John Noto recently came before the Marlborough Town Board seeking resolution to a long-standing drainage problem on his private road, Noto Drive, off of Lyons Lane.

Noto said a drainage pipe that runs under and near the end of his driveway, collapsed approximately 18 months ago. He said that in an effort to get this problem fixed, he brought it to the attention of the previous and present town boards, various councilpersons and Highway Superintendent Gael Appler “and I’m getting nowhere.” He said he was told that it is ultimately his problem and “there is nothing we can do about it.”
The 60-foot-long collapsing underground pipe is on Noto Drive and is approximately 50 feet in from the center line of Lyons Lane.

Noto said he came forward to speak to the board publicly after seeing recent work that was done for others on Lyons Lane by the Highway Department.

“About two weeks ago I got a smack in the face because the Highway Department went up the road from me and replaced two culverts [and] they extended the culvert across from my driveway [a farm road], but they can’t fix the culvert on my driveway.”

Noto said he has spoken with both the Department of Environmental Conservation [DEC] and his personal attorney about this issue.

“It seems to me the Highway Department is directing the water, so now it is their responsibility to where they are directing it to, which is going across my property,” he said.

Noto added that his attorney advised him that he has the legal right to cap the pipe and “wherever the water goes, it goes.”

Noto said he has been trying to resolve this problem in a respectful manner, but lays the responsibility for the impasse squarely upon Appler.

“Mr. Appler, yeah I am pointing fingers, you just refuse to fix that pipe for some reason. I don’t know why, and I would really kind of like an answer.”

Noto said he is considering initiating legal action against the town “because it’s just to the point where it is ridiculous.”

Noto submitted to the board a long list of driveways that were fixed on Lyons Lane in the past two years and pointed out that the Highway Department also blacktopped a swale on the northern side of Lyons Lane by Overlook Coolers, farther to the west and higher in elevation than his property.

“[It] feeds every culvert, including mine, going to a so-called catch basin that the town has a pipe crossing the road onto an easement [of a neighbor],” Noto said. “They are directing it and now, all of a sudden, it’s my problem, my pipe [but] no problem for anybody else.”

Supervisor Chris Cerone asked for Appler’s comments.

“As far as I am concerned, he [Noto] can challenge it in court all he wants to,” Appler responded.

Appler said he suspects the Board of Health originally directed the water to flow through his property [in front] “so Noto could get the building lots and avoid septic problems.”  He said that Noto inherited the pipes that were there when he established the subdivision a dozen years ago.

“It’s all part of the subdivision. It’s not part of the town,” Appler insisted. “The town doesn’t own any streams, any waterways, anything.”

Appler said he does not believe the town is directing water onto Noto’s property, adding that where Noto’s pipe is located is beyond the 25-foot center line of the road, thus making the entire matter a private property maintenance issue.

“As far as I’m concerned it’s not on the road right-of-way,” he said. “I don’t believe the Highway Department has anything to do with it and I think he has to fix his own problem, no different than if he had to fix his roof.”

Noto said he was puzzled by Appler’s comments on the septic systems because the locations all along Lyons Lane are in back and nowhere near the front yards by the drainage pipe.

“I never knew of anybody [to] drain their septic into a culvert pipe that feeds the town ditch,” he said.
Councilwoman Lisa Biggin said there has to be an easement to the town, which in the past Noto said he would grant to the town.

Noto said he was even willing to meet Appler half way by offering to provide half the necessary piping.  “Mr. Appler sent one piece of pipe up, two collars and no bolts,” he said. “It’s a 60-foot section [underground].

What is one piece of pipe going to do? Twenty is not half of 60 feet, as far as I’m concerned.”

In a subsequent interview, Cerone said that although there is no guarantee, he will try to find a solution to this issue.

“I am going to be speaking with Mr. Appler in regards to Mr. Noto’s situation in the hope of coming up with a solution that will make everybody happy,”  Cerone said.

By MARK REYNOLDS
mreynolds@tcnewspapers.com