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The attached 2 photos were taken in July of 2007 during a rainy day when the lack of proper high drain that caused all the rain water diverted into my driveway from Route 44. My property is a retail establishment. Such flooding condition caused not only bad imagine but also public endangerment conditions. CT DOT has been informed and awared of this condition.

and the second photo

These two photos were taken in around January/February of this year, 2009. CT DOT intentionally refused to plow the area in front of my drive/apron area. Again, my property is a retail concern, would anyone wants to drive in to shop at this condition?

and the second one.

These photos were taken in this July of 2009, after the rain, the highway water continue to overflow onto my driveway due to the lack of highway drain. The condition would be the same as those two photos if it was during the rain. These 2 are after the rain.

second photo

Unfortunately, you don't understand that during a torrential rain, there is flooding that occurs. It's not only your driveway that gets flooded!! An average human understands the effects of NATURAL WEATHER CONDITIONS THAT OCCUR!!!! I have personally pass your establishment frequently during regular rain storms, passing showers, torrential rain and whenever there is a flood issue warning. You are making a BIG DEAL OUT OF NOTHING. If you don't like the water, do something about it yourself. MOST OTHER PEOPLE DO.

Maybe you could move your pile of rocks to stop the flow of water. Or do, perhaps, what others do when there's going to be a flood ---- use sand bags.

Stop your complaining,

It doesn't seem like a business owner should have to sandbag their property during a regular rain shower if it is due to a road design failure?

Also, don't you think this person is doing something by asking for the State's assistance?

This problem started right after the highway Route 44 repavement project in August of 2003. The business owner reported this problem due to lack of storm drain to CT DOT too many times. Who do you think this "Stop your complaining" person is? He is perhaps a DOT staff. I like to ask this person if he has a pool of water flowing onto his driveway and into his property preventing people coming in, or, he needs to post photos of other business owners having the same problems in their driveways. It is inappropriate to make such irresponsible comments from governmental officials. It is DOT's mandated responsibility to fix highway drains. The business owner does not own State highway.

There was a business there before yours and they never had customers not go because of rainfall. You are just looking for someone to blame due to your failing business. If you don't like it....leave

How do you know this business is failing? Perhaps someone wants this property for development and CT DOT is helping that person to get the property by creating such inaccessability condition. Are you that person? It appears that you know a lot about this property and the previous owner. How do you know how many customers the previous owner had? Are you involved in this? Don't you think your comment is intentionally defamatory to the current business? What base do you have to make such claim of the performance of this business. It is a small thing to install a catch basin outside of the driveway to catch all the water. Why wouldn't DOT do so on this highway when DOT installed so many along other highways? Don't you think such flooding condition creates public endangement? Are you going to consider driving through this flooding condition with your senior parents or your new born baby in your car with coming traffic? Is this flooding condition up to the highway design standards? The tone of your writing carries anger. Why are you so angry to make such comment? What has this business done to you? Do you leave comments like this to other area watchers?

DOT has already installed two (2) catch basins regarding your problem. I don't know enough about your business but I do know that during this past summer without any rainfall that you hardly ever have a customer in your driveway. That's all.

I am a little upset that people like you are trying to spend State Money on foolishness. As a land owner, don't you think that you perhaps could remedy this problem yourself. You stated that "It is a small thing to install a catch basin". If it's that small of on issue, why all the anger in your writing?

I have not seen your books regarding your business. I do observe your store every time I go by and THERE IS NEVER ANYONE THERE SHOPPING WHETHER IT IS A CLEAR & SUNNY DAY OR A RAINY DAY. So, that tells me one thing.........you are blaming the State of Connecticut because you very rarely have a customer. IS THAT FAIR???????????? NO

To the person who commented the last:

It is obvious that you work for DOT and perhaps have involved in this defect drain problem for the last six years. These two catch basins, first of all, do not work properly. If they were to function properly, these photos would show a different picture. If they were installed at the right locations, you would not come out to help out a neighbor of the business to clear their driveway whenever it snows. In fact, in early 2004, June 22, at 2:00 PM to be exact, the business owner presented an engineering report and design to DOT as to where to install a catch basin in a meeting held at the town hall of Barkhamsted; but it was rejected by DOT. At the time, DOT made it clear that the area in question was State highway, hence, a State proprty but not private property. If you were in that meeting, you knew exactly who were involved.

Therefore, if you do work for DOT, you should know better that there is highway drain design requirements and liability issues mandated by the State. Are you asking all business owners to contribute to DOT's mandated responsibilities or just this business owner? Are you the one who has been giving this business owner so much hard time since the very beginning of the business?

You are so quick to accuse the CT DOT.
I can say that it's not that often that your area is overwhelmed with side water. But, when it is, there are many more areas within the state that are more of a concern.

Your water issue is minute compared to other areas that are more serious than yours. Therefore, I believe that your issue should be on the bottom of the list due to the fact that your so-called problem is only during a heavy, heavy rainfall.

Did not see any catch basins when drove by Friday, Sunday, and yesterday.

Dear Observer:

Thank you for your interest in this matter. If you should drive by again, from west to east, please take a notice that:
one catch basin was installed in the middle of the State right of way between Route 44 and the business signage, to the east of the subject property driveway;
another one was installed in the State right of way to the east of the neighbor's driveway, the neighbor is to the east of the subject property.

*comment removed by admin

Where is your property boundary?
Why were those catch basins installed there?
Where were your engineer’s suggestion?
Are there pipes connecting to those catch basins?
Is there any topographic analysis available or done?
How do you expect water flow from highway into those catch basins?
How is the pool of water drained away from your entrance?
Is there any erosion?
Where is the selectman of Barkhamsted?

I just created a watch area for the First Selectman of Barkhamsted and an email has been sent regarding this issue.

It does appear that though this is a State Road your local elected official should be able to assist you in conversations with the State.

Dear Observer:

To answer your questions:

My property boundaries, to the east, is several feet from the neighbor’s driveway. The survey pins were vandalized soon after the survey work done in October of 2003.
To the west, it is to the tree line separating my property from a vet hospital.
To the north, it is parallel to route 44 where the business signage ends.
If you will see a map of route 44 from DOT headquarter, all properties along route 44 in Barkhamsted have the same depth of State right of way as buffer to the highway.

I do not have answers as to why those catch basins were installed there. You may have to ask DOT’s engineers via freedom of information act.

My engineer's suggestions were for one to be installed at the State right of way to the east property boundary area, and for another one to be installed at the shoulder (or gutter?) of route 44 to the east immediate outside of the apron (at the end of the curbing) to my driveway.

There has been an existing pipe several feet under my driveway discharging ground water into an intermediate water hold where the covert is; the origination of this pipe is unknown. In January of 2006, when DOT installed the two catch basins, they installed additional pipes connecting the two catch basins to service multiple properties to east of my property.

I do not have answers as to any topographic analysis done. It is not my responsibility to take on this analysis, it is a State highway.

I do not have answers as to how water flow from highway into those catch basins. You may have to ask DOT’s engineers via freedom of information act.

The pool of water is not drained away from my entrance but just sits there until it is evaporated. My photos give you some ideas how winter is like.

Yes, there is erosion. My driveway is gradually washed away.

The entire town of Barkhamsted knows about this, but people look the other way instead of doing the right thing. The previous selectman wrote to me in 2004, I paraphrase here, that “…water comes from the sky, drops down to the mountain, then goes down to the lowest point…you are at the lowest point therefore it is your responsibility to fix it…” During that meeting held on June 22, 2004, a local State Legislator from Colebrook, who was heading the meeting along with this selectman, started the meeting using the same statement.

65% of Barkhamsted is owned by the State. DOT is not the agent that manages the ownership but certainly abuses its position as if being the proper owner with extended elbows.

Thank you, again, for your interest in this matter.

Business Owner,
What is the local newspaper in town?

To Mr. Berkowitz

Dear Mr. Berkowitz:

Thank you very much for your support.

Sometime in February of this year, I have contacted a local newspaper in Torrington, Register Citizen, owned by the same owner of New Haven Register(?), regarding DOT's intent of not snow plowing my property frontage. A reporter did a quick phone interview with me and I provided various documents and photos to show cause. There was an article written and published; however, the substance of the article was somewhat selected that perhaps confused the readers without the whole picture. I was very grateful, still am, that the newspaper took the time and space on the matter.

I just learned that a lot of the local DOT employees who were involved in these drain problems were recently retired. This, again, further emphasizes how irresponsible DOT was, has been, and is in terms of their mandated responsibilities to our roads and maintenance.

Thank you, again, for your support.

Looking at this objectively: if the DOT changed the road surface, and their structural alteration changed the flow of water such that the water flows across private property (and did not previously), then the DOT's actions have caused damage to the property and decreased property value. There is no way to know if the additional water influences customers - nor does this matter. This should be a clear case of: DOT created a problem where none existed previously; DOT should be responsible for fixing the problem or paying the property owner's expenses to fix the problem.

There isn't any damages to your property nor has it lessened the value. Why should the DOT have to restructure the road in front of your business due to storm water? Do you know how many private homes and other business have the same problem you have during a heavy rain? Thank goodness that not everyone complains about storm water! Could you imagine how long the complaint line would be?

DOT ownes so many feet on your property. Is the problem on their property or is the water up to your front door? The people that keep clicking "I want this fixed" should ban together and sign a petition.

Dear Kaleidia and Getting Interested:

Thank you very much for your interest in and support to this drain defect issue. First of all, I am at awe and shocked that DOT aggressively and proudly announced to the whole world that “…many private homes and businesses are having the same problem…” in Connecticut. For that comment, it is not difficult to figure it out the quality of DOT’s work.

There is a strip of State right of way between Route 44 and my property and all the properties adjacent to Route 44 in Barkhamsted section, about some 20 feet. As the photos show, the water comes onto the driveway to my property and pooling in front of the entry that creates public endangerment and accessibility. In addition, DOT is using my driveway as water way to pass storm water from the highway and from neighboring properties. This is public taking and depriving me the necessary access to my property. This problem also causes erosion. According to DOT’s own expert that public highway allows few feet of room at the gutter (shoulder area) for water accumulation during time of rain, and that DOT allows small percentages of storm water coming into private properties. However, the same expert also made statement that because the section of Route 44 in front of my property is straight, therefore, travelers should dodge the water when seeing the storm water accumulating into the middle of the highway. As the photos show that travelers would have to dodge into the opposite lane confronting coming traffic to avoid storm water. The photos also show that water accumulated more than few feet and more than small percentages flowing into my driveway. Again, such statement represents the quality of DOT’s experts.

Recently DOT undertook a major highway drain project to benefit people live around the Exits 45 and 46 of Route 8. It is obvious more of a political issue. Early this year, Barkhamsted asked for more than $700,000 appropriation to fix drain issue to benefit one private property owner on Route 20 in Barkhamsted. If money is given, who is getting the contract to do what? I invested hundreds of thousands of dollars of my own money in this town to provide quality products and excellent services. As the condition of our economy that we are all in, for DOT folks to mock this issue with such indecency, incivility, and aggression, we should let the public and the whole world be the judges that for what reason DOT would put me in such detriment. One great person once told me, I paraphrase here, “…if you tolerate in silence, you are part of the problem; if you ask me to tolerate in silence, you are the problem…”

I am in the fish bowl, so for those who in Connecticut having the same or similar issues, as long as your issues are genuine and harmful to your properties caused by DOT’s lack of care, please do get in contact with me. In the interim, here is my positive energy sent to the universe that truth is coming out. I am genuinely happy for you if my speaking up and asserting my rights benefit you whom in the same boat.

There are good DOT folks who have been helpful in providing information and making good, and I have dealt with many of these good folks. This issue is under the 4th district that covers the NW region of CT.

Another photo

Is there flooding on the property that you could show? Its hard to tell that the run-off from the road is affecting your property.

I wish to add to my previous post that I am very grateful to Mr. Berkowitz's good cause of providing this forum and space that allow me and others share our issues with concerned citizens in this State. In fact, instead of contacting me, it will be a much better idea to post your issues right here to show Mr. Berkowitz your support to his good cause. Another way to support his good cause is to do the right thing whenever you can and wherever you can with whomever you can and spread the words of SeeClickFix to get your issue out there.

Take pictures of the damages to your property due to the poor design and post them here, that is, if you have damage. Then, everyone can visually see what you are talking about. Your pictures only show storm water on the side of the road. Take pictures of the water actually creating damage while it is happening. Don't just take pictures of highway water.

Dear DOT and AAG:

You know very well that any tribunal information may be found with the Claim Commissioner's office in Hartford, Connecticut as public information. By twisting and redirecting the issues and pressuring to show photos is not working here. There can be no dispute that this issue and the fact here is a highway drain defect. You are not saving your face with me, you are providing deservice to the general public.

In fact, the intermediate water hold area has been so badly lack of maintenance for a few years where the area, in the State right of way, is blocking the opening of my underground drain pipes and preventing me conducting meaningful evaluation work ordered by a Superior Court Judge. DOT informed me that some crew would go out there to clear for access either on Friday, 9/4, or, Tuesday, 9/8; then, informed me it would be on Thursday, 9/10, without showing up; again, informed me it would be today, 9/11.

DOT has trucks routinely taking photos while driving by as part of their tasks. You do not need to see mine; you have your own photos.

The business owner will no longer respond to any question that is harrassing and destructive in nature. People know where the problem is. They can visit to see for themselves. Thank you very much for your interest in this matter.

In your very first section you state that the problem is highway water running into your driveway. Then you state that DOT wouldn't plow in front of your establishment. Then, you start accusing everyone in Barkhamsted of looking the other way instead of fixing your so called problem. Then, you are blaming Government officials, the town, DOT and AAG. If you stop blaming everyone and put your energies into calmly finding solutions, you might get more accomplished.

There are no photographs of real damage.

I live in a nearby town on a state road in a rural area, and have had somewhat the same problem with DOT for years. Started when the road was ground up, re-graded, and resurfaced. We live on the "out" side of a curve, house, lawn and driveway somewhat lower than the road. Common sense might say that the road would need to be graded tilting toward the "in" side of the curve, (a little like a racetrack) to make driving through it more stable, however, DOT "crowned" the roadway, allowing water to run off both sides. They did put catch basins on the "in" side of the curve, opposite our house. But the rain collects on the road at least one hundred feet up from us, runs down our side, down my driveway, onto my sidewalk, brings silt and road sand onto my lawn, and water seeps into my basement. Finally I had to do something about it, as this year, with the torrential rains, it started to make a river down the lawn beside our asphalt driveway. Made a gully about eight inches deep and I knew it would undermine the drive. I called DOT at the regional office, and said I was concerned. They sent an engineer, put a couple of hay bales at the top of my driveway (temporary fix and pretty ugly, I admit) and later brought in dirt and grass seed to fill in the "Grand Canyon." So far so good. Admittedly, it was an easier fix than this problem, which looks as though it would benefit from a catch basin. But if they can be concerned about my RESIDENCE, I think they should also show the same concern for a BUSINESS. After all, small business owners are struggling to make a living, too, and are an asset to the community and to the state. There should be room for some mediation and a practical solution to this problem.

Dear Jasmine:

Thank you very much for your interest, support, and most of all, your courage to share your dealings. I hope more will come out and share their dealings for the greater good of society. Your comment is heart felt and greatly appreciated.

The Claim Commissioner only takes on a case if the business owner can show that there is damage and the case is more than likely to prevail. The subject property is the business owner’s private property. The property owner need not show any photos under the privacy act. If the Claim Commissioner took the business owner’s case, an Assistant Attorney General would be assigned to represent DOT.
Route 44 is a State highway, but the town’s administration has a responsibility to all business owners the same as to all the citizens in town. The town has a responsibility to advocate the safety to people who use that portion of Route 44 in Barkhamsted, general statutes are under the municipality chapter. Any business in town can only help town’s prosperity. I want to live in a town of prosperity, beats me if you don’t.
The business owner wrote that the business owner proposed a resolution but was rejected by both DOT and town administration. If the 2 installed catch basins were DOT’s resolution, I still can’t see why those 2 were installed to where they are. Neither of the 2 basins can resolve the business owner’s problems but someone else’s’ problems.
I see why the business owner gets upset over this problem. Why do the rest of us get so angry and attack the business owner beats me. I don’t want any water coming and eroding my driveway, beats me if you do.

Dear Observer:

Thank you for your observation, comments and support.

Dear Breathe before your answer:

Thank you for your comment. Perhaps one way to contribute to the positive energy for resolution is for you to vote positively on this issue.

Thank you all very much. All is well.

Thank you for the reports here. Very interesting. I will use the "Send to Friend" tool to forward this on to a few folks.

Thank you, Mark, very much for your support.

No one really needs to be put in this position and go through this simply because of some public servants locally decided to abuse and obstruct mandated responsibilities, especially to a small business owner whose fundamental right to earn a livelihood has been violently violated as if there is no law in this part of the country and neighborhood.

Thank you, again, very much. All is gratefully appreciated and all is well.

As 2009 ends, CT DOT continues its refusal to correct the highway storm drain defect. From an ongoing legal proceeding, more relevant materials were discovered. Legal pursuits are inevitable. 315 New Hartford Road, Route 44, at Barkhamsted of Connecticut is my Ba’al-Perazim.
I hope all of you out there will continue to encourage your friends and family to vote for me; along the way, I encourage you to always do the right thing. When you vote for me on this issue, not only you stand up for what American truly means and are, you also plant a good deed to the American future generation.
This is not a contest. When CT DOT ignores their mandated responsibility, they make me a better and a stronger person at the same time put themselves further in shame and the commuters in danger. The DOT Commissioner probably is not even aware of the matter in details. Those local staffs who are in control of the roads are carrying out the abuse.
I did not know and had no dealings with any of these local staffs when I started the business. Why they chose to continue the harm to me is to the court's interest.
I wish all of you a happy new year and a very successful 2010.
Going strong and joyously, Business Owner

Register Citizen published an article today regarding a new medical center development and mentioned my name, http://www.registercitizen.com/articles/2010/01/06/news/doc4b44138106527376779590.txt#blogcomments". The following is my comment:
I appreciate Register Citizen mentioned my question in the hearing; however, Register Citizen perhaps should have disclose my question more accurately. In the proposed site design, a man-made wetland pond will be created and be managed to discharge storm water into an easement, then, discharge into Mallory Brook going east. This easement is a water course connecting Route 183 vertically (the Old New Hartford Road) to Route 44 discharging storm water into Mallory Brook.
In front of my property, in the State-Right-of-Way (the south side of Route 44), there is a culvert going underneath Route 44 connecting to Mallory Brook situated at the north side of Route 44. There has been a legal dispute with CT DOT as to how the Route 44 storm drain defect causing damages to my property and my micro-business, not to mention the fact that DOT has been using my driveway as water path to service the neighborhood. Please see http://www.seeclickfix.com/issues/4894.
My question, at the hearing, was what the impact would be to my property by allowing additional water discharging into Mallory Brook. I don't think I made comments in regards to the size of the building, and I don't think I ever used the words "water run-off". I like to ask Register Citizen to make correction of my question.
After my extensive conversation with CT DEP, the management of Mallory Brooks is under the local municipality; however, I was given the impression that it should be under DOT's jurisdiction. Don't forget that there are property owners, adjacent to Route 44, have been using their open land for tree harvest and discharging additional surface water into Mallory Brook.
I am only a micro-business owner and it is my fundamental right to strike a living in my own property. I have invested a lot of money into the town and have provided great services and high quality merchandise with very competitive pricing to benefit the community. To subject my livelihood to such dispute is not American. Connecticut is known to be a very difficult state for small businesses. How many of you are thinking of getting into your own small businesses when you lost your regular paid jobs just to strike a living to pay your bills and put food on the table for your family? Wouldn’t you want to protect your own properties if it is happening to you? Is it not your right to exclude trespass of any kind, in air and underground, for quiet enjoyment of your own properties? "

I am thinking of opening a small micro-business. Do you have any suggestions as to where I should open my store?

Dear @@@@_@@@:

I am flattered that you came to ask me regarding your future business. Are you from Barkhamted, or, any of the surrounding towns of Barkhamsated? Are you from the State of Connecticut, or, any of other States? Thank you very much.

Business Owner

I have lived in Winsted most of my life. I currently live in Pine Meadow and I am not sure where is a good place to open a business. I want to start a small fast food or vegetarian restaurant. I know Winsted has no money, Torrington is full of hoodlums, and Barkhamsted doesn't have many spaces available. Thank you for your fast reply.

Dear Cindy:

Thank you for your reply. Have you visited my place before? If you wish, please stop by and we will talk over a cup of our most delicious and organic tea. I am not always there, so just check to see if my car is parked out there. If you have driven by my place often or have met me, you know which one is my car.
Thank you again for contacting me. May I also ask you to please support me by voting to fix the flooding problem?
I look forward to meeting you.

Business Owner

Dear Cindy:

Just curious, by any chance, are you related to a Bruce Schmidt of Winsted in any way?
Thank you very much.

Business Owner

This... doesn't look any different than the front of my house when it rains.

You really want the state to fix the road because you have this "issue"? Have you actually had any property damage that is claimable? It just looks like a little water on the road.

No, they never did anything but help the neighbor and made the situation worse for me. There is nothing but corruption in CTDOT.

Most recently, a Director from CT DOT wrote to me and claimed that the highway drainage "is" working. Whhere is the drain?

Here are some photos taken on 9/1/2013, Sunday afternoon...CT DOT wrote to me that there is no drain defect surounding my property...what do you think?

Shortly after, 9/1/2013, Sunday afternoon, my property served as a storm water reservoir for the public without my consent...what will you do if this is your property?

Recently, within the last 10 days or so, a car accidence took place right around this subject area (not the first time of incidences) when and where one involved party had to be air-lifted to hospital for treatment. It is egregeously shameful for responsible government servants to ignore this greiving condition surrounding my property for their personal agenda and endanger the public. You, the public, are paying for their mistakes and intentional harm to innocent folks.

Don't need to deal with corruption.