Town Spending Another $50,000 on Controversial Project

Six years ago the Town of Harrison decided to re-develop six acres of land at Beaver Swamp Brook for a recreational complex. The project, which was called "Project Home Run," included plans for a baseball field, a multi-purpose field, walking trails, a gazebo, bathrooms and parking.

Instead, the site became a bit of a battleground between frustrated residents and town leaders when, after fill and topsoil were laid over the site, homeowners in the area began reporting increased flooding.

One of the homeowners affected was Michael LaDore, who has lived in his Park Avenue home with his wife and four children for over 10 years. He says his house was flooded twice in 44 days following the fill being laid, causing him over $100,000 in damages.

He, and other affected residents, both in Harrison and Rye, approached Harrison's Town Board years ago asking that the fill be removed to protect them from further flooding.

Studies by the town, however, concluded that the flooding was not caused by the fill. LaDore says this contradicts two previous studies by consulting engineering firms, hired and subsequently fired by the town, who stated otherwise.

Because of resident complaints to the Department of Environmental Conservation (DEC) a hearing was scheduled - 150 residents attended.

For the hearing the town hired Leonard Jackson Associates as a consulting engineer to provide information. The group found that the flooding was not caused by the additional topsoil, supporting the town's original position.

DEC hearings have continued ever since. During this time claims from LaDore that Leonard Jackson Associates' findings were flawed resulted in the engineer suing LaDore $40 million for libel and slander. The suit was dismissed by the New York State Supreme Court. Leonard Jackson Associates has since filed a second suit against LaDore, this time for $10 million.

LaDore said he has always felt that these suits were designed  to hurt him financially and to ultimately stop his protests against the development.

This January, the DEC requested further clarification from Harrison on their plans for the site.

In a town board meeting on March 18, Mayor/Supervisor Joan Walsh, supported by Councilmen Joe Cannella and Fred Sciliano, voted to pay Jackson and Associates another $49,500 to supply these clarifications.

Councilman Pat Vetere and Councilwoman Marlane Amelio voted against it.

LaDore said he is incredibly frustrated by the decision.

"I feel that by their actions, the board is basically funding Jackson and Associates' lawsuits against me," LaDore said.

Those in support of LaDore feel that any consultant employed by the town, who subsequently sues residents, should not be employed  in any further capacity by the town in the future.

"The town just does not have the money to be throwing it away like this; and particularly to give to companies that are suing town residents for speaking up," LaDore said.

Councilman Cannella has countered this comment by saying that it would be irresponsible to rely solely on a report submitted by a party to the grievance who is opposed to the project.

Mayor Walsh said that although she understands LaDore's position toward Jackson and Associates, the town is  bound to using that firm because starting with any new firm at this stage would cost the town a lot more in fees. She also said that it is important to move forward with the issue.

"This site is the entrance to town and can not just be swamp land," she said. "Further, just removing the fill will not fix the problem. Homes in the area were subject to flooding prior to the fill being laid."

Walsh also said that in deference to the residents, the town has abandoned the idea of ball parks in favor of more modest construction.

"That idea went out the door when I took office," she said. "We are now looking at a more passive park with walks, a few benches and an area where parents can play catch or a pickup game with their children."

Once the town submits the required clarifications to the DEC, they will be open to comment by the affected residents, the town of Rye and members of the DEC committee. It could be a long, slow, process that may be further complicated by residents taking legal action against the town to stop the development.

To prevent this, LaDore and other residents have requested that the town board take a fresh look at the project and find an alternative plan.

Mayor Walsh said she is sensitive to the residents' situation and would be prepared to discuss further options. She said that if the residents think of a plan that combines and funds their desire to remove the fill, yet creates an aesthetically pleasing entrance to the town, she would be happy to sit down with them and discuss it.

LaDore said that while Councilman Vetere and Councilwoman Amelio have sat with him to discuss the issue, Mayor Walsh and Councilmen Cannella and Sciliano have refused his recent request for a meeting.

"We residents are not looking to be obstructionist," LaDore said. "We're ready and willing to work with the town board to come up with alternative solutions."