The town has intervened in a dispute between two neighbous over water drainage, but administrators insist the two parties involved need to ultimately work it out amongst themselves.
Walt Woytuck said his neighbour has pushed snow from his driveway to the western edge of his property on 47 Street and over the property line onto Woytuck's property. When the snow melts, run-off drains west toward Woytuck's home. According to town officials, Woytuck's driveway “has developed a sag towards the residence” and a crack in the foundation causes some seepage from time to time into his basement.
“He collected (snow) and dumped it onto the edge of his property and I would guess approximately two-thirds of it is on my property along my driveway. We have about five months of winter coming and two feet of snow to come and where would you suggest I put my snow,” Woytuck said, adding that his neighbour hasn't moved the snow north, towards the street.
He said the issue has been going on for years, but it has yet to be resolved.
“I've spoken to him over the years to very little satisfaction.” Woytuck said.
The dispute reached town hall in the spring.
A letter from Werner Fischer, the town's manager of planning, in April 2013 summarized the town's understanding of the issue to both parties. In it, Fisher stated Woytuck's contention that the problem has gotten worse since his neighbour constructed a garage in 2011, which directs run-off toward Woytuck's property.
“By copy of this letter to (the neighbour), we ask him to consider how his lot drains, recognizing that surface drainage should be directed to the street and lane and that pooling of water be avoided,” Fischer wrote. “The crack in the basement wall is a key factor in why you have water in the basement but the underlying reason warrants investigation.”
Woytuck said the crack in the foundation was present in the home when he bought it 35 years ago. Asked what he has done to mitigate the damage to the foundation, Woytuck insisted that if the water drained properly, the crack in his basement wouldn't be an issue.
“The emphasis is on proper drainage,” he said.
As a result of the drainage problem – which Woytuck insists is due to his neighbour's actions – Woytuck said the town should consider a bylaw directing people to pile snow wherever it causes the least inconvenience to them and to neighbours.
“There's got to be a bylaw so that people move their snow in a responsible way that it doesn't inconvenience, cause damage or harm to anybody,” he said.
Norm McInnis, the town's chief administrative officer, said the town does sometimes try and mediate disputes – and has intervened in this case – but that ultimately, opposing parties should try and work out a compromise amongst themselves.
“Sometimes neighbours need to talk amongst themselves,” he said. “Creating a bylaw to address this is not the answer.”
Numerous calls to the neighbour for comment went unanswered.
