City says there are no documents or written orders regarding 13-17 Hanson St.

City workers and equipment doing earthwork at 13-17 Hanson St. in Rochester. (Courtesy image)

ROCHESTER - The attorney for the city of Rochester's on Friday told The Rochester Voice the city has no documents regarding September site work done at 13-17 Hanson St., work that a Hanson Street restaurant owner says caused flooding in the restaurant's basement earlier this month.
Jim Hanley, owner of Porter's Pub, says the city's elevation of the adjacent lot caused his business to flood on Feb. 10, already costing him thousands of dollars for its cleanup.
Hanley said water poured in through a small bulkhead on the side of the building nearest North Main Street, leaving his basement with about a half inch of water.
On Wednesday The Rochester Voice sent a Right to Know request to City attorney Terence O'Rourke, City Manager Blaine Cox and Deputy City Manager Katie Ambrose, asking they turn over all documents relating to work done on 13-17 Hanson St. in September, including dispatch orders, memos, and any other interoffice correspondence or subcontractor billing.
New Hampshire's Right to Know law also includes emails and other electronic correspondence among its definition of documents.
On Friday O'Rourke emailed The Rochester Voice, "1. We have no dispatch orders for workers and equipment. 2. We did not employ any subcontractors. This was all completed by City staff."
Cox was on vacation last week, and Ambrose said she would have no comment on the matter.
Hanley said he spent about $2,500 of his own money to pay employees and other workers to help remove the water, and then reached out to the city around Feb. 15 to see if they were going to help him with the costs since their actions caused the flooding.
He said he and past occupants of the building had never seen flooding before this month.
The city's insurance people did meet with him last week, Hanley said on Monday, but thus far they are not committing to helping him.
"The adjuster said it was groundwater, and he does not know if they are covered for that," Hanley said on Monday. "He told me in the meantime I better clean up the place myself."
Generally, typical insurance does not cover groundwater damage at the foundation level or below.
On Feb 17, with the need to get a water mitigation company working to remove any mold or mildew created by the flooding, Hanley was forced to file a claim with his own insurance company, which could result in a rate increase.
He says the city is culpable for any damage.
"Flooding had never occurred in the building before the city raised that lot by filling in about six inches," Hanley said on Monday.
"The matter has been reported to our risk management provider and we are actively reviewing the issue with them and Mr. Hanley," Ambrose confirmed in an email.
Hanley said the mitigation company had already billed out $7,000 and the final tab could be as much as $15,000, since any contaminated groundwater that touches wood will have to be treated by an antimicrobial.
The work done by the city in September was to prepare 13-17 Hanson Street as a downtown green space beginning this spring.
The acreage is leased by the city from owner Justin Gargiulo of Great North Property Management, Inc., of Exeter.
City Economic Development Director Mike Scala said the lease is a short-term affair while the owner defers development on the .24 acre lot.
Scala said the cost of the lease is a wash because they send Gargiulo a check for his property tax bill, and he sends it back to the city. Breitling Holdings, whose agent of record is Gargiulo, bought the property in 2017 for $135,000.
Scala also said he would have no comment on the flooding.
Hanley doesn't know why the city decided to raise the lot with six inches of fill, or why they didn't identify the flooding potential.
Hanson Street has a mild slope heading toward Columbus Avenue naturally, he said.
He said he's not aware of whether the city completed a drainage or water runoff plan as is often done with any excavation or fill project.
Ambrose said she would have no comment on whether one was filed.
The city requires a stormwater management permit whenever someone "alters land or engages in any activity which causes or contributes to stormwater runoff discharge," according to its Stormwater Management and Erosion control permit application on the city's website. "The owner shall be required to apply to the Department of Public Works and obtain such permit from the Department, prior to undertaking any action," the permit says. "This requirement shall apply to any activity that will disturb or impact a land area greater than 5,000 cumulative square feet unless specifically exempted by the ordinance."
The land at 13-17 Hanson St. comprises .24 acres, or about 10,454 square feet, well over the threshold that would require a permit.
Hanley said if the city doesn't help, his insurer may have to go it alone, but they could very well subrogate against the city's insurer.
"Even if they do subrogate and recover all their money, it will still show up that I filed a claim, which could raise my rates," Hanley said.
Subrogation describes a legal right the insurance company holds to legally pursue a third-party responsible for the damage caused to the insured.