I am shocked that what is essentially a
completely private process is being used to make
these decisions. I was given the impression that
you would be working with homeowners to resolve
matters quickly. Now they are being told to get
lawyers and sue the district if they don't like
The property of Nancy Van Insberghe at 2430
Chapman Way should never have been developed.
The slope above this property is identical in
steepness to the Kuttner property. This home is
also directly above homes on Chapman Way. These
2 homes (2430 and 2440) were released to a
developer in 1980 after the last slide with an
rs1 zoning. The developer subsequently wanted to
subdivide the lots into 5 properties. After a
public outcry the district did not approve the
subdivision but allowed the developer to build 2
residences on the property without rezoning.
These homes interrupt a greenbelt called
Canyon Creek Park which runs most of the way
from Hyannis Point to Hogans Pools along the
edge of the escarpment. Homes located midslope
like this have a serious destabilization affect
on the slope they sit on. The reason this
greenbelt exists is because it was long ago
determined to be unsafe to build on.
I'm sending this to you now so that you have
an opportunity to react before this decision is
made public. Here is a link to a contour map
which shows the slide and the Insberghe and
Kuttner properties with contours
What is the point of making homeowners hire
their own lawyers to fight district lawyers.
Doesn't that just cause conflict all around? It
puts homeowners at a serious disadvantage when
they have to personally fund something that
district staff has at their direct disposal.
Where's the mediation process here? Is an
adversarial system the best use of tax dollars?
There should be a way that these directly
affected homeowners can directly question the
geotechs which are the source of the decisions
that their homes are now safe to return to and
to have input into decisions which so directly
affect their lives.
It is also totally reasonable for any of the
remaining homeowners to be given a proper
geotech declaration of safety (as opposed to a
comfort letter) before they return home. Nancy's
home was assesed at $561,000 on the 2004
assessment. The correct thing to do with this
property is to purchase it and return this land
to Canyon Creek Park where it has always
belonged. I presume that the same is being done
with the Kuttner property which is assesed at
Feel free to comment or correct any
misconceptions in this email.