By Carl Hale
Meeting Attorney Walkowski in August 2009, I wasn't about to judge him but rather respect the fact that he said he was a Harvard Attorney and while asking about his lots for sale, he stepped to his vehicle and presented me with this map of his land plot layouts and a 4 page brochure which described his housing development.
On this day in August of 2009, a small pond, a Wetland was being dredged of all it's cattails. I would later understand the importance of those cattails. This was on Lot-1. The contractor working on Lot 1, Joe, was hired by Attorney Walkowski. Joe, the Excavation contractor called me to look at this Lot-1 to see if I cared to seed the lot with grass and I accepted the work.
I returned the next day to talk with Walkowski after telling my son about this land for sale. I told Derrick my son, the land had an incredible view of the Airforce Base, Barns AFB, Springfield MA and the Connecticut River Valley. Derrick was very interested, the price $165,000.
Derrick was working in Perl Harbor and was ready to come home and build a house to start his family.
All looked great, I was shown plot maps, Road information, Telephone poles installed and Septic Perc test approvals, which all were all signed off by the Town of Montgomery. I gave a down payment of $17,000 cash, that same week to Walkowski as he requested cash.
The down payment included Kevin, aligning a mortgage for my son. "The VP of United Bank, Westfield is my good friend, as Kevin encouraged I get the loan with United." I will get the loan for Derrick. Yes, Derrick was set up, papers faxed to Hawaii, notarized and Within a few weeks of the mortgage going into effect. The day before the loan went into effect, Kevin stripped our loam off our property and lowered our elevations. He installed a driveway through the swamp next door on his unsold lot, raised his elevations and water is now diverted to our Lot-2 giving us lots of water from the wetland being filled in.
Kevin Walkowski was about to build his Spec Home. First, he dug his foundation footing on Derrick's property where I stopped him and told him to move it and he did. Back into the wetlands on Lot-3 where they had to bring in dry soil and raise the land. Walkowski was also going to put his septic system on our lot but couldn't.
Attorney Walkowski poured his footing for his home without obtaining an approved septic approval.
With water continuing to flow across my son's lot. I asked Walkowski to stop the water or I wanted my deposit back. His reply was I spent the money already. "Don't worry, I know important people in the DEP", I'll dig a trench later on my lot 3 and divert all this the water east, over the mountain. Then he mentions he has over $150,000 coming from a lawsuit so don't worry, it will be done.
Lot-3 was a muddy mess. My $17,000 deposit is gone and I'm stuck. Kevin now tells me, if you let me build your home you wont have any problems. No Thank you, I have a builder lined up. I'm representing my son and my deposit.
By
Mary L. MacInnes
SPRINGFIELD – The Pioneer Valley Transit Authority has agreed to pay $175,000 to its former general counsel who sued under a whistle-blower statute, arguing he was fired for cooperating with the FBI when the agency was the subject of a corruption probe. The authority’s director Mary L. MacInnes confirmed on Thursday that the publicly-funded transportation agency agreed to settle with lawyer Kevin M. Walkowski three years after he sued for breach of contract and other claims.
https://www.masslive.com/news/2009/11/pvta_pays_175000_to_former_cou.html
Tom informs me on 10/20/2009 that the water which is now running across our property from Lot-3, to my son's Lot-2, was from an official State Mapped Wetland. According to Tom, this wetland was totally clear-cut of all timber over the past 2 years without permits. Lot-3 he said is a mapped Wetland by the State. Not only a State mapped wetland but it's a protected area for the Timber Rattle Snake and protected under the Massachusetts Endangered Species act. Tom said snakes, some very large were in the road, everywhere when they blasted for the road, clear-cut and bulldozed the land. Snakes went down into the valley, one guy ran one over and was taken to court by the DEP. Moose fled the area, went into the city.
Tom told me he and other neighbors had called the Natural Heritage department and the DEP with no responses. Environmental Police were also informed.
What did I do? Did I involve my son in a mess? I still have the $17,000 in cash invested, my son has a mortgage on the way and I'm held hostage.
Natural Heritage, Fish and Game, MASS served me with the Cease and Desist, telling me I have BVW. Bordering Vegetated Wetlands and will need a environmental scientist?
Tom, tells me to look on line to see the wetland maps and sure enough. Excavators are filling in that Wetland while a home's foundation was dug and installed in the Wetland. It's mapped by the state of Mass.
State officials are ignoring everything Tom explains. His home construction was moving fast then Walkowski confronted me saying "if I build your home, you wont have any troubles". Telling Walkowski I already have a builder. The State of Mass continues to monitor my every move giving me orders to conform to. Over the next 9 years, I'm prevented from building a home on 3 occasions yet they let a Russian Family build. This is a big problem. Russians can monitor every jet that's rolled on to the runway and tell how many and what direction they fly from their observation lookout. F35's are coming to Barns AFB
When Walkowski's home was half completed, he shoots a nesting pair of Killdeers, a protected bird. I asked Walkowski to stop digging in the wetland's pond, where the birds were getting food and told Walkowski the birds are protected, are nesting and wouldn't be there long.
About 2 weeks later, I find 3 spent Shotgun Shells laying in my driveway, the birds were gone. I find out years later, Walkowski had protected his assets. see next.
It was early spring, after telling Walkowski of the endangered birds, Walkowski sells his home thinking I'm turning him in to the state. It's a federal offense to kill these Migratory birds. Kevin pays $296.40 Sales tax on his $65,000 dollar sale but I couldn't find evidence of the new owner Tina M. Leone paying her new Town Property Tax. We received a Tax Bill immediately when we purchased. I don't believe Tina even knew she was the new owner of this property. I was offered the choice of Lot-2 or Lot-3 in the beginning and both were for sale for $165,000, before construction started at 227 Pitcher Street. The land $165.00 and the home almost built, worth 200,000 easy, and both sold for $65,000. Maybe I'm missing something.
With the home almost complete, Walkowski pays $100.00 dollars for a lot worth $400,000 with a home almost ready to be sold on the market. There's much more information available, no sales tax unless I missed it.
Next, It's fact, the Natural Heritage, Fish and Game Dept. orders me to delineate my sons new wetland. This is so Walkowski could make his Wetland disappear. I wasn't sure what the head of the Fish and Game was trying to do but then an employee of the F&G shows up. I write David Paulson of Natural Heritage and ask if it's ok to use his F&G employee. David Paulson of the F&G knows the real wetland is filled in, covered over. I kept him informed, "Wetlands are being filled in" I'd write in emails.
Joe from F&G delineates and finds all wetland evidence is still on Walkowski's lot 3. When Joe leaves, Walkowski pulls up the blue flags Joe placed and moves them about 50 feet so half are on my sons lot 2, half on lot 3. I tell Paulson about it and it's witnessed by my neighbor Tom. Paulson ignores the facts and tells me to have my lot surveyed by a certified surveyor as is. Paulson of the F&G instructs me to have it surveyed by a Certified Surveyor then record his work in the Hampton County Deeds, Springfield. Also, I'm told to install monuments if I want to build a home. See next page, the Wetlands.