John Steger
Preble Town Supervisor
1968 Preble Road
Box 234
Preble, NY 13141

Betty Ann Pitman
Preble Town Supervisor Elect
1968 Preble Road
Box 234
Preble, NY 13141

RE:SONG MOUNTAIN'S SNOW MAKING WELL

Dear Mr. Steger and Ms. Pitman:

Enclosed please find a copy of my letter of today to the current owners of Song Mountain, which provides the history of the Town Boards' decisions on this matter from 2000 and which clearly documents that:

1. The Special Permit approved by the ZBA on June 8, 2000 has expired; and

2. Song Mountain has failed to comply with numerous conditions imposed by the Boards to protect the residential wells in the vicinity of the snow making well.

This is the same erroneous position taken by Mr. Staley in December of 1998, which was then over turned by the ZBA upon my appeal. Enclosed please find a copy of the January 23, 1999 letter from ZBA Chair Dan O'Shea and the enclosed January 20, 1999 ZBA resolution.

As a tax payer, I have to wonder why our tax dollars are being paid to a code officer who repeats old mistakes. This is particularly difficult to understand when the town appears to be so short of funds that the Town Board recently voted to save less that $1,000.00 by refusing to provide adequate ambulance protection to its northern residents.

I would call your particular attention to Findings of Fact # 2:

2. The only issue for review on this appeal is the Code Enforcement officer's determination that the water on the R1L property does not constitute a "use" of property subject to regulation by the Town's Zoning Ordinance as that determination effects the right or obligation of the Town to issue a Stop Work Order.

I would call your further attention to Conclusions of Law ## 1, 2 and 3:

1. The Code Enforcement Officer's interpretation regarding use and resulting decision not to issue a Stop Work Order is not supported by the language of the Zoning Ordinance.

2. This well is a regulated use, . . . It requires a Special Permit prior to construction or use.

3. An Order to cease and desist from using the well is appropriate and the Code Enforcement Officer is hereby directed to issue the same in accordance with this decision.
(Emphasis added.)

Therefore, I call upon you to direct Mr. Staley to immediately issue a Stop Work Order to prevent any further unauthorized construction activity or use of this snow making well until the necessary Special Permit has been issued by the ZBA.

If this Stop Work Order is not issued before this coming Thursday, December, I ask that this matter be placed upon the ZBA's agenda for their meeting that evening.

Please advise.

Sincerely yours,

Joseph J. Heath
JJH/pe
Enc.

cc:Dan O'Shea, Preble ZBA Chair
Edwina Schleider, Esq., Attorney for Dennis Kennedy
Thomas J. Lynch, Esq.
Peter Harris
Patrick M. Snyder, Esq., Attorney for Town Boards
Frank Hogg, Song Lake Property Owners Association