ZBA Meeting Report
Issue: Song Mountain Snow Making Well
Frank Hogg 12/6/01

The meeting started at 7:30 I guess, as I was a few minutes late. In attendance were Supervisor John Steger, Supervisor elect Betty Ann Pitman, councilperson Kate Edinger. Pat Snyder attorney, Doug Staley code enforcement. Barb Frier, Jim Millis, Dennis Kennedy and myself. No one from Song was there.

The issue was Song Mountain's well. Pat Snyder outlined his letter (see below) to Song (largely addressing Joe Heath's letter to Steger) and what he felt could be done. A lot of discussion occurred from all parties centered on the issuance of a stop work order. John Steger agreed to and wanted to issue a stop work order but Pat Snyder made the argument that it might not be legal to do so because it would involve the wiring of the well and he thought that was not in the town's ordinance. Everyone agreed that Song's actions and the manner in which they were doing it was wrong. Everyone also agreed that the current owner if far better than the previous one. The one key point that Pat made was that if Song tried to use the well the town could and would get an injunction that would stop it quickly, in a day or two. This was discussed at length because I was concerned, as you can see by my letter below, that once the well was connected it would be used without the precautions. Pat assured all of us that Song could not use the well and that the injunction would stop it. He said that this was, in effect, a stop work order. Pat also seemed to suggest that once Song came back with their final plans the public would have a chance to look at and comment before they were put in place. I think this is important because although the new plan is in some ways less than the old one it is different and the public needs to know how it is different and how that difference might affect them.

I feel confident that in this case we are all on the same side, an odd feeling I must say. Everyone wants Song to succeed but at the same time wants the agreement adhered too. I would hope that Song does nothing further with the hookup of the well at this time and concentrates on other areas. Because they started so late they do not have enough time to comply with all the requirements before the ski season ends. I would have liked the stop work order so we wouldn't have to monitor the well. I would suggest to Song that they put off any plans on connecting the well until they comply with the agreement. That would make for calmer times and take away the fear some have about their actions. It would be a good thing for them to do. Besides why waste time and money on that now when they can't use it. Best to leave it as it is. Hopefully, now that this is cleared up we can get on with a future with Song as a good neighbor and I hope they have a clearer understanding about our feelings on this issue.

Frank Hogg

I especially want to thank the hard work of Barb Frier and Joe Heath and other unnamed helpers in responding to this crisis. Good work all!

(The following was handed to the board and read at the meeting.)

To: Preble ZBA
Date: 12/6/01

RE: Song Mountain illegal use of the snow making well and the need to issue a stop work order.

Stop it now to guarantee compliance because not doing so would encourage non-compliance.

What's the big deal about a stop work order, my neighbor got one for a garden shed? Another for a pile of wood on his property that Staley deemed to close to the right of way and how about the stop work order for the deck at the Mountain View? A stop work order would do nothing to prevent Song from using the well when they become IN compliance and would ease the minds of all of us who are concerned about their non-compliance. Song says that they will not 'use' the well until they are in compliance so a stop work order would not hurt them.

In the year that Peter Harris & company have owned Song they have not applied for any permits and have violated their agreements with the DEC and the ZBA. They are building a pump house without a permit. I don't see what basis there is for believing that they are going to abide by any past ruling of this board. If it was their intention to abide by the agreement then why have they done nothing whatsoever to do so? Indeed the only thing they have done is to attempt to power the well. 

Even though Pat Snyder agrees that the well is not in compliance he does not think a stop work order is required. It seems that the lawyer in this case was used to give cover for inaction by the supervisor. This selective non-enforcement and enforcement of the town's laws is a key factor to the division in the town. It is used by the town's officials to punish those who do not toe the line and disagree with them. Only in a dictatorship are such practices allowed.

Steger, Staley & Snyder's conclusions are because Song has gotten away with breaking the law so far, they should be allowed to continue breaking the law. That is absurd. The fact that Song needs water is not enough reason to allow them to put us in jeopardy. The 'relatively minor wiring' referred to in Snyder's letter is all that stands in the way of illegal use of the well. There is no need to complete this wiring UNLESS Song's intention is to illegally use the well. Finishing the wiring is so minor that it would not be an impediment when they do come into compliance. The well has been extensively tested and only needs electricity to function.

We act as one. United we stand. If an outside force threatens one of us they threaten all of us. We cannot depend on the town protecting us and we have developed techniques that are very effective in protecting ourselves. If your inaction forces us into a corner than be prepared to take the blame for the consequences. It would be far better for all concerned for this board to enforce the law and issue a stop work order. When it comes to Song being a successful enterprise at our expense or going out of business our only option is clear. The decision is yours.

Summery:

A stop work order would guarantee compliance with the law.

Not issuing a stop work order would encourage breaking the law and using the well.

The best and reasonable recourse is to issue a stop work order.

Thank You

Frank Hogg