Thomas J. Lynch, Esq.
2700 Bellevue Avenue
Syracuse, NY 13219

RE:SONG MOUNTAIN'S SNOW MAKING WELL

Dear Tom:

After receiving dozens of telephone calls from my Song Lake neighbors over the past few days and over this week end, I have reviewed my old files on this matter to refresh my memory of the conditions imposed by the Town of Preble Planning Board and Zoning Board of Appeals relative to Song's snow making well on the residential lake side zoned lot.

Enclosed herewith please find copies of the June 8, 2000 Resolution of the ZBA, which I have previously faxed to you, and the Planning Board's late May, 2000 Resolution and "Site Plan Conditions".

After reviewing these document together, it is clear that Song Mountain has no permit to be operating this snow making well and that any attempt to pump any amount of water therefrom is illegal and in violation of the town's zoning laws and the Town Boards' 2000 rulings.

The Special Permit to operate this snow making well was granted by the ZBA in its June 8, 2000 Resolution. However, this Special Permit has expired and it no longer valid. The introductory paragraph of the ZBA Resolution clearly states that: "This approval [for a snow making well] . . . is subject to the conditions imposed by the Town of Preble Planning Board and the following conditions."

The Planning Board's "Site Plan Conditions For ... Snowmaking Well" clearly state, in Condition # 5, that: "The permitee shall complete the project within one year of the date of approval." Since this snow making well project was not completed by June 8, 2001 (the one year anniversary of the ZBA approval), the Special Permit has expired.

Therefore, since the special permit has expired and your do not intend to follow the site plan that was prepared by C & S Engineers on May 5, 200 and approved in Condition # 1 of the Planning Board's Site Plan Conditions, a new site plan should be submitted and approved.

Further, even if the Special Permit had not expired, the snow making well could not be operated in any manner until and unless all of the conditions imposed by both boards have been met.

To date, Song Mountain has not met Conditions # 1, 2, 3, and 8 of the Planning Board's Site Plan Conditions; and you have not met Conditions # 1, 7, and 8 of the ZBA's June 8, 2000 Resolution.

Also enclosed please find a copy of the October 12, 1999 letter from DEC Regional Director Ken Lynch to counsel for the former owners of Song Mountain. My neighbors have informed me that Song has done extensive work on both the upper and lower dams, which we believe has not been properly authorized by the DEC.

All that we have ever asked of any of the various owners of Song Mountain is that you follow the town's zoning code and rulings, and all state laws. If you can assure us that you will, from this point forward, comply with all matters raised in this letter, then everyone can relax and no further Board actions will be necessary.

Unfortunately, we have experienced previous owners who have ignored our pleas for lawful compliance and engaged in rushed, week end work that is not authorized and we have found that we have had to be extremely vigilant and use every available avenue to stop such illegalities. I have assured my neighbors that you and the other new owners will be operating in a better manner. However, the events of the past week have caused great concern among my neighbors.

This letter and its enclosures are being sent as a courtesy because I have some concern that the previous owners may not have met their obligations to fully inform you of these rulings, conditions and resolutions. If you think that my interpretations above are incorrect, please advise.

Sincerely yours,

Joseph J. Heath
JJH/pe

Enc.

cc:Edwina Schleider, Esq., Attorney for Dennis Kennedy
Peter Harris
Patrick M. Snyder, Esq., Attorney for Town Boards
Frank Hogg, Song Lake Property Owners Association
Dan O'Shea, Preble ZBA Chair
John Steger, Preble Town Supervisor
Betty Ann Pitman, Preble Town Supervisor Elect