To the Mayor, Planning and Zoning Department, Code Enforcement Office, and N7:

On Thursday afternoon, August 21, 2008 around 3:30 pm, Mike Burnett came with an excavator and proceeded to excavate behind Hank Adams' land, near the bikepath, the wetlands, the perennial spring, and Appletree Point Stream. I called Planning and Zoning to ask if Niquette had a permit to excavate there. * (see below) It is my understanding that any excavation work, and pre-development site work, has to have a permit. Furthermore, since the excavator was in a sensitive natural area, I was very concerned. I was referred to Code Enforcement. ** (** see below)

I walked over with my camera and cell phone. Bill Niquette approached me. I asked him if he had a permit to excavate. He said he had permission from Ned Holt. In fact, he said, it was the neighbors who wanted the pool filled and he was just doing what we asked. Well the pool is at the opposite corner of the properties, so I asked Niquette if he had a permit to excavate up here? Niquette then told me to get off his land, said I was trespassing. I walked backward, cordially asked him to show me the property line and said I would be glad to step behind it. Then he asked me if I would get water for his dog, and followed me to my house while apparently Burnett continued to excavate.

This is our concern: that developers can do damage, like VonTurkovitch did when he clearcut Flynn property land above Strathmore, without erosion control, and silted up Strathmore's stormwater system. Strathmore had to pay to repair that damage. Digging holes around springs and streams can impact the hydrology of a sensitive natural area.

*When I called Planning and Zoning and asked if Niquette had permits to excavate, I was referred to Code Enforcement.

** When I called Code Enforcement, I asked to speak to Ned, but he was out in the field and I was told they had no way to contact him, which was NOT TRUE. They sent me to his voice mail, where I got the message that his mailbox was full. I called Planning and Zoning again, and they contacted Ned, who came right over and managed the situation.

Current status:

• The pool is partially filled in, a good solution to the ongoing maintenance problem (lack of any maintenance at all, stagnant water in pool, danger to children who come to catch frogs). http://dangerpool.blogspot.com/
• There are holes excavated and filled in around the property.

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1. We request that Planning and Zoning review the excavation that was done on Thursday, August 21, 2008 to determine what was done, and bring it under review for an after-the-fact permit. If this is a violation of ordinance or code, we request appropriate fines and an order to STOP.
2. We request that before any future excavation is done, the developer present a plan for pre-development site work to Planning and Zoning for review, and that the plan be made available for public comment and review by neighboring property owners whose land is potentially impacted by any alteration in the hydrology of the area.
3. We request clarification of the above issues to prevent future confrontation, run-around, or misunderstanding.

Special thanks to a diligent "neighborhood watch" group that calls 658-1908 whenever there is activity on the Wick or Adams property.

Respectfully submitted, Lea Terhune, Chuck Seleen
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Finally, the pool is filled. Everyone in the neighborhood could hear the racket, and the phone rang all afternoon.

Stagnant water in the pool. Pump not working.

FINDINGS, CONCLUSIONS & ORDER

Based on the above factual findings and legal conclusions, the Board hereby reverses the Code Enforcement Office's actions accepting as compliant the vacant building application and waiving the permit fees for 2 Appletree Point Lane.

On the application, the Ordinance requires the enforcement agency to obtain a building standards maintenance plan as part of the application. This case is remanded to the Code Enforcement Office so that it can take the appropriate action with the Owners to obtain this plan., The plan can address activities that will span more than just the current period to take into account prolonged vacancy but if the plan is to apply to more than the current permit period it must detail the actions that will be taken to address seasonal conditions and continuing maintenance throughout the vacancy. The plan must have the specificity, i.e. schedules, to ensure that the property is being managed maintained proactively by the owner and not just in response to complaints or inquiries by the enforcement agency.

On the fee, the Ordinance required and requires that the fee not be waived. This case is remanded to the Code Enforcement Office for it to inform the Owners that they owe vacant building permit fees for each of the quarterly periods that they have owned this property, starting with the period beginning January 1, 2007. The board calculates the number of quarters for which the fee is owed to be 8, including the quarter that began on July 1, 2008.

Approved this 14 day of August, 2008
Burlington Board of Appeals -- Public Works Commission
By: Robert Alberry, Duly Authorized.

PUMP STILL NOT FUNCTIONING, EQUIPMENT NOT MAINTAINED

Pump not plugged in.

"New" cover partially submerged. Stagnant water collected in bottom of pool. Dangerous, and unhealthy. Mosquitoes develop from egg to adult in 5 days. Violation of Municipal Code which requires that pool equipment be maintained.

Request that the Board of Health review their opinion that no action is needed regarding DRAINING the abandoned swimming pool at 2 Appletree Point Lane. Board was not given correct information. The problem is NOT solved. Token action was taken after the appeal was filed, but the same situation exists today.

History: Appeal was heard, no action taken because Code Enforcement Director testified that the problem was solved by property owner placing an automatic sump pump in the pool. Another black plastic cover was put on the pool, with the same cinder blocks placed on corners to hold the cover in place. A few days later it rained, and the cover fell into the pool. The plastic cover is partially submerged in the deep end, under the diving board. There appears to be a pump at that end, and there is a hose that comes out of the pool there.

An appeal to the Board of Health was not acted on because the Code Enforcement Director told the Board that the problem had been solved. IT IS NOT! We have had a lot of rain, and it is collecting in the pool. A recent article in the newspaper said abandoned pools are a major health risk, and mosquitoes develop from egg to adult in 5 days.

DEAD TREE LIMBS REMOVAL NOT

According to CE director, property owner would be clearing dead tree limbs off the yard around the house in July. The grass has been cut three times since appeal was filed. Tree limbs are still there, creating a fire hazard next to our property. Many large old pine and locust trees endangered, as well as our home. CE Director was seen here recently, so she is aware of this and still the deadline passed with no action.