August 23, 2008



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.

  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.