Proposed fill law draws fire at meeting
The Daily Mail
Mar. 24, 2009

ATHENS — The Athens Town Board heard negative comments last week on a proposed revision to an ordinance requiring property owners to obtain a permit for earth removal and deposition work on their property.

Under the existing law, up to 1,000 cubic yards, or 750 tons of gravel and other fill material, can be placed on a property before a permit is required by the town. The proposed new law lowers the requirement to 500 cubic yards.

The proposed law gives the permitting decision to the town code enforcement officer. Property owners must provide the officer with topographic plans of their work sites.

April Paluch, who serves on the town’s Planning Board, urged the board to hold off on a final decision on the law.

“You are rushing this a little bit too fast,” she said.

Paluch said that the decrease in yardage was a critical flaw in the proposed law because so many small projects, including work to raise septic tanks, may just barely require more than 500 cubic yards of fill.

Virginia Smith, who works with Town Attorney Carl Whitbeck, responded that the code enforcement officer already issues permits for such projects.

Paluch argued that contractors would have to drive their fill loads to New Baltimore for a weigh-in to know how much material was going to be placed. She said that the trip to a weigh station would cost money.

She also worried that property owners might have trouble obtaining a bond.

Councilman Jack Lubera said the town’s code enforcement officer could view work plans to establish the volume of the fill area. He wondered how the code enforcement officer would establish the bond amount.

Richard Albright agreed with some of Paluch’s criticisms, saying that a simple leach-field required 500 cubic yards of material.

He argued that the code enforcement officer would be overburdened if he was required to meet property owners to discuss such small-scale projects.

“You’re putting too many restrictions on too many people,” he said.

Albright, who has held a permit under the current law since 2001, asked the town last December to take action against excavators who did not hold a permit.

Code Enforcement Officer George Holsopple said that plans regarding work on septic systems show the length, height and width of a proposed work area.

Scott Fischer, who is part of the Comprehensive Plan Committee, pointed out that the issue will be addressed by the Comprehensive Plan.

He urged the board to look at the proposal that Nan Stolzenburg of Community Planning and Environmental Associates has been paid to draft.

“I think it will address many of your concerns and it’s what other towns are doing,” he said.

Town Supervisor Albert Salvino said that the board would hold a second public hearing where more residents could voice their opinions.

“I would like to see it benefit everyone,” he said.