Town Board Asks: What constitutes a nuisance?
What constitutes a nuisance that should prompt action by the town? That’s what Town Board members are considering as they seek to streamline and clarify the Town Code.
At issue at Tuesday’s work Session was whether an existing list of what might constitute a nuisance should be enumerated or simply referred to as issues affecting health, safety and welfare.
Supervisor Gary Gerth said he couldn’t think of a matter of nuisance that wouldn’t be covered by those factors.
Further discussion was on frequency of a nuisance. Town Attorney Bob DeStefano Jr. said a single incident, such as excess noise that might occur once in a year’s time should be covered by any kind of cease and desist action. Ongoing problems are the ones that should be covered, he recommended.
Mr. DeStefano will continue to redraft his proposal for further discussion by the Town Board.
SEPTIC SYSTEM GRANTS
To date, the Water Quality Improvement Projects Advisory Committee has reviewed some 45 applications. Many have either been withdrawn by applicants or approved for grants, but only one has been paid, WQ member James Eklund told the Town Board. There are others that were granted, but few where work has begun. Several factors affected why projects haven’t gone forward, Mr. Eklund said.
• Some held off awaiting a decision on whether they would have to pay taxes on the grants, an issue that has currently been decided by payments going to contractors who would be responsible for the taxes.
• Some people ran into issues with placement of the nitrogen-reducing I/A systems that would require moving wells to create the required distance between the septic system and the well providing drinking water.
• Some raised issues of whether money could be applied to landscaping needs after installation.
There are some still pending, but applicants haven’t been heard from and the Town Board suggested sending letters telling them to indicate their intentions. Applicants can apply for extensions, but if they don’t respond, the money the committee has set aside for those grants will revert to the WQI for reallocation to other projects.
In other business: Councilman Jim Colligan told his colleagues a survey of Silver Beach Association members showed three top issues — concerns about water quality, water quantity and tick-borne diseases. Also included were concerns about helicopter noise and buildings that neighbors perceive as “mega mansions,” Mr. Colligan said.
Another issue still being addressed is noise complaints emanating from Sunset Beach Hotel. A Serpentine Drive resident has told members of a committee seeking to resolve issues there that there are “good and bad” days, with the bad incidents resulting in loud music, often late into the night.
Mr. Colligan said owners of Sunset Beach Hotel, who say they have annual engineering reports done, need to submit copies of the most recent report to the town and Fire Department that have both requested the report. The committee is also looking into whether the Sunset Beach has posted a liquor license as required by law, he said.
He also asked his colleagues to consider changes to parking in the area of Crab Creek and Bootlegger’s Alley where, he said, changing signage and some areas of parking could help to avoid accidents.
Councilman Albert Dickson suggested the town should provide for inspection when any old oil tank is excavated from the ground to ensure there’s been no leakage. But before acting to assess costs for remediation to homeowners, Councilman Paul Shepherd said he wants more information on risks of leaks and what kind of remediation might be required.
