PATA History Pages

Snag over permit stops Pickerington housing project

From the Columbus Dispatch 1/17/04

Snag over permit stops Pickerington housing project
State EPA hasn’t signed off on sewer plans
Saturday, January 17, 2004
Debbie Gebolys
THE COLUMBUS DISPATCH

A permit for a Pickerington condominium project apparently fell through the cracks of the development process, potentially jeopardizing the sale of 52 homes.
Plans for Bercley Cottages on Hill had received approval from Pickerington officials nearly two years ago. The city issued occupancy permits for parts of the development on Rt. 256 and turned on water to the site about nine months ago.
But when an Ohio Environmental Protection Agency official visited the site last fall and discovered that Gallery Properties LLC hadn’t sought a sewer permit, the development was effectively shut down.
"Things were absolutely, 100 percent fine," said developer Larry Rosen. "It was signed off. It was OK by the city of Pickerington standards."
That changed on Dec. 22, when the state EPA notified Rosen and his partner George Berardi that Bercley required a permit for its sanitary-sewer system. Two days later, Gallery Properties provided the same information that Pickerington officials had approved. The EPA, however, found the plans substandard.
Without an EPA permit, Pickerington faced its own troubles over the condo project. If the city continued to provide water to the sales office and unoccupied condos, it could face fines.
So on Jan. 7, Pickerington officials told Gallery that the water would be shut off Jan. 9 "because I didn’t have this permit that I never knew I needed," Rosen said.
It wasn’t Pickerington’s job to tell Gallery about state EPA requirements, said city spokesman Jeff Kraus. "Because of the size of the project, there was some question if the permit was required, and the Ohio EPA said it was," he said.
Until the state EPA issues a permit, Pickerington will withhold water and required occupancy permits.
Bercley Cottages, still under construction, requires water at a sales office. Three condos are under contract for sale within 30 days. No one has moved in.
Rosen and Berardi appealed to Pickerington officials, asking to turn water back on while they worked out the problem with the state EPA. They were turned down.
"We feel it’s unfair to have someone to come considerably after the fact to make adjustments without prior notification," Berardi said.
In a proposal to the state EPA, Gallery would add manholes at several locations in hopes of satisfying state officials. The change would require tearing up roads and curbs and cost tens of thousands of dollars, Rosen said.
The two-bedroom, ranch-style condos with attached garages are priced in the $140,000 to $150,000 range on nearly 10 acres along Pickerington’s mostheavily traveled street.
Sewer permits are required for all residential projects, Ohio EPA spokesman Jim Leach said. Developers are supposed to know that.
"I really just want to have this problem go away," Rosen said. "I don’t think we did anything wrong, but we will comply if we did."
dgebolys@dispatch.com


View the entire article at http://www.dispatch.com/news-story.php?story=dispatch/2004/01/17/20040117-D4-00.html

Are the (3) pending Fairfield County Court cases relevant?

Do they deal with improper City Officials actions in zoning?

Do they deal with City & Developer stalls and delays with legal issues over public welfare?

Is there more to the story than the whining of a developer and how permits to install are issued?

Links

Snag over permit stops Pickerington housing project
Fairfield County Courts - Case #1
Fairfield County Courts - Case #2
Fairfield County Courts - Case #3