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Thread: The Mall

  1. #121
    Quote Originally Posted by Hawk View Post
    Couple of things. I don't think you can lawyer up and sue the state for the inability to build because they told you your are non-compliant. I am not a lawyer but I think I remember that there are provisions holding the government harmless in lawsuits of this nature. Also you can always hunt around and get a lone. There will be a bank that will not dig into the past to find out if the building is compliant. You may just have to pay a higher interest rate. Also Act 250 has evolved over the years with amendments I believe and the enforcement standards have gotten more strict with time. Another thing is that Sugarbush has been working with the state to get the brooks around the resort off that list of polluted waterways. Win mention that one of them just came off. it might be this very one so the reviewers are going to be aware of that rating and won't want to do anything to degrade that.

    Lastly I am not going to lump this whole thing and throw it up as a "Treehugger" issue. These are State laws brought on by years of development abuse to the lands and waterways. For the record the condo owners and their association at mountainside knew there were serious issues with the fire places, fire alarm systems and the flues in the buildings. They have chose for years to put off any repairs because they did not want to spend the money. I have friends that sold and moved because of this very reason. I feel sorry for the individual owners but this should have been address years ago. For the record all the other buildings in that complex have the same issues and can not run any fireplaces until the issues are fixed. That association is the main reason that Town of Warren wanted the crazy ordinance for fireplaces and fire alarm.

    My association and it's owners paid thousands to replace flues, fireplaces, fire alarm and get all the inspections and approvals associated. If they had been on top of all this, we would not be having this conversation.
    what happened with that proposal by the town of warren for fireplaces?

  2. #122
    Quote Originally Posted by cdskier View Post
    That's part of one of the points I was getting at...that the rules don't apply to everyone and enforcement seems to vary over time. ACT 250 existed prior to Mountainside being built in the first place, yet back in the late 70s Mountainside was granted ACT 250 approval even though at the time it was already in non-compliance with ACT 250.
    I can't comment on what the rules were back when mountainside was built 40 years ago. However, I doubt there was a 50 foot setback rule, when they were permitted to build 3 feet from the brook. also, while I'm not an environmental engineer, it seems to me fairly obvious that siting a building within 3-4 feet of the brook is a bad idea. like Hawk said, they should try and get a variance to build it 20 feet or so from the brook with some mitigating earth work. Seems to me, one could make a reasonable argument for that, whereas basically siting the building in the brook is a non starter.

  3. #123
    Quote Originally Posted by HowieT2 View Post
    what happened with that proposal by the town of warren for fireplaces?
    Last update I saw said it was being split into 2 separate ordinances and would be further revised and discussed:
    http://www.valleyreporter.com/index....-no-burn-order

    And back to the Mountainside ACT 250 issue...this was an interesting article in the VR with comments from the MRV Planning District:
    http://www.valleyreporter.com/index....t-250-decision

  4. #124
    Quote Originally Posted by Hawk View Post
    Couple of things. I don't think you can lawyer up and sue the state for the inability to build because they told you your are non-compliant. I am not a lawyer but I think I remember that there are provisions holding the government harmless in lawsuits of this nature. Also you can always hunt around and get a lone. There will be a bank that will not dig into the past to find out if the building is compliant. You may just have to pay a higher interest rate. Also Act 250 has evolved over the years with amendments I believe and the enforcement standards have gotten more strict with time. Another thing is that Sugarbush has been working with the state to get the brooks around the resort off that list of polluted waterways. Win mention that one of them just came off. it might be this very one so the reviewers are going to be aware of that rating and won't want to do anything to degrade that.

    Lastly I am not going to lump this whole thing and throw it up as a "Treehugger" issue. These are State laws brought on by years of development abuse to the lands and waterways. For the record the condo owners and their association at mountainside knew there were serious issues with the fire places, fire alarm systems and the flues in the buildings. They have chose for years to put off any repairs because they did not want to spend the money. I have friends that sold and moved because of this very reason. I feel sorry for the individual owners but this should have been address years ago. For the record all the other buildings in that complex have the same issues and can not run any fireplaces until the issues are fixed. That association is the main reason that Town of Warren wanted the crazy ordinance for fireplaces and fire alarm.

    My association and it's owners paid thousands to replace flues, fireplaces, fire alarm and get all the inspections and approvals associated. If they had been on top of all this, we would not be having this conversation.
    I'm not a lawyer but i am certain you can sue for pretty much anything. If I owned a place there - i would certainly be looking at what my legal options are. The building could have been destroyed by an avalanche - how it was destroyed has nothing to do with it. It was destroy and it should be rebuilt. Lastly - have you tried to get a mortgage lately? I have a perfect credit score and i can tell you first hand - loans these days are not what they were 10 years ago. Banks need to be sure they will be left whole - if you default on your mortgage or if the property is destroyed - the bank will need to know it will be paid.

  5. #125
    Quote Originally Posted by djd66 View Post
    I'm not a lawyer but i am certain you can sue for pretty much anything. If I owned a place there - i would certainly be looking at what my legal options are. The building could have been destroyed by an avalanche - how it was destroyed has nothing to do with it. It was destroy and it should be rebuilt. Lastly - have you tried to get a mortgage lately? I have a perfect credit score and i can tell you first hand - loans these days are not what they were 10 years ago. Banks need to be sure they will be left whole - if you default on your mortgage or if the property is destroyed - the bank will need to know it will be paid.
    I am a lawyer and can tell you unequivocally that you can sue for anything. It is a right guaranteed by the constitution. However, winning said lawsuit is a different matter. Governmental entities have what is known as sovereign immunity. They can't be held liable unless there is an exception to same. There are plenty of exceptions, but I doubt this would be one of them. Although, there is a "hot" issue right now as to whether a requlation like this one where it reduces the value of private property, constitutes a "taking" by the government and as such, entitles the owner to compensation for its loss.


  6. #126
    I'm thinking of getting some t-shirts made up,... Ski Condos Matter

  7. #127
    Quote Originally Posted by djd66 View Post
    I'm thinking of getting some t-shirts made up,... Ski Condos Matter
    We Are Mountainside?

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