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Thursday, January 8, 2009
 
Raven Rock residents say agreement isn't being enforced
11/21/2008 05:51 PM
By: Iris St. Meran

LEE, N.Y. -- Raven Rock Estates were supposed to be the dream homes for many of the residents, but that turned into a nightmare when a number of violations including inadequate fire walls were discovered.



Legend Developers, have a total of 116 violations including failure to submit plans and obtain approval for waste water disposal and water supply to the Oneida County Health department. In July, in a consent judgment, they agreed to fix them, but some residents now say that work has not been done and the agreement isn't being enforced.


"The language in the consent agreement is clear. I don't think it's subject to interpretation. These developers with the advice of their attorney entered into this agreement with the county. They understood the responsibilities they were voluntarily accepting. There were deadlines imposed on them for certain remedial work," said the residents' attorney Paul Longeretta.


Raven Rock residents say agreement isn't being enforced
Homeowners at Raven Rock Estates have had to live with deficiencies in their homes. The Developer agreed to fix them in a signed agreement with Oneida County Health department. The residents say these issues haven't been adequately enforced. Our Iris St. Meran has more on this ongoing battle.
That deadline was September 30th and it was then extended to October 31st. Why was it extended?



"Just because of what they had to do because they were being cooperative and meeting with us, submitting whatever we requested and because we also had a co-review of this with the state department of health. So we had to submit the whole thing to the State Department of health and they submitted their approval. This stuff just took time," said the Oneida County Health Department Attorney Brian Miga.


Some residents feel time is money and the developers should be held accountable for the violations and what they signed in the consent agreement. Neither the developers nor the attorney representing them would comment.


"My clients do not have a complaint against the Oneida County Health Department. I want to be very clear about that. All they're asking is that the county enforces this agreement that was voluntarily entered into with the developer," said Longeretta.


Miga says he understands the residents are frustrated, but the health department has done its job to oversee what it is supposed to in its jurisdiction.

"They have met their deadlines and we have reviewed everything. The conditional approval either has gone out or is about to go out. I don't anticipate that there's going to be any additional fines," Miga said "They have paid their filing fees. They've paid a $5,000 fine. And they've have spent a number of dollars in providing a series of maps until we had it right. Both the plat mat and the as built."


Miga did say one of the drainage systems has not been done, but that it's something the state health department would look over not the county. The attorney for the residents say he will continue to work with everyone involved until his clients' claims are resolved.


Other residents we spoke with say they do not currently have issues with their homes and say the developer has worked with them to address any problems. These residents say the complaints come from only a handful of those living in Raven Rock.


Moving forward, the county health department said it's going to give the developers conditional approval and the final map from the developers must be approved by the county health department and the Town of Lee planning department.







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