"Village code 115-3 states that «no work shall be performed or commenced for the filling, excavating or grading of land within the Village, except preliminary surveying and engineering, unless a fill, excavation and grading permit therefore has been issued by the Village Building Inspector."
It also says "the placement of not more than 50 cubic yards of fill material that, when placed, will not exceed the contour changes stated in subsection C(2) above nor adversely impact trees having a trunk circumference greater than 10 inches, measured at a point of four-feet-six-inches above ground level."
According to the lawsuit application, qualified experts have raised concerns about the potential harm to Leeds Pond caused by the substantial fill. The lawsuit alleges that the BZA failed to consider its statutory obligation to assess the environmental impact of the application, despite New York State's Village Law mandating such consideration.
"The dry wells do not meet DEC standards," said said Frank Piccininni, an environmental professional with 20 years of experience, "More importantly, the submerged dry wells clearly will not function as intended. The applicant and owners should remove the dry wells and all landfill from the property restoring the original pre-construction natural contours and topography."
