Stipulations are being placed on Samayam LLC, the company that owns Pinecrest Marina, for the site work being on their boat storage/repair facility grounds across Route 507 from the marina. Samayam LLC, owned by Sam Shahar, is under a preliminary conjunction filed March 2nd by Palmyra Township (Pike).
CORRECTION: In the "Marina must finish by June 30th" article that appeared in The News Eagle on Saturday, April 21st comments were attributed to Stephanie Baur and Stephanie Bauer. Those comments made at the April 17th Palmyra Township meeting should have been attributed to Stephanie Zagwoski. We apologize for the error and any inconvenience that it may have caused.
PALMYRA TWP. (Pike) - Stipulations are being placed on Samayam LLC, the company that owns Pinecrest Marina, for the site work being on their boat storage/repair facility grounds across Route 507 from the marina. Samayam LLC, owned by Sam Shahar, is under a preliminary conjunction filed March 2nd by Palmyra Township (Pike). The project, under watchful eyes by both the township and affected neighbors, must be done by June 30, 2018.
The matter was discussed again at the April 17th supervisors’ meeting. Stipulations were to be entered at a court hearing the next day.
Alternate Solicitor Tony Magnotta, said the complaint was filed because of five items that had not met compliance under the developer’s agreement reached by the township in 2017 as part of the Land Development Plan.
The first was that they were to provide a state Highway Occupancy Permit (H.O.P.) for the road to the business, as well as for the residential portion of the property. Since the complaint was filed, Samayam did get the temporary construction permit for the commercial access, and a condition permit for the residential driveway.
Secondly, they needed a letter of credit for the completion of the storm water detention basis. The developer’s engineer has since sent an estimate and an approved letter of credit was provided by The Dime Bank.
Another other issue regarded the sewage planning module. A permit was issued by the Sewage Enforcement Officer for a temporary portable toilet (for use by the two boat shop employees only). Once that is taken out by Nov. 1, 2018, a sewage plan would be needed before any permit was issued in 2019.
The residential road can’t be used as a commercial access. The neighbor, Stephanie Zagowski, said there was commercial activity on the road, Magnotta related. One exception would be allowed, that the employees may use their cars to gain access until the commercial access road is completed.
The only other item that had not met compliance was that the developer needs to provide the township with a reasonable timetable for completing storm water improvements.
“I understand that they are committed to doing that right away,” Magnotta said, “But I don’t think it is inappropriate for the township to suggest… that we have a deadline of June 30, 2018…” By that time the commercial access and storm water retention basin must be finished.
Supervisor Eric Ehrhardt said that the roadway has to be completed before any “anything commercial comes down or up.” Now that they have the sewage approval they can work at the shop, but they cannot move boats or docks in or out.
Baur described a wooden ramp that was installed as a “boardwalk” and she quipped that she felt like she was living at the sea side.
Attorney Anthony Waldron, who represents Samayam (and thus is recusing himself as township solicitor in this matter), said that the wooden ramp was put in on a temporary basis because the ground near the entrance was too wet for the contractor, for larger vehicles.
Supervisor Ken Coutts asked what was the recourse if the developer let the contractor use the residential drive, after the stipulations were put in the court order. Magnotta said the township could file contempt of court. Pickup trucks and other residential the vehicles are allowed, but no tractors, forklifts, backhoes, trailers or boats.
Ehrhardt stressed that the developer cannot bring the boats that were taken up there last year, back down the hill until the commercial access is done. “He can’t put a boat in the water- all those boats in by May 15… till he gets the road done,” he said.
Zagowski said Samayam has used the property for “three years” without proper sewage. She questioned if the pressure treated wood ramp was safe. Coutts said that is Shahar’s concern, but it wasn’t illegal.
Waldron said that he told Zagowski that one boat would be taken down so they could do some preliminary work at the marina. The trailer went back up to be repaired, but he said as far as he knows, there have not been any other boats taken down. A couple small boats had been taken down on the commercial road but it was too wet.
Excavators said it would take four to six weeks to complete the retention basin, so if the road is done by early May, they had most of two months to finish, Waldron said.
In summary, Magnotta said that the township’s stipulations that would be placed in the court order are in respect to the timetable, the sewage, road construction and storm water retention basin and that the residential drive could be used for commercial use. “June 30 is the drop dead date,” Magnotta said.
The supervisors unanimously approved the stipulations.