CHARLESTON, W.Va. -- Some may have thought the seven-year saga of Jamestown subdivision's latest phase reached its final chapter when developer George Neilan's permit expired at the end of last year.
But Neilan isn't giving up. He installed concrete curbs last month, and laid down a base coat of asphalt on the road through the subdivision's phase 4.
He met with city Planning Director Dan Vriendt and tried to resolve a lingering dispute about sewers in an informal meeting at the state Public Service Commission.
When that effort failed, Neilan filed a formal complaint against the Charleston Sanitary Board with the PSC.
Neilan, his lawyer and engineer and the sanitary board have been squabbling for months over the sanitary sewer lines he installed to serve the two dozen homes planned for the latest addition to Jamestown.
In particular, Sanitary Board folks say Neilan buried two sections of sewer pipe up to 10 feet deeper than originally planned. Unless the board approves the sewer system, Neilan can't get permission from the city to sell home sites.
Larry Roller, general manager of the Sanitary Board, said the board is simply trying to get Neilan to follow the sewer plan he signed back in 2005, when the Municipal Planning Commission first issued his permit -- called a preliminary plat plan -- for phase 4.
PSC rules and regulations provide two methods for extending sewer lines, Roller said: "A mainline extension, which is what we do, or, for developers, an alternate mainline extension."
In an alternate extension, the developer installs the sewers according to Sanitary Board standards. After testing and inspecting, the board signs off on the project and adopts the sewers into its system.
"In this case the PSC did approve, in a formal case, the alternate mainline extension [plan]," Roller said. "The only thing we have done is ask him to follow the agreement he approved. He hasn't done that. We are not going to accept lines that are not part of the agreement."
Roller said he and operations manager Tim Haapala<co > met with Neilan and PSC staff a few weeks ago, but could not resolve the dispute.
At about the same time, Neilan met with Vriendt, the city planner.
"He was wanting to explore his options in maybe trying to get some partial approvals," Vriendt said. "He was looking to get final approval for lots that had sewer access. But the [planning] commission has never approved anything like that. It's all or nothing.
"Theoretically you could get approval for all but one lot and just walk away" from the problem lot.