CHARLESTON, W.Va. -- Completion of the Jamestown Subdivision is still up in the air, as Charleston's Municipal Planning Commission denied Wednesday a developer's request for preliminary and final plat approval, as well as a revision to its fourth phase.
Developer George Nielan, represented by JB Akers of Akers Law Offices in Charleston, submitted a proposal to create a Phase 4A, which would include nine lots that sit below a sanitary sewer line that has, in part, held up final plat approval.
"Frankly, we reached, at this stage at least, an unfortunate loggerheads of sanitary sewer issues beyond these nine lots you're looking at today," Akers told the commission. "What the developer is trying to do is say that these more substantial issues that we just can't seem to reach an agreement on, we'd like to try to get those resolved at a later time."
The sewer line in question is located at the top of Boulder Drive, beneath a curve in the road. Nielan and the Charleston Sanitary Board have been in mediation with the Public Service Commission in order to resolve several issues between the two parties.
The CSB's concern is the potentially negative effects the pipe's depth could have on the repair process should the line ever break. The CSB would be responsible for those repairs, said Grant Shuman, of Spilman, Thomas and Battle -- the law firm representing the CSB.
Akers argued the initial survey of the property was inaccurate and that the depth of fill over top of the line is only about 2 feet, not 7 to 9 feet as suggested by the CSB. Akers also asserted the alternate mainline extension agreement -- a set of requirements for extending sanitary sewer lines -- only applies to new construction.
"That would be a substantial developer fix, to have to go and tear that road out and regrate it," Akers said.
The CSB asserted the sanitary sewers on the property don't meet the requirements of the agreement that was established in 2005.
CSB Operations Manager Tim Haapala told the commission Wednesday its requirements for compliance have been communicated to Nielan, his engineer and attorneys several times over the years.
"In January of 2014, it's still not complete," Haapala said.
There were also concerns that adding nine customers to the current sanitary sewer line might cause flow prroblems, according to Haapala
Commissioner Rod Blackstone asked Shuman to hypothetically disregard its history with Nielan when considering the situation.