Local residents are concerned the Saratoga zoning laws are not being enforced.
At the May 13 meeting, Saratoga resident Andy Van Tol complained to members of the Saratoga Planning Commission, saying his neighbor, Royce Kelley, has yet to stop operations on his property after being issued a cease and desist by the town.
“I just wanted to encourage the planning commission to apply and enforce the zoning laws equally for everyone in Saratoga,” Van Tol said.
The feud between Kelley and Van Tol started in 2012, when Van Tol said Kelley was cutting and selling firewood on his property. Van Tol said in the Dec. 19, 2012 edition of the Saratoga Sun, Kelley was running an “industrial-type operation” which was “very, very noisy and very irritating.”
Kelley has denied all accusations of selling wood for profit, but has questioned Van Tol’s computer-based work from his home.
The planning commission has been working on an ordinance to clarify home-occupation regulations within town limits. The ordinance has yet to go to the town council.
At the May 13 meeting, Van Tol provided the planning commission with YouTube videos depicting Kelley’s pickup allegedly moving milled-wood to and from his property. The videos also show use of semi-trailers and loaders on Kelley’s property. Additionally, Van Tol accused Kelley of disposing his scrap wood pieces into a pond, along with building and selling a manufactured home on his property.
Kelley has since been issued a cease and desist letter, ordering him to halt any activities, outside of the building permits, on his property.
Kelley said he has done nothing wrong, and every building on the property has a permit or the correct paperwork.
“I have not sold one stick of wood, and I would like to see your evidence since I did receive a letter saying I did break the law,” Kelley said.
Saying he is being continually accused of “lying”, Kelley said the planning commission does not have sufficient evidence for a cease and desist.
“I don’t like being called a liar at these meetings, I have not yet been found guilty of any of these violations,” Kelley said. “Yet [Van Tol] is running an illegal business and never gets a cease of assist.”
The conversation continued to get heated as Kelley (accused) the planning commission of doing an inadequate job. He said the board has spent several years coming after him and his property, and has yet to pass anything to the town council.
“Two-and-a-half years, you have wasted the taxpayers money in this building, trying to shut down Royce Kelley, because a snowbird comes back for four months and files complaints,” Kelley said, referring to Van Tol. “Now if a tourist can take this community down, that’s pretty sad.”
Board member Chris Shannon said the role of the planning commission is not to take direct action on a cease and desist order, but to file complaints to the enforcement agent.
“I suppose it is the function of this board to take note of violations, and request enforcement,” Shannon said. “But other than that, you know, we are not the enforcement agent.”
Saratoga Town Engineer Chuck Bartlett is the enforcement officer. Coming to Kelley’s aid, board member Steve Wilcoxson said the planning commission has no right to issue Kelley a cease and desist order for lack of proof.
“Unless there is proof that this is being sold, these are just allegations,” board member Steve Wilcoxson said.
Wilcoxson added Kelley providing firewood to others is no different than selling a car off one’s property. Several board members disagreed, arguing anything done on one’s property for gain is against the home-occupation zoning code.
The planning commission did not take any action on the matter, as Chairman Rory Grubb said it was a matter for another meeting.
After numerous months discussing bylaws, board members discussed a potential workshop to hash out changes. The amendment of bylaws has plagued the planning commission, as they continue to ratify the same changes continuously.
“We just keep kicking the same can up and down the hill,” board member Bob Thrasher said. “We are re-discussing things from when people weren’t here.”
The board agreed they are not close to a final draft of the bylaws.
“It’s not getting done, obviously,” Shannon added.
The next meeting will take place at 5:30 p.m. on June 10 at Saratoga Town Hall.
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