SPRINGFIELD- Due to a recent letter from Brookfield owner, Bill Miller, the Springfield planning board will request that town attorney Mike Trosset determine the extent of alleged violations of local law number three by some businesses along the lake.

After receiving site plan approval for his Brookfield project after more than a year of review by the planning board, Miller stated he noticed other properties with violations.

"I understand that Local Law #3 is applicable to all property owners, not just those with new projects pending before the planning board. Specifically, I bring to your attention once again the following violations: Aalsmeer Cabins- multiple docks, 75 foot violation; Bayside Marina- multiple docks, 75 foot violation and Lake-N-Pines multiple docks, 75 foot violation, dock projects across the projected lot lines."

Last Thursday, he questioned what action the board would take.

"I guess the point that I would like to make - we've spent the last year going through [Brookfield's] application. It's clear that there are a number of people or a number of violations that exist and have for some period of time. And I guess my question is this, is this the board, is the place where things get enforced, or is this something that is a loophole that exists in the town's bureaucracy that there is no enforcement?" Miller asked.

He also added that numerous residential property owners are also in violation of dock length requirements and objects (boats, rafts) moored well beyond the 75-foot distance."

"I think that's got to be addressed," said board member Bill Harman. "Now we need to talk to Mr. Trosset. Those folks are in violation, even though those businesses have been operating for forty years."

Harman explained that in the original land use legislation of which local law number three was extracted from, grand-fathering wordage was included. However, it was left out when the local law number three was actually adopted.

"For years we have gone along under the assumption that information still held, because we were going along with what the intent of the law was originally," said Harman. "Two months ago now we voted that we were going to do exactly what the law says and not do anything about intent. That' s the way you voted."

Miller questioned whether docks would fall under grand-fathering clauses the way houses or septic systems might be because the docks come in and out every year.

Harman stated that the board would need a legal interpretation because of potential complications. Docks need permits through the Department of Environmental Conservation and he didn't feel that many business owners or home owners around the lake have obtained permits.

"There is a lot of stuff at the state level which hasn't been enforced here in the past. So this is going to open quite a ball of worms," said Harman.

Miller notified the board that Brookfield's neighbor, the Lake-N-Pines Motel, has a dock that crosses Brookfield's property line.

"This dock is installed in such a manner that it projects northerly well beyond the projected southerly Brookfield lot line," Miller stated. "Currently, due to the Lake-N-Pines dock location, if I were to install [a swim area] perimeter line, it would literally pass beneath the Lake N-Pines dock. To rectify the situation, Lake-N-Pines (and all other violators) should be required to remove all but one of their docks. Lake-N-Pines must move the northern dock far enough south so when the Brookfield perimeter swim line is installed (it will be installed just inside the projected lot lines) the boat operators utilizing the Lake-N-Pines boat slips will have ample maneuvering room without endangering any swimmers within the Brookfield swim area."

Morris and Harman both agreed about the significance of Miller's point.

"That certainly is a problem," Harman said.

Miller also stated his concern over the degradation of Brookfield's potable water since it's pick up point is near the Lake-N-Pines dock.

In other news, the board:

• passed a motion to ask Trosset about defining rentals and residences among homes and camps in the area.

Because of the presence of homes advertising on the internet for rentals, the board held discussions on how they would legally be defined.

• voted to approve June Barwick's proposed country and antique store, Twenty 20, which is located on Rte. 20, just east of Cty. Rte. 31 in East Springfield.

The second floor of the building will be used as an apartment and storage area.

"I'm doing the same thing they did there before," said Barwick recently. However, she stated she will not be providing any food preparation services which would have required her to have running water within the store.