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Dr. Martin M. Haas, whose year-old application for a permit to excavate a lake and mine 24 acres of clay off Campbell Boulevard is still hanging, Tuesday came before the Town Board with new plans for the site.

Haas said he will work with real estate developer Donald Enderby who will oversee the excavation and later build 62 houses around the lake on Haas' near 100 acres.

After a rash of clay-mining applications last year, the Town Board adopted a strict local ordinance limiting the size of excavations and setting a $5,000 fee plus an additional per-acre fee for excavation permits.

Donald Walck was able to start excavating a 23-acre pond on Lockport Road without coming under the new law because he had filed plans before the law was adopted.

Haas, who filed about the same time, has argued that he, too, should be exempt from it.

The town and Haas have yet to reach an agreement on the original permit application, but Haas contends that Town Prosecuting Attorney Paul Burka believes that Haas should be grandfathered and allowed to excavate under old ordinances.

Town Attorney Robert Pusateri said that he is still not convinced that Haas' original application was properly done.

The board Tuesday told Enderby that he must have a letter from Burka stating that the excavation is permitted under the old ordinance.

The fee under the old ordinance for pond permits is $50.

The Town Board also told Enderby that when Walck was given permission to excavate he made several concessions, including paying the $5,000 permit fee.

Haas has said that he would make a profit of more than $1.6 million from his excavation.

Enderby said, "Assuming the excavation is allowed (under the old ordinance) we would be willing to keep the roads clean, keep a low profile and figure out all the drainage. We feel this project would be beneficial to the town and are willing to make it meet all the requirements."

In another excavation-related matter, Jerome Hruby of 4665 Beach Ridge Road presented plans for a 1/2 -acre pond on 22 acres for the purpose of irrigation and fishing, but was told that he is subject to the new excavation law requiring a $5,000 permit fee.

The town attorney and town engineer said Hruby may be allowed some leeway because of the size of the pond and the fact that no soil will be removed from the site. They will present a recommendation to the board at a special meeting at 7:30 p.m. June 13.

The board will have a public hearing June 13 on a change in issuing public improvement permits. The board also learned that the town is entitled to more than $380,000 in federal reimbursements associated with cost overruns in the construction of county Sewer District 1.

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