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Mrs. Scott did bring to the meeting written permission from the Chadwells, neighbors on the other side whose property is about 50 feet from the pond.
“Of course the Chadwells would go along,” Lucy Rutherford said. “They’re in the Scotts' family."
“What is the use of the pond?” BZA Chairman Lee Bird asked the Scotts.
“We just think it’s pretty." Mrs. Scott said. “It was just an old swamp.” She said they had a survey recently done, which showed that the pond was 30 feet, not three feet from the property line as the Rutherfords alleged. The surveyor’s drawings have not been delivered, she added, and she did not have them at the meeting.
Mrs. Rutherford testified that she was visiting her daughter at the time the pond was being put in and didn’t know about it. "James IScottJ came up to the lot and asked Bob to move the vehicles, which Bob did, but he did not know he was going to dig no pond," she said. "They came down and pushed out the fence.”
Mrs. Rutherford said that the septic system, which she alleged the Scotts had installed without a permit, was polluting the pond. “We have to breathe; that stinks," she said.
BZA member Butch Zindel visited the site before the hearing. He said he had not noticed an odor, but that he hadn’t gone down to the pond. “I stood by the kitchen door and looked at the pond,” he said.
Mrs. Rutherford said she was concerned that the pond, which is about nine feet deep when it is full, is a danger to her grandson. “My house, furniture, shoes, clothes, everything done molded," she added.
Mr. Bird asked about the swampy area that was there before the pond was built.
“We had a garden there." Mrs. Rutherford replied. “All the overflow is on us. It flooded my basement,” she added.
“Had the pond not been there wouldn’t you have had the same water?” Mr. Bird asked.
“There’s not enough water from the spring to fill the pond.” Mr. Zindel said.
"When we get rain the pond fills up,” Mr. Rutherford said. "He asked if I would move my car so he could go back and build a pond, cut down a locust tree,"’Mr. Rutherford said. "I moved the car so he could get in there. I didn’t know he took the fence down till the neighbors’ horses got out."
Mr. Gottleib commented, “I'm hearing that the Rutherfords, thinking the pond would be farther away, didn’t object, but now it’s a problem. Your objection is that it is a health hazard, -unsightly, and a danger to your grandson?" He wanted the Rutherfords to indicate if that summarized their view of the situation.
"The water is green in that hole, and it smells too," Mrs. Rutherford said.
Mrs. Scott came back at her request to testify again. “She says she’s got a grandchild, well we’ve got 11, and Mr. and Mrs. Chad well have one too," she said.
“I)o you find an odor?" Mr. Tokash asked her.
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