May 5, 2009

Dear Mayor Gunderson,

In the easement that the Zwigards obtained from the Village

of Aurora they explicitly agreed “to restore the property to
its condition prior to any disturbance from construction,
operation, maintenance, repair or replacement of the
installed piping and lines.”

Several weeks ago, I contacted the DEC regarding the pipes

floating in the lake, and was told that it is a matter to take
up with my local Code Enforcement Officer. But as you
know, at present I am - unlawfully - not being allowed to do
so. Therefore, I am referring that portion of the matter to
you, as well.

If the construction portion of the project affecting village

land has been completed, I believe the restoration of that
land should be done promptly and not in a vague “due
time”. To leave the site restoration so open ended is not fair
to the other residents of the village, as it has already been
six months since the “one day” project began.

As of May 5, 2009, the park land is now nothing but rocks

and dirt. It has not been leveled or replanted. In addition,
the stone wall has been either destroyed or buried under a
large load of boulders and rubble. In order to restore village
property to “its condition prior to any disturbance from
construction”, those rocks must be removed.

“Due time” is not any kind of useful answer to the question

that I posed to you. While you may believe the public park
to be “safe and accessible to the public”, the place is still a
mess and an eyesore. I would like to hear from you when
you will exercise your duty as mayor to see that it is restored
to its condition prior to the construction, as promised by the
Zwigards.
You may have your own subjective opinion of the character
of the Zwigards. Mine is altogether different. But that should
not enter into this. It is not what this matter is about. Any
person, whether “intelligent, reasonable, and responsible” or
not, should be expected and required to honor a legal
agreement they have made with this village. The Zwigards
have failed to do this.

The size and trendy nature of their project should also be

irrelevant. The Zwigards were granted a particular
easement from the village. Nothing that they are doing
should make them exempt from honoring their agreement
and allow them to so seriously detract from other residents’
enjoyment of the public area.

This excessive accommodation of the Zwigards by village

government is another example of the disturbing and
ongoing division in Aurora, where certain people receive
special treatment.

My question to you remains the same. How much longer will

the village allow this apparently abandoned project to litter
the lake and village right of way?

Laura Holland

From: Tom Gunderson [mailto:tomg@wells.edu]

Sent: Thursday, April 30, 2009 6:52 PM
To: Laura Holland
Subject: Re: Zwigard Geothermal Project

Laura,

I am sorry for the lack of communications regarding your original message. I did get side
tracked as I was preparing to go on a weeks vacation and simply forgot. I did go down
there this morning and found the village property much as I would expect it to be given
the fact the Zwigards have yet to finish their landscaping and the lake source heating &
cooling project. I have every confidence they will have it properly restored in due time.
As it stands the village property is currently safe and accessible to the public. There
is piping partially floating out in the lake but I do not have any jurisdiction over that. I'm
sure Mr Zwigard knows and is concerned as he must have quite an investment in that
project already and to simply ignor it would not be in his best interest. The concept and
conditions required to build that system did receive the approval of both ACE and DEC so
any issues should be directed to either or both of them. I know from building my dock a
few years back they do give projects a deadline to be completed. I was told it is the first
time this particular type of technology has been used on a large body of water that is
subject to such rough wave action. I can understand how a project of this type could get
messed up trying to get it installed in cold and windy weather as this was early in the
winter.

As for their throwing anything on to your property I did not see evidence of that being
there today but then I could not see all the way down along the shore line. I don't know
the Zwigards very well but they seem to be intelligent, reasonable and responsible people
who have taken on quite a challenge with their re-newable / green technology project. If
they, or anyone for that matter, have been caught throwing debris onto your property and
then ignored your requests to clean it up then it would seem to me that you have every
right to call in the law and press charges. I simply don't how that was all handled the first
time around so can't comment further.

On another matter that you had asked me about some time back regarding something I
wrote about the old railroad right-of-way I did once again put something in our last News
& Notes about it being private property. If you did not see it I can provide a copy to you.
Just let me know,

Tom G