West Newsmagazine 12-16-20

16 I NEWS I
December 16, 2020
WEST NEWSMAGAZINE
@WESTNEWSMAG
WESTNEWSMAGAZINE.COM
Wildwood P&Z gives approval to controversial, residential waterfall
By CATHY LENNY
A waterfall feature that has been in limbo
for more than three years was recommended
for approval by the Wildwood Planning and
Zoning (P&Z) Commission on Nov. 16.
The waterfall sits on a nearly 60-acre
tract owned by Tom Roberts and his wife,
Karen, in a wooded area off of Laurey
Lane near the Wildwood-Chesterfield
border. The land is located between the
Babler Woods subdivision and Babler
State Park. The Roberts’ house sits about
150 feet away from the property line and
even further from the nearest neighbor.
Since the water feature’s installation,
Diane and David Hudson who live adjacent
to the Roberts have claimed it to be a
source of frustration and physical ailment.
“This is devastating for us,” Diane told
the P&Z on May 6, 2019. “We are very
healthy people. We have had no issues.
(The) first week it was turned on in May of
2017, I became sick that weekend.”
Her comments are representative of accusations
the Hudsons have made and Roberts
has rebuffed over the past three years.
However, last December, following
extensive testing of the water by the Missouri
Department of Natural Resources,
The waterfall on the property of Tom and
Karen Roberts
Wildwood’s Director of Planning and
Parks Joe Vujnich, told the P&Z that Lynn
Milberg, water quality monitoring section
chief from the environmental services
program of MDNR, had found “no clear
threat” from the waterfall.
At that same time, he recommended the
water in the nearly 3.5-acre water feature
be pretreated to control algae blooms. The
benefit of that action, he said, would not
be limited to Roberts’ neighbors, but also
the Roberts and their animals. P&Z left the
method of treatment to the discretion of
Roberts but set its maximum cost at $1,000.
Additionally, P&Z agreed to review the
condition of the waterfall in December
2020, at which time a conditional use
permit (CUP) for its continued operation
could be granted if the P&Z so warranted.
That time has now arrived.
While many of the conditions have been
met, there are two outstanding issues,
Vujnich told the commission on Nov. 16.
One is for pretreatment of the water, which
also requires an engineer’s seal and signature
so that it is in accordance with MSD
standards. The second is for permits relative
to the pumping system associated with
the waterfall structure.
At the same meeting, attorney Henry
Elster, representing the Hudsons, requested
that the commission deny the CUP and
that it be conditioned on the receipt and
review of signed and sealed engineering
documents. In addition, he asked that all
pretreatment conditions be followed and
that in the interim, the waterfall feature not
be operated until due diligence is followed,
including permitting and inspections from
governmental entities.
Elster said it is his understanding that the
water feature was installed without all the
proper permits – electrical, plumbing and
geothermal.
“I can personally attest to the sound and
the odor that emanate from that,” he said
of the feature. “Many neighboring property
owners have felt the same way.”
Elster said there has been a limited
amount of testing done with respect to the
water, particularly regarding the depth of
the water as it relates to some of the pipes,
which are much deeper down. The one test
that was done on the surface contained pollutants,
he said.
Elster said the Hudsons believe Roberts
has not cooperated with the commission’s
directives, or with inspectors from the Missouri
Department of Natural Resources, St.
Louis County or Wildwood.
“This has been going on for 3 ½ years,”
Roberts responded. “There has been extensive
testing. There were four sound tests; they
were all below the limits of the Wildwood
code. There were two water quality tests,
acceptable by the consultant Wildwood hired.
“I’ve complied with the city of Wildwood
and the requests. I had it (waterfall)
off, and then when the P&Z Commission
did come out, it had been sitting with water
in that pipe for months. When it runs for
maintenance purposes, there’s absolutely
no smell.”
Roberts said the city issued him an occupancy
permit to live there with the waterfall
See WILDWOOD, page 21
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