This is in response to the Publisher's notebook "Halting progress in Portland" (Jan. 3).
1. I write this letter, as attorney for the town of Portland, to correct your mistaken idea that there is any matter pending before the town Planning Board.
2. There is no current matter before the town of Portland Planning Board. The board approved the Speelberg plans on condition that they comply with the Building and Fire code of the state of New York.
3. The Speelbergs applied to the New York state Uniform Fire Prevention and Building Code Buffalo Board of Review for the Western Region for a waiver of the sprinkler requirement in each cabin and they were granted the waiver.
4. That having happened, Speelbergs were required to have fire roads, which they felt were too expensive. The Board of review suggested that if the classification of the cabins was able to be changed R1 to R3 then they may be able to have driveways instead.
5. In order to change from an R1 to an R3 classification, Speelberg would be required to divide the property into three separate parcels and locate no more than two cabins on each parcel pursuant to a survey. This would then need to be filed with the code enforcement officer.
6. In addition, to obtain the waiver of the sprinkler requirement, Speelberg promised to provide a gator at the site and purchase an all terrain rescue trailer to be used with the gator and make it available to the fire departments or give it to them. Speelberg would not be the owner of the trailer.
7. Speelberg now has informed the town supervisor that he has no intention of buying anything and giving it to the Portland Fire Department.
8. Speelberg's problem is he does not want to live up to the promises he made to the state Uniform Fire Prevention and Building Code Board of Review, Western Region and does not want to comply with the building and Fire Code.
9. The ball is in his park.
Charles R. Loveland is the town of Portland attorney.