PIKE TOWNSHIP BOARD OF APPEALS MEETING

October 19, 2005 – 7:00 p.m.

7134 East Sparta Ave. S.E., East Sparta, Ohio

Members present were Nancy Snyder, Audrey Malavite, Robert Burkhart, Jerry Eibel and Louis Grooms, Chairman. Also present were Alternate, Barbara Harding, Zoning Inspector, Sharon Perrine and Zoning Secretary, Carol Barto, as well as eight (8) interested persons.

Mr. Grooms opened the meeting at 7:00 p.m., introducing the Board Members present.

APPEAL #322

Audrey Malavite read the legal ad, which stated, ENZ Mining is requesting a variance from the December 7, 2004 agreement to haul sand and gravel directly onto Route 800 from the site, south to Westbrook, east to the Townshp line for approximately 20.6 acres of the Clifford & Betty Baum property located in the S.E. Quarter Section 11 of Pike Township.

Mr. Grooms asked if a representative was present. There was no response. Mr. Grooms asked if anyone wanted to speak in opposition to variance. Bob Anstine was sworn in and spoke that more than one piece of equipment was at the site on different occasions, which was contrary to their Agreement of 12/7/2004, as he has seen more than one. He stated that the pond would only be 5 feet deep, per the agreement, and it appears to be deeper. His thought was that the Company (ENZ Mining) should keep to their agreement.

Mr Demuth entered while Mr. Anstine was speaking and following Mr. Anstine’s comments, Mr. Demuth was sworn in and proceeded to show on an aerial view of the area. He stated that this meeting only involves the trucks. The pond only has about two feet of water and construction has not finished.

In response to Mr. Anstine, he stated that only one piece of equipment was for the operation, another is for the overburden and maintenance of the area. The hours of operation; he stated that he was not aware the machinery was starting before 7:00. The employees had been instructed not to start up the machiney before 7:00 and he will correct the situation.

Mr. Demuth advised that hauling overland would create more noise and dust. The overland off road equipment does not have mufflers, as the present asphalt trucks have and a road would have to be constructed for their use. Mr. Demuth advised he would like to amend the route to include entering Route 800 directly from the site. He also stated that ENZ Mining has a Bond posted with the Pike Township Trustees for East Sparta Avenue, and he has agreements with both Stark County and O.D.O.T., for the use of their roads.

Mr. Demuth stated that he had over anticipated the amount of sand and gravel he would be removing and transporting and the overland hauling equipment is much larger. Also, since he first began the process two years ago, the business nature has changed and he has more asphalt trucks and less of the earth movers. He stated that he would like to take out about 80,000 tons per year.

Bob Burkhart questioned Mr. Demuth about not consulting the BZA, and going ahead and not hauling overland. Mr. Demuth thought he had said Township roads not being used, which was what he meant to say. Mr. Demuth stated he wanted both the option to haul directly onto Route 800.and to maintain the option of an overland route to his processing plant.

The Board deliberated.

Page 2

Bob Burkhart made a motion to amend the Conditional Use Certificate of December 7, 2004 to haul sand and gravel directly onto State Route 800 in addition to the existing overland route as agreed upon December 7, 2004.

Nancy Snyder, in favor.

Audrey Malavite, in favor.

Bob Burkhart, in favor.

Jerry Eibel, in favor.

Louis Grooms, in favor.

Vote was unanimous to amend the Conditional Use Certificate of December 7, 2004. to ENZ Mining, Inc. to include hauling sand and gravel directly onto Route 800.

OTHER BUSINESS

Karen Babik of 5606 Breezehill Road stated that she disputes the agreement with Spring Valley Golf Course of July 6, 2005. She feels that Spring Valley is in violation of that agreement by not contacting the Babik’s regarding the fence, before it was purchased, and the fence was ordered and delivered to them without their approval. She feels the fencing is not complete and needs a bottom stabilizing wire and the Golf Course should provide the wire and concrete for the installation or install on Golf Course property and they maintain the fence. She asked the Board to accept the alternate agreement she has proposed.

Charles Hall, the Township Attorney advised the Board that this is no longer a Zoning matter. It’s a neighbor dispute. The Board cannot take any action since it has not been advertised and the public and Spring Valley Golf Course was not notified of a meeting . Mr Hall offered to mediate an agreement with Mr. & Mrs. Babik, and the Sweitzer family and try to arrive at a workable solution to the problem. The Board agreed to have Mr. Hall meet with the parties involved and try to resolve the problem.

Doug Baum, Township Trustee, raised the question to Attorney Hall of the pond, on the property being mined by ENZ Mining being controlled by ODNR mining regulations. Mr. Hall stated that the pond, is part of the mining operations of ENZ Mining and the Township Trustees nor the BZA has any control over the size, depth, fencing, etc. of the pond.

Jerry Eibel made a motion to adjourn the meeting at 8:14 p.m. Seconded by Nancy Snyder. Meeting was adjourned.

Minutes NOT read and approved by BZA members