BOARD OF ZONING
APPEALS
November 7, 2007 - 7:00 p.m.
Members present were Nancy Snyder, Audrey Malavite, Louis Grooms, Jerry Eibel and alternates Bob Miller and Barbara Harding. Also present were Trustees Lee Strad and Douglas Baum and Zoning Inspector, Sharon Perrine, Zoning Secretary, Carol Barto and 20 interested persons.
Mr. Burkhart opened the meeting at 7:00 p.m. introducing the Board members. The legal ad was read by Recording Secretary, Carol Barto.
APPEAL #333 - Dursky & Larson Property
Rex Miller, attorney for Valley Mining introduced James Klingler, Director of operations and Frank Bair, Engineer for Valley Mining. Mr. Miller explained that the mining would be year around on the Duskey/Larson property and they would not be using any public roads, after the initial time to move the equipment into the site but would construct a haul road to use as an access road into the Countywide Landfill. Mr. Miller stated they would adhere to the 100’ setback regulations, as well as the adequate screening to the north during the operation. Mr. Miller asked Mr. Bair, Engineer for Valley Mining, to explain the topography of the property and explain the mining on this property and Mr. Miller further stated that the mining operation on this property would be year around and they believe there would not be an impact on residential properties.
Frank Bair explained they would stay 100’ feet from the adjoining property lines. He showed the area where there was an approximate 50’ high wall from previous coal mining and the areas where the clay was located, on two levels, with six and five clay.
He stated that after the clay was removed the area would be reclaimed according to ODNR guidelines.
Mr. Miller again showed the access road into the landfill and stated that it was temporary, not a permanent road but is just identifying the area to show the Board that the plan was to transport the mineral overland and not use Township roads. Mr. Miller stated that the plan meets all of the specific requirements set forth in the Zoning Resolution.
Christian Fisher stated she owned the property just to the south of the area to be mined and questioned why this was being brought up again, as it was turned down previously. She also stated her son would be speaking on her behalf. Mr. Burkhart explained, by law they can apply once a year and there has been some changes in ownership of the property in the area.
Paul Fisher expressed his concern that the haul road would eliminate access to the Fisher property and concerns about the slope run off water from the site. Mr. Bair explained the
the present access road to the Fisher property would be maintained and the only area it would cross would be maintained by the Company. A pond would be created to catch any run off from the site and felt it’s size was sufficient to hold any run off. Mr. Fisher was also concerned that a year ago the company wanted to mine within 4’ of the property lines and why that has changed. Mr. Burkhart says just because they requested, the Board of Appeals has the right to say deny.
Ann Swain,
Barbara Harding 3520 Haut Street. Her concern is that, since she is familiar with the area, timbering would have to take place and trees act as a filter and those trees would have to be removed to get to the clay what would happen to those mature trees, if timbering takes place. James Klingler, Valley Mining Director of Operations, replied that the trees would be buried on the site.
Scott Brown, who owns the 72 acres across the street on Haut stated he opposes the mining. He feels he is suffering enough from the odor, dust, and noise from the landfill and he purchased his property because it was a residential area and the landfill is a bad neighbor and is complaints are documented but nothing is ever done about the problems they have created. It’s a major problem. He stated that for over a decade they’re going to put in a ramp system. The roads are filthy. It’s a noise problem, it’s a traffic problem and a severe odor problem. He stated his concern, after the site is stripped that the landfill will open up another cell in that area.
Sharon Perrine, as a resident, wanted it clarified that the landfill did not own the properties in question and that, once the equipment was moved into the site, they would not be using Township roads. All minerals would be going directly to the landfill and they would not be selling to anyone else.
Ernie Berry, who resides across
Henry Jones, who owns the property (150 acres) behind Scott
Brown stated he would be negatively impacted by both the noise and dirt. He also commented that most of the park
system in
Paul Fisher questions Mr. Bair’s calling the property, in its present state, as being dangerous and has questioned him as to how many accidents have been there. He stated that he has been on this property since he was 15 months old and he has never seen an accident there.
Jesse Brown commented that she doesn’t believe that they
wouldn’t be using
Doug Baum, Trustee, stated that the setbacks had been changed from 100’ to 150’. Backup alarms. The landfill is not allowed to use strobe lights, but mining companies are allowed to us the strobe lights. (Jerry Eibel - subsection 6).
Jerry Eibel - Is the access road gated? - Mr. Klingler replied that all access road are gated. There should not be any vehicles in there, once you get your equipment in there?
Mr. Klingler replied that employees vehicles would be going in and out during the period of time.
Bob Burkhart - Can you go to strobe lights, instead of backup alarms? Mr. Klingler replied that he was not aware they could go to strobe lights but they would look into doing that. Mr. Burkhart stated that we have mining companies in the area who are now using the strobe light.
Bob Burkhart - Hours: per day, per week? Mr. Klingler stated they usually start at 7 or 7:30 a.m. and work until dawn. Mainly during the daylight hours.
Nancy Snyder - Seven to what? Mr. Klingler replied 7:00 until 5:00. Mrs. Snyder asked if that applied to summer months also. Mr. Klingler replied 7:00 a.m. to 5:00 p.m.
Bob Burkhart - Blasting? - Mr. Klingler replied that the top layer, they could get by without blasting, but the lower level they would have to low level blasting, just to break up the overburden and shale for removal to get to the two layers of clay.
Bob Burkhart - How Long? Mr. Klingler stated he had a 5-year lease with Duskey & Larson, but they don’t have sure market for the clay. They still have to develop a market.
He doesn’t know when or how long they will be there.
Nancy Snyder - “Are you saying you’re sole purpose is not strictly for the landfill?
Mr. Klingler replied that their sole purpose was for the landfill but they haven’t entered into a contract to sell it to them yet.
Barbara Harding - is Valley Mining affiliated with Countywide Landfill. Mr. Klingler stated that they worked for Republic services, doing mining, excavating, and build cells on their site, but they were not owned by them.
Nancy Snyder - Scott & Jesse Brown how long have you owned the property across the street. Mr. Brown replied that he bought the property about 10 - 15 years ago. Mrs. Snyder asked when he built his home and Mr. Brown replied that there was a house on the property when he bought it.
Barbara Harding questioned the Company installing an access road before they had a Conditional Use Permit. Mr. Burkhart explained that the present road that goes back along the property line has been there for a long time and it goes to the Collins property.
Mr. Bair showed on the map the present access road to the Collins property and the proposed haul road location.
Nancy Snyder noted the haul road crosses over the present
access road twice. Mr. Bair replied,
yes. Mrs. Snyder also asked if anyone
resides in the Collins property and if they were rental properties. Rex Miller replied that he believed an
elderly woman was living in the Collins property and an employee of Countywide
was residing in the
Mrs. Fisher questioned if the access to her property would remain open and Mr. Bair replied that would be kept open. Mr. Bair replied that the access to Mrs. Fisher’s property would be kept open and Mr. Burkhart also stated that Sharon, the Zoning Inspector would make sure it was and also that they should keep in mind that the permit was for just one year. Jerry Eibel stated that if they didn’t abide by the conditions the permit would not be renewed.
Sharon Perrine, asked to make clear that the start up time is 7:00 a.m. and not be starting engines before 7:00, as we’ve had problems with that happening in the past. She also wanted to make it clear to everyone and that any time, if they violate the conditions, the Zoning Inspector could shut them down until corrections are made or they have to come back to the Board and the Board can determine the renewal of the permit.
Doug Baum - regarding strobe lights, it should be noted that strobe lights can only be used after dark and back up alarms will have to be used during daylight hours. Rex Miller replied that they will check on the strobe lights and that the engines will not stark until 7:00 a.m.
BOARD DISCUSSION:
Louis Grooms commented that when he was on the property, a high wall was at least 75’ down and a car just went in the pond that night and the pond will be drained and when the operation is completed the high walls will be gone.
Jerry Eibel - How would they be reclaiming the land. Will it be trees or grass? Mr Klingler stated that it would primarily be grasses. They had no plans to replace trees. Mr. Eibel asked if they could plant trees. Mr. Klingler stated that it was basically the land owners decision but there were programs available through Department of Natural Resources.
Nancy Snyder commented that a lot of the comments were driven by the landfill. She explained that this is an emotional subject but the Board’s powers are limited to land use for these sites and the subject of the landfill cannot enter into their decision. They have to abide by the rules and regulations provided to them to make a determination.
Jerry Eibel inquired of Valley Mining the procedure for the property owners to take in regards to pre-testing for their water wells. Mr. Klingler replied they should contact Valley Mining and/or Ohio Department of Natural Resources for a pre blast survey, with no cost to the land owner.
Nancy Snyder asked how long Valley Mining had been in
business. Mr. Klingler replied they were
incorporated in 1971. She asked if they
had done any other projects in this area.
Mr. Klingler said Countywide Landfill was the only one in this area, but
they had closed the Statewide Landfill in
Jerry Eibel - Under Subsection 10 of the Zoning Resolution “Adequate screening with shrubs, trees, or hedges shall be provided parallel to property lines adjacent to or abutting any business or residential use.”, when mining begins will any trees be removed between the Fisher and Berry properties? Mr. Klingler stated that the 150’ setback would be followed. If trees are presently there, they will remain.
Louis Grooms made a motion to grant the Conditional Use Certificate for Appeal #333 with the conditions in Section Four, Title I (C), (1) of the Pike Township Zoning Resolution amended, dated 8/2/2007:
Hours of Operation: 7:00 a.m. until 5:00 p.m. No Weekends or Holidays
Adequate Truck Routes: Trucks & heavy equipment be contained on the access route proposed and not on any Township or County Roadway, once initial equipment has been located on the site. Road to Fisher property to remain open at all times.
Seconded by Nancy Snyder.
VOTE: Nancy Snyder, in favor of granting Conditional Use Certificate.
Audrey Malavite, in favor of granting Conditional Use Certificate.
Louis Grooms, in favor of granting
Conditional Use Certificate.
Jerry Eibel, in favor of granting Conditional Use Certificate.
Bob Burkhart, in favor of granting Conditional Use Certificate.
Vote was unanimous to grant the Conditional Use Certificate for mining clay.
The Brown and Fisher families expressed their disapproval and left the meeting hall.
APPEAL #334 - I & I Ltd. Property (Leo & Carol Soehnlen)
Rex Miller, representing Valley Mining, Valley Mining proposes to only mine for clay. There will be no blasting on the property. They will only be mining in the months from October through April (agreement with property owner). The operating hours will be the same as the other site (7:00 a.m. - 5:00 p.m. - Monday through Friday - No holidays).
The natural tree line along Haut & Downing will
remain. The area to be mined lies below
street level which will act as a natural barrier. The Soehnlen debris will be cleaned out of
the area. The prior coal mining spoil
piles will be reclaimed. Other than the
initial moving equipment onto the site, no product will be transported on a
Township or County road and will be transported across the Soehnlen property
and into the landfill. Drainage will on
be on the Soehnlen property. There will
be a buffer between the mining area and the
Bob Burkhart - asked Mr. Bair how deep was the clay. Mr. Bair - in most of the area there is 5’ -
8’ feet of dirt on the clay, except where the spoil is. Mr.
Jerry Eibel inquired if both sites would be mined at the same time. Mr. Klingler replied that Countywide’s needs will dictate which one they do first and the length of time in operation.
Mr. Klingler doesn’t think they will be mining both areas at the same time. Mr. Eibel inquired if they had a five year agreement with Mr. Soehnlen. Mr. Klingler stated that they had one year left on the contract with Mr. Soehnlen, but can be extended if Mr. Soehnlen agrees. Mr. Eibel - state permit? Mr. Klingler stated the State permit was for ten years.
Barbara Harding - commented on the detrimental affect of the landfill on the neighborhood and the properties being purchased by the landfill at 2-1/2 times their value has caused a false inflation of the surrounding property values in the shadow of that landfill. Those properties purchased purposely so that land could be mined for the clay, which that the landfill needs, and generations of families being uprooted is detrimental to the existing neighborhood.
Nancy Snyder commented again the emotional part of their decision making process and how it is affecting all our lives, and detaching themselves from that emotion to follow the guidelines of the law. Barbara Harding responded that the permit can be denied by Section Seven, Title III (A) (1), (2), (3) of the General Provisions:
SECTION SEVEN - TITLE III
A. GENERAL STANDARDS
The
Board of Zoning Appeals shall review the particular facts and circumstances of
each proposed
use in terms of the following standards and shall find adequate evidence
showing that
such use on the proposed location:
(1) Will be designed, constructed,
operated and maintained so as to be harmonious
and
appropriate in appearance with the existing or intended character of the
general
vicinity
and such use will not change the essential character of the same area.
(2) Will not be hazardous or disturbing to
existing or future neighboring uses.
(3) Will not be detrimental to property in
the immediate vicinity or to the community
as
a whole.
Mrs. Snyder and Jerry Eibel replied that, with past experiences, the standards will not stand up in court action. The judges will rule that these are a matter of opinion and almost impossible to prove.
Bob Miller - For the people who live there, don’t continue to say it’s an improvement. To the people who live there this is destruction of the natural habitat and destroys the area as it now exists.
Sharon Perrine - Has lived and rode horses and played in this area for 50 years and has also witnessed the reclamation of areas that have been mined, such as the City of Canton property, where they have already planted trees and the mining area along Elson Street where houses are now being built. In the long run, reclamation of the land is a good thing.
Nancy Snyder - While the Board has empathy for what is going on, someone always suffers from progress and that the Board’s hands are tied, as it has to govern by the existing laws. Mr. Burkhart agreed and stated that possibly the Zonebook needs to be revised, but that’s not this Board’s duty. The duty of this Board is to rule on the request from Valley Mining.
Mrs. Swain stated, in her opinion, something needs to be done about all the trash that’s being generated.
Audrey Malavite made a motion to grant a Conditional Use Certificate with the same conditions of Appeal #333, with the difference of the operations only during the months of October through April. Seconded by Jerry Eibel.
VOTE: Nancy Snyder, in favor of granting Conditional Use Certificate.
Audrey Malavite, in favor of granting Conditional Use Certificate.
Louis Grooms, in favor of granting Conditional Use Certificate.
Jerry Eibel, in favor of granting Conditional Use Certificate.
Bob Burkhart, in favor of granting Conditional Use Certificate.
Vote was unanimous to grant Conditional Use Certificate for one year.
OTHER BUSINESS
None
Nancy Snyder made a motion to adjourn the hearing. Seconded by Louis Grooms. The Hearing was adjourned at 8:30 p.m.