BOARD OF ZONING APPEALS
February 21, 2008 - 7:00 p.m.
Members present were Nancy Snyder, Audrey Malavite, Louis Grooms, Jerry Eibel and Bob Burkhart, presiding. Also present were alternates, Bob Miller and Jerry Werner, as well as Zoning Inspector, Sharon Perrine, Trustee, Doug Baum and Zoning Secretary, Carol Barto.
Mr. Burkhart opened the meeting at 7:00 p.m., introducing the Board, the definition of the BZA was read by the Zoning Secretary, as well as the legal ad that was published in the Press News, February 7, 2008.
APPEAL #339
Wayne Wood is requesting a conditional use certificate to
mine sand and gravel on his property in the 10,000 block of
Mr. Wood began by quoting the surface mining conditions of Section Seven, Title IV (A), subsections: (6), (7), (10), (14), (16), (17), (22), (23), (24), (25), (32). He stated he wanted to mine Monday through Saturday from dawn until dusk. He would be using SR 800 for entrance and exit, using the current driveway. He would reclaim the land according to the State of Ohio Division of Reclamation.
Zoning Inspector asked Mr. Wood to show on the aerial map where the pond and mining would be located.
Bob Mauter, of 2235 Terrain S.E. expressed his concern about the pond being so close to the park area where his children play, as well as the truck traffic that would be generated on SR 800 and the hazard to children crossing to the park. Mr. Mauter questioned Mr. Wood about how deep he would be mining and, why test holes were drilled in other areas of the property. Mr. Wood said the test holes indicated the sand and gravel was 25’ to 27’ deep.
Debra Mauter stated a sand and gravel operation would be detrimental to the community with dust and noise, as well as appearance and a safety issue and begged the Board to deny the permit.
William Bowman, who lives near a current and past mining operation, asked how Mr. Wood would mine and reclaim without water. Mr. Wood stated that he would use the water from the pond and the creek.
The Village of East Sparta Mayor, Jackie Truax, expressed her, as well as the Council’s, concerns as to the safety of the children at the park and questioned what type of buffer would be put in place to protect the park and the children who play there. She stated that a ditch and mound would not keep children from a pond and suggested a better buffer.
Mr. Wood said there was already a drainage ditch, trees and a mound to protect the park and that the park was already adjacent to the Nimishillen Creek.
Joe Collinsworth, who has small children, and lives across SR 800 from the area stated the operation would degrade property values and questioned if there was a flood plain issue and if the mining would have an effect on the flood plain.
Paul Mosberger, Ed Kirkman, Steve Garr and Gary Allen Kathy Amos all expressed their disapproval of a sand and gravel operation in that area. They felt it would be detrimental to the community by the dirt, noise, safety and would benefit only the property owner, who lives miles away from the location. They suggested other commercial business, like his car wash, would be more in line with the current businesses.
BOARD DISCUSSION
Jerry Eibel asked Mr. Wood if he planned to put in a scale on the property and if it would be for public use like other mining companies in the area. Mr. Wood stated that he had contacted Brechbuhler Scales about a scale and he would be the only one using the scale for this operation. Mr. Eibel asked, if it would be profitable to spend over $100,000 for a scale to mine such a small area. Mr. Wood replied that a scale would only cost about $40,000 and he wouldn’t put in a scale for some time.
Mr. Eibel asked Mr. Wood how long it would take to mine the sand and gravel. Mr. Wood stated he didn’t know. Mr. Eibel asked the length of time the State issues a permit to mine. Mr. Wood said he didn’t know. Mr. Eibel asked Mr. Wood if he could install a fence to protect the park. Mr. Wood said “no”. Mr. Eibel asked for hours of operation. Mr. Wood replied, “sun up until sun down”. Mr. Eibel stated that wasn’t acceptable and the usual hours are currently 7:30 a.m. until 5:00 p.m. and that meant those times are when the equipment is started and stopped, and only Monday through Friday and no holidays. Mr. Eibel asked Mr. Wood if he had applied for a mining permit from the State. Mr. Wood replied that he couldn’t apply until the Township issued a conditional use certificate. Mr. Eibel replied, you can apply, the State may not issue a permit until the Township approves.
Louis Grooms asked Mr. Wood who (what company) was doing the mining. Mr. Wood replied he would be doing it himself. Mr. Grooms asked who would continue if Mr. Wood was not able. Mr. .Wood replied, his son.
Nancy Snyder read the “General Standards” (Section Seven, Title III (A)) and stated, by her observation, all these except (4) apply to this location.
Jerry Eibel made a motion to deny the Conditional Use Certificate stating it does not meet Section Seven, Title III (A) 2,3,6 (General Standards) and Section Seven Title IV,(A) 22. Seconded by Nancy Snyder.
VOTE: Nancy Snyder, yes to denying the Conditional Use Certificate for surface mining.
Audrey Malavite, yes to denying the Conditional Use Certificate for surface mining.
Loius Grooms, yes to denying the Conditional Use Certificate for surface mining.
Jerry Eibel, yes to denying the Conditional Use Certificate for surface mining.
Bob Burkhart, yes to denying the Conditional Use Certificate for surface mining.
Vote was unanimous to deny conditional use certificate for Appeal #339. Mr. Burkhart announced that Appeal #340 also is denied as it now becomes unnecessary without a conditional use certificate.
OTHER ZONING BUSINESS
None
Nancy Snyder made a motion to adjourn the meeting. Seconded by Jerry Eibel. The meeting was adjourned at 8:21 p.m.
Minutes read and
approved:
Nancy Snyder (date)
Audrey Malavite (date)
Louis Grooms (date)
Jerry Eibel (date)
Bob Burkhart (date)