BOARD OF ZONING
APPEALS
October 8, 2008 - 7:00 p.m.
Members present
were Nancy Snyder, Audrey Malavite, Louis Grooms, Jerry Eibel, and Bob Burkhart
presiding. Also present were Trustees
Douglas Baum,
Mr. Burkhart opened the hearing introducing the Board member present, as well as alternate, Bob Miller. He asked for any corrections to previous meeting minutes. None were offered. He asked secretary, Carol to read the definition of the Board of Appeals.
Mr. Burkhart proceeded by stating that the first order of business would be for the Board to determine if there was new evidence or substantial change to warrant continuing the hearing, according to the Pike Township Zoning Resolution, SECTION SEVEN, CONDITIONAL ZONING CERTIFICATES, TITLE II, F. RESUBMISSION OF APPLICATION FOR CONDITIONAL USE ZONING CERTIFICATE, at page 48 as follows:
“No application for a Conditional Zoning Certificate
which has been denied wholly or in part
of the Board of Zoning
Appeals shall be resubmitted until the expiration of one (1) year or
more from the date of such denial, except on grounds of newly discovered evidence
or proof of changed conditions which would be sufficient to justify reconsideration
as determined by the Board of Zoning Appeals.
At the expiration of one
(1) year from the date of the
original application each reapplication shall be accompanied by
the required fee.”
Mr. Burkhart stated that the Board would hear evidence and arguments from Mr. Wood on newly discovered evidence or change of conditions from Appeal #329 denied on February 21, 2008.
Wayne Wood stated that he would reduce from the 13.73 acres to approximately 8 acres which would exclude a large plot of trees that would remain as a buffer to the park. Also the section nearest the park would only be mined during the months the park was closed and he would limit his hours from 6:30 a.m. to 8:30 p.m., Monday through Saturday.
After the Board deliberated, Nancy Snyder made a motion to deny hearing the resubmittal of Appeal #329 with Appeal #347 on the basis that the reduction in acreage is not sufficient cause as new evidence and that the other issues are the same. Seconded by Jerry Eibel.
VOTE: Nancy Snyder Yes
Audrey Malavite No
Louis Grooms No
Jerry
Eibel Yes
Bob Burkhart Yes
Vote was three (3) to two (2) in favor or denying a resubmittal of Mr. Wood’s application to mine for sand and gravel on his property.
Mr. Burkhart asked for any other business. Mrs. Snyder asked to comment.
Mr. Burkhart stated that anyone could comment, but it wouldn’t change the vote.
Mrs. Malavite stated that her reason to vote no was she felt Mr. Wood had gone out of his way, a lot, to make thing different and better for everybody else. She went on to comment that she felt noise, dust and traffic would not be a problem to the residential area and not mining when the community pool was open was a real compromise.
Mrs. Snyder said she felt that there were a lot of negative feelings from both sides and also rumors were being circulated that were just not the truth and she felt that delaying the mining would give a cooling off time to all parties to communicate and work together for a more amicable solution to all and for the betterment of the community.
Mr. Grooms commented that he felt Mr. Wood should be given an opportunity to mine on his property and he felt Mr. Wood had compromised enough to given a chance to resubmit his appeal.
Paul Mosberger, a resident commented that the residents
across Rt. 800 area afraid Mr. Wood will mine up to the road and right now he
can come within 150’ of the road and the people in
Nancy Snyder made a motion to adjourn the hearing. Seconded by Jerry Eibel. The Hearing was adjourned at 7:20 p.m.
Minutes of Hearing DRAFT