PIKE TOWNSHIP ZONING COMMISSION HEARING

August 25, 2008 - 7:00 p.m.

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

 

Commission members present were Robert Murphy, Nick Botean, David Ross, Glen Johnstone and Linda Zaleski, presiding.  Ms. Zaleski opened the meeting at 7:00 p.m. introducing the Commission members; Trustees, Lee Strad, Don Charnetzky, and Doug Baum.  She also introduced BZA members, Nancy Snyder, Bob Burkhart and Louis Grooms, as well as Zoning Inspector, Sharon Perrine and Hill Court Stenographer, Lisa Elliott.  Ms. Zaleski thanked the audience in excess of sixty (60) residents and non-residents for attending.

 

 

ZONING RESOLUTION TEXT CHANGE:

 

Ms. Zaleski explained the history and/or procedure followed to arrive at this point, which was:  May 28, 2008 meeting, the Commission had gathered information and at the July 2nd meeting they recommended to Mr. Mosberger that he officially request a text change.  He submitted a request on July 23rd and that request was forwarded to Stark County Regional Planning for their recommendation.  On August 5th, SCRPC, at their regular meeting, considered the text change and forwarded their recommendation to the Commission for their action. 

 

SCRPC’s recommendation was approval of text change, with modification.  Their recommendation was to add a subsection that would apply to only surface and strip mining, to include the 600 foot setback. 

 

Ms. Zaleski outlined other townships in Stark County and their present setbacks for mining with the conclusion that the four high density residential townships of Jackson, Plain, Canton and Osnaburg had adopted the 600 foot setback for mining.  Nimishillen was close behind with a 500 foot setback.  Lake and Perry were 250 feet; Lawrence 200 feet; Marlboro 100 feet; Pike 150 feet. 

 

Zoning Inspector, Sharon Perrine noted that adjacent townships of Bethlehem was 50 feet; Sandy, Stark had no zoning, and thus no setbacks and Sandy, Tuscarawas was 50 feet.

 

Mr. Mosberger addressed the Commission, his reasoning was to protect the residential areas of the Township and his belief that changing the text would not affect mining in the township, but would protect the residents against the detrimental affects of mining.

 

Gary Alkire, representing Buckeye Mining, stated his opinion that the 600 feet is excessive and the mining in the township would eventually improve the township by cleaning up the pits and spoil banks and reclaiming the land for farm use.  Keith Kimble, of Kimble Mining, also stated the existing laws are sufficient to protect the residents and the setback would hinder future mining in the Township.

 

Of the twenty-one (21) residents and/or business owners/operators who offered comments, eleven (11) were in favor of the text change (600 foot setback) and ten (10) were against changing from 150 to 600 feet.  All but one of the proponents of the 600 foot setback were from the area including and surrounding the Village while the opponents of the increased setback were business personnel and larger property owners from throughout the Township.

 

Glen Johnstone made a motion, with the clarification from Ms. Zaleski, to add an additional subsection ((SECTION SEVEN, TITLE IV (A))) that would apply only to surface and strip mining.

 

Motion seconded by Nick Botean. 

 

            VOTE:           Nick Botean                Yes 

                                    David Ross                 No 

                                    Glen Johnstone            Yes

                                    Robert Murphy            abstained - could be conflict of interest        

                                    Linda Zaleski              Yes

 

Vote was three (3) in favor of subject change, one (1) against change and one (1) abstained.  Motion passed.

 

Ms. Zaleski commented that the Commission looked at the Township, as a whole, visited a mining/reclamation project in progress, and concluded that reputable mining companies would not have a problem getting variance from the 600 feet setback as proposed.  She went on to explain that the Commission’s recommendation would be presented to the Trustees and they would hold a public hearing, within 30 days of that receipt and would make the final decision on the text change within 20 days of that hearing.  The amendment would become effective 30 days after the Trustee’s decision (resolution), if not contested.

 

Nick Botean made a motion to adjourn the hearing.  Seconded by David Ross.  The Hearing was adjourned at approximately 8:45 p.m.

 

Minutes read and approved:

 

                                                                                                                                               

            Nick Botean                                                                            (date)

 

                                                                                                                                               

            Glen Johnstone                                                                        (date)

 

                                                                                                                                               

            Robert Murphy                                                                        (date)

 

                                                                                                                                               

            David Ross                                                                             (date)

 

                                                                                                                                               

            Linda Zaleski                                                                          (date)