BZA January 27, 2012 green vision cont

The Newbury Township Board of Zoning Appeals continuance of the 1/24/12 public hearing for a Use Variance for Green Vision Materials (GVM) was called to order by Mr. Ray Fidel, Chairman, at 6:33 p.m. on January 27, 2012 with Board members, Mary Lee Brezina, Tezeon Wong, Bill Skomrock Sr. and Chris Yeacker present. Mr. Fidel said testimony was completed 1/24/12 and no further testimony would be taken here.
Mr. Fidel had several questions: he asked Mr. Gibney which buildings would be demolished – the dispatch office and the previously burned building, the houses would stay. Mr. Gibney said they had a preliminary landscape plan for screening with possibly staggered mounds. He would retain the main driveway. Mr. Fidel suggested he remove any unused driveway asphalt as well as the piles of asphalt there now – Mr. Gibney was adamant – the piles must go!
Mr. Wong said the noise could be an issue near residential areas. Mr. Gibney said his working hours would be 8:00 to 4:30 Mon-Fri and 8:00 to noon on Sat. He said that he can’t hear the grinder in his office (approx. 250 ft. away) when operating. Ms. Endres confirmed she could not hear the grinder in his office. Mr. Gibney said the buildings obstruct the noise that sounds no louder than cutting grass. Mr. Wong asked what the timetable would be. Mr. Gibney said he is working with the Manfredis and would complete the deal as soon as the BZA end results are known. The houses are owned by the 2nd and 3rd generation of the Manfredi family. Consolidating the property would be the best course of action with the houses leased in the future to business not residential.
Mr. Yeacker said the owner has the liability for the monitored wells per the EPA. Ms. Brezina asked about the front of the property – 2 houses will stay and the 3rd converted to a substitute office with the long term plan for B-1 commercial use. Mr. Gibney said he was open to ideas but would not invest money in speculation. The property stigma/rumor is still fresh today negatively impacting its rental desirability – it is better to wait for improved economic times for future tenants. Mr. Wong agreed Mr. Gibney should work with zoning for future development.
Mr. Hess asked to confirm the possible options: if BZA votes yes township residents could sue the trustees, if BZA votes no GVM could sue the Township for resolution via a judgment entry or GVM materials could withdraw to reconsider the same issues in the future. Mr. Fidel agreed, the stated options are correct.
Bill Skomrock, Sr. moved the BZA adjourn for private deliberations, Tezeon Wong seconded the motion that passed by unanimous vote.

The board adjourned at 6:52 p.m.
The board returned to regular session at 8:14 p.m.
The board read their Findings of Fact:
1) The property is unique: it is environmentally impacted by the EPA mandated test wells with negative economic viability due to the attached stigma and long-standing rumors.
2) The former owner created the present conditions,
3) There have been no written complaints regarding dust and noise during operation,
4) The Geauga Health Commissioner ascertained “there were no significant public health issues” nor did he foresee any liquid overflow with the recommended bio-swale-disposal,
5) The spirit and intent of zoning cannot be met as Newbury zoning code does not allow composting,
6) A Use Variance is the minimum action to afford relief,
7) There are options for permitted uses that are economically viable in the B-1 district.

Mr. Fidel asked the board for comments. Mr. Yeacker replied he would favor another continuance as this is an important case, there are lots of facts to consider and he would like to take the material home to study as the 1/24/12 minutes were just completed today. Mr. Skomrock, Sr. said it was time to finish up. Ms. Brezina said she would like more time to review this case. Mr. Wong summarized that the board had varying opinions and could not come to consensus. Mr. Fidel agreed.

Chris Yeacker moved for a continuance, Tezeon Wong seconded the motion that passed by unanimous vote. Mr. Fidel set the date for the continuance: March 13, 2012 at 7:30 p.m.

Mr. Fidel adjourned the hearing at 8:20 p.m.