BZA September 22, 2009 Koala

The Newbury Township Board of Zoning Appeals public hearing was called to order by Ray Fidel, Chairman at 7:30 p.m. on September 22, 2009 with Mary Lee Brezina, Glen Quigley and Ken Blair (sitting for Dean Eppley) present.  Ms. Endres presented photos of the site for board and audience review.


All who wished to speak at this hearing were duly sworn and asked when testifying to state their name and confirm being sworn in.  Mr. Fidel read the applicant's request.


Brett Anderson, owner of Koala Motorsport Inc. requests a conditional use permit for a vehicle repair business at 9988 Kinsman Rd. per Art. VI, Sec. 6.04N & Art. VII, Sec. 7.04G requiring Board of Zoning Appeals approval with terms of Judgment Entry 08M000601 that superced zoning resolution requirements for a vehicle repair business.


Mr. Fidel asked the applicant to state his case.  Mr. Anderson said he had been in business at this location for the past five years and now needed to expand his facilities.  He said he had had no complaints except “stuff stored in the rear” as allowed.


Ms. Endres gave a brief history of the property that was Great Lakes Cheese.  The property was zoned commercial, residential, industrial and professional office with zoning lines drawn through the building and business space therein.  She had worked with Chuck Gates and the trustees to resolve these zoning issues resulting in the Judgment Entry (JE) dated Dec. 2, 2008.  Business tenants can now request Conditional Use permits per the JE.


Mr. Fidel stated that fencing for outdoor storage was the only condition not required by the JE.  Mr. Gates indicated on the aerial that the cars stored at the rear were screened by trees and not visible by adjacent property owners.  Mr. Anderson explained he owned these cars that were used for replacement parts.  Discussion continued regarding insurance requirements, vandalism (only 2 hood ornaments stolen), cars on “hold for better scrap prices” and 2 licensed cars that are in running condition.


Mr. Fidel asked the board for additional comments or questions.  He reminded the board that Mr. Anderson had complied with all Conditional use requirements except the outside storage allowed by the JE.  There being no more questions Mr. Fidel called for a motion.


Glen Quigley moved to grant the conditional use permit to Brett Anderson for Koala Motorsports Inc. as requested, with Ken Blair seconding the motion.


There being no further discussion, Mr. Fidel called for a roll call vote stating that a yes vote would grant the permit.



            Glen Quigley                                         yes

            Ken Blair                                              yes

            Mary Lee Brezina                                 yes

            Ray Fidel                                              yes


Mr. Fidel informed the applicant his conditional use permit was granted.  He read the mandatory Conditions for Contractors for Newbury Zoning compliance.

Mr. Fidel included the terms of the conditional use permit as listed in Art. X & XII:

1)                  the permit would be for a 5 year term with reapplication thereafter,

2)                  the permit would be reviewed yearly by the BZA,

3)                  the permit could be cancelled anytime for condition violations.


Mr. Fidel read to the Appellant and audience, “Based on the decision of the Board, you may proceed with obtaining your permit, once all requirements regarding this application are satisfied.  You are advised if someone objects to this decision they may challenge it in court.  If you choose to start operating at once, as soon as you begin your business you are bound by the conditions set forth by this Board, and all other Newbury Township zoning requirements.


Mr. Fidel informed the Appellant and the audience that the 30-day period commences with the Appellant’s signing receipt of the signed minutes.  They will be mailed registered return receipt to the Appellant.  All persons receiving notice of the hearing will receive copies of the minutes.


Mr. Fidel adjourned the BZA hearing at 7:55 p.m.  Board members wished the applicant good luck.