2018 Minutes (ZC)

Please note, Minutes are not posted here until they have been adopted by the Zoning Commission

May 23, 2018

The Perry Township Zoning Board held a regular meeting on Wednesday, May 23, 2018 at the the Township Offices.  Chairman Mark Welch, Art Zentgraf, Chris Corfias and alternate Tom Barrett were present. Zoning Inspector Wally Siegel, Township Trustee Rick Amos and George Smerigan also attended the meeting.

After Chairman Welch called the meeting to order, the first item of business was a review of the June 15, 2017 meeting minutes.  Art Zentgraf motioned to accept the minutes into record as presented.  The motion was seconded by Tom Barrett. Poll of Board: 3 Ayes. Chris Corfias abstained from voting.  MOTION PASSED.

Next, Chairman Welch opened the floor for nominations for board chairman and vice chairman for the 2018 year.  Art Zentgraf nominated Mark Welch for chairman and Randy Vermilya for vice chairman.  The nomination was seconded by Tom Barrett.

There being no further nominations, Tom Barrett made a motion to close the nominations and Art Zentgraf seconded it. Chairman Mark Welch motioned to take a vote to retain Mark Welch as chairman and Randy Vermilya as vice chairman.  The motion was seconded by Tom Barrett.  The motion passed by unanimous decision.

Next, the board entered into a discussion concerning regulations for raising chickens on residential property.  Rick Amos said that the township has received complaints from neighbors of people raising chickens in their residential neighborhoods.  Rick Amos expressed his opinion that the township needs regulations that limit the affects on neighbors but are not an attempt to discourage the practice.  Chairman Welch suggested banning roosters because they are noisy and a nuisance.  When asked, Wally Siegel said that a fence has to be 6-8 feet tall to contain chickens.  George Smerigan commented that chickens in a neighborhood will attract predators by providing a food source for them, potentially putting small pets in peril.

Chris Corfias opined that the issue should be addressed in future PUD/homeowners’ associations rather than in the zoning regulations. His opinion is that all other areas should remain unregulated.  He believes that the rural, relatively un-regulated atmosphere is why many people choose to live in Perry. Rick Amos disagreed. He said that many people live in $250,000-$350,000 homes with 1-2 or 3 acre lots that don’t wish to have chickens running around their yards.

George Smerigan said that most regulations limit the number of chickens to 4-6 per 1/2 acre lot.

Chris Corfias expressed his disapproval of any regulations, again saying that it is a slippery slope: first saying the fowl must be fenced in; now regulating the number of chickens, smell and proper care. He believes that keeping Perry rural means letting homeowners make these decisions for themselves. The rest of the board members agreed that George Smerigan should draft regulations limiting the number of chickens, keeping those chickens in a fenced area, allowing no roosters, and ensuring that coops are maintained in a manner so as neighbors are not affected in subdivisions with lots of an acre or less. George said he would have a preliminary draft ready before the next meeting.

The board will meet on June 20, 2018 at 6:30 p.m.

Rick Amos announced a meeting for strategy for the Champion Farm that is open to the public on June 27th.

There being no further business, Chris Corfias motioned to adjourn the meeting. It was seconded by Tom Barrett.  Poll of Board: 4 Ayes. MOTION UNANIMOUS.

(Adopted as amended June 20, 2018)

June 20, 2018

The Perry Township Zoning Board had a regular meeting on June 20, 2018. Chairman Welch, Art Zentgraf, Nick Giegerich, Chris Corfias and Tom Barrett attended the meeting. George Smerigan and Zoning Inspector Siegel were also in attendance. The first item of business was a review of the minutes from the May 2018 meeting. Art Zentgraf asked that the minutes be corrected by replacing “fielded” in the fifth paragraph with “received” and “scourge” with “discourage” in the same paragraph. Chris Corfias
made a motion to accept the minutes with the corrections. The motion was seconded by Chairman Welch. POLL OF BOARD: 4 Ayes (Nick Giegerich abstained) MOTION PASSED.

The next item of business was the draft to amend the Zoning Resolution to regulate the raising of fowl in a subdivision with property sizes of one acre or less. Art Zentgraf questioned whether people already raising chickens in these areas would be subject to the new regulations, if passed. George Smerigan said that they would be “grandfathered” under the current regulations but the burden would be on the property owner to prove that they were raising the chickens before the regulations were adopted.  Nick Giegerich pointed out that if the animals were not properly contained on the premise, they would become animals at large and would become subject to those regulations.

Chris Corfias expressed concern that “farm animals” is not defined in the Zoning Regulations. Nick Giegerich said that it was not necessary because it is defined in the Ohio Revised Code. The men discussed situations when “farm animal” would be vague: an example being a pot bellied pig. George Smerigan said if an animal lives in your home with you, it is consider a pet. Chris Corfias argued that he still thinks that the regulation draft is not specific enough about what would be considered a violation. George Smerigan and Nick Giegerich responded that the Ohio Revised Code is quite clear on the matter.

Art Zentgraf made a motion to accept the amendment draft, send it to the Lake County Planning. Commission for its comment and to schedule a public hearing on the matter. Tom Barrett seconded the motion. Chris Corfias moved to amend the draft in paragraph three: The keeping of farm animals and/or livestock as defined in the ORC and USDA CFR shall be prohibited. The motion was seconded by Tom Barrett. POLL OF BOARD: 5 Ayes. MOTION UNANIMOUS. POLL OF BOARD for Art Zentgraf’s motion: 4 Ayes; 1Nay (Chris Corfias). MOTION PASSED.

The board scheduled a public hearing immediately followed by a regular meeting on July 25, 2018 at 6:00 p.m. The board also decided to try to keep a schedule of the third Wednesday of every month at 6:30 p.m. for it’s meetings.

The last item of business was the May 24, 2017 meeting minutes. Chris Corfias moved to accept the minutes as written. The motion was seconded by Nick Giegerich. POLL OF BOARD: 5 Ayes. MOTION UNANIMOUS.

There being no further business, Chris Corfias made a motion to adjourn the meeting. Tom Barrett seconded the motion. POLL OF BOARD: 5 Ayes. MOTION UNANIMOUS.

(Adopted July 25, 2018)