The Sullivan Zoning Board of Appeals voted three to two Thursday night to accept the recommendations of the Wladis Law Firm. The move establishes that mining and quarrying are not allowed in an agricultural zone.
The board bore two new faces. After the resignations of Chairman James Kirsch and Donald Henry, who was expected to replace Kirsch upon his retirement, the Sullivan Town Council appointed existing ZBA member Steve Durfee as the chairman of the board, moved to appoint alternate ZBA member Cecelia Berean up to fill one of the permanent seats and high school history teacher Michael Keville to the other.
The two alternate positions remain empty.
The ZBA discussed a memo from the Wladis Law Firm for a half-hour before entering executive session to discuss litigation strategy and to get the advice of counsel on pleadings served on the town earlier that day. When they reconvened, newcomers Berean and Keville joined Ken Katzenstein in voting to accept the advice of counsel.
Durfee was joined by ZBA member Cliff Reals in voting against it; both cited having a problem with one paragraph in the document.
Supervisor John M. Becker said the ZBA's decision closes a loophole that has dogged the town for several years now and ensures the matter will never return to the ZBA. He said the applicants must now come before the town council to request a zone change in order to pursue the quarry.
See complete coverage in next week's Chittenango-Bridgeport Times.