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Tue., Oct. 6
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RACOG ZBA convenes over validity of Lunco stop work order


WEST CARTHAGE — The River Area Council of Governments Cooperative Zoning Board of Appeals will hold a public hearing Wednesday to consider the zoning law pertaining to the Lunco Corp. property and the ban on dumping fill there.

The hearing concerns interpretation of the zoning law for the Lunco parcel at 35794 Route 126, where a stop-work order was issued Nov. 8 to cease the dumping of solid fill.

According to minutes from the Cooperative ZBA meeting of March 6, attorney Jason Bailey of Sheats and Bailey, representing Lunco, alleged the property has been used as a hard fill site by the town of Champion and Jefferson County. Furthermore, he said, neither the state Department of Environmental Conservation nor Army Corps of Engineers has required a permit for the activity.

The town’s action, according to Mr. Bailey, resulted in work stoppage at the unnamed work site from which the fill was taken. The attorney for Lunco said the zoning law permits landscaping, including the contouring of land.

However, the town’s attorney, Mark G. Gebo of Hrabchak, Gebo & Langone, said the town zoning requires a permit because filling a large depression does not meet the definition of landscaping.

There had been some question of whether the property falls under wetlands regulation, but the ZBA minutes say a DEC investigation found that the area is not designated as a wetland.

Town Supervisor Terry L. Buckley refuted the allegation of the town’s dumping on the site.

According to town Zoning Enforcement Officer Peter J. LaBarge, Lunco Corp. would have to obtain a zoning permit to continue dumping and filling at the site in order to have the stop-work order lifted. Mr. LaBarge said he issued the stop-work order after receiving a number of complaints from surrounding property owners.

The hearing will be at 7:30 p.m. Wednesday in the town of Champion offices, 10 N. Broad St.

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