Published: November 21, 2007 02:12 am      

PENDLETON: Board considers change to zoning law

PENDLETON — Pendleton Town Board is taking steps to change a zoning law that restricts homeowners with less than 7 acres of land to one accessory structure.

The issue was raised at Tuesday’s work session, where Richard and Sharon Pesono, 6449 Townline Road, addressed the board. The Pesonos originally received town permission to build a pole barn so they could store a boat, a truck, tools and other items, but had to agree to take down an existing shed afterward.

Once the pole barn was up, however, the Pesonos saw they still needed the shed space and went to the zoning board looking for a variance to keep it. They were denied, after the zoning board “tabled the decision for a few meetings,” Sharon Pesono said.

“The reason we bought a big piece of land was because we wanted this barn,” she said. “We didn’t think at the time there would be a problem.”

Councilman Gerald Farnham said the board doesn’t have control over the zoning board. The state, instead, would be the authority to talk to about problems with the zoning board. But the board could change the ordinance, which is the action Supervisor Jim Riester would favor.

“My feeling is if you have a certain amount of acreage, you should be allowed to do that (have more than one structure),” Riester said. “It really depends on the amount of acres.”

The Pesonos asked for reasons for the denial, but none were given. Once a decision was made by the zoning board, the Pesonos could not go back again and ask for a variance. After consulting with a lawyer, the Pesonos decided to take the matter to the board.

The board will have a new ordinance drawn up that would lower the accessory limit to two acres. This would allow the Pesonos to keep their structures without penalty. The Pesonos were pleased.

“I feel a little better; they realize people are fed up with it,” Sharon Pesono said. Pesono also had a petition signed by 65 people who agreed with her about the accessory law.

Riester said Pendleton is a “rural community,” and some residents need the extra space. Most use it for farming, which Riester said shouldn’t matter because they won’t be able to support themselves on just farming, alone. It is more of a hobby, and that’s something that draws people to the town.

“It encourages farming, we support farming, but our laws don’t,” he said. “It gets people to keep the land instead of selling it off.”

The board will continue a resolution directing the town code enforcement officer to refrain temporarily from citing the Pesonos for illegally having two accessory structures. The new ordinance will be created and discussed at the next meeting.

Contact reporter Joe Olenickat 439-9222, ext. 6241.