The Mail-Journal, Volume 19, Number 48, Milford, Kosciusko County, 15 December 1982 — Page 15
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Christian listed good', recovering from injuries
John A. Christian, 33, Syracuse, was listed in good condition last week after suffering serious injuries in a headon collision Tuesday afternoon, at 3:15 p.m. The accident occurred on SR 13, north of North Wesbster Christian suffered fractures of both ankles and lacerations to his scalp. He was taken to Kosciusko Community Hospital. According to police reports, Christian was northbound on SR Rear-end mishap at traffic light A rear-end accident involved Mary E. Schang, 53, r 1 Leesburg, and Eugene E. Momeyer, 20, 547 East Main St., Warsaw, recently. According to police, Momeyer was waiting at the traffic light at Main and Detroit Streets in Warsaw when his auto was struck from behind by the Schang auto. Damage to the Momeyer auto was less than 3200 while the Schang auto was estimated up to 51,000 damage.
13 when a southbound auto, driven by PhiUip A. Feldman, 18, r 2 North Webster, attempted to ■ pass another southbound vehicle at a high rate of speed. Feldman was unable to complete passing the northbound vehicle and braked his auto which went out of control, crossed the centerline and crashed into the oncoming Christian auto Feldman was cited for reckless driving and was taken to KCH where he was treated and released for a laceration to the lower lip. Damage to Feldman’s 1972 Ford Mustang was estimated at 31,500 and approximately 31,000 damage was reported to Christian’s 1974 Ford auto. Gas, battery taken Officials at the Leesburg Mill reported the theft of 15 gallons of gasoline and a battery to Kosciusko County Police. According to reports the items were stolen from a truck at the mill* sometime Thursday morning, Dec. 9. The items are valued at 367.
Residents of landfill site will be forced to vacate
By GARY LEWIS The Kosciusko County Area Plan Commission has finally been given a long-awaited approval to seek a court injunction to remove three residents living on land that was a former conventional and hazardous w'aste landfill. Brock Walls, David Poage and Troy Varney will be forced to vacate the tract of ground, located on the east side of CR 450 W, one-half mile south of CR 525 S in southwest Kosciusko County, and the injunction will seek to prohibit any further disturbance for perpetuity. The approval was granted at this month’s Kosciusko County Board of Zoning Appeals meeting Monday, Dec. 13, in the commissioners’ room at the courthouse This was the third time that members heard the appeal petition, filed with the BZA after the original decision to seek an injunction was made at the July 7 meeting of the area plan commission. Warsaw attorney Paul Refior, who has represented the landowners in this case since July,
submitted only one additional document as evidence at the meeting Monday night. Refior presented a Kosciusko County Circuit Court document from a complaint for an injunction hearing on Monday, Dec. 6. The injunction was filed by the Indiana State Board of Health and named as defendents the residents, the former landfill operator, Stephen Shambaugh, and landowner Max Montel. The complaint injunction said the residents, by living on the land.
Variances, petitions considered by BZA
By GARY LEWIS Five variance and two special exception petitions were considered at the December meeting of the Kosciusko County Board of Zoning Appeals, Monday, Dec. 13. Those cases involving the Lakeland community were: • Robert Merchant’s variance request to build a storage building closer to the rear and side property lines on his land located on the east side of CR 850E, south of Backwater Road in Tippecanoe Township. Merchant said the ground suitable for the building requires him to build the structure in violation of the county ordinance. He said two trees on the property and the location of his garden were the reasons he is requesting the variance. The BZA unanimously denied the petition. • Terry Haab's Variance request to sell off property with only 75 feet of frontage instead of the required 100 feet. The property is located on the south side of a road and 200 feet west of CR 400E in Van Buren Township. Haab said he purchased the property with the understanding it was to be two lots, but the deed was never entered as two. A cul-de-sac near the property also required the variance petition. Board members unanimously approved the petition. • Illinois resident W. Marian Smith’s request for a variance for the construction of a 30 by 40 foot garage on a tract of land with no principle structure. Smith said the structure would be used for garage space. The property, located on the west aide of CR 450E, north of Armstrong Road in Tippecanoe Township, is located near some marsh areas and the BZA voted to table the issue until an on-site visit to the property could be made. • Betty Shuff’s petition for a variance to construct a grape arbor. An attorney representing the neighbors to the property said the structure was not a grape arbor but a privacy fence and was constructed out of spue. Attorney Mike Valentine said Shuff "built this fence and moved out the next day.” The board denied the petition and instructed area planning director Dan Richard to seek penalty fines for every day Shuff was in violation.
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Wed., December 15,1982—THE MAIL-JOURNAL
had increased decomposition and production of leachate of the waste deposited there. It also based its case on the potential for methane gas in explosive concentrations. The document Refior presented to the BZA members disputes the accuracy of the state board of health methane testing. A private environmental testing firm, Environmental Instrument Systems, South Bend, found “virtually no methane,” said Refior.
The property is located on the east side of Dewart Lake Road, north of Armstrong Road, in Plain Township. • Garrett K. Leckrone’s petition for a special exception for a home occupation permit to start a taxidermy business. The board approved the request. The property is located on the north side of CR 325 N and 650 feet west of Stoneburner Road in Plain Township. t In other cases, the board denied a petition by Johnie Hurd for a variance to construct a storage building in an agricultural district. He said the building could not be constructed within the zoning guidelines because of a rock fence and trees on the property. The property is located on the west side of Bruner Road, south of SR 25 in Harrison Township. A home occupation permit was granted to David Cooper for a craft shop on the east side of SR 19, north of Harrison Street, in Harrison Township and a variance for the temporary placement of a mobile home for an elderly parent was approved for Harley Boganwright. The property is located on the north and south sides of Shilling Road, west CR 600 W in Harrison Township. Two other cases were no-shows and were tabled —a variance petition by F A. Smith in Seward Township and a home occupation permit by Wanda Mason in Wayne Township. The next meeting for the BZA is scheduled for Monday, Jan. 10, in the commissioners’ room at the courthouse.
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Circuit court Judge Richard Sand was unable to reach a decision at the injunction hearing because of the great diOrence between the two reports. The state board of health methane testing at the site found the gas in high enough concentrations to present a fire hazard. Both the state board of health and EIS will make a coordinated testing on the land December 21, Refior said. The three board members, Jay Boyer, Bob Hartzell and Jerry Grady, voted unanimously to uphold the APC decision. Grady, serving as chairman, said the board’s “responsibility is to uphold or to overrule” the APC decision. “We have hazardous waste dumped and that’s really how we got started in the first place,” Grady said. Remonstrators Terry Doll, a neighbor, and Dr. Jim Bohlin, chairman of the Kosciusko Count Lakes Preservation and Development Council, both commented on their concerns for the water quality in the area. Area planning director Dan Richard said the BZA decision was made because the board felt “the soils on the property out there are not suitable for residential development.” In addition, the three mobile homes presently on the property do not have proper permits, Richard said. “They never went through the proper channels to get them. They are in violation.” Even though the injunction has been sought, Richard does not believe the residents will be leaving soon. “They equally have their rights. I don’t think anybody can go in and quickly order them off of there. It has to go through proper channels and it will take time,” he said. The residents have the option to appeal the decision in court within 30 days. “It’s good that you have the checks and balances, and the chances for review the way it is set-up. That way, if you do have a board that’s totally abusing its responsibility you also have the court system there at the same time. ” Richard said he is satisified with the ruling. “The facts slowly accumulated towards the point that it almost seemed this had to be the way it went. “I think it is really unfortunate that it seems the government has to take the step to do something like this. It’s really too bad that these people, on their own, can’t see the problems they are dealing with.”
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