Apr 19, 2007 By Amy Zalar 4 min read

The Fayette County Zoning Hearing Board Wednesday heard testimony regarding an appeal of a zoning violation against Cellurale Garden Center in Dunbar Township in which the owners claim the photographs taken before sending out the violation notice were obtained when someone trespassed on the property. Sue Martin, a planning zoning technician I in the Fayette County Office of Planning, Zoning and Community Development, testified that she did not sign the enforcement notice sent to James F. Jr. and Marilyn Cellurale because she did not write it. Martin also testified that although the pictures showed various pieces of farm equipment, old tires, an old stove and other materials, she did not take the pictures.

“I hadn’t written it, so I didn’t feel comfortable signing it,” Martin said about the enforcement notice, although she said she sent out the notice, which issued a violation for the Cellurales for unused junk farm equipment on an agricultural zone.

Tammy Stenson, director of the planning office and Martin’s boss, testified that she rewrote Martin’s enforcement notice following a specific “format” and then gave it back to Martin to send out. Stenson said she was unaware Martin did not sign the notice. Stenson said in the past she has written or rewritten enforcement notices to send out in her capacity as director of the office.

Under questioning by Cellurale’s attorney, Stenson said the pictures that were used as the basis for issuing a violation were given to her during a meeting between herself, assistant county solicitor John Cupp, Fayette County Commissioner Angela M. Zimmerlink, Martin, and Terry and Diane Kriss.

Terry Kriss, owner of the neighboring historic Meason House, testified that he took the photographs in question. He also testified that every piece of farm machinery in the photos has been there and unused for 30 years. Kriss also testified that he took the pictures while on his own property, although he said for some he used a telephoto lens. Diane Kriss, Terry’s wife, testified that she never has seen any of the equipment used. She said complaints have been made and the Cellurales were cited in 1999, after which time they removed an old school bus and some plastic containers, but nothing else.

Marilyn Cellurale testified that the equipment has been used in the past 30 years. She also maintained that someone had to trespass on her property to take the photographs and she called the state police to investigate the matter. She didn’t know specifically when the equipment was used, saying her husband could better answer those questions.

John Philip Cellurale, Marilyn’s son, testified that he and another person moved all of the equipment in the past couple days. He said some equipment that was unused was removed and some was moved to another site for later use.

“All the tires are removed. We did that to show we are willing to comply,” he said.

John Cellurale also disputed an assessment by Terry Kriss that the farm equipment was rusted and stuck to the ground, saying it moved freely when pulled by a tractor.

On further questioning, Terry Kriss said that between noon and 6 p.m. Tuesday there was a “tornado” that went through his property when everything was moved very quickly. Kriss said he believes the tires and other equipment were simply moved to another location.

The zoning hearing board must decide whether or not to reverse the decision to issue a violation of the zoning ordinance. Cellurale’s attorney said he doesn’t believe a zoning violation occurred, adding that the zoning office is attempting to utilize a nuisance ordinance. Cupp maintains the violation occurred because the farm equipment, tires and other items were unused.