Feb 26, 2007 By Amy Zalar 4 min read

A Dunbar Township businesswoman upset at receiving citations for violating the zoning ordinance is bringing her case to the Fayette County commissioners, along with allegations that Chairwoman Angela M. Zimmerlink is behind the effort to cite her. Marilyn Cellurale, who runs Cellurale’s Garden Center, said she knows Zimmerlink is behind the scenes “prodding” the zoning office, waving a letter that Zimmerlink wrote on the subject during Thursday’s meeting of the county commissioners. Cellurale said all the problems started when Zimmerlink became involved in inserting a placeholder in the zoning ordinance dealing with historic preservation. Zimmerlink later disputed that assessment, saying the violation issue has been ongoing for more than a year and the zoning language issue arose last October.

Cellurale lives near the historic Meason House, owned by Terry and Diane Kriss, and the Krisses and Cellurales have had property-related disputes for years.

Although Zimmerlink did not speak during Thursday’s meeting, she later said the Fayette County Office of Planning, Zoning and Community Development is under the responsibility of the commissioners, who must make certain the office operates “efficiently, effectively, consistently and fairly.”

Zimmerlink said the letter she sent was to ask the zoning office to check if the violation would fall under the new zoning ordinance. Employees of the county zoning office handle citation of zoning violations. “It is my role as a county commissioner to oversee the operations of this county office and in this case, as in others, at times, residents visit my office asking for my assistance,” Zimmerlink said.

Tammy Stenson, director of the Fayette County Office of Planning, Zoning and Community Development, confirmed Friday that Marilyn Cellurale and Joey Cellurale, Marilyn’s son who operates Joey’s Auto Repair and Body Shop, had been issued separate zoning violations, as had Terry Kriss. Stenson said Kriss came into compliance, Joey Cellurale is appealing his violation and Marilyn Cellurale has not yet complied or appealed regarding her citations.

Marilyn Cellurale also accused Zimmerlink of secretly meeting with Kriss. Zimmerlink said she does her best to meet with any resident of the county who wishes to meet with her.

Zimmerlink said she directs the zoning officer to treat all cases alike and not to give preferential treatment.

Marilyn Cellurale said she is being harassed, adding that whoever photographed her property did so when they were trespassing. “There are people lurking in my backyard,” she said. She said she has had a swimming pool for 30 years, and questioned why she is just being cited for it now. Marilyn Cellurale also disputed a citation for unused farm equipment, saying just because equipment isn’t used all the time doesn’t mean it isn’t ever used. Stenson said a permit is needed for the pool, and if the farm equipment is used, it can remain on site. Stenson said her office is working to coordinate a site visit.

“I want to live in my house, operate my business and go from there,” Marilyn Cellurale said. She repeatedly asked for help from Commissioners Joseph A. Hardy III and Vincent A. Vicites, whom she implored to visit her farm to see it firsthand.

“I need help, who’s going to help me? I would like an answer,” Marilyn Cellurale said, but she was met with silence from the men. After she said the county’s attorneys don’t help their taxpayers, Vicites finally said he will review the case, adding that it was the first he has heard of it.

Zimmerlink said later that any of the three commissioners can choose to become as familiar as they wish with the offices they are all responsible for, adding that communications have been made with all three commissioners, as well as two county solicitors, on the matter.