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Milton official: High court ruling on Myrddin Winery will have statewide effect



Published: Wed, July 20, 2011 @ 12:07 a.m.

By Peter H. Milliken

milliken@vindy.com

Lake Milton

Milton Township trustee chairman and the lawyer representing the township in its unsuccessful effort to stop a winery from operating in a residential neighborhood said the Ohio Supreme Court decision concerning the winery will have statewide repercussions.

“It’s going to open up the doors, not just in Milton Township, but everywhere in the State of Ohio for people to have a business like that in a residential area,” said Dave Tomaino, trustee chairman.

Atty. Mark S. Finamore of Warren, who represents the township, said all of the 50 to 60 Ohio townships he represents are interested in the decision “because it affects everything in terms of how you interpret agriculture.”

The state’s top court ruled last week that the Myrddin Winery, 3020 Scenic Drive, is exempt from township zoning regulations and may remain in its current location.

A township has no zoning authority over the use of buildings for wine-making and selling on property, such as Myrddin’s, that is also used for grape-growing, the top court ruled.

The court made its ruling in the case of Jenifer Terry, Milton Township zoning inspector, v. Gayle K. Sperry, Myrddin Winery operator.

Terry had sought to stop the winery from operating in its present location because of neighbors’ complaints about the traffic and retail activity in a residential area.

“We all had our day in court. The court made the decision, and we’re going to follow the decision,” Tomaino said just before Tuesday’s trustee meeting. “They’ll be treated like any other business we have in the township.”

Nobody commented on the court decision during the public-comment session at Tuesday’s meeting.

However, Finamore said he expects a large crowd at today’s 5 p.m. meeting of Bazetta Township trustees because of opposition to the proposed move of the Cortland Winery from its current location to a residentially-zoned area of that township.

However, Finamore said there’s nothing that township can do to stop that winery from moving to the residential area as long as it cultivates grapes there.

Concerning Myrddin, Finamore said the township still has some available remedies if it needs them, but he advocated taking a wait-and-see attitude.

If parking becomes a problem, the township still has the authority to ban parking on the narrow, dead-end streets near the winery and to require Sperry to increase the winery’s limited off-street parking capacity, Finamore said.

The township also could enact a noise regulation ordinance, especially if live entertainment is presented, Finamore said.

If circumstances warrant, property owners or the township also could file civil-nuisance complaints, and township trustees could object to the renewal of the winery’s liquor license, Finamore added.

Even with no cars parked on the streets, a firetruck would occupy nearly the entire street width in the vicinity of Myrddin, said Police Chief Michael Saltsman.

Trustee Harold Campbell recalled that two tour buses bringing customers from the Akron area to Myrddin had an awkward time backing into the streets near it.


Comments

1Schmendrick(9 comments)posted 3 years, 2 months ago

Tour buses? Must be pretty good wine.

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2Photoman(1004 comments)posted 3 years, 2 months ago

Citizens need to keep a very close eye on their township officials and what is being done in their township. Too many little empires are being built at taxpayer expense in townships throughout the state.

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3ytownsteelman(628 comments)posted 3 years, 2 months ago

A victory for private property rights!

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4adockinthebay(4 comments)posted 3 years, 2 months ago

Congrats to a fine LITTLE winery. Gayle has never said a unkind word toward any of her only 3 dissatisfied neighbors, although they have made many untrue statements about her.
Mr. Tomaino was asked at a township meeting if there was any restrictions to the amount of traffic on a township road (thier main complaint) answer was no. If the road is to narrow than widen it. A firetruck doesn't fit, what about a school bus? Mr. Tomaino (who has never been to the winery) makes a statement "a business like that" Many pizza's are delivered to the winery from our pizza shops and out of town guest are sent to the area restaurants for something more.This winery is an asset to our lake. A lovely quiet little place that is on a deadend road that overlooks the river. With very good wine. Isn't a state park about touism?

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5Bigben(1996 comments)posted 3 years, 2 months ago

Do I get to post publicly Vindy? I wrote you ab Email last night asking for help in getting my postings set to public.

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6Bigben(1996 comments)posted 3 years, 2 months ago

Hello Vindy need HELP! read my previous post and email sent last night .I was removed from posting publicly without explanation.

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7Bigben(1996 comments)posted 3 years, 2 months ago

Vindy HELLO!!!! Help needed!!!!!

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8Bigben(1996 comments)posted 3 years, 2 months ago

Vindy HELLO!!!! Help needed!!!!!

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9Nogeneralities(3 comments)posted 3 years, 2 months ago

To The Owners of Myrddin Winery: Thank you for making a large financial sacrifice to show townships that they can't bend the law and force their people to walk away from their rights of law.(even if they happen to be a lawyer and a trustee...)

To Trustees Across The State: Wake Up Call!! The times they are a changin... Gone are the days where you can just fix roads, hold meetings and handle complaints by choosing sides of the group with the most votes because the smaller group can't afford to protect their legal rights! If you are not already embracing the fact that our nation is having some financial difficulties and the only proven solution is, and has always been small business, and that your job is to embrace the changes and help your citizens work through the issues together at the table when they arise, you are already out of office (you just don't know it yet!)

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