MAYFIELD - State Supreme Court Justice Richard T. Aulisi denied a local man's appeal to have his home, where the man keeps tigers and leopards, defined as a "home occupation."
Steve Salton's appeal involves the animals at his 3420 Route 30 residence in the town.
The town Zoning Board of Appeals considered two issues. The first issue was whether Salton's activities predated the current zoning laws, and the second was whether Salton's actions on his property constituted a "home occupation" under the Town of Mayfield Zoning Law, a Friday court document states.
The town Zoning Board of Appeals then ruled Salton's property a home business in October 2011 due to the property's residential zoning. This was in response to a letter from the town of Mayfield code enforcement officer gave to Salton around June 10, 2011.
Through his attorney, Carmel Greco, Salton filed an Article 78 legal challenge to the town's interpretation of the law Feb. 2.
Town Code Enforcement Officer Michael Stewart said that Salton now is in violation of the town's zoning regulations because of the documents he has for the animals.
"Part of the main issue is the licenses from the DEC and USDA [have him] exhibiting them, and he's considered to be running a home occupation," Stewart said.
On April 24, the two parties agreed to let Salton file the appropriate application to the town Planning Board.
"By letter dated Nov. 1, 2012, the court received notification from the petitioner that his application to the Mayfield Planning Board for a 'home application' in a R-1 Residential District had been denied by the Planning Board," the Dec. 7 court document states. "This notification was confirmed by the respondent in a letter dated Nov. 2, 2012, from its counsel to the court."
Salton has 30 days to appeal the most recent ruling.
"If he doesn't file an appeal, he would [still] be in violation of the town zoning regulations," Stewart said.
Salton did not return a phone call seeking comment for this story.
John Borgolini covers rural Fulton County news. He can be reached at firstname.lastname@example.org.