Dayton Daily News

WARREN NEIGHBORS OPPOSE SEPTIC-TANK BUSINESS

Warren County homeowners vow to appeal decision allowing cleaning operation in area.

- By Lawrence Budd

Several Warren FRANKLIN TWP. — County homeowners are expected to appeal a decision allowing a septic-tank cleaning business to continue operating in their neighborho­od.

Two weeks ago, an appointed judge ruled SepTek Services should be allowed to continue to operate on Beal Road in Franklin Twp. despite opposition from neighbors, including a retired local judge.

“The critical decision was made some time ago when the Board of Commission­ers allowed more intensive conditiona­l permitted uses, many of which are at least as intensive,” James Brogan, appointed last year by the Ohio Supreme Court, said in his ruling in Warren County Common Pleas Court.

Still Roger Eckert, a lawyer and a spokesman for the neighborho­od group, said he expected they would take the dispute to the next level.

“It would be my expectatio­n that we would be appealing that decision,” said Eckert, a former Springboro law director who lives on Beal Road. “There are a lot of issues that are left unresolved.”

Brogan ruled on an appeal brought last year by the homeowners of a decision by the Warren County Rural Zoning Board of Appeals permitting SepTek to operate under a conditiona­l-use permit.

“Because of the real and legitimate concerns” of the residents, Brogan added, “the Zoning Inspector should vigorously enforce the conditions.”

The board of appeals set conditions, limiting the operation to five of 16 acres and barring the business from storing, treating or dumping “effluent, bio-solids and the like” on the property.

The conditions also limit vehicles used in the business and require SepTek to plant at least 25 trees, half evergreen, and build a berm to buffer the neighbors.

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