For the Express
MAYFIELD — The attorney for the owner of exotic cats has asked the courts to intervene after the town’s zoning board upheld a determination that he is running a business by showing off the animals and asking for donations.
Steve Salton of 3240 Route 30, Mayfield, houses and exhibits three tigers and two leopards at his home in an R1 residential district and books appointments to show them to the public in accordance with state and federal permits that allow him to keep the animals.
He uses donations to maintain his wildlife compound and care for the exotic animals.
Mayfield Supervisor Richard Argotsinger said that Salton’s attorney, Paul L. Wollman of Amsterdam, is pursuing an Article 78 special proceeding against the town.
“Code Enforcement Officer Mike Stewart served him, he challenged his decision, and that’s what went to the zoning board of appeals,” Argotsinger said. “They determined he was a business so then he had the 30 days to go to the planning board or file an Article 78.”
Stewart made a determination that Salton is running a business based on a number of factors and said he had two basic options after the zoning board upheld his findings in October.
He could either go before the Mayfield Planning Board for a site plan or challenge the zoning board’s decision in court, but Salton has apparently chosen the latter.
“Mr. Salton’s attorney has asked from the court a stay from the 30 days, which I don’t know if they have granted that yet,” Argotsinger said. “If they grant that then he has 120 days to file his Article 78 petition and that process evolves from there, which is not a short one, either, I’m afraid to say.”
Mayfield Town Attorney Carmel Greco said the special proceedings are used to challenge a finding by government entities.
“Technically, it’s being brought for the court to review the decision of the zoning board of appeals,” he said. “That is the mechanism for reviewing the determination of an administrative agency, an Article 78 proceeding is the remedy so to speak.”
Concluding, Greco said, “What they’re asking for is a court review of the correctness of the zoning board of appeal decision in the matter.”
The town’s attorney said he is not sure how long it would be before the matter was resolved.
“It’s up to the judge to whom it is going to be assigned how long it will take,” said Greco.
Wollman did not return a call for comment and when called about commencing the special proceeding, Salton hung up the phone.
Under the conditions of his state and federal wildlife permits, Salton must exhibit the animals for educational purposes and not as “pets.” If those conditions are not met he could end up in violation of the terms of the permits allowing him to keep the animals.
As a home business he is required to submit site plans to the town’s planning board in order to set up shop and he may be subject to special use permit and other local regulations under the town’s zoning code.