AURELIUS - The Aurelius Planning Board met Tuesday night to consider a request for a variance for the storage of fireworks on agriculturally-zoned property.

Nancy Delaney, co-owner of property at 1214 Clark Street Road in the town, allowed explosives from Auburn TelStar Fireworks Inc. to be stored in six trailers located in various spots on her property.

Completing its comprehensive plan, the planning board became aware of the zoning violation going back to the early 1980s when the Aurelius Fire Department was notified of the contents.

“It's not zoned for this type of use,” planning board chairman Gerald Scouten said. “It needs another 150 feet in depth to give enough footage for a proper setback.”

Warehousing is only allowed in an industrially-zoned district. Delaney's warehousing activity on agricultural property has been in violation since it began.

Four of the storage units are properly set back, but two remaining units go beyond the 500 feet allowed for a commercial zone.

“The owners of the trailers would have to pick them up and bring them forward,” Scouten said.

Kevin Foster, deputy fire chief, said he would just as soon have the storage units stay in their present location for safety issues. He said if they were moved forward it might create additional problems.

Scouten said that TelStar's sales manager, Steve Pierce, found it cost prohibitive to move the trailers because Alcohol Tobacco and Firearms (ATF) regulations require them to be emptied before moving and then reloaded.

“If he has to move them, he'll remove everything,” Scouten said.

There are 10,000 pounds of explosives stored on the property, the maximum allowed by the ATF. Scouten said he had no knowledge of the violation until some time last year.

The planning board could choose from three zoning board recommendations: refuse the request for a variance, grant a variance without condition, or grant a variance with conditions.

Three of the five planning board members were present; two voted for a negative recommendation, one for a positive recommendation with no conditions.

The Zoning Board of Appeals will meet at 7 p.m., Monday, Sept. 8 at the town offices to hear the request for an area variance for the property.

Scouten reminded Delaney that even if the planning board makes a negative recommendation, the zoning board can still go ahead and grant her request.

“I'd say thank you if I really felt you really knew what you were getting into,” Delaney said.

“It was the best kept secret in town,” Scouten said.

He remarked there would be no reason for a casual observer to suspect that the property was anything but agricultural.

“It's in a very safe, secure area,” Delaney said. “We didn't do anything to keep it secret. At the time we paid agricultural taxes - that's what they allowed it to be.”

John Henry asked about taxes due on a variance for agriculturally-zoned property.

“I'm stuck with making money on property without paying taxes,” he said.

Scouten said Delaney paid taxes on agricultural use for a commercial venture.

Town justice Chad Hayden, within earshot of the meeting, said there might be a statute allowing for the collection of taxes going back five years.

Telstar Pyrotechnic Productions acquired Auburn TelStar Display Fireworks in 1990. It still maintains an office in Auburn, with Richard Kukella listed as president. TelStar, one of the largest fireworks display companies in the country, has offices in Massachusetts, Connecticut, Rhode Island, and New Hampshire,

The company provides fireworks display services for sporting events among other occasions.

Staff writer Kathleen Barran can be reached at 253-5311 ext. 238 or kathleen.barran@lee.net