MAYFIELD - The owner of five controversial big cats has filed an Article 78 petition in an attempt to overturn a ruling by the town's Zoning Board of Appeals that he is running a home business.
Steve Salton of 3240 Route 30, Mayfield, keeps three tigers and two leopards in cages outside his home, which is in an R-1 residential district. He shows the animals by appointment and asks for donations to help with the cost of feeding them.
After town officials heard complaints from several of Salton's neighbors and other town residents, the town Zoning Board of Appeals ruled in October 2011 that he was engaged in a home business, which would require him to file a site plan for review by the town Planning Board.
Salton's petition challenges the ZBA's interpretation of the "home occupation" section of the zoning ordinance, pointing out the animals are kept in "separate strong cages" not attached to the home. The document criticizes the ZBA's decision as "illegal, unconstitutional, arbitrary, capricious and improper."
Salton's lawyer, Paul Wollman of Amsterdam, prepared the petition invoking Article 78, under which a party can legally challenge a decision made by an administrative body such as a Zoning Board of Appeals. The petition was filed Wednesday at the Fulton County Courthouse.
Salton said Friday Wollman has advised him not to comment. Wollman was unavailable for comment Friday.
Mayfield Town Attorney Carmel Greco declined to comment Friday.
Mayfield Town Supervisor Rick Argotsinger confirmed Friday the town was aware it might face an Article 78 proceeding from Salton.
"Our code enforcement officer, Mike Stewart, determined that Mr. Salton was running a home business," Argotsinger said. "The Zoning Board of Appeals said the code enforcement officer was correct."
Salton has state and federal permits that allow him to keep the animals, as long as he exhibits them for educational purposes rather than treating them as pets.