Boston Heights Overlook
This is a publication of
Boston Heights Overlook.
Not an official public document by, of or for
the Village of Boston Heights OH.
Results of the 5 October 2005 7PM meeting of the
Board of Zoning Appeals
Boston Heights Zoning Code
Boston Heights Business & Location List
Deputy Solicitor Jason Dodson acted as legal counsel for the Planning Commission and BZA. Zoning Inspector David Himes and Engineer Steve Schreiber also attended.
BZA #1: Maximum Performance & Handling LLC
5824 Akron-Cleveland Road, Units C,D,E (at Boston Heights Commerce Center)
Application for conditional use for "Motorcycle Service Repair & Retail" business in a Light Manufacturing District.
Maximum Performance & Handling LLC (charter #1225786) is operated by Mr. Doug Duane. The company has for some time occupied a part of Boston Heights Commerce Center, at 5824 Akron-Cleveland Road, a multi-tenant facility owned by Kallstrom-Taylor Partnership LLC. This is a 13560sq.ft. office/warehouse building on a pair of lots: 4.26A (parcel #1300194) and 2.85A (parcel #1300465) in the LM Light Manufacturing district.
The company never had a use and site plan reviewed and approved by the Planning Commission, as required by the Village Zoning Code. At last month's Planning Commission meeting, Mr. Duane appeared to explain that MPH sells motorcycle performance parts and services. It was determined that the company did not have a permitted use under the LM, RB or GB districts, which apply here. Mr. Duane was therefore advised that he must seek a conditional zoning certificate from the BZA, for a conditional use under CO 1160.03(f) and CO 1161.03(c).
Mr. Duane appeared before the BZA to explain his request for a conditional use. His company uses the front portion of its facility for retail sales of motorcycle accessories, and the rear portion for repairs, dynamometer testing and painting. In response to questions from the Board, he explained that the dyno testing is carried out in a closed, sound-insulated chamber and so is very quiet. Some racing fuel is sold, but only in containers package for retail shelving. The paint facility, though styled as "Bodacious Cycle Paintworks" (Registered Trade Name RN222652 for Lorie Bodalski), is purely a function of the MPH company, not a separate company. Mr. Duane stated that separate signage for the painting operation was being removed. He explained that painting was carried out in a pre-manufactured air-filtered paint booth, with suitable storage and disposal of all solvents, paints and hazardous materials.
On a motion by Ed Fetko, the BZA granted the conditional zoning certificate for the use as explained, with two conditions: (1) MPH must immediately supply documentation for the paint facility that demonstrates its compliance with all applicable regulations; (2) MPH must arrange for an inspection by the Village Fire Department, and receive approval therefrom.Resolution:
PC #1: Maximum Performance & Handling LLC
5824 Akron-Cleveland Road, Units C,D,E (at Boston Heights Commerce Center)
Request for approval of site plan per CO 1151, for a "retail service and sales" business in a Light Manufacturing District.
See the explanation of the conditional use request by Maximum Performance & Handling LLC (charter #1225786), above. As the BZA had granted a conditional use, the PC proceeded to consider the use and site plan.
Mr. Duane explained the layout of his company's operation in further detail, noting hours of operation, parking, and requested signage. The Planning Commission approved the use and site plan (essentially as the operation has existed for several years, plus the painting facility), along with building and front-yard signs.Resolution:
PC #2: Lorillard Tobacco Company
5824 Akron-Cleveland Road, Unit F (at Boston Heights Commerce Center)
Request for approval of site plan per CO 1151, for an "office-warehouse" business in a Light Manufacturing District.
Lorillard Tobacco Company (charter #764165) bills itself as "America's oldest tobacco company". This local office, apparently managed by Mr. Tom Kelley, has for some time occupied a part of Boston Heights Commerce Center, at 5824 Akron-Cleveland Road, a multi-tenant facility owned by Kallstrom-Taylor Partnership LLC. This is a 13560sq.ft. office/warehouse building on a pair of lots: 4.26A (parcel #1300194) and 2.85A (parcel #1300465) in the LM Light Manufacturing district.
The company, however, never had a use and site plan reviewed and approved by the Planning Commission, as required by the Village Zoning Code. Approval of the company's sign(s), if any, may also be required.
This matter was deferred last month, since no one showed up to speak to the application. In the meantime, additional information on the company's distribution and warehousing operation has raised a question as to whether this is a permitted use, or might require an application for a conditional use.
Once again, no one from Lorillard showed up this month. There was some question as to whether Mr. Charlie Taylor, the landlord, would address the matter -- but he left the meeting. Mr. Duane of MPH stated that he had been empowered by Mr. Kallstrom, another landlord, to speak for Lorillard. However, after some preliminary questioning the PC determined that they needed more detail about the operation than Mr. Duane could supply. The PC then deferred the matter to next month, asking the Zoning Inspector and/or Solicitor to remind the company to show up.Resolution:
PC #3: Dennis Cerny
6367 Chittenden Road
Request for approval of use and site plan per CO 1151, for "storage" business in a Light Manufacturing District.
This 9.2A lot consists of two 4.6A parcels (parcel #1300230 and (parcel #1300232) owned by Mr. Dennis Cerny of Northfield OH, operator of Cerny Excavating & Trucking. This is vacant property within the LM Light Manufacturing zoning district, just south of Dunn-Rite Roofing's "Boston Commons" complex. The Village of Boston Heights is currently involved in a legal matter with Mr. Cerny over the condition and use of this property (Case # CV-1997-10-5421). Click here for the Court's Stipulated Entry (agreement) of 17 May 2005.
The Planning Commission has been hearing from Mr. Cerny's various lawyers since its March 2005 PC meeting. Last month, additional engineering documents were presented to satisfy the concerns of the Village Engineer.
This month, Village Engineer Steve Schreiber pronounced himself mostly satisfied with the engineeering information supplied by the applicant. He noted that EPA approval had been received for the septic facilities, and that the depiction of the sanitary facilities was finally OK. He did state that he wanted the rear grading of the property to be the same as per previous drawings, and that further drainage calculations must be submitted and met in practice.
After some further discussion of the site, the Planning Commission approved the site plan under a detailed motion noted specific conditions. One of these prescribed the geometry and maintenance of a certain drainage ditch along the property line, subject to a legal agreement between the Village, Mr. Cerny, and his neighbor Anthony Ulmina of Dun-Rite Roofing.Resolution:
PC #4: Consideration of long-term Village planning issues per Council Res. 31-2004.
With Resolution 31-2004, Village Council asked the Planning Commission to enter into discussions with adjacent communities and to consider planning and zoning coordination, including the possibility of residential growth limitation. Previously, PC member and Council representative Dr. H. Michael Cheung announced that he would bring to the PC a draft response to this mandate.
This month, Dr. Cheung reported that he had received from Mr. Hinkle some historical documents on the background of the most recent comprehensive rezoning within the Village. He was proceeding to compile a narrative that would reflect the history and intent of the Village's land use and zoning plan.Resolution:
PC #5: Consideration of further changes to Zoning and Building Codes.
Dr. Cheung explained that Council had referred consideration of a ditch culvert enclosure policy to the Planning Commission. There was a view that, while open ditch drainage was the norm within the Village, there were sometimes extenuating circumstances that would make an enclosed ditch preferred from a drainage and maintenance aspect. Council wanted all costs to be carried by the requesting property owner, and all variances to allow such enclosure to be approved by the Village Engineer. Dr. Cheung would arrange for a draft version of this policy to be drawn up.
On another note, Solicitor Jason Dodson reported that an official codified version of the Zoning Code would soon be available for the first time since 2003.
Mayor Ray McFall reported that, at the Village's request, ODOT would soon arrange to remove the derelict signs from its two properties at Route 8 and Boston Mills Road.Resolution:
Some documents are Public Domain Information
from the Village of Boston Heights OH or other public entities.
Other materials Copyright 2001-2005 W.J.Hinkle and Boston Heights Overlook
Boston Heights Overlook and BostonHeights.Org are not affiliated with the Village of Boston Heights OH.