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Boston Heights Overlook
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This is a publication of
Boston Heights Overlook.
Not an official public document by, of or for
the Village of Boston Heights OH.
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General Notes
Solicitor Russ Pry acted as legal counsel for the Planning Commission and BZA.
Zoning Inspector David Himes was also in attendance, as was Engineer Steve Schreiber.
Planning Commission (PC): present were Mayor Ray McFall, Chairman Chuck Robinson, Council P-PT Bill Goncy
(replacing, for the evening, the absent Council Rep. Mike Cheung),
John Codrea, Bob Campbell. The PC deferred approval of the (still pending) minutes of the
previous meeting and disposed of their agenda.
The PC once again decided to not yet revisit its recent work on proposed changes in sign regulations, etc.
The Board of Zoning Appeals (BZA) did not meet.
Village Engineer Steve Schreiber reported:
- The Hummert Estates
plat plan was to be revised to move two lot lines, due to concerns from the County on the septic system.
Mr. Schreiber is reviewing these modifications.
- A new subdivision, Chestnut Estates, was being proposed for the
"old Hudson property" on Boston Mills Road. The original plan
(to which the adjacent homeowners, to the east, objected)
had been for four houses; the new plan is for only three houses.
- The developer of the Meghan's Lane subdivision on Olde Eight Road was notified that the erosion barriers
and surface drainage from the construction must be corrected.
- The sewer line excavation along Olde Eight Road (for Meghan's Lane) is going slowly and is far behind schedule.
There was some speculation that this was due to the rock being removed. Mr. Schreiber stated that he had
informed the excavator that any damaged drainage culverts must be fixed immediately, not when the
project is completed. They must also inform residents when their utilities were to be interrupted (there
was a citizen caught in the shower when his water was cut off unexpectedly). The Engineer had denied the
excavator's request to backfill the line with recovered sandstone, as it did not meet the village specifications.
There was a general discussion of the amount of dust being raised by jackhammering the underlying stone, and
how that might be suppressed; Mr. Schreiber will notify the excavator of the need to control this dust "fog".
Mr. Kevin Lightner asked whether cost overruns in running this sewer line might eventually be reflected in the
tap-in costs to residents along that line; Mr. Schreiber said it was possible, but he would have to inquire as
to the details of the County agreement with the developer on this point.
There was a discussion as to whether the unused mailbox (collecting debris) could be removed from in front of
Meghan's Lane. Mayor Ray McFall said he would contact the Post Office.
Council Rep. Bill Goncy (alt) asked Mr. Schreiber if 4 hours per day was sufficient for his inspector to monitor
the sewer excavation on Olde Eight. Mr. Schreiber said more time was being applied when required, e.g. to
monitor for proper backfilling; he added that all the costs of this inspector, and that at Annabelle Lake Estates,
were being borne by the developers, not the Village.
Solictor Russ Pry stated the Village had reached agreement (on 30 July 2004) for a
"stipulated permanent injunction" to settle the Village's lawsuit against
Mr. John Brumfield (Concrete Dimensions Inc.)
of 7740 Olde Eight Road.
The Permanent Injunction is
available online. As summarized by Mr. Pry:
Mr. Brumfield will remove certain vehicles and modify his operation to
come into compliance with his original 1983 variance, by 16 August 2004. If not found in strict compliance,
the Court reserved the right to rescind his variance to operate a landscaping business at his residence.
For the recent history of this matter, see:
May 2002 Council,
September 2002 PC/BZA,
November 2002 PC/BZA,
December 2002 PC/BZA,
June 2003 PC/BZA,
and the record of the lawsuit
filed by the Village on 23 November 2003: Case CV-2003-11-6883.
Ms. Mary Griffith asked whether the Mayor had any comment on recent reports of a soccer stadium proposed for
North Summit County, possibly in or near Boston Heights. Mayor McFall stated that this was not a topic
relevant to the Planning Commission meeting. Village Office Clerk Maryann Bode stated that (to her knowledge)
the Village had not been contacted on this matter.
Carse Investments LLC
Requesting approval of a sign to advertise the construction of the Meghan's Lane subdivision, on the
former Donley Farm at 7657 Olde Eight Road, parcel #1400026.
Mr. John Carse, of
Carse Investments LLC,
had earlier received preliminary/conditional approval of the
"Preliminary Street Plan", and frontage variances on three lots.
Village Engineer Steve Schreiber had recently reported that the sewer line for this subdivision was in the process
of being installed along Olde Eight Road, and grading was underway.
At a previous meeting, Mr. Tony Crasi had informally discussed a proposal for a sign that would
resemble a planned gatehouse for the entrance to the subdivision.
This Month
Mr. Crasi presented a plan for signage to be mounted on a gatehouse at the entry to the subdivision, which would
be 50 feet back from the right-of-way. There would be a permanent subdivision identification sign and a temporary
real estate sales sign that would remain while there were lots to be sold. The Planning Commission determined
that the Temporary Sign Ordinance (Chapter 715) would govern the temporary sign. Solicitor Russ Pry suggested
that the Planning Commission make no formal review and take no action until a Homeowners' Association agreement
was submitted that would spell out who would own and maintain this structure. Mr. Crasi agreed to pass this
along to the developer, and withdrew the current application.
Resolution:
Withdrawn from review by Planning Commission.
Back to the Agenda/Map
Steve Hutchinson
Unspecified request regarding the corner of Hines Hill Road and Olde 8 Road. This may be the rumored proposal
for a church at the southeast corner. If so:
This corner is the remnant of the parcel largely purchased by the USA in 2002, for an
Army Reserve Center.
This 8.91 acre lot, parcel #1300723, is currently zoned
OP Office-Professional District. It is owned by
Second Green LP (Charter #1135552);
see the Army Center FAQ for more information on this company.
This Month
As last month, no one showed up to advance this request.
Zoning Inspector David Himes briefed the Planning Commission on his limited knowledge of matter: An unspecified
church group was indeed interested in building a church on this site, if they could raise the money and come
to an agreement with the property owner. A gentlemen in the audience stated that he represented that owner,
Second Green LP, and that they did not have any kind of option or agreement with the church group. Mayor
McFall and Solicitor Russ Pry determined that this property was zoned OP Office Professional, and that
churches were not a permitted or conditional use in that district. The PC further determined that the
applicant was not only absent but lacked standing for any requests regarding this property.
Resolution:
Denied by Planning Commission.
Back to the Agenda/Map
Consideration of Zoning and Sign Ordinance Changes
The Planning Commission (in consulation with the BZA) has been considering requests by Zoning Inspector David Himes,
and Council representative Dr. Mike Cheung, for review of
various parts of the Zoning Code and other Codified Ordinances of the Village of Boston Heights.
N.B. Some of these items had been reviewed at the March 2004 meeting,
but have not yet receive an official recommendation by the Planning Commission.
- sign language to cover each district - size, height, placement
- fences - type, height, opening/no openings, post placement
- outdoor storage for each district
- Occupancy Permits - who provides - see CO 1375.01(C)(3)/(4) and 1147.01(B)
- Required 5000 foot spacing between service stations, per Zoning Code 1159.04(1)(A),
and unspecified spacing between self-storage facilities.
Previously, Dr. Cheung acknowledged a consensus that the village's sign regulations were too confusing.
More immediately, Liberty Harley-Davidson had asked to have a larger
elevated sign (along the Turnpike) than is currently permitted.
Some of the current code references include:
- Signage Fees 1101.05(a)
- Home Occupation signage 1141.23
- Residential signage 1153.01(d)(3)-(4)
- Office Professional District signage 1155.08
- Service station signage 1159.04(1)(E)(6) (usually ignored!)
- Raised advertising signs 1171.13
- Illuminated sign permit: Building Code 1385.02(b)(4)
- Residential and Business sign limits: Building Code 1385.09(a)
- Sign maintenance requirements: Building Code 1385.09(b)
- Planning Commission sign review: Building Code 1385.09(c)
- Service station pricing sign regulations: Section 709
- Temporary Sign Ordinance: Section 715
The subject of fencing and outdoor storage had been discussed, without resolution, at the
September 2003 and October 2003 meetings of the Planning Commission.
The main fencing regulation is currently Zoning Code 1171.07(a).
The main outdoor storage regulation is currently Zoning Code 11571.01(f)(1).
The question of service station spacing was raised by Omni Realty's proposal for a Sheetz gas station at the
southeast corner of Hines Hill Road and Route 8 -- at the site of the derelict hotel. That site is much closer
than 5000 feet to several existing stations: Boston Heights Marathon (481 ft); BP @Boston Mills (2563 ft);
Starfire (3082 ft). Dr. Cheung suggested a new limit of 500 feet, measured from parcel lines.
Dr. Cheung has also suggested that a similar revision might be made to Self-Service Storage spacing,
per Zoning Code 1175.02. While that section requires 1000ft spacing to
certain other uses, it specifies no spacing between such facilities. Dr. Cheung suggested a minimum 1000ft spacing.
A proposal for new sign regulations was developed by a working group and briefly reviewed at the April 2004 meeting.
This Month
The PC decided to defer this matter once again, presumably due to the absence of Dr. Cheung (Council Representative to the Planning Commission).
Resolution:
Deferred by Planning Commission.
Back to the Agenda/Map
Some documents are Public Domain Information
from the Village of Boston Heights OH or other public entities.
Other materials Copyright 2001-2004 W.J.Hinkle
and Boston Heights Overlook
Boston Heights Overlook and BostonHeights.Org are not affiliated with the Village of Boston Heights OH.
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