The Richfield Township Trustee Meeting was called to order at 6:02 pm on November 4, 2002.

Roll Call: Trustees: Present – Shano Cica-Mraz, Laurie Gilmore, Robert Hooper
Clerk/Treasurer: Mark Uhrich

Others present: Linda Bowmer-Office Administrator, Police Chief Canter, and Laurie Pinney – Zoning Inspector.

Ms. Mraz made a motion at 6:03 p.m. to enter into executive session to discuss pending litigation, seconded by Mr. Hooper, motion approved unanimously.

Ms. Mraz made a motion to end the executive session at 7:15 p.m., seconded by Mr. Hooper; motion carried unanimously.

Continuance of the request by Richfield Township Zoning Commission to review the proposed revision to a development plan in an R-4 zoning district and return comment to the Zoning Commission for review at their 12/12/02 Public Hearing.

Ms. Mraz – The Trustees and the Zoning Inspector have listened to the developer and the township must review what changes the developer wants.

Ms. Pinney – Upon review of the matter, the BZA supported the Zoning Inspector’s decision.

Ms. Mraz - The applicant asked for a continuance to gather documents. We granted the applicant the continuance. When the developer comes back to us, they must show the burden of proof to allow further construction. Since the applicant’s representative is not here tonight, we ask the persons in attendance tonight not provide us their feedback on this issue. We would prefer to hear your feedback when a representative of the applicant is here to respond..

Because the applicant lost the BZA matter they likely have four options:
1) Proceed under the current application to the Zoning Commission;
2) Glencairn could seek a variance from the BZA;
3) The applicant could ask for an amendment to the Zoning Code (which includes the following steps – Ask the Zoning Commission to amend the code, then the matter proceeds to Summit County. The matter would come back to the Township for a Public Hearing and possible adoption and then the matter could go on the ballot on Referendum);
4) The applicant may revert to the June 2001 approved plan and the project would move forward.

This matter will be placed on the November 25, 2002 Trustee meeting agenda. Please visit our web site, Richfield-twp.org for an updated agenda.

We plan to cancel our regularly scheduled meeting for November 11, 2002; therefore, we will conduct some regular Township business this evening.

Mike Caporale, 3668 Shetland Trail, Why are they continuing to develop the property?

Ms. Mraz – The Township and Summit County approved this project in June of 2001 and general construction activities such as tearing down trees, excavating, etc. can take place without the Township regulating these activities. We are doing our best to slow them down with everything we have the ability to regulate until this matter is resolved.

Mr. Charles Brinkman, 3400 Robert Burns, could we ask for a continuance?

Ms. Mraz – Yes.

Mr. Bob Stone, 3601 Glencoe Road, “They” were approved, but we have an issue of who is “they”? There is a ruling in place that should limit this activity.

Ms. Mraz – Good point, but they put in the roads and sewers on an application that was already approved.

Mr. Stone – This is an agent not the owner (doing the work), the ruling from the BZA is in place.

Ms. Mraz – The BZA ruling was on the recent application not the June 2001 approved project. Once they initiated work that deviated from the June 2001 plan and Ms. Pinney became aware of this, we implored them to cease all activity. But things like road and sewer construction is not within our control.

Mr. Stone – This is an important issue, something new is started that does not meet the zoning code. The ruling was not a part of the approved plan and the BZA is the ultimate arbitrator on this issue, this matter could be appealed to the Common Pleas.

John Slagter, Richfield Township legal counsel - First, as property owners you have the authority to bring legal action as found in the Zoning Code. The Glencairn subdivision is an approved subdivision that is out of our control. Richfield Township can not regulate road and sewer construction. What can we regulate? The R-4 district. So, as soon as we became aware of possible zoning code violations we intervened. The developer may go back to the beginning, that is, Mr. Biggar may regain control and the single entity issue may be resolved. If the plan looks like the same plan as approved in June 2001, it would likely go forward. We cannot just jump in and request an injunction. We cannot regulate architectural issues, however, if you have those kind of issues, now would be the time to present them to the developer. Further, we do not have control on who is working on the construction of the streets.

Mr. Stone – The “who” issue is my concern. Who is controlling it (the development)? Is it the person that is going forward with this project OK? What is the legal opinion on “who” is going forward with this project? A developer comes to the community with plans that get approved and then there is no disclosure of subsequent ownership transfer. The person approved for this project is not the one working on the development as Mr. Biggar said he “has Zoning Code control”, but he does not have ownership.

Ms. Mraz – Those are good points, and we will consider those points. But until the developer comes before us again we have to wait. We are doing everything we can.

Mr. Brinkman – Does he know he is developing at risk? Could we contact HUD? They have set guidelines for home ownership organizations.

Mr. Slagter – Yes, we sent him a letter. Richfield Township does not enforce HUD regulations; our authority is derived from the Ohio Revised Code. If we think they are violating a zoning code, I’ll discuss the situation with Laurie Pinney.

Ms. Mraz – Let us reserve further comments until next meeting.

Ms. Brenda Conroy, 3455 Robert Burns Drive, Can he come to you (the Trustees) in a private manner and try to resolve this matter?

Ms. Pinney – No and most of our records are public.

Mr. Slagter – It depends on the forum if he approaches us. With the BZA, a matter is adjudicated upon and they lost their case. The Zoning Commission has tabled this matter and asked the Trustees for guidance.

Mr. Terry Squire, 3526 Crawford, What rights do we have as observers?

Mr. Slagter – The only person that is allowed to enter on property without trespassing is the Zoning Inspector, Ms. Pinney, unless it is a public right of away. The homeowners association may grant access to certain areas.

Chief Canter presented the Police report– Approximately, 33% of all the calls from October were based in the Township. The new DARE officer started today. New defibrillators were placed in all squad cars. The new jail is up and running.

Ms. Bowmer presented the Administration report– Revere students will participate in the Fast Break for Families. A basketball will be dribbled from the Ronald McDonald house starting in Youngstown and ending in Cleveland. The path will come through Richfield on November 14, 2002.

Luther Farms was the low bidder for the Senior Snow Plow program at $11.75 per plow. Ms. Gilmore made a motion to accept Luther Farms bid, seconded by Mr. Hooper, motion approved unanimously.

Ms. Pinney presented the Zoning report – The Zoning Commission's next meeting has been rescheduled to December 12, 2002 with the continuance of the Glencairn Public Hearing.

Ms. Mraz made a motion to cancel the November 11, 2002 Trustee meeting, seconded by Ms. Gilmore, motion approved unanimously.

No other comments from the public.

Ms. Mraz made a motion to conclude the meeting at 8:15 p.m., seconded by Mr. Hooper; motion carried unanimously.

_______________________ _________________________
Chairwoman Clerk

This page last updated on: 02/25/2006
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