Residents meet over concerts, store

Trustees noted there is little elected officials can do to stop a private land owner or private business from selling land.
By JOHN W. GOODWIN JR.
VINDICATOR STAFF WRITER
BOARDMAN -- Residents packed the township government building Tuesday night with a myriad of concerns about noise, loss of trees and a potential store that most say is not needd.
Trustees tabled the second reading of an amendment to the home-rule resolution on noise regulations, but that did not stop supporters and opponents of the change from speaking.
Most residents believe the change, which would make all outdoor concerts stop at 10 p.m. instead of the current midnight deadline, is directed toward Dave Roberts, owner of the B & amp;B Backstage outdoor-concert venue on U.S. Route 224. Roberts was not at the meeting.
Review of resolution
Trustees said the Mahoning County prosecutor's office is looking over the legalities of the resolution.
"We are giving the public a chance to tell us what they think," said Trustee Tom Costello. "Our legal counsel is going over the resolution as it stands to make sure it will hold up against all legal challenges."
Half the residents at the meeting spoke in favor of quieting down the outdoor entertainment, and the others spoke in favor of allowing Roberts to continue holding concerts without new restrictions.
Some residents said they live up to two miles away and they cannot open windows or watch television at a normal volume on concert nights. One man said he was unable to get any sleep one night last summer.
Two women, including resident Lori Casey, said the noise last summer was disruptive to their newborn babies. Casey said her first night home from the hospital after delivering her child proved to be one with no rest after listening to the music from the B & amp;B Backstage.
Still others said it is unfair for trustees to change the rules associated with outdoor concerts after Roberts has invested the time and money into his business. Roberts worked closely with township officials and got the necessary clearance before building the temporary stage and outdoor seats in the Bull and Bear Tavern parking lot.
Costello said he is unsure when the prosecutor's office will be finished reviewing the resolution. The next concert is scheduled for June, he said.
Sam's Club relocation
Noise was not the only thing on residents' minds. Many had things to say about Sam's Club moving to a new location at 6361 South Ave. a few blocks from its current South Avenue location -- and there was little or no support for the large wholesale chain.
Most residents seemed to be concerned about the loss of trees on the 17-acre lot where the store could be built. There also were concerns about traffic, a drain on police and fire, and creating more noise. Residents called on trustees to somehow curb the move -- or face seeing themselves defeated at the next election.
Trustees, however, explained there is very little elected officials can do to stop a private land owner or private business from selling land or expanding to a larger facility. Administrator Curt Seditz said the company would have to adhere to all zoning regulations.
"Can we say to them, 'Don't cut your trees down'? Home rule or not we are not permitted to do that," he said. "They will have to conform to the strictest codes of zoning."
Resident Beth Stanko said she doesn't favor the Sam's Club move, but believes there is little that can be done if the township does not own the property. She suggested trying to work something out with the owners of the vacant lot or Sam's Club.
"I don't think the public understands how the trustees' hands are tied," she said."
Sam's Club has not submitted official plans to the township, but did apply for an alcohol permit on the proposed site and has listed its current Boardman location as available on a real estate Web site.
The alcohol request was defeated by voters last week. John Bisio, a Sam's Club spokesman, said the company would "continue to press on" in the wake of the permit failure.
jgoodwin@vindy.com