BOARDMAN Store's foes learn limits

The county prosecutor says enacting certain restrictions on private property could land the township in court.
By JOHN W. GOODWIN JR.
VINDICATOR STAFF WRITER
BOARDMAN -- Many residents here have made their opposition to a new, larger Sam's Club store clear to township officials, but those officials may be limited in their ability to stop the move.
Individual residents, citizens groups and business owners have voiced concerns about the business's potential move from one South Avenue location to another, undeveloped lot a few blocks away -- citing a perceived negative impact by the store on traffic volume, noise levels, water drainage, property values and the environment.
The 17 acres just north of the Lowes home improvement store on South Avenue is owned by a group of investors of the Mayo and Orvets families, and National City Bank.
Sam's Club has expressed interest to township officials in making the move, but no plans have been submitted.
Trustees have heard an array of suggestions from citizens who want to prevent the store from moving, including rezoning the undeveloped property from commercial. That, according to zoning inspector Lou Rescineto, is not possible.
"We cannot rezone a piece of property simply because we do not like what is going to go on the land," he said. "The only person that can make that request is the property owner."
One suggestion
Rescineto said any group of citizens that wants the property rezoned and never developed would have to buy the land and request a zone change.
"You have a piece of property on a four-lane road that abuts a freeway -- it's going to be developed," he said.
Another concern has been the removal of trees on the site for development -- trees that many believe Sam's Club will not replace. The company has not submitted any plans, or said how the land would be developed if it decides to make the move.
Darren Crivelli, assistant zoning inspector, said the township has a site plan review to address trees and green space.
According to Crivelli, any company building in the township is required to maintain a minimum of 10 feet of green space in front with an additional 2 feet for every 100 feet of depth.
He said 20 feet of green space must be maintained in the rear with pine tree fencing, or 30 feet of green space with a solid-wood fence. A minimum of 3 or 5 feet of green space must be maintained on the sides.
Crivelli said 10 trees and 25 shrubs are required for every 100 feet of green space. One tree must also be planted for every 10 parking spaces. Those trees may be planted anywhere on the property. Landscaping is to be used to screen parking areas from adjacent residential areas.
The site plan review spells out many additional requirements for building in the township.
Several residents have said the township green space and tree requirements are not enough, but Crivelli said the township cannot enact zoning regulations that amount to taking private property.
"This is a give-and-take situation," he said. "You write an ordinance that promotes public health, safety and welfare, but you cannot write it so that it is a taking of the land."
Study sought
Township Trustee Kathy Miller has been touted as the main supporter of those who are opposed to the Sam's Club move or any other additional large stores' making the township their home.
She said she's not opposed to the move or the land's being developed in the future. Miller, however, would like to see an "impact study" conducted before that time.
From the study's findings, she said, certain restrictions and limitations could be placed on building size and landscaping.
In the case of Sam's Club, Miller said she would like to see such things as a performance bond ensuring the potentially large store will remain open and not empty, sound barriers, design conducive to the high traffic of the area and a larger buffer zone from residential areas.
Mahoning County Prosecutor Paul Gains, acting as legal counsel for the township, said enacting certain restrictions on private property could land the township in court. He said spot zoning -- applying zoning regulations targeted at one person or business -- is illegal.
"They cannot enact regulations designed to prohibit a person from doing what they want with their property. The constitution gives us the right to, within reason, do as you please with your personal property," he said.
"The trustees are government officials and bound to follow the law. They do not want these taxpayers' dollars spent on legal bills."
According to Gains, even if the regulations were changed for all properties after Sam's Club expressed an interest in the South Avenue site, the company could take the matter to court arguing that the change was made to prohibit its business.
jgoodwin@vindy.com