POLAND Questions still surround Walgreens planned for village

A hearing on the latest variance request will be held July 28.
By JOHN W. GOODWIN JR.
VINDICATOR STAFF WRITER
POLAND -- The issues surrounding a planned Walgreens in the village continue to grow, making it uncertain whether the store will ever open.
Walgreens has applied for a variance in village parking requirements, seeking to have fewer parking spots than normally would be required for the planned store at McKinley Way (U.S. Route 224) and North Main Street (state Route 170). According to village officials, the store's size would require it to have 85 parking spaces, but it has room for only about 55 parking spaces.
The area where the store plans to locate is zoned village center commercial with a 4,000-square-foot maximum for retail businesses. The planned Walgreens would be nearly four times that size. The store has already been granted a variance to allow the larger building.
Hearing set
Councilman Bob Limmer, who also is a member of the zoning appeals board, said a hearing on the parking variance has been scheduled for July 28.
Limmer, however, believes the hearing should be postponed pending the outcome of legal action brought against the village and village council by Visconsi Companies, property developer, and David Untch and Gary Susko, current property owners, in Mahoning County Common Pleas Court. He said the litigation places him in an awkward and legally compromising position to pass judgment on a variance for property owned by individuals by whom he is being sued.
Limmer could remove himself from the appeals board proceedings, but he said that would be a violation of his rights.
"I feel since I was appointed to the board [of appeals] I have a right to participate," he said.
Village Solicitor Damian DeGenova said the lawsuit stems from an ordinance passed by council earlier this year disapproving the size variance granted to Walgreens by the zoning appeals board. The ordinance was later rescinded, but DeGenova said those who filed the suit are looking for council approval, not only rescinding of its disapproval.
According to DeGenova, the lawsuit could be dropped if council would pass a motion approving the variance, but he said council has not mentioned doing that.
Petitions
In the meantime, village residents have taken up petitions to place the issue on the November ballot for a vote on the size variance granted to the store.
Clerk Linda Srnec said 114 signatures were needed to place the issue on the ballot, and 201 were collected. She said the Mahoning County Board of Elections has verified the signatures, which must now be certified by the elections board.
jgoodwin@vindy.com