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                                                                             Zoning Commission Meeting
                                                                             ZC-01-18, ZC-02-18, ZC-03-18
                                                                                         April 4, 2018
Members/Attendance:             X         Ron Massullo
                                                X         Gene McCullough
                                                X         Frank Mazzocca
                                                X         Frank Prusak
                                                X         Bill Gardner
Also in attendance:                 X         Bob Monus, Zoning Inspector
                                                X         Michele Richards, Recording Secretary

Ron Massullo called the meeting to order at 6:00 p.m. 

1st  Order of Business:

Ron Massullo stated that the first order of business is to approve the minutes from the meeting held on January 24, 2018.  Frank Prusak made a motion to accept the minutes from the January 24, 2018 meeting.  Frank Mazzocca seconded the motion.  All members were in favor.  Motion carried. 

2nd  Order of Business:

Case #ZC-01-18 –This is a request by Doug Susany to rezone one parcel of land from its current zoning classification known as Office (OF) District to a Town Center (TC) District in its entirety.  It is located on the northeast corner of Center Road (SR 224) and Olde Stone Crossing intersection and is located in Poland, Ohio, Poland Township, Mahoning County, and is known as parcel number 35-014-0-058.00-0, lot number 2.

 Items submitted to the zoning office:

  1. Application for Zone Change
  2. Letter of Intent
  3. Property description (Auditor)
  4. Property description (Zoning)
  5. Zoning District Map
  6. County GIS Plate Map (Aerial)
  7. Map showing requested zone change
  8. Request for zone change to Mahoning County Planning Commission
  9. Warranty Deed

Ron Massullo read a letter of opposition dated April 3, 2018 from Attorney Mark Fortunato, representing Medi-RX Pharmacy located at 6401 Olde Stone Crossing, Poland, Ohio, in regard to case #ZC-01-18.

Doug Susany
235 E. Water Street
Lowellville, Ohio

Susany stated he would like the property rezoned to commercial to market it as such.  He referenced the office buildings directly behind Burger King that have struggled to stay rented.  He stated that when Medi-RX purchased the property and when the condos were built, the property was zoned commercial.  The zoning was changed sometime in 2004 or 2005 during a comprehensive zone change without any input from the owners.  He would like the property turned back into commercial in order to spur some development in the township.  He stated he has no immediate plans for the property, but has some potential contacts for the property.

Massullo asked Bob Monus to clarify about the property being changed during a comprehensive zone change.  Monus stated that is correct, it was part of the comprehensive zone change done in 2004.

Massullo asked the Board members if they had any questions for Susany.

Gene McCullough referred to the letter from Mark Fortunato and asked Susany if he plans to comply with the mounding and setback request as stated in the letter.  Susany stated he has no immediate plans for the property, therefore, cannot answer at this time.

Bill Gardner asked Susany if he plans on a single use or multiple use tenants.  Susany stated that he cannot provide an answer until the zone change is approved, as he has no immediate plans for the property. 

Frank Prusak – none.
Frank Mazzocca – none.

Ron Massullo asked if anyone would like to speak in favor of this request.

John Kotchmar
6868 Center Road
Lowellville, Ohio

Kotchmar stated Susany is a friend of his, and a good businessman.  He feels that the township needs more support for commercial and industrial business.

Paul Parteleno
5429 Walnut Grove Circle
Struthers, Ohio

Parteleno stated he does not know Susany; however, the property in question has been empty for several years and is an eyesore to the community.  He is in favor of the zone change.

Ron Massullo asked if anyone would like to speak against this request.  No one responds.

Ron Massullo stated that this zone change request was approved by the Mahoning County Planning Commission on March 27, 2018.

The following motion was then made:

Motion

Ron Massullo made a motion in Case ZC-01-18 to rezone one parcel of land from Office (OF) zoning district to Town Center (TC,) with a frontage of 358’ on Center Road and with a depth of 429.37’.  This parcel is located on the northeast corner of Center Road (State Route 224) – Olde Stone Crossing intersection.  Bill Gardner seconded the motion.

 Voting:

Yes      Ron Massullo
Yes      Bill Gardner
Yes      Frank Prusak
Yes      Gene McCullough
Yes      Frank Mazzocca

Motion carried.

3rd Order of Business:

Case #ZC-02-18 –This is a request by David Kosec, who is representing Robeson Land Company, Ltd., to rezone two parcels of land located along the north right-of-way of Center Road (State Route 224) located approximately 358.00’ east of Olde Stone Crossing – Center Road (State Route 224) intersection.

Parcel number 35-014-0-011.00-0, known as 3478 Center Road, Great Lot 25, has a frontage of 429.93’ and a depth of 250.00’ and is 2.453 acres in area.  The request is to rezone the parcel in its entirety from an Office (OF) District to a Town Center (TC) District.

Parcel 35-014-0-009.00-0, known as 3498 Center Road, Great Lot 25, has a width of 424.93’ and a depth of 1046.97’ and is 9.952 acres in area.  The request is to rezone the entire width of 424.93’ and a depth of 214.37’ from an Office (OF) to a Town Center (TC) District and the remaining depth of 832.6’ from an Office (OF) and Residential-2 (R-2) in its entirety.  Both parcels are located in Poland, Ohio, Poland Township, Mahoning County.

 Items submitted to the zoning office:

  1. Application for Zone Change
  2. Letter of Intent
  3. Property description (Auditor)
  4. Property description (Zoning)
  5. Zoning District Map
  6. County GIS Plate Map (Aerial)
  7. Request for zone change to Mahoning County Planning Commission
  8. Map showing requested zone change area
  9. Warranty Deed
Dave Kosec
3498 Center Road
Robeson Land Company
Poland, Ohio

Kosec stated that Robeson Land is the owner and developer of Ridgley Park and the Inn at Poland Way.  Kosec stated they are requesting this zone change in order to generate more commercial business in the township.  He stated this is a mirror of Doug Susany’s zone change request (Case #ZC-01-18).

Massullo asked the Board members if they had any questions for Kosec.

Frank Prusak – none.

Gene McCullough – stated he has no objections and would much rather prefer to do his business in Poland rather than in Boardman.

Frank Mazzocca – none.
Bill Gardner – none.

Ron Massullo asked if anyone would like to speak in favor of this request.

Doug Susany
235 E. Water Street
Lowellville, Ohio

Susany stated that with his zone change and this proposed zone change, they will be able to co-market the property as one large parcel.  He is in favor of the zone change request.

Al Sciulli
5027 Miller Road

Sciulli is a Board member on the Zoning Appeals board.  He stated he is not in favor of spot zoning.  He made reference to the letter from Mark Fortunato and feels it is contradicting.  He stated that there is a limited amount of commercial property in the township and he is in favor of this request.

Ron Massullo asked if anyone would like to speak against this request.  No one responds.

Ron Massullo stated that this zone change request was approved by the Mahoning County Planning Commission on March 27, 2018.

The following motion was then made:

Motion

 Ron Massullo made a motion in Case ZC-02-18 to rezone two parcels of land located along the north right-of-way of Center Road (State Route 224) located approximately 358.00’ east of Olde Stone Crossing – Center Road (State Route 224) intersection.

 Parcel number 35-014-0-011.00-0, has a frontage of 429.93’ and a depth of 250.00’ and contains 2.453 acres in area.  The request is to rezone the entire parcel from an Office (OF) District to a Town Center (TC) District.

 Parcel 35-014-0-009.00-0, has a width of 424.93’ and a depth of 1046.97’ and contains 9.952 acres in area.  The request is to rezone the entire width of 424.93’ and depth of 214.37’ from an Office (OF) to a Town Center (TC) District.  The remaining 424.93’ and depth of 832.6’ from Office (OF) and to Residential-2 (R-2) in its entirety.  Frank Mazzocca seconded the motion.

 Voting:

Yes      Ron Massullo
Yes      Frank Mazzocca
Yes      Bill Gardner
Yes      Gene McCullough
Yes      Frank Prusak

Motion carried.

4th Order of Business:

Case #ZC-03-18 – This is a request by Mahmoud (Mike) Kassem, to rezone one parcel of land located on the south right-of-way of Center Road (State Route 224) approximately 506.4’ east of Styme Road-Center Road (State Route 224) intersection.  The parcel number 35-028-0-001.00-0 known as 6969 Center Road, great lot 63, has a frontage of 1,176.29’ and a depth of 2,246.23’ and is an irregular lot.  It is 43.512 acres in area.  The entire lot is currently zoned Business Park (BP) District.  The request is to rezone the entire width of 1,176.29’ and a depth of 500’ from a Business Park (BP) to a Town Center (TC) District.  The remainder of the parcel will stay a Business Park (BP) District.  This parcel is located in Lowellville, Ohio, Poland Township, Mahoning County.

 Items submitted to the zoning office:

  1. Application for Zone Change
  2. Letter of Intent
  3. Property description (Auditor)
  4. Property description (Zoning)
  5. Zoning District Map
  1. County GIS Plate Map (Aerial)
  2. Map showing requested zone change area
  3. Proposed Site Plan
  4. Warranty Deed

Ron Massullo stated that this zone change request was approved by the Mahoning County Planning Commission on March 27, 2018.

Mike Kassem
4401 Olde Chartered Trail

Kassem stated he plans to build a gas station with a convenience store and a drive-up window.  The gas station will have 6 dispensers and 4 diesel dispensers.  This will add approximately 20 jobs.

Massullo asked the Board Members if they had any questions for Kassem.

Gene McCullough stated that Kassem is an old neighbor of his.  He stated that Kassem runs a good business in Struthers and sees no problems with his proposed project. 

Frank Prusak – none.
Bill Gardner – none.

Frank Mazzocca asked Kassem if he plans on putting a car wash.  He stated possibly a truck wash but that is not for certain.

Ron Massullo asked if anyone would like to speak in favor of this request.

Harry Groner
4885 Treeline Trail
New Middletown, Ohio

Groner stated he has known Kassem for approximately 23 years.  He stated Kassem is a top notch businessman.  His business in Struthers is very clean and well run.  He is in favor of this zone change request.

Lawrence Ornelas
Larry’s Drive Thru
3305 Center Road
 
Ornelas stated he has known Kassem for approximately 10 years.  He has provided support and guidance to him in his business (Larry’s Drive Thru).  He is in favor of this zone change request.
Paul Parteleno
5429 Walnut Grove Circle
Struthers, Ohio

Parteleno stated he is in favor of the rezoning of the property.  He feels developing that corridor is good for the community.  He has been a customer of his Struthers business for many years.  Kassem is a responsible businessman and top notch.  Kassem is very generous and has also helped disadvantaged individuals in the community as well.

Mark Covell
2826 Coblentz Drive

Covell stated he is a retired principal.  He stated Kassem is very generous as a community member.  Kassem has benefited other communities with this business and feels he will do the same with Poland.  He is in favor of the zone change request.

Nancy Kassem
4401 Olde Chartered Trail

Nancy Kassem is the spouse of the appellant.  She stated that this will be a family business that her sons will be in as well.

Kenneth Fox
7085 Youngstown Pittsburgh Road

Fox stated he is a personal friend of the Kassem family.  He stated they are wonderful people and his Struthers business is very well run.  He would like to see this property developed rather than being vacant.  He is in favor of the zone change request.

Ron Massullo asked if anyone would like to speak against this request

Miranda Foster
6767 Center Road
Lowellville, Ohio

Foster stated that she and her husband purchased the property in 2013.  They have since improved the house and property.  They originally purchased the house and three acres and barn and in 2015 purchased an additional 15 acres so they have a little over 18 acres.  They have two children now.  They farm the property and this will impact their family. This will take a job away from her family as her husband will lose the farming.  She stated that Kassem did make an offer for her property but it was not enough for them to relocate. 

She asked how the traffic would be routed.  Massullo stated that this meeting is for the zone change only.  Massullo stated that the Trustees will make the final decision and recommended that she attend their meeting with any further questions.

She stated again that she understands that it will bring jobs to the community, but it will take a job away from her family.  She also stated that this will hurt the business at the Dairy 224.

John Kotchmar
Dairy 224
6868 Poland Center Road
Lowellville, Ohio

Kotchmar presented a map to the Board showing where earthquakes occurred during March 4 and March 14, 2014 at the Ohio-Pennsylvania state line.  He stated he is concerned about underground tanks and traffic.  Kotchmar stated that this will create a safety issue due to the increased traffic.  He asked if the appellant was building a truck stop.  Massullo stated that this meeting is for the zone change only.  He reiterated that the Trustees will make the final decision in this case and suggested that he address the Trustees with these issues.

Joyce Kotchmar
101 Quaker Heights Lane
Edinburg, PA
Dairy 224
6868 Center Road
Lowellville, Ohio

Kotchmar stated that the truck wash will be across the road from her house.  She does not want this in her neighborhood.  Feels it will devalue her house, as well as the Foster’s.  She is not in favor of the zone change request.

The following motion was then made:

Motion

Frank Mazzocca made a motion in Case ZC-03-18 to rezone from a Business Park (BP) zoning district to Town Center (TC) zoning district.  This request is to rezone the first 500’ of parcel 35-028-0-001-0 from Business Park (BP) zoning district to Town Center (TC) zoning district.  The remainder of the parcel shall stay Business Park (BP) district located on the south right-of-way of Center Road (State Route 224) approximately 506.4’ east of Styme Road Center Road (State Route 224) intersection.  Frank Prusak seconded the motion.

 Voting:

Yes                Frank Mazzocca
Yes                Frank Prusak
Yes                Bill Gardner
Yes                Gene McCullough
Yes                Ron Massullo

Motion carried.

Meeting adjourned at 7:55 p.m.

Submitted by:

Michele Richards/Recording Secretary

  • cc:        Trustees (3)
  •             Board of Zoning Appeals (6)
  •             Zoning Commission (6)
            P. Canter, Fiscal Officer (1)
            File (1)