Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
January 19, 2010

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, January 19, 2010 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Troy Cutright, Chairman
Jennifer Milnes
Patricia Saillant
Deron Boring
James Manion

Those absent:
Diane Esola

Also in attendance:
Zoning Inspector, Jim Mahood
Assistant Zoning Inspector, Van Black
ZBA Secretary, Mary Ann Greer

Secretary, Mary Ann Greer called the meeting order.

For the first order of business the secretary asked for nominations for the Zoning Board of Appeals Chairperson for 2010.

Jennifer Milnes nominated Deron Boring for Chairperson. He accepted the nomination. Troy Cutright seconded the nomination. The vote was 4 ayes and 1 abstained.

Next, Mrs. Greer asked for nominations for vice-chairperson. Deron Boring nominated Troy Cutright for Vice-Chairperson. Mr. Cutright accepted the nomination. Patricia Saillant seconded the nomination. The vote was 4 ayes and 1 abstained.

The meeting was turned over to Mr. Boring.

Mr. Boring took over the meeting.

The first item on the agenda was an application for a variance for reduction of 60.00' frontage requirement to 38.13' from Section 310.04 F, 3 (450.06 B, 1) for property located on New Milford Road (Parcel # 32-007-00-00-009-001) in a R-1 District submitted by:

Donald Caporaletti
4966 New Milford Road
Ravenna, OH 44266

Mr. Boring swore in Donald Caporaletti, 4966 New Milford Road, Ravenna, Ohio 44266. Mr. Caporaletti said it would be hard to sell it only because of the lake on his property. He thought it was grandfathered in when he purchased it. He said the lot was created prior to zoning.

James Manion asked what the dotted line was on the one diagram. Mr. Caporaletti said at that dotted line, that parcel would have 5.2 acres in the lot. Mr. Manion questioned the setback off of New Milford Road. Mr. Caporaletti said it was probably 900 feet.

Jennifer Milnes asked if he was asking for this variance because he wanted to sell the property rather than build on it. Mr. Caporaletti said he didn't have a buyer for it. This was just in case he decided to sell it. Ms. Milnes the problem was because of the lake, a house couldn't be built back far enough. Mr. Caporaletti said the hardship was the property goes down to a deep swell and would have to be on the high side where some trees would have to come down. He said he wanted to be the owner of the lake and not split it.

Patricia Saillant asked Mr. Caporaletti to come up and show the Board just what he wanted to do with the property. He explained what he wanted to do to the Board. The lot would have approximately 5.2 acres. Mr. Mahood said you could not have a land locked lot. It would need to be resurveyed.

Mr. Boring asked where the power lines were. Mr. Caporaletti showed them where on the drawing. Mr. Manion questioned the proposed 30 x 50 foundation building on the lot. Mr. Caporaletti said he just put it there to show where a house could be built. There is no proposed building.

Mrs. Saillant asked when Mr. Caporaletti purchased the lot. Mrs. Saillant asked if this lot was prior to zoning. Mr. Caporaletti said it was probably. Mr. Caporaletti said the Lingo's owned it in the sixty's.

Troy Cutright asked when zoning was started in Rootstown. Van Black said he thought it was 1969. It was questioned if the lot was prior to zoning. Mr. Mahood said it would have to be proved. Mr. Cutright asked if there was anyway the frontage could come off the 1100-foot or more frontage. Mr. Caporaletti said the lake went to the property line and that was what the problem was. A discussion followed on the frontage.

Mr. Boring asked the audience if there were any questions, comments, or concerns.

Mr. Boring swore in Betsy Lingo, 5174 New Milford Road. Mr. Boring asked her if she was the previous owner of the property. She said she was.

The Board discussed what Mr. Caporaletti had shown them.

Mr. Mahood said that the building line was 70 feet back from the right-of-way and must be 150 feet wide. This does not exist in a flag lot usually. If it can be proved that the lot was created before zoning, it would be okay. He talked to Mr. Meduri and was told it was his call. Mr. Mahood said all flag lots have been coming before the Board and would like to keep it that way.

Mr. Boring asked if there were any other flag lots in that area. It was pointed out that there were. A discussion followed on flag lots.

Resolution ZBA 2010-001. Ms. Milnes made a motion to table the request until more data could be obtained. Mr. Manion seconded it. A vote was taken as follows: Manion - Yes Milnes - Yes Saillant - Yes Cutright - Yes Boring - Yes. The motion carried unanimously (5/0).

Resolution ZBA 2010-002. Mr. Cutright made a motion to accept the minutes of November 17, 2009 meeting with corrections. Ms. Milnes seconded it. A vote was taken as follows: Milnes - Yes Saillant - Yes Manion - Yes Cutright - Yes Boring - Yes. The motion carried unanimously (5/0).

Mr. Cutright thanked Mr. Mills for his 30 plus years of service to the Township.

Mr. Manion made a motion to adjourn the meeting. Mrs. Saillant seconded it. The meeting was adjourned the meeting. meeting.

Deron Boring, Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS