Minutes of the Meeting of the Rootstown Township Zoning Board of Appeals
December 16, 2008

The regular meeting of the ROOTSTOWN ZONING BOARD OF APPEALS was held on Tuesday, December 16, 2008 at 7:00 P.M. at the Rootstown Town Hall.

Those present:
Troy Cutright, Chairman
Eugene Mills
Patricia Saillant
Jennifer Milnes

Those absent:
Deron Boring
James Manion
Diane Esola

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

Mr. Cutright called the meeting order.

Resolution ZBA 2008-020. Mr. Cutright made a motion to accept the minutes of the October 21, 2008 with the following corrections, Milne should be "Milnes" and Eugene Mills was present not absent. Mr. Mills seconded the motion. The motion carried unanimously (4/0).

Mr. Mills asked about the Portage Salt and Supply. Mr. Mahood brought the Board up-to-date on Portage Salt and Supply and the court action. The judge (Laurie Pittman), insisted that they to come to an agreement (Mr. Murdock and Mr. Meduri). If they did not come to an agreement she would rule but gave no inkling as to which way she would rule due to this was the second time it was heard. The magistrate turned it down. Mr. Spahr requested a 7500 square foot building. He said he was permitted to do a 200 square foot addition. Then he said he would settle for a 5000 square foot building. The Township did not budge. She said she wanted them to come to an agreement or she could be in favor of the 7500 or in favor of the 200. Mr. Spahr said he could live with 4400. They agreed on 3500 and if he wants to apply again, he would have to come back before the Board.

Mr. Mills asked if this was documented. Mr. Mahood said Mr. Armentrout had a copy of the agreement. The Board members would like a copy for their files in case of like circumstances coming before them in the future.

Mr. Mills said in years past when judges make decisions for or against the Zoning Board of Appeals, they had always gotten a copy of it.

Mr. Mills asked the ruling on the nursing home on New Milford Road. Mr. Mills asked if it had been in writing or was it something that the prosecutor had said this is the way it is going to be. Mr. Cutright said he told the Board to go though their footsteps. The paper work would be done by Mr. Mahood and then to the Trustees but she dropped out. Mr. Mills asked if the prosecutor just said that or did he put it in writing. It was verbal only. Mr. Mahood said it wasn't a decision, but what was read from the book. Mr. Mills said it should have been documented for future reference. It was discussed with Mr. Cutright and Mr. Mahood, that there has a to be a reason why it was denied.

There was a discussion about a building erected on New Milford Road near the expressway and it came down. What is the story on it? The owner came in and discussed it with Mr. Mahood. He asked it he could attach it as a garage. Mr. Mahood said yes and then asked him about the pond. He said he was going to fill it in. He brought a drawing in with house plans but it did not meet the requirements. After a letter or two, he said he would tear it down.

Mrs. Saillant made a motion to adjourn the meeting.

Mr. Cutright adjourned the meeting.

Troy Cutright, Chairman
ROOTSTOWN ZONING BOARD OF APPEALS

Mary Ann Greer, Secretary BZA
ROOTSTOWN ZONING BOARD OF APPEALS