MAY 2, 2005

7:00 P.M.


Board Members Present:      Dennis Haas, Chairman

Nicholas Reynolds, Vice Chairman

Louise Vance, Secretary

Phyllis McKean

Dale Riggenbach


Trustee(s) Present:               Virginia K. Macdonald, President

                                                Todd D. Bosley, Vice President

                                                Russell L. Goffus, Trustee


Zoning Inspector Present:    Keith Lasure



  • Brian Troy Corke, 6165 Schloneger, Variance for accessory building
  • GPD Associates, 520 S. Main St., Akron, Ohio, Conditional Zoning Certificate for Cingular Wireless Tower at 6616 California
  • Mark Burns, Continuance of hearing from April 4th, requesting a Conditional Zoning Certificate to do business as Burns Nursery at 6832 State Street NE


Chairman Dennis Haas opened the meeting at 7:00 P.M. and introduced the Zoning Board of Appeals, Zoning Inspector and Trustees.  Mr. Haas swore in everyone in attendance by asking them to swear that the information they were about to present, either in oral or written form, was true and accurate to the best of their knowledge.  The people responded by stating, “I do”.


The first case that was heard was Brian Troy Corke of 6165 Schloneger Drive NE stepped to the podium requesting a variance for a pole building (garage) to store cars.


Dennis Haas asked Mr. Corke why the building would be over 1,280 sq. ft.  Mr. Corke stated he needed extra space for storage or cars and other equipment.


Nicholas Reynolds asked Mr. Corke how many acres he has.  Mr. Corke said he has 5.115 acres.


Dennis Haas asked if there was anyone present who would like to speak in support of this variance.


  • Jim Coss of 6160 Schloneger said he lives across the street and has not problem with Mr. Corke putting in a building larger than allowed.


Dennis Haas asked if there was anyone present opposed to this variance.  There was no one.  Mr. Haas asked Secretary, Sharon Shaub, if there were any phone calls or letters.  She stated there were none.  Mr. Haas then asked the Board if they had any more questions.


Since there were no more questions, Dennis Haas asked for a motion for a ballot vote.  Nicholas Reynolds motioned for a ballot vote seconded by Phyllis McKean.  All voted yes.  Motion carried.  The voting went as follows:


Dale Riggenbach         -           Yes

Phyllis McKean           -           Yes

Nicholas Reynolds      -           Yes

Louise Vance               -           Yes

Dennis Haas                -           Yes


The second case heard was from Mr. Ed Block with GPD Associates located at 520 S. Main Street, Akron, OH requesting a Conditional Zoning Certificate for a wireless communication tower to be located at 6616 California Avenue, NE, Louisville, Ohio.  Mr. Block stated he is the agent for Cingular Wireless and stated they are in the process of providing coverage for the area where they don’t have it and improving coverage where they do have it.  Mr. Block stated this particular location does not have coverage.


Mr. Block said each site covers a certain range.  He explained an agent checks the local zoning code and checks for existing towers and structures.  When that search has been exhausted, they then begin knocking on doors to find a willing landowner, thus, finding Mr. Miller of 6616 California Ave., NE.


Mr. Block said they are proposing putting in a monopole tower, (single pole), which will be under the 200 foot limit.  All requirements will be met.  Mr. Block gave an explanation of the criteria for telecommunications towers according to the Nimishillen Township Zoning Resolution.  They are as follows:


·       Anti-climb plates and/or fence:  The compound will have an 8 foot chain link fence

topped with three strands of barbwire.

·       Cable Anchor:  A cable anchor is not necessary in this case.

·       Liability Insurance:  A copy of liability insurance was provided.

·       Interior of fenced areas to have stone aggregate treated with Herbicide:  The interior of the fenced areas will have stone aggregate surfaces, 8” thick overall, treated with Herbicide, which they will maintain once or twice a month.

·       Standard FAA lighting:  Anything less than 200 feet does not normally require lighting unless it’s near an airport.

·       Operating frequency:  The frequency of the singles is at a much higher level than what you would get from a TV or radio and they have had no complaints over the years.  If there was any interference and if they would be contacted, the radio engineers could change the code and make necessary adjustments.

·       Tower height:  The tower height should not exceed 300 feet.  They are only asking for 100-200 feet.

·       Required distance:  They will put the tower dead center along the back and at least equal to 100 feet if not a bit more coming off the back line.

Mr. Block stated there would be a radio equipment shelter, 12 x 20, and they will also put a 12-foot wide gravel drive.  The area is wooded all the way to the road.   The base of the compound will not be seen from the road.


Dennis Haas commented there is a road that goes back to the barn and just to the north is another gravel road with a gate.  Mr. Block said that is an oil/gas well, which sits back behind the property, and it has its own driveway.


Louise Vance asked about abandonment.  Mr. Block said Cingular Wire has a contract with the property owner and said Cingular Wire would come in and remove everything.  Phyllis McKean asked Mr. Block the length of the term of the lease.  Mr. Block said it is for 25 years.


Dennis Haas asked if there was anyone in attendance to speak either for or against this Conditional Zoning Certificate.  There was no one.  Mr. Haas asked Sharon if there were any phone calls or correspondence.  She stated there was none.


Louise Vance motioned for a ballot vote seconded by Nicholas Reynolds.  All voted yes.  Motion carried.  The voting went as follows:


Phyllis McKean           -           Yes

Nicholas Reynolds      -           Yes

Dale Riggenbach         -           Yes

Louise Vance               -           Yes

Dennis Haas                -           Yes


The third case heard was Mark Burns of 1830 Steiner NW, N. Canton, Ohio – this case being continued from April 4th, to obtain a Conditional Zoning Certificate to do business as Burns Nursery specializing in trees, shrubs and bulk mulch to be located at 6832 State St. NE, Louisville, Ohio.


Mr. Burns did not show up for the continuation of this hearing.  Keith Lasure said he met with Mr. Burns last week and at time, he was undecided if he would go forward with his request for a Conditional Zoning Certificate.  Keith said he did tell Mr. Burns he should come to the hearing and state his wishes.  Secretary, Sharon Shaub, said she called Mr. Burns on his cell phone and left a message on his voice mail to remind him of tonight’s hearing.  She said he didn’t call back to say he wasn’t going to attend tonight’s hearing.


Since Mr. Burns was a ‘no show’, Dennis Haas wasn’t sure what to do with this case but did say, for the record, after last month’s hearing a request was made to the prosecutor for a legal opinion whether or not a nursery/mulch grinding business would qualify as agricultural, which was the major question from the hearing on April 4th, 2005.


Dennis Haas stated the prosecutor did respond with a nicely written opinion.  Mr. Haas read the opinion to the Board and those attending the hearing.  (See Attached Letter)  It was found by the prosecutor that landscaping businesses, nurseries and mulch grinding do not qualify as agriculture.  Mr. Haas stated if Mr. Burns would proceed forward, he would need to qualify as a home occupation but a nursery does not qualify as a home occupation because the business would have to be inside a house.  At this time, there is not a house on the property.

It was Mr. Lasure’s opinion that since Mr. Burns did not show up, the application/hearing should be voided.  Mr. Haas felt a permit could not be issued without Mr. Burns being present and that it would be unfair to proceed without him.  Dennis suggested this case should be closed and if Mr. Burns would want to proceed, he would have to fill out a new application, pay the $200.00 fee and start over.


Phyllis McKean said they have heard cases throughout the years without representation but agreed with Dennis.  Keith also agreed and stated the prosecutor’s opinion leaves no doubt that this is not an acceptable situation and said if he would go forward he’d need to re-file for another variance.  Mr. Burns currently does not have a residence at that location; therefore, doesn’t quality for a home occupation.


Dennis Haas asked for a motion for a ballot vote for a Conditional Zoning Certificate as written.


Phyllis McKean motioned for a ballot vote seconded by Louise Vance.


Before the vote was read, a resident from the audience had a question.


·       Mr. Greg Linville of 7010 State Street asked about the matter of procedure – if the Board voted and the vote was in favor of Mr. Burns request – he felt people in the audience that he knows are against it should be able to speak.


It was Mr. Haas’ opinion that it wasn’t necessary because people spoke against it at the last hearing and felt there was probably no new information.


Mr. Linville said there are different people tonight with new information.


Keith Lasure said based on the fact that the only thing we were waiting on was the opinion from the prosecutor, which we have.


Dale Riggenbach asked Keith about the letter that was dropped off to Todd Bosley regarding the deed restriction.  Keith said the prosecutor did address that situation stating it is a legal matter between the property owner and seller.


At this time, Dennis Haas read the ballot vote.  No one was in favor of the Condition Zoning Certificate.  The voting went as follows with reasons for a no vote:


Dennis Haas                No       Because this does not qualify as agriculture and he

cannot find any terms under Conditional Zoning

Certificate that would include a nursery in a R-R area

Louise Vance               No       Because it isn’t acceptable per the letter from the prosecutor

Phyllis McKean           No       Because it isn’t considered agricultural

Nicholas Reynolds      No       Because per the recommendation of the Stark County

Prosecutor it is not agricultural in nature

Dale Riggenbach         No       Because of the prosecutor’s opinion and it is zoned R-R


Dennis Haas stated Mr. Burns’ request for a Conditional Zoning Certificate was DENIED.



Mr. Haas said before continuing with the meeting, anyone who would like to step to the podium regarding the Burns’ case to offer an opinion, for the record, is welcome to do so.


·       Jane Linville of 7010 State Street NE, Louisville, Ohio stepped to the podium and wanted it noted, for the record, she appreciates the Board voting against Mr. Burns’ proposal.  She also said she and several residents feel very strongly that zoning restrictions should be as they were originally intended.


Mrs. Linville wanted to know if Mr. Burns would decide to reinstate his proposal, would everyone be notified.  Dennis Haas said the requirements are that only adjoining property owners must be notified, and other interested parties would have to watch the papers or depend on neighbors to notify them.


Dennis Haas noted, for the record, there were approximately a dozen residents in attendance for tonight’s hearing for Mr. Burns.


Old Business:  There was no old business.


New Business:  Mr. Lasure said as of now, there are possibly two cases for the June 6th Zoning Board of Appeals but they have not completed the paperwork.


Approval of Minutes: Phyllis McKean motioned to approve the Minutes, as written, from April 4, 2005 seconded by Louise Vance.  All voted yes.  Motion carried.


Adjournment: Louise Vance motioned to adjourn seconded by Dale Riggenbach.  All voted yes.  Motion carried.  The meeting adjourned at 7:35 p.m.






                                                                        Dennis Haas, Chairman






                        Louise Vance, Secretary