The Lordstown Planning Commission met in regular session on September 12, 2011 at 6:30 P.M. at the Lordstown Administration Building. The meeting was called to order by Chairperson Tim Rech, followed by the Pledge of Allegiance to the flag. Roll call was taken.

In attendance: Tim Rech, Chairperson

Michael Chaffee, Mayor

Michael Sullivan, Council Member

Tony Schofer

Paul Dutton, Village Solicitor

Denise L. Dugan, Planning Secretary

Also present: Dave Harrison, Lordstown Street Superintendent

Mary Boyle, 5778 Palmyra Road, Lordstown, Ohio

Payten Boyle, 5778 Palmyra Road, Lordstown, Ohio

Emmyrson Boyle, 5778 Palmyra Road, Lordstown, Ohio

Rose Marie Ferreri, 8292 Tod Avenue, Lordstown, Ohio

APPROVAL OF AGENDA: Michael Chaffee made a motion to approve the agenda. Tony Schofer seconded the motion. All ayes, zero nays. Motion carried.

APPROVAL OF MINUTES of May 9, 2011: Michael Sullivan made a motion to approve the minutes of May 9, 2011. Michael Chaffee seconded the motion. All ayes, zero nays. Motion carried.

APPROVAL OF MINUTES of May 26, 2011: Michael Chaffee made a motion to approve the minutes of May 26, 2011. Michael Sullivan seconded the motion. All ayes, zero nays. Motion carried.

APPROVAL OF MINUTES of June 27, 2011: Michael Chaffee made a motion to approve the minutes of June 27, 2011. Michael Sullivan seconded the motion. All ayes, zero nays. Motion carried.

PLANNING AND ZONING ADMINISTRATOR’S REPORT: None.

SOLICITOR’S REPORT: None.

CORRESPONDENCE: None.

OLD BUSINESS: None.

NEW BUSINESS: Site Plan Review for Tykes Toybox, 1600 Salt Springs Road.

Tim Rech said normally Ron Barnhart, Planning & Zoning Administrator would present this.

Paul Dutton said Michael Chaffee should present it unless he is not that familiar with it and then perhaps Denise Dugan could present it.

Denise Dugan said she does not know that much about it – she knows that Mary Boyle is here and Mrs. Boyle is renting the space off Jamey Moseley. Mrs. Dugan said she thinks Mrs. Boyle is interested in having a retail establishment and also some other plans. Mrs. Dugan said Mrs. Boyle is interested in putting up a sign for her business.

Mary Boyle said her business is a toy store located at 1600 Salt Springs Road.

Michael Chaffee referred to a drawing submitted and asked where the store would be located.

Mary Boyle said she is just using the downstairs.

Tim Rech asked if it is going to be a daycare center and a store.

Mary Boyle said no, just a store.

Michael Chaffee asked what the previous business was.

Denise Dugan said she does not know; it has been empty for a really long time. Mrs. Dugan said at one point in time Jamie Moseley came to Planning Commission and Mr. Moseley said he was interested in using it as a little banquet hall or a meeting room but apparently Mr. Moseley did not go forward with it.

Mary Boyle said she is not using the whole downstairs as a store area.

Tony Schofer and Mary Boyle discussed what section of the building would be used for what purpose while looking at a sketch Mrs. Boyle presented.

Mary Boyle said there is a back door that she uses; there is a front door and there are two patio doors, sliding glass doors in the back of the big room.

Tony Schofer said it would be easy to get in and out if there was an emergency. Mary Boyle agreed.

Tim Rech said the material submitted lists sixteen parking places. Mr. Rech asked how many employees will there be.

Mary Boyle said mainly just herself but sometimes her son if she needs him.

Paul Dutton asked if there is going to be any type of activity area at Tykes Toybox for children.

Mary Boyle said yes.

Paul Dutton asked if the activity would be in a daycare setting.

Mary Boyle said no, not a daycare setting.

Paul Dutton said a daycare is a whole different licensing situation.

Mary Boyle said in October she is going to add a playtime on Tuesday, Wednesday and Thursday from 9:00 to 11:30 for children five and under but parents have to stay there. For $2.50 the children may play there and the parents can see what the children really like before buying.

Paul Dutton said it is not a daycare activity?

Mary Boyle said no.

Paul Dutton said there is all kinds of licensing, the Fire Department would have to come in, there would have to be separate exits, there would have to be a sprinkler system, a smoke alarm system, first aid facilities on site, tested for combustible material and hazardous material. Attorney Dutton said Planning Commission only deals with square footage, parking and structures. Planning Commission does not deal with regulatory issues for a daycare.

Paul Dutton said zoning requires one parking space for every 100 square feet.

Michael Chaffee made a motion to approve the site plan review for Tykes Toybox with the following stipulations: that Planning Commission accepts the sixteen parking spaces as acceptable and that Mrs. Boyle will provide a rendering of the actual sign. Tony Schofer seconded the motion. Roll call vote was taken: Michael Sullivan: yes; Tony Schofer: yes; Michael Chaffee: yes; Tim Rech: yes. Four ayes, zero nays. Motion approved.

Tim Rech asked if there was any other new business.

Denise Dugan said on or about July 6, 2011 she found an advertisement in the newspaper for an auction that was taking place at what she discovered was the Henn Property. At that point in time John Mansell, Assistant Zoning Inspector, contacted the phone number in the ad which was actually the auctioneer who gave him a phone number for Rose Marie Ferreri. Mrs. Dugan said on July 7, 2011 she mailed out a copy of what was required for a site plan review. Mrs. Dugan said she has spoken to Ms. Ferreri a couple of times since then, she spoke to Ms. Ferreri on September 8, 2011 and told Ms. Ferreri that it really needed to come to Planning Commission because it was a change in use. Apparently Ms. Ferreri was informed something different from Henn’s, which Mrs. Dugan is sure Ms. Ferreri can answer, if Planning Commission chooses to add this to the agenda. Mrs. Dugan said the auction is up and running and Mrs. Dugan’s understanding is since before July 1, 2011.

Paul Dutton said it would be more constructive for Rose Marie Ferreri to go through the regular process and submit documents.

Tim Rech said he agrees that would be the constructive way to do it, the site plan regulations do call for that.

Rose Marie Ferreri, speaking from the audience, said she has information with her.

Tim Rech said actually the regulation and the ordinance require that the information needs to be submitted two weeks prior to a meeting so that committee members receive it a week ahead of time so they may study it.

Rose Marie Ferreri said she was told she had better be at that meeting.

Tim Rech said Planning Commission is in a little bit of a flux since the previous Planning and Zoning Administrator retired and we have a new person coming in on Thursday, September 15, 2011. Mr. Rech suggested that Ms. Ferreri get together with Dave Harrison who will guide her through the process.

Denise Dugan asked if the auction could stay open.

Paul Dutton said no, she cannot conduct business.

Rose Marie Ferreri said she has everything she owns in that building.

Paul Dutton said this is not his call, this is Planning Commission’s call but it has been going on since July 2011.

Rose Marie Ferreri said she will lose her following. Ms. Ferreri said the Henn’s told her not to worry about a thing. Ms. Ferreri said she did bring a layout of the building, a plot plan, the sign information with her tonight. Ms. Ferreri continued to speak from the audience making her comments difficult to hear.

Paul Dutton said an auction house is not retail. In January of 2002 Marlin Ford ran an auction house and operated it without going through site plan review and there was a hearing and Mrs. Dugan found the minutes. Attorney Dutton said the biggest issue that Ms. Ferreri is going to confront is parking. In the Ford case, the B-2 Commercial Warehouse type of non-retail parking and that ratio is one to three. Attorney Dutton said he presumes there is no fixed seating in the auction, chairs are just put up. If 150 people are there, you need 50 parking spaces. Attorney Dutton said Planning Commission needs the Zoning Administrator to work on this case.

Tim Rech said Planning Commission is not unsympathetic by any means; they live in the community too. Mr. Rech said there are regulations that have to be followed.

Paul Dutton asked Rose Marie Ferreri if she is running auctions currently.

Rose Marie Ferreri, speaking from the audience, said one day a week, on Saturdays.

Michael Chaffee said he would be willing to make a motion to give her temporary authorization to remain open until October 11, 2011 but that Planning Commission needs information, working with Dave Harrison, working with Denise Dugan, to get that on the agenda.

Michael Chaffee made a motion to grant temporary permission to operate the auction one day a week until October 15, 2011. Michael Sullivan seconded the motion. Roll call vote was taken: Tony Schofer: yes; Michael Chaffee: yes; Tim Rech: yes; Michael Sullivan: yes. Four ayes, zero nays. Motion carried.

PUBLIC COMMENTS: None.

MEMBER COMMENTS: Michael Chaffee said he wants to publically on the record express his appreciation to Denise Dugan for her work not only on this case but on the other cases. Mayor Chaffee said Mrs. Dugan has managed to remind him of everything he is supposed to be doing.

ADJOURNMENT: Michael Sullivan made a motion that the meeting be adjourned. Tony Schofer seconded the motion. All ayes, zero nays. Meeting adjourned.

Submitted by: Approved by:

Denise L. Dugan Tim Rech

Planning Secretary Chairperson