Yellow Creek Theater has a pavilion in place instead of a tent, but the big question is whether or not it can stay. That issue was hashed out at a council meeting Tuesday night, July 16.
In a previous meeting, theater representative Ron Eiselstein had brought the issue of a permanent structure before council. The main concerns at the time involved possible Ohio Department of Transportation easements and the village's riparian setbacks, or community regulations establishing distances from water resources where building and other soil disturbing activities are prohibited. Council members told him to wait until ODOT could be contacted. In the meantime, Eiselstein went ahead and built a pavilion.
Eiselstein told council members on Tuesday that he had a visit from an ODOT engineer on Friday, who was sent to check on a structure in the right-of-way. He said the engineer didn't have a problem with the pavilion. He added that the county building inspector visited on the same day and issued a stop work order on the pavilion.
Attorney Anthony D'Apolito told Eiselstein that he is glad the meeting with ODOT took place. He told Eiselstein there were three hoops to jump through in this matter and the state was number one. The second was to obtain a county permit and the third was approval of the village in regards to the riparian setback, which are created in stormwater management programs for flood and erosion control and water quality protection.
"As it stands right now, ODOT has first crack at it," D'Apolito said. "Then the county, then us."
With the county issuing the stop work permit, the issue is now in the hands of the village. The county is awaiting the decision on whether or not the pavilion can be built where it has been placed. The location all comes down to the setback, which is 120 feet from the center of Yellow Creek.
"I took measurements and it is within the riparian setback," Raspanti said.
After some discussion, D'Apolito told Eiselstein he needed to take specific steps at this point. The first step was to show up at Village Hall and take out a building permit. Raspanti said he would turn it down because it is inside the riparian setback. After the permit was denied, Eiselstein was told to file an appeal. A date would then be set for a hearing before the Poland Village Zoning Board of Appeals. It would be the board's decision on whether or not to grant a variance. If granted, Eiselstein would have to deal with the county for a building permit. If it is denied, then the structure may have to be removed.
D'Apolito also said that ODOT still has the right to come in and remove it in spite of what the village and county do.
On a different matter, Greg Morrison, president of Celebrate Poland, addressed the issue of a permanent electric outlet wired into the village outdoor electric box.
"I came here to apologize for the electrical issues," he told council. "I don't want this to be a black mark on the event."
He explained it was done for the safety of the people. The intent was for the good of the event, but he said it slipped from going through the proper channels. Morrison also asked that an apology be given to Poland Township Trustee Bob Lidle, who made the electrical connections.
"I honestly thought everything was covered," he told council.
Councilman Bill Dunnavant told Lidle that there never was an issue about anyone stealing electricity. He said it was an issue of changes made inside an electric box.
Morrison, Lidle and Village Council agreed there were no hard feelings over the matter, nor was there a black mark on Celebrate Poland.
In other business:
Council held third readings and a vote on a zoning permit ordinance that allows the village to take action when work is not being done on time with a zoning permit, and an ordinance redefining townhouses. Both passed 5-0.