"CHANGES IN LATITUDE CHANGES IN ATTITUDES" jimmy buffett

I asked if I could print this letter on the blog. Raymond Sternot has given me permission.
This is an example when you have a community activist who cares about his neighborhood. Sometimes action like this is needed or a developer will be allowed to do what they choose to do. A good example is Asper Commons on Prospect St.

I guess as much as I like trains no way do I want to live that close to the tracks.
Home prices in Heisley Park start at $150,000 and go up. I have been lead to understand most homes with amenities  such as a basement are priced over $180,000.
Most Heisley Park residents remember the train derailment that happened a few years ago when they were evacuated from their homes.

I have always found the Planning Commission to be very professional and do the best for residents of Painesville.
Mr. Fitzgerald runs a good meeting and all sides are heard.

Here is Mr. Sternot's letter:
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January 30, 2013


To: Members of the Painesville Planning Commission

Carol Fleck
Thomas Fitzgerald, Chairperson
David Komjati
Christine Shoop, Co-Chairperson
Mark Wainwright


VIA E-Mail to: Secretary, Lynn White, 392-5801 at: lwhite@painesville.com

From: Ray Sternot

Subject: Intent/Enforcement of the Painesville Buffer Ordinance – Who Cares?

In early 2011, the Planning Commission discussed and provided recommendations to Painesville City Council about a buffer ordinance for new and additions to developments in Painesville. Based on your committtee’s recommendation, Council passed the following ordinance, (1113.23 LANDSCAPE BUFFERS TO RAILROAD RIGHTS-OF-WAY AND LIMITED ACCESS HIGHWAYS FROM RESIDENTIALLY ZONED LAND.)

Based on Mr. Lewis’ e-mail, it would appear that the Planning Commission will have a chance to revisit the intent of the ordinance that it proposed at its February 14, 2013 meeting. The reason for this revisit has roots based on my recent questions to Council as to whether the ordinance was actually being enforced. I specifically cited the recent new Phase of Heisley Park that is currently being opened up for development. Why the question? Because it didn’t appear that the buffering was going to use mounds, material that have any height and it was my concern that the intent of the legislation wasn’t being followed. During the meeting, Mr. Schaedlich told members of Council he was of the opinion that a flat distance of 300’ between railroad tracks and a development was sufficient to meet the ordinance requirements. Hence, in his expert opinion, [a fact suggested based on input from Council’s lawyer], he stated that a 300’ distance satisfied the ordinance as you had intended. I disagreed and pointed out that the ordinance doesn’t state any distance requirement but points to a buffering of material. I also said that I didn’t think a flat distance met the intent of the ordinance.

Hence, it appears that you will have an opportunity to review the intent of the ordinance and make subsequent after the fact recommendations for changes including defining a suitable buffer as a flat area of x feet in dimension. Hopefully, you will review the previous planning meeting notes (attached) before making any suggested changes of this nature. In fact, I believe, based on the discussions that the committee had when this legislation was originally considered and documented in the meeting minutes, that a flat distance does not meet the intent of the ordinance as the planning committee recommended. Thus, I urge you to reject any modification to your recommendations that would change the definition of a suitable buffer [material] be based solely on a minimum distance between a road/railroad tracks and a development. Rather, if any change be included it should specifically state the height of the buffer to be 12 feet as discussed originally contemplated in your minutes.

Let me comment further about why I feel strongly on this matter. Someone asked me why the concern of whether the ordinance is followed? Who in Painesville really cares? After all, didn’t a member of council recently state that Painesville will never be a Painesville Township or a Mentor? My response to this individual was that surely would be the case if no one really cares about Painesville; its neighborhoods or adhering to/enforcing its ordinances. Further, I said, Painesville will only be as good as we want it to be and how all of us work toward that end to make it better. In this case, when you passed the recommendation for the ordinance, I felt that the Planning Commission did indeed care. They cared enough to approve an ordinance intended “to protect and enhance the visual appearance of the City by encouraging the preservation of existing trees and natural features; protect property values by providing a transition between dissimilar land uses; and to lessen adverse effects such as noise, odors and dust.” They cared enough to define that the buffer should be made of (1) Walls and/or fences; Earthen mounds (3) Plant materials; and, (4) Any combination of (1), (2) and (3) above; and that it should be of some height not to exceed 12 feet in height above established grade as indicated in meeting minutes.

And, contrary to what you might hear, I am not proposing that the City force a developer to remove a natural “buffer” in place of mounding or a fence when it accomplishes the same objective? I am asking, based on the ordinance, to enhance it to meet the intent of the ordinance. Because, by itself, a natural piece of flat land doesn’t accomplish the same objective.

In summary, I’m suggesting that you suggest that Council enforce the buffer ordinance as designed and intended. Tell them that you, as all Painesville residents should, care. You care about protecting property values. You care about noise abatement, odors and dust. You care about improving the city image by suggesting ordinances that enhance planned developments. And, that you care about enhancing the lives of residents and their neighborhoods. Because if stewards of the city don’t care, then why should residents?

Thank you.

Ray Sternot
346 Birchwood Lane
Painesville, Ohio 44077-6136