Elections board members John Cuckler, from left, Doug Ruck, Andy Newlove and Mike Zickar.
The Wood County Board of Elections has determined that a referendum petition to stop rezoning in Lake Township can appear on the March ballot.
The elections board along with parties representing both sides met Tuesday in the Wood County Courthouse to consider the viability of the referendum petition.
After nearly two hours of discussion, board members took 15 minutes to make their decision.
The elections board rejected every protest made by property owner Ted Thomas, including the number of signatures needed, the petition was improperly formatted, signatures were coerced, and statement made by the petitioners were false, and there was no notice of the Dec. 21 meeting where the referendum petition was accepted.
The board also rejected the township’s claim that trustees didn’t receive notice of the meeting on Dec. 21.
“This isn’t over,” said Trustee Melanie Bowen-Greenwald as she exited the courtroom.
Bowen-Greenwald was a member of the zoning board that approved the rezoning request.
“This is all about what the people want,” said Jean Garrison, who said she created this dispute by starting the petition. “We want it to stay residential. We don’t want it commercial.”
Thomas, of Millbury, requested a change in zoning from R2 Residential to B2 General Commercial for property he owns on Bailey Road.
The property in question is a “fenced in, wooded junk pile” and never had a home on it and is not sufficient in size to construct a home, Thomas said at the hearing.
Thomas, who purchased the property last summer, wants to put a self-storage unit on the property, with an entrance off Woodville Road.
A second adjacent property will remain a car wash.
The township zoning board approved the request in September on the condition the two parcels were combined with access only from Woodville Road.
Neighbors filed a referendum petition opposing the rezoning, which the trustees rejected, saying it did not have enough signatures.
When the board of elections met Dec. 21 to certify ballots issues and candidates for the March 19 primary ballot, it accepted the referendum despite the lack of valid signatures.
The petition had 382 valid signatures; 394 were needed.
A law that went into effect in October changed the number of signatures required to 15% of residents at the last gubernatorial election from 8%.
“Ignorance of the law is no excuse,” said Norman Abood, who represented Thomas.
He argued there was no public notice of the December elections board meeting, no legal counsel attended and there was no indication the zoning referendum petition would be discussed.
They do not require legal counsel at their meeting, said board of elections Chair Andy Newlove.
Thomas said it was his intent to appear at a meeting to discuss the petition.
Joe Zemenski, who lives on Bailey Road and circulated a referendum petition, was in attendance, according to Terry Burton, co-director of the Wood County Board of Elections.
The board agreed to place the referendum on the March ballot.
Lake Township trustees objected and asked for a hearing with the elections board.
On Tuesday, Thomas, his sister Shelly Blackburn and Nancy Zemenski testified.
Blackburn, of Northwood, said Nancy Zemenski was intimidating and argumentative when she approached asking for signature. She said no physical threats were made, but she did call Lake Township Police after the interaction.
Zemenski disputed that claim.
Abood pointed out all of the petitions were signed after the law went into effect. He said the statutory form, which was available to the public, clearly states the required signature from 15% of voters in the last gubernatorial election.
To claim they were not aware is not relevant, Abood said.
“The petition should be rejected because it doesn’t meet the legal requirements,” he said.
He argued notice of the intent by the elections board to discuss the petition was insufficient. Neither Thomas nor the trustees knew about the meeting.
Joshua Nolan, who represented Garrison, said the state raised the bar in the middle of the program.
He said the law on the required number of signatures should be retroactive to Sept. 19, when the trustees approved the zoning charge.
