After a contentious public hearing Oct. 22, the Montville Township Board of Zoning Appeals unanimously voted to deny Pioneer Waterland Park’s application for a conditional zoning certificate.
After a contentious public hearing Oct. 22, the Montville Township Board of Zoning Appeals unanimously voted to deny Pioneer Waterland Park’s application for a conditional zoning certificate.
Park owner Maple Capital LLC had recently requested a conditional zoning certificate for the water park at 10661 Kile Road to allow for activities such as swimming, paddle boating, fishing, a tube river ride, miniature golf, water slides, arcade games, golf driving area, gas powered go-kart racing track, concessions, gift shop, playground, picnics, training, nature/cross country trails, overnight camping, baseball fields and arcade game room, according to the request.
Residents neighboring Pioneer Waterland Park, however, believe Maple Capital has been operating significantly outside the activities it specifies in the application.
Jim Brown, part owner of Maple Capital, was first called to the podium to explain the permit request.
He explained he became involved with the park after its previous owner died and Maple Capital took over its operation, facing an uncertain future.
Brown gave a brief rundown of the water park’s history, noting it has two artesian wells and was originally a location for family camping trips, eventually being used for company picnics, day-trips for area summer camps and daycares that employed local high school and college students on summer break.
Currently, there is no overnight camping allowed at the site, but it can host up to 5,000 people at one time and operates from 90 to 100 days per year from 11 a.m. to 7 p.m., he said.
“It’s been a labor of love,” Brown said of his involvement with Maple Capital and the park, adding he just wanted to keep it running as a site for families and groups to enjoy.
“We try to be good neighbors,” he said. “Hopefully, you’ll understand that we are an asset to the county, we pay wages, we offer employment to the kids and just try to make a little money on the side. We’re just trying to keep the place going.”
Board member Lu Ann Burger said the township has received complaints from residents about noise and activities that go on past midnight.
“How would you address that?” she asked Brown.
Brown said the park had hosted students from a Jewish school in Cleveland that had booked an evening event that included music, explaining that events like that usually run until 9 p.m. or 10 p.m. not including cleanup after guests leave.
Burger noted to residents in the audience that because Montville is a township, it does not have a noise ordinance.
Board member Matthew Hawkins questioned Brown about the park operation hours he listed versus what is on the park website.
“So your website is incorrect in saying you’re open every night until midnight? Or that you have Adult Nights with a DJ?” he asked.
“We’ve tried all kinds of things,” Brown responded. “We tried a dog night. We tried a couple of different things (to attract guests).”
When pressed about the noise complaints, Brown asked if any of these complaints had been made in writing or whether they were all hearsay.
Burger replied the board had at least one complaint in writing.
Resident Michelle Urban took to the podium next, reading a prepared statement describing chaotic and at times alarming amounts of activity going on at the park, which is across the street from her home. She noted loud music, bright lights, erratic traffic, aggressive drivers and a boisterous party atmosphere.
Evenings on Kile Road were peaceful until new ownership took over the park two years ago, Urban said.
“With Adult Nights, raves, Fear Fest, we can’t open our windows on nice evenings because of the noise,” she said. “We can’t sit outside because of the noise. There’s traffic for nearly a mile, women flashing their breasts, marijuana smoke. The crowds are loud, unruly and completely disrespectful.”
Urban said she and her neighbors have tried to address their concerns to Maple Capital partner and Pioneer Waterland Park owner Frank Dyrcz with little success.
“We’re the ones left dealing with the chaos,” Urban said.
She gave the board a list of police reports filed with the Geauga County Sheriff’s Office over the past two years, which she said included incident reports detailing EMS visits, fights, stabbings and overdoses.
“I felt like I was living in an episode of ‘Cops,’ (but here) in Geauga County,” Urban said, concluding her statements by playing a video taken within the last week on her cellphone of the park from her home.
On the video, loud music and “moaning” sound effects could be heard.
“He (Brown) says (they’re) closing at 9 or 10 p.m.,” Urban said. “This (recording) is at 11:15 p.m.”
Next, resident Jim Marsic, who is also a Montville Township trustee, spoke, saying the park has changed from the family-friendly community mainstay he’s known for over 60 years to a raucous, late-night weekend destination.
“I don’t have any issues (with the park) during the summer,” Marsic said. “I’ve gotten used to the difficult traffic hours and I know the benefit the park brings to the county.”
He does, however, take issue with the park operating outside of the hours and activities outlined in the zoning application, he said.
“They say hours would be 11 (a.m.) to 7 (p.m.),” he said. “We now see extreme lighting at night, every Saturday from 8 (p.m.) to 12 (p.m.). None of this is mentioned anywhere in the application.”
Marsic said one assault had been recorded at the park, but the current owners have worked to control and tamp down any further violence.
“My issue is a lack of respect,” Marsic said. “It’s not my intent to shut the water park down. I just want there to be respect for the community.”
Resident Andre Spaman described her experience as a new neighbor to the park. She had moved to a home on Kile Road a year ago and was quickly surprised by the volume of activity and noise at the park, she said.
She described hearing music laced with profanity at high volumes, which she does not want to expose her young children to, and an inability to sleep with the windows open on warm nights.
She also said the Adult Nights disturb the calm of the neighborhood.
“(Jim Brown) talked about having camping and picnics, having a family venue,” Spaman said. “I would love it if we could have that.”
Following the public hearing, Burger noted, “In 2014, when (overnight) camping was brought in, it was stated that quiet time would be at 10 p.m.”
Urban asked if the park’s zoning permit had expired. Hawkins replied it had.
Burger explained the park had obtained a five-year conditional zoning certificate in November of 2019, which had expired in November of last year, resulting in the park operating without one for the past year.
Board member Letty Kruty called for a vote to accept the conditional zoning certificate application as presented.
All five board members voted “no.”
Following the vote, Urban asked what the implications were for the continued operation of the park and Hawkins explained the park was now “operating outside of legal bounds.”
Burger said the board’s next step would be to contact the Geauga County Prosecutor’s Office to see what it needs to do next.
