Two Montville Homeowners to Clean Up Properties This Fall

September 12, 0204

By Josh Echt
Montville Township property owners Dan Tvergyak and Robert Biacofsky reassured trustees they are in the process of cleaning up their properties, respectively located on Clay Street and on GAR Highway near the center of Montville.
At last Tuesday’s trustees meeting, the two men met with the board and explained their situations and how they were remedying them. Both men said they expected to have their situations taken care of this fall.
Construction Debris Found
Tvergyak said he has been “working hard” to remove the debris from a property he owns at 10052 Clay Street.
In early June, neighbors alleged there was construction debris scattered on the L-shaped property, so they brought the issue to the trustees’ attention.
Assistant Zoning Inspector/Zoning Secretary Karen Hawkins subsequently sent a letter to the homeowner, asking him to respond regarding the situation, Trustee Jim Mar-sic said.
This summer, the homeowner told Marsic there were several loads of materials from a tear-down pro-ject on his pro-perty, but said there was nothing buried or conta-minated, which would have violated Geauga Soil and Water Conservation District rules and Ohio Environmental Protection Agency standards.
A few hours before the Aug. 7 trustees meeting, Marsic and Zoning Inspector Mike Benesh looked over the property and found debris on the property.
Subsequently, after trustees consulted with Assistant Geauga County Pros-ecutor Bridey Matheney, they issued a zoning violation to the property owner and requested his attendance at last week’s meeting.
Although Tvergyak told trustees he was removing the material from his property, he asked who told trustees about the situation.
“I got a lot of favors going around,” he said, adding he has helped his neighbors in various ways, such as digging out their ponds and helping them with construction tasks.
“If someone’s filing a complaint against me, I want to know who it is,” he said. “I feel I’m legally obligated to do that.”
Marsic said he would check with the township’s legal counsel if Tvergyak is allowed to get information about the complainant.
He said he his using tandem loads to remove the materials from his site and asked whether or not he could bring organic loads — not materials loads as he had done — onto his property.
“It depends on where you are getting it,” Trustee Alexa Holbert said.
However, Marsic said “no” right away.
“Using Montville as a landfill is out of the question,” he said.
Holbert added, “This better not happen again.”
Marsic said he would meet with Tvergyak at his property in October, along with Zoning Inspector Mike Benesh to ensure compliance with regulations.
“It appears from his word he is making an effort to take the materials off the property,” the trustee said after he left.
Problems Since 2004
The second property, owned by Cleveland resident Robert Biacofsky, is a 3.06-acre parcel. The 1,102-square-foot farmhouse built in 1879 has been removed but the debris remains, trustees said.
It is located at 16565 GAR Highway and is valued at $28,000, according to the auditor’s office.
The last time Biacofsky showed up in person was a March 2011 trustees meeting, Holbert said at the Aug. 20 trustees meeting.
Marsic said the issue has been present since 2004.
Fiscal Officer Sarah McDonald said she thought that property had been a problem with trustees dating back to 2002, adding many zoning inspectors have come and gone since that time.
“I started moving things last Friday and Saturday,” Biacofsky said.
Trustees asked him about the presence of a dump truck, but the property owner said the vehicle was there to remove the dirt.
Marsic said cinder-block remains from the house’s foundation could be crushed and turned into a layer of material used for a driveway.
“We’ll keep moving things out,” he added.
Holbert asked him for an estimated date of completion and Biacofsky said “the fall” was an estimated time.
“We’re getting into wet weather again,” she said. “We prefer not to go the legal route.”