MILLBURY – Lake Township Trustees have approved a rezoning request that will allow a construction company to move to a site on Woodville Road.

More than 30 people attended a hearing Thursday at the township hall, where trustees considered a court-approved consent agreement with Hillabrand Holdings LLC.

Trustees in July opposed a request from Hillabrand to rezone 33.3 acres located on Woodville Road east of Bradner Road from R-2 residential to B-3 highway business.

Properties to the west, south and northeast are currently zoned R-2 residential; properties to the northwest are zoned B-1 neighborhood business and B-2 general business; properties directly north are zoned R-1 suburban residential.

Hillabrand wanted to move its offices out of leased space to the location.

Hillabrand appealed the decision, arguing it was unconstitutional, and after extensive settlement negotiations and mediation, the parties asked the court to enter a consent judgement.

The agreement would have Hillabrand split the property with approximately 5-7 acres rezoned B-3 with the remaining staying R-2.

As a condition, Hillabrand will construct buffer yards and not allow any construction materials to be stored on the remaining 25 acres.

The judge determined this to be a fair and reasonable settlement, said attorney Teresa L. Grigsby, whose firm, Spengler Nathanson, was retained by the township’s insurance carrier.

“I believe the proposed settlement agreement … is in the best interest of the township,” Grigsby said at the hearing.

She recommended its approval.

The purpose of the hearing was to allow public input on the issue.

Most of those residents who spoke were against the rezoning.

Township resident Paul Lambrecht said trustees were making decisions based on erroneous zoning maps.

“I can’t see how a decision can possibly be made based on information that has admittedly been said to be inaccurate and incorrect,” he said.

“Zoning exists to protect the citizens and their homes, not businesses,” he said.

“This whole process is a travesty,” said Joe Kill, who lives on Woodvill Road across from the property under discussion.

He said the rezoning will affect the value of all the properties in that area.

Karen Magnone, of Millbury, said a business that sues the township isn’t a good neighbor.

Everyone has property rights, including the right to sell farmland for industrial use, said Linda Holmes, who works in the Wood County Prosecuting Attorney’s civil division.

“All of you live near something,” said Millbury resident Ted Thomas, who also sued the township after trustees denied his rezoning request.

That issue is appearing as a referendum on the March 19 ballot.

“You needed businesses to keep this place alive,” he said.

John Nuckols, Millbury, said the township has been derelict in its zoning duties for more than 40 years.

He suggested hiring more zoning officers as there are zoning problems not being addressed.

“This township has been derelict on zoning for many years. They need to step up and solve our problems,” he said.

Trustee Melanie Bowen-Greenwald has said since the beginning of the year that they were working to update the township’s zoning maps.

Grigsby said if Hillabrand violates the agreement, the township can seek a court order.

Dan Prewitt, Millbury, asked if the township could start a referendum petition to put the issue on the ballot.

Not for this matter, said Holmes, since it was court decreed.

Prewitt asked trustees to include a clause in the agreement that the township should have the ability to vote on the rezoning request.

He also encouraged trustees to follow through with the lawsuit and not sign the agreement.

Trustees are here to represent the people, not a landowner who is suing us, he said.

“This does not fit with the neighborhood,” Prewitt said.

Grigsby said a lawsuit carries significant legal risk and cost.

She said Magistrate Judge Darrell Clay, with the United States District Court for the Northern District of Ohio, is highly respected and “he knows a fair and reasonable agreement when he sees it.”

As the township’s legal counsel, she recommended trustees approve the agreement.

Not everyone was against the rezoning.

William Keller, of Keller Road, pointed out the company was trying to move its business from a rented property to one they owned and will pay taxes on.

“A million-dollar property is going to bring taxes in to help our fire department and our police department,” he said.

Arlyn Brinker, who lives on Tracy Road, asked what was wrong with a township that caters to outsiders like First Solar but denies local people the opportunity to expand.

Trustees voted 3-0 to accept the judgement.

Trustees “have systematically eliminated our voice,” Lambrecht said after the meeting.

Trustee Lorie Davis called it a “reasonable settlement” and she supported the issue because she didn’t want to take the chance the judge would vote in favor of rezoning the entire property.

“This was the best deal we could have got,” Bowen-Greenwald said. “None of us like it (but) it could have been a lot worse.”