Signs remained in front of a gate to Jeff Wyler Eastgate Auto Mall on Aug. 6, 2016, after a protest by residents against the open gate.
Signs remained in front of a gate to Jeff Wyler Eastgate Auto Mall on Aug. 6, 2016, after a protest by residents against the open gate.

By Kelly Cantwell
Editor

 

Some Clepper Lane residents in Union Township are frustrated by an open gate accessing the Jeff Wyler Eastgate Auto Mall on their street, which they say has made their neighborhood unsafe.

The gate has been closed since 2006, when trustees voted on the issue, except for a brief period in 2015.

On Jan. 10, 2006, Mountain Agency, LLC asked the trustees to be able to continue development along Clepper Lane. The agency agreed to construct a gate entrance for what was an expansion of Jeff Wyler’s new and used car display, according to meeting minutes. Trustees Bob McGee, Barbara Wiedenbein and Carl Walker voted to table the zoning case.

During the public hearing Gary Mack, a resident of Clepper Lane, spoke against access to Wyler on Clepper because it was a no-outlet residential street.

On Feb. 14, 2006, the trustees revisited the zoning case in another public hearing to attempt to resolve it. Ron Roberts explained that they are trying to modify what is there already and that the access on Clepper Lane would serve as a turn around. Several residents spoke in opposition.

The trustees unanimously decided to approve the development plan, with the exception of the gate, according to meeting minutes.

Wiedenbein recalls saying she would not vote for leaving the gate open because she didn’t want the residents to deal with trucks coming in late at night and with the wear and tear the trucks would cause on the road.

“It should not be open,” Wiedenbein said.

She added, “I just think it’s a risk to the people who live on Clepper Lane.”

Wiedenbein is curious about why the gate is an issue now when the trustees voted so long ago to close it.

The gate was closed after that meeting until 2015. At that time resident Amanda Schott contacted Jeff Wyler, who told the general manager of the auto mall to close the gate, which he did.

However, the gate was opened in May this year and has remained open since.

The zoning on the gate is unclear. At some point there was a change made stating that the gate could be open for employee access, according to McGraw, but the change did not clarify what employee access meant or how often the gate would be open. McGraw believes that change was made in 2015, when Jeff Wyler requested a zoning change after building the Mazda dealership.

The trustees held a public hearing on July 28 after which the trustees could have approved a zoning plan that clarified what the gate’s use would be. The move was prompted by McGraw reaching out to Jeff Wyler when he realized that the current zoning plans did not clearly identify the use of the gate.

Jeff Wyler asked to leave the gate open all the time. After the public hearing closed, Acres and Beamer stayed silent and did not make or second a motion.

The lack of action left the issue open. Beamer and Acres also could have modified the zoning or denied it, McGraw said.

Schott feels that the way the trustees dealt with this was very underhanded. The residents were not notified that the public hearing would be held and she felt McGraw did not explain what the case was about, leaving her confused until Acres clarified after the public comment period was over.

She was also frustrated with the points that McGraw made after public comment, all of which she feels she could have easily argued given the opportunity.

It is good Beamer and Acres did not support the motion, but Schott does not see the situation as positive. She couldn’t believe that the trustees put the zoning case on the agenda after she had been talking with them for months about getting the gate closed.

“I was floored. I was completely disgusted and totally shocked,” Schott said.

She added that she is disappointed that Beamer and Acres did not say the gate should be closed.

“I’m very confused as to why it’s being permitted presently,” Schott said.

She believes that Jeff Wyler is breaking the rules by leaving the gate open and is frustrated that the township is not forcing them to close it.

“It just blows me away that the people who made the rules are breaking them.”

Schott added that she does not want to make the township or Jeff Wyler look bad, she just wants the gate to be closed.

Since Beamer and Acres did not make a motion, things will stay the same for now. McGraw does believe that the residents are trying to make it appear as though this is a quiet street being invaded by a big company, but the residents came to the trustees in 1995 and asked that the street be zoned as planned development.

“I’m all for safety,” McGraw said, but he added that he would not ask the township to zone his property as planned development.

McGraw is fed up with Beamer, Acres and the residents, he said. It would be easier and more beneficial personally for him to side with the residents because they vote but he is working to follow the rules.

“I’m trying to do what’s right based on the way the zoning is set up,” McGraw said.

He added, “They asked for this.”

The residents put themselves in this situation, they aren’t being blind-sighted, McGraw said. The situation would be different if the change in zoning was forced on them but it wasn’t.

“Believe me, I feel for them,” McGraw said.

Resident Cheryl Luhn said that McGraw told her he would order the gate shut.

McGraw, however, said he never told any of the residents that.

“I said I would look into the situation,” McGraw said.

Unless Jeff Wyler refused to cooperate, McGraw never promised to shut the gate. Jeff Wyler has cooperated by bringing the zoning modification to the trustees.

Schott and Luhn, have spoken to the trustees multiple times and feel they’re getting dragged along by Trustee John McGraw.

“It’s obvious that Wyler is getting preferential treatment,” Schott said.

There are no sidewalks on the street, so many residents are concerned about their children’s safety. In the eight homes, there are 15 children. Schott’s son was almost hit while backing out of the driveway, she said.

The traffic on the road has tripled and some drivers are driving about 50 miles per hour, Luhn estimated.

“It’s been a big nuisance,” she said.

Luhn said they can’t even go to their mailboxes without being concerned about being run over.

“Our children’s safety trumps their employees’ convenience, I’m sorry,” Luhn said.

She held a protest on Aug. 6. Jeff Wyler employees ended up shutting the gate, in addition to calling the police. Three officers responded, which Luhn found frustrating because she said she calls the police department every day and no one comes out.

The Union Township Police Department responds to any radar request when they can, based on officer availability, said Chief Scott Gaviglia.

“We spend a lot of time on Clepper with radar,” Gaviglia said.

He added, “We can’t be on Clepper 24-7. Union Township is a busy place.”

The department is currently doing a speed study to determine if there is speeding occurring on Clepper. The study will also show if there is a certain time of day where drivers are speeding more, which will help the department target their efforts. Speed studies are helpful because it is a scientific method, so there is no emotion involved, Gaviglia said.

Beamer declined to comment. Acres and Jeff Wyler could not be reached.