BOARDMAN — The owner of a large piece of mostly undeveloped property on which a proposed 50-unit senior independent housing development is to be built is in violation of terms of a new construction permit, a township official contends.

During Monday evening’s regular trustees meeting at the fire station on Market Street, Thomas “T.J.” Keiren, the township’s planning and zoning inspector, alleged that Pivotal Housing Partners LLC, which owns the parcel at 8034 South Ave., has violated conditions set forth in the permit issued Nov. 28.

The company that owns the parcel on which the four-story Pointe at Walker Mill is to be constructed improperly mass graded the entire site, including a large chunk of property west of the proposed building that will be for people age 55 and older. In so doing, Pivotal exceeded the limits of disturbance put forth in the approved site plan, Keiren told trustees.

Limits of disturbance are boundaries in which all construction, building material storage, grading, landscaping and other related activities are to occur.

The company’s move also violated limits of disturbance provisions that were outlined in an approved stormwater pollution prevention plan that the Mahoning Soil & Water Conservation District administered on behalf of the township, Keiren said.

In response to irregularities zoning staff said it had noticed on the site, an inspection took place Feb. 15. At that time, they saw that “mass grading” had taken place and decimated the undeveloped portion of the property near where a detention pond is to be installed, according to Keiren’s report.

In response to a complaint, zoning officials visited the property a week later and saw that “conditions were actually worse, and so we are no longer relying solely on the enforcement of the SWP3 (stormwater pollution prevention plan), but we are also issuing a violation notice from the planning and zoning department,” Keiren said in his report.

Photographs he shared during Monday’s meeting show much of the undeveloped portion of the parcel has been cleared of trees and underbrush, with large debris piles nearby.

As a result, Keiran’s department instructed the contractor to make several corrections before the next inspection that’s scheduled for March 4.

Specifically, the corrections entail having a surveyor stake the approved limits of disturbance and area of encroachment; having the landscape architect offer an inventory of trees that existed there in the disturbed open habitat space and proposing a remediation plan; and agreeing to pay for a third-party consultant to review the proposed plan and recommend to township officials whether such a plan should be fully OK’d, approved with modifications or denied, Keiren noted.

If necessary, Keiran’s office may consider consulting with the Mahoning County Prosecutor’s Office to issue a stop-work order, he continued.

The proposed Pointe at Walker Mill, which would be just south of Rulli Bros, has generated some controversy because certain residents who live on Walker Mill Road and elsewhere near the site had expressed concerns about possible water runoff, to which Pivotal representatives said that detention basins would be included to alleviate that possibility.

Also during the session, Keiren said that his staff, in conjunction with the prosecutor’s office, issued a violation notice to the owner of a building in the 300 block of East Midlothian Boulevard, reportedly for running a group home without a conditional-use permit.

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