BOARDMAN — A local business owner being sued by the township for alleged zoning violations is now requesting a permit to expand one of his Southern Boulevard parking lots.

John S. Evan, owner of The Howland Co., Southern Six LLC, The Evan Co. and other small corporations clustered at or around 7366 Southern Blvd. behind the Southern Park Mall, is facing a lawsuit, filed in late January by Boardman Township Zoning Inspector T.J. Keiran, for allegedly sorting and storing asbestos and other industrial use materials on a commercially zoned property.

The company has multiple contracts with Mahoning County and some private entities in the area, and other local officials say they have had no problem with Howland. However, neighbors near Evan’s property say it’s been a nuisance and that Evan has been antagonistic when the issues have been addressed with him.

At a township trustees meeting earlier this month — and at earlier meetings — local audiologist Dr. Sheryl Figliano asked township officials to intercede and stop Evan’s objectionable and presumably illegal activities. Figliano owns 126 York Ave. and 7388 Southern Blvd., which are both adjacent to the properties of Evan’s businesses at 7386, 7380 and 7378 South Blvd.

Figliano noted that on Sept. 24, she received an email from Kristy Boyles, an environmental health specialist with Mahoning County Public Health, which documented a lack of dumpsters on site at Evan’s property that are used to sort asbestos.

This was about two weeks after Keiran issued a notice of zoning violations to Evan.

“We have a residential property there, a six-plex. Mr. Evan also has a residential property he rents out. I would like to know if there have been any zoning changes? This industrial work continues to go on, asbestos is brought in and sorted on these properties. You all have known about it for quite some time and there’s been no stopping of anything,” Figliano said. “I know there’s a court order, but couldn’t you put a stop to the industrial work going on because this is not zoned industrial.”

At the April 6 trustees meeting, Keiran said there is nothing the county can do while the matter is in litigation.

Filed in the court of Mahoning County Common Pleas Court Judge John Durkin, the complaint orders Evan to immediately cease the industrial operations and remove the containers used for storing the materials. The filing states that, per Boardman zoning laws, Evan can be fined $500 per day for every day the operations continue past the Sept. 12 notice. It has been roughly 230 days since the notice was issued, which amounts to approximately $115,000 should Evan not heed the order and Durkin decide to enforce the full penalty.

PARKING LOT APPLICATION

Figliano also asked officials about a permit Evan sought for a parking lot expansion. On April 6, Keiran said Evan had submitted an incomplete application for the project that his office rejected, and Evan was within the appeal period.

On Friday, Keiran said Evan has since filed a complete application.

“He has filed for a conditional use permit. So he will be going before the architectural review board for review and recommendation,” Keiran said. “And if he receives that recommendation, he would go before the board of zoning appeals.”

Keiran said Evan will have to present a basic “type A” site plan that gives the ARB a fundamental understanding of what the project looks like. If the board gives him a recommendation for it, then he will need to compile and present a “type B” site plan that includes details about zoning-standard landscaping and stormwater requirements.

Keiran said he could not speak about how the pending litigation might factor into the decisions made by either board or by his office, as it relates to the parking lot expansion, but he is consulting with the Mahoning County Prosecutor’s Office about it. He did say only one of the properties involved in the proposed project is included in the January lawsuit filing.

The ARB meeting on May 14 is open to the public, but no public testimony will be taken, Keiran said..

Figliano noted at the April 6 trustees meeting that Evan specified he would be using 2 feet worth of backfill for one of his parking lots, but has amassed more than five feet worth.

“There’s no underground water storage, and he does not have a permit to do it, but you’re not stopping him. Why can’t we halt those activities if there is no permit?” she asked.

Keiran said the township can do nothing about that.

“We don’t have the authority to stop the filling. Filling is not something a township can regulate until it becomes part of a development permit,” he said. “Because the overall impact is less than an acre, the county engineer’s office is also not involved until such time as they review the stormwater plans that come in the future.”

OTHER CONTRACTS

While Figliano and township officials may have objections to Evan’s way of doing business, others in the county say the company has been a reliable partner for doing the job it is hired to do.

The Mahoning County Healthy Homes and Lead Hazard Control Program regularly contracts with Howland Co., among 10 actively bidding registered contractors — six of which have been awarded county work, for many of its state- and federally-funded lead remediation projects. Healthy Homes and Lead Hazard Control Director Phil Puryear said Howland registered with his office in 2020-21 and has been bidding on and completing projects for the county ever since.

“Howland has provided all documentation that is necessary to bid on my work, including insurances, licenses and certifications,” Puryear said. “They have never been debarred, federally, which my staff is required to check prior to every bid that we have awarded to them. They complete projects, and in every instance they pass post project clearance testing performed by an independent third party State of Ohio licensed risk assessor.”

According to the county’s Office of Management and Budget, Mahoning has paid nearly $84,000 to Howland for seven projects so far in 2026. A survey of commissioners meeting agendas shows the county has approved six contracts with Howland for lead-based paint abatement projects, totaling $144,797, and two change orders totaling $3,750.

Despite the legal issues the company might have with Boardman, Puryear said the county has no reason to discontinue its professional relationship with Howland.

“As with every contractor that has ever registered to work in our programs, there are periods of learning our processes, learning work practice and best practice standards, and the headaches associated with medium to large projects in homes that were built over the past 140 years, that are often our focus,” Puryear said. “We have not had a disproportionate amount of issues with the Howland company as compared to any other of our registered contractors.”

Although he said he will keep an eye on the developments in the case.

“I will continue to follow this particular contractor in light of the concerns that have been stated and will take appropriate action if compliance issues come to light that concern the improper storage or disposal of environmental elements that may be generated by projects that are done through this office,” he said. “However, it appears that the authorities that have oversight over my program have found no issue with [Evan’s] handling of waste.”

Howland Co. vehicles and employees also were seen recently at the site of the Phoenix House senior-living highrise in Austintown. That building exploded from a gas leak on Nov. 22, leaving its more than 130 residents seeking a new home just days before Thanksgiving.

The Vindicator reached out to Austintown Studio Apartments, the company that owns and manages Phoenix House, but did not receive a reply.