HomeMy WebLinkAbout1974 Minutest'"'
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,January 7,1974
The regular meeting of the Washington County Planning and Zoning
Commission was held on Monday,January 7,at 7:30 P.M.in the
Conference Room of the Court House Annex.
Present were:Chairman Donald R.Frush,Vice-Chairman William
B.Dorsey,John C.Herbst,Charles Morrison,David W.Sowers,
Barry A.Teach,Administ~ator,Alari R.M~sselman,County Planner,
Jack S.Hawbaker,Zoning Administrator,Ronald Shives and Robert
Garver,Assistant Planners.Not present:Thomas P.Dugan and
,Paul W.Hoffman.Mr.Maginnis reporting for the Herald-Mail.
The meeting was called to order at 7:30 P.M.
MINUTES:
The Minutes of the meeting of December 20,1973,were approved
as presented,on a motion by Mr.Sowers and seconded by Mr.Dorsey.
So ordered.
BILLS AND CO~WillNICATIONS:
The Commission voted,on a motion by Mr.Dotsey and seconded by
Mr.Herbst,to pay invoices in the amounts of $4.06.15 and $471.92
fpr the Historical Sites Survey.So ordered.
Letter from Scribner Sheafor -RE:Extension o~MD.P-I002:
The Chairman brought to the attention of the Commission,a let-
ter from the Department of State Planning in regard to the denial
of the request for an extension of the MD.P-1002 Contract and
stated that the particulars will be worked out with the consult-
ant.
The Chairman requested the Commission to consider first,matters
concerning persons who were in attendance in order that they
woul,d not have to be unnecessarily detained.
461
On a motion by Mr.Dorsey and seconded by Mr.Herbst,the
sion voted to consider a request for Mr.John Merrbaugh.
orderd.
~ohn Merrbau~-Zoning Violation:
Cummis-
So
Mr.Merrbaugh appeared'before the Commission with ,the request
that an extension of time be granted to terminate his business
as pertains to denial by the Board of Appeals for a special
exception use as a truck service and repair garage.
On a motion by Mr.Morrison and seconded by Mr.Herbst,the Com-
mission voted to grant an extension of 90 days,from this date,
to correct the violation of the Zoning Ordinance.So ordered.
OLD AND UNFINTSBED BUSINESS,
Flood Plain Studies:
The Chairman brought to the attention of the Commission,as
relates to flood plain studies,services to be performed by the
Tri-County Council delineating flood plains and slope densities
on Washington County property maps at a scale of 1"=600'in
order that all planning information will be available on one set
of maps.The Commission directed Mr.Musselman to proceed with
the scope of serVices for the completion of this task.
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OLD AND UNFINISHED BUSINESS,CONTD.:
Water/Waste Water Plan:
The Chairma~reported that the contract for the Water/Waste
Water Plan was sent to ~he State for review and that there were
a few minor revisions required.The contract will be ready for
signatures within the next few days.
County Municipalities -701 Contract:
The Chairman reported that the resolution to constitute a Plan-
ning Commission has been received from the town of Clear Spring
and will be recorded by the Clerk of Circuit Court.
Highway Classifications and Highway Plan:
Mr.Musselman presented to the Commission,a print of the map to
be handed out prior to public hearing as regards the Highway
Classifications and Highway Plan for the County.The hearing is
scheduled for Febuary 11,1974.
The Chairman called to the attention of the Commission,that a
workshop meeting with the consultant had been scheduled for
Thursday,January 10,relative to the Highway Interchange Study
and the Management Framework Study.A workshop is also scheduled
with the consultant on January 24,pertaining to the Housing Study.
Transit Planning Study:
The Chairman reported that the.scope of services proposals will
be returned by the consultants by January 18,and appointed Mr.
Morrison and Mr.Sowers to serve with him as a commlttee to re-
view the proposals and make their recommendations to the Commis-
sion in conformance with established policy for selection of con-
sultants.
Zoning Text Amendments:
The Chairman pointed out that there is no legal way at this time
to present the amendment change as pertains to RZ-52,and
requested that it be prepared for the next Commission rezoning
meeting.
Citizen Participation and Communication:
As a result of the Chairman's request at the last meeting that
staff recommendations to the Commission pertaining to citizen
participation and communication be provided,a report was read
as prepared by the staff in this regard.The report was exten-
sively discussed by the Commission particularly as pertains to
evening hours contingent upon time element involved on the part
of the staff,bulk mailing of the Planning and Zoning Newsletter
and as a point of contact for public information~Mr.Teach to
handle office procedure and administrative matters and Mr.
Musselman handling planning activities.
The Commission voted,on a motion by Mr.Sowers .and seconded by
Mr.Dorsey,to adopt all policies which can better serve the
public and to change the Bylaws of the Commission accordingly.
So ordered.
Public Information -Engineering:
It was brought to the attention of the Commission and the press,
that the public should be informed of recently adopted Commission
policies as pertains to approval of 1 and 2 lot subdivisions by
the staff,final approval authorization signature by the Chairman
and the deletion of the 90 day recordation regulation,all of
which will be beneficial to the public,both time-wise and cost-'
wise in the drawing up of plats by engineers.
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OLD AND UNFINISHED BUSINESS,CONTD.:
Public Information -Engineering,Contd.:
The chairman requested that the staff advise all engineers and
surveyors involved in the submission of subdivision plats of
Commission policies,so that all would be aware of what will be
a matter of public information.
Zoning Text Amendments:
The Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Sowers,to adopt the definition as presented in 28.03 and as
recommended by the Farm Bureau,and forward Zoning Text amendment
RZ-40 to the County Commissioners for their public hearing.It
was noted that no recommendation had been received from the
Advisory Board as requested by the Commission by notification to
the Advisory Board Chairman that the definition would be consid-
ered on this date.So ordered.
Emmanuel AEple -Sign Permit:
Commission action was deferred until next meeting pending a deci-
sion by the County Commissioners in regard to County right-of-way.
0THER BUSINESS:
Hubert Stine -Zoning violation:
The Zoning Administrator advised the Commission that a zoning
permit for a garage had been obtained by Mr.Stine for a garage
but that upon inspection it was found to be in use as a ware-
house,constituting a violation of the Zoning Ordinance,and
recommending that the matter be turned over to legal council.
On a motion by Mr.Sowers and seconded by Mr.Morrison,the Com-
mission voted to refer the matter to the Planning Commission
attorney as a violation of the Zoning Ordinance.So ordered.
Plats Approved Under New Adm~nistrative Policy:
The Chairman reported for the record,the following plats which
had been approved under the new Commission policy to permit staff
review and approval:
Simplified Plats:
Ronald Keyton,approved January 7,1974,McClanathan to Hopkins,
approved January 7,1974,McClanathan to Shipley,approved Janu-
ary 7,1974.
Development:
Clayton S.Violet,approved January 7,1974 and Ezra Martin,Lot
1.approved January 7.1974.
SUBDIVISION CONTROL REGULATIONS,
PRELIMINARY PLATS,
Greenhill Development (13 Lots)(24 Acres):
The Commission,noting that t~is development falls under the
definition of "panhandle lot"sUbdivision,voted,on a motion by
Mr.Sowers and seconded by Mr.Morrison to disapprove the plat
file in accordance with the provisions of Section 405.paragraph
l3(b)of the Subdivision Ordinance.So ordered...
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464
PRELIMINARY PLA1'S,CONTD.:•
Woburn Estates,Section 5 (4 Lots)(18 Acres)(60 Day Limit),
The Commission voted,on a motion by Mr.Sowers and seconded by
Mr.Dorsey,to disapprove the plat file in accordance with the
requirments of Section 405,paragraph l3(b)of the Subdivision
Ordinance.This subdivision also falls under the definition of
"panhandle lots".So ordered.
Robert Poffenberger (60 Day Limit):
Noting that this subdivision falls under the definition of "pan-
handle lots",the Commission voted to disapprove the plat file
in accordance with the requirments of Section 405,paragraph
l3(b)on a motion by Mr.Dorsey and seconded by Mr.Sowers.So
ordered.
John T.Chambers (3 Lots):
Upon review of the plat file and noting that it had been verified
that the subdivision is not on an existing farm lane,the Commis-
sion voted to disapprove the plat application in accordance with
the requirements of Section 405,paragraph l3(b)of the Subdi-
vision Ordinance.The motion was made by Mr.Dorsey and seconded
by Mr.Morrison.So ordered.
Annual Report:
The Chairman reported for the information of the Commission,that
the Annual Report was scheduled to be heard by the County Commis-
sioners at 3:00 P.M.on January 29,and requested all to be pre-
sent if possible.
State Land Use 'Bill:
A regional meeting in Cumberland on January 17,and public meeting
in Hagerstown on January 15,are scheduled in regard to the State
Land Use Bill.Mr.Musselman stated that he would have a report
to present to the Commission at the next meeting as pertains to
the Land Use Bill.
NEXT MEETING DATE:
The next regular meeting of the Planning and Zoning Commission is
scheduled for January 21,1974 at 7:30 P.M.
ADJOURNMENT:
Following the question and
for the press,the me~ting
by Mr.Dorsey and seconded
January 21,1974
answer period which has been set aside
was adjourned at 9:00 P.M.on a motion
by Mr.Morrison.So ordered.
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Donald R.Frush,Cha1rman
The regular meeting of the Planning and Zoning Commission was
held on Monday,January 21,1974 at 7:30 P.M.in the Conference
Room of the Court House Annex.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.
Dorsey,Thomas P.Dugan,John C.Herbst,Charles Morrison,David
W.Sowers,Administrator Barry A.Teach,Planning Director Alan
R.Musselman,Zoning Administrator Jack S.Hawbaker,Assistant
Planners Ronald Shives and Robert Garver.Not present:Paul W.
Hoffman.
The Chairman called the meeting to order at 7:35 P.M.
MINUTES:
The minutes
approved as
Mr.Herbst.
of the Commission meeting of December 20,1973,were
presented on a motion by Mr.Morrison and seconded by
So ordered.
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The Commission minutes of the meeting of January 7,1974,were
approved as written on a motion by Mr.Dorsey and seconded by Mr.
Sowers.So ordered.
In regard to the new Commission policy as pertains to persons in
attendance and requesting audience,the Chairman brought to the
attention of the Commission,a plat which had been previously .
disapproved under the provisions of Section 405,paragraph 13(B),
for Mr.Poffenburger.Mr.Philips,appearing in behalf of Mr.
Poffenburger,asked the Commission to comment on the plat con-
taining 20.33 acres intended to be established as a farm with
dwelling and farm buildings,purchased with such intent two years
previously,and from which the owner is desirous of conveying
a 6 acre tract.
Following a lengthy discussion,the Commission agreed to recognize
the tract of land as a new1~established farm,effective at the
time of purchase of the property two years previously,and on a
motion by Mr.Herbst and seconded by Mr.Dugan.approved the
transfer of the 6 acre parcel under the provisions of Section 405,
paragraph 13(B)and asked that the staff process the plat under
the new Commission policy as pertains to plat approval,contingent
upon requirements thereof being met.So ordered.
BILLS AND COMMUNICATIONS,
The Commission directed,on a motion by Mr.Dorsey and seconded
by Mr.Sowers,that an invoice in the amount of $435.08 for the
Historical Sites Inventory be paid to the consultant.So ordered.
In regard to an invoi~~from the firm of Baker-Wibber1ey and
Associates,for 1973 amendments to the Comprehensive Water and
Waste Water Plan,the Commission voted,on a motion by Mr.Dorsey
and seconded by Mr.Dugan,··to defe.r action until other sources of
funding can be investigated.So ordered.
PRELIMINARY PLAT:
Rust-Oleum (Industrial):
Upon review of the plat file and noting that a telegram had been
received stating that the Corporation Statement would be signed,
and also noting that the Planning Director recommended that the
County Engineer be asked to review the plat further relative to
drainage,the Commission voted to grant approval on a motion by
Mr.Dorsey and seconded by Mr.Sowers.Mr.Morris0n voted "no".
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Dugan,to direct the Chairman to witho1d final signature of
a?prova1 until the plat has been reviewed by the Soil Conservation
D~strict and the County Engineer relative to the excitement of
drainage problems downstream of the development.Unanimously
approved.
ZONING REGULATIONS:
Emmanuel Apple:
On December 3,1973,a sign permit for Emmanuel Apple was direc-
ted to the County Commissioners in regard to jurisdiction of
activity in both easement and fee simple of County owned land.
It has been determined that the sign in question is in violation
of the Zoning Ordinance,and the Commiss10n voted,on a motion
by Mr.Dorsey and seconded by Mr.Sowers,to direct the Zoning
Administrator to proceed with removal of the sign,within what-
ever time limit he deems necessary.So ordered.
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Forty East Motel:
On a motion ~y Mr.Herbst and seconded by Mr.Dorsey,the Commis-
sion voted to approve the issuance of a sign replacement permit
for Forty East Motel.So ordered.
Martin's Furniture:
The Commission voted,on a
Mr.Sowers,to approve the
Martin's Furniture Store.
motion by Mr.Herbst and seconded
application for a sign permit to
So ordered.
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Violations -Mobile Home Skirting:
Betty Murphy and Thomas Giffin:
The Zoning Administrator brought to the attention of the Commis-
sion,violations of the Zoning Ordinance as pertains to Section
22.54 in regard to mobile home skirting,and stating that the
occupants had been notified by certified mail that compliance
would be necessary.
On a motion by Mr.Herbst and seconded by Mr.Sowers,the Commis-
sion directed the Zoning Administrator to proceed with enforce-
ment of the provisions of the Zoning Ordinance.So ordered.
Violations -Non-Conforming Property Surveys:
It was brought to the attention of the Commission that the fol-
lowing non-conforming properties had Rot complied with the
requirements of Section 4.3 (E)of the Zoning Ordinance:Ameri-
can Auto Sales,Cavetown Auto Sales,Clark's Auto Repair,Downs-
ville Motors,Smith's Repair Shop,and Auto Salvage and Parts Co.,
:nc~
The Commission voted,on a motion by Mr.Sowers and seconded by
Mr.Morrison,to direct that the provisions of the Ordinance be
followed in accordance with the requirements of Section 4.3 (E).
So ordered.
Violation -Business Sign:
Floris Knight:
It was brought to the attention of the Commission that a viola-
tion of the Zoning Ordinance exists as regards the placement of
a business sign by Floris Knisht.It was noted that the Board of
Appeals had granted an except~on for an antique shop,specifying
that the distance requirements be met for sign placement.
On a motion by Mr.Herbst and seconded by Mr.Dorsey,the Commis-
sion directed that the provisions of the Ordinance and Board of
Appeals action be carried out.So ordered.
SUBDIVISION CONTROL REGULATIONS:
PRELIMINARY PLATS:
Ben Weller ~(60 Day Limit):
Upon review of the plat file,the Commission voted,on a motion,
by Mr.sowers and seconded by Mr.Dorsey,to disapprove the appli-
cation because it did not receive Health Department Approval per
Section 510 of the Subdivision Ordinance or County Engineer's
Approval per Section 504 of the Subdivision Ordinance.So ordered.
Cohill Estates -(4 Lots)(22.9 Acres):
The Commission voted,on a motion by Mr.Morrison and seconded
by Mr.Sowers,to disapprove the plat file in accordance with the
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PRELIMINARY PLATS,CONTD.,
Cohill Estates,Contd.,
provisions of Section 405,paragraph 13(B)of the Subdivision
Ordinance.So ordered.
FINAL PLAT:
Hopkins Ridge [7 Lots)[22.5 Acres),
upon review of the plat file,it was brought to the attention of
the Commission that this subdivision should be reviewed by the
City of Hagerstown as pertains to effects of the development on
City water supply.
The Commission voted,on a motion by Mr.Dugan and seconded by
Mr.Morrison,to request immediate review by the City of Hagers-
town and the Hagerstown Planning and Zoning Commission as per-
tains to the watershed area so that their comments will be avail-
able for Commission consideration by Thursday,at which time an
agenda will be prepared for the scheduled workshop meeting.So
ordered.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
The Chairman reported that letters had been received from Con-
gressman Byron and Senator Beall stating that an update of stud-
ies had been requested and a report would be forthcoming.Also,
the Tri-County Council has begun mapping of flood plain informa-
tion as of this date.
Water/Waste Water Plan:
The Chairman reported that the contract for the update of the Com-
prehensive Water and Waste Water Plan has been signed by the City
of Hagerstown and the Commission Chairman and is to be signed by
the County Commissioners on Tuesday.
county Municipalities -701 Contract:
The Chairman reported that the towns of Funkstown and Hancock
have adopted reSOlutions to establish Planning Commissions and
that the municipalities of Keedysville,Smithsburg,and Sharpsburg
are still to be visited.
Highway Classification~and Highway Plan,
Notice of the public hearing to be held on February 11,will be
published in the newspaper and copies of the proposals are being
sent to all jurisdictions.The map and proposals as pertains to
the Highway Plan and Classification ~roposalswill be available
in the Commission office for public 1nformation and distribution.
Highway Interchange Study:
The Chairman stated that the consultant has agreed to make the
requested changes in the Highway Interchange Study in order that
they be consistent with existing ordinances.
Management Framework Study:
Thero is nothing new to add to the status of the Management Frame-
work Study at this time .
.Housing Study:
A workshop meeting with the consultant is scheduled to consider
tho Housing Study on January 24 in tho Commission office meeting
room.
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OLD AND UNFINISHED BUSINESS,CONTD.:
Transit Planning Study:
The Chairman reported that the scope of services for the Transit
Planning Study had been 'mailed to approximately 15 consultants
requesting that their proposals be submitted for Commission con-
sideration.
The Chairman pointed out that it is important that the Commission
adopt more specifically,the criteria used in the past for the
selection of consultants who provide services to the Commission
subsequent to receipt and review of proposals to clearly indicate
that pricing arrangements are not the only aspect for considera-
tion.Criteria,with corresponding point values,was submitted
for Commission consideration.'
The Commission voted,on a motion by Mr.Sowers and seconded by
Mr.Dorsey,to adopt as Commission policy,the criteria for plan-
ning consultant selection utilizing the point values established
for use in County and City agencies and any other agency involved,
(Copy attached),and made a part of the permanent records of the
Commission.So ordered.
State Land Use Legislation:
The Planning Director in his review of the proposed Land Use Leg-
.islation,pointed out to the Commission that there were some areas
of concern and how these areas would be affected by state control.
All of these classifications have been ~laced on a map depicting
areas which includes thesecharacteristl.cs.It was agreed that
these areas must be much more specific.Another point of concern
was the recommendation of representation and membership of the
Land Use Committee which must be based on land al.'ea and not·popu-
lation.Mr.Musselman suggested that his review be forwarded,
with Commission approval,to the National Association of Counties
and the writers of the Bill.
The Commission voted,on a motion by Mr.Sowers and seconded by
Mr.Morrison,that a letter be prepared expressing the Cqmmission's
concern to the legislative body and express the intent to clarify
the Bill,recommending that the Bill be amended to exclude those
counties who are making corrective measures.So ordered.
The Chairman also brought to the attention of the Commission,
HB45l,which is to go to public hearing on the 30th,which requires
that an amendment to Article 66B be compatible with the Plan.A
staff report was submitted for Commission review.
On a motion by Mr.Morrison and seconded by Mr.Sowers,the Com-
mission voted that a letter be ~repared in support of the legis-
lat~on with the few minor additl.ons as recommended in the staff
report.So ordered
On the recommendation of the Chairman,it was also voted by the
Commission,to include support of legislation to provide a higher
penalty for recordation of plats without having been approved.
The motion was made by Mr.Dorsey and seconded by Mr.Sowers.So
ordered.
PLATS APPROVED UNDER ADMINISTRATIVE POLICY:
Simplified Plats:
Gallion-Wilhelm -January 10,1974,Floyd H.Myers -January 10,1974,
J.Maury Werth -January 16,1974,Bonnard J.Morgan -January 16,
1974.
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PLATS ApPROVED UNDER ADMINISTRATIVE POLICY:
Development:
Daniel Secrest,Lot 6 -January 14,1974,Fay N.Barkdoll -Janu-
ary 16,1974,Clarence Witmer -January 21,1974,and Charles H.
Wade ~January 21 ,1974.
OTHER BUSINESS:
Solid Waste Management Plan:
After some discussion in.regard to recom~endations as pertains to
the proposed Solid Waste Management Plan for Washington County,
the Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Sowers,to forward these recommendations to the County Attor-
ney for his review prior to presentation to the County Commission-
ers for their consideration on February 5.So ordered.
Restrictions -Blue Grass Estates -Fairplay Farms:
The Chairman brought to the attention of the Commission,restric-
tions submitted by the developers of Blue Grass Estates and Fair-
play Farms to be filed with the deeds,and stated that there was
no conflict in this procedure with any ordinances or activities.
Training -Staff:
The Commission voted,on a motion by Mr.Sowers and seconded by
Mr.Morrison,to support an arangement whereby courses at Jr.
College would be subsidized to a limited extent when a total cost
is established.It was also recommended that this procedure be
referred back to the staff for further review and procedures.So
ordered.
Bulk Mailing -Newsletter:
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Morrison,to proceed on a trial basis for a period of three
months,with the bulk mailing of the Planning Information News-
letter,based upon the requests for such service.So ordered.
Organizational Chart:
An Organizational Work Flow Chart was presented for Commission
consideration,and was adopted as presented on a motion by Mr.
Dorsey and seconded by Mr.Sowers.So ordered.
In regard to public information,the Chairman announced that a
news release had been sent to the newspapers,television station,
and radio stations as pertains to evening hours in order that
service be provided to persons unable to get to the office during
regular hours.Also,Mr.Dorsey paid compliment to the Adminis-
trator for his presentation to the Lion's Club on the 17th.
NEXT MEETING DATE:
The next regular meeting of the Planning and Zoning Commission
will be held on Monday,February 4,1974,at 7:30 P.M.in the
Conference Room.
ADJOURNMENT:
469
The meeting was adjourned at 10:45 P.M.r8?(IA~Gd\JI/l/'Pd'-
January 24,1974
Donald -R~-Frush',Chairman
A special meeting of the Commission was held on January 24,1974
at 7:00 P.M.in the Court House Annex Conference Room.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.
Dorsey,Charles Morrison,David W.Sowers,Administrator Barry
A.Teach,County Planner Alan R.Musselman and Assistant Planner
Ronald Shives.
470
SUBDIVISION CONTROL REGULATIONS;
FINAL PLAT:
Hopkins Ridge:
Taking note of comments ~eceived from the Hagerstown City Planner
and Hagerstown Water Department relative to the effect of this
development on the Hagerstown water supply system,and noting that
the Commission had no provisions to enforce concerning this type
of watershed problem,a motion was made by Mr.Dorsey and seconded
by Mr.Sowers to grant approval.Mr.Morrison voted "no".
On a motion by Mr.Morrison and seconded by Mr.Sowers,the Com-
mission voted to reconsider the previous action.So ordered.
On a motion by Mr.Sowers,seconded by Mr.Dorsey,the Commission
voted to grant Final Approval to the plat file.So ordered.
After an explanation by all members of the Commission's concern
for protection of the sources of public water supply,on a motion
by Mr.Sowers and seconded by Mr.Dorsey,it was voted to request
that the staff prepare recommendations to ~rotect watershed areas,
to be proposed for inclusion into the Subd1vision and Zoning Regu-
lations,and the Comprehensive Plan.So ordered.
The meeting was adjourned at 8:00 P.M.on a motion by Mr.Dorsey
and seconded by Mr.Sowers,at which time the Commission met in
workshop session with the consultant,for presentation of reports
on the Management Framework Study and the ~USing Stu~~
.i!D-2 J ~i5~R.FriiS,CRairman
February 4,1974
The Washington County Planning and Zoning Commission met in regu-
lar session on Monday,February 4,1974,in the Court House
Annex Conference Room at 7:30 P.M.
Present were:Chairman Donald R.Frush,Vice-Chairman William
E.Dorsey,John C.Herbst,Paul W.Hoffman,Charles Morrison,
Barbara B.Whitcomb,Barry A.Teach,Alan R.Musselman,Robert
B.Garver,Ronald L.Shives and Jack S.Hawbaker.
The meeting was called to order at 7:30 P.M.
The Chairman read a letter to the County Commissioners from
Thomas P.Dugan which expressed his regrets for the necessity
for submitting his resignation to the County Commissioners,
effective February 1,1974,due to transfer within his company.
The Chairman announced the appointment of Mrs.Barbara Whitcomb
to the Planning and Zoning Commission to fill the unexpired term
of Mr.Dugan,in action taken by the County Commissioners at
their meeting on January 29 .
.MINUTES:
The Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Dorsey,to approve the Minutes of the meeting of January 21,
1974,contingent upon correction to paragraph 2,page 6,under
State Land Use Legislation,to read ....."recommending that the
bill be amended to exclude those counties who are making correc-
tive measures".So ordered.
On a motion by Mr.Dorsey and seconded by Mr.Morrison,the Com-
mission voted to approve the Minutes of January 24 special meet-
ing as presented.So ordered.
At the request of the Chairman,the Commission voted to add to
the agenda for consideration,an invoice in the amount of $493.46
for Historical Sites Survey,a preliminary plat for Donald Smith,
final plat for Rust-Oleum,appointment to the Multi-Service Com-
mittee,and correspondence from Mr.Detwiler of Urban Research.
The motion to include these items of business was made by Mr.
Dorsey and seconded by Mr.Hoffman.So ordered.
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PRELIMINARY PLAT:
Dominick J.Perini -Commercial:
Upon review of the plat file and noting that additional information
had been provided in regard to State Highway requirements,which
were no lon~ef applicable and a variance for rear yard requirments
whic~had S1nce been granted by the Board of Appeals,the Commis-
sion voted,on a motion by Mr.Dorsey and seconded by Mr.Herbst,
to grant Preliminary Approval.So ordered.
The Commission,noting that there were no further requirements,
voted to grant Final Approval to the plat file,on a motion by
Mr.Dorsey and seconded by Mr.Hoffman.'So ordered.
Lester E.Hamby -Subdivision Requirements:
Mr.Hamby appeared before the Commission requesting clarification
of subdivision requirements in regard to conveyance of lots from
his farm,and not fronting on a rarm lane,to members of his im-
mediate family.
The Chairman pointed out that this is a legitimate transfer of
land to his immediate members of the owners family and that the
Commission would have the authority to waive the requirments of
access and permit approval of the transfers under Section 107 of
the Subdivision Ordinance.
On a motion by Mr.Morrison and seconded by Mr.Herbst,the Com-
mission informed Mr.Hamby to submit the plat for these convey-
ances to the Commission to be processed in the normal manner.
So ordered.
Countryside Development -Design Concept:
Mr.Maisal and Mr.Burtner appeared before the Commission per-
taining to redevelopment of Section A of Countryside submittal to
low density.Mr.Musselman pointed out that lack of public san-
itary sewer is a concern although a letter from the County Health
Department indicates that the design concept may be feasible and
recommending that approval on the State level be sought before
proceeding with plans for redevelopment.
The Commission voted,on a motion by Mr.Morrison and seconded
by Mrs.Whitcomb,to instruct the developer to contact the State
Health Department in regard to on-site discharge area as it
relates to the proposal and the Comprehensive Water and Waste
Water Plan prior to any further submission of plans.So ordered.
H.Don Smith .-Subdivision Requirements:
Hpon review.of the plat file,the Commission voted,on a motion
by Mr.Dorsey and seconded by Mr.Hoffman,that the plat be
revised to conform to existing requirements of the Subdivision
Ordinance,per Section 405,paragraph l3(B),prior .to being pro-
cessed to approving agencies for review.So ordered.
Rust-Oleum ..Final Approval:
Upon review of the plat file,and noting correspondence from the
County Engineer and the Soil Conservation District,as requested
by the Commission at the last meeting,the Commission,following
discussion pertaining to the downstream drainage problems as a
result of the development,voted,on a motion by Mr.Herbst and
seconded by Mr.Hoffman,to grant Final Approval.Mr.Morrison
stated present (no vote)and Mrs.Whitcomb abstained from voting.
So ordered.
Countryside,Section B (60 Day Limit):
On a motion by Mr.Dorsey and seconded by Mr.Morrison,the Com-
mission voted to disapprove the plat file because it did not
receive Health Department approval per Section 510 of the Subdi-
vision Ordinance.So ordered.
471
4:/£:PRELIMINARY PLATS,CONTD.:
Woburn Estates:
Mr.Murray Dustin appeared before the Commission requesting
direction for the incorporation of lot 8 into an approved lot in
Woburn Estates.Mr.Dustin was informed that this could be done
and advised~to submit a plat in the normal process for review.
BILLS AND COMMUNICATIO~S:
Baker-Wibberly -Phase I W/W W Plan):
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Morrison,to authorize payment of the Phase 1,Water and Waste
Water Plan to Baker-Wibberley and Associates.So ordered.
Urban Research and Development -Town Plans:
,
On a motion by Mr.Dorsey and seconded by Mrs.Whitcomb the Com-
mission authorized payment to Urban Research and Development of
$760.75 for the Town Planning Program:So ordered.
The Commission voted,on a motion by Mr.Dorsey
Mr.Hoffman,to pay an invoice in the amount of
consultant for the Historical Sites Inventory.
COMMUNICATIONS:
and seconded by
$493.46 to the
So ordered.
Letter from J.H.Seibert -30 Day Extension for Richard Kesselring:
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Hoffman,to grant a thirty (30)day extension for considera-
tion of the plat for Richard Kesselring,Lots 1,2,and 3,expir-
ation of which will be March 11,1974.So ordered.
Letter from J.B.Ferguson --30 Day Extension for Donald Keener:•
Ona motion by Mr.Dorsey and seconded by Mr.Herbst,the Commis-
sion voted to grant a thirty (30)day extension to Mr.Donald
Keener for consideration by the Commission,expiration of which
time will be March 14,1974.So ordered.
Vicinity Location of Subdivision Plats:
Upon the recommendation of the Chairman,the Commission voted,on
a motion by Mr.Hoffman and seconded by Mr.Dorsey,to request
that the staff transmit,upon receipt,vicinity site location
maps consisting of 10 lots or more,to them for their information
and review.So ordered.
SUBDIVISION CONTROL REGULATIONS:
PRELIMINARY PLATS:
Washington Four (22 Lots)(253 Acres):
Upon review of the plat file,the Commission voted,on a motion
by Mr.Morrison and seconded by Mr.Dorsey,to grant Preliminary
Approval and asked that the following information be shown on the
final plat:
1.It is to be expressly understood and agreed upon that the
proposed improvement to Woburn Road (as shown on the plat)will
be the responsibility of the developer.
2.Entrance permits shall not be issued for Lot Nos.9 and 14
until such time as the improvements to Woburn Road are completed
to the satisfaction of the County Engineer.
So orde'red.
Philip K.Snow,Lots 1 and 2:
The Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Dorsey,to grant Preliminary Approval to the plat file.So
ordered.
~""~o
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FINAL PLATS,
Mountain Vistas (11 Lots):
Upon review of the plat file and noting that the requirments for
approval had been met,the Commission voted,on a motion by Mr.
Hoffman and seconded by Mr.Herbst,to grant Final Approval.So
ordered.
ZONING REGULATIONS:
ZONING PERMITS:
Francis Litton (60 Day Limit):
The Commission voted,On a motion by Mr.'Dorsey and seconded by
Mrs.Whitcomb,to disapprove the permit application,noting that
an application for a variance to the Board of Appeals has been
filed.So ordered.
Warren Electric:
On a motion by Mr.Herbst and seconded by Mr.Hoffman,the Commis-
sion voted to approve the application for a zoning permit for
Warren Electric.So ordered.
Hagerstown Plumbing and Heating -Sign:
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Hoffman,to grant approval to the issuance of a permit for a
sign for Hagerstown Plumbing and Heating.So ordered.
ZONING VIOLATIONS:
Floris Knight -Permit Revocation:
The Commission voted,on a motion by Mr.Morrison and seconded by
Mr.Dorsey,to notify Mr.Knight that the provisions of the Zoning
Ordinance must be complied with or the permit would be revoked
within 10 days of notification.So ordered.
Co J.Null and Kenneth Stely -Hobile Home Skirting,
The Zoning Administrator informed the Commission that since the
agenda had been completed,compliance with the provisions of the
Ordinance had been met in regard to these violations.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
There is nothing new to report on the status of Flood Plain Stud-
ies.
Water/Waste Water Plan:
The Chairman reported that the contract for the update of the
Water/Waste Water Plan is proceeding on schedule and that the
staff is meeting with the agencies involved to work out the de-
tails of the contract.
county Municipalities -701 Contract:
The Chairman reported that the County Municipalities are progress-
ing,with only a few towns left to be contacted regarding the.
establishment of Planning Commissions.
Hig~way Classifications and Highway Plan:
The Chairman asked that a press release be sent out to notify the
public that the public hearing for the Highway Classifications
and Highway Plan will be held in the large court room.The hear-
ing is scheduled for February 11.•
Management Framework and Housing Study:
There is nothing new to add to the status of these studies at the
present time.
47;)
4d4
OLD AND UNFINISHED BUSINESS,CONTD.:
Mass Transit Study:
The Chairman ~eported that there is nothing new in regard to the
Mass TransiJ Study except that the proposals have been received
from the consultants.~rs.Whitcomb was appointed by the Chair-
man to the Committee to review consultants proposals.
Staff Training:
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Morrison,to include staff members in the arrangement to
subsidize attendance at planning related courses at educational
institutions or at training seminars,any documents so acquired
would revert as property of the Planning Commission.The Commis-
sion authorized payment of $12.48 in payment for a text book.
So ordered.
OTHER BUSINESS,
Plats Approved Under Administrative Policy:
Simplified Plats:
Draper-Ingram -January 22,Ingram-Draper -January 22,Richard-
McNeal -January 22,H.D.Calimer -January 23,Edward Rose -
January 30,Fulks-Wyand -January 30,Fulks-Beachley -January 3D,
John Bowman -January 30.
Development,
James Kao -January 25,Henry Siarkowski -January 25,Richard
Hershey -January 25..
Planning Legislation,
A final draft of the State Land Use legislation which is to be.
considered at public hearing was discussed by the Planning Direc-
tor in regard to some changes and clarification which have been.
made in the bill.It was felt that while the areas of critical
concern had been more specifically spelled out,the bill as writ-
ten in regard to representation was still of great concern.
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Morrison to instruct the Chairman to appear before the State
Land Use Committee to express the concerns of the Commission.
So ordered.
Citizen Participation -Progress Report:
It was reported that the Commission office will be open to the
public on the 2nd and 4th Tuesdays from 7:00 to 9:00 P.M.,the
.arrangements for mailing out the Newsletter are being made and Mr.
Musselman reported that he had talked to the fourth grade stu-
dents at Fountain Head and also was to record a discussion for
the "Lets Talk About It"program some time this week.It was
also pointed out that the American Society of Planning Officials
now has memberships available to members of Planning Commissions
for their planning magazine.The staff was requested to order
memberships for the Commission.
The Chairman asked for tentative approval to call a special meet-
ing in order to consider the Bar Chart so that the OPD can be
finalized.The Commission concurred with this request.
Planni~g Advisory Service:
It was suggested that copies of this research report should be
secured for the Commission.The staff was requested to see if
samples of the report were available and investigate the cost of
considering as a budget item.
l""~o
Cl
Cl
Cl
OTHER BUSINESS:
Multi-Service Center Representation:
The Chairman ~tated that the County Commissioners have requested
representation for the State study to determine feasibility of
centralizing government services,and have appointed Mr.Teach
and Mr.Musselman as the County's representatives.
The Chairman brought to the attention of the Commission,that Mr.
Ray Enders has been appointed to act as Transportation Commission
representative.
The Chairman brought to the attention of the Commission,a letter
from Urban Research and Development regarding the contract com-
pletion for the Highway Interchange Study.
The Commission voted,on a motion by Mr.Morrison and seconded by
Mr.Dorsey,to provide covers and binding for the zoning portion
of the study separate from the plan element and also that mylars
at a scale of 1"=600'would be provided to the Commission as re-
quired by the contract.The Chairman was authorized to follow
through in writing as pertains to telephone arrangements with the
consultants.So ordered.
For information of the Cbmmission,the Chairman stated that a
letter had been sent to the County Commissioners in regard to
temporary housing for Mr.Ronald Biser,and asked that amendment of
the Zoning Ordinance should be considered to cover similiar sit-
qations in the future ..
The Chairman also brought to the attention of the Commission,
'Bills in regard to woodlands,recreational areas and the federal
water bank program.
NEXT MEETING DATE:
The next regular meeting of the Planning and Zoning Commission
will be Monday,February 18,at 7:30 P.M.
ADJOURNMENT:
Following a question period by the Press in regard to Commission
action during the meeting,the meeting was adjourned at 10:00
P.M.,on a motion by Mr.Dorsey and seconded by Mr.Morrison.
So ordered.
gQChucl /i){j~_
Don'ald R.°Frusn,Chairman
February 18,1974
The regular meeting of the Washington County Planing and Zoning
Commission was held on Monday,February 18,1974 at 7:30 P.M.
in the Conference Room of the Court House Annex.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.
Dorsey,Charles Morrison,Paul W.Hoffman,Barbara B.Whitcomb,
Executive Director Barry A.Teach,Alan R.Musselman Planning
Director,Jack S.Hawbaker Zoning Administrator,Assistant Planner
Robert B.Garver,and Bob Maginnis ,reporting for the Herald-Mail.
'1 7 ~
Not present:John C.Herbst and David W.Sowers.
The meeting was called to order at 7:30 P.M.
MINUTES:
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Hoffman,to accept the Minutes of the'meeting of February 4,
1974,with the deletion of the name of Mr.Sowers from the roll
call of those members being present.So ordered.
'..,'"
"
;'Ir d U
Letter from John T.Chambers,Re:Subdivision Regulations:
Mr.John T.Chambers appeared before the Commission in regard to a
plat of two parcels of land which was previously considered by the
CommissioQ on January 7,and disapproved in conformance with the
provisions of Section-405,paragraph 12 (8)of the Subdivision
Regulations.Mr.Chambers suggested that the plat be revised to
show one parcel of land to be conveyed,and changing of the dimen-
sions of the lot lines to show the existing right-of-way as a means
of ingress and egress to the parcel.
Following discussion of the intention of the existing Ordinance,
the Commission voted,on a motion by Mr.Dorsey and seconded by Mr.
Morrison,to instruct Mr.Chambers to prepare another plat so that
the existing structure is joined to the farm l~ne,and showing the
parcel to be conveyed in accordance with the provisions of Sectiori
405,paragraph 12(B)of the Subdivision Ordinance.So ordered.
Roxbury Hills,Section 1 and 2,(48 Lots)-Preliminary Plat:
Upon review of the plat file,and discussion in regard to the many
unfavorable comments by the County Engineer,Soil Conservation
District and staff report as pertains to drainage and Health De-
partment requirements,the Commission voted,on a motion by Mr.
Morrison and seconded by Mrs.Whitcomb,to disapprove the plat
application in accordance with the provisions of Article IV and
Article V of the Subdivision Ordinance,as specified in the County
Engineer's memo dated January 28,and the Soil Conservation Dis-
trict's memo dated February 15.(Copies attached by reference to
the plat file).So ordered.
Fairplay Farms,Section B (20 Lots)(60 Day Limit):
Upon review of the plat file and noting comments of the County
Engineer and staff recommendations as pertains to drainage and
roadway alignment,the Commission voted,on a motion by Mr.DOTsey
and;seconded by Mrs.Whitcomb,to grant Preliminary Approval,and
requested the following information,as specified in the County
Engineer's memo dated January 28,be contained on the final plat.
(copy attached by reference to the plat file),and that final
approval shall be contingent upon adequacy of septic system loca-
tions on those lots traversed by the natural drainage swale.So
ordered.
BILLS AND COMMUNICATIONS:
Urban Research and Development Corporation (Town Plans):
The Commission voted,on a motion by Mr.Morrison and seconded by
Mr.Dorsey,to authorize the Chairman to contact the consultant as
pertains to provisions of the contract for town plans prior to any
further payment of invoices submitted for these services.So
·ordered.
Greenhill Development,Sections C,D,and E -(9 Lots),Preliminary
Approval:
It was brought to the attention of the Commission that this plat,
as originally submitted on November 9,1973,and disapproved by the
Commission on January 7,1974 in accordance with the ~Tovis~ons
of Section 405,paragraph 12(B)of the Subdivision Ord1nance,has
been appealed by Foxdata Corporation and is scheduled to be heard
on February 26.An alternate plan of development providing ~irect
access to a public road for all lots was submitted on December 26,
1973,for processing to agencies involved.
Upon review of the alternate Plan for Greenhill Development,the
Commission voted,on a motion by Mr.Morrison and seconded by Mr.
Dorsey to grant Preliminary Approval,with the corrections requested
by the Health Department and the County Engineer shown on the final
plat.
47 Fl
Greenhill Development,Sections C,D,and E,Contd.:
public water and not a well.
by the County Engineer's memo dated
attached by reference to the plat
be served by
as specified
1974.(Copy
l.
2.
Lot 14 must
Information
January 11,
file.)
It was also stated in a motion that the County Commissioners be
immediately notified of the action taken by the Planning Commis-
sion.So ordered.
For the record,Mr.Morrison again stated his reservations per-
taining to drainage problems being created by new development in
the County,and expressed concern that these areas should be of
prime consideration to the Commission and agencies involved in
review of subdivisions.The Chairman stated that'it was hoped
that the agencies involved would look into these problems so that
the taxpayers of Washington County would not be burdened with the
expense of correcting them at a later date.
Charles Strother (8 Lots),Preliminary Approval:
~Upon review of the plat file,and noting comments from the staff
C)in regard to the topography shown on the plat being in conflict
\~with the actual topo maps and the indication of a stream flow
~through the property,the Commission voted,on a motion by Mr.
~Dorsey and seconded by Mr.Morrison,to ask the staff to review
the application with the developer in regard to the topography
and stream flow,and place it on the agenda prior to the expira-
tion of the 60 day limit.So ordered.
OLD AND UNFINISHED BUSINESS,
Flood Plain Studies:
The Chairman stated that in response to requests to the legiSla-
ture for updating of flood plain information from tho Corps of
Engineers,a letter had been received from Senator Beall regard_
ing the progress of Flood Plain Information Reports for Washing-
ton County.
Water/Waste Water Plan:
The Chairman reported that the staff is proceeding to set up meet-
ings with the consultants and various agencies as pertains to the
Water and Waste Water Plan.
County Municipalities -701 Contract:
The Chairman has reported that the Commission has completed their
vortion of the Contract which is meeting with the Towns and assist-
1ng in establishment of Planning Commissions.This has been
accomplished in that all municipalities have been presented reso-
lutions to establish Commissions and are appointing members.It
was requested that the staff arrange several organizational meet-
ings with the municipalities recently appointed Planning Commis-
sions.
HIGHWAW CLASSIFICATIONS AND HIGHWAY ·PLAN:
The Chairman,noting that public hearing had been held on the
Highway Classifications and Highway Plan,requested that a meet-
ing be established after the record of the hearing is closed for
Commission consideration of comments and recommendations received.
The Commission voted,on a motion by Mrs.Whitcomb and seconded
by Mr.Morrison,to establish Monday,March 25,as the date for
Commission review,relative to the Highway Classifications and
Highway Plan.So ordered.
4'1 (j
OLD AND UNFINISHED BUSINESS,CONTD.:
Highway Interchange Study:
The Chairman reported that the plan proof of the Highway Inter-
change Study is in hand and requested that the members review it
in the office.He also stated that the comments of the Advisory
Board are being considered and requested to return this for print-
ing providing no major problems are encountered in meeting Commis-
sion recommendations.It was agreed by the Commission that
authorization be granted.
Management Framework Study and Housing Study:
There is nothing new to report on the status o~these two studies.
Mass Transit Study:
As a result of the meeting held with the City of Hagerstown,State,
and the Transportation Committee as pertains to the contract for
the Mass Transit Study,the Commission voted,on a motion by Mr.
Morrison and seconded by Mr.Dorsey,to hold a special meeting of
the Mass Transit Committee to select one of the twelve consultants
after they have received recommendations from the County Coordi~
nating Committee,bearing in mind that the ptate must approve the
selection,and that more time may be required in order to obtain
additional monies needed for the contract tasks.So ordered.
"Planning Legislation:
The Chairman,reporting on the status of the State Land Use Leg-
islation,reported that the meeting held on Saturday,February 16,
was attended by representatives of 17 counties,and that it was
voted to adopt an alternate proposal as relates to the James
Arnick bill.He asked that copies of the alternate proposal be
made ~vailable for the Commission and Staff,requesting their com-
ments and recommendations for presentation to the legislative body
in regard to major concerns such as representation,critical areas,
adoption procedures and many other aspects of the Bill.
OTHER BUSINESS:
Plats Approved Under Administrative Policy:
Development:
Richard K.Hershey,Lot 1,Robert Poffenberger,Dorine S.Carty
Gallion.
Simplified:
Routzahn-Barkdoll,Mrs.Norman Diller,Lloyd Metz and Malcolm
Yeager.
State Highway Administration -Route 66 -Public Hearing:
The Chairman requested that a representative from"the staff attend
this public hearing on February 20,takin~into account,comments
of the Boonsboro Planning and Zoning Comm1ssion relative to Route
66 at the Commission hearing on the Highway Plan.
OPD -Overall Program Design:
The Chairman requested that the record show that the OPD was trans-
mitted on schedule and that it would be forwarded to all agencies,
including the Advisory Board,for comments prior to final revision
and submittal to the County Commissioners.
NEXT MEETING DATE:
The next regular meeting "ill be held on March 4,1974 at 7:30
P.M.with a workshop meeting scl',"<ici'IJ··".;l f0~March 7.1974 to make
decisions in regard to zoni~g cases .
.",
ADJOURNMENT:
41~
The meeting was adjourned at 10:20 P.
March 4,1974
M.IJfffrl&12 ~~
Donal R.Frusli.7t:airman
The regular meeting of the Planning and Zoning Commission was held
on Monday,March 4,1974,at 7:30 P.M.in the Conference Room of
the Court House Annex.
The meeting was called to order at 7:30 P.M.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.,
Dorsey,John C.Herbst,Paul W.Hoffman,Charles Morrison,Barbara
B.Whitcomb,Executive Director Barry A.Teach,Planning Director
Alan R.Musselman,Zoning Administrator Jack S.Hawbaker.
~o
C.'::l
~o Not present:
,MINUTES,
David W.Sowers,Jr.
The Minutes of the workshop meeting held on February 14,1974,
were accepted by the Commission as written,on a motion by Mrs.
Whitcomb and seconded by Mr.Dorsey.So ordered.
The Minutes of the regular meeting of February 18,1974,were
accepted,with the following corrections,on a motion by Mr.Dorsey
and seconded by Mr.Hoffman:Page 1.Letter from John T.Chambers
....and disapproved in conformance with the provisions of Section
405,paragraph 12(B)of the Subdivision Ordinance.Paragraph 2
....in accordance with the provisions of Section 405,paragraph
12(B)of the Subdivision Ordinance.Page 2.Greenhill Develop-
ment:....in accordance with the ~rovisions of section 405,para-
graph 12(1\)of the Subdivision Ordinance.So ordered.
Cohill Estates (6 Lots),Preliminary Approval,.
Upon review of the plat file and following discussion as pertains
to the significance of the soil types in the area,the Commission
voted,on a motion by Herbst and seconded by Mr.Hoffman,to grant
Preliminary Approval.So ordered.
Cohill Estates (6 Lots),Final Approval:
On a motion by Mr.Dorsey and seconded by Mr.Herbst,the Commis-
sion voted to grant Final Approval to the plat file.So ordered.
Opequon I,Section 2 -(6 Lots),Preliminary Approva 1 ,
Upon review of the plat file,the Commission voted,on a motion
by Mr.Dorsey and seconded by Mrs.Whitcomb,to grant Preliminary
Approval.So ordered.
Opequon I,Section 2 -(6 Lots),Final Approval,
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Hoffman,to grant Final Apptoval to the plat file.So ordered.
y:!tj U
v··"·"•
ZONING PERMIT:
C.B.International (60 Day,£imitb
Upon rAview Q:o,fhe permit application £iic~~"d n,,'Hn,~.';",.,.:j;1:I<:
Tcoco'C0'a 1e't-::er from the Maryland Department or TraI1;;portat.l\i ..
dahe~March 4,1974,in regard to issuance of an entrance per-
"mit,correspondence from the Washington County Traffic Advisory
ilimmittee with recommendations relative to ingress and egress,
Illl'.d staff report with recommendations,the Commission voted,on
,n m()tion by Mr.Dorsey and seconded by Mr.Morrison,to hold a
£Hecial meeting to review the 'permit application following an
em-site inspection at 6:30 P.M.on Thursday,March 7,with the
'lliunty Engineer,T.A.C.,and State Highway Administration.So
'rnrdered.
ZONING VIOLATION:
Clifford Himes:
Mr.Wolfe,contractor for Mr.Clifford Himes,appeared before the
Celllmlission in regard to a violation in that a structure was added
Which required 50'rear lot distance in accordance with the 1'1'0-
visions of Section 24.2 (D)of the Zoning Ordinance.Mr.Wolfe
stated that it was his intention to make application to the Board
of Appeals for a variance in regard to the distance requirements.
T~e Commission advised Mr.Wolfe that the matter would be placed
'b~ck on the Commission agenda if application to the Board of
Appeals for a variance had not been made within a reasonable
l<ength of time.
BILLS AND COtiMUNICATIONS
Invoices from J.Russell Robinson,in the amount of $25.00 for
legal fees and Paula S.Dickey in the amounts ()f $606.03 arid
$.36.34,for the Historical Sites Survey were approved for pay-
ment on a motion by Mr.Dorsey and seconded by Mr.Herbst.
Letter from Arthur Tow!'lsend,Re:Historical Sites Survey:
The Chairman announced for the information of the Commission,that
a letter had been received from Mr.Arthur Townsend,dated Febru-
ary 25,1974,in which it was advised that the deadline for the
Washington County Survey contract was extended to July I,1974,
and that a new cOntract for an additional matching grant of
$10,000 to continue the survey will become effective on July 1,
1974.
Le~ter from Robert M.Johnson,Re:Extension of time for Woburn
Estate~:
~letter was read from Mr.Robert Johnson in regard to an exten-
sion of time for consideration of Woburn Estates,Section 4 for
Preliminary Approval by the Commission.
The Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Hoffman to grant a 30 day extension of time for Preliminary
consideration of Woburn Estates,Section 4,until April 14,1974.
So ordered.
Letter from Russell Robinson,Re:Murphy and Giffin Cases:
A letter was read from Mr.Russell Robinson,dated February 25,
1974,in regard to cases concerning skirting mobile homes,Section
22.54 of the Zoning Ordinance and stating that there is no viola-
tion of the Zoning Ordinance of two lots which are in Lakeside
Park.Section 22.54 (D)pertains to mobile homes not in mobile
hOMe parks or travel trailer parks.
It was agreed by the Commission that Mr.Robinson's letter will be
considered at such time that the Zoning Ordinance is amended.
COMMUNICATIONS,CONTD.:
Letter from J.H.<Seibert,Re:Extension of time for Richard
Kesselring and John S.Shank:
A memorandum was read from J.Harold Seibert,"dated March I,1974,in
which it was requested that an extension of time for PreliminarY
Plat consideration be granted for Richard Kesselring,Lots I,2
and 3,and for John S.Shank Subdivision.
The Commission voted,on a motion by Mr.Morrison and seconded by
Mr.Dorsey,to grant a thirty (30)day extension of time for Pre-
liminary consideration to Richard Kesselring which will expire
April II,1974,and to John S.Shank for a period of thirty (30)
days which will expire on April 10,1974.So ordered.
Letter from J.B.Ferguson -Re:Extension of time for Donald Keener:
~A memorandum was read from J.B.Ferguson Company in which it was
~~requested that a thirty (30)day extension of time be granted to
~Donald Keener for Final Approval consideration.o
481
,;"'..:)
o On a motion by Mr.Herbst and seconded by Mr.Dorsey,the Commis-
sion voted to grant a thirty (30)day extension of time for Donald
Keener,which will expire on April 14,1974.So ordered.
SUBDIVISION REGULATIONS:
PRELIMINARY PLATS:
John L.Inman (Lot 1):
Upon review of the plat file in regard to a conveyance of 5.59
acre~situated east of Maryland Route 65,which Mr.Inman is de-
sirous of conveying to his son,and which lot has access of by a
20 ft.lane,the Commission voted,on a motion by Mr.Dorsey and
seconded by Mr.Herbst,to notify the developer that this plat
can be considered under Section 107 of the Subdivision Regulations
"and to notify the surveyor that all plats of this nature are to be
brought to the attention of the staff,prior to preparation and
submission.So ordered.
On a motion by Mr.Dorsey and seconded by Mr.Morrison,the Com-
cission voted to direct the staff to notify all engineers involved
ie the preparation of subdivision plats,by registered mail,to
inquire prior to preparation of plats which may not be acceptable
under the provisions of Section 405,paragraph l2(B)of the Sub-
division Ordinance.So ordered.
Charles Strother (9 Lots):
Upon review of the plat file on which action had been deferred at
the last meeting pending staff review of conflicting topographic
information and stream flow,the Commission voted,on a motion by
Mr.Dorsey and seconded by Mr.Herbst,to grant Preliminary
Approval with the recommendation that consideration be given to
increasing the radius of the curve on San Mar Road at lot 5 to
200'in the final plat submission.So ordered.
Philip K.Snow -Final Approval:
The Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Hoffman,to grant Final Approval to the plat file.So ordered.
82
ZONING REGULATIONS:
ZONING PERMITS:
Montgomery Ward:
The Commission,upon review of the sign permit application,voted,
on a motion by Mr.Morrison and seconded by Mr.Dorsey,to approve
and authorize all signs with the exception of one of the #2 signs
on either the South or West elevations because of the excess in
respect to the requirements of Section 22.23 eC)of the Zoning
Ordinance.So ordered.
Paramount Interiors:
On a motion by Mr.Herbst and seconded by Mr.Dorsey,the Commis-
sion voted to authorize a permit for the expansion of a building
for Paramount Interiors,Inc.,noting that it meets the require-
ments of the Zoning Ordinance as pertains to flood plains.So
ordered.
Norman Horst:
The Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Hoffman,to grant approval for the issuance of a replacement
permit for a sign for Mr.Horst.So ordered.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
There is nothing new to report on the'status of Flood Plain Studies.
Water/Waste Water Plan:
The Chai~man reported that the consultant is meeting with the muni-
cipalities as pertains to the Water/Waste Water Plan and that
graphic information is expect~d to be completed this week.
County Municipalities -701 Contract:
The Chairman reported that he and the staff are proceeding with
meetings with the municipalities in regard to the establishment
of Planning Commissions.
Highway Classifications and Highway Plan:
The Commission will be meeting in workshop session March 25,in
regard to the Highway Plan and Highway Classifications.
Highway Interchange Study:
The Chairman reported that the zoning maps for the Highway Inter-
change Districts are in hand to be reviewed by the staff and Com-
mission prior to final printing..
Management Framework Study:
There is nothing new to report on the status of the Management
Framework Study.The Chairman requested that any additional com-
ments by the Commission be.considered at the workshop meeting
scheduled for Thursday.
Housing.Study:
A workshop meeting with the Advisory Committee is scheduled for
Monday,March 11,to review the Housing Study.
-"i:.,'"
OLD AND UNFINISHED BUSINESS,CONTD.:
Mass Transit'Study:
The Chairman s'tated that the Committee did meet in regard to the
Mass Transit Study and that there was some question as pertains to
costs and tasks that were distributed,and the portions completed.
The Commission voted,on a motion by Mrs.Whitcomb and seconded
by Mr.Dorsey to authorize the Chairman to meet with the Transpor-
tation representatives and request in writing,what portion of the
study is complete.
FY 75 Overall Program Design:
The,Chairman reported that the staff is completing revisions to the
OPD and that time will be needed for Commission review prior to
submission which must be within approximately 25 days if it is to
be considered for funding.
~NEW BUSINESS:
o
~Panhandle Lots and Private Roads:
C~
483
~Mr.Musselman presented proposed Panhandle Lot standards for Com-
mission consideration along with various illustrations of these
concepts.It was his recommendation that these standards or sim-
ilar standards be adopted by,the Commission upon adoption of the
Highway Plan,in order to avoid confusion in the platting of this
type of development.
The Chairman requested that ample time for review be allo~ed and
that a field trip be arranged in order that this type of devel-
opmentcan be fully illustrated concerning the problems involved,
and asked that this proposal be considered by the Commission at a
later date.
OTHER BUSINESS:
Purchase of Tape Recorder:
In response to the staff request for authorization to acquire a
new tape recorder,the Commission voted,on a motion by Mr.
Morrison and seconded by Mr.Dorsey,to contact the County Commis-
sioners in regard to their intent to acquire a tape recorder to
be used by County agencies on a community basis.So ordered.
Mr.Musselman reported'for the information of the Commission that
Fifth Count Summary Tapes,which had been acquired by the Tri-
County Council,had been made available to the Planning Commission
at a minimal cost covering the cost of reproduction.It was
requested that a letter be sent by the staff to the Tri-County
Council,partiCUlarly the Director,thanking them for making this
information available.
Complimentary Copies of the Subdivision Ordinance:
The Commission approved the list of persons to receive complimen-
tary copies of the Subdivision Ordinance as submitted by the staff
and also added,libraries of all municipalities,copies to the
municipalities,with copies to each member of the Funkstown and
Smithsburg Planning Commissions,Board of Appeals,Hagerstown Jr.
College,adjacent jurisdictions and also complimentary copies of
the Zoning Ordinance to the West Virginia Counties (adjacent)with
a cover letter to the Chairman of the Planning Commission pointing
out the provisions of the Agricultural and Conservation Districts
as pertains to boat docks,and to the press.,
The Chairman pointed out that the towns of Funkstown and Smiths-
burg have asked the Planning and Zoning Commission to review
developments prior to building for their towns.Additional staff
,,4lj4
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OTHER BUSINESS,CONTD,:
Complimentary Copies of the Subdivision Ordinance,Contd.:
will be neededi£the County Commissioners are to reciprocate in
this regard.
It was noted,for the record,that plans for the new Hickory Ele-
mentary School had been submitted for Commission consideration.
Complimentary Copy of the Plan:
On a motion by Mr.Dorsey and seconded by Mrs.Whitcomb,the Com-
mission voted to provide a complimentary copy of the Plan For The
County to the ·Maryland Committee for the Humanities and Public
Policy,as requested.So ordered.
Complimentary Copy of the Zoning Ordinance:
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mrs.Whitcomb,to provide the library of the Western Maryland
College with a complimentary copy of the Zoning Ordinance and to
notify Ellen Schramm,who.had made the request,of this action.
So ordered.
The Commission also approved a complimentary copy of the Zoning
Ordinance to be provided to the Hagerstown Jr.College Library,
on a motion by Mr.Dorsey and seconded by Mrs.Whitcomb.So
.ordered.
NEXT MEETING DATE:
The next regular meeting will beheld on Monday,March 18,1974
at 7:30 P.M.
ADJOURNMENT:
The ID00ting was adjourned at
and seconded by Mr.Dorsey.
March 7,1974
10:55 p~M.on a motion by M:r.IIerbst
So ordered.f)./'
•q 1 MylJdJB V7f~,-«...
Donald R.Frush,Chairman
'.;:
The Washington County Planning and Zoning Commission met in speciai
session on Thursday,March 7,1974 at 7:30 P.M.in the Conferenc~
Room of the Court House Annex.
Present:Chairman Donald R.Frush,Vice-Chairman William E.Dorsey,
Paul W.Hoffman,Charles Morrison,Barbara B.Whitcomb,Barry A.
Teach,Executive Director,Alan R.Musselman,Planning Director and
Robert B.Garver and Ronald Shives,Assistant Planners.
Not present:John C.Herbst and David W.Sowers,Jr.
The meeting was called to order at 7:40 P.M.
The purpose of the meeting was to consider zoning applications,and
specifically,a zoning permit for C.B.International which was
presented for Commission consideration on Monday,March 4th,and
deferred for action pending site inspection as pertains to traffic
generated as a result of the development and ingress and egress to
same.The members of the Commission and staff conducted this
investigation of the site at 6:30 P.M.this date.
For the record,the contents of the plat file were examined and
exhibits A through P were identified by Mr.Hawbaker and presented
for consideration by the Commission.(Exhibits A through P con-
tained herein by reference to the plat file.)
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ZONING PERMIT:
C.B.International -(60 Day Limit),
Upon thorough review of the application for a Zoning Permit for C.
B.International,in consideration of the contents of the applica-
tion file,the on-site inspection,and the development as depicted
on t~e plat before the Commission,the Commission voted,on a
motion by Mr.Morrison and seconded by Mr.Hoffman,to deny the
permit application as depicted on the plat submitted.
This denial is based on the provisions of the Washington County
Zoning Ordinance,specifically,Article I.Purpose,Section (a)
which is to protect and promote the health,safety,and welfare of
the residents of Washington County,Section (c)insure adequate
light,air and privacy for future development;secure safety from
fire and other dangers,control congestion in the streets;prevent
ove-rcrowding of the land and undue concentration of the population;
Article 4,General Provisions,Section 4.1,the regulations Set by
this ordinance within each district shall be minimum regulations
and shall apply uniformly to each class or kind of st.ructure or
land except as hereinafter provided;Article 24,Section 24.1,
Administration of the Zoning Ordinance (a)the provisions of this
Ordinance shall be administered by the Washington County Planning
and Zoning Commission.The Commission may delegate routine admin-
istrative functions.An appeal from a decision of the Planning and
Zoning Commission shall be <made to the Board of Appeals as provided
in Section 25.4.In this reference the Commission exercises the
r~ght and responsibility to afford the residents of the County the
safeguards to health,safety and welfare the Ordinance grants them.
<The motion was unanimously adopted.(Transcript of record tape
part of the Minutes by reference)
The developer was advised that if safety factors can be resolved,
another application could be submitted and would be considered by
the Commission.
A meeting with the consultants is scheduled for Monday,March 11,
and a workshop meeting is scheduled for Tuesday,March 12.
485
ADJOURNMENT:
The meeting was adjourned at 10:00 P.M.
March 14,1974
~o~tQ.QI1AC:LA _
Donald R.Frush,Chairman
A workshop meeting of the Commission was held on Thursday,March 14,
1974 at 7:00 P.M.in the second floor conference room of the Court
House Annex.
Present:Chairman Donald R.Frush,Vice-Chairman William E.Dorsey,
Paul W;Hoffman,Charles Morrison,Barbara B.Whitcomb,Barry A.
Teach,Alan R.Musselman,Jack S.Hawbaker,Robert B.Garver and
Ronald Shives.
It was the concensus of the ~ommission that the following action be
taken:<
1.The Chairman was authorized to appear before the County
Commissioners to request the transfer of monies from the
"Other"line item of the budget to the appropriate line
item of the budget for use in delineation of those flood
plains that will not be provided by the Corps of Engineers.
This will be done in cooperation with the County Engineer
to clearly define the flood plain as a result of Tropical
Storm Agnes in cross referencing the bench marks,etc.
2.A letter is to be signed by the Commission membership ~nd
presented to the County Commissioners,requesting compen-
,~,4,~6
f
sation for'those staff members required to work in eXcess
ofihe normal work week.
3.The comments of the zoning portion of the Highway Inter-
change Study are to be placed in proper form and trans-
mitted to the consultant with authorization to proceed
with printing.
4.The information provided on March 12 by Mr.Enders of the
Transportation Commission on the Mass Transit Study is to
be sent to the consultants who replied to the original
invitation for proposals,with the request that a revised
proposal with price estimateS by tasks be provided.
On a motion by Mr.Morrison and seconded by Mr.Hoffman,the Com-
mission agreed that the areas of discussion on rezoning applications
heard by the Commission on February 14,be revised.The Commission
will consider at public meeting,their review information to
establish their official action on each re-zoning file request.
V@u#e::f 6?GfrV<~"-
Donald ,R.Frush,Chai,rman
March 18,1974
The Washington County Planning Commission met in regular session
on Monday,March 18,1974,at 7:30 P.M.in the Conference Room
of the Court House Annex.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.
Dorsey,John C.Herbst,Paul W.Hoffman,Charles Morrison,
Barbara B.Whitcomb,Executive Director Barry A.Teach,Planning
Director Alan R.Musselman,Assistant Planners RUbert B.Garver
and Ronald Shives,Zoning Administrator Jack S.Hciwbaker and
Glen L.Dull County Engineer.
Not present:David W.Sowers
The meeting was called to order at 7:40 P.M.
MINUTES:
On a motion by Mrs.Whitcomb and seconded by Mr.Dorsey,the Mitl-
utes of the meeting of March 4,1974,were accepted by the Commis-
sion with the correction of the last sentence on page 4,under
John L.Inman to read:Section 405,paragraph 12 (B)
So ordered.---
On a motion by Mrs.Whitcomb and seconded by Mr.Dorsey,the Com-
mission voted to adopt the Minutes of the special meeting of March
7,1974,with the correction of the time of the site inspection to
6:30 P.M.and addition of a notation including the transcript of
the record tape of the meeting as a part of the Minutes by refer-
ence.So ordered.
MINUWES,CONTD.:
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mrs.Whitcomb,that the Minutes of the workshop meeting of March
14,be accepted upon amendment of the first and last paragraphs.
The Minutes,as amended,will be placed on the agenda for the
next Commission meeting.So ordered.
On a motion by Mr.Dorsey and seconded by Mr.Herbst,theCommis-
sion voted to add to the agenda for Commission consideration,
plats approved under the new Commission policy,an invoice from
the consultant in the amount of $517.18,Highway Interchange
Study and Storm DrainageStud-y.So ordered.
As has been Commission policy for the convenience of persons in
attendance who have agenda items for Commission action,the fol-
lowing matters were taken under consideration:
487
Opequon II,Section I,(7 Lots),Preliminary and Final Approval:
The Commission voted,on a motion by Mr.Dorsey and secondell by
Mr.Herbst,to grant Preliminary Approval to the plat file.So
ordered.~
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On a motion by Mr.Herbst
sion voted to grant Final
submitted in final form.
and seconded by Mr.Dorsey,the Commis~
Approval to the plat which had been
So ordered.
Roadway Express,Preliminary and Final Approval:
Upon review of the plat file,the Commission voted,on a motion
by Mr.Morrison and seconded by Mr.Herbst,to grant Preliminary
Approval.So ordered.
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Morrison,to grant Final Approval to the plat file.So'
ordered.
ZONING PERMIT:
Standard Oakmont -Highway Interchange District:
Mr.Alexander B.Horvath appeared before the Commission requesting
approval of the site plan for a small industrial park for the pur-
pose of providing warehousing space.
Following discussion in regard to water and sewer requirements,the
Commission voted,on a motion by Mr.Herbst and seconded by Mrs.
Whitcomb,to approve the concept design but not the individual
site development and will so state on the site plan.Each and
every parcel is to be submitted for approval on an individual
basis for processi,ng to the agencies involved in the regular man-
ner.So ordered.
Paul Roop:
Mr.Roop requested approval of zoning permits for 30 boat docks on
the West Virginia side of the Potomac River immediately across from
the Maryland side on the Dam #4 slackwater.
On a motion by Mr.Dorsey and seconded by Mr.Morrison,the Com-
mission advised Mr.Roop that under the provisions of the Ordinance,
the procedure would be to the Board of Appeals,providing for pub-
lic hearing.So ordered.
Fairplay Farms,Section B (23 Lots),Final Approval:
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Herbst,to grant Final Approval to the plat file with the
stipulation that the entrance locations as described in.the County
Engineer's memo dated March 14 (by reference to the plat file)
shall be shown on the plat and shall be approved by the County
Engineer prior to signi~g by the Commission of the final tracing.
So ordered.
,,!(j e'J
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ZONING PERMIT,CONTD.:
Kent Estates (Replat),Final Approval:
The C~mmiss(on v~ted,on a motion by Mr.Herbst and seconded by
Mr.Morrison to grant Final Approval to the plat file,requesting
that the final tracing to be presented for Commission signature
contain the following statement:
"The use of duplex dwellings in this developmeni will eliminate the
entire development for eligibility for the use of the 18'minimum
County road standard in the event that the roads are ever requested
to be made a part of the deed(s)of conveyance for any lot in this
development.So ordered.
Board of Appeals Action.:
Mr.Robert Foltz,on behalf of the citizens of the Halfway area,
appeared before the Commission requesting clarification of Board
of Appeals action,as relates to the provisions of the Zoning
Ordinance,relative to granting approval to the Herald Mail Com-
pany for a variance.
The Chairman explained the process of rezoning classifications and
variance petitions as relates to the Commission,the County Commis-
sioners and the Board of Appeals and advised Mr.Foltz that the
general public could make recommendations to the Commission that
the provi~ions of the Ordinance be strengthened.
John S.Shank (8 Lots),Preliminary Approval:
The Commission voted,on a motion by Mr.Morrison and seconded by
Mr.Dorsey,to disapprove the plat file in accordance with the
provisions of Section 401,paragraph 1 of the Subdivision Ordinance,
due to Antietam Creek flood plain on Lot 1.Any redesign and/or
resubmission should include information on the extent and size
of the drainage area upstream,and should take into consideratioL
the effect of natural drainage on the septic areas of Lots 3,4,
find 5.So crderedo
Hill's Department Store,Final Approval:
The Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Hoffman,to grant Final Approval to the plat file.So ordered.
PLATS APPROVED UNDER ADMINISTRATIVE POLICY:
Simplified Plats:
Margurite Lohman,March 6,1974,George Basore,March 6,1974,
Lottie Campbell,March 6,1974.
Development:
John Inman,March 13,1974,Earl Trumpower,March 13,1974,
Prudence Newman,March 18,1974.
BILLS AND COMMUNICATIONS:
The Commission voted,on a motion by Mr.
Mr.Morrison,to approve for payment,an
$517.18 for the Historical Sites Survey.
SUBDIVISION REGULATIONS:
PRELIMINARY PLATS:
Dorsey and seconded by
invoice in the amount of
So ordered.
Oak Ridge Town,Section III (50 Units)(60 Day Limit):
A letter from Mr.Gerald Cump was read,requesting that a 60 day
extension of time be granted for Commission consideration of Oak
Ridge Town,Section III.
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Oak Ridge Town,Section III,Contd.~
The Commission'voted,on a motion by Mr.Dorsey and seconded by
Mrs.Whitcomb,to grant a 30 day extension of time to the devel-
opers of Oak Ridge Town,Section III,which will expire April 22,
1974.So ordered.
ZONING REGULATIONS:
ZONING PERMITS:
Carl Rosenberry:
Due to insufficient information available,the Commission took no
action on this application.
Ruth Waters:
On a motion by Mr.Morrison and seconded by Mr.Dorsey,the Com-
mission disapproved the application for a zoning permit for an
outdoor advertising sign in a residential district and asked the
Administrator to take corrective measures under the provisions of
the Zoning Ordinance.So ordered.
Herbert Segal -RADCO:
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Herbst,to disapprove the application for a permit for expan-
sion of camp grounds.Information is insufficient for agency
response.The applicant is to be informed that the application
may be resubmitted with the required information.So ordered.
ZONING VIOLATIONS:
Edward Cunningham:
On a motion by Mrs.Whitcomb and seconded by Mr.Morrison,the
Commission voted to direct the Zoning Administrator to proceed to
correct the violation as pertains to mobile home skirting under
the provisions of the Zoning Ordinance.So ordered.
Clifford Hines -Harold Wolfe:
Having been informed by the Commission and by certified mail that
compliance with the Zoning Ordinance requires that a variance be
applied for to the Board of Appeals,and having failed to do this,
the Contmission voted,on a motion by Mr.Morrison and seconded by
Mr.Dorsey,to direct the Zoning Administrator to process this
violation under the provisions of Section 22.4 (D)of the.Zoning
Ordinance.So ordered.
Floris Knight:
On a motion by Mr.Dorsey and seconded by Mr.Herbst,the Commis-
sion voted to notify Mr.Knight,that the Commission directs the
Zoning Administrator to take the necessary corrective action if
the sign in question is not placed in compliance with the pro-
visions of the Zoning Ordinance.So ordered.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
489
There
ies.
plain
is nothing new to report on the status of Flood Plain Stud-
The request for additional monies for delineation of flood
information is being followed through.
"t!HU
OLD AND UNFINISHED BUSINESS,CONTD,:
Water and Waste Water plan:
Mr.Larry Lahr of Nassaux-Hemsley appeared before the Commission
to report on the progress of studies relative to the Water and
Waste Water Plan update.The Commission requested that a workshop
meeting be held in the near future to consider the report in depth.
county Municipalities:
The Staff is continuing to meet with the towns in the establish~
ment of Planning Commissions.
The Chairman reported that the Washington Township Supervisors,
Waynesboro.Pennsylvania,as a result of a recent meeting with
them,have been provided with Washington County documents for their
information and use in their plan and subdivision up-date.
Highway Classifications and Highway Plan:
A meeting has been scheduled for Monday,March 25,for finaliza-
tion of proposals to be considered.
Management Framework Study:
The Chairman reported that revisions to the Management Framework
Study have been submitted in writing,as requested.
Housing Study:
There is nothing new to report on the s~atus of this study.
Mass Transit Study:
The Chairman reported that the report on the Mass Transit Study is
goine back to the consultants with notes in regard to work com-
pleted and that a priority of tasks would be on hand by next
Friday.
FY 75 Overall Program Design:
The Chairman requested that the cover letter of transmittal of the
OPD to the State be changed prior to being sent as regards the
date and other minor changes and asked authorization to sign pages
5,and 7 and having page 8 filled in properli.
On a motion by Mr.Morrison and seconded by Mr.Dorsey,the Com-
mission authorized the Chairman to complete the necessary signa-
tures and changes to the Overall Program Design and appear before
the County Commissioners for presentation and endorsement.So
ordered.
Rezoning Applications:
On a motion by Mr.Dorsey and seconded by Mr.Morrison,the Com-
mission voted to consider the rezoning application at a special
meeting next Monday,March 25,and to ask the County Commissioners
to establish a date for their hearing.So ordered.
Purchase of Tape Recorder:
On a motion by Mr.Morrison and seconded by Mr.Herbst,the Com-
mission directed the Executive Director to proceed to acquire a
tape recorder for the Commission office.So ordered.
"Highway Interchange District Study:
The Chairman stated that there was nothing new to report other
than the interim zoning report has been sent to the Consultant and
that it is expected that a final draft is to be received within
two weeks.
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NEW BUSINESS:
Potomac Edison -Certificate of Public Convenience and Necessity:
Upon review ofQthe application for a certificate of public con-
venience and necessity for the construction of a 138 KV transmis-
sion line connecting the company's planned halfway substation to
its Marlowe-Reed 138 KV transmission line,the Commission voted,
on a motion by Mr.Dorsey and seconded by Mrs.Whitcomb,to notify
Potomac Edison Company that there is no conflict with the Plan for
the County or Plan Policies in regard to the criteria as prelimi-
narily stated.So ordered.
Storm Drainage Managment Study:
The Planning Director brought to the attention of the Commission
that comments,relative to a draft of the Master Storm Drainage
Management Study,had been requested by Mr.Dull.
On a motion by Mr.Dorsey and seconded by Mr.Morrison,the Com-
mission directed that Commission comments be related to the plan-
ning aspects of the study only and include reference to current
drainage projects and in relationship of the total watershed
areas of the study.So ordered.
OTHER BUSINESS:
Clear Spring -Information Request:
It was brought to the attention of the Commission that the Town
of Clear Spring had made the request that the Planning Commission
notify the State Highway Administration of a drainage situation
within the corporate limits of Clear Spring and asked that cor-
rective measures be taken.
The Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Dorsey,to prepare a letter to the Town of Clear Spring with
a copy to the State Highway Administration and the County Commis-
sioners,stating that the problem does exist and that correction
of the problem in conjunction with construction of the town's
sewer system would be the mo£t desirable measure.So ordered.
Planning Legislation:
Relative to proposed legislation relative to water and sewer ser-
vices,the Commission voted to recommend to the legislative body
the following action pertaining to same:HB-860 -Support,
HB-86l -Support,HB-862 -Oppose.The motion was made by Mr.
Dorsey and seconded by Mr.Morrison,to submit the above recom-
mendations to the County Commissioners.So ordered.
NEXT MEETING DATE:
The next regular meeting of the Planning Commission will be on
April 1,1974 at 7:30 P.M.
Press Information:
Mr.Maginnis,reporting for the Herald-Mail,asked the Chairman if
it was felt that the Board of Appeals had made a Zoning change and
not an exception in regard to the decision for the Herald-Mail
Company.
Mr.Frush stated that not having the transcript of the Board of
Appeals hearing,he would not care to comment on the action
taken.He stated that no comment would be made in light of court
proceedings.
ADJOURNMENT:
491
The meeting was adjourned at 11:30 P.
Morrison and seconded by Mr.Dorsey.
M.on a motion by Mr.
So ordered
OQ1AJdCK{~
Donald R~Frush,Chai~man
4~~
April 1,1974
The Washington County Planning and Zoning Commission met in regular
session on Monday,April 1,1974 at 7:30 P.M.in the second floor
Conference Room of the Court House Annex.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.
Dorsey,John C.Herbst,Paul W.Hoffman,Charles Morrison and
Barbara B.Whitcomb.Staff:Executive Director Barry A.Teach,
Jack S.Hawbaker,Zoning Administrator and Assistant Planners
Robert B.Garver and Ronald Shives.
Not present:David W.Sowers
The meeting was called to order at 7:30 P.M.
MINUTES:
The Minutes of the Workshop meeting of March 14,1974,were
approved as presented on a motion by Mr.Dorsey and seconded by
Mrs.Whitcomb.So ordered.
The Minutes of the regular Commission meeting held on March 18,1974
were approved as written on a motion by Mr.Dorsey and seconded by
Mr.Herbst.So ordered.
,BILLS AND COMMUNICATIONS,
On a motion by Mr.Dorsey and seconded by Mr.Morrison,the Commis-
sion voied to authorize payment of an 'invoice from the consultant
for the Historical Sites Survey in the amount of $406.15.So
ordered.
The Commission voted,on a motion by Mrs.Whitcomb and seconded bl
Mr.Herbst,to defer payment of invoice from Urban Research and
Development Corporation in the amount of $2,654.25,until the
definitive material is in hand and a review can be made.The
invoice will be placed on the agenda for the next Commission
mee~ing.So ordered.
Letter from Oliver-Cump,Re:Extension of time for Leo J.Rocca:
At the request of the engineering firm of Oliver-Cump,the Commis-
sion voted pn a motion by Mr.Herbst and seconded by Mr.Hoffman.
to grant a thirty (30)day extension of time for Commission con-
sideration of a Preliminary plat for Leo J.Rocca,expiration of
which shall be May 13,1974.So ordered.
Letters from Mr.Kenneth Mackley,Re:C.B.International,Inc.
'(Pizza Hut):
Letters from Mr.Mackley,dated March 20 and March 26 respectively,
in relation to the ingress and egress to the project submitted by
C.B.International,Inc.,for a zoning permit to construct a Pizza
Hut,were read into the Commission record.(By reference to the
plat file).As pertains to previous action of the Commission,it
was requested that details in regard to access areas of the plat be
worked out to the mutual satisfaction of the State Highway Adminis-
tration and the Commission.Mr.Mackley,Mr.Hinkle and his
engineer were present to hear the Commission's response to the
request.
The Chairman stated that previous Commission action had pointed out
that if the problems created could be resolved,a plat could
immediately be resubmitted for the total parcel,which was not
before the Commission at that particular meeting,to be considered
for a zoning permit.
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COMMUNICATIONS,CONTD.:
Letters from Mr.Kenneth Mackley,Contd.:
The Chairman further stated that additionally,a meeting had been
held with the Traffic Engineer of the State Highway Administration
who has had recommendations as pertains to the entire parcel,and
was advised that a plat prepared as regards the ingress and egress,
taking into account the health,safety and welfare of the ·public
could be considered.
Following a lengthy discussion by the Commission,a moticn was
made by Mr.Herbst and seconded by Mr.Morrison,to advise the
developer and his representatives to meet with the staff to discuss
all alternatives of the development and consider ~11 information
available,including the comments of the State Highway Administra-
tion,and the minutes of the meeting of March 7,1974,which did
not in fact,deny access,.but rather requested design change as
relates to ingress and egrees of the entire parcel of land.So
ordered.
Letter from Seibert,Whitesell and Campbell,Re:LuRose Estates:'
A letter was received on behalf of Mr.Carl Rosenberry asking the
Commission to review concept plans for Lu Rose Estates,previously
submitted and disapproved because of projected route for the
Hagerstown Beltway.and asking how to proceed in light of recent
developments.
The Commission voted,on a motion by Mr.Dorsey and seconded by Mr.
Morrison,to advise the developer and owners of Lu Rose Estates,
that since the location of the center line is not established,that
a plat can be submitted as long as it is in compliance with the
adopted ordinances and the adopted Plan.So ordered.
Letter from Robert Carr,Re:Conveyance of Lot:
A letter was received from Robert Carr in which he requested
directi~n in the conveyance of a lot to his parents.
The Commission directed the "staff to reply to Mr.Carr's corres-
pondence informing him to submit a plat in compliance with the
provisions of the Subdivision Ordinan·ce.
ZONING ORDINANCE:
-Donald Bowman (Highway Interchange District):
On a motion by Mr.Herbst and seconded by Mr.Morrison,the Commis-
sion voted to deny the permit application because it is in violation
nf Section 24.2 (A)and Section 19.3 {B)of the Zoning Ordinance and
asked that the Zoning Administrator enforce the provisions of the
Zoning Ordinance.So ordered.
Richard Lohman:
Mr.Richard Lohman appeared before the Commission asking site plan
review as regards two lots in June Avenue Heights existing on a
farm lane,relative to the Zoning Ordinance.The staff was
requested to review the proposal in consideration of the provisions
of the Subdivision Ordinance,and sD advise Mr.Lohman.
SUBDIVISION REGULATIONS:
PRELIMINARY PLATS:
Woburn Estates,Section 4,(7 Lots)(60 Day Limit):
On a motion by Mr.Dorsey and seconded by Mr.Herbst,the Commis-
sion voted to disapprove the plat application because it did not
receive Health Department Approval per Section 510 of the Subdivi-
sion Ordinance.
493
4~4
PRELIMINARY PLATS,CONTD.:
John S.Shank (8 Lots)
I
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Morrison,to disapprove the plat file in accordance with the
provisions of Section 504 of the Subdivision Ordinance.Any
redesign and/or resubmission should include information specified
in the County Engineer's memo dated February 15,1974,and should
take into consideration the effect of natural drainage on the sep-
tic areas of Lots 3,4,and 5.So ordered.
Richard Kesselring (3 Lots):
The Commission voted,on a motion by Mr.Herbst and seconded by
Mrs.Whitcomb;to grant Preliminary Approval to ,the plat file.So
ordered.
FINAL PLAT:
Donald Keener (3 Lots)(30 Day Limit):
Upon review of the plat file and noting that the Health Department
had given verbal approval,the Commission voted,on a motion by
Mr.Dorsey and seconded by Mr.Hoffman,to grant Final Approval
and asked that the final tracing not be signed by the Commission
Chairman until the letter of approval from the Health Department
is in hand.So ordered.
~ONING REGULATIONS:
ZONING PERMITS:
Carl Rosenberry:
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.
Morrison,to grant approval for the issuance of a zoning permit to
Mr.Rosenberry for an addition to his place of business on Pennsyl-
vania Av"nue.So ordered.
Harry Keller:
On fl.motion by Mrs.Whitcomb and seconded by Mr.Dorsey,,the Com-
mission voted to grant approval of the issuance of a zoning permit
for an additional building to be used for storage in a BL District.
So ordered.
The Commission voted,on a motion bY Mr.Dorsey and seconded by Mr.
Morrison,to notify Mr.Keller,that the application for a sign
permit does not meet the provisions of the Zoning ·Ordinance and
that his procedure would be to the Board of Appeals.So ordered.
Safari Campground -Sign:
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.
Dorsey,to approve the issuance of a sign permit to Safari Camp-
ground.So ordered.
ZONING VIOLATIONS:
Smi th 's Repair,ShoE.:..
On a motion by Mr.Dorsey and seconded by Mrs.Whitcomb,the Com-
mission voted to direct the Zoning Administrator to refer the
violation as pertains to Section 4.3 (E)of the Zoning Ordinance to
the legal department if compliance is not met within a reasonable
length of time,and to so notify the owner.So ordered.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
There is nothing new to add to the status of the Flood Plain Studies.
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495
Water/Waste Water Plan:
The Chairman reported that the staff is continuing to meet with the
municipalities,organizations and committees,both City and County,
to gather the necessary data to develop a realistic Water and Waste
Water Plan.
County Municipalities -701 Contract:
The County Municipalitie~Program is proceeding on schedule.By
previous action of the Commission,no payment will be authorized to
the consultant until materials for Town Plans are in hand.
Highway Classifications and Highway Plan:
The Chairman reported that the staff is working on the criteria
established to bring each and every proposal in regard to County
roads back to the Commission for their consideration.The Chairman
stated that it was hoped that the news media would review the
Highway proposals and bring to the attention of the general populace
of the County,as pertains to classification on any particular road.
Management Framework Study:No new report.
Housing Study:
Nothing new to report on the status of the Housing Study.
Master Storm Drain Management Plan:
It was reported that the County Engineer has prepared a Scope of
Work for the Master Storm Drain Management Plan and is proceeding to
work out with consultants,revisions as pertains to Commission
~ecomm~ndation~
On a motion by Mr.Dorsey and seconded by Mr.Herbst,this item of
business was deleted from the Commission agenda.So ordered.
Mass Transit Study:
With Commission concurrence,the Chairman asked the Committee to
review proposals with the staff and make recommendations to the Com-
mission,based upon the new pricing and task elements submitted.
FY 75 Overall Program Design:
The Chairman reported that the Overall Program Design llad been sub-
mitted to the State.
In regard to the preparation of a letter to the Editor in answer to
the news article misrepresenting the facts as pertains to the OPD
document,the Chairman requested direction from the Commission.
The Commission concurred with the contents of a letter,with minor
changes,which had been prepared to point out the factual purpose of
the document,to be forwarded to the Editor of the newspaper.
The Commission voted,on a motion by Mr.Dorsey and seconded by Mr.
Morrison,to remove the OPD from the Commission agenda.So ordered.
Rezoning Applications:
The Commission voted,on a motion by Mrs.Whitcomb and seconded by
Mr.Dorsey,to present the recommendations of the Commission in
regard to rezoning applications RZ-36 through RZ-64 to the County
Commissioners as submitted.So ordered.
On a motion by Mr.Dorsey and seconded by Mrs.Whitcomb,the Commis-
sion voted to remove this item of business from the Commission agenda.
So ordered.
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OLD AND UNFINISHED BUSINESS,CONTD.:
Highway Interchange study:
The Chairman reported that the first volume of the Highway Inter-
change Study is in the process of being printed and volume II will
be available within the next few weeks for Commission review.
NEW BUSINESS,
Election of Officers:
The Chairman requested that nominations be made from the floor for
the selection of officers to serve as Chairman and Vice-Chairman of
the Planning and Zoning Commission for the next term of office as
provided for in the Bylaws of the Commission.
Mr.Frush was nominated for the office of Chairman upon motion being
made by Mr.Dorsey and seconded by Mr.Morrison.There being no
other nominations for the office of Chairman,the nominations were
closed on a motion by Mr.Morrison and seconded by Mr.Dorsey.So
ordered.
On a motion by Mr.Herbst and seconded by Mrs.Whitcomb,Mr.Dorsey
was nominated to continue to serve as Vice-Chairman of the Plannnng
and Zoning Commission.There being no other nominations,the motion
was made by Mrs.Whitcomb and seconded by Mr.Hoffman,to close the'
nominations for the office of Vice-Chairman.So ordered.
Each of the officers so elected was present and thereupon accepted
the term of office to which he was elected.
FY 1975 Budget:
Alternate budgets,based upon the pO'3sibility of transference of
zoning permits,received authorization to be submitted to the County
Commissioners for their consideration,on u mction by Mr.Dorsey
and seconded by'Mr.Herbst.So ordered.
OTHER BUSINESS:
After discussion in regard to staffing the office during evening
hours twice monthly to provide additional services to the public,.the
Commission agreed to continue the pOlicy for one evening a month,
which will be the fourth Tuesday,until June 1.
Site Plan Review -Bruce Nichels (Funkstown):
The Commission voted,on a motion by Mr.Dorsey and seconded by Mr.
Morrison,to forward the recommendations made by the staff and th~
various agencies in regard to the site plan review for Mr.Nichels,to
the Funkstown Planning Commission and the Mayor and Council as pflr~
tains to the Town of Funkstown.So ordered.
Plats Approved Under Administrative Policy:
Simplified Plats:
Tusing-Iusing-March 21,Tusing-Thren-March 21,Wetzel-Lowry-March
21,Breezewood Hill Homestead-.March 27,Ravenswood Heights-Kehne-
March 27,Ravenswood Heights-Porter -March 27,and Ravenswood Heights
Reynolds-March 27.
Development:
H.Don Smith-March 20,Reuben Horst-March 22,Victor Barnhart-
March 26,and Andrew Luther-March 28.
NEXT MEETING DATE:
The next regular meeting of the Planning and Zoning Commission will
be April 15,1974 at 7:30 P.M.
Press Information:
The Chairman answered queries from the press representative rela-
tive to the Co~nty Municipalities Contract and legislative action
as pertains to the Hagerstown Beltway.
Draftsman:
The Commission,on a motion by Mr.Morrison and seconded by Mr.
Dorsey,directed that a letter be prepared for the County Commis-
sioners in regard to the termination of employment of Mr.Gary
Wolfe as pertains to time element invloved,and to proceed with a
suitable replacement.So ordered.
ADJOURNMENT:
497
The meeting was adjourned.at 10:40 P.~1.fJ fhuJaf.U<()MA.Jt.-
Donald R.Frush,Chairman
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April 15,1974
The regular meeting of the Washington County Planning and Zoning
Commission was held Monday,April 15,1974 at 7:30 P.M.in the
Conference Room of the Court House Annex.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.
llo).'sey,John C.Herbst,Paul W.Hoffma.n,Charles Morrison,David
W:Sowers,Executive Director Barry A.Teach,Planning Director
Alan R.Musselman,Jack S.Hawbaker Zoning Administrator and
Assistant Planners Robert Garver and Ronald Shives.Not present:
aarhara B.Whitcomb.Members of the Advisory Board present:
Chairman William E.Wolford,Secretary Jackie Van Winkle,Richa.rd
Bowers and Dennis Miller.
The meeting was called to order at 7:30 P.M.
MINUTES,
The Minutes of the regular Commission meeting of Monday,April 1,
1974,were adopted as presented,on a motion by Mr.Dorsey and
sec~nded by Mr.Herbst.So ordered..
BILLS AND COMMUNICAT'IONS:
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Morrison,to authorize payment of Invoicos 4 and 5 for Town
Plans to the consulting firm of Urban Research and Development,
based upon the inventory of materials in hand to date.So ordered.
On a motion by Mr.Dorsey and seconded by Mr.Morrison,the Commis-
sion voted to pay Invoice No.26 for the Historical Sites Survey.
So ordered.
Letter fromo/ir.Robert IV!.Johnson,Re:Robinwood MevIs,
Mr.Johnson,Mr.Burtner and Mr.Goldberg,appeared before the
Commission ill regard to Robinwood Mews development which had pre-
viously been disapproved in May of 1972 because of lack of public
sewerage to serve the development.It was stated that the devel-
oper had been informed that the City of Hagerstown could at this
time,serve tIle development and it was being requested that the
Commission direct as to procedure.
Noting that the development is generally in compliance with Plan
policies,tha developer was advised to submit a plat for agency
review in the regular manner,in compliance with ~he Subdivision
Ordinance and all other documents as pertains to this type of
development.
4,~(j
SUBDIVISION P~GULATIONS:
PRELIMINARY PLATS,
Countryside Development,Section B (14 Lots)(60 Day Limit):
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Sowers,to disapprove the plat file because it did not receive
Ilealth Department approval per Section 510 of the Subdivision
Ordinance or County Engineer's approval Per Section 504 of the
Subdivision Ordinance.So ordered.
A large number of interested persons were in attendance in regard
to Countryside Development.Comments were requested by the Chair-
man from James McCarter of 121 Mountain View Avenue,acting as
spokesman for the group.
Mr.McCarter expressed concerns of the group as pertains to drain-
age in the area as well as road problems,schools and aesthetic
elements of~the development.Eleven other members of the group
stood in agreement with Mr.McCarter's remarks.The Chairman
requested that the staff review these comments made at such time
that the plat is resubmitted.
Richard Logman -Private Road:
Mr.Richard Lohman appeared before the Commission relative to a
proposal to subdivide two lots from his property situated off
Kent Avenue.On staff review it was not found to be in compliance
with Section 405,paragraph 12 (B)of the Subdivision Regulations.'
-The Chairman informed Mr.Lohman that tile staff had acted in
accordance with the provisions of the adopted Subdivision Ordi-
nance and that the Commission concurred with this determination.
ZONING PERMIT:
Advertising,Inc.:
The Commissi0n voted,on a motion by Mr.Herbst and secondod by
Mr.Do£sey,to ~pprove the issuance of a zoning ~0r~it fo~a
retai~tire sales store in the Highway Interchange'District with
the stipulation that the business be confined within the building.
So ordered.
The Commission voted,on a motion by Mr.Sowers and seconded by
Mr.Herbst,to approve the issuance of a permit for an outdoor
advertising sign in a Business,General District.So ordered.
PRELIMINARY PLAT:
Lappans Ridge,(24 Lots)(60 Dav Limit):
On a motion by Mr.Herbst and seconded by Mr.Morrison,the Com-
mission voted to disapprove the plat because it did not receive
Health Department approval in accordance with Section 510 of the
Subdivision Ordinance,and County Engineering approval in accord-
ance with the provisions of Section 504 of the Subdivision
Ordinance.So ordered.
W.Lee Sterling,Lot 1 (60 Dav Limit):
On a motion by Mr.Hoffman and seconded by Mr.Morrison,the Com-
mission voted to disapprove the plat ,file because it did not
receive Health Department approval per Section 510 of the Subdi-
vision Ordinance.So ordered.
Oak Ridge,Towne,Section III,(50 Units):
Pollowing discussion 'in regard to the provision of open space
requirements for the entire Oak Ridge Towne development,the Com-
mission voted to grant Preliminary Approval and asked that the
following information be contained on the final plat:
1.Information specified in the letter from the Sanitary Commis-
sion dated Pebruary 20,1974.(Attached by reference to the
plat file).
2.Information specified in the County Engineer's letter dated
March 4,1974.(Copy attached by reference to the plat file).
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fRELHIINARY PLATS,CO!'.)'rD.:
Oak Ridge Towne,Section III,,~CQntd.:
3.Notation ~o the effect that the roads are to be constructed to
County standards prior to occupancy of any dwelling units.
4.Any additional development of the tract shall include a pre-
liminary plat of the entire projected development.
The motion was made by Mr.Sowers and seconded by Mr.Herbst.So
ordered.
Robert Nelson Myers,Preliminary and Final Approval:
The Commission voted,on a motion by Mr.Herbst and seconded by
,Mr.Sowers,to grant Preliminary Approval to the plat file based
upon County Commissioners action of March 12,1974.So ordered.
On a motion by Mr.Hoffman and seconded by Mr.Sowers,the Com-
mission voted to grant Final Approval to the plat file bas~d upon
County Commissioners action of March 12,1974.So ordered.
FINAL PLATS:
Greenhill Development,Section C (SLots):
The Commission voted,on a motion hy Mr.Sowers and seconded by
Mr.Dorsey,to grant Final Approval to the plat file.So ordered.
Charles Strother,Sec~ion I (8 Lots):
On a motion by Mr.Herbst and seconded by Mr.Hoffman,the Commis-
sion voted to grant Final Approval to the plat file.So ordered.
ftJashing'ton Four (21 I.ots):
Noting that the notations requested had been added to the plat,
the Commission voted,on a motion by Mr.Sowers and seconded by
Mr.Herbst,to grant Final Approval.So ordered.
ZONING REGULATIONS,
ZONING PERMITS:
Maurice /1ar-tin:
On a motion by Mr.Dorsey and seconded by Mr.Hoffman,the Commis-
sion voted to approve the issuance of a permit for an outdoor
advertising sign at the corner of Maugans Avenue and Pennsylvania
Avenue for Maurice Martin.So ordered.
Robert Dawson:
The Commission voted,on a motion by Mr.Sowors and seconded by
Mr.Herbd~,to approve tlle issuance of an on-premises sign in a
Higbway Interchange District for Robert Dawson.So ordered.
499
,1500
ZONING PERMITS,CONTD.:
Charles E.Jones:
This permit application will be placed on the next agenda for Com-
nlissioll acti.on.
'rhe Zoning Administrator was directed to follow through with the
provisions of tIle Zoning Ordinance as pertains to a violation
which is still in operation,by Mr.Merrbaugh.
Eyerly's:
On a motion by Mr.Hoffman and seconded by Mr.Sowers,the Com-
mission approved issuance of permits to Eyerly's for advertising
signs.So ordered.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
There is nothing new to add to the status of flood plain studies.
Water and Waste Water Plan:
A technical workshop meeting is scheduled for April 26,from
10:00 A.M.until 3:30 P.M.relative to the Water and Waste
Water Plan progress report and policy alternatives.
Coun'ty Municipalities -701 Contract:
"A progress report on materials completed has been discussed by
the consultant.
Highway Classifications and Highway Plan:
It was brought to the attention of the Commission tllat copies of
the Land Use for the Highway Interchange had been delivered.It
wa5 requested that as additional copies are made available,they
La distrituteJ 'Lo the City of Hagerstown and all municipalities
with land contiguous to the Highway Interchange Districts,asking
for review and comment,prior to advertisement of public hearing,
in compliance with the 60 day requirement for such public hearing.
On a motion by Mr.Sowers and seconded by Mr.Dorsey,the Commis-
sion established the date of June 24,1974,as public hearing
date for the Highway Interchange Land Use Plan.So ordered.
Management Framework Study:
Copies will be available from the Consultant next week.
Housing Study:
A workshop to review the housing study is scheduled for next
Thursday.
Mass Transit Studv:
The Commission,on a motion by Mr.Herbst and seconded by Mr.
Dorsey,voted to refer the recommendation of the Planning Commis-
sion,the City of Hagerstown and the Transportation Commission
relative to the selection of consultants as pertains to the Mass
Transit Study,to the County Commissioners for their reviaw and
action.So ordered.
NEW BUSINESS:
Advisory Board Appointments:
The names of Daris Phillips,Susan Alexander and Michael Dreisback
were submitted to the Commission for consideration of appointment
to the Advisory Board for the Planning Commission.
On a motion by Mr.Morrison and seconded by Mr.Hoffman,the Com-
mission voted to raise the membership of the Advisory Board to the
PIUTI11ing COlulnission to 17 members and at the same time,appointed
all three persons whose names had been submItted to serve on the
Advisory Board.So ordered.
501
NEW BUSTNESS,CONTD.:,
Mobile Home Parks:
A staff report as pertains to mobile home parks in the Agriculture
District was read in \~hich it was recommended the deletion of
mobile home parks as a principal permitted use in the A District
as provided for in Section 6.0 of the Zoning Ordinance and add a
new "Mllp"Mobile Home Park Zoning classification.,
It was the request of the Commission that the recommendations of
the staff be referred to the Zoning Administrator for serious
consideration in amendment of the text of the Zoning Ordinance
and also referred to the AdviSory Board for their review and com-
ment.
OTHER BUSINESS:
Maryland Association of Counties Summer Conference:
It was brought to the attention of the Commission that the Mary-
land Association of Counties Summer Conference is scheduled for
July 25,26,and 27 in Ocean City,Maryland.
Plats Approved Under Administrative Policy:
Simplified Plats:Barnhart -Conrad,April 2,1974,Auto Salvage
and Parts Co.Inc.,April 2,1974,Dr.and Mrs.Jack Beachley,
April 5,1974,and Cruze Acres,April 9,1974.
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De~elopment:Alvey R.Mowen,Lot 4 -April
Repp,April 4,1974.
Subdivision and Site Plan Review Format:
1",1974,and Charles
Copies of forms as an aid to the staff and review agencies for
subdivision revi~w and site plan review were distributed to the
members fOT their information.The Chairman requested that copies
of the new format be made available to the Advisory Board.
Board of Appeals Meeting:
It was brought to the attention of the Commission that the Bo~rd
of Appeals meeting on Wednesday,would be concerned with permit
applications as pertains to docking facili t.ies.The Chairman
asked the Commission to consider submitting paragraphs from the
preliminary stat.e plan as pert.ains to boating on the Potomac and
also correspondence from the Corps of Engineers relative to t.he
issuance of permits.
The Commission voted,on a motion by Mr.Morrison and seconded by
Mr.Dorsey,that a statement be prepared relevant.to this matter
and presented to the Board of Appeals.So ,ordered.
The Chairman stated that a meeting with Clear Spring as pertains
to their previous request in regard to Toms Run was scheduled for
Thursday at 10:00 A.M.and requested that members be present
relative to participating with agencies involved in correcting
the situation.
NEXT MEETING DATE:
The next regular meeting of the Planning aud Zoning Commission is
scheduled for May 6,1974,wit.h a workshop meeting scheduled for
Thursday.
ADJ-OURNMENT:
The TIl00ting was adjouTllod at
and seconded by Mr.Sowers.
10:15 P.M.on a motion by Mr.Herbst
So ordered.
J1~(J"Dona ld R -..~-:-l~,',--.fru51 .....-.,
}\.pri1 25,1974
A.Special Meeting was held by the Planning and Zoning Commission
on Thursday,April 25,1974 at 7:30 P.~l.in the second floor Con-
ference Room of the Court House Annex.
Present were:Chairman Donald R.Frush,Vice-Chair.an William E.
Dorsey,John C.Herbst,Paul W.Hoffman,Charles Morrison,"David
W.Sowers,Barbara B.Whitcomb,Jack S.Hawbaker Zoning Director
w,d Barry A.Teach Executive Director.
The meeting was callod to order at 7:30 P.M.
BTLLS AND COMMU\fICATIONS:
None
SUBDIVISION REGULATIONS:
No plats ready for consideration at this time.
OTHER BUSINESS,
Flood Plain Delineation:
~The Chairman,reporting on the status of flood plain delineation
C'l information,reported that the County Engineer has prepared a scope
00 of \jork which will give the information necessary to retain the
~IJ natural flood plain areas without damage to property and life.He
~;;tated that the County Engineer is amending the scope of work in
Bctcrdance with requests as pertains to those areas which were
ambiguous and information that exists from the U.S.Weather Bureau
and the delineation of the 50 year flood frequency,and also as
pertains to industrial areas which were not shown on the maps.
Managemen~Framework Study:
Copies of the Management Framework Study were distributed to the
Commission and the press.The Commission will act,after review,
in making recommendations to'the County Commissioners and the City
?f Hagerstown in the near future.
Joint Meeting with Hagerstown Planning Commission:
The Chairman requested that a joint meeting with the City of Hagers-
town Planning Commisston be arranged to discuss matters of mutual
concerns and correlation of plans.
On a motion by Mr.Morrison and seconded by Mr.Sowers,the Chairman
was authorized to proceed with the arrangements for such a prelimi-
nary meeting with the City of Hagerstown Planning Commission for the
third Monday of May.So ordered.
Complimentary Copy of the Subdivision Ordinance:
1be Commission voted,on a motion by Mr.Dorsey and seconded by Mrs.
Whitcomb,to make available a complimentary copy of the Subdivision
Ordinance to the e&O Canal Acquisition staff per their request.So
ordered.
Complimentary Copy of the Zoning Ordinance:
On a motion hy Mr.Dorsey and seconded by Mr.Sowers,the Commission
voted to supply Barracks a of the State Police a complimentary copy
of the Zonillg Ordinance.So ordered.
Delegation of Zoning Matters:
The Chairman brought to the attention of the Commission,a news
release relative to notification to the public of the delegation of
2
Delegation of Zoning Matters,COntd.:
all zoning matters to Mr.Hawbaker as Zoning Director,in order
that operations of zoning permits versus the rezoning of land,
and the operations of the Appeals Board versus action by the
County Commissioners in regard to the rezoning of land are bet-
ter understood,and asked that the admiuistration of the Zoning
Ordinance by Mr.Hawbaker become effective as of 8:30 A.M.,
April 26.
On a motion by Mr.Dorsey and seconded by Mr.Sowers,the Com-
mission voted to adopt the news release to the public,asking
the administration of the Zoning Ordinance be undertaken by Mr.
Hawbaker immediately.The motion was passed unanimously.
NEXT MEETING DATE:
The next regular meeting of the Planning and Zoning Commission
is scheduled for May 6;1974 at 7:30 P.M.
ADJOURNHENT:
Following a question and answer period for the benefit of the
Press,the meeting was adjourned at 8:10 P.M.on a motion by
Mr.Herbst and seconded by Mr,.Hoffman.So ordered.
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Hay 6,1974
The regular meeting of the Washington County Planning and Zoning
Commission was~held at 7:30 P.M.on Monday,May 6,1974 in the
Conference Room of the Court House Annex.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.
Dors~y,Paul W.Hoffman,David W.Sowers,Charles Morrison and
Barbara B.Whitcomb.Staff:Executive Director Barry A.Teach,
Planning Director Alan R.Musselman,Assistant Planners Ronald L.
Shives and Robert B.Garver.Glen L.Dull,County Engirieer,
Daris Phillips,Advisory·Board member and Bob Maginnis reporting
for the ,Heraln-Mail.Not present:John C.Herbst.
The meeting was called to order at 7:30 P.M.
HINUTES,
TIle Minutes of the regular meeting of April 15,1974,were approved
as presented on a motion by Mr.Dorsey and seconded by Mr.Hoffman.
So ordered.
BILLS AND COW1UNICATIONS,
L~tter from Donald Detwiler,Re:
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The Minutes
a.pproved as
Mr.Dorsey.
of the special meeting
written on a motion by
So ordered.
held on April 25,1974 were
Mrs.Whitcomb and seconded by
P-I002 (Town Plans):
~
.A letter from Donald Detwiler,President of Urban Research and
Development Corporation was read in which it was requested that
an extension of the contract for town plans be granted from April
30 to August 30.
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Sowers to notify Mr.Detwiler and the Department of State
?lanning,that the Commission is agreeable to accepting the exten-
sion date of the contract with the expectation that the terms of
tile contract will be fulfilled by August 30.So ordered.
Urban Research and Development (Town Plans)$2,406.00:
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Sowers,to hold an invoice from Urban Research and Development
in the amount of $2,406.00 for Town Plans,until materials are
received for review on the percentage of work completed.So
ordered.
Urban Research and Development (Other Studies)$1,214.00:
The Commission voted,on a motion by Mr.Sowers and seconded by Mr.
Dorsey to approve for pByment,an invoice in the amount of
$1,214.00 from Urban Research and Development relative to County
studies which includes the Interchange Study,Housing Study,Man-
agement Framework Study and Highway Study.So ordered.
J.Russell Robinson (Legal Fees)$440.00:
On a motion by Mr.Sowers and seconded by Mr.Dorsey,the Commis-
sion voted to approve for payment,an invoice in the amount of
$~40.00 to J.Russell Robinson,Attorney for the Plannillg Commis-
sion,for legal services relative to Zoning matters.So ordered.
Paula S.Dickey (Historic.Bites Survey)$557.98:
The Commission voted,on a motion by Mrs.Whitcomb and seconded
by Mr.Morrison,to approve for payment an invuice in ~he amount
of $557.98 for the Historic Sites Inventory.So ordored.
4
BILLS AND COMMUNICATIONS,C~NTD.:.
Johns Hopkins Uni versl ty,Center for ~1etropolitan Planning and
Research -Request for Documents:
The Commission voted,on a motion by Mr.Morrison and seconded by
Mr.Hoffman,to supply Johns Hopkins University with the requested
documents.So ordered.
It was also brought to the attention of the Commission,a request
for County documents from the Department of Water Pollution Con-
trol.On a motion by Mr.Sowers and seconded by Mr.Dorsey,the
Commission voted to supply the requested documents.So ordered.
ZONING REGULATIONS:
C. B.International -Concept Review:
Mr.Hinkle and Mr.Mackley appeared before the Commission with
the request that the Commission concur with the recommendations
of the Maryland Department of Transportation,Bureau of Traffic
Safety and the Washington County Resident Maintenance Engineer as
defined on a concept plan for C.B.International.
Following a lengthy discussion and five minute recess at the
request of the Commission,the Commission reconvened and voted
to concur with the opinion of the Maryland Department of Trans-
portation,Bureau of Safety and the Washington County Resident
Maintenance Engineer,as pertains to ingress and egress,with the
recommendation that a mechanical device be installed to prevent
motorists from using the Rt.40 entrance as a means of egress.
The motion was made by Mr.Sowers and seconded by Mrs.Whitcomb.
The motion carried with Mr.Morrison voting "No".
The Commission also resolved,on a motion by Mr.Sowers and sec-
onjcd by Mr.Hoffman,to absolve the Commission for the need 9£
any further re~iew of this particular plat and that the-Zoning
Director handle the issuance of a zoning permit in compliance
with the authority granted him to do so under the policy estab-
lished by the Commission.So ordered.
PRELIMINARY PLAT:
Hickory Elementary School (60 Day Limit):
Upon review of the plat information,the Commission voted,on ~
motion by Mr.Morrison and seconded by Mr.Sowers,to disapprove
the plat because it did not receive Health Department Approval
per Section 510 of the Subdivision Ordinance.It was also
pointed out that the staff review should contain additional infor-
mation,clearly defining potential drainage damage which would
eventually terminate at Semple's Run.So ordered.
NEW BUSINESS:
Halfway Boulevard Extension -Woodmoor Subdivision Design Review:
County Engineer Glenn L.Dull appeared before the Commission wi~~
the request for approval from the Commission relative to modifi-
cations in the design criteria for use in certain sections of the
Woodmoor Subdivision.
Following discussion of any future development of the area as it
pertains to drainage problems,traffic,etc.,the Commission
voted on a motion by Mr.Hoffman and seconded by Mr.Dorsey,to
approve the design modifications for this property drawing only,
the developer to be notified of the intent of this approval which
in no way alleviates him from submitting development plans in
accordance with the adopted ordinances.So ordered.
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SUBDIVISION REGULATIONS:
PRELIMINARY PLATS:
High's Dairy Store (60 Day Limit):
Upon review of the plat file,the Commission voted,on a motion by
Mr.Sowers and seconded by Mrs.Whitcomb,to disapprove the,plat
application because it did not receive Health Department Approval
per Section 510 of the Subdivision Ordinance,or County Engineer's
approval per Section 504 of the Subdivision Ordinance.So ordered.
Leo J.Rocca (Commercial)(60 Day Limit):
The Commission voted,on a motion by Mr.Sowers and seconded by
Mr.Hoffman,to grant Preliminary Approval to the 'plat file.So
ordered.
D.Richard Martin (3 Lots):
Upon review of the plat file,the Commission voted,on a motion
by Mr.Dorsey and seconded by Mr.Morrison,to grant Preliminary
Approval.So ordered.
Van Lear Manor,Section 8 (60 Day Limit):
Upon review of the plat file information,the Commission voted,on
a motion by Mr.Dorsey and seconded by Mrs.Whitcomb,to disap-
prove the application because it did not receive Health Department
approval per Section 510 of the Subdivision Ordinance or County
Engineer's approval per Article IV and Section 504 of the Sudivi-
si6n Ordinance.So ordered.
FINAL PLATS,
Forge Hill Estates (Revised)(30 Day Limit):
Nuting that the revised plat contained the change in the street
location and alteration of lot lines as requested,the Commission
voted to grant Final Approval to the plat file on a motion by Mr.
Sowers and seconded by Mr.Morrison~So ordered.
Richard Kesselring (3 Lots):
On a motion by Mr.Sowers and seconded by Mr.Hoffman,the Commis-
sion voted to grant Final Approval to the plat file.So ordered.
LuRose Estates:
The Commission,at the request of the Chairman,voted on a motion
by Mr.Morrison and seconded by Mr.Hoffman,to consider the plat
submitted for LuRose Estates as relates to the establishment of a
centerline for a road or a beltway around Hagerstown in the Para-
mount area.The Chairman stated that this would be the proper
step to take to avoid tremendous costs to our taxpayers in the
future,if and when such a facility should become necessary.
Following discussion of the proposed corridors,and viewing a map
prepared by the County Engineer on which the corridors were
delineated,the Commission resolved,on a motion by Mr.Dorsey
and seconded by Mr.Morrison,to request,under the provisions of
the Subdivision Ordinance,the necessary monies from the legisla-
tive body to do the survey to establish a centerline for this
particular critical area before the Commission considers a plat
for approval for the reason that this is an area if and when a
road becomes necessary,the only path that it could possibly fol-
low,and also if the State does not want to acquire it,that it
would revert back to the tax rolis through the proper process.
It was also the request of the Commission that the County Engineer
be present when the proposal ispresontod to the legislative body,
with the two-color map uf the area,showing the acreage required
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LuRose Es·tates,Contd.:
for purposes of negotiation.So ordered.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
There is nothing new to add to the status of these studies.
Water/Waste Water Plan:
The Chairman reported that a draft of the Water/Waste Water is
expected to be in hand by July'I,and is proceeding on schedule.
County Municipalities -701 Contract:
There is nothing new to add to the status of this study.
Hi~hway Classifications and Highway Plan:
A workshop meeting for review of the Highway Classifications and
Highway Plan was established for May 29 at 7:00 P.M.
Management Framework Study:
The Commission voted to remove this item of business from the
Commission agenda on a motion by Mr.Sowers and seconded by Mr.
Hoffman.So ordered..
Housing Study:
A workshop for review of the Housing Study is scheduled for Thu~s
day,May 9,at 7:.00 P.M.
Highway Interchange Study:
The preliminary report of the Highway Interchange Study has been
received and public hearing had been scheduled for June 24.
Mass Transit Study:
A consul~ant to prepare the Mass Transit Study was selected by the
County Commissioners on Tuesday,April 29.
NEW BUSINESS:
Natural Environment Report:
Copies of an Environmental Report prepared by the Flanning Direc-
tor were distributed to the Commission for their review.
OTHER BUSINESS:
Plats Approved Under New Administrative Policy:
Simplified Plats:
Tri-State Warehouse,April 17,1974,Robert M.Bushey,April 17,
1974,Daniel Sheedy,April 18,1974,Howard Swain Estate,April
24,1974,Edward Williams,April 24,1974,Norman Earley and Son,
April 24,1974,Daniel Shank,April 25,1974,and Bennie Smith,
May I,1974.
Development:
John T.Chambers (2 Lots),May I,1974,W.Lee Sterling,May 6,
1974,and Clyde Burton Tucker,May 6,1974.
The Chairman reported that the County Commissioners will be hear-
ing the Planning Commission budget request for FY '75 on Tuesday,
May 7,and asked that Commission members be in attendance if pos-
sible.
NEXT MEETING DATE:
The next regular meeting date will be May 20,1974 which is sched-
uled to begin at City Hall at 7:00 P.M.with the Hagerstown
Planning Commission for preliminary discussion of mutual concerns,
returning to the .Court House at 8:30 P.M.to continue with the
regular session of the Commission.
ADJOURNMENT:
'1
Following the
of the press,
motion by Mr.
May 20,1974
regular question and answer period for the benefit
the meeting was adjourned at 10:00 P.M.on a
Dorsey and seconded by Mr.s1wers .So ~r~ered.d
1(/{h/!fdr;(i)2,Cl1/u_JL_
Donald R.Frusb;Chairman
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The regular meeting of the Washington County Planning and Zoning
Gommission was held on Monday,May 20,1974 at 8:30 P.M.follow-
ing a special meeting with the City of Hagerstown.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.
Dorsey,John C.Herbst,Paul W.Hoffman,Charles Morrison,David
W.Sowers and Barbara B.Whitcomb.Staff:Executive Director
BarrY A.Teach,Planning Director Alan R.Musselman,Zoning Direc-
tor Jack S.Hawbaker and Assistant Planners Robert B.Garver and
Ronald L.Shives.Also present were Daris Phillips,member of the
Advisory Board,and Bob Maginnis reporting for the Herald-Mail.
The meeting was called to order at 8:30 P.M.
MINUTES,
On a motion by Mrs.Whitcomb,the Minutes of the meeting of May 6,
la74,were corrected to read under C.B.International,Ccnce;t
Review .....the opinion of the Maryland Department of Transpor-
tation,Bureau of Traffic Safety and the Washington County Resi-
dent Maintenance Engineer,.....The correction to the Minutei
was seconded by Mr.Sowers.So ordered.
There being no further corrections or additions to the Minutes of
Mav 6,the Commission voted to approve them as amended,upon a
motion by Mr.Dorsey and seconded by Mr.Sowers.So ordered.
BILLS AND COMMUNICATIONS,
Letter from Ernest Moore,Re:Subdivision Requirements:
Mr.Ernest M06re appeared before the Commission to request direction
from the Commission as pertains to the transfer of three lots from
approximately 3.8 acres to immediate members of his family and also
in regard to lots abutting on public roads.Two dwellings now
exist on the parcel.
It was also suggested that a written guarantee be given with the
deed that the lots would not be deeded from the immediate members
of the family once so divided,but would revert to the original
parcel.
On a motion by Mr.Herbst and seconded by Mr.DorseY,·Mr.Moore was
instructed to prepare a plat in conformance with the provisions of
tLe Subdivision Ordinance as pertains to Section 107 prior to seek-
ing a variance from the Board of Appeals.
Mr.Dorsey withdrew his second of the motion whon informed that
it did not include the recommendation to request the guarantee
that the lots would not he deeded once divided,but reverted to
the original parcel.Mr.Hoffman then seconded the motion by
Mr.Herbst.The motion carried with Mr.Morrison and Mr.Dorsey
Voting "No".
8
BILLS AND COMMUNICATIONS,CONTD,:
On a motion by Mr.Sowers and seconded by Mr.Morrison,the Com-
mission authorized payment of an invoice in the amount of $593.52
for the Hist6rical"Sites Inventory.So ordered.
The Commission voted to authorize payment of an invoice from the
firm of Nassaux-Hemsley,Inc.in the amount of $8,800.00,repre~
senting 40%of the contract completion of the Water and Waste
Water Plan update.So ordered.
ZONING REGULATIONS:
Donald M.Bowman -Highway Interchange Site Plan:
Mr.Leroy R.Burtner,appearing in behalf of Mr.Bowman,resub-
mitted a plat of the property of Donald M.Bowman which had
previously been denied a permit by the Commission on April 1.
The Commission,noting that the plat does not meet the require-
ments of the previous request in regard to the type of buffer
provided and consideration of the adjoining property owner's sep-
tic field,voted to refer this particular plat back to the staff
for further review in resolving the situation to the satisfaction
of all concerned.The motion was made by Mt.Morrison and sec~
onded by Mr.Dorsey.So ordered.
SUBDIVISION REGULATIONS:
PRELIMINARY PLATS:
June Avenue Heights,Lots 1 and 2:
Upon review of the plat file information,the Commission voted,
on a motion by Mr.Herbst and seconded by Mrs.Whitcomb,to
disapprove the application in accordance with the provisions of
Section 405,paragrap;.12 (8)of the Subdivision Ordinance.So
ordered.
Charles Strother,Section 2 (5 Lots):
On a motion by Mr.Herbst and seconded by Mr.Sowers,the Commis-
sion voted to grant Preliminary Approval to the plat file,noti~g
that all conditions have been met.So ordered."
The Commission voted to grant Final Approv51 to the plat file on
a motion by Mr.Dorsey and seconded by Mr.Sowers.So ordere~.
Countryside Development,Section B (13 Lots)
Upon review of the plat file,noting that it had been previousl~
disapproved and resubmitted,the Commission voted,on a motion by
Mr.Herbst and seconded by Mrs.Whitcomb,to grant Preliminary
Approval and requested that the Final Plat contain the information
as outlined in the County Engineer's memorandum dated May 9,1974.
(Copy attached by reference to the plat file.)So ordered.
Hawkins Glen Subdivision (Smithsburg):
Under the concept review agreement with the Town of Smithsburg,
the staff review and comments from the reviewing agencies were
brought to the attention of the Commission.
On a motion by Mr.Sowers"and seconded by Mr.Dorsey,the Commi~
sion directed the staff review and comments of the reviewing
agencies be furwarded to the Town of Smithsburg Planning Commis~
sion and the Mayor and Council of Smithsburg for their information
relative to the Hawkins Glen Subdivision.So ordered.
Request from the Floor:
Mr.Carl Rosenberry requested that the Commission give Prelimi-
nary Plat consideration to LuRose Estates under the hardship
section of the Subdivision Regulations,stating that undue delay
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PRELIMINARY PLATS,CONTD.:
Request from the Floor,Contd.:
had been caused because agency review had not been recieved prior
to the agenda deadline,and Commission recommendations to the
County Commissioners in regard to centerline studies.
The Chairman pointed out that the Commission has a standing policy
in regard to placing plats on the Commission agenda by noon on the
Friday previous to meetings so that the Commission members can
have time to review plats to be considered.He also stated that
the recommendation to the County Commissibners'would in no way-
conflict with consideration of the plat at such time agency
reviews are complete.
A motion was made by Mr.Herbs t to brin g th e pI at for LuRos e
Estates before the £ommission for Preliminary consideration at
this time.The motion died for lack of a second.
FINAL PLAT:
Leo J.Rocca (Commercial):
('pon review of the plat file and noting that there were no changes
from the Preliminary Plat approval,the Commission voted to grant
final Approval on a motion by Mr.Sowers and seconded by Mr.Dorsey.
So ordered.
PRELIMINARY PLATS:
Benjamin Weller,Lots 2 and 3 (60 Day Limit):
The Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Sowers,to disapprove the plat file because it did not receive
Health Department approval per Section 510 of the Subdivision
Ordinance.'So ordered.
Dehaan Subdivision,Lots I and 2 (60 Day Limit):
Upon review of the plat file,the Commission voted,on a motion
·by Mr.Herbst and seconded by Mr.Sowers,to deny approval because
it did not receive Health Department approval per Section 510 of
the Subdivision Regulations.So ordered.
John S.Shank (8 Lots):
Upon review of the plat file,the Commission voted,on a motion by
Mr.Herbst and seconded by Mr.Dorsey,to grant Preliminary
Approval and asked that the Final Plat cODtain and final approval be
contingent upon the following:
1.Minimum setback line back of the dispo~alareas on Lots 2-4.
2.Compliance with the County Engineer's memorandum of May 2,
1974,concerning construction of future street connections.
(By reference to the plat file.)So ordered.
FINAL PLAT:
Woburn Estates,Section 4 (7 Lots):
On a motion by Mr.Sowers and seconded by Mr.Morrison,the Com-
mission voted to grant Final ApprOVal to the plat file.So ordered.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
There is nothing new to add on the status of Flood Plain Studies.
1'he Planning consultants have reviewed the proposal by the County
Engineer.The work element prepared by the County Engineer in
regard to Flood Plain Delineations has been considered by the Com-
mission and a consultant is to be selected.
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OLD AND UNFINISHED BUSINESS,CONTD,:
Flood Plain Studies,Contd.:
On a motion by Mr.Sowers and seconded by Mr.Morrison,the Com-
mission voted to designate Mr.Teach who is a representative to
the County Coordinating Committee to recommend a consultant to
prepare the Flood Plain Delineations.So ordered.
Water/Waste Water Plan:
The'Preliminary draft of the Water/Waste Water Plan is due to be
delivered on July 4.
County Municipalities 701 Contract:
There is nothing new to report on the status of the 701 Contract
in regard to County Municipalities.
Highway Classifications and Highway Plan:
The Chairman stated that the necessary data has been collected
relative to Highway Classifications.A workshop to consider this
material is scheduled for Wednesday,May 29l at 7:00 P.M.
Housing Study:
There is nothing new to add to the status of the Housing Study.
A workshop session will be scheduled to consider these materials
and comments forwarded to the consultant.It was suggested that
the Housing Study be combined with the Highway Classifications
workshop scheduled for Wednesday,May 29.
Highway Interchange Study:
A public HeRring for the Highway Interchange Study is scheduled
for :.June 24.
Mass Transit Study:
There is nothing new to report on the status of the Mass Transit
Study.
Centerline Survey -Hagerstown Beltway:
All information in regard to the Hagerstown Beltway has been
gathered and will be presented to the County Commissioners some
time this week upon the past resolution of the Commission.
Citizen Participation:
Recommendations have been made concerning citizen participatioll
in Commission activities.The Chairman stated that Public Rela-
tions matters will be carried on the agenda,giving persons
wishing to participate a chance to be heard.
NEW BUSINESS:
Preliminary Consultations (Subdivision):
The Chairman stated that it would be helpful to the staff and the
reviewing agencies to make mandatory,the preliminary consulta-
tion as regards subdivision preparation in order to provide
meaningful information n3cessary for subdivision review.This
service,provided by the Commission staff is now optional.
On a motion by Mr.Sowers and seconded by Mr.Morrison,the Com-
mission voted to adopt as policy,mandatory preliminary consulta-
tion for subdivisions consisting of 10 or more lots.So ordered.
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OTHER BUSINESS:,
Field Trip:
The Chairman s.tated that a field trip to view various subdivisions
would be desirable in the near future.Mr.Musselman pointed out
that one in particular should be reviewed which is in an ecologi-
cally sensitive area of the County and has reached the preliminary
stages of development.A field trip was scheduled for Thursday at
6:15 prior to the scheduled workshop meeting.
C.I.P.Meeting Date:
A meeting to review the Capital Improvements Program in open work-
stop session was scheduled for Thursday,May 23 at 7:00 P.M.on a
motion by Mr.Sowers and seconded by Mr.Dorsey.So ordered.
Plats Approved Under Administrative Policy:
Simplified Plats:
Abner Martin,April 8,1974,William Cronin,April 9,1974.
Development:
Earl Stouffer,May 13,1974,Hilda Line,April 13,1974,Arthur
Fouche,April 20,1974,Carson Johnson,April 13,1974,and Hamby
Acres,April 16,1974.
NEXT MEETING DATE:
The next regular meeting of the Planning and Zoning Commission
will be Monday,June 3,1974 at 7:30 P.M.
ADJOURNMENT:
r.n.11o"ll'ng .+1-.0 quec+l'on "n~"n~'·7"""",...r.>....-iod o'lo+ted t'o tho me'nbo~s..v........~'....~.................;0...........................1"'...........~...............•'-'.....--...
of the press,the Commission voted ~o adjourn the meeting at
10:25 P.M.on a motion by Mr.Sowers and ~,econded by MrrDorse y .
"d d I '1 C'\J!,,,0 or ere .-4Jf!..~aftJt (}<./r~v&cJ(_.
Donald ,R.Frush.,Chairman
May 20,1974
A joint meeting of the City of Hagerstown Planning and Zoning Com-
mission and the Washington County Planning and Zoning Commission
took place at City Hall on May 20,1974 at 7:00 P.M.
Present were:Washington County Planning and Zoning Commission
members and staff as follows:Donald R.Frush,Chairman,William
E.Dorsey,Vice-Chairman,John C.Herbst,Paul W.Hoffman,Charles
Morrison,David W.Sowers,Barbara B.Whitcomb,Barry A.Teach
Executive Director,Planning Director Alan·R.Musselman,Zoning
Director Jack S.Hawbaker,and Robert B.Garver and Ronald L.
Shives Assistant Planners.
Hagerstown Planning and Zoning Commission members and staff:
Chairman Robert Dean and Dennis Miller Vice-Chairman,Director of
Development Richard Schaub and Planner Fred Papa.
Also present were:James E.Nelson,Department of State Planning,
Daris Phillips Advisory Board member and Carroll Watts reporting
for the Herald Mail.
After an introduction of all present,Chairman Frush stated the
need for closer coordination and cooperation between the two
planning agencies,particularly in light of current City planning
activities.Items discussed to b~so reviewed jointly included:
Joint Subdivision and Zoning Review
Joint Meetings
Comprehensive Plan
Water and Sewer CDordination
Mass Transi t
Housing
Highway Interchanges
Joint Overall Program Design
Consolidation of Commissions
11
/(lgy,&LJi !}),(fJ1U,)l-
6ii'nlild R:Frush';Chairmal'
12
All members of both Commissions stated their accord with joint
discussion and action on the items,and requested their respective
staff to schedule meetings for this purpose.
The meeting adjourned at 8:10 P.M.,after which the Washington
County Commissibn returned to the Court House for its regularly
scheduled meeting.
Donald R.Frush~tii.airman
/1ay 23,1974
A s~ecial meeting of the Washington County Planning and Zoning
Commission was held on Thursday,May"23,1974 at 7:30 P.M.in the
Conference Room of the Court House Annex.
Present were:Chairman Donald R.Rrush,Vice-Chairman William E.
Dorsey,John C.Herbst,Paul W.Hoffman,Charles Morrison,David W.
Sowers,Executive Director Barry A.Teach,Planning Director Alan
R.Musselman,Zoning Director Jack S.Hawbaker and Assistant Plan-
ners Robert 8."Garver and Ronald L.Shives.Not present:Barbara
B.Whitcomb.
The Chairman called the meeting to order with the stat"ement that "an
agenda had been prepared and the press noti£ied of the special ses-
sion in conformance with Commission policy.
The agenda item for discussion and action is in reference to the
request made by the Commission to see what legal steps are neces-
sary in relation to the issuance of a permit as a result of the
Circuit Court case recently issued in regard to Two-Ton,Incorporated,
better known as Burger King at the intersection of Northern Avenue
and Rout~11.A copy of Judge Ottinger's .decision which overiuined
the Board of Appeals action and ordered this Commi~sion to issue a
zoning permit,is hereby made a part of the Minutes of this meeting
by reference.(No.1802 Miscellaneous Docket).
The Chairman stated that he,the Executive Director and the Zoning
Director had met with legal counsel on May 22,and legal counsel
stated that process could be established whereby the Commission and
parties in agreement ~ith the Commission could appeal this case.
The letter dated May 23,1974 from legal counsel does not recommerid
that legal step.The Chairman requested that the Commission act as
a result of the recommendation to the Commission by legal counsel.
(Herein made a part by reference).
The Commission voted to authorize the attorney for the Commission
to take the appropriate steps for obtaining review of Circuit Court
action and declaratory relief of this latest decision and at the
same time,requested that legal counsel follow through for the Com-
mission on his recommendation in regard to the Board of Appeals.
The motion was introduced by Mr.Sowers and seconded by Mr.Hoffman,
with Mr.Herbst voting "No".So ordered.
There being no further business on the agenda for the special meeting,
the Commission voted to adjourn on a motion by Mr.Dorsey and seconded
by Mr.Sowers,and convened in open workshop discussion of the Capital
Improvements Program.So ordered.
June 3,1974
The regular meeting of the Washington County Planning and Zoning
Commission was held Monday,June 3,1974,at 7:30 P.M.in the
second floor conference room of the Court House Annex.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.
Dorsey,John C.Herbst,Paul W.Hoffman,Charles Morrison,David
W.Sowers,Barbara B.Whitcomb,Planning Director Alan R.Mllssei-
man,Executive Director 8arry A.Teach,Zoning Director Jack S.
Hawbaker and Assistant Planners Robert B.Garver and Ronald L.
Shives.Phil Ebersole reporting for the Herald-Mail.
The meeting was called to order at 7:30 P.M.
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MINUTES,
On a motion by Mr.Herbst and seconded by Mrs.Whitcomb,the Com-
mission voted to approve the Minutes of the regular meeting of
May 20,1974 as presented.So ordered.
The Commission voted to approve the Minutes of the Special meeting
on May 23,1974,as written,on a motion by Mr.Morrison and
seconded by Mr.Dorsey.So ordered.
BILLS AND COMMUNICATIONS:
An invoice from the consultant for the Historic Sites Survey in
the amount of $540.65 was authorized for payment on a motion by
Mr.Dorsey and seconded by Mr.Morrison.So ordered.
Letter from Richard Lohman,Re:June Avenue Heights:
Mr.Richard Lohman appeared before the Commission in reference to
road access to June Avenue Heights which had been previously con-
sidered by the Commission on May 20,and disapproved in accordance
with the provisions of Section 405,paragraph l2(B)of the Sub-
division Ordinance.Mr.Lohman contended that the road existed
for purposes of a farm lane and asked direction from the Commis-
sion pertaining to a revised plat of the two lots he proposes to
convey.
Noting that the definition of a farm is not clearly defined as
pertains to the Subdivision Ordinance,the Commission voted,on
a motion by Mr.Dorsey and seconded by Mr.Herbst,to direct Mr.
Lohman to submit a plat to the Planning and Zoning Commission in
the regular manner for processing to agencies for review.So
o~dered.
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mrs.Whitcomb,to instruct the staff to prepare the necessary
wording to clarify the definition of a farm as pertains to the
Washington County Subdivision Regulation~for Commission review
and recommendations to the County Commissioners.So ordered.
13
Letter from Secretary Vladimir Wahbe,Re:701 Funds:
A le:tot,er was read by the Chairman dated May 24,1974 from Sec-
retary Wahbe,Maryland Department of State Planning in regard to
the $19,350.00 of federal funding assistance for the 1974-1975
planning program.
SUBDIVISION REGULATIONS,
PRELDIJ.INARY PL.l\.TS:
Onduline,U.S.A.(Industrial):
Upon review .of the plat file information for Onduline,U.S.A.,an
industrial development for recycling of products for roofing
materials which is located in the industrial park area,and noting
that all agency approvals had been received,a motion was made by
Mr.Sowers and seconded by Mr.Herbst,to grant Preliminary
Approval.
Mr.Arthur G.Arnold,Jr.,owner of a property located diagonally
from the platted development under consideration,requested
audience'with the Commission to express opposition to the proposed
industrial site because of odor and other pollutants,and inquired
if the State Environmental Service had granted their approval.
When informed that subdivision development plat review was nota
requirement as relates to this agency,Mr.Arnold asked what
action has been finalized on this subdivision plat,and was
advised tllat any aggrieved party could ap~eal to the County Com-
missioners.
The motion to grant Preliminary Approval carried with Mr.Morrison
and Mrs.'Whi tcomb voting "No".So ordered.
Noting that the plat was prepared in final form,and that the
motion to grant Preliminary Approval had received four affirma-
tive votes by the Commission as required,a motion was made by
Mr.Herbst and seconded by Mr.Sowers to grant Final Approval to
the plat file.The motion carried with Mr.Morrison voting "No".
So ordexed.
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LURose Estates (8 Lots):
In reviewing previous Commission action in regard to requesting
tho elected officials to consider monies for the purpose of con-
ducting centerline surveys relative to the Beltway,the Chairman
stated that the Com'aissioll lIas functioned as required under tho
provisions of the Subdivision Ordinance,Zoning Ordinance,and
under the provisions of Article 66(B),and requested that the
Commission consider the plat file information in hand.
The Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Dorsey,to grant Preliminary Approval to the plat file and
asked that the Final Plat submitted for consideration contain the
information listed in the Coun~y Engineer's memo dated May 20,
1974,a copy 6f which is attached by reference to the plat file.
So ordered.
Antietam Manor (21 Lots)(60 Day Limit):
Upon review of the plat fi;e,the Commission voted,on a motion by
Mr.Herbst and seconded by Mr.Sowers,to disapprove the applica-
tion because it did not rec~ive Health Department approval per
Section 510 of the Subdivision Ordinance.So ordered.
Ronald Keyton (60 Day Limit):
The Commission voted,on a motion by Mr.Sow~rs and seconded by
Mr.Hoffman,to disapprove the plat file because it did not
receive Health Department Approval in accordance with the pro-
visions of Section 510 of the Subdivision Ordinance.So ordered.
Gothard Sekula (60 Day Limit):
On amotion by Mr.Sowers and seconded by Mrs.Whitcomb,the C6n-
mission voted to disapprove the plat file because it did not
receive H~a!th DepBrtmentApproval in accordance with the provi-
S~OjlS of Sec'tiuli 510 of tIle Subdivision Ordinance.So ordered.
Robinwood Mews Community (188 Units):
Upon re~iew of the plat file information,the Commission voted~.on
a motion by Mr.Herbst and seconded by Mr.Hoffman,to grant Pr~
liminary Approval,requesting that the Final Plat contain the
follo~ing statement.The streets platted hereon are private
and shall be maintained by the property owner and/or his assigns
through protective covenants.Said covenants shall be properly
prepared,legally sound,incorporated in the plat,and approved
by the Washington County Planning and Zoning Commission.This
plat therefore,shall release,discharge and absolve Washington
County,Maryland,from all responsibility with regard to any
maintenance of the private streets and rights-of-way so.estab-
Ii shed.So ordered.
Isaac Norris (2 Lots)
The Commission voted,On a motion by Mr.Dorsey and seconded by Mr.
Morrison,to grant Preliminary Approval to the plat file and stated
that the Final Plat shall include the f6110wing:
1.Required notation for reservations for rights-of-way for
future road widening.
2.The power line that bisects Parcel "B"is to be shown On the
plat due to the fact that the power line splits the lot gen-
eraily into halves.
3.Zoning for the tract is "C"Conservation,and should be so
designated On the tract.
So ordered.
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FINAL PLAT:
Countryside,Section B (13 Lots):
Upon review of the plat file information,the Commission voted,
on a motion by Mr.Dorsey and seconded by Mr.Sowers,to grant·
Final Approval,with the statement that the tracing to be pre-
sented for Commission signature should be revised as follows:
The note restricting basements on Lots 1,2,3,5,6 and 40,
should include .•..."01'below grade living space".The statement
should also be included in Restrictions and Conditions'on page 2
of the final plat.So o~dered.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
'l'here is no new report on the status of Flood Plain Studies.
Water and Waste Water Plan:
There has been no change to the preliminary draft of the Water
and Waste Water Plan which is scheduled to be delivered on July 1.
County Municipalities -701 Contract:
There is nothing new to report on the status of the County Munici-
palities contract.
Highway Classifications'Study:
Housing Study:
Highway Interchange Study:
There is nothing new to report on the status of the above refer-
enced studies.
Mass Transit Study:
,~:
The Chairman stated that a meeting is scheduled with the Executive
Director for the purpose of drawing up the contract for the Mass
Tnl.w;itS t udy .
Centerline Survey -Hagerstown Beltway:
The Commission voted,on a motion by Mr.Morrison and seconded by
Mr.Dorsey to delete the Centerline Survey from the Commission
agenda.So ordered.
Citizen Participation:
There is no report for Citizen Participation related activities.
NEW BUSINESS:
The Chairman requested that an all day meeting be scheduled in the
near fut~re to consider numerous items of business for Commission
tonsideration prior to presentation to the public and the legisla-
tive body.
The Commission agreed to establish Monday,June 10 at 9:00 A.M.
for an all-day workshop session in the second floor conference
room.
OTHER BUSINESS:
Evening Hours:
Upon the recommendation of the Executive Director that the evening
hours established by the Commission as a public service were not
justifiable,because of lack of people taking advantage of the
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OTHER BUSINESS,CONTD.:
Evening Hours,Contd.:
evening houi~,~he Commission voted,on a motion by Mr.Sowers
and seconded by Mr.Morrison,to discontinue the policy until such
time that this service is requested by the public.So ordered.
Plats Approved Under Administrative Policy:
Simplified Plats:
Austin Rohrer,May 23,1974,Charles Eby,May 24,1974,and Shupp-
Seibert,May 28,1974.
Development Plats:
Charles Tabler,Parcel A,May 22,1974,Robert Carr,Lot 1,May
23,1974,and Robert Eaton,May 31,1974.
NEXT MEETING DATE:
The next regular meeting of the Planning and Zoning Commission
will be Monday,June 17,with an all-day workshop meeting sched-
uled for Monday,June 10,beginning at 9:00'A.M.
ADJOURNMENT:
There being no further business,the Commission voted to adjourn
at 8:55 P.M.on a motion by Mr.Herbst and seconded b~Mr.Dorsey:
So ordered.An Executive Session fOllOWed-
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onald R.'Frush.,Chairman
June 10,1974
A special meeting of the Washington County Planning and Zoning Com-
missionwas held on Wednesday,June 10,1974,beginning at 9:00 A.M.
in the ~onference room of the second floor,Court House Annex.
Present were:Chairman Donald R.Frush,Paul W.Hoffman,Charles
Morrison,David W.Sowers,Barbara B.Whitcomb,Barry A.Teach Exec-
utive Director,Alan R.Musselman Planning Director and Jack S.:law-
baker Zoning Administrator.Not present:Vice-Chairman William E.
Dorsey and John C.Herbst.
The meeting was called to order at 9:15 A.M.
Board of Education:
Following a status report in regard to the Hickory Elementary Scllool
and a thorough discussion a motion was made by Mr.Sowers and seconded
by Mrs.Whitcomb,to inform the Executive Director that the Commission
will consider the plat after all agency reviews are in hand and the
terms of the various ordinances are met.It was also noted by the
Executive Director that previous action of the Commission had directed
that a letter be sent to the State inter-agency committee responsible
for funding and approving school construction requesting that all
future school sites in the County be sent to the Commission for review.
So ordered.'
Litigation:
The Zonipg Administrator reported to the Commission on the status of
a total of 12 cases which have been referred to legal counsel in the
past months.Clark's Repair Garage,Downsville Motors,Smith's 'Repair
Garage,Auto Salvage and Sales,American Auto Sales are all non-con-
forming uses,all of which are in the process of complying with the
requirements with the exception of A~erican Auto Sales.
Western Maryland Garage,is in the process of haVing the suit pre-
pared,Hubert Stine,has been referred to the Board of Appeals,
Floris Kni~lt and Cunningham are in the process of litigation,
Clifford Himes,because of a technicality,is being heard by the Boa~d
of Appeals.
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Litigation,Contd .•
The Commission,at this particular time,discussed a possible conflict
of requirements as pertains to skirting of mobile homes,by the
Building Code an'd the Zoning Ordinance.It was agreed that the
requirements of the Zoning Ordinance should make reference to the
building code as regards materials used for skirting of mobile homes.
Edna Cave-Pizza Hut,the attorney for the Planning Commission has
requested that this case be dismissed,on the grounds that the appli-
cant has not exhausted his lower level remedies.The Judge has
continued the case,with the understanding that the applicant would
resubmit the plat.It is to be clearly understood by all parties
concerned that the applicant has not pursued all remedial measures
open to him prior to seeking court action.
Two-Ton,Inc.Mr.Robinson,on behalf of an appellent,has filed a
motion to strike the judgement against the Board of Appeals,citing
Court cases in Maryland which say in essence that the Circuit Court
does not have the authority or jurisdiction to surplant its own
reasoning for that of the Board of Appeals,assuming that the Board
has listed reasons for denying a particular appeal.The attorney
contends that the Court ruled in error and therefore,the Commission
cannot be compealed to issue a permit.
Zoning Text Amendments:
The Chairman brought to the attention of the Commission,the necessity
for several text amendments to the Zoning Ordinance,and requested
that a date for public hearing be established.
On a motion by Mrs.Whitcomb and sec,onded by Mr.Morrison,the Com-
mission voted to establish the third Monday in July,July 15,as the
date for public hearing on zoning text amendments.So ordered.
After further discussion relative to time element involved in the
staff review of amendments,particularly as pertains to regulations
set forth by State agencies,cross referencing,and consideration by
the Commission,the former motion to establish the date as the third
Monday was recinded and the "Commission voted,on a motion by Mrs.
Whitcomb and seconded by Mr.Morrison,to set the public hearing
date for the fifth Monday,July 29,1974.So ordered.
The Chairman requested that the Executive Director prepare a news
release to the public relative to the text amendments to be considered
and also specifically requested recommendations from the Advisory
Board for any zoning amendments.
Housing Study:
'The Chairman expressed concern that data was'being gathered in pre-
paration of the Housing Study which would prove to be unrealistic.
It 'was suggested that the Consultant be asked to reevaluate the
material before going further.
In consideration of comments by the staff and Commission members
during discussion,it was agreed by the Commission,on a motion by Mr.
Sowers and seconded by Mr.Hoffman,that the staff meet with an
officer of the consulting firm,pointing out the need to analyze all
the available data in regard to the scope of services under the terms
of the contract for preparation of the Housing Study,and report back
to the Commission at the earliest practical date.So ordered.
Capital Improvements Program:
Following an explanation by the Planning Director and discussion by
the Commission regarding changes in priority and inclusion of addi-
tional items into the ncar final 7eport of the 6 Year Capital
Improvement Program,the Commission voted,ona motion by Mrs.
Whitcomb and seconded by Mr.Sowers,to recommend the addition of ,a
note on each sheet where State and Federal grants are available,that
these priori.ties be followed through,once adopted by the legislative
"body,and to recommend that a person be designated for the securing
of sueh funds.So ordered.
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Capital Improvements Program,Contd.:
On a motion by Mr.Morrison and seconded by Mr.Hoffman,th~Commis-
sion voted to add an eighth item under Water and Sewer Facilities
Regional Sewe~age Treatment Plant,as the Plan describes.So ordered.
Also,under Office Space,the Commission voted,on a motion by Mrs.
Whitcomb,and seconded by Mr.Sowers,to include parking space for
County employees under item 1.So ordered.
The Commisison voted,on a motion by Mr.Morrison and seconded by Mr.
Sowers,to adopt the Capital Improvement Program,with amendments,and
forward same with a covering letter to the County Commissioners on
next Tuesday,at which time an audience with them will be requested.
So ordered.
Highway Classifications:
After a thorough discussion relative to alternate proposals for align-
ment of the Beltway system,the Commission voted,on a motion by Mr.
Sowers and seconded by Mrs.Whitcomb,to eliminate the propos~d outer
beltway alignment and recommend the intra beltway alignment proposal
to be included in the Highway Plan.So ordered.
The Commission voted,on a motion by Mrs.Whitcomb and seconded by
Mr.Sowers,to delete the proposed alternatives of ultimate highway,
design column from the recommendation to the legislative body regarding
highway classifications.So ordered.'
The following written comments in addition to the transcript of the
public hearing on the Highway Plan were considered:
Advisory Board to the Planning Commission ,at their meeting of Jah-
uary 28,1974,Harold B.Nunamaker dated February 14,1974,Allegany
County Planning and Zoning Commission,dated February 14,1974,Morgan
County Planner,dated February 12,1974,Charles M.Cronauer,dated
February 5,1974,County Engineer,dated March 12,1974,Seibert,
Whitesell Rnd Campbell,dated March 22,1974,FrederickC0unty Plan-
ning and Zoning Cnmmission,dated March 22,1974,J.H.Seibert,
dated March 22,1974,Vladimir A.Wahbe,Department of State Planning,
dated April 1,1974,State Highway Administration,dated March 8,1974.
After a thorough review of all letters,and material presented,the
Commission made corrections to the proposed Highway Classifications
and Highway Plan Map,and adopted same to be presented to the County
Commissioners along with the chart utilized to establish these elas"
sifications,at their public meeting Tuesday.Motion was made hy
Mr.Sowers and seconded by Mr.Morrison.So ordered.
As pertains to printing of the Highway Plan and Classifications,the
Commission voted,on a motion by Mr.Sowers and seconded by Mrs.
Whitcomb,to submit the information,with one color map and 7 copies
without undue expense,to the County Commissioners as soon as pos-
sible.So ordered.
Mass Transit Study:
Following discussion of the scope of services relative to the Mass
Transit Study,the Commission agreed that a review of the draft of
the total contract agreement was necessary before proceeding further.
Draftsman:
The Commission voted,on a motion by Mr.Morrison and seconded by
Mr.Sowers,to hire a draftsman at a salary of $6,800.So ordered.
Workshop Session:
At the request of the Chairman,the Commission agreed to establish a
workshop session be scheduled for Tuesday,June 18,1974,for consid-
eration of the remaining agenda items.The workshop session was
adjourned.A_i ",,1
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June 17,1974
The regular meeting of the Washington County Planning and Zoning
Commission was held Monday,June 17,1974 at 7:30 P.M.in the
Conference Room of the Court House Annex.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.
Dorsey,John C.Herbst,Paul W.Hoffman,Charles Morrison,David
W.Sowers,Barbara B.Whitcomb,Executive Director Barry A.Teach,
Planning Director Alan R.Musselman,Zoning Director Jack S.Haw-
baker and Assistant Planner Ronald L.Shives.
The meeting was called to order at 7:30 P.M.
The Commission voted,on a motion by Mr.Dorsey and seconded by
.Mr.Sowers,to add to the Commission agenda,a final plat for
Isaac W.Norris and two invoices from Urban Research and Develop-
ment Corporation in the amounts of $1,660.00 and $4,631.00 for .
their consideration.So ordered.
On a motion by Mr.Sowers and seconded by Mr.Dorsey,the Commis-
sion voted to approve for payment,invoices for the Historical
Sites Survey in the amount of $448.48 and from the legal depart-
ment in the amounts of $305.00 and $262.00.So ordered.
The Chairman stated that the invoice for legal fees in the amount
of $714.00 had been withdrawn for consideration at this time in
order that it could be amended to show fees payable to date for
purposes of closing out the fiscal year budget.
Letter from Donald Jacobs,Re:Subdivision Regulations:
A letter was read by the Chairman from Donald M.Jacobs,dated
June 13,1974,relative to the proposed subdivision of approxi-
mately 5 acres from his property on Fairview Road.
The Commission voted,.on a motion by Mr.Sowers and seconded by
Mr.Dorsey,to inform Mr.Jacobs of the provisions of the Subdi-
vision Ordinance as pertains to Section 405,paragraph l3(B)
relative to private rights-of-way.The motion carried with Mr.
Herbst voting "No".So ordered.
ZONING REGULATIONS:
Bowman Trucking -Site Plan (HI):
Mr.Donald M.Bowman and his representative,Mr.Leroy Burtner
appeared before the Commission submitting a revised site plan of
the proposed truck parking area,which had previously been denied
a zoning permit by the Commission and referred back to the staff
to resolve objections by adjoining property owners in regard to
noise and other potential pollutants.
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ZONING REGULATIONS,Contdo:
Bowman Trucking,Contd.:
The Chairman explained the present purpose of the Zoning Ordinance
as relates to the Highway Interchange District and invited comments
from the Commission and public in attendance.
After discussion in regard to the contacting of the State of Mary-
land Environmental Services agency,and the length and frequency
of the operation of trucks at the proposed terminal,the Commission
requested a recess on a motion by Mr.Hoffman and seconded by Mr.
Dorsey.So ordered.
Following an 18 minute recess,the Commission reconvened.The
Chairman inquired if any further comment from the floor was desired •
•
Mr.Peabody,owner of the third and fourth properties from the Ibt
in question,stated that his deed contained a 15'right-of-way for
an alleyway,which if opened,would pass through the Bowman lot.
The Chairman-pointed out that there were many paper rights-of-way
in the County.The Zoning Director stated that he had checked
with the County right-of-way agent who was unaware of the proposed
right-of~way.Mr.Hawbaker also pointed out that at th~time the
first application had been disapproved,the owneT~attorney had fiied
with the Board of Appeals charging administrative error.A post~
·ponement was requested and granted until June 19,with the
understanding that if not resolved,the Board of Appeals then would
hear the case as filed.
The Commission voted that a 40'setback line for the trucking
operation be required from any part of the property line and that
the legality of the 15'right-of-way for the alleyway be resolved
prior to the is~uance ..9taI))'~e):'mit'..y'Eh.e motion \'Iasinpoduced by
Mr.Herbs tan d'$:e0()nd¢'(r':by~lr'~,:I'I0ff:m:'ail,~':,_The,"Jno>~c+'91',1',-:lnc,ltl(;1es the"
landscaping of the property as required by the Commission .Unani-
mously approved.The Chairman pointed out that if revision of
parking requirements requires a new site plan,that such would
have to be resubmitted to the Zoning Director for approval,and will
not come again before this Commission.
SUBDIVISION REGULATIONS:
PRELIMINARY PLATS:
Allegheny Power Service:
Mr.William E.Wolford,Potomac Edison representative,appeared
before the Commission to present proposal for a sub-station for
Allegheny Power Service,which is provided access by an existing
farm lane.
On a motion by Mr.Dorsey and seconded by Mr.Sowers,the Commis-
sion voted to grant Preliminary Approval to the proposal for the
construction of a sub-station only,and in no way constitutes
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PRELIMINARY PLNrS,CONTD.:
Allegheny Power Service:
approval of the line routing.The motion carried with Mr.Morrison
abs):aining.So ordered.
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.
Hoffman,to grant Final Approval to the ipplication fQr the subdi-
vision for a sub-station only.The motion carried with Mr.Mor-
rison abstaining.So ordered.
MINUTES,
The Commission voted to approve the Minutes of the meeting of June
3,1974 as presented,on a motion by Mr;Sowers and seconded by
Mrs.Whitcomb.So ordered.
Urban Research and Development Invoices:
On a motion by Mr.Dorsey and seconded by Mr.Sowers,the Commis-
sion voted to approve for payment,two invoices from Urban Research
and Development Corporation in the amounts of $4,631,and $1,660.
So ordered.
PRELIMINARY PLATS:
Hickory Elementary School:
Following discussion in regard to previous disapproval of the plat
file because of lack of Health Department Approval due to manner
in which type of water service was to be provided,and discussion
pertaining to other aspects of the development based upon obser-
vations by Commission members and information supplied in the plat
file'!a,motLonw[Js,made by Nr.Herbst,and,seconded by Nee.Sowers
to disapprove the plat file.
After further discussion pertaining to the issuance of a temporary
grading permit,Mr.Herbst withdrew his,former motion and motioned
to grant Preliminary Approval with the following stipUlations:
1.Final plat file shall provide informatio~on the impact of
drainage generated by the school on downstream area.
2.It is requested that consideration be given to a secondary
means of access to the school sites.
3.Until Final Approval is received,no additional work under the
terms of the Ordi~ance shall be carried out,other than the
other agency's temporary permit for grading.
The motion was seconded by Mr.Sowers.So ordered.
On a motion by Mr.Dorsey and seconded by Mrs.Whitcomb,the Com-
mission voted to direct the Chairman to prepare a letter to the
State Department of Education,Interschool Agency,calling atten-
tion to the concern of the Commission as pertains to adequate
access to public school facilities.So ordered.
It was also brought to the attention of the Commission by the Chair-
man of the Advisory Board,Mr.William Wolford,that the Board
plans to write a letter to the Interstate Agency Committee,express-
ing the concern of the Board that the expertise of the Planning
staff is not being used to advantage in the process of school plant
planning.
The Chairman requested that Mr.Teach contact that agency to
inquire if the letter already sent to them had been received,which
also requested that site locations for the schools in the County
be reviewed by the Commission.
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PRELIMINARY PLATS,CONTD.,
Antietam Manor (21 Lots)
Upon review of the plat file,the Commission voted,on a motion
by Mr.Herbst and seconded by Mr.Dorsey,to grant Preliminary
Approval and asked that the Final plat include the following:
1.Note restricting below grade basements to living space on
Lots 16 and 17.
2.Developer's signature under special notes relative to central
water supply.
3.Information specified in County Engineer's memo dated April
30,1974.(Copy attached'by reference to the plat file).
So ordered.
FINAL PLATS:
Isaac Norris:
Upon review of the plat file and noting that the requested changes
had been met,the Commission voted,on a motion by Mr.Sowers and
seconded by ~Mr.Herbst,to grant Final Approval.So ordered.
LuRose Estates (8 Lots):
The Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Hoffman,to grant Final Approval to the"plat file.So ordered.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
There is nothing new to report on the status of Flood Plain
Studies.
Water/Waste Water Plan:
The Chairman stated that the draft report of the Water/Waste Water
Plan is due on July 1,and asked that a status report be requested
from the consultant at an early date,the same information to be
sUbmit~ed to the Advisory Board,at the earliest possible date.
County Municipalities-701 Contract:
There is nothing new to report on the status of the County Munic-
ipalities 701 Contract.
Highway Classifications and Highway Plan:
On a motion by Mr.Morrison and seconded by Mr.Dorsey,the Com-
,mission voted to deliver the Highway Classifications and Highway
Plan,along with the map,to the County Commissioners on June 18,
with other documents to be submitted.The criteria chart is to
be delivered as soon as possible,and before the Commissioner's
hearing on the Highway Plan.So ordered.
Housing Study:
The Commission has been notified by the consultant as to the
standing of the Housing Study,and is being prepared as a work-
able document.
Highway Interchange Study:
The Chairman asked the press to keep before the public,notifi-
cation of the public hearing to be conducted on June 24,as
pertains to the Highway Interchange Districts.
Mass Transit Stud~:
The contract arrangements have been forwarded to the State for
their approval,as amended.
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PLD AND UNFINISHED BUSINESS,CONTD.:
Cap~tal Improvement Program:
The Capital improvement Program will be exposed to the legis la-
tive body on June 18,and the Chairman asked that the Commission
members be present if possible.
Citizen Participation:
The Chairman brought to the attention of the Advisory Board
Chairman that the agenda provides for Citizen Participation,and
requested that the time be utilized by members of the Advisory
Board or any other interested citizen on any aspect of the plan-
ning function.He also asked the press to make the general
public aware that this agenda item is available.
Plats Approved Under the Administrative Policy:
Simplified Plats:
Metz-Metz,June 7,1974,Metz-Abbott,June 7,1974,Richard T.
Harris,June 12,1974,Thomas Campbell,June 12,1974 and St.
Andrew's Church,June 12,1974.
Development:
Charles Clopper,Lot 1,June 5,1974,Dehaan Subdivision,June 11,
1974,Daniel Secrest,Lot 5,June 11,1974,and Joseph Howell,
Jun ell,1974.
Complimentary Copy of the Plan for the County:
The Commission voted,on a motion by Mr.Morrison and seconded
by Mr.Sowers,to grant the request for a complimentary copy of
The Plan For The County to Rev.Ronald Reaves.So ordered.
NEXT MEETING DATE:
The next regular meeting of the Commission will be July 1,1974,
at 7:30 P.M.in the second floor conference room of the Court
House Annex.Mr.Herbst invited the Commission members and staff
to visit Misty Meadows Farm on Sunday from 1:00 until 5:00 P.M.
which will be the first day of Farm City Week.
ADJOURNMENT:
Following a discussion with the press,which is customary pro-
cedure as part of the Commission agenda during which Mr.Maginnis
apologized for inaccuracies in a story relative to the Burger
King,the meeting was adjourned on a motion by Mr.Dorsey and
seconded by Mr.Sowers.So ordered.
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Don~ld R.Frush,Chairman
June 18,1974
A special meeting of the Washington County Planning a~d Zoning Com-
mission was held on Tuesday,June 18,·at 9:00 A.M.in the second
floor conference room of the Court House Annex.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.
Dorsey,Paul W.Hoffman,Charles Morrison,David W.Sowers,Barbara
B.Whitcomb,Planning Director Alan R.Musselman and Barry A.Teach
Executive Director.
Staff Priorities and Needs -Bar Chart:
After a discussion of ~ersonnel needs and the items which the Commis-
sion wished to accomplish during Fiscal Year 1975,the Executive
Director was requested to give immediate priority to preparation of a
Bar Chart outlining the work program,to be used in a prosentation to
the County Commissioners on June 25.
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24
Critical Areas -State Requirements:
The Chairman outlined the provisions of recently enacted State Land
Use Legislation,and the activities the Commission would have to
undertake to fulfill these requirements.It was emphasized that this
item must be iiven priority consideration,and decided that c6pies of
the land use legislation should be obtained as soon as possible.
Plan Update:
A discussion was held on the need to update the Plan,in conjunction
with new state requirements including the approach of accomplishing
this task by Planning Sector,with public hearings on the update to
be held in each Sector.The Commission agreed that Sector I,Metro-
politan Hagerstown,would be given top priority.
Highway Interchange Report:
The Commission discussed the critical nature of Highway Interchange
in light of their potential for intensive development.After a
review of the land uses recommended by the consultant for some of the
interchanges,the Commission decided to meet with EDC representatives
to discuss interchange industrial land uses,to defer action on the
report until the June 24th public hearing was completed and the pub-
lic's views fu~ly known,and to then make any necessary revisions or
recommendations to the County Commissioners.
Management Framework Study:
The Commission decided to forward this report to the County Commis-
sioners aild all Mayors and Councils,and to bring to these officials
attention the Commission's actions relative to implementation of the
organizational forms presented-in the report,and to request action
necessary by the elected officials to implement the alternative de-
sired by the elected.The motion was made by Mr.Dorsey and seconded
by Mr.Sowers.So ordered.
Mass Transit Contract:
After a review of a revised scope of work for this study,which incor-
porated comments from the participating agencies,the Commission asked
that the contract and scope of work be sent to the State for approval.
Panhandle.Lots:
Following a discussion of this concept,it was decided to defer action
until such time as highway classifications are adopted and the pre-
paration of Total Development Regulations is begun.
P--I002 Contract:
The Chairman advised the Commission that its request on the Hous-
ibg Study had been fulfilled in writing to assure that th.final
Housing Study .Report would reflect existing conditions and would
be a document that all involved in the housing area could utilize
in a meaningful way.The Chairman also reported that the consultant
had prepared a schedule for completion of'all Town Plans,to be
accomplished by the August 31 deadline.
Zoning Inspector and Draftsman:
The Commission interviewed an applicant for the Draftsman position.
The Commission was also informed that Robert Grahl,Zoning Inspector,
had resigned from employment effective July 1.The Chairman was
requested to direct a letter to Mr.Grahl,thanking him for the ser-
vices he had rendered in an efficient and effective manner.
The Executive Director was requested to advertise that the Draftsman
and Zoning Inspector positions were vacant,and in the meantime
attempt to secure a student or other qualified person to work for
the summer as a draftsman,and to ask the County Commissioners for
their approval for part time help.
The meeting adjourned at 2:20 P.M.after which the Commission was
scheduled to present the Capital Improvement Program to the County
Commissioners.
July 1,1974
The regular meeting of the Washington County Planning and Zoning
Commission was held Monday,July 1,1974,at 7:30 P.M.in the
Conference Room of the Court House Annex.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.
Dorsey,John C.Herbst,Paul W.Hoffman,Charles Morrison,Exec-
utive Director Barry A.Teach and Planning Director Alan R.
Musselman,and Zoning Director Jack S.Hawbaker.
Not present:David W.Sowers and Barbara B.Whitcomb.
The meeting was called to order at 7:30 P.M.
MINUTES:
The Minutes of the regul~r meeting of June 17,1974 were approved
as presented,on a motion by Mr.Dorsey and seconded by Mr.Herbst.
So ordered.
The Minutes of the Special Meeting of June 18,1974,were approved
as presented,on a motion by Mr.Dorsey and seconded by Mr.Hoffman.
So ordered.
~BILLS AND COMMUNICATIONS:
~
~,
~The Commission voted,on a motion by Mr.Morrison and seconded by
~~~r.Dorsey,to approve for payment,an invoice in the amount of
~$640.21 from the Consultant for Historical Sites Survey.So
ordered.
On a motion by Mr.Dorsey and seconded by Mr.Morrison,the Com-
mission approved for payment,an invoice in the amount of $370.00
for legal fees to the attorney for the Planning and Zoning Commis-
sion.So ordered.
Letter from Gerald Cump,Re:Extension of time for South Mountain
Racquet Club:
The Commission voted,on a motion by Mr.llerbst and seconded by
Mr.Dorsey,to grant a 60 day extension of time for consideration
of the South Mountain Racquet Club,per Mr.Cump's request.So
ordered.
SUBDIVISION REGULATIONS:
PRELIMINARY PLAT:
Conserve-It (Industrial)(60 Day Limit),Preliminary.and Final:
Following discussion pertaining to the nature of the operation of
the proposed industrial site to be used for the purpose of metal
recycling,review of the plat file,and unconditional approval by
the County Engineer per telephone conversation to the Executive
Director this date,the Commission voted,on a motion by Mr.Dorsey
and seconded by Mr.Herbst,to grant Preliminary Approval to that
portion of the plat known as Conserve-It.So ordered.
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Herbst,to grant Final Approval to the portion of the plat
known as Conserv~-It,based upon the verbal approval of the County
Engineer and the contents of the plat file information.So ordered.
High.'s Dairy Store,Preliminary and Final:
Upon review of the plat file,the Commission voted,on a motion by
Mr.Herbst and seconded by Mr.Hoffman,to grant Preliminary
Approval and asked that the deed of conveyance contain a statement
relative to one point of access onto Route 64 from this tract,as
the statement appeais on the plat.So ordered.
i)
,.~
26
High's Dairy Store,Contd.:
The Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Dorsey,to grant Final Approval to the plat file,asking that
the deed of conveyance contain the statement relative to one point
of access o~Jo Route 64 from this tract,as the statement appears
on tho plat,and in consideration of the developer's written
agreement to provide drainage measures as required by the County
Engineer.So ordered.
Green View Development (76 Lots)(60 Day Limit):
The Commission voted,on a motion by Mr.Dors~y and seconded by
Mr.Morrison,to disapprove the plat file,because it did not
receive Health Department Approval per Section 510 of the Subdi-
vision Ordinance and County Engineer's approval per Articles IV
and V of the Subdivision Ordinance.So ordered.
Mason-Dixon Lines (Truck Terminal),Preliminary and Final:
The Commissi'on voted,on a motion by Mr.Herbst and seconded by
Mr.Hoffman,to grant P~eliminary Approval to the plat file.S6
ordered.
On a motion by Mr.Dorsey and seconded by Mr.Hoffman,the Commis-
sion voted to grant Final Approval to the plat file.So ordered.
Hubert W.Bowman,Lots land 2 (60 Day Limit)
Upon review of the plat file,the Commission voted,on a motion
by Mr.Dorsey and seconded by Mr.Morrison,to disapprove the plat
application because it did not receive Health Department Approval
per Section 510 of the Subdivision Ordinance.So ordered.
FINAL PLATS:
Hickory Elementarv School:
Following discussion of drainage computations that had been pro-
vided per the Commission's request and also discussion as pertains
to additional access to the school site,the Commission voted,on
a motion by Mr.Dorsey and seconded by Mr.Morrison,to grant
Final Approval stating that the tracing to be presented for Com-
mission Chairman's signature shall contain a statement absolving
the County from any responsibility for damage to any properties
caused by drainage generated by this site,and again requesting
that consideration be given to providing additional means of
ingress and egress from the site.So ordered.
John Shank (8 Lots)(30 Day Limit):
A memorandum was read from Mr.J.H.Seibert in which it was
requested that a 30 day extension from the current expiration date
of this subdivision be granted.
On a motion by Mr.Herbst and seconded by Mr.Dorsey,the C6mmis-
sian voted to grant the 30 day extension of time for Commission
consideration of Preliminary Approval per Mr.Seibert's request
of July 1,1974.So ordered.
Oak Ridge Towne,Section II,(Replat):
On a motion by Mr.Dorsey and seconded by Mr.Herbst,the Commis-
sion voted to grant approval to the replat of Section II of Oak
Ridge Towne which was replatted to show 20'extension of building
lines in compliance ~ith zoning permit provisions.So ordered.
Oak Ridge Towne,Section III,(Replat)
A letter was read from Mr.Gerald Cump in which it was requested
that an extension of time be granted for Commission consideration
of Oak Ridge Towne,Section III.
On a motion by Mr.Herbst and seconded by Mr.Hoffman,the Commis-
sion voted to grant a 60 day extension of time per Mr.Cump's
request.So ordered.
ZONING REGULATIONS:
The Zoning Director reported that the reports and plats relative
to rezoning hearings should be available by the week of the 23rd.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
There is no new report on the status of Flood Plain Studies.
Wa"ter/Waste Water Plan:
The Chairman informed the Commission that copies of the report
were available for their review in the Commission office.
Highway Classifications and Highway Plan:
The Highway Classifications and Highway Plan map are before the
County Commissioners.
Housing Study:
There is no new report on the status of the Housing Study.
Highway Interchange Study:
m
~A meeting with the EDC representatives is scheduled for July 10,
Cl as pertains to the Highway Interchange Study ..:c
~Oapital Improvements Program:
The Capital Improvements Program is before the County Commissioners
for their consideration and action.
Citizens Participation:
There were no requests for participation as pl'ovided for on the
agenda.
OTHER BUSINESS:
Plats Approved Under Administrative P9licy:
Simplified:
Wolfe-Hancbck,June 17,1974,Ridenour-Johnson,June 17,1974,
Hagerstown Limited Pa~tnership-Fulton,June 17,1974,Franklin V.
Kershner,June 20,1974,Craig-Bowers,June 25,1974,J.Maury
Werth,June 25,1974,Roulette Estates,June 27,1974 and Chester
and Mildred Sollenberger,June 28,1974.•
Development:
Golden Fleece Estates,Lot 3,June 20,1974 and Paul B.Shade,
June 20,1974.
Printing -Zoning Amendments:
After discussion in regard to quotations from three firms as per-
tains to the printing ef the zoning amendments to the Ordinance,
the Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Hoffman,to select the firm of Creative Printing who offered
low bid,to print amendments subject to a contract agreement in
regard to time specifications with a performance bond guaranteeing
same and to be executed at such time that the Commission FY'75
budget is in hand.So ordered.
Rezoning Hearing:
On a motion by Mr..Herbst and seconded by Mr.Hoffman,the Chair-
man was asked to arrange for the public hearing scheduled for July
29,to be held in one of the High School auditoriums.So ordered.
Joint Meeting with Hagerstown -Date:
The Chairman stated that a tentative meeting date with the City of
Hagerstown had heen set for July 15,at 7:30 P.M.and asked"that
27
28
Joint Meeting with Hagerstown -Date,Contd.:
an agenda be prepared with speci{ic item's for discussion as relates
to the Plan,Water and Sewer and priority Capital Improvements.
Complimentary Copy of the Zoning Ordinance:
On a motion by Mr.Dorsey and seconded by Mr.Morrison,the Commis-
sion voted to approve the request for a complimentary copy of the
Zoning Ordinance to the Georgia Department of Natural Resources.
So ordered.
On a motion by Mr.Dorsey and seconded by Mr.Morrison,the Commis-
sion voted to supply Mrs.Woodbury of the League of Women Voters,
with complimentary copies of the Plan For The County,Zoning Ordi-
nance,Subdivision Ordinance and Highway Interchange Report.So
ordered.
Invoice -Legal Fees:
On a .motion by Mr.Herbst and seconded by Mr.Dorsey,the Commis-
sion voted to consider an invoice from the legal department which
had been submitted this date in compliance with the request of the
Commission to_close out this year's fiscal budget.So ordered.
On a motion by Mr.Herbst and seconded by Mr.Morrison,the Commis-
sion voted to pay the invoice in the amount of $125.00,representing
legal fees in behalf of the Commission.So o~dered.
It was brought to the attention of the Commission,that the Mary-
land Association of Counties Annual Summer Conference was to take
place in Ocean City on July 25, 26,and 27,and suggested that any
member desirous of attending register at their expense due to sub-
ject matter and due to the fact that tbe Commission's FY'75 budget
is not yet in hand.
NEXT MEETING DATE:.
The next regular weeting of the Planning and Zoning Commission will
be August 5,1974 at 7:30 P ..M.
ADJOURNMENT:
(\.'');',~,)tvv~l So,1I?M~L,
Donald R.Frush,Chairman
The meeting was
and seconded by
August 5,1974
adjourned at 8:50 P.M.on a motion by Mr.Morri~on
Mr.Dorsey.So ordered.
The regular meeting of the Washington County Planning and Zoning
Commission was held on Monday,August 5,1974 at 7:30 P.M.in the
Conference Room of the Court House Annex.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.
Dorsey,John C.Herbst,Charles Morrison,David W.Sowers and
Barbara B.Whitcomb.Staff present:Executive Director Barry A.
Teach,Planning Director Alan R.Musselman,Zoning Director Jack S.
Hawbaker,and Assistant Planner Ronald R.Shives.
Not present:Paul W.Hoffman
The meeting was called to order at 7:30 P.M.
MINUTES:
The Commission voted,on a motion by Mr.Sowers and seconded by Mr.
Morrison,to adopt the minutes of the regular meeting of July 1,
1974,as presented.So ordered.
BILLS AND COMMUNICATIONS:
The Commission voted,on a motion by Mr.Morrison and seconded by
Mrs.Whitcomb,to approve two invoices in the amounts of $538.93
0::.
C":)
C'1::c
~~'
l::J
BILLS AND COMMUNICATIONS,CONTD.:
and $620.74 respectively,for payment to the Consultant for work
completed on lhe Historical Sites Survey.The Commission also
voted to authorize the Chairman and the Executive Director to
review and approve the regular bi-monthly Historical Sites Survey
invoices.So ordered.
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mrs.Whitcomb,to defer payment of $7,700.00 to the firm of Nassaux-
Hemsley,until a meeting is scheduled to'discuss with the conSUltant,
areas of concern as pertains to the Water/Waste Water Plan draft
report.Other subjects requiring Commission consideration will be
added to the agenda for this workshop meeting.~o ordered.
On a motion by Mr.Dorsey and seconded by Mr.Sowers,the Commis-
sion voted to approve for payment,an invoice in the amount of
$405.00 for legal assistance in behalf of the Planning and Zoning
Commission.So ordered.
Letter from Leo Miller,Re:Extension on Fortney Mobile Home Park:
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.
Morrison,to grant the request for a one year extension of time of
the preliminary,approval for Fortney's Mobile Home Park,in accor-
dance with the provisions of Section 314 of the Subdivision Ordi-
nance.This extension will expire on September 18,1975,prior to
which date a final plat must be submitted and considered by the
Commission.So ordered.
Letter from Homer E.Smith,Re:Subdivision Requirements:
A letter was read from Mr.Homer E.Smith,dated July 20,1974,in
which it was requested to divide a parcel of land specifically
located on Tax Map 51,parcel 373,located on the Mt.Lena Road,
on an existing righ,t-of-way,to his daughter.
A motion was made by Mr.Herbst and seconded by Mr.Sowers,that
the applicant be directed to prepare a plat for submission and
approval.
Following discussion of policy as pertains to County C6mmissioners'
decision regarding private rights-of-way,the Chairman asked the
Commission to consider a request to the legislative body asking
them to give additional consideration to immediate members of fam-
ily as relates ~o Section 405,paragraph 12(8),and called for
question on the motion by Mr.Herbst.
2,0~l
The Commission,voting on the motion,
~hat a plat be prepared and submitted
visions of the Subdivision Ordinance.
because such would be in violation of
signified by voting "Aye",
in accordance ~ith the pro-
The Chairman voted "No",
the Ordinance.So ordered.
Letter from J.,H.Seibert,Re:SUbdivision Requirements:
A letter was read from Mr.J.H.Seibert,dated July 17,1974,as
pertains to the subdivisiDn of lots for Mr.Marvin Dougherty to
each of six children,situated on Maryland Route 67 with acess
from a private lane.
The Commission voted,on a motion by Mr.Sowers and seconded b,y Mr.
Dorsey,that the Executive Director appear before the County Com-
missioners in seeking a clarification of the intent of Section
405,paragraph 12(8),of the Subdivision Ordinance as pertains to
immediate members of the family.So ordered.
Letter from Homer Pyles,Re:Subdivision Requirements:
A letter was read from Mr.Homer Pyles,dated July 31,1974,
relative to subdividing a lot off a private lane leading to his
property,more specifically identified as parcel 20,map 52.
f~
".-
30
COMMUNICATIONS,CONTD.:
Letter from"'Homer Pyles,Contd.:
On a motion by Mr.Herbst and seconded by Mr.Sowers,the Commis-
sion determined that Mr.Pyles be advised that he should proceed
with fulfilling the requirements of the Subdivision Ordinance by
preparation and submission of a plat based upon the agricultural
nature of the property,and the provision found in Section 405,
paragraph l2(B).So ordered.
SUBDIVISION REGULATIONS:
Clarence Showalter:
On a motion by Mr.Herbst and seconded by Mr.Morrison,the Com-
mission voted to grant Preliminary Approval to the transfer of
land situated on a farm lane which had been relocated for improve-
ment of site distance,under the provisions of Section 107 of the
Subdivision Ordinance.So ordered.
On a motion ~y Mr.Dorsey and seconded by Mr.Morrison,the Com-
mission voted to grant Final Approval to the application under the
provisions of Section 107 of the Subdivision Ordinance.So ordered.
James Reed:
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.
Sowers,to grant Preliminary Approval to the 1 acre tract,which
was a portion of a previously approved tract consisting of approx-
imately 23 acre's for acquisition purposes,for development under .
Section 107 of the Subdivision Ordinance.
O~a motion by Mr.Dorsey and seconded by Mr.Herbst,the Commis-
sion voted to grant Final Approval to the development of the one
acre lot under the provisions of Section 107 of the Subdivision
Ordinance.So ordered.
FINAL PLAT:
Oak Ridge Towne,Section III:
Upon review of the plat file,and noting that all requests have
been complied with in regard to pedestrian easements and open
space requirements,the Commission voted,on a motion by Mr.Sowers
and seconded by Mrs.Whitcomb,to grant Final Approval.So ordered.
South Mountain Racquet Club,Preliminary Plat:
Upon review of the plat file,and noting that conditions have been
met by letter of August 1,1974,from Mr.Brown,the Commission
voted to grant Preliminary Approval to the 5.65 acre development
on a motion by Mr.Morrison and seconded by Mr.Dorsey.So ordered.
On a motion by Mr.Herbst and seconded by Mr.Dorsey,the Commis-
sion voted to grant Final Approval to the plat file.So ordered.
Larry Fitzpatrick,Re:Bluegrass Estates:
Mr.Fitzpatrick appeared before the Commission to address them in
regard to his recent purchase of a lot in Bluegrass Estates,the
plat for which indicated a right-of-way off of Kelso Drive.U~on
further review,it was indicated that a drainage utility easement
was provided for on Lot 28,which he purchased,to provide for Lot
29,and also to provide for a perpetual driveway for Lot 29.Mr.
Fitzpatrick asked for comment from the Commission,as pertains to
providing a right-of-way to Lot 29.
On a motion by Mr.Dorsey and seconded by Mr.Herbst,the Commis-
sion voted to direct the Executive Director to meet with legal
counsel as to the legality of the plat for Bluegrass Estates with-
out cost to the owner of the lot,and report back to the Commission
FINAL PLATS,CONTD.:
Larry Fitzpatrick,Re:Bluegrass Estates,Contd.:
at the earliest possible date in order that the best interests of
the public might be served.So ordered.
Opeguon II,Section 2 (60 Day Limit)Preliminary Plat:
Upon review of the plat file~the Commission,voted,on a motion
by Mr.Dorsey and seconded by Mr.Sowers,to disapprove the appli-
cation because it did not receive Health Department approval per
Section 510 of the Subdivision Ordinance.
It was also requested that the Health Department be asked to pro-
vide the latest research on how to utilize sub-marginal farm land
for other type human habitation uses.So ordered.
Crow Hollow,Preliminary and Final Approval:
Upon review of the plat file,the Commission voted,on a motion by
Mr.Dorsey and seconded by Mr.Sowers,to grant Preliminary Approval
asking that the tracing presented for Commission signature contain
~a note stating that sewerage disposal systems on each lot will be
~installed prior to actual house construction.So ordered.
~j
1...\2
~On a motion by Mr.Dorsey and seconded by Mr.Sowers,the Commis-
~sion voted to grant Final Approval to the plat file,su~ject to the
above Preliminary Approval conditions in regard to the note on the
final tracing.So ordered.
Melvin Liller (60 Day Limit)prelimin~r¥Approval:
The Commission voted,on a motion by Mr.Herbst 'and seconded by Mr.
Sowers,to disapprove the plat file because it did not receive
Health Department Approval per Section 510 of the Subdivision Ordi-
nance.So ordered.
John Shank,Final Approval:
The Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Dorsey,to grant Final Approval to the plat file.So ordered.
ZONING REGULATIONS:
Skydiving Status Report:
At the request of the County Commissioners that the regulations in
regard to Skydiving be researched,a copy of the Federal regula-
tions Section 105.13,general provisions,·was brought to the atten-
tion of the Commission by the Chairman.It was suggested that Mr.
Hawbaker direct any inquiries to the appropriate headquarters in
Martinsburg as pertains to skydiving regulations,and also bring
this to the attention of the County Commissioners who expressed a
concern as to the zoning procedure.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
The Chairman stated that there was nothing new to report on the
status of Flood Plain Studies.
Water/Waste Water Plan:
The Chairman pointed out that a workshop session to meet with the
consultant as pertains to the Water and Waste Water Plan had
already been established and asked the Commission to consider
setting Monday,August 19 for an all day workshop meeting.The
Commission agreed to meet on this date to consider Highway Clas-
3
32
OLD AND UNFINISHED BUSINESS:
Water/Waste Water Plan,.Contd.:
sifications and Plan criteria,Mass Transit Study,Housing Study
and Highway Interchange Study,along with the meeting with the con-
sultant in regard to the Water and Waste Water Plan.An agenda for
the day's activities will be mailed.
Citizen Participation:
No individual citizens or groups were present requesting participa-
tion.
NEW BUSINESS:
Work Program -Fiscal 1975:
The Executive Director reviewed for the Commission,the charts that
were presented to the County Commissioners relative to the Work
Elements for long-range planning for Fiscal year 1975,and also
current on-going daily activities.
Semi-Annual Current Planning Activity Report:
Assistant Planner Ron Shives presented to the Commission the Semi-
Annual Current Planning Activity Report.He explained that all
approved subdivision~had been listed,broken down by Planning
Sector,Election District and type of use.It can readily be seen
the amount of acres involved and number of developed units.A map,
was also prepared showing the development in the County.No speci-
fic recommendations were to be made at this time,but the criteria
will serve as an on-going monitor of development in the County.
It was pointed out that the highest density of development in the
past six months,was taking place in Sector II,where the Plan For
the County indicates a highi'lay corridor..Also it was pointed out
that this area ~onsists of prime agricultural soils.
Geology-Hydrology Study by Dr.Bruce Martin:
Copies of the Geblogy-Hydrology Study prepared by Dr.Bruce Martin
and provided to the Commission by Dr.Joliet,were distributed for
the information of the Commission.
Following a discussion of the report by Mr.Musselman in which he
stated that the County Commissioners would be asking the Commission
to support the expansion of the study,it was pointed out by the
Chairman that the Executive Director had been asked to prepare a
letter to Dr.Joliet,expressing the Commission's concern in regard
to this type of information.He also stated interest in hearing
from the citizens of the County to submit the aquifers of the State
as a critical area,along with the historical sites,road corridors,
slopes and many other things.
The Chairman also discussed the necessity for pointing out the pro-
visions of the zoning requirements for the information of the
general public as to the process for any type of development in the
County.
On a motion by Mr.Sowers
utive Director and Zoning
necessary information for
ing to inform the public.
and seconded by Mrs.Whitcomb,the Exec-
Director were directed to prepare the
purposes of newpaper and radio advertis-
So ordered.
Appalachian Maryland 'Development Plan:
The Chairman stated that the AMDP,which will ultimately suggest to
the federal authorities whether there is a need for capital improve-
ments within the region,which has been reviewed and revised with
all the towns providing additional data,will be submitted to the
County Commissioners next Tuesday for their consideration and adop-
tion.
CJ:Jcv:
C'1co
f.:-D
<:;l
Appalachian Maryland Development Plan,Contd.:
On a motion by Mr.MOrrison and seconded by Mr.Dorsey,the Com-
mission voted to adopt the comments of members of the Commission
and·staff and all the towns,and authorize the Chairman to trans-
mit the report to the County Commissioners.So ordered.
Planning Graphics System Status Report:
The Planning Director presented the status report for the Planning
Graphics System which is being established for inclusion in the
revision of the land use plan for designation of critical areas.
OTHER BUSINESS'
Plats Approved Under Administrative Policy:
Simplified:
Robert Poffenberger-July 2,1974,Albert F.Smith-July 2,1974,
Liller-Liller-July 5,1974,Richard Wishard-July 5,1974,C.Edwin
Kline-July 5,1974,Edith Kuhn-July 5,1974,James Lane-July 15,
1974,Metz-Beall-July 15,1974,Harry Warrenfeltz-July 16,1974,
Paramount Interiors-JulY 22,1974,Emory McGolenick-July 22,1974,
Sweeney-Spieker-July 30,1974,Hall-Thompson-July 31,1974,and
Margaret Jane Hanes-August 1,1974.
Development:
June Avenue Heights-July 9,1974,Reuben Horst,Lot 2-July 11,1974,
and Gotherd Sekula-July 23,1974.
State Land Use -Public Meeting Date:
The Chairman brought to the attention of the Commission,the public
meeting scheduled for August 19,1974,to be held in the Court House
as pertains to the critical areas of the Land Use Legislation.
NEXT MEETING DATE:
The..next regular meeting of the Planning and Zoning Commission was
scheduled for September 9,on a motion by Mr.Morrison and seconded
by Mr.Sowers.So ordered.
ADJOURNMENT:
The meeting was adjourned at 10:10 followed by an Executive Session
requested by Mr.Hawbaker.
(\./)l'/1 Il/-/!;'..fIt)fi;jcv(c;}(;C /I\~'G'/&I/fA,A:"--
Donald R.Frush,'Chairman
Q ~)'t..,.''-.::&
34
August 12,1974
A workshop ~~eting was held by the Washington County Planning and
Zoning Commission on Monday,August 12,1974 at 9:00 A.M.in the
Conference Room of the Court House Annex.
Present were:Donald R.Frush,Chairman,Charles Morrison,David
W.Sowers,Barbara B.Whitcomb,Barry A.Teach Executive Director
and Alan R.Musselman Planning Director.
Staff Overtime:
On a motion by Mr.Sowers and seconded by Mrs.whitcomb,the Com-
mission agreed to direct a letter to the County Commissioners
requesting overtime compensation for staff,with documentation of
the overtime demand.So ordered.
HIGHWAY CLASSIFICATION CRITERIA:
Recommended classifications for Primary and Secondary roads .were
adopted,based upon criteria previously established by the Com-·
mission and directed to the County Commissioners for their public
hearing on this subject on August 29.The action was taken on a
motion by Mr.Morrison and seconded by Mr.Sowers.So ordered.
MASS TRANSIT STUDY:
"The Executive Director reported that the contract for this study
was being reviewed by officials of the State Department of Trans-
portation,and that work would proceed as soon as the review was
complete and the contract approved by the State.
HOUSING STUDY:
The Executive Director reported that the consultant was proceeding
as previously directed by the Commission with the final report
expected by August 31,1974.
STATE LAND USE:
The Chairman brought to the Commission's attention the public
meeting scheduled for August 19,for the purpose of learning the
public's views on the County's role concerning House Bill 807,
enacted by the 1974 session of the General Assembly.
On a motion by Mr.Morrison,seconded by Mr.Sowers,the Commis-
sion authorized a paid advertisement for this meeting,and
requested that the staff make arrangements for similiar meetings
in each Planning Sector.So ordered.
WATER/WASTE WATER PLAN:
Mr.Richard Schaub and Mr.Milton McGauhey,and employees of the
conSUlting firm Buchart-Horn,representing the City of Hagerstown,
along with Mr.Larry Lahr,of.Nassaux-Hemsley,reviewed progress
on the Water/Waste Water Plan update,and the concerns of the City
and County.
It was the concensus of those in attendance that all involved
should meet as soon as possible to resolve any problem areas,and
proceed with preparation of a preliminary plan to be taken to
public hearing at the earliest possible date.
DRAFTSI1AN INTERVIEWS:
Mrs.Bonnie Lewis was interviewed for the position of Draftsman.
On a motion by Mrs.Whitcomb and seconded by Mr.Morrison,the
Commission decided to offer the position to Mrs.Lewis,within
the salary range of $7,300,and that Mrs.Lewis'request for
being off work the week of Thanksgiving be within County policy
requirements at that time.So ordered.
APPALACHIAN I~RYLAND DEVELOPMENT PLAN (AMPD):
On a motion by Mr.Morrison and seconded by Mr.Sowers,the Com-
mission adopted amendments proposed to the AMDP,and authorized
the Chairman to present same and County and municipal capital
improvements funding requests to the County Commissioners on
August 13,with the request that priorities be established for
all projects listed.
HIGHWAY INTERCHANGE PLAN:
The Commission scheduled a workshop for Thursday,August 22,at
9:00 A.M.to formulate .recommendations to the County Commissioners,
on a motion by Mr.Sowers and seconded by Mrs.Whitcomb.So ordered.
REZONING RECOMI1ENDATIONS:
Rezoning recommendations were also scheduled for August 22,at
which time the public hearing transcript and all other materials
necessary for Commission consideration will be available.
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The workshop adjourned at 2:40 P.M.
August 22,1974
('.~".\i ',I
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Donald R.Frush,Chairman
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A Workshop Meeting was held by the Planning Commission on Thursday,
August 22,1974 at 9:00 A.M.in the Court House Annex.
Present were:Chairman Donald R.Frush,Charles Morrison,David
W.Sowers,Barbara B.Whitcomb,Executive Director Barry A.Teach,
Alan R.Musselman,Planning Director and Jack S.Hawbaker,Zoning
Administrator.
Highway Interchange Land Use Report:
The Chairman reported that a meeting with the Economic Development
Comm~ssion had been held to discuss the Report in accordance with
previous action of the Commission.After a discussion of the most
appropriate means of considering the Report and comments presented
at and after the public hearing,the Commission voted,on a motion
by Mr.Sowers and seconded by Mr.Morrison,to utilize all infor-
mation received relative to the interchanges in the update of the
Plan,which will be done by Planning Sector.·So ordered.
Public Meetings -State Land Use:
As previously agreed by the Commission to conduct public meetings
in each Planning Sector,a schedule of these meetings was approved
on a motion.by Mr.Morrison and seconded by Mr.Sowers.A copy of
the schedule is attached to these Minutes.So orderid.
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Housing Study:
After review of the final draft report,the Commission requested
that the staff contact the consultant and direct that information
previously requested by the Commission be included prior to
acceptance.The action was taken on a motion by Mr.Sowers and
seconded by Mrs.Whitcomb.So ordered.
The meeting was adjourned at 3:00 P.M.~,
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Donald R.
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Frush,Chairman
September 5,1974
The regular meeting of the Washington County Planning and Zoning
Commission was held on Thursday,September 5,1974,at 1:00 P.M.
in the Conference Room of the Court House Annex.
36
Present were:Chairman Donald R.Frush,John C.Herbst,Paul W.
Hoffman,Charles Morrison,Barbara B.Whitcomb,Barry A.Teach,
Executive D,~rector,Alan R.Musselman,Planning Director,and
Robert B.Garver and Ronald R.Shives,Assistant Planners.Not
present:Vice-Chairman William E.Dorsey and David W.Sowers.
The meeting was called to order at 1:30 P.M.
MINUTES:
The Minutes of the regular meeting of August 5,1974 were approved
as corrected on page 3,under Letter from Homer Pyles,to read,
"dated July 31,1974,"on a motion by Mrs.Whitcomb and seconded
by Mr.Morrison.So ordered.
The Minutes of the August 12,workshop meeting were approved as
presented on a motion by Mr.Hoffman and seconded by Mrs.Whitcomb.
So ordered.
The Minutes .of the workshop session of August 22,1974,were
accepted by the Commission on a motion by Mrs.Whitcomb and seconded
by Mr.Morrison,with the deletion of the recommendations made in
regard to zoning applications,which will be acted upon at the
regular meeting of September 5,1974.So ordered.
John C.Frye,Chairman of the Washington County Historical Advisory
Committee,appeared before the Commission in order to bring to their
.attention that the Historical Tours which have been conducted since
last May,have had to be rerouted due to "wall-to-wall"housing
development along the Mapleville Road,'which has taken place since
the tours were begun.Mr.Frye invited the Commission to go along
on one of the tours in order to view the development taking place .
along scenic rural routes of the County.
Mr.Donald K.Wood,Chief of the Halfway Fire Department,appeared
before the Commission as pertains to high-rise development,pointing
out that present equipment for fire fighting is inadequate to handle
present development in certain areas,and that amendment of the zon-
ing text would mean that additional equipment would have to be
acquired.Also discussed was the existing Fire Prevention Code.
The Chairman requested from Mr.Wood,recommendations nrepared by,
the Firechiefs as pertains to the zoning text amendments related to
height regulations,utilizing input from all fire deparment chiefs
as regards the health,safety and welfare of the citizens of the
County.
Mr.Harold E.Winn,Hagerstown Water Conditioning,Inc.,appeared
before the Commission to present information on package wastewater
treatment plants,at the request of the Commission in their quest
to find an alternate solution to individual septic systems,and
extension of trunk sewer lines.
A general discus.sion followed relative to cost of installation of
the system,maintenance,operation,placement,and recommendations
of the State of Maryland Environmental Services.
BILLS AND COMMUNICATIONS:
The Commission voted,on a motion by Mr.Morrison and seconded by
Mrs.Whitcomb,to approve for payment,an invoice in the amount of
$142.50 from Business Services East,which was submitted for tran-
scribing the public hearing held on July 29,1974.So ordered.
The Chairman asked that an invoice from Nassaux-Hemsley for pre-
paration of the draft Water and Waste Water Plan update,be held
for later Commission action.
Letter from J.Russell Robinson,Re:Bluegrass Estates:
A letter was read from Mr.J.Russell Robinson relative to Commis-
sion action at the last meeting as requested by Mr.Larry Fitz-
patrick.In his written opinion,Mr.Robinson stated that no '
adverse action had been taken by the Planning Commission as relates
to Bluegrass Estates and that recourse would be to the developer of
the subdivision.
BILLS AND COMMUNICATIONS,CONTD.:
Town Plans:
On a motion by Mr.Herbst and seconded by Mr.Morrison,the Com-
mission voted to withold payment of an invoice from Urban Research
and·Development Corp.,in the amount of $19,703.00,until written
confirmation of acceptance of all town plans is received from the
individual municipalities,irrespective of contract deadlines.
So ordered.
SUBDIVISION REGULATIONS:
Roxbury Hills,Extension of time for Preliminary Approval:
The Commission voted,on a motion by Mrs.Whitcomb and seconded by
Mr.Herbst,to grant a thirty-day extension of time for considera-
tion of Preliminary Approval for Roxbury Hills,which will expire
on November 2,1974.So ordered.
Opequon II,Section 3 (60 Day Limit),Preliminary Approval:
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No Commission action necessary.Administrative approval granted.
('j)PRELIMINARY PLATS:
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~J Bent Willow Farm,Section A (60 Day Limit),Preliminary Approval:ror..~!
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<;,.:J The Commission voted,on a motion by Mr.Morrison and seconded by
Mr.Herbst,to grant Preliminary Approval to Bent Willow Farm,
Section A,only.So ordered.
Alba L.Mathias (60 Day Limit):
No ,Commission action necessary.Administrative approval granted.
Isaac Norris (60 Day Limit),Preliminary Approval:
On a motion by Mrs.Whitcomb and seconded by Mr.Hoffman,the Com-
mission voted to disapprove the Preliminary Plat file because it
did ~ot meet the requirements of Section 405,paragraph l2(B)of
the Subdivision Ordinance.So ordered.
Glenn L.Eby (60 Day Limit),Preliminary Approval:
The Commission voted,on a motion by Mr.Hoffman and seconded by
Mr.Herbst,to disapprove the plat file because it did not receive
Health Department Appr~val per Section 510 of the Subdivision
Ordinance.So ordered.
Clingan Hills (60 Day Limit),Preliminary Approval:
The Commission voted,on a motion by Mr.Morrison and seconded by
Mrs.Whitcomb,to disapprove the plat file because it did not
receive Health Department Approval per Section 510 of the Subdi-
vision Ordinance.So ordered.
Edna B.Cave (60 Day Limit):
No Commission action necessary.Administrative approval granted.
Harry Martz,Preliminary and Final Approval:
On a motion by Mr.Morrison and seconded by Mr.Herbst,the Com-
mission voted to add a plat for Harry Martz to the agenda for
Commission consideration.So ordered.
The Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Hoffman,to grant Preliminary Approval to the plat file.So
ordered.
Ona motion by Mr.Herbst and seconded by Mr.Hoffman,the Commis-
sion voted to grant Final Approval to the plat file.So ordered.
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ZONING REGULATIONS:
The followinz recommendations were made as pertains to Rezoning
Cases RZ-65 through RZ-88:
RZ-65 -Disapprove,Motion by Mrs.Whitcomb,seconded by Mr.Morrison.
RZ-66 -Approve,Motion by Mr.Morrison,seconded by Mrs.Whitcomb.
RZ-67 -Disapprove,Motion by Mr.Hoffman,seconded by Mrs.Whitcomb.
RZ-68 -Disapprove,Motion by Mr.Morrison,seconded by Mrs.Whitcomb.
RZ-69 -Disapprove,Motion by Mr.Morrison,seconded by Mr.Hoffman.
RZ-70 -Approved,Motion by Mrs.Whitcomb,seconded by Mr.Herbst.
RZ-7l -Approved,Motion by Mr.Morrison,seconded by Mrs.Whitcomb.
Mr.Herbst voted disapproval.
RZ-72 -Approved,Motion by Mrs.Whitcomb,seco~ded by Mr.Morrison.
RZ-73 -Approved,Motion by Mr.Hoffman,seconded by Mr.Morrison.
RZ-74 -Approved,Motion by Mrs.Whitcomb,seconded by Mr.Morri~on.
Mr.Herbst voted disapproval.
RZ-75 -Approved,Motion by Mr.Morrison,seconded by Mr.Herbst.
RZ-76 -Approved as amended.Motion by Mrs.Whitcomb,seconded by
Mr.Morrison.Mr.Herbst voted disapproval.
RZ-77 -Disapproved,Motion by Mr.Morrison,seconded by Mrs.Whit-
comb.
RZ-78 -Apprdved,Motion by Mrs.Whitcomb,seconded by Mr.Morrison.
Mr.Herbst voted disapproval.
RZ-79 -Disapproved,Motion by Mr.Morrison:seconded by Mrs.Whit-
comb.
RZ-80 -Approved,Motion by Mrs.Whitcomb,seconded by Mr.Herbst.
RZ-8l -Disapproved,Motion by Mr.Morrison,seconded by Mr.Hoffman.
RZ-82 -Approved,Motion by Mrs.Whitcomb,seconded by Mr.Hoffman.
RZ-83 -Approved,Motion by Mr.Hoffman,seconded by Mrs.Whitcomb.
RZ-84 -Approved,Motion by Mr.Morrison,seconded by Mr.Hoffman.
RZ-85 -Approved,Motion by Mr.Morrison,seconded by Mrs.Whitcomb.
Mr.Herbst voted disapproval.
RZ-86 -Approved,Motion by Mrs.Whitcomb,seconded by Mr.Morrison.
RZ-87 -Approved,Motion by Mr.Morrison,seconded by Mrs.Whit--
comb.
RZ-88 -Approved,Motion by Mr.Hoffman,seconded bYMrs~-Whitcomb.
Mr.Herbst voted disapproval.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
The Chairman stated there was nothing new to add to the status of
Flood Plain Studies.He requested that the staff contact the Corps
of Engineers to see if there was additional data based upon thiir
surveys that would be helpfUl to the Commission in their studies.
Water and Waste Water Plan:
The Chairman reported that as a result of Commission action of the
previous meeting,a meeting was held with the Consultants,Nassaux
and Hemsley,Inc.,Mr.Musselman,Mr.Teach,Mr.Nunamaker,and
representatives of the City of Hagerstown,and had been informed
that all had agreed to the provisions of the preliminary document
as prepared by the consultants.
Following a discussion by Mr.Musselman and Mr.Teach,in regard
to aspects considered in the development of the document,the Com-
mission voted,on a motion by Mr.Herbst and seconded by Mr.Hoffman,
to proceed with the arrangements for a public hearing which will be
advertised to be held on 'September 26,at 7:00 P.M.at South Hagers-
town High School.So ordered.
County Municipalities -Planning Program:
Previously acted upon by the Commission,
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OLD AND UNFINISHED BUSINESS,CONTD:
Highway Class~fications and Highway Plan:
The Commission voted,on a motion by Mrs.Whitcomb and seconded by
Mr.Morrison,to remove from the agenda,the Highway Classifications
and Highway Plan.So ordered.
Mass Transit St~dy:
Mr.Teach reported that the contract has been executed between the
County and the State,which was the only action required prior to
execution of the contract with the consultant.
Invoice from Nassaux-Hemsley (Water and Sewerage P'lan -$7,700.00)
Based upon previous actio'n of the Commission,the invoice from
Nassaux-Hemsley,Inc.,in the amount of $7,700.00 was approved for
payment on a motion by Mr.Hoffman and seconded by Mr.Morrison.
Housing Study:
The Chairman reported that recommended amendments to the Housing
Study had been received and that copies would be made available
to the Commission and be included on the next agenda.
Highway Interchange Study:
Based upon action taken at previous meetings,the Commission voted,
on·a motion by Mr.Morrison and seconded by Mr.Hoffman,to remove
the Highway Interchange Study from the agenda under Old and Unfin-
ished Business.So ordered.
Citizen Participation:
The Chairman requested the Commission to consider appointing two
additional persons to the Advisory Board to the Planning Commis-
sion with the recommendation that they be accepted by the Board
as .soon as it is determined,that,their 15 active membership is
fulfilled.
On a motion by Mr.Morrison and seconded by Mrs.Whitcomb,the
Commission voted to submit the names of Donald Wood and Robert
Rosenberry to the Advisory Board Chairman for appointment to that
Committee.So ordere.d.
Plat Approved Under Administrative Policy:
Simplified:
Osborn-Kelly -August 14,1974,Lionel Abbott -August 14,1974,
Buelah Everly Estate -August 16,1974,J.Maury Werth -August
;10,1974,Mormon Church -August 20,1974,Granville Easterday -
September 3,1974,P.Lowell Fox -September 3,1974,Warrenfeltz-
Bloyer -September 4,1974,Lane-Roberts -September 4,1974,and
Isaac Norris -September 5,1974.
Development:
John Kirk -August 8,1974,Kenneth Lang -August 20,1974,James
Smith -August 23,1974,Clifton Churchey -September 3.,1974,
James Houser -September 4,1974,Sarah K.Eby -September 5,1974,
Alba Mathias -September 5,1974,and Opequon II,Section 3 -
September 5,1974.
Complimentary Copy of the Zoning Ordinance:
The Commission voted,on a motion by Mrs.Whitcomb and seconded by
Mr.Hoffman,to extend the courtesy of a complimentary copy of the
Zoning Ordinance to the City of Hagerstown,Water Pollution Control
Department,per their request.So ordered.
'20
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OLD AND UNFINISHED BUSINESS,CONTD.:
Annual Preservation conference -Maryland Historical Trust:
The Chairman announced that the Maryland Historical Trust would
be holding their annual Preservation Conference on Saturday,
October 5,and Sunday,October 6,at the Sheraton Motor Inn.
NEXT MEETING DATE:
The next regular Planning Commission meeting will be held on
October 7,1974,at 7:30 P.M.in the Conference Room of the
Court House Annex.
ADJOURNMENT:
The meeting was adjourned at 4:15 P.M.on a motion by Mrs.
Whitcomb and seconded by Mr.Morrsion.So ordered.
October 7,!974
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Donald R':F
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The regular meeting of the Washington County Planning and Zoning
Commission was held on Monday,October 7,1974 at 7:30 P.M.in
the Conference Room of the Court House Annex.
Present were:Chairman Donald R.Frush,John C.Herbst,David W.
Sowers,Barbara B.Whitcomb,Executive Director Barry A.Teach,
Planning Director Alan R.Musselman,Zoning Director Jack S.
Hawbaker,and Glenn L.Dull,County Engineer.
Not present:Vice-Chairman William E.Dorsey,Paul W.Hoffman
and Charles Morrison.
The meeting was called to order at 7:35 P.M.
MINUTES:
Following discussion of Section 6.5 of the Zoning Ordinance con-
cerning modification of lot areas required in "A"Districts,the
Commission voted,on a motion by Mr.Sowers and seconded by Mrs.
Whitcomb,to delete the asterisk after 40,000 sq.ft.under Mobile
Home Parks for RZ-76.
The Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Sowers,to adopt the Minutes of September 5,1974 as amended.
So ordered.
BILLS AND COMMUNICATIONS:
On a motion by Mr.Sowers and seconded by Mrs.Whitcomb,the Com-
mission voted to approve for payment,invoices from the firm of
Greenhorne and O'Mara,Inc.,in the amount of $6,142.40 for
photogrammetry.So ordered.
The Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Sowers,to approve for payment,invoices from J.Russell
Robinson in the amounts of $70.00 and $239.00 for legal services
rendered.So ordered.
Ex~ension of time for Beatrice Grove,James Horn,Charles Resh and~tonelelgh Estates:'
On a motion by Mr.Herbst and seconded by Mr.Sowers,the Com-
mission voted to gr.ant extensions of time for Commission consid-
eration of the above referenced plat applications,as requested
by Mr.Seibert and Mr.Bachtell.So ordered.
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BILLS AND COMMUNICATIONS,CONTD.:
Letter from Thomas Bays,Re:Subdiv~on Requirements:
No Commission action taken due to Mr.Bays'failure to appear.
Letter from Donald Jacobs,Re:Subdivision Requirements:
Mr.Jacobs appeared before the Commission with the request that
they consider the transfer of a five acre parcel of land for which
he proposes to provide access by means of an easement.
On a motion by Mr.Herbst and seconded by Mr.Sowers,the Commis-
sion voted to grant approval to the transfer for this specific
parcel only and not as a general rule,under the '~hardship clause",
Section 1.07 of the Subdivision Ordinance.So ordered.
Edwin S.Crawford,MD.DOT,Request for Documents:
On a motion by Mrs.Whitcomb and seconded by Mr.Sowers,the Com-
mission granted the request to provide documents to the Maryland
Department of Transportation.So ordered.
Michael Kilpatrick,Maryland Community and Economic Development,
Request for Documents:
The Commission voted,on a motion by Mr.Sowers and seconded by Mr.
Herbst,to approve the request that documents be provided for use
by the Maryland Community and Economic Development Commission.So
ordered.
SUBDIVISION REGULATIONS:
PRELIMINARY PLATS:
Beaverbrook (74 Lots):
Upon review of the plat file information,the Commission voted,on
a motion by Mr.Herbst and seconded by Mrs.Whitcomb,to grant
Preliminary Approval with the stipulation that the final plat shall
contain information as specified in the County Engineer's memoran-
dum ~ated September 27,1974.(Copy herein attached by reference
to the plat file).So ordered.
Roxbury Hill (45 Lots):
The Commission voted,on a motion by Mr.Sowers and seconded by Mr.
Herbst,to grant Preliminary Approval to the plat file subject to
the following conditions being placed on the final plat:
1.Final plat shall c'ontain information as specified in County
Engineer's memorandum dated August 30,1974.(C~py attached
by reference to the plat file).
2.House locations,septic areas,and/or drainage alignments shall
be revised on final plat for Lots 7,10, 16,28.,29,30 and 33.
3.Prior to granting of Final Approval,developer shall,in
writing,provide a commitment to stabilize the unimproved por-
tion of Roxbury Road (from Barnes Road to subdi vision).So
ordered.
Jerico Hills (60 Day Limit)
Based upon the information contained in the plat file,the Commis-
sion voted,on a motion by Mrs.Whitcomb and seconded by Mr.Sowers,
to disapprove the application because it did not receive Health
Department Approval per Section 510 of the Subdivision Ordinance,
and because of inadequate site distance in accordance with the
provisions of Section 401,paragraph 1,of the Subdivision Ordi-
nance.So ordered.
Isaac W.Norris,Preliminary and Final Approval:·
Upon review of the plat file and noting that the application had
previously been dissapproved per Section 405,paragraph l2(B)of
111
42
PRELIMINARY PLATS,CONTD.:
Isaac W.Norris"Contd.:
the Subdivision Ordinance,the Commission voted,on a motion by
Mr.Herbst and seconded by Mr.Sowers,to grant approval under the
provisions of Section 107 of the Subdivision Ordinance.So ordered.
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.
Sowers,t·o grant Final Approval to the plat file.So ordered.
Greenhill Development,Section D,Preliminary and Final Approval:
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.
Sowers,to grant Preliminary Approval to the plat file.So ordered.
On a motion by Mr.Herbst and seconded by Mr.Sowers,the Commission
voted to grant Final Approval to the plat file.So ordered.
FINAL PLATS:
~
Bent Willow Farm,Section·A:
On a motion by Mr.Sowers and seconded by Mr.Herbst,the Commis-
sion voted to grant final approval to the plat file,specifying
approval to Section A,only ..So ordered.
Oak Ridge Towne,Section III (Replat)
The Commission voted,on a motion by Mr.Sowers and seconded by Mr;.
Herbst,to grant approval of the replat of Oak Ridge Towne,Section
III,for purposes of recording,per action taken by the Board of .
Appeals.So ordered.
ZONING REGULATIONS:
Rezoning Text Amendments ~RZ-76:
Previous action taken under Minutes.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
The County Engineer reported that flood plain surveys being com-
piled under consultant contract for the County are approximately
50%complete.
Water/Waste Water Plan:
A special meeting will be held in the near future for the purpose
of formulating final recommendations on the Water and Waste Water
Plan.
County Municipalities -Planning Program:
Based upon previous action,the Commission authorized payment for
Town Plans to the consultant,which will finalize the contract.
Mass Transit Study:
The Chairman reported that the legal division of the State is
reviewing the consultant contract for the Mass Transit Study.
Ci tizen Partici!2ation",
Mr.Tom Davis requested that the Commission reconsider the text
amendment to the Zoning Ordinance as proposed as pertains to
Mobile Home Parks.The Chairman asked the staff to review the
RR District with the possibility of a change to permit mobile
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·OLD AND UNFINISHED BUSINESS,CONTD.:
Citizen Participation,Contd.:
homes in tha~District,and assured Mr.Davis that every consid-
eration would b~given to the recommendation the next time amend-
ments are proposed.Mr.Davis was informed that the Commission's
recommendation on the amendment was formally adopted,and that
the County Commissioner's hearing would be held on October 22,1974.
John Cavallo:
It was brought to the attention of the Commission,that it has
been requested by a number of people for the Commission to actively
pursue review of the Circuit Court decision as regards the Burger
King proposal.
On a motion by Mr.Sowers and seconded by Mrs.Whitcomb,the Com-
mission voted to request from the County Commissioners,approval
for funds necessary to obtain review of Circuit Court action in
the case of Two-Ton,Inc.,trading as Burger King.So ordered.
Land Use Plan Revision:
Mr.Musselman reviewed for the information of the Commission,the
recommendations in regard to the procedure followed by the staff
as pertains to the Land Use Revision,which is being done by Plan-
ning Sector for the County.
Community Facilities and Services Plan:
The staff presented the format for consideration of the Community
Facilities and Services Plan,for the information of the Commission.
The Chairman instructed the staff to proceed with what has been
presented to the Commission,asking that they be kept informed of
needs in order to accomplish these tasks.
Areas of Critical State Concern:
The Chairman reported that -arrangements have been made with high
schools of some of the municipalities in order that students in
the upper grades could participate in the recommendations regarding
critical areas.The Commission was asked to attend if possible.
Housing Study:
It was reported that the Housing Study is being printed and that
final copies of the report will soon become available.
Mr.Musselman stated that the data being developed ~ill provide a
solid base on Which to plan economic trends;
,
NEW BUSINESS:
Community Development Act of 1974:
Mr.Musselman explained to the Commission,the process by which
funding is proposed to become available under the Community
Development Act of 1974,from the Department of Housing and Urban
Development to local governments.
The Chai~man recommended that the County cooperate with the City
of Hagerstown,mentioning top priority projects,which is con-
sidered to be the most feasible approach to obtain funds for the
County and City in subsequent years.
The Chairman requested that this Act and the Hagerstown Airport
Development Plan be considered at ~he next meeting with the City
Planning Commission which is expected to be held in the next few
weeks.
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NEW BUSINESS,CONTD.:
New Community Feasibility:
After review of existing and proposed facilities in the area of the
Hagerstown Junior College,the feasibility of a new community in
that vicinity as proposed in the Plan for the County was discussed.
It was stated that the City of Hagerstown and Commission agree that
a task force should be established to proceed with goals and objec-
tives of the plan for the new community development based upon
total work elements necessary.
Historic District Inventory:
The Commission voted,on a motion by Mr.Sowers and seconded by
Mrs.Whitcomb,that the Historic Sites Inventory be properly indexed
and transferred on a monthly basis to the County Historic District
Commission.So ordered.
Plats Approved Under Administrative Policy:
Simplified,
Isaac Norris,September 5,1974,Lopes-Resh:September 16,1974,
Charles Repp,September 16,1974,Clifford Mason,September 16,1974,
Ridenour-Donat,September 16,1974,Montgomery Ward,September 18,
1974,Paul Ward Properties,September 18,1974,William Marshall,
-September 18,1974,Fink-Paxon,September 18,1974,Philip D'Angelo,
September 23,1974,Hammond-Hammond,September 23,1974,Robert
Risser,September 26,1974-,Pike-Jessup,September 30,1974,James
Abbott,September 30,1974,and J.Maury Werth,October 10,19-74.
Plats Approved Under Administrative Policy:
Development:
Sarah K.Eby,September 5,1974,Alba Mathias,September 5,1974,
Opequon II,Section III,September 5,1974,Joseph Thomas,Septem-
ber 6,1974,Edna Cave,September 6,1974,Melvin Liller,September
6,1974,Trumer Wagner,September 6,1974,Jeffery Poffenberger,
September 13,1974,Ernest Moore,September 25,1974,Ronald Keyton,
September 25,1974,Richard Weddle,September 26,1974,Golden Flee~e
Estates,Lot 4,September 3D,1974,Glenn Eby,Lot 2,September 30,
1974,Ronald Flook,October 2,1974,and Philip Petry,October 4,
1974.
Complimentary Copy of the Plan for the County:
On a motion by Mr.Sowers and seconded by Mr.Herbst,the Commis-
sion voted to provide a complimentary copy of the Plan to Mr.Harold
Barley,asking that the research being developed by him be made
available to the Commission.So ordered.
NEXT MEETING DATE:
The next regular meeting of the Planning Commission will be held on
Monday,November 4,1974,at 7:30 P.M.
ADJOURNMENT:
The meeting was adjourned'at 10:40 P.M.on a motion by Mr.Herbst
and seconded by Mr.Sowers.So ordered.n&VIe,Jl&x-Llrl.~u~J'v _
D~nald R.Frush,Chairman
November 4,1974
The regular meeting of the Washington County Planning and Zoning
Commission was held on Monday,November 4,1974 at 7:30 P.M.in the
second floor conference room of the Court House Annex.
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Present were:Chairman Donald R.Frush,John C.Herbst,Paul W.
Hoffman,Charles Morrison,David W.Sowers,Barbara B.Whitcomb,
Executive Director Barry A.Teach,Planning Director Alan R.
Musselman and <Assistant Planners Robert B.Garver and Ronald L.
Shives and James Witherspoon.
The meeting was called to order at 7:30 P.M.
MINUTES:
The Minutes of the meeting of October 7,1974 were approved as pre-
sented on a motion by Mr.Sowers and seconded by Mrs.Whitcomb.So
ordered.
BILLS AND COMMUNICATIONS:
The Commission voted,on ~motion by Mr.Morrison and seconded by
Mr.Sowers,to approve for payment an invoice from the firm of
Greenhorne and O'Mara,Inc.,in the amount of $1,596.00 for photo-
gramme try services.So ordered.
Letter from J.H.Seibert,Re:Extension of time for David Fraley:
On a motion by Mr.Sowers and seconded by Mr.Herbst,the Commis-
sion voted to grant a 30 day extension of time for consideration
of the preliminary plat for David W.Fraley.This extension will
expire on December 27,1974,prior to which date the plat will be
considered by the Commission.So ordered.
Letter from Thomas Bays,Re:Subdivision Requirements:
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.
Hoffman,to advis.e Mr.Bays to proceed with the preparation of a
subdivision plat in regard to his property located on Park Hill Road,
the details of a proper right-of-way being worked out with the staff.
So ordered.
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Letter from W.Wallace Taylor,Re:Zoning Regulations:.
Mr.W.Wallace Taylor appeared before the Commission to discuss set
back regulations as pertains to Article 14 of the Zoning Ordinance,
requesting that a release be granted from set back line requirements.
The Chairman clarified for information of the Commission and Mr.
Taylor,what would have to be done in order to grant Mr.Taylor's
request.He pointed out that decision had been made by the Board
of Appeals and that the Commission was unable to grant variances to
the Zoning Ordinance as it is written,as any changes would have to
be taken to public hearing and then to the County Commissioners for
their review and action.The Chairman advised Mr.Taylor that
recommended changes to the Zoning Ordinance should be taken to the
Commission staff for their review and comments,then take it to the
Commission as it pertains to the request,to take it to public
hearing under due process of the law.The Chairman also stated that
other industrial leaders had met in regard to consideration of
changes as pertains to similar situations.Mr.Taylor agreed to
meet with Mr.Teach on Wednesday at 4:00 P.M.to further discuss
the proposed amendment to the Zoning Ordinance.
Letter from Richard Dworsky,Interstate Commission on the Potomac
Basin:
The Commission voted,on a motion by Mrs.Whitcomb and seconded by
Mr.Morrison,to grant the request from the Interstate Commission
on the Potomac Basin in making Washington County documents avail-
able to them.So ordered.
SUBDIVISION REGULATIONS:
Ollen Craig,Preliminary Plat:
Upon review of the plat file,the Commission voted to disapprove
the application for Ollen O.Craig,Lot 6,because it did not
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SUBDIVISION REGULATIONS,
Ollen Craig,.Preliminary Plat,Contd.:
receive Health Department Approval per Section 510 of the Subdivi-
sion Ordinance due to the fact that the Health Department does not
grant approval of septic systems in areas that are planned for
immediate extension of sewerage service systems.It was requested
that the plat be placed back on the agenda for Commission consider-
ation after discussion of the situation with representatives of the
City of Hagerstown and the Department of Health at a joint meeting
scheduled for next Thursday.So ordered.
Stoneleigh Estates,(71 Lots),Preliminary Plat,
Upon review of the plat file information and following discussion
of the staff review relative to suitability of soils for septic
systems,underground water supply,pollution of the prime aquifer
in the area,adequacy of right-of-way,adequacy of school facili-
ties;etc.,the Commission voted,on a motion by Mr.Morrison and
seconded by Mrs.Whitcomb,to defer action on the plat until such
time that documentation is obtained from the Health Department as
regards septi~failure in this particular area,and a review of the
total aquifer area.It was also requested that school c~pacity
figures be confirmed and that the developer give consideration to
cooperation in providing monies for the upgrading of the road.So
ordered.
LuRose Estates,Sect~on B,(25 Lots),Preliminary and Final Approval:
Upon review of the plat file .information,the Commission voted,on
a motion by Mr.Herbst and seconded by Mr.Sowers,to grant Pre-
liminary Approval.Mr.Morrison and M'rs.Whitcomb voted "No."So
ordered.
On a motion by Mr.Herbst and seconded by Mr.Sowers,the Commis~
sion voted to grant Final Approval to the plat file .Mrs .Whitcomb
and Mr.Morrison voted "No."So ordered.
Bylaws of the Commission:
Following a discussion as pertains to the interpretation of the.Com-
mission Bylaws as regards the number of votes required to con-
stitute a majority necessary for Commission action,the Chairman
requested the staff to review Article VI,Section II of the Bylaws
and clarify the commentary to state 1'a majority of those present
and voting."
NEW BUSINESS:
Broadfording Church of the Brethren:
A letter was read from Mr.Gerald A.Cump,in which it was requested
that the Point of Discharge application of the Broadfording Church
of the Brethern be granted permission to proceed with the Department
of Water Resources application since their present septic system is
failing and the Health Department will not permit expansion of the
existing facility.
The Commission voted,on a motion by Mr.Sowers and seconded by Mr.
Herbst,to grant approval of the request to proceed with application
to the State.So ordered.
SUBDIVISION REGULATIONS'
PRELIMINARY PLATS'
Charles W.Resh (5 Lots),
Upon review of the plat file,the Commission voted,on a motion by
Mr.Herbst and seconded by Mr.Sowers,to grant Preliminary Approval
to the application.So ordered.
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PRELIMINARY PLATS,CONTD.:
Clingan Hills (4 Lots),Preliminary and Final Appro~
Upon review oPthe plat file information,the Commission voted,on
a motion by Mr.Herbst and seconded by Mr.Hoffman,to grant Pre-
liminary Approval.
The Commission voted,on a motion by Mr.Sowers and seconded by
Mr.Hoffman,to grant Final Approval to the plat file.So ordered.
Ronald E.Shaw:
The Executive Director advised the Commission that approval,both
Preliminary and Final,was granted by the staff this date,upon
fulfillment of all requirements.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
There is no new report on the status of Flood Plain Studies.
Water and Waste Water Plan:
The Chairman requested that the staff recommendations as pertains
to requests for map amendments to the Water and Waste Water Plan
be transmitted for review prior to the meeting scheduled for Thurs-
day,November 7.
county Municipalities:
The Chairman reported that the Towns are preparing for public hearing
of their Comprehensive Plans.
Mass Transit Study:
The Chairman reported that the Contract for the Mass Transit Study
had been executed and made effective as of Friday,November 1.
Areas of Critical State Concern:
The Chairman pointed out that classes had been attended at Jr.Col-
lege and South High School and that all schools,both Jr.and Senior
have been participating,and the program should be completed within
the next two weeks.Other groups will be making recommendations
after which the Commission staff will make their analysis,followed
by Commission review of all comments.
Mr.Musselman reported that he had been meeting with other Planning
Directors of Western Maryland Counties,reviewing th~guidelines
distributed by the Maryland Department of State Planning to which a
response is requested by November 15.Mr.Musselman stated that
material in regard to suggested revisions would be ready shortly
for Commission .review.
The Chairman stated that the Farm Bureau and others prepared recom-
mendations to be taken to public hearing and asked that the Commis-
sion consider these recommendations.
Housing Study:
There is nothing new to report on the status of the Housing Study.
NEW BUSINESS:
Natural Environment Study (Plan Element)Presentation:
Planning Assistant Robert Garver presented a brief review of the
preliminary Natural Characteristics element in development of a
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NEW BUSINESS:
Natural Environment Study,Contd.:
graphics system to be utilized in the revision of the Plan.A
draft of the element will be available for Commission review prior
to printing.
Planning Sector II -Physical Characteristics Presentation:
The Planning Director brought to the attention of the Commission,
the Physical Characteristics element for Planning Sector II,which
pert~ins to information in regard to flood plains,aquifer areas,
intensely developed areas,soils not suitaole for septic systems,
prime agricultural soils,slppes in excess of 25%and shallow
soils.To be added are cultural characteristics of the Sectors,
which will ultimately provide a complete basis for land use studies.
Halfway Park Design Process:
The Planning pirector reported that the Halfway Park site has been
acquired and the staff is now ready to begin the design process.
Mr.Musselman requested approval of procedure to invite represen-
tatives of the various organizations and individuals in the Halfway
area,members of the Parks and Recreation Board,Commission members,
and other agencies to establish a committee to determine what the·
various uses would be.
The Chairman pointed out that this would be a County Park and that
others should be involved in the design of the Park.Mr.Musselman
was directed to proceed with the process·as outlined.
Plats Approved Under Administrative Policy:
Simplified Plats:
Joseph Keefer,OctobeT 14,1974,Marguerite Lohman·,October 10,1974,·
Horst-Martin,October 14,1974,Thompson-Kline,October 17,1974,Mrs.
Daniel Eby,October 10,1974,Larry Fitzpatrick,October 21,1974,.
Luther Davis,October 22,1974,Valley Mall Associates,October 28,
1974,and Silas Martin,.November 1,1974;
Development:
Doris Pyles,October 15,1974,James Horn,October 21,1974,Ralph
Metz,October 21,1974,Bonnard Morgan,October 24,1974,Isaac
Norris,October 29,1974,Henry Poffenberger,October 29,1974,
Kershner's Acres,October 29,1974,Beatrice Grove,October 29,1974,
Martin Shuck,November 1,1974,and Ronald Shaw,November 4,1974.
The Executive Director introduced Mr.James Witherspoon,Assistant
Planner,who began work with the Commission staff November 4.
NEXT MEETING DATE:
A special meeting will be held with the City of Hagerstown on
Thursday,November 7,1974 at 7:30 P.M.,at the Court House Annex.
The regular Commission meeting is scheduled for Monday,December 2,
1974 at 7;30 P.M.in the 2nd floor conference room of the Court
House Annex.
ADJOURNMENT:
The meeting was adjourned at 10:25 P.M.on a motion by Mr.Hoffman
and seconded by Mrs.Whitcomb.So ordered.
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December 2,1974
The regular meeting of the Washington County Planning and Zoning
Commission was held on Monday,December 2,1974 at 7:30 P.M.in
the second floor conference room of the Court House Annex.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.
Dorsey,Paul W.Hoffman,Charles Morrison,David W.Sowers,Jr.
and Barbara B.Whitcomb.Staff:Executive Director Barry A.
Teach,Robert B.Garver,Ronald L.Shives,Thomas Van Dyke,James
Witherspoon.Health Department:David Barnhart.County Commis-
sioner Elect,W.Keller Nigh.
The meeting was called to order at 7:30 P.M.
MINUTES:
On a motion by Mr.Sowers and seconded by Mr.Hoffman,the Commis-
sion voted to approve the minutes of the regular meeting of November
4,1974,as presented.So ordered.
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The minutes of the special joint meeting with the City of Hagerstown
on Thursday,October 17,1974,were adopted as presented by the
Washington County Planning Commissio~on a motion introduced by
Mr.Morrison and seconded by Mrs.Whitcomb.So ordered.
'The Commission voted,on a motion by Mr.Hoffman and seconded by
Mrs.Whitcomb,to adopt the minutes as presented,of the meeting
held jointly with the City of Hagerstown on November 7,1974.So
ordered.
BILLS AND COMMUNICATIONS:
Fox and Associates,Inc.(Mass Transit Study)
On a motion by Mr.Dorsey and seconded by Mr.Sowers,the Commission
voted to approve for payment,an invoice from Fox and Associates,
Inc.,for the percentage of work completed per the invoice statement
in-the amount of $505.00.So ordered.
Letter ·from Sharpsburg Planning Commission:
The Chairman brought to the attention of the Commission,corres-
pondence from the Sharpsburg Planning Commission stating their
intent to conduct a public hearing on Tuesday,December 3,1974,
relative to the Sharpsburg Comprehensive Plan.Hearings for the
Towns of Funkstown and Boonsboro are scheduled for December 10,
and Decemb~r 12,respectively.Hancock and Clear Spring have
scheduled hearings for after the first of the year.
Letter from J.Maury Werth:
The Commission voted,on a motion by Mr.Dorsey and seconded by Mr.
Sowers,to grant the ,request for 60 day extension of time for
consideration of the preliminary plats of Opequon Farms and Crow
Hollow Woods.The extension will expire on March 3,1975 for both
plats.So ordered.
SUBDIVISION REGULATIONS:
PRELIMINARY PLATS:
Antietam Manor (16 Lots)(60 Day Limit):
Following discussion of staff reports and correspondence from
Geologist Dr.Bruce Martin,comments of the County Engineer,and
Soil Conservation District,a motion was made by Mr.Morrison,to
grant approval to the plat file contingent upon all required
statements being shown on the final plat.After further discussion,
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PRELIMINARY PLATS,CONTD.:
Antietam Manor,Contd.:
Mr.Morrison amended the motion to indicate that the final plat
shall provide information specified in the County Engineer's
memo dated November 1,1974.(Copy attached by reference to the
plat file.)So ordered.
It was also requested by Mr.Dorsey that final approval be con-
tingent upon the Health Department Statement that the septic tanks
in the development will not contaminate the underground water.
The motion was seconded by Mr.Hoffman.
Woodmoor,Section D,E,and F (127 Lots)(60 Day Limit):
Upon review of the plat file,the Commission voted,on a motion by
Mr.Dorsey and seconded by Mr.Morrison,to grant Preliminary
Approval and asked that the final plat shall provide for 10'
easements on all interior property lines for installation and
maintenance of underground utilities,and provision of walking ac-
cess to the adjacent park.So ordered.
Mr.Coffman was advised that the Commission would be able to
consider the request to begin construction of the streets in the
subdivision prior to final approval under Section 107 of the
Subdivision Ordinance,so long as the requirements of the County
Commissioners are met to acquire a Bond.
Stoneleigh Estates (91 Lots):
The staff review of Stoneleigh Estates given at the last meeting
which recommended disapproval of the proposed development,was
reiterated for the information of those present.Following an in-
·depth discussion pertaining to information supplied by Mr.Barnhart
of the Health Department,County Engineer,and Board of Education
in regard to the capability of the soils in the aquifer area,ade-
quacy of the road to serve the development and capacity of the
school,the following Commission action was taken:
On a motion by Mr.Sowers and seconded by Mrs.Whitcomb,the Com-
mission voted to grant Preliminary Approval contingent upon:
1.Final plat shall contain information specified in the County
Engineer's memo,dated September 16,1974.(Copy attached by
reference to the plat file.)
2.Prior to consideration of the final plat by the Commission,
the developer is to be notified that policy and financial ar-
rangements are to be made with the elected officials concerning
the roadway alignment,moving of walls,power lines,etc.,and
all expenses incurred in absolving the hazards of the one and
seven tenths mile of the Fairplay Road,serving both the south-
erly and northerly routes to a major artery,and fronting the
proposed development.The motion carried with Mr.Morrison
and Mr.Hoffman abstaining.
Antietam Meadows (8 Lots)(60 Day Limit):
On a motion by Mr.Dorsey and seconded by Mr.Sowers,the Commis-
sion voted to disapprove the plat file in accordance with the
provisions of Section 405,paragraph l2(B)of the Subdivision
Ordinance.So ordered.
Greenspring Hills (16 Lots)(60 Day Limit):
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Sowers,to disapprove the plat file because it did not receive
Health Department Approval per Section SIO of the Subdivision Ordi-
nance,or County Engineering Approval per Article V of the Subdivision
Ordinance.So ordered.
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PRELIMINARY PLATS,CONTD.:
Paul Shade,Lots 3 and 4 (61 Day Limit):
On a motion by Mr.Dorsey and seconded by Mr.Hoffman,the Commis-
sion voted to disapprove the plat file beca4se it did not receive
Health Department Approval per Section 510 of the Subdivision
Ordinance.So ordered.
Harry H.Wolfe,Lots 1,2,and 3 (60 Day Limit):
The Commission voted,on a motion by Mr.Sowers and seconded by
Mr.Hoffman,to grant a thirty day extension of time for considera-
tion of the plats of lots for Harry H.Wolfe,Lots 1 and 2,and
plat of Lot 3,both of which will be considered 'by the Commission
prior to the expiration date of January 22,1975.So ordered.
Anna Mae Haynes,Lots 1 and 3 (60 Day Limit)
On a motion by Mr.Dorsey and seconded by Mr.Sowers,the Commis-
sion voted to grant a thirty day extension of time.The expiration
of this extension will be January 2,1975,prior to which time the
Commission will give consideration to the plat.So ordered.
Miller to Miller (60 Day Limit):
The Commission voted,on a motion by Mr.Sowers and seconded by
Mr.Hoffman,to disapprove the plat file because it did not re-
'ceive Health Department Approval per Section 510 of the Subdivision
Ordinance.So ordered.
David W.Fraley,Preliminary and Final Approval:
On a motion by Mr.Sowers and seconded by Mr.Dorsey,the Commis-
sion voted to ~rant Preliminary Approval to the plat file.So
ordered.
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Morrison,to grant Final Approval to the plat application.
So ordered.
Application of Highway Plan Amendment:
The Commission directed that any and all plats submitted to the
Commission,formally requesting approval in accordance with the
provisions of Section 405,paragraph 2,and Section 401,paragraph
2,of the Subdivision Ordinance,be brought to the attention of
the Commission for consideration at the earliest possible date,
and that any plats submitted prior to the effective date of the
amendments (November 26,1974)be exempt from the amendment provi-
sion.
Green Hill Development,Section E (4 Lots):
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On a motion by Mr.Sowers and seconded by Mr.Hoffman,the
sion voted to grant Preliminary Approval to the plat file.
ordered.
Harry E.Miller,Parcel A:
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The Commission voted,on a motion by Mrs.Whitcomb and seconded by
Mr.Sowers,to grant a thirty day extension of time for Commission
consideration of approval,expiration of which will be February 6,
1975.So ordered.
Lindy Hanes (60 Day Limit):
The Commi~sion voted,on a motion by Mr.Dorsey and seconded by Mr.
Morrison to grant a sixty day extension of time for consideration
of the preliminary plat.This extension will expire on March 4,
1975,by which time the plat will be considered by the Commission.
So ordered.
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FINAL PLATS:
Wilbur Deibert (4 Lots)(30 Day Limit):
On a motion by Mr.Sowers and seconded by Mr.Morrison,the Com-
mission voted to grant a thirty day extension of time for con-
sideration of approval,to expire on January 15,1975,by which
time the plat will be considered.So ordered.
Charles Resh (5 Lots)
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Hoffman,to grant Final Approval to the plat file.So ordered.
SIMPLIFIED PLATS:
Moats-Bitner:
On a motion by Mr.Dorsey and seconded by Mr.Morrison,the Com-
mission voted to disapprove the plat of the .68 acre tract situ-
ated on Walnut Point Road,under the provisions of Section 401,
paragraph 2 of the Subdivision Ordinance,and directed that the
owner be notified that a variance from the lot size requirement
from the Board of Appeals would be necessary.So ordered.
Mr.and Mrs.Harvey D.Wolfe:
The Commission voted,on a motion by Mr.Dorsey and seconded by
Mr.Sowers,to disapprove the plat of the 23,300 square foot
tract situated on Kaiser Ridge Road,under the provisions of
Section 401,paragraph 2 of the Subdivision Ordinance,and
directed that the owner be notified that a variance granted by
the Board of Appeals would be necessary.So ordered.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
There is nothing new to add to the status of these studies.
Water and Waste Water Plan:
The Commission voted,on a motion by Mr.Sowers and seconded by
Mr.Dorsey,to remove this item of business from the Commission
agenda.So ordered.
County Municipalities -Planning Program:
The Chairman reported that all the Towns have submitted copies
of their Plans to the State Planning Department and are final-
zing preparation for public hearings.
Mass Transit Study:
An invoice for the percentage of work completed for the Mass
Transit Study,was approved earlier in the meeting.
Areas of Critical State Concern:
The Chairman reported that he would be conducting seminars with
the students at North Hagerstown High School on Wednesday relative
to the Land Use Questionnaire.
Housing Study:
Copies of the completed portion of the Housing Study were dis-
tributed to the Commission for their review.On a motion by Mr.
Dorsey and seconded by.Mr.Hoffman,the Commission voted to remove
this item of business from the Commission agenda.So ordered.
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OLD AND UNFINISHED BUSINESS,CONTD.:
Halfway Park Design:
The Chairman reported that a Design Committee was in the process
of being formed for the purpose of participating in recommenda-
tions as pertains to the Halfway Park.The first meeting is to
be held on December 10.Any interested citizens or groups are
invited to join the Design Committee ip formulating recommendations.
NEW BUSINESS:
Fiscal 1976 Work Program:
Deferred until later in the meeting.
Fiscal Report -Committee on the Preservation of Agricultural
Land:
The Chairman stated that a copy of the report of the Committee
on the Preservation of Agricultural Land is on hand as pertains
to recommendations to the legislative body.
National FreeWaY Economic Planning:
The Chairman stated that the Tri-County Council has agreed to
include additional studies as pertains to economicdevdlopment
in their work program for Washington County.It has been requested
that the studies funded by the State be continued f~~another
year to include the Williamsport area,the Rt.40-170 Interchange
area and the Fort Frederick Interchange.
Government Services Institute Seminar:
The.Chairman gave a brief comprehensive report to the Commission
in regard to the Government Services Institute Seminar held in
Washington on November 20 through 22 in regard to the benefits
that can be derived through federal funding programs and how
these monies are made available for community development programs.
Community Facilities and Services Plan:
Planner James Witherspoon reviewed for the Commission,the Pre-
liminary Statement of Goals and Objectives,draft outline of the
Plan element to be established to make recommendations in regard
to community facilities in the development of a Capital Improve-
ment Program.He stated that it was hoped that a citizen's Sector Co~-b ..~..
mittee would continue to participate within the framework in
community facilities planning and periodic update of the plan.
OTHER BUSINESS:
Plats Approved Under New Administrative Policy:
Simplified Plats:
P.R.L.C.O.Associates -Wysong,November 12,1974,Churchey-Shobe,
November 14,1974,Carl Bivens,November 15,1974.and Paul Frazer,
November 22,1974.
Development:
Steve L.Smith,November 12,1974,Anna Mae Haynes,Lot 6,November
15,1974,Joseph Keefer,November 15,1974,Golden Fleece Estates,
Lot 5,November 15,1974,Ruth Aldridge,November 20,1974 James
Flowers,November 26,1974.
The Chairman reported that a Design Committee was in the process
of being formed for the purpose of participating in recommenda-
tions as pertains to the Halfway Park.The first meeting is to
be held on December 10.Any interested citizens or groups are
invited to join the Design Committee ip formulating recommendations.
Deferred until later in the meeting.
The Chairman stated that a copy of the report of the Committee
on the Preservation of Agricultural Land is on hand as pertains
to recommendations to the legislative body.
The Chairman stated that the Tri-County Council has agreed to
include additional studies as pertains to economic development
in their work program for Washington County.I~has been requested
that the studies funded by the State be ~ontinued for another
year to include the Williamsport area,'th~Rt.40-170 Interchange
area and the Fort Frederick Interchange.
The Chairman gave a brief comprehensive report t9 the Commission
in regard to the Government Services Institute Seminar held in
Washington on November 20 through 22 in regard to the benefits
that can be derived through federal funding programs and how
these monies are made available for community development programs.
Planner James Witherspoon reviewed for the Commission,the Pre-
liminary Statement of Goals and Objectives,draft outline of the
Plan element to be established to make recommendations in regard
to community facilities in the development of a Capital Improve-
ment Program.He stated that it was hoped that_~citizen's Sector Com-
mittee would continue to participate within the framework in
community facilities planning and periodic update of the plan.
P.R.L.C.O.Associates -Wysong,November 12,1974.Churchey-Shobe,
November 14,1974,Carl Bivens.November 15,1974,and Paul Frazer,
November 22,1974.
Steve L.Smith,November 12,1974.Anna Mae Haynes,Lot 6,November
IS,1974;Joseph Keefer,November IS,1974,Golden Fleece Estates,
Lot 5,November IS,1974,Ruth Aldridge,November 20,1974 James
Flowers,November 26,1974.
OTHER BUSINESS:
The Chairman·brought to the attention of the Commission the
need--to discuss and consider other items of business either
at this time or in a special meeting for an in-depth review of
ta~benefits for historic structures,zoning cycles so that
the County Commissioners wii)have a time s~hedule for zoning
hearings,and work elements for the Fiscal Year '76 program.
A tentative workshop meeting date was established for Thursday,
December 12 at 8:30 A.M.
NEXT MEETING DATE:
The next regular meeting of the Planning Commission will be Mon-
day,January 6,1975,at 7:30 P.M.in the conference room of
the Court House Annex.
ADJOURNMENT:
Following a lengthy,general discussion relative to the responsibility
of the developer versus County revenues in providing facilities and
adequate access,the meeting was adjourned at 11:10 P.M.on a motion
r::J)by Mr.Hoffman and seconded by Mr.Sowers.So ordered.
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~Donald R.F¥Ush,Chairman
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