HomeMy WebLinkAbout1976 Minutesvonala K.frush,Chairman
January 5,1976
The regular meeting of the Washington County Planning .Commission was held on Monday,
January 5,1976,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 and Barbara
B..Whitcomb.Staff:Barry A.Teach,Executive Director,Alan R.Musselman,Planning
Director,and Assistant Planners Ronald L.Shives and Thomas Van Dyke.Not present:
Paul W.Hoffman,William E.Doxsey and W.Keller Nigh.
MINUTES:
On a motion by Mr.Sowers and seconded by Mr.Herbst,the Minutes of the meeting of
December IS,1975,were adopted with the addition of Mrs.lihitcomb's name to those
present,and listing those not in attendance.So ordered.
COMMUNICATIONS:
Inquiry from Roy Snyder,Re:Subdivision Requirements:
Following discussion of access problems,the Commission voted,on a motion by Mr.
Herbst and seconded by Mr.Sowers,to advise Mr.Snyder to proceed with the pre-
paration of a plat for the proposed development on a lot of record situated on a
private lane off Trovinger Mill Road,under the provisions of Section 107 of the
Subdivision Ordinance.So ordered.
Inquiry from Douglas Bachtell,Re:Orchard Estates:
Mr.Bachtell appeared before the Commission requesting interpretation of provisions
of the Subdivision Ordinance as pertains to the preliminary consultation in regard
to access points of less than 300 feet for lots 1 through 5,the width to depth
ratio on a portion of the lots,and the length of the cul-de-sac.
On a motion by Mr.Sowers and seconded by Mr.Herbst,the Commission voted to advise
Mr.Bachtell to proceed with preparation of the plat for their consideration as
planned.So ordered.
The Chairman recommended that the Commission consider recommending changes to the
existing Subdivision Ordinance to be taken to public hearing,as they reflect to
differing situations,in order that the provisions contained therein can be
bette~.understood by staff,other agencies and the general public.,
Inquiry from Howard Hebb,Re:Subdivision Requirements:
Following discussion'as pertains to comments of the County Engineer in regard to
the subdivision of three lots which Mr.Hebb proposes to develop,dated December
19,1975,the Commission voted to advise Mr.Hebb to proceed with preparation of
a plat for agency review,with the conditions of the County Engineer being met.
(Copy of memo attached by reference to the plat file.)110tion by Mr.Herbst and
seconded by Mr.Sowers.So ordered.
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SUBDIVISION CONTROL REGULATIONS:
Crest Valley,Section A (25 Lots):For Final Approval:
Following examination of the plat file And discussion of the staff recommendations
as pertains to problems in regard to location of the sept}c fields on.lots 2,9,
16 and 62,the Commission voted to grant Final Approval to the remaining'lots of
Crest Valley Section A,with the condition thatjJrior to development,lots 2,9,
16 and 62 be 'submitted for review and approval.Motion by Mr.Herbst,seconded by
Mr.Sowers.So ordered.
Cool Hollow Estates:For Preliminary and Final Approval:
Upon review and discussion of plat file information,the Commission voted,on a
motion by.Mr.Sowers and seconded by Mrs.Whitcomb,to grant Preliminary Approval
for lots I through 6 only and recommended that positive verification of possible
lateral transfer and down slope surface resurgence of effluent be accomplished
by placing slugs of tracing dye at appropriate depths within reserved septic areas
and saturation of the area contiguous to the dye with the daily domestic discharge
for a period long enough to model adverse conditions likely to cause down slope
surfacing of effluent,and thereby absolving the County of all responsibility
for 'any possible correction of problems caused by pollutants.So ordered.
Cool Hollow Estates,For Final Approval:
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.Sowers,to
grant Final Approval to Lots 1 through 6 only as shown through proper metes and
bounds of the lots and with the above recommendation for Preliminary Approval
as stated.So ordered.
Inquiry from Florence Hosfel t,Re:Highway Plan:
Following discussion of options for selling a parcel of land at the request of Mrs,
Ho;;felt,the Commission voted,on a motion by Mr.Herbst and seconded by Mr.Sowers,
to advise her to proceed under Section 107 of the Subdivision Ordinance,with
preparation of a plat for subdivision of the parcel as a panhandle lot as recom-
mended by the staff.So ordered.
Albert Leaf:For Preliminary and Final Approv~l:
On a motion by Mr.Herbst and seconded by Mr.Sowers,the Commission voted to
grant Preliminary Approval to the subdivision of four lots for Albert Leaf.So
ordered.
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.Sowers,to
.grant Final Approval to the plat file contingent upon receipt of approval in
writing from the Department of Health.So ordered.
Atherly Subdivision,Lot 3:Preliminary and Final Approval:
Upon review of the plat file and noting that Health Department approval did not
include the existing septic system,the Commission voted,on a motion by Mr.Herbst
and seconded by Mr.Sowers,to grant approval subject to a note being placed on
the tracing presented for Commission signature as follows:.
Approval not granted to existing septic system.When construction of the house is
'completed,new percolation tests must be.performed in the area designated for sewage
dispos·al and .the present sewage disposal system must be uncovered to determine if
the systeln should be expanded or replaced,according to the percolation test results
and size of the new house.So ordered.
NEW BUSINESS:
Site Plan Approval:
Following discussion as pertains to circumstances under which the Planning Commission
would be required to review site plans,the Commission agreed that the present
review procedure among agencies and provisions of the Ordinance would work out
most conflicts ,and the Commission would like it to continue in this manner.
Accordingly,this process will continue except in instances where there is con-
flict between agencies which cannot be resolved administratively.
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OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
There is no new report on the status of FIood Plain Studies.
County Municipalities -Planning Program and Mass Transit Study:
The Coinmission voted,on a motion by Mr.Sowers and seconded by Mr.Herbst to remove
County Municipalities and the Mass Transit Study from the Commission agenda under
Old and Unfinished Business.So ordered.
Areas of Critical State Concern:
The Chairman reported that State legislation is being developed to determine Areas
of Critical State Concern.
Planning Conference:
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Mr.,Musselman bro~ght to the attention of the Commission,the status of preparations
for the Planning Conference,the'Committees which have been established and the
need for funds to provide for proper advertising.
On a motion by Mrs.Whitcomb and seconded by Mr.Sowers,the Commission authorized
monies within the budget to advertise the Planning Conference which will be in the
form of a block ad carried by both newspapers for a period of three days.So ordered.
Comprehensive Plan Revision:
There will be a workshop on January 19,1976,at 9:,00 A.M.in the Grand Jury Room
of the Court House for Commission consideration of the revision of the Comprehensive •
Plan.
PY-'77 -"701"Work Program:
The Chainnan requested that consideration of this item of business be delayed for
a later date.
OTHER BUSINESS:
Plats Approved Under Administrative Policy:
Simplified:Potomac Edison -December 15,1975;Millard Kretzer -
Edna Hartle -December 18,1975;William Pennington -December 23,
Robert Risser -December 29,1975.
Development:
December 15,1975;
1975 and
Graham and Jacques,Parcel A -December 15,1975;Margaret Jane Hanes -December 22,
1975 and J.D.Earl Martin,Lot E -December 29,1975.
MEETING DATES:
The next regular meeting of the Planning Commission will be February 2,1976,with the
workshop scheduled for Monday,January 15,and Zoning Amendment Hearing scheduled for
January 12,Court Room #1,7:00 P.M.
ADJOURNMENT:
The meeting was adjourned at 10:00 P.M.on a motion by.Mr.Sowers and seconded by
Mrs.Whitcomb.So ordered.
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Donald R.Frush,Chainnan
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January 19,1976
A special meeting of the Washington County Planning Commission was held in
the Jury Room'of the Court House on Monday,January 19,1976 at 1:00 P.M.
Present were:Chairman Donald R.Frush,John C.Herbst,Paul W.Hoffman,
David W.Sowers and Barbara B.Whitcomb.Also present were staff:Barry
A.Teach,Executive Director,Planning Director Alan R.Musselman,and
Assistant Planners Ronald L.Shives,Robert B.Garver and James B.Wither-
spoon.Not present:·W.Keller Nigll and William E:Dorsey.
The meeting was called to order,at 1:25.
MINUTES:
The Minutes of the regular meeting of January 5,1976 were approved as written
on amotion by Mr.Sowers and seconded by Mrs.Whitcomb.So ordered.
CORRESPONDENCE:
Letter from Ralph Donnelly..Re:Extension of Time for Van Lear Manor,Section 8:
The Commission voted,on a motion by Mrs.Whitcomb and seconded by Mr.Hoffman,to
grant a thirty day extension of time for consideration of Van Lear Manor,Section 8,
expiration of which will be February 29.The Commission,noting that this is the
fourth extension of time granted,suggested a consultation with the Planning Staff
in order to expidite the revision of the plat.So ordered.
.Letter fromJ.H.Seibert,Re:Extension of Time for Spring Valley,Section G:
On a motion by Mr.Sowers and seconded by Mrs.Whitcomb,the Commission voted
to grant a thirty day extension of time for consideration of Spring Valley,
Section G,expiration of which will be February 29,1976.So ordered.
Extension of Time for Donald E.Faith,Lot 1:
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.Hoffman,to
grant a thirty day extension of time for consideration of the plat for Donald
E.Faith,Lot 1,expiration of which will be February 19,1976.So ordered.
Letter from Robert Johnson,'Re:Extension of Time for Kenilworth Estates:
On a motion by Mr.Sowers and seconded by Mr.Hoffman,the Commission voted
to grant.the request for a sixty day extension of time for Kenilworth
Estates in order to provide additional data as required by the Department of
Water Resources.The Commission requested that it agdn be brought to the
attention of the developers,the concerns expressed for the condition of I,eck Road
as outlined in the staff report dated August 6,1975,the County Engineer's
memo dated September 3,1975 and correspondence from the Executive Director
of the Planning Commission dated November 18,1975.The extension of time
.granted for consideration of the plat will.expire on March 30,1976.So ordered.
Extension of Time for Robert Risser:
On a motion by Mr.Herbst and seconded by Mr.Sowers,the Commission voted to
grant a thirty day extension of time for consideration of the plat for Robert
Risser,expiration of which will be February 29,1976.So ordered.
Request from C.And P Telephone Company,Re:Stamping Plats:
The Commission discussed a request from the C &P Telephone Company in regard
to stamping of plats by the Commission staff with a note in reference to
deposits required for underground installation of telephone facilities in
planned subdivisions.
The Commission voted,on a motion by Mr.Sowers and seconded by Mrs.Whitcomb,
to offer the suggestion that rather than the Commission stamping plats,the
telephone company notify developers of these requirements in conjunction with
their review of subdivision plats.So ordered.
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OLD AND UNFINISHED BUSINESS:
Frederick County Planning Meeting:
It was brought to the attention of the Commission that the Frederick County
Planning meeting was scheduled for January 28,the purpose of which is to
discuss similarity of planning activities and possibly scheduling a brief
presentation of procedures which may be of interest to Frederick County.
All members were urged to attend.
Planning Conference:
The Planning Director brought the Commission up to date on activiti~s as
pertains to preparation for the Planning Conference.An outline of the
program agenda and preparation of publicity material was discussed.
SUBDIVISION CONTROL REGULATIONS:
William E.Pennington -Preliminary and Final Approval:
The Commission voted,on a motion by Mr.Sowers and seconded by Mr.Herbst,to
grant approval to the plat for William E.Pennington contingent 'upon :
1.The tracing presented for final signature shall'indicate pit test location.
2.The house should not be located as proposed in the natural drainage swale.
So ordered.
Roy Showalter,Lot #1:
The appiication for Roy Showalter,Lot 1,was brought to the attention of the
Commission in regard to comments of the County Engineer in a memorandum dated
January 7,1976,which expressed serious concerns pertaining to the drainage system.
The Commission voted on a motion by Mrs.Whitcomb and seconded by Mr.Sowers,
to notify the developer of the concerns of the Commission in regard to comments
received to date prior to any action being taken.So ordered.
W.T.Cooper Subdivision (2 Lots):
Following recommendation of the staff in which'it was suggested that-the plat
application be considered under Section 107 due to time lapse involved between
preliminary consultation and actual submission of the drawing as pertains to
Section 405,paragraph 12 (B)of the Subdivision Ordinance,the Commission voted,
on a motion by Mr.Herbst and seconded by Mr.Sowers to authorize preparation
of a plat for consideration based upon the discussion of the staff.It was also
requested that investigation be made of the right-of-way proposed to serve the
lots.So ordered.
Dorine I.Carty Gallion,Lot 5,Request for Extension of Time:
The Commission voted,on a motion by Mr.Sowers and seconded by Mrs.Whitcomb,
to grant a thirty day extension of time for Dorine I.Carty Gallion,Lot 5,
to March 19,1976 by which date the plat will be considered.So ordered.
OTHER BUSINESS:
Plats Approved Under Administrative Policy:
Simplified:Werth-Williamsport Assembly of God -January 7,1976;Clarence
O'Brien -January 16,1976;Brownsville Church -January 16,1976;,James Colpo,J1
January 16,1976.
Development:Unger Lot -January 19,1976.
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Highway Plan Reclassifications:
On a motion by Mr.Sowers and seconded by Mr.Herbst,the Commission voted to
take to public hearing,the recommended changes to the Highway Plan with rhe
foliowing amendments:-
Marsh Pike -Spring Valley Drive to Pennsylvania State Line -Primary to Secondary
under Reclassifications.
-Harpers Ferry Road to Md.Route 67 -Includes reclassification of approach roads.
Brownsville and Mt.Lock Hill Road -Secondary to Local,contingent upon deletion
of Elk Ridge Road,under Reclassifications.
Under Highway Plan Standards:
Include Institutional lot access with COlnmercial and Industrial.
A tentative public hearing date was established for February 9,1976 at 7:00 P.M.
in Court Room #1 for the Highway Plan.So ordered.
MEETING DATES:
A workshop meeting was scheduled for February 9,1976 at 9:00 A.M.
Zoning Map amendments will be considered during the regular meeting of the
Planning Comnlission which is scheduled for February 2,1976 at 7:30 P.M.in
the second floor conference room.
ADJOURNMENT:J:!
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The meeting was adjourned at 2:45 P.M.
February 2,1976
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Donald R.
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Fruslf;Chairman
A regular meeting of the WaShington County Planning Commission was
held in the second floor conference room of the Court House Annex
On Monday,February 2,1976,at 7:30 P.M.
Present were:William E.Dorsey,Vice-Chairman;JohnC.Herbst,Paul
W.Hoffma~,Keller Nigh,David W.Sowers,and Barbara B.Whitcomb.
Also present were Barry A.Teach,Executive Director.
Donald R.Frush,Chairman,attending the meeting late.
The meeting was called tp order at 7:30 P.M.
MINUTES:
On a motion by Mrs.Whitcomb and seconded by Mr.Sowers,the Commission
voted to add in the minutes of January 19 to the motion concerning the
extension of time granted for Van Lear Manor Section 8,that the Plan-
ning Commission suggests a consultation with the Planning Commission
Staff to help expedite the revision.So ordered.
COMMUNICATIONS:
Letter from J.11.Seibert Re:Extension of Time for consideration of
subdivisions for William L.Tritapoe;Jane E.Buhrman
On a mo~ion by Mr.Herbst and seconded by Mr.Hoffman,the Commission
voted to grant thirty (30)day extension of time for consideration of
subdivisions for William L.Tritapoe,and Jane E.Buhrman.So ordered.
Letter from Fox &Associates Re:Extension of time for consideration
of subdivision for Doyle Grove Jr.
On a motion by Mr.Sowers and .seconded by Mr.Hoffman the Commission
voted to approve the request for a thxrty (30)day extension of time
for consideration for the plat for Doyle Grove Jr.So ordered.
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COMMUNICATIONS (CONT'O):.
Inquiry from Milton Yeager Re:Subdivision Requirements
On a motion by Mr.Sowers and seconded by Mr.Herbst the Commission
voted to grant Mr.Yeager's request for private means of access to
serve a proposed subdivision lot,which is developed with a resi-
dence and situated on Mr.Yeager's property off Marsh Pike.The
action was taken in consideration of Seeton 107 of the Washington
County Subdivision Ordinance,and Mr.Yeager's stated intention to
not propose additional subdivisions to be served by a private road.
The motion carried with Mrs.Whitcomb voting "No"..
The Commission informed Mr.Yeager that a subdivision plat for this
conveyance as required by the Washington County Subdivision Ordinance
must be approved by the Commission prior to conveyance of the lot,
and must contain.a notation absolving Washington County from any res-
ponsibility for maintenance or improvement of the private roadway
which serves the lot..'
OLD AND UNFINISHED BUSINESS:
Mr.Teach,Executive Director reported to the Commission that final
copies of the study entitled"Flood Plain Delineation of Major Streams"
as prepared by Fox &Associates were delivered this week to the
Planning office and copies are available.
Areas of 'Critical State Concern:
It was reported that recommendations on the Areas of Critical State
Concern need not be sent to the State until April 1,1977.
Planning Conference
It was reported to the Commission by Barry Te~ch,Executive Director
that the flyers and registration forms were sent out in relation to
the Community Planning Conferepce to be held Saturday,February 28,
and Saturday March 6,1976 at the Hagerstown Junior College.
On a motion by Mrs.Whitcomb and seconded by Mr.Nigh the Commission
voted to pay the registration f~e for those participating on panel
or anyone participating directly with the planning conference.
So ordered.
Comprehensive Plan Revision
A workshop will be held on Monday,February 23,1976 at 7:00 P.M.
in the conference room of the Court House Annex,to discuss the
revision of the Comprehensive Plan.
FY-77 -701 Work Program
On a motion by Mrs.Whitcomb and seconded by Mr.Sowers the Commission
voted to combine Citizen Community Planning and New Community Task Force
and make it Priority 6 on the list for 701 Funding.So ordered.
On a motion by Mr.Sowers and seconded by Mr.Herbst the Commission
voted to adopt the following priorities as Jt relates to 701 funding.
1.Completion of Comprehensive Plan Revision
(All elements)
2.Land Use Control Revision
3.FY 78-83 Capital Improvements Program
4.FY 78 Overall Program Design (OPO)
5.Clearinghouse Review
6.Citizen -Community Planning Organizations
&New Community Task Force
7.Local Planning Services
8.Citizen Participation
9.Housing Inventory -Housing Program and
Plan Element
The Commission requested that the Executive Director prepare a chart
breaking out the legal and other requirements in the work program and
chnw +hnA~~imAtp(t rh~t fOT such elements.
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OLI:l AND UNFINISHED BUSINESS,CONT[):
Highway Plan Amendments -Public Hearing:
On a motion by Mr.Herbst and seconded by Mr.Hoffman the Commission
voted to hold the Public Hearing for the Highw~y Plan Amendments on
April 19,1976.Barbara Whitcomb voting no.So ordered
Park Design:
A brief report was given by Barry Teach on the status of the Halfway
Park .and Pen Mar Park.
Rezoning Cases RZ 135 and RZ 137
On a motion by Mr.Sowers and seconded by Mr.Herbst the Commission
voted to recommend approval to the rezoning case RZ 135 based on a
mistake in the original zoning.So ordered.
On a motion by Mrs.Whitcomb and seconded by Mr.Sowers the Commission
voted to recommend disapproval of RZ 137.Mr.Herbst voting no.Mr.
Nigh abstained..
NEW BUSINESS:
Advisory Board Appointments
On a motion by Mr.Nigh and seconded by Mrs.Whitcomb the Commission
voted to appoint Mr.Joe D.Martin,P.E.,and Mr.Ralph Swager to the
Washington County Planning Commission Advisory Board to fill the first
two vacancies that open on the Board.So ordered.
Potomac National River Bill -Public Hearing
On a motion by Mr.Sowers and seconded by Mrs.Whitcomb the Commission
voted to have Chairman Donald Frush represent the Commission at the
Public Hearing on the Potomac National River Bill to be held in Wash-
ington and for Mr.Frush to approach the County Commissioners for their.
view~So ordered.'
1975 Annual Report
On a motion by Mrs.Whitcomb and seconded by Mr.Hoffman the Commission
voted to approve the Annual Report 1975 ·as written and compiled by the
staff and to send copies of the report to the County Commissioners and
various agencies.So ordered.
FY 1977-82 Capital Improvement Program
Mr.Barry Teach,Executive Director,reported to the Commission that
the forms listing capital improvements have been sent out to the various
agencies and that the report is expected to be completed sometime in
March.
SUBDIVISION CONTROL REGULATIONS:
Preliminary Plats:
Confederate Hills (12 lots)
On a motion by Mr.Sowers and seconded by Mr.Hoffman the Commission
voted to approve the plat for Section A of Confederate Hills with
the stipulation that Articles of Incorporation for Homeowner's Assoc-
iation be provided with the final plat.So ordered.
Daniel Pike
On a motion by Mr.Herbst and seconded by Mr.Sowers,the Commission voted
to approve the subdivision submitted for Daniel Pike,granting a modifi-
cation under Section 107 of the Washington County Subdivision Ordinance.
So ordered.
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'SUBDIVISION CONTROL REGULATIONS CON'T
Preliminary Plats con't:
Charles M.Bowers ( 6 lots)
On a motion by Mr.Sowers and seconded by Mrs.Whitcomb,the Commission
voted to grant preliminary approval to the lots submitted by Charles M.
Bowers and.that a copy of County Engineer's letter;January 30,1976 be
attached to the approval letter with the recommendation that the County
Engineer's conditions be shown on the final plat.So ordered.
Dorine I.Carty Gallion
On a motion by Mr.Herbst and seconded by Mr.Nigh the Commission granted
preliminary approval to the plat submitted by Dorine I.Carty Gallion Lot
5,with the note added on the final plat stating that flares would be
provided.So ordered.
On a motion by Mr.Sowers and seconded by Mr.Hoffman,the Commission
voted for authorization for granting final approval under the admin-
istrative policy at such time that the condition is met.So ordered.
Charles L.Hutson Lot 2
On a motion by Mrs.Whitcomb and seconded by Mr.Sowers the Commission
voted to have the agreement between Hutson and the Washington County
Commissioners be returned to the Commissioners for verification that
the hold harmless agreement covers lot 2,and if the agreement is in
order to authorize granting of approval under the administrative policy
and to require that the agreement be recorded with the plat.So ordered.
Donald Haines (Simplified)(60 day limit)
On a motion by Mr.Sowers and seconded by Mrs.Whitcomb the Commission
voted to disapprove the plat submitted for Donald Haines because it does
not meet the requirements of the Washington County Zoning Ordinance.
So ordered.
It was suggested by the Commission that.the staff point out that a var-
iance from the Board of Zoning Appeals is needed before Subdivision
approval when notifing Mr.Haines of this disapproval.
OTHER BUSINESS
Plats approved under Administrative Policy:
Simplified -Hilda Hoffman,January 20,1976;Daniel Yetter,January 20,
1976;William Pennington Parcel B,January 20,1976;James Colpo,January
22,1976,William Peabody,January 23,1976;Robert Foltz)January 30,1976;
Christian Hawbaker,February 2,1976.
Development:Nellie Bryan on January 27,1976.
MEETING DATES:
Febraury 23,1976 at 7:00 P.M.-Comprehensive Plan Revision Workshop
April'19,1976 -Public Hearing,Highway Plan Amendments .
March 1,1976 -7:30 P.M.-Regular Meeting Planning Commission
ADJOURNMENT:
The regular meeting.of t.he Washington County Planning Commission of
February 2,1976 was adjourned at 11:35 P.M.,.....n,.Ii!vi\l'n I',"~),O.~j(..U ./l.Jvv V
Donaldlr~-Frush,Chai rman
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February 23,1976
A Special Meeting of the Washington County Planning Commission was held on
Monday,February 23,1976,at 7:00 P.M.in the second floor conference room
of the Court House Annex.
Present were:Chairman Donald R.Frush,Paul W.Hoffman,W.Kel~er Nigh,
Sidney Salitsky and Barbara B.Whitcomb.Not present:William E.Dorsey
and John C.Herbst.
COMMUNICATIONS:
Letter from Robert Johnson,Fox and Associates,Re:Extension of Time
for Consideration of Roy Showalter:
The Commission voted,on a motion by Mr.Hoffman and seconded by Mrs.Whit-
comb,to grant a thirty (30)day extension of time for consideration of a
plat for Roy Showalter to March 24,1976,by which time the Commission will
have considered the plat.So ordered.
Letter from Robert Johnson,Fox and Associates,Re:Extension of Time
For Consideration of Spring Valley,Section G:
On a motion by Mrs.lfuitcomb and seconded by Mr.Hoffman,the Commission
voted to grant a thirty (30)day extension of time for consideration of
Spring Valley,Section G,expiration of which shall be March 29.So ordered.
Letter from Robert Johnson,Fox and Associates,Re:Extension of Time for
Consideration of Robert Risser:
On a motion by Mr.Hoffman and seconded by Mrs.Whitcomb,the Commission
voted to grant a thirty (30)day extension of time for consideration of
the plat for Robert Risser,expiration of which shall be March 29,1976.
So ordered.
Letter from Tom Mauk,J.B.Ferguson and Company,Re:Extension of Time
for Consideration of Van Lear Manor,Section 8:
The Commission voted,on a motion by Mr.Hoffman and seconded by Mrs.lfuit-
comb,to grant a sixty (60)day extension of time for consideration of Van
Lear Manor,Section 8,expiration of which shall be April 29,1976.So ordered.
RZ 135 -137:
On a motion by Mrs.Whitcomb and seconded by Mr.Hoffman,the Commission
voted to formally adopt the recommendations made as pertains to RZ
135 -137,and submit those to the County Commissioners for their consider-
ation and action.So ordered.
The meeting was adjourned at 7:25 at which time the Commission convened in
workshop session~The special meeting was reconvened at 10:05 P.M.
PLANNING CONFERENCE:
The Planning Director gave a status report on the preparations being made for
the Planning Conference to be held on Saturday,February 28 and March 6,and
distributed registration forms for use of the Commission members.
AREAS OF CRITICAL STATE CONCERN:
In response to the request of the Department of State Plmlning for an example
of an area to be used in a sample format,the Commission agreed to submit tne
Beaver Creek Fish Hatchery as an example for Washington County.
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AIP/ASPO Planning Conference:
Following a discussion relating to participation of the Planning staff and
Commission members in the National Planning Conference,the Commission voted
on a motion by Mr.Nigh and seconded by Mr.Salitsky that the Executive
Director be authorized to decide on attendance at this conference,based
upon the work program and budget provisions of the Commission.
,So ordered.
National River Bill:
The Chairman brought to the attention of the Commission,a statement to
be presented at public hearing relative to 5-2561,and expressing concerns
relative to management and use of the Potomac River.The Commission
unanimously endorsed presentation of the statement by Chairman Frush and
Commissioner Martin Snook.So ordered.
The meeting was adjourned at '10:35 p.M.
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~~onald 'R.Frush,Chairman
March 1,1976
The Washington County Planning Commission met in regular session on Monday,
March 1,1976 at 7:30 P.M.in the second floor conference room of the Court
House Annex.
Present were:Chairman Donald R.Frush,John C.Herbst,Paul
Keller Nigh,Sidney Salitsky and Barbara B.Whitcomb.Staff:
Director Barry A.Teach and Al'an R.~lusselman.Not present:
William E.Dorsey.
The meeting was called to order at 7:30 P.M.
~lINUTES:
W.Hoffman,W.
Executive
Vice-Chairman
Oola motion by Mr.tIerbstand seconded by Mr.Hoffman,the Minutes of the regular
meeting of February 2,1976 were approved as presented.So ordered.
The Minutes of the special meeting held on February 23,1976 were accepted as
printed on a motion by Mr.Salitsky and seconded by Mr.Nigh.So ordered.
COMMUNICATIONS:
Letter from J.H.Seibert,Re:Extension of Time for Consideration of Plat
for Charles Bowers;Graham and Jacques;William L.Tritapoe:
A thirty day extension of time for consideration of plats was granted'on a motion
by Mr.Nigh and seconded by Mr.Herbst,for Charles Bower?,."hich will expire
April 8,1976;Graham and Jacques,expiration'of which will be Api-ii ~19.,i"976;.ll:"ll"
William L.Tritapoe which expires on April 14,1976,by which dates the.plats Will
have to be considered by the Commission.So ordered.
Robert L.Risser (Professional Office)Preliminary and Final Approval:
Upon review of the plat file information,tte Commission voted,on a motion by
Mr.Herbst,seconded by Mr.Nigh,to grant Preliminary Approval to the plat for
Robert Risser.So ordered.
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.Hoffman,
to grant Final Approval to the plat file.So ordered.
It was suggested that consideration be given to ~mendment of the Water and Sewerage
Plan for extension of water services to this site at such time that they become
available.
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OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
There is nothing new to add to the status of this report.
Areas of Critical State Concern:
Areas of Critical State Concern are being worked into the update of the Compre-
hensive Plan.
Planning Conference:
The Chairman reported that there has been excellent public response to the first
phase of the Planning Conference,held on February 28.The second phase is March 6.
On a motion by Mr.Herbst and seconded by Mr.Hoffman,the Commission voted to
pay luncheon fees for the persons responsible for child care during the Conference
out of the Commission budget.So ordered.
Highway Plan Amendments:
The Chairman brought to the attention of the Commission,the public hearing which
has been scheduled for April 19,in regard to the Washington County Highway Plan
Amendment and pointed out that a meeting and bus tour is being arranged for the
southern part of the County with the park service,County Commissioners ana tne
citizens of that area in consideration of their request.
FY i 77 Work Program:
At the request of the Chairman,the Commission agreed to consider this item of
business later in the meeting.
Minutes of February 2,Correction:
On a motion by Mrs.Whitcomb,and seconded by Mr.Nigh,the Minutes of the meeting
of February 2,1976,were brought back to the attention of the Commission for
consideration of amendment.So ordered.
On a motion by Mrs.Whitcomb,it was requested that the Minutes of February 2,
be corrected under "Inquiry From ~Iil ton Yeager i Re:Subdivision Requirements",
to indicate that Mrs.Whitcomb had cast a negative vote to action taken by the
Conooission,and be so recorded.Mr.Salitsky seconded the motion.So ordered.
NEW BUSINESS:
Advisory Board Appointment:
It was brought to the attention of the Commission by the Executive Director,that
a request had been made·that the southern portion of the Cqunty be represented on
the Advisory Board with the suggestion that Mr.Jesse Weaver be appointed to fill
that post.Having contacted the Chairman of the Advisory Board,the Executive
Director stated that the appointment would be most welcome and that it was also
suggested to enlarge the Advisory Board to include members of the Homebuilder's
Association,Realtors and Engineers.
·The Commission,on a motion by Mr.Nigh and seconded by Mr.Salitsky,voted to
increase the membership of the Advisory Board to twenty-five members to include
representation from the Homebuilder's Association,Realtors,Industrial leaders,
and Engineering Association and to contact these organizations in regard to
submission of names for this purpose.Included in the motion was approval of the
appointment of Jesse Weaver to the Planning Advisory Committee.So ordered.
Policy for Conference Attendance:
Following discussion relative to establishing guidelines as pertains to policy
for Planning Commission and staff attendance at conferences and seminars,the
Commission voted,on a motion by Mr.Salitsky and seconded by Mrs.Whitcomb,to
direct the staff to work out a policy which would permit maximum attendance at
these activities based upon the work element and budget allowance.So ordered;
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SUBDIVISION CONTROL REGULATIONS:
PRELIMINARY PLATS:
Norman A.Halteman (2 Lots):
Upon review of the plat file information and discussion in regard to site distance
and State Highway Administration comments relative to the 50'strip being retained
on the western limits of the subdivision,the Commission voted,on a motion by
Mr.Nigh and seconded by Mr.·Salitsky to ask the SHA to comment further on the plat
and requested that the staff conduct a field trip of the site,based upon the
plat file information and knowledge of the area,and return the information to
the Commission for their earliest possible consideration.So ordered.·
Charles Lloyd Hutson,Lot 2:
Following review of plat file information,discussion of'concerns pertaining to
possibility of well contamination,and the recommendation by the Chair that no
approval of this land be made for human habitation until such time that puhlic
facilities become available,a motion was made by Mrs.lVhitcomb and seconded by
Mr.Salitsky,to disapprove the plat file based upon the information in hand and
under the provisions of Section 303.2 of the Subdivision Regulations.The motion
carried with Mr.Herb~t voting "No."
David J.Negley (Simplified):
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.Hoffman,to
grant approval to the plat file with the stipulation that the final plat ~hall
contain notification referencing the intent and assurance of the owner to transfer'
this parcel only to a member of his .immediate family.So ordered.
FINAL PLATS:
Greenspring Hills:(Replat):
On a motion by Mrs.Whitcomb and seconded by Mr.Salitsky,the Commission voted
to grant approval of the replat of Greenspring Hills.So ordered.
OTHER BUSINESS:
Plats Approved Under Administrative Policy:
Development:
W.T.Cooper,February 3,1976;Jane Buhrman,February 19,1976;Philip Shockey,
February 9,1976;Doyle Grove,February 23,1976;Homes by Phillips -Lot 2,
February 26,1976;Mae E.Miller -Lot 1,February 26,1976;Dorine I.Carty
Gallion Lots,February 27,1976.
Simp lified:
Christian Hawbaker,February 2,1976;J.Maury Werth,February 5,1976;Lohman-
Cline,February 9,1976;Prudence Newman,February la,1976;Earley-Sellers,
February 10,1976;Rowe-Sprecher,February 17,1976;Diversified Properties,
February 18,1976;Haymes -Main,February 20,1976.
Growth Control Concepts:
At the request of the Chairman,this item was added to the Commission agenda,
bringing to the attention of the Commission,an article pertaining to growth
control principals in regard to .the right of the local government to uphold
growth control plans.A general discussion followed pertaining to growth,develop-
ment and preservation of agricultural land.
MEETING DATES:
A workshop meeting on plan revision will be held on Monday,March 15 at 7:00 P.M.
The regular meeting will be AprilS,1976 at 7:30 P.M.
ADJOURNMENT:
The regular meeting was
in executive session to
seconded by Mr.Herbst.
adjourned at
consider the
So ordered.
9:05 P.M.at which time the Commission met
FY '77 Work Program.Motion by Mrs.Whitcomb,
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Don-aId R.Frus'h,Chairman
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March 15,1976
A Special Meeting and workshop session of the Washington C01.Ulty Planning Commis-
sion was held on Monday,March 15,1976,at 7:00 P.M.in the second floor
conferenc0 room of the Court House Annex.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.Dorsey,John
C.Herbst,Paul W.Hoffman,Sidney Sali tsky and Barbara B.Whitcomb.Staff:'
Executive Director Barry A.Teach,Planning Director Alan R.Musselman and James
Witherspoon.Not present:W.Keller Nigh.
The meeting was ,called to order at 7:00 P.M.
MINUTES:
The Commission voted,on a motion by Mrs.Whitcomb and seconded by Mr.Herbst"to
approve the Minutes of the meeting of March 1,1976 as written.So ordered.
ADD TO AGENDA:
On a motion by Mr.Dorsey and seconded by Mr.Hoffman,the Commission voted to
add the following comm1.Ulications to the agenda for consideration:
Letter from Norman L.Naylor -Request for reconsideration of Rezoning Case
RZ-118;Request for an extension of time for Bent Willow,Sections C,D,and E;
Letter from Fox and Associates -Request for withdrawal of Kenilworth Estates;
Letter from the Corps of Engineers -Jellystone Park;Graham and Jacques,2 Lots -
consideration of Preliminary Approval;and,request for Executive Session to
follow the workshop session.So ordered.'
COMMUNICATIONS:
Letter from Robert S.McGarry -Corps of Engineers:
A letter was read from Col.Robert S.McGarry,dated March 12,1976,in regard
to conditions 1.Ulder which issuance of a Department of the Army permit for Jelly-
stone Park would be granted,effective April 1,unless further objections were
raised.
The Commission voted,on a motion by Mr.Dorsey and seconded by Mrs.Whitcomb,to
send a letter to the Corps of Engineers requesting that the provisions of the
permit apply to the entire original acquisition of the First American Land Corp-
oration.So ordered.
Letter from Norman L.Naylor:
A letter was read from Norman L.Naylor,dated March 9,1976,in which it was
requested that consideration be given to reconsideration of Rezoning Case RZ-118.
On a motion by Mrs.Whitcomb and seconded by Mr.Dorsey,the Commission voted to
notify Mr.Naylor that the Commission will reconsider the request for rezoning
after proper filing and under the time limitations provided for in Section 27.6
of the Zoning Ordinance.So ordered.
Letter from Fox and Associates -Re:Extension of time for Bent Willow,C,D &E:
f4~
The Commission voted,on a motion by Mr.Dorsey and seconded by Mr.Herbst,to
grant the request for a thirty day extension of time for Bent Willow,Sections
C,D and E,expiration of which will be April 23,1976.So ordered.
Letter from Willis Weikert,Fox and Associates -'Re:Withdrawal of Kenilworth Est :.
A letter was read from Willis E.Weikert,in which it was requested that Kenil-
worth Estates be withdrawn for consideration due to problems encountered with
the Department of Natural Resources.
The Con~ission voted,on a motion by Mr.Dorsey and seconded by Mr.Hoffman,te
grant the request for withdrawal of Kenilworth Estates as provided for by Section
310 of the Subdivision Ordinance,and requested that it be pointed out that the
concerns of the Commission as pertains to the functi.onal ca.pabilities of Heck Read
will have to be considered if'and \~hen the plat is resubmitted.So ordered.
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COMMUNICATIONS,CONTD:
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Letter from J.H.Seibert -Extension of Time for Consideration of Spring Valley,
Section G:
On a motion by Mr.Herbst,seconded by Mr.Dorsey,the Commission voted to grant
the request for a thirty day extension of time for consideration of Spring Valley,
Section G,expiration of which shall be April 29,1976.So ordered.
Roy Showalter,Lot I -Extension of Time for Consideration:
On a motion by Mr.Herbst and seconded by Mr.Dorsey,the Commission voted to grant
a verbal request by Mr.Showalter for a thirty day extension of time in order that
additional information be supplied the Health Department as pertains to drainage
conditions on lot 1.Expiration of such extension of time will be April 24,1976,
by which time the Commission will be required to consider the plat.So ordered.
SUBDIVISION CONTROL REGULATIONS:
PRELIMINARY PLATS:
Norman A.Halteman,Lots A &B:
Upon review of the plat file ffild noting that the State Highway Administration
had found that the site distance had met requirements for issuance of an entrance
permit for residential development and that staff site inspection revealed that
safety factors would not present a problem,the Commission voted,on a motion
by Mr.Herbst and seconded by Mr.Dorsey to grant Preliminary Approval to the
application.So ordered.
Graham and Jacgues - 2 Lots:
Upon review of the plat file and noting that the Health Department has recom-
mended that Preliminary Approval he granted and that final approval could be
granted contingent upon receipt of the Water Appropriations permit,the Commis-
sionvoted,on a motion by Mr.Dorsey and seconded by Mr.Salitsky to grant
approval to the application.So ordered.
FINAL PLATS:
Crest Valley,Sections B &C:
Upon review of the plat file and noting that the suggestions of the Commission
in regard to additional tests had been conducted to the satisfaction of the
Heal th Department,the Commission voted,on a motion by Mr.Herbst and seconded'
by Mr.Dorsey,to grant Final Approval.So ordered.
ADJOURNMENT:
On a motion by Mrs.Whitcomb and seconded by Mr.Hoffman,the special meeting was
adjourned at 7:45 P.M.The Commission viewed a slide presentation by Barbara
Whitcomb titled "Sink or Swim"prior to convening in workshop session.So ordered.
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Donald ~R.-Trush,Chairman
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The regular meeting of the Planning Commission was held on Monday,AprilS,1976,
at 7:30 P.M.ill 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,W.Keller Nigh,Sidney Salitsky and Barbara B.Whitcomb.
Staff:Executive Director Barry A.Teach,Planning Director Alan R.Musselman
and Assistant Planner Ronald L.Shives.
The meeting was called to order at 7:35 P.M.
MINUTES:
The minutes of the Special Meeting of March 15,1976,were approved as written,
on a motion by Mrs.Whitcomb and seconded by Mr.Salitsky.So ordered.
COMMUNICATIONS:
Thomas Mauk on behalf of Oscar Lohman,Re:Highway Plan:
FollOl~ing discussion of the request from Mr.Mauk as agent for Oscar Lohman for an
exception to the Washington County Highway Plan to permit individual access to
a residential lot onto Route 60,the Commission voted"on a motion by Mrs.Whit-
comb and seconded by Mr.Dorsey,to deny the request,based upon the provisions
of the Highway Plan which do not provide for individual residential lot access
onto primary highways.So ordered.
Nevin Shank:Re:Highway Plan Requirements:
A letter was read from Nevin Shank in which it was requested that an exception to
the provisions of the Highway Plan be granted to provide access to a residential
lot on Marsh Pike to his son.
Following discussion as pertains to alternatives in relation to the existing
farm lane and the provisions of the Highway Plan,the Commission voted,on a
motion by Mrs.Whitcomb and seconded by Mr.Salitsky,to advise Mr.Shank to
arrange a consultation with the staff in regard to redesign possiblities and
present the alternatives to the Commission for their consideration.So ordered.
Letter from Mrs.Seilhamer,Re:Subdivision Requirements:
'The Commission voted,on a motion by Mr.Dorsey and seconded by Mr.Herbst,to
grant the request for use of a private means of access to serve a one lot sub-
division proposed to an immediate family member from the property situated on
Kellen Drive of I'airview Acres subdivision under the provisions of Section 107
of the Subdivision Ordinance.It was requested that a note on the plat be included
to the effect that the County will be absolved from building and maintaining a
road to serve the lot.So ordered.
Letter from J."H.Seibert,Re:Extension of Time for Consideration of
Subdivisions:
On a motion by Mr.Salitsky and seconded by Mr.Dorsey,the Commission voted to
grant a thirty (30)day extension of time for consideration of the following plats:
Spring Valley,Section'G -May 29,1976;Graham and Jacques -May 19,1976;
David Negley -May 23,1976;Charles Bowers -May 8,1976 and Morman Halteman -
May 17,1976.These plats will be considered by the Co~~ission by the dates
indicated.So ordered.It was also requested that the owners of the developments
be advised that an extension was granted at the request of the engineer.
Letter from J.B.Ferguson,Re:Extension of Time for Consideration of
Subdivisions:
The Commission voted,on a motion by Mr.Dorsey and seconded by Mrs.Whitcomb,
to grant a thirty (30)day extension of time for consideration of the following
plats,provided that the owners are notified of same:Church of Jesus Crist of
Latter Day Saints-June 1,1976;Van Lear Manor,Section 8 -May 29,1976;
Skipton Farms,Lot 1,Section C -May 19,1976.The plats will be considered
by the Comnlission by the dates indicated.So ordered.
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William L.Tritapoe,4 Lots -Preliminary Approval:
Following lenghty discussion as pertains to the adequacy of Coffman Road ·and
documentation relative to seepage and sedimentation of the area,the Commission
suggested that Mrs.Tritapoe verbally request an extension'of time for consideration,
in order to permit a field inspection of the area.
On a motion by Mr.Nigh and seconded by Mr •.Hoffman,the Commission agreed to
grant the request for a thirty (30)day extension of time in order to make a
decision based upon the findings of a field trip which will be scheduled as
relates to the adequacy of Coffman Road.So ordered.-
'~_On_a motion by Mrs.Whitcomb and secondeli by Mr.Dorsey,the Commission voted to
invite the Soil Conservation and Washington County Health Department to participate
in the field inspection of the area as pertains to the hydrological conditions of
soils in the,area.So ordered.
On a motion by Mr.Nigh and seconded by Mr.Salitsky,the Commission voted to
place on the agenda under Unfinished Business,an item for discussion in regard to
information contained in the plat file relative to comments of review agencies
and their distribution for information of the developer or o\~er.So ordered.
Bent Willow Farms,Section C,D and E:Final Approval:
Following consideration of minor changes that were made to the plat in consideration of
preliminary review,the Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Dorsey,to grant approval to the plat file contingent upon formal notification
of final approval by the County Engineer.So ordered.
Further,the Commission voted,on a motion by Mr.Herbst and seconded by Mrs.
~bitcomb,that all reference to the fee simple conveyance of right-of way to
Mr.Daugherty be deleted from the plat prior to'final signature.So ordered.
Charles Hutson,Lot 2 -Preliminary·Approval:
Upon review of the plat file information and discussion of the staff report in
regard to hydrological analysis,the Commission voted,on a motion by ~trs.~~it
comb and seconded by Mr.Dorsey to notify the owner of the information contained
:=~~~=.in the plat file and directed that a meetil}g be arrangeci with the appropriate
agencies to discuss ways to resolve the problems on the location to the satis-
faction of the-Health Department.So ordered.
Confederate Hills,Section A (12 Lots)-Final Approval:
Following consideration of plat file information and lenghty discussion in
regard to special provisions for approval,the Commission voted,on a motion by
Mr.Dorsey,seconded by Mrs.Whitcomb,to grant final approval contingent upon
the tracing presented for Commission signature indicating that the Homeowner's
Association is to be established at the subdivider's request,and is not a re-
quirement of the Planning Commission.So ordered.
NEW BUSINESS:
Huyett Park -Mobile Home Park:
Mr.Hawbaker appe:ared before the Commission in regard to a site plan application
for Huyett Park which had expired prior to reports being received from the
State Highway Administration and Washington County Sanitary Commission.
The Commission voted,on a motion by Mr.Nigh and seconded by Mrs.Whitcomb,to
disapprove the site plan in view of the fact that these approvals have not
been received,and directed that at such time the information is forthcoming,that
site plan consideration shOUld appropriately be handled administratively.So ordereo
Circuit Court Decision -Robert Longnecker:...
In a separate matter,the COnuI'1ss10n was advised of action taken in the case of
a mobile home in a RR District in which the appellant charged an administrative
error·and the case referred to the Board of Appeals.FollOldng Board of Appeals
findings.which upheld the Administrative decision,the caSe was then filed in
Circuit Court,which overturned the Board of Appeals decision.Mr.Hawbaker
..x:eco!Jlmended that the case be heard.by the C:ol1rt of Anneals in Annapolis and
requested that rronies be made available to do so.The Commission agreed to request
the CountyCommiss:lol\ers to approve the utilization of the.necessary monies to
reler the ms e to the Court of Appeals.
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NEW BUSINESS,CONTD:
Advisory Board Appointments:
The Commission voted,on a motion by Mrs.Whitcomb and seconded by Mr.Dorsey,
to appoint J.Maury Werth,Judy Cline,and William J.Troup to the Advisory
Board to the Planning Commission.So ordered.
OLD AND UNFINISHED BUSINESS:
In view of the late hour,the Chairman requested a delay in consideration of Old
and Unfinished Business until the next workshop meeting.So ordered.
SUBDIVISION CONTROL REGULATIONS:
PRELIMINARY PLATS:
Fairplay Farms,Section B.Replat (22 Lots):
The Commission voted,on a motion by Mr.Dorsey and seconded by Mr.Salitsky,to
grant withdrawal of Fairplay Farms from consideration under Section 310 of the
Subdivision Ordinance to allow for additional information to be included from the
Health Department.So ordered.
Clifton Churchey,Lot 2:
Noting that the proposed subdivision in conjunction with Lot 1,which was previously
approved,creates an additional lot which is physically separated from the original
tract of land,the Commission voted,on a motion by Mr.Dorsey and seconded by Mr.
Salitsky,to notify the developer that the portion of the property immediately north
of the lot,bounded on the north and east lot lines of Lot 2 and Churchey Road,is
not to be considered a buildable lot as it does not meet minimum zoning lot size
requirements.A note to this effect is to be added to the plat of lot 2.Also,
the Conmission stipulated that the owner be notified of this action by registered mail.
So ordered.Mrs.Whitcomb voted,"No".
Roy M.Showalter,Lot 1 For Preliminary Approval:
Upon review of the plat file and noting that the Health Department had requested ad-
_ditional information which has since been provided and consequently approved by that
Department,the COlnmission voted,on a motion by Mr.Herbst and seconded by Mr.
Dorsey to grant approval.So ordered.
Floyd Shrader,3·Lots:For Preliminary Approval:
Upon review of the plat file information and noting that access to these lots was
previously approved by the Commission under Section 107 of the Subdivision Ordinance,
the Commission voted,on a motion by Mr.Herbst and seconded by Mr.Dorsey,to
grant Preliminary Approval subject to:
1.Final Plat shall contain information specified in County Engineer's memo dated
February 24,1976 (attached by reference to the plat file).
2.Final plat must contain statement referencing lot conveyance to immediate
family member.
3.It is recommended that the subdivider be notified in writing that consideration
should be given to providing a turn-around at the end of the private road to provide
for emergency vehicles.So ordered.
K-Mart Valley Plaza -Replat:For Final Approval:
Upon review of the plat file and noting that all conditions of approval have been
n~t,the Con~ission voted,on a motion by Mr.Herbst and seconded by Mr.Hoffman,
to grant Final Approval.So ordered.
OTHER BUSINESS:•
Plats Approved Under Administrative Policy:
Simplified:David Negley,March 4,1976;Cora Charlton,March 8,1976;Masqn-Snyder,
March 8,1976;Shirley-Short,March 12,1976;SUlnan-Short,March 12,1976(.Blank-
Holmes,March 12,1976;Werth-Williamsport Assembly of God,March 19,1976(Haynes-
Miles,March 24,1976;Roelky-Kaylor,March 24,1976;Ruth Carroll,March 26,1976;
Dodson-Barnhouse,March 30,1976;"Koontz Lands,March 31,1976;Price Farms,April
1,1976;Eckard-Martin,April 5,1976.
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OTHER BUSINESS,CONTD:
Plats Approved Under Administrative Policy:
Development:J.Marvin Farrow,March 8,1976;William Alvey Reid,Lot 1,March 24,
1976;Ira Pike,Lot A,March 24,1976;Charles Rankin-Loll,March 24,1976;
Marlin Martin,March 31,1976.
MEETING DATES:
Monday,April 12,Workshop on Plan Revision.Monday,April 19,Public Hearing on
Highway Plan amendment.Monday,May 3,Regular Meeting.A workshop meeting for
consideration of plan revision was scheduled for April 26.
..ADJOURNMENT:
The meeting was adjourned at 11:05 P.M.
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Donald R.Frush,Chairman
The regular meeting of the Washington County Planning Commission was held on Monday,
May 3,1976,at 7:30 P.M.in the second floor conference room of the Court House
Annex.
Present were:Vice-Chairman William E.Dorsey,John C.Herbst,Paul W.Hoffman,
Sidney Salitsky and Barbara B.Whitcomb.Not present:Chairman Donald R.Frush
and W.Keller Nigh.Staff present were:Executive Director Barry A.Teach,Planning
Director Alan R.Musselman and Assistant Planner Ronald L.Shives.
The meeting was called to order at 7:30 P.M.by Mr.Dorsey,who Chaired the meeting.
Minutes:
The minutes of the regular meeting of April 5,1976 were approved as presented,on
a motion by Mrs.Whitcomb and seconded by Mr.Salitsky.So ordered.
At the request of the Chairman,the Commission voted,on a motion by Mr.Herbst and
seconded by Mr.'Salitsky,to add to the agenda under New Business,staff comments
relative to the proposed Zoning Ordinance for the City of Hagerstown.So ordered.
COMMUNICATIONS:
Inquiry from Edward M.Cline,Re:Highway Plan:
Mr.Roy E.Fogle appeared before the Commission requesting that the Commission give
consideration to the use of a private right-of-way as means of access to a lot
which is proposed to be conveyed to Edward M.Cline,situated off Route 66.
On a motion by Mr.Herbst,and seconded by Mr.Salitsky,the Commission voted to
approve the use of the private right-of-way under the.provisions of Section 107
of the Subdivision Ordinance as means of access to one lot only,and advised Mr.
Fogle that he should proceed with preparation of a plat in accordance with the
regulations outlined in the ordinance.So ordered.
Inquiry from Mrs.Riemensnider,Re:Subdivision Ordinance:
Based upon limited information ;leing'provided'Ime!the absence of the person making the
request,the Commission voted,on a motion by I·Ir.Herbst and seconded by Mr.Salitsky,
to defer action until such time that necessary details are provided.It was requested
that the owner be notified that request should be made for inclusion on the next
Planning Commission agenda.So ordered.
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Letter from J.H.Seibert,Request for Extension of Time for Consideration of Plats:
Charles M.Bowers ~.Extension of Time:
The Commission voted,on a motion by Mr.Hoffman and seconded by Mrs.Whitcomb,to
grant the request for a thirty (30)day extension of time to Charles M.Bowers,to
June 8,1976,by which time the Commission will consider the plat.So ordered.
Spring Valley,Section G -Extension of Time:
Noting that three previous extension of time requests had been granted because of
no Health Department Approval,the Commission voted on a motion by Mr.Herbst and
seconded by Mr.Salitsky,to grant a fourth extension for a thirty (30)day period
which will expire on June 29,1976.The motion carried with Mrs.Whitcomb voting "No."
So ordered.
J.B.Ferguson.and Comoany -Reouest for Extension of Time for Consideration of
Van Lear Manor,Section 8:
Upon review of the request for a sixty (60)day extension of time for consideration
of Section 8 of Van Lear Manor for the purpose of providing additional information
to the Health Department,the Commission,noting that several extensions had previously
been granted,voted on a motion by Mr.Salitsky and seconded by Mr.Hoffman,to
notify the developer and engineer that a ten (10)day extension will be granted to
expire on June 8,1976,by which time the plat will be considered.So ordered.
J.H.Seibert -Request for Extension of Time for Consideration of Plat for
David G.Negly:
The Commission voted,on a motion by Mr.Salitsky and seconded by Mr.Herbst,to
grant the request for a thirty (30)day extension of time for consideration of a
plat for David G.Negly,expiration of which will be June 23,1976.So ordered.
Thomas Mauk,J.B.Ferguson and Company -Request for Extension of Time for
Consideration of Plat for Church of Jesus Christ of the Latter Day Saints:
The Commission voted,on a .motion by Mr.Herbst and seconded by Mr.Salitsky,to
grant the request for a sixty (60)day extension of time for consideration of the
plat for the Church of Jesus Christ of the Latter Day Saints,expiration of which
will be August 1,1976,by which time the Commission will consider the plat.So
ordered..
PRELIMINARY PLAT:
William L.Tritapoe (4 Lots):
In reviewing previous Commission action in regard to the subject plat,it was pointed
out that the Commission did make a field trip to the area this date,accompanied by
representatives from the Health Department and the Soil Conservation District.It
was the concensus of these agencies that as a result of pit tests conducted,there
would be no problem due to the condition of the soils and slope of the area.
Following a lengthy discussion as pertains to the adequacy of Coffman Road to serve the
area,and five minute recess which was requested by motion of Mrs.Whitcomb and supported
by Mr.Salitsky,the Cow~ission reconvened and the following action was taken:
Since it is recognized that one of the p,imary aims of ~he Comm~ssion is preservation of
prime agricultural lands,which the subject property is not,and recognizing the in-
adequacy of Coffman Road which it is felt can be improved to minimal standards with
a minimum of expense,the Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Hoffman,to approve the subdivision.So ordered.
After further discussion,the Commission voted,on a motion by Mrs.Whitcomb and
supported by Mr.Salitsky,to bring to the attention of the County Commissioners,the
concerns of the Commission relative to rural roads and the preservation of agricul-
tural lands,and in particular the condition of Coffman Road,with the recommendation
that it be included in the six year needs study of the Capital Improvement Program
for improvement to minimal standards,in order to best serve public interests.Motion
carried.
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FI~AL PLAT:
William L.Tritapoe (4 Lots):
On a motion by Mr.Herbst and seconded by Mr.Hoffman,the Commission voted to grant
Final Approval to the plat of four lots for William L.Tritapoe.So ordered.
PRELIMINARY PLAT:
Homes by Phillips (Replat):
It was noted that this subdivision is within a few hundred feet of the preceding plat
and pointed out that this application shall be handled administratively.
FINAL PLATS:
Graham and Jacques,Lots A and B:
It was brought to the attention of the Commission that verbal aPproval of the Health
Department has been granted contingent upon receipt of a well appropriations permit
from the Department of Water Resources,which is also the case in other plats being
processed.It was pointed out that the length of time involved in order to receive
these permits is causing undue delay and hardship to the developer,and recommended that
inquiry be made to that department in an effort to expedite the process of review at
the State level.
On a motion by Mrs.Whitcomb,and seconded by Mr.Salitsky,the Commission voted to
prepare an inquiry to the Department of Natural Resources for the signature of the
Commission Chairman,in regard to the reason for what is felt to be an unusual
delay and hardship in the issuance of water appropriation permits,with a copy to
the County Commissioners.So ordered.
The Commission voted,on a motion by Mrs.Whitcomb and seconded by Salitsky,to
grant final approval to the plat file contingent upon the Chairman's signature
being withheld until such time the permit is received and plat signed by the Health
Department,and the parcels be properly marked C and D on the appropriate parcels,
and properly indicated that parcel B was approved on the same date as parcel A,
which was ,December 15,1975.So ordered.
Norman Halteman,Lots 1 and 2:
Upon review of the plat file,the Commission voted,on a motion by Mrs,Whitcomb and
seconded by Mr.Salitsky,to grant Final Approval contingent upon Health Department
approval being received prior to signature by the Commission Chairman.So ordered.
LuRose Estates (Replat):
On a motion by Mr.Salitsky and seconded by Mr.Hoffman,the Commission voted to
grant final approval to the replat for LuRose Estates,which consists of minor
changes in lot lines for relocation of the roadway in keeping with the request of
the County Engineer.So ordered.
NEW BUSINESS:
Proposed Zoning Ordinance -City of Hagerstown:
It was brought to the attention of the Commission that staff comments relative to the
proposed Zoning Ordinance for the City of Hagerstown had been submitted
.and pointing out that due to limited time available,thesecolI'ments did -nof""represent
the Commission's position and may be subject to change.
The Commission will be prepared to make some formal recommendations in regard to
the proposed Ordinance prior to the hearing held by the Mayor and Council of
Hagerstown,
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OTHER BUSINESS:
Plats Approved Under Administrative Policy:
Simplified:Fred Drury,April 6,1976;Hartle-Hull,April 27,1976;Glenn Willard,
April 27,1976;and Joseph Forsyth,April 30,1976.
Development:Clinton Rutherford,April 8,1976;Caroline Palmer,April 15,1976;
Skipton Farms,Lot 1,Section C,April 23,1976;Paradise Homes,Lot D-26,April 26,
1976;Karin H¢stmaeliugen,Lot A,April 27,1976;Willard Custer,April 27,1976;
Clifton Churchey,Lot 2,April 27,1976;and Joseph Forsyth,Lot 1,April 29,1976.
Issue Analysis Papers:
A list of the Issue Analysis papers which are being prepared in preparation for
the update of the Comprehensive Plan were distributed for the information of the
Commission.It was noted that Low and Moderate Income Housing has been completed
also and under incomplete,Accessibility Parameters,was added.It was reported
that the staff is approximately halfway through the process of producing the policy
formulation papers.
OLD fu~D UNFINISHED BUSINESS:
Flood Plain Studies:
OJ~There is no new report on the status of Flood Plain Studies.
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It was reported that a sample nomination has been submitted to the State using .the
Beaver Creek Trout Hatchery which will be distributed to various counties as an
example for their use,and is not a formal recommendation as an Area of 'Critical
State Concern.
FY '77 Work Program:
It was reported that nothing has yet been heard from the State as to when the
Commission is expected to submit the application for 701 monies.
Capital Improvements Program:
It was reported that the Capital Improvements Program will be ready for review in
draft form as soon as the recommendations for projects are received from the City
of Hagerstown.
Highway Plan Amendments:
A public hearing has been held for nroposed Highway Plan amendments,and a workshop
is required to consider the transcript and comments submitted.
MEETING DATES:
MondaY,May 10,Public Hearing on Rezoning Cases in Court Room #1 at 7:00 P.M.
TUesday,May 25,Meeting with residents of Southern Washington County.
The County Commissioners will consider the Commission budget on Tuesday,May 11,
at 9:00 A.M.
A workshop for consideration of the Capital Improvements Program,Issue Papers,
and the Highway Plan was established for May 17 and May 24.
ADJOURNMENT:
The Con@ission voted to adjourn the meeting at 9:35 P.M.on a motion by Mr.Herbst,
seconded by Mrs.~bitcomb.So ordered.
l)~.~fJf:~Donald R.Frush,Ch~a~ir~m~a=n~-------
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A Special Meeting of the Washington County Planning Commission was held on Thursday,
May 27,1976,in the conference room of the County Office Building at 9:00 A.M.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.Dorsey,Terrance
W.Bache,John C.Herbst,Sidney Salitsky and Barbara B.Whitcomb.Not present:
W.Keller Nigh.Staff Members:Executive Director Barry A.Teach,Assistant Plan-
ners Robert B.Garver,Ronald L.Shives,Thomas Van Dyke and James B.Witherspoon.
The meeting was called to order at 9:16 A.M.
COMMUNICATIONS:
Letter from J.H.Seibert,Re:Extension of Time for Consideration of a plat
for Charles M.Bowers:
The Commission voted,on a motion by Mr.Salitsky and seconded by Mrs.Whitcomb,to
grant the request for a thirty (30)day extension of time for consideration of a plat
for Charles M.Bowers,expiration of which will be July 8,1976.So ordered.
Letter from Thomas Mauk,J.B.Ferguson and Company,Re:Extension of Time for
Consideration of plats for Fairplay Farms,Section B,and Van Lear Manor,Section 8:
Fairplay Farms,Section B (Replat):
The Commission voted,on a motion by Mr.Bache and seconded by Mr.Herbst,to grant
a thirty (30)day extension as requested,expiration of which shall be July 12,
1976.So ordered.
Van Lear Manor,Section 8:
On a motion~bY-Mrs.Whitcomb,and seconded by Mr.Bache,the Commission voted
to grant a six~(6)day extension of time to June 14,1976,by which time the Com-
mission will consider the plat.So ordered.
SUBDIVISION CONTROL REGULATIONS:
PRELIMINARY PLATS:
Charlton Acres,Section 2 (9 Lots):
Upon review of the plat file and staff report,the Commission voted,on a motion by
Mr.Herbst and seconded by Mr.Salitsky,to grant Preliminary Approval to Section
2 of Charlton Acres,and at the same time recognizing the iradequacy pf Bower Avenue,
and recommending that it be added to the the six year needs study of the Capital
Improvements Program,for improvement to minimim standards.So or4ered.
Charlton Acres,Section 2 (9 Lots)For Final Approval:
Noting that the staff can prepare the plat for final signature by the Commission
Chairman if there are no changes from the plat which received Preliminary Approval,
the Commission voted to grant Final Approval on a motion by Mr.Herbst and seconded
by Mr.Salitsky.So ordered.
Spring Valley,Section G (21 Lots):
Upon review of the plat file information and noting that it is documented that the
subdivision does not lie within the flood plain,the remainder of land olV1led by
the developer is not planned for development because it does lie within the flood
plain,and that the high water table is not purported to be a problem as evidenced
by pit tests which have been conducted,the Commission voted,on a motion by Mr.
Herbst and seconded by Mr.Bache,to grant ~Preliminary Approval.So ordered.
ELECTION OF OFFICERS:
On a motion by Mr.Salits~y and seconded by Mrs.Whitcomb,the Commission deferred
action on election of Commission officers until the June meeting due to time
limitations.So ordered.
Policy on Recommendations to County Commissioners:
On a motion by Mr.Herbst and seconded by Mrs.Whitcomb,it was voted that the
position of the Commission shall be presented in accordance with all Ordinance
requirements.If there is a minority position,then said minority opinion shall
be addressed and identified as a minority report and attached to all recommendations
that are submitted to the County Commissioners.So ordered.
On a motion by Mr.Herbst and seconded by Mr.Salitsky,the Commissicnvoted that
a staff recommendation on Rezoning Cases not be made until such time as the record
of the public hearing on that case has been closed.Staff reports will now iridicate
this under the Section titled Recommendation.So ordered.
REZONING CASES 138-143:
RZ-138:
On a motion by Mr.Herbst and seconded by Mr.Salitsky,the Con@ission voted to
disapprove the application and to advise the owner that the area of land bounded
by White Hall Road,Old Route 64,Route 64,and the Western Maryland Railroad,
would serve as a more logical basis for requesting reclassification.Upon proper
filing,such application could be considered by the Commission but does not
necessarily constitute a favorable recommendation by the Commission should such
an application be filed.So ordered.Mr.Bache cast a negative vote to the motion.
OJ2:J RZ-140:
23 On a motion by Mr.Herbst and seconded by Mr.Bache,the Commission voted to approve
C.':J the application based upon a mistake in the original zoning.Mr.Dorsey voted "No",
based upon the application not being in keeping with the mistake rule in the IG
District,which adjoins.So ordered.
RZ-14l:
On a motion by Mrs.Whitcomb and seconded by Mr.Herbst,the Commission voted to
approve the application based upon a mistake in the original zoning.So ordered.
RZ-142:
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.Salitsky,to
:approve the application based upon a mistake in the original zoning.So ordered.
RZ-143:
On a motion by Mrs.Whitcomb and seconded by Mr.Salitsky,the Commission voted to
disapprove the application,and noted that the application was not properly worded.
So ordered.
ADJOURNMENT:
The Con@ission adjourned the special meeting and proceeded with review of the issue
papers in workshop session.
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"DonaldR.-Frush-;-thairman-
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'The Washington County Planning Commission met ina Special Meeting on Monday,
.~.._.._._..__.June 14,1976 at 4:00 P.M.,in the Conference Room of the Court House Annex.
The special .meeting ~as called to order at 4:22 P.M.with the following Com-
mission members and staff present:
Chairman Donald R.Frush,Vice-Chairman William E.Dorsey,Terrance W.Bache,
W.Keller Nigh,Sidney Salitsky and Barbara B.Whitcomb.Mr.Herbst arrived at
7:35.Staff:Executive Director Barry A.Teach,Planning Director Alan R.
Musselman,Assistant Planners James B.Witherspoon and Ronald L.Shives.Also
present were:Zoning Administrator Jack S.Hawbaker and Chairman of the Advisory
Committee William E.Wolford.
ZONING.TEXT AMENDMENTS:
Section 19.7:
Pointing out that the requirements of the Zoning Ordinance in regard to lot area,
lot width,and yard requirements as pertains to Highway Interchange is in need
of clarification,Mr.Hawbaker requested the Commission to consider the estab-
lishment of criteria for the types of development that can be placed in the
Highway Interchange District.
On a motion by Mr.Dorsey and seconded by Mrs.Whitcomb,the Commission voted to
direct the Zoning Administrator to meet with the Planning Staff and bring a
proposal for the establishment of such criteria back to the Commission for their
consideration at the next meeting.So ordered.
Section 22.12:
The Commission voted,on a motion by Mr.Dorsey and seconded by Mr.Salitsky,
to approve the recommendation for amendment of the text for Section 22.12 ,
to be taken to public hearing as proposed.So ordered.
Section 23.4:
On a motion by Mr.Dorsey and seconded by Mrs.Whitcomb,the Commission voted
to adopt the recommendation for the deletion of the words "or observation"from
Section 23.4,paragraph (a),to be taken to public hearing.So ordered.
Section 6.4:
On a motion by Mr.Dorsey and seconded
to adopt the change on page 18,of the
23.3 in regard to height regulations.
Rezoning Cases -140-141:
by Mr.Salitsky,
Zoning Ordinance
So ordered.
the Commission voted
to read 23.4 instead of
On a motion by Mrs.Whitcomb and seconded by Mr.Salitsky,the Commission voted
to reconsider previous action taken on Rezoning Case 138.So ordered.
Following lengthy discussion,the Commission voted,on a motion by Mrs.Whitcomb'
and seconded by Mr.Salitsky,to disapprove RZ-138,based upon _
there being no mistake in the original zoning,and no change in the neighborhood,
and to forward such recommendation to the County Commissioners for their consider-
ation.The motion carried with Mr.Bache voting "Nay".
RZ-141:
In clarification of previous action,the Commission stipulated that it should
be stated in the recommendation to the County Commissioners,that the application
was approved based upon a mistake in the originial zoning in that the existing
business had been established well before the adoption of the Zoning Ordinance,
and that it is not inconsistent with the existing uses of the area.
RZ-140:
In clarification of previous action,the Commission added to the recommendation to
approve the application,the reason that there had been a service station on the
property,was bounded by industrial uses and that therefore was a mistake in the
original zoning.
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MINUTES:
COMMUNICATIONS:
Letter from Oscar Lohman,Re:Highway Plan:
Following reconsideration of the request for an exception to the provisions of
the Washington County Highway Plan so as to permit individual residential lot
access onto Route 60,the Commission voted,on a motion by Mrs.Whitcomb and
seconded by Mr.Salitsky to reaffirm it's action of April 5,1976 to deny
the request based upon said provisions of the Highway Plan relative to access
onto primary highways.So ordered.
Letter from Ralph Donnelly,J.B.Ferguson Engineering,Re:Van Lear Manor,
Section 8:
The Commission voted,on a motion by Mr.Nigh and seconded by Mr.Dorsey,to
grant the request of Mr.Donnelly,as agent for the applicant,to withdraw
Van Lear Manor,Section 8,from consideration by the Commission under the
provisions of Section 310 of the Subdivision Ordinance.So ordered.
Letter from J.H.Seibert -Extension of Time:
On a motion by Mrs.Whitcomb and seconded by Mr.Dorsey,the Commission voted
to grant a thirty (30)day extension of time for consideration of the following
subdivisions:
Hubbard Acres -Extension granted to July 27,1976.
Fern Staley,Lot 1 -Extension granted to August 3,1976.
John ,Roberts,Lot 1 -Extension granted to July 20,1976.
David Negley,Lot 1 -Extension granted to July 23,1976.
South End Development Company -Extension granted to July 26,1976.
So ordered.
Letter from John D.Flook,Re:Highway Plan:
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The Commission voted,on a motion by Mr.Salitsky and seconded by Mrs.l~litcomb,
to grant the request for one point of access onto Harpers Ferry Road to jointly
serve two lots which Mr.Flook proposes to convey,and advised that he should
now proceed with preparation of a subdivision plat to meet the requirements of
the Subdivision Ordinance.So ordered.
Inquiry from Belvin Mann,Re:Subdivision Requirements:
Noting that Mr.Mann had previously been granted approval for'four lots by
means of a private road,the Commission voted,on a motion by Mrs.Whitcomb
and seconded by Mr.Bache,to deny the request to provide access by means of
a private road to three lots situated off Exline Road under the provisions
of Section 405,paragraph 12B of the Subdivision Ordinance,and advised Mr.
Mann to consult with the staff to discuss possible alternatives for develop-
ment of the property.So ordered.
Inquiry from Donald DeBold,Re:Highway Plan:
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.Salitsky,
to grant the request for onodification from the requirements of the Washington
County Highway Plan so as to permit individual lot access onto Route 40,which
is proposed to be conveyed to a member of the immediate family,under the pro-
visions of Section 107 of the Subdivision Ordinance,and advised that a plat
should be prepared for Commission consideration.So ordered.
1"8;;]"
Request from J.B.Ferguson Engineering Company,Re:Extension of Time for
Arthur Nichols:
The Commission voted,on a motion by Mrs.Whitcomb and seconded by Mr.Salitsky,
to grant a request for a thirty (30)day extension of time for consideration
of the plat for Arthur Nichols,expiration of which shall be July 21,1976.
So ordered.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
The_,Chairman brought to the attention of the Commission that one draft_copy of
_____the Conococheague Creek Preliminary Corps Inventory Plan,had been submitted to
him for the information and use of the Commission only,and is not for public
release.
Areas of Critical State Concern:
There is no new report.
Policy for Conference Attendance:
On a motion by Mrs.Whitcomb and seconded by Mr.Salitsky,the Commission voted
to adopt the Policy for Conference Attendance,as amended,dated AprilS.So ordered.
Highway Plan Amendments:
At the suggestion of the Chairman,consideration of the Highway Plan Amendments
as pertains to the record of the public hearing and comments received,were
delayed until a later time.
Water and Sewerage Plan Amendments:
The Executive Director reported that the Water and Sewerage Plan amendments,
which were adopted by the County Corrooissiouers in December and submitted to
the State in February,now required changes as specified by new regUlations
recently adopted by the State.
On a motion by Mr.Nigh and seconded by Mr.Salitsky,the Commission voted to
hold the recommendations from the State until the 201 Facilities Plan is com-
..pleted and that it all be incorporated in the new Plan update.The motion
carried with Mrs.Whitcomb voting "No".It was requested that the Executive
Director prepare a chronological order of events as pertains to the the".State's
requirements for acceptance of the 1975 update of the Water and Sewerage Plan,
for the information of the Commission.
Election of Officers:
The Chairman requested that nominations be made from the floor for the selection
of officers to serve the Planning Commission,as required by 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.Salitsky.There being no further nominations
for the office of Chairman,the nominations were closed on a motion by Mr.
Salitsky and seconded by M~s.Whitcomb.So ordered.
On a motion by Mr.Salitsky and seconded by Mrs.Whitcomb,Mr.Dorsey was
nominated to serve as Vice-Chairman of the Commission.There being no other
nominations from the floor,the nominations for the office of Vice-Chairman
were closed on a motion by Mr.Bache and seconded by Mr.Salitsky.So ordered.
On a motion by Mr.Dorsey and seconded by Mr.Salitsky,the Commission voted to
appoint Marion Snyder as Secretary-Treasurer of the Commission for the ensuing
year.So ordered.
Each of the officers so elected and appointed being present,the terms of
office were therefore accepted.
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On a motion by Mr.Salitsky and seconded by Mrs.Whitcomb,the Commission
voted to recess for a period of 30 minutes.So ordered.
The Commission reconvened at 7:30 P.M.
NEW BUSINESS:
Plats Approved Under Administrative Policy:
Simplified:'
Richard Tedrick,Parcel A -May 6,1976;Richard Tedrick,Parcel B -May 6,
1976;Carroll Spitzer -May 13,1976;Robert Hoffman -May 17,1976;Harry
Cosey -May 17,1976;John Keely -May 28,1976;H¢estmaelinger to Miller
June 10,1976;James Fisher -June 10,1976;Irma Kline -June 11,1976;
Elizabeth Werth -June 11,1976.
Development:
John C.Knepper -May 5,1976;Homes by Phillips,Lot A -May 5,1976;Charles
Taylor -May 6,1976;James Rosenberry -May 12,1976;Kenneth Lang -May 14,
1976;Karin H¢estmaelinger,Lot B -May 24,1976;Kenneth Hartman -May 24,
1976;Jane Bugrman,Lot 2 -May 24,1976;Larry Myers,Lot 1 -May 24,1976;
Charles Snyder -May 24,1976;Paul Shade,Lot 3,Section A -May 27,1976;
George Beaker -May 28,1976;Chester Sollenberger -June 2,1976;Philip S.
Petry,Lot 2 -June 3,1976;Antietam Cable TV -June 8,1976;James Gochenour,
Parcel A -June 10,1976;Madge Carter,Lot 3 -June 11,1976.
A.!.P.Dues:
On a motion by Mr.Salitsky and seconded by Mrs. Whitcomb,the Commission
voted to approve the request for payment of dues to the American Institute
of Planners for two persons at a cost of $7~.00 each.So ordered.
Printing Contract:
The Executive Director brought to the attention of the Commission that printing
was required in the update of the Comprehensive Plan,and that quotations were
solicited from various printing firms in the area,with the firm of Creative
Printing submitting the low bid price of $1,555.73.
The Commission voted,on a motion by Mrs.Whitcomb and seconded by Mr.Bache,
to award .the project for plate preparation and printing to ASC Creative Printing,
Inc.,in accordance with the low bid price which was submitted.So ordered.
SUBDIVISION CONTROL REGULATIONS:
PRELIMINARY PLATS:
Lewis A.Schnebly,Lots A and B:
Noting that all the information contained in the plat file had been read and
duly considered,the Commission voted to grant Preliminary Approval to the
application on a motion by Mr.Nigh and seconded by Mr.Herbst.Question on
the motion was called.TIiere being no negative votes th t', d,e rno 10n carr1e .
Elmer Davis,Lot 1:
Mr.Moser appeared before the Commission with the request that the particulars
of his case be brought to their attention with the view of obtaining r{''lief
from the requirements of the Zoning Ordinance as pertains to his purchase of
a lot,which was ascertained to be a buildable lot by his agent thro~gh inquiry,
but upon application for a permit was found to be in a BG District in which
dwellings are not permitted.Stressing extreme hardship in that he had pur-
chased the lot to be,more accessible to an invalid relative,Mr.Moser asked
direction in the matter.
Following lenghty discussion of all aspects of the case,the Commission voted,
on a motion by Mr.Nigh and seconded by Mr.Salitsky,to direct the Executive
Director to meet with Mr.MOser,and all agencies involved in seeking all
possible alternatives under the provisions of the existing Ordinances.So
ordered.
'0
National Builging Leasing:
Upon review of the plat file,the Commission voted,on a motion by Mr.Herbst
and seconded by Mr.Salitsky,to grant Preliminary Approval.So ordered.
The Commis~ion voted,on a motion by Mr.Bache and seconded by Mr.Herbst,
to grant Final Approval to the plat file.So ordered.
A.I.P.Dues:Amendment to Motion:
On a motion by Mr.Salitsky and seconded by Mrs.Whitcomb,the Commission
amended their previous motion as pertains to A.I.P.dues,to include three
staff members instead of the two previously approved.So ordered.
,Dorine I.Carty Gallion:
On a motion by Mrs.Whitcomb and seconded by Mr.Salitsky,the Commission
voted to deny plat approval in accordance with the provisions of Section
401,paragraph 2 of the Subdivision Ordinance,and 'to notify the owner
that preliminary consultation would be required prior to any additional
subdivision of this tract pursuant to Section 302 of the Subdivision Ordinance.
So ordered.
Charles Hutson,Lot 2:
Noting that the application had been previously been disapproved by the Commission
on March 1,1976,and had since been further reviewed in regard to the condition
of the soils and a sink hole in the area by the Health Department,Soil Conser-
vation District and the Commission staff,the Commission voted to grant approval
on a motion by Mr.Herbst and seconded by Mr.Salitsky,subject to the following:
1.Hold Harmless agreement shall be filed with the deed of conveyance for
this lot.
2.Drain system to be installed as suggested by the Soil Conservation District
by letter dated June 2,1976,(Copy attached by reference to the plat file.)
with the exception of the waiting period.So ordered.
Jesse Davidson:
Noting that conditional approval had been granted-by the Health Department and
City of Hagerstown Water Pollution Control,the Commission voted,on a motion
by Mr.Nigh and seconded by Mrs.Whitcomb,to grant Preliminary Approval to
the plat file,stipulating that Final Approval would be contingent upon the
agreement by the Hagerstown Water Pollution Control as outlined in the letter
dated April 28,1976.(Copy attached by reference to the plat file).So
ordered.
MEETING DATES:
The Commission established the following meeting dates in addition to the
regular meeting,which will be held on July 7,1976.June 28,1976 at
4:30 P.M.and July 14,1976 at 4:30 P.M.
Comprehensive Plan Revision:
It was brought to the attention of the Commission that a letter had been
received from the Chairman of the Advisory Board in regard to the review of
issue papers,and requesting a meeting with the staff and the Commission
Chairman to discuss the revision process.Such meeting was held on June 10,
with the Plmlning Director,Executive Director,the Commission Chairman and
the Chairman of the Advisory Board.
Following lenghty discussion in regard to the length of the position papers,
and ways in which the Advisory Board can better review and understand the
revision process,it was suggested that all recommendations be removed from
the proposals and submitted for review accompanied by a short synopsis of the
issue.
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Comprehensive Plan Revision:
The staff r~quested also,direction from the Commission as pertains to the
development of the general plan.
On a motion by Mr.Nigh and seconded by Mrs.Whitcomb,the Commission voted
to direct the staff to develop the information for the papers remaining to
be done,while the Planning Commission develops the Goals and Objectives
to develop the general plan.So ordered.
ADJOURNMENT:
On a motion by Mr.Nigh and seconded by Mrs.Whitcomb,the Commission voted
to adjourn at 11:15 P.M.So ordered.
Dp...~6<(f~
Donald~rush,Chairman
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A Special Meeting of the Washington County Planning Commission was held on
Monday,June 28,1976,at 4:30 P.M.in the Conference Room of the Court House
Annex to consider the review process of the Comprehensive Plan.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.Dorsey,Sidney
Salitsky,Barbara B.Whitcomb and W.Keller Nigh:Not present were:Terrance
W.Bache and John C.Herbst.Staff:Executive Director Barry A.Teach and Planning
Director Alan R.Musselman.Also present were members of the Advisory Board:
Chairman William E.Wolford,Libby Harp,Charles Morrison,Marguerite Snyder,and·
J.Maury Werth.Press representative Ellen Uzelac.
The meeting was called to order at 4:50.
By motion of Mr.Salitsky and seconded by Mr.Dorsey,the Commission voted to
add to the agenda for consideration,the Overall Program Design,Harpers Ferry
Bridge and the City of Hagerstown's proposed Zoning Ordinance.So ordered.
Washington County OPD:
On a motion by Mr.Dorsey and seconded by Mr.Salitsky,the Commission voted
to submit the Overall Program Design to the County Commissioners for their
approval and consequently to the State with the request for $35,000 in 701
federal assistance monies for the work elements in the OPD.So ordered.
Harpers Ferry Bridge:
The Chairman brought to the attention of the Commission,proposed legislation
,relative to a bridge at Harpers Ferry to the Marylan~side of the Potomac,
and the impact of such a structure on the residents of the area and other environ-
mental aspects and interests.
On a motion by Mr.Dorsey and seconded by Mrs.Whitcomb,the Commission voted
that the Chairman be directed to draft.a letter through the County Commissioners
to all agencies,including the Park Service and all allied agencies,elected
officials,both Maryland and West Virginia,calling their attention to the concern,
of the Commission concerning any bridge structure or (construction of any kind,
which would add the need to provide additional parking and to'the existing density
problems in the area.So ordered.
Additionally,on a motion by Mr.Dorsey and seconded by Mr.Salitsky,the
Chairman was instructed to find out if there is a definite time table and a
definite Senate Bill being introduced,and if so,to obtain the number and content
of the bill and address additional correspondence to that information.So ordered.
City of Hagerstown -Proposed Zoning Ordinance:
Noting that the Mayor and Council are holding a public hearing this date on the
proposed Zoning Ordinance for the City of Hagerstown and that comments of the
staff were ~ubmitted to the Hagerstown Planning Commission on May 3,of which a
percentage were incorporated into the document,the Commission voted,on a motion
by Mr.Dorsey and seconded by Mr.Salitsky,to instruct the staff to respond,
within the time frame established by the City,to all of the
changes submitted to the Planning Department which were not incorporated in their
ordinance and that these concerns be reexpressed to the Planning Commission and
the ~Iayor and Council of the City of Hagerstown.So ordered.
Comprehensive Plan Revision:
During discussion of the Goals and Objectives to be utilized as the basis for
the update of the County's Comprehensive Plan,Mr.Nigh expressed his _
concern that the County Comwis?ioners were,not sufficientlY familiar with the
planning process :in terms of the general plan,and therefore,were not able
to cominit themselves except as it relates to the Capital ,Improvements Program.
The Chairman placed a motion on the floor to request the full Planning Commission
and the full Board of County Commissioners to meet todiscuss the goals'arid'objec-
tives,as they see it,so that the technical aspects to support the goals and
objectives,the capital improvements,the infrastructural processes to support
the funding thereof,the impacts of those capital improvements,future environ-
mental concepts,the desires of the citizens of Washington County and those coming
to Washington County,at the earliest possible date that can be arranged by the
Mr.Nigh.Mr.Dorsey seconded the motion.Upon question being caned 011 the motion,
Mr.Salitsky and Mrs.Whitcomb voted "No".The motion died for lack of a majority
vote.
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Following further discussion of the proposed goals and objectives,and the
currently adopted Comprehensive Plan,it was pointed out by Mr.Dorsey that
we have excerpts from the Plan which was adopted by the former Board of County
Commissioners ilnd which the present Board of County Commissioners cannot arbi-
trarily stop using,and therefore would present a motion 'that these points be
brought to the attention of the County Commissioners with the suggestion that
the full Board of County Commissioners and the full Planning Commission meet to
discuss 1)these items and 2)the proposed amendments to that Plan,at the earliest
possible date.
The motion was then restated by the Chairman,and placed on the floor by Mr.Dorsey:
To request that Mr.Nigh arrange,at the earliest possible date,""
a meeting between the full Board ot County Commlssloners and the full Planning
Commission in order that they can communicate the responsibilities of the
Planning Commission,the provisions of an adopted plan,and review of the Goals
and Objectives in the adopted plan to get clear-cut attitudes of the legislative
body on changes as they feel are necessary with the existing adopted plan.
The motion was seconded by Mr.Salitsky.
On a motion by Mr.Salitsky,and seconded by Mrs.Whitcomb,the Commission amended
the motion to say "at least a quorum of the Planning Commission".
The motion was further amended,on a motion by Mrs.Whitcomb and seconded by Mr.
Dorsey to include"that "the attitudes of the Planning Commission be listened to
and be expressed at this meeting".The motion carried with no negative votes on
the question.So ordered.""
It was requested that the County Commissioners consider a prepared agenda for
the meeting.."
The next regular meeting of the Planning Commission will be Monday,JUly 7,1976,
at 7:30 P.M.in the conference room "of the Court House Annex.
The meeting was adjourned at 6:40 P.M.on a motion by Mr.Dorsey and seconded
by Mr.Salitsky.So ordered.
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Donald R.Frush,Cha[rm~a~n~--------
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July 7.1976
The regular meeting of the Washington County Planning Conunission was held on
Wednesday,July 7,1976 at 7:30 P.M.in the second floor conference room of
the Court House Annex.
Present were:Chairman Donald R.Frush,Vice-President William E.Dorsey,Ter-
rance W.Bache,.John C.Herbst,and Barbara B.Whitcomb.Not present:IV.
Keller Nigh and Sidney Salitsky.Staff:Executive Director Barry A.Teach,
Planning Director Alan R.Musselman,and Assistant Planner Ronald L.Shives.
The meeting was called to order at 7:30 P.M.
On a motion by Mr.Herbst and seconded by Mrs;Whitcomb,the Commission voted
to amend the agenda to include discussion of the 201 Facilities Plan and a
request from Thomas Mauk of J.B.Ferguson Engineering Company.So ordered.
MINUTES:
On a motion by Mrs.Whitcomb and seconded by Mr.Bache,the Conunission voted
to approve the minutes of the meeting of June 14.1976,as presented.So ordered.
The minutes of the meeting of June 28,1976,were approved with the following
corrections,on a motion by Mrs.Whitcomb and seconded by Mr.Herbst:1.Under
Harpers Ferry Bridge,paragraph 2,add after additional parking,"and to the
existing density problems in the area",2.Under Comprehensive Plan Revision.
refer to Mr.Nigh by name or as representative of the Countv Commissioners rather
than Ex-Officio member,and 3.List only negative votes to those motions on which
there is a difference of opinion.So ordered.
,SUBDIVISION CONTROL REGULATIONS:
Garden Spot~Section D (29 Lots):For Preliminary and Final Approval:
Upon review of the plat file and staff report,the Commission voted to grant
Preliminary Approval,on a motion by Mr.Herbst and seconded by Mr.Bache.So
ordered.
The Commission voted,on a motion !)y Mr.Bache and seconded by Mr.Herbst,to
grant Final Approval to the plat file.So ordered.
Orchard Estates (4 Lots):For Preliminary Approval:
Upon review of the plat file,the Conunission noted that it contained a petition signed by
many persons expressing concern relative to the safety of the Smithsburg-Leiters-
burg Road,traffic accident reports,the one-way bridge over the Antietam
Creek,and the suitablity of the area for septic systems.Approximately 30
persons appeared before the Conunission to reiterate their concerns in these matters.
Following lengthy discussion,the Conunission voted,on a motion by Mr.Herbst
and seconded by Mrs,Whitcomb,to conduct a field trip to the proposed development
on July 12 at 4:00 P.M.after which a special meeting will be held,prior to 60 day
limitations,to consider and act upon the findings'of -such 'field inspection.So ordered.
On a motion by Mrs.Whitcomb and seconded by Mr.Bache,the Conunission voted to
postpone any further action on the plat file until such time that a special
meeting is held following the field trip.So ordered.
Zoning Permit Application -Ponderosa Steak House:
The Zoning Administrator brought to the attention of the Commission,a site plan
for a proposed Ponderosa Steak House,due to congested development in the area
and in view of previously proposed conunercial development of the same site.
Following discussion of access to the property and possible alternatives to
alleviate the situation as relates to traffic congestion and signalization of
the intersection,the Commission voted,on a motion by Mrs.Whitcomb and seconded
by Mr.Dorsey',to notify the State Highway Administration of the Commission's
concerns with the traffic problem with the suggestion that they consider signal-
ization in another area,and request a meeting with SHA representatives in this
regard.Motion carried with Mr.Herbst voting "No."
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COMMUNICATIONS:
Inquiry from Stephen A.Cool,Re:Subdivision Requirements:
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.Bache,to
grant the request for use of a private right-of-way off Blue Mowltain Road
to serve a proposed one lot subdivision to be c'tlnveyed to an immediate member
of the family,under the provisions of Section 107 of the Subdivision Ordinance,
with the request that Mr.Cool be notified that he should now proceed with
preparation of,a subdivision plat in accordance with the provisions of the
Ordinance.So ordered.
SUBDIVISION CONTROL REGULATIONS:
PRELIMINARY PLATS:
Murray Enterprises (Commercial):Preliminary and Final Approval:
Upon review of the plat file information and staff report,the Commission voted,
on a motion by Mr.Herbst and seconded by Mr.Bache,to grant approval to the
application with the condition that prior to the signing of the final tracing,
the site plan/preliminary plat must show a buffer on the south and west sides
of the go-kart track,consisting of coniferous trees a minimum of six (6)feet
in height,spaced a maximum of ten (10)feet apart.So ordered.
COMMUNICATIONS:
Letter from Thomas Mauk,J.B.Ferguson Engineering Company:Extension of Time:
On a motion by Mr.Herbst and seconded by Mr.Bache,the request for a thirty day
extension of time for consideration of the following sUbdivision.plats was granted:
Church of Jesus Christ of the Latter Day Saints to September 1,1976;Arthur Nichols
to August 21,1976 and Fairplay Farms to August 12,1976.So ordered.
Inquiry from Stephen Nieto,Re:Subdivision Requi~ements:
The Commission voted on a motion by Mr.Herbst and seconded by Mr.Bache,to
grant the request for use of a private right-of-way to serve a proposed subdi-
vision of developed property,situated off Security Road,under the provisions
of Section 107 of the Subdivision Ordinance,and stipulated that the owner should
be notified that he should proceed with submission of a simplified plat in accor-
dance with the provisions of Section 317 of the Ordinance.So ordered.
Letter from J.H.Seibert,Re:Extension of Time for Consideration of Plats:
On a motion by Mrs.~lliitcomb and seconded by Mr.Herbst,the Commission voted to
grant the request for a thirty day extension of time for consideration of the
following subdivision plats:
Charles Bowers to August 8,1976;John Roberts to August 20,1976;Hubbard Acres
to August 27,1976.So ordered.
Letter from Fox and Associates,Re:Extension of Time for Consideration of
Plat for Samuel Suffecool:
The Commission voted,on a motion by Mr.Herbst and seconded by Mrs.Whitcomb,
to grant the request for a thirty day extension of time for consideration of the
plat submitted for Samuel Suffecool,expiration of which shall be September 14,
1976.So ordered.
OLD AND UNFINISIIED BUSINESS:
Due to the late hour,reports for most of these items were delayed until the next
meeting.
The meeting date for July 14,at 4:30 P.M.was reaffirmed,as was a rezoning
hearing and field trip scheduled for July 12,beginning at 4:00 P.M.
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NEW BUSINESS:
Proposal for Participation -Institute for Urban Studies
University of Maryland:
The Chairman brought to the attention of the Commission,that there are a number
of persons of the University of Maryland who are willing to analyze the Plan ele-
ments which can be recommended for support by federal programs.This service,
for which there is no charge,has proven very effective in other areas.
On a motion by Mrs.Whitcomb and seconded by Mr.Herbst,the Commission voted to
prepare a request by way of a letter to the University,that Washington County be
considered as a pilot proj ect for the session.So ordered.'
Plats Approved Under Administrative Policy:
Simplified:
Clopper-Houser,June 16,1976;Johnson-Johnson,June 16,1976;Industrial Foun-
dation,June 22,1976;Coffman-Bowers,June 25,1976;Grove-Smith,July 1,1976;
Grove-Grove,July 1,1976;Chaney-Neff,July 6,1976.
Development:
Louise McCormick,June 15,1976;Adrian Faith,June 16,1976;Leon French,June 16,
1976;South End Development Company,Lot B,June 16,1976;Fern Staley,Lot 1,
June 18,1976;Henry Montgomery,June 18,1976;David Negley,Lot 1,June 22,1976.
201 Facilities Plan:
Following discussion,the Commission voted,on a motion by Mr.Bache and seconded
by Mr.Herbst,to direct the staff to assemble a draft as it relates to the 201
Facilities Plan,in regard to areas of conflict based upon previous studies.So
ordered.
ADJOURNMENT:
An Executive Session fOllowed the regular meeting which was adjourned at 10:50 P.M,
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Donald R.Frush,Chairman
July 12,1976
A Special Meeting was held by the Washington County Planning Commission on
July 12,1976,following the hearing for rezoning cases,in Court Room #1
at 8:50 P.M.
Present were:Chairman Donald R.Frush,Vice Chairman William E.Dorsey,
Terrance W.Bache,John C.Herbst,W.Keller Nigh and Barbara B.Whitcomb.
Not present:Sidney Sa1itsky.Staff present:Barry A.Teach,Executive
Director.
Orchard Estates:
At the regular meeting of July 7,1976,the Commission considered Orchard
Estates and postponed action pending a field inspection which was conducted
this date at 4:00 P.M.by the Commission.
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Orchard Estates (con~tinuedt:
As a result of,the field inspection,considerable discussion fOllowed regarding
drainage,sight distance and septic systems,noting that.approval has been
recommended by all agencies with responsibi Ii ty in those areas.The point was
raised that Mr.Herbst's brother-in-law lived adjacent to the site in question,
and therefore may present a conflict of interest.While Mr.Herbst did not
think this would be the question,he withdrew himself from further consideration
of the subdivision.The Ch"irman poi:lted out the difference between zoning
requirements (land use permitted)and subdivision requirements (suItability of
sites for building)and noted that single-family dwellings \~ere a permitted
zoning use in this area,which is zoned "A"Agriculture.
On a motion by Mr.Bache and seconded by Mr.Dorsey,the Commission voted to
approve the plat file.Mrs.Whitcomb voted "No."Mr.Nigh abstained from
voting because he did not have the opportunity to field inspect.So ordered.
Arthur Nichols:
upon review of the plat file and noting that access was across the floodplain
and that notes regarding a proposed bridge were vague,the Commission voted,
on a motion by Mr.Nigh and seconded by Mr.Herbst,to direct Mr.Teach to
resolve the bridge matter,and advise the subdivider that'the bridge was not
a requirement for approval so far as the Commission is concerned.So ordered.
201 Facilities Plan:
On a motion by Mr.Dorsey and seconded by Mr.Herbst,the Commission voted to
direct the Chairman and the Executive Director to meet with the 201 Facilities
Plan Administrator to discuss the comments to be submitted to the Antietam
Basin Environmental Task Force.So ordered.
ADJOURNMENT:
On a motion by Mrs.Whitcomb and seconded by Mr.'Bache,the Commission adjourned
the meeting at 10:35 P.M.So ordered.
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Donald R.Frush,Chairman
July 14,1976
A Special meeting of the Washington County Planning Commission was held on
Wednesday,July 14,1976 at 4:30 P.M.in the Conference Room of the Court
House Annex.
Present were:Chairman Donald R.Frush,Vice Chairman William E.Dorsey,
Terrance W.Bache and Barbara B.Whitcomb.Staff:Executive Director Barry
A.Teach and Planning Director Alan R.Musselman.Also present were:
Jack S.Hawbaker,Zoning Administrator and Evan Smith and Gene Straub of the
State Highway Administration.Commission members not present:John C.
Herbst,Ii.Keller Nigh and Sidney Salitsky.
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Ponderosa Steak House -Zoning Permit Application:
As a result of the Commission's consideration on July 7,1976,this meeting
was held with representatives of the State Highway Administration to discuss
alternati ves for dealing with the heavy volume of traffic at the proposed
location of the development in question.The Chairman pointed out the concerns
of the Commission with the back-up in the southbound lane on Route 11,which
would not permit northbound traffic on Route 11 to turn left into the site,
and inquired if the signal could be moved to the north.
Mr.Stroub pointed out that moving the light would not meet SIlA standards,
and could not be justified.Also,the intersection is to be reconstructed,
possibly within one year,and SI"~proposal for five lanes,2 north and 3
south,with appropriate marking,was the best possible situation.
Following further discussion,the Chairman recommended that:
1.The developers investigate the possibility of a common entrance with the
Rest Haven Cemetery..
2.The State Highway Administration investigate any and all alternatives for
access and report back to the COlmnission.
The Commission concurred that the above recommendations be carried out prior to
making a final decision.
ADJOURNMENT:
The special meeting was adjourned at 5:30 P.M.to go into Plan workshop.
The meeting was then reconvened at 7:55 P.M.
GOALS AND OBJECTIVES:
TI,e Co~nission voted,on a motion by Mr.Dorsey and seconded by Mrs.Whitcomb,
the staff prepare the Goals and Objectives as discussed in the workshop,to
be presented by the Commission to the County Commissioners.So ordered.
On a motion by Mr.Dorsey and seconded by Mr.Bache,the Commission directed
that the Goals,as amended by the Commission,be presented to the County
Commissioners at 4:00 P.M.on Tuesday,July 20.So ordered.
BY-LAWS:
Mrs.Whitcomb requested that the Commission consider a change to the second
sentence of Article 6,Section 2 of the Commission By-Laws to read:"The
number of votes necessary to carry a motion shall be three."
It was also requested that there be a discussion of Article 4,Section 7,which
pertains to field trips,at the regular meeting on August 2.
ADJOURNMENT:
The meeting was adjourned at 8:20 P.M.
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Donald R..Frush,Chairman
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August 2,1976
The regular meeting of the Washington County Planning Commission was held on
Monday,August 2,1976,at 7:30 P.M.in the second floor conference room of
the Court House Annex.
Present were:Chairman Donald R.Frush,Terrance W.Bache,John C.Herbst,
W.Keller Nigh and Sidney Salitsky.Staff:Executive Director Barry A.Teach,
Planning Director Alan R.Musselman and Assistant Planner Ronald L.Shives.
Members not present:Vice-Chairman William E.Dorsey and Barbara B.Whitcomb.
The meeting was called to order at 7:30 P.M.
MINUTES:
~leMinutes of the regular meeting of July 7,1976,were approved as presented,
on a motion by Mr.Herbst and seconded by Mr.Salitsky.So ordered.
The Commission voted,on a motion by Mr.Salitsky and seconded by Mr.Herbst,to
approve the Minutes of the Special Meeting of July 12,1976,as written.So
ordered.
On a motion by Mr.Salitsky,and seconded by Mr.Nigh,the Commission voted to
approve the Minutes of the Special Meeting of July 14,1976,as presented.So
ordered.
SUBDIVISION CONTROL REGULATIONS:
PRELIMINARY PLATS:
'E~mer Davis,Parcel A,(Tourist Home):Preliminary and Final Approval:
Noting previous action taken by the Commission at the June 14,1976 meeting,the
Commission voted,on a motion by Mr.Salitsky and seconded by Mr~Nigh,to
grant approval based upon information contained in the plat file.
So ordered.
On a motion by Mr.Salitsky and seconded by Mr.Nigh,the Commission voted to
grant Final Approval to the plat file.So ordered.
COMMUNICATIONS:
Inquiry from Everett J.Ingram,Re:Subdivision Requirements:
Mr.Ingram appeared before the Commission with the request that consideration'
be given to granting access by means of a private road to a lot he proposes to
purchase.
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.Salitsky to
grant approval of the request under the provisions of Section 107 of the Subdi-
vision Ordinance.The motion carried with Mr.Nigh voting "No."So ordered.
Preliminary Plat:
Isaac ~orris,(3 Lots):
Upon H"dew of the plat file information and noting 'that numerous lots had pre-
viously been subdivided from the original parcels owned by Mr.Norris,the Commission
voted,on a motion by Mr.Bache and seconded by Mr.Sali tsky,to disapprove the
application and notify the developer that the requirements of Section 302 of the
Subdivision Ordinance would have to be fulfilled.So ordered.
Isaac Norris,(1 Lot):
On a moti.on by Mr.Bache and seconded by Mi:.Salitsky,the Commission voted to
disapprove the plat file,based upon the requirements of Section 302 of the
Subdivi.sion Ordinance.So ordered.
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PRELIMINARY PLATS:
Rogers Subdivision (l Lot):
Upon review and discussion of the plat file information,and recognizing that
the State Highway Administration has granted right-of-way access to the lot
located in Leitersburg on Route 60,which Mr.Rogers proposes to convey to
his daughter,a motion was 'made by Mr.Herbst and seconded by Mr.Bache to
grant approval under the provisions of Section 107 of the Subdivision Ordinance.
The motion carried with Mr.Nigh'voting "No",and Mr.Salitsky abstaining on
a point of information.So ordered.
The Chairman stated for the record,that portions of the Ordinance,particularly
as relates to Section 405,paragraph l2B,were quoted and brought to the
attention of the Commission
ADDITION TO AGENDA:
On a motion by Mr.Salitsky and seconded by Mr.Herbst,the Commission voted to
add to the agenda for consideration,subdivision plats for Sunrise Furniture and
Jesse Davidson.So ordered.
Sunrise Furniture:
Mr.O. O.Craig appeared before the Commission in reference to a plat for Sunrise vi
Furniture Company which had not been processed to review agencies because it is
in conflict with the Highway Plan.
On a motion by Mr.Salitsky and seconded by Mr.Herbst,the Commission voted
to advise the developer to meet with the staff to consider alternate proposals
for access to the development to meet the requirements of the Highway Plan.
So ordered.
Robinwood,Section F (5 Lots):For Preliminary Approval:
Mr.Bache professed an interest in the Robinwood development and abstained from
consideration of the plat.
Following discussion of plat file information,the Commission voted,on a motion
by Mr.Herbst and seconded by Mr.Salitsky,to grant Preliminary Approval,subject
to the requirements of the County Engineer,by memo dated July 26,1976,as follows:
1.Adequate provision for turn~around at the end of Peacock Trail,and
2.A site grading plan for Lot F-5,to be submitted to and approved by the
County Engineer,and to become a part of the final plat.
So ordered.
Highway Plan Requirements:
Following discussion relative to site plan review as pertains to the adopted
Highway Plan and the requirements of the adopted ordinances,the Commission
voted,on a motion by Mr.Nigh and seconded by Mr.Salitsky,to direct the
staff to notify the developer of Sunrise Furniture that the site plan would
be reviewed under the requirements of Section 19.3 of the Zoning Ordinance
as pertains to individual access in the Highway Interchange District.So ordered.
COMMUNICATIONS:
Inquiry from Robert J.Seek,Re:Subdivision Requirements:
Upon consideration of a request from Robert J.Seek in which he proposes to
convey a portion of 5.3 acres situated in Tamiami,Inc.,which is divided by a
private road,and the remaining portion to be conveyed to his son a number of
years hence,the Commission voted,on a motion by Mr.Herbst and seconded by
Mr.Nigh,to direct the staff to provide additional information on the proposal
by means of a preliminary consultation with the owner.So ordered.
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COMMUNICATIONS,CONTD:
Letter from Oliver-Cump and Assoc.,Re:Extension of Time for Consideration of
Barnie O.Henderson Subdivision:
On a motion by Mr.Nigh and seconded by Mr.Salitsky,the Commission voted to grant
the request for a thirty day extension of time for consideration of the pla,t for
Barnie O.Henderson,expiration of which shall be September 22,1976,So ordered ..
Letter from J.H.Seibert,Re:Extension of Time for Consideration of Plats for
Garland ~ake,Lot 1;Lewis Jones,Lot 1;Harvey Kratz,Lot 1;Hubbard Acres:
On a motion by Mr.Herbst and seconded by Mr.Salitsky,the Commission voted to grant
a thirty day extension of time on the request of Mr.Seibert,acting as agent for
Garland Lake,Lot I,Harvey Kratz,Lot 1,Lewis Jones,Lot 1,and Hubbard Acres.
So ordered.
Letter from J.B.Ferguson Engineering,Re:Extension of Time for Consideration
of Fairplay Farms Subdivision:
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.Salitsky,to
grant a thirty day extension of time for consideration of Fairplay Farms,expiration
of which shall be September 12,1976.So ordered.
Letter from Fox and Associates,Inc.,Re:Extension of Time for Consideration of
Robert N.Myers,Lot 1:
On a motion by Mr.Herbst and seconded by Mr.Salitsky,the Commission voted to grant
a thirty day extension of time for consideration of the plat for Robert N.Myers,
Lot 1,expiration of which shall be October 2,1976.So ordered.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:There is nothing new to add under this item.
Areas of Critical State Concern:
The CPM 500 section of the Ov~rall Pr9gram Design will be considered by the
County Commissioners on August 3,1976 at 2:30 P.M.,which is the work program
previously approved by the Commission to be submitted to the State under the
701 funding program.
Highway Plan Amendments:
On a motion by Mr.Salitsky and seconded by Mr.Bache,the Commission voted to
forward to the County Commissioners,map amendments to the Highway Plan,which at the
request of several State and County atencies,include only those which are outside the
study area of the Hagerstown-Washington County Transportation Study,until such time
that study is completed,with the exception of the new community design and the re-
classification of Route 66.Also included in the recommendation,is a minor change
in the highway plan standards.So ordered.
Water and Sewerage Plan ~nendments:
Following discussion of the Water and Sewerage Plan Amendments,the Commission voted,
on a motion by Mr.Nigh and seconded by Mr.Salitsky,to proceed with proposed anlend-
ments to 'the Water and Sewerage Plan for 1975,to include State Health Department
requirements for the 1976 amendments,and taken to public hearing held jointly by
the County Con~issioners,Hagerstown Mayor and Council,and Hagerstown -Washington
County Planning Commissions,with amendment upon the completion of the 201 Facilities
Plan and notification of this action to the State at the earliest possible date and
copy of same to the City of Hagerstown.So ordered.
Comprehensive Plan Revision:
The Chairman brought to the attention of the Commission that several workshop sessions
would be desirable to review the material to be submitted to the State for the update
of the Comprehensive Plan.Following lengthy discussion,the Commission voted,on a
motion by Mr.Herbst and seconded by Mr.Salitsky,to proceed with preparation of the
draft materials,clearly marked ns such,and indicating that they have not been adopted
by the Commission,for submission to the Department of State Planning,in compliance
with the requirements of the 701 contract.So ordered.It was agreed that workshop
meetings wi 11 be held each Monday at 7:00 P.M.with the exception of holidays,
beginning August 30,for the purpose of review of Comprehensive Plan update materials.
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OLD AND UNFINISHED BUSINESS,CONTO:
Antietam Basin Facilities Plan:
The Chairman stat6d for the information of the Commission that there would be no
conunents submitted at this time.
NEW BUSINESS:
Change in Commission By-Laws:
The Commission voted,on a motion by Mr.Salitsky and seconded by Mr.Herbst,that
Article 6,Section 2 of the Commission By-Laws,as pertains to number of votes necessary
to conduct business,remain unchanged.So ordered,
Environmental Matters Counnittee:
On a motion by Mr.Salitsky and seconded by Mr.Herbst,the Commission directed the
Planning Director to present ,informal testimony at the open meeting on August 10,held
in Annapolis,by the Sub-Committee on Adequacy of Public Facilities of the Environmental
Matters Committee.So ordered.
SUBDIVISION CONTROL REGULATIONS:
Church of Jesus Christ and Latter Day Saints -For Preliminary and Final Approval:
On a motion by Mr.Herbst and seconded by Mr.Salitsky,the Commission voted to grant
Preliminary Approval to the plat file contingent upon receipt of written approval of
the Health Department.So ordered.
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.Salitsky,to
grant Final Approval to the plat file,contingent upon final signature being withheld
until written approval is received from the Health Department.So ordered.
Jesse Davidson-Final Approval:
Upon review of the plat file information and noting that all conditions for approval
have been met,the Corrll~ission voted,on a motion by Mr.Salitsky and seconded by Mr.
Nigh,to grant Final Approval.'So ordered.
Charles Bowers (6 Lots)-Final Approval:
Upon review of the
have been met,the
to grant approval.
OTHER BUSINESS:
plat file and noting
Commission voted,on
So ordered.
that the requirements of the County Engineer
a motion by Mr.Salitsky and seconded by Mr.Herbst,
Plats Approved Under Administrative Policy:
Simplified:Raymond Stockslager,July 9,1976;Charles Resh,July 15,1976;Richard
Stephens,July IS,1976;Burgesser-Taylor,July 16,1976;Martin Shuck,July 19,1976;
Ralph Nowell,July 19,1976;Mary Rooney,July 21,1976;Ezra Martin,July 23,1976.
Development:Paul Seilhamer,Jr.,July 9,1976;Samuel Suffecool,July 9,1976;
Hartman Subdivision,July 9,1976;John Roberts,July 9,1976;Boonsboro Ltd.Partnership,
July 9,1976;Mrs.Leon French,July 9,1976;Arthur Nichols,July 12,1976;Florence
Hsofeld,July 20,1976;John R.Hyssong,July 22,1976;Charles Resh,Parcel B,July 27,
1976;Tilman Chaney,July 27,1976;Edward Cline,August 1,1976.
Water Resources Administration -Request for Zoning Ordinance:
On a motion by Mr.Bache and seconded by Mr.Salitsky,the Commission voted to approve
issuance of a copy of the Washington County Zoning Ordinance to the Department of
Water Resources Administration free of charge.So ordered.
MEETING DATES:
The next regular meeting of the Planning Commission will be held on Wednesday,September
8,1976 at 7:30 P.M.
ADJOURNMENT:
The meeting was adjourned at 11:50 P.M.
B""'~Qt.C~~
Donald R.Frush,Chairman
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August 30,1976
A special meeting of the Washington County Planning Commission was held on
Monday,August 30,1976,at 7:00 P.M.in the conference room of the CoUrt House
Annex.
Present were:Chairman Donald R.Frush,Terrance W.Bache;John C.Herbst,Sid-
ney Salitsky,and W.Keller Nigh.Staff:Executive Director Barry A.Teach and
Alan R.Musselman,'Planning Director.
The meeting was called to order at 10:55.
The Chairman reviewed the manner in which comments had been developed and dis-
cussed wi th 14r ..~1cGauhey,relative to the 201 Facilities Plan,(Copy Attached),
and also as relates to Clearinghouse review.
On a motion by Mr.Herbst and seconded by Mr.Sall.tsky,the Commission voted that
the Chairman meet with Mr.McGauhey and the consultant to resolve the matter without
submitting through the Clearinghouse,with the assistance of the County Commissioners.
So ordered.
The meeting was adjourned at 11:15.
Attachment:
WASHINGTON COUNTY PLANNING COMMISSION
201 FACILITIES PLAN
COMMENTS
The Washington County Planning Cooonission wishes to offer the following
comments regarding the Antietam Basin 201 Facilities Plan.We feel the
Plan has been well developed,but that minor revisions or additional
information as described below would prove beneficial.We also realize
that some of these recommendations are understood or legal requirements.
Ho'wever,they should appear in the Plan text.
Service Area Maps
1.There are no service area alternatives.The presentation of
such alternatives would be helpful in evaluation of the Plan.
2.The service area proposed west of Hagerstown,to be served by
a new treatment plant,should be moved forward 5-10 years to
be more realistic.
3.It is realized that expansion of the MCI Treatment Plant could lead
to a mandate to provide .service to areas surrounding this State
facility.A no service alternative,outside the boundaries of the
State property,should be provided.
4.The eastern boundary of the Smithsburg service area extends approxi-
mately 1,000 feet up the side of South Mountain,and should be
reduced in size accordingly.
5.The service area in the vicinity of the Airport excludes the Airport
Industrial Park,and should be revised to include this area.
6.The interceptor extending south from the Airport area passes through
property owned by a maj or mineral extractor,and which is currently
zoned for mineral extraction.',
7.'The alignment of the interceptor which is proposed north of and
parallel to Jefferson Boulevard,and then extending south,should
be revised in light of topography and other natural features.
8.The service area southeast of Hagerstown,extends too far east
and should be reduced in size accordingly.
201 Facilities Plan Comments (continued):
Section 9 -Financing
1.An analysis of the various financing alternatives in light of
the various management alternatives,with resultant costs to
providers and consumers,would be helpful in evaluation of the
Plan.
General Comments
1.
2.
3.
The Plan should state to what extent it will effect the County
Water and Sewerage Plan;Le.,to what degree must F"cilities
Plan service areas be reflected in the Water and Sewerage Plan.
The Plan should discuss its effect on proposed community systems,
such as Brooklane Center,and the Beaver Creek area.
The Plan should mention alternate types of treatment for those
areas within the Basin but outside proposed service areas.
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Don aId R.Fru sh ,~C~h~a:""ir-m"-a""n--
September 8,1976
The regular meeting of the Washington County Planning Commission was held on Wed-
nesday,September 8,1976,at 7:30 P.M.in the second floor conference room of
the Court House Annex.
Present were:Chairman Donald R.Frush,Terrance W.Bache,John C.r[erbst,Sidney
Salitsky and Barbara B.Whitcomb.Not present:Vice Chairman William E.Dorsey
and W.Keller Nigh.Also present:Assistant Planner Ronald L.Shives and Zoning
Administrator Jack S.Hawbaker.
The meeting was called to order at 7:30 P.M.
MINUTES:
The minutes of the regular 'meeting of August 2,1976,were approved as presented,
on a motion by Mr.Salitsky and seconded by Mr.Herbst.So ordered.
On a motion by Mr.Salitsky and seconded by Mr.Herbst,the Commission voted to
approve the minutes of the special meeting of August 30,1976.So ordered.
COMMUNIr;ATIONS:
On a motion by Mrs.\~itcomb and seconded by Mr.Salitsky,the Commission voted to
add to the agenda for consideration,an inquiry from Robert Seek relative to the
requirements of Section 405,l2B of the Subdivision Ordinance,and consideration
of preliminary approval for Oak Ridge Park,Section 5.So ordered.
Inquiry from William Snyder,Re:Subdivision Requirements:
In staff review of the request of Wi llia.il Snyder,i t ~as pointed out that the
inquiry was similar in nature to consideration of the Robert J.Seek request
which was considered at the last Commission meeting and continued for additional
information as pertains to Section 405,12B of the Subdivision Ordinance.
On a motion by Mr.Herbst and seconded by Mrs.\~i tcomb,the Commission voted
that both developers be advised to proceed with preparation of a subdivision plat
in compliance with all requirements of County Ordinances,under the provisions
of Section 107 of the Subdivision Ordinance which provides for transfer to
immediate famil y mombers.So ordorod.
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COMMUNICATIONS (continued)
Inq.Iiry from Harry Keller,Re:Subdivision Requirements:
An inquiry from Harry Keller was brought to the attention of the Commission
relative to the transfer of two tracts of land off Warner Hollow Road,adjacent
to the P.E.right-of-way,and not served by a public road,which he proposEs:to
give to his children.
On a motion by Mr.Herbst and seconded by Mr.Salitsky,the Commission voted to
advise the Olvner to proceed with preparation of a subdivision plat,in compliance
with all the requirements of County Ordinances,under the provisions of Section
107 of the Subdivision Ordinance for transfer to immediate family members.So ordered.
Elsie M.Reed -Preliminary Plat:
In review of the application for conveyance of a parcel of land which_does not
front a public road,it was pointed out that there was some doubt as to what
point the road in question was maintained by the County,and was therefore not pro-
cessed to County agencies for review.
On a motion by Mr.Herbst and seconded by Mr.Salitsky,the Commission voted to
request the owner to discuss the matter with the Superintendent of Roads to determine
County maintenance of Corner Road,and report back at the next Commission meeting.
So ordered.-
Sunrise Furniture -Preliminary and Final:
At a previous meeting,the Commission requested the staff to review the plat for
Sunrise Furniture in the field and make recommendation in regard to the point of
access,which as proposed,does not comply with the requirements of the Highway Plan.
The staff,reporting that such field inspection had been conducted,recommended that
1 point of access be shown,and would indicate on the plat,a 50 foot right-of-way
in order to develop the entire tract to its fullest extent,and best use.
On a motion by Mr.Herbst and seconded by Mr.Salitsky,the Commission,noting that
all conditions have been met,voted to grant Preliminary Approval based upon the
field inspection,various reviews completed by the staff,and based upon com-
pliance with the intent of the law and the Highway Plan.So ordered,
.
Sunrise Furniture -Final Approval:
The Commission voted,On a motion by Mr.Bache and seconded_by Mr.Salitsky,to
grant Final Approval to the plat file.So ordered.
Oak Ridge Park,Section 5 -Preliminary Approval:
The Chairman brought to the attention of the Commission,a letter from the City of
Hagerstown in regard to their policy of annexation,and asked that an official
policy from Hagerstown be requested via the County Commissioners in regard to
annexation.
On a motion by Mr.Salitsky,and seconded by Mr.Bache,the Comnlission voted to
_direct the Chairman to prepare a letter and address the letter from the City of
Hagerstown,dated August 30,1976,and request an official policy as pertains to
annexation,so that the Conunission can make a decision in the process---of 'plat
approvals.So ordered.
On a motion by Mr.Salitsky,and seconded by Mr.Bache,the Conunission voted to
grant Preliminary Approval to the plat file for Section 5 of Oak Ridge Park,and
also the site plan.So ordered.
Oak Ridge park,Section 5 -Final Approval:
On a motion by Mr.Herbst and seconded by Mr.Bache,the Commission voted to grant
Final Approval to the plat file,provided there are no changes in the plat to be
presented for the Chairman's signature.So ordered.
Robinwood,Section F:Final Approval:
Noting that the requested changes have been satisfied,the Commission voted,on a
motion by Mr.Herbst and seconded by Mrs.Whitcomb,to grant Final Approval to the
pI at fi Ie.Mr.Bache abstained from voting because of possible confli ct of interest.
So ordered.
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OLD AND UNFINISHED BUSINESS:
REZONING CASES:,
The Chairman brought to the attention of the Commission that the record of the public
hearing has been taken into consideration and all information submitted at the hearing
and within the time limitations for comment.
RZ-139:On a motion by Mr.Herbst and seconded by Mr.Bache,the Commission voted
to forward the recommendation for approval to the County Commissioners for their
consideration.So ordered.
RZ-144:On a motion by Mr.Bache and seconded by Mrs.I~litcomb,the Commission voted
to forward their recommendation of approval of the request for HP zoning to the
County Commissioners.So ordered.
RZ-145:On a motion by Mr.Herbst and seconded by Mr.Salitsky,the Commission
voted to forward to the County Commissioners,the recommendation that the request
be disapproved,based upon the finding of fact that there was no change or mistake
in the original zoning,and was not consistent,with the Plan policy and would not
be compatible with existing zoning.So ordered.
RZ-146:On a motion by Mr.Salitsky and seconded by Mr.Bache,the Commission voted
to forward the recommendation of approval to the County Commissioners for text
amendment to Section 23.4(a)in regard to height limitations.So ordered.
RZ-147:On a motion by Mr.,Herbst and seconded by Mrs.Whitcomb,the Commission voted
to forward to the County Commissioners a recommendation of approval in regard to
text amendment of Section 22.l2(c)1,as pertains to off-street parking.So ordered.
RZ-148:On a motion by Mr.Herbst and seconded by Mr.Bache,it was recommended
that further study be made of Section 22.12 in order that national standards be
incorporated into design requirements'fo~~ff~street parking.So ordered.
On a motion by Mr.Bache and seconded by Mr.Salitsky,the Commission voted to
forward a recommendation of approval to the County Commissioners,and including
the above recommendation in regard to incorporation of national standards.So ordered.
COMMUNICATIONS:
Letter from Daniel Fortney:
A letter was read from Daniel Fortney in which it was requested that an extension
of time be granted for Preliminary Approval,which had been granted under Section
314 of the Subdivision Ordinance in September 1972,and has since expired.
On a motion by Mr.Herbst and seconded by Mr.Salitsky,the Commission voted to
grant a one year extension of time to Mr.Fortney,by which time he shall be
required to submit a Final Plat for consideration.Motion carried with Mrs.
Whitcomb voting "No."
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies -Areas of Critical State Concern -Water and Sewerage Plan:
The Chairman had no new report on the status of these agenda items.
Comprehensive Plan Amendment:
The Chairman stated that there was a need for a workshop meeting to review the
proposed amendments to the Comprehensive Plan,in anticipation of meeting the
requirements of the State as pertains to contract deadline.
Antietam Basin Facilities Plan:
The Chairman stated that the Commission comments in regard to tbe FaciIi ties Plan
along with comments submitted by the Towns of Funkstown and Williamsport and the
City of Hagerstown,have not been forwarde'd,and will be resolved locally prior to
sending to the State Clearinghouse.
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COMMUNICATIONS (continued):
Highway Plan:
The Chairman stated that the County Commissioners will hold a public hearing on the
Highway Plan amendments on September 28,1976 at 7:00 P.M.in Court Room No.1
and requested that the staff and Commission members be present for this presentation.
Panhandle Lots:
On a motion by Mrs.Whitcomb and seconded by Mr.Salitsky,the Co~nission voted to
direct the staff to prepare the revision regarding Panhandle Lots in ordinance form
and submit their recommendation to the Commission for their,review to take to
public hearing in amendment of the Subdivision Ordinance.So ordered.
A.I.P.Examination Fee:
On a motion by Mr.Bache and seconded by Mr.Salitsky,the Commission voted to
authorize the Chairman to request transfer of funds in the Commission budget to
change amount in Per Diem line item to Dues line item.So ordered.
On a motion by Mrs.Whitcomb and seconded by Mr.Bache,the Commission voted to
approve the request for funds required to pay for A.I.P.Examination Fee.So ordered.
Personnel Study:
On a motion by Mrs.IVhitcomb and seconded by Mr.Bache,the Commission voted to
authorize the Chairman to call a special Ineeting prior to the 17th of September
to consider comments relative to the Personnel Study.So ordered.
Meeting With Maryland Geological Survey:
The Chairman stated that a meeting has been scheduled with the Maryland Geological
Survey for Septenilier 21,at 10:00 A.M.in the Court House Annex conference room.
SIMPLIFIED PLAT:
Howard Buhrman:
It was brought to the attention of the Commission that a permit for a mobile home
had been issued to Mr.Buhrman on March 4,1976,to be placed on a portion of his
land,and should have been advised by his surveyor that a plat for development
should have been submitted.
On a motion by Mr.Herbst and seconded by Mr.Bache,the Commission voted to grant
approval of the simplified plat in view of the hardship to an immediate family
member.So ordered.
Barnie O.Henderson:
On a motion by Mr.Herbst and seconded by Mrs.Whitcomb,the Commission voted to
grant a thirty (30)day extension of time for consideration of a plat for Barnie
O.Henderson,expiration of which shall be October 22,1976.So ordered.
R.Earl Roulette:
On a motion by Mr.Bache and seconded by Mrs.Whitcomb,the Commission voted to
grant a thirty (30)day extension of time for consideration of a plat for R.Earl
Roulette,expiration of which shall be Octobe,r 30,1976.So ordered.
Norman S.Earley,Lot 7A:
Noting that the Board of Appeals have granted a special exception for proposed
industrial use,and that the Health Department has granted approval subject to a
note placed on the plat to the effect that public water is available to the site,
the Commission voted to grant Preliminary Approval to the plat file and site plan,
on a motion by Mr.Herbst.seconded by Mr.Sari tsky.So ordered.
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SIMPLIFIED PLATS (continued):
Hubbard Acres:
On a motion by Mr.Bache and seconded by Mr.Sal i tsky,the Commission voted to
grant a thirty (30)day extension of time for consideration of a plat for Hubbard
Acres,expiration of which shall be October 27,1976.So ordered.
Burnside Acres,Lot 7:
On a motion by Mrs.Whitcomb and seconded by Mr.Bache,the Commission voted to
grant a thirty (30)day extension of time for consideration of Burnside Acres,
Lot 7,expiration of which shall be October 28,1976.So ordered.
Fairplay Farms,Section B:
On a motion by Mrs.Whitcomb and seconded by Mr.Bache,the Commission voted to
grant a thirty (30)day extension of time for consideration of Fairplay Farms,
Section B,expiration of which shall be Octob~r 12,1976.So ordered.
PLATS APPROVED UNDER ADMINISTRATIVE POLICY:
Simplified:Risser-Miller,August 3,1976;Swain-Sandberg,August 3,1976;Roger
Fiery,Jr.,August 4,1976;Doyle Plank,Jr.,August 9,1976;Horst-Maugansville
Elevator,August 13,1976;Martin Co.-Maurice Martin,August 18,1976;Martin Co.-
Maurice Martin,August 18,1976;Martin Co.-Menno Martin,August 18,1976;Mrs.
Leon French,August 19,1976;Huyette B.Oswald,August 25,1976;Richard E.Doub,
et.al.,September 1,1976,and Donald M.Warfield,September 2,1976.
Development:Spring Valley,Section G,August 4,1976;Woodmoor,Section F,
August 12,1976;Snyder Subdivision,August 12,1976;Elmo Michael,August 18,
1976;William Pennington,Lot 7,August 18,1976;Lester B.Fisher,August 18,
1976;John Flook,August 23,1976;Lewis E.Jones,August 23,1976;Donald War-
field,August 24,1976;Robert N.Myers,August 24,1976;Marguerite Gross,
August 24,1976;Harry Rogers,Jr.,August 24,1976;Dr.and Mrs.Beachley,
August 26,1976;Timothy Haynes,August 26,1976;George S.Burtner,August 26,
1976;Charles A.Papa,August'27,1976;Bryan D.McDowell,August 31,1976;
Williard Custer (Replat),August 27,1976.
NEXT MEETING DATE:
The next regular meeting will be held on Monday,October 4,1976 at 7:30 P.M.
in the second floor conference room of the Court House Annex.
ADJOURNMENT:
TIle meeting was adjourned at 10:25 P.M.on a motion by Mr.Salitsky and seconded
by Mr.Bache.So ordered.
B~o.l.el <R .a+-~
Donald R.Frush,Chairman
October 18,1976
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A Special Meeting of the Washington County Planning Commission was held on Monday,
October 18,1976,at 7:30 P.M.in the Conference Room of the Court House Annex.
Present were:0Chairman Donald R.Frush,Vice-Chairman William E.Dorsey,W.Ter-
rance Bache,John C.Herbst,and W.Keller Nigh.Not present:Sidney Salitksy
and Barbara B.Whitcomb.Staff present:Alan R.Musselman and Ronald L.Shives.
The meeting was called to order at 7:30 P.M.
MINUTES:
The minutes of the Regular Meeting held on September 8,1976,were approved as
presented on a motion by Mr.11erbst and seconded by Mr.Dorsey.So ordered.
CO~NICATIONS:
Letter from Gary L.Wright,Re:Requirements of the Subdivision Ordinance:
A letter was read from Gary L.Wright,in which it was requested that the Commis-
sion consider the subdivision of two lots situated off the Boonsboro-MI..Lena
Road,which does not meet the requirements of Section 405,paragraph 12 B,of
the Subdivision Ordinance.
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.Bache,to
approve the use of a proposed private right-of-way as a means of access to the
subdivided lots under the provisions of Section 107 of the Subdivision Ordinance,
with the condition that the subdivision plat shall include a notation absolving
Washington County of any responsibility for building or maintaining said rights-of
,way.Mr.Wright was advised that he should now proceed with preparation of a
plat in accordance with all requirements of the County's ordinances.So ordered.
SUBDIVISION CONTROL REGULATIONS:
PRELIMINARY PLAT:
Barnie O.Henderson,7 Lots:
Upon review of the plat file,and noting that the Health Department had requested
a geologist's report relative to the possible contamination of soils in the area,
and that information contained in correspondence from the Soil Conservation District
did not correspond to the report,the Commission voted,on a motion by Mr.Herbst
and seconded by Mr.Bache,to grant Preliminary Approval,pointing out that the
geologist's report from Robert B.Balter Company,dated June 14,1976,was
considered as part of the plat file information as evidence of the Commission's
decision.So ordered.
On a motion by Mr.Dorsey and seconded by Mr.Bache,the Commission voted to grant
Final Approval to the plat file,with the condition that a copy of the geologist's
report be forwarded to the Soil Conservation District to correct the information
in their files,prior to authorization of the signing of the final tracing by the
Commission Chairman.Motion carried with Mr.Herbst voting "No".
FINAL PLAT:
Crest Valley,Section A (Revised):
The Commission,noting that requested changes in the plat
based upon the recommendation of the Health Department in
of lots,voted,on a motion by Mr.Dorsey and seconded by
Final Approval to the plat file.So ordered.
Georgia-Pacific,Inc.(1 Lot):For Preliminary Approval:
,
have been complied with
regard to further testing
Mr.Herbst,to grant
In review of the plat file for Georgia-Pacific,Inc.,which is located in the Hag-
erstown -Washington County Industrial Park,the'Chairman brought to the attention
of the Commission,comments in regard 'to the City of Hagerstown's policy as pertains
to annexation as a prerequisite for water service to the site and pointed out that
there was the same condition of approval for Oak Ridge Park Apartments.Also,
Mr.Potterfield'pointed out existing correspondence from the former
Superintendent of the Hagerstown Water Department to the effect that water service
would be provided to the Washington County Industrial Foundation,Inc.
B .}m ~.
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FINAL PLAT (continued):
Georgia-Pacific,Inc.,Contd:
11le following .correspondence was read into the record by the Chairman:
Letter dated September 14,1976 to City of Hagerstown Planning Department;
Letter dated September 21,1976 from City of Hagerstown Planning Department;
Letter dated September 23,1976 to the County Commissioners from Chairman;
Letter dated September 30,1976 from Martin L.Snook to Mayor Paddack;
Letter dated October 15,197&from Fred Papa;Memo dated October 15,1976 from
Richard Schaub following conversation with him on October 14.
Also read into the record the following ARC projects which received funding as
a result of County participation in Tri-County Council:
R.C.Willson Treatment Plant -12/31/74 -725,350;Edgewood Drive Water Project-
12/31/74 -131,300;Booster Zone 3 Improvements -5/27/76 159,000;Update of
Square -5/17/76 -160,000.
Following further discussion with Mr.Urner,Attorney for the Foundation,and
Mr.Potterfield,Director of the Economic Development Commission,and noting
that all conditions have been met,the Commission voted on a motion by Mr.Nigh
and seconded by Mr.Herbst,to grant Preliminary approval to the plat file.
All correspondence is attached by reference to the plat file.So ordered.
Georgia-Pacific,Inc.-For Final Approval:
Noting that water service is,in fact,available pending agreement with the City
of Hagerstown,the Commission voted,on a motion by Mr.Herbst and seconded by Mr.
Dorsey to grant Final Approval,stating for the record that the County will not
be held responsible if water should not be available from the City of Hagerstown.
So ordered.
·On a motion by Mr.Nigh and seconded by Mr.Bach,the Corunission voted to amend the
former motion of approval to include as a part of the plat file,the existing cor-
respondence from the City of Hagerstown Water Department stating that \~ater service
was available to the Washington County Industrial Foundation,Inc.,prior to
receiving the Commission Chairman's signature.(By reference to plat file).So or,''''''ed.
Greenhill Develonment,Section C,Lot 6 -For Final Approval:
Mr.Bernard Charles appeared before the Commission requesting final approval of a
drawing of Lot 6,~lich had previously been presented to the Commission for con-
siderationas a portion of Section E of Greenhill Development.
Noting that correspondence in the plat file dated October 8,1974,granted Pre-
liminary Approval to application No.676,which includes Lot 6 in question,the·
COlmnissiori voted that Lot 6 be processed to agency review for·final approval.'
So ordered;
Further,on a motion by Mr.Nigh and seconded by Mr.Dorsey,the Commission voted
that the most recent preliminary plat contained in the file shall prevail,all
other drawings being returned to the surveyor.So ordered.
R.Earl Roulette -For Preliminary Approval:
Noting that the application conforms with all requirements of agencies and.Town of
Sharpsburg,the Commission voted,on a motion by Mr.Dorsey and seconded by Mr.
Herbst,to grant Preliminary Approval.So ordered.
R.Earl Roulette -For Final Approval:
On a motion by Mr.Dorsey and seconded by Mr.Nith,the Commission voted to grant
Final Approval to the plat file.So ordered.
D.M.Bowman,Inc.(1 Lot)-For Preliminary Approval;
Noting that all requested information had been supplied as requested by various review
agencies,and that the annexation policY"~f'the City of Hagerstown would "also apply
to this lot which is located in the Hagerstown-Washington County Industrial Park,
the Commission voted,.on a motion by Mr.llerbst and seconded by Mr.Bache,"to grant
Preliminary Approval to the plat file.So ordered.
D.M.BOl;man,Inc.(I Lot)-For Final Approval:'it
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On a motion by Mr.Nigh and seconded by Mr.Herbst,the Commission voted to grant
Final Approval to the plat file,stating that the County I;ould not be held respon-
sible if I;ater should not be avai.lable from the City of Hagerstol;n,and to include
as part of the plat file,the existing correspondence relative to providing I;ater
service to the Washington County Industrial Foundation,Inc.,from the City of
Hager~town,.prior to final signature by the Commission'Ch~irman.(By reference
to the plat file).So ordered.
COMMUNICATIONS:
County Commissioners,Re:Annexation Policy-City of Hagerstol;fl:
The Chairman requested that the Commission authorize him to ask the County Commis-
sioners to permit the Planning Commission to enjoin I;ith them in a court suit to
get a clarification of I;ater and sel;er policies imposed on as far-reaching an area
of 7 mile land mass contiguous to the property line of the City of Hagerstol;n in
order that the Commission may properly function in an orderly manner under Article
66B,Section 4.08 and Chapter 1100 Subti tIe B of the Annotated Code.
Follol;ing a three minute recess and further discussion,the Commission voted,on
a motion by Mr.Dorsey and seconded by Mr.Nigh,to authorize the Chairman to pro-
ceed I;ith investigation of the legal aspects of the recently re-stated policy
concerning the annexation pOlicy of the City of Hagerstol;fl as a prerequisite to
providing I;ater and sel;er services to areas outside the City.So ordered.
On a motion by Mr.Nigh and seconded by Mr.Dorsey,the Chairman was directed to
contact three attorneys for an approximation of the cost for research in this regard:
1.Under what obligation is Hagerstol;fl to residents in providing I;ater and sel;er
service once Federal funds are used to improve and upgrade their systems.
(water and sewer)?
2.What obligation did Hagerstol;fl ineuT·once they bought the old Washington County
System franchize?
3.An opinion on the use of discretionary,or arbitrary decision-making by the Mayor
and Council to determine whom receives water and sel;ering as it relates to their
adopted policy in view of suspected incidence where customers were not required
to comply with the existing policy.
4.How the City water and sewer policy dated 1975 is affected in relation to pro-
visions of Article 66B,Section 5.01 and 5.02.
5.Can Hagerstol;n require,and is it binding on future residents,the signing of
a legal agreement of property ol;flers on non-contiguous land to agree that once that
land becomes contiguous,they can be annexed.
6.Does the City Planning Commission have the authority to authenticate annexation
petitioning in order to secure City water and sewer service?
7.Research the opinion of the City's attorney as it relates to the annexation pOlicy
stated by the City Attorney at the Mayor and Council meeting prior to the adoption
of the City's annexation policy.
8.Research Attorney's General opinion in regard to similar situations.
9.Relationship between the City's annexation policy and legal requirements to serve
areas as exposed at public hearing and agreement upon the Water and Waste Water
Plan where they have concurred on W-l/W-3 and S-1/S-3 (immediate service areas)
in the adopted County Water and Sewer Plan.
A thirty (30)day limitation I;as placed on researching the above information and any
other points the attorney feels is applicable or that the Commission might assign.
Such additional work will be given consideration from the standpoint of fees and
time spent.Motion by Mr.Nigh and seconded by Mr.Dorsey.So ordered.
Letter from Vladimir A.Wahbe,Secretary Department of State Planning -701 Funding:
The requirements of ,the 77 FY-P,;1021 (234)701 Contract were brought to the attention
of the Commissi on,particularly as pertains to Scope of Services in that it is
considered impossible to commit the Commission and County Commissioners to public
hearings required and adoption of some aspects of the contract.
On a motion by Mr.Dorsey and seconded by Mr.Nigh,the Conunission directed the
Chairman to negotiate with the State in regard to the requirements of the 701
contract in preparation with meeting I;ith the County Commissioners on October 19,
to review the schedule for the remainder of the fiscal year.So ordered.
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COMMUNICATIONS,CONTO:
Letter from J.II.Seibert,Re:Extension of Time for Consideration of the
"ollowing Plats:
Hubbard Acres and William Pennington:
On a motion by Mr.Herbst and seconded by Mr,Dorsey,the Commission voted to
grant a thirty,(30)day extension of time for consideration of a plat for
Hubbard Acres,expiration of which,shall be November 27,1976.So ordered,
On a motion by Mr.Herbst and seconded by Mr.Dorsey,the Commission voted to
grant a thirty (30)day extension of time for consideration of a plat for
William Pennington,expiration of which shall be November 18,1976.So ordered.
Letter from J.B,.Ferguson,Re:Extension of Time for Consideration of the
Plat for Joan Shriner:
The Commission voted,on 'a motion by Mr.Bache and seconded by Mr.Herbst,to
grant an extension of time for consideration of a plat for Joan Shriner,expir-
ation of which shall be November 19,1976.So ordered.
Appointment to the State Planning Board of Directors by Chairman:
On a motion by Mr.Nigh and seconded by Mr.Herbst,the Commission voted to
table this item of 'business.So ordered.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
It was brought to the attention of the Commission that the 10C Year Flood Plain
must be incorporated into the next update of the Zoning Ordinance in oTder to
retain elegibility in the Flood Insurance Program.'
Areas of Critical State Concern:
A synopsis of guidelines for the identification of Areas of Critical State Con-
cern and sample of nomination were distributed for information of the Commission.
Water and Sewer Plan Amendments:
It was brought to the attention of the Commission that the update of the Water and
Sewer Plan has been completed.On a motion by Mr.Dorsey and seconded by Mr.
Herbst,the Commission authorized preparation for a public hearing held jointly
by elected officials and Planning Conllllissions of both City and County for the
first week in December.So ordered.'
Antietam Basin Facilities Plan (201):
Following short discussion,the Commission concurred to remove this item from the
agenda.
Rezoning Cases RZ-139,and 144-148:
The County Commissioner's public hearing to consider Rezoning Cases RZ-139 and
RZ-144 -RZ-148 has been scheduled for October 26,1976 in Court Room ff 1 at
7:00 P.M.
Panhandle Lots:
The Chairman recommended that a proposal for administrative approval of subdivision!
containing up to five lots be prepared by the staff for consideration by the
Commission for update of the Subdivision Ordinance along with other proposals
for amendment to be taken to public hearing.
Elsie M.Reed -Preliminary and Final Plat:
Noting that the plat file contained a letter from J.T.Wolford in which he
confirmed County maintenance of Corner Road,and had therefore been processed and
approved,the Commission voted to remove this item from the agenda under Old and
Unfinished Business.Motion by Mr.Bache,seconded by Mr.Herbst.So ordered.
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NEW BUSINESS:
Personnel Study:
Consideration 'of the Personnel Study will be withheld until the County Corrunissioners
have completed their study of the proposal.
Advisory Board Meeting with Commission:
The Comnlission agreed that the entire Advisory Board be extended an invitation
to attend the special meetings for consideration of materials prepared in the
update of the Comprehensive Plan.
Establishment of a New Community Task Force:
It was requested that the County Commissioner's representative ask for their
recommendations in regard to appointment of members to the New Community Task Force.
OTHER BUSINESS:
Plats Approved Under Administrative Policy:
Development:Isaac W.Norris,Et Ux,2 Lots,9/16/76;Hartman Subdivision,1 Lot,
9/17/76;Brenda Shoemaker,1 Lot,9/21/76;James Kline,1 Lot,9/22/76;Harry and
Helen Bussard,1 Lot,9/30/76;Ray C.Mills,1 Lot,9/29/76;Isaac W.Norris,Et
Ux,1 Lot,10/5/76;Benjamin Weller,1 Lot,10/5/76;Harry L.Toms,1 Lot,10/7/76;
Paul Hancock,1 Lot,9/29/76;Elsie M.Reed,1 Lot,10/7/76;David L,Palmer,Lot A,
10/7/76;Boonsboro Limited Partnership,Parcel 13,10/8/76;Charles Stottlemeyer,
1 Lot,10/11/76;Jehn A.Griffith,1 Lot,10/11/76;Elizabeth Young,1 Lot,10/13/76;
.Burnside Acres,Lots 1 and 7,10/15/76;Ira M.Pike,Lot B,10/15/76;Philip S.
Petry,Lot 2 (Replat),10/18/76;Hull Subdivision,Lot 4,Section 1,10/18/76.
Simplified:Carl Z Romesburg,9/10/76;Ronald W.Biser,9/15/76;Roger and Cora
Rowe,9/15/76;Clara J.Belew,9/17/76;Havenwood Hill,Inc.9/20/76;Havenwood
Hill,Inc.,9/20/76;Harvey K.Shank,Jr.,9/22/76;Donald Lee Swope,9/22/76;
George E.Mannick,9/24/76;Constance Wessells,9/23/76;Stanley Schetrompf,10/1/76;
Charles Kelley,10/1/76;Herbert F.Mease,10/7/76;Stephen H,Whilden,10/11/76.
Extension Letters:
Letters of extension have been granted by telephone vote of the Commission due to
delay of the regularly scheduled meeting.For entry into the record,they are:
Mauk Subdivision -30 day extension to November 16,1976;Timber Ridge Heights -
30 day extension to November 13,1976;Fairplay Farms,Section B,(replat)-30
day extension to November 12,1976.
NEXT MEETING DATE:
The next regular meeting of the Planning Commission will be held on Monday,Nov-
ember 1,1976 at 7:30 P.M.in the Conference Room of the Court House Annex.
ADJOURNMENT:
The Commission meeting was adjourned at 10:35 P.M.on a motion by Mr,Dorsey and
seconded by Mr.Nigh.So ordered.
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Donal,CR,Frush,ChaIrman
November 1,1976
The regular meeting of the Washington County Planning Commission was held on
Monday,November I,1976 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,Terrance
W.Bache,John C.Herbst,W.Keller Nigh and Barbara B.Whitcomb.Not present:
Sidney Salitsky.Staff:Alan R.Musselman,Planning Director and Ronald L.Shives
and James B.Witherspoon,Assistant Planners.
MINUTES:
The minutes of the Special Meeting held on October 18,1976,were approved as
presented,on a motion by Mrs.Whitcomb and seconded by Mr.Bache.So ordered.
COMMUNICATIONS:
Letter from Leonard J.Williams,Re:Requirements of the Subdivision Ordinance:
Mr.Williams appeared before the Commission requesting consideration of approval
of a proposed 2 and 4 acre transfer of lots to adjoining property owners who
have been served by a private right-of-way off Route 68,across Mr.Williams'
property for a number of years.Correspondence from the State Highway Adminis-
tration,dated September 25',1974 relative to inadequate site distance was
brought to the attention of the Commission.It was also pointed out by Mr.
Williams that approximately 18 ft.of parking area,maintained by the Pryors,
at the entrance of the right-of-way might be utilized to compensate for the
inadequate site distance.Mr.Williams requested the Commission to consider
the conveyances under Section 107 in regard to access to the lots,assuming
that all other conditions of the Ordinance can be met.
On a motion by Mr.Herbst and seconded by Mr.Dorsey,the Commission voted to
advise Mr.Williams to proceed with preparation of a subdivision plat under
Section 107 of the Subdivision Ordinance,in compliance with all requirements
for approval,based upon the previous discussion in regard to access.So ordered.
Letter from John H.Urner,Re:Requirements of the Subdivision Ordinance:
Mr.Urner appeared before the Conunission in behalf of Mr.William Newton Rhine-
hart,relative to acquiring property,situated on Md.Route 65,which does not
comply with the requirements of the adopted Highway Plan for minimum distance.
Following discussion in regard to access of the parcel in question by means of
a service road,or by existing access by the present owner,the Commission vot.eQ.,.,..•.--_..--"",
on a motion by Mr.Dorsey that the client be advised to contact the present
owners of the land in regard to the suggestion of using a common entrance,and
that information be shared with the State Highway Administration to inquire if
they will provide an adequate entrance design for the use of the parcel.The W
motion was seconded by Mrs.Whitcomb,and carried.It was suggested that .a
copy of the letter to be sent to the State Highway Administration,be forwarded
to Mr.Urner.
SUBDIVISION CONTROL REGULATIONS:
Arboranda Estates,Section ~,Lots 8 &9:
Following discussion of correspondence from the County Engineer,dated October I,
1976,in regard to site grading plans,and correspondence from the Soil Conser-
vation Service as pertains to soil limitations,dated September 27,1976,the
Commission voted,on a motion by Mr.Nigh and seconded by Mr.Dorsey to instruct
the Chairman to meet with the County Engineer in order to clarify recommenda-
tions as pertains to approval of site grading plans as a condition of plat approval
in many instances.So ordered.
Further,the Commission voted,on a motion by Mrs.Whitcomb and seconded by
Mr.Dorsey,to direct the Chairman to meet with the Soil Conservation District
as pertains to continuing problems in regard to inforlnation provided,notifying
the Commission members of such meeting should they wish to be present.So
ordered.
Arboranda Estates,Section B,Lots 8 &9:Preliminary and Final Approval:
The Commission voted,on a motion by Mr.Bache and seconded by Mr.Dorsey to
grant Preliminary Approval to the plat file.So ordered.
On a motion by Mr.Bache and seconded by Mr.Herbst,the Commission voted to
grant Final Approval to Lots 8 and 9 of Arboranda Estates,Section 11'.So ordered.
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Letter from Michael Bott,J.B.Ferguson Engineering Company,Re:Extension
of Time for Consideration of the Following Plats:
On a motion by'Nr.Nigh and seconded by Mr.Bache,a thirty (30)day extension
of time for consideration of the following plats was granted by the Commission:
Emmert Subdivision,30 day extension to December 13,1976;Fairplay Farms,Section
B,30 day extension to December 12,1976;Mauk Subdivision,30 day extension to
December 16,1976;Joan K.Shriner,30 day extension to December 19,1976;
Timber Ridge Heights,East,30 day extension to December 13,1976.Extensions
of time will ,expire on date indicated by which time the plats will be considered
.by_the Commission.It was also t".'luested thatthe owners be notifie_d__()f said
extensions of time as requested by the surveyor.So ordered.
Fox and Associates,Inc.,Re:Extension of Time for Consideration of Green-
hill Development,Lot 6:
On a motion by Mr.Herbst and seconded by Mr.Nigh,the Commission voted to
grant a thirty (30)day extension of time for consideration of the plat for
Greenhill Development,Lot 6 to December 19,1976,by which time the Commission
will consider the plat.The owner is to be notified of this request.So ordered.
Letter from Oliver-Cump Associates,Re:Extension of Time for Consideration of
Clyde Deal,Parcel A:
The Commission voted,on a motion by Mrs.Whitcomb and seconded by Mr.Nigh,
to grant a thirty (30)day extension of time for consideration of Clyde Deal,
Parcel A,expiration of which shall be January 4,1977,with notification of the
Commission's action to the developer/owner.So ordered.
Letter from J.H.Seibert,Re:Extension of Time for Consideration of the
Following Plats:
On a motion by Mr.Bache and seconded by Mr.'Dorsey,the Commission voted to
grant the request for a thirty (30)day extension of time with notification to
the developer of same to the following plats:W.Preston Howard to December
2,1976;Hubbard Acres to December 27,1976;Willimll Pennington,LO December
18,1976.
Letter from Wesley R.Patterson,Re:Extension of Time for Consideration of
Plat:
On a motion by Mr.Dorsey and seconded by Mr.Bache,the Commission voted to
grant the request for a sixty (60)day extension of time for consideration of
a plat for .Wesley R.Patterson to January 14,1977,by which time the Commission
will consider the plat.So ordered.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
The Chairman brought to the attention of the Commission,correspondence from
the Department of Housing and Urban Development'relative to a meeting to be
held on November 3,pertaining to the Flood Insurance Rate Study,by the
Federal Insurance Administration.The Commission agreed that a request be ma.de
to the County Commissioners for their position as pertains to the latest study
by the Department of Natural Resources,with the reconm:endation that the Corps
of Engineers be ma.de aware that the County may be incorporating the 100 year
flood plain study into their zoning regulations.
Areas of Critical State Concern:
This item will be discussed under 701 funding.
Wat~r and Sewerage Plan Amendments:
For information of the Commission,the Chairman stated that Planner Bob Garver
is working with the City of Hagerstown and others to\~ard a public hearing for
the Water and Sewerage Plan Amendments which will probably be scheduled for the
first week in December.
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OLD AND UNFINISHED BUSINESS,CONTD:
Rezon~Cases BZ-139 and 144-148:
On a motion by Mrs.Whitcomb and seconded by Mr.Dorsey,the Commission voted
to remove this item of business'from the agenda noting that previous action
has been taken.So ordered.
The 7.oning Administrator brought to the attention of the Commission,Case RZ-150,
involving a mistake on the original zoning maps and recommended that parcel 278,
map 50,be changed from "P"(Public)to "A"Agricultural or "HI"Highway Interchar
whichever classification is appropriate,
The Commission voted,on a motion by Mr.Nigh and seconded by Mrs,.Whitcomb,to
sponsor Case RZ-150 to be taken to public hearing for rezoning classification
from "P"(Public)to "HI"QHghway Interchange;J So ordered.
On a motion by Mr.Nigh and seconded by Mr.Dorsey,the Commission voted to sponsor
RZ-~,a text amendment to Section 28.76 as pertains to stables,to be taken to
public hearing.So ordered,'
701 Funding -Updating the Plan:
Following discussion of the requirements of the FY '77 701 Third Party Contract
as pertains to meetings required by the Commission and County Commissioners
to meet the stated deadline for completion,the Commission voted,on a motion by
Mr.Dorsey and seconded by Mrs.Whitcomb,to forward the current Comprehens~ve
Planning Assistance Project,MD.P"1021,to the County Commissioners for their ,
consideration,with the request that they be advised of the time element involved
in completion of the Scope of Services.It was also requested that the County
Commissioners ask the Department of State Planning for an extension of time for
completion of these elements,from May 31,1977 to July 1,1977,without any
default in payments,as a more feasible scheduling.,-So,',\ordered.
On a motion by Mr.Nigh and seconded by Mr.Bache,the Commission voted to hold
an Executive Session at this time.Motion carried with Mrs.Whitcomb voting "No"
The meeting was adjourned at 10:10 P.M.on a motion by Mr.Nigh and seconded
by Mr.Bache.So ordered.
The meeting reconvened following Executive Session at 11:50 P.M.
The Chairman requested the Commission to consider a meeting on Monday,November 8,
at 4:00 P.M.for the purpose of meeting with the Commission stafJ;to discuss"."
organizational structure at'4:00 P.M.in the Commission's office,~,'"',c~C,_,
Maryland Association of County Planning Officials:
On a motion by Mr.Dorsey and seconded by Mr.Bache,the Commission voted to
authorize funds for the Chairman and the designated appointee to the State Planning
Board,the the Annual Winter Meeting of the Maryland Association of County Planning
Officials on December 1,2 and 3.So ordered.'
NEW BUSINESS:
Personnel Study:
For the information of the Commission,the Chairman brought to their attention,
correspondence from the Acting County Administrator relative to County policy ,
as pertains to staff,
Plan Element Completion Schedule:
A continuation of discussion of update of the Comprehensive Plan is scheduled for
Monday,November 15,at 6:00 P.M.
New Community Task Force:
The Chairman reported that no communication from the County Commissioners has
been received relative to the New Con®unity Task Force appointees,
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NEW BUSINESS,CONTD:
Rezoning Cases:"RZ-149,150, 151,152:
There will be a public hearing held by the Planning Commission on December '13,
1976 on the above referenced Rezoning Cases.
OTHER BUSINESS:
Plats Approved Under Administrative Policy:
DEVELOPMENT:Otho K.Haupr,Lot 1,11/1/76;Clyde W.Deal,Parcel B,10/29/76;
Thomas C.Blickenstaff,10/29/76.
SIMPLIFIED:Alvey Baer,10/27/76;LuRose Estates,Inc.,10/27/76;Gary K.Hover-
mill,11/1/76;Samuel A.Crilley,11/1/76;Ralph M.Delauder,Parcel A,11/1/76;
Parcel B,11/1/76;Hagerstown Lumber Company,10/20/76;Frederick W.Keyser,
10/29/76.
Citizen Participation:"
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Following discussion as pertains to Advisory Board participation and involvement
in the planning process,particularly as relates to attending meetings and review of
revisions in the update of the plan,the Commission Chairman asked Barbara Whit-
comb to approach the Advisory Board for their suggestions and recommendations
as to how they can best utilize the participation program.All materials which
are to be reviewed by the Commission will also be provided simutaneously to the
Chairman of the Advisory 'Board.-
Annexation Policy:
The Chairman reported stated for the record,that John Urner has been approved
to proceed with research as pertains to the annexation policy of the City of
Hagerstown as outlined in the minutes of the Commission meeting of October 18,
with a completion in thirty (30)days time and not to exceed $450.00.in costs.
MEETING DATES:
The next regular meeting of the Commission will be Monday,December 6,1976 at
7:30 P.M.in the Conference Room in the County Office Building.
ADJOURNMENT:
The meeting was adjourned at 12:30 P.M.on a motion by Mrs.Whitcomb and seconded
by Mr.Nigh.So ordered.
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Donald R.Frush~Chairman
November 22,1976
The Washington County Planning Commission met in Special session on Monday,
November 22,1976,at 6:30 P.M.in the second floor conference room of the
County Office Building.
Present were:Chairman Donald R.Frush,Vice-Chairman William E.Dorsey,Ter-
rance W.Bache,John C.Herbst,Sidney Sali tsky and Barbara B.Whitcomb.Not
present:W.Keller Nigh.Staff:Planning Director Alan R.Musselman,Assistant
Planners Ronald L.Shives,Robert B.Garver and James B.Whitherspoon.Also,
William E.Wolford,Chairman of the Advisory Board and members,Superintendent of
~'lagerstown Water Department and the tlashington County Sanitary Dis trict.
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MINUTES:
Upon correction of the Minutes of the last meeting on page 1 under Communications,
Letter from Leonard J.Williams,to read Route 68 instead of Route 66,the Com-
,mission voted,on a motion by Mrs.Whitcomb and seconded by Mr.Salitsky,to
approve the minutes of November 1,1976,as amended.So ordered.
INTRODUCTION TO PLAN REVISION:
A'general format for the update of the Comprehensive Plan,as previously concurred
upon,including only headings for various sectionsl<as presented by the Planning .
Dire'ct"o"i'.He 'pointed out that the Goals'have !:ieen included as have been adopted,
and read an introductory statement for inclusion pending recommendations by the"
Advisory Board and Commission consideration.
A general discussion followed the presentation of the Introduction relative to
positive comment as pertains to the new Plan,specific reference to the Goals,
specific reference as to what the new Plan is going to be,and at what point the
Introduction should be prepared and incorporated into the Plan.'
On a motion by Mr.Bache and seconded by Mr.Salitsky,the Commission voted to
retain the Introductory Statement as presently composed,keeping notes of all'
comments,until such time that the update of the plan is completed.Question
was called on the motion.Mrs.Whitcomb voted "No".
On a motion by Mr.Dorsey and seconded by Mrs.Whitcomb,the Commission voted to
draft an explanation of the Plan update to be made a part of the,record,and to
be included with any exposure of the Plan revision.So ordered.
It was also pointed out that the Advisory Board to the Planning Commission.will
be receiving any and all materials at the same time it is distributed to the
Commission menJf>ers.
BACHE DISCUSSION:
Mr.Bache stated'that he wished to discuss the growth management'plan and plan mar
in terms of what should be considered,with the full Commission.
On a motion by Mr.Dorsey and seconded by Mr.Salitsky,the Commission voted:
that the discussion not be included on the agenda at this point,and be reconsidered
at the end of the meeting.So ordered.
CORRESPONDENCE:
Letter from J.H.Seibert,Re:Extension of Time for Preston Howard:
On a motion by Mrs.Whitcomb and seconded by Mr.Salitsky,the Commission voted
to grant the request for a thirty (30)day extension 'of time for consideration
of'a plat for Preston Howard,expiration of which shall be January 2,1977,with
notification to the developer of this action.So ordered .
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SUBDIVISION PLAT:
William E.Pennington:
The staff brought to the attention of the Commission,an existing geologist's report
in regard to location of septic systems on the lots in question and correspondence.
from the Health Department requesting clarification of restrictions and condition
imposed by the Department of Water Resources.
On a motion by Mrs.Whitcomb and seconded by Mr.Bache,the Commission voted to
direct the staff to include all additional information in the plat file and
bring the application back to the Commission at the earliest possible date for
consideration.A copy of the above mentioned correspondence is to be sent to
the owner.So ordered.
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WATER AND WASTEWATER PLAN:
Copies of the 1976 amend~ent to the Water and Waste Water Plan,'as required by
the State Department :of Health and Mental Hygiene,were distributed to the
Commission for their review.An amendment summary and requests for amendments
were brought to the attention of the Commission.
Following lengthy discussion as pertains to the inclusion of a sewer commitment
policy and water allocation policy from the City of Hagerstown,and discussion
of the Facilities Plan,the Commission voted,on a motion by Mr.Bache and seconded
by Mr.Salitsky,to authoriz.e the Chairman to pursue preparation of a Memorandum
of Understanding,in order that some form of .sewer commitment from the City of
.Hagerstown is included in the update of the Water and Sewerage Plan.So ordered.
On a motion by Mr.Dorsey and seconded by Mr.Bache,the Commission voted to
incorporate the City of Hagerstown's Water Allocation Policy as page 1I-22A
or the appropriate section of the Water and Sewera~e Plan.Motion .carried.
On a motion by Mr.Dorsey ,and seconded by Mr.Sali tsky,the Commission voted
that all information and suggestions submitted by the Sanitary Commission by
r .._.c~rrespondence dated November 15,1976,to be incorporated into the latest update
of the Water aT\d Sewerage Plan to be taken to public hearing.So ordered.
On a motion by Mr.Dorsey and seconded by Mr.Salitsky,the Commission voted to
.remove pages IV-3D and IV-3l,noting that the infomation will be considered in
the 1977 update of the Water and Waste Water Plan.So ordered.
I
Mr.Nunamaker brought to the attention of the Commission that the current Water
and Selver Plan update shows a tie-in of the Maugansville-Orchard Hills section
through the Fountainhead sewers,and that the 201 Facilities Plan shows that area
tying into the Marsh Run interceptor.In view of the fact that the area is
No.236 on the 77 FY priority list and an application has to be filed based upon
what the Facilities Plan is going to show,the application would be in conflice wien
the Water and Sewer Plan.It was also pointed out that an interceptor would have to
be built to connect from Sanitary Sub-District #6 to the treatment plant.
Discussion followed on how the two authorities would tie together to provide the
necessary services in the areas of conflict .._...,'
The Commission voted,on a motion by Mr.Herbst and seconded by Mr:Bache,to
contact the.consultants for the Facilities Plan to·see if there are any changes
contemplated in the areas of conflict,and if not,address the Water and Sewer
Plan based upon those portions of the 201 Plan pertaining to major ii~es to serve
the major growth areas.So ordered.
Mr.Breichner pointed out that no funding has been considered for any development
east of the railroad tracks in the Paramount -Spring Valley area and to his
knOWledge no water plan is provided for in the 201 Facilities Plan .
.On a motion by Mr.Dorsey and seconded by Mr.Salitsky,the Commission voted to
direct the staff to amend the water plan to include all necessary water facilities
to reflect the proposed sewer areas in the 201 Facilities Plan.So ordered.
On a motion by Mr.Bache and seconded by Mrs.Whitcomb,the staff was authorized
to make documented changes of service areas as necessary on the maps to be taken
to public hearing based upon the last motion.
Motion carried.
On a motion by Mr.Herbst and seconded by Mr.Bache,the Commission voted that any
changes made in individual requests for classifications be included to be taken to
pUbiic hearing,based upon the previous motion.So ordered.
NEXT AGENDA:
On a motion by Mr.Salitsky and seconded by Mr.Dorsey,the Commission agreed that
the agenda for the next special lneeting should consist of the following items:
1.Community Facilities presentation beginning at 6:30 P.M.,2.Synopsis and
Background of Plan Update;3.Subdivisions ~hat are critical;4.Letter from
attorney,re:Research of Annexation Policy.So ordered.
BACHE DISCUSSION:
The meeting continued in the Co~nission office at this point for a discussion
of the Environmental Constraints Map,and the direction the update of the Plan
is to take.Mr.Bache expressed his personal concerns as to the use made of.the
detailed sensitive areas on the map.The Commission unanimously agreed that any
further work on the map should be delayed,with the exception of the legend,until
a field trip could be made to some of the areas depicted prior to scheduling a
meeting for further discussion of the map.It was agreed that the map will not
be reduced.
Halfway Park Design:
The Chairman announced that the Halfway Park Design proposal was being presented
to the County Commissioners on Tuesday,November 23,1976 at 3:30 P.M.for
their consideration.
Water and Sewer Plan Public Hearing:
The Chairman was authorized to approach the County Commissioners 'with the
request that they cooperate with the City Planning Commission inchanging.the
joint public hearin:.;on the Water and-·S'~Herage Plan to a Monday night.The
date tentatively selected is January 10,1977.
PERSONNEL ~~3TERS:
,
On a motion by Mr.Herbst and seconded by Mr.Salitsky,the Commission voted to
terminate employment of Thomas Van Dyke with the Commission,effe<e.tJ ve November 30 •..
1976,based upon previous action by telephone ·poll....So ord~red.:.:._=_1'
ORGANIZATIONAL CHART:
Upon review of the draft Organizational Chart,the Commission voted,on a motion
by Mr.Dorsey and seconded by Mr.Salitsky,that the Chairman be authorized to
proceed with amendment of the chart to change draftlngaide to graphics assistant,
with 2 Associate Planners II,2 Associate Planners III,and Department Secretarys
I and II.So ordered.-
On a motion by Mr.Dorsey and seconded by Mr.Salitsky,the Commission voted to
adopt the Organizational Chart,as amended.So ordered.
ADJOURNMENT:
The meeting was adjourned at 11:45 P.M.
YJ.~rR---t1~
Donai-d-R.·Frush;Chairman
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November 29,1976
A Special Meeting of the Washington County Planning Commission was held on Monday,
November 29,1976 at 6:30 P.M.in the second floor conference room of the County
Office Building.
Present were:Vice-Chairman William E.Dorsey,Terrance W.Bache,John C.Herbst,
W.Keller Nigh,Sidney Salitsky and Barbara B.Whitcomb.Staff:Planning Dir-
ector Alan R.Musselman,Assistant Planners James B.Witherspoon and Ronald L.
Shives.Not present:Chairman Donald R.Frush.
Also present were members of the Advisory Board to the Planning Commisison.
COMMUNITY FACILITIES:
James Witherspoon presented to the Commission,the general policies of the six
categories of the Community Facilities Study which are,Educational Facilities,
Health Facilities,Fire and Rescue Facilities,Police Protection and Detention
Facilities,Civic Cultural Facilities and Office Space.
Educational Facilities:This portion of the study was worked out between the
staff of the Planning Commission and Board of Education Staff.It was brought to
the attention of the Commission that portions of the Annotated Code,namely
Article 77,provides legal authorization of the Planning Commission to be involved
in school site selection in so far as land use is concerned.
Mr.Nigh pointed out that it may be desirable and necessary for the County Com-
missioners to serve as liaison between the Planning Commission and the Board of
.'Education in this regard,as outlined in recommendation 1.It was also pointed
out that the recommendation may be too limiting and should be rewritten.Also,
deletion of Policy 10.
Health Facilities:The recommendation as pertains revision of the Zoning Ordinance
so that provisions are made for the location of group and family care homes should
be under Policy.Group and Family Homes should be defined.
Fire and Rescue Facilities:Policy 1 should state "along with all other considerations
and criteria".Policy 3:It should be recognized tha.t Volunteer Fi're Companies
can be placed anywhere since they are not funded by the County government.
Police Protection and Detention Facilities:Feed-back from County Commissioners
likely in regard to Policy 2.Reword Policy 3 -Legislation required to establish
Commission.'Change "shall"to "should"throughout.
Civic and Cultural Facilities:Policy 2 is too specific and should become a
recommendation.
Government Office Space:Comment in regard to provision of adequate parking
facilities.
Mr.Bache pointed out that it ~s important to 'recognize and be shown in the
Plan,constraints on policies and recommendations,specifically,the additional.
cost of adding facilities,such as fire and rescue,health care,etc.,and also
address the impact on housing costs of any additional requirements.
'SUBDIVISION PLAT:
William E.Pennington For Preliminary and Final Approval:
On a motion by Mr.Herbst and seconded by Mr.Salitsky,the Commission voted to
add to the agenda for consideration,a plat for William E.Pennington in accordance
with Con~ission action of November 22,1976.So ordered.
Noting that Health Department approval has been received and made a part of the
plat file and that there are no conditions or restrictions on the permit issued
by the Department of Water Resources,the Commission voted on a motion by Mr.Herbst,
seconded by Mr.Bache,to grant Preliminary Approval.So ordered.
On a motion by Mrs.Whitcomb and seconded by Mr.Salitsky,the Commission voted to
grant Final Approval to the plat file ..The Commiss'ion Chairman I s signature shall
not be affixed to the final tracing until the plat has been signed by all approving
agenCies.So ordered.
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TRANSPORTATION BACKGROUND STUDY:
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-Copies of the Transportation Background Study were distributed to the Commission
members and those present from the Advisory Board.for their information.
AREAS OF CRITICAL STATE CONCERN:
Additional material to be added to the portion of the study already distributed,
was discussed.Included was the results of the 1975 Questionnaire and the
tabulated results.A review of the guidelines and the legislation adopt~d
requiring the local government to identify Areas of Critical State Concern was
reviewed.Also included in the materials to be added were samples of nomina-
tions,inventory summary and a chart for determining criteria in analyzing
the inventory.It was pointed out that completion of specific areas or sites
to be included in the three categories must be completed and submitted early _
in 1977 and will be incorpo~ated in the plan.The Planning Director was authorized
by the Commission to proceed in the process of analyzing the critical areas as
outlined under the procedures to identify and establish their criticallity.
ELECTION OF VICE-CHAIRMAN:
----The Vice-Chairman,due-to his resignation from the Planning commission,ettective-"'-
_.December15,asked for nominations for that office from the floor;
M~.Whitcomb-voted to nom1nate John Herbst,seconded by Mr.Salitsky for the
office of Vice Chairman.-Motion carried.
On a motion by Mr.Salitsky and seconded by Mr.Bache,nominations for the office
of Vice-Chairman were closed.Unaminously carried.
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HOUSING ELEMENT:'.,
Mr.Witherspoon distributed the Housing Plan Requirements under 701 Federal Regis'
Requirements and a recommended action plan for the development of the Washington
County Housing Plan element,and -asked for consideration of an appointment of
a Sub-Committee to assist in preparation of the report.
Mr.Bache and Mrs.Whitcomb both indicated their willingness to serve on a
committee of this type and asked that additional names be brought back to the
Commission at the next meeting so that a Committee can be appointed at that time.
Mr.Nigh stated that if the Planning Commission would bring regulatory problems
to the attention of the County Commissioners,they in turn could bring these
problems to the attention of the State.
NEXT MEETING DATE:
The next regular meeting of the Planning Commission will be on Monday,December 6,
1977 in the second floor conference room of the County Office Building.
ADJOURNMENT:
The meeting was adjourned at 10:40 P.M.on a motion by Mrs.Whitcomb and seconded
by Mr.Salitsky.So ordered.
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Donald R.Frush,Chairman
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December 6,1976
An Executive Session of the Washington County Planning Commission was held prior to
the call to order"of the regular meeting on Monday,December 6,1976,at 7:00 P.M.
in the second floor conference room of the County Office Building.
Present were:Chairman Oonald R.Frush,Vice Chairman William E.Dorsey,Terrance
W.Bache,John C.rlerbst and Barbara B.Whitcomb.Not prese~t:
W.Keller Nigh.
RESIGNATION OF .ACTING EXECUTIVE DIRECTOR:
Mr.Frush stated.that he felt it necessary for hirn to resign as Acting Executive
Director,this date effective 4:00 P.M.due to his intention to announce his
candidacy.for Mayor of Hagerstown,and recommended that the position be permanently
filled at the earliest possible date.
On a motion by Mrs.Whitcomb and seconded by Mr.Dorsey,the Commission voted to
accept Mr.Frush's resignation from the Acting Executive Director's position,ef-
fective 4:00 P.M.December 6,1976.So ordered.
Following a discussion in.regard to the distribution of duties and responsibilities,
the Commission voted,on a motion by Hr.Bache and seconded by Hr.Herbst,to
appoint Alan Musselman as temporary Acting Executive Director until such time that
the position can be permanently filled.The motion was further amended to authorize
the Chairman to give guidance in written policies to be followed as pertains to
distribution of duties to staff personnel and established administrative policies.
So ordered.
It was also brought to the attention of the Commission that the position of Execu-
tive Director would have to be advertised in accordance with County policy.A file
of resumes of persons who have applied for positions with the Planning Corunission
was submitted to the Commission for their review.
CHAIRMAN -LEAVE OF ABSENCE:
At the request of the Chairman,the Commission granted him a leave of absence from
the Commission,effective December 7,1976 at 10:00 A.M.for a period of two months
through January 26,1977.Motion by Mrs.lrhitcomb,seconded by Mr.Dorsey.So ordered.
)
,The Chairman also brought to the attention of the Commission his intention to resign
as point-of~contact for State Clearinghouse review to the Board of County Commissioners
at ID:lO A.M.,December 7,1976,as a point of information.
The Executive Session adjourned at 7:30 P.M.
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Donald R."Frusn.,-Chalrman
December 6,1976
The regular meeting of the Washington County Planning Commission was held on
Monday,December 6,1976,at 7:30 P.M.in the conference room of the County
Office Building.
Present were:Chairmall Donald R.Frush,Vice-Chairman William E.Dorsey,John
C.Herbst,Terrance W.Bache and Barbara B.Whi tcmob.Not present:W.Keller
Nigh.
Staff:Planning Director Alan R.Musselman,and James Witherspoon,Planner.
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MINUTES:
The minutes of the Special Meeting of November 22,1976 were approved on a motion
by Mrs.Whitcomb and seconded by Mr.Herbst.So ordered.
The Minutes of November 29,1976,were approved with the following corrections
and additions:Page 1.Add heading SUBDIVISION PLAT,prior to William E.Pen-
nington plat;Page 1.Under Community Facilities,include in policies,statement
that limititations are recognized in regard'to cost and impact as pertains to
housing costs;Page 2.Under Election of Vice-Chairman correction to'properly
indicate Mrs.V'hi tcomb voting to nominate Mr.Herbst for Vice-Chairman,seconrled
by Mr.Sali tsky,and Mr.Salitsky voting to elect [.Ir.Herbst for the o{fice of
Vice-Chairman,seconded by Mr.Bache.The minutes of November 29,as amended
were approved on a motion by Mr.Salitsky,seconded by Mr.Herbst.So ordered.
ADDITION TO AGENDA:
On a motion by Mrs.Whitcomb,seconded by Mr.Bache,the Commission voted to
add to the agenda for consideration,under Communications,Letter from 11'.C.
Schroeder,and Harpers Ferry Committee Appointment and other items of unfinished
business,under Unfinished Business.Also requested to be added,letter for
extension of time for Stone leigh Estates.So ordered.
COMMUNICATIONS:
Letter from J.B.Ferguson,Re:Extension of Time for Consideration of
Stoneleigh Estates:
The Commission voted,on a motion by Mr.Herbst and seconded by Mr.Bache,to
grant an extension of time 'for submission of a final plat for Stone leigh Estates.
So ordered.
Letter from 11';C.Schroeder,Re:Relocation of Food Store:
A letter was read from Mr.W.C.Schroeder,dated December 6,1976,in which an
audience for hearing was requested relative to consideration of a zoning request
for a 3.6 Acre parcel situated on Pennsylvania Avenue to be used for relocation
of a food store.The rezoning request had been withdrawn by the petitioner.
Following discussion of the request with the Zoning Administrator,the CommissiPJL,
voted,on a motion by.Mr.Herbst and seconded by Mrs.Whitcomb,to stay within
the scheduled zoning'cycle,thereby denying the request for a special hearing.
So ordered.
PRELIMINARY PLAT AND SITE PLAN:
Maugansville Elevator and Lumber Company:
Upon review of the plat file information,and discussion in regard to placement of ..
the propos~d fuel tanks and comments of the Soil Conservation District,and ~ropos~d
fire hydrant locatl0n,the Commission voted to grant Prellminary Approval,on a .
motion by Mr.Herbst,seconded by Mr.Bache,with the request that the fire hydrant
location be shown on the final plat to be presented for signature.So ordered.
On a motion by Mr.Herbst and seconded hv Mr.Bache.the Commission voted to
grant Final Approv~,l to the plat file;with the condition that placement of the
fire hydrant be shown prior to receiving final signature.So ordered.
In clarification of Co~~ission action,the Commission voted,on a motion by Mr.
Herbst and seconded by Mrs.Whitcomb,to grant preliminary and <'inal 8,pproval to
the site plan,a:ld prel1mmary and final approval to the plat submitted for
development.So'ordereJ.~
COMMUNICATIONS:
Letter from Robert M.Johnson,Fox and Associates,Inc.,Re:Concept Plan
for Ponderosa Steak 'House:
A letter was read from Mr.Robert M.Johnson in which it was requested that the
Commission review comments of reviewing agencies as submitted as a result of
preliminary consultation for the concept plan for Ponderosa Steak House.
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COMMUNICATIONS (Contd):
Letter from Robert M.Johnson,Fox and Associates,Inc.,Re:
Concept Plan for Ponderosa Steak,House (Contd):
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Following revie~,of information contained in the plat file,specifically State
Highway Administration comments as regards turning movements of traffic and
right-of-way reservation on Pennsylvania Avenue,signalization of the intersection
at Pennsylvania Avenue and Club Road possible relocation of the entrance to allow
for possible future right-of-way,comments of the Traffic Advisory Co~ittee,and ,
comments of the Sanitary Commission relative to the Water and Sewer Plan and I
Facilities Plan,the Commission voted to respond to the developer with the I
request that recommendations of the State Highway Administration be adhered to,!
taking into consideration also,comments of the Traffic Advisory Committee,the !
Sanitary Commission and other agencies in vreparation of a site plan satisfying
all requirements.Motion by Mr.Herbst,seconded by ~Ir.Bache.So ordered.
On a motion by Mrs.Whitcomb and s3conded by Mr.Herbst,the Commission voted to
recommend that the Transportation Study and the Traffic Advisory Committee address
the signalization problem at Pennsylvania Avenue and Club Road.So ordered.
Letter from County Administrator -New Community Task Force:
The County Commissioners have approved the Commission's request that names sub-
mitted to them be appointed to a New Community Task Force.On a motion by Mrs.
~'lliitcomb and seconded by Mr.Dorsey,the Commission voted to direct Mr.Musselman
to submit recommendations for consideration at the next regular meeting.So ordered.
,Letter from John Urner,Re:Annexation Policy:
Based upon comments received from the attorney in regard to the City's Annexation
Policy,and verbal comments received as a result of discussion of the sewer
allocation policy,it was suggested that any further discussion be delayed for
consideration at a later meeting.
On a motion by Mr.Dorsey and seconded by Mr.Bache,the Commission voted to
direct the Chairman of the Commission to prepare a letter to the County Commis-"
sioners expressing again the Commission's concerns relative to the City's apparent .
restrictive'policies as pertains to annexation rather than supplying water and !
sewer services to areas outside the City's jurisdiction,with a copy of the
recent correspondence from the attorney attached.So ordered.
Letter from County Administrator -Executive Director's Position:
It was brought to the attention of the Commission that the position of Executive
Director would have to be advertised in accordance with County policy and
therefore qualifications and duties for this and all estaollshed.positions would
have to be defined,based upon the adopted organizational chart,and addressing
the personnel study..
The Commission voted,on a motion by Mrs.Whitcomb and seconded by Mr.Dorsey to
delete No.6 and 7 and the last portion of paragraph 8,of the position qualifications
and duties of the Executive Director's job description,and add to the first para-
graph,"and is responsible to the Planning Commission."So ordered ..
On a motion by Mr.Bache and seconded by Mr.Dorsey,the Commission voted to expand
paragraph 8 to include "planning and closely related fields."So ordered.
On a motion by Mrs.lfuitcomb and seconded by Mr.Dorsey,the Commission voted to
adopt the duties and qualifications of the Executive Director's position,as
amended.So ordered.
In accordance with the County Administrator's letter of October 20,the Commission
voted,on a motion by Mr.Dorsey and seconded by Mr.Bache,to advise the County
Administrator of the Commission's desire to fill the Executive Director's position
and request that he proceed with proper legal advertisement for the position,
utilizing'the Commission's budget.So ordered.
On amotion by Mr.Bache and seconded by Mr.Herbst,the Commission voted to
also consider resumes in hand along with all others received as a result of
advertising,notifying those applicants selected after screening,that inter-
views will be conducted.So ordered.
On a motion by Mr.Herbst,seconded by Mr.Dorsey,a time limitation to receive
applications was extended to December 31,1976.So ordered.
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Le~ter from J.H.Seibert,Re:Extension of Time for Consideration of Plats:
On a motion by Mr.Herbst and seconded by Mrs.Whitcomb,the Commission voted
to grant the request for a thirty.-day extension of time for Hubbard Acres,to
expire January 27,1976;and Preston Howard,which will expire February 2,1976.
So ordered.
Letter from J.B.Ferguson,Re:Extension of Time for Consideration of Plats:
The Co~nission voted,on a motion by Mr.Dorsey and seconded by Mrs.~~itcomb,
to grant the request for a thirty-day extension of time for consideration of
Emmert Subdivision,to expire December 13,1976,Fairplay Farnls,Section B,
expiration of which will be December 12,1976,Timber Ridge Heights,East,to
expire December 13,1976,and Joan K.Shriner,expiration of which shall be
December 19,1976.So ordered.
OLD AND UNFINISHED BUSINESS:
Flood Plain Studies:
Mr.Musselman reported that the staff is in receipt of flood insurance maps
submitted by HUD,and are shortly conducting a meeting with Water Resources
Administration in terms of insurance and storm water management program.
On a motion by Mr.Herbst and seconded by Mr.Dorsey,the staff lVas directed to
gather all comments as pertains to flood plain maps,suggest policy changes as needed,
and request an audience with the County Commissioners to bring this to their
attention for review and consideration.So ordered.
Water and .SelVerage Plan:
There is no new report.Changes are now being made to meet the requirements to
take the document to joint public hearing IVhich is scheduled for January 10,1977.
On a motion by Mr.Dorsey and seconded by Mrs.Whitcomb,the Commission reiterated
their previous motion to take the Water and Sewerage Plan to joint public hearing
~md direct cd Mr.Garver to place the required advertisement in the newspapers
advertising the time and place of the public hearing,with a copy of the public
hearing notice to be sent to the four bodies involved.So ordered.
701 Funding Program -Updating of Plan:
The 701 Work Element Outline has been 'received and time sheets are being kept and
submitted as prescribed by the terms of the contract..
Housing Element -Sub-Committee:
On a motion by Mr.Herbst and seconded by Mr.Dorsey,the Commission designated
Mr.Bache and Mrs.Whitcomb to serve on the Housing Element Sub-Committee to assist
in preparation of that report,along with others to be recommenced and provided
by Mr.Bache and Mrs.'Whi t comb.So ordered.
Rezoning Cases RZ-149 -150 -151 -153:
The Chairman stated for the record that the above Rezoning Cases are scheduled for
public hearing on December 13,1976,at 7:00 P.M.in Court Room #1.
Pen Mar Park and Halfway Park Design:
The Chairman stated for the record that the Pen Mar Park design was submitted for
75%reimbursement in the amount of $2,602.88 for planning and drafting time,and
Halfway Park in the amount of $430.00 planning time and $98.00 drafting time.
Agency Committee:
The Chairman also pointed out the committee which was established on September 1,
headed by Ron Shives,for the purpose of agency recommendations for revision of
.ordinances so that requirements can be met with a minimum of delay and conflict.
the Chairman urged that this activity be followed through.
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Sewer Allocation policy:
Based upon a previous Commission motion in regard to a memorandum of understanding
as pertains toea sewer allocation policy by the City of Hagerstown,the Chairman
reported that as of this date,the request has not been accomplished.
Harpers Ferry Committee:
On a motion by Mrs.Whitcomb and seconded by Mr.Herbst,the Commission voted
to recommend Mr.Musselman to the Board of County Commissioners 'for appointment
to the Harpers Ferry Committee which is being established to work with the
Department of the Interior to resolve Harpers Ferry area problems.So ordered.
Arboranda Estates:
The Chairman reported that he had met with the County Engineer in regard to
conditions and requirements particularly as pertains to grading problems.
The County Engineer has agreed to resolve this type of problem prior to it
being brought to the attention of the Commission.
PRELIMINARY PLATS:
Clarence O.Poffenberger,1 Lot:
Upon review of the plat file and staff repors,the Cooonission voted,on a motion
by Mr.Bache and seconded by Mr.Dorsey,to grant Preliminary Approval with the
condition that comments of the County Engineer and Soil Conservation District be
complied with.So ordered.
Mauk Subdivision:
Upon review of the plat file information and discussion of correspondence from
Mr.Kerr of the Department of Health dated September 21,1976,the Commission
voted,on a motion by Mrs.Whitcomb and seconded by Mr.Dorsey,to direct an
inquiry to the Health Department requesting clarification of their conditions
and asking for approval or disapproval of the plat.The plat is to be placed
under Old and Unfinished Business for the next Commission agenda.So ordered.
It was requested that Mr.Bache prepare a letter to the Health Department
pointing out inconsistencies of recommendations and conditions,and also
difficulties encountered in obtaining permits as a result.
OTHER BUSINESS:
Plats Approved Under Administrative Policy:
Development;Mr.and Mrs.Martin S.Schuck,Lot B,November 22,1976;Green Hill
Development,Lot 6,November 4,1976;Clyde W.Deal,Parcel A.;November 9,1976;
David L.Palmer,LotB,November la,1976;Rock-N-Spring Corporation,November
3,1976;Boonsboro Limited-Partnership,Parcel D,November 12,1976;Isaac
Norris,October 16,1976;Hubbard Acres,Section A,Nobember 4,1976;Nevin Shank,
October 25,1976;Paul Hancock,October 22,1976;Elk Ridge Estates,Lots A &B,
December 2,1976;Harry L.Norman,Lot 1,November 29,1976;William Pennington,
Lots 8 -11,November 29,1976;Robert E.Thompson,Lot 1,December 6,1976;
Roger Lee Swope,Lots 1 and 2,December 6,1976.
Simplified:James E.Sickafus,Lot C,November 5,,1976;Allen D.Ambrose,November
9,1976;lIildebert Smith,Sr.,NoVember 9,1976;Austin Flook,Nolbember la,1976;
James A.Short,Sr.,November 12,1976;Amos E.Martin,November 12,1976;Robert
L.Risser,November 30,1976;Havenwood Hills Inc.,December 2,1976;John A.
Salter,December 6,1976;Stephen E.Nieto,December 6,1976.
The Commission voted to approve the Administratively approved
record,ona motion by Mr.Herbst and seconded ,by Mr.Dorsey.
Educational Facilities:
plats for the
So ordered.
The Conlmission requested that chailges made in the Educational Facilities section
of the Community Facilities Plan as a result of Commission review,be placed on
a later Commission agenda for further consideration.
ADJOURNHENT:
The meeting was adjourned at 11:00 P.M.
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Donald R.Frush,Chairman