HomeMy WebLinkAbout1979 MinutesThe Regular Meeting of the Washington County Planning Commission was
held on Monday,January 8,1979,at 7:00 p.m.in the second floor
conference room of the County Office Building.The following were
present:Chairman Terrance W.Bache,Linda H.Daniels,William E.
Wolford,Fred H.Younkins,John C.Herbst,who arrived at 7:28 p.m.,
Thomas W.Dwyer and Charles F.Wagaman,Jr.Staff members present
were:Executive Director Jack S.Hawbaker,Senior Planner James B.
Witherspoon,Associate Planner James P.Brittain,and Dorothy M.
Shinham,Secretary.Al Feldstein of the Department of State Planning
also attended the meeting.
The meeting was called to order at 7:12 p.m.
Minutes of the December 4 Regular Meeting were approved as written;
motion made by Fred Younkins,seconded by Thomas Dwyer.So ordered.
Minutes of the December 11 Special Meeting were approved as written;
motion made by Thomas Dwyer,seconded by William Wolford.So ordered.
NEW BUSINESS:
Requests for Variances under Section 107 of the Subdivision Ordinance
Mill Village,Lot B (Laurence M.Johns Trust),#S-78-133:The Planning
Commission agreed to accept a dual access onto the Leitersburg-State
Line Road from Lots A and B in lieu of the 300'requirement between
access points on roads classified as secondary.To accomplish this,
the owner of Lot A will be required to transfer to the owners of Lot B
a small parcel of land to enable the driveways to join together.Mo-
tion to grant this variance was made by Charles F.Wagaman;seconded
by Thomas Dwyer.So ordered.
Ralph C.Nowell,#S-78-159:The Planning Commission,in granting a
variance from the mandatory dedication of 75'from the centerline on
primary roads,accepted from the subdivider 40'from the centerline
due to the fact that the 75'dedication would have placed a portion of
his home at .365 Jefferson Boulevard within the future right-of-way.
Charles F.Wagaman made the motion and it was seconded by Thomas Dwyer.
So ordered.
Arthur Hicks:A variance was granted to the subdivider,enabling him
to create a dual access off U.S.Rt.40 West that would allow him to
subdivide an existing lot of record into two development lots.The
Commission also granted that the access could have less than the re-
quired 300'separation along secondary roads due to the fact that an
access would have been granted to the lot of record regardless of the
requirements of the Highway Plan.Motion was made by Fred Younkins;
seconded by William Wolford.So ordered.
George L.Harsh,#S-78-136:A variance was granted to George L.Harsh
to create a 3-acre parcel whose access will be via a private road that
extends through or into the George L.Harsh property along the Falling
Waters Road.The proposed lot,which is being conveyed to an immedi-
ate family member,will have no public road frontage.Motion was made
by John Herbst;seconded by Charles F.Wagaman.So ordered.
Leroy Myers,Jr.:A variance was granted to Mr.Myers to create a lot,
access to which would be via an existing farm lane.The proposed lot
along U.S.Route 40 West will have approximately 60'of road frontage
Access through this frontage was considered inappropriate since it
.would have lacked the required 300'separation between access points.
The development abutting the subdivider's property occurred prior to
the adoption of the County Highway Plan.John Herbst made the motion,
which was seconded by William Wolford,to grant this variance.So
ordered.
Michael Gregg:A variance was granted to Clyde L.Gregg to allow the
subdivision of one acre of land from his property along Kaetzel Road.
The Zoning Appeals Board had previously approved a variance to allow
a I-acre lot instead of the required 3-acre lot in a Conservation zone.
O':J
~
iN
Q:l
'.LlC.!:I
Minutes of Planning Commission Regular Meeting
January 8,1979
Page 2
Requests for Variances under Section 107 of the Subdivision Ordi-
nance (Continued)
The transfer of this lot is being requested for an immediate member
of the Gregg family who has placed a trailer and other improvements
on the proposed l-acre lot.Access to this lot will be by an exist-
ing lane which now provides access to the home of Clyde L.Gregg.
Motion made by Fred Younkins;seconded by John Herbst.So ordered.
Katie Klick,#5-78-166:A variance was granted to Katie Klick to
allow access to the proposed lot (being conveyed to her grandson)to
be approximately 140'from an existing entrance along Antietam Drive.
The current requirement of 300'between access points along secondary
roads was waived due to the fact that even though the developer had
300+feet of frontage along Antietam Drive,the subdivider was unable
to place an access point that would meet the Ordinance requirement.
The development abutting the subdivider's property occurred prior to
the adoption of the County Highway Plan.Motion was made by William
Wolford;seconded by Charles F.Wagaman.So ordered.
Subdivision Plats
Stone leigh Estates,Section A,Block B,#5-78-132:Taylor Oliver,of
the John R.Oliver Company,presented his request for preliminary and
final approval for Stoneleigh Estates,Section A,Block B,as-lot
subdivision which is part of a proposed 21-10t subdivision on 26 acres,
located on the Fairplay Road.This subdivision was originally sub-
mitted as a 91-10t sUbdivision on approximately 128 acres.It
received preliminary approval by the Planning Commission on December 2,
1974,contingent upon agreement between the developer and the Board of
County Commissioners on improving Fairplay Road from Md.Rt.63 to
Bakersville Road.However,final approval was denied on September 6,
1977,due to the absence of an acceptable plan for the road improve-
ment.There was some discussion as to how this most recent subdivi-
sion,considered a much better proposal,would affect traffic flow on
Fairplay Road.It was pointed out by Mr.Witherspoon that the addi-
tional peak-hour traffic was within acceptable limits.Mr.Oliver
stated that the land to the rear of the currently proposed lots may,
in the future,be divided into 4 or 5 large panhandle lots.John
Herbst made the motion,seconded by Fred Younkins,to grant prelimi-
nary approval.Charles Wagaman abstained from voting;Linda Daniels
and William Wolford voted "No":However,with ChaIrman Terrance W.
Bache,Fred Younkins,John Herbst and Thomas Dwyer voting in the
affirmative,the motion carried and preliminary approval was granted.
So ordered.
John Herbst's motion for final approval was seconded by Thomas Dwyer.
Charles Wagaman,Linda Daniels and William Wolford voted "No",but the
motion carried when Chairman Bache,along with Fred Younkins,John
Herbst and Thomas Dwyer,voted "Yes"for final approval.So ordered.
The developer was cautioned that the Planning Commission would require
a total concept plan including the area of future panhandle lots if
further development is proposed on this land.
Robert C.Hoffman,Lots A,B,&C,#5-78-131:Having met all the re-
quirements of the Subdivision Ordinance,the Zoning Ordinance,and the
County Highway Plan,and based on favorable responses from the review-
ing agencies,the Planning Commission granted preliminary and final
approvals for a three-lot subdivision containing 8.J~~cres,located
on the west side of Lehman's Mill Road.r1otion was made '-"-.Tohn
Herbst and seconded by Thomas Dwyer to grant preliminary approv~.~.;;".
ordered.
Charles Wagaman's motion was seconded by Fred Younkins to grant final
approval.So ordered.
Minutes of Planning Commission Regular Meeting
January 8,1979
Page 3
Subdivision Plats (Continued)
Brightwood Acres East,Section A,#S-78-108,Preliminary:Louis
Plummer,president of Plummer Construction,requested preliminary
approval of a 27.8-acre subdivision located along the north side of
Mt.Aetna Road.This tract,to be developed by Brightwood Acres,Inc.
is to be divided into 54 lots.A Preliminary Consultation on this pro
posed subdivision was held on June 8,1976 (#PC-7).Charles Wagaman
moved to grant preliminary approval,subject to resolution of the
problems set forth in the agency letters relative to water and sewer
construction,stormwater management,securing future right-of-way,
amendments to the County Highway Plan by the Board of County Commis-
sioners,and other matters.Thomas Dwyer seconded the motion and it
was given unanimous preliminary approval.Final approval will not be
granted until all problems are solved.So ordered.
CORRESPONDENCE:
H.B.1029 -Letter from Barry Teach:The Commission discussed House
Bill 1029,Washington County Government Administrative Procedure Act,
which was adopted by the 1978 Session of the Maryland General Assembly.
The purpose of this Act is to require certain procedures before cer-
tain agencies may adopt rules.This bill had been introduced by
Charles F.Wagaman during his tenure with the House of Delegates,so
he was able to clarify several questions.No action was required.
Mr.Hawbaker explained to the Commission that the previously approved
variations to the County Highway Plan as it affects residential access
points on a Primary Highway have been recorded with the Clerk of the
Circuit Court pursuant to the above-mentioned law.
Letter from Judith Armold:In working on the Comprehensive Plan,
Mr.Hawbaker decided to inquire with the Department of State Planning
as to the latest law on the application of the "change or mistake"
rule of Article 66B,Section 4.05(a),pertaining to the application
for the location of a floating zone.Judith Armold,Asst.Attorney
General,responded with a brief and informal opinion which basically
stated that if the floating zone is used,it must be backed by an
express finding of facts.No action was required on this matter.
Letter from Edwin Thomas:The letter from Edwin Thomas,Director of
Comprehensive State Planning Division,requested that the County look
into the areas of critical concern to the State and County.There
was some discussion about the designation of these areas.Jack Haw-
baker will study the information that the State has sent and will get
back to the Commission for further consideration so that a course of
action may be recommended to the Board of County Commissioners.
UNFINISHED BOSINESS:
Geohydroiogic Study:Jim Witherspoon had nothing new to report on
the Geohydrologic Study.
New Community Highway Plan:Jim Witherspoon reported that there was
a large turnout for the public hearing on December 12 with the Board
of County Commissioners on the proposed Highway Plan.The ad hoc
committee has met since the public hearing to consider the comments
and question~?resented by the public.The Planning staff recommended
that th~~~an be modified to a non-property line rendering.Chairman
?~~~-~emphasized the importance of getting the problems worked out and
~oming to a decision on the amendments to the Highway Plan.Thomas
Dwyer made the motion to take the modified plan back to the Board of
County Commissioners for their consideration;motion seconded by
Linda Daniels.So ordered.Charles Wagaman abstained from voting.
O'J~
C\I:ci
~l
c.:l
Minutes of Planning Commission Regular Meeting
January 8,1979
Page 4
UNFINISHED BUSINESS:.(Continued)
Right-of-Way Dedication:It was decided to table this matter for
another quarter because of the heavy work schedule on the Compre-
hensive Plan for the Planning Commission.
Water and Sewer Plan Procedures:Jack Hawbaker informed the Commis-
sion that the Water and Sewer Plan Procedures are still with the
Board of County Commissioners for their consideration.
Water and Sewer Plan Revision,FY-79:Supplemental funds have been
requested from the State Health Department to cover the considerable
work that needs to be done in updating the Plan to make it a more
useful document.
C &0 Canal Park Advisory Commission:This was considered an open
item,pending Jack Hawbaker's communication with Don Frush for clari-
fication of some information he had submitted.
OTHER BUSINESS:
Floodplain Regulations:As a result of review and a subsequent meet-
ing with State Water Resources Administration staff on the proposed
changes to the existing County floodplain regulations in the Zoning
Ordinance that would allow construction within the lOO-year flood-
plain,Marguerite Whilden and Bob Daneker,both of State WRA,and
Rick Kinard of the Federal Insurance Administration,discussed State
floodplain regulations.In light of the State regulations that were
adopted in August of 1978,they suggested that the County not adopt
additional requirements but acknowledge and reference State regula-
tions.Mr.Hawbaker will study the State regulations and present his
recommendation to the Planning Commission at the next regular meeting
in February.
Transit Development Program:Mr.Hawbaker reported that the final
draft report of the Transit Development Study had been completed by
the consultant,Henningson,Durham &Richardson.It is expected that
the consultant and representatives from the State Department of Trans-
portation will make a presentation to the Planning Commission at the
next regular meeting on February 5,1979.
Subdivision Ordinance Revision:This matter was considered at the same
time that the Right-of-way Dedication problem was discussed earlier in
the evening and it was decided that because of the heavy work schedule
on the Comprehensive Plan,this should be tabled also.
Highway Plan -Distance Requirements:The Planning staff requested
guidelines for interpretation of the distance requirements between
access point3 to subdilTisions.N~thing has ever been written in the
Highway Plan to clarify whether these access points are to be "like"
access points.The Subdivision ordinance,if literally interpreted,
supports the "like"access point approach.Chairman Bache recommended
that the staff come up with a suitable interpretation and come back to
the Commission.This recommendation was met with general agreement.
Maryland Association of counties Winter Meeting:Jack Hawbaker
announced that he was scheduled to be on the agenda for the Winter
Meeting of the Maryland Association of Counties +0 be held at Hunt
Valley from January 23-26.Members of the Commisslv~.vere extended an
invitation to attend if they so desired.
Minutes of Planning Commission Regular Meeting
January 8,1979
Page 5
OTHER BUSINESS:(Continued)
Water Quality Management:Jack Hawbaker briefed the Commission on
a meeting he had with Bill Davidson of State Water Resources and
Mike McGauhey,Administrator of the local Water Pollution Control
office,regarding a proposal by Bill Davidson that the County get
into water quality management.This would go along with the 208
Plan and an individual would be hired to handle water quality
management on a.daily basis.Mr.Hawbaker stated that he would be
meeting with Water Resources representatives later in the month and
would provide more information to the Commission as soon as it
becomes available.
The regular session of the meeting adjourned at 10:30 p.m.,followed
by an Executive Session.
{)J~4
errance W.Bache,Chairman
~
:::":i
N
CO
:J.J:,:,
The Washington County Planning Commission met in regular session on Monday,Feb-
ruary 5,1979 at 7:00 P.M.in the second floor conference room of the County
Office Building.
Present were:Chairman Terrance W.Bache,Linda H.Daniels,Thomas Dwyer,
Charles F.Wagaman,Jr.,William E.Wolford,and Fred H.Younkins.Staff:
Executive Director Jack S.Hawbaker,Senior Planner James B.Witherspoon,
Associate Planner James P.Brittain,and Marion Snyder,Secretary.
The meeting was called to order at 7:00 P.M.
MINUTES:
It was requested that all votes be recorded,both affirmative and negative,as
pertains to the Preliminary and Final Approval granted to Stoneleigh Estates,
Section A,at the last regular meeting on January 8.
On a motion by Mr.Dwyer,seconded by Mr.Wagaman,the Commission voted to accept
the minutes of the regular meeting of January 8,1979,as amended.So ordered.
Requests for Variances Under Section 107:
J.Clinton Miller:
A request was heard from J.Clinton Miller for a variance from the requirements
of the adopted Highway Plan to permit transfer of a 1 acre parcel,situated
near the intersection of Routes 66 and 68,to an immediate family member which
is proposed to be served by an existing farm lane on an adjoining property for
which right-of-way is retained.
On a motion by Mr.Wolford and seconded by Mr.Dwyer,the Commission voted to
grant the variance under Section 107 of the Subdivision Ordinance based upon
there being no other feasible means of access to the lot to be so conveyed.
So ordered.
Genevieve Clever:
A variance to the requirements of the Highway Plan was requested to enable the
owner to utilize existing access to lots A &B which were previously approved
in 1977,to permit dual access from Route 66 to proposed Lots D and E which
are to be created from parcel A.
The Commission voted on a motion by Mr.Dwyer and seconded by Mr.Wagaman,to
grant the request for a variance under Section 107 of the Subdivision Ordinance
because of the inability of the developer to provide other safe access due to
sight distance requirements.So ordered.
Junior E.Snyder:
A request for a variance to the requirements of the Highway Plan was heard to
permit conveyance of a parcel situated near the intersection of Timber Ridge
Road #4 and Bain Road which is proposed to have access via an existing lane.
The Commission voted,on a motion by Mr.Wagaman and seconded by Mr.Dwyer,to
grant the request for a variance under Section 107 of the Subdivision Ordinance
due to the topography of the land and ~~intermittant stream,making it infeasible
to provide other access to the lot.So ordered.
James Pasike:
A request for a variance
veyance of lots 1 and 2.
land on the lands of lot
to the Highway Plan standards was heard to allow con-
Access is to be provided to lot 1 via an existing
2,due to inadequate sight distance for lot 1.
On a motion by Mr.Dwyer,seconded by Mr.Wolford,the Co mission voted to grant
the request for a variance under Section 107 of the Subdivision Ordinance
because of the topography of the land.So ordered.
Requests for Variances Under Section 107:
Philip R.Shockey:
The Commission considered a request for a variance to the requirements of the
Highway Plan to allow entrance to serve a dwelling and business off U.S.Route
40.A hardship has been created dut to a Board of Appeals hearing for a non-
conforming use of the property and the placement of the dwelling and business
to l"eet yard requirements.A State Highway access permit had been granted to
provide access to a discontinued business use.
On a motion by Mr.Wagaman and seconded by Mr.Dwyer,the Commission voted the
request for a variance under Section 107 of the Subdivision Ordinance to pro-
vide appropriate access with the provision that the already existing access be
abandoned and removed.So ordered.
Dennis L.Ebersole:
The Commission voted,on a motion by Mr.Wagaman and seconded by Mr.Younkins,
to grant a request for a variance to the requirements of the Highway Plan under
Section 107 of the Subdivision Ordinance to permit conveyance of 2 parcels of
land to immediate family members which are proposed to be served by a private
right-of-way off Harpers Ferry Road.So ordered.
Robert Myers:
A request for a variance to the requirements of the Highway Plan was considered
in which it was proposed to convey a 6 acre parcel situated along a 30'public R/W
on Dorsey Road that is not maintained by the County and for which the County
~ommissioners have recently determined that they will not accept that portion
of the road for maintenance.
On a motion by Mr.Wolford and seconded by Mrs.Daniels,the Commission voted
to deny the request for a variance based upon the hazardous condition of the
road and its inability to provide adequate access for emergency vehicles.So
ordered.
Kenneth Shaw:
On a motion by Mr.Younkins and seconded by Mr.Wagaman,the Commission voted to
grant a request for a variance to the Highway Plan under .Sectionl07 of the
S·ubCliilisi6i1 Ordinance to allow a conveyance of aT acreparcel to an immediate
-family meIUber which is proposed to be served by a private right~cif~wayofC-·_·--
Harpers Ferry Road:·So·ordered.
T.Aubrey Kemp:
Mr.T.Aubrey Kemp appeared before the Commission on behalf of the People's Bank
of Hancock in regard to a 27,000 square foot parcel which is proposed to be
conveyed to the bank from Washington Center.The Development Plan for the Center
was previously approved by the Commission with the stipUlation that Cambridge
Drive be upgraded prior to further development.Mr.Kemp requested that the
Commission grant and guarantee a permanent,irrevokable right of way,particularly
as pertains to the main entranceway to the center from Pennsylvania Avenue,
and asked how the proposed subdivision would be affected relative to the approved
Development Plan as pertains to the upgrading of Cambridge Drive.
Following discussion in regard to the intent of the Commission at the time con-
ditional approval was granted the Washington Center Development Plan,the
Commission voted,on a motion by Mr.Wolford and seconded by Mr.Dwyer,to grant
approval of the request for a variance conditional upon the subdivision meeting
all conditions for Site Plan approval.It was requested that the Planning staff
research the intent of the Commission in regard to the conditional approval
which was previously granted to the Development Plan.So ordered.
SUBDIVISION PLATS:
Holiday Farms -Preliminary and Final Approval:
The developer,in requesting Preliminary and Final consideration of the 10 lot
subdivision situated on Md.Route 64,also asked that a variance be granted as
SUBDIVISION PLATS:
Holiday Farms -Preliminary and Final,contd:
pertains to the dedication of right-of-way clause for lot 6 due to encroachment
of the right-of-way on an existing dwelling situated on the lot.Also requested
was a variance from the Subdivision Ordinance requirements as pertains to the
length of the block due to the topography of the land.
On a motion by Mr.Wagaman,seconded by Mr.Wolford,the Commission voted to
grant the requests for variance under Section 107 of the Subdivision Ordinance
and simultaneously granted Preliminary Approval to the plat file.
Notingthat all conditions for approval have been met,the Commission voted,on
a motion by Mr.Younkins,seconded by Mr.Wagaman,to grant Final Approval to
the plat file.So ordered.
LuRose Estates,Section C -Preliminary Approval:
Consideration of preliminary approval was requested for LuRose Estates,Section
C and reallotment of Lots B-2l and B-27.It was noted that the Health Department
had granted approval conditional upon a water line construction permit being
received from the State.
On a motion by Mr.Dwyer,seconded by Mr.Wolford,the Commission voted to grant
Preliminary Approval based upon requirements of the Health Department being
~satisfactorily fulfilled.So ordered.
~
~Coca Cola Bottling Works -Preliminary and Final Approval and Site Plan Approval:
~
~The Planning Staff report indicated that the proposed subdivision is an 8 acre
parcel from an original 70+acre tract located in the Interstate Industrial Park
for which all necessary approvals have been obtained.The plat submitted de-
picts a proposed future expansion which would cause the structure to extend
into the 100 Year Flood Plain.The developer has proposed a solution by way of
rerouting drainage to divert the 100 Year Flood Plain as now delineated.
Following discussion of whether preliminary approval would be acceptable subject
to diversion of the Flood Plain by engineering techniques to prOVide for the
propose4 future expansion of the facility,and the provision of landscaping for
screening purposes on the Interstate side,the Commission voted,on a motion by
Mrs.Daniels and seconded by Mr.Wolford,to grant Preliminary Approval to the
plat file and Site Plan approval contingent upon changing the building setback
line to show compliance with the existing Flood Plain requirements,and the
provision of such landscaping as presentlYTfidIca.tedoll the Site Plall.So ordered.
On a motion by Mrs.Daniels,seconded by Mr.Wolford,the Commission voted to grant
Final Approval,subject to correction of the spelling of the name Bowman in the
note on the plat which will be presented for final signature.So ordered.
OTHER BUSINESS:
The Executive Director explained that the consulting firm which was to make a
presentation of the draft Transit Development Plan to the Commission was unable to
be present.In bringing the Commission up to date,he reiterated that the County
had entered into acontract with the firm of Henningson,Durham and Richardson
for preparation ~of a.program to update public transportation in the County,especially
as pertains to the elderly and handicapped.The Commission has been asked to
review the draft version of the plan which will then be fonvarded to the County
Commissioners and then,in its final form,to the Mass Transit Administration
for approval.The draft plan reflects input by a technical committee who have
been working with the program toward expanding County Commuter services and
incorporating as well,taxi services,vans and other vehicles which ,call~be·made
available from various County agencies and organizations to provide transport for
persons with special needs.Mr.Norbert Wagner,State Department of Transportation
representative,outlined for the Commission the requirements of the State for up-
dating the program annually and discussed also funding that is available for
the program.
On a motion by Mrs.Daniels and seconded by Mr.Wolford,the Commission voted to
forward the draft Transit Development Program to the County Commissioners for
their consideration and appropriate action.So ordered.
Flood Plain Regulations:
As a result of discussion with the Water Resources Administration representa-
tives at the last regular meeting in regard to County adoption of State standards
for construction in the 100 Year Floodplain,their recommendation that the
State standards be adopted,subsequent review by the Executive Director,and
his recommendation that the County adopt the State's standards,the Commission
voted,on a motion by Mr.Wagaman and seconded by Mr.Wolford,to adopt a resolu-
tion to accept the State's approved standards for construction within the 100
Year Flood Plain and proceed with a rezoning hearing with this in mind.So ordered.
Water and Sewer Plan Reclassification -Brightwood Acres:
On a motion by Mr.Wagaman,seconded by Mr.Wolford,the Commission voted to
forward a recommendation to the County Commissioners for a reclassification from
S-4 to S-3 for Brightwood Acres in the Wat~r and Sewer Plan,as requested.So
ordered.
Planning Advisory Board Matters:
Mr.Hawbaker stated that the Chairperson of the Advisory Board has requested
that the Commission review and adopt a revised set of By-Laws for the Board.
Due to absenteeism,the Advisory Board has been unable to maintain a quorum
of the membership to accomplish business matters.Also,it was felt that there
was a lack of communication between the Advisory Board and the Planning Commission.
It was agreed that a Commission member would be present at the regular Advisory
Board meetings on a rotation basis.The Commission also was in agreement that it
wQuld be irregular for them to adopt By-Laws in behalf of the Advisory Board
and directed that they be returned to the Chairperson for subsequent adoption by
the Advisory Committee.
Maryland Used Oil Recovery Act:
In regard to the adoption by the State of the Used Oil Recycling Act which became
effective on January 1,Mr.Hawbaker stated that some gasoline stations have vol-
unteered to collect used oil for recycling and that as County contact person for
the program,he has been asked to contact other stations in "this regard,aifd to
d:i.stribute sIgnstotnosepfices which have been designated as collection places.
The Commission suggested that assistance in this regard could be solicited from
the Environmental Council and other groups and organizations in the County.
Planning Commission Budget Status:
The Executive Director stated that a letter had been received from the County
Administrator advising that the County Commissioners have authorized the assign-
ment of Charles Wiederhold to the Planning Department,and asked that salary be
provided from the Commission budget for the remainder of the Fiscal Year.
In this regard,the Commission authorized the Executive Director to request a
transfer of funds from line item 28-407-000 to line item 28-40l~000 of the Com-
mission's current budget.The motion was made by Mrs.Daniels and seconded by
Mr.Younkins.So ordered.
UNFINISHED BUSINESS:
Geohydrological Study:
A meeting of the Geohydrological Study Task Force was held this date to review
and adopt a revised Scope of Work,Memorandum of Agreement between the State and
the County Commissioners,and to make other recommendations in r~gard to the
advisory capacity of the Task Force,administration of the program,and over-
sight of the consultant's work.These recommendations have been forwarded to
the County Commissioners for their consideration.
New Community Highway Plan:
Action will be taken by on the New Community Highway Plan by the County Commissioners
on Tuesday,February 6.
Water and Sewer Revision -FY'79:
Work on the FY 1979 Water and Sewer Plan revision is scheduled to begin on
March 1.
Water Quality Management Plan:
Mr.Hawbaker stated that a workshop on Water Quality Management is to be held
Friday,February 9,with representatives of the State.
Due to the late hour,the remaining items on the agenda were held for discussion
at a later date.
ADJOURNMENT:
The meeting was adjourned at 10:55 P.M.
rrance W.Bache,Chairman
0:
C":'
C·)
r::.cr:.t.:l .
~
~g~
A Special Meeting of the Washington County Planning Commission was held on
Monday,February 26,1979 at 7:00 P.M.in the second floor conference room
of the County Office Building.
Present were:Chairman Terrance W.Bache,Vice-Chairman John C.Herbst,Linda
H.Daniels,Thomas W.Dwyer,and Fred Younkins.Staff:Executive Director
Jack S.Hawbaker,Senior Planner James B.Witherspoon,Associate Planner Margery
L.Koenig,and Marion Snyder,Secretary.Also presentl Catherine Thompson
representing the Advisory Board.
The meeting was called to order at 7:10 P.M.
MINUTES:
The Minutes of the Regular Meeting of February 5,1979,were approved as written,
on a motion by Mrs.Daniels,seconded by Mr.Dwyer.So ordered.
Comprehensive Plan Review:
Residential Density:
The Commission asked that minor changes be made to the Residential Density section
of the Comprehensive Plan in regard to consistency of rewording and
corrections on pages 1,8 and 14.
Conclusion:
The Conclusion section was approved as written.
Preface:
The Preface was approved with rewording of the second and third paragraphs on
page 2.
Introduction:
The Commission directed that the Introduction be changed to reflect the inclusion
of some of the figures and tables as submitted with appropriate text references
throughout.Also,rewording and consolidation of certain paragraphs of the Introduction
section.It was agreed that the figures and tables which are not being used in
the Plan will be made available by reference.
WATER AND SEWER PLAN PROCEDURES:
Recommended changes in the Water and Sewer Plan Amendment Procedure as prepared
by the staff was discussed.It was pointed out that the staff had met with
representatives of the Home Builder's Association to satisfy some questions the
Association have raised on the procedure for update,and that as a result of this
review,these basic changes are now ready to be taken to the County Commissioners
for their consideration.It was requested that the staff make minor changes to
defini tion 11 -"Maj or Facilities"to clarify the intent as pertains to the
characteristics of various systems.
FY 1980 Work Program and Budget:
The Executive Director pointed out what is to be presented to the County Commis-
sioners in the 1980 Budget request in terms of personnel figures as relates to
the Commission's work program.The Commission directed that the budget be
prepared in accordance with the existing staff,showing figures as they would
appear exclusive of update of the Water and Sewer Plan,and also working into
the budget,the staff compensation factor relative to the many extra working
hours on the part of the staff in public presentation of the Comprehensive Plan.
The meeting was adjourned at 10:35 P.M.
{L~.)U&~
Tfrrance W.Bache,Chairman
C:'~
C\1
~
~e,,:,
The regular meeting of the Washington County Planning Commission was held on
Monday,March 5,1979 at 7:00 P.M.in the second floor conference room of the
County Office Building.
Present were:Chairman Terrance W.Bache,Vice~Chairman John C.Herbst,Linda
H.Daniels,Thomas W.Dwyer,Charles F.Wagaman,Jr.,and Fred H.Younkins.
Not present:William E.Wolford,Jr.Staff:Executive Director Jack S.Haw-
baker,James B.Witherspoon and Marion L.Snyder.Advisory Board,Catherine
Thompson and Walter Bailey.
The meeting was called to order at 7:07 P.M.
NEW BUSINESS:
Zoning Matter:
Mrs.William Capezuto appeared before the Commission in regard to the proxlmlty
of farm buildings on agricultural lands which are adjacent to residential
properties and pointed out that there are no restrictions governing the placement
of farm buildings.Mrs.Capezuto distributed photographs of a large farm
structure,situated near her property line on a 104 acre tract of land which is
in agricultural use off Kemp's Mill Road adjacent to her property,and which,
she feels,is significantly detrimental to the appearance and value of her
property and home.
The Commission agreed that the matter should be further discussed with the view
of directing the staff to study the Zoning Ordinance as it pertains to require-
ments for placement of farm structures.The Commission assured Mrs.Capezuto
that the matter would be taken into consideration in the near future.
Requests for Variances Under Section 107:
John W.Strother:
Mr.Strother appeared before the Commission requesting a variance of 20'to the
distance requirements of the Highway Plan as relates to a lot which is proposed
to be created with access onto Route 40.Action is also required by the Board
of Appeals in regard to lot size.
On a motion by Mr.Wagaman,seconded by Mr.Herbst,the Commission voted to
grant the variance under Section 107 of the Subdivision Ordinance for the par-
ticular lot shown as Parcel A,subject to obtaining a variance from the Board
of Appeals for lot size which is pending.So ordered.
Donald J.Hammersla:
The Commission voted,on a motion by Mr.Herbst,seconded by Mr.Dwyer,to grant
a variance to the right-of-way dedication clause of the Subdivision Ordinance
under Section 107,because the required dedication would interfere with an
existing dwelling.So ordered.
Harold E.Martin:
Mr.Martin appeared before the Commission requesting a variance to the require-
ments of the Highway Plan to permit conveyance of a parcel situated off the Marsh
Pike which does not have public road frontage.It is proposed to obtain right-of-
way from Mr.Earl Martin,an adjoining property owner,with whom a verbal
agreement has been made for the transfer of right-of-way.
On a motion by Mr.Wagaman,seconded by Mr.Herbst,the Commission voted to grant
the variance as requested under Section 107 of the Subdivision Ordinance to
allow conveyance of the lot based upon a 40~right-of-way for lot access being
reserved by written agreement with Mr.Martin.Motion carried with Mrs.Daniels
voting "No".
James Haga:
On a motion by Mr.Herbst,seconded by Mr,Dwyer,the Commission voted to grant
the request for a variance to the Highway Plan requirements under Section 107
of the Subdivision Ordinance to permit conveyance of a 3 acre parcel having no
public road frontage based upon the topography of the land and existing dwellings
preventing other access and subject to Board of Appeals action as pertains to
multiple uses of the land.So ordered.
SUBDIVISIONS:
Oak Ridge Estates,Sections A and B -Preliminary Approval:
Following review of the Staff report for Sections A and B of Oak Ridge Estates,
and noting that the Health Department,City Water Department and Sanitary Dis-
trict approvals are granted subject to written assurances of extension of water
and sewer lines to serve the lots from the State Health Department,that the
County Engineer has granted conditional approval as pertains to reservation of
space for storm water retention and drainage easements,and that the Planning
Staff has requested identification of residual land,the Commission voted to
grant Preliminary Approval to the plat file,subject to all agency conditions
of approval being satisfied prior to final plat signature of approval.Motion
was made by Mr.Wagaman,seconded by Mr.Dwyer.So ordered;
Confederate Hills,Section B-Preliminary Approval:
Staff review of the proposed subdivision noted that the previously approved
Jevelopment Plan showing common open space has been replatted to show reconfig-
uration of lots.It was recommended that consideration be given to retention of
storm water for remainder of the area at such time that further development is
planned.The Health Department granted approval contingent upon approval of
water and sewer line extension.
The Commission voted,on a motion by Mr,Wagaman,,seconded by Mrs.Daniels,to
grant Preliminary Approval with the condition that provisions for storm water
management plans for the entire tract be submitted prior to any further develop-
ment of the subdivision and satisfying Health Department requirements prior to
final approval.So ordered.It was noted that final plat approval will be
granted under standard administrative procedure.
CORRESPONDENCE:
Mr.Edwin L.Thomas,Department of State Planning appeared before the Commission
to express concern's of the State Department in regard to the establishment of
Areas of Critical State Concern,to discuss how the State is carrying out the
requirements of the Land Use Act,and the role of the State at the local level
of government.He outlined advantages to the local government in the establish-
ment of these areas and indicated that areas of concern had been submitted for
Washington County by other counties in the State,including some historic sites,
the C &0 Canal National Historical Park,State Parks,the abondoned railroad
at Weverton and the areas designated as Special Planning Areas in the Compre-
hensive Plan.He urged that the Commission reconsider the issue and also forward
a recommendation to the County Commissioners that their position in the matter
be reconsidered as well.
Following discussion as pertains to concerns that the selection of critical areas
should remain in the hands of local government,the rewriting of the Plan as
pertains to the Special Planning Areas Section should consideration be given to
the proposal,and the time frame involved in consideration of these matters,the
Commission agreed to take the issue under advisement and deal with the subject as
part of Commission business.
Letter from Glenn Dull to Lewis Plummer:
Copies of a letter from Glenn Dull,County Engineer to Lewis Plummer as pertains
to the Brightwood Acres Development were distributed for the information of the
Commission,requiring no action.
Letter from Glenn Dull to Air Survey,et al.
Copies of a letter from the County Engineer to various firms in regard to photo-
grammetry for Robinwood Drive were distributed to the Commission for information,
requiring no action.
UNFINISHED BUSINESS:
Geohydrological Study:
The Executive Director stated that attachment "A"(Expanded Scope of Work for
the Study)will be going to the County Commissioners along with a Memorandum
of Agreement which is being revised as pertains to wording.Mr.Hawbaker
pointed out the relationship of the study to the Comprehensive Plan and the
Commission's responsibility as pertains to management and overseeing of the
consultant's work.
New Community Highway Plan:
There is no new report at the present time.
Right of Way Dedication:
The right-of-way dedication subject will be addressed in revision of the Sub-
division Ordinance.
Water and Sewer Plan Procedure:(Clarified April 2,1979)Amended.
It was reported that a meeting was held this date with representatives of the
Hagerstown Water Department and the Department of Water Pollution Control to
address concerns expressed by these departments in the procedure who have been
invited to submit their written recommendations and comments on the subject.
'Water and Sewer Plan Update -FY'79:
The Executive Director reported that Associate Planner Margery Koenig is devoting
full time to the 1979 update of the Water and Sewer Plan.
C &0 Canal Park Planning Commission:
The Commission directed that this item of business be removed from the agenda.
Subdivision Ordinance Revision:
Revisions to the Subdivision Ordinance are expected to be considered later in
the year.
Water Quality Management Plan:
William Davidson of the Water Resources Administration will be attending a
Con~ission meeting in the near future to discuss the Water Quality Management Plan.
Public-Owned Lands:
The proposal as pertains to rezoning of Public owned lands,has been taken to
the County Commissioners who have the matter under advisement.
Highway Plan Standards InterPretation:
The Interpretation of Highway Plan Standards will be held for discussion along
with the Comprehensive Plan.No action was taken.
OTHER BUSINESS:
1980 Budget:•
Copies of the proposed Commission budget for 1980 were distributed for consideratio
The Executive Director asked approval of an additional item to be expended under
line item 28-413-000 (office supplies)in the amount of $300,the approximated
cost of building a light table for office use.The budget,which is scheduled to
be heard on March 20,was accepted as proposed for submittal to the County Com-
missioners through the Finance Director,on a motion by Mrs.Daniels,seconded by
Mr.Wagaman.So ordered.
The meeting was adjourned 'An Executive Session followed.
~11/~~
errance W,Bache,Chairman
()\
C¢.
N
Q:.J
~:
t.:J
The Regular Meeting of the Washington County Planning Commission was held on
Monday,April 2,1979 at 7,00 P,~1.in the second floor conference room of the
County Office Building.
Present were:Chairman Terrance W.Bache,Vice-Chairman John C.Herbst,William
E.Wolford,Jr.,and Fred Younkins.Not present:Linda H.Daniels,Thomas W.
Dwyer and Charles F.Wagaman,Jr.Staff present:Executive Director Jack S.
Hawbaker,Senior Planner James B.Witherspoon,Associate Planner James P.Brittain,
and Marion L.Snyder,Executive Secretary,Also present:Catherine Thompson,
Advisory Board Representative.
The meeting was called to order at 7,00 P.M,
MINUTES:
The Minutes of the Special Meeting of February 26,1979 were approved as presented
on a motion by Mr.Herbst,seconded by Mr.Younkins,So ordered.
Mr.Wolford brought to the attention of the Commission that the report as pertains
to the Water and Sewer Plan Procedures on page 3 of the April 2,1979 Minutes,
needed to be clarified and asked that this be done.There being no other addi-
tions,corrections,or deletions,the Minutes were approved upon clarification of
the Water and Sewer Plan Procedures paragraph on page 3.So ordered.
Water and Sewer Plan Procedures -Clarification of April 2 Report:
The Executive Director reported that following presentation of the Water and
Sewer Plan Procedures this past Tuesday to the Board of County Commissioners,a
meeting was held this date by the Planning Staff with representatives of the
City's Water Department and Water Pollution Control Department to discuss the
procedures which had been transmitted to those some months ago for their comment.
The City of Hagerstown's representatives appeared at the staff's presentation to
the County Commissioners in opposition to the procedures,and at the direction
of the County Commissioners,the staff is now working with these departments in an
effort to resolve their concerns,
NEW BUSINESS:
Requests for Variances Under Section 107:
Genevieve G.Clever:
The staff brought to the attention of the Commission,a discrepancy in the repro-
duction of the Highway Plan Map which is relevant to the request for a variance
for Mrs.Clever.Md.Route 66,which has a Primary classification is shown to be
Local in the area of the proposed conveyance and had been platted under that
assumption.It is therefore being requested by Mrs.Clever and her representative
Mr.Phillips,that the variance be allowed under Section 107 of the Subdivision
Ordinance because of the mistake,to provide access to the remaining portion of an
entire 49.8S±acre landlocked tract via a platted lot shown as parcel E.
For the record,the Commission clarified that the transfer would be approved for
the entire 49.8S!acre tract only,which could not be developed for other than
individual ownership and could not be further subdivided in the future.
A motion was made by Mr.Herbst to grant approval to the request for a variance
under Section 107 of the Subdivision Ordinance on condition that the conveyance
is for agricultural use and single-family residence only,and requested that the
letter of approval for the conveyance state such conditions.The motion was
seconded by Mr,Wolford.So ordered.
Hurd Farmette:
Mr.William Teach,consultant for Land Planning and Development Corporation,Inc"
requested a variance to the requirements of the Subdivision Ordinance to permit
conveyance of a 5 acre parcel improved by existing facilities and buildings,which
is a portion of an undeveloped 103 acre tract zoned PR,(Planned Residential),
The farmette is proposed to be served by an existing farm lane off the Keiffer-
Funk Road,
On a motion by Mr,Herbst,seconded by Mr.Younkins,the Commission voted to grant
the variance under SectiJon 107 of the Subdivision Ordinanee;as rei'piested,So
ordered.
Requests for Variances Under Section 107,Cont'd.l
Robert C.Hoffman:
Mr.Hoffman appeared before the Commission to request a variance from the require-
ments of the Highway Plan which requires 500'separation between access points
on Primary Roads.The complication lies in that the proposed access for the
commercial site,shown as Lot H-7,is 400'from an existing access to the west
which serves an existing lot owned by Mr.Snurr.The staff suggested that the 25'
access to the east,which was intended to serve the remaining lots to the rear,
be included with the commercial tract,bringing the number of accesses off Md.
Route 60 to one.It was recommended that the variance be granted to permit 400'
between access points to provide more suitable access from a topographic stand-
point to the commercial lot.The staff pointed out that the remaining acreage
would not be landlocked by this action because Mr.Hoffman has remaining
frontage on Lehmans Mill Road that could be used for that purpose.It was also
suggested that in view of the probable development of the remaining lands,a
preliminary consultation be held to address problems that may arise because of
the original silnplified plat process under which the tract had been subdivided.
On a motion by Mr.Wolford,seconded by Mr Herbst,the Commission voted to grant
the request for a variance under Section 107 of the Subdivision Ordinance,pro-
vided the 25'panhandle be ,eliminated and that the developer seek join"!;use of
the access owned by Mr.Snurr,to provide access to the rear lots.So ordered.
It was pointed out that Mr.Mills and Mr.Snurr should be contacted as pertains
to preliminary consultation prior to further development of the acreage in view
of the present action taken.Mr.Hoffman stated his intention to inform the
adjoining property owners of the situation and the staff indicated that notifi-
cation would be given that a preliminary consultation would be desirable prior
to any further development.
On a motion by Mr.Herbst,seconded by Mr,Wolford,the Commission voted to grant
Preliminary Approval to the plat file,noting that all agencies have granted
approval,with the stipulation that the plat will receive final approval at
such time it has been revised to show the requested change for Lot H-7,and
fulfillment of all agency requirements.So ordered.
Mrs'.William R.Knipe:
Mrs.Knipe and her representative appeared before the Commission requesting a
variance to the requirements of the Subdivision Ordinance to permit conveyance
of a 26,000 square foot parcel situated east of Funkstown which does not abut
a public road.The parcel fronts on Locust Street which does not extend to the
parcel to be conveyed,and is not presently maintained.A lot which had simi-
larly been conveyed adjoins the property.
Following consideration of all aspects of the variance request,the Commission
voted,on a motion by Mr.Herbst,seconded by Mr,Younkins,to deny the request
and informed Mrs.Knipe that recourse would be to the County Engineer to determine
ownership of the street and to ask the County Commissioners if they would be
willing to upgrade Locust Street to County standards,It was requested that the
staff research the conditions under which the adjoining conveyance had been sub-
divided.So ordered.
Subdivisions and Developments:
Highland Manor Development Plan:Amended April 9,1979 for clarification:
Mr.Tom M.Davis and his representative,Merle Holsinger of Oliver-Cump and
Associates,appeared before the Commission to present an overall concept plan of
the Highland Manor Planned Residential Development.
In staff review of the development plan,it was recommended that an internal
street connection be shown from the proposed commercial area to the residential
area,as well as an additional access to serve the residential area to provide
emergency vehicular access.It was also felt that the commercial area was
inappropriately located because it does not fit the intent of the Planned Resi-
dential District.
Development Plan -Highland Manor (Amended April 9,1979 for clarification)
Following discussion of the general configuration of the develo~ment plan,the
Commission voted,on a motion by Mr,Wolford and seconded by Mr,Herbst,to
approve the development plan as it stands with the suggestion that in future
submittal of site plans for Highland Manor,the Commission requests to reserve the
right to require internal vehicular access from the proposed residential section
to the proposed commercial center if it is deemed necessary at that time,So
ordered.
UNFINISHED BUSINESS:
Geohydrological Study:
The Executive Director reported that pre-bid consultations will be held on Friday
between the County Coordinating Committee and the consultants who will be sub-
mitting bids to conduct the study,
Zoning Matter -Mrs.William Capezuto:
c.cv:;
C\J
et:J
t:L:::
t::.::1
On a motion by Mr.Herbst and seconded by Mr.Wolford,the Commission voted to
inform Mrs.Capezuto that the matter in reference to setback requirements for
farm buildings in the Agricultural District will be taken into consideration
after such time that the Comprehensive Plan has been addressed,and asked that
this item be removed from the Commission agenda.So ordered.
Areas of Critical State Concern:
Following discussion of the line of action the Commission may want to pursue as
pertains to correspondence from Mr.Ed Thomas of the State Department of Planning
relative to establishment by the County of Areas of Critical State Concern,a
motion was made by Mr.Herbst,secondea by Mr.Younkins,that a response be
forwarded to the Department of State Planning reiterating the Commission's past
stance in this regard in that it will abide by its former decision not to
recommend Areas of Critical State Concern.The motion was opposed by Mr,Wol-
ford.Vote called:Affirmative:Herbst,Younkins,Negative:Wolford.
Motion carried.
RZ-195:llie tothe late hour,the transcript of the public hearing and staff
recommendation for RZ-195 will be considered at the next meeting which is
scheduled for April 9.
The remaining items under Unfinished Business have no new report.
ADJOURNMENT:
seconded by
/I ~f//~'/Le/''''~h,U/;~ie/..
The meeting was adjourned at 10:20 P.M.on a motion by Mr.Herbst,
Mr.Wolford.So ordered.
A Special Meeting of the
April 9,1979 at 7:00 P.
Office Building.
Washington CO~y Planning Commission was held on Monday,
M.in the second floor conference room of the County
Present were:Chairman Terrance W.Bache,Vice-Chairman John C.Herbst,Linda H.
Daniels,William E.Wolford,and Fred H.Younkins,Not present were:Thomas
W.Dwyer and Commissioner Charles F.Wagaman.Staff:Executive Director Jack S.
Hawbaker,Senior Planner James B.Witherspoon and Marion L.Snyder,Executive
Secretary.
The meeting was called to order at 7:15 P.M.
Clarification of Motion Re:Highland Manor Development Plan:
As a result of an inquiry by way of correspondence from Mr,Tom M.Davis,which
requested clarification of the Commission's motion relative to the Development
Plan for Highland Manor,Merle Holsinger,representing Mr.Davis,stated that
the motion as read by the secretary at the regular meeting of April 2,used the
word "request"rather than "require"which did not coincide with wording of
the approval letter from the Executive Director dated April 4,1979 (by reference
to the Official Development Plan file),and was therefore requesting by way of
correspondence dated April 9,1979 (by reference to the Official Development
Plan file),clarification of the Commission's intent in precise wording.The
developer also stated that there were no objections on his part to reconsideration
by the Commission of the motion.
In discussing the intention of the Commission relative to the previous action
taken on April 2,the Commission agreed that it was the intention to reserve
the right to require an internal street connection between the residential area
and the commercial area as a condition of approval if deemed necessary,since
concerns in this regard were expressly addressed by the staff and the Commission.
It was pointed out that under provisions of the Zoning Ordinance and enabling
legislation,the Commission has the right to require from any developer,anything
that is deemed necessary as a condition of approval in consideration of develop-
ment or site plans.
Mr.Holsinger also stated that the requirements for residential areas were
vague and asked if there could be a clarification of probable land uses in the
PR section of the ordinance.It was agreed that in view of the number of concept
plans that have been submitted and are expected to be submitted in the near
future,an undertaking of a study and subsequent modification of that section
of the Ordinance would not be in order at the present time.It was also pointed
out that a concept plan should be general at best,and should not contain details
that should be addressed more properly at the time of site plan submittal,since
the Commission,in approving a development plan,could be locked into a concept
that could create problems later on in the site plan review,
Following discussion,the Commission reiterated its position as pertains to
approval of the development plan on April 2,as stated in the letter of approval
dated April 4,1979:"The Commission voted to approve the Highland Manor Of-
ficial Development Plan with the suggestion that consideration be given to
including internal vehicular access to the proposed commercial area from the
northern portion of the site and reserves the right to require this access to
be shown at the site plan review stage if such access is deemed appropriate at
that time."
RZ-195 -Brightwood Acres,Inc:
Because of a possible conflict of interest,Mr.Bache withdrew from the discussion
of this case.Vice-Chairman John Herbst assumed the chair.
Following public hearing and review of the transcript of Rezoning Case RZ-195,
the staff prepared a .recommendation as pertains to the application for map
amendment for Brightwood Acres,Inc,Based upon this information,a recommen-
dation is now to be forwarded to the County Commissioners for their consideration
of the rezoning case.
In review of the staff recommendation,Jim Witherspoon brought to the attention
of the Commission,that based upon testimony presented at the public hearing,
further review of the provisions of the Zoning Ordinance applicable to the Resi-
dential,Suburban District,and additional observations being made,the staff
concludes that in the absence of a change in character or clear evidence of a
mistake having been made in the original zoning classification,there appears to
be no legal basis upon which to rezone the site.Because the proposed rezoning
to Business,Local would be clearly inappropriate because of the number of
conflicting commercial uses which might become permissable,and because of the
impetus for further commercial development on the north side of Edgewood Drive,
the staff is recommending that the rezoning to the BL classification be denied.
For the record,a letter was read from James P.Moore,III,accompanied by a
petition signed by some 25 persons in opposition to the rezoning (Dated"March 21,
1979 and included by reference to the Exhibits file of the Public Hearing
transcript).Also for the record,Mr.Wolford stated that while he did not attend
the public hearing,he did read the hearing transcript in its entirety and intends
to cast his vote.
RZ-195 -Brightwood Acres,Inc.,Cont'd.)
Following discussion of the staff report and analysis,final staff recommendation,
and in consideration of the public record,the Commission voted,on a motion by
Mrs.Daniels,seconded by Mr.Wolford,to deny the application for map amendment
from RS to BL based upon the findings of the second staff report.Affirmative:
Mr.Wolford,Mrs.Daniels.Negative:Mr.Younkins.Motion carried.
Comprehensive Plan:Mr.Bache resumed chairing the meeting.
Following minor changes and deletions to the final draft of the Comprehensive Plan,
the Commission voted to direct the staff to proof read the entire document,make
necessary changes and print the document.Motion by Mrs.Daniels,seconded by
Mr.Herbst.So ordered.
ADJOURNMENT:
The meeting was adjourned at 9:30 P.M.~~tLJg,
nee W.Bache,Chairman
"'~C",)
eY.Special Meeting of the Washington County Planning Commission was held on Monday,
~April 9,1979 at 7:00 P.M.in the second floor conference room of the County Of-G fice Building.
Present were:Chairman Terrance W.Bache;Vice Chairman John C.Herbst;Linda
H.Daniels;William E.Wolford,Jr.;and Fred H.Younkins.Not present were:
Thomas W.Dwyer and Commissioner Charles F.Wagaman.Staff:Executive Director
Jack S.Hawbaker;Senior Planner James B.Witherspoon and Marion Snyder,Secretary.
The meeting was called to order at 7:15 P.M.
Clarification of Motion -Re:Highland ~lanor Development Plan:
As a result of an inquiry by.,way of correspondence from Mr.Tom M.Davis,which
requested clarification of the Commission's motion relative to the Development Plan
for Highland Manor,Merle Holsinger,representing Mr.Davis,stated that the motion
as read by the Secretary at the regular meeting of April 2,used the word "reserve"
tather than "require"which did not coincide with wording of the approval letter from
the Executive Director dated April 4,1979 (by reference to the Official Development
Plan file),and was therefore requesting by way of correspondence dated April 9,
1979 (by reference to the Official Development Plan file),clarification of the
Commission's intent in precise wording.The developer also stated that there were
no objections on his part to reconsideration by the Commission of the motion.
In discussing the intention of the Commission relative to the previous action taken
on April 2,the Commission agreed that it was the intention to reserve the right to
require an internal street connection between the residential area and the commercial
area as a condition of approval if deemed necessary,since concerns in this regard
were expressly addressed by the staff and the Commission.It was pointed out that
under provisions of the Zoning Ordinance and enabling legislation,the Commission has
a right to require from any developer,anything that is deemed necessary as a con-
dition of approVal in consideration of development or site plans.
Mr.Holsinger also stated that the requirements for residential areas were vague
and asked if there could be a clarification of probable land uses in the PR section
of the ordinance.It was agreed that in view of the number of concept plans that
have been submitted and are expected to be submitted in the near future,an under-
taking of a study and subsequent modification of that section of the ordinance would
not be in order at the present time.It was also pointed out that a concept plan
should be general at best,and should not contain details that should be addressed
more properly at the time of site plan submittal,since the Commission,in approving
a development plan,could be locked into a concept that could create problems later
on in the site plan review.
<1t'
Clarification of Motion -Re:Highland Manor Development Plan,(cont'd.)
Following discussion,the Commission reiterated their position as pertains to
approval of the development plan on April 2,as stated in the letter of approval
dated April 4,1979:liThe Commission voted to approve the Highland Manor OffiCial
Development Plan with the suggestion that consideration be given to including
internal vehicular access to the proposed commercial area from the northern por-
tion of the site and reserves the right to require this access to be shown at the
site plan review stage if such access is deemed appropriate at that time."
R2-195 -Brightwood Acres,Inc:
Because of possible conflict of interest,Mr.Bache withdrew from discussion of
this case.Vice-Chairman John Herbst assumed the Chair.
Following public hearing and review of the transcript of Rezoning Case No.195,
the staff has prepared a recommendation as pertains to the application for·map
amendment for Brightwood Acres,Inc.Based upon this information,a recommenda-
tion is now being forwarded to the County Commissioners for their consideration
of the rezoning case.
In review of the staff recommendation,Jim Witherspoon brought to the attention
of the Commission that based upon testimony presented at the public hearing,
further review of the provisions of the Zoning Ordinance applicable to the Resi-
dential,Suburban District,and additional observations being made,the staff
concludes that in the absence of a change in the character or clear evidence of
a mistake having been made in the original zoning classification,there appears
to be no legal basis upon which to rezone the site.Because the proposed re-
zoning to Business,Local would be clearly inappropriate because of the number
of conflicting commercial uses which might become permissible,and because of
the impetus for further commercial development on the north side of Edgewood
Drive,the staff is recommending that the rezoning to BL be denied.
For the record,a letter was read from James P.Moore,III,accompanied by a
petition signed by some 25 persons in opposition to the rezoning.(Dated March
21,1979 and included by reference to the Exhibits file of the public hearing
transcript).Also for the record,Mr.Wolford stated that while he did not
attend the public hearing,he did read the hearing transcript in its entirety
and intended to cast his vote.
Following discussion of the staff report and analysis,final staff recommendation,
and in consideration of the public record,the Commission voted,on a motion by
Mrs.Daniels,seconded by Mr.Wolford,to deny the application for map amendment
from RS to BL based upon findings of the second staff report.Affirmative:Mr.
Wolford,Mrs.Daniels,Mr.Herbst.Negative:Mr.Younkins.~lotion carried.
Comprehensive Plan:Mr.Bache resumed Chairing the meeting.
Following minor changes and deletions to the final draft of the Comprehensive Plan
the Commission voted to direct the staff to proof read the entire document,make
necessary changes and print the document.Motion by Mrs.Daniels,seconded by
Mr.Herbst.So ordered.
ADJOURNEMNT:
The meeting was adjourned at 9:30 P./7~A.'W'Jee
Terrance W.Bache,Chairman
(2
A Special Meeting of the Washington Co~nty Planning Commission was held on
Tuesday,May 1,1979 at 1:00 P.M.incthe CETA offices conference room of the
County Office Building.
Present were:Chairman Terrance W.Bache;Linda H.Daniels;Charles F.Wagaman,Jr.;
William E.Wolford,Jr.;and Fred H.Younkins.Staff:Executive Director Jack
S.Hawbaker;Senior Planner James B.Witherspoon,and Marion Snyder,Secretary.
Commission members absent were:Thomas W.Dwyer and John C.Herbst.Advisory
Board members Catherine Thompson and Walter Bailey.Also present were:W.Louis
Plummer,Sr.;W.Louis Plummer,Jr.;Milton E.McGauhey,Hagerstown Water Pollution
Control;James A.Rooney,Washington County Health Department;Attorney William P.
Young,Jr.;Attorney Robert E.Kuczynski,and representatives of the press,Pat
King and Arnold Platou.
The meeting was called to order at 1:OS P.M.
C:~cr.::
C\J.
CO
~
~
The purpose of the meeting was to conduct a work session to determine the status
of the Brightwood Acres Subdivision which had been granted Preliminary Approval
by the Planning Commission on January 9,1979,conditional upon fulfillment of
a number of issues,with the prime issue of today's discussion being the ques-
tion of provision of sewer service.The basis of the preliminary approval was
an agreement by the City of Hagerstown to provide sewerage service to the sub-
division.A major obstacle has since heen encountered in that the agreement was
based upon the use of holding tanks to provide such service,and which the State
Department of Health and Mental Hygiene will not allow and therefore will not
grant their approval.Since the Health Department does not accept the system
for sewage disposal,the Planning Commission cannot grant grant Final Approval
to the plat and the developer will be unable to commense construction of the
sewer system.In reviewing the plat file,the Chairman noted the following
correspondence:January 5,1979,letter from Mr.McGauhey to Mr.Hawbaker,
addressing the use of holding tanks (copy not included in the file).If holding
tanks are to be used to receive the effluent from the subdivision,the positiQn
of the Health Department is not to grant approval.Mr.Rooney said that the
Health Department had granted approval on January 5,1979,stating that such ap-
proval was conditional upon receipt of approval of the public water and sewerage
systems by the State Department of Health and Mental Hygiene.Mr.Rooney stated
that the only letter received by the County Health Department was dated January 5,
1979 from Mr.McGauhey and states:"Please be advised that this office has no
objections to the issuance of approval for the subject development".This was
in response presumably to the Department of Health's request for acceptance of
water and sewer service by the City of Hagerstown.
Mr.Wagaman stated that in response to an inquiry by the County Commissioners on
April 9,1979,to the State Department of Health and Mental Hygiene as pertains
to their policy for the use of holding tanks on the property in question and a
second property on Pennsylvania Avenue,a letter was received on April 24,1979,
which he paraphrased to interpret that use of holding tanks would be permitted
only to alleviate health hazards created by existing on-site systems,in which
case he interpreted to mean that neither property owner could qualify for their
use.He pointed out the apparent difficulty as being that the Antietam Basin
201 Facilities Plan concept was to permit the use of holding tanks where inter-
ceptor lines would be available in the immediate future,and that while the State
Health Department has approved the 201 Facilities Plan in theory,apparently has
disapproved the practice.
Mr.McGauhey stated that the Mayor had authorized him to say that the holding
tanks were to be installed based upon approval of the 201 Facilities Plan by the
State Department of Health.
Mr.Bache pointed out that while the holding tanks might be installed to the satis-
faction of the Water Pollution Control Department,there will not be a discharge
permit issued for those holdong tanks until final plat approval is granted and
a permit issued for construction of a sewerage system,and therefore the CQunty
cannot provide an a-proved final plat without the signature of the Health Officer.
Mr.Bache also pointed out that the purpose of the discussion was to inform the
developer of the status of the preliminary plat.Mr.Rooney clarified the position
of the County Health Department relative to the preliminary sign-off which states:
"Upon receipt of approval of the public water and public sewerage systems permit"
as a condition for final approval.He also stated that Mr.Plummer has a right to
appeal the condition imposed.
Mr.Bache pointed out that this discussion should have taken place several months
prior as pertains to this particular detail since major obstacles should be known
and resolved at the preliminary stages of the development process.
Mr.Rooney said that the Health Department has reacted to exactly what has been sub-
mitted to them and as of the present time,there has been nothing submitted to the
Department of Health pertaining to the use of holding tanks in the Brightwood Acres
Subdivision,either in the drawings submitted or the files and that there was no
way that the Health Department could have responded to the question of the use of
holding tanks.
~h
W.Bache,ChaIrman
~"
/
Mr.Wagaman said that the County Commissioners had discussed the problem earlier
that day and had indicated a willingness to follow through to resolve the conflict
as pertains to the State Department of Health's pOlicy relative to the adopted
201 Facilities Plan.The meeting adjourned'~1:4S P.M.
The Regular Meeting of the Washington County Planning Commission was held on Mon-
day,May 7,1979 at 7:00 P.M.in the second floor conference room of the County
Office Building.
Present were:Chairman Terrance W.Bache;Vice Chairman John C.Herbst;Linda
H.Daniels;Thomas W.Dwyer;William E.Wolford;and Fred H.Younkins.Mr.
Herbst arrived at 7:30.Not present:Charles F.Wagaman,Jr.Staff:Executive
Director Jack S.Hawbaker;Senior Planner James B.Witherspoon;Associate Planner
James P.Brittain,and Marion Snyder,Secretary.
The meeting was called to order at 7:00 P.M.
MINUTES:
The minutes of the special meeting of April 23,1979 were approved as written
on a motion by Mr.Dwyer,seconded by Mrs.Daniels.So ordered.
NEW BUSINESS:
Requests for Variances Under Section 107:
Harry Y.Shantz:
A request from Mr.Shantz for a variance to the requirements of the Highway Plan
was heard in which it was proposed to convey a lot from the original parcel off
Broadfording Road to an immediate family member.Access could be provided to
meet the 300'distance requirements,and 80'from an adjoining land owner's access.
Due to the topography of the land,Mr.Shantz proposed to move the new lot access
to a point nearer his own.
The Comlnission voted,on a motion by Mr.Wolford,seconded by Mrs.Daniels,to
grant the request for a variance to the Highway Plan under Section 107 of the
Subdivision Ordinance to permit access within 300'of the existing access be-
cause of the topography of the land.So ordered.
~lrs.Winnie Gelvin:
A request was heard from Mrs.Gelvin in which it was proposed to convey an
existing farm consisting of approximately 15 acres not fronting a public road.
Access is to be provided across the remaining farm via an existing right-of-way
to serve the farm dwelling.
On a motion by Mr.Dwyer,seconded by Mr.Younkins,the Commission voted to
grant the variance under Section 107 of the Subdivision Ordinance to permit
creation of a lot not served by a public road and which will be served by an
existing right-of-way.So ordered.
Mrs.Harry L.Jones:
A variance to the requirements of the Subdivision Ordinance was heard in which it
was proposed to convey a one acre lot to an immediate family member from an
original 3.7 acre parcel.The lot will be served by an existing right-of-way
which now serves two other previously conveyed lots.
On a motion by Mr.Dwyer,
the request under Section
able public road access.
Herman J.Pyles:
seconded by Mr.Wolford,the Commission voted to grant
107 of the Subdivision Ordinance because of no favor-
So ordered.
A request was heard to permit the creation of a lot not abutting a public road.
Mr.Pyles'property by deed is made up of Tract 1 and Tract 2.Mr.Pyles'home
is on Tract 1 and he wishes to convey a three acre lot having some acreage from
both Tracts 1 and 2.This request is in lieu of the complete sale of Tract 2
which is unsuitable for development.
The Commission voted,on a motion by Mr.Dwyer,seconded by Mr.Wolford to grant
the request for a variance under Section 107 of the Subdivision Ordinance as a
topographic hardship with the condition that no further subdivision of the re-
mainder of the tracts will be considered by the Commission.Mrs.Daniels voted
"No".Mr.Herbst abstained from the vote because he had not been present for
the discussion.So ordered.
0':
C":C
C\).
&:C
W
C
Requests for Variances Under Section 107,(cont'd,)
Arthur W,Hicks:
The request by Mr,Hicks concerns a previously approved request for a variance to
serve a subdivision shown as Lot 1 and remaining lands situated off U.S.Route
40.It is now being proposed to create Lots 2 and 3 to be conveyed to immediate
family members with a variance to serve the remainder of the land.An existing
60'right-of-way deeded to Conococheague School,Mr.Hicks,and another property
owner would provide access to Lot 2 and remaining lands.
The Commission voted,on a motion by Mr.Wolford,seconded by Mr.Herbst,to grant
the variance under Section 107 of the Subdivision Ordinance as requested.Motion
carried with Mrs.Daniels voting "No".
Elmer Wills:
Mr.Russ Townsley,representing Mr.Wills,requested a variance to the Dedication
Clause Statement of the Subdivision Ordinance under Section 107 of the ordinance
because to comply with the 75'dedication from the centerline of the road would
make it impossible to provide the necessary 10,000 square feet for septic area
to serve the lot.
On a motion by 14r.Herbst,seconded by Mr.Wolford,the Commission voted to grant
the request for a variance under Section 107 of the Subdivision Ordinance.So
ordered.
Subdivisions:
Paramount Baptist Church,Inc.:Preliminary and Final:
Upon review of the plat file application for a subdivision of Parcels A and B
and noting that all agency approvals have been received,the Commission voted to
grant Preliminary Approval on a motion by Mr.Herbst,seconded by Mr.Dwyer.So
ordered.
On a motion by Mr.Younkins,seconded by Mr.Dwyer,the Commission voted to grant
Final Approval to the plat file.So ordered.
Beaverbrook,Section B,Final Approval:
The staff pointed out that Beaverbrook,Section B had received Preliminary Ap-
proval in October,1974,based upon additional testing required by the Health
Department being completed.Also pointed our were minor changes in the final
plat submittal as requested by the County Engineer as pertains to design of cul-
de-sacs.All agency requirements have been met.
On a motion by Mrs.Daniels,seconded by Mr.Wolford,the Commission voted to
grant Final Approval to Section B of Beaverbrook Subdivision.So ordered.
CORRESPONDENCE:
Letter of Resignation -Margery Koenig:
The Commission voted,on a motion by Mr.Herbst,seconded by Mr.Wolford to accept
with regrets,the resignation of Margery Koenig from the Planning Staff as Associate
Planner,and to proceed with a request to the County Commissioners for a replacement
for the position.So ordered.
UNFINISHED BUSINESS:
Geohydrological Study:
The Executive Director reported that proposals for the Geohydrological Study have
been received from consultants who were invited to bid and that a meeting of the
Coordinating Committee will be held to make a final selection.
New Community Highway Plan:
The Executive Director reported on the status of the New Community Highway Plan
which was approved by the County Commissioners on February 6,1979.The County
Engineer is now completing photogrammetry necessary to determine alternate align-
ments for the proposed new highways which would be compatible with future development.
UNFINISHED BUSINESS,CONT'D:
Right of Way Dedication:
It was pointed out that the Right of Way Dedication Clause is part of the amendment
process for the Subdivision Ordinance,and needs to be addressed in view of the
many requests for variances to that section of the ordinance that have been
received.The Commission requested that this be placed on the agenda for the
June 4 meeting and asked that copies of the proposed amendments be sent to the
members prior to that time.
Water and Sewer Plan Procedures:
The Procedure for update of the Water and Sewer Plan has been forwarded to the
County Commissioners.The problems between the Water Pollution Control Department,
the Hagerstown Water Department,and the Planning Department have been resolved.
The Executive Director reported that some additional comments have been received
from Mr.Byers on behalf of the Homebuilder's Association which still have yet to
be resolved.
Water and Sewer Plan -'79 Revision:
The Water and Sewer Plan FY'79 Update is still being worked on.The Executive
Director pointed out that work on this will cease at the end of the week because
of the staff vacancy.
Public Zoned Lands:
TIle proposal for Public zoned lands was forwarded to the County Commissioners for
their consideration some time ago and is still being held in abeyance.
Subdivision:
Charlton Acres,Section 2:
Preliminary Approval was granted to this subdivision in 1976.Ground water permits
have not been issued by the Department of Water Resources because of sources of
contamination existing in the area.As a result,final Health Department approval
has not been received.Since approval was granted by the Commission conditional
upon final agency approval,final approval was denied.The extension of time
granted a year ago for consideration of the preliminary plat should not have been
granted,and therefore,the consultants have been notified that the plat will have
to be resubmitted if the problem can be resolved.The Executive Director pointed
out that the matter was brought to the attention of the Commission for the record
and that no action was required at the present time.
OTHER BUSINESS:
Zoning Ordinance Text Amendments:
Section 10.0 and 10.6(b):
The Executive Director pointed out that these two sections of the Zoning Ordinance
are interrelated since the impermeable surface coverage of the site in the RM
District would affect the number of units permitted per acre.
Section 10.6(b)is proposed to be amended to change the impremeable surface area
requirement within the RM District for residential development from 35%of the
gross land area to 45%.
Following discussion of these requirements,the Commission agreed that Section
10.06(b)should be reworded to state that "impervious surface coverage for in-
terior streets,parking areas,and residential structures shall not exceed 45%
of the gross land area".
Section 22.4 is proposed to be deleted as presently written in its entirety and
replaced with the wording as proposed by the staff pertinent to flood plain
regulations.
The Commission authorized the staff to proceed with advertising the proposed
Zoning Text Amendments to be taken to public hearing.
OTHER BUSINESS,CONT'D:
Water and Sewer Plan Amendment -Town of Hancock:
A staff report and recommendation as pertains to an application by the Town of
Hancock to amend the County Water and Sewer Plan to extend its service area
boundaries to include a 130 acre tract of land known as the Norhan Tract which
has been annexted by the Town was considered.
The plans for development of facilities being consistent with criteria estab-
lished for for the requested S-3,W-3 classification,the Commission voted,on
a motion by Mrs.Daniels,seconded by Mr.Dwyer,to notify the Town of Hancock
that a recommendation of approval for the requested reclassification was being
forwarded to the County Commissioners for their action.So ordered.
Request for Variance:
Gorman Bowers:
A letter was read from Oliver-Cump and Associates in which it was requested that
a variance to the Highway Plan be granted to permit a joint-use driveway to pro-
vide access to a possible future residence off Md.Route 66.Under the provisions
of the highway access interpretation which allows one additional access to an
existing one,the new access would be permitted.
cr.On a motion by Mr.Herbst,seconded by Mr.Dwyer,the Commission voted to grant
~the request that the one allowable access be utilized as a dual driveway.So
C',J ordered.
t:C
~The staff was directed to grant the use of dual access and that they be considered
~as one point of access unless there are extenuating circumstances that should be
brought to the attention of the Commission.
Election of Officers:
Nominations from the floor were opened to fill the offices for Chairman and Vice-
Chairman of the Commission for the coming year.
On a motion by Mr.Wolford,seconded by ~lrs.Daniels,Mr.Bache was nominated to
serve as Chairman of the Commission for this years'term of office.Unanimously
approved.
On a motion by Mr.Herbst,seconded by Mrs.Daniels,the Commission voted that
nominations for the office of Chairman be closed.So ordered.
The Commission voted unanimously to nominate John Herbst for the next term of of-
fice as Vice-Chairman of the Commission.So ordered.
On a motion by Mr.Younkins,seconded by Mrs.Daniels,the Commission voted to
close nominations for Vice-Chairman.So ordered.
Co~prehensive Plan:
Mr.Hawbaker reported that the staff has made three presentations thus far to the
League of Women Voters,Chamber of Commerce Board of Directors,and the Board of
Realtors.Additional meetings are scheduled for ~lay 21, 22,and 24,with several
more scheduled to be set.A list of questions asked by the various groups is being
compiled and will be made available to the Commission members.Mr.Hawbaker stated
that all County jurisdictions have been contacted as well as all organizations and
civic groups who have agreed to set up meetings for presentations of the draft Plan.
It is expected that the slide program which is now being prepared will be ready
within three weeks to a month.
The Commission also agreed that public meetings should take place during the months
of August and September and that one day a week,tentatively Wednesday,will be
set aside for public meetings to present the revised Plan.
The meeting was adjourned at 10:10 P.M.
Terrance W.Bache,Chairman
ADJOURNMENT:
~~JI<J?~Lo~
The Regular Meeting of the Washington County Planning Commission was held on
Monday,June 4,1979 at 7:00 P,M,in the second floor conference room of the
County Office Building,
The meeting was called to order at 7:10 P,M,
Present were:Chairman Terrance W,Bache;Thomas W,Dwyer;William E,Wolford;
Fred H,Younkins;Mr,Herbst arrived at 7:20,~lrs,Daniels arrived at 7:25,
Staff:Executive Director Jack S,Hawbaker;Senior Planner James B,Witherspoon;
Associate Planner James P,Brittain;and Marion Snyder,Secretary.Also present:
Catherine Thompson,Chairman of the Advisory Board and Walter Bailey.
MINUTES:
The minutes of the regular meeting of May 7,1979 were adopted as written on a
motion by Mr.Dwyer,seconded by Mr,Wolford.So ordered.
Request for Addition of Kenilworth Estates to Agenda:
A letter was read from Russell Townsley,Fox and Associates,in which it was re-
quested that Kenilworth Estates Subdivision be placed on the Commission agenda
for preliminary consideration.Health Department approval has not been received
pending approval from Water Resources Administration of test wells which have been
dug.Since it is the position of the Commission to review the plat file after all
agency approvals have been received,the request has been made in order to allow
the developer to proceed to avoid the approximate three week delay.
A motion was made by Mr.Wolford and seconded by Mr.Younkins,to
E3tates to the agenda for consideration of Preliminary Approval,
with Mr.Dwyer voting "No".
NEW BUSINESS:
Requests for Variances Under Section 107:
William Teach:
add Kenilworth
Motion carried
Mr.William Teach appeared before the Commission with regard to creation of a
lot in a subdivision previously approved on February 4,1974,known as Mountain
Vistas.A variance to the Highway Plan is requested under Section 107 of the
Subdivision Ordinance to subdivide Lot 10 to create new lots 10-A and 10-B with
access to be provided across Lot 10-A because of the topography of the lot,with
new lot 10-B proposed to become a panhandle lot having 25'frontage on Route 40.
The right-of-way also provides access to lots 9 and 11.
On a motion by Mr,Dwyer,seconded by Mr,Wolford,a variance was granted under
Section 107 of the Subdivision Ordinance to create a new lot not fronting on a
public road on the condition that the boundary of lot 10-B be extended to the right-
of-way,thereby eliminating the 25'panhandle fronting on Route 40.Motion carried,
Harry S.Keller:
Mr.Keller and his daughter,Mrs,Trumpower,appeared before the Commission with
a request for a variance to the requirements of the Subdivision Ordinance to permit
conveyance of a lot not abutting a public road which is proposed to be conveyed to
Mrs.Trumpower.Lot 3 in question is proposed to be provided access via a right-of-
way off Route 491,
Following a five minute recess in Executive Session,the meeting was reconvened at
7:50 P.M.The Chairman advised Mr,Keller that in view of some questions raised
by the Commission in regard to legal ramifications of the right-of-way involved,
that the request be withdrawn at this point in time because it was felt that
additional information would be required in order for the Commission to make a
proper decision.It was requested that Mr.Keller work with the staff in resolving
the matter,The request for a variance was withdrawn,
0:cv:;
C\)
CO
~
l:..';J
Subdivision Plat:
Kenilworth Estates:
In discussion of Kelilworth Estates,having been added to the Commission agenda in
previous action at this meeting,it was pointed out that all necessary agency ap-
provals have been received with the exception of the Health Department which has
been withheld pending WRA water appropriations permits.Mr.Townsley requested
that conditional approval be considered to permit the developer to proceed pending
testing of wells which have already bene dug.
A motion was made by Mr.Herbst,seconded by Mr.Wolford,to grant Preliminary
Approval to Kenilworth Estates Subdivision,subject to receiving all agency approvals.
For the record,Mr.Wolford questioned if such approval has ever previously been
granted by the Commission since it was not the intention to set a precedent by
this case.Mr.Herbst said that such approvals have been granted conditionally in
the past.Motion carried to grant Preliminary Approval with Mrs.Daniels voting
tINa.11
COMMUNICATIONS:
Letter from Commissioner Snook:
A letter was read from Martin L.Snook,President of the Board of County Commissioners,
advising of the reappointment of Mr.Dwyer by the County Commissioners to the Planning
Commission for a five year term from May 15,1979 to April 16,1984.
Letter from Fox and Associates:
A letter was read from Russell Townsley,Fox and Associates,dated May 24,1979,
in which it was requested that a 60 day extension of time be granted for consider-
ation of the following plats due to additional testing required by the Health
Department:Brightwood Acres,final plat;Kenilworth Estates,preliminary plat;
Longview Estates,preliminary;McMullan-Graves Farm,Section 6,preliminary and final;
McMullan-Graves Farm,Section 3,preliminary;Mountain View Estates,preliminary;
Robert N.Myers,preliminary and final.
On a motion by Mrs.Daniels,seconded by Mr.Younkins,the Commission voted to grant
the request for a 60 day extension of time for the above referenced subdivisions.
So ordered.
UN FIN I SHE D BlllSINESS:
Geohydrological Study:
The Executive Director announced that the contract for the proposed Geohydrological Study
for the County has been awarded to the firm of Richard E.Wright and Associates.
Work is expected to begin in September,beginning with the selection of prototype areas
wi th the monies that have already been allocated for the study.The(:'Geohydrological
Study Task Force has been designated as the body to whom the consultant will be making
progress reports.
New Community Highway Plan:
The Executive Director reported that the County Engineer is working with the consul-
tant as pertains to photogrammetry of the designated New Community Area.
Water and Sewer Plan Procedure:
The Executive Director reported that the Water and Sewer Plan Procedures has been
finalized following negotiations in regard to concerns expressed by some agencies
and the Homebuilders Association and is being forwarded to the County Commissioners
on June 5 for their consideration.The Commission discussed the minutes of the
meeting held on May 31 with representatives of the Water Department,Water Pollution
Control,Health Department,Home Builders Association,City Planning Department,
Sanitary District and County Planning Department,in regard to improvements to the
format and content for the next update of the Water and Sewer Plan.
Subdivision Ordinance Revision:
The Commission discussed the necessary amendments to the Subdivision Ordinance,
particularly as relates to the dedication of right-of-way statement,subdivisions
not fronting a public road,and modification of standards on existing roads.
~eference is made to correspondence between the Planning Commission staff and
the County Engineer in regard to road standards dated April 16 and May 16 respec-
tively).Also,the sraff is working on additional corrections to portions of
the Subdivision Ordinance prior to finalization and review by the Commission.
A workshop session is scheduled for Tuesday,June 26 to review the proposed
changes.
OTHER BUSINESS:
Rezoning Cases:
Copies of rezoning case applications for map and text amendments to the Zoning
Ordinance were distributed to the Commission.A public hearing is scheduled for
Manday,June 11,1979 at 7:00 P.M.in Court Room #1.
Status of Open Position:
The Executive Director reported that interviews will be conducted on June 8 for the
open Associate Planner's position.The Commission requested that the three can-
didates selected as a result of the screening interviews be brought to the
Commission prior to a final decision being made.
Plan Presentation:
The Executive Director distributed copies of a chart which was compiled by the staff
to show the status of presentations made thus far to various groups and organizations
to present the draft Plan and comments and questions raised in response to the re-
vised policies.The completed slide program was presented to the Commission who
expressed their unanimous approval and directed that it immediately be taken to any
group scheduled for presentations.It was also suggested that a request be made
to the County Commissioners to be placed on their agenda to present the program to
them.Mr.Hawbaker said that the County Departments and agency heads were
scheduled to see the program on June 14.
Also,it was announced that Alan Musselman,Executive Director of the Agricultural
Land Preservation Foundation will be present at the Soil Conservation District
meeting on June 14 at 8:00 P.M.to be held in Turner's Bingo Room at the Longmeadow
Shopping Center to discuss agricultural preservation.
Letter of Resignation:
A letter of resignation from Bonnie Lewis was read,terminating her position with
the Planning Department as Draftsman to become effective on June 15,1979.
On a motion by Mr.Dwyer,seconded by Mr.Wolford,Ms.Lewis'resignation was accepted
with great regret.The Executive Director was directed to request that the vacated
position be advertised.So ordered.
ADJOURNMENT:
The meeting was adjourned at 9:45 P.M.
~
f)/.
Terrance W.Bache,-chairman
cr:
C":'
C'\l
~
~
t::l
The regular meeting of the Washington County Planning Commission,was held on Monday,
July 2,1979 at 7:00 P.M.in the second floor conference room of the County Office
Building.
Present were:Chairman Terrance W.Bache,Linda H.Daniels,William E.Wolford,Jr.,
and Fred H.Younkins.Staff:Executive Director Jack S.Hawbaker,Senior Planner
James B.Witherspoon,Associate Planner James P.Brittain and Marion Snyder,Secretary.
Not present:John C.Herbst,Thomas W.Dwyer,and Charles F.Wagaman,Jr.
The meeting was called to order at 7:05 P.M.
Requests For Variances Under Section 107:
Mr.Keller appeared before the Commission relative to his proposed subdivision which
was recently considered and delayed due to additional information being required in
regard to the right-of-way from Md.Route 491 which is proposed to serve a lot to be
conveyed from parcel 3 to his daughter.It was pointed out that the right-of-way in
question was not the right-of-way that was under litigation by the Court of Appeals.
Mr.Keller additionally requested that he b~allowed to create three additional lots
from Parcels 5 and 6 to be conveyed to other members of his immediate family,also
to be served by a private right-of-way.
Following staff review and discussion of the proposed subdivision,the Executive
Director recommended that these requests be considered separately,thereby disposing
of the original request which involves Parcel 3 and clarifying previous action taken
by the Commission in September,1976.
On a motion by Mrs.Daniels,seconded by Mr.Wolford,the Commission voted to grant
a variance to the requirements of the Subdivision Ordinance under Section 107 to allow'
subdivision of Parcel 3 only,for the purpose of conveying a lot to his daughter,Mrs.
Trumpower.So ordered.
Also,the Commission voted,on a motion by Mrs.Daniels,seconded by Mr.Wolford,to
hold action on Parcels 5 and 6 until the Commission can review the proposal in the field.
In order to give Mr.Keller some guidance as to how Parcels 5 and 6 can be acceptably
partitioned,this review will take place in the immediate future.So ordered.
,
The Martin Company to Resh:
On a motion by Mr.Younkins,seconded by Mrs.Daniels,the Commission voted to grant a
variance to the dedication clause of the Subdivision Ordinance to permit conveyance of
a 5.25 acre parcel without the required 75'dedication from the centerline of Md.
Route 63,because of the position of an existing concrete slab and barn.So ordered.
Richard J.Norkunas:
Mr.Weikert,Fox and Associates,appeared in behalf of Mr.Norkunas to request a variance
to the requirements of the Subdivision Ordinance to create a 1.2 acre parcel with an
existing dwelling and is proposed to be served via a 21'deeded right-of-way.He also
requested a variance from the 25'right of way dedication from the centerline of Catawba
Road because to do so would place an encumbrance upon the dwelling.
On a motion by Mr.Wolford,seconded by Mrs Daniels,the Commission voted to
grant the requests for variances under Section 107 of the Subdivision Ordinance.
So ordered.
Donald J.Blickenstaff:
!1r.Weikert,Fox and Associates,appeared as representative for Mr.Blickenstaff to
request a variance under Section 107 of the Subdivision Ordinance to permit conveyance
of a parcel situated off Washington Monum,ont State Park Road to his son,utiliZing a
right-of-way through the remaining land through the parcel to be conveyed,due to the
unsuitability of the topography of the land for other location of access.
On a motion by Mr.Younkins,seconded by Mr.Wolford,the Commission voted to grant
the request for a variance to the requirements of the Subdivision Ordinance under
Section 107.So ordered.
Florence &enfield:
Mr.Weikert,Fox and Associates,on behalf of Mrs.Benfield,requested a variance to
allow creation of a 3.54 acre parcel,occupied by an existing mobile home,which would
not abut a public road.Access is proposed by utilization of an existing lane across
the remaining 3.25 acre parcel which fronts Md.Route 56.
On a motion by Mrs.Daniels,seconded by Mr.Wolford,the Commission voted to grant
the request for a variance under Section 107 of the Subdivision Ordinance.So ordered.
Theodore Rosenberry:
Mr.Hebb,Oliver Cump and Associates,representing Mr.Rosenberry,requested to be
permitted variance of the 300'distance requirements on a secondary road (Indian
Springs Road)due to sight distance inadequacy in order to provide safe ingress and
egress to a 8.1 acre parcel which is proposed to be conveyed.
On a motion by Mr.Wolford,seconded by Mr.Younkins,the Commission voted to grant
the variance as requested,under Section 107 of the Subdivision Ordinance.
So ordered.
Subdivisions:
McMullan-Graves Farm,Section 3,Lots 1 and 2:
The Commission reviewed and discussed Section 3,Lots 1 and 2 of McMullan-Graves
subdivision for which a preliminary consultation was held on May 27,1974 for the
proposed 10 Phase development.Memorandums from the County Engineer,dated Jan-
uary 6,1978 and January 11,1979,respectively,were brought to the attention of
the Commission as they pertain to sight distance and traffic flow on Independence
Road and Rockdale Road to Route 40.(By reference to the plat file).
Noting that an extension of time for consideration is valid until January,1980,
the Commission voted to review the site of this subdivision in the field in the
presence of Mr.Dull and the developer prior to any approval being granted,based
upon the COncerns expressed relative to the adequacy of the roads to serve a ?
subdivision of this size.Motion was made by Mr.Wolford,seconded by Mrs.Daniels.
So ordered.
CORRESPONDENCE:
A letter from James A.Rooney,Washington County Health Department,dated June 5,
1979,was brought to the attention of the Commission for their information in
regard to the position of the Health Department as pertains to the conditional
approval granted to the Brightwood Acres subdivision.Nothing has yet been
resolved in respect to the use of holding tanks.
A copy of a letter from Barry Teach to Richard E.Wright Associates,was discussed
in which the consultant was authorized to proceed with Phase I of the Geohydrological
Study for the County and advising that the County Commissioners have designated
the County Coordinating Committee as liaison for the study.
The Commission expressed concerns that some staff person should be designated to
work with the consultant since direct and continuous contact would be obligated
between the county and the consultant.It was felt that the necessary continuity
may not be maintained at the Coordinating Committee level.
Following discussion of planning staff availability to serve in this capacity,
relative to reevaluation of work schedule priorities,the Commission agreed to go
on record by stating their concerns to the County Administrator and to recommend
that a permanent staff person be designated to work directly with the consultant
based upon no information becoming available through coordination with the Task
Force,and offering the services of a planning staff person in this regard.
Concerns were also expressed as to notification of the Task Force members of the
recent action taken by the County Commissioners in designating the Coordinating
Committee as liaison in view of the lenghty involvement toward development of the
study proposal through the efforts of the Task Force.
A letter was read,dated June 6,1979,from Ronald M.Hill,Federal Highway Admin-
istration,in regard to public hearings to be held concerning the future direction
of the Highway Beautification Program.Following discussion of the program reas-
sessmment which would particularly have an effect on outdoor advertising signs and
junkyards locally,the Commission agreed to authorize the Executive Director to
forward a letter to the Federal Highway Administration stating the Commission's
support of the Highway Beautification Program and urging its continuance.
OTHER BUSINESS:
Rezoning Cases RZ-198 and RZ-199:
Mr.Hawbaker stated that the transcript of the public hearing of June 11 for Rezoning
Cases RZ-198 and RZ-199 was inadequate as pertains to testimony in case No.199
relative to permeable open space and parking space in the RM District,and that no
testimony was given in the case of RZ-198,an amendment which would incorporate
the Water Resource Administration's regulations for flood plain management.
The Commission asked that the proposed amendment of Article 10,Section 10.6,be
sent to the Homebuilder's Association and Associated Building Contractors for their
review and comment prior to the County Commissioner's hearing.
On a motion by Mr.Wolford,seconded by Mr.Younkins,the Commission voted to forward
RZ-198 to the County Commissioners for their action.So ordered,
If:f;
~.
iN-~-UNFINISHED BUSINESS:
t:J.::t:Water and Sewer Plan Procedures:
The Executive Director reported that the Water and Sewer Plan Procedural Manual
for update of the Water and Sewer Plan is still in the hands of the County Com-
missioners who have taken no action thus far,
Water and Sewer Plan FY-79:
The Executive Director pointed out that new legislation requires the update of
the Water and Sewer Plan every two years,the next update of which will be July
1980.In regard to mapping,the Executive Director said that as a result of
meetings held with agencies who would be using the Water and Sewer maps,it was
felt that property lines should be retained on the maps and that Georgina HaVlik,
Department of Health and Mental Hygiene,also felt it important to do so.The
Commission suggested that the list of goals be checked to see if they are still
relevant in the new update.
Subdivision Ordinance Amendments:
A workshop meeting to review proposed amendments to the Subdivision Ordinance was
scheduled for Monday,July 16 at 7:30 P.M.
The Commission scheduled a field trip to view the McMullan-Graves Subdivision and
the Harry Keller subdivision on Monday,July 9 at 5:00 P,M.,leaving from the
rear of the County Office Building.
Plan Presentation Status Report:
The Executive Director reported that 20 presentations have been given thus far by
the staff and members of the Commission.Additional programs are being scheduled
with Williamsport Mayor and CGuncil on July 9,and the Williamsport Planning
Commission scheduled for July 16.The Hancock Mayor and Council are scheduled to
hear the program on Wednesday,July 18.
ADJOURNMENT:
The meeting was adjourned at 10:00 P.M.,followed by an Executive Session.
~tu~/~..~._..
,
The regular meeting of the Washington County Planning Commission was held on August 6,
1979 at 7:00 P.M.in the second floor conference room of the County Office Building.
Present were:Chairman Terrance W.Bache;Vice-Chairman John C.Herbst;Linda H.
Daniels;Fred H.Younkins;and William E.Wolford,Jr.Not present:Charles F.Waga-
man.Staff:Executive Director Jack S.Hawbaker;Senior Planner James B.Witherspoon;
Associate Planner James P.Brittain;Assistant Planner Catherine Thompson;and Marion
Snyder,Secretary.Mr.Dwyer arrived at 8:30.
The meeting was called to order at 7:05 P.M.
On a motion by Mr.Dwyer,seconded by Mrs.Daniels,the Commission voted to approve the
minutes of the meeting of June 4,1979 as presented.So ordered.
Requests for Variances Under Section 107:
Harry S.Keller:
Mr.Keller appeared before the Commission requesting that a variance be granted from
the requirements of the Subdivision Ordinance to permit additional conveyances to
immediate family members which would involve further subdivision of a previously ap-
proved transfer of lots from tracts 3,!i,&6 of his property to immediate family under
Section 107.The Commission inquired,for the record,the relationship of the persons
to whom the land was to be transferred and what plans he might have for any future
transactions.Mr.Keller stated that the proposed conveyances were intended for his
two sons and a daughter and that he had no other plans for further subdivision of the
remaining lands.The staff stated that the Planning Commission is also going to pro-
pose a rezoning of the parcels from the present "P"Public classification to "e"
Conservation,due to a mistake in the original zoning classification and brought to the
attention of Mr.Keller and the Commission that 3 acre lots would then be required
under the Conservation zoning.The public hearing for this case is scheduled for
September 10,followed by the County Commissioner's hearing prior to final decision.
On a motion by Mr.Younkins,seconded by Mrs.Daniels,the Commission voted to approve
the request for a variance under Section 107 of the Subdivision Ordinance to permit
creation of the additional lots.Mr.Wolford asked for clarification of the number of
lots Mr.Keller wishes to create.The variance would allow creation of 7 lots from the
existing 4 parcels,none of which front a public road.So ordered.
Mrs.John R.Horst:
Leo Horst appeared before the Commission to request a variance from the requirements
of the Subdivision Ordinance as pertains to the 300'distance between access points
on a Secondary road.The request is to be permitted to create a 1 acre building lot,
with the remaining acreage of 18.54 acres with the farmhous and existing access
possibly being conveyed to the Church of God.Because of sight distance,the County
Engineer has asked that the entrance to the proposed lot be moved closer to the
entrance of the parcel owned by Mr.Horst.It was pointed out that in the Transpor-
tation element of the Comprehensive Plan draft,it is proposed to downgrade Broadfording
Road from Secondary to Collecter,and that Mrs.Horst wishes to convey the remaining
lands to pay for construction of her home on the proposed 1 acre parcel.
On a motion by Mr.Wolford, seconded by Mr.Younkins,the Commission voted to grant the
variance as requested,under Section 107 of the Subdivision Ordinance.So ordered.
Ms.Sherry L.Glenn:
A request was heard from Ms.Glenn to grant a variance to permit creation of two 3
acre lots from an original 12 acre tract,zoned "C",which do not front a public
road,intended for conveyance to members of her immediate family.Access is proposed
via a 25'fee simple right of way from Mills Road across the fronting 6 acre parcel
to be retained by Ms.Glenn,thence across the proposed 3 acre parcel to also serve
the second 3 acre parcel.
The Commission voted,on a motion by Mr.Herbst,seconded by Mr.Wolford,to grant the
variance as requested under Section 107 of the Subdivision Ordinance.So ordered.
Mr.and Mrs.William Snook:
Hr.Ed Renn,Fe llows,Read and Weier,appeared on behalf of Mr.and Mrs.William Snook
to request a variance from the requirements of Section 40S.12.F.of the Subdivision
Ordinance as pertains to municipal boundary lines.
C1:
C"':'IN
&:x:l
tJ..::
I:;.:J
Requests for Variances Under Section 107:
Mr.and Mrs.William Snook,cont'd:
Staff review pointed out that the proposed two lot subdivision,situated in the Halfway
area along Sherman Avenue has been zoned RU,and is to have two duplex dwellings served
by a dual access driveway,with on-site parking area.The City/County boundary line
traverses through the lot of record with a portion of one of the lots to be subdivided
lying within the City boundary and the larger portion lying within the County.It is
proposed to position the boundary in the center of the driveway leading to the parking
area.
The Commission discussed Ordinance requirements relative to policy for municipal boun-
dary lines as pertains to services which would be provided.Mr.Witherspoon stated
that he had contacted both the Assessments Department and Fire and Rescue people in
this regard and was told that no problem was foreseen since these departments frequently
adapt to this situation in many instances.
On a motion by Mr.Wolford,seconded by Mr.Dwyer,the Commission voted to grant the
variance to the requirements of the Subdivision Ordinance under Section 107,to permit
the proposed boundary for subdivision line,rather than the municipal boundary line,
as requested by Mr.and Mrs.Snook.So ordered.
Mr.Donald Misal:
It was pointed out by the staff,that during the visit to the Keller property last week,
the Commission passed over the right-of-way that traverses Mr.Misal's property.
The request by Mr.Misal was to allow a variance to subdivide two 7-acre parcels with
existing dwellings which would be served by a private right-of-way from Md.Route 491
for conceyance to immediate family.
On a motion by Mrs.Daniels,seconded by Mr.Herbst,the Commission voted to grant the
variance under Section 107 of the Subdivision Ordinance,as requested.So ordered.
John R.Oliver and Arthur Hicks:
Mr.Hicks and a representative from the John R.Oliver Company,appeared before the
Commission with a request to sell three lots and to retain the remaining 9 acres
under a financial agreement with the Oliver Company,the present owner of the property.
Access is proposed to be provided to the lots from Conococheague School Road,and also
access to the remaining lands which is to be retained by Mr.Hicks.A letter was
read from the County Engineer in which he pointed out that while the road is maintained
by the County,it is not firmly a County road and asked that the total access granted
be specifically limited to 4.No other reference was made to other restrictions as
pertains to improvement of the road.
TI,e Commission voted,on a motion by Mr.Herbst and seconded by Mr.Wolford to grant
approval of the request as proposed.Motion carried with Mrs.Daniels voting "No".
Dr.Gerald J.Schipper:Preliminary Concept Plan:
The staff reviewed the proposed subdivision of 51 lots situated off Route 66 between
Benevola Church Road and Route 40.Under the requirements of the Subdivision Ordinance,
cul-de-sacs are to be limited to 600'in length based upon fire emergency equipment
requirements to reach an intersecting road.As an alternative,the developer proposes
to provide emergency access to the subdivision via a deeded 20'right of way,and
requested a variance to the requirements of the ordinance as pertains to the length
of the cul-de-sac.It was pointed out that a preliminary consultation has been held
with representatives of the State Fire Marshal's office,and Fire and Rescue Communica-
tions,in addition to other approving agencies and their concerns were based upon the
provision and maintenance of adequate emergency vehicle access.
On a motion by Mr.Herbst,seconded by Mr.Wolford,the Commission voted that upon
satisfying the requirements of the Fire Marshal and Fire and Rescue Communications
as pertains to emergency vehicle access,the Planning Commission's requirements
for plat approval,and all other approving agency regulations,the Commission will
waive the requirements of the Subdivision Ordinance as pertains to the 600'limit
for the length of cul-de-sacs.Motion carried with Mr,Dwyer abstaining.So ordered.
A five minute recess was called after which the Chairman reconvened the meeting at 8:40
P.M.
Subdivision Plats:
Griffith W.Garwood -Preliminary Plat:
Noting that all agencies have granted approval to the proposed subdivision of 4 lots
off Mondale Road,the Commission voted to grant Preliminary Approval to the plat file
on a motion by Mr.Younkins and seconded by Mr.Wolford.So ordered.
McMullan-Graves,Sections 3 and 6 -Preliminary Plat:
Mr.McMullan and his representative,Mr.Russell Townsley,Fox and Associates,appeared
before the Commission requesting Preliminary Approval of 2 lots in Phase 3 and the entire
Phase 6 section of the McMullan Graves-Farm subdivision.as shown on the original concept
plan.All agencies have granted approval to the Preliminary plat with the exception of
the County Engineer,who has expressed concerns as to the adequacy of Independence Road
to serve any additional development in the area,as well as emergency vehicle access and
in order to approve further development,it would be necessary to upgrade the road.
The Chairman advised Mr.McMullan,with the concensus of the Commission,to meet with
the County Engineer in an effort to resolve the concerns expressed relative to the
inadequacy of Indep~ndence Road to serve additional traffic volumes,and to withdraw
the request for preliminary consideration at the present time.Mr.McMullan withdrew
the request.No action required.
Lakeside Park-Site Plan:
Senior Planner Jim Witherspoon submitted and discussed a report dated July 30,1979
and recommending consideration by the Commission of several points which the staff feels
to be applicable to Section 2,Part A of the Lakeside Park development prior to site
plan approval.The site is affected by the 100 Year Flood Plain,the limits of which
must be shown to comply with Section 22.4 of the Zoning Ordinance.An exception by
the Board of Appeals is pending to allow fill-in of the flood plain.
Matters relevant to the entire development of Section 2 were discussed,including
setting aside of recreational and open space areas and preservation of mature trees,
sinkholes in the area,spacing of mobile homes,net acreage,a second access from
Stottler Road,and reservation of a school bus/transportation waiting area on the un-
developed area of the tract to Board of Education Standards.
Following discussion of the staff report and concerns expressed by the Commission,par-
ticularly as pertains to the school bus waiting area,the Commission,on a motion by
Mr.Dwyer,seconded by Mr.Wolford,voted to grant approval to the site plan with the
stipUlation that the points raised by the staff memorandum of July 30,1979,be in-
cluded in the plat file in the form of a letter prepared by the staff,so that,in
future development all the points which have been raised by the staff will be addressed
and disposed of.And further,that the Board of Education and the developer reach an
agreement as pertains to the type and location of a school bus waiting area to serve
the entire development pri'or to approval of the Section 2,Part A site plan.
It is also understood that the staff will have authority to approve the site plan based
upon negotiations and agreements to satisfy the issues that have been raised.The
motion carried,with Mrs.Daniels voting "No".
Geohydrological Study:
Correspondence from Barry A.Teach to the oonsultant for the Study,Richard E.Wright,
and from Martin L.Snook,delegating responsibility for the County's geohydrologic
study to the Coordinating Committee were brought to the attention of the Commission.
Mr.Hawbaker pointed out that it was the position of the Coordinating Committee that
checkpoint meetings with the consultant and the overview of the study were the respon-
sibility of the Coordinating Committee.
Following discussion as pertains to the role of the Planning Commission in the overview
of the study in relation to the responsibility arid involvement of the Task Force which
has taken place in the past,it was suggested that a Planning Commission staff person
might be assigned as contact person between the consultant and a small task force
drawn from the original task force membership which would be appointed to review pro-
gress and provide input as requested.Subsequently,a list of names was suggested to
fulfill this purpose:Douglas Valentine,SCS;Maury Werth,representing realtors;
Walter Bailey representing the Homebuilder's Association;James Rooney,representative
of the Health Department;and Linda Daniels of the Planning Commission.
(Je,
er::
C\)
00r;.u
""
Geohydrological Study,Contd:
After further discussion of delegation of overview responsibilities through par-
ticipation of the task force and Commission staff,a motion was made by Mr.Herbst,
seconded by Mr.Wolford,to support the list of names as submitted to be incorporated
into the study review to work with the designated planning staff member in providing
input and expertise as requested by the Coordinating Committee.So ordered.
Comprehensive Plan:
The Commission concurred with the Staff's proposed schedule of public meetings for
presentation of the plan in the various areas of the County and the summary brochure
and poster which have been prepared for distribution to the public.
Request for Extension of Time:
On a motion by Mr.Wolford and seconded by Mr.Dwyer,the Commission voted to grant
a 6 month extension of time to Lot I,Maxine Unger,expiration of which shall be
February 21,1980 and to Spring Valley,Section H,to expire February 9,1980.So
ordered.
ADJOURNMENT:
The meeting was adjourned at 11:10 P.M.
~h,/(J,~
'--'I,
d
A Special Meeting of the Washington County Planning Commission ,;as held on Monday,
August 13,1979 at 7:00 P.M.in the second floor conference room of the County
Office Building.
Present were:Chairman Terrance W.Bache,Vice-Chairman John C.Herbst,Linda H.
Daniels,Charles F.Wagaman,Jr.,and Fred H.Younkins.
Staff:Executive Director Jack S.Hawbaker,Senior Planner James B.Witherspoon,
Associate Planner James P.Brittain,'Catherine Thompson,Assistant Planner and Marion
Snyder,Secretary.
The meeting was called to order at 7:15 P.M.
Due to the Labor Day holiday,the next regular meeting was scheduled for Tuesday,
September 4.
COMMUNICATIONS:
Letter from M.K.Hoover:
A letter from M.K.Hoover relating to objections to the proposed McMullan-Graves
development on behalf of the Isaac Walton League ,;as brought to the attention of the
Commission.The Executive Director stated that the correspondence has been made a
part of the plat file record.
Letter from Secretary Lieder:
For the information of the Commission,the Executive Director brought to their atten-
tion,a letter from Secretary of State Planning Constanceilleder in regard to availability
of·701 funds in Maryland's Comprehensive Planning ProgrruOl,along with applications and
guidelines procedures.
Letter from Catherine Thompson:
A letter was noted for the record from Catherine Thompson,notifying the Commission of
her resignation from the Advisory Board to accept a position with the Planning Commission.
Letter from Charles W.Fisher:
A letter to Mr.Hawbaker from Mr.Charles W.Fisher was acknowledged in which he
expressed appreciation for Mr.Ha,;baker's response to an article published in Gruber's
Almanack as pertains to developnent and agricultural land and stating that Mr.Haw-
baker's letter will be included in the 1980 July issue of the publication.'
Letter from Max Eisenberg:
,i
For the information of the Commission a letter from Max Eisenberg,relative to comments
on the Comprehensive Plan in regard to population figures,,;as brought to their attention.
Letter from Dottie Shinham:
A letter from Dottie Shinham to the Planning Commission was acknowledged in which she
thanked the Commission for their support and assistance as pertains to reclassification.
Letter from Barry Teach and Letter from Commissioner Snook:
The Executive Director brought to the attention of the Commission the above referenced
correspondence relative to the Geohydrological Study and the Board's action in the
dissolution of the Geohydrological Study Task Force.It was pointed out that the Com-
mission needs to determine what the role of the Task Force should be as pertains to
their input to the study in an advisory capacity.It was suggested that since the Count)
Commissioners have mandated that responsibility for the study is to lie with the
Coordinating Committee,the Task Force should be represented by an advisory body of
some type to the Planning Commission.
The Commission,after some discussion,directed that the Executive Director invite the
consultant to meet with the Coordinating Committee,representatives of the Planning
Commission and Resource Committee,Mr.Frush,as Chairman of the original Task Force,,;ith
such meeting to be chaired by Mr.Teach,and make a recommendation as to what the role
of the Task Force,now designated as the Resource Committee,should be based upon the
discussion at that time.
0:
C":
C".J
C;C;
tL:
~
Water and Sewer Plan-FY'79 and FY'80:
Senior Planner Jim Witherspoon reported that the update of the Water and Sewer Plan
is in the data collection stage and that in November,it is expected that the staff
would be meeting with municipalities and consultants to look at what areas are to be
served consistent with the 201 Facilities Plan,It is anticipated that a draft of
the update will be ready for review by early next year,
Subdivision Ordinance Revision:
The Commission discussed proposed minimum standards for improvement of existing sub-
standard roads to allow for development in order to account for those situations where
a road would need to be upgraded to satisfy requirements of the County Engineer and
the Planning Commission,Options that the developer might have in participation of
the cost of such road improvements were also discussed.It was suggested that the
County Administrator be contacted in regard to ascertaining that any change contemplated
would be equitable to the Board of County Commissioners.
After further discussion relative to participation of the property owner in the road
improvement system as pertains to a cash contribution on a cost sharing basis,and
discussion of alternative proposals that would be acceptable to the County Engineer,
the Planning Commission and to the County Commissioners to allow for a wider range of
options,the Commission agreed that the proposed Subdivision Ordinance amendments
should be distributed for review and comment without the highway proposals which will
be held until later as an adjunct to the Plan in the Transportation Element.
Rezoning Case No.RZ-199:
R~-199 relative to a proposed change in impervious surface areas from 35%to 45%
was held over from the·July meeting.For the record,the Executive Director stated
that there were no comments either for or against the proposal at the public hearing,
and that no negative comments have been received as a result of it twice being dis-
tributed to developers and engineers for their review.
On a motion by Mrs.Daniels,and seconded by Mr,Herbst,the Commission ~oted to
forward RZ-199 to the Board of County Commissioners for their review and necessary
action with a recommendation that it be adopted.So ordered.Again,for the record,
the Chairman reiterated that there was no testimony of any kind other than the staff
report given at the public hearing.So ordered.
Solid Waste Plan:
The Executive Director reported that the draft of the FY'79 update of the Solid Waste
Plan is being reviewed at staff level and the staff is waiting for input from the
Department of Water Pollution Control after which it will be brought to the Commission
for their review prior to forwarding it to the County Commissioners.
Comprehensive Plan Status:
The Executive Director reported that the staff has gone out to 24 groups and organi-
zations to date to make presentations on the draft Comprehensive Plan and will be
giong to the Farm Bureau on August 16.No other presentations have been scheduled
at the ·present time.Also discussed was the Plan presentation brochure and schedule
for presentations to take place ,in various areas of the County which has been prepared
by Jim Witherspoon for distribution to all libraries,branch post offices and municipal
buildings.
RCM Status:
The Executive Director reported that he has been appointed contact person for the Resource
Conservation Recovery Act for the County which has to do with solid waste management
in the conversion of waste to energy resources.
Jim Witherspoon reported that a seminar was to be held in Annapolis relative to the proposal
to convert solid waste to energy sources.It is hoped that there will be a conversion
of the program into the solid waste management plan in the future.
Agricultural Advisory Board:
Catherine Thompson reported on the status of the Agricultural Advisory Board.Five members
have been appointed.The group is chaired by Leonard Lowry and discussion by the group
has been mainly concerned with establishmen·c of criteria for the buying of agricultural
easements and estabilshing Agricultural Districts.The group hopes to present a pro-
posal to the County Commissioners by the end of October,with the cooperation of the
Soil Conservation District and the Extension Office.Jim Witherspoon stated that it
would be desirable to have the Agricultural Advisory Board involved with the Compre-
hensive Plan review process in an effort to determine how the Plan relates to the
Agricultural Land Preservation Program.
Rezoning Cases:
The Executive Director briefly reviewed the three text amendments to the Zoning
Ordinance which have been proposed by the staff and are to be heard at public hearing
on September 10.
They are:Harry Keller,from P to C to correct a mapping error;Section 7.5 and 28.7
proposes a revision to the Residential Districts relative to lot frontage on corner
lots;and 19.7 which proposes to establish setback lines in the HI District.
The Commission directed that the Executive Director proceed with preparation for
advertising the three cases for public hearing as proposed by the staff.
Updated Work Program and Job Assignments:
A proposed work program and job assignments to show restructure of assignments within
the staff organization was distributed for the information of the Commission.
ADJOURNMENT:
The meeting of August 13,1979 was adjourned at 9:25 P.M.
//
,/,7
-?~~
~uub~
~errance W.Bache,Chairman
,
0'":
~
C'J
CO
W
t.:l
The regular meeting of the Washington County Planning Commission was held on Tuesdax,
September 4,1979 at 7:00 P.M.in the second floor conference room of the County
Office Building.
Present were:Chairman Terrance W.Bache,Thomas W.Dwyer,and Fred Younkins.Staff:
Executive Director Jack S.Hawbaker,Senior Planner James B.Witherspoon,Associate
Planner James P.Brittain,Assistant Planner Catherine T.Thompson,and Marion Snyder,
Secretary.Not present:John C.Herbst,Linda H.Daniels,Charles F.Wagaman and
William E.Wolford.
The meeting was called to order at 7:15 P.M.
The Chairman stated that the normal procedure was to consider first those persons who
were in attendance with requests to be heard by the Commission,but since a quorum was
required to take official action,other items of business would be considered pending
the arrival of a fourth member to establish a quorum.
UNFINISHED BUSINESS:
Geohydrological Study:
The Executive Director,reporting on the status of the Geohydrologic Study,stated that
the task of interfacing and coordinating the Study itself appears to be much simpler
than first anticipated.The consultant,R.E.Wright,has begun work and Phase I
is expected to be completed around the first of the year.His report will be to the
Coordinating Committee during the milestone meetings,two of which are scheduled for
September on the 7th and 14th.At that time a determination will be made as to the
best method of setting up the prototype areas where testing will be done.The resources
committee will be invited to take part in the process by interfacing with the Coordinating
Committee at such time ·that their help is required.
Solid Waste Plan for FY'79:
The Executive Director said that it was his intent to bring the FY'79 Solid Waste Plan
before the Commission the first of October which would be the regular meeting for that
month.At that time it will be in draft form,containing those elements that were expressed
in a letter from the Environmental Health Administration asking that these items be
included in the update.Input from the City of Hagerstown Water Pollution Control
Department is .needed to complete the draft.
Agricultural Land Preservation:
Catherine Thompson,reporting on the status of the Agricultural Land Preservation Program,
stated that the Advisory Group has been meeting every few weeks in an effort to set
forth criteria for agricultural district establishment,and distributed copies of a
sample application for the information and approval of the Commission.The Commission
discussed the Agricultural Land Preservation Act as it relates to the policies for
Growth Areas in the draft Comprehensive Plan.It was pointed out that a policy needs
to be set in regard to land values for easement purchase,since there would be a con-
siderable difference paid for land designated as developable as compared with agriculturally
designated lands.It was suggested that the Comprehensive Plan concept be explained to
the State and a policy for establishing easements in this regard be requested.The
Chairman expressed concern that the Agricultural Land Preservation Program criteria and
policies of the draft "Comprehensive Plan should be mutually supportive and not conflict
with policies for Growth Areas in the Plan and establishment of Agricultural Districts
guidelines of the Land Preservation Act.It was the concensus of the Commission that
further consideration would be given to this matter upon receipt of a reply from the
State Land Preservation Foundation as pertains to their policy for establishment of
Agricultural Districts in growth areas.
Rezoning Cases for September 10:
Senior Planner Jim Witherspoon passed out a revised map which replaced the one formerly
sent with RZ-200,which was incorrect.A brief explanation was given pertaining to the
boundary lines of the parcel for which application for rezoning is being requested and is
scheduled to be heard by the Commission at public hearing on September 10,
It was suggested that further research of the deed records would be needed to clarify the
property transactions for Parcels 38 and 275 which are presently recorded under one deed.
At this point,the Chairman called a brief recess pending arrival of Mr.Herbst,who
had been contacted.
The meeting was reconvened at 8 :45 P.M.upon 1·lr.Herbst's arrival.
NEW BUSINESS:
Access on Primary Road-Alexis Gagarine:
Mr.Alexis Gagarine appeared before the Commission to request that he be permitted to
open an access which had been barricaded pursuant to correspondence from the Executive
Director,dated July 20,1978,which informed the owner that the allowable access points
under the provisions of the Subdivision Ordinance had been utilized by the conveyance
of a 7.8 acre parcel which was conveyed via the simplified plat process.As a result
of this conveyance,the access on the north boundary of the 35 acre property line was
not in keeping with the Highway Plan,and therefore,he was asked to close it.Mr.
Gagarine contended that since the land is used for cultivation and sale of Christmas
trees,an agricultural access should be permitted to allow for circulation of traffic
during seasonal sales.He stated that no further subdivision of the remaining lands
was anticipated.The Commission informed Mr.Gagarine that if the request was for
the purpose of providing access to the existing dwelling on the property,the 500'
distance requirement would have to be taken into consideration.Mr.Gagarine said that
he was willing to use the access formerly permitted on the 35 acre tract as access to
the residence at the north end of the property and to use the access now closed on a
seasonal basis only.He also pointed out that the SHA had granted a permit for that access.
On a motion by Mr.Herbst,seconded by Mr.Younkins,the Commission approved the
request under Section 107 of the Subdivision Ordinance with .the stipulation that said
access is to be used basically as an agricultural access in conjunction with the
operation of the tree farm.Motion carried with Mr.D\<yer voting "No".
McMullan-Graves Farm,5-79-2,Preliminary:
A letter was read from Mr.Russell Townsley,Fox and Associates,Inc.,dated August 30,
1979 in which it was requested that subdivision applications for the McMullan-Graves
Farm,Files No.S-79-2 and S-79-3,be placed on the Commission agenda for consideration
of Preliminary Approval of both sections without conditions being imposed in regard to
improvements for Independence Road as referenced in a letter from the County Engineer
dated January 11,1979.In previous action by the Commission and following a field
review of the proposed subdivision,the Commission had asked the developer to meet
with the County Engineer in an effort to resolve the situation to satisfy the concerns
expressed by Mr.Dull relative to the adequacy of Independence Road.In a letter from
Mr.Dull dated September 4,1979,he informed the Planning Commission that he had met
with Mr.McMullan,and as a result of that meeting had been asked to approve an ad-
ditional 9 or 10 lots of the original concept plan without improvements being made to
Independence Road,since he was unwilling to bear the cost of improving the road.This
request was refused and Mr.Dull referred the developer to the Planning Commission and/or
the County Commissioners to appeal this decision.
Following lenghty discussion of all the facts in the case,the Commission voted,on
a motion by Mr.Herbst,seconded by Mr.Dwyer,to disapprove the request for Pre-
liminary Approval of the McMullan-Graves Subdivision as it now stands as a concept
plan in deference to Article III,Section 303.2 of the Washington County Subdivision
Ordinance,based upon the recommendations of the County Engineer and the CO~11ission's
site visit.So ordered.(S-79-2)
Mr.McMullan was informed that his appeal of this decision would be to the Board of
County Commissioners.The Commission also asked that the County Commissioners be in-
formed that the disapproval was in consideration of the concept plan as it now stands
and that if the lots other than as shown in green on the concept plan would be removed,
the Commission could then give further consideration to the application.
On a motion by Mr.Herbst,seconded by Mr.Dwyer,the Commission voted to disapprove
Section 6 (S-79-3)of the McMullan-Graves subdivision application in deference to the
same action as above.So ordered.
ADJOURNMENT:
The meeting was adjourned at 10:10 P.M.
1'1.Bache,Chairman
~Yt!.~
(S:
C":
C\!
c:c
~
<:..:;l
The Regular Meeting of the Washington County Planning Commi.ssion was held on
Monday,October 1,1979 at 7:00 P,14,in the second floor conference room of
the County Office Building.
Present were:Chairman Terrance W.Bache;Vice Chairman John C.Herbst;Charles
F.Wagaman,Jr.;William E.Wolford,Jr.;and Fred F.Younkins.Staff:Senior
Planner James B.Witherspoon,Associate Planner James P.Brittain,Assistant
Planner Catherine T.Thompson and Marion L.Snyder,Secretary.
The meeting was called to order at 7:00 P.M.
Requests for Variances Under Section 107:
Howard Meyers:
Mr.Meyers appeared before the Commission requesting a variance to allow use of an
existing private driveway across an adjacent property to serve a lot not fronting a
public road which is to be acquired from his mother.
On a motion by Mr.Wagaman,seconded by Mr.Wolford,the Commission voted to grant
the variance as requested under Section 107 of the Subdivision Ordinance to allow
the use of the private road,noting that the agreement between the property owners
as pertains to the road should be written into the deed of conveyance.So ordered.
Norman Halteman:
Mr.Halteman appeared before the Commission requesting a variance to the 300'
distance requirements to permit conveyance of a parcel of land with existing
structures to his son.Lots shown as A and B on the plat were subdivided in May,
1976,utilizing allowable access.It is proposed to serve the parcel via a 60'
private roadway from Route 40.
On a motion by Mr,Wagaman,seconded by Mr.Wolford,the Commission voted to grant
the variance under Section 107 of the Subdivision Ordinance to permit the conveyance
of a single family residence to be served over the proposed route.So ordered.
Jeffery Pearlman:
Mr.Pearlman appeared before the Commission requesting a variance from the require-
ments of Article 4,Section 405,12.B to allow an easement over .the remaining
acreage in order to release the parcel in question for mortgage purposes.No
conveyance of the parcel is proposed,
On a motion by Mr.Wolford, seconded by Mr.Younkins,the Commission voted that
the request for a 25'easement for mortgage purposes be granted under the provisions
of Section 107 of the Subdivision Ordinance,Motion carried.
Leary-Laupert:
Mr.Kazmirowicz,Oliver Cump and Associates,appeared before the Commission on
behalf of Leary-Laupert to request a variance as.pertains to the dedication of
right of way requirement to allow realignment of property lines.
On a motion by Mr.Wagaman,
the 75'dedication of right
Ordinance.Motion carried.
Stanley Smith:
seconded by Mr.Younkins,the Commission voted to waive
of way requirement under Section 107 of the Subdivision
Mr.Herbst abstained.
On a motion by Mr.Wolford, seconded by Mr.Herbst,the Commission voted to grant
the request from Stanley Smith for a waiver of the dedication of right of way re-
quirement under Section 107 of the Subdivision Ordinance since compliance would
encompass the existing house.So ordered,
Timothy O'Brien:
A request was heard from Mr.O'Brien to
to convey a 4 acre parcel to his sister
poses to retain the remaining 8 acres.
way across his father's property which
permit subdivision of a 12 acre parcel
which does not abut a public road.He pro-
Access would be provided via a right of
abuts Wolfesville Road.
On a motion by Mr.Herbst,seconded by Mr.Wolford,the Commission voted to grant
the request for a variance under Section 107 of the Subdivision Ordinance.Motion
carried with Mr.Wagaman abstaining.
Subdivision Plats:
Charlton Acres,Lots 7 &8:
On a motion by Mr.Wagaman,seconded by Mr.Herbst,the Commission directed that
a letter be prepared through the staff for the Chairman's signature to the Water
Resources Administration asking for details,should the wells be disapproved,as to
why they will not be approved,and also directing the matter to the attention of
the County Commissioners,expressing the Commission's concerns in regard to this
delay.The Commission also directed that the staff proceed with Administrative
approval of the lots,should a satisfactory reply from Water Resources Administration
be received,keeping the Commission informed of progress on a bi-weekly basis.So
ordered.
The Commission asked that a copy of the letter £reom Mr.Wheeler,Department of Water
Resources,to JamesSho~t in reference to agreement of approval of the test wells
by the Washington County Health Department,be obtained and made a part of the plat
file record.
MINUTES:
On a motion by Mr.Wolford,seconded by Mr.Dwyer,the Commission ~oted to defer
the minutes of the meeting of September 4,1979 until a later date.So ordered.
COMMUNICATIONS:
A letter from Chairman Terrance W.Bache to Samuel Linton,Chairman of the Maryland
Agricultural Land Preservation Foundation,in regard to the State's position as
pertains to the relationship between the proposed County policy and the assessed
development potential of agricultural land,was distributed for the information of
the Commission.
UNFINISHED BUSINESS:
Solid Waste Plan Draft:
Motion by Mr.Wagaman,seconded by Mr.Wolford,to forward the draft to the County ,
Commissioners,making them aware that the draft was prepared in answer to a series
of questions from E.P.A.in regard to the status of the study.So ordered.
Geohydrological Study:
It was reported that the Coordinating Committee has had its first meeting with
consultant Richard E.Wright and have made the recommendation that the Planning
staff attend these checkp@int meetings with the consultant.The next meeting
will be Friday at 10:30 A.M.at which time Mr.Wright will present his selection
of prototype areas to be studied.
Rezoning Cases:
RZ-201:For the record,those in attendance at the public hearing were:Terrance
Bache,Chairman,John C.Herbst,William E.Wolford,and Fred H.Younkins.
On a motion by Mr.Herbst,seconded by Mr.Wolford,the Commission voted to forward
a recommendation to the Board of County Commissioners that the application for
map amendment by the Fraternal Order of Eagles,Inc.,be denied,based upon the
staff findings that there has not been a substantial change in the character of
the neighborhood or that there wasnomistake in the original zoning.So ordered.
RZ-202:On a motion by Mr.Wagamarl,seconded by Mr.Herbst,the Commission voted
to acknowledge that the application by Advertising Inc.had been withdrawn with no
opinion or discussion taking place.So ordered.
RZ-203:Text Amendment,Sections 7.5 and 28.37.On a motion by Mr.Herbst,seconded
by Mr.Wagaman,the Commission voted to forward a recommendation of approval to the
Board of County Commissioners.So ordered.
RZ-204:Text Amendment,Section 19.7:On a motion by ~lr.Wagaman,seconded by
Mr.Dwyer,the Commission voted to forward to the the amendment to the Board of
County Commissioners with a recommendation of approval.So ordered.
Rezoning Cases:
RZ-205:Harry S.Keller:On a motion by Mr.Wolford,seconded by Mr.Younkins,the
Commission voted to forward a recommendation of approval of the rezoning classifica-
tion from "P"to "C",based upon the staff findings that there was a mistake in the
original zoning.So ordered.Mr.Wagaman abstained.
RZ-200:Following a review of staff comments which were submitted by the applicant
fOllowing the public hearing,the Commission voted,on a motion by Mr.Herbst,
seconded by Mr.Wagaman,that the request for a change in the classification of the
property owned by Diversified Properties,Inc.from "C"to "A"be denied,based upon
the staff findings that there was no mistake in the original zoning or change in the
character of the neighborhood,and that the original Conse~vation zoning was'appro-
priate because of the physical characteristics of the area (following the wooded line).
For the record,Mr.Wagaman has read the entire transcript of the September 10,1979
public hearing.Motion carried to forward the above recommendation to the County
Commissioners for their consideration.
Subdivision Ordinance:
The proposed a~endments to the Subdivision Ordinance are still under review.The
staff is waiting to receive comments from the various engineers,builders,
cr.developers,and agencies to whom the revisions have been sent for review.It
~.is expected that an analysis of comments received will be made at the next regular
CJ meeting.
Q:l
~
~Administrative Approval of Plats:
It was brought to the attention of the Commission that due to the number of plats
with requests for variances in regard to the dedication of right-of-way clause
that the staff is requesting direction on possibly handling these administratively.
On a motion by Mr.Wolford, seconded by Mr.Wagaman,the Commission voted to grant
staff authority to administratively approve simplified plats not intended for de-
velopment,where County Engineering Or SHA requirements are satisfied with the acquired
deeded right-of-way.So ordered.'
On a motion by Mr.Wagaman,seconded by Mr.Wolford,the Commission staff was directed
to prepare a policy statement for the Chairman's signature in regard to administrative
processing and approval of development plats where a variance is required because an
existing structure is within the right-of-way which is to be dedicated to the County
as provided for in the Subdivision Ordinance.So ordered.
Eastern Boulevard:
The State Highway Administration has established a project planning team who have
presented a planning process and time schedule to the elected officials for the
Eastern Boulevard project.There will be a public information workshop on October
30 at 7:30 to be held at Potomac Heights Elementary School.It is expected that
the project planning phase will end with a decision to build or not to btiild
the project.If the decision is to proceed with building,it is expected to have
alternative alignments established within 2 years.
Sewer Use Ordinance:
It was reported that a draft sewer use ordinance as mandated by the E.P.A.has
been sent to the staff for their review and comment.Mr.Wagaman pointed out that
the document would have to be renamed because the elected officials cannot adopt
an ordinance as such.
Agricultural Land Preservation Advisory Board:
In response to a request for a joint meeting of the Planning Commission with the
Agricultural Land Preservation Advis0ry Board to discuss the Agricultural Land
Preservation Act as it would pertain to policies in the draft Comprehensive Plan,
it was the concensus of the Commission that such a discussion should more properly
take place following conclusion of public meetings,\and an answer has been re-
ceived from the State concerning the inquiry by the Chairman relative to de'Jel0pmental
value placed on land as determined by the Agricultural Land Preservation Founc:ation.
4~
£1
'<.,..
-
Used Oil Recovery Program:
A copy of a local newspaper article in regard to the assignment of Tom Young to
the Planning Office on internship to pro-.rid"themecessary coordination with
station owners who have agreed to participate in the Used Oil Recycling Programwasdistributed,
Brightwood Acres Subdivision:
The staff,reporting on the status of the Brightwood Acres Subdivision,stated that
it is still being carried in the file and is no closer to being approved for connec-
tion to the holding tanks.
Advisory Board to the Planning Commission:
It was brought to the attention of the Commission that the Advisory Board is requesting
that two new appointments be made to the Board to replace inactive members.
It was agreed by the Commission that recommendations for appointment will be con-
sidered at the next meeting from a list of names submitted by the Commission members.
.-\:t'A c:".J-ll:i:orence:
A meeting of the Ameri~an'Association of Planning is scheduled for October 13 through
l7,at Hunt Valley Inn.All interested members were invited to attend.
For the information of the Commission,a letter from the Maryland Forestry Service
.in regard to the problem of our disappearing forests was brought to their attention.
A workshop on this subject will be held at the Jr.College at 7:00 P.M.on October 4.
Letter from Cooperative Extension Service~
Mr.Herbst expressed concerns in regard to comments received from the Cooperative
Extension Service as requested by the Farm Bureau,in regard to the Comprehensive
Plan draft policies for establishing criteria for development in agricultural areas.
Following discussion of formula for development in agricultural areas,as outlined
in Chapter III,the Commission agreed that the wording was ambiguous as stated and
would have to be revised.It was agreed that the draft plan should continue to be
presented as it now is worded,and at the same time recognizing that the formula
needs to be reworded to clarify the intent of the Commission ,in this regard following
the public meeting phase.
The regular meeting of the Planning Commission was adjourned at 10:15 P.M.
~0-','-"!fl /J fl~~,..~._.'.<L5~
Cf~
~
C\1
o::l
~
It..';l
The regular meeting of the Washington County Planning Commission was held on Monday,
November 5,1979 at 7;00 P,M.in the second floor conference room of the County
Office Building.
Present were:Chairman Terrance W.Bache;Linda H.Daniels;Thomas W.Dwyer,arrIvIng
at 8:15;Charles F.Wagaman;William E.Wolford,arriving at 8:30;and Fred H.Younkins.
Staff:Executive Director Jack S.Hawbaker;Senior Planner James B.Witherspoon;
Associate Planner James P.Brittain;Assistant Planner Catherine T.Thompson and
Marion Snyder,Secretary.
The meeting was called to order at 7:10 P.M.
On a motion by Mrs.Daniels,seconded by Mr.Wagaman,the minutes of the regular meeting
of August 6,1979 were approved with the addition of Mr.Dwyer 1 s name to those present.
The minutes of the special meeting of August 13,1979 were approved as presented on
a motion by Mr.Wagaman,seconded by Mrs.Daniels.So ordered,
On a motion by Mr.Younkins,seconded by Mr.Wagaman,the minutes of the regular meeting
of September 4,1979 were approved as written.So ordered.
On a motion by Mrs.Daniels,seconded by Mr.Wagaman,the minutes of the meeting of
October 1,1979 were accepted as written.So ordered.
Addition to Agenda:
On a motion by Mr.Wagaman,seconded'by Mr.Younkins,the Commission voted to add to
the agenda for consideration,a subdivision of land for Robert T.Basseches who is
.requesting Preliminary Approval pending receipt of approval from the Water Resources
Administration.So ordered.
Spring Valley,Section H was added to the agenda for consideration on the basis of
Health Department approval being received this date and all other necessary approvals
having been granted.The request is for consideration of preliminary approval.
Motion by Mr.Wagaman,seconded by Mr.Younkins,So ordered.
Request for Variance:
Antietam Associates:
Tom Mauk,representing Fellows,Read and Weber appeared before the Commission requesting
a variance to subdivide an 8 acre parcel from an original 120 acre tract which does
not abut a public road.It is proposed to serve the parcel across an existing right of
way from Indian Lane via an adjacent property,It was noted that there is an existing
structure which is inventoried on the Historical Sites Survey and considered worthy
of restoration and preservation.
On a motion by Mr.Wagaman,seconded by Mrs.Daniels,the Commission voted to grant the
request as proposed with the priviso that further subdivision of the land must be
submitted to the Planning Commission because of the access problem.This action was
taken under the provisions of Section 107 of the Subdivision Ordinance because of no
public access available and the topography of the land.So ordered.
Subdivision Plat:
Antietam Manor,Sections 1 and 2 -Preliminary and Final Approval:
Following staff review which noted that all agency approvals have been received,and
discussion as pertains to notes on the plat in regard to responsibility of the developer
for all areas that are not to be built upon and are to be used for storm water management
and possible emergency access to Bakersville Road,the Commission voted,on a motion by
Mr.Wagaman and seconded by Mr.Younkins,to grant Preliminary Approval.So ordered.
On a motion by Mr.Wagaman and seconded by Mr.Younkins,the Commission voted to grant
Final Approval to the plat file as submitted to the Commission.So ordered.
Robert T.Basseches-Preliminary Approval:
On a motion by Mr.Wagaman,seconded by Mr.Younkins,the Commission voted to grant
approval to the 4 lots for Robert Basseches as requested,based upon receipt of the
letter of approval from the Water Resources Administration.So ordered.
On a motion by Mr.Wagaman,seconded by Mr.Younkins,the Commission voted to grant
the staff the authority to grant Final Approval to the plat file when the letter of
approval has been received from WRA provided there are no changes to the plat that
received Preliminary Approval,So ordered.
Spring Valley,Section H -For Preliminary Approval:
The staff review of the 7 lot subdivision for which Preliminary Approval is being
requested,noted that the State Health Department is required to issue a permit for
extension of public facilities which has not been received,Also,it was pointed out
that an area on the plat has not been approved for development on the basis that it
~annot be approved by the Health Department for septic systems.
It was pointed out that the IO,OOO_square-foot reserve areas approved by the Health
Department do exceed the building line,and that a consistent set of rules should
apply in this regard to all development plats.
On a motion by Mr.Wagaman,seconded by Mr.Younkins,the Commission voted to grant
Preliminary Approval subject to receiveing approval from the State Health Department
for extension of the water line and that a note be placed on the plat stating in
effect that the residual land is not approved for development,So ordered.
On a motion by Mr.Wagaman,seconded by Mr.Younkins,the Commission voted to authorize
the staff to grant Final Approval to the plat file at such time the above requirements
have been satisfied.So ordered,
CO~IMUNICATIONS:
Letter from Barry A.Teach:
For the information of the Commission,a letter was read from Mr.Teach in regard to
the Board of County Commissioner's meeting with the County's General Assembly to dis-
cuss legislation to be considered in the next session of the legislature,and asking
for legislative suggestions to be forwarded for consideration of submission to the
Delegation.
Letter from Sharpsburg Planning Commission:
A letter was read from the Sharpsburg Planning Commission Chairman in regard to con-
cerns that the Commission has as pertains to a water run-off problem in the Confederate
Hills subdivision and adjoining property.
It was the concensus of the Commission that a letter be prepared by the staff for the
Chairman's signature to be forwarded to the County Commissioners inquiring as to the
status of the County's Storm Water Management Ordinance,the adoption of which would
alleviate such:pro~lems.
Letter from Donald E.Rough:
Correspondence between Jim Witherspoon and Donald E.Rough,General Manager of the
Federal Land Bank Association,was brought to the attention of the Commission in regard
to information requested pertaining to the effect of zoning restrictions on lending
practices for agricultural loans for the development of farm land and for farming
purposes.
Letter from Department of State Planning:
For the information of the Commission,a letter from Richard Gucker,Department of
State Planning and the accompanying review of the State's preliminary and informal
opinion of the draft Comprehensive Plan,was discussed.These comments will be taken
into consideration at such time that the Commission meets in workshop session to
consider all comments and recommendations as pertains to the draft Plan.
Letter from Agricultural Land Preservation Foundation:
A letter to the Commission Chairman from Alan R.Musselman,Director of the Maryland
Agricultural Land Preservation Foundation was distributed for the information of the
Commission.The letter responded to issues raised by the Planning Commission in
regard to Plan lilQliciestopreserve agricultural land and their compatibility with the
intent of the Agricultural Land Preservation Program.
0:
~
C\).c::o
~
ii:..:l
UNFINISHED BUSINESS:
Subdivision Ordinance Amendment:
The Executive Director reported that he had received all responses to the proposed
amendments to the Subdivision Ordinance which had been sent out for comment to the
various agencies and others.The comments and recommendations received will have to
be assimilated for consideration by the Commission at such time that the draft Com-
prehensive Plan has had final review.
Planning Advisory Board Matters:
Jim Witherspoon reported that Nancy Stiles has agreed to be interim Chairman of the
Advisory Board until their regular annual meeting in January at which time they will
be electing permanent officers to the Board.The Advisory Board has voted on the
activities in which they wanted to be involved and have selected the Transportation
Plan and expressed an interest in the alternative methods of financing new roads in
the New Community Area.The Commission was asked to propose new members to fill vacancies.
Tax Assessment:
Mr.Hawbaker explained that the letter from the State Department of Assessments and
Taxation which had been distributed to the Commission for information,had to do with
legislation in regard to collecting taxes on land which is no longer in agricultural
use.In regard to this,the Assessment office has requested that information be
supplied them on lands that have been rezoned from the agricultural classification to
some development classification,which the staff has agreed to do .
Maryland Association of Counties-Fall Workshop:
Mr.Hawbaker reported on the activities of the workshop held by the Maryland Association
of County Planning Officials and pointed out that subjects covered in these meetings
was found to be of great benefit to the staff in that contacts are established with
other counties who have experienced programs that are being newly initiated in Washing-
ton County,thus saving research time,particularly as pertains to the Agricultural
Land Preservation Program and information obtained relative to Department of dealth an~
Mental Hygiene in regard to home regUlations and conflict with zoning.
Harry Keller Plat -Clarification:
Mr.Hawbaker pointed out that a clarification of the motion in regard to the subdivision
plat for Harry Keller which was granted a variance by action taken on August 6,was
needed in order to specify the number of lots that were to be subdivided as a result
of the variance.The subdivision plat as submitted leaves a portion of a lot of record
which would result in an additional lot being created.
Following discussion as to the intent of the Commillssion in granting the variance to
permit subdivision of the lots,it was the concurrence of the Commission that on the
previous motion that granted the variance (August 6,1979)that the southern of the
original Lot 3 be added to the Michael Keller lot as shown on the original plat or be
added to original Lot 4 at Mr.Keller's option.Motion by Mr.Wagaman,seconded by
Mrs.Daniels.So ordered.
Agricultural Land Preservation Workshop:
Jim Witherspoon reporting on the Agricultural Land Study,stated that the purpose of
the study was to determine why land is going out of agriCUltural use and to receive
comments from persons in regard to proposals to alleviate the problems through State
and local governments.The report is expected to be completed in January of 1981,
which will be the results of workshops that are scheduled to be conducted,the first
of which in this area is scheduled for December 4th and 5th in Carlisle.
Health Services Agency:
It was reported that the Health Services Agency is an agency which is responsible for
health planning for the westernmost counties of the State.Advisory committees have
been established,one of which is the Planning and Development Advisory Committee on
which Jim Witherspoon will be serving on a monthly basis with the concurrence of the
Commission.
Water and Sewer Plan:
Jim Witherspoon stated that he would like to have a meeting scheduled to go over
with the Commission the basics of the Water and Sewer Planning process and how it
relates to the 201 Facilities Plan and the Water Quality Plan in general so that
when the Plan is considered by the Commission the process will be more familiar
so far as the text and map amendments are concerned and the funding process.
It was suggested that such a meeting would be very beneficial to the Board of County
Commissioners and that this briefing might be combined in a joint meeting.The
Commission agreed that the County Administrator be contacted relative to arranging
an appointment with the County Commissioners with this purpose in view.
Comprehensive Plan:
The Commission agreed to hold a public hearing on the draft Comprehensive Plan prior to
making any rewrite of the draft as it now stands,with a second public hearing to be
conducted prior to forwarding the draft to the County Commissioners.The public
hearing was scheduled to be held on Thursday,November 29 and advertised on November
13.A staff paper to summarize comments received on the draft Plan was distributed
and discussion followed relative to comments received by the Commission during the
Plan presentation process.
A first workshop meeting was scheduled for November 17 at 8:00 A.M.in order to
establish an agenda for the review process and to discuss points to be worked out in
detail prior to undertaking a rewrite of the draft following the public hearing and
before the Plan is forwarded to the County Commissioners.
ADJOURNMENT:
The meeting was adjourned at 9;35 P.M.
U/./:
errance W.Bache,Chairman
t
0'"
C"'::
C\J
(;0
l:JJ
t.:'J
The regular meeting of the Washington County Planning Commission was held on Monday,
December 3,1979 in the second floor conference room of the County Office Building.
Present were:Chairman Terrance W.Bache:Linda H.Daniels;Fred H.Younkins;and
Thomas W.Dwyer,arriving at 8:30 P.M.Staff:Executive Director Jack S.Hawbaker;
Senior Planner James B.Witherspoon;Associate Planner James P.Brittain;Assistant
Planner Catherine T.Thompson and Marion Snyder,Secretary.Not present:John C.
Herbst;William E.Wolford;and Charles F.Wagaman.
The meeting was called to order at 8:30 P.M.
Reguest for Variance:
A variance to the requirements of the 300'distance requirements as stated in the
County Highway Plan was requested by Mr.William Herbert to permit subdivision of
an existing parcel improved by his dwelling,plus two additional lots which are in-
tended for conveyance.It is proposed to serve the new lots with a dual access
driveway since the proposed lot 1 cannot meet the 300'minimum distance requirement.
On a motion by Mrs.Daniels,seconded by Mr.Younkins,the Commission voted to grant
the variance to permit the addition of land to an existing lot plus the creation of
two new additional lots to be served by dual access from Rt.40,based upon there
being no other means of access to the land and under the provisions of Section 107
of the Subdivision Ordinance.So ordered.
OTHER BUSINESS:
Youngstoun Development Plan:
For the information of the Commission,Senior Planner Jim Witherspoon conducted a
briefing on proposed changes to the Youngstoun Development Plan which had previously
been presented and received the concurrence of the Commission as a concept plan for
the entire development.The developer and consultant have proposed changes in the
portion of the site which was originally designated as an Employment Center to a
residential use proposed to support 80 uBits in garden apartments.The proposed change,
which has been sent out for agency review as amended,would involve some changes also
as pertains to street design and access.,
The Commission,noting that no action on their part was necessary at this time,sug-
gested that the concept as amended,be incorporated into the original development
plan and also that a signature block be shown on the Development Plan at such time
that it is brought back for further consideration.Mr.Bache withheld participation
in this discussion because of a possible conflict of interest.
COMMUNICATIONS:
Letter from Harold Nunamaker:
For the information of the Commission,a letter from Harold B.Nunamaker,Administrative
Engineer of the Washington County Sanitary District,was read and discussed informally
in regard to the policy established by the Sanitary Commission to review future
requests for sewer services in the Halfway-Williamsport Area to determine the impact
of these requests on the system.It was stated that rehabilitation of the system
is expected t'o be completed within a year from the date that the contract is awarded
to correct the problem of excessive infiltration/inflow.
Letter from D.Wayne Weller -Re:Extension of Time -60 Days:
A letter was read from D.Wayne Weller dated November 21,1979 in which it was requested
that a 60 day extension of time be granted to the Stone Loft Highlands Subdivision due
to delays encountered by the developer.The current expiration date is December 24.
On a motion by Mr.Dwyer,seconded by Mrs.Daniels,the Commission voted to grant the
request for a 60 day extension of time,expiration of which will be February 24,1980,
by which time the Commission will consider the plat.So ordered.
OTHER BUSINESS:
Water and Sewer Plan:
A meeting has been held by the staff with the Planning Commission and County Commissioners
to briefly outline the process involved with the next update of the Water and Sewer
Plan.Mr.Witherspoon said that he hoped to schedule workshops in the near future for
review purposes.
Geohydrological Study:
A meeting between representatives of the Geohydrological Study consultants,the
Coordinating Committee,Blanning Staff,and appointed Resource Group was held on
November 16,for the.purpose of a presentation by the consultants of their activities
to the committee.Three property owners have been contacted and agreed to have
studies conducted on their properties within the target areas selected.These
studies have been completed and the consultants are now in the process of analyzing
the data gathered.The next meeting of the committee with the consultants is
scheduled for January 18,at which time it is expected an evaluation of the test
results will be made available.
Shank Farm Development Planl
For the information of the Commission;the staff reviewed the Shank Farm Development
Plan which is presently zoned PB and A within the County.It is expected that the
developer will request a rezoning of the portion shown as Agriculture and a part of
the Planned Business portion to Planned Residential to accommodate the proposed
1,479 planned residential units.The Planning staff has held a pre-preliminary
consultation with City and County representatives to discuss the proposal and has
informed the consultant that the concensus of the meeting was that the question of
annexation of this property by the City of Hagerstown should be resolved as soon as
possible to determine whether the City would be annexing the property or would be
willing to provide sewer service without annexation.
The Commission concurred with the staff analysis of the Development Plan and agreed
that the developer should proceed with a request to the City for annexation prior to
any further consultation with County agencies in regard to the dpsign specifics of
the Shank Farm Master.Plan.
South Mountain Environmental A~ea:
Mr.Hawbaker reported that he had attended a meeting at Gathland State Park last month
in regard to the status of State legislation to amend a bill passed prior to 1977 which
was originally enacted to acquire an estimated number of acres of land in the South
Mountain Environmental Area by the Department of Natural Resources,and which now
requires to be taken back into legislation to be amended to conform to actual propertY$
boundary lines.Hr.Hawbaker stated that he has requested the detailed map of the
entire area which will be of benefit to the Commission in determining some of the
policies of the Comprehensive Plan for the South Mountain Area.
Comprehensive Plan:
As a result of the workshop meeting on November 17,the staff has compiled a list of
the issues and alternative solutions raised as pertains to the residential density
policy,the development of agricultural criteria,and no minimum lot size policy
of the draft Comprehensive Plan.The Commission set a tentative workshop date for
Thursday,December 6 at 2:30 P.M.to discuss in detail these issues and to discuss
other issues and concerns as outlined by the Commission members as a result of the
public presentations.
ADJOURNMENT:
The meeting was adjourned at "~..1&-A?aJi