HomeMy WebLinkAbout1981 Minutes\
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The regular meeting of the Washington County Planning Commission was held on Monday,
January 5,1981 at 7:00 P.M.in the second floor conference room of the County
Office Building.
Present were:Chairman William E.Wolford,Jr.;Terrance W.Bache;Linda H.Daniels;
Thomas W.Dwyer;Charles F.Wagaman,Jr.;and Fred H.Younkins.Not present:John
C.Herbst.Staff present:Executive Director Jack S.Hawbaker;Senior Planner
James B.Witherspoon;Associate Planner Catherine T.Thompson;Assistant Planner
Stephen T.Goodrich;Charles Wiederhold,Park Planner;and Marion Snyder,Secretary.
The meeting was called to order by the Chairman at 7:00 P.M.
At the request of the Executive Director,the Commission agreed to add two items of
business to the agenda for consideration from Donald E.Faith,request for a variance;
and Machine Shop (Yoder Tract)subdivision plat and site plan.
MINUTES:
On a motion by Mrs.Daniels and seconded by Mr.Dwyer,the Commission voted to
accept the minutes of the meeting of December 15,1980 as received.So ordered.
NEW BUSINESS:
Requests for Variances Under Section 107:
(';ary Swartz:
Mr.Swartz appeared before the Commission requesting consideration of a variance to
allow creation of a lot which would leave the remaining lands with only 19 feet of
public road frontage.It was pointed out that the Commission would not consider any
further subdivision of the remaining acreage.
On a motion by Mrs.Daniels,seconded by Mr.Dwyer,the Commission voted to grant th
request as presented under the provisions of Section 107 of the Subdiv:is,ion Ordinanc,
for conveyance to an immediate family member.So ordered.
Harold E.Eby:
Mr.Eby appeared before the Commission with a request for a variance to the require-
ments of the Subdivision Ordinance to create a lot which has less than the 300 foot
distance between access points.The staff report pointed out that although the plat
shows the driveway of the proposed subdivision as existing,the driveway and house
were constructed in 1980 with permits issued by theSHA and permits department re-
spectively.The proposed conveyance is intended for an immediate family member (son).
The Commission voted,on a motion by Mr.Bache,seconded by Mr.Wagaman,to grant
the variance under Section 107 of the Subdivision Ordinance for conveyance to an
immediate family member.For the record,it was pointed out that the Commission
would look with disfavor on any further subdivision of the parcel between Parcel A
and the existing driveway.So ordered.
Citizens National Bank of Keedysville:
In regard to the opinion of the Board of Appeals as pertains to the Boonsboro Bank,
a statement was made for the record by Mr.Wagaman to the effect that he was the
attorney of record for the Boonsboro Bank who had requested a use variance from the
Board of Zoning Appeals relative to the property which is the subject matter of t
this variance request and that he did not represent the Citizens National Bank of
Keedysville.He stated that his client did not exercise their option to buy the
property,nor did they sell their option to the Citizens National Bank.He said
that the Citizens National Bank of Keedysville then apparently negotiaged with the
property owner to buy the acreage in question and that he is not their representative.
It was also noted that the use for which the special exception was granted by the
Board of Appeals was somewhat smaller in size than is shown on the subject plat--
I acre instead of the 1.45 acre shown.It was also noted that the acreage in question
does carry with it the decision of the Board of Appeals to grant a special exception.
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Requests for Variances Under Section 107:
Citizens National Bank of Keedysville,cont'd:
The staff report indicates that the request for a variance is to the requirements
of the Subdivision Ordinance as pertains to the 75 foot dedication of right of way
from the centerline of the primary road for possible future widening,A second
variance is requested to create a lot where points of access are less than the
500 feet required for a commercial access,The plat under consideration shows an
existing bUilding for which a building permit was issued with 43 feet of dedication
and two access points,also existing,with less than the required distance between
driveways.
On a motion by Mr.Bache,seconded by Mr.Younkins,the Commission voted to grant
the request for a variance to the dedication of right of way clause of the Subdivision
Ordinance on the basis that 43 feet would be dedicated from the centerline of the
roadway.TI,e varianc@,wasgranted under the provisions of Section 107.So ordered.
The Commission discussed the variance request further as pertains to the issuance
of building permits prior to subdivision application review process.It was the
concensus of the Commission that a letter be prepared to the Building and Permits
office asking them to place a statement on the permit application to inquire if
the tract is for lease,sub-lease,or for eventual subdivision or sale,thereby
verifying the intent of the applioant.It was suggested that a questionnaire or
check-list be devised so that permit applicants wi 11 become aware of the require-
ments of the Subdivision Ordinance when such transfers are anticipated.
Noting that the previous motion was to grant the variance to the requirements of
the Subdivision Ordinance as pertains to right of way dedication and setback require-
ments for a commercial establishment only,the Commission then voted,on a motion by
Mr.Bache,seconded by Mr.Wagaman,to grant the second variance request as pertains
to distance between access points for a commercial establishment on the basis that
the bUilding,is existing,pursuant to Section 107 of the Ordinance.So ordered.
Roy J.Houser:
The staff report indicated that the request for a variance has been made to permit
creation of a lot for transfer to an immediate family member which does not front a
public road.The entire parcel from which the proposed lot 1 is to be divided is
landlocked and would require access via an existing lane which already serves three
residences and traverses across adjoining land owned by Jesse F.Houser,who opposes
the use of the private lane to serve the proposed subdivision.Mr.Wolfkill,
representing Mr.Jesse Houser,stated that the right of way has been expanded and
enlarged by Mr.Roy Houser's son to accommodate vehicles to serve an alleged business
use of the property in violation of the Zoning Ordinance.
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The questions discussed by the Commission were the existing conditions as pertains to
the use of the private lane and the existing mobile home which is the subject of the
variance under consideration.Mr.Wolfkill questioned the legality of the sanctioning
of a variance while the subject tract was allegedly in violation of the Zoning Or-
dinance as relates to commercial operations.It was the concensus of the Commission
that the matters are not interrelated and that the request before the Commission was
in regard to the variance to 'create a residential subdivision only,and that the
zoning matter must be referred to the Zoning Administrator as pertains to the commercial
use of the property.
It was pointed out by Mr.Wagaman that if in the event this is not a right of way by
necessity and is a surcharge or an expansion of the easement which·was created by
prescription,the Commission's consent to a subdivision would not mean that this
body or any other body would have the obligation to create a way to get to this
subdivision.He pointed out that it was very critical to establish whether this is
a right of way by necessity or a right of way by prescription and suggested that the
applicant or his attorney should research that point and respond to the Commission
prior to a decision being made.It was the concensus of the Commission to defer action
on the request for a variance until such time that the research on the right of way
or access to the Roy Houser property can be completed and reviewed in order to make
a determination as to whether or not a subdivision plat could be approved.Mr.Houser
indicated that he was in'agreement with this request.Mr.Ilouser also stated that
no further subdivision of the tract which is now under consideration is anticipated.
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Requests for Variances Under Section 107:
Donald E.Faith:
The staff pointed out that a subdivision application for Mr.Faith was disapproved
by the Commission on February 19,1976 because it did not meet the requirements of
Section 510 of the Subdivision Ordinance relative to liealth Department approval.
The disapproved plat contained a right of way agreement by the adjoining property
owners,the Trustees of the Broadfording Church of God,granting a right of way
over the church parking lot to serve the proposed subdivision.It was requested
that the staff be permitted to proceed with processing of the subdivision appli-
cation and having satisfied agency requirements grant administrative approval to
the proposed sUbdivision without bringing it back to the Commission.
On a motion by Mr.Wagaman,seconded by Mr.Bache,the Commission voted to grant the
authority requested for staff approval of the subdivision plat assuming that it can
be confirmed that the Health Department has granted approval along with the other
agency approvals ·already contained in the plat file.The motion was amended by
Mr.Wagaman to state that the right of way across the parking lot of the Broadfording
Church should be prerequisite to such approval and recorded in the land records.
So ordered.
Subdivisions:
Highland Manor,Phase I:
The staff report indicated that the developer is making a request to modify the
development plan which has been approved previously,by changing the use of the
area designated for housing for the elderly to a multifamily residential designation.
Also,the developer is requesting preliminary aFproY~l of Phase I of the·development.
The plat file contains all agency approvals for the preliminary plat approval with
the exception of the approval from the State Highway Administration in regard to
storm water management computations which is a prerequisite for final approval by
that agency.The staff recommended that Preliminary Approval be granted to Phase I
and to withhold approval of the development plan until comments have been received
from the State Highway Administration.It was also brought to the attention of the
Commission that a variance would be necessary for the retirement home .to abut the
property line.It was also pointed out that the Board of Education has requested
that the bus waiting area be shown near Md.Route 63.
Inreview and discussion of the subdivision plat and the revised development plan,
the Commission expressed several concerns relative to designation of play areas,
how and by whom the common or recreational areas are to be retained,maintenance
of the road,maintenance of walkway areas to link up commercial areas,and placement
of the school bus waiting area.Mr.Davis indicated his willingness to comply with
all recommendations of the Commission as pertains to these items.
The Commission voted,on a motion by Mr.Wagaman,seconded by Mr.Dwyer,to grant
Preliminary Approval for Highland Manor,Phase I,and to grant authority to the staff
to review the revisions as requested and to grant Final Approval for this particular
subdivision only when the following conditions have been satisfied:1.Letter of
approval from the State Highway Administration and all other agency approvals;2.Note
to be placed on the plat stating owner,his heirs,grantors and assigns will be re-
sponsible for maintenance of common areas for open space and recreation,private roads,
and pedestrian patterns to link up family area with commercial areas;3.Letter from
the Board of Education reaffirming the location of the school bus waiting area and
shown on the subdivision plat and development plan;and 4.Recreational facilities to
be included where designated as play areas.The Commission directed that the Developr
Plan be returned to the Commission for review when it has been revised in accordance ,\
with Commission and staff recommendations as discussed.So ordered..
Brightwood Acres East,Section A,Final Plat:
A staff report was made to the Commission in bringing them up to date on Brightwood Acres,
East,Section A which received Preliminary Approval on January 8,1979 with conditions
to be met,particularly as relates to an acceptable sewerage system that could be
approved by the State Health Department.Since an acceptable agreement·could not be
worked out in relation to the holding tanks which had been proposed,the development
has since been proposed to be served by pressure sewers.It was indicated that the
plat file does not contain as yet a letter of approval from the Health Department nor
the Department of Water Pollution Control.All other points have since been resolved.
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Subdivisions:
Brigh twood Acres,East,Section A,Final Plat:
The staff,noting that some minor changes would have to be made to the construction
drawings and to the final subdivision plat itself,proposed that the Commission reaf-
firm the existing policy to permit the staff to approve the Final Plat provided there
are only minor changes from the plat which received Preliminary Approval.It was
also brought to the attention of the Commission that a letter from the City of
Hagerstown Department of Water Pollution Control would be required designa1:1ng the
method and point of connection to the existing collection system,and a written
agreement that the sewage would be accepted.
It was the concensus of the Commission that since there have been major concerns raised
throughout the review process for this subdivision the Commission should follow
through until the review process is satisfactorily completed.The staff was directed
to bring the plat to the Commission when all agency approvals for the Final Plat have
been received for their final review and action.The motion was made by Mrs.Daniels
and seconded by Mr.Dwyer.So ordered.
Stoneleigh Estates,Concept Plan:
Stone leigh Estates Subdivision which was originally submitted as a 91 lot subdivision
on 128 acres,received Preliminary Approval by the Planning Commission on December 2,
1974 contingent upon agreement between the developer and the Board of County Commis-
sioners on improving Fairplay Road from Md.Rt.63 to Bakersville Road.Due to an
acceptable plan not being received,the subdivision was disapproved on September 6,
1977.J\n application for development of 21 lots on approximately 26 acres was then
agreed to and at the same time future plans for development of 4 or 5 large pan-
handle lots to the rear of these lots was also discussed.The current Concept Plan
which was presented at this time is a proposal for these five panhandle lots to be
created with the concurrence of the Commission.
Following discussion of the proposal,the Commission concurred with the Concept Plan
for the additional five lot subdivision of Stone leigh Estates with the following
conditions:(1)straightening of the rear lot lines on the lots so as not to create
topographic problems;(2)that a note be placed on the plat stating that the develop-
ment is for single-family residential development only;and (3)a note on the plat to
the effect that no further subdivision of any lots will be permitted until such time
that the road from and to Fairplay is improved by the developer.So ordered.
Seventh Day Adventists,Concept Plan:
The staff presented a Concept Plan for proposed residential and farm community de-
velopment of the Columbia Union Conference Association of Seventh Day Adventists for
discussion purposes.A preliminary consultation was held on December 9,1980,
for the 560 acre,225 lot proposed subdivision and discussed by the following agency
representatives:David Woronecki,Maryland Department of Natural Resources;David
Kerr,Washington County Health Department;Glenn Dull and James Brittain of the
County Engineering Department;representatives of the Developers and of their
Engineering firm,Fox and Associates;and the Planning staff.Concerns were expressed
by the Department of Natural Resources representative relative to the effect the
development would have on the Beaver Creek stream and the trout hatchery such as
the quantity and quality of the water flow in that area,the effect of explosives on
springs,wells,or stream flows in the area,consideration of storm water runoff,
possible groundwater contamination,and other questions.Mr.Kerr stated that the
County Health Department would not approve a development of this size and scope without
the requirements for central water and sewerage systems.The planning staff pointed
out that an engineering study would be required to determine the limits of the 100-year
flood plain.It was also pointed out that some historically significant buildings are
included in the County Historic Site Survey and are proposed to be eliminated by the
proposed street entrance.The staff indicated that the potential for cluster develOp-
ment was pointed out to the developer as a possible alternative to overall widespread
development of individual lots.Many concerns were expressed by the Commission members,
particularly as relates to the Beaver Creek Area and Albert M.Powell Trout Hatchery
which has been designated as a Special Planning Area in the Comprehensive Plan.
The staff also pointed out that the Concept Plan was being presented to the Commission at
tilis time for background information so as to be informed at an early stage of the
development process prior to submission of any preliminary subdivision applications
so that guidance can be given the developer in the submittal of any proposals for
subdivision because of the environmental impact of any development of the area.
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Subdivisions:
~!achine Shop (Yoder Tract),Subdivision Plat and Site Plan:
The staff report for the proposed Yoder/Durbin tract for a machine shop to refurbish
fire protection vehicles indicated that the subject property is in a Highway Inter-
change District located at the intersection of U.S.Route 40 and Beaver Creek Road.
Mr.Tom Lovins,the developer,and Mr.Tim Witter of Fox and Associates were present.
~1r.Lovins stated that he anti.cipated that there would be some outdoor provision made
for the storage of propane tanks a$a safety measure but nO other outside storage of
vellicles or materials.
On a motion by Mrs.Daniels,and seconded by ~Ir.Dwyer,the Commi.ssion voted to grant
Preliminary Approval of the Subdivision Plat and approval of the Site Plan,with the
stipulation that a sta,ement be placed on the plat and development plan to the effect
that there would be no outside storage facilities for vehicles,partially assembled
vehicles,or materials.final subdivision plat approval will be administratively
granted subject to all agency approvals being received.So ordered.
OTIIER BUSINESS:
Lcitersburg Water Study:
The Commission discussed correspondence from Robert M.Johnson,Project :-1anager for
the Washington County Sanitary District concerning the proposed water line to Leiters-
burg as it would affect the Urban Growth Area as delineated in the Comprehensive Plan.
Pointing out that the residents of Leitersburg were desirous of having a more permanent
solution to water problems in the area as opposed to individual wells,~Ir.Johnson
stated that the Sanitary Commission is planning a water line large enough to pro-
vide water service to all of the existing homes fronting on Maryland Route 62 and
all of Leitersburg,based upon the report prepared by Kamber Engineering,Inc.and
the public meeting held with the residents of Leitersburg.The Planning Commission
was of the opinion that to supply water to the Leitersburg area via the proposed
water line and serving residents along the planned route would open up the entire
area to growth which would not reflect the policies of the Comprehensive Plan.It was
also stated that the amount of water that could be provided by the City of Hagerstown
could be limited based upon a analysis being prepared-by the Sanitary District and
the Hagerstown Water Department.The results of that analysis are not yet known.
On a motion by ~Irs.Daniels,seconded by Mr.Dwyer,the Commission voted to table
further discussion of the Leitersburg Water Study until the first meeting in Feb-
ruary and asked that a review be undertaken by the staff of all available information
as the proposal relates to the proposed Comprehensive Plan for consideration at that
time.So ordered.Mr.Wagaman asked that the Health Officer be contacted and a
review of the plumbing code made in order to coordinate a response to the Sanitary
Commission.
Parks and Open Space Plan and South County Park Study:
The Executive Director asked that a joint meeting be scheduled with the Parks Board
for January 26 in order that a recommendation to the Board of County Commissioners
can be jointly made for the general area of the South County Park Project.The
Commission agreed to the joint meeting on January 26 at 7:30 P.M.
ADJOUlU--lMENT:
The meeting was adjourned at 10:55 P.M .
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William E.-Holford,
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The regular Ineeting of the Washington County Planning Con~ission was held in
the second floor conference room of the County Office Building on February 2,
1981 at 7:00 P.M.
The following members and staff were in attendance:Chairman William E.Wol-
ford,Jr.;Terrance W.Bache;Thomas W.Dwyer;and Fred H.Younkins.Staff:
Executive Director Jack S.Hawbaker;Associate Planner Catherine T.Thompson;
Assistant Planner Stephen T.Goodrich;and Marion Snyder,Secretary.Absentee
members:Linda H.Daniels;John C.Herbst;and Charles F.Wagaman.
CALL TO ORDER:
The meeting was called to order by the Chairman at 7:00 P.M.
ADDITION TO AGENDA:
At the request of the Executive Director,the Highland Manor Development Plan
was placed on the evening's agenda for consideration of final approval by motion
of Mr.Bache and seconded by Mr.Dwyer.So ordered.
MINUTES:
On a motion by Mr.Bache and seconded by Mr.Dwyer,the minutes of the Planning
Commission's regular meeting of January 5,1981 were approved and received as
written.So ordered.
NEW BUSINESS:
Requests for Variances Under Section 107:
Greenspring Hills,Lots 6 and 7:
Mr.Gerald Cump representing David Ankeney,appeared before the Commission to
request that a variance be granted as pertains to the distance between access
points for a secondary road.It is proposed to create accesses to lots 6 and 7
via a 60'right of way which would be reserved for future development thereby
providing dual access to the newly proposed lots.In order to meet the 300'
distance requirements for access,the 60'reserve right of way would have to be
abandoned which would preclude future development of remaining lands.
On a motion by Mr.Dwyer,seconded by Mr.Younkins,the Commission voted to grant
the variance request under Section 107 of the Subdivision Ordinance.So ordered.
Phillip Petry,Parcel A:
Mr.Petry appeared before the Commission requesting a variance to the require-
ments of the Subdivision Ordinance as pertains to the dedication of right of
way clause.It is proposed to dedicate less than the required 30'from the
centerline of the east side of Rockdale Road to create lot A because of the
location of the existing well and stable on the south property line.The
full 30'required for a collector road would be dedicated from a point 10'
north of the existing appurtenance to the northernmost property line.
On a motion by Mr.Bache,seconded by Mr.Dwyer,the Commission voted to grant
the variance as requested to dedicate 20'of right of way because of the existing
structure and well under the provisions of Section 107 of the Subdivision Ordinance.
So ordered.
David Ebersole,Lot 1:
A request was heard from David H.Ebersole to convey a lot to an immediate family
member (son),utilizing a 60'reserve strip which is reserved for future develop-
ment.The required 25'frontage on a public road is not feasible because of the
topography of the land.It was noted that should the request be granted,the
last allowable residential access would be utilized.
The Commission voted,on a motion by Mr.Bache,
the request for a variance under the provisions
topography of the land and for conveyance to an
seconded by Mr.Dwyer,to
of Section 107 because of
immediate family member.
grant
the
So ordered.
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Highland Manor Development Plan-Final Approval:
Mr.Tom Davis and his representative Mr.Merle Holsinger,Associated Engineering
Sciences,appeared before the Commission requesting that final approval be granted
to the development plan for Highland Manor,Phase I which received preliminary
approval by the Commission on January 5,1981 contingent upon the following con-
ditions:
1.A safe school bus waiting area,acceptable to both the Planning Commission
and the Board of Education must be shown on the development plan and Phase I of
the site plan when submitted.The location to be confirmed by letter from the
Board of Education to the Planning Commission;2.A walkway linking Phase I
with the commercial area must be shown on the final plat and site plan for Phase I
and on the development plan;3.A commitment to include specific recreation
facilities in the tot lot play area must be made at least by the time of Phase
I site plan submittal;and 4.A note must be added to the development plan and
Phase I final plat that private streets,recreation facilities,and common areas
shall be maintained by the owner,his heirs,successors and assigns.
The Executive Director pointed out that the location of the school bus waiting
area should be placed on the opposite side of the road from the location shown
because of safety factors created by approaching vehicular traffic,and should
be addressed at the time of site plan submittal.He also addressed ,the question
of submittal of the recreational facilities as a separate item and recommended
that this listing should be placed in a particular location on the development plan.
On a motion by Mr.Bache,seconded by Mr.Dwyer,the Commission voted to grant
rinal approval to the Development Plan for Highland Manor on the basis that the
conditions of preliminary approval have been satisfied and on the condition that
the recreational facilities are placed on the plan in their particular location
by note or like manner on ,the development plan.So ordered.
UNFINISHED BUSINESS:
Leitersburg Water Study:
Robert M.Johnson,Project Manager and James Eckel,Chairman of the Washington
County Sanitary District met with the Planning Commission relative to the Leiters-
burg Water Study which was previously discussed and acted upon at the Commission's
regular meeting of January 5,1981.Action of the Commission on that aate requested
that a study be undertaken by the Planning staff to determine the relationship of
the proposal to the policies of the new Comprehensive Plan and the proposed Growth
Area.As a result of that review,a map was prepared by the staff to depict the
proposed water district and the surrounding area as relates to soil limitations,
flood plain area,planned sewered areas and existing farmland.The Executive Dir-
ector pointed out that as a result of a discussion with the Superintendent of
the Hagerstown Water Department,Mr.Breichner suggested that an 8"water line be
installed as a matter of practicality and said that the flow from the reservoir
would be limited to provide adequate supply to existing Leitersburg residents,
existing vacant lots,and existing residences along the proposed route only.
Mr.Bache stated that he felt that a water line along the proposed route would be
in conflict with the Comprehensive Plan and encourage scattered growth along the
route and on the basis of that,moved to advise the Sanitary Commission that the
study as proposed would be in conflict with the growth management system as en-
visioned in the Con~rehensive Plan.Mr.Dwyer asked that an addition be made to
the motion to the effect that the propos till would"be,seen as impractical from the
standpoint of cost and on that basis,would second the motion.
After further discussion as'pertains to the 'cost of the system,which'is not known
at this time,development of facilities in accordance with the Plan,and alternate
methods of supplying the residents of Leitersburg with water,Mr.Eckel asked that
the Commission amplify their motion to include a recommendation to the Sanitary
Commission that an alternate proposal be suggested to be taken to public hearing
for comment.
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Mr.Bache withdrew his first motion.He then made the motion that the Sanitary
COlmnission be advised that in terms of water supply for Leitersburg to be in con-
formance with the Comprehensive Plan that these supplies be available within Leiters-
burg as opposed to routing along a State road,and also recommend that whatever
system is developed for the community that it be developed with excess capacity
so that as the community grows it will have the capacity to serve and expand out
from the existing core of that facility to some degree.The motion was seconded
by Mr.Dwyer and unanimously agreed upon.
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Leitersburg Water Study,cont'd:
Mr.Eckel asked that the Planning Commission have representation at the public
hearing for both proposals to be presented at that time,or that a letter be
received from the Planning Commission for the official record of the public
hearing which would provide background information to accurately reflect the
recommendations of the Planning Commission whether or not it was the Sanitary
Commission's decision to accept the Planning Commission's recommendation.The
Commission will be informed of the date of the hearing at such time that one is
scheduled for the Leitersburg Water Study.As a point of information,Mr.
Johnson informed the Commission that a public hearing was scheduled on February
9 for the Cedar Lawn distribution system from an existing line and a public
meeting for the south and east sewer projects for February 16 at the Hagerstown
Junior College.
COMMUNICATIONS:
Letter from Linda Raab:
The Executive Director brought to the attention of the Commission,a letter from
Linda Raab,Maryland Technical Advisory Service of the University of Maryland
in which an outline was suggested as pertains to the need for and the desira-
bility of a workshop for local planning commissioners.A questionnaire was
enclosed to be filled out by the Commission members and returned which would
indicate an interest in the proposed workshop.
The Commission discussed the subject and agreed that the questionnaires should
be answered individually by the Commission members to reflect their various
viewpoints as pertains to the proposal.
OTHER BUSINESS:
Subdivision Ordinance Status Report:
The Executive Director reported that the Subdivision
by the County Commissioners after some minor changes
request and would become effective on March 1,1981.
typed and is now being made ready for printing.
Comprehensive Plan Status Report:
Ordinance has
had been made
The document
been adopted
at their
has been re-
The new Comprehensive Plan has been presented to the Board of County Commissioners
and is pending their action.
Policies for Administrative Approval:
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The Executive Director stated that the past minutes of the Planning Commission
have been researched and policy statements pertaining to Administrative Policies
have been compiled so that they can be contained in a separate file for instant
reference.The following Planning Commission Policies,of which some had
received previous approval,were adopted by the Planning Commission on February 2,
1981:
Policy 1:The Executive Director shall have the authority to review and approve
all Simplified Plats for Preliminary and Final Approval,provided all subdivision
requirements have been met,as the Commission's representative in accordance with
the provisions of Article 66B.
Policy 2:The Executive Director shall have the authority to approve one (1)
and two (2)lot,single-family residential plats for development when all sub-
division requirements have been met,as the Commission's representative in
accordance with the provisions of Article 66B.
Policy 3.The Executive Director shall have the authority to review and approve
any and all replats having any number of lots for which there is no additional
subdivision of land,in accordance with the Subdivision Ordinance and in accord
with Article 66B of the Annotated Code.
Policy 4.The Executive Director shall have the authority to review and approve
all Final Plats for which previous approval has been granted to the preliminary
plat by the Planning Commission,provided the Final Plat meets all subdivision
requirements and represents no substantial change from the approved preliminary
plat.
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Policies for Administrative Approval,cont'd:
Policy 5:The Executive Director shall have authority to grant a variance to
the requirements of the Washington County Subdivision Ordinance for subdivision
plats in the following instances:a.Where it is impractical to dedicate the
full right of way required by the Washington County Highway Plan and where the
County Engineer or State Highway Administration are satisfied with the acquired
platted right of way;and b.Where an existing structure,septic system,or
other appurtenance is within the right of way to be dedicated and for which the
relocation of same may create a future hardship.Motion by Mr.Bache,seconded
by Mr.Dwyer.So ordered.
Policy 6:Authority is granted for the Executive Director to administratively
approve plats:1.Where a municipal boundary divides a subdivision lot,and
where the prohibition of such a division would create a hardship with no ap-
preciable advantage ,served by the prohibition;and b.Where driveway entrances
for lots fronting on a public road are proposed to coincide with the right of
way for a future public road and where the strict enforcement of the provisions
of the Ordinance would be of no practical advantage.(Example shown by reference
to the Administrative Policy file).Motion by Mr.Dwyer,seconded by Mr.Bache.
So ordered.
Policy 7:The agenda for the regular meeting of the Commission shall be mailed
by no later than the Thursday preceding the regular meeting.Approvals from
agencies for all matters to be considered by the Commission must be received by
the Planning Commission office by no later than 4:00 P.M.of the next to the
'last Friday of the month.All requests for variances,site plan approval,plat
approval,or other matters requiring staff review and analysis must be received
by the time of the agency review meeting on the next to the last Tuesday of the
month.All matters not received by the times indicated will be deferred until
the Commission's regular meeting of the following month.Motion by Mr.Bache,
seconded by Mr.Dwyer.So ordered.
APA Membership:
This item of business was deferred.
Proposed Golf Course Public Hearing:
For the information of the Commission,the Executive Director brought to their
attention a public hearing which has been scheduled by the Board of County Com-
missioners on February 10,1981 at 7:00 P.M.in the Classroom Auditorium of
Hagerstown Junior College to receive comments pertinent to the proposed golf
course.It was the concensus of the Commission that they have nO wish to comment
as pertains to the golf course at this time.
South County Parks Status Report:
The Executive Director reported that as a result of the joint meeting held be-
tween the Parks Board and the Planning Commission,a joint recommendation has
been made to the Board of County Commissioners in regard to the South County
Park and is on the Board's agenda for their meeting on February 3.Following
their action in regard to the recommendation,the South County Park Project will
become one of the elements of the Comprehensive Park Planning Process.
Resignation of Parks Planner:
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The Executive Director reported that Charles Wiederhold had resigned his position 'I
with the Commission to accept another position and that the Park Planner has been
advertised with the job description expanded to include some other elements of plann
skills in addition to :the technical'archit~etural skills already required.
By-Laws Discussion:
It was brought to the attention of the Commission that Article VI,Section 2 of
the Commission By-Laws may need to be amended as pertains to what would consti-
tute a quorum of Commission members,particularly when one or more members may
disqualify himself where a conflict of interest may be involved.The Executive
Director proposed that the words "and voting"be deleted from the second sentence
in the first paragra~h.
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By-Laws Discussion,cont'd:
The Commission discussed this section of the By-Laws to some extent and agreed
that Section 2 of Article VI be researched further and brought back for con-
sideration at the next meeting of the Commission.
MEETING DATES:
The next regular meeting of the Commission will be on March 2,1981.A rezoning
public hearing is scheduled for March 9,1981 at 7:00 P.M,in Court Room No.1
of the County Court House.
ADJOURNMENT:
The meeting was adjourned at 9:15 P.M.
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The Washington County Planning Commission's regular meeting of March 2,1981 was
held in the conference room of the County Office Building at 7:00 P.M.
In attendance were:William E.Wolford,Jr.,Chairman;Terrance W.Bache;Linda
H.Daniels;Thomas W.Dwyer;and Fred H.Younkins.Staff:Executive Director
Jack S.Hawbaker;Associate Planner Catherine T.Thompson;Assistant Planner
Stephen T.Goodrich;Marion Snyder,Secretary,and Jim Witherspoon,arriving at 8:00.
The meeting was called to order at 7:00 P.M.
MINUTES:
The minutes of the regular meeting of February 2,1981 were approved mId accepted
as presented,on a motion by Mr.Bache,seconded by Mr.Younkins.So ordered.
At the request of the Executive Director,the Commission voted to add to the agenda
consideration of the status of the Planner II position which remains vacant.The
motion to amend the agenda was made by Mr.Bache and seconded by Mrs.Daniels.So
ordered.
NEW BUSINESS:
Request for Variance Under Section 107:
Evertt Norris:
A request for a variance under the provIsIons of Section 107 of the Subdivision
Ordinance was presented by the staff as proposed by Mr.Norris for conveyance of
a newly created lot to his son which does not meet the required public road
frontage.Access is proposed via a pI'i vate right of way retained on the remaining
lands of the owner and which also serves a previously approved lot which was
granted approval under the hardship clause of the Ordinance in July of 1977.
On a motion by Mr.Bache and seconded by Mr.Younkins,the Commission voted to
grant the variance to the requirements of the adopted Highway Plan under Section
107 of the Subdivision Ordinance to permit conveyance of the lot as proposed to
an inwediate family member.So ordered.
Assistant Planner Stephen Goodrich pointed out that at such time that the plat
for Mr.Norris comes to the Planning Office,that Mr.Norris be made aware that
certain statements should be on the plat,particularly Section 405.11(B),which
states that nor more than one lot can be conveyed to anyone family member,cer-
tification of the intent of the owner to transfer to an immediate member of the
family,and no conveyance to anyone who is not an immediate family member for a
period of five years,and also a statement absolving the County from any maintenance of
the right of way which are standard requirements but reiterated here for the infor-
mation of the developer.
Subdivision Plats:
Greenspring Hills,Sections II and III -Preliminary Approval:
Staff review of the preliminary application for Sections II and III of the Green-
spring Hills subdivision pointed out that all of the proposed lots have public
road frontage and that a variance had previously been granted by the Commission
to allow lots 6 and 7 to utilize a 60 foot strip of right of way contingent upon
construction of a future street should further development be proposed.Because
several of the lots were eliminated from the original concept plan and were not
submitted with the preliminary plat,the staff recommended that a waiver to
Section 414.5 of the Subdivision Ordinance pertaining to numerical·order of lots
would need to be considered by the Commission also.The staff also brought to the
attention of the Commission,a 1.87 acre strip of remaining land situated between
the abandoned section of Boyd Road and a portion of the present alignment of Boyd
Road which is in the simplified plat review process for conveyance to Mr.Ankeney.
This simplified plat must be approved before approval of the development plat
because creation of lots 22 and 25 would leave the 1.87 acre strip with acreage
less than that needed to meet current regulations in the Agricultural district.
The staff recommended that Preliminary Approval be granted with staff authority
to grant Final Approval conditioned upon the Commission granting a waiver of
the requirements of Section 414.5 and approval of the simplified plat for transfer
of the 1.87 acre strip.
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Greenspring Hills,Sections II and Ill,cont'd:
Noting that this subdivision is of the type of strip development that the Com-
prehensive Plan will be addressing in the future and that all present Ordinance
requirements have been satisfied and are in order,a motion was made by Mr.Bache
to grant the variance to the requirements of Section 414.5 of the Subdivision
Ordinance and to grant Preliminary Approval with staff authority to grant Final
Approval following approval of the simplified plat and based upon the provision
of the variance for the numerical order of lots.The motion was seconded by
Mr.Dwyer and carried with Mrs.Daniels voting "No".
Draft Outline of Proposed Planning Commission Manual:
The Executive Director introduced Al Feldstein of the Department of State Plan-
ning who made a brief statement to the Commission in regard to the proposed
Planning Commission Manual which is being prepared by the Department of State
Planning.He stated that any comments by the Planning Commission or suggestions
as to ideas which the Commission or staff would like to see covered or incor-
porated into the manual should be sent to Jim Nelson at the regional office in
Cumberland.
Brightwood Acres East:
The Executive Director stated that a letter has now been received from the Water
Pollution Control Department as a result of a request from the Commission that
a letter be submitted by that office concerning access across other lands so far
as the sewerage is concerned.All agency requirements have now been satisfied
as enumerated at the time of Preliminary plat approval on January 9,1979 which
was granted by the Planning Cpmmission.The Commission discussed the comments
of the Health Department as pertains to their conditional approval based upon
receipt of approval of public water and sewerage system construction permits by
the State Department of Health and Mental Hygiene and receipt of a letter from the
City Water Department stating that the developer has met their requirements.It
was felt that the Health Department should be given the opportunity to review
for final approval based upon the comments received from the City of Hagers-
town.The Executive Director asked that further discussion be tabled until
such time that Jim Witherspoon arrives since he has been working closely with
the developer's engineer.
COMMUNICATIONS:
Letter from Alan Musselman:
For the information of the Commission,the Executive Director brought to their
attention,correspondence from Alan Musselman,Executive Director of the Agri-
cultural Land Preservation Foundation,stating their position on the acquisition
of agricultural preservation easements on land from which mineral rights have
been sold or leased.No action.
UNFINISHED BUSINESS:
Planning Commission By-laws:
Following a discussion relative to Section 2 of Article 6 of the Commission's
By-laws as pertains to what would constitute a quorum of the Commission and the
majority vote of those present and voting,the Commission voted,on a motion by
Mrs.Daniels and seconded by Mr.Dwyer,to strike the words "and voting"from
the second sentence of Section 2 of Article 6.So ordered.
OTHER BUSINESS:
FY '82 Budget:
The Executive Director stated that the County Commissioners have scheduled the
Planning Commission bodget for FY'82 to be presented to them on March 24,at which
time the proposed work program for that fiscal year is submitted,along with the
Annual Report for the previous year.Copies of the 1980 Annual Report were dis-
tributed to the Commission along with copies of the proposed budgets.Following
an analysis of the budget items as outlined by the Executive Director,the Com-
mission voted to adopt the FY'82 Planning Commission Budget as prepared for
presentation to the Board of County Commissioners on March 24.The motion was
made by Mr.Dwyer,seconded by Mrs.Daniels.So ordered.
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Subdivision Plat:
Brightwood Acres East -Final Approval:
Senior Planner Jim Witherspoon,in bringing the Coxmnission up to date on the status
of the Health Department's position on the Brightwood Anes subdivision relative
to public water and sewerage,stated that a letter has been received from the
Health Department granting final approval (dated January 27,1981)which was
received prior to the letter of approval from the Department of Water Pollution
Control.He stated that he has since reviewed the consultant's study for the
sewering east of Hagerstown and that he plan shovls pressure sewer down Mt.Aetna
Road to Edgewood Drive's existing sewer and is entirely within the public right
of way.
Following lengthy discussion in regard to the Commission's responsibility in
assuring that potential difficulties have been resolved as pertains to inter-
agency review,a motion was made by Mr.Bache and seconded by Mr.Younkins,to
grant Final Approval to the Brightwood Acres East subdivision.It was noted for
the record that the Commission recognizes the difficulties that have been en-
countered in providing sewerage service to the development and also recogni?es
that those difficulties have been resolved by way of letters of approval contained
in the plat file from the Health Department and the Department of Water Pollution
Control.So ordered.
OTHER BUSINESS:
Smithsburg Sewer Plant Status:
The Executive Director brought to the attention of the Commission for their infor-
mation,a letter from the State Health Department,Office of Environmental Programs,
to Mayor Boswell in regard to an agreement between the Tmln of Smithsburg and the
State Health Department which would permit the present restriction on connections
to be lifted.No action required.
Annual Report,Comprehensi VB Plan Implelflentation,and PUD Seminar:
The Annual Report for 1980 was distributed for the Connnission's COllnnent and recom-
mendation prior to submittal to the County Commissioners along with the Commission
budget on March 24.The Executive Director stated that the report will be for-
warded along with a cover letter for the Chairman's signature.He also stated
that the Comprehensive Plan has been adopted by the County Commissioners with an
effective date of the fiTst of April.The only change to the entire docwnent
vlaS one paragraph which has to do with the obtaining of permits from the Soi 1
Conservation District prior to cutting trees in the l'Jatershed 3.Tea.The next
step will be the implementation phase and comments were requested from the Com-
mission relative to procedural methods.The staff suggested that the first step
should be the preparation of a list of all identifiable tasks in pTioritized
oTder to be undertaken by the staff fOT consideration by the Commission.The
Commission concurred with this suggestion.The seminar should not be considered
until the work list is completed.
Water and Sewer Plan Implementation:
The section of the Water and Sewer Plan dealing with the identification of water
problem aTeas was discussed relati.ve to the Tesponsibility of the Health Depart-
ment to compile data based upon samples taken from new residential wells by the
consultant for the Geohydrologic Study.It was suggested that the County Com-
missioners should be Teminded that adequate budget would be Tequired to pToceed
with this data collection progTam,recognizing that additional peTsonnel luight
be requiTed.
It was the concensus of the Commission that a letteT be written to the Health
DepaTtment suggesting that when the Health Department goes before the County
Commissioners to pTesent their budget for the next fiscal year,that the Commis-
sion would support the additional Tesources that would be Tequired to meet the
Tequirements of the Water and Sewer Plan in this regard,or as an alteTnative,
would go on record as recommending the deletion of this requiTement from the WateT
and Sewer Plan in the next update period.
4
Geohydrologic Study Status:
The Executive Director,reporting on the status of the Geohydrologic Study,stated
that a checkpoint meeting had been held with Richard E.Wright and Associates,at
which time a detailed report was presented by the consultant on the three proto-
type areas.There will be a follow-up meeting on March 13,at which time mapping
of the prototype study areas will be discussed.It is expected that the study
will be finalized by the first of October,resulting in an Ordinance to provide
regulations for the correction of specific problem areas.
Printing -Comprehensive Plan:
The Executive Director brought the Commission up to date on the status of the
Subdivision Ordinance which is now ready for printing,the Comprehensive Plan,
which is in the process of being retyped,and the status of repringing the
maps for the Comprehensive Plan.He requested permission to order the maps
needed in the update of the Comprehensive Plan for a total of $3,099.00,
bringing the total estimated cost of printing the document to $6,262.00 for
approximately 500 copies with a recommended price of $20.00 per copy.He asked
direction of the Commission in ordering new three ring binders as opposed to
using the previously ordered binders.The Commission expressed a desire to
utilize the binders on hand,thereby eliminating an approximated $1,736.00
from the cost of the Plan document.The estimated cost of the Water and Sewer-
age Plan for 150 copies is a total of $2,029.00,with a recommended price of
$25.00 per copy.The Subdivision'Ordinance cost is estimated at $1,462.00 with
a suggested price of $5.00.00.The Commission concurred with this schedule.
-Park Planner Position:
The Executive Director stated that the position was advertised in the local
newspaper and interviews were conducted by the staff.He asked approval of
the Commission to request the County Commissioners to advertise again outside
the Hagerstown area.
A motion was made by Mrs.Daniels,seconded by Mr.Dwyer,to authorize the
Executive Director to requrst the County Commissioners to advertise outside
the local area newspapers so that the position might be filled in the most
advantageous manner possible for the Planner II position.So ordered.
A.P.A.Membership:
Jim Witherspoon brought to the attention of the Commission that the American
Planning Association is holding a membership drive and that Planning Commission
members are eligible to join.A copy of the A.P.A.newsletter was distributed
for their information.
Reappointment of Member:
The Executive Director announced that Mr.Wolford has been reappointed by the
Board of County Commissioners to the Planning Commission for an additional five
year term.
NEXT MEETING DATE:
A Planning Commission rezoning hearing is scheduled for March 9,1981 in Court
Room #1 at 7:00 P.M.The next regular meeting of the Commission will be April
6,1981.
ADJOURNMENT:
The meeting was adjourned at 9:15 P.M.,followed by an Executive Session.
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William E.Wolford,IlJr.U Chairman
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The regular meeting of the Washington County Planning Commission was held on Monday,
April 6,1981 at 7:00 P.M.in the second floor conference room of the County Office
Building.
Present were:Chairman William E.Wolford,Jr.;Terrance W.Bache;and Fred H.Younkins.
Mr.Herbst arrived at 7:20.Not present:Linda H.Daniels;Thomas W.Dwyer,and
Charles F.Wagaman,Jr.Staff:Executive Director,Jack S.Hawbaker;Senior Planner,
James B.Witherspoon;Assistant Planner,Stephen T.Goodrich;Marion Snyder,Secretary.
The meeting was called to order at 7:00 P.M.with the Chairman explaining to those
present that the procedure would be to hear agenda requests and witholding a decision
until such time that a fourth member arrived to constitute a quorum of the Commission
members.
NEW BUSINESS:
Requests for Variances Under Section 107:
Roy J.Houser:
Mr.Houser appeared before the Commission requesting a variance to the requirements
of the Subdivision Ordinance to create a lot without public road frontage which is
proposed for conveyance to him by his father.The request was previously heard by
the Commission on January 5,1981 at which time access was proposed via an existing
lane across adjoining land.Due to a disagreement with an adjoining property owner,the
Commission deferred action at that time in order to determine the status of the
right of way to be utilized.Access is presently being proposed to utilize a
right of way across Tract 19-134 from Shinham Road which was granted by permit by
the National Park Service,renewable on an annual basis.Action was deferred pending
arrival of a fourth member of the Commission.
Conococheague Manor,Section 'B':
A request was heard as submitted by Russell Townsley of Fox and Associates,represen-
ting Conococheague Manor,to waive the requirements of the Subdivision Ordinance as
pertains to the 600'length restriction for a cul-de-sac and extending the existing
Cafoxa Drive an additional 265'for a total length of 825'to connect to Md.Rt.68.
The Fire Marshal has stated no objections to this proposal by letter dated March 9,
1981.Action was deferred pending the arrival of a fourth member.
Trinity Church of God:
A request for a variance was heard to create a lot with less than the required 500'
distance between access points on a Minor Arterial highway (Route 40 east of Clear
Spring).An approved driveway location to parcel 21 as shown on the plat is proposed
to be abandoned should the request be granted.
Mr.Herbst,having arrived at 7:20 P.M.,a motion was made by Mr.Bache,seconded
by Mr.Younkins,to grant the request and waive the distance requirements under Section
107 of the Subdivision Ordinance because of topography of the land,with the condition
trhB original driveway approval on Lot 21 will be revoked.So ordered.
MINUTES:
On a motion by Mr.Younkins,seconded by Mr.Herbst,the Commission minutes of the
regular meeting of March 2,1981 were approved and accepted as presented.So ordered.
Variance Request Action:
On a motion by Mr.Bache and seconded by Mr.Younkins,the Commission granted the
request for a variance as proposed for Roy J.Houser under the provisions of Section
107 of the Subdivision Ordinance.So ordered.
The request for a variance to the requirements of the Subdivision Ordinance as pertains
to the length of a cUl-de-sac was granted to Conococheague Manor,Section 'B'as
proposed,on a motion by Mr.Bache,seconded by Mr.Younkins.So ordered.
6
Subdivisions:
Citizens Bank of Keedysville,Preliminary and Final:
The staff report pointed out that a variance had previously been granted by the
Commission in January,1981 to allow the bank to dedicate 43'of right of way
instead of the required 75'and also to allow less than the stipulated 500'between
access points on Route 40-A.All other requirements for subdivision approval have
been met.
On a motion by Mr.Herbst,seconded by Mr.Bache,the Commission voted to grant
approval to the application for Citizens Bank of Keedysville.So ordered.
James W.Lewis,Lots 1,2,3 and 4,Preliminary and Final:
The staff report indicated that the proposed subdivision,consisting of four lots and
all having public road frontage,is served by two points of access with
each accommodating two lots.
On a motion by Mr.Herbst,seconded by Mr.Bache,the Commission voted to grant
approval to the James W.Lewis subdivision as proposed.So ordered.
Heavens Back Door,Preliminary and Final:
The staff report pointed out that the Planning Commission,on July 7,1980,granted
a.variance under Section 107 to the subject property to permit creation of five lots
not abutting a public road for conveyance to the immediate family.Access is pro-
posed via a private lane off Frog Eye Road.
On a motion by Mr.Herbst,seconded by Mr.Bache,the Commission voted to grant
approval to the subdivision application as proposed.So ordered.
COMMUNICATIONS:
Letter from Sanitary District:
A letter was distributed and discussed by the Commission from Robert M.Johnson,
Project Manager for the Washington County Sanitary District,advising that a public
hearing has been scheduled for April 13,1981 at 7:30 P.M.in the Leitersburg Fire
Hall.The subject of the public meeting is the Leitersburg Water Study which has
been undertaken by the Sanitary District to determine alternatives for the provision
of water service to the Leitersburg area.The Commission Chairman and Mr.Hawbaker
are attending to present the Commission's position relative to the proposal as it
would relate to the adopted Comprehensive Plan policies.
Letter to Dr.Neill:
A copy of a letter which was sent to Dr.Neill,Health Officer for the Washington
County Health Department on March 12,concerning the Water and Sewerage Plan and
data collection by that agency was discussed.The Executive Director stated that
no response has been received to date.
Letter from William Eichbaum:
For the information of the Commission,a letter was distributed from William Eichbaum,
Department of Health and Mental Hygiene to the Board of County Commissioners,notif)g
the County that the biennial update of the Water and Sewerage Plan for the County
has been reviewed and approved by the State Health Department.
NEW BUSINESS:
Agricultural District Application,Robert D.Beckley,AD-81-1:
The Commission reviewed and discussed an Agricultural District Application submitted
by Robert D.Beckley and voted,on a motion by Mr.Herbst,seconded by Mr.Younkins,
to forward a recommendation of approval of the application to the Board of County
Commissioners for both parcels as submitted on the basis that it does not conflict
with the adopted Plan,for the County.So ordered.
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OTHER BUSINESS:
Landfill Study Status:
The Executive Director,reporting on the status of the Landfill Study,stated
that a consultant to repair the landfill scale is expected to be selected by
the County Commissioners during their regular meeting on April 7,and that the
weighing program will proceed once the scales have been prepared.Also,he
stated that the shredder which was programmed in the FY'82 Capital Improvements
Program has been deferred until another year.
Parks Plan:
The Executive Director informed the Commission that the Park Planner position
has been readvertised and asked if the Commission was desirous of conducting
interviews in a special meeting.It was the concensus of the Commission that
the Executive Director conduct the interviews and select a candidate for the
position at his discretion.Also discussed was the continuation of the second
phase of the informational gathering process for the park program in which
questionnaires are being prepared for distribution to the eastern and western
sections of the County as was done for the south county study.The City of
Hagerstown has been asked to participate in the final stage of the study which
will involve the metropolitan area and immediately surrounding urban areas.
Rezoning Cases from March 9,Public Hearing:
RZ-225,Alexander P.Schreiber,RU to PB:
Following discussion of the staff report and recommendation as pertains to the
'requested rezoning and review of the public hearing transcript and exhibits,the
Commission voted,on a motion by Mr.Herbst,seconded by Mr.Younkins,to
forward a recommendation to the Board of County Commissioners that the application
be denied based upon the findings of fact and recommendation contained in the
staff report.So ordered.
RZ-224,Glenn R.Bumbaugh,RR to BL:
Based upon the testimony given at the public hearing on March 9,and the findings
of fact contained in the staff report and recommendation,the Commission voted,
on a motion by Mr.Bache and seconded by Mr.Younkins,to forward a recommendation
of approval to the Board of County Commissioners.So ordered.
RZ-223,Andrew H.Eby,Text Amendment:
In consideration of the application for a text amendment to add to Section 6.1(5)
of the Zoning Ordinance to provide for leather tack and shoe repair shops as a
principal permitted use in the Agricultural District,the Commission voted to
forward a recommendation of denial to the Board of County Commissioners based
upon the staff's recommendation.The motion was made by Mr.Bache,seconded by
Mr.Herbst,who stated for the record that while he did not attend the public
hearing,he has read the transcript of the proceedings.So ordered.
C.1.P.Status:
The Executive Director reported that the Capital Improvements Program has been
completed and is scheduled to be presented to the Board of County Commissioners
during their regular meeting on April 14.
Annual Report:
The final version of the Annual Report for 1980 was distributed to the Planning
Commission.The Annual Report of the Commission was submitted to the County
Commissioners along with the Budget for the coming fiscal year on March 24.
Work Program:
The work program for staff activities for FY'81-82 was discussed.It was the
concensus of the Commission that a work schedule be coordinated between the Ex-
ecutive Director and the Chairman to satisfy the requirements of the Chairman.
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Letter to Health Department:
It was the concensus of the Commission that a letter be sent to Dr.Neill of
the Washington County Health Department to reiterate the concerns expressed
in correspondence to that agency dated September 4,1980 in regard to existing
standards used by the Health Department in determining the necessity of a
geohydrologic study for subdivisions.No response to the original request has
been received.
Letter to Mayor and Council of Hagerstown:
The Commission agreed that a letter to the newly elected officials of the City
of Hagerstown prepared for the Commission Chairman's signature would be in
keeping with the Commission's endeavors to keep the municipalities advised and
informed of the implications of the adopted Comprehensive Plan.The letter will
also request an opportunity to make a presentation to them in this regard.
ADJOURNMENT:
The meeting was adjourned at 9:40 P.M.followed by an Executive Session.
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William E.Wolford,Jr"lchal~
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The Washington County Planning Commission met in regular session on Monday,May 4,
1981 at 7:00 P.M.in the second floor conference room of the County Office Building.
Present were:Chairman William E.Wolford,Jr;Terrance W.Bache;Linda H.Daniels;
Thomas W.Dwyer;Fred H.Younkins and Charles F.Wagaman.Not present:John C.
Herbst.Staff:Executive Director Jack S.I!awbaker;James B.Witherspoon,Senior
Planner;Catherine T.Thompson,Associate Planner;Stephen T.Goodrich,Assistant
Planner;and Marion Snyder,Secretary.
The Chairman called the meeting to order at 7:00 P.M.
MINUTES:
Corrections and additions to the minutes of the meeting of April 6,1981 were
noted as follows:Page 1,under Roy J.Houser,third sentence,corrected to read:
"Due to a disagreement with an adj oining property owner . ..";typographical
errors on page 2 under Landfill Study Status,first sentence,"'.;.program
will proceed once the scales have been repaired",and".. .stated that the shredder
which.."The Commission voted,on a motion by Mrs.Daniels,seconded by Mr.
Younkins,to accept the minutes of the meeting of April 6,1981 as corrected.So
ordered.
NEW BUSINESS:
Requests for Variances:
Sollenberger-Grove:
A request for a variance was heard as pertains to the 300'distance requirements
between new access points on a Major Collector road (Maugans Avenue).The existing
service station is under contract for sale and is proposed to be subdivided with
1.6 acres remaining for which the new access is being requested.The owner has
no plans for development of the remaining acreage at the present time.The staff
report indicated that existing accesses to the east and west,traffic flow and
sight distance would not justify the proposed new access and recommended denial.
A motion was made by Mrs.Daniels to deny the request based upon the findings of
the staff report and no basis for the request under Section 107 of the Subdivision
Ordinance.An amendment to the motion was offered by Mr.Wagaman that would provide
the developer an opportunity to work out a proposal for dual access for both parcels.
The motion was voted upon as acceptably amended by Mr.Wagaman and carried.So
ordered.
Charles Ruch
Michael Szabo:
Withdrawn.No action necessary.
A request was heard on behalf of Mr.Szabo for consideration of a variance to the
requirements of the Subdivision Ordinance as pertains to creation of a lot without
twenty-five foot of road frontage.The staff report pointed out that access is
proposed via a private lane which presently serves three existing dwellings and is
a through connection between Md.Route 66 and the Clingan-Ridenour Road.
The Commission voted,on a motion by Mr.Wagaman,seconded by Mr.Bache,to grant
the variance request as proposed under Section 107 of the Subdivision Ordinance
provided that a note is placed on the subdivision plat to the effect that the
County will be absolved of all responsibility for building or maintaining the
private right of way which provides access.So ordered.
Subdivisions and Site Plans:
Towne Oak Village,Phase I -Preliminary Plat and Site Plan:
The staff report for the Phase I,6.58 acre town house development pointed out
that the parcel has been rezoned for mUlti-family residential \RM)use from the
Agricultural District.A concept plan which was revised since the concept plan
was submitted at the time of rezoning was the subject of a preliminary consul-
tation held on April 21.Agency representatives in attendance agreed that
preliminary approval could be granted since there were no major changes from
the originally submitted concept plan which would affect the Phase I development.
10
The staff report recommended that preliminary approval be granted with the
priviso that changes be made prior to final approval having to do with a walkway
to connect with the bus waiting area and correction of site data.
The Commission discussed the points raised at some length and expressed con-
cern,especially as pertains to open space ratio and equipment to be placed
in the tot lot areas,walkway connections,maintenance agreements,configuration
of lot sizes to provide for garages and parking,mail delivery and trash pick-up.!
The Commission then voted,on a motion by Mr.Bache,seconded by Mr.Wagaman,
to grant preliminary approval to the plat and site plan for the Towne Oak,
Section A,Phase I development,subject to the following specifics:
1.Assurance of adequate parking in the form of a statement On the
preliminary plat and site plan.
2.Provision for maintenance of common open space in the form of a
statement On the record plat.
3.Requirement for access or walkways between units to connect
streets and common open space.
4.Provision of amenity package to include playground equipment
recommended by the developer.
5.Provision of walkway to bus area as recommended by the staff.
6.A letter from the developer substantiating the statement on
the plat concerning trash pick-up and mail delivery.
So ordered.
The staff also commented on the concept plan for the entire development relative
to the distribution of open space,the pedestrian systems,comments in regard to
steep slopes,sewer allocation inadequate for planned units,traffic problem
as per comments of the County Engineer and possible future extension to Halfway
Boulevard which would require that another development plan be submitted.The
staff suggested that the Commission should possibly become involved is such
developments at the preliminary consultation stage.
Homewood Retirement Center,Phase I -Site Plan:
The staff report indicated that all recommended changes to the site plan have
been made and that the Board of Zoning Appeals has granted a variance to allow
the number of parking spaces to be reduced to 1.5 per unit instead of the 2
spaces required by the Zoning Ordinance because of the nature of the development.
All letters of approval from approving agencies have been received:;however,the
file did not contain approval letter from the State Highway Administration.
The Commission voted,on a motion by Mr.Wagaman,seconded by Mrs.Daniels to
grant approval of the site plan contingent upon the State Highway Administration's
letter of approval being substantiated for the file by the Zoning Administrator.
So ordered.
Antietam Paper Company -Revised Site Plan:
A revised Site Plan for Antietam Paper Company was brought to the attention of
the Commission for their consideration.The staff pointed out that the only change
to the plan which was previously approved by the Commission in May of 1980,was
to show public water service to Oakmont Drive.
On a motion by Mr.Bache,seconded
the revised Site Plan as proposed.
by Mr.Wagaman,the Commission voted to approve
So ordered.
Seventh Day Adventists -Concept Plan Revision:
A preliminary consultation was held for the revision to the concept plan for the
Seventh Day Adventists development on April 9,after which the staff felt that
the Commission should review the proposal because of the large size of the
development,number of -lots to be served and reservations expressed by agency
repIDesentatives at the consultation meeting.
The Commission devoted considerable time to the review of the concept plan relative
to all pertinent data such as environmental constraints,impact on capital pro-
gramming,and relationship to governing policies and ordinance regulations.It
was the con census of the Commission that the plan as presented is not consistent
with the adopted Comprehensive Plan for the County.The Commission did not make
any recommendations for subsequent alternative action on the part of the developer.
11
Paul N.Crampton -Simplified Plat:Withdrawn.No action necessary.
Agricultural District Application:
Harry L.Toms -AD-8l-2:
Following staff review of an application for establishment of an Agricultural
Land Preservation District submitted by Harry L.Toms (AD-8l-2),the Commission
voted,on a motion by Mrs.Daniels,seconded by Mr.Dwyer,to accept the
application and to forward a recommendation of approval to the Board of County
Commissioners on the basis that it does not conflict with the policies of the
adopted Comprehensive Plan.So ordered.
OTHER BUSINESS:
Comprehensive Plan Strategy:
Due to the lateness of the hour,the Comprehensive Plan Strategy discussion was
postponed until the next meeting.
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ADJOURNMENT AND FUTURE MEETINGS:
The meeting was adjourned at 10:10 P.M.
meeting will be held on Monday,June 1.
for Monday,June 8.
The next regular Planning Commission
A rezoning public hearing is scheduled
JiLLw\X do"
William E.Wolford,
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The regular meeting of the Washington County Planning Commission was held on
Monday,June 1,1981 at 7:00 P.M.in the second floor conference room of the
County Office Building.
Present were:Chairman William E.Wolford,Jr.;Vice Chairman John C.Herbst
arriving at 7:20;Michael Barnhart;Jack Byers;Linda Daniels;and Charles F.
Wagaman.Not present:Thomas W.Dwyer.Staff:Executive Director Jack S.
Hawbaker;Senior Planner James B.Witherspoon;Catherine T.Thompson,Associate
Planner;Stephen T.Goodrich,Assistant Planner;William Stachoviak,Parks Plan-
ner;and Marion Snyder,Secretary.
The meeting was called to order at 7:00 P.M.
The Chairman introduced the newly appointed Commission members,Michael Barnhart
and Jack Byers,replacing Fred Younkins and Terrance Bache,respectively.
MINUTES:
On a motion by Mrs.Daniels,seconded by Mr.Wagaman,the Commission voted to
adopt the Minutes of the meeting of May 4,1981 as presented.So ordered.
NEW BUSINESS:
A.Requests for Variances Under Section 107:
Dr.Charles Ruch:/
-Russell Townsley,Fox and Associates,representing Dr.Charles Ruch,appeared
before the Commission requesting a variance to the requirements of the Subdi-
vision Ordinance to create a lot without the required 25'of public road
frontage,utilizing an existing lane to provide access.It was stated that to
create another drive adjacent to the existing driveway owned by Mr.Leary would
further aggravate a possible safety hazard because of sight distance.The file
contains a letter from Mr.Leary stating his agreement to the shared driveway
access.
On a motion by Mrs.Daniels,seconded by Mr.Wagaman,the Commission voted to
grant approval to the request for a variance as proposed with the provision that
a stipulation be contained in the deed that no further subdivision of the 12 acre
parcel shall take place without public road access.So ordered.
Harvey Sanders &Emma J.Carbaugh -Sally M.Marcengill:
The above referenced items to be considered under Section 107 were brought to the
Commission by the staff for clarification of the pOlicy under Section 405.1l.B of
the Subdivision Ordinance for administrative approval because of the large number
of variance requests received where conveyances to immediate family members are
proposed to be served by private lanes which are in multiple ownership.
Harvey Sanders &Emma J.Carbaugh:
The variance request is to create a lot without the 25'required public road front
age for conveyance to an immediate family member.The staff report indicated that
the landlocked parcel is prop0sed to be provided access via a private lane,ownership
of which is split up among several surrounding property owners.The lane currently
provides access to five dwellings.The subject property is also under consideration
of a variance request by the Board of Appeals for relief from the 3 acre requirement
of the Conservation District.The proposed lot and the parcel that would be re-
maining ar£separated by an abandoned railroad right of way which has since revert,
back to the original landowner,Mrs.Carbaugh..
A motion was made by Mr.Herbst and seconded by Mr.Byers to grant the request as
proposed.No vote was taken by the Commission,however,pending further discussion.
Sally M.Marcengill:
A request for a variance to Section 405.ll.B was heard in which it is proposed to
create a lot without the required 25'of road frontage for conveyance to an immediate
family member.Access to the entire tract is presently across land in National
Park Service ownership.A request was also submitted to consider release from
the stipulation that requires the immediate family member to whom the lot is to be
conveyed to retain ownership for a period of five years.The reason given was the
possibility of a future job transfer.
Sally M.Marcengill,cont'd:
A motion was made by Mr.Wagaman to waive the
road access owned in fee because there exists
right of way.The motion was seconded by Mr.
requirement.that there be a 25'
an equivalent access owned in
Byers.So ordered.
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In regard to the second variance request,the Commission agreed that consideration
of the request for a waiver to the 5 year ownership statement could be brought
before the Commission if and when such action should become necessary.
Carbaugh:
The Commission,having delayed action on the Sanders-Carbaugh request,further
discussed the variance as it would affect other properties now being served by the
subject private lane.The Commission expressed concerns pertaining to possible
future development of the subject parcel and adjoining properties,retention of
sufficient right of way width for possible future widening of the road,the con-
gestion already existing,and arrangements between the property owners for maintanance
of the road.
It was agreed that action on the motion to grant approval of the variance be post-
poned until June 8,and be considered as a special order of business following the
scheduled public hearing for that date,which would allow sufficient time for the
Commission to visit the site prior to making a final decision.So ordered.
The Commission discussed the points raised by the staff in regard to clarification
of the policy of Administrative approval of transfers of parcels without public
road access where the private right of way is shared by multiple owners.The Com-
mission concluded that the staff should continue to grant Administrative approval
as applicable to the provisions of Article 405.ll.B,bringing plats to the Commission
wnen there are three dwellings served by a shared private access,and in cases where
there are any unusual circumstances.
Subdivisions:
Carl J.Zello,Parcels 1,2,and 3 -Preliminary and Final:
After hearing the staff report which indicated that all necessary agency approvals
have been received,the Commission voted,on a motion by Mr.Wagaman,seconded by
Mr.Herbst,to grant preliminary and final approval to the plat as proposed.So
ordered.
Conococheague Manor,Section 'B'-Preliminary and Final:
The staff report indicated that all recommended changes have been made and the
necessary agency approvals have been granted.It was noted that a variance to
permit use of an 825'cul-de-sac had been granted by the Commission in April.
On a motion by Mr.Wagaman,seconded by Mrs.Daniels,the Commission voted to
grant preliminary and final approval to the plat for Section 'B'of Conococheague
Manor as proposed.So ordered.
Ina S.Warrenfeltz -Preliminary:
The staff report for the 3 acre commercial development which fronts on Robinwood
Drive indicated that the development is to be used for a community recreational
center to include a swimming pool.This particular use is listed in the Zoning
Ordinance as a principal use in the Agricultural District.(Sections 6.l(g)and
6.2(t)of the Zoning Ordinance are currently being proposed for revision to
establish a swimming pool use as either a principal or special exception use).
Water and sewer service is to be provided by wells and septic systems but the area is
classified as W-l and S-5 in the Water and Sewer Plan.The file contains comments
by the Health Department relative to water supply.Water and sewerage service hook-
up is available provided the developer is willing to bear the cost of the connections.
The Health Department letter indicates conditional approval based upon the scale
and use of the parcel and the fact that the pool is planned to serve 250 persons
which is in accordance with State standards.It was recommended that a note be
placed on the site plan relative to failure of the pool system.The staff
pointed out that there is an itemized list of conditions in the Sanitarian's letter
which have to be met prior to Health Department approval.The staff expressed some
dissatisfaction with the wording of the conditional approval of the Health Department
but also stressed that the requested changes are minor and would not necessitate any
changes in lot lines.The plat file contains all other letters of approval.
14
Ira S.WarrenfeIts,cont'd:
The staff pointed out that the file contains a letter of agreement pertalnlng to
the disposal of water should the pool need to be emptied for repairs.A note
has been placed on the plat as relates to screening south of the parking areas
per Zoning Ordinance requirements;the developer has also agreed to a right of
way across the property for future extension of sewer lines.The staff also
recommended that the developer be notified that because of the existing driveway
to the northeast on the Warrenfeltz property,that no additional access could be
permitted off Robinwood Drive.
The Commission voted,on a motion by Mr.Wagaman and seconded by Mr.Herbst,to
grant Preliminary Approval subject to compliance with requirements of the Health
Department,a letter to the developer advising that no further access would be
available to him from Robinwood Drive,and
plat referencing the number of people using the pool at anyone time.So ordered.
Wanda J.Allenback -Preliminary and Final:
The staff report for the 35.2 acre subdivision located on Itnyre Road indicates
9 residential lots proposed for subdivision.Lot 9 has an existing dwelling.
Lots 3 and 4,6 and 2,and 7 and 1 each share a common driveway entrance.All
agency letters of approval are contained in the plat file.
On a motion by Mr.Herbst,seconded by .Mr.Wagaman,the Commission voted to grant
Preliminary and Final plat approval with the condition that joint use accesses
are utilized between the existing road and the future right of way line on lots
3 and 4,6 and 2,and 7 and 1.So ordered.
Towne Oak Village,Clarification of Preliminary Approval:
It was brought to the attention of the Commission that the Towne Oak Village,Phase I
subdivision and site plan has been revised since action taken by the Planning Com-
mission at the regular meeting of May 4.The staff requested that the Commission
review for clarification,the revisions that have been made as they relate to the'
points raised in the discussion of the conditional preliminary approval that was
granted on that date.The points for clarification are:Number of parking
spaces,walkway relocation,and mail pick-up.Because of topography,13 of the
units are unable to have basement garages and additional parking spaces will have
to be provided to meet Ordinance requirements.It was suggested that the drive-
ways be widened in these units to allow for dual parking.The relocation of the
walkways resulted in a portion of'some of the yards being infrinJed upon and the
developer was asked to verify with the postal service approval of the method of
mail pick-up as proposed.Mr.Townsley,representing the developer,stated that
the owner was willing to work out the details of these questions to the satisfaction
of the Planning staff.
The Planning Commission concurred with the staff suggestion that the above concerns
should be worked out by the developer and his engineer to the satisfaction of the
staff and asked that Phase 2 of the development be brought back to the Commission
for review at the July 6 meeting.
OTHER BUSINESS:
Comprehensive Plan Strategy:
Copies of a memorandum to various agency and department heads who would have impl
mentation in areas of the priorities as set forth in the adopted Comprehensive P~
were distributed for the information of the Commission.It was requested that t~
Commission endorse the worksheet listing the o~der of priorities,recognizing tha
they may have to be changed.
Following discussion of procedures which would be required by members of the Com-
mission and staff,the Commission,by concensus,adopted the format for Comprehensive
Plan Strategy,with the understanding that items listed may be reprioritized.The
first workshop meeting was tentatively scheduled for July 13.It was also requested
that the worksheets be forwarded to the City of Hagerstown and all County munici-
palities for informational purposes.
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Population Projections:
A draft paper for a method for estimating the geographic distribution of population
projections for Washington County was distributed by the staff and brieflY discussed.
Such projections will be utilized in estimating future population change,as a basis
for need for grant proposals within limited geographical areas,and to plan for
public facilities and services.The staff asked for endorsement of the method and/or
comments relative to any changes that could be utilized.
The Commission agreed that the staff should proceed with the method as has been
outlined and discussed.
Traffic Counts:
For the information of the Commission,the staff distributed and discussed traffic
counts which were taken at 5 existing residential developments for the purpose of
determining appropriate factors for daily trips per dwelling unit.The information
will be utilized in reviewing proposed development in regard to traffic impact.
The study,which has been undertaken by the Roads Department,is expected to be
completed this summer.
Park Planning:
Reporting on the status of Park Planning,the staff stated that the questionnaire
survey for the eastern and western sections of the County has been completed but
not yet tabulated.A report is expected to be presented at a later meeting.The
metropolitan area will be undertaken with the cooperation of the City of Hagerstown
and a meeting with the City Parks Board will be held to get the study underway.
It is expected that the study will be completed early next year.
ADJOURNMENT:
The meeting was adjourned at 10:05 P.M.The next regular meeting is scheduled for
July 6.A rezoning public hearing is to be held June 8,at 7:00 P.M.in Court Room
#1 and a tentative date for a workshop has been set for July 13.
June 8,1981
Special Order of Business Following Public Hearing:
Harvey Sanders and Emma J.Carbaugh:
At the regular meeting of June 1,1981,a variance request was heard on behalf of
Emma J.Carbaugh and Harvey Sanders to allow creation of a lot without public road
frontage.A motion was made by Mr.Herbst,seconded by Mr.Byers,to grant approval
to the request as proposed.No vote was taken by the Commission pending field
inspection of the site.
The Chairman reiterated the above motion and opened.the matter for discussion.
Following a brief discussion relative to existing development ort the site and the
proposed placement of the mobile home on the lot should the request for a variance
be approved,the Chairman stated that there was a motion on the floor and called
for a vote by the Commission.Those voting in favor:John Herbst voted "Aye".
Voting "No",Linda Daniels,Michael Barnhart.The motion to grant the request for
a variance was denied.So ordered.
,I ·£ta~r,0J~A'"
William E.Wolford,Jr
16
The regular meeting of the Washington County Planning Commission was held on Monday,
July 6,1981 at 7:00 P.M.in the second floor conference room of the County Office
Building.
Present were:Chairman William E.Wolford;Vice-Chairman John C.Herbst,arriving at
7:20;Michael Barnhart,arriving at 7:20;Jack B.Byers;Thomas W.Dwyer;and Charles
F.Wagaman.Not present:Linda H.Daniels.Staff:Executive Director Jack S.Haw-
baker;James B.Witherspoon;Stephen T.Goodrich;and Marion L.Snyder.
The meeting was called to order by the Chairman at 7:00 P.M.
MINUTES:
The Minutes of the meeting of June 1,1981,including the final action taken following
the public hearing on June 8,1981,were approved as presented on a motion by Mr.
Wagaman,seconded by Mr.Byers.So ordered.
UNFINISHED BUSINESS:
Towne Oak Village,Section A,Preliminary,Final,and Site Plan Approval:
The staff,reporting on the status of Section "A"of Towne Oak Village,stated that
some of the lots have been enlarged to provide the necessary parking spaces to units
which do not have basement garages.All other details have been worked out to
satisfy staff and agency concerns with the exception of a letter of approval by the
Sanitary District.The staff recommended that approval be granted subject to final
approval by the Sanitary Commission.So ordered.
On a motion by Mr.Wagaman and seconded by Mr.Dwyer,the Commission voted to grant
Preliminary and Final approval to the subdivision plat and to the Site Plan for
Section A of Towne Oak Village subject to final approval by the Sanitary Commission.
So ordered.
OTHER BUSINESS:
Mr.Virgil Leimer,newly appointed Superintendent of the Antietam National Battlefield,
was in attendance at the meeting for the purpose of meeting the Commission members and
expressing his desire to assist the Commission in every way possible.The Chairman
thanked Mr.Leimer for his interest and gave assurance of full cooperation by the
Planning Commission in matters of mutual concern as has been the policy in the past.
NEW BUSINESS:
Subdivision Plat:
Fred N.Drury,Sr.,Lots 2,3,and 4 -for Preliminary and Final Approval:
The staff report indicated that the three lot subdivision on the west side of Walnut
Point Road has been.revised to add a note in regard to grading requested by the County
Engineer,revised configuration of the septic area on Lot 2,requested by the Health
Department,and a request for a relocation of the septic area to allow 100'clearance for
adjacent wells,also requested by the Health Department.It was noted that approval
by the State Highway Administration was not required according to their agent.All
necessary approvals have been received for the file.
On a motion by Mr.Wagaman and seconded by Mr.Byers,the Commission voted to grant
Preliminary and Final Approval to the subdivision plat file for Fred N.Drury,Sr.,
Lots 2,3,and 4.Application #081044.So ordered.
Site Plan:
Rockdale Quarry -H.B.Mellott Estate,Inc:
The Executive Director explained that an application has been received for an expansion
of activities at the Rockdale Quarry operation.Citizens of the Rockdale Road area
have expressed serious concerns relative to the quarry operation as pertains to Section
15.3 of the Zoning Ordinance and have been invited to attend the meeting in the interest
of informing them of the function of the Planning Commission and appeal process should
either of the parties concerned be aggrieved by the Planning Commission's action either
in approving or disapproving the application.The staff report indicated that the
64 acre site was issued the original permit in 1976 for approximately a 16 acre area
to be excavated.In September of 1980 the Planning staff approved a simplified plat that
provided an alternative 60'access in fee.In reviewing the plan,the staff felt that
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additional information was needed to insure that the terms of Article 15 of the
Zoning Ordinance were met,specifically the performance standards in regard to
the requirements of paragraphs a and b relative to air pollution and vibration
and also projected timing and methods for reclamation of the project once it is
abandoned.To this end,representatives of the firm of Richard E.Wright,Inc.
were invited to make apresentatioR on behalf of their client and Mr.Carl Boyer,
Staff Geologist of Wright and Associates,Allen Foster of Vi bra-Tech,and Mr.
Conrad,attorney for Mr.Mellott were introduced.
Following a detailed presentation by Mr.Foster in regard to seismic monitoring of
blasting velocities between October of last year and Febru~ry of 1981 and Mr.Boyer's
presentation and discussion of reclamation plans and fencing of the area at such
time that the operation is abandoned,Mr.Ralph France,representing the Conococheague
Community Association,spoke on behalf of the Rockdale Road area residents and presented
evidence which alleges damages to property caused by blasting operations at the quarry.
It was pointed out that a suit had been filed in Circuit Court by the Association
requesting an injunction to stop the blasting.A demurrer has been filed by Mr.Mellott
and at the present time the suit is at a standstill.
Other matters brought forward by the Rockdale Road citizens were concerns relating to
water quality,capability of the Rockdale Road to handle traffic from the operation,
environmental impacts,particularly to a cave situated on the Schetromph property and to
a watercress farm in the area,and the effect of blasting on horses being boarded in
the vicinity.
It was suggested by Mr.Wagaman that the Commission defer a decision on the permit
application until such time that the arbitration process has been concluded.
The Executive Director pointed out that the Commission was required by law to take
action on the application within 60 days after it has been submitted unless the
applicant would be agreeable to a waiver of this requirement.After consulting with
his client,Mr.Conrad indicated that this action would be acceptable.
Based upon the proceedings that have been discussed,a motion was made by Mr.Wagaman
that with the applicant's consent and approval,a request be made to waive the require-
I ment of Section 24.2(e)of the Zoning Ordinance pending a decision on the four property
damage claims that are presently pending before arbitration panels.Notification to
the Planning Commission of the arbitration results will have to be received after
which time the Planning Commission will consider the application within thirty days.
It was also noted for the record that the applicant has agreed to these terms.The
motion was seconded by Mr.Byers and unanimously carried.
OTHER BUSINESS:
Park Planning Status:
For the information of the Commission,a memorandum was distributed from William Stacho-
viak,Park Planner,to Joseph Widmyer,Director of the Department of Parks and Recreation,
on the site description and other factors in the evaluation of the Dargan park site.
The survey for the central portion of the County is proceeding on schedule and the
staff is in contact with the Parks Board and has scheduled meetings with the involved
municipalities.It was also suggested by Mr.Wagaman that the Commission may want to
contact the newly appointed Agricultural Fair Organization.
Hazardous Waste Siting Status:
The Executive Director discussed a map which has been circulated by the Maryland Environ-
mental Service showing areas which have not been excluded from the study which has been
underway throughout the State for a hazardous waste disposal site.
The Commission asked the staff to contact the Maryland Environmental Service to obtain
more background material as to what specific criteria is being used to
determine the selection of a site and also ask that that department make a joint
presentation to the Planning Commission,County Commissioners,and elected officials of
the County.
18
OTHER BUSINESS,CONT'D:
State Development Council Status:
The Executive Director reported that the proposal for a State Development Council
which is being prepared by the Department of State Planning has been reviewed and evaluate,
by the staff and responded to.There will be a public hearing in Frederick after which
the State will be going to Step II-Implementation,with the expectation that the
document will be sent to the Governor by September.
1982 C.LP.
The Executive Director reported that the Review Committee for the Capital Improvements
Program has met with each department and agency responsible for submitting projects to
be included in the six year budget and after making some cuts,submitted it to the
County Commissioners for their review.The County Commissioners,after making some
further changes,have adopted the 1982 Capital Improvements Program.
Geohydrologic Study Status:
The Executive Director reported that a written report is expected to be presented by the
consultant,Richard E.Wright and Associates by July 17.At that time,a water quality
evaluation of the three prototype areas will be discussed,along with a list of alternativ,
septic system types compatible with the environment of the County.The results of the
study will be a recommended ordinance to prescribe the exercising of judgement on site
specific cases.It is expected that the study will be completed by October 1.
ADJOURNMENT:
The meeting was adjourned at 10:00 P.M.on a motion by Mr.Dwyer,seconded by Mr.
Wagaman.So ordered.
MEETINGS:
The special meeting on July 13,will be concerned with the Comprehensive Plan Implemf
tation Schedule and the Rezoning Cases which were heard on June 8.
I IJk'(7d--U.!,~..'VV"2-.Wtr
William E.Wolford,Jr
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A Special Meeting of the Washington County Planning Commission was held on Mondl~
July 13,1981 at 7:00 P.M.in the second floor conference room of the County
Office Building.
Present were:Chairman William E.Wolford,Jr.;Vice Chairman John C.Herbst;
Michael D.Barnhart;Jack B.Byers;Linda H.Daniels;Thomas W.Dwyer;and Charles
F.Wagaman.Staff:Jack S.Hawbaker,Executive Director;James B.Witherspoon,
Senior Planner;Stephen T.Goodrich,Assistant Planner;and Marion Snyder,Secretary.
The meeting was called to order at 7:00 P.M.
Comprehensive Plan Implementation Schedule:
As a result of a meeting with the City of Hagerstown and resulting from discussion
with the Planning Commission at the last meeting,an outline schdule for priority
,,~'Project items dealing with Growth Areas was presented by the staff.The
staff proposed to 1)present the Comprehensive Plan to the Mayors and Councils of
Funkstown and Williamsport and discuss the concept of a study committe~for the
Urban Growth Area,2)meet jOintly with the Planning Commissions of Hagerstown,
Williamsport and Funkstown to discuss issues to be dealt with by the committee
and prepare a composite list of issues,and 3)present the composite list of issues
to the County Commissioners and Mayors and Councils of the involved municipalities
and ask the County Commissioners to appoint a study committee.
The Commission discussed the schedule for the Priority "A"project and the proposed
time sequence for completion of the work.The staff will be developing a time frame
and agenda prior to the next meeting with the municipalities and outline the tasks
to be performed by the committee in more detail.It is proposed that the work com-
mittee til.be appointed by the County Commissioners be composed of persons representative
of the involved municipalities who are familiar with growth related issues.
The Commission concurred with the staff's proposal relative to time sequence as
outlined for the Priority "A"project and issues to be addressed and asked that
specific recommendations be presented as agenda items in the initial joint meeting
with the City of Hagerstown to discuss the tasks that are to be undertaken by the
study committee.It was also proposed that the study committee be composed of
one member from each of the involved municipalities,two or three members at the
County level,with the committee chaired by a Planning Commission member,and
reporting periodically to the Planning Commission.
Also discussed was the possibility of preparation fora seminar on P.U.D.
techniques for Commission members,staff,and consultants as a basis for the
review of the PR section of the Zoning Ordinance to exand the PUD concept.The
staff estimated that it would take about six months to prepare for the seminar.
REZONING CASES FROM JUNE 8,1981 HEARING:
For the Record:(Amended,August 3,1981)
Mr.Wagaman stated that he would abstain from voting on the recommendation for
Case #RZ-229 because of a possible conflict of interest.Mr.Byers,while not
in attendance at the public hearing on June 8,had reviewed the case files and
public hearing transcript.Mr.Dwyer did not attend the public hearing nor review
the transcribed proceedings and therefore disqualified himself as a voting partici-
pant in the ca~es under consideration.*The conflict has since been removed because
the client's proposal was not successful.
Case No.RZ-226 -RM to BL for Paul N.Crampton:
On a motion by Mrs.Daniels and seconded by Mr.Herbst,the Commission voted to
forward a recommendation to the County Commissioners that the application for a
map amendment be denied based upon the findings of fact contained in the staff
report and recommendation.Voting "Aye",Barnhart,Byers,Wagaman.Dwyer not
participating.So ordered.
Case No.RZ-227 -P to RS for Harold E.Coble and R.Lee Downey:
On a motion by Mr.Herbst,seconded by Mr.Byers,the Commission voted to forward
a recommendation to the Board of County Commissioners that the application for a
map amendment be approved based upon the recommendations of the staff.The motion
carried with Mrs.Daniels voting "No".Voting "Aye",Barnhart and Wagaman.Dwyer
not participating.So ordered.
20
Case No.RZ-228 -C to A for St.James School:
The Commission voted,on a motion by Mrs.Daniels and seconded by Mr.Herbst,to
forward a recommendation of approval to the County Commissioners for the application
for map amendment as proposed based upon the staff report and recommendation.Motion
carried with Barnhart,Byers,Wagaman voting "Aye".Dwyer not participating.
Case No.RZ-229 -RS to BL for Joseph N.Rowe,Broker for Penn Central RR:
A motion was made by Mr.Byers and seconded by Mr.Herbst,to recommend to the
County Commissioners that the applicant's request for a map amendment from RS to
BL be granted as proposed because of a mistake in the original zoning classification.
The basis for this recommendation is that the configuration and location of the land
is inappropriate .for residential use.Following discussion relative to the finding
of fact in the staff's recommendation,the question on the motion was called.
Mr.Barnhart and Mrs.Daniels voted in opposition to the motion.Mr.Wagaman abstained.
Mr.Dwyer not participating.The motion carried with Mr.Wolford casting his vote
in support of the motion.So ordered.
ADJOURNMENT:
The meeting was adjourned at 8:55 P.M.followed by a brief Executive Session.
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The regular meeting of the Washington County Planning Commission was held on
Monday,August 3,1981 at 7:00 P.M.in the second floor conference room of
the County Office Building.
Present were:Chairman William E.Wolford,Jr.;Michael D.Barnhart;Jack S.Byers;
Thomas W.Dwyer;and Charles F.Wagaman,Jr.Not present:John C.Herbst and
Linda H.Daniels.Staff present:Executive Director Jack S.Hawbaker;Senior
Planner James B.Witherspoon;Associate Planner Stephen T.Goodrich;Park Planner
William Stachoviak;and Marion Snyder,Secretary.
The meeting was called to order by the Chairman at 7:00 P.M.
MINUTES:
The Minutes of the regular meeting of July 6,1981 were approved and accepted as
presented on a motion by Mr.Dwyer and seconded by Mr.Byers.So ordered.
Mr.Wagaman voted to approve the minutes of the Special Meeting of July 13,1981
with an addition in regard to Rezoning Case No.229 that since his client has not
been successful in his propasal for the 'tract ,there no longer exists a conflict
of interest.The motion to approve as amended was seconded by Mr.Byers.So
ordered.
NEW BUS INESS :
Terhane Group--Zoning Matter:
Correspondence between Terrance W.Bache,President of Terhane Group,Inc.,and
Paul Prodonovich,Zoning Administrator,was placed on the floor for discussion
relative to the requirements of Article 4,Section 4.2 and Article 24,Section
24.2(a)of the Zoning Ordinance.Mr.Bache stated that concerns have been raised
by members of the Homebuilder's Association in regard to denial of a zoning request
for the conducting of business in a residential district to permit the use of a
model home as an accessory business use.Mr.Bache asked the Commission to
establish guidelines whereby the intent of the Zoning Ordinance can be clearly
defined in the administration of its requirements and conditions in this regard.
Following discussion with both Mr.Bache and Mr.Prodonovich pertaining to the
above matter and recognizing that procedure for this particular situation would
be to the Board of Zoning Appeals,the Commission asked the staff to research the
pertinent sections of the Zoning Ordinance and come back to the Commission at a
later date,prior to the next rezoning cycle,with a proposal for an amendment to
the Zoning Ordinance as it would relate to the issue of model homes and the conduct
of business out of model homes.
Subdivisions:
Sollenberger/Grove,Preliminary and Final Approval:
The staff report indicated that the subdivision plat had been the subject of a
variance request on the Commission's agenda for the May meeting and was denied
a variance to the 300 foot distance requirement with the recommendation to util-
ize a dual access for both parcels.The proposal has satisfied all necessary
requirements for approval of the residential lot.In responding to an inquiry
in regard to the possibility of the parcel being utilized as a restaurant and
truck stop,Mr.Mauk,representing the developer,stated that there were no
plans at the present to develop the lot for other than residential use.For the
record,the Executive Director pointed out that the proposal would become subject
to further Commission review should it be resubmitted for commercial use.
On a motion by Mr.Wagaman and seconded by Mr.Dwyer,the Commission voted to
grant Preliminary and Final Approval to the plat file application for the
proposed residential lot.So ordered.
Trinity Church of God,Preliminary and Final Approval:
Following the staff report which indicated that changes had been made to the
plat to satisfy conditions for approval by the Health Department,County Engineer,
and informational comments by the State Highway Administration,the Commission
voted to grant approval on a motion by Mr.Wagaman and seconded by Mr.Byers.
So ordered.
22
concept Plans:
Seventh Day Adventists:
For the purpose of discussion and recommendations by the Commission the staff
presented the third concept plan for development of the 560 acre tract at Mt.
Aetna Road and Md.Rt.66 into 69 residential lots.Items discussed were comments
received at a preliminary consultation for agency review on July 23,relative to
improvements to Mt.Aetna Road,length of cul-de-sacs within the development,
drainage problems,impact on groundwater quality and quantity,discharge of
pollutants into Beaver Creek which may produce a detrimental effect to the Beaver
Creek Trout Hatchery,and waste of the prime agricultural land.
The staff presented a layout which suggested a small portion of the tract
utilized for clustering of lots and recommended that the developer seek
formation of an agriCUltural preservation easement for the majority of the
remaining land.
Following discussion of the various ways in which the cluster concept might
be developed,the Commission recommended to the developer that he further
explore this concept to whatever extent the land could be developed,leaving
as large a portion of the land in agriculture as possible keeping in mind
what may be required to meet the specifications of the approving agencies
involved.
"The Woods",Concept Plan:
The Concept Plan for "The Woods"was brought to the Commission for discussion
-because of the size of the proposed development and its impact on Plan policies.
The 103 lot residential subdivision is proposed to be served by existing off-site
wells and on-site individual septic systems.The 71.35 acre tract situated off
Alternate Route 40 in the vicinity of the Town of Boonsboro will be the subject
of a preliminary consultation in the near future.
The Commission expressed concerns relative to the private water system and the
structure of the organization to maintain it and asked that the possibility of
a connection to the Boonsboro water system be investigated during the preliminary
consultation with the staff for a report back to the Commission at a subsequent
meeting.
OTHER BUSINESS:
Physioc Subdivision:
The Executive Director brought to the attention of the Commission a violation of
the Subdivision Ordinance in that several deeds for property owned by Mrs.Helen
Physioc have been recorded over the past several years without having first been
submitted for approval.Mr.Hawbaker pointed out that he has been in contact with
the family members and that it was agreed that a subdivision plat for the properties
in question would be submitted through a surveyor.To date,a plat has not been
received.
The Planning Commission directed that the Executive Director proceed to contact
the surveyor for the Physioc Subdivision notifying him that the processing of the
subdivision of these lands is to be carried out immediately in accordance with the
highest standards required by the Washington County Subdivision Ordinance.
Rezoning Cases --Proposed Text Amendments:
Upon consideration of a proposed text amendment to the Zoning Ordinance to add a
new paragraph to Section 4.7 to incorporate the adopted Highway Plan into the
ordinance,the Commission asked that this be held until the next rezoning cycle fo~
further review.
The Commission approved the proposed text amendment which would delete Section
6.2(t)from the Zoning Ordinance.
The Commission approved the proposed amendment of Section 19.7 to correct the wording
to refer back to the "RR"District.
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Joint City/County Meeting:
A joint meeting is scheduled to be held on August 12 between the City of Hagerstown
Planning Commission and the County Planning Commission to discuss the formation of
a task force for the Comprehensive Plan Implementation Schedule.The City has also
asked to discuss the problem of access for Section C of Londontowne.
Local Area Certification--Status Report:
For the information of the Commission,the Executive Director reported that a
meeting has been held by the staff with HUD representatives relative to local area
certification.No action was taken pending receipt of a report from HUD.
ADJOURNMENT:
The meeting was adjourned at 10:00 P.M.
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A joint meeting of the Washington County Planning Commission and City of Hagers-
town Planning Commission was held on August 12,1981 in the second floor conference
room of the County Office Building.
Present were:County Planning Commission:William E.Wolford,Jr.,John C.Herbst;
Linda H.Daniels;Thomas W.Dwyer.Hagerstown Planning Commission:Richard Grum-
bacher;Torn Barrett;Henry Stuart;Richard Young.County staff members:Jack S.
Hawbaker;James B.Witherspoon;Catherine Thompson;Stephen Goodrich,and Marion
Snyder.Hagerstown staff:Richard Kautz;David Spinney,and James Libertini.
Chairman William Wolford called the meeting to order and following introduction q£.
all members and staff of both Commissions,explained the purpose of the meeting.\
As a result of an initial meeting between the Planning staff members as pertains
matters relative to the Comprehensive Plan Implementation and agreed upon'by'the \
County Planning Commissirul at their meeting of July 6,an agenda and memorandum
have been prepared summarizing items of mutual concern related to growth manage-
ment as a basis for discussion.
Appointment of Study Committee:
It was the general con census of both groups that the study committee to be appointed
for the Urban Growth Area should consist of 7 members,including 3 county members,
2 from the City of Hagerstown,and one from each of the two involved municipalities.
It was also understood that the staff of both Commissions would be involved in the
Committee's activities in an advisory capacity.
Time Frame:
The time frame and list of issues to be addressed by the study committee was dis-
cussed and ~en~r~lly agr~ed upon as outline~in the memorandum of July 23,recognizing
that the prlorltles as Ilsted must necessarlly be flexible.It is expected that
the end result of the study committee's assignment would be in the form of a series
of issue pa~er~with some form of recommendation on a step by step basis,reporting
t~the C?mmlSSlons durlng ~ach step as a point of information throughout the
tlme perlods allocated for each task assigned.I
I
Mr.Grumbacher stated that he would like the opportunity to discuss the proposal
with the rest of the City Planning Commission as to whether they are willing to
participate and agree upon the method of procedure.It was also recognized that the
task force may recommend that other issues be added or that some of the issues may
not be resolved in the time allocated or that they may not be approached in the
priorities as identified.
It was generally agreed that,following concensus by the City of Hagerstown Planning
Commission that they are going to participate and proceed in the manner outlined,
the County Commissioners and City elected officials be approached to present the
proposal and that the municipalities of Funkstown and Williamsport will be approached
to see if they are willing to participate also.
Londontowne,Section "C":
The matter of access to Section "c"of Londontowne and the potential for further
development of the area in general was discussed.In order to give the developer
direction for procedure in securing approval for the subdivision,the problem of
access must be resolved.It was pointed out that a preliminary consultation was
held with the County staff in October of last year at which time the County Engineer
commented that some improvements to Landis Road would be required.Also discusse,
was the City Planning Commission's concerns in regard to the effect of piecemeal,
development on stormwater management and the lack of a master plan for road con-i
nections to serve the general area.It was suggested that technical assistance
might be provided by the Federal Highway Administration in this regard.Having iden-
tified the problems and areas of concern by both City and County,it was agreed that th
City and County planning staffs would work together to resolve the issues using what-
ever technical assistance might be available in order to present alternatives to be
addressed jointly by both Commissions.
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The regular meeting of the Washington County Planning Commission was held on Sept-
ember 8,1981 at 7:00 P.M.in the second floor conference room of the County
Office Building.
Present were:Chairman William E.Wolford,Jr.;Vice-Chairman John C.Herbst;
Michael D.Barnhart;Jack S.Byers;Thomas W.Dwyer;Charles F.Wagaman,Jr.;
and Donald E.Zombro.Staff:Jack S.Hawbaker,Executive Director;James B.
Witherspoon,Senior Planner;Associate Planner Stephen T.Goodrich;and Marion
Snyder,Secretary.
The meeting was called to order at 7:00 P.M.
MINUTES:
A request from the floor to add to the Minutes of the regular meeting of August
3rd was made by Mr.Physioc who stated that he felt that the minutes did not
accurately reflect the transcript that he had taken from the recorded tape of the
meeting.He requested that the tape be preserved so that he could make a copy.
Noting Mr.Physioc's comment,the Commission agreed to preserve the record tape and
voted to approve and accept the minutes of the regular meeting of August 3,1981
as written on a motion by Mr.Dwyer and seconded by Mr.Byers.So ordered.
After further discussion pertalnlng to the manner in which the minutes of the
regular meeting were approved,a motion was made by Mr.Wagaman,seconded by Mr.
Dwyer,to reconsider the action taken with regard to approval of those minutes.
Unanimously approved.
~motion was then made by Mr.Wagaman,seconded by Mr.Dwyer,to approve the min-
utes of the regular meeting of August 3,1981 without qualification.The motion
carried with Mr.Herbst abstaining because he was not present at the time of the
original discussion.So ordered.
The minutes of the special meeting of August 12,1981 were approved and accepted
as written,on a motion by Mr.Dwyer and seconded by Mr.Barnhart.So ordered.
NEW BUSINESS:
Requests for Variances Under Section 107:
Walter NY."-:
Mr.Nye appeared before the Commission requesting a variance to the requirements of
Section 405.ll.B of the Subdivision Ordinance to create 2 lots of 3 acres each
without public road frontage.The staff report indicated that there are three prop-
erties at this location with access to Maryland Route 66;access for lots D and E
were granted a variance from separation requirements in February of 1979 with the
stipUlation that there be no further development for parcel A until access can be
provided.A replat of parcel E required a Variance because of a mistake in the
Highway Plan (granted April of 1979).A replat of Parcel E provided 12 1/2'fee
simple access to parcel A,with 12 1/2'remaining to serve parcel E.Four property
owners at the location of the proposed subdivision appeared at the meeting in pro-
test of the development of the proposed new lots expressing concerns relative to the
access involved since there is some confusion as to who owns the existing right of
way,and aggravation of already existing drainage problems.
On a motion by Mr.Wagaman,seconded by Mr.Herbst,the Commission voted to defer
a decision in regard to the variance request by Mr.Nye until more information can
be provided on the previously approved subdivisions of land and which access points
have received approval.So ordered.
Mr.Moser,Mrs.Motter,Mr.Moler,and Mr.Schuchman requested that they receive a
copy of the agenda for the Commission meeting at such time that the Commission will
reconsider Mr.Nye's request for a variance.
Samuel Hawbaker:
The staff report for the proposed 2 lot subdivision for which a variance to the
requirements of Section 3l4.l8.K.is being requested,indicated that access is pro-
posed to be provided to 2 of the lots via a right of way over the panhandle lot.
This proposed access coincides with the location specified by the County Engineer
at the time of the original subdivision of the 9.88 acres in September of 1977.
On a motion by Mr.Wagaman,seconded by Mr.Dwyer,the Commission voted to approve
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the variance as proposed,subject to the stipulation that the eastermost and
westermost lots have access by way of the common driveway only,based upon the
topography of the land.So ordered.
Charles H.Kitchen,Sr:
A variance request was considered as proposed by Mr.Kitchen to create a lot
without the required 25'of public road frontage with a right of way proposed
via remaining lands and which serves as a means of access to his shop.An
existing garage adjacent to lot 14 which encroaches on lot 7 is to be relocated.
On a motion by Mr.Wagaman and seconded by Mr.Byers,the Commission voted to
grant the variance as proposed based upon there being no other means of access
available and because lot 14 was in existence prior to adoption of the Subdi-
vision Ordinance.So ordered.
Subdivision:
Ray Kline,Preliminary and Final Approval:
The Commission voted to grant Preliminary and Final Approval to the 4.75 acre
subdivision based upon all agency approvals having been received and site plan
approval as required for the Highway Interchange District.Motion by Mr.Herbst,
seconded by Mr.Wagaman.So ordered.
CORRESPONDENCE:
Letter from Conrad W.Varner -Rockdale Quarry:
Correspondence from Conrad W.Varner,Attorney for the H.B.Mellott Estates
pertains to the status of the request for arbitration made by insurance carriers for
claimants who have filed for damages to homes and wells in the Rockdale Road area.
It was requested by the attorney that the Commission render a decision on the permit
application at their regular meeting on October 5.Statements were made from the
floor by property owners in the area of the quarry in regard to damages claimed to
be caused by blasting operations at the quarry.The Commission requested that
a statement from the insurance adjuster with whom a claim has been filed be
obtained between nOw and the October 5th meeting and also a written statement
obtained in reference to well damage prior to that date.All other discussion is
to be held for the meeting on October 5.
OTHER BUSINESS:
Confederate Hills:
A brief staff report was presented by Senior Planner Jim Witherspoon concerning
changes to the Confederate Hills Subdivision as originally approved by the Commis-
sion.Sections G and F,which have not been recorded along with the other sections
of the subdivision and for which there are no deed covenants,were recently renamed
as Sections A and B of Potomac Crest and approved administratively.Since it was
determined by the Planning staff that the Subdivision Ordinance has no legal juris-
diction over deed covenants nor the change in the name of the subdivision,the
developer was informed that submittal of a new subdivision plat for these par-
ticular lots would not be required.It was ruled that placement of mobile homes
on 20,000 square foot lots with water and/or sewer in the Agricultural District is
permitted by the Zoning Ordinance.Mr.Snyder,attorney and spokesman for the
homeowner's association of Confederate Hills,Russell Weaver,Zoning Administrator
for the Town of Sharpsburg,and Mayor Gerald Quinn (by letter dated September 3,
1981,contained herein by reference to the file)stated objections to the pro-
cedure for approval of Sections A and B of Potomac Crest,stating concerns partic-
ularly as they relate to reservation of open space provided for by the previous
concept,and the proposed mobile home sites.
Following a lengthy discussion,a motion was made by Mr.Herbst and seconded by
Mr.Byers to concur with the staff's position that since there was no change in
lot sizes from the original concept plan and no legal subdivision requirements
as pertains to the change of name of the subdivision,a new submittal for Potomac
Crest is not required.An amendment to the motion was suggested by Mr.Wagaman
that in the future reference be made to the change of name on the plat which is
to be recorded.The motion was accepted and approved as amended.So ordered.
27
OTHER BUSINESS,CONT'D:
Dave Rowland/Curt Cushwa--Highway Interchange Development:
Mr.Rowland presented a Highway Interchange development plan for consideration by
the Commission prior to going to the Board of Appeals for a variance to the
requirements of Section 19.3 of the Zoning Ordinance as pertains to the 75'
buffer area from the lot line in the Interchange area.The parcel,containing
1.816 acres,is proposed to be utilized for a convenience store and possibly 2
smaller stores.
The Commission reviewed the proposed site plan concept and directed that the
developer proceed to seek a Board of Appeals variance with the understanding that
the request would be for relief from the 75'buffer requirement only and that other
requirements of the Highway Interchange District would be applicable at the time
of Final Site Plan review.Mr.Rowland was advised also to check with the Health
Department in regard to their regulations before proceeding.
Seventh Day Adventists--Status Report:
The staff reported that the consultants for the Seventh Day Adventist's concept plan,
which has been the subject of discussion before the Commission on previous occasions,
have submitted a revised concept plan based upon the discussion held at the last
Commission meeting.At that time,an agreement was reached as pertains to the
granting of a variance for the length of the cul-de-sacs which would provide lot
access within the two development areas.
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the basic concept plan as presented and
'length of the cul-de-sacs based upon it
development areas with a through road.
COMMUNICATIONS:
Letter to Murray Anderson:
Mr.Dwyer,the Commission voted to accept
to grant the variance as pertains to the
being unacceptable to provide the two
So ordered.
For the information of the Commission,the staff reported that a meeting has been
held with the State and Federal Highway Administrations in regard to the London-
towne access as discussed at the previous meeting of the Commission.Information
requested by Mr.Anderson has been provided by the staff.
Letter from John Sherwood:
The Executive Director reported that in response to John Sherwood,Deputy Secretary
of the Department of State Planning who requested comments relative to recommen-
dations in the Zoning Enabling Legislation,he had prepared a review and analysis
of the study and asked that the Commission discuss and endorse comments to be
forwarded to the Department of State Planning.
Under Section 5,page 5,Mr.Byers suggested that a comment be added in regard to
the interim period between the adoption of a Comprehensive Plan and ordinance
adoption to implement land development in accordance with Plan policies.It was
the concensus of the Commission that the comments to be submitted to the State
should contain a specific recommendation to deal with the subject in the enabling
legislation.
With the addition of the one comment as discussed,the Commission endorsed the
Executive Director's response to be forwarded to the Department of State Planning
as the review and recommendations of the Planning Commission.
Power Plant Siting--Status Report:
Jim Witherspoon displayed maps of the candidate areas which have been selected for
reservoir and power plant siting under the combined project of the Potomac Edison
Company and the Department of Natural Resources for a site within four designated
counties in Western Maryland.The areas under consideration will be further refined
by the committee and a public workshop will be held in Hagerstown on September 17.
28
Rezoning Cases for Public Hearing on September 14:
Copies of the rezoning case applications and staff reports were distributed which
are scheduled for September 14.A poll of the members was taken to see if there
would be a quorum of members present.Mr.Wagaman moved that in the absence of
the Chairman and Vice-Chairman,that the Chairman be authorized to designate a
person to preside at any rezoning hearing.The motion was seconded by Mr.Dwyer.
So ordered.
Comprehensive Plan:
The Executive Director pointed out that the Commission needed to appoint members
to the Task Force to serve on the joint committee for the Urban Growth Areas.
He stated that the City Planning Commission has appointed two members,Tom
Beyard and Ric Kautz,who is the Planning Director.Mr.Wolford said that he
has asked Torn Dwyer and Jack Byers to represent the Commission on the Task Force.
Mr.Dwyer has been asked to serve as Chairman of the Task Force.He suggested
that Jim Witherspoon also be made a full representative on the Task Force.
On a motion by Mr.Herbst,and seconded by Mr.Wagaman,the Commission voted to
endorse Mr.Wolford's nominees to serve as the Task Force representatives for the
County.So ordered.
Noting that the other towns which would be concerned with the Urban Growth Areas
have not been contacted with regard to appointments to the Task Force,the Chairman
suggested that he would be willing to represent the Commission at any meeting that
would be arranged by the staff with the towns.Recommendations will then be
presented to the elected officials in regard to the joint task force and their
activities.
ADJOURNMENT:
There being no further business,the Commission adjourned the meeting at 10:45 P.M.
on a motion by Mr.Dwyer,seconded by Mr.Byers.So ordered.
William E.Wolford,Jr.,
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The regular meeting of the Washington County Planning Commission was held on
October 5,1981 at 7:00 P.M.in the second floor conference room of the County
Office Building.
Present were:Chairman William E.Wolford,Jr.;Vice-Chairman John C.Herbst;
Michael D.Barnhart;Jack S.Byers;Thomas W.Dwyer;Charles F.Wagaman;and
Donald E.Zombro.Staff:Jack S.Hawbaker,Executive Director;James B.Wither-
spoon,Senior Planner;Associate Planner Stephen T.Goodrich;Park Planner William
Stachoviak;and Ruby Flora,Secretary.
The meeting was called to order by the Chairman at 7:00 P.M.
MINUTES:
The Minutes of the regular meeting of September 8,1981 were approved and accepted
as presented on a motion by Mr.Wagaman and seconded by Mr.Byers.So ordered.
UNFINISHED BUSINESS:
Variance Request from Walter Nye:
This request was deferred from the previous meeting for further review.The staff,
reporting on the present status,stated that the original request was to create
two 3.acres lot without public road frontage.Mr.Nye is now requesting to sub-
divide only one 6.acre parcel.A major concern is the water drainage problem
which is handled by the County Engineer whereby the property is subject to the
Storm Water Management Ordinance.A letter from Mr.Nye was presented to the Com-
mission.The letter proposed three alternatives.1)A request to subdivide one
6.acre lot with no road frontage which would require a variance from the regula-
tions that require each lot to have 25'of public road frontage.2)Conveying
5G'of the road frontage which narrows down to 13'at the body of the lot would
require a creation of a new separate entrance.This will require a variance from
the regulation which states the panhandle must remain 25'in width to the body of
the lot.To create a new entrance,a variance will be needed from the 500'of
separation.3)To convey all but 12 1/2'and allow access over the existing right-
of-way.This will require a variance from the 25'for the remaining lands and also
so that the lot will have access on frontage other than its own.Comments were made
by Mr.Nye in favor of the variance and by his neighbors who were opposed to the
granting of the variance.After comments from the floor were heard,Mr.Wagaman
made the motion that the variance be denied due to hardship which was self-created.
Motion was seconded by Mr.Barnhart.Mr.Byers,Mr.Herbst and Mr.Zombro
abstained from voting with Mr.Wolford voting in favor of the denial of the
application.Application denied.Mr.Dwyer not present.
C.Wm.Hetzer Variance Request:
The staff reported for the proposed 1 lot subdivision for which a variance to the
requirements of Section 318 is being requested,the lot being conveyed solely for
the purpose of construction of a sign for Conservit.The lot did not meet approval
by the County Engineer when submitted as a development plat,therefore the surveyor
is requesting that he be allowed to submit it as a Simplified Plat.On a Motion
by Mr.Herbst,seconded by Mr.Wagaman,the Commission voted to approve the variance
as proposed.
H.B.MELLOT,INC.QUARRY APPLICATION:
It was requested by the attorney for Rockdale Quarry that the matter be put on
the October agenda for action by the Commission.A report done by R.E.Wright
&Associates,consultant for the applicant,on groundwater quality data for wells
in the vicinity of the Rockdale Quarry was presented.The staff reported that
there was nothing new from the reviewing agencies and noted that the Quarry itself
will be increasing 10 acres in size and 25 acres in stockpile (processing)area.
It was ruled that the Commission will consider the application based upon the evi-
dence that was given at the July hearing and the information that was supplied by
different parties as requested but the report by R.E.Wright &Associates will not
be taken into consideration.Following a lengthy discussion,Mr.Herbst made the
motion that the application be granted,seconded by Mr.Byers.Mr.Herbst amended
his motion to the application being granted in accordance to the Zoning Ordinance,
Section l5.3B with Mr.Wagaman proposing that the following conditions be added to
the permit:
A.All shots shall be monitored with a seismograph.
B.A copy of all shot reports and all seismograph reports
shall be submitted to the Washington County Planning Commission
on a quarterly basis.
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C.Following October 5,1981,all shot reports shall be sub-
mitted to the Washington County Planning Commission on a
quarterly basis through the life of this Site Plan,with
one seismograph report per quarter.
D.Any change in the present blasting procedure shall be monitored
for a six month period as is a)and b)above and thereafter
on a quarterly basis as in c)above.
E.The seismograph shall be of the following type:a direct
velocity recording seismograph;capable of producing a
permanent record;capable of recording the three components of
ground motion (vertical,transverse,and longitudinal);and
have the capacity for internal,dynamic calibration.
F.All reports shall be submitted to the Planning Commission no
later than thirty days after the end of the quarterly reporting
period.
The motion as amended to approve the application for site plan was seconded
by Mr.Byers and opposed by Mr.Wagaman.Motion carried.The appeal procedures
were announced to those who were aggrieved by the Planning Commission's decision.
SUBDIVISIONS:
Boonsboro Church of God:
'The Commission voted to grant Preliminary Approval to
based upon all agency approvals having been received.
seconded by Mr.Herbst.So Ordered.
COMMUNICATIONS:
Request from Fox and Associates,Inc.:
the 10.00 Acre subdivision
Motion by Mr.Wagaman,
Fox and Associates requested an extension on the subdivision for Mary E.Churchey,
S-8l-88,for a period of 6 months due to requirements from the Health Department
to drill two test wells.Mr.Wagaman made the motion to grant extension,seconded
by Mr.Byers,so ordered.
ADDITION TO AGENDA:
Mr.Wolford added to the agenda the election of officers which was to have
taken place in June of 1981.
OTHER BUSINESS:
Simplified Plat Request -Charles Strothers:
The Executive Director reported that normally this would have been approved
administratively but because of a letter of 1975 it is being brought to the
Commission's attention for their action.Steve Goodrich then reported that
the original subdivision was approved in 1974.Due to a great deal of
controversy about the approval of that subdivision on October 16,1975 the
Planning Commission rescinded approval to prevent the conveyance or development
of any remaining lots in that subdivision.Mrs.Strother has requested that
she be allowed to convey lot #7 by a simplified plat to an adjoining property.
Mr.Wagaman moved that the Commission authorize submission of the original
lot #7 of the Strother development for approval on a simplified plat basis
for conveyance to either of the adjoining lot owners or division between
the two adjoining lot owners,whichever the property owner desires,for
land acquisition only,not for development,seconded by Mr.Herbst.So ordered.
Seventh Day Adventist's Concept Status:
Jim Witherspoon reported that Glenn Dull,County Engineer,has submitted
a letter to Fox &Associates stating that the site distance in the Southwest
quadrant of Route 66 -Mt.Aetna road intersection is extremly poor.Due
to the amount of traffic on these roads,this intersection will create an
unacceptable situation as far as safety is concerned.Mr.Dull is recommending
the relocation of Mt.Aetna Road and that the structure over Beaver Creek
be widened.Due to controversy between the State Highway Administration
and the County Engineer over the relocation of Mt.Aetna road,the Commis-
sion decided to have a member of the State Highway Administration meet with
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the staff and County Engineer to settle this disagreement.
Growth Monitoring System Status:
The staff reported that the name of Data Processing System has been changed
to Growth Monitoring System Status.The first readout for the first 6
months of this year has just been received and Permits are now available in
computer printout.The final printout is not yet available.
Comprehensive Plan Status:
On the 12th of October Mr.Hawbaker will be meeting with the town of
Funkstown to ask them to appoint someone to the Comprehensive Plan Committee
for the Urban Growth Area and Jim Witherspoon is going to be meeting with
Williamsport on October 12th to ask them.Once there is a member from each
one of these communities,Tom Dwyer,Chairman,will be able to start the
regular meeting process sometime after the first of the year.At the same
time Bill Stachoviak will be going to Funkstown to get the towns input on the
Parks plan and Jim Witherspoon will be getting the same from Williamsport.
Geohydrologic Study Status:
The ground water quality report from Wright &Associates was submitted as
part of the geohydrologic study which is being done for Washington County.
Mr.Hawbaker reported that the consultant is now entering the last stage
to set up a proposed ordinance that once adopted will set certain standards
for conducting perc tests and geohydrological investigations on particular
sites.The proposed ordinance is to be completed sometime in December.
'Proposed State Legislation:
Every year prior to the State Legislation meeting in January,the County
Commissioners ask each of the boards,commissions,and agencies to send
in any proposed recommendations that it wants to give to the local delegation
for consideration.The request is expected within the next few weeks.There
was discussion on the proposal of deed recordation being done by attorneys
only.It was decided that it would be carried over to the next meeting so
that more information may be obtained.
Status of Rezoning Cases RZ-225/RZ-229:
Mr.Hawbaker reported the Commissioner's decision on the following rezoning
cases:
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RZ-225
RZ-226
RZ-227
RZ-228
RZ-229
Alexander Schreiber,was held over until October 6th for further
discussion,no final action taken by the County Commissioners.
Paul Crampton,was approved as requested by the Applicant.
Harold Coble and Lee Downey was approved as requested.
St.James School,was approved with an exclusion of the piece
of property for the St.James Brethern Church.
Joe Rowe,was approved as requested.
Status of Appeals Cases:
Mr.Hawbaker reported the Board of Appeals decisions as:
Emma Carbaugh,the board of appeals upheld the Planning Commissions decision.
Phil Physioc,Didn't appear,appeal denied.
There was discussion among the Planning Commission members as to a repre-
sentative appearing before the Board of Appeals to give the Planning
Commission's report.Mr.Wagaman moved that the Chairman of the Planning
Commission be designated and authorized to appoint a person to represent
the Commission before the Board of Appeals,seconded by Mr.Byers.So
ordered.Mr.Herbst made the motion that the minority report be included
in the file as an exhibit with the report,the motion was seconded by Mr.
Wagaman.So ordered.
Proposed Zonning Ordinance Text Amendments:
Mr.Hawbaker reported on RZ-236,a text amendment from the Permits &Inspection
32
office,which is to provide for the use of mobilehomes as dwellings for
company employees in mineral extraction districts (mobile homes being added
to the Ordinance).
A report was also given by Mr.Hawbaker on his research of model homes.
He stated that none of the other 23 counties or the City of Baltimore
defines model homes in their ordinances,and that the ordinance is suf-
ficiently structured so that model homes in a subdivision can and should
be considered incidental to that subdivision.After discussion by the
Commission,it was decided that Terry Bache and The Home Builders Association
would be notified of this decision since they were the ones who brought
it before the Planning Commission.In light of this it was discussed that
Paul Prodonovich,Zoning Administrator,should come before the Commission with
issues of this nature.A description of the Zoning Administrator's duties
and an organizational diagram of the Planning and Permits &Inspections
Departments will be brought before the Commission at it's next regular
meeting.
ELECTION OF OFFICERS:
With nominations being opened,Mr.Byers made the motion that the present
Chairman,Bill Wolford,and Vice-Chairman,John Herbst,be re-elected,
seconded by Mr.Wagamn.So ordered.
ADJOURNMENT:
The meeting was adjourned at 10:15 P.M.
William E.Wolford,Jr.f,CMAirman
The regular meeting of the Washington County Planning Commission was held on Mon-
day,November 2,1981 at 7:00 P.M.in the second floor conference room of the
County Office Building.
Present were:Chairman William E.Wolford,Jr.;Vice-Chairman John C.Herbst;
Michael D.Barnhart;Jack B.Byers;Thomas W.Dwyer(arriving at 8:00 P.M.)and
Donald E.Zombro.Absent:Charles F.Wagaman,Jr.Staff in attendance:
Executive Director Jack S.Hawbaker;Senior Planner James B.Witherspoon;Catherine
T.Thompson,Associate Planner;Stephen T,Goodrich,Assistant Planner;and
Marion Snyder,Secretary.
The meeting was called to order by the Chairman at 7:05 P.M.
MINUTES:
The Executive Director stated that since the Walter Nye variance request which was
considered and denied at the last regular Commission meeting was being appealed by
Mr.Nye to the Board of Appeals,clarification of the Commission's action beyond
the statement that the hardship was self created would be necessary so that the
Board of Appeals has all the details of the Commission's action.
The Commission agreed that their position in denying the variance for Mr,Nye
was because there was no proof of hardship due to topography or the physical
layout of the property itself,recognizing that while a hardship does exist,
it is due to the fact that the creation of other lots has created the hardship
in that any further access on that road would not be within the guidelines that
have been established by the Commission and as set forth in the Ordinance.The
Commission also asked that the wording under the H.B.Mellott Inc.,quarry appli-
cation be researched because some of the conditions as outlined appear to be
repetitious.Also,under Proposed State Legislation,the Commission asked that
the words "deed recordation"be changed to "deed preparation".On a motion by Mr.
Herbst and seconded by Mr.Barnhart,the Commission then voted to approve the
minutes of the regular meeting of October 5,1981,as amended.So ordered.
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NEW BUSINESS:
Homewood Retirement Community Center Site Plan,Phase II:
The staff presented the Phase II site plan for the Homewood Retirement Connnunity
Center,pointing out that the revised site plan conforms with the concept plan
which was previously approved.The site plan has received all agency approvals
with the exception of approval from the State Highway Administration in regard to
the entrance from Route II (Virginia Avenue)which is proposed to be closed in
such a manner so as to provide emergency vehicle access only.Mr.Rod Wagner,
President of Homewood,stated that a new site plan has been prepared to satisfy
the requirements of the State Highway Administration in this regard.The staff
requested that approval be granted with the stipulation that the site plan be
approved administratively at such time that a letter of approval has been re-
ceived from the State.The Commission voted,on a motion by Mr.Herbst,seconded
by Mr,Byers,to grant approval to the site plan with the staff being authorized
to grant final approval once the State Highway Administration's requirements have
been satisfied and written approval has been received.So ordered.
Elizabeth Werth-Simplified Plat and Neck Road Development Status:
The Executive Director stated that the Werth plat was being brought to the attention
of the Commission to apprise them of the cumulative development in the Neck Road/
Dellinger Road area.He pointed out that the simplified plat submitted for Elizabeth
Werth is for a 5.5 acre parcel which is proposed to be conveyed for agricultural
purposes under the simplified plat process.Since several parcels have been
similarly conveyed in this manner and then developed,it was felt that this parcel
and residual lands owned by Mr.Werth have a strong potential for development,and
the transfer,as such,appears to be in conflict with the intent of Section 202 of
the Subdivision Ordinance as it pertains to the simplified plat process.
Folloiwng a lenghty discussion with Mr.Werth in regard to previous transfers of
property in the Neck Road area under the simplified plat process which were sub-
sequently processed for development,the Commission voted,on a motion by Mr.Herbst,
seconded by Mr.Byers,to allow this particular parcel.to be processed as a simpli-
fied plat provided the Ordinance is adhered to where the statement relative to
simplified plats for agricultural use only is also included in the deed of conveyance.
The motion carried with Mr.Barnhart voting "No",
The Executive Director asked for direction on future submissions of simplified
plats which are automatically approved in house.It was the concensus of the
Commission that the previous action taken on the Werth plat would not effect the
simplified plat process as it is now being administered since it is in compliance
with the requirements of the Subdivision Ordinance,The Commission asked the staff
to review the process and bring back recommendations for the administration of the
simplified plat procedure and its relationship to the intent of the Subdivision
Ordinance.
Donald Thomas -Simplified Plat:
The Executive Director said that the Thomas plat was being brought to the Commission
because the developer has provided no specific information in regard to the proposed
use for the 11.96 acre conveyance under the simplified plat process.
A representative for the newly formed Washington County Fish and Game Protective
Association stated that a lease is being prepared between the corporation and the
owner with a IS year option to buy the subject parcel.He said that the specific
purpose of the transfer is for the protection of fish and game and to specify the
boundaries of the parcel which is intended to be purchased by the club.
On a motion by Mr.Herbst,seconded by Mr.Barnhart,the Commission voted to approve
the proposed conveyance for conservation purposes and not for development.So ordered.
OTHER BUSINESS:
Rezoning Cases -RZ-230 through RZ-234:
Relative to the rezoning cases which were heard by the Commission on September 14,
Mr.Wolford stated that while he was not present at the public hearing,he had read
the transcript and reviewed the case files.Mr.Dwyer has reviewed the staff report
and analysis for the cases to be considered and Mr.Zombro was not present at the
hearing and did not review the recommendations and therefore disqualified himself.
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RZ-230 Edgewood Hill Venture -BG to RM:
A motion was made by Mr.Herbst and seconded by Mr,Byers to forward a recommendation
of denial to the County Commissioners based upon the staff report and recommendation
that no basis can be determined to constitute a change in the character of the neigh-
borhood nor a mistake in the existing zoning of the parcel.The motion carried.
Mr.Wolford,Mr.Zombro,and Mr.Dwyer abstained.
RZ-231 -John R.Oliver Company,Inc.-BS/A to BL:
On a motion by Mr.Herbst,seconded by Mr.Barnhart,the Commission voted to forwari
a recommendation for approval of the request to the County Commissioners based '
on the findings of fact in the staff report and recommendation that determined
there was a mistake in the existing zoning.So ordered.
RZ-232 -Ruggles,Hutzell,and Jenkins -A to BL:
On a motion by Mr.Byers,seconded by Mr.Herbst,the Commission voted to forward
a recommendation of approval to the Board of County Commissioners based upon a
mistake having been made in the existing Agricultural zoning.So ordered.
RZ-233 -Text Amendment -Section 19.7:
On a motion by Mr.Byers,seconded by Mr.Barnhart,the Commission voted to forward
a recommendation of approval of the proposed amendment to Section 17;9 of the
Zoning Ordinance to refer to the RR District instead of the PR and RM districts.
So ordered.
RZ-234 -Text Amendment -Section 6.2(t):
On a motion by Mr.Herbst,seconded by Mr.Barnhart,the Commission voted to
forward a recommendation of approval for the proposed text amendment to delete
Section 6.2(t)as a special exception use.So ordered.
Proposed State Legislation:
The Commission discussed proposed recommendations pertaining to deed preparation
that were proposed to be forwarded to the local delegation for consideration
prior to the State Legislative meeting in January.Because of the infrequency
of occurrence of improper deed preparation,no action was taken at this time.
Air Supply for Conference Room:
The Executive Director stated that because of the improper ventilation of the
County's public meeting rooms,he was recommending that the County Commissioners
be approached to see if something could be done to remedy the situation.The
Commission agreed to ask the County Commissioners to see if anything could be done
to provide an adequate air supply to public meeting rooms in County buildings.
Solid Waste Study Status:
In reporting the status of the Solid Waste Study,the Executive Director said that
the weighing program to collect data on dumping at the landfill has been completed
and that the data is now being compiled..It is expected that a report will be made
to the County Commissioners in the near future.A memorandum will be sent to
the Commission members when this has been scheduled on the Commissioner's agenda.
Nye Appeal:
The Executive Director brought to the attention of the Commission correspondence
from the Board of Zoning Appeals dated October 17 relative to an appeal which has
been filed by Mr.Nye as pertains to the Planning Commission's denial of Mr.
Nye's variance request which was considered at the regular meeting of October 5.
The case is being heard at a public hearing scheduled by the Board of Appeals on
November 4.The Commission reiterated their action of October 5,under Status of
Appeals Cases,to designate the Chairman,or a Commission member appointed by the
Chairman,to represent the Commission before the Board of Appeals in such cases
to present background information.
ADJOURNMENT:
There
P.M.
being no further business
followed by an Executive
on the agenda,the meeting was adjourned at 9:50
Session.
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Addendum to Minutes:
Following the public hearing on November 9,1981,the Planning Commission conducted
a short business meeting to finalize action on items that were continued from the
regular meeting.
Rezoning Recommendations for RZ-230 through RZ~234i
It was the concensus of the Commission to forward the recommendations of the Planning
Commission to the Board of County Commissioners as previously voted upon at the
regular meeting of November 2.So ordered.
Memorandum to J.Maury Werth:
As a result of action taken at the last meeting on the simplified plat application
submitted for Elizabeth Werth,the Commission concurred with the Chairman's memoran-
dum to Mr.Werth informing him of the Commission's position as related to future
submittal of plats under the simplified plat process.
Policy for Approval of Simplified Plats:
A motion was made by Mr.Wagaman,seconded by Mr.Barnhart,to adopt the policy set
forth in the letter to Mr.Werth from the Commission Chairman dated November 9,
1981 as the basis for approval of simplified plats.So ordered.
ADJOURNMENT:
The meeting was adjourned at 9:50 P.M.
The regular meeting of the Washington County Planning Commissi~n was held on Monday,
December 7,1981 at 7:00 P.M.in the second floor conference room of the County
Office Building.
Present were:Chairman William B.Wolford,Jr.;Vice Chairman John C.Herbst (arriving
at 7:20);Michael D.Barnhart;Jack B.Byers;Thomas W.Dwyer (arriving at 8:10)and
IJonald E.Zombro.Not present:Charles F.Wagaman,Jr.Staff present:Executive
Director Jack S.Hawbaker;Senior Planner James B.Witherspoon;Associate Planner
Catherine T.Thompson;Assistant Planner Stephen T.Goodrich;and Marion Snyder,
Secretary.
The meeting was called to order at 7:05 P.M.
MINUTES:
Under Status of Appeals Cases (October 5,1981)and Nye Appeal (November 2,1981)
the Commission asked that the intent of their action be clarified to state that in
cases where the Commission's decision is being taken to the Board of Appeals,the
Chairman shall be designated to represent the Planning Commission to present back-
ground information or in his absence be authorized to appoint either a staff member
or a COmmission member as his representative.
On a motion by Mr.Byers and seconded by Mr.Zombro,the Commission voted to approve
the Minutes of the meeting of November 2,1981 as corrected.So ordered.
NEW BUSINESS:
Variance -Ivan Tracey:
The staff presented a request for a variance for Ivan Tracey to permit conveyance of
a parcel for woodland purposes and not for development.It was noted that if a
variance for lot area and lot width from the 3 acre requirement is desired by Mr.
Tracey,it would have to be considered by the Board of Appeals and that the Commis-
sion's approval for the simplified plat format does not imply endorsement of a
variance.
On a motion by Mr.Byers,seconded by Mr.Barnhart,the Commission voted to permit
the application for subdivision of a parcel as a simplified plat and with the
stipulation that a common entrance from Route 77 be utilized to provide access to
both the new and remaining parcels.So ordered.
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NEW BUSINESS,CONT'D:
Subdi vision Plats:
Paul N.Crampton -Preliminary and Final:
The staff report pointed out that the one lot commercial plat before the Commission
is for subdivision approval only and that a site plan will have to be submitted prior
to development.The State Highway Administration will not permit 'direct acCess
onto Md.Rt.632 and indicated that access should be located as far as possible
from the major intersection.The County Engineer's letter indicated that he will
not approve piecemeal construction of the proposed Fairway Lane and recommended
that the initial phase include the construction of Fairway Lane from Md.Rt.632
to Golf View Drive.The staff also expressed concern about the timing of the road
construction in conjunction with development of the site.
Upon further examination of the plat file application,the Commission expressed
concern that the Health Department has granted approval based upon public sewerage
hook-up being immediately available when in fact an interim septic system is pro-
posed.Following further discussion with the engineer,Mr.Townsley,and the
developer's legal representative,Mr.Poole,the Commission voted to grant tentative
Preliminary Approval with subsequent Preliminary and Final Approval to be handled
administratively by the staff subject to:1)A revised plat being submitted showing
all necessary information for the interim septic system;2)a note placed on the
plat to the effect that no use and occupancy permits will be issued unt'll the road
is constructed or a satisfactory bond has been posted;and,3)approval by the
Health Department for the septic system and all other review agency approvals are
received to the satisfaction of the Planning staff that all requirements of the
Ordinance have been met.The motion was made by Mr.Herbst,seconded by Mr.Zombro.
So ordered.
Rodney Darby -Preliminary and Final:
On a motion by Mr.Herbst and seconded by Mr.Barnhart,the Commission voted to
approve the three lot subdivision for Rodney Darby based upon the plat having met
all requirements of the Subdivision Ordinance.So ordered.
Samuels,Yassky and Praver:
Postponed until the January 4 meeting.No action taken.
Seventh Day Adventists Status Report:
For the information of the Commission,the staff brought to its attention a proposed
subdivision of a portion of the Seventh Day Adventist's land at Route 66 and Mr.
Aetna Road for which a concept plan for the entire development was previously ap-
proved.The staff pointed out that the proposal is a variance from the originally
approved concept for development but shows an improved solution to the relocation
of the intersection at Mr.Aetna Road.The developer has indicated his intention
to conform to the approved concept plan for the development of remaining lands.
COMMUNICATIONS:
Letter of Extension for Genevieve Clever:
On a motion by Mr.Herbst,seconded by Mr.Byers,the Commission voted to grant the
request for a 6 month extension of time for consideration of the plat due to additional
testing required by the Health Department.So ordered.
OTHER BUSINESS:
Rezoning Cases RZ-235 and RZ-236:
Mr.Dwyer indicated that he was not present at the public hearing on November 9,1981
nor did he review the transcript of the hearing.All other members in attendance
were present at the hearing.
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RZ-23S:Rock 'N Spring Corporation -BG to PB:
On a motion by Mr.Herbst,seconded by Mr.Barnhart,the Commission voted to
forward a recommendation for approval to the Board of County Commissioners based
upon the findings of the staff report and recommendation that there was a
change in the character of the neighborhood.Mr.Dwyer abstained.So ordered.
RZ-236:Text Amendment to Section lS.lCc):
The Commission voted,on a motion by Mr.Byers,seconded by Mr.Dwyer,to forward
a recommendation of approval of the text amendment to Section lS.lCc)to allow
for mobile homes as an incidental use for company employees in the 1M District.
So ordered.
Clarfication of the Intent of Section 17.4 of the Zoning Ordinance:
Mr.Hawbaker asked the Commission for its interpretation of Section 17.4 and
whether the Commission wants all the information referred in 17.4 Cal,Cb),Cc),
and Cd)to be required at the time of rezoning application submittal.Mr .
Hawbaker's position was that without these data being available at the time of
application submittal,the staff cannot provide all the necessary review and
analysis for the Commission prior to the public hearing.
Since the Commission does have the flexibility to request additional information
of the applicant should it be required prior to the Commission making its recom-
mendation to the County Commissioners,it was the concurrence of the Commission
that the staff should accept the applications for rezoning even in the absence
of all the information referred to in Section 17.4.
Parks Plan:
The Executive Director,in reporting the status of the Draft Open Space,Parks,
and Recreation Plan and Review Schedule,said that the staff is working within
the time frame as outlined and is expected to meet the March 2,1982 presentation
to the County Commissioners.
Solid Waste Management Study:
It was reported by the Executive Director that the Solid Waste Management Study
is near completion and it is anticipated that a presentation to the County
Commissioners will be made the first of the year.
Urban Growth Area Study Committee:
Jim Witherspoon indicated that a meeting of the Urban Growth Area Study Committee
should be scheduled in the near future and that he would contact the Town of
Williamsport relative to appointing a representative once the meeting has been
scheduled.An informational presentation will be made to the County Commissioners
on December IS to apprise them of the plan to proceed with implementation of the
Comprehensive Plan.
State Planning Questionnaire:
It was the concensus of the Commission that the questionnaire which has been dis-
tributed to municipal and county planning commissions throughout the State by the
Department of State Planning would be responded to on an individual basis by the
Commission members and submitted to the Executive Director.
Rezoning Schedule for 1982:
The schedule for 1982 rezoning cases was distributed to the members for their
information and use.
Schedule for September 1982 Meeting:
It was agreed that the meeting normally scheduled for the first Monday in September
would be held on August 30 because of the Labor Day holiday.
The meeting was adjourned at 9:00 P.M.
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