December 28, 2004
Staiger called the meeting to order at 0730PM.
Approval of Previous Meetings’ Minutes
November 29, 2004 Regular Meeting Minutes: no changes
Motion: by Mr. Briggs to approve the minutes as
submitted. Seconded by Commissioner Walbrecker.
Vote: Approved: 5 (in favor) – 0 (opposed)
Review of Emmitsburg Glass Site Plan (Waybright
Presentation by Mr. Lucas: see attached (not that the
reference to Creamery Road in point 10 actually refers
to the road to be constructed on the site). Commissioner
Walbrecker addressed the location of additional trees
proposed for the property, inquired about the need for
reforestation on the site, asked for additional
clarification of the “extensive modification to the
existing sanitary sewer main” referred to in point 11,
and asked if there were any planned development north of
the lot, making reference to the proposed road through
the site. Mr. Lucas noted that the site has been the
location of previous sanitary sewer overflows and that
the submitted plan called for substantial regrading of
the site. Mr. Lucas also commented that he would
hesitate to speculate on future development around this
property that was not in the town but that the current
Comprehensive Plan did make some assumptions about the
future course of development in the area noting that one
such assumption was a road through the site built to
Mr. Ross Lillard of Fox & Associates made a brief
presentation stating that the applicant had no major
issues with the points and conditions proposed by staff.
He noted that they would need to check with a lighting
engineer regarding the addition of pole lights. Mr.
Lillard also commented that they would bring the signage
into compliance with the town code but stated that Mr.
Reever prefers signage on the building as opposed to the
free standing signs on the current site plan.
Mr. Lucas addressed the Commission noting two additional
checklist requirements which must be added to the site
• Item 15 on the checklist, the site plan should
delineate what the impervious surface on the site is to
be composed of, and,
• Item 16 on the checklist, the site plan should note
the materials to be included on the exterior of the
Mr. Dan Reever spoke briefly. He expressed his concern
about too many new trees obscuring the view of the
proposed building – noting that not many trees were
currently present on the site which is primarily empty
The Commissioners then addressed various questions to
the applicants concerning the number of entrances, the
screening of parking visible from US15, the lack of any
landscaping notes on the plan, proposed traffic flow
through the site, and the plans for parking and
loading/unloading of vehicles. Mr. Briggs commented that
the current ORI (Office/Research/Industrial) Zoning was
meant to bring 270 Corridor type of development to the
North County Area. Mr. Lucas commented that he felt this
was a good design providing an industrial facility which
would have limited impact.
Public Comment: None (no persons signed up for
Chairman Staiger then reviewed the comments and
conditions proposed by staff. During this process,
Commissioner Walbrecker asked if the Lindsey family, who
own the property next to the site, had been informed of
this evening’s meeting. Mr. Lucas responded that the
meeting had been properly advertised but that they had
not specifically been notified. Mr. Lucas then noted
that the site plan contemplated 24 feet of pavement
width on the road proposed for the site - which would
not meet the collector status designation envisioned in
the Comprehensive Plan. Commissioner Walbrecker than
asked Mr. Lucas if there was a need for curb and gutter
SWM as opposed to the open section SWM indicated on the
proposed site plan. Mr. Lucas noted that exceptions had
previously been made in certain residential
developments. Mr. Reever stated that open section SWM
and 24 feet of pavement was previously approved for the
Emmitsburg East Industrial Park. Mr. Lucas agreed that
an exception nay have been nade in that case also.
Commissioner Walbrecker commented that she was concerned
about providing conditional approval when there had been
little time for review since the site plans had only
been made available to the P&Z Commission members on the
day of the meeting and at least one person had not
received any information. Mr. Lucas responded that if
the commission did not grant approval, it should provide
the applicants with direction. Mr. Reever responded that
he was on a tight deadline, had submitted the plans
thirty days before the meeting, and needed conditional
approval to keep the process moving forward. Mr. Lucas
stated that the plan had indeed been received thirty
days prior, but that numerous other agencies were also
required to review and comment and that, with the
holidays, he had only received reviews from Frederick
County on December 26. He then completed the staff
review on the 27th and distributed packets to the
commission on the 28th.
Mr. Briggs asked why the road should be built to
collector status when it will not be a through street.
Chairman Staiger stated that he felt the road proposed
for the site should be built to collector status as
envisioned by the Comprehensive Plan and should have
curb and gutter SWM – noting that this road would serve
as the future access point to properties north of the
proposed site as the entire area was eventually
developed along ORI lines. Mr. Reever responded that
these conditions were not financially feasible and that
the road could conceivably be considered a private road.
Mr. Lucas noted that the record plat dedicated the
right-of-way containing the road to public use.
Staiger then made a motion for a five minute
recess. The motion was seconded by Commissioner
Vote: 5-0 to approve the motion
After a brief recess, Chairman Staiger called the
meeting back to order.
Chairman Staiger asked Mr. Lucas if a road built to
collector status with open section SWM was an option.
Mr. Lucas responded that open section SWM could be
acceptable given previous ORI development approvals.
Commissioner Walbrecker commented that the commission
would be allowing one exception on the basis of another.
Mr. Lucas and Mr. Lillard then briefly reviewed the
proposed open section plan. Mr. Lucas commented that any
SWM plan would need the approval of Frederick County.
The conversation then turned back to the road width
issue. Mr. Lucas stated that a local access road used
for industrial purposes would most likely have a minimum
paving width of 34 feet, but staff would like the
opportunity to review and determine. Mr. Reever
commented that at this time there was only a right of
way and a private road. Chairman Staiger responded that
he did not feel able to grant approval until the road
width issue was addressed by staff. Mr. Lucas then added
that dedication for public use was a condition of the
record plat but that there could be a question of
whether dedication of a public right of way necessitated
a public road.
Commissioner Walbrecker then mentioned her concern about
traffic accessing US 15 south. Mr. Lucas responded that
he was originally concerned a traffic study might be
required but the State said no traffic study to
determine impact was required for approval of the site
Chairman Staiger asked if there were any additional
questions from the Commission or any public comment.
There were none.
Chairman Staiger proposed the following motion:
Motion: The Planning and Zoning Commission grants
conditional approval to the Emmitsburg Glass Company
Site Plan with the following conditions:
1. Additional deciduous trees shall be added along US 15
throughout the site as recommended by staff.
2. The site, which includes an additional lot, borders
on a residential site (the Lindsey residence). An
evergreen buffer shall be installed by the applicant on
lot 2 in order to screen the residence.
3. If there are to be any lighting fixtures attached to
pole, they shall be clearly delineated on the plan.
4. The signage indicated on the proposed site plan shall
be brought into conformance with the existing code.
5. Modifications necessary to the existing sanitary
sewer main, which this property proposes to utilize,
shall be the responsibility of the applicant.
6. Any approval for this project is subject to the Town
of Emmitsburg receiving approval from MDE for a new
sewer connection, pursuant to the 2004 consent order
signed by the Town and subsequent restrictions the Town
enacted in its 2004 Sewer Connection Allocation Plan.
7. The applicant shall provide the Town with a set of
approved improvement plans prior to receiving a zoning
certificate. This includes a set of storm water
management plans approved by Frederick County.
8. The applicant shall submit an approved reforestation
plan prior to receiving a zoning certificate.
9. The site plan shall delineate what the impervious
surface is to be composed of.
10. The site plan shall note the materials to be
included in the exterior of the building.
11. If the road indicated on the site plan is to be
dedicated to public use, the appropriate pavement width
for a local access industrial road must be used.
The motion was seconded by Commissioner Walbrecker
Vote: Approved 4 (in favor) – 0 (opposed) – 1
(Vice Chairman Briggs abstained)
Vice Chairman Briggs commented that he would abstain due
to previous business dealing with the applicants.
Continuing Comprehensive Plan Review
Mr. Briggs requested that the commission return to
special scheduled meetings to address the Comprehensive
Plan. There was some discussion about how the continuing
review often became lost in the regular monthly issues.
The commission agreed to hold a separate Comprehensive
Plan review meeting immediately prior to the normal
monthly meeting. Commissioner Walbrecker recommended
that the Commission address Chapter Five
(Transportation) of the Plan at the next meeting and
asked that Commissioner O’Neil be invited since he is
the Streets Committee representative on the Town
Council. The Commission requested that staff schedule a
Comprehensive Plan Review Meeting from 6PM to 07:30PM on
January 31, 2005.
Chairman Staiger asked if there was any Public Comment.
There was none.
There being no more business to discuss, Chairman
Staiger requested a motion to adjourn.
Motion to adjourn by Mr. Lind and seconded Mr.
Vote: Approved 5-0
The meeting was adjourned at 10:10PM