Present: Vice Chairman - Tim O’Donnell, Patrick Boyle, Patrick Joy, Glenn Blanchard. Also present: Sarah Franklin of Jakubiak & Associates and Frank Henry of the Planning Department.

Absent: President - Larry Little due to illness.

Call to order  Vice Chairman - Tim O’Donnell called the November 26, 2007 Planning Commission Meeting to order at 7:30 PM.

Approval of Minutes:  The minutes of October 29, 2007 Planning Commission Meeting were approved as presented.

Commissioner Comments:

Tim O’Donnell:  Explained that Mr. Little was ill and that he would be handling the meeting for tonight.

He also expressed his wishes that the public attend the meetings and send emails to the town office about planning issues and the comprehensive plan.

Mr. O’Donnell reminded all public comments be directed to the planning commissioners not to the town staff or to the planners.

Patrick Boyle:  Mr. Boyle asked if 12 and 13 which were voted on as residential were redone without the Planning boards approval?

Sarah Franklin: Absolutely not.

Patrick Boyle: Mr Little wanted to know about a well in Emmit Gardens which is owned by the Reaver family. I spoke to Mr. Reaver over the weekend and he stated he would make the town a very good offer for that well if they would like it.

Sarah Franklin: There are two wells in Emmit Gardens that I’m aware of, one is well seven and one is a testing well.

Patrick Boyle: This is the well on the Reaver property, it’s privately owned.

Patrick Joy: Jakubiak and Associates did provide information we had requested concerning institutional zoning. We need to look at all prior land use decisions. We need to make sure we don’t exceed the edu’s available.

Patrick Boyle:  What set of parameters are we using? MDE regulations or the town’s present regulations for edu’s?

Sarah Franklin:  In Emmitsburg the standard edu is 300 gallons so we can reserve a 20% capacity. It is one of the policies in the comprehensive plan.

Tim O’Donnell: The Town Commissioners reviewed the sign ordinance and in doing so they "massaged" it in a way that I can’t say I’m terribly satisfied with. I feel that it was a quality project and directly responding to the community and I feel it missed the mark when it went in front of the Commissioners.

Also, Mr. O’Donnell is arranging for someone to speak from the Maryland Department of Transportation.

Public Comments:

Libby Briggs:  Mrs. Briggs had concerns about Mount Saint Mary’s water. That none of their water is considered in the edu’s that were presented at the October 29, 2007 meeting. I would also like to remind the board that all of the items that you have requested are not here.

We are deeply disappointed as a community pertaining to the signage.

Patrick Boyle:  Why when the Mount Saint Mary’s is a given, why can’t we put that in our plan for water use?

Tim O’Donnell:  Are we looking at that as an emergency reserve? Mr. Lebherz, would you be willing to comment on that?

Joe Lebherz: There was a joint water study in the 1990's between the Mount and the town on water. One result of that was the building of a line by the town at the town’s expense.  An agreement was signed in 2000 to allow up to a 100,000 gallons per day to be used by Emmitsburg. The agreement doesn’t say specifically it is an emergency reserve. That is the understanding with the town. It is a reserve both ways. It is a twenty year agreement with thirteen years left on the agreement.

Expressed concerns about synchronizing the Town Comprehensive Plan and the Thurmont Regional Plan and getting some documentation in writing.

Tim O’Donnell: I think that is a good idea to get it down in writing.

Sarah Franklin:  In Emmitsburg the standard edu is 300 gallons so we can reserve a 20% capacity.  It is one of the policies in the comprehensive paln.

Tim O'Donnell:  The Town Commissioner reviews the sign ordinance and in doing so they "massaged" it in a way that I can't say I'm terribly satisfied with.  I feel that it was a quality project and directly responding to the community and I feel it missed the mark when it went in front of the commissioners.

Also, Mr. O'Donnell is arranging for someone to speak from the Maryland Department of Transportation.

Agenda Items:

Comprehensive Plan Review:

Public Comments:

Libby Briggs:  Mrs. Briggs had concerns about Mount Saint Mary's water.  That none of their water is considered in the edu's that were presented at the October 29, 2007 meeting.  I would also like to remind the board that all of the items that you have requested are not here

We are deeply disappointed as a community pertaining to the signage.

Patrick Boyle:  Why when the Mount Saint Mary's is a given, why cant we put that in our plan for water use?

Tim O'Donnell:  Are we looking at that as an emergency reserve?  Mr. Lebherz, would you be willing to comment on that?

Joe Lebherz:  There was a joint water study in the 1990's between the Mount and the town on water.  One result of that was the building of a line by the town at the town's expense.  An agreement was signed in 2000 to allow up to a 100,000 gallons per day to be used by Emmitsburg.  The agreement doesn't say specifically it is an emergency reserve.  That is the understanding with the town.  It is a reserve both ways.  It is a twenty year agreement with thirteen years left on the agreement.

Expressed concerns about synchronizing the Town Comprehensive Plan and the Thurmont Regional Plan and getting some documentation in writing.

Tim O'Donnell:  I think that is a good idea to get it down in writing.

Sarah Franklin:  Presented an existing conditions map.  She stated that this map shows the land use that was on the properties as of June of 2006.

Institutional Zoning Recommendation

Mr. Joy read his proposed recommendation regarding institution zoning:

Proposed recommendation regarding Institutional Zoning

Institutional entities are a vital and significant part of the Town of Emmitsburg.  In order to foster their development, the Town of Emmitsburg.  In order to foster their development, the Town needs to create a new zoning district to accommodate the unique needs of institutions.  The principal uses in the new district should include:  civic and governmental organizations; schools (both public & private); religious institutions, nursing homes; performing arts centers; museums; and retreat centers.  The district should allow ancillary uses that directly support the principle use of the site.  For example students a retreat center may include a small cafe and gift shop.  The Zoning District guidelines need to ensure that the uses within the institutional zone do not detract from the services offered in the Village Zone and other business districts.  The institutional zoning designation should not be used for activities better suited/reserved for the business and commercial districts.

Public Comments:

Joe Lebherz:  Mr. Lebherz felt that student, faculty and staff housing should be included, as should conference centers.

Patrick Joy:  I feel this could be wrked out under "special exceptions".

Tim O'Donnell: Asked that "housing such as for student, faculty and staff housing" be added to the recommendation.

The following is the approved recommendation regarding institutional Zoning

Proposed recommendation regarding Institutional Zoning.

Institutional entities are a vital and significant part of the Town of Emmitsburg.  In order to foster their development, the Town needs to create a new zoning district to accommodate the unique needs of institutions.  The principal uses in the new district should include:  civic and governmental organizations; schools (both public & private); religious institutions, nursing homes; performing arts centers; museums; and retreat/conference centers.  The district should allow ancillary uses that directly support the principle use of the site.  For example, University housing for students, faculty and staff, or a retreat center may include a small cafe and gift shop.  The Zoning District guidelines need to ensure that the uses within the institutional zone do not detract from the services offered in the Village Zone and other business districts.  The institutional zoning designation should not be used for activities better suited/reserved for the business and commercial districts.

Motion:  To accept the proposed recommendation regarding Institutional Zoning for inclusion into the Emmitsburg Comprehensive Plan.
Vote:  4-0 in favor

Transportation

Transportation item was tabled until next meeting.

Water Resources

Water Resources was tabled until next meeting.

The following items were requested and voted on by the Planning Commissioners:

Motion:  To give direction to the town staff  to contact DHS and FEMA and make a formal written invitation to have them participate in the comprehensive plan process.
Vote:  4-0 in favor

Motion:  A formal request for town staff to have Mr. Haller, town manager attend planning meetings where water related Comprehensive Plan items are discussed.
Vote:  4-0 in favor

Public Comments:  None

Set Agenda Items for Next Meeting:

• Time Line
• Growth Boundary Discussion
• Water Resources Management Plan
• Letter to Frederick County government regarding respecting our final Comprehensive Plan product.

Adjournment