PLANNING COMMISSION SPECIAL MEETING
MINUTES
March 13, 2008

Present:  Chairman Larry Little, Tim O’Donnell, Patrick Boyle, Glenn Blanchard and Patrick Joy. Also present Sarah Franklin of Jakubiak & Associates.

Call to order Chairman Larry Little called the March 13, 2008, Special Planning Commission Meeting to order at 7:30 PM. Announced Next Regular Planning Meeting on March 31, 2008 at 7:30 PM.

Glenn Blanchard: Congratulated Mount Saint Mary’s for the NCAA Tournament. He apologized for missing the last meeting. Also reminded everyone about the reorganization of officers for the Planning Commission.

Patrick Joy: Was conflicted concerning the difference in opinion between the county and state on available water supply. Also questioned why the board is not getting information concerning the Thurmont Region Plan.

Patrick Boyle: Spoke about his recent visit to Hampton Mansion and how at the time 1790 it was the largest house in the United States.

Larry Little: Also mentioned he was concerned about the three different approaches concerning edu’s mentioned. He has questions concerning the taps, the time limit and the legalities concerning the taps.

Sarah Franklin: Reminded the board the MDE will be the one reviewing the plan.

Patrick Boyle: Was concerned the Water Resources Element is not planning for the next 20 years and that the town staff has not given the planners any information concerning the two wells that may be coming on-line.

Sarah Franklin: Stated that the Town Commissioners were given a presentation by planner Chris Jakubiak and at that presentation they passed a resolution that they want the Planning Commission to constrain the Comprehensive Plan so it only allows for development that can be met by 546,000 gallons per day of capacity. Well "J" was not considered at this time. If we do not follow the Town Commissioners direction the plan will be sent back.

MDE does not want us to speculate how much capacity a well could provide. We need to get something adopted within our constraints, so we can meet the state guidelines of October 2009 and we are not hustling at the last minute and we can move forward.

Tim O’Donnell: Felt that questions should be asked of the MDE concerning edu’s and if there is a state standard concerning stale date taps.

Larry Little: I have contacted the town attorney and asked him to contact all sources in order to get the straight scoop concerning the taps.

Sarah Franklin: Provided maps concerning the current and proposed zoning in I-2 and I-3 areas.

Chuck Karfonta: Provided a map to the Planning Commission. Showing the "buildable" part of the property. My vision for the property is for it to be a gateway in to the town. At the current zoning you could put a filling station in there. I would like to put a neo-traditional building in that area which would contain small shops and some residential mixed and connect that with the village zone town area. Mr. Karfonta also provided the commission with some pictures of neo-traditional buildings.

Libby Briggs: Asked the commission how any decisions can be made without the data? So far there are three different variables and we don’t have any of the answers.

Eric Hinerman and Mike Boosalis: The current owners of the Rutter’s Store would like to be included in the village zone.

Motion: (Tim O’Donnell) To accept the recommendation and change the RJD Development Property, Rutter’s property and Kramer property and identify them as village zone properties.
Vote: 5 Approved - 0 Opposed

Sarah Franklin: Asked for direction on the Fraley property. Asked if they wanted to keep them Village Zone or R1.

Chris Alley: Had concerns about traffic problems that will arise from making it Village Zone.

Catherine Forrence: Had concerns about the traffic impact and also the water supply. She wanted to know when the commission will stop voting since they have used up the edu’s.

Glenn Blanchard: Having gone out on the intersection quite a few times by car, bicycle or walking, it is not the safest intersection in the world. It is not set up for the village zone at this time without an access road to 140.

Patrick Joy: The edu change is actually minor. If you leave it R-1 with 43 houses on it it is still too much. With 62 houses at least it would add it to the town. Village zone extension there makes sense because it is connected to the village zone. I think we should just leave it.

Pat Boyle: Leave it R-1.

Tim O’Donnell: I am against the village zone extension. I would like to see it remain R-1 to preserve the view shed and help maintain a certain quality of life for that part of town. I would like to pursue form zoning.

Larry Little: I am for R-1 on these parcels and with that idea in mind, that we will push for form zoning as soon as we are in a position to do so.
Motion: (Tim O’Donnell) That the land use map reflects the Fraley property within town limits as R-1.
Vote:  4 Approved - 1 Opposed (Pat Joy)

Sarah Franklin: Went over the amount of edu’s available.

Mr. Hess: I would be interested in the form zoning if you wanted to go that route but that’s not easily obtained. We would like to do some apartments to blend in with the town. If you don’t have the edu’s I can’t build.

Pat Boyle: I am in favor of keeping the village zone designation for the Hess property.

Pat Joy: I have concerns about this being a village zone. You would be taking business from the downtown. You would have a separate village zone enclave.

Glenn Blanchard: I would be in favor of the village zone. It would be nice to make it easier for people to cross the road.
Motion: (Patrick Boyle) I make a motion that the parcel be changed from the current zoning of I-3 to the village zone.
Vote: 4 Approved - 1 Opposed (Patrick Joy)

Sara Franklin: We have left the I-2 parcel (ORI) above 140.

Donald Briggs: Brought maps in order to get the corrected buffer on the bottom part of I-2. He said it was still drawn incorrectly.

Sarah Franklin: The parcel Mr. Briggs is talking about isn’t actually the I-2 parcel. Its south of 140. This would have to have a variance procedure applied to address this concern.

Jeff Waybright: My piece of property is to the south of the one that Mr. Briggs spoke of. It is 11 acres and I’ve had it since 1980 and paid taxes on it at the town rate and I’m concerned that you are going to take away my ability to recoup the investment.

Tim O’Donnell: I think the one thing our town has a deficit in is the commercial areas. This seems like a positive step.

Sarah Franklin: So you would go over the edu’s that you have available to show it in current land use. I am uncomfortable with that because we are sending the town commissioners a plan which is not within the water capacity as was requested.

Patrick Boyle: I’m for the project but it puts us over our edu’s.

Larry Little: If the water isn’t there they can’t build anyway.

Motion: (Patrick Joy) To change land use map II for property I-2 back to its current zoning and move the proposed zoning to our future vision map with an emphasis that in-fill properties should develop first once water comes on board.
Vote:  2 Approved(Glenn Blanchard, Patrick Joy) - 2 Opposed (Larry Little, Tim O’Donnell) 1 Abstained (Pat Boyle).

Sarah Franklin: Showed a map with all three bypass routes.

Gregor Becker: I am current the chair of the Sierra Club the Catoctin Group. I am concerned about the water resources and the feel the bypass should go around the town. It would be very disruptive to the wildlife in those areas.

Catherine Forrence: I would like the land use map II reviewed and make changes based on the public testimony and concerns. I wish you would ask that the town attorney be present at these meetings.

Libby Briggs: I strongly oppose any of the Southern Western bypasses.

Sheila Mulligan: I am opposed to the bypasses.

Chris Alley: I am in agreement with the previous speakers. We need to coordinate with our neighbors to the north.

Pat Boyle: I am not in favor of any of the options for the bypasses.

Tim O’Donnell: It is unrealistic that we can create any bypasses that are viable.

Pat Joy: I would like to remove the bypass options.

Glenn Blanchard: I would like to remove the bypass options.

Motion: (Larry Little) To remove all bypass lines from the map and we eliminate any form of bypass.
Vote: 5 Approved - 0 Opposed

Motion: (Patrick Joy) I move that we remove from the text under the transportation section under major street and highway improvements the first sentence of that paragraph then the sub headings Northern bypass Option, Emmitsburg Parkway Option, Scott Road Parkway Option, Boyle Road Upgrade Option and Northern Residential Collector Parkway Option.
Vote: 5 Approved - 0 Opposed

Matt Reaver: Asked about a letter sent to Dave Haller concerning a South Seton Avenue parcel being changed to village zone. He asked that it be put on the agenda.

Larry Little: Said that he would have to see the letter first.

1. Reorganize the officers of the commission

2. Hilari Varnadore, Frederick Co. Principal Planner - Discussion of Water Resources at      County Level.

3. Discussion of Land Use for Area I-2

4. Discussion of Environmental Corridors

Motion: (Patrick Joy) Motion to approve agenda.
Vote: 5 Approved - 0 Opposed

Motion: (Patrick Joy) I make a motion that we ask the town to inform us the members of the Planning Commission when Frederick County is having a meeting concerning the Thurmont Region Plan.
Vote: 5 Approved - 0 Opposed

Tim O’Donnell: I would like to get a copy of the modifications to the transportation piece prior to the next meeting.

Adjourned