Town of Emmitsburg
300A S. Seton Ave Emmitsburg, Maryland

Minutes Town Meeting 
Emmitsburg Town Office 
October 18, 2004

Agenda Items

Resolution 2004-09R Amending Resolution 90-2, Section III, Item XI -As related to 1990 Annexation of Waybright Property - Consideration and Approval

Michael Lucas recommended approval and presented graphic portrayal of the property in reference and how it is related to the comprehensive plan and the collector road. He fielded questions from Commissioner Walbrecker regarding Route 15 interchanges. Any future relocation of limited access interchanges and the unfeasibility of any bridge at all, at any time, being constructed was discussed. Commissioner Walbrecker entered into the record that Mr. Lucas' estimate of 500 feet as the regulatory flood plane, as stated at the public hearing, is incorrect and more like 200 feet. Are there similar conditions on the Waybright property?  No, said Mr. Lucas. Commissioner Walbrecker "best guess" is that somewhere the bridge will have to be built and "I'm concerned." Mayor Hoover added that his same concern was allayed upon further research and discussion subsequent to the public hearing - - it will be financially exorbitant (multi-million dollars) and unreasonable to construct a bridge when there is other access available to those 3 properties. "Having worked on the federal wetlands commission", Commissioner O'Neil asked if anyone has consulted with the Army Corps of Engineers - - that any future mitigation with those agencies would be costly. Mr. Lucas answered that he doubts so but also doubts that they were consulted when the plan was originally conceived. 

Motion: To adopt Resolution 2004-09 amending Resolution 90-2 as related to the repeal of Section IX whereby the petitioner was required to pay a pro-rata share of construction a bridge across Flat Run Creek. The motion by Commissioner O'Neil was seconded by Commissioner Elder.  Vote: 3-1 in favor, Commissioner Walbrecker opposed

Text Amendment Related to Board of Appeals Members - Discussion Only

The Board was presented with a copy of the regulation regarding the Board of Appeals. The section 17.12.010 which requires a member of the Board as a sitting member has been suggested by legal counsel to be a conflict. Mr. Lucas informed the Board that any amendments to this zoning chapter must be taken up by the planning commission for their recommendation. It was his recommendation to do so if the Board so desires. Mayor Hoover added that he would like it to be included that the BOA should be represented by separate counsel. It was discussed that if not written into the Code, then a policy so stating should be adopted. Commissioner Walbrecker queried if a requirement for a decision to be made in writing should also be written into the Code text, that none is now required, "Do you recommend adding anything?" Mr. Lucas responded, "Not at this time," as BOA's are bound by a controlling state law. Mr. Rosensteel, a member of the BOA, stated his approval of the Board's action on this matter. 

Motion: To approve that a text amendment of the BOA be considered by the Planning Commission in which the required membership of one town commissioner be amended, and that the Board be represented by separate counsel. The motion was made by Commissioner O'Neil and seconded by Commissioner Walbrecker.  Vote: 4-0 in favor

Consideration of Request for Additional parking Related to Final Site Approval for the Osteopathic Primary Center at 121-123 West Main Street 

Staff recommended the request for additional parking requested by the applicant for permanent use of a portion of the Town's Community Park land in order to meet their minimum parking requirements as the applicant has enlarged their proposed building after receiving their original site plan approval. The applicant, Dr. Bonita Portier, was present and asked for simultaneous approval of the parking and to start construction. Mr. Haller stated that the completion of the parking would be a condition of their getting an occupancy permit and saw no problem with starting construction. Mayor Hoover encouraged the Board to approve. 

Motion:  To approve the additional parking for the Osteopathic Primary Center subject to staff recommendations. The motion by Commissioner Walbrecker was seconded by Commissioner Rosensteel.  Vote: 4-0 in favor

Public Comments   Rick Sharer, new chief of Emmitsburg Ambulance Company introduced himself to the Board. He stated that the company is averaging 15-20 volunteers per week and has a lot of things in the works right now. He'll keep the Board informed of advances.