Town
of Emmitsburg
Planning & Zoning Commission
Meeting Minutes
August 29, 2005
Members present: Commissioner - Glen Blanchard, Chairman - Frank Henry, Vice
Chairman - Rich Kapriva, Secretary - Tom Cashour, and Town Planner – Michael Lucas.
Chairman Frank Henry called the meeting to order at 7:30 PM.
Approval of Meeting minutes for June 27, 2005 and July 25, 2005 meetings:
Secretary Tom Cashour added that the July 25, 2005 minutes should have the attendees
added to them. Mr. Mike Lucas added that the town has the attendee sheet.
Motion: Vice Chairman Rich Kapriva to accept the meeting minutes with the additions that Mr. Cashour made to the July 25,
2005 minutes. Seconded by Secretary Tom Cashour
Vote: 4 (in favor) – 0 (opposed)
Agenda Items:
I. Final Approval – Correction Plat,
Vigilant Hose Company, West Main Street
Mr. Lucas presented the correction plat for the Vigilant Hose Company’s project to allow
for the consolidation of the Vigilant Hose Company properties from four separate parcels
into one. Town staff reviewed this final plat and recommended that the Planning Commission find them appropriate and acceptable to
record the final plat contingent to
any pending County or State reviews.
Comments/Questions:
Tom Cashour commented that when comparing the proposed final plat to the new site plan for the same property, the bearings and distances
for the same parcels are not exactly the same.
Mr. Cashour’s concern was addressed by Mr. Michael Proffitt of Profitt Associates Architects who was standing in for Chris Mayo of
Harris, Smariga, and Associates, Inc. as
representative of the Vigilant Hose Company applicant. Mr. Proffitt stated that he would
check with the Engineering Company of record, Harris, Smariga, and Associates, Inc. in
order to verify the differences in the bearings and distances. He will report the information to Mr. Lucas and the planning staff.
Mr. Lucas suggested that the approval of this final plat be conditional upon the verifications of the bearings and distances in order to
proceed with the project. Mr. Cashour has no objection to proceeding in this fashion.
Mr. Frank Henry asked if there were going to be lights on School Lane. Will they be on the building or some place else?
Mr. Proffitt stated that there will have to be lighting on the side of School Lane; some of
the lights will be on the building on the School Lane side and on the south side facing over the parking lot. He thinks there is
an existing light pole on site, but he is unsure of its disposition. It is Mr. Proffitt’s understanding that School Lane is going
to be blocked off. According to Mr. Henry this is true, which is why he wants to ensure that lights will be placed on the School
Lane side in order to ensure safety to anyone who walks there at night. Mr. Proffitt agreed, and has talked with Mayor Jim Hoover
about this issue.
Motion by Tom Cashour to approve the final plat for the Vigilant Hose Company with the
condition that the bearings and distances be finalized, and subject to any State and County reviews. Seconded by Rich Kapriva
Vote: 4(in favor) – 0 (opposed)
II. Final Site Plan Approval, Vigilant Hose
Company, West Main Street
Mr. Lucas added that the corrections that the town originally required as a result of the
first approval process have been met. The additional lighting that was mentioned previously by Mr. Henry in agenda item I, if required,
should be stipulated as part of the
motion to approve the final site plan.
Comments/Questions:
There were no questions or comments regarding this issue.
Motion by Rich Kapriva to approve the final site plan for the Vigilant Hose Company, West
Main Street as presented to the town staff with the condition that the lighting be added on the School Lane side. Seconded by Tom
Cashour
Vote: 4(in favor) – 0 (opposed)
III. Final Plat Approval, Lot 6,
Emmitsburg East Industrial Park, Bollinger Construction
Mr. Lucas added that this lot was identified as a remainder at the final plat stage when
Emmitsburg East Industrial Park was originally accepted. As a remainder this lot #6 was
never recorded and prior to building upon it the town requires it to be recorded. Town
staff has reviewed the plat for final recordation and finds it to meet all the requirements for property that is zoned industrial, so
approval is recommended subject to any pending
reviews required by State and County agencies.
Comments/Questions:
Mr. Cashour questioned whether there were any access restrictions onto either Creamery
Road or Creamery Way? Mr. Lucas stated that access (to the property) would be determined under site plan review, and there is
controlled access shown on the site plan
which we are about to review which addresses the controlled access question.
Mr. Lucas also stated that anything over and above the curb cut that is contemplated on
the site plan, which is about to be reviewed, staff would not recommend as one curb cut
per facility is allowed.
John Mazellan – Fox and Associates, Inc. – Engineer of Record for the project made himself available for questions. There were no
other questions on this agenda item from staff.
Motion by Rich Kapriva to approve the Final Plat, Lot 6, Emmitsburg East Industrial Park,
Bollinger Construction subject to any pending State and County reviews. Seconded by Tom Cashour
Vote: 4(in favor) – 0 (opposed)
IV. Final Site Plan Approval,
Lot 6, Emmitsburg East Industrial Park, Bollinger
Construction
Mr. Lucas stated that this is a site plan approval for a facility that is to house the new
offices of Bollinger Construction and South Seton Auto repair. Town planning staff has
reviewed the site plan and has worked with the applicant’s engineers and feels that it
meets all of the requirements of the Emmitsburg site plan ordinance, and recommends
approval subject to any pending reviews by any State and County agencies.
Comments/Questions:
Frank Henry noted that the proposed entrance is off of Creamery Way. Mr. John Mezellan acknowledged yes.
Frank Henry acknowledged the artists conception rendering of the elevation view of the
proposed building that was presented by Mr. John Mazellan of Fox and Associates to staff.
Frank Henry questioned whether there will be lights on the building. Mr. Mazellan stated
that there will be building mounted lights and several pole mounted lights to illuminate the
parking area as noted on the plans.
Hearing no other questions or concerns Mr. Henry called for a motion.
Motion by Rich Kapriva to approve the Final Site Plan, Lot 6, Emmitsburg East Industrial
Park, Bollinger Construction subject to the final Frederick County approval. Seconded by Glenn Blanchard
Vote: 4(in favor) – 0 (opposed)
V. Request for
Exception to Street Standards for Industrial Roads,
Emmitsburg East Industrial Park
Mr. Lucas handed out An Ordinance to Amend Title 16 of the Code of Emmitsburg Entitled
Subdivisions, a nine page document that details the proposed changes to the existing town ordinance.
Mr. Lucas stated that this agenda item is a request by Emmitsburg East Industrial Park to
pursue an open section option that is subject to review by the Planning and Zoning
Commission. As recalled three or four months ago there was a request made to allow for
open section roads in industrial subdivisions. At that time Town Planning staff reviewed
the subject town subdivision regulations and found there was no such provision for open
section roads. However in the past it has been the policy of the town to allow for open
section roads in industrial subdivisions. Given the fact that had been the Town’s long
standing policy, Mr. Lucas recommended that a text amendment to subdivision regulations be presented to the town’s Commissioners and
that the Planning Commission make a recommendation to allow open section roads and pursue the open section option. Staff has reviewed
the active plan and find that open section roads are acceptable and recommend the equivalent.
Mr. Lucas added that the addendum, given to the Planning Commission, is a proposed text amendment that the commission has been asked to
prepare by the Mayor and Board of Commissioners. The Mayor and Board of Commissioners asked the Planning Commission
to give a courtesy recommendation on additional options. This option is for twenty-four
feet of pavement as opposed to the current standard of forty feet of pavement. This text amendment would codify that twenty-four
foot requirement for open section roads of use. It is not a zoning text amendment, and does not require Planning and Zoning
staff’s recommendation, but the town has traditionally given Planning and Zoning staff the courtesy for review when dealing with
subdivision regulations. Town staff feels that
twenty-four feet of pavement is certainly adequate for an industrial subdivision, and quite frankly the planning staff feels that some
of our road standards given have been involved in creating additional impervious surfaces. These additional impervious surfaces
are in our current public sections, so we are recommending the twenty-four option be allowed. We recommend that the Planning and
Zoning staff deny the impervious surfaces based on the request for open section roads in one motion and grant that approval, and
secondly make a policy recommendation to the Mayor and Board of Commissioners to adopt the text amendment to allow twenty-four feet of
pavement.
Comments/Questions:
Mr. Cashour questioned whether the twenty-four feet of pavement would include shoulders. Mr. Lucas stated that it would include
shoulders and there is a restriction that
there is no on-street parking in the subdivisions, and that it is a requirement that the
applicant has agreed to. Where the town requires forty-feet of pavement; that would allow on street parking on both sides.
We feel that the twenty-four foot section with no on street parking is the applicant’s option. On-street parking would be
prohibited by signage.
Mr. Rand Weinburg of Weinburg and Miller speaking for Scott Miller stated that this requirement (twenty-four-foot road width) is needed
for the project to proceed and that
since the Planning Commission has approved the site plans that Mike Proffitt prepared for
the Dan’s (Reaver’s) new building. Mr. Weinburg also said that twenty-four feet with no
parking ought to be sufficient since it is not a residential neighborhood and there will be no spill-over parking into the street.
Mr. Reaver can control the parking as he will have
plenty of parking for his employees, deliveries etc. More and more jurisdictions are choosing narrow road sections to create less
pavement, less runoff, less impervious
surface, and they are also moving more away from closed sections, wherever possible, to
get an open section with the old fashioned drainage swales as opposed to the underground storm drain that collects all the oil and
everything else off the road and dumps it into a pond and eventually into a stream. He asked that the Planning Commission
recommend this and asked that they move forward on this tonight so that the construction can move forward.
Hearing no other questions or comments Mr. Henry called for a motion for the first item
street standards in industrial subdivisions.
Motion by Rich Kapriva to approve open section roads in the industrial parks. Seconded by Glenn Blanchard
Vote: 4(in favor) – 0 (opposed)
Mr. Lucas stated that the following is a recommendation to the Mayor and Board of
Commissioners
Motion by Rich Kapriva that there be a text amendment to effect a change from forty-feet of pavement to twenty-four feet of pavement in
open section areas. Seconded by Tom Cashour
Vote: 4(in favor) – 0 (opposed)
Public Comments:
Mr. Lucas stated that there is one citizen that would like to speak to the Planning
Commission briefly on a public comment:
Mr. Tim O’Donnell, with the Parks and Recreation Committee, came to the meeting, as a
courtesy, to provide some information regarding a Parks & Recreation effort to establish a
multi-user trail in the (Town’s) water shed. He outlined these efforts and advised the
board of some of the agencies involved such as the Maryland Department of Natural
Resources which has been contacted and agreed to make a resource management plan.
Sometime in the near future Mr. O’Donnell will be presenting these plans in front of town
staff, as well as Mayor and Board of Commissioners as well as the Planning Commission.
Mr. Don Briggs: a resident of the town residing at 137 South Seton Avenue. Mr. Briggs
fully supports an easement of the trail that would go through approximately 550 acres.
Three months ago he asked that the Planning and Zoning Commission be in charge of the
planning of the trail. He would feel more comfortable if the Planning and Zoning Commission would be in the loop on the project.
He emailed the Department of Natural
Resources this date, who is working with the Maryland Environmental Trust who co-holds
the easement with the Catoctin Land Trust, and all wheels are turning. The resources
management plan is a pretty big deal with long range plans dealing with erosion and soil
preservation. He would appreciate if Planning and Zoning would be involved especially
with your expertise in parks. Thank you very much.
Mr. Kapriva asked Mr. Lucas where did he stand on the comprehensive plan. Mr. Lucas
replied that the planning staff is currently rewriting it as we speak and he would have
revisions to us within thirty to forty-five days.
Mr. Henry questioned Mr. O’Donnell and Mr. Briggs on the type of walkways for the trail.
Mr. O’Donnell answered that it would be a natural surface to allow for multi-users such as
hikers, bikers, and horseback riders.
Mr. Henry wanted to know how four-wheelers would be kept off of the trails. Mr. O’Donnell answered that to prepare the concept there is
a group entitled the Mid- Atlantic Off Road Enthusiasts (MORE) who is recognized by the Maryland Park Service. They also have a lineitem
in this year’s budget from the State Senate. This group is experts in trail design. Oneof the things they do in their design of the
trail is to make it less inviting to four-wheelersand motorized vehicles. An example is placing the trail through narrow treed areas and
to have steep sections with quick turns, i.e. things that are not conducive to a fun ride while driving a four-wheeler. At the same time
some of these trail sections may be disadvantages to horse-back riders; MORE would maintain a strong sensitivity to those persons to
keep everyone together in their design processes.
Mr. Henry asked where is the money coming from? Mr. O’Donnell explained that it is a
volunteer effort, which is traditionally how these types of trails are built. The
Superintendent of Gambrill State Park and Cunningham Falls State Park, Ms. Cindy
Eckertine spoke at a town meeting. By commission, volunteer groups come in and are
coordinated by persons as himself who is coordinating this trail effort. Mr. O’Donnell has
already contacted Catoctin High School who said they would accept this (the trail effort) as student service learning hours. The Brownie
Troup in a large school will support it, and the MORE organization that has five hundred members are also on board with his efforts.
Mount St. Mary’s University, Dr. Thomas Powell who is the president of the college has
submitted a letter of support regarding this effort. Dr. Powell is trying to create an
initiative at the University in which they have an outdoor education program. Dr. Powell
strongly supports the trail effort.
Mr. O’Donnell is a high school teacher in Montgomery County and sponsors a mountain
biking club of thirty members at his school. He is also the leader of this group.
Also MORE based on the town’s approval, has offered to help the town write grants for the recreational trail program for the federal
government. They have had much success with this in the past.
Commissioner Glenn Blanchard wants to recognize that the trail would generate income for the town of Emmitsburg. There are many
bicycle trail enthusiasts who stay at the local hotel. The trail would mean recreation bringing in dollars. The town would
definitely
benefit from this effort.
Hearing no other comments Mr. Henry called for motion to adjourn.
Motion by Rich Kapriva to adjourn. Seconded by Glenn Blanchard
Vote: 4(in favor) – 0 (opposed)
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