Planning Commission Minutes
Meeting Minutes
October 25, 2004
Agenda Items:
Following a request by Mr. Tom Carolan of Appletree
Homes, Chairman Staiger agreed to change the order
of agenda Items with Southgate Subdivision
Correction Plat being the first item and the
Ordinance to Amend Title 17 Section 17.12.010
Pertaining to the Membership of Emmitsburg Board of
Appeals to be the second item.
Southgate Subdivision Correction Plat –
Discussion Only
Presentation by
Mr. Lucas: Original approvals of the
subdivision included Note 3 on the current plat
which states: “No houses with basements or split
foyers may be constructed on any lots.” Since the
time of initial approval, the developer has applied
for and received approval from Frederick County for
construction of drainage systems which would allow
for basements. Mr. Lucas recommended that the
current Developer of Southgate prepare and submit
revised correction plats for approval where the plat
restriction has been removed. This was in view of
the fact that the Frederick County has said that the
current storm water management plan utilizing
individual drains for each home meets their current
storm water management regulations.
Commissioner Walbrecker asked Mr. Lucas if the storm
drains proposed had been presented before. Mr. Lucas
responded that he could not say because that
predates his tenure.
Mr. Alan Grumbine of Harris, Smariga, and Associates
(the Engineering firm retained by Appletree Homes)
approached the podium to address the issue. He
stated that since the time of the original approvals
in 1995 or 1996 where basements were not allowed,
due to soil conditions at the site, Frederick County
has changed its specifications to allow for the
construction of basements if an approved drainage
system is installed around the foundation. Mr.
Hogendorp, the developer at the time, “met with Dave
Haller and several other people in town proposing to
use the county method and it was deemed acceptable.”
Therefore foundation drains were added to the
improvement plan which was reviewed by Mr.
Fitzgerald and the rest of the town and eventually
approved.
Chairman Staiger asked Mr. Grumbine “Who approved
the change.” Mr. Grumbine responded that the changes
were approved by the county and the town and that
the foundation drain system was part of the
improvement plan that was “signed off on by the Town
of Emmitsburg.”
Chairman Staiger asked Mr. Lucas if this represented
a change to the site plan?
Mr. Lucas responded, “or the plat approval?” He
continued that he believed it could but that, at the
time, there were different procedures in effect that
are no longer utilize. He stated that it’s
conceivable that the issue could have been required
to come back before the Planning Commission because
it would have been a condition of plat approval but
nonetheless the town defers to Frederick County on
storm water management decisions. He added that this
would certainly have been in keeping with staff
policy to require a correction plat so he
recommended approval since “we have purposefully
decided to give that authority, based on their
expertise, to Frederick County.”
Chairman Staiger asked Mr. Lucas that although the
the town defers to the county on storm water
management decisions should we still not be
responsible for correcting plats? Mr. Lucas
responded no and recommended the restrictions be
removed and new correction plats recorded.
Commissioner Walbrecker stated that she was
surprised to see the basements there given the plat
restriction. She asked Mr. Henry, who is also the
town’s inspector, to address the system.
Mr. Henry reviewed the current status of the
foundation drain construction process, changes that
were requested, and the involvement of the county.
Mr. Carolan stated that when he bought the project,
he knew that the drains were in the part of the
public works plan approved by the town and it was
part of his commitment to install them. He continued
that after talking to Mr. Hogendorp, it appeared
that it was an oversight that the plat wasn’t
amended. He further pointed out that everyone here
[at the meeting] knew it was part of the plan. He
stated he was comfortable submitting a correction
plat.
Mr. Henry stated he was concerned that homeowners
might damage the system by digging in the area. Mr. Carolan responded that information would be provided
to the homeowners and that the location of the
drainage system would be indicated on the plat
provided to homeowners. Mr. Lucas added that a house
location survey would be required as part of the
permitting process prior to any major construction
by the homeowner.
Mr. Briggs commented that he had represented Mr.
Hogendorp in the sale of the property to Mr. Carolan.
He asked Mr. Lucas if the town would be responsible
if the basements leaked. Mr. Lucas responded that
the town would not be responsible and that the
homeowner was responsible to maintain the system.
Mr. Stuart Colvin, head of construction operations
for Appletree Homes, stated that sump pumps were
also included as backups to the gravity drain system
in place around the foundation. Mr. Carolan
concurred with Mr. Colvin.
Mr. Briggs noted that construction on certain houses
was begun in February and asked when houses could
expect to be delivered. Mr. Carolan responded that
foundation drains were being completed and power and
gas still needed to be turned on but that they were
within two to four weeks of settlement. Mr. Briggs
followed up, asking if the SWM Pond would be
enclosed and street lights would be on line by that
time. Mr. Carolan responded that the lights were in
process and that the SWM pond has a temporary
enclosure. A permanent enclosure would have to await
final work on the SWM Pond.
Mr. Briggs noted that two lots yet to be built on
have had standing water all summer and commented
that implementing a drainage system would be quite a
challenge. Mr. Carolan responded that the grade
would be raised at the time of construction.
Mr. Hogendorp of Mt. Airy, previous owner of the
property, stated that neglecting to change the plat
was an accidental oversight (“somebody’s oops”).
Chairman Staiger asked if there were any additional
comments from the gallery.
Ms Betsy Forrence questioned the design of the
system and how the homeowner was supposed to
maintain it.
Chairman Staiger asked Mr. Lucas if a motion would
be necessary to require a correction plat. Mr. Lucas
responded that he would suggest that. Mr. Lucas
stated that copies of the correction plat would need
to be submitted by November 1, 2004 to make the
November Planning Commission Meeting. Mr. Carolan
then inquired on a U&O on the houses about to be
completed and if this correction was a prerequisite
for the U&O. Mr. Lucas said he could not answer at
the current time but that his intention was to poll
the Mayor and Board of Commissioners. Mr. Carolan
commented that he would cooperate in signing a
temporary measure if necessary. Mr. Lucas responded
that it is conceivable to issue a temporary U&O
subject to submission of a correction plat.
Mr. Briggs commented that he had been called earlier
in the day by someone from Harris Smariga inquiring
about the agenda item but still felt comfortable
voting on the issue.
Chairman Staiger responded that he did not think
that this was a conflict, and commented that he had
attempted to address the plat issue with Mr. Colvin
and Appletree’s Attorney, Mr. Whittenberger, some
months ago and was curious why it took this meeting
to finally address the issue. Both Mr. Colvin and
Mr. Carolan acknowledged that there was an oversight
on their part. Mr. Carolan stated that he was not
opposed to the requested change and it would have
been addressed had he known about it previously.
Mr. Briggs commented that he walks the site and
meets owners who are dying to move in and asked how
we can move this process along in order to bring
these people to Emmitsburg.
Commissioner Walbrecker requested that approvals
from Frederick County be attached to the minutes
since they were not available at this meeting. Mr.
Lucas responded that the town was in possession of a
signed set of improvement plans which show the
drains. Commissioner Walbrecker asked that they be
attached to the minutes. Mr. Lucas responded, “Yes.”
Motion: by Chairman Staiger and seconded by
Commissioner Walbrecker to require Southgate
Development/Appletree Homes to provide a correction
plat removing the no basements or split foyer
restriction within the next 30 days.
Vote: Approved 5-0
Ordinance to Amend Title 17 Section 17.12.010
Pertaining to the Membership of Emmitsburg Board of
Appeals – Recommendation to the Mayor and Board of
Commissioners.
Staff Presentation: Mr. Lucas reviewed the changes
proposed to Section 17, noting the potential
conflict of interest which could arise due to a
Commissioner serving on both the Town Council and
the Board of Appeals. Mr. Lucas recommended a
positive recommendation and noted that this change
would require the approval of the Planning and
Zoning Commission since it was part of the Zoning
Ordinance.
Commissioner Walbrecker commented that separate
legal council was not included in the code and asked
if this was a matter of policy. Mr. Lucas responded
that separate legal counsel was a matter of policy.
Commissioner Walbrecker stated that based on her
experience on the Town Council and with BOA appeals,
she supported this proposal.
Mr. Briggs asked Commissioner Walbrecker if a
similar change was coming to the Planning Commission
also. Commissioner Walbrecker responded that this
would probably not be the case because the Planning
and Zoning Commission cannot override the Board of
Commissioners. Mr. Lucas added that State Law
requires that one member of the Town Council serve
on the Planning Commission.
Motion: by Commissioner Walbrecker and
seconded by Mr. Henry to provide a positive
recommendation to the Mayor and Board of
Commissioners on the proposed change as submitted.
Vote: Approved 5-0
Non-Agenda Item:
1998 Comprehensive Plan Update
Commissioner Walbrecker distributed a potential
handout/brochure (concerning the Comprehensive
review process and why the public should be
involved) to the other members of the Commission.
She noted that a portion was a modification of
information submitted to her by Catherine Forrence
(President of COPE, Inc,). Commissioner Walbrecker
reviewed the document, noting at one point a
reference that the Town’s Ordinances were not
updated to be in accordance with the current Comp
Plan – but they will be this time. Commissioner
Walbrecker also stated that she hoped the current
Comprehensive Plan would soon be up on the Website.
She said that this would be something to handout as
Commission members begin to meet with organizations
throughout town to help explain what the Commission
is trying to do and why it matters.
Mr. Lucas stated he had some concerns about the
statement that changes would be made to the Town’s
ordinances in order to comply with the Comprehensive
Plan. He commented that although such changes could
be proposed, the final power of approval rested with
the Mayor and Board of Commissioners.
There was some discussion between Commissioner
Walbrecker and Mr. Lucas over the process of such an
update and the potential legal requirements of state
law in regard to implementation of the Comprehensive
Plan. Mr. Lucas felt this might be an issue to be
addressed by the Town’s attorney.
Chairman Staiger suggested that the commission
members take the document and review it for approval
at the next meeting. Commissioner Walbrecker
requested that the commission move a little faster
than the next meeting. Chairman Staiger asked that
commission members get back to Commissioner
Walbrecker as soon as possible with any suggestions.
He stated that he did not feel the document required
an official motion of approval. Mr. Lucas responded
that he would be more comfortable with a formal
discussion, consensus, and approval. Commissioner
Walbrecker stated that she would take charge of
securing approval from Commission members since she
would like to begin the process of meeting with
public groups before it was too deep into the
Holidays. Chairman Staiger responded that Commission
members will make an effort to do so.
Chairman Staiger stated his intention to prepare a
revised text of Chapters 1-4 and 8 for review at the
next meeting.
Chairman Staiger asked if there were any additional
comments on the Comprehensive Plan review Process.
There were none.
Chairman Staiger asked if there were any additional
general comments.
Mr. Lucas reviewed a number of administrative issues
leading to a delay in availability of materials for
the evening’s meeting. He restated his commitment to
having agenda items on the website two weeks in
advance.
Chairman Staiger requested consideration of any
items for the November Meeting Agenda.
Mr. Lucas requested potential addition of an item to
address a discrepancy in allowable sign size between
the sign ordinance and the zoning code.
Commissioner Walbrecker said that at some point she
would like to address the parking requirements for
home based businesses but that this could wait till
the New Year
Chairman Staiger asked that continuing review of the
Comprehensive Plan be added.
Chairman Staiger asked if there was any Public
Comment. There was none.
|