Zoning appeals board upholds Deep Creek boat rental permit

Elaine Blaisdell Cumberland Times-News

OAKLAND — The Deep Creek Lake Watershed Board of Zoning Appeals voted three to one on Aug. 16 to uphold its June decision to issue a boat rental permit to Bill Meagher, owner of Lakeside Creamery, according to Garrett County Administrator Monty Pagenhardt.

Despite opposition from multiple marinas, the county commissioners voted on June 5 to approve an amendment to the Deep Creek Zoning Ordinance to add a new category for boat rentals as a separate service that would not offer any of the other services associated with a marina.

Commissioners Gregan Crawford and Robert Gatto voted in favor of the amendment, with chairman Jim Raley opposing it. During a May 31 public hearing, Raley said he had concerns about Meagher’s decision not to offer services on-site.

On Aug. 18, the Property Owners’ Association of Deep Creek Lake voted unanimously, with  president Troy Ellington recusing himself because of a conflict of interest, to request the commissioners to take three separate actions in regard to the amendment of the ordinance regarding boat rentals, according to Pagenhardt. Ellington is chairman of the county’s planning commission.

Pagenhardt, Commissioner Robert Gatto and John Nelson, director of the Department of Planning and Land Development, were in attendance at the POA meeting.

The Property Owners’ Association requested the commissioners initiate and complete within six months a comprehensive study of the amendment in consultation with the Department of Natural Resources and other interested organization to determine whether the amendment should be retained, modified or deleted, according to an email sent to the commissioners from POA senior vice president Roger Titus.

The group is also requesting that the commissioners impose a six-month moratorium on the issuance of any permits for any additional uses based on the recent amendment to the Deep Creek Lake Watershed Zoning Ordinance and the pending the outcome of the study; and adopt as a matter of county policy that no amendment to the text of the ordinance that may have an effect on the lake shall be approved until there has been notice of at least 90 days. The notice should be given to the DNR, the state Department of the Environment, the POA, the Friends of Deep Creek Lake and the Garrett County Chamber of Commerce, allowing them an an opportunity to respond, according to the email.

“The board of the POA believes that approval of theses actions will go a long way toward addressing the concerns that the POA and others have raised about the adoption of the ammendment,” wrote Titus.

Pagenhardt noted that the commissioners have received the email, are currently “taking it under advisement,” and are discussing with Nelson and County Attorney Norman Getty how to proceed. Pagenhardt also said the commissioners plan to answer the email but it hinges on upcoming legal action.

St. Moritz Properties, LLC; Bill’s Marine Service Inc., Silver Tree Marine, LLC, Aquatic Center Inc. and Deep Creek Boat Rentals Inc. have filed an appeal in Garrett County Circuit Court to determine whe-ther the commissioners acted properly under the zoning ordinance and Maryland law in approving the amendment in June. The case is scheduled for Dec. 10 at 9:30 a.m.

The businesses filed the appeal in circuit court because they felt like they have been “specially and adversely affected” by the commissioners’ decision, according to the appeal.

St. Moritz Properties, LLC; Bill’s Marine Service Inc., Silver Tree Marine, LLC, have also filed a interpretive appeal in opposition of the Board of Zoning Appeals’s decision in June to grant Meagher’s request for a boat rental permit.

Contact Elaine Blaisdell at eblaisdell@times-news.com.

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Land use ordinance infringes on property rights

Cumberland Times-News

Dear Sirs:

I am a business owner and a Garrett County land owner. My quarry is located off Avilton-Lonaconing Road. My family has been in this business for generations providing all types of stones for schools, churches, playgrounds, home as well as gravel for road construction.

I have attended various meetings at the courthouse, and I must say that I failed to understand any sound reasoning behind the massive regulations that you have proposed.

The issue relating to windmills is on two pages; what about the other 83 pages of regulations? Who asked for these regulations and curbs on our property rights?

This is a fact that Garrett County is a poor county. It is no richer than when my dad was running our family quarry.

No new major construction is happening; no manufacturers are moving into our area, the county has no major development works planned. The only possibility is wind development and maybe gas drilling. The setback that you have proposed will kill any wind development in Garrett County just like it did in Allegany County.

The two operating wind projects on Backbone Mountain are paying about $1.9 million in personal property taxes in addition to $700,000 in real property taxes for year 2012. This revenue stream will continue for the next 30 years.

Additional wind development projects are proposed in Garrett County that could bring over $3 million a year in addition tax revenues per year. These wind projects will bring much needed construction jobs and the developers will be pumping millions into the local economy.

No wonder, in Pennsylvania and West Virginia, counties and boroughs are encouraging wind development.

In the previous commissioners’ meeting, I asked the question: Is there anything wrong with the operating wind mills that require you to ask for these setbacks? I did not get the answer from the commissioners.

We all heard the Clipper representative saying that most of Backbone mountain wind turbines would have been eliminated with your proposed setbacks.

Like the Backbone experience, why can’t we have the wind developers follow the prudent wind industry practices and work with neighboring property owners and follow the state safety and noises regulations?

From properties it is turbine height plus 10 feet, which is about 500 feet. From occupied structure it is about 1,000 feet. Why can we let the wind companies follow it as they did for the Backbone projects?

The remaining 83 pages of the land use ordinance draft is all an infringement on my property rights. I have a right to develop my property as I choose.

If windmills can be considered on my lands, I will embrace it besides providing gravel, stones and services for these projects. I fully support for construction work and jobs for our county residents. My neighbors will benefit too from the economic activities in the area and with additional taxes the county can continue functioning without eliminating of services and closing of schools.

I vote for total rejection and elimination of the proposed Land Use Management Ordinance — county wide zoning.

Jeremy Preston

Lonaconing

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Zoning amendment angers Deep Creek Lake marina owners

Elaine Blaisdell Cumberland Times-News

OAKLAND — Despite opposition from multiple marinas at Deep Creek Lake, the Garrett County commissioners ap-proved an amendment to the Deep Creek Zoning Ordinance to add a new category for boat rentals as a separate service that would not offer any of the other services associated with a marina.

Upon suggestion of the planning commission and after receiving a request from Bill Meagher, owner of the Lakeside Creamery, to amend the ordinance, commissioners approved the amendment at their June 5 public meeting. Commissioners Gregan Crawford and Robert Gatto voted in favor of the amendment, with chairman Jim Raley opposing it. During a May 31 public hearing, Raley noted that he had concerns about Meagher’s decision not to offer services on-site.

Meagher plans to offer 12 personal water crafts and four pontoon boats as rentals as well as offer guided tours. He would use local marinas for services. After approaching the planning commission, he learned he would need a special exception to do so.

“We didn’t want to do sales, we didn’t want to do repairs, we didn’t want to do a lot of the things that the marina does. The only thing we wanted to do was a boat rental business,” Meagher said at the public hearing.

Ed Schofield, general manager of Deep Creek Lake Boat Rentals, noted during the hearing that Meagher’s decision to rely on the competition for services was perplexing.

“No way you can be part of this business and not have sales. You are kidding yourselves,” said Schofield.

Phil St. Moritz, owner and president of Bill’s Marine Service, indicated during the hearing that his business would not service Meagher’s boats.

“He (Meagher) said, ‘We are going to work with marinas.’ We are not going to service them,” said Moritz. “We are not going to launch them.”

St. Moritz noted that there are already too many boats in the water in that area with boat rentals from both Bill’s Marine Service and Deep Creek Marina, which provides rental operations to Will O’ the Wisp.

Meagher indicated that he could get services from Deep Creek Lake State Park and could hire a mechanic in-house. However, Meagher would have to go to a marina on the lake to purchase fuel or would have to fuel on-site.

“I want to work with the people here, but I get it if they are saying they don’t want to work with me,” said Meagher.

Silver Tree Marine, LLC and Patterson Boat Co. also opposed the amendment change, according to Carol Jacobs, president of Aquatic Center Inc., who also opposes the ordinance amendment.

“The marinas brought experts with decades of experience in the field of rentals and service, which were ignored by two of the three commissioners,” said Jacobs in an email to the Times-News. “Additionally, instead of obtaining a special exemption for his one property from the Zoning Appeals Board, he took a different route and requested a zoning ordinance amendment for all properties through the county commissioners. This means that several new boat rental operations can now be added to Deep Creek Lake without adequate parking, space, fuel and launching and service facilities, which will decrease public safety.”

During the hearing, Meagher indicated that Lakeside Creamery had 56 parking spaces that will fit all uses. Meagher said he heard all the concerns about safety and would take it under advisement.

“Our goal is that our customers and our guests would stay all on our property,” said Meagher. “We aren’t looking at them crossing the street. ... Our goal was to provide another service to the community that our guests are looking to have. Our space is very similar to other spaces in size and parking. We do have the ability to accommodate our guests.”

Bob Nickle, general manager of Bill’s Marine Service, asked, “How can you say no to one and yes to another? It (zoning ordinance) is to govern growth in the Deep Creek watershed. If you keep making small amendments to it, it’s not worth the paper it’s written on. I don’t think it’s fair that someone is requesting to change the rules mid-stream.”

The commissioners also received four letters of opposition to the amendment in the ordinance, according to Raley.

“To grant this individual an exception would do little to benefit anyone other than the individual at the cost of unfairly penalizing those of us who are willing to comply with regulations,” wrote Brian C. O’Brien of Silver Tree Marine in an email to the commissioners.

Contact Elaine Blaisdell at eblaisdell@times-news.com

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Citizens already have shown opposition to this proposal

To the Editor: Cumberland Times-News

Please accept this correspondence in formal opposition to the draft of Zoning Ordinance: Garrett County Land Management Ordinance that has been proposed and shared for public comment.

After last year’s in-depth discussions concerning amending the comprehensive plan and after the overwhelming majority of public commentary, at that time, being opposed to this measure, we are deeply concerned that this issue has resurfaced.

In our opinion, the proposed zoning draft will have a negative impact on Garrett County. County-wide zoning is an issue that has been discussed and defeated many times in the past.

Our residents’ relative freedom in land use is a virtue that should be embraced and expanded upon. Zoning laws dictate how owners may and may not use their property. Zoning seeks to virtually control every aspect of a property’s use.

It is justifiable that zoning be criticized. Restrictions of zoning impose infringement upon and violate property owners’ rights to develop, use and maintain their land in the way they see fit. It easily strips property owner’s rights to unencumbered use of their land.

Zoning in this form is counterproductive to economic benefit and hinders development in our free economy.

This zoning draft is not limited to construction and development. It controls the smallest details and nuances of an owner’s use of his or her property. Where zoning is imposed, a property owner’s neighbors can have a greater say over a property than the owner! Zoning has a direct impact on everyone.

In limiting development opportunities, property owners are denied the right to lease their land for economic benefit. Thus, if zoning restrictions are enacted, property owners should rightfully be provided the compensation lost.

Maryland encompasses strict environmental controls and promotes green energy. The draft zoning ordinance seeks to undermine our state’s policies. Garrett County must be realistic about the volume of fiscal challenges ahead.

Our county has already realized economic benefit from the wind farm projects. With that said, it would not be fiscally or environmentally responsible for Garrett County to limit or stifle future development prospects.

We appreciate the opportunity to submit written comments. The majority of your constituents are not receptive to any further governmental intrusion.

Robert Spangler

Frostburg Road

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Garrett sizes up parts of setback ordinance

Elaine Blaisdell Cumberland Times-News

OAKLAND — On Thursday, Garrett County commissioners discussed possible setback regulations on industrial wind turbines, meteorological towers and gas industries during a discussion of the Land Use Management Ordinance draft, facilitated by John Nelson, director of the Department of Planning and Land Development.

The draft ordinance regulates MET tower height to 50 feet and states that the wind turbines must be 2,000 feet from a residence, church, school or other occupied structure and 1,000 feet from a property line not owned or leased by the company installing the wind conversion energy systems.

It also states a wind turbine blade can only measure 375 feet at its highest point.

Nelson said he believes current wind turbines are 410 feet.

“The number may or may not go out to the public,” said Raley. “We may go back and say, ‘Well, they are already 410 then we may as well put them as 410. That is a discussion we will have.”

Residents questioned Nelson as to where he got the setback numbers for the wind turbines and said the setbacks seem anti-wind.

“I can tell you setback letters are coming in both ways,” said Raley. “One person says they are too restrictive and another person said I live there and they are not restrictive enough, and I’ve been to the Pinnacle Wind Farm (on Green Mountain in Keyser) and I do believe it imposes on people.”

All discussions of the draft ordinance have been held in public and will continue to be, according to Raley. The next discussion will be held  April 10 at 10 a.m. in the commissioners meeting room in the courthouse.

One resident questioned whether wind turbine substations would be permitted under the draft ordinance.

“Those would be permitted as well, automatically, by right under the utility provision. The setback requirements don’t apply to the substation, just the wind turbines itself,” said Nelson.

Clipper Windpower Development voluntarily offered a minimum setback before its project was constructed, according to Nelson. The setback was 1,000 feet, according to a Clipper employee who was in attendance.

The draft ordinance also contains proposed language that addresses the underground disposal of hydraulic fracturing water associated with Marcellus shale drilling.

Nelson said that it would be advantageous to have a stakeholders group that could review the ordinance, work on the details and provide a much more public process where the details could be discussed and debated.

Once the draft ordinance is complete, it will be placed on the county’s website and in the public library before a public hearing is held.

Contact Elaine Blaisdell at eblaisdell@times-news.com

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Commissioners Hold Public Hearing; Residents Oppose Junkyard Proposal

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Nov. 3, 2011


The Garrett County county commissioners held a public hearing Tuesday morning on granting a junkyard license to Oakland area businessman Don Nine of Don's Classic Car Company, 5062 Hutton Road. More than 20 neighboring property owners attended the event.

The vast majority of them indicated their opposition, either through verbal testimony or a show of hands, to granting the license. Their main concerns were a possible decline in property values and negative impacts on the environment.

"Don has made this application pursuant to the Garrett County Junkyard Ordinance; that ordinance has been in effect since the late 1970s," explained Director John Nelson, Garrett County Department of Planning and Land Development.

Nelson noted that the document is not a zoning ordinance, but a premise that falls under the authority of the State Highway Administration because of proximity issues pertaining to public roads.

"The process outlined in the application gives the commissioners the discretion to hold a public hearing on any application made by a property owner who wishes to establish a salvage yard or automobile salvage junkyard on their property," Nelson said.

The county currently has nine licensed junkyards, noted Mark Weber, licensing and enforcement inspector. He said the county has received numerous complaints from neighbors about the Nine property over the last three or four years.

"Mr. Nine has brought his property into compliance intermittently over this time," Weber said.

He said his office has been working with Nine, who wants to bring his property into compliance, try to get a junkyard license, and be "legitimate."

"He has effectively met the requirements of the junkyard license regarding setbacks," Weber said. "He does not intend to run a business as junkyard per se."

More here.

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Hearing Slated For Land Development Ordinances Drafts

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Apr. 29, 2010

The Board of Garrett County Commissioners will conduct a public hearing concerning proposed revisions to three principal land development ordinances on Saturday, May 8, at 9 a.m. in the Garrett College auditorium. All interested citizens are invited.

The proposed revisions would affect the Deep Creek Watershed Zoning, Garrett County Subdivision, and Garrett County Sensitive Areas ordinances.

The Garrett County Department of Planning and Land Development released initial preliminary drafts of these three ordinances for public review on Sept. 29, 2009.


Deep Creek Watershed Zoning Ordinance

1. New zoning districts are proposed: Agricultural Resource (AR), Rural Resource (RR), and Lake Residential–2 (LR-2) are new districts intended to preserve rural character and conserve natural resources by limiting residential development to a relatively low average density.

New standards for subdivisions in the AR and RR districts are proposed using either a cluster or non-cluster option with incentives to promote cluster subdivision. The Rural Development (RD) district is proposed to be eliminated.

2. A Scenic Protection Overlay District is proposed for those areas identified as "crestlines" on the proposed zoning map. This provision is intended to preserve the scenic views of the ridge tops and crest lines surrounding Deep Creek Lake. Requirements for retaining and planting trees on the sides and rear of structures when viewed from the lake and shoreline are proposed.

3. Architectural standards for non-residential structures in the Town Center (TC), Town Residential (TR), and General Commercial (GC) zoning districts for metal buildings are proposed.

4. Provisions, including setbacks, for domestic, agricultural, and industrial wind energy devices are proposed.

5. New setbacks for drilling for natural gas are proposed.

6. New provisions for nonconforming structures and grandfathered non-conforming lots are proposed.

Garrett County

Subdivision Ordinance

1. The AR and RR land classifications are proposed to be expanded, and new standards for subdivisions in these areas are proposed using either a cluster or noncluster option with incentives to promote cluster subdivision.

2. A provision that would allow the Planning Commission to require a traffic impact study for major subdivisions is proposed.

3. A provision to retain trees and other vegetative cover for new subdivisions abutting scenic byways is proposed.

4. Provisions to delineate the boundaries of any wetlands or Source Water Protection Areas on subdivision plans are proposed.

Garrett County Sensitive Areas Ordinance

1. Provisions to protect Source Water Protection Areas are proposed.

2. A provision to limit the exemption from the steep slope requirements to lots of record that are less than four acres is proposed.

3. A provision to prevent construction of buildings on man-made slopes exceeding 30% grade is proposed.

4. A provision to use the Maryland Sensitive Species Project Review Areas map as the indicator for referring applicants to Department of Natural Resources is proposed.

Read the rest here.


If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Railey Realty for all of your real estate needs! 877-563-5350

Garrett County Planning Commission's public hearing March 6

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The Garrett County Planning Commission's public hearing on proposed revisions to three principal land development ordinances has been rescheduled for Saturday, March 6, at 10 a.m. in the Garrett College auditorium.

In the event of inclement weather, the alternative hearing date is Thursday, March 11, at 7 p.m. at Garrett College.

The proposed revisions would affect the Deep Creek Watershed Zoning, Garrett County Subdivision, and Garrett County Sensitive Areas ordinances.

If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Long & Foster Real Estate for all of your real estate needs! 877-563-5350

Press release: Pending changes to the Deep Creek Lake zoning ordinance

Some of the pending changes that highlight the press release:

-Changes to the subdivision laws allowing clustered vs non clustered development.
-Traffic Impact Analysis, road design standards, etc
-Allowing for drilling of natural gas in all zones subject to setbacks
-Sensitive Area Ordinance, development on steep slopes

Feel free to take a look, there will be a public hearing scheduled in the near future.

Here is a link to the .pdf file


If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Long & Foster Real Estate for all of your real estate needs! 877-563-5350

Hearing Slated On Proposal To Prohibit Turbines

Photo Courtesy of FreePhotoBank.com

Hearing Slated On Proposal To Prohibit Turbines

Jun. 19, 2008
The Garrett County commissioners will hold a public hearing next Tuesday, June 24, at 10:30 a.m. in their meeting room at the courthouse on a proposal to amend the Deep Creek Watershed Zoning Ordinance.
The proposal was submitted by Nancy-Elizabeth Nimmich, Pleasant Valley, and Barbara Boone, Oakland, to establish "performance zoning" throughout all of Garrett County.
Under the amendment, a new Article 12 would be added to the ordinance that would define and prohibit commercial wind turbine structures. It would also define the territorial jurisdiction of the new article to include all lands in Garrett County except incorporated municipalities.
All interested persons may attend the hearing to voice their views on the subject or submit written testimony to the Garrett County commissioners.

Zoning Only Way To Regulate Height Of Structures, Garrett Co. Official Says

Zoning Only Way To Regulate Height Of Structures, Garrett Co. Official Says

Feb. 14, 2008

The only way to restrict the height of structures in Garrett County would be through zoning, Planning and Land Development director John Nelson told the county commissioners this week. Some residents have suggested that local officials could regulate the construction of wind turbines through height restrictions in the county's building ordinance.

The commissioners met with Nelson on Tuesday to review the issue further.

"I felt we needed to clarify that," said Commissioner Ernie Gregg. "Because the wind turbine opponents have misconstrued this, that we can apply a height ordinance and/or a building codes ordinance."

Nelson said the authority for controlling height is a zoning regulation. "Article 66B [of the Annotated Code of Maryland] gives the authority to counties to adopt zoning, and zoning is the only mechanism to control heights," he said.

Building codes, Nelson explained, will allow structures to be built to any height, as long as they meet the code's design and engineering requirements.

"You could build a building 100 stories high, as long as the structural integrity is met under the building code," he said.

To enact some type of height restriction would restrict the height of all types of structures being built in the county, such as hotels and communications towers, not just wind turbines, county officials said. They also noted that the county cannot enact a moratorium on wind turbine construction, as suggested by the Planning Commission last week. According to the county attorney, doing so would halt all local building projects.

It is only through zoning that the county would have the authority to regulate heights, Nelson reiterated.

"Under 66B, you can't choose a single use and attempt to regulate that use," he added. "It has to be a comprehensive zoning plan, where you apply zoning to all kinds of uses throughout the whole jurisdiction that you choose."

Nelson noted, however, that zoning could be adopted "piece meal" by geological or political boundaries. Currently, the only area in Garrett County with zoning is the Deep Creek Lake watershed. Article 66B was used to adopt zoning in the watershed back in 1974, as residents in that area advocated for zoning.

"It was always felt by the governing body [at that time] that if zoning were to be expanded beyond that geographical boundary, the citizens would need to illustrate or show the county commissioners that that citizens group supported zoning," Nelson said.

He noted, however, counties cannot have exclusionary zoning, meaning they cannot exclude all types of uses.

"You have to set aside and provide an area where uses, such as wind mills, would be permitted under certain parameters," Nelson said.

He said it has been suggest that the zoning issue be placed on a referendum for voters to decide on a district by district basis, much like the Sunday alcohol sales issue. Nelson noted that citizen groups such as the board of realtors, chamber of commerce, and watershed associations would have to first demonstrate their support for the issue.

"So far, our citizens have opposed countywide zoning," Glotfelty said, adding that the groups would indeed have to come forward and indicate their support to justify putting spot zoning on a referendum.

"You start using that Z word, and people's hair starts standing up on end," he said.

Garrett commissioners may let voters decide zoning issue by districts

Sarah Moses
Cumberland Times-News
OAKLAND - As zoning has been presented as the only option for preventing or limiting the construction of wind turbines in Garrett County, adopting zoning might be possible through a referendum vote in each district.

"Wind power opponents have felt we could enforce this, but we don't have the authority," Ernie Gregg, county commissioner, said during Tuesday's commission meeting.

John Nelson, director of planning and land development, explained that while the county has the authority to approve or deny projects through the building code, these decisions are based only on the safety and engineering of the structure, not height or appearance.

Nelson said that zoning regulations would allow restrictions to be placed, but that zoning that is not countywide can only be instituted by geographic region or by political district.

Jerry Plaugher of Deer Park asked why it wouldn't be possible for restrictions to be placed on the ridge tops to prevent the construction of the turbines.

Denny Glotfelty, commission chairman, said that such restrictions would also affect other industries, including communication towers, which haven't been an issue at this point in time.

Nelson added that zoning requires a comprehensive plan of the area to be zoned, and that would mean lumping together all the areas in the county with ridge tops as one group.

It had been suggested at a planning meeting last week that the commissioners approve a moratorium on development of wind turbines and that they pursue legislation to allow the county to have some form of authority over future projects. That suggestion was deemed impossible by the commissioners after consulting with the county attorney.

They said that a moratorium would require a halt on all building projects in the county and that without some form of zoning, no legislation would have any authority behind it.

The commissioners said they would be open to putting zoning up for a referendum, but only if there is a definite showing of support for the action. This would allow the zoning to be grouped by district as the Sunday alcohol sales have been.

Plaugher said he couldn't see that happening.

"Zoning, it's something that really rankles people," Plaugher said. "Zoning regulations start out very simple, but give them 20 years."

Contact Sarah Moses at smoses@times-news.com.