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[0:05]
of allegiance. Please rise.
[0:08]
I pledge allegiance to the flag of the
[0:11]
United States of America and to the
[0:14]
republic for which it stands, one nation
[0:17]
under God, indivisible, with liberty and
[0:20]
justice for all.
[0:24]
As always, thank you for the citizens
[0:27]
joining us here in the uh town chambers
[0:30]
tonight and also to those that are
[0:33]
following this meeting uh through the
[0:35]
live stream. Uh our first order of
[0:39]
business after the pledge is the
[0:41]
approval of the minutes and I ask each
[0:43]
commissioner to look over the minutes
[0:45]
and any notes you may have made.
[0:51]
We'll have a motion, a second, and then
[0:53]
discussion. If you have any edits or
[0:55]
amendments suggested, we'll do that
[0:57]
during the uh discussion, please. So, at
[1:01]
this point, is there a motion to approve
[1:03]
or disapprove the August minutes?
[1:07]
>> A motion to approve.
[1:09]
>> Is there a second?
[1:10]
>> Second.
[1:11]
>> Commissioner Buts. Is there any
[1:13]
discussion on amendments or edits or
[1:15]
corrections to the minutes?
[1:19]
Hearing
[1:23]
none. All those in favor of the motion
[1:25]
to approve the August 31 minutes of the
[1:27]
planning commission say I. I.
[1:30]
>> Those opposed.
[1:32]
>> Those who abstain due to absence.
[1:36]
The motion has carried. The minutes are
[1:38]
approved. The next order of business
[1:41]
tonight is the public comments, citizen
[1:43]
comments. Um and the um criteria I wish
[1:47]
to um impose is that you'll be given
[1:50]
three minutes if you wish to speak and
[1:53]
the topic can be anything uh on the
[1:55]
agenda off the agenda anything with
[1:58]
regard to the town. I ask when you
[2:00]
approach the microphone and Barney could
[2:02]
you just make sure it's turned on for
[2:04]
us. Uh thank you sir. Um, as you
[2:07]
approach the podium in the microphone, I
[2:09]
just simply ask for your full name and
[2:12]
whether you are a resident of the town
[2:14]
or not. I do not need your address. Uh,
[2:17]
just whether you are a resident or not.
[2:19]
So, with that, may I see a show of hands
[2:21]
of those interested in making a citizen
[2:23]
comment tonight?
[2:26]
Second request for any citizens
[2:28]
interested in citizen comment.
[2:33]
» Okay, there's one. I see you may come
[2:36]
forward.
[2:44]
All right. Good evening. Uh Steven
[2:45]
Demoter, town of Mount Ary. This is kind
[2:48]
of a stream of consciousness comment
[2:50]
because I don't really have it all
[2:51]
weaved together, but just um you know,
[2:55]
you've all and we've all worked very
[2:57]
hard on the Mount Air master plan and
[3:01]
there's a series of I didn't count them
[3:03]
all up, but there's there's got to be a
[3:05]
good 30
[3:07]
implementation strategies in here about
[3:10]
the way forward, things that need to be
[3:12]
done over the next 10 years to implement
[3:16]
this plan
[3:17]
>> and I know that especially Commissioner
[3:20]
Buts is always harping on it's not just
[3:23]
a plan for the shelf, we're supposed to
[3:25]
be using it, implementing it. And so,
[3:30]
um, I hope you appreciate when we took
[3:32]
the vote on the Warfield property
[3:34]
annexation, I heavily referenced the
[3:38]
master plan and my argument was based on
[3:42]
what the master plan said. And so what I
[3:45]
ask is
[3:47]
it's been like a year and a half since
[3:50]
we all signed this document. I think
[3:52]
it's time to take stock of
[3:55]
the implementation strategies.
[3:58]
Where are we at? What's the progress on
[4:00]
them and to understand that and then the
[4:04]
public can understand that. So I'm
[4:06]
really suggesting that the town move
[4:09]
forward on that. It can be a simple I
[4:13]
would call it a dashboard. You can do
[4:14]
like a stop sign of red, yellow, green,
[4:18]
couple sentences for each implementation
[4:21]
strategy. Sounds to me like that's more
[4:23]
of a town planner function. Perhaps rely
[4:27]
on the town planning staff, but I think
[4:30]
that needs to be done. So, I just wanted
[4:32]
to encourage you to do that. Thank you.
[4:35]
>> Thank you.
[4:38]
>> Any other interest in a public or
[4:40]
citizen comment?
[4:42]
Uh I wish to make a public comment
[4:45]
actually two. First off um the comments
[4:48]
just made actually echo some discussions
[4:50]
we've had on the planning commission um
[4:53]
in side meetings uh preparing for these
[4:56]
meetings and so forth with regard to um
[4:59]
we need to saddle up and start riding
[5:01]
that horse that's going to complete the
[5:04]
objectives in the master plan. Um the
[5:08]
motivation for that is just as was
[5:10]
mentioned that we shouldn't just have
[5:12]
done this job for it to become shelfware
[5:15]
uh that it should be um an active plan
[5:19]
um aiming at what the town should be at
[5:22]
2033.
[5:23]
The second motivation uh is that the
[5:26]
state requires in the Maryland
[5:28]
Department of Planning that at the
[5:30]
midpoint of your 10-year plan, the town
[5:33]
has to provide the Maryland Department
[5:35]
of Planning a report as to their
[5:38]
progress in achieving the comprehensive
[5:41]
master plan and that goes for any
[5:43]
municipality.
[5:44]
>> So, um our plan is 23 to 33. So roughly
[5:49]
in 28 uh we need to be prepared to say
[5:53]
what we've done to get along that road
[5:55]
on all the objectives in the
[5:58]
implementing strategies and so forth.
[6:00]
And I for one will say before you blink
[6:04]
twice 28 will be right on our doorstep.
[6:06]
It's just the way it is with our busy
[6:08]
lives. And so um so I endorse the
[6:12]
comment about that as to the best body
[6:16]
within the town to initiate that
[6:18]
discussion, set a conference together,
[6:20]
pull the objective owners together, get
[6:23]
a status, help them get started. Um I
[6:26]
think we've had that discussion as to
[6:28]
who is best suited for that. Um and and as the as the comment was made, I'm
[6:35]
sure that person understands, you know,
[6:37]
we're a volunteer organization and uh
[6:40]
the planning commission is. So it's very
[6:42]
difficult for us to say here's a date we
[6:45]
all need to be there. And so in a
[6:47]
tasking or supervisory role that's a bit
[6:49]
tenuous, I'll admit myself. Um and so we
[6:53]
need kind of the partnership of the
[6:55]
council for a g general agreement to say
[6:58]
let's set a date. Let's all convene.
[7:01]
Let's work it out, but let's get the
[7:03]
engine started and and start getting
[7:05]
down the road.
[7:07]
>> Sure. Sure.
[7:08]
>> Um
[7:11]
because I was around in 2012,
[7:15]
we actually on an annual basis, we
[7:17]
convened representation of all the
[7:20]
commissions.
[7:21]
Okay. On an annual basis. And what we
[7:24]
did was challenge ourselves. All right.
[7:27]
What progress have you made? What about
[7:29]
the goals that your department set?
[7:32]
Where are you in terms of meeting those
[7:34]
goals? It was very productive and it was
[7:37]
a team effort. So, I would recommend
[7:41]
that we seriously consider taking that
[7:44]
same approach going forward with the
[7:46]
current master plan.
[7:49]
>> So, we have a model.
[7:50]
>> Yes. Yep. My my second public comment
[7:53]
has to do with being open and
[7:55]
transparent with my fellow commissioners
[7:57]
with regard to a public comment I made
[7:59]
at the last council meeting. And that
[8:02]
public comment was generated by uh the
[8:05]
beginning of the meeting the council was
[8:07]
afforded an update by the architect for
[8:10]
the town's police station. And uh in
[8:14]
that discussion in that update there was
[8:15]
a lot of good discussion and information
[8:17]
with respect to the planned elevations.
[8:20]
I shouldn't say plan, let me say the
[8:22]
proposed the the offerings with regard
[8:26]
to building design, building materials,
[8:29]
building colors, etc. And so, uh, I rose
[8:33]
after that update to simply, uh, make
[8:36]
the point that that building will be
[8:38]
adjacent to the development that we know
[8:41]
and have worked through here known as
[8:43]
Green Tree, uh, which is 60 dwellings.
[8:47]
uh five of those dwellings will be
[8:49]
similar single family detached homes
[8:51]
facing North Main Street in keeping with
[8:54]
the harmony of that end of North Main
[8:57]
Street and the community down there. And
[8:59]
so my my thoughts were and the
[9:02]
suggestions in the public comment was
[9:05]
take up and let the uh take up the
[9:08]
pattern book for Green Tree that was
[9:10]
worked very hard by these commissioners
[9:12]
to make sure that the feel look
[9:15]
elevations and designs of those 60
[9:17]
dwellings um because that can inform now
[9:21]
how you may want the police station to
[9:23]
look color-wise
[9:26]
etc. So, there's some information there
[9:28]
of where the uh building is going to go.
[9:32]
Um, and so I'm just proposing use some
[9:34]
of that information in reaching final
[9:36]
decisions with regard to materials,
[9:39]
colors, etc. Okay. And I've gone over
[9:42]
six minutes. Commissioner Wallace,
[9:44]
>> just um can I ask a question about that?
[9:46]
>> Sure.
[9:47]
>> So, is the police station property still
[9:49]
part of the mixeduse development or is
[9:51]
it separate? It is the non it is the
[9:54]
nonresidential portion of the MXUC.
[9:58]
>> So I know we looked at a pattern book
[10:00]
for what was the totality of that
[10:02]
development which included the
[10:04]
commercial space and now that there's
[10:06]
going to be a police station there. Is
[10:08]
there would that not come back before
[10:10]
the commission to review the the
[10:13]
building and some sort of you know the
[10:16]
landscaping and things like that? So, so
[10:18]
once again,
[10:20]
um, like minds here, um, is it fair to
[10:23]
say, John, we've had that same
[10:25]
discussion and and I think to some
[10:27]
extent extent, I'm not sure, council
[10:29]
member Kelly, have we talked about where
[10:31]
does the commission fit in in your
[10:33]
progress on the council with Mosley and
[10:35]
the architect? Um, let me let me just
[10:39]
say I don't have a good answer right
[10:41]
now, but but it's a valid question uh as
[10:44]
to what will be our role when it comes
[10:46]
to that large building at the end of
[10:48]
North Main Street. Um, would it be fair
[10:51]
to you, John, to say let's park that
[10:54]
question, but indeed let's get an answer
[10:56]
to it?
[10:57]
>> Yeah. Again, I mean, my hopes are that
[10:59]
it will be in front of the commission
[11:01]
for recommendations.
[11:03]
>> Okay. uh not an approval but
[11:05]
recommendations for um maybe brick
[11:09]
tones, those type of things, native
[11:11]
plants, etc. But yeah, it'll it'll be
[11:14]
back in front of the commission, but
[11:16]
it'll be for recommendations
[11:18]
>> and suggestions
[11:20]
>> and and I think it's fair to say,
[11:23]
>> you know, Mr. McCarron's going to have
[11:24]
to possibly weigh in on, you know, where the role is of the volunteer
[11:29]
planning commission with regard to a
[11:31]
municipal project, a a townowned
[11:34]
building and our role when it comes to
[11:38]
reviewing the design, colors, etc. And we don't have to have that here. Um,
[11:44]
but
[11:44]
>> provide you.
[11:46]
>> He was about ready to, I think, if
[11:48]
you're comfortable. I didn't want to
[11:49]
blindside you. So, uh, this is not so
[11:52]
much by law, but, uh, for instance, this
[11:54]
building, I believe, and folks who are
[11:56]
here before me can correct me if I'm
[11:58]
wrong, was approved by site plan, uh,
[12:02]
through the planning commission. Now,
[12:04]
you know, did that have to happen? No.
[12:07]
But it's my understanding that the plan
[12:09]
was that uh essentially the
[12:13]
property the I'll call the police
[12:15]
department property
[12:18]
would come back to this body by means of
[12:20]
site plan review and approval. Now
[12:24]
obviously there are budgetary issues
[12:26]
that come into play that you know I'll
[12:29]
let you all contend with. Um I would
[12:32]
also remind everybody that by contract
[12:34]
the developer has stipulated in our
[12:37]
purchase agreement that the developer
[12:40]
um yeah it doesn't have a right of veto
[12:42]
but uh the the building's supposed to
[12:47]
conform with that which is intended to
[12:50]
be built around it. Uh sort of suitable
[12:53]
for a neighborhood type of um police
[12:57]
station. Um so that you know that that's
[13:00]
in the contract and uh so along the
[13:05]
lines that you were speaking of Mr. Mr.
[13:07]
chairman. Um, you know, it's it's not
[13:10]
only uh suitable for this body to
[13:13]
review, but it I remind everybody that
[13:16]
by contract developer has a say, some
[13:19]
say in that, not final say, not veto,
[13:21]
but
[13:24]
okay. Um so I think it's fair to say um
[13:29]
there's some navigation that we just
[13:31]
need to get kind of agreed to here as to
[13:36]
um and and I think I speak to the
[13:38]
question and I'm confident I speak to
[13:40]
the question being in that we bring a
[13:42]
lot of value to such discussion and
[13:46]
we're experienced in it. We were just
[13:48]
having a sidebar a moment ago before we
[13:50]
opened the meeting with regard to the
[13:53]
town of Mount Ary under many of us here
[13:56]
now have five homes being built in
[13:59]
Chevrolet Court. Uh eight homes being
[14:01]
proposed down on Buffalo Road. Uh 60
[14:04]
homes now at the other end on North Main
[14:07]
Street. Um and and so the point being
[14:11]
that we understand the process, we
[14:14]
understand the choices that can be made.
[14:17]
good and bad when it comes to the
[14:19]
appearance of of new dwellings and
[14:23]
buildings. So, um so I think it's in
[14:25]
that spirit that Commissioner Wallace
[14:28]
raises a great question. So, we need to
[14:30]
find out, I guess, what that journey can
[14:32]
be. Um and of course, the council weighs
[14:34]
heavily on giving us that leash. Is it
[14:38]
short or is it long and how involved can
[14:40]
it be? So, if if that's a fair
[14:43]
conclusion.
[14:44]
Okay, with that, um, I'm going to close
[14:47]
citizen comments. Apologies for going
[14:50]
well over my six minutes for two topics.
[14:53]
And I'm going to move now to the Carol
[14:54]
and Frederick County planners. I
[14:55]
understand from John that uh Tiffany
[14:58]
Faucet from Carol County is not able to
[15:00]
make it this evening. Um, and so we will
[15:03]
go directly to our new Frederick County
[15:06]
planner. Um, it's it's my great pleasure
[15:09]
because we've had that position absent
[15:11]
for some time uh to introduce uh
[15:13]
Matthew. Matt, come on up here. And uh
[15:19]
>> uh No, no, right here at the table.
[15:20]
>> Yep.
[15:23]
» It's Matthew. I'm the county.
[15:29]
It's a pleasure to be here.
[15:30]
>> Fantastic.
[15:34]
Hello.
[15:36]
>> Oh, now it's on. Hello, I'm Matthew
[15:39]
Tomeitz. I am a planner for Frederick
[15:41]
County and I will be the liazison for
[15:43]
Mount Area and it is a pleasure to be
[15:45]
here. I look forward to working with
[15:47]
you.
[15:48]
>> Okay. And Matt, um we we had suggested
[15:52]
some focus. Uh if you have any news to
[15:54]
bring us with regard to our nearest
[15:56]
Frederick County community, New Market
[15:58]
and any developments there, uh Cherry
[16:01]
Run, etc. Uh
[16:04]
>> do you want an update on the number of
[16:08]
residences that they each have proposed
[16:10]
and developed or do you just want a
[16:12]
quick rundown?
[16:13]
>> Um so just a quick rundown. Cherry Run
[16:17]
we understand to be I believe the last
[16:19]
county in your pipeline was 1,0
[16:22]
dwellings. Is that still accurate?
[16:24]
>> Cherry Run sits at 800. Now all of them
[16:26]
have proposed numbers and zero in
[16:29]
development. And I can tell you that New
[16:31]
Market has just provided a comprehensive
[16:33]
plan to Frederick County for review and
[16:36]
comment and that will just be starting
[16:39]
soon. We have no comments yet from New
[16:41]
Market.
[16:42]
>> Okay.
[16:44]
Um
[16:46]
any other general Frederick County
[16:48]
information that could impact uh the
[16:50]
town?
[16:53]
>> Nothing truly comes to mind. I can tell
[16:55]
you that data centers have been a hot
[16:57]
commodity and they will not affect Mount
[17:00]
Ary just because the overlay zone is a
[17:03]
little closer to Frederick City itself
[17:05]
and will not impact mount area at all.
[17:08]
>> Right. We're talking about the former
[17:10]
East Alco property.
[17:11]
>> Exactly. The Quantum or Right.
[17:14]
>> I could tell it has another name too.
[17:16]
They have a lot of names.
[17:18]
>> I turn to the commissioners then. Do the
[17:20]
commissioners have any questions for
[17:21]
Frederick County uh business or matters?
[17:30]
Go ahead, Steve.
[17:32]
>> We had discussed at some point in the
[17:34]
past about a substation
[17:37]
right off of Mount Ary's property. Um,
[17:41]
and that I believe was Frederick County.
[17:43]
Did they have Were they supposed to give
[17:44]
us an update on that or let us know
[17:46]
where that is? Uh, John, I think he's
[17:48]
referring to Frederick County offered us
[17:50]
uh an opportunity to comment on I
[17:53]
believe it was was it an annexation to
[17:55]
allow a
[17:58]
>> reasoning reszoning? That's right.
[18:00]
>> Consolidation and a reszoning of a
[18:02]
parcel. I don't think that that moved
[18:04]
forward with a positive approval.
[18:06]
>> Okay.
[18:06]
>> It was the last thing I remember. It did
[18:09]
not get approved.
[18:10]
>> Okay.
[18:10]
>> At the county level,
[18:11]
>> was that taken a portion of the regular
[18:13]
farm or am I mistaken?
[18:14]
>> I don't think so.
[18:15]
>> Okay. Okay.
[18:20]
» Right.
[18:21]
>> Oh, that's right.
[18:22]
>> Right. They were trying to
[18:23]
>> They were non-conforming use.
[18:25]
>> That's right. It was a non-conforming
[18:27]
use and they were trying to just make it
[18:29]
all correct.
[18:30]
>> I gota
[18:31]
>> which would allow them to expand
[18:33]
without, you know, with the
[18:34]
non-conforming use, they really can't
[18:36]
expand it.
[18:36]
>> Gotcha. Could could could you refresh
[18:40]
Matt on that and maybe uh send the
[18:42]
commissioners a quick question because I like the question from Commissioner
[18:46]
Simsberger if you don't mind.
[18:48]
>> The last time I remember it was had died
[18:50]
>> had died commission level.
[18:53]
>> All right. Any other uh possible
[18:56]
questions? Matt, thank you very much.
[18:58]
Welcome to the town of Mount Ary.
[19:00]
>> Thank you guys so much.
[19:02]
>> Thank you.
[19:04]
Uh we're going to move now to item five
[19:06]
on our agenda. This is discussion and
[19:08]
approval of the Twin Arch Business Park
[19:10]
Lot 15C section 4. Um, as background,
[19:14]
this agenda item was tabled at the prior
[19:16]
commission meeting for the reason that
[19:18]
the commissioners ruled that there was a
[19:20]
need for additional information or
[19:22]
clarity on the final site plan when it
[19:25]
was compared to the concept plan that
[19:28]
was approved back on May 19th of 2025.
[19:33]
Um, for the commissioners, there's no
[19:35]
staff report uh other than the one that
[19:38]
was presented on August 31st at the
[19:40]
previous meeting. Um, so for this item,
[19:44]
we're just going to um first pause and
[19:47]
ask John if he wants to provide any
[19:49]
update because I propose that we move
[19:51]
right into the four areas that we asked
[19:53]
for additional information.
[19:55]
>> I have nothing to add to that.
[19:56]
>> Fantastic. Uh, Mr. Patel, if you'll
[20:00]
please come. and um Miss King or very
[20:05]
good
[20:07]
um
[20:09]
and because I believe this is the first
[20:12]
time Mr. Patel um
[20:15]
>> you're certainly welcome to introduce
[20:16]
yourself representing the engineering
[20:18]
for the property.
[20:20]
>> Good evening everyone. My name is Tal
[20:22]
Kumar Patel, a professional civil
[20:24]
engineer from Wenmar Associate and I'm
[20:26]
here representing Kingsport Construction
[20:28]
L 15C for final site plan.
[20:31]
>> Very good. Thank you very much. Uh so
[20:34]
let's proceed. The first item that we
[20:36]
had uh asked for additional information
[20:39]
was to understand what was going to be
[20:41]
the true water and sewer allocation for
[20:45]
the final site plan because uh there was
[20:49]
seen some building changes and so forth
[20:52]
and some water connections, some water
[20:54]
connections from the previous plan that
[20:56]
were no longer going to be connected,
[20:59]
etc. And so again, we had a rich debate
[21:02]
as to what was the real number with
[21:04]
regard to the water allocation.
[21:06]
So um as a start back on May 19th of
[21:10]
2025,
[21:12]
uh we understood at the concept plan
[21:14]
approval that this property in that
[21:16]
concept plan design was going to require
[21:18]
2,314
[21:21]
gallons per day at that time. And then in the interim of course there was
[21:26]
a redesign that was now offered as the
[21:28]
final plan and again some changes with
[21:31]
regard to the buildings uh and so forth.
[21:34]
And it's my understanding that the town
[21:37]
engineer in concert with you Mr. Patel
[21:40]
you've now assessed that the different
[21:42]
site plan has uh an agreed new water
[21:46]
allocation of 1,727
[21:49]
gallons per day. And I'll stop there. Is
[21:52]
that correct?
[21:52]
>> That is correct. Yes. And Barney, is
[21:54]
that correct?
[21:56]
>> Yes, that is correct.
[21:57]
>> Okay. Um, so then with that being agreed
[22:02]
between the town engineer and the
[22:04]
engineer for the property, I turn to the
[22:07]
commissioners. Do you have any questions
[22:08]
with regard to that water allocation of
[22:12]
1,727?
[22:13]
Commissioner Walls,
[22:15]
>> it's not so much a question, but just
[22:17]
for the sake of documentation,
[22:19]
um, you know, in this memorandum, uh,
[22:22]
dated 921 2026,
[22:25]
in the number one, it talks about, you
[22:28]
know, the final site plan has an
[22:29]
allocation of 1,027. I'm assuming that's
[22:32]
because the 700 gallons per day that
[22:34]
were already allocated. Yeah,
[22:36]
>> but it's saying that that was an
[22:37]
approximate 46% reduction in the
[22:40]
allocation. And that's not really that's
[22:42]
not really accurate because we already
[22:43]
said it's 1727.
[22:45]
>> So it's really just a 25% reduction from
[22:47]
what was there before. So it's not
[22:49]
really a you know I think everybody
[22:50]
knows what's going on but to have to
[22:52]
like reverse engineer the documents uh
[22:56]
and I think for the sake of
[22:57]
documentation that should be accurate in
[22:59]
the staff report or in the memorandum or
[23:02]
whatever. So, so if I may, Commissioner
[23:04]
Walls, let me trail on that because it
[23:05]
raises a good question. For the project
[23:08]
file and for the recordation of that
[23:11]
water allocation, which in our code is
[23:14]
an enormously important number for
[23:16]
everybody to agree to. Um, and perhaps a
[23:20]
question to Mr. McCarron here. Should we
[23:22]
ask that there be a correction to the
[23:24]
engineers's letter or is this minutes uh
[23:29]
are these minutes acknowledging
[23:30]
everyone's agreement on 1,727
[23:33]
gallons per day sufficient?
[23:37]
>> Um I would I would ask for a correction
[23:41]
to the submission from the engineer.
[23:43]
>> Okay. Okay. Mr. Patel, is that
[23:46]
agreeable?
[23:47]
>> Uh yes.
[23:48]
>> Okay. But this memorandum is just for
[23:50]
giving a clarification on all those four
[23:53]
questions. I guess we have corrected on
[23:55]
a plan. So is there memorandum? Is this
[23:59]
something you ask me to correct or
[24:01]
>> so the so the 1727 is reflected on the
[24:04]
final plan sheets?
[24:06]
>> That's correct.
[24:06]
>> Could you direct us to which sheet shows
[24:08]
that, sir?
[24:12]
>> Cover sheet.
[24:15]
should have a whole plan there
[24:17]
>> in the right margin.
[24:24]
» So I see number 12 in the right margin
[24:27]
it says estimated water flow is 1,027
[24:31]
gallons per day
[24:33]
>> which is correct because the existing is
[24:35]
700.
[24:36]
So I think what they're looking for and
[24:38]
what Commissioner Wallace is looking for
[24:41]
is this memorandum which will go in the
[24:43]
permit record that we do a revision and
[24:45]
I'm thinking that in parentheses we
[24:47]
should possibly put in there the 700
[24:49]
gallons that exist for the total lot not
[24:52]
this project.
[24:53]
>> Okay. So memorandum not
[24:55]
>> and we'll change it to the 25%.
[24:57]
>> So just to be clear so the the 700
[24:59]
gallons per day they were for the two
[25:01]
residential existing
[25:03]
>> properties. Is that right? Correct.
[25:04]
Because they were initially 350
[25:05]
a piece,
[25:06]
>> right? 350 per,
[25:07]
>> right? And then that particular parcel
[25:10]
got chopped up and then that part got
[25:12]
put into 15C. That allocation got put
[25:14]
into 15C.
[25:16]
>> Well, I would defer to engineering on
[25:17]
that because that's his avenue.
[25:20]
>> That's correct. Um, so when we look at a
[25:22]
site plan and we're looking at from APFO
[25:24]
standpoint, we're looking at what
[25:26]
additional water is being required. So
[25:28]
when they say in the memo that the final
[25:32]
site plan will have 1027 additional
[25:36]
gallons per day, that is a correct
[25:38]
statement. Um it could be clarified to
[25:41]
say in addition to the 700 that would
[25:43]
give a total site allocation of 1727.
[25:47]
>> That's I think that's necessary.
[25:48]
>> Yeah, if we could do that um I I think
[25:51]
just put that into the memo.
[25:54]
>> I think that's enough. But I don't think
[25:56]
we need to update drawings because that
[25:58]
is correct
[26:00]
um allocation for that 15C
[26:03]
drawing.
[26:05]
>> Meaning we already have an existing 700.
[26:07]
What we're add what we're adding is
[26:09]
1027.
[26:10]
>> Okay.
[26:11]
Um, and so I guess the final
[26:14]
documentation of the agreed 1727 would
[26:18]
be that is that is the number that
[26:21]
you're going to record for 15C in your
[26:24]
water management spreadsheet.
[26:27]
>> Correct.
[26:27]
>> So that that would capture the correct
[26:30]
number or the total number there.
[26:32]
>> Yeah.
[26:33]
>> Okay.
[26:33]
>> Because there's an existing line that
[26:35]
already has 700 gallons a day. There's a
[26:37]
new line that will have well several new
[26:40]
lines because it's per building.
[26:42]
>> Okay.
[26:42]
>> That'll have the various ones that add
[26:44]
up to 27.
[26:46]
>> Okay. So, um with apologies that I'm
[26:49]
kind of taking the mic here. I think
[26:51]
what I am hearing is that we would like
[26:53]
the memorandum to be corrected, Mr.
[26:55]
Patel. And with the assurance that the
[26:58]
town engineer is going to record that
[27:00]
lot as 1727,
[27:02]
the engineer is recommending no need to
[27:04]
cover the to change the cover sheet for
[27:07]
the drawings. Is all three all three
[27:10]
correct, John?
[27:13]
>> Yeah, I think we're okay. I was just
[27:14]
wondering to to to satisfy Heather is,
[27:17]
you know, maybe we removed that section
[27:19]
of the 4625. Is it necessary to show the
[27:23]
reduction from what it was? We can
[27:25]
clearly see there was a reduction in
[27:27]
gallons per day. You know, is it we're
[27:29]
striking that line or do you want to
[27:31]
have that line on
[27:32]
>> wherever? It needs to just be recorded
[27:34]
somewhere where it's obvious. I mean, if
[27:36]
you go into this this spreadsheet
[27:39]
>> like on here,
[27:42]
you know, it's 8,000 times. 07 and it
[27:44]
says 210.
[27:46]
>> That's not correct.
[27:48]
>> If you look in the comments, it tells
[27:50]
you there's an existing 350. So,
[27:53]
>> it doesn't say 350. 560. It says one
[27:56]
commercial unit, right?
[27:57]
>> It doesn't say 350 on here, Bernie. All
[28:00]
I'm saying is like there's the math
[28:02]
isn't mapping and
[28:03]
>> I have an updated information.
[28:06]
>> I have an updated sheet that apparently
[28:07]
didn't make it make it in your packets
[28:09]
that show the existing 700. Um, and it
[28:11]
gives you a total of 1727 for the for
[28:14]
the site.
[28:15]
>> Right. And and I and I believe the
[28:17]
point's being made that if you take the 8,000 times the 7 for
[28:24]
those two former residences,
[28:28]
right, who that are now flex warehouse
[28:31]
or the two former residential buildings.
[28:36]
>> If you take the 7* 8, you get 560. But
[28:40]
what that chart is showing is 210. And
[28:43]
that 210 is because you subtracted 350
[28:47]
from
[28:49]
>> from the 560.
[28:51]
560US 350 is 210. So I think I I
[28:57]
understand what she's asking for. Why
[28:58]
don't we just put 560 in both of those
[29:01]
squares? And that way we get 1727.
[29:04]
>> You know, that's just an estimate sheet.
[29:06]
But the point is that,
[29:08]
you know, I'm not trying to throw anyone
[29:09]
under the bus here, but the point is
[29:11]
that we're we're here reviewing this
[29:12]
packet right at home with no other
[29:15]
information. And I have to reverse
[29:17]
engineer the numbers and try to figure
[29:19]
out why the math is wrong and why it
[29:22]
says one, you know, 1,027 instead of
[29:24]
1727. And so all I'm saying is it needs
[29:27]
to be documented appropriately that it's
[29:30]
a total of 1727. Where that happens, I
[29:33]
don't care. I just think it needs to be
[29:35]
on the record.
[29:36]
>> Gotcha. Okay.
[29:39]
>> Go ahead, Barney.
[29:40]
>> Clarification.
[29:40]
>> Sure.
[29:41]
>> This this document I don't normally
[29:43]
share. These are are calculations that
[29:45]
we use internally. In the calculation,
[29:47]
it shows you it subtracts 350. So it
[29:50]
gives the of what you don't see in the
[29:53]
spreadsheet. The formula shows 8,000*
[29:56]
007 gives you 560 minus 350 is 210. in
[30:00]
the comment in the comments in the
[30:02]
comments it says
[30:04]
>> connected and paid one commercial unit
[30:06]
723 that's 350 gallons. So that tells
[30:10]
you right there there was already a 350
[30:12]
applied to that to that site or that
[30:15]
building.
[30:16]
>> So that's the difference. I know it's
[30:19]
not clear to you but that's why I sent a
[30:21]
updated sheet. It did not make it in
[30:23]
your packets.
[30:24]
>> Okay.
[30:25]
>> Sorry.
[30:26]
>> So So let me offer again. I'm trying to
[30:28]
wrap up. How are we going to be
[30:30]
agreeable on closing out this this water
[30:32]
allocation thing? I believe we have an
[30:34]
agreement that we need to get a
[30:36]
resubmission of that letter with the
[30:39]
corrected number.
[30:40]
>> Okay. Uh and that John I'm going to
[30:43]
surmise is going to be a document that
[30:45]
goes in the project file.
[30:46]
>> Correct.
[30:47]
>> And so we'll have that record of the
[30:49]
corrected number 1727.
[30:53]
Barney's indicated that he is tracking
[30:56]
1727 for lot 15C in his water management
[30:59]
spreadsheet.
[31:01]
Um,
[31:02]
and the town engineer and the zoning
[31:05]
administrator both those two actions are
[31:08]
sufficient in their minds to record this
[31:10]
accurately. Is that is that what I'm
[31:12]
hearing?
[31:12]
>> Yes.
[31:13]
>> Okay. Any commissioner issue or
[31:15]
additional requirement for recording
[31:18]
1727 for this as the water allocation?
[31:22]
Then is it agreeable that this item has
[31:24]
been addressed and is agreeable for that
[31:27]
number? Okay, then
[31:31]
let's close this area
[31:34]
and um
[31:36]
and again for the public I want to
[31:38]
emphasize why this is an important thing
[31:40]
because
[31:42]
in 98-30
[31:44]
uh excuse me 9830J
[31:47]
um it states the town planning
[31:49]
commission shall determine at the final
[31:51]
site plan review stage whether the final
[31:53]
site plan proposal or any phase thereof
[31:56]
increases the demand for water and/or
[31:59]
sewer from that proposed in the approved
[32:03]
concept plan. If the planning commission
[32:06]
determines that the final site plan
[32:08]
proposal
[32:10]
does not increase the demand for water
[32:13]
or sewer allocation, the final site plan
[32:15]
review and approval process shall
[32:18]
proceed. So, I know I dwelled on this a
[32:21]
while, but it was key that we hit this
[32:23]
first because I believe now we may
[32:25]
proceed with the other areas and then
[32:28]
ultimately the final site plan review
[32:30]
and decision. Uh so it it did not
[32:34]
increase. Uh the original was 2314.
[32:38]
We're now at 1727.
[32:40]
So I believe uh we're good on that area.
[32:43]
The second area is clarity regarding the
[32:45]
streets and roads aspect of the final
[32:47]
site plan compared to the concept plan.
[32:51]
Um once again the town engineer in
[32:53]
concert with the uh applicants engineer
[32:57]
uh they've applied the manual for the
[32:59]
institute of transportation engineers
[33:02]
and have calculated the peak hour trips
[33:04]
that are going to be required from the
[33:07]
activity depicted in the final site
[33:09]
plan. And in comparing that latest set
[33:13]
of calculations to those done previously
[33:15]
at the concept plan stage, um it is my
[33:19]
view, and I'm eager to hear what the
[33:21]
commissioner say. It is my view that the
[33:24]
new peak hour trip calculations for the
[33:26]
final site plan are lower than the
[33:28]
concept plan peak hour trips. Um and so
[33:33]
I'll pause again and ask Barney, do you
[33:35]
want to add anything to that statement?
[33:37]
Is it is it accurate? That is correct.
[33:41]
>> Okay, Mr. Patel,
[33:42]
>> it is correct.
[33:43]
>> It's correct, John.
[33:45]
>> Okay. Uh, commissioners, do you have any
[33:48]
questions with regard to the new
[33:50]
calculations for trip frequency at peak
[33:53]
hour?
[33:56]
Seeing none, I'm going to close this
[33:58]
second area uh by concluding that the
[34:00]
streets and roads portion of the APFO
[34:02]
certifications are still certified as
[34:04]
adequate given the fact that there is
[34:07]
actually a reduction of the peak hour
[34:09]
traffic associated with the final site
[34:12]
plan. The third area is clarity that we
[34:15]
asked for with regard to the landscaping
[34:17]
plan. And our particular focus in the
[34:20]
last meeting was the landscaping plan
[34:23]
relative to the sightelines toward
[34:26]
Britney Manor. And the uh already
[34:30]
referred to separate uh September 21
[34:32]
memo from Van Maher on this topic reads,
[34:34]
quote, "To address this question,
[34:37]
instead of the relocation of existing
[34:40]
trees, the final site plan has been
[34:42]
updated to include 10 new trees,
[34:45]
including three new street trees along
[34:49]
back acre circle. Also, there is an 8-
[34:53]
foot high black chain link fence with
[34:56]
insert flats to provide a solid
[34:59]
screening along back circle and a
[35:02]
screening of the site from the direction
[35:06]
of Britney Manor. And so, are those
[35:09]
statements all correct, Mr.
[35:10]
>> Correct? Gotcha. Um, and so, uh, I turn
[35:14]
to sheet 11 of the design drawings,
[35:18]
which is the specific landscaping plan
[35:21]
for the final site plan. And a simple
[35:25]
straightforward question is the
[35:27]
information you provided us in the
[35:29]
letter I just quoted also depicted in
[35:32]
sheet 11 for the landscaping.
[35:33]
>> That's correct. Yes.
[35:34]
>> Fantastic. Um, any questions,
[35:38]
commissioners?
[35:40]
Commissioner Walls? Has there been any
[35:42]
other changes to the landscape plan
[35:44]
since the original one that we saw?
[35:46]
>> No, we just added uh 10 new trees
[35:48]
instead of relocating it because of I
[35:51]
think we noticed that some trees are
[35:53]
dead. So instead
[35:55]
>> they're dead. Yeah.
[35:56]
>> So instead of relocating, we are putting
[35:58]
the 10 new trees.
[35:59]
>> Okay.
[36:01]
Any other questions,
[36:03]
commissioners, on the landscaping
[36:06]
um information?
[36:09]
And uh again Barney I didn't ask you
[36:11]
point blank but uh is that landscaping
[36:12]
plan acceptable to you and John also is
[36:15]
it okay then I believe we are agreed on
[36:19]
this third topic with regard to the
[36:21]
landscaping plan. It is acceptable and
[36:24]
it adequately screens the land use on
[36:27]
lot 15C particularly from the sidelines
[36:31]
of uh Britany Manor.
[36:34]
The fourth and final area we requested
[36:37]
clarity on has to do with our concern
[36:39]
whether the final plan was submitted
[36:41]
within the code required time of six
[36:43]
months after the May 19th concept plan
[36:47]
approval. I raised this issue and I
[36:50]
simply asked could we get uh
[36:52]
documentation as to the communications
[36:56]
postconcept plan between uh the
[36:59]
engineering firm and the town as to
[37:02]
whether we can conclude they did indeed
[37:04]
submit the material for the final plan
[37:06]
within that six-month period. Um, in
[37:09]
response to that, I believe Vanmar
[37:11]
submitted several pages of memorandums
[37:13]
which document those communications. And
[37:16]
I see on the very first of those memos
[37:18]
that were in the uh stack that was
[37:20]
provided for us, uh there's a record of
[37:23]
the first submitt of the final site plan
[37:26]
dated October 17,
[37:29]
2025.
[37:30]
And so from May 19th to October 17th,
[37:34]
that's roughly five months.
[37:36]
>> Five months. And so five months against
[37:39]
the code required, six months um I see
[37:43]
that in fact uh the plan was submitted
[37:46]
within the code requirement. Is is that
[37:49]
your view also Mr. Patel?
[37:50]
>> That is correct.
[37:51]
>> Okay, Barney John?
[37:54]
>> Yep, that's correct.
[37:55]
>> Okay, commissioners, any questions on
[37:57]
the timeline of communications to meet
[38:00]
the code requirements?
[38:05]
Seeing none, I believe we're all agreed
[38:07]
now that we can close this fourth and
[38:09]
last area of clarity that we asked for
[38:11]
at the last meeting. And with that
[38:13]
agreement, I believe we can now move to
[38:16]
proceed into deliberation of the final
[38:20]
site plan itself. Um
[38:23]
I want to I want to give a little
[38:26]
guidance here. Um the code gives us some
[38:29]
information with regard to final site
[38:31]
plan approval from the planning
[38:33]
commission. And the choices that we have
[38:36]
with regard to the final site plan are
[38:38]
number one, we may unconditionally
[38:40]
approve the u new water and sewer
[38:44]
allocation and the final site plan as
[38:46]
submitted.
[38:48]
The second option we have is of course
[38:51]
we may conditionally approve the final
[38:53]
site plan and water allocation.
[38:56]
And if a conditional approving uh uh
[38:59]
conditional approval is motioned and
[39:01]
approved, then the code requires that we
[39:04]
identify which of those conditions in
[39:06]
that approval are deemed minor and which
[39:09]
ones are deemed major. Those that are
[39:12]
deemed minor by this commission are
[39:14]
those then that are monitored and
[39:17]
checked off by the town staff,
[39:19]
specifically the town zoning
[39:20]
administrator for satisfaction. And then
[39:23]
once those are done to his satisfaction,
[39:26]
he then renders final approval of the
[39:29]
final plan. Those that are deemed major
[39:32]
if we have a conditional approval are
[39:34]
those conditions which have to circle
[39:37]
back to this commission to review what
[39:40]
was done to satisfy that condition and
[39:43]
then we render that satisfaction and
[39:46]
final approval. So I'm just offering
[39:48]
some care as to whether a motion is made
[39:51]
for a conditional approval.
[39:54]
Lastly, of course, we all know the
[39:57]
commission may disapprove the plan as
[39:59]
presented tonight along with its water
[40:01]
allocation.
[40:03]
If the final site plan is disapproved
[40:05]
according to the code, the water and
[40:07]
sewer allocation, SA continue to be
[40:10]
reserved for the application pending
[40:13]
approval of the final site plan and the
[40:16]
applicant may revise the plan to address
[40:20]
any reasons for the disapproval and then
[40:23]
reapply. So in the case of disapproval,
[40:25]
we hold the water allocation until we
[40:27]
see whether the applicant comes forward
[40:29]
again with a revised plan. So with that
[40:33]
guidance straight from the code, I ask
[40:35]
that John put up his staff report and
[40:38]
recommendation from August 31st on this
[40:40]
topic. I believe he also provided each
[40:43]
of you a hard copy of that in case our
[40:46]
screen doesn't work.
[40:48]
>> It should work
[40:49]
>> again. Thank you.
[40:51]
>> It should work. Is it warming up?
[40:54]
>> Take a millisecond here.
[40:56]
>> I think we had a warm-up issue last
[40:58]
time. There we go.
[40:59]
>> All right. Good. I don't know if you can
[41:01]
blow that up because um I'm I'm 42 and I
[41:05]
sometimes have heart um I'm just joking.
[41:09]
There we go. Beautiful. Thank you so
[41:11]
much, John. So, commissioners, I'm
[41:13]
guiding us along here to the final site
[41:16]
plan deliberation. This was the staff
[41:19]
recommendation last time. We tabled it
[41:22]
because we needed more information and
[41:24]
we have gotten through those four areas.
[41:26]
So, we're at this point now and that is
[41:28]
what John recommends. John, I now turn
[41:31]
to you. Do you wish to amend, edit, or
[41:33]
correct any of what you gave us last
[41:36]
month?
[41:37]
>> The only thing I would potentially think
[41:39]
about removing is the last line. Again,
[41:42]
when I was out at the site a month ago,
[41:44]
I didn't see any of the uh materials for
[41:46]
the turf fields being stored outside as
[41:49]
they were previously. I think they're
[41:51]
all inside their storage buildings. I
[41:53]
didn't see any out on tractor trailers
[41:56]
or any open bags anywhere. So, that's
[41:58]
potentially the only thing I could see
[42:00]
is being removed.
[42:02]
>> Um
[42:05]
>> bless you. Bless Um, so, um,
[42:10]
>> because again this
[42:11]
>> No, I I I got you. I'm just asking it.
[42:13]
sounded as if you were leaving the
[42:16]
removal to us. Are are
[42:18]
>> are you striking it?
[42:20]
>> Yeah, I'm saying it could be strike
[42:22]
because again, that's really not part of
[42:23]
this site plan. It's own separate
[42:25]
operation.
[42:26]
>> Okay. Um, any other edits or amendments
[42:30]
that you
[42:31]
>> No, that's the only one.
[42:32]
>> Okay. Um, I'm going to ask town engineer
[42:34]
to weigh in on this, too. Uh, because
[42:37]
there are sprinkler systems and such.
[42:39]
Um, do you have any proposed
[42:42]
improvements, changes to this
[42:44]
conditional approval?
[42:45]
>> No, I agree with it as is.
[42:51]
» You agree? Okay. Um, commissioners, do
[42:54]
you have any uh questions on these? Um,
[42:57]
so we're going to strike the very last
[42:59]
one with regard to the storage of that
[43:01]
material. Uh, the other conditions, I
[43:05]
see three other conditions underneath
[43:07]
the
[43:08]
uh, approval. Uh, Commissioner Hadley,
[43:11]
>> I was just going to say we need to put
[43:13]
in a sentence about the memo being
[43:14]
corrected.
[43:16]
>> Uh, we can do that.
[43:18]
>> Sure. Sure.
[43:19]
>> We can do uh to correct the water
[43:21]
allocation statement of earlier. Yes.
[43:24]
Commissioner Wallace,
[43:25]
>> can you explain why you wanted to remove
[43:27]
the last one? Because I was actually
[43:28]
thinking the last line should stay, but
[43:30]
it should be updated to will instead of
[43:31]
should.
[43:35]
» That's okay, too. I mean, that's again,
[43:37]
it's it's just that it's not relative to
[43:40]
what's being presented here. Again, it's
[43:42]
already an existing use on the parcel.
[43:44]
>> I know we had talked about it before.
[43:46]
Was it when the first concept plan came
[43:48]
through?
[43:48]
>> Well, no, it was when it a concept and
[43:50]
final came through years ago. a couple
[43:53]
years ago.
[43:55]
>> I'm I'm I'm comfortable with changing
[43:58]
should to will.
[43:59]
>> That would be okay.
[44:01]
>> Any any commissioner comment on that
[44:02]
suggestion? We're we're pulling the last
[44:05]
bullet back in, but we're changing
[44:07]
should to will.
[44:08]
>> Will be stored.
[44:09]
>> I think the as I recall the there was
[44:11]
like concern about PAS and correct
[44:14]
leeching into the ground
[44:15]
>> and the rain and right and such. Yeah.
[44:18]
>> Yeah.
[44:19]
>> So
[44:19]
>> yeah. And I believe at that initial time
[44:21]
the bags were being stored in the
[44:23]
bunkers.
[44:24]
>> Uh no, two years ago when I was out
[44:26]
there I noticed that there were um some
[44:29]
of the turf fields were just sitting on
[44:30]
a tractor trailer out in just in the
[44:32]
yard. Okay.
[44:34]
>> And some of the PAS bags of beads were
[44:36]
just sitting out exposed. I think the
[44:38]
tops were open.
[44:39]
>> Okay.
[44:40]
>> So, and I think they they corrected
[44:42]
those issues.
[44:43]
>> Okay.
[44:44]
>> I could tell.
[44:45]
>> Okay. Um, so good comment on that. Um,
[44:52]
any other commissioner input? Once
[44:53]
again, no. Uh, I turn to Mr. Patel and
[44:57]
the applicant. Do you see any of these
[44:59]
conditions ownorous or unachievable?
[45:07]
And we will include the uh, resubmission
[45:10]
of the memorandum.
[45:12]
uh whoever makes the motion will include
[45:14]
that as a uh as a condition for toward
[45:19]
final approval.
[45:20]
>> Okay. I just want to make a comment just
[45:22]
for the clarification for the last one.
[45:25]
Isn't that the existing views of the
[45:27]
site is it separate from what we are
[45:30]
representing the site plan for or
[45:35]
» Exactly. That's why I was saying to
[45:36]
remove it
[45:38]
>> but again the use
[45:40]
>> is different than what is the use of the
[45:42]
site is already been there and it's
[45:45]
existing so it has I'm not sure whether
[45:49]
it's a connection with this site plan.
[45:51]
>> Okay. So again I turn to u possibly Mr.
[45:55]
McCarron but I certainly turned to John.
[45:58]
This was your recommendation. So, uh,
[46:01]
we're now back to, uh, a proposal to
[46:04]
strike it.
[46:06]
>> I'm I'm indifferent, like you're saying.
[46:08]
I mean, I can see where
[46:09]
>> Heather could still be concerned about
[46:11]
this. Again, the, um,
[46:12]
>> let me, uh, let me see if I can resolve
[46:14]
it this way. Do you see the requirement
[46:16]
or the condition here as one you can't
[46:19]
attain or is it something you're going
[46:20]
to do as a matter of business?
[46:22]
>> I think that's what I I just don't want
[46:24]
to have a string connected to this side
[46:26]
plan. I mean, I'm sure they will be able
[46:28]
to resolve and I think they already have
[46:30]
resolved.
[46:31]
>> Okay.
[46:32]
>> But I just want to make sure for the
[46:34]
clarification.
[46:34]
>> No, I understand.
[46:36]
I'm not saying that they won't be able
[46:38]
to do it, but it's just
[46:40]
>> got you. Um, Commissioner Walls,
[46:42]
>> if we could just get some clarification
[46:44]
on I know that we've talked about this
[46:45]
before and I know that we changed that
[46:47]
language from should to will or
[46:49]
something like that before and I just
[46:52]
don't recall what that what that was.
[46:56]
Um, was it I was wondering if it was
[46:58]
like an earlier, you know, the initial
[47:00]
concept plan coming in.
[47:02]
>> Well, it was probably 15B when it was
[47:05]
initially just the over overall larger
[47:08]
parcel before they came in and
[47:10]
subdivided off the portion they're
[47:13]
deeding to the town.
[47:14]
>> Okay.
[47:14]
>> Um, again, so that's why the use is
[47:18]
already on here. The that recycling
[47:21]
won't be in the buildings that are being
[47:22]
the new proposed buildings. They'll be
[47:24]
in some of the existing buildings that
[47:26]
they're enclosing. Um,
[47:28]
>> but that that's one of the proposed
[47:29]
warehouses on 15C, right?
[47:31]
>> Well, again, it'll be one of the um
[47:34]
other buildings in the rear, but yeah,
[47:35]
it's one of the it'll be an existing
[47:37]
warehouse that they're utilizing
[47:39]
already.
[47:39]
>> I thought it was currently in the pole
[47:41]
shed. Didn't we talk about before it was
[47:43]
currently being stored in the pole shed
[47:45]
building,
[47:45]
>> right? Building number six on
[47:48]
>> open on one side and closed on.
[47:49]
>> I think that's been enclosed if I'm not
[47:52]
mistaken. And that's all been enclosed
[47:53]
where they're recycle recycling the um
[47:56]
materials are all being enclosed.
[48:00]
» We are um one building has been enclosed
[48:04]
and one is being enclosed. So there
[48:08]
>> which building are you currently doing
[48:10]
the recycling of the turf material in?
[48:13]
Do you know?
[48:14]
>> One all the way in the back.
[48:15]
>> Right. So that would be building not
[48:16]
building seven which is an existing pole
[48:19]
shed. It's building six, the existing
[48:21]
post shed building.
[48:24]
One is 6,2445
[48:27]
square feet. The larger of the two
[48:29]
buildings back there is where you're
[48:30]
doing the recycling and and the storage
[48:33]
of the the um turf and the beads, where
[48:37]
are they being stored after?
[48:40]
>> Yeah.
[48:40]
>> Inside that building. again.
[48:43]
>> So, that building with its current
[48:48]
operations has a permitted use.
[48:51]
>> Correct.
[48:52]
>> You have given them a permit for them to
[48:54]
operate
[48:55]
>> that business in that structure.
[48:59]
>> The structures exactly stipulation.
[49:02]
>> Right. That was a tad that was part of
[49:04]
their stipulation. That's what you plan.
[49:07]
>> That's what I was.
[49:07]
>> That's why I'm sort of saying to remove
[49:09]
it from here because it's really not
[49:11]
pertinent to this design,
[49:13]
>> which is Mr. Patel's point, right?
[49:15]
>> Yeah.
[49:16]
>> So, I think we're back to striking it.
[49:18]
If you've already permitted the
[49:20]
recycling operation and the handling of
[49:23]
the beads per that caution,
[49:26]
then
[49:28]
it's it's already been it's already been
[49:31]
required as a part of your permit
[49:34]
>> the original.
[49:34]
>> Is that accurate?
[49:35]
>> Of the original site plan. Exactly.
[49:37]
>> Of the original. Okay. Does does that
[49:40]
satisfy?
[49:41]
>> I don't know.
[49:42]
>> No.
[49:43]
>> Okay. I think what what Heather's
[49:46]
saying, I'm trying to remember too that
[49:48]
when this came forward in the the
[49:49]
concept that this was an issue and that
[49:52]
we brought it up and we talked about it,
[49:55]
but there's been changes and I think if
[49:59]
those buildings are part of this site
[50:02]
plan, then it's still pertinent,
[50:04]
>> okay,
[50:04]
>> to it. And because we we we had it the
[50:08]
way it was supposed to be according when
[50:10]
we all agreed upon it and then there was
[50:11]
a bunch of changes and now we're at a
[50:14]
different point. Now we're saying we
[50:15]
don't need it. So
[50:16]
>> So so let's try this. I'm trying to
[50:17]
weave in between all of these
[50:19]
statements. So, how about we leave it
[50:20]
in, but we change the wording to
[50:23]
recycling of turf fields shall continue
[50:26]
to be stored because that recognizes
[50:30]
that it's already underway as a
[50:32]
permitted use and we're simply
[50:34]
emphasizing it again here.
[50:36]
>> Right.
[50:37]
>> Is that fair to all?
[50:38]
>> I'm okay with that.
[50:39]
>> Is that is that good? Shall continue to
[50:43]
be etc. Okay. Mr. Patel comment.
[50:48]
Yeah, we are we are happy with that.
[50:49]
That's
[50:50]
>> you're acceptable.
[50:51]
>> Okay, good. All right. Uh so with the
[50:57]
added bullet with regard to the
[50:59]
memorandum regarding the water
[51:01]
allocation correction
[51:03]
um then I would propose the conversation
[51:07]
among the commissioners only as to
[51:09]
regarding all of those there'll be five
[51:13]
with the memorandum correction. All five
[51:16]
are deemed minor conditions in such a
[51:21]
proposed conditional approvement.
[51:23]
Meaning again that those conditions
[51:25]
would be monitored by the town staff and
[51:29]
their determination as to the
[51:31]
satisfaction and then once all those
[51:34]
conditions have been met satisfactoryy
[51:37]
to the town staff's
[51:40]
uh assessment then the final site plan
[51:43]
approval is issued. Uh, does any
[51:46]
commissioner see any difference in those
[51:48]
being minor
[51:51]
or do you want any of these to circle
[51:53]
back to this body for that assessment?
[51:58]
Commissioner Simmelsberger, you're
[52:00]
itching to talk.
[52:01]
>> Which buildings are going to be required
[52:03]
to have the sprinklers?
[52:06]
The ones that have water connections and
[52:08]
the ones that don't will not have
[52:10]
sprinklers,
[52:11]
>> or do they all require sprinklers?
[52:14]
I believe it's just buildings nine and
[52:16]
10. Am I right?
[52:17]
>> That's that's correct. And that'll be
[52:18]
determined from Carol County when they
[52:20]
go to get a building permit uh based on
[52:23]
their requirements. Again, we're not a fire protection engineer.
[52:27]
>> Okay.
[52:27]
>> Um so that would defer to Carol County
[52:30]
when they go through to get their
[52:31]
building permits. um if it's required
[52:34]
for their use um for flex industrial and
[52:38]
warehouse then that's when they'll have
[52:40]
to comply with that code and that code
[52:43]
section through Carol County.
[52:45]
>> Okay.
[52:45]
>> As it says per building permit
[52:47]
requirements.
[52:50]
>> So rather than get specific, I I would
[52:52]
think maybe just leave it general like
[52:54]
it's stated because we leave it to the
[52:57]
Carol County folks to decide the
[52:59]
specific buildings. Uh this statement
[53:01]
says if they're required wherever in the
[53:04]
final plan then they have to comply with
[53:07]
that. Is that a fair
[53:08]
>> That's correct. And we actually have a
[53:10]
much stronger requirement on max square
[53:12]
footage for warehouse buildings in Mount
[53:15]
Air compared to Carol County.
[53:16]
>> I understand.
[53:18]
>> Okay. But good question.
[53:20]
>> Yeah. My only qu the only concern was in
[53:22]
the warehouses where they actually do
[53:24]
the recycling or or whatever. Um, a lot
[53:28]
of times they'll require them to have
[53:30]
sprinklers
[53:31]
more so than just the flex warehouses. I
[53:33]
understand the flex warehouses, but if
[53:35]
they're doing an actual um some type of work in there a lot of time and
[53:40]
you're having flammables inside the
[53:42]
building. I know a lot of times they'll
[53:44]
require the sprinklers, but Carol County
[53:46]
will figure that out. I just didn't want
[53:47]
wanted to make sure it didn't change any
[53:50]
of the water allocations or the
[53:52]
buildings that it's going to go to in
[53:54]
the future.
[53:58]
Okay.
[54:00]
Um, is that is that a question or just Okay.
[54:05]
>> Understood. Good. Um,
[54:08]
okay. Uh, then I see five conditions and
[54:12]
again I propose that they all would be
[54:14]
regarded as minor according to the code
[54:16]
giving the town staff the ability to
[54:19]
monitor, assess, and render whether they
[54:22]
are met satisfactorily. Any debate on
[54:26]
that hearing? None. I believe we've
[54:29]
exhausted uh our review of the final
[54:31]
plan and the analysis of
[54:38]
and the um and the staff's
[54:40]
recommendation with the changes we've
[54:42]
discussed. Uh so therefore, I'm going to
[54:45]
make the motion that the planning
[54:48]
commission grant conditional approval
[54:53]
Ju just made my job harder.
[54:57]
>> I'm sorry.
[54:59]
My bad.
[55:00]
>> That's okay, John.
[55:04]
» My bad. Sorry, Ralph.
[55:06]
>> That's all right, buddy.
[55:07]
>> No, I probably won't power back.
[55:09]
>> You got it.
[55:10]
>> Yeah, you just have to scribble.
[55:12]
>> I got it. We got her.
[55:13]
>> I got it. So, uh,
[55:17]
scribble notwithstanding. I think I've
[55:18]
got
[55:20]
>> We're back up.
[55:21]
Okay. All right. So, um, once again, so
[55:25]
I make the motion that the planning
[55:27]
commission grant conditional approval of
[55:28]
the final site development plan for
[55:30]
light 15C section 4 Twin Arch Business
[55:33]
Park for King Sports Construction with
[55:36]
the following conditions of approval.
[55:38]
First condition is to revise the
[55:41]
September 21st memorandum from the
[55:44]
engineering firm to reflect the correct
[55:46]
water allocation of 1,727
[55:51]
gallons per day.
[55:54]
Number two, all town and county comments
[55:57]
must be addressed before any grading
[55:59]
permit is approved or issued by the town
[56:01]
of Mount Ary staff. Number three,
[56:05]
provide all legal documents, easements,
[56:07]
public works agreements, and bonding
[56:09]
before any grading permit or building
[56:13]
permit is approved or signed off by the
[56:15]
town of Mount Airy staff.
[56:20]
Number four is the sprinkler systems are
[56:23]
required per NFPA13
[56:25]
as per code section 60-7B1
[56:29]
as per building permit requirements.
[56:33]
And lastly, that all related materials
[56:36]
for the recycling of turf fields shall
[56:40]
continue to be stored in waterproof bags
[56:44]
or undercover from exposure to the
[56:48]
weather. Do I have a second for that
[56:50]
motion?
[56:52]
>> I'll second.
[56:53]
>> The motion is seconded by Commissioner
[56:55]
Hatley. Is there any further discussion
[56:57]
on the motion and conditions made?
[57:01]
Hearing
[57:04]
none. All those in favor of the mo of
[57:06]
the motion for a conditional approval of
[57:09]
the final site plan for lot 15 C section
[57:12]
4, please say I.
[57:15]
>> I.
[57:16]
>> Those opposed?
[57:17]
>> Nay.
[57:18]
>> Those who wish to abstain
[57:21]
the motion passes.
[57:24]
>> Thank you Mr. Patel. Miss King,
[57:31]
» sorry.
[57:32]
>> Oh, no, no, thank you. Thank you. Our
[57:35]
next agenda item is uh the Buffalo Road
[57:38]
subdivision and open space waiver
[57:41]
supporting documentation.
[57:43]
Um again, a bit of history on this from
[57:45]
our previous August 31st meeting. Uh the
[57:49]
question was raised as to the
[57:50]
commission's completion of the required
[57:52]
open space waiver worksheet
[57:55]
as a part of the concept plan stage for
[58:00]
this development. Uh the concept plan
[58:03]
stage was held
[58:06]
July 28th, 2025.
[58:11]
>> Turn that off now.
[58:12]
>> You certainly
[58:14]
>> I'm good. Thank you though. that that
[58:17]
made it easier, John, honestly. Um so again, on Buffalo Roads worksheet
[58:25]
for the open space waiver, we completed
[58:27]
the concept plan efforts on July 28th of
[58:31]
2025. Uh at our last meeting, there was
[58:34]
a a rich debate as to whether that
[58:36]
worksheet had been completed, signed,
[58:39]
and recorded uh within the project file.
[58:44]
Um, I I wish to advise all the
[58:48]
commissioners that I met with the town
[58:50]
staff uh on uh this past Friday, the
[58:54]
25th. Uh we pulled out the quote the
[58:59]
code with regard to APFO certification
[59:02]
of which open space and recreation is
[59:04]
one of the seven areas uh 25-5. We also
[59:07]
pulled out uh 98-23
[59:11]
which is the code specifically for
[59:13]
allocating uh open space as a part of
[59:16]
any project or the developer providing
[59:18]
open space as a part of any project. Uh
[59:21]
in that discussion uh and I will add
[59:25]
that prior to that discussion we
[59:27]
reviewed the July 28th video from uh
[59:31]
Carol Media Center. Uh we did complete
[59:34]
that worksheet according to that video
[59:36]
record. We completed it with two
[59:39]
corrections to be made and um in the
[59:44]
meeting on Friday, we ascertained that
[59:46]
it was an administrative error that um
[59:50]
the document simply needed to come
[59:52]
forward that it had been approved by
[59:55]
this commission uh and that the
[59:58]
corrected version which was included in
[1:00:00]
all of the commissioners read ahead for
[1:00:02]
this evening uh simply needed to be
[1:00:04]
signed by me as the recordation. of that
[1:00:08]
waiver completion and entered into the
[1:00:11]
project file. Um, and if I can use the
[1:00:16]
phrase put to bed, so to speak. So, I
[1:00:20]
went ahead and signed it. You'll see the
[1:00:22]
one that was provided by John tonight on
[1:00:25]
your on your seat. That's dated this
[1:00:27]
Friday, the 25th. Um, but I'm a
[1:00:31]
transparent kind of guy or try to be.
[1:00:33]
And so, I will now I consider the matter
[1:00:36]
closed. I'm I'm not looking for a motion
[1:00:38]
or a vote on that because we had already
[1:00:40]
done that on July 28th. Um, let me pause
[1:00:44]
before I turn to the commissioners.
[1:00:45]
John, do you wish to add anything? Did I misspeak on any matter?
[1:00:49]
>> No, but I appreciate your time coming in
[1:00:51]
and resolving that on Friday.
[1:00:52]
>> Fantastic. Barney, I know you joined us
[1:00:54]
also because you manage open space. Um,
[1:00:57]
anything incorrect or you wish to add?
[1:00:59]
>> No.
[1:01:00]
>> Okay. All right then. Um are there any
[1:01:04]
questions then with regard to the signed
[1:01:06]
uh workspace
[1:01:08]
uh worksheet open space worksheet? Thank
[1:01:11]
you. Any questions? Okay. So John, this
[1:01:15]
will go in the project file.
[1:01:18]
>> That's correct.
[1:01:18]
>> Along with the other six APFO
[1:01:21]
certifications that we completed back in
[1:01:24]
July. Okay.
[1:01:25]
>> Yes.
[1:01:27]
Um with that then um we now turn to the
[1:01:32]
council's uh request that this body uh
[1:01:36]
deliberate on and offer a recommendation
[1:01:39]
regarding draft ordinance 2026-25
[1:01:43]
on accessory dwelling units or ADUs.
[1:01:48]
Um, as background on this and as most of
[1:01:50]
you read in your read ahead package, um,
[1:01:54]
this necessary amendment to our code was
[1:01:57]
driven by the state legislature in House
[1:02:00]
Bill 1466.
[1:02:03]
And, uh, that was enacted on 1 October
[1:02:06]
2025.
[1:02:08]
And in that legislation, it asks that
[1:02:11]
all municipalities
[1:02:13]
um adjust their code accordingly to that
[1:02:16]
legislation by 1 October 2026.
[1:02:21]
I'm going to go into a timeline question
[1:02:23]
here in a dialogue with both John and
[1:02:26]
Tom McCarron. Um Mr. McCarron, I know
[1:02:29]
that the state doesn't have a uh uh an
[1:02:33]
enforcement, so to speak, upon the
[1:02:35]
municipalities that failed to meet one
[1:02:37]
October. Uh that's my that's my simple
[1:02:40]
view. Maybe there are a bunch of folks
[1:02:42]
that'll run out there and bang on doors,
[1:02:44]
but I don't believe there is. Um and so
[1:02:47]
the question is asked simply or the
[1:02:50]
discussion is open as to how fast we
[1:02:52]
need to provide our recommendation. Um,
[1:02:56]
this commission wants to be thorough.
[1:02:58]
Um, I never like to, you know,
[1:03:02]
chase people along to get to a good
[1:03:05]
piece of advice for the council's
[1:03:07]
deliberation on this. Uh, so is it fair
[1:03:09]
to say, uh, the code allows us 90 days?
[1:03:12]
I don't anticipate taking 90 days to do
[1:03:15]
this. Um, but, uh, your comment, sir, as
[1:03:18]
to we got to get this done before the,
[1:03:20]
let's say, the October uh, council
[1:03:23]
meeting. I mean the the statute says
[1:03:26]
October 1st, 2026,
[1:03:29]
but you know uh I cannot imagine uh
[1:03:34]
great turmoil
[1:03:36]
should this pass go beyond that because
[1:03:39]
you want more time to uh deliberate on
[1:03:43]
this and
[1:03:44]
>> Okay.
[1:03:45]
>> My best advice would be to deliberate on
[1:03:47]
it.
[1:03:48]
>> Good. Gotcha. And so with that, I turn
[1:03:51]
to John uh and and council member Kelly.
[1:03:54]
Are are you aware that there is an
[1:03:56]
expectation from the council that we
[1:04:00]
have our recommendation in front of them
[1:04:02]
for their October meeting? In other
[1:04:04]
words, do you know whether it will be on
[1:04:06]
the agenda for the October meeting? And
[1:04:08]
if it is, then we need to haste along.
[1:04:11]
>> I do not recall asking you to expedite.
[1:04:15]
Okay.
[1:04:15]
>> Um I can check the draft agenda. I have
[1:04:19]
in my email to see if it's on there.
[1:04:21]
>> Uh that that's that's
[1:04:23]
>> I don't think so.
[1:04:24]
>> You
[1:04:24]
>> I don't think so. I don't remember
[1:04:25]
seeing it either.
[1:04:26]
>> You don't have to. I I think we have
[1:04:28]
some sense of relief that you know we we
[1:04:31]
can uh give it our full time and and
[1:04:34]
provide um provide our opinions on this.
[1:04:38]
Okay. So that covers the timeline
[1:04:40]
reality of the mandate and um um
[1:04:46]
we'll we'll do it uh we'll do it with uh
[1:04:49]
without a lot of haste. Um
[1:04:52]
so what I'd like to do then is uh
[1:04:56]
hopefully each commissioner has had time
[1:04:58]
to go through the draft ordinance
[1:05:00]
2026-25.
[1:05:03]
Uh, I believe the town staff also
[1:05:05]
provided or recommended that there be uh
[1:05:08]
perhaps uh a quick look at the bill
[1:05:11]
itself, HB 1466
[1:05:15]
uh for its language. And then I believe
[1:05:18]
the town staff also provided us what uh
[1:05:21]
Carol County uh was exploring as their
[1:05:25]
adjustment to accommodate the
[1:05:27]
legislation regarding accessory dwelling
[1:05:29]
units. And so you had a bit of
[1:05:31]
background, so to speak, in order to now
[1:05:33]
come and put eyes on the town's uh draft
[1:05:37]
amendment. Um, and so what I'd like to
[1:05:40]
do is if you form some questions or
[1:05:42]
opinions, um, I will go down the line
[1:05:46]
and pull you basically and give you the
[1:05:48]
opportunity to ask uh questions. Would
[1:05:50]
it be reasonable u, Mr. McCarron, the
[1:05:53]
questions be directed to you?
[1:05:55]
>> Sure. If they're legal.
[1:05:57]
>> Okay. Okay.
[1:05:59]
The questions are questions to
[1:06:02]
>> only a few of us are legal here, but no,
[1:06:04]
I'm just kidding. Uh, no, that's fair.
[1:06:06]
Um, uh, so if you have questions, please
[1:06:09]
ask them in order to get to a
[1:06:11]
recommendation. Um, if you wish to close
[1:06:15]
your questions and comments with a final
[1:06:18]
determination of either approval or
[1:06:20]
disapproval, uh, and by the way, the
[1:06:22]
code does state that we have to provide
[1:06:25]
the council a recommendation of approval
[1:06:28]
or disapproval. In the past, we've given
[1:06:31]
recommendations that were couched in the
[1:06:33]
terms of favorable or unfavorable, but
[1:06:37]
upon review of the code, uh, it does say
[1:06:40]
approval or disapproval. So anyway, if
[1:06:42]
you could use those semantics, I would
[1:06:44]
appreciate it. That's how it'll be
[1:06:45]
recorded. And again, if you feel
[1:06:48]
comfortable with rendering that
[1:06:49]
conclusion tonight, it will be recorded.
[1:06:52]
If you're not ready, then I will open
[1:06:55]
this agenda item again with John uh for
[1:06:59]
our October meeting and I will ask that
[1:07:02]
you have reached a conclusion for a
[1:07:03]
recommendation at that date. Um so if we
[1:07:07]
can get your recommendation, that's
[1:07:09]
great. If not, we'll look for it at the
[1:07:12]
next meeting. Is that fair rules of how
[1:07:14]
we want to do this? Any any suggestions
[1:07:18]
otherwise,
[1:07:19]
Mr. McCarron? Is that
[1:07:21]
>> Looks good. Yep, that looks fine. Okay,
[1:07:23]
then if I may do that, um, and again,
[1:07:27]
uh, well, I'm not going to go into that.
[1:07:30]
So, what I'd like to do is uh Stephen,
[1:07:33]
um I'm going to ask that you start us
[1:07:36]
off if you have any questions about the
[1:07:38]
draft ordinance or any conclusions. Uh
[1:07:41]
it's your time.
[1:07:42]
>> Steve, can you pull the mic towards you
[1:07:44]
or
[1:07:44]
>> um So, we already have code on accessory
[1:07:50]
apartments. So, this is specifically
[1:07:52]
more for
[1:07:55]
uh dwelling units, correct? Okay. So,
[1:07:59]
um, there only a couple things that I
[1:08:01]
saw reading through that in our code
[1:08:05]
when we discussed the different
[1:08:08]
districts R1, R2, R3, etc. Um, it
[1:08:12]
specifically says that there is a
[1:08:14]
maximum density for each of those in in
[1:08:17]
other words, R1 is one dwelling. If we
[1:08:22]
are going to allow an ADU, do do those
[1:08:25]
districts need to be does the phrasing
[1:08:27]
need to be changed that they will be
[1:08:28]
allowed to have one dwelling plus one
[1:08:32]
ADU or not? I I don't know how that
[1:08:35]
applies.
[1:08:36]
>> So, the way this is constructed at
[1:08:38]
least, and you can construct it probably
[1:08:40]
any number of ways. Um, this is set up
[1:08:44]
as a special exception.
[1:08:46]
So I don't think that the u
[1:08:50]
>> So it only has to list that a special
[1:08:52]
exception is allowed. That type of
[1:08:54]
special exception is allowed in the R1,
[1:08:56]
R2.
[1:08:56]
>> Yeah, R2 etc.
[1:09:00]
>> Okay. Then the only other thing that I
[1:09:01]
saw was um a couple issues with setbacks
[1:09:06]
as far as accessory structures
[1:09:08]
and ADUs. uh 11262
[1:09:12]
and ADU
[1:09:14]
is uh has a setback of 10 feet from the
[1:09:17]
side and rear lines whereas accessory
[1:09:20]
structures are three and six foot
[1:09:22]
depending on whether they're 100 foot
[1:09:26]
100 square foot or less. So I don't know
[1:09:28]
if that applies to anything.
[1:09:31]
So the only restriction that the state
[1:09:33]
code provides is you can't require any
[1:09:36]
greater setback than uh for uh the zone
[1:09:41]
in which uh the principal residence is
[1:09:44]
located. Um
[1:09:48]
but there's a lot of leeway obviously um
[1:09:52]
you know within that. Um, so I think one
[1:09:55]
of the points made was that uh the rear
[1:09:59]
um setback line on I believe every one
[1:10:03]
of the residential districts is 40 ft,
[1:10:06]
you know. So why say 10? Um you don't
[1:10:10]
have to say 10. The only thing that
[1:10:12]
probably should be considered then is
[1:10:14]
remember you cannot
[1:10:17]
whatever this means uh unduly restrict
[1:10:20]
uh uh ADUs. you how many current single
[1:10:26]
family homes without an ADU already bump
[1:10:29]
up against the 40. And so as to if
[1:10:32]
you're going to require 40 for the ADU,
[1:10:35]
you're basically negating that use for
[1:10:38]
those residential properties with single
[1:10:40]
family that already bump up against the
[1:10:43]
40T. I don't know how many that is, but
[1:10:45]
it's something to consider. If it's a
[1:10:47]
lot, then obviously it leaves you open
[1:10:50]
to the argument that you have unduly
[1:10:52]
regulated it and therefore don't make
[1:10:54]
many many of these properties candidates
[1:10:58]
for uh an ADU. That that'd be the the
[1:11:01]
issue.
[1:11:03]
>> Okay, that's all I had. Can I follow up
[1:11:05]
on that real quick what he was asking?
[1:11:07]
>> Sure. for Tom. Um, with the law that was
[1:11:10]
passed,
[1:11:11]
>> um, I think it was saying that the
[1:11:14]
section may not establish setback
[1:11:15]
requirements that exceed the existing
[1:11:17]
accessory structure setback requirements
[1:11:19]
for the side and rear lot lines.
[1:11:22]
>> It says,
[1:11:31]
give me a second
[1:11:35]
setbacks.
[1:11:38]
Are you looking within the legislation?
[1:11:40]
>> Yeah.
[1:11:49]
» So, it's in um
[1:11:50]
>> established setback requirements that
[1:11:52]
exceed the existing accessories
[1:11:54]
>> accessory. So, wouldn't aren't permitted
[1:11:57]
sheds accessories?
[1:11:59]
>> Yep.
[1:12:00]
>> And a permanent shed in the town of
[1:12:02]
Manor is six feet.
[1:12:04]
So then the excess ADU would have to be
[1:12:06]
six feet.
[1:12:08]
>> Minimum
[1:12:10]
>> the Yes, the minimum
[1:12:12]
>> would be six feet. You can't be 10
[1:12:16]
unless the code changes.
[1:12:19]
I think did they address that with
[1:12:29]
» beds and garages whatever was
[1:12:32]
>> I think the the state law you can't
[1:12:34]
restrict it more than what it is and
[1:12:35]
since we have it at six feet we minimum
[1:12:38]
six feet
[1:12:39]
>> you can't restrict the setback more than
[1:12:42]
>> but are we considering a shed in this
[1:12:44]
example as being a livable structure
[1:12:47]
sure that meets all the other
[1:12:48]
requirements for a dwelling unit. It's a
[1:12:52]
shed.
[1:12:53]
>> I mean that there are a number of open
[1:12:55]
questions about this statute. I don't
[1:12:57]
know where it leaves us on many a front
[1:12:59]
like do we need a parking plant
[1:13:01]
>> as a town uh by way of example.
[1:13:05]
>> You know it's what it says the existing
[1:13:07]
accessory structure setback
[1:13:09]
requirements. So, you know, if if I
[1:13:12]
haven't looked, but assuming it's
[1:13:14]
correct that the accessory structure,
[1:13:16]
that's what it says.
[1:13:17]
>> I see your point,
[1:13:18]
>> then that probably should be six feet or
[1:13:20]
you change, you know,
[1:13:23]
>> but it's somewhat at
[1:13:25]
you may well have existing
[1:13:28]
uh accessory structures that are within
[1:13:29]
six feet, not 10 feet. If you change got
[1:13:32]
>> change that. So, I believe we
[1:13:34]
consolidate all these good comments by
[1:13:36]
saying it's 10 foot side yard and six
[1:13:39]
foot rear.
[1:13:40]
>> I think that's probably
[1:13:42]
>> I think it's six feet six. It should be
[1:13:44]
six feet either way. Sideyard or
[1:13:47]
>> side or it wouldn't matter. Yeah.
[1:13:48]
>> Yeah. It should be six feet.
[1:13:50]
>> Okay. So,
[1:13:51]
>> because if not then we're now creating
[1:13:53]
non-conforming uses all over the town.
[1:13:56]
>> I'm with you.
[1:13:57]
>> Yeah.
[1:13:58]
>> And foot. I guess is a a a doorway to
[1:14:02]
non-conforming use.
[1:14:05]
>> Okay. And Commissioner Ali, we're going
[1:14:08]
to continue with you. Any other
[1:14:10]
questions or
[1:14:11]
>> I I will give you my paper.
[1:14:15]
Um I I just saw a few things that with the lot lines and and the parking
[1:14:21]
rules um that don't conform to the state
[1:14:24]
law requirement. Um, and then also the
[1:14:26]
ADUs counting towards the density and
[1:14:30]
that need to be cleared up. And then not
[1:14:34]
addressing the state law, but some
[1:14:36]
issues that I saw that may come up and I
[1:14:38]
put them in here. But things we need to
[1:14:41]
think about is the height
[1:14:44]
of the structures, privacy,
[1:14:47]
rentals,
[1:14:49]
owner occupancy and enforcement is not
[1:14:52]
in here. Um, they will definitely cause
[1:14:55]
complaints and disputes. Um, I put some
[1:14:58]
stuff in here about what other
[1:14:59]
jurisdictions like Frederick and Carol
[1:15:00]
are doing. Um, there's privacy like if
[1:15:04]
you have a ADU structure six foot from
[1:15:06]
your neighbor's wall, what kind of
[1:15:08]
windows are allowed? Are they high
[1:15:10]
windows, low windows? Um,
[1:15:13]
is if you have a two-story house, um,
[1:15:16]
can you go with the full two stories?
[1:15:17]
Are we doing 70% or single story?
[1:15:20]
though. And then how to measure the
[1:15:23]
square footage that we're doing. It's
[1:15:24]
not in there. Um but I have several
[1:15:27]
pages that I'll give you.
[1:15:31]
» And and Steve, if I may, um Steve has
[1:15:34]
provided those same comments to John and
[1:15:37]
myself. I I think we ought to kick them
[1:15:39]
out to all and and to
[1:15:43]
>> Yeah. So, if if we can, John, kick them
[1:15:46]
out to um council liaison and and the
[1:15:49]
rest of us just to make sure everybody
[1:15:51]
can see what uh
[1:15:54]
Steve's comments are all about. Very
[1:15:56]
good. Okay. Um so, not ready for a
[1:15:59]
recommendation.
[1:16:01]
>> Not ready, Steve, for a recommendation.
[1:16:04]
>> No.
[1:16:05]
>> Okay.
[1:16:07]
>> No, no, no, no, no. That's all good. I
[1:16:10]
was just making sure because I'm trying
[1:16:11]
to keep some notes here. I'll go back
[1:16:12]
and look at the video. Uh
[1:16:16]
Heather, your thoughts, questions?
[1:16:18]
>> Um I think Steve probably covered these
[1:16:20]
already in his paper, but um I was also
[1:16:25]
looking at the um the parking thing and
[1:16:28]
requiring a a parking study of the
[1:16:30]
applicant, which is adding cost for the
[1:16:32]
applicant, and I don't think that aligns
[1:16:33]
with the state. Um, and then the other
[1:16:36]
one was, and again, I don't mind all
[1:16:38]
these, just for the record, but looking
[1:16:41]
at compatibility with the state, um,
[1:16:43]
making sure that the ADUs are
[1:16:45]
architecturally compatible. I don't
[1:16:47]
think that's I don't think you're
[1:16:48]
allowed to be super picky on that
[1:16:50]
either. There might be something with
[1:16:51]
HOAs, but I thought I read something
[1:16:53]
about that um, as well. So, yeah, I
[1:16:56]
mean, it's basically trying to make it
[1:16:58]
as least as least restrictive as
[1:17:00]
possible. So, yeah.
[1:17:02]
>> On the parking study as one one could
[1:17:05]
read the state statutes requiring a town
[1:17:09]
>> yes
[1:17:10]
>> park and study now I I don't think
[1:17:12]
anybody has a good concept of what that
[1:17:14]
is because from property to property to
[1:17:17]
property is going to be very different
[1:17:20]
>> the way Tonytown at least tackled this
[1:17:22]
and it's the way therefore Hamstead
[1:17:24]
tackled it and hence what's in here just
[1:17:27]
by way of suggestion is is that if
[1:17:30]
somebody wishes to deviate or gain some
[1:17:34]
waiver of the parking requirements, then
[1:17:36]
the onus would be on them before this
[1:17:38]
body to justify why it is they want it
[1:17:42]
>> presumably by means of a more specific
[1:17:45]
traffic or uh I'm sorry, parking study u
[1:17:48]
relative to their property uh
[1:17:50]
individually.
[1:17:52]
I will thoroughly confess that I'm not
[1:17:55]
certain that that's what the state code
[1:17:59]
contemplates. Although I will also say
[1:18:01]
I'm not sure what the state code's
[1:18:03]
talking about where it says the towns to
[1:18:06]
do a parking study for the whole town.
[1:18:09]
>> Well, that's what it sounded like.
[1:18:11]
>> My my theory is that they're trying to
[1:18:15]
>> not have the applicant do anything with
[1:18:18]
parking. Yes. that if the town has a
[1:18:20]
problem, that's the town's problem, not
[1:18:21]
theirs.
[1:18:22]
>> Yeah.
[1:18:22]
>> And that on street parking as well
[1:18:24]
counts and all that.
[1:18:25]
>> I think that's a reasonable reading of
[1:18:26]
that.
[1:18:26]
>> And I read a lot of other counties are
[1:18:28]
just getting rid of the parking
[1:18:30]
requirement all together because they
[1:18:31]
don't want to get tangled up in that.
[1:18:33]
So,
[1:18:35]
>> yeah. And and and I'll just jump in
[1:18:37]
here. I recall John, you also and
[1:18:39]
Martine also, there was an ADU task
[1:18:41]
force
[1:18:42]
several months ago and it was a series
[1:18:45]
of Zooms that were led by the Maryland
[1:18:47]
Department of Planning and if I recall
[1:18:50]
accurately, uh, parking and separate
[1:18:54]
utility metering were probably the two
[1:18:58]
hottest items that just kept coming back
[1:19:02]
into the conversation as to what do we
[1:19:04]
want the state to really mandate.
[1:19:07]
in those two very specific areas. Very
[1:19:11]
important, right? Both bringing cost to
[1:19:14]
a study uh to the town um and and impact
[1:19:18]
to the community when you start talking
[1:19:20]
about, you know, doubling your driveway
[1:19:22]
space next to your neighbor, right? That
[1:19:25]
sort of thing. Um so the parking issue
[1:19:29]
resonates with just longstanding rough
[1:19:32]
edges on this uh bill. You want to add
[1:19:34]
anything, John?
[1:19:34]
>> Yeah. I mean, my my big concern, and I
[1:19:36]
brought that up in the meeting, is
[1:19:37]
again, look at how much we dealt with
[1:19:40]
lot 15 and water allocation. So, we now
[1:19:43]
have an existing a new use
[1:19:45]
>> that's going to impact Barney's chart.
[1:19:48]
And we also have I have concerns about
[1:19:50]
um you know, how are they getting the
[1:19:52]
water to their property? Are they
[1:19:53]
extending services from their existing
[1:19:55]
house? How are they getting rid of that
[1:19:56]
waste water uh when they're done with
[1:19:58]
it? You know, are they tying it in
[1:20:00]
through the existing system? In my
[1:20:02]
understanding, it almost has to be its
[1:20:03]
own separate connection, but but again,
[1:20:06]
then that's, you know, they're going to
[1:20:08]
have to tie into the main. They're going
[1:20:09]
to have to So, I'm not sure exactly how
[1:20:11]
we're going to have to handle that.
[1:20:13]
>> Yeah.
[1:20:13]
>> You know, what you know, and I guess I
[1:20:15]
would defer to Barney on that because
[1:20:16]
it's, you know, water and sewer is him.
[1:20:20]
>> How do we handle that, Barney?
[1:20:23]
>> Existing code says you have to have a
[1:20:25]
separate water and sewer connection, but
[1:20:26]
this may be different. So that's just
[1:20:30]
existing code
[1:20:32]
>> because again that's an additional undue
[1:20:34]
burden that we're not supposed to put
[1:20:36]
onto these ADUs
[1:20:38]
>> for those connections and returns.
[1:20:41]
>> I just the name accessory
[1:20:44]
dwelling unit. You know that's like
[1:20:48]
>> do you prefer granny shed? That's the
[1:20:50]
other term I've heard.
[1:20:50]
>> Well I mean it's they
[1:20:53]
>> what's an accessory to the
[1:20:55]
>> it's a separate dwelling
[1:20:56]
>> primary structure. I mean, it's a
[1:20:57]
separate dwelling all in itself with it
[1:20:59]
with its own power. I mean, it's it's a basically it's it's a tiny house.
[1:21:03]
Let's say that
[1:21:05]
>> it's a tiny house that's next to a real
[1:21:07]
house
[1:21:09]
and it if they want it separately
[1:21:11]
metered in separate parking, that's
[1:21:12]
going to be difficult unless they have a
[1:21:14]
large driveway like we said and then
[1:21:16]
it's going to make your job more
[1:21:17]
difficult and it's going to, you know,
[1:21:20]
>> impact on infrastructure and things like
[1:21:22]
that.
[1:21:24]
>> I'm g I'm going to let you continue. Uh,
[1:21:26]
Brian, but before do you are you ready
[1:21:28]
for a recommendation at this point?
[1:21:31]
>> I I wouldn't recommend it as written
[1:21:33]
because there's a lot of issues I think
[1:21:34]
that still need to be addressed.
[1:21:36]
>> So, disapproval at this point. Okay. I'm
[1:21:39]
just
[1:21:40]
>> No, it's it's
[1:21:40]
>> I'm keeping the scorecard here.
[1:21:41]
>> Agreeing with everybody as well.
[1:21:43]
>> Gotcha. And so,
[1:21:45]
>> my apologies for for jumping in.
[1:21:48]
>> It's okay. I was actually done my
[1:21:49]
thought.
[1:21:50]
>> Okay.
[1:21:52]
And and are you ready to make a
[1:21:54]
recommendation at this juncture or
[1:21:56]
continue through next month?
[1:21:57]
>> Continue.
[1:21:58]
>> Okay, gotcha. Um, Commissioner Hedley,
[1:22:02]
>> I would just like I'm I've been looking
[1:22:05]
at this issue for a very long time and
[1:22:07]
I've seen different solutions. Like my
[1:22:09]
neighbor's house actually has a twocar
[1:22:11]
garage with
[1:22:13]
they call it the back house, but it had
[1:22:15]
a toilet and it, you know, served as
[1:22:17]
somebody's office, but it could be
[1:22:19]
turned into it's already existing. So,
[1:22:22]
I'm just wondering if we take a look at
[1:22:24]
everything around town, how does
[1:22:25]
everybody feel about pre-approved
[1:22:27]
designs
[1:22:28]
to maybe settle all of the issues and
[1:22:31]
concerns that we have? Like if if a
[1:22:33]
citizen comes in and says, "I need to do
[1:22:34]
an ADU." We could say, "Here are your
[1:22:36]
five choices." And it has like the, you
[1:22:38]
know, American Disabilities requirement.
[1:22:40]
It's already talked about parking. It's
[1:22:41]
got sprinklers. It's got the 800 square
[1:22:43]
feet. Um,
[1:22:45]
>> so like a design guideline specific to
[1:22:48]
ADUs.
[1:22:49]
>> Yes. And just something that would be
[1:22:51]
sort of simplifying the process, you
[1:22:53]
know, reasonable choices. Everybody has
[1:22:55]
different needs, that sort of thing. But
[1:22:56]
it would give our town staff a chance to
[1:22:58]
say, "Hey, this is what we would like to
[1:23:00]
see. this would make, you know, maybe it
[1:23:02]
makes Barney's water and sewer issue
[1:23:05]
easier and and I don't know, I just
[1:23:08]
thought I'd throw that out there if we
[1:23:09]
could just sort of have a simplified,
[1:23:11]
you know, five or six or whatever
[1:23:12]
choices. And then
[1:23:14]
>> plus we'd also avoid
[1:23:18]
um, for lack of a better word, ugly
[1:23:20]
aesthetics sitting in somebody's
[1:23:22]
backyard that we don't maybe, you know,
[1:23:24]
somebody says, "Oh, I've got this
[1:23:25]
really," you know.
[1:23:27]
>> Yeah, I'm not so sure that that's a
[1:23:29]
great suggestion. Um because as as I
[1:23:31]
understand the legislation, there's
[1:23:33]
three flavors of these ADUs. That's an
[1:23:35]
ADU that exists within the existing
[1:23:37]
dwelling structure.
[1:23:39]
>> It's kind of like modifying the current
[1:23:42]
perimeter.
[1:23:43]
>> Number two is you add on to that
[1:23:45]
existing structure. You extend it out in
[1:23:48]
some direction to add a room, bedroom,
[1:23:50]
kitchenet, whatever. Um and by the way,
[1:23:53]
that addition has to have its own
[1:23:55]
separate entrance. I I saw that in the
[1:23:57]
legislation. Um, and then third, it's
[1:23:59]
wholly apart from the single family
[1:24:01]
dwelling. It's somewhere on the
[1:24:03]
property, uh, within the allowed
[1:24:05]
setbacks, but it's a self-contained, you
[1:24:09]
know, structure that is, uh, a dwelling.
[1:24:13]
Um, and so I think your suggestion is we would look to kind of treating all
[1:24:18]
three flavors as the possible ADU
[1:24:21]
options for some property owner is is
[1:24:24]
kind of what you're saying. I'm not so
[1:24:25]
sure that would be a part of this text
[1:24:27]
for the ordinance.
[1:24:29]
>> Yeah. Well,
[1:24:31]
>> or
[1:24:32]
>> probably if you wanted to make it really
[1:24:33]
complicated,
[1:24:35]
>> I I would say probably not.
[1:24:37]
>> Yeah. I mean, maybe at some point down
[1:24:39]
the road if such a uh is if such a
[1:24:41]
design guideline specific to ADUs was
[1:24:44]
created approved by the council, then an
[1:24:47]
amendment to this proposed text could
[1:24:49]
then maybe have a sentence that points
[1:24:51]
to it. you shall do an ADU in accordance
[1:24:55]
with um you know the town code, the
[1:24:58]
planning administrator and the design
[1:24:59]
guidelines. Something that would be kind
[1:25:02]
of where we would circle back to the uh
[1:25:04]
ordinance amendment. Um but no, it's a good idea. Um any other input or
[1:25:10]
questions for
[1:25:12]
>> Well, I I'm read
[1:25:17]
paper.
[1:25:19]
>> Okay. So, so you're not ready for a
[1:25:21]
recommendation at this point and u read
[1:25:24]
uh Steve's good input too. Okay. So,
[1:25:28]
Commissioner Buts, your thoughts,
[1:25:30]
questions to Mr. McCarron.
[1:25:32]
>> I can't improve upon the these excellent
[1:25:34]
ideas and suggestions. I like the
[1:25:36]
continuity and consistency as much as
[1:25:39]
possible.
[1:25:40]
>> Okay.
[1:25:40]
>> I think that would be appropriate, you
[1:25:43]
know, to try to be as consistent as we
[1:25:46]
can.
[1:25:48]
And uh I take that to it's premature to
[1:25:51]
have a decision from you at this point.
[1:25:53]
No decision. Gotcha. Okay.
[1:25:56]
Um then that leaves me and um
[1:26:01]
I did have some premeating interaction
[1:26:05]
with uh with Tom on some of my
[1:26:07]
questions. So we ought to be able to
[1:26:08]
fasttrack some of these items, Tom, if
[1:26:10]
that's uh fair. Um I did have a question
[1:26:14]
just for the good of the group. He's
[1:26:15]
convinced me that it's not a concern.
[1:26:17]
But I did raise a concern with Tom as to
[1:26:20]
the cover sheet for this proposed text
[1:26:23]
uh appropriately addresses all of our
[1:26:26]
quote residential districts re
[1:26:29]
conservation R1, etc., etc. However, as
[1:26:33]
most of you know, there is a residential
[1:26:36]
allowed use within, believe it or not,
[1:26:38]
an NP property. So the MP district, as
[1:26:42]
you know, takes an existing structure
[1:26:44]
and transforms it, converts it, whatever
[1:26:47]
the right word is, into a commercial
[1:26:50]
use. Okay? And it's a less intensive use
[1:26:53]
than light commercial. And that's why MP
[1:26:56]
was developed so that we could use these
[1:26:58]
old buildings, come up with some
[1:27:00]
professional commercial use that's less
[1:27:03]
intense than making that building get
[1:27:07]
raised and then building a typical
[1:27:11]
office building, professional building
[1:27:12]
to accommodate that commercial use. Um,
[1:27:15]
but our code does allow a residential
[1:27:18]
use within those. Now, in the spirit of
[1:27:22]
and I'm going to channel the legislature
[1:27:26]
here, which is a dangerous thing to
[1:27:28]
attempt, but um I I believe their focus
[1:27:32]
on ADUs was in current strictly
[1:27:35]
residential districts, and that there
[1:27:37]
wasn't an interest, nor is there an
[1:27:39]
interest with having an ADU suddenly be
[1:27:42]
constructed as a part of an MP approved
[1:27:45]
structure. um even though the code says
[1:27:48]
you can live in that new business as a
[1:27:51]
residential use. So, uh anything to add
[1:27:54]
to that conclusion? So, in other words,
[1:27:55]
my my conclusion is I raised the
[1:27:57]
question about MP being included in this
[1:27:59]
new text. Uh I don't believe it's
[1:28:02]
appropriate, nor is it included. Um any
[1:28:05]
comment?
[1:28:06]
>> Yeah, it's not included as currently
[1:28:08]
written. Um
[1:28:10]
other municipalities have kind of gone
[1:28:12]
either way. Um I know of one at least
[1:28:15]
that basically says wherever residential
[1:28:18]
property exists and in that town it
[1:28:21]
doesn't just exist in the residential
[1:28:23]
there are some non-conforming uses for
[1:28:25]
instance in some of the commercial zones
[1:28:27]
says that those properties are eligible
[1:28:29]
for an ADU.
[1:28:31]
>> Wow.
[1:28:31]
>> Um um in this case uh I as drafted did
[1:28:36]
not include it uh as an option in the NP
[1:28:39]
district because um uh it just seemed at
[1:28:44]
odds with the purpose of the NP district
[1:28:46]
which is to really phase out over time
[1:28:50]
obviously in an orderly fashion
[1:28:53]
residential use in favor of commercial
[1:28:55]
use and so is it consistent with the MP
[1:28:58]
purposes that you have here to now
[1:29:00]
introduce another means of
[1:29:03]
>> right
[1:29:03]
>> of uh expanding if you will a
[1:29:06]
residential use in the NP people may
[1:29:09]
disagree with that you can write it any
[1:29:12]
way you to write it.
[1:29:13]
>> It would be kind of in in the short
[1:29:15]
phrase that I kind of arrive at, it
[1:29:16]
would be going backwards now into the
[1:29:19]
original structure, whereas you've
[1:29:21]
already made a commitment to convert it
[1:29:24]
into primarily a commercial enterprise.
[1:29:26]
Is that accurate?
[1:29:27]
>> That's how I read the first three
[1:29:29]
purposes of the
[1:29:31]
>> Okay. So, MP off the table as far as as
[1:29:34]
far as my question. Um, my second
[1:29:36]
question was placing all of the new text
[1:29:39]
into the special exceptions category of
[1:29:42]
all these uh, residential districts um,
[1:29:46]
just seemed a bit odd because the state
[1:29:48]
is saying it's a permitted use. You must
[1:29:52]
permit an ADU. Um, and so it kind of
[1:29:55]
caught my eye that we were now going to
[1:29:56]
regard this as something that had to
[1:29:58]
come through an application for an ADU
[1:30:01]
would have to come through the planning
[1:30:02]
commission, as you know, for
[1:30:03]
recommendation to the board of appeals
[1:30:05]
in the board of appeals authorizing that
[1:30:08]
ADU and that new use. Um, and so we had
[1:30:13]
a give and take as to is it more
[1:30:15]
appropriate to put these under permitted
[1:30:17]
uses that you know exist under every
[1:30:19]
district. you have permitted uses and
[1:30:21]
then you have and I think in some of the
[1:30:23]
taxonomy it says allowable use but
[1:30:25]
permitted allowable and then you have a paragraph under each district that
[1:30:30]
says special exceptions. Um and and so
[1:30:33]
again I turn to you special exception is
[1:30:36]
the appropriate place to put this new
[1:30:37]
text.
[1:30:38]
>> Well, you can make them permitted uses
[1:30:41]
of right. Uh what I will say about that
[1:30:43]
is that special exceptions or
[1:30:45]
conditional uses as they're sometimes
[1:30:47]
referred to are permitted uses. They are
[1:30:50]
permitted under the code. The general
[1:30:52]
assembly, I'm sorry, the the uh
[1:30:54]
legislative body, the local government
[1:30:56]
has said this is a permitted use within
[1:30:59]
a particular zone. In this case, the res
[1:31:01]
it would be the residential zone. It's
[1:31:03]
just that it's a conditional use subject
[1:31:06]
to approval by the board of appeals.
[1:31:08]
>> Board of appeals. Again, other
[1:31:09]
municipalities have done different
[1:31:11]
things with this. Tony Town has done
[1:31:13]
sort of a hybrid. I think for the very
[1:31:16]
higher density residential districts,
[1:31:18]
they have made this a special exception.
[1:31:20]
For our 10 maybe or 20 and above, they
[1:31:25]
make it a permitted use of right. Why
[1:31:29]
would uh a special exception uh perhaps
[1:31:32]
be something advisable? Uh uh well
[1:31:36]
because you are superimposing on
[1:31:39]
existing districts not all of the
[1:31:41]
properties necessarily being equal or
[1:31:45]
great candidates for this and others
[1:31:47]
being lesser candidates for this in
[1:31:49]
terms of the impacts on neighboring
[1:31:51]
property. Um so uh if you're going to
[1:31:56]
permit it as a right in a in any
[1:31:58]
particular res residential zone why it's
[1:32:01]
going to be eligible on every single
[1:32:04]
property without really any oversight
[1:32:08]
about that except through the planning
[1:32:10]
you know the the consequences.
[1:32:15]
The reason that special exception I
[1:32:17]
think has been found uh particularly
[1:32:19]
helpful in that regard is because the
[1:32:22]
board of appeals has to approve a
[1:32:24]
special exception. And so the very thing
[1:32:27]
in fact the most important thing that a
[1:32:28]
board of appeals does in that regard is
[1:32:32]
determine whether under state law a
[1:32:35]
special exception should or shouldn't be
[1:32:37]
granted in a particular case. And there
[1:32:39]
is a test for that set forth in case
[1:32:42]
law. And that is is the proposed special
[1:32:45]
exception use more uh adversely
[1:32:49]
impactful on the particular property at
[1:32:52]
issue
[1:32:54]
by virtue of something unique to that
[1:32:56]
property, its topography, its access to
[1:32:59]
public roads, its size, its
[1:33:01]
configuration versus other parcels
[1:33:04]
within the same district.
[1:33:06]
>> So uh and this probably to your next
[1:33:09]
question as well. Why does it say that
[1:33:10]
the board of appeals may uh approve?
[1:33:13]
It's because the board of appeals
[1:33:15]
doesn't have to approve. They there are
[1:33:18]
instances where a board of appeals can
[1:33:20]
say this is not appropriate on this
[1:33:22]
particular property because on this
[1:33:24]
particular property the use proposed is
[1:33:28]
much more adversely impactful than on
[1:33:31]
other parcels within the same zoning
[1:33:33]
district. And we can't mitigate that. We
[1:33:37]
don't believe that that is mitigatable.
[1:33:40]
Um so um
[1:33:42]
>> so the cate so the category of special
[1:33:44]
exception and the language where the
[1:33:46]
board of appeals may not shall but may
[1:33:50]
um in your view doesn't um
[1:33:54]
doesn't run headlong into the spirit
[1:33:56]
intended from the from the house bill as
[1:34:00]
undue obstacle and all that.
[1:34:03]
>> Not in my opinion. And I would add to
[1:34:05]
that as I said in the email um if you
[1:34:08]
look at uh solar uh the the statute that
[1:34:12]
the state passed relative to solar
[1:34:16]
uh for capacities uh I forget the exact
[1:34:19]
threshold but a capacity below a certain
[1:34:22]
level where um the public service
[1:34:25]
commission would have to review uh for
[1:34:27]
instance uh uh more significantly
[1:34:31]
that state statute specifically ally
[1:34:34]
says a local government may not make it
[1:34:37]
a special exception. So I take from that when the general assembly wants to
[1:34:42]
say you may not make it a special
[1:34:44]
exception, they know how to say it, they
[1:34:47]
did not say that in the final uh HB1
[1:34:50]
1466 that got passed and signed.
[1:34:53]
>> Okay. U my next question was with regard
[1:34:56]
to the uh proposed amendments to the
[1:34:59]
special exceptions paragraph within the
[1:35:01]
code 11262.
[1:35:03]
um F um and and this proposes that we
[1:35:07]
add a new uh sub paragraph 31 uh that
[1:35:11]
addresses the new ADU language. Um and and so as I went into that, I looked
[1:35:18]
and I saw that we have sub paragraph 17
[1:35:20]
on family apartments. And then we have
[1:35:24]
subp paragraph 21 which also uh is
[1:35:27]
proposed and and that remains in and
[1:35:30]
then we have 21 which is addressed as
[1:35:33]
accessory apartments. And so my only
[1:35:36]
question to Mr. McCarron was um if
[1:35:39]
2026-25
[1:35:41]
flies then special exceptions will have
[1:35:44]
a paragraph on family apartments,
[1:35:47]
accessory apartments, and then now the
[1:35:50]
new text on ADUs. And I was just
[1:35:52]
wondering aloud,
[1:35:54]
isn't family apartments the same as an
[1:35:56]
ADU? Isn't a accessory apartment the
[1:35:59]
same as an ADU? Would it be wiser to
[1:36:01]
consolidate
[1:36:03]
those two existing into a new come one
[1:36:07]
come all covers every base ADU kind of
[1:36:10]
language or uh do we need to keep family
[1:36:13]
and accessories separate?
[1:36:15]
>> Well, you you certainly may. So, I was
[1:36:18]
trying to be somewhat minimalist in
[1:36:20]
terms of the
[1:36:22]
>> wrecking ball that one would take to the
[1:36:24]
code. Okay.
[1:36:25]
>> So, I was trying to work within the
[1:36:26]
framework. we actually were ahead of a
[1:36:28]
number of towns and that we had an
[1:36:31]
accessory apartment uh concept. A lot of
[1:36:34]
towns didn't even have that going into
[1:36:36]
this exercise. Um but having said that
[1:36:41]
um I mean yes you could you could
[1:36:45]
certainly consolidate those things just
[1:36:48]
understand that um these specific
[1:36:50]
standards are passed uh and adhere to
[1:36:55]
particular
[1:36:57]
special exceptions because the general
[1:36:59]
I'm sorry the u the legislative body has
[1:37:03]
determined that you know this is how we
[1:37:06]
need to mitigate
[1:37:08]
more impactful uses through the special
[1:37:11]
exception. And so they what comes with
[1:37:14]
that is bootstrapped with that are
[1:37:16]
specific standards that must be
[1:37:17]
established at the board of appeals with
[1:37:20]
which the proposed use will comply.
[1:37:23]
There may be specific standards that are
[1:37:25]
very unique to family apartments that
[1:37:27]
maybe aren't as great a concern with a
[1:37:29]
single family separated ADU,
[1:37:33]
vice versa, uh or an accessory
[1:37:35]
apartment, things of that sort. Uh you
[1:37:38]
might not require the same the parking
[1:37:41]
>> for for a uh
[1:37:43]
>> uh an accessory apartment by way of
[1:37:45]
example that you would for a completely
[1:37:48]
separate single family home.
[1:37:51]
>> Okay. Um and and this good conversation
[1:37:54]
has invoked uh another question and that
[1:37:57]
is um as a special exception that has
[1:38:00]
the uh in step with the board of
[1:38:04]
appeals.
[1:38:05]
>> Yes.
[1:38:05]
>> Where they may authorize that it would
[1:38:08]
still come through the planning
[1:38:09]
commission. Correct.
[1:38:10]
>> Right. If it's a separate structure ADU
[1:38:13]
flavor that that third of the three that
[1:38:16]
I described uh that structure would
[1:38:18]
require a site plan I would imagine
[1:38:21]
>> I I believe so
[1:38:23]
>> and and so for
[1:38:25]
>> located uh that it's going to be within
[1:38:27]
setbacks etc.
[1:38:28]
>> Right. And so in that case for that
[1:38:31]
particular flavor of ADU none of the
[1:38:34]
current site plan process would be
[1:38:37]
adjusted. we'd still play the role with
[1:38:41]
or would we? I guess that's my question.
[1:38:44]
I mean they we don't give that role that
[1:38:47]
we have to the board of appeals. I don't
[1:38:50]
believe
[1:38:52]
>> no. Right.
[1:38:53]
>> The board of appeals is going to be
[1:38:55]
concerned with simply is the use
[1:38:57]
appropriate
[1:38:58]
>> this particular property.
[1:39:00]
>> Gotcha. And perhaps then part of them
[1:39:02]
reaching that decision, they may or may
[1:39:04]
not have our review and deliberation on
[1:39:07]
a site plan for that flavor. Is that
[1:39:10]
fair?
[1:39:10]
>> Right. And it's probably reverse
[1:39:12]
engineered in the sense that the
[1:39:14]
specific standards are going to curtail
[1:39:17]
or limit what once somebody has a
[1:39:20]
special exception somebody can come to
[1:39:23]
this body with by way of a site plan.
[1:39:25]
>> Okay.
[1:39:26]
you know they're you know the parking by
[1:39:28]
way of example may be you know in you
[1:39:32]
know they have to establish that they're
[1:39:33]
going to propose and build you know
[1:39:37]
something
[1:39:37]
>> a separate structure
[1:39:40]
>> right
[1:39:40]
>> and I guess all I'm getting at is um and
[1:39:43]
I'm not trying to add to the possible
[1:39:45]
wrecking ball here I was just curious as
[1:39:47]
to whether in that unique circumstance
[1:39:50]
of a separate detached structure and a
[1:39:53]
site plan being required Um,
[1:39:56]
is it is it wise to put any words in
[1:39:59]
this ADU text that says they still must
[1:40:02]
follow for detached ATUs that require a
[1:40:06]
site plan, etc., etc. Um,
[1:40:10]
or is it necessary just to emphasize
[1:40:12]
they still have to go through a site
[1:40:14]
plan process?
[1:40:15]
>> Well, and it's funny because you say
[1:40:16]
site plan, so I automatically think of a
[1:40:19]
commercial operation. I don't think of a
[1:40:21]
residential having a site plan. So, it'
[1:40:24]
almost be like an ADU location plan and and really my understanding is I
[1:40:30]
thought they had to be owner occupied
[1:40:32]
properties. It didn't have to be an
[1:40:35]
individual or a relative that lives in
[1:40:36]
that ADU.
[1:40:38]
>> But but again, I'm concerned about
[1:40:42]
>> VBOS and those type of things. that's
[1:40:44]
going to I feel like we need to have
[1:40:46]
some kind of language in there to sort
[1:40:48]
of protect us from that
[1:40:50]
>> because we don't want those sorting to
[1:40:52]
pop up.
[1:40:53]
>> It also says owner occupied, but it
[1:40:55]
doesn't address uh the actual owner how
[1:40:58]
do we certify that? Is are they
[1:40:59]
certifying it every year? There's
[1:41:02]
nothing in there. Is the owner Can the
[1:41:04]
owner be an LLC? Can the owner be a
[1:41:06]
trust? Can the owner be a corporation?
[1:41:08]
>> Right. The owner should be living at one
[1:41:09]
of the two properties. It's either the
[1:41:11]
larger house or the smaller house. I'm
[1:41:13]
saying, but that's that's really what
[1:41:14]
owner occupied should be. Like your
[1:41:16]
mailing address, if you're the owner of
[1:41:18]
the property on your deed or on the
[1:41:20]
estat,
[1:41:21]
>> you should be occupying one of those
[1:41:23]
structures.
[1:41:24]
>> That's going to need to be clarified,
[1:41:26]
>> right? Which is just a hornets's nest,
[1:41:29]
you know, I can see coming, you know.
[1:41:31]
And the funny thing, I was just sitting
[1:41:32]
here thinking is like, um, say I have an
[1:41:36]
existing structure, you know, is that
[1:41:38]
ADU on the back of my existing house
[1:41:41]
outside of the BRL but within the six
[1:41:44]
foot setback, is it is that going to be
[1:41:46]
allowed? You know, because it's an if
[1:41:48]
you call it an ADU attached to my house,
[1:41:50]
is does it have to meet all the BR BRL
[1:41:53]
requirements for that house?
[1:41:57]
So, so I'm not ready to render a
[1:42:00]
recommendation at this point.
[1:42:03]
Um, but I am intrigued by just the site
[1:42:05]
plan process and and um for that
[1:42:08]
particular flavor, a detached separate
[1:42:11]
dwelling in addition to the existing
[1:42:15]
single family dwelling. Um, so I need to
[1:42:17]
put some more thoughts on that and and
[1:42:20]
talk to you John as to whether any text
[1:42:23]
needs to be added to make sure that
[1:42:26]
whatever is required for that particular
[1:42:28]
kind of ADU um
[1:42:31]
the commission does or does not need to
[1:42:33]
bite on that apple. I I'm just
[1:42:36]
>> right because somebody could come in if
[1:42:37]
they have a BRL that's behind they have
[1:42:39]
adequate BRL behind their house, they
[1:42:41]
could just put an addition on their
[1:42:42]
house and call it an ADU. they'd be
[1:42:44]
connecting through their existing water
[1:42:46]
line and their existing sewer lines
[1:42:47]
because they're connected to the house.
[1:42:49]
But if you have a separate dwelling out
[1:42:52]
back now, that's that's the big
[1:42:54]
question. It's not part of the house,
[1:42:56]
>> you know, does it have its own water
[1:42:58]
connection? Is it requiring that own
[1:43:01]
connection? You know, are we going to
[1:43:02]
allow for the extension of services from
[1:43:04]
the existing residents?
[1:43:07]
>> Yeah. Chairman
[1:43:08]
>> again. Uh, sure. Would you allow me just
[1:43:11]
to Yeah, please tie a few things
[1:43:13]
together. The uh with a thought. So, um
[1:43:17]
you all your comments are as usual very
[1:43:20]
thorough and uh not much to add or
[1:43:23]
anything. Setbacks were a big concern of
[1:43:25]
mine reading through this. Um so I think
[1:43:27]
there's been some clarification and
[1:43:29]
probably some more thought that has to
[1:43:31]
happen. Um the the things I want to tie
[1:43:35]
together. So I think Commissioner Ali
[1:43:36]
brought up privacy, right?
[1:43:39]
um related to setbacks, but also in
[1:43:42]
relation to location and possible site
[1:43:44]
plan, location plan. It just got me
[1:43:47]
thinking realize in in Mount Airy,
[1:43:51]
not every backyard is level,
[1:43:55]
right?
[1:43:56]
>> Um and
[1:43:58]
>> just in my own situ, it got me thinking
[1:43:59]
of course about my backyard and
[1:44:01]
surrounding backyards.
[1:44:03]
If you wanted to put a an ADU that was
[1:44:06]
30% of my neighbor's backyard, right, on
[1:44:10]
my on, you know, on my side, you know,
[1:44:12]
near my
[1:44:14]
property line, it would most have to be
[1:44:17]
most likely have to be one end of it
[1:44:20]
would have to be on stilts, let's say,
[1:44:21]
right? It would be possible, but have to
[1:44:23]
be some engineering, right? That would
[1:44:25]
have to happen, right?
[1:44:26]
>> Which would it would put it high. It
[1:44:28]
would put it probably over my roof line.
[1:44:32]
So I'm just I'm posing an example here
[1:44:34]
where again we know we're not level here
[1:44:36]
in Mount Airy, right? In general. So um
[1:44:40]
again tying together privacy, location,
[1:44:44]
site plan. Um there could be some sticky
[1:44:47]
situations if we're not careful.
[1:44:50]
>> Now I I I think you've done a good
[1:44:52]
summary of a lot of points made as you
[1:44:54]
mentioned. You know, Commissioner Omali
[1:44:56]
mentioned privacy, and I think that
[1:44:57]
suits the example you you you posit
[1:45:00]
here. Um, yeah, I I I need some more
[1:45:05]
thought on this, but no, I understand
[1:45:07]
your circumstance. And again, I think
[1:45:09]
that also plays into why it's important
[1:45:11]
that we leave in the word may authorize
[1:45:13]
at the board of appeal. Just kind of
[1:45:16]
every situation has got to be unique. We
[1:45:18]
got three different flavors, different
[1:45:20]
terrain, different geography, uh
[1:45:22]
different sizes of the main dwellings,
[1:45:25]
etc. Um parking on and on and on points
[1:45:29]
that John brought up. So, so no, no,
[1:45:32]
thank you very much. That those are all
[1:45:34]
good points. So, um I copy I'll end my
[1:45:37]
comments and I'll just summarize by
[1:45:39]
saying I believe I have one commissioner
[1:45:40]
who has reached a disapproval opinion at
[1:45:43]
this stage. that commissioner can
[1:45:45]
certainly change that opinion because
[1:45:47]
we're going to continue to deliver it
[1:45:48]
this John on the agenda for October. I I
[1:45:52]
will ask that the uh commissioners all
[1:45:55]
of us you all of us uh try to reach uh
[1:45:59]
try to try to digest this discussion uh
[1:46:01]
for more questions for October. But
[1:46:04]
let's see if we can't uh go ahead and u
[1:46:07]
reach a u commission decision on this
[1:46:11]
draft ordinance in October.
[1:46:14]
Um any last comments on this? Yeah,
[1:46:16]
Commissioner, can
[1:46:16]
>> I ask a question about that? So, um if
[1:46:19]
the ordinance like going back to the
[1:46:21]
previous instructions about reviewing
[1:46:23]
ordinances and not like you know going
[1:46:25]
back with red line and all that because
[1:46:27]
it's the council's to do. Um if they're
[1:46:30]
not I mean other than providing more
[1:46:32]
comments on this existing ordinance,
[1:46:35]
what what would what is the intent to be
[1:46:37]
able to make a recommendation? Yes or
[1:46:39]
no? Um, so, so just as so you've covered
[1:46:45]
a lot of things here, so let me put it
[1:46:46]
this way. So if you can next time tell
[1:46:49]
me you approve of it as it's written,
[1:46:51]
then that's pretty clear a message to
[1:46:53]
the council that you don't see any
[1:46:55]
issues with regard to what's been
[1:46:57]
drafted. If you wish to have um a
[1:47:01]
conditional approval with areas or
[1:47:04]
specifics that you would see
[1:47:06]
improvements to the proposed text, then
[1:47:08]
that would be something that would again
[1:47:10]
it would help Mr. McCarron and the
[1:47:12]
council kind of understand general areas
[1:47:15]
along with some specific entries. uh
[1:47:18]
specific entry would be like my earlier
[1:47:20]
discussion with him about the board of
[1:47:22]
appeals is may the right word on
[1:47:24]
authorizing because it's a pushed use
[1:47:27]
allowable use by the state. So may
[1:47:29]
authorize it seemed a little weird for
[1:47:32]
me. Uh but he's convinced me otherwise
[1:47:34]
that um again every application will be
[1:47:38]
different and they have the authority to
[1:47:40]
say it won't fly in this case or that
[1:47:42]
case etc. Uh so I hope I've answered.
[1:47:45]
Yeah. So that's kind of the value. Um I regard this recommendation as another
[1:47:51]
venue to inform the council and to
[1:47:54]
inform the author of things to consider.
[1:47:57]
I believe a point's already been raised.
[1:47:59]
We're going to change the setback um to
[1:48:03]
six feet in that one area of the
[1:48:06]
proposed text. Um
[1:48:09]
so that's kind of my expectation if
[1:48:11]
that's if that's acceptable.
[1:48:13]
Yeah, it does. I I was just, you know,
[1:48:15]
if we all agree that as written, it's
[1:48:17]
not acceptable, then it would really
[1:48:19]
just be kind of like we've done with
[1:48:21]
other ones, it would be either, you
[1:48:23]
know, no with comments or or I mean,
[1:48:27]
sorry, yes with comments or it's just a
[1:48:29]
no as written, but we're not going back
[1:48:31]
and providing specific changes to the
[1:48:33]
ordinance. So,
[1:48:34]
>> um but again, it's whatever you're
[1:48:37]
comfortable
[1:48:38]
>> submitting. Um and and my earlier
[1:48:41]
guidance about let's just try to avoid
[1:48:43]
doing redline you know word by word
[1:48:45]
grammar and all those such thing um you
[1:48:49]
know m Mr. McCarron and town staff are
[1:48:52]
going to catch those things I think
[1:48:53]
misspellings and so forth. Um so I think
[1:48:57]
just my perspective is the real value is
[1:48:59]
kind of big big strategic view
[1:49:03]
components of the proposed text. Does it
[1:49:06]
comply with the spirit of HB1466?
[1:49:10]
Um those sorts of feelings,
[1:49:13]
>> Mr. Chair, if Yeah.
[1:49:14]
>> So what I sent you earlier, that's
[1:49:16]
appropriate for what you're looking for
[1:49:18]
then, correct?
[1:49:19]
>> Yes.
[1:49:19]
>> Because I tried to he he asked us the
[1:49:22]
two questions. Do we think it meets it?
[1:49:24]
>> And then what do you think should be
[1:49:26]
changed? So then I just I went through
[1:49:28]
and put this is why I don't think it
[1:49:30]
this is why I don't and this is areas of
[1:49:32]
concern. this is where I think it could
[1:49:34]
be changed and then the ball's in their
[1:49:36]
court. So
[1:49:37]
>> yeah and and again you know if you say
[1:49:39]
it's unacceptable or it's disapproved
[1:49:42]
and and no further input that
[1:49:45]
and again it's just me and respectfully
[1:49:47]
said that doesn't help the author or the
[1:49:50]
council. You know if you say no it's not
[1:49:52]
good enough. I think a little a little
[1:49:55]
elaboration as to your rationale would help them and they may even go to
[1:50:00]
your point in that rationale and make a
[1:50:02]
change as a result of your disapproval.
[1:50:04]
Um but let's put this on the agenda,
[1:50:07]
John, for October and uh uh does any
[1:50:12]
commissioner need more information? Um
[1:50:15]
again, we've provided the Carol, the
[1:50:17]
state, and of course the proposed text.
[1:50:20]
Uh if you do have a need for any
[1:50:22]
additional information to reach that
[1:50:24]
next discussion um John
[1:50:30]
to everybody as well including
[1:50:31]
>> Sean. Gotcha. Okay. So I'm going to
[1:50:33]
close this agenda item because we're
[1:50:35]
going to continue it next time. And so
[1:50:37]
now we're into the quick topic about the
[1:50:40]
signage code. Um, we started this
[1:50:43]
science code two meetings ago as a
[1:50:45]
proposal to try to improve the wording
[1:50:47]
because again in the background or in
[1:50:50]
the past we've we've had some good
[1:50:52]
debate as to how to read the code on
[1:50:55]
everything from electronic displays
[1:50:58]
um etc etc. Um and so there was a
[1:51:02]
valiant effort to adjust the signage
[1:51:04]
code a few years back. Uh because of the
[1:51:08]
speed of technology and marketing and
[1:51:10]
advertising
[1:51:12]
um we've started now to kind of look at
[1:51:15]
that code individually given examples
[1:51:18]
that we've been confronted with for sign
[1:51:20]
applications and offer some thoughts as
[1:51:22]
to maybe how we can improve the signage
[1:51:24]
codes. Of course, the legislative body,
[1:51:26]
the council is the sole authority for
[1:51:29]
any amendments to the current code. And
[1:51:31]
so again, all I'm asking is if you want
[1:51:33]
to advise the council through our
[1:51:35]
liaison
[1:51:37]
um to consider an amendment to the
[1:51:40]
112-11,
[1:51:42]
uh then that's what we're all about. So
[1:51:44]
if you have any more input, uh
[1:51:46]
Commissioner Ali provided some input. Um
[1:51:49]
I have some input. Uh so just continue
[1:51:51]
to send that to John and John, you uh me
[1:51:54]
and Martina. Uh let's just get together,
[1:51:56]
not not tonight, but let's just get
[1:51:58]
together and decide uh how we're going
[1:52:00]
to roll all that together so we have
[1:52:04]
one-stop shopping on the commission's
[1:52:06]
feelings toward changes and uh we'll
[1:52:10]
create a master document that reflects
[1:52:12]
everyone's input if if you so choose. So
[1:52:15]
continue to offer that up to John and um
[1:52:19]
perhaps we'll have a final proposed set
[1:52:22]
of edits and changes. Uh next time we'll endeavor toward that reports and
[1:52:28]
other business. Uh Councilman Kelly, if
[1:52:30]
you could just give us a summary of the
[1:52:31]
last meeting, please.
[1:52:33]
>> Sure.
[1:52:37]
» Okay. So, uh the council met on
[1:52:38]
September 14th. Uh the council and the
[1:52:41]
public were given a presentation by
[1:52:43]
Mosley Architects with an updated police
[1:52:45]
station design. Uh we now have a base
[1:52:47]
design that is 5600 uh gross square feet
[1:52:51]
that fits into the $5 million uh budget
[1:52:53]
we've been working with. There also
[1:52:55]
alternative designs for future add-ons
[1:52:58]
uh if uh or when they're deemed
[1:53:00]
appropriate. Uh three of us move to
[1:53:02]
continue with the process uh using the
[1:53:04]
base design. So that's uh where we're
[1:53:07]
headed.
[1:53:08]
The recommendation for the purchase and
[1:53:10]
installation of a weather alert uh siren
[1:53:12]
system was approved in a 3 to1 vote. Uh
[1:53:15]
also ordinance 2026-22
[1:53:18]
related to mobile food units was
[1:53:20]
reintroduced uh with red lines and
[1:53:22]
deferred to the October meeting.
[1:53:24]
Ordinance 2026-24
[1:53:27]
related to the transfer of real property
[1:53:29]
uh was introduced in a hearing scheduled
[1:53:31]
for October 5th, the next meeting uh at
[1:53:33]
7:15 p.m. uh just before the meeting.
[1:53:37]
Ordinance 2026-25
[1:53:40]
related to al alternative dwelling units
[1:53:42]
was introduced and referred to you all.
[1:53:44]
Uh ordinance 2026-26,
[1:53:48]
an emergency budget amendment for a
[1:53:50]
decarbonization study in the amount of
[1:53:51]
$135,000
[1:53:53]
was approved uh and it's fully funded
[1:53:55]
through an energy efficiency and
[1:53:57]
conservation block grant. The council
[1:54:01]
will meet uh next uh this coming Monday,
[1:54:04]
October 5th. Any questions? Any
[1:54:08]
questions?
[1:54:10]
Uh John, do you have anything to add or
[1:54:12]
highlight in your uh staff report?
[1:54:15]
>> Uh no new business on this end right
[1:54:16]
now.
[1:54:17]
>> Okay. Um
[1:54:20]
did you want to make a comment?
[1:54:23]
>> I just had a quick question about um all
[1:54:26]
the projects that we have. Do you guys
[1:54:28]
have any kind of like metric or like um
[1:54:32]
something that says, "Okay, the project
[1:54:34]
at Chevy Court is in this phase or the
[1:54:36]
project on Buffalo Rose is in this
[1:54:38]
phase." Something that we could sort of
[1:54:40]
have as a commission to kind of keep us
[1:54:42]
updated about where everything is in the
[1:54:44]
process. Not that I want to make more
[1:54:45]
work for you, but
[1:54:47]
>> it sounds like more work.
[1:54:48]
>> It does, doesn't it? Um
[1:54:49]
>> I didn't know if you had anything like
[1:54:50]
that already just for your own
[1:54:53]
>> dashboard. Another dashboard.
[1:54:54]
>> Yeah. Or Yeah. or just even something
[1:54:56]
that we could get every month if not
[1:54:58]
even I mean it's sometimes there I mean
[1:55:00]
it seems like there's a lot coming up
[1:55:02]
and sometimes we have kind of have to
[1:55:03]
have a lot of refreshers about where
[1:55:05]
everything is
[1:55:06]
>> I guess I'm wondering what do you want to see like you know how
[1:55:09]
many building permits have been issued
[1:55:11]
which is part of the zoning
[1:55:12]
administrator report
[1:55:13]
>> yeah no I don't think we need that just
[1:55:14]
kind of
[1:55:15]
>> because that's part of the zoning
[1:55:15]
administrator report actually shows how
[1:55:17]
many build building permits have been
[1:55:19]
issued um but again I mean the dashboard
[1:55:22]
is there they have one building permit
[1:55:24]
on Dennis
[1:55:26]
subdivision. Buffalo Ridge hasn't gone
[1:55:29]
anywhere because you just approved it,
[1:55:31]
>> right?
[1:55:31]
>> We're waiting for improvement plans and miler. So, I mean, Green Tree um
[1:55:37]
myars are being signed and being routed
[1:55:39]
up to Carol County for an update, but
[1:55:41]
you know, no dashboard uh for those
[1:55:45]
particular items.
[1:55:47]
>> Okay.
[1:55:49]
>> I can give you an update or something or
[1:55:51]
>> it's not typically something we would
[1:55:53]
publicize. Um but if you want some kind
[1:55:56]
of a
[1:55:57]
>> update matrix of what's happening on
[1:56:00]
what projects you've approved I mean
[1:56:02]
that's we can do that but
[1:56:04]
>> yeah I I think um
[1:56:08]
so let me work with you about kind of
[1:56:10]
what I'm envisioning. I like the word
[1:56:12]
dashboard. I'm familiar with dashboard
[1:56:14]
on you know kind of one-stop shopping on
[1:56:17]
projects. Um, so let me see if we can
[1:56:20]
put some contours to kind of what we're
[1:56:22]
talking about here and how it would
[1:56:25]
appear on the town website for Joe Bag
[1:56:28]
of Donuts to go in and say, "Oh, what's
[1:56:30]
going on there with Chevrolet Court?"
[1:56:32]
And they would get, I don't know, four
[1:56:35]
or five items of information, a site
[1:56:37]
plan, stuff like that. They would get a
[1:56:40]
site plan, a status, how many permits,
[1:56:42]
not
[1:56:43]
>> not a really rich understanding of it.
[1:56:46]
Certainly not like into the details, but
[1:56:48]
maybe just some fundamental stuff like
[1:56:51]
the last approved site plan.
[1:56:52]
>> Well, I think it's uh I think that's
[1:56:54]
great idea along with council member de
[1:56:56]
motor's suggestion. Again, our website
[1:56:59]
is just about to go under review and
[1:57:02]
modifications. So, this would be the
[1:57:04]
time to set that in motion,
[1:57:05]
>> throw some ideas. Yeah.
[1:57:06]
>> And possibly have something that's
[1:57:08]
updated monthly.
[1:57:09]
>> Yeah.
[1:57:10]
>> I don't see it up being updated daily.
[1:57:12]
>> So, let's let's knock that around. Um,
[1:57:15]
and we'll throw it out to the other
[1:57:16]
commissioners just to kind of say, you
[1:57:18]
know, here's kind of what we're thinking
[1:57:19]
would be valuable to the citizen, you
[1:57:21]
know, to kind of
[1:57:22]
>> you could call it the Mount Air
[1:57:23]
development dashboard.
[1:57:26]
>> Thanks, Brian.
[1:57:28]
>> Yeah. What's going on,
[1:57:30]
>> Brian? Put that together.
[1:57:35]
» Okay. Um so just to recap um and to go
[1:57:40]
back to the very beginning um if you can
[1:57:43]
add to the agenda a quick discussion
[1:57:45]
John about possibly and again this isn't
[1:57:48]
a forceful ask it's just if you can back
[1:57:52]
to discussion as to how the commission
[1:57:54]
may navigate through the site plan
[1:57:58]
regarding the police station. uh that
[1:58:00]
topic again. Um and and if if I may
[1:58:06]
um Council Member Kelly, when when you
[1:58:10]
give your October report, and again, I'm kind of pausing here because I feel
[1:58:17]
like I'm violating my own rule, which is
[1:58:19]
not to tell somebody how to suck eggs,
[1:58:20]
and that is if you could consider
[1:58:23]
mentioning the interest of the
[1:58:25]
commission in that regard.
[1:58:28]
um and and couch it please as
[1:58:30]
respectfully
[1:58:32]
wanting to help because of our
[1:58:35]
experience with other developments and
[1:58:37]
buildings and and developers and pattern
[1:58:40]
books and etc. Uh is that a fair
[1:58:43]
statement commissioners? I don't want to
[1:58:44]
volunteer you into something that you
[1:58:46]
feel like is out of bounds. Um okay. So
[1:58:49]
if if that's an ask for
[1:58:53]
um these two August individuals here,
[1:58:56]
then um if if it can be explored, then
[1:59:00]
I'd appreciate it. Is that fair?
[1:59:02]
>> Yeah. And again, as we've I've said all
[1:59:04]
along, I'm I'm in your corner to have
[1:59:06]
this presented to the planning
[1:59:07]
commission for
[1:59:08]
>> for suggestions.
[1:59:10]
>> Okay. And and of course all that said in
[1:59:12]
deference to what legal boundaries we we
[1:59:14]
may or may not may not have. Um any
[1:59:18]
alibis from the commissioners hearing?
[1:59:20]
None. I am adjourning this meeting. The
[1:59:22]
next
[1:59:23]
>> Oh, one one real one real quick
[1:59:25]
question.
[1:59:27]
>> Going back to the signs. I know we're
[1:59:28]
not making the actual recommendations to the council, but I think at our last
[1:59:33]
meeting, um, council member Mund made a comment about we had to be careful
[1:59:38]
because there were some concerns about
[1:59:41]
freedom of speech. Can I ask Tom what we
[1:59:43]
need to keep in mind if anything when
[1:59:47]
we're looking at the sign
[1:59:49]
in information or sign things? Um I
[1:59:54]
think the reference was made to a
[1:59:55]
Supreme Court case in that regard
[1:59:59]
and uh I think we fixed that. Uh what it
[2:00:03]
had to do from memory with uh can you
[2:00:06]
regulate
[2:00:08]
um in that case I think it was a
[2:00:10]
church's sign versus other commercial
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uh signage within the same zoning
[2:00:19]
district. and the Supreme Court held
[2:00:21]
that that is a contentbased uh
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restriction on speech and therefore was
[2:00:26]
unconstitutional. However, the court
[2:00:27]
went on to say that um
[2:00:32]
certainly you may do it by zoning
[2:00:34]
districts. So you may say okay in this
[2:00:36]
zoning district this size of a sign by
[2:00:39]
way of example is appropriate but what
[2:00:42]
you can't say this s this size for
[2:00:45]
commercial this size for a church this
[2:00:48]
size for something else I believe we
[2:00:51]
addressed that in the last set of um
[2:00:55]
revisions and I think the way the signs
[2:00:57]
ordinance now is structured is by zoning
[2:01:00]
district which supreme court at least
[2:01:02]
one of the probably seven opinions in
[2:01:05]
that case as they're prone to issue many
[2:01:08]
opinions in every case um seem to
[2:01:11]
suggest was appropriate that that
[2:01:13]
restriction could be done. So, I I
[2:01:15]
that's a long answer to say. I think the
[2:01:17]
signs ordinance as it's currently
[2:01:19]
organized
[2:01:21]
um
[2:01:23]
addresses that.
[2:01:26]
» Um I'm since the reference was made
[2:01:29]
toward council member Mander, do you
[2:01:31]
wish to add to that of the privacy
[2:01:34]
caution? Um, and and maybe one minute,
[2:01:37]
Carl,
[2:01:40]
or
[2:01:43]
>> I'm fine with that. I mean, as long as
[2:01:45]
the code doesn't change, that would,
[2:01:48]
you know, allow us to be challenged
[2:01:50]
again. But if Tom says in most district,
[2:01:52]
that's handled fine. Just try and use
[2:01:57]
common sense while looking at it and see
[2:02:00]
if it does, you know, do a simple test
[2:02:03]
in your mind. Does this restrict speech
[2:02:06]
or size or does it violate anything?
[2:02:09]
That would be common.
[2:02:10]
>> Yeah.
[2:02:11]
>> So, I'm good. I'm good with it.
[2:02:13]
>> Gotcha. And again, um
[2:02:16]
my attitude is
[2:02:19]
um go into looking at changes to the
[2:02:22]
signage code unconstrained by that
[2:02:25]
concern. allow the town attorney to move
[2:02:30]
that suggested text or point into the
[2:02:35]
legal parameters to abide by the law. Do
[2:02:38]
you follow what I'm saying? I mean, if
[2:02:40]
you think a good idea, don't bridle your own thoughts with the
[2:02:46]
possibility that it could create a
[2:02:49]
freedom of speech issue. Just put it out
[2:02:51]
there and then the the good council will
[2:02:54]
say, "Oh, no. that would run against um
[2:02:58]
you know Similsburgger versus McCarron
[2:03:01]
and we can't we can't do that. Is that
[2:03:04]
fair?
[2:03:05]
>> Yeah. And I kind of call that
[2:03:11]
» and so just kind of unconstrained is
[2:03:13]
kind of how I'm encouraging you know
[2:03:15]
throw your thoughts out there if you
[2:03:16]
think because of your experience on this
[2:03:18]
day as dealing with code and a proposed
[2:03:21]
application for some sign. Um, if you
[2:03:25]
think it's a good idea, put it down and
[2:03:27]
just offer it and then we'll we'll
[2:03:30]
bounce it around. Uh, any other alibis
[2:03:32]
from the commissioners. It's been a
[2:03:34]
great meeting. Um, and so the next
[2:03:36]
meeting will be 7 p.m. Town Hall October
[2:03:40]
26
[2:03:42]
and I see we are at 9:04. I adjourn this
[2:03:45]
meeting. Thank you.