THE BERKELEY COUNTY PLANNING COMMISSION MINUTES

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					                                                                                   4/25/11


       THE BERKELEY COUNTY PLANNING COMMISSION MINUTES

The Berkeley County Planning Commission met in regular session on April 25, 2011, in
the Council Chambers at 400 W. Stephen St., Martinsburg, West Virginia.

1.     CALL TO ORDER

       The meeting was called to order at 6:00 p.m. by President Donald Fox, presiding.

2.     ROLL CALL

       a.    PLANNING COMMISSION MEMBERS PRESENT: Vickana Norton,
            Linda Barnhart, Donald Fox, Eric Goff, Butch Pennington, Gary Matthews,
            Thomas Conlan, Dr. Richard Rauch, and Bucky Strauch.

            MEMBERS ABSENT: Ted Bostic, Daniel Gantt and Jim Whitacre.

       b.    STAFF:           Matthew Pennington, Planner II
                              Kim Shrader, Engineer
                              Steve Aberegg, Asst. County Engineer
                              Heather Hamilton, Administrative Asst.

            President Fox welcomed Vickana Norton to the Planning Commission.

  3.   SUNSHINE LAW SPEAKERS

       Andy DiMagno spoke about Storm Water Management in lots that are less than 2
       acres in size. He stated that the Storm Water Ordinance was created by the
       former County Engineer, Bucky Teach. Mr. DiMagno said that this issue has
       created problems for people doing family transfers and parcels that were once
       exempt from this Ordinance. Please see the attached documents that were
       submitted to the Planning Commission as examples.

       President Fox stated the he will have Matthew Pennington research the Ordinance
       and report back with his findings to the Planning Commission.

        Mr. Ben Goldstein stated his concerns regarding Peacemaker National Training
       Center. He stated that he had adjoin property to this parcel and still wanted the
       chance to be able to enjoy the outside of his property without all of the noise from
       the facility. Please see the attached submission.

       Mr. Harold Bernadzikowski from Verizon spoke about his disappointment
       regarding the final plat date on a project he has within our county. He would have
       liked to have had the final plan determination date set this evening. He also stated
       that he believes agendas should be posted at least 5 business days in advance in
       case there would omissions, mistakes or questions regarding it.



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     Jay Kuhl wanted to voice his concerns regarding the Peacemaker project. He is
     concerned about the environment and about his quality of life regarding the noise
     from the range.

     President Fox wanted to bring Mount Carmel to a close tonight and will accept
     comments from the public when it is reached on the night’s agenda.

     Mr. Fox also wanted to speak about the bond estimate/work completion report
     that was submitted by Engineering regarding Pebble Ridge. He stated that a plat
     of merger would need to be done to made the subdivision complete.

     Mr. Bentley received a letter of objection from a homeowner in the subdivision.
     This raises a legal issue regarding the merger and getting permission from the
     existing lots sold. Mr. Bentley suggested that nothing should be done until a
     meeting is held with the affected parties.

     President Fox stated he would wait for an update after the scheduled meeting.

4.     APPROVAL OF MEETING MINUTES

        a. April 11, 2011

        ACTION TAKEN: The motion was made by Gary Matthews and seconded
        by Dr. Rauch to approve the Meeting Minutes with corrections. The
        correction was there was a statement welcoming Linda Barnhart to the
        Planning Commission. The statement was removed as this action took place
        at the previous meeting. Call for question. Tom Conlan abstained due to
        being absent. The motion still carried.

5.      PUBLIC HEARING

        a. REQUEST FOR SKETCH PLAN ADVANCEMENT – Pleasant
           Court Cell Tower - File # 007-11- The property is located on the north
           side of Shape Charge Rd. (WV Route 12/1) approximately 1 mile east of
           its’ intersection with US. Route 11 (Williamsport Pike) in the Opequon
           Tax District. Verizon Wireless; developer. Lavelle & Associates;
           engineers.

            Matt Pennington read the description and project notes.

            Harold Bernadzikowski from Verizon and Randy Litwin from Lavelle
            were present as representatives.

            ACTION TAKEN: The motion was made by Dr. Rauch and seconded
            by Eric Goff to close the Public Hearing. Call for question. The motion
            carried unanimously.



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   President Fox wondered if this was the tower that Mr. Bernadzikowski had
   spoken about under the Sunshine Law.

   Mr. Bernadzikowski stated that this was a different one, part of their
   network plan.

   Dr. Rauch wondered what kind of tower this would be.

   Mr. Bernadzikowski explained it would be a triangular shaped lattice
   tower.

   President Fox asked if they had sold any space to other carriers yet.

   Mr. Bernadzikowski answered no, but may be able to once the plan is
   approved.

   ACTION TAKEN: The motion was made by Gary Matthews and
   seconded by Tom Conlan that based upon the applications, advancement
   of the Sketch Plan to the Preliminary Plan Stage is granted as it complies
   with the provisions of the ordinance. Call for question. The motion
   carried unanimously.

b. REQUEST FOR SKETCH PLAN ADVANCEMENT – WVU
   Hospitals East, Medical Office Building – File # 009-11 – The property
   is located on the west side of N. Tennessee Ave., approximately ¼ mile
   south of its’ intersection with Dry Run Road (WV Route 13) in the
   Hedgesville Tax District. WVUH MOB I, LLC; developer. Triad
   Engineering; engineers.

   Matt Pennington read the description and project notes.

   Denny Dunlap from Triad Engineering was present as representative.

   Linda Cable asked if there was a drawing available to see of the building.

   Matt Pennington explained that the plan was hanging in the back of the
   room.

   Ms. Cable wondered how much of the 3 parcels would be disturbed.

   Mr. Dunlap explained that the building will be on the southern 2 lots
   leaving one lot basically undisturbed.

   ACTION TAKEN: The motion was made by Gary Matthews and
   seconded by Dr. Richard Rauch to close the Public Hearing. Call for



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     question. Dr. Rauch recused as he is an active staff member at the
     hospital. The motion still carried.

     ACTION TAKEN: The motion was made by Gary Matthews and
     seconded by Eric Goff to advance the Sketch Plan to the Preliminary Plan
     Stage as complying with the provisions of the Ordinance. Call for
     question. Dr. Rauch recused as he is an active staff member at the
     hospital. The motion still carried.

6.   FINAL PLAN DETERMINATION

     a. Peacemaker National Training Center – File # 018-10 – The
        property is located along Brannon’s Ford Rd. (WV Route 22/1), 1,000’
        north of the Virginia Stateline in the Gerrardstown Tax District. Cole
        McCulloch; developer. D.A. Stansbury; engineer.

        Matt Pennington read description and project notes.

        Dirk Stansbury and Cole McCulloch were present as representatives.

        Gary Matthews wondered about the use of heavy arms or mortars at
        this facility.

        Mr. McCulloch explained that the term “heavy arms” is a manner of
        opinion. There will be no use of mortars at the facility. There will be
        use of single fire rifles.

        Mr. Conlan wondered if there was a posted time schedule for the
        facility.

        Mr. McCulloch stated that there will be a calendar posted on the
        website.

        Mr. Conlan wondered if the representatives had any preliminary
        comments regarding the letter presented by Mr. Goldstien under the
        Sunshine Law.

        Mr. McCulloch stated that he appreciates the concerns, but that he has
        a legal right to build this kind of facility on his property. He will be in
        touch with Mr. Goldstein regarding his letter.

        President Fox requested that Mr. McCulloch report back to the
        Planning Commission regarding these concerns. He believes a
        compromise can be made and that all parties should be good citizens
        and neighbors.




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        Mr. McCullloch stated that there was no guarantee of compromise as
        he has already made some changes, but he will evaluate the concerns
        and report back to the Planning Commission at his last meeting.

        President Fox wondered if the facility would be open for 12 months.

        Mr. McCulloch stated that they would be closed for the winter (deer
        season until around March 15).

        ACTION TAKEN: The motion was made by Gary Matthews and
        seconded by Tom Conlan that the project will be advertised for Final
        Plan Approval on April 26, 2011 for the May 23, 2011 Planning
        Commission Meeting. Call for question. The motion carried
        unanimously.

7.      DISCUSSION/ACTION

     a. Butler’s Farm Market

      Andy DiMagno stated that this project was deemed as agricultural,
     required no site plan and was exempt from the Subdivision Ordinance.
     The market has gotten all required permits. In 2007, they added an
     addition and at the February 26, 2007 Planning Commission meeting,
     Megan Clark, asked the Planning Commission members to define the
     definition of a farm market. Please see the submission attached to the
     Minutes.

      Mr. DiMagno also stated that the market was asked by the Health
     Department to add this building to bake their pies in. After the building
     permit application was submitted, they received a letter requiring them to
     do a site plan. Mr. DiMagno wants clarification on this issue from the
     Planning Commission.

        Donald Fox stated that this is the third time that this issue has come
        before the Planning Commission.

        Mr. DiMagno says that his contention is that the market is still exempt.

        Mr. Fox stated that this is not just a mom and pop vegetable stand.

        Mr. DiMagno said that the site has not changed since 2007.

        Mr. Pennington stated that a motion should be made on the definition,
        not for this particular project.




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Linda Barnhart stated that it was her opinion that when the project was
deemed agricultural exempt years before, it is still exempt today.

Mr. Pennington stated that the Assessor’s office taxes this property in
two categories-agricultural and for the market.

Mr. Greg Butler stated that the market is closed November through
March. He also stated that they sell what they grow.

Mrs. Norton wondered if the structure was permanent.

Mr. Butler stated that the structure is permanent and laid on previously
approved gravel.

Mr. Bentley stated that there is a difference in agreement as to what
can be sold at farm markets. Many markets sell Amish furniture,
topsoil, mulch, etc. and not just vegetables and fruits. There has been
a dispute amongst staff regarding the storm water management issues.

Mr. Pennington stated that the market is a great asset to the community
and a successful business. He just wants to make sure that state code
is followed regarding the clean water act.

Mr. DiMagno wondered why the storm water issues are being
addressed through Planning and not through Engineering.

Mr. Bentley replied that he has asked Mr. Pennington to research the
storm water issue per his request.

Dr. Rauch wondered what the purpose of the building is.

Mr. DiMagno stated that they are trying to comply with the Health
Departments regulations by baking their pies in a separate building.
They will also use the building as an employee lunch room.

President Fox requested that the Planning Commission table this
discussion until the issues brought up at tonight’s meeting are
clarified.

Vickana Norton and Linda Barnhart both agreed that there should be
no more need for clarification. A motion should be made.

Gary Matthews disagreed and stated he would like to explore the
storm water issue and make a precedent making decision after
clarification.




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      ACTION TAKEN: The motion was made by Gary Matthews and
      seconded by Dr. Rauch to table the discussion on Butler’s Farm
      Market for more clarification until the May 9, 2011 Planning
      Commission Meeting. Call for question. There were 3 Nays by Butch
      Pennington, Linda Barnhart and Vickana Norton. The motion still
      carried.

8.    STAFF/COUNSEL DISCUSSION/ACTION/MOTION

       a.   Mt. Carmel Road Issue – File # 52-99

      President Fox stated the Planning Commission had decided to take no
      action and the County Council also took no action regarding the road
      issue. He would like to bring closure to this issue tonight and make a
      motion to take no action.

      ACTION TAKEN: The motion was made by Gary Matthews and
      seconded by Dr. Rauch to take no action on the Mt. Carmel road
      issue. Call for question. The motion carried unanimously.

      Will Thorne stated that Bill Stubblefield told him to attend this
      meeting for written documentation regarding his subdivision. He had
      a letter from Ms. Capito regarding the issue and read portions to the
      Planning Commission. Mr. Thorne stated that he does not like the
      decision of “no action” and would like a definitive answer.

      Jay Kuhl stated that he believes it has been proven that Mt. Carmel
      road is not a state road. He said that just because they wrote permits
      off of that road does not mean they own it and that the deed was
      written, but never accepted from the DOH. He also believes there
      were problems with the plat. He would like to know why the
      Regulations were not followed. Mr. Kuhl thinks that his rights have
      been denied because the Planning Commission did not do their job.
      He would also like a written explanation.

      Mr. Thorne would like a definition of “no action.”

9.     EXECUTIVE SESSION

       a.   Personnel

       ACTION TAKEN: The motion was made by Linda Barnhart and
       seconded by Gary Matthews to go into Executive Session regarding
       personnel. Call for question. The motion carried unanimously.

10.    ADJOURNMENT



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            ACTION TAKEN: The motion was made by Gary Matthews and
            seconded by Butch Pennington to adjourn the meeting at 7:55 pm.
            Call for question. The motion carried unanimously.


Respectfully Submitted,



Heather Hamilton
Administrative Assistant




       Berkeley County Planning Commission Meeting Minutes April 25, 2011


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