THE BERKELEY COUNTY PLANNING COMMISSION MINUTES

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1 THE BERKELEY COUNTY PLANNING COMMISSION MINUTES The Berkeley County Planning Commission met in regular session on October 19, 2009, in the office at 802 Emmitt Rousch Drive, Martinsburg, West Virginia. 1. CALL TO ORDER The meeting was called to order at 7:00 p.m. by President Donald Fox, presiding. 2. ROLL CALL a. PLANNING COMMISSION MEMBERS PRESENT: President Donald Fox, Gary Matthews, John Jeans, Thomas Conlan, Eric Goff, Ted Bostic, Ron Collins, Gary Phalen and Dr. Richard Rauch. MEMBERS ABSENT: Daniel Gantt b. STAFF: Matthew Pennington, Planner II Heather Hamilton, Secretary/Scanner Steve Aberegg, Assistant County Engineer 3. SUNSHINE LAW SPEAKERS There were no speakers under the Sunshine Law. 4. APPROVAL OF MEETING MINUTES a. August 24, 2009 Thomas Conlan noted that the address for the meeting location should be 802 Emmitt Rousch Dr. ACTION TAKEN: The motion was made by Gary Matthews and seconded by Ted Bostic to approve the Planning Commission Meeting Minutes for August 24, 2009 with the noted correction. Call for question. The motion carried b. September 14, 2009 Thomas Conlan noted that the address for the meeting location should be 802 Emmitt Rousch Dr. ACTION TAKEN: The motion was made by Ron Collins and seconded by Gary Phalen to approve the Planning Commission Meeting Minutes for September 14, 1

2 2009 with the noted correction. Call for question. The motion carried c. September 21, 2009 WORK SESSION Thomas Conlan noted that the address for the meeting location should be 802 Emmitt Rousch Dr. ACTION TAKEN: The motion was made by Ron Collins and seconded by Ted Bostic to approve the Planning Commission Meeting Minutes for the work session on September 21, 2009 with the noted correction. Call for question. The motion carried 5. BOND REDUCTION a. REQUEST FOR BOND REDUCTION Cameron Acres Section C, Phase 2 File # The property is located north of Tarico Heights on the north side of Three Run Road in the Mill Creek Tax District. Four Points Construction, Inc.; developer. Peter Lorenzen; engineer. Sol Trotter was present as representative. ACTION TAKEN: The motion was made by John Jeans and seconded by Eric Goff to reduce the associated surety in the amount of $106, for a retained surety of $ 31, Call for question. The motion carried 6. PUBLIC HEARING a. REQUEST FOR WAIVER Red Hill, Section 1, Phase 1 File # The property is located on Ridge Road at Hedgesville High School in Hedgesville Tax District. The waiver was to reduce the Building Restriction Line for Lot 39 from 20 feet to 14 feet to accommodate a house porch. Phil Cogar; developer. Dirk Stansbury; engineer. Dirk Stansbury and Phil Cogar were present as representatives. ACTION TAKEN: The motion was made by Gary Matthews and seconded by Ted Bostic to close the Public Hearing. Call for question. The motion carried 2

3 ACTION TAKEN: The motion was made by Gary Phalen and seconded by Eric Goff to accept grant the Request for Waiver. Call for question. The motion carried b. REQUEST FOR WAIVER Elizabeth Riley File # M- The property is located on Route 12/4 and Route 5 in the Opequon Tax District. Elizabeth Riley; applicant. PC DiMagno; engineer. Mr. Gent and Andy DiMagno were present as representatives. ACTION TAKEN: The motion was made by John Jeans and seconded by Ted Bostic to close the Public Hearing. Call for question. The motion carried Mr. DiMagno explained that when the plats and deeds were done, he believed that Ms. Riley (Mr. Gent s mother in law) was alive, but in fact, she was deceased. The property should have been transferred through a testamentary transfer instead of a family transfer. Mr. Gent stated that he and his wife would like to sell the property and have a buyer in place if they can get the required waiver. ACTION TAKEN: The motion was made by Ron Collins and seconded by Gary Phalen to grant the Request for Waiver and remove the five year condition to the lot in question to allow the lot to be conveyed to a non-family member. Call for question. The motion carried c. REQUEST FOR PRELIMINARY SITE PLAN REVIEW US Cellular at Scrabble Road File # The property is located on Scrabble Road (Route 12) in the Opequon Tax District. US Cellular; developer. Tim Stark; engineer. Tim Stark from Wireless Resources and Mike Pacyna, the US Cellular project manager, were present as representatives. Bob Jones was also present as the property owner. ACTION TAKEN: The motion was made by Ron Collins and seconded by Ted Bostic to close the Public Hearing. Call for question. The motion carried President Fox wondered why there were so many acres involved for the tower. 3

4 Mr. Stark stated that Mr. Jones owns over fifty-three acres, but the tower will be on 2,500 square feet through an easement agreement. President Fox wanted to know how many carriers the tower would service. Mike from US Cellular stated that it will only serve US Cellular initially, but may service six carriers. Mr. Stark showed the Planning Commission the plans and explained some details of the design. Mr. Conlan wondered why a hydro geologic study was done. Mr. Stark explained that the first study is always done for foundation purposes and wind load. Twila Carr from the DEP and Matt Pennington suggested the other two studies. Tom Conlan also asked about a representative from Charleston requesting his presence during excavation. Mr. Stark stated that was a normal occurrence. Mr. Conlan wondered how the sites are determined. Mike from US Cellular stated that there was very little coverage in this area and they just wanted to increase coverage. Mr. Conlan wondered about the tower being 190 feet and the length is determined. Mr. Stark stated that the tower length is determined by a radio frequency engineer. Mr. Conlan also wondered about the tower being a monopole. Mr. Stark stated that the historical society suggested that as it is located near a historical site. Mike stated that the pole would also be painted gray instead of keeping it the galvanized steel. ACTION TAKEN: The motion was made by John Jeans and seconded by Ron Collins to grant Preliminary Plat approval. Call for question. The motion carried 4

5 d. REQUEST FOR PRELIMINARY PLAT REVIEW Wellington Reserve File # The property is located on the west side of County Route 9/11 (Welltown Road) north of County Rt. 13 (Dry Run Road) and south of Route 9/21 (Stribling Road) in the Hedgesville Tax District. Lowery Real Estate Development LLC; developer. Bowman Consulting Group; engineers. This item was pulled from the agenda by the Assistant County Engineer. 7. FINAL PLAT a. REQUEST FOR FINAL PLAT REVIEW Mary Lou Weller File #021-08M-The property is located in the Falling Waters Tax District. Mary Lou Weller; applicant. PC DiMagno; engineers. Andy DiMagno was present as representative. Mr. Conlan asked about the history of this project. Mr. DiMagno stated that this project had to go through the major subdivision process due to the 7 lot requirement in the minor process. ACTION TAKEN: The motion was made by Gary Phalen and seconded by Ted Bostic to approve the Final Plan as complying with the provision of the Ordinance and as having the installation of all required improvements in place. Call for question. The motion carried 8. SUPPLEMENTAL PLAT a. REQUEST FOR SUPPLEMENTAL PLAT REVIEW Shenandoah Valley Medical Systems File # The property is located on the north side of Tavern Road, approximately 1,000 east of Rock Cliff Drive, in the Hedgesville Tax District. SWMS; developer. Lavelle & Associates; engineers. David Fant and Jeff Ryman were present as representatives. President Fox wondered why it had taken so long to get Supplemental Plat approval. Mr. Fant explained that there had been some confusion regarding the storm water management pond, etc. 5

6 ACTION TAKEN: The motion was made by Gary Matthews and seconded by Eric Goff to grant Supplemental Plat approval. Call for question. The motion carried 9. TABLED ITEMS a. PUBLIC HEARING-REQUEST FOR PRELIMINARY SITE PLAN REVIEW Boyd s Crossing Outlot File # The property is located at the southeast corner of Runnymeade Road, Route 26 and Interstate 81, in the Mill Creek Tax District. George Glaize; developer. Painter-Lewis; engineers. Mr. Lewis was present as representative. ACTION TAKEN: The motion was made to untable the project by Eric Goff and seconded by John Jeans. Call for question. The motion carried R.R. Kirk stated that he owned the property across the street and wondered if the lot that was being created for the sign would be used for firework containers and tents for 2 weeks out of the year. Mr. Lewis stated that the existing lot was 15 acres with the existing billboard. The lot was being broke out to its own lot with no additional signs in the plans. Mr. Kirk stated that the lot would have a commercial entrance to service the sign and leaves the lot open for competition to his business for 2 weeks out of the year. He explained he was in business all year, pays taxes and employs people all year also. Mr. Lewis stated this was a fee simple lot. Mr. Bentley stated that if there is a tent or container, that Mr. Kirk should contact the Engineering Dept. to determine if the proper permits are in place. Mr. Bentley stated that Mr. Glaize has the right to use his property as he chooses and that there is no zoning in Berkeley County. He also stated that the county can not discourage competition. President Fox stated that if this project meets the Subdivision Regulations, the Planning Commission must approve it. 6

7 There was discussion from the public regarding loss of jobs due to competition and the job situation in West Virginia. President Fox stated that the discussion was out of the realm of the Planning Commission and that the project meets the Regulations. Mr. Phalen wondered if the existing billboard was moving or if the lot would surround the sign. Mr. Lewis stated that the lot surrounded the sign. Mr. Jeans wondered if the road would allow truck accessibility to maintain the sign. There was discussion as to whether Mr. Glaize should be present at the next meeting to answer the concerns of the public. ACTION TAKEN: The motion was made by Ted Bostic and seconded by Gary Matthews to close the Public Hearing. Call for question. The motion carried ACTION TAKEN: The motion was made by Gary Matthews and seconded by Tom Conlan to table the project until the next meeting on November 9, 2009 so that Mr. Glaize can address the questions by the public. Call for question. Ted Bostic vote nay. The motion still carried. b. REQUEST FOR BOND REDUCTION Archer s Rock Section 1 File # The property is located approximately 1,000 from the intersection of Harlan Springs Road and Ropp Drive in the Falling Waters Tax District. Long Archer s Rock, LLC; developer. Bowman Consulting Group; engineers. Lawrence Gorman was present as representative. ACTION TAKEN: The motion was made to untable the project by Eric Goff and seconded by Gary Matthews. Call for question. The motion carried Mr. Matthews asked if the developer was okay with the bonding requirements. Mr. Gorman answered yes. 7

8 ACTION TAKEN: The motion was made by Gary Phalen and seconded by John Jeans to reconfigure the new bonding prices and retain a bond in the amount of $564, Call for question. The motion carried c. REQUEST FOR VARIANCE Westminster Apartments File # The property is located off of Minster Drive in the Opequon Tax District. DAR Properties LLC; developers. Triad Engineering; engineers. Bill Arndt and Steve Mathias were present as representatives. A member of the public stated that the entrance is not wide enough as fire trucks can not get through. There will be twice the traffic with the apartments and this must be fixed prior to the apartments going in. He also told the story of an emergency situation within the subdivision and the problems that occurred when emergency vehicles were trying to enter and residents trying to exit. Another comment was made regarding the postings for the meeting. There were no postings when the residents were told there would be prior to the meeting. President Fox stated that the Public Hearing will remain open, the variance will be readvertised and be on the agenda for the November 23, 2009 meeting. He also stated the Commissioners would hear public comment at the current meeting. There was some discussion of the flooding issues in the neighborhood. Mr. Arndt stated that he believed the telephone pole on Route 11 by the entrance was to be moved by Wooster Engineering who is working on the Route 11 project. Mr. Arndt stated that some work regarding the drainage issues had been done. Mr. Pennington stated that the County Engineer, William Teach, had been to the site and had noticed improvement. He also explained about the terrain of the area and that other entrances to different sites had the same type of issues. The residents brought up the issue regarding the Home Owner s Association and the Covenants and Restrictions. They stated that the HOA is currently the developer and that no Covenants had been filed in the courthouse. Mr. Mathias stated that the Covenants and Restrictions could be found at the courthouse, Deed Book 663, Page 576. The public members also stated that they have no street lights or street signs. 8

9 Mr. Bentley stated that the new developer will uphold the plans and everything will be finished. President Fox wondered when the new developers will start the work. Mr. Mathias stated that the new developers have not purchased the property yet because of the variance and some other items. Mr. Bentley stated that after thirty days of advertisement, the variance will be heard again on the November 23, 2009 meeting. A resident wondered if a risk assessment could be done before that meeting. Mr. Mathias stated that the developers are from the Morgantown area and he wanted the residents to check out their previous work. He said they have a good reputation for quality work and responsibility. Mr. Mathias stated that the new developers will do what is required by the county. He also did not past problems to poison the project. Members of the public stated they had heard the promises from past developers and were wary. Mr. Mathias stated that the variance is needed as well as Preliminary Plat approval. ACTION TAKEN: The motion was made by Gary Matthews and seconded by John Jeans to table the project until the November 23, 2009 meeting. The Public Hearing is to remain open. Call for question. The motion carried 10. NON-RENEWAL OF CREDIT a. Springdale Farms Subdivision File # Expires 10/24/09 The property is located on Gold Miller Road at the intersection of Mish Road in the Gerrardstown Tax District. Springdale Farm Developers LLC; developer. Huntley, Nyce and Associates; engineers. ***PULLED PER REQUEST OF LEGAL COUNSEL**** b. Willowby Estates File # Expires 10/28/09 The property is located on the east side of Route 51/8 (Cheshire Road) and the west side of Route 51 (Middleway Pike) in the Mill Creek Tax District. Mark Markle; developer. Huntley, Nyce and Associates; engineers. ***PULLED PER RECEIPT OF RENEWAL**** 9

10 11. STAFF/COUNSEL DISCUSSIONS Gary Matthews spoke regarding the Transportation Committee. He stated that Ms. Capito and a gentleman from Florida would be coming to the Inwood area on Monday, October 26, Mr. Conlan reported on the Affordable Housing Committee and was praised for his persistence from Norwood Bentley. 12. ADJOURNMENT ACTION TAKEN: The motion was made by Ron Collins and seconded by Eric Goff to adjourn the meeting at 8:12 p.m. Call for question. The motion carried Respectfully Submitted, Heather Hamilton Secretary/Scanner Berkeley County Planning Commission Meeting Minutes October 19,

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