Sarah Moses
Cumberland Times-News
September 26, 2007 11:57 am
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OAKLAND - Though there are still some hurdles to overcome for the upcoming construction of a Lowe's home improvement store in the Mount Nebo area of Oakland, officials believe progress will still be made at the site.
"If they are told with confidence there will be water, they hope to start the prep work before Thanksgiving and would have some of the preliminary work done by spring," Jim Hinebaugh, director of economic development, said at Tuesday's county commission meeting.
Oakland Mayor Asa McCain said after the meeting that the development company for Lowe's is already looking into the option of using a well and septic system. He said that the town has run into problems with its annexation of U.S. Route 220 and the proposed site of the new store from the state and local developers.
Though the annexation has been completed, McCain said the town still hasn't received any form of approval from Maryland Department of Planning concerning the extension of water and sewage services to the newly annexed area.
The town of Oakland had been working with Lowe's, which would pay the cost of the water and sewer extension from the town to the site. That arrangement also would provide the services to Knoll Crest Heights and allow for future hook-ups and annexation along that stretch of U.S. Route 219.
McCain said it has always been a part of Oakland's plans to annex the area toward Mount Nebo, and the mayor said that intention is part of what the town has been trying to convey to state planners in order to get their backing for the service extension.
He said that the updated plan for the town would include this, but that the state Department of Planning is requesting that the town show this before the 2009 deadline for the plan.
John Nelson, director of planning and land development, said that for the state to take it as a draft would be "reasonable."
As well as working out issues at the state level with this plan, McCain said that the town is also facing a lawsuit from Bypass Ventures, LLC.
"They contend that we can't do what we did in the way of annexing because it is, as I call it, 'gooseneckiing,'" McCain said. "We filed a motion to have it dismissed. The regional hearing date for that motion to be considered was the first part of October. Now it's scheduled for Nov. 27 at 1 p.m."
McCain contends that while the annexation at this time only includes the strip of U.S. 219 and the proposed Lowe's site, all areas in between are part of consideration for future annexation.
He also said that if for some reason the town was forced to withdraw annexation of the area, it would still be possible to extend water and sewer services outside of town, but that such a move would be going against the state's Smart Growth principles.
There is still the possibility that Lowe's could locate itself to the Mount Nebo site, but use a well and septic system. McCain said if that was the case, when the town would annex the areas planned, the cost of installing the water and sewer lines would no longer be covered by the company.
"One situations is a win-win," McCain said. "The other is a lose-lose."
Sarah Moses can be reached at smoses@times-news.com.
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