Published: March 26, 2009 11:32 pm      

Midland area rezoning request

Arguments made for, against plant plans

CUMBERLAND — Even in disagreement, proponents of a request to rezone 104 acres along state Route 36 from agricultural and residential to industrial agreed with four out of five points the Allegany County Planning and Zoning Commission considered in regard to a change in the character of the neighborhood.

Those points, in December, were used by the commission to deny Braddock Construction’s request. On Thursday, those points were again noted — by both sides — of a controversial plan that pits longtime homeowners and land preservationists against a local business with eyes toward investment and expansion.

Kristin and Dave Weimer, proprietors of Braddock Construction, want the county to grant their request regarding the 104-acre parcel known as the Miller Bottom Industrial Complex. The land is located about one mile north of Midland, one mile south of the Mountain View Landfill and two miles south of Interstate 68. The Weimers have proposed to relocate their company’s Clarysville headquarters to the location. In addition, they want to build an eco-friendly hot-mix asphalt plant and a rubble-clearing landfill.

Engineer Matt Brewer of Brewer, Bennett & Associates argued again, just as he had on multiple occasions last fall, that no one had disputed the elements to a change in the character of the neighborhood existed. Brewer pointed out the construction of Interstate 68, the upgrade to state Route 36, the availability of public water and the close proximity of public sewer lines, located about one-half mile south of the property. The construction of the landfill also helped change the landscape from an agricultural to urban.

“We now have all the elements for urban development for Smart Growth planning,” Brewer told the commissioners, acting County Administrator David Eberly and County Attorney Bill Rudd.

He said Smart Growth principles encourage taking advantage of utilities, the transportation system “and the land that’s already been disturbed. That’s the definition of Smart Growth.”

“The fact is this property, and the neighborhood, will never return to the rural character that once was,” Brewer said.

But Cumberland attorney Edward Crossland, who represents an unidentified number of local residents, said the applicant is looking at too large of a picture. The neighborhood, he said, largely consists of two active farms, a hayfield and about two dozen homes.

Crossland disputed Brewer’s description of the landfill being “just across the street” — it’s about a mile north of the 104 acres in question — and said homeowner Judith Miller, who owns and works an active farm adjacent to the property in question, once received recognition from former Gov. Bob Ehrlich for her conservation practices in converting former strip-mined land into an agricultural use.

“It exemplified what can occur with strip-mined property,” Crossland said.

Crossland also said the state Court of Special Appeals has ruled that the availability of public sewer and water lines alone does not justify a change of a neighborhood’s character.

Michael Scott Cohen, attorney for Braddock Construction, agreed.

“You have to consider them all collectively,” Cohen said of the changes to Route 36, I-68, the landfill and the water and sewer lines.

A handful of workers in or dependent upon the construction trade spoke in support of the rezoning request. A recent college graduate said he’d like to stay in the area but there aren’t any jobs. Allowing Braddock Construction to relocate and expand, he said, might allow him to do so.

Miller, the farm owner, spoke against the request. She was concerned about the dust and debris from Braddock Construction’s business activity and possible damage to nearby aquifers.

Part of Crossland’s testimony disputed the notion that at issue was, even in a small part, economic development. Crossland said there were plenty of places in Allegany County to which the Weimers could relocate their business.

Dave Weimer, however, disagreed. He said he spoke with Tim Carney of the Allegany County Department of Economic Development. Weimer said he was told there was no site to fit his requirements readily available at any of the county’s industrial parks.

Public comment will be accepted by the commissioners until 4 p.m. on April 9. They can uphold the Planning Commission’s denial of the request, they can reverse that decision or send the case back to the Planning Commission for further review. The first two options would leave either side with legal action as a last option to prevail.

Contact Kevin Spradlin at kspradlin@times-news.com.