Published: November 04, 2009 11:45 pm      

Board dismisses request to timber land in LaVale

Woman again fails to show for public hearing on matter

CUMBERLAND — Marty O’Toole was prepared to tell the Board of Zoning Appeals for Allegany County he was against an application that would permit timbering near Ashleigh Heights subdivision in LaVale.

Turns out, he didn’t have to.

The three-member panel dismissed the application for a special exemption to cut 25 acres of the 61.7-acre parcel when the applicant, Western Maryland Lumber Inc. and Isabelle Lucas, a representative of the late Margaret Lucas, failed to show for the public hearing on Wednesday at the County Office Complex. It was the second no-show for Isabelle Lucas in 11 months.

“The application is going to be dismissed,” said Wes McKee, attorney for the Board of Zoning Appeals. “We know there have been issues” over who, exactly, owns the property. The property is located near Butler Drive off Cash Valley Road.

At McKee’s suggestion, board members set a stipulation should Lucas attempt to file the application a third time. Lucas will be required to bring documentation verifying the land has a clear title and Lucas is the owner.

“If so, we’ll go ahead and accept the application,” McKee said. “I think it’s unfair to continue to file this. This is the second time we’ve had a roomful of people ... next time, we’ll know they’ll be able to go forward.”

Jim Squires, permits division chief within the Allegany County Department of Community Services, said the condition was “very acceptable” to him.

Western Maryland Lumber Inc. has a post office box in Lonaconing, according to information Lucas provided on the land use permit application. A female who answered the phone there said the office was closed. When the Times-News attempted an alternate number on the application, an automated message indicated Lucas was “not reachable.”

It might not be Lucas’ land to harvest. Cumberland attorney Dustin Davis, of the firm Wilkinson Davis on Washington Street, said he represented John K. Snyder. Snyder is the son of Jane Lucas — one of eight people to whom the 61.7 acres was deeded after Margaret Lucas died.

“At this point, my client is opposed to the timbering,” said Davis, who was present at the meeting along with nearly two dozen others.

Davis said Snyder never had been informed of the application to harvest the timber and “he certainly hasn’t given consent” on property that could be part his.

O’Toole, a local real estate broker and a resident of the Ashleigh Heights subdivision, submitted documentation to Squires and the Board of Zoning Appeals noting his opposition to the application. At full build-out, Ashleigh Heights will include up to 75 luxury homes.

“The present developers purchased (a parcel) across Cash Valley Road from the entrance to (Ashleigh) Heights Estates to maintain the ‘pristine’ look of the subdivision,” O’Toole said in the testimony submitted. “As a real estate broker and a homeowner in (the subdivision), I strongly oppose any timbering (or) forest harvest on the property known as the ‘Lucas property’ (in) LaVale.”

Also on Wednesday, the board members voted 3-0 to approve a request for a special exception for a Frostburg area woman to turn her two-car garage into a boarding kennel for dogs.

Tracey Brotemarkle of Vale Summit Road said she intended to install up to 10 kennels in the existing single-story structure, which sits detached from her home on nearly 10 acres. No one spoke against the request.

“It’s not a hindrance upon anybody,” said Powell, a longtime board member.

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