Cumberland Times-News

Local News

January 21, 2013

Commissioners expected to decide on Deep Creek watershed zoning amendments

Plans for proposed wind project to be reviewed

OAKLAND — The Garrett County commissioners will decide today whether or not to move forward with a planning commission’s recommendation to amend the Deep Creek Watershed Zoning Ordinance. During the recent circuit court hearing on Bill Meagher’s mini-marina, it was noted that there was a conflict in the ordinance and that some changes needed to be made.

“This conflict between the ordinance and the state statute was discovered during the current litigation involving the zoning text amendment for the boat rental service business approved earlier this year,” wrote John Nelson, director of Planning and Land Development, in a December letter to the commissioners. “The Planning Commission has concluded that the discrepancy should be rectified.”

The commissioners voted at the Jan. 8 meeting to hold the public comment period open and delay the decision until today.

 St. Moritz Properties LLC, Bill’s Marine Service Inc. and Silver Tree Marine LLC are suing the Garrett County Board of Zoning Appeals, county commissioners, Lakeside Commercial Properties LLC and William Meagher, owner of the Lakeside Creamery, in regard to previous amendments in the ordinance.

“Had the findings of fact been performed correctly and in a timely fashion, then the county would not be facing a lawsuit today,” wrote Carol Jacobs, president of Aquatic Center Inc. in a letter to the commissioners. “The findings of fact are required in every county in Maryland. If findings of fact had been performed prior to making a decision, in the mini-marina case, then the outcome might have been different.”

 One of the proposed changes to the amendments would require the commissioners to make findings of fact that include present and future transportation patterns on the highway in the area where the purpose and effect of the proposed amendment is to change the zoning classification.

“The transportation pattern and the carrying capacity of the lake should have been studied,” wrote Jacobs.  “The transportation pattern and accidents on Garrett Highway should have been evaluated. Public safety is now at risk.”

Aquatic Center Inc., Bills Marine Service Inc., Deep Creek Lake Enterprises Inc., Silver Tree Marine LLC and St. Moritz Properties LLC filed a petition for a judicial review of the county’s decision to amend text in the Deep Creek Watershed Zoning Ordinance for boat rentals. The mini-marina doesn’t offer any of the services associated with a marina. During a hearing in December in circuit court, Judge Jim Sherbin dismissed the judicial review. Also during the hearing a declaratory judgment and an administrative agency appeal were consolidated and a hearing was set for March 29.

Also on the agenda for today’s meeting, the Department of Planning and Land Development will hold a county review of concept and site development plan of the proposed Fourmile Ridge wind project in eastern Garrett County near Frostburg. Synergics has submitted both a concept plan and site development plan.

Both plans are part of the county’s stormwater management ordinance process, which requires three phases of submission.

On Jan. 14, Synergics Wind Energy LLC and Fourmile Wind Energy LLC filed a request for a waiver of a Certificate of Public Convenience and Necessity requirements for a tap line to serve the project, according to a Maryland Public Service Commission filing. Synergics is requesting the waiver be granted by April 1 to allow construction to begin immediately on the line.

Also on the agenda the Department of Public Utilities will provide a review of the western conveyance water and wastewater; approval of the Garrett County Hazard Mitigation Plan; and adoption of the Deep Creek Lake Shoreline Stabilization Projects Incentive Program policy.

The meeting will take place at 11 a.m. in Room 207 in the Courthouse.

Contact Elaine Blaisdell at eblaisdell@times-news.com.

1
Text Only
Local News
  • House of cards House of cards

    Sixth-graders James Patalinghug, left, and Nina Cutter build a multilevel tower out of index cards Tuesday afternoon at Washington Middle School. The activity was part of a science, technology, engineering, math, known as STEM, lesson designed to teach students about load distribution, friction and gravity.
     

    April 23, 2014 1 Photo

  • CORY ORNDORFF Green Spring man sentenced to 40 years for toddler’s death

    ROMNEY, W.Va. — Hampshire County Circuit Court Judge H. Charles Carl III sentenced 22-year-old Cory A. Orndorff of Green Spring to 40 years in prison for one count of child abuse resulting in the death of an 18-month-old child Wednesday morning.

    April 23, 2014 1 Photo

  • Glen Bell, a public information officer 900-acre Bear Den wildfire 70 percent contained

    CENTERVILLE, Pa. — A 900-acre wildfire on Wills Mountain in Bedford County was said Wednesday to be “the largest fire in Pennsylvania this spring season,” according to Cecile Stelter, Pennsylvania Bureau of Forestry public information officer.
    The fire that was reportedly situated mostly on state game lands began Saturday at about 2 p.m., with initial firefighting efforts handled by the Cumberland Valley Township Volunteer Fire Department at Centerville.

    April 23, 2014 1 Photo

  • System to provide firefighters quick access could be required in new Mineral businesses

    KEYSER, W.Va. — The Mineral County Commission agreed to look into the possibility of implementing an ordinance that would require new commercial businesses to install a KNOX-BOX Rapid Entry System.

    April 23, 2014

  • Puff & Stuff owners agree to settlement over claims they sold synthetic drugs

    CUMBERLAND — Charles and Traci Casey, owners of Puff & Stuff stores in Cumberland and LaVale, have agreed to forfeit $173,988.61, to settle claims that they sold synthetic drugs at their stores.

    April 23, 2014

  • Mall maulers

    Chad Trail, Rick Ryan, Mike Lawrence and Rusty Pyles, Cumberland Street Department employees, work on replacing the concrete strips that run between the bricks on the Downtown Cumberland Mall between Centre and Liberty streets.

    April 23, 2014

  • CHARLES  SEVERANCE W.Va. judge orders Severance extradited to Virginia

    WHEELING, W.Va. (AP) — A man wanted for questioning in relation to three unsolved slayings in Alexandria, Va., in the past decade should be extradited to Virginia on an unrelated weapons charge, a West Virginia judge ruled Wednesday.

    April 23, 2014 1 Photo

  • Keyser man faces charges in Easter incident

    KEYSER, W.Va. — Mineral County Prosecuting Attorney Jay Courrier is faced with deciding whether to charge a Keyser man with disturbing a religious worship.

    April 23, 2014

  • 43-year-old receives prison time for molesting his niece

    CUMBERLAND — A 43-year-old city man was sentenced Wednesday to a 10-year prison term for the sexual assault of a 5-year-old girl, according to the Office of the State’s Attorney for Allegany County.

    April 23, 2014

  • ISAAC SPONAUGLE Isaac Sponaugle seeking re-election to West Virginia House of Delegates

    FRANKLIN, W.Va. — Del. Isaac Sponaugle of Franklin announced recently that he will seek re-election to the West Virginia House of Delegates for the 55th District. Sponaugle will be seeking his second term as delegate after having been first elected in 2012.

    April 23, 2014 1 Photo