Cumberland Times-News

Local News

June 20, 2013

Garrett County judge overturns mini-marina decisions

OAKLAND — Garrett County Circuit Court Judge Jim Sherbin has ruled that a zoning amendment made by the county commission regarding Lakeside Commercial Property, LLC’s mini-marina was defective and of no legal effect. Sherbin also ordered that the decision of the county’s Board of Zoning Appeals be reversed.

On June 5, 2012, the county commissioners voted to make amendments to the Deep Creek Watershed Zoning ordinance to allow Bill Meagher, owner of Lakeside Creamery, to have a marina that doesn’t offer the services associated with it. The amendments to the ordinance contained a notation that the minimum land area remain the same as currently specified at 10,000 square feet, according to a hearing memorandum provided by Greg Skidmore of Skidmore, Alderson and Duncan of Oakland, who is representing local marinas.

Following a previous hearing regarding the mini-marina, the commissioners learned that there was ambiguous language in the Deep Creek Watershed Zoning ordinance relating to the findings of fact. The commissioners followed the Department of Planning and Land Development recommendation to rectify the conflict so that it was consistent with Land Use Article 66B. The commissioners approved the amendment to the ordinance during a January meeting. More than two weeks after the amendment was made to the ordinance, the required findings of fact were made. A mandate requires that the commissioners make findings of fact before enacting an amendment, according to Sherbin’s opinion and order.

“Such a disclosure was clearly required by the ordinance and Maryland law so as to make the amendment process fair and reasonable,” said Skidmore during a hearing in May.

 During the hearing, Skidmore requested that Meagher repeat the zoning process.

John Nelson, director of the Department of Planning and Land Development, declined to comment on how the court’s decision could affect Lakeside Commercial Property, LLC, noting that Meagher could appeal the decision.

A boat rental permit was issued by the Board of Zoning Appeals on June 11, 2012, to Meagher. St. Moritz Properties LLC, Bill’s Marine Service Inc. and Silver Tree Marine LLC appealed the issuance of the permit. The Board of Zoning Appeals denied the appeal and upheld the issuance of the permit.

Meagher’s plan was to offer 12 personal watercrafts and four pontoon boats as rentals as well as guided tours. He would use existing local marinas for related services. 

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

1
Text Only
Local News
  • BOSTON PERSEVERES Solemn tributes mark one-year anniversary of marathon attack

    Survivors, first responders and relatives of those killed in the Boston Marathon bombing marked the anniversary Tuesday with tributes that combined sorrow over the loss of innocent victims with pride over the city’s resilience in the face of a terror attack.

    April 15, 2014 1 Photo

  • Two offers for former Footer Dye Works site

    Canal Place Preservation and Development Authority officials announced Tuesday that two proposals have been received for the development of the Footer Dye Works building.

    April 15, 2014

  • Legislation strengthens prison guard investigations

    Legislative efforts to improve prison security were overshadowed this year by marijuana and minimum wage bills, but supporters say they will help prevent another high-profile scandal like the Black Guerrilla Family case at the Baltimore City Detention Center.

    April 15, 2014

  • Maryland simplifies rules for domestic violence victims seeking issuance of protective orders

    People seeking protective orders for domestic violence should have an easier time proving the case for issuing an order after Gov. Martin O’Malley signed a bill into law that changes the standard of proof used in court.

    April 15, 2014

  • Mineral County students return to class Aug. 14

    The first bell of Mineral County’s 2014-2015 school year will ring on Aug. 14. That’s if the West Virginia Department of Education approves a calendar voted on by school system employees and approved unanimously by the Board of Education on Tuesday night.

    April 15, 2014

  • Talk with Tennant Talk with Tennant

    April 15, 2014 1 Photo

  • PSC investigating five energy suppliers over high bill claims

    Winter electric bills hit many consumers hard, but most complaints to the Maryland Public Service Commission involved so-called variable rate contracts. While the contracts can result in savings, they can also hit consumers hard during times of high electrical demand.

    April 15, 2014

  • Cottontail sale Cottontail sale

    April 15, 2014 1 Photo

  • Latest warrant sweep results in 33 arrests

    The Cumberland Police Department’s Safe Streets latest warrant initiative resulted in 33 arrests last week with 36 warrants served.

    April 15, 2014

  • DANIEL RADKO Radko candidate for Mineral County Board of Education

    I am running for the Mineral County Board of Education. My goal is to continue to help students reach their potential. I have lived and worked my adult life in Mineral County as a special education teacher. My wife, Susan, is a community services manager in Mineral and Hampshire counties for the Department of Health and Human Services. We have two children; son Sean teaches social studies at Keyser High School and daughter Dr. Lindsay Knuth is an audiologist in Charlotte, N.C. We have a grandson Aidan who attends Keyser Primary School.

    April 15, 2014 1 Photo