Town of Trappe, MD Planning Commission
Meeting Minutes
Planning Commission Meeting Minutes
May 18, 2005
7:30 pm.
Trappe Town Hall
The regular Planning and Zoning Commission meeting was opened
by Chairperson Edgar Harrison at 7:34 p.m. Planning Commission
members present were Mr. Bobby Quidas, Mr. Jerry Adams, Mr.
Don English and Mr. Don Haring. Town Planner, Frank Hall, and
Assistant Town Attorney, Brynja Booth, were also present.
Mr. Harrison asked for a motion to approve the minutes. Motion
was made by Mr. English to approve the minutes. Motion was
seconded by Mr. Quidas.
PERMITS ISSUED:
- T-15-05 – Chad Everett – 3738 Marvel Drive –
Shed 12 x 20
- T-16-05 - Walter Brown – 3779 Hirst Avenue -
Shed 12 x 20
- T-17-05 - Michael Sussan – 3828 Marvel Drive – Deck
- T-18-05 - Howard Halbig, Jr. – 3778 Marvel Drive –
Window
PERMITS PENDING AND ZONING ISSUES:
OLD BUSINESS:
Highway Commercial Mixed Use – Floating Zone:
Mr. Hall stated that everyone was happy with the draft Highway
Commercial Mixed Use District at the last meeting, with the
exception of one issue which Planning Commission had requested
legal advice. Mr. Hall reminded the Planning Commission that
it had asked him to inquire from the Town Attorneys whether the
Ordinance should be drafted to require that in any building
which is leased for a combination of commercial space and
residential space, whether the Town could require that the
landlord obtain prior approval from the commercial tenant before
leasing the upstairs portion to residential tenants. Attorney
Booth advised that there are a lot of legal issues if the Town
attempts to legislate the identity of occupants. If the Town
makes the decision to permit apartments and residential uses,
it cannot legislate who gets to rent those spaces. There are
equal protection issues, and Attorney Booth advised that this
is not an issue that she and Mr. Thompson are comfortable
having the Town legislate. The Town should not get involved in
who a landlord should rent to.
Mr. Harrison explained that what the Planning Commission was
trying to establish is that if someone rented a building, it
would be for the whole unit, making one tenant lease the entire
building. The tenant could sub-lease the apartment upstairs
if he desired designating the retail licensee to be in control
of the upstairs. We are trying to keep the entire building as
single use.
Mr. Haring explained that if you leased the building to me, I
would be the primary lease holder and I could lease out the
upstairs to whoever I wanted for storage, or to sublet out as
an apartment. This would be owner occupied.
Mr. Harrison stated that what we are looking at is one planned
development on the Bremer property that is going to be 80% of
what we are talking about in this zone. Problems that Mr.
Haring speaks of are very real problems but I don’t think they
are likely to manifest themselves in that environment, but I
would like to have something in place to be safe. Attorney
Booth advised that the Town cannot legally involve itself in
private tenancy issues between a landlord and tenant. If the
Town refuses to permit second story apartments over commercial
space, the Town will be encouraging single story units. Mr.
Harrison stated that he does not believe that the Town wants
to encourage single commercial structures on the Highway.
Everyone agreed they did not want just single story in the
commercial area. Mr. Adams either we are going to have 2nd or
3rd story.
Attorney Booth advised that the Town needs to make a decision
whether it wants to permit apartments in this district. If
the Town decides that it wants to permit residential uses, it
cannot legislate who the landlord leases to. The Town must
address the concerns raised in this discussion with property
maintenance codes, civil infractions, design guidelines, etc.
The Planning Commission continued to discuss whether it wanted
apartments in this District. Mr. Adams asked Mr. Hall to
give his reasons for his opinion.
Mr. Hall stated that from a planning perspective, it was
appropriate to have apartments above the businesses.
Ms. Elizabeth Ferguson noted that when they took the trip to
Kentland’s, the stores with apartments above were more poplar
and they increased in value more than any of the other
residences. Maybe we could call them and see just what they
have done. The discussion continued on owner occupied
properties for the town. Mr. Hall stated he will call
Kentland’s as Ms. Ferguson requested.
The discussion turned to the language in the draft legislation.
Mr. Adams suggested that the Planning Commission delete the
last sentence on page three section 40.02- 3-B. Mr. Harrison
are all in favor? All were in favor. Mr. Adams said opposing
reluctantly. Mr. Harrison asked whether the Commission wanted
to vote on tonight or wait until it is finished. Cheryl Lewis
asked what the draft’s current size restriction was for
apartments above commercial uses. Mr. Adams replied that
5,000 sq. ft. has to be commercial, and one residential
apartment is permitted above. There was general discussion that
5,000 square feet is a very large apartment. There was a
discussion on the size of the apartment above the commercial
being so large. Mr. Harrison stated that the Town Council will
revisit this restriction. The Planning Commission initially
started at 3,000 sq. ft. and moved to 5,000. Cheryl Lewis felt
it would be better to put minimum size on the apartments.
Mr. Adams stated that the size of the upstairs apartment should
be revisited before the draft legislation is sent to the Town
Council. The Planning Commission should revisit the issue since
it does not want to encourage single story commercial buildings
on the highway. Cheryl Lewis stated that there are proven and
positive reasons for having residential above commercial.
People will be there in commercial area when everything closed.
Mr. Harrison, we do not want to pass or amend the 5,000 sq ft.
limit, and then pass.
Mr. English said we have a meeting next week we could have
Mr. Hall write some scenarios and bring back the 3,000 sq. ft.
for next week and vote on it then.
Mr. Harrison we have all agreed in principal, but not in the
fine end of it, or how to do it.
Mr. Adams it is like having an absentee landlord, you now will
have same thing with commercial.
Cheryl Lewis suggested that you make the minimum size
apartments.
Motion by Mr. English to table and have Mr. Hall come back
with scenarios. Motion was seconded by Mr. Adams.
Mr. Adams can we just state that we agree on the rest of it.
All in favor of tabling the motion. All were in favor.
NEW BUSINESS:
RESOLUTION – Town of Trappe Water & Sewerage subsidiary
plan
Chairperson Harrison announced that the Town Council had
forwarded a copy of the Town of Trappe Water and Sewerage
Subsidiary Plan to the Planning Commission for their review.
Mr. Harrison stated that under state law, the Planning
Commission needed to certify that the Subsidiary Plan is
consistent with the Town’s Comprehensive Plan. The Assistant
Town Attorney was present to answer any questions.
Mr. Don Haring complimented everyone who worked on the
Subsidiary Plan, stating that he felt it was a very good plan,
and that a lot of time and consideration had gone into the
Plan to ensure its consistency with the Town’s Comprehensive
Plan. He believed that the Subsidiary Plan was consistent
with the Town Comprehensive Plan, that the Planning Commission
should recommend that the Town Council adopt the Subsidiary
Plan, and that the Town Council should send it to the County
for inclusion in the County Water and Sewer Plan. Edgar
Harrison noted that the Subsidiary Plan was based upon the
Town’s Comprehensive Plan. Mr. Haring noted that this
Subsidiary Plan was long overdue, and that the County’s Water
and Sewer Plan, as it related to the Town of Trappe, was out
of date.
Mr. Melvin Schwaninger asked whether the Subsidiary Plan
was for the new plant. Mr. Harrison replied that the
Subsidiary Plan was a planning document that would govern the
water and sewer planning for development of the entire Town
for the next twenty years. Mr. Schwaninger stated that he had
attended an MDE hearing where addition lagoon storage for the
Trappe East project was discussed. Mr. Harrison explained that
there is a 30 day holding and reserve included in this Plan.
Attorney Booth explained that all of the discharge issues and
engineering aspects of construction must be addressed and
approved by the MDE. Ms. Booth explained that the Subsidiary
Plan does not change any of the requirements imposed by MDE.
A Motion was made by Mr. English that the Planning Commission
certify that the Trappe Water and Sewerage Subsidiary Plan
is consistent with the Town’s Comprehensive Plan, and that
the Planning Commission recommend to the Town Council that
the Subsidiary Plan be adopted by the Town Council, and that
the Council forward the Subsidiary Plan to Talbot County for
inclusion as part of the County’s Water and Sewer Plan. The
motion was seconded by Mr. Haring.
Vote:
Quidas – Y, Adams – Y, Harrison – Y, Haring – Y, English – Y
Announcements:
- May 12, 2005 – Public Hearing – Brenda Tighe –
7:30 p.m.
- May 18, 2005 – Planning Meeting – 7:30 p.m.
- May 23, 2005 – Public Hearing & Special Meeting
7:00 p.m. - Town of Trappe Water & Sewer Subsidiary
Plan
- May 30, 2005 – Town office closed for Memorial Day
Mr. Harrison would like to congratulate Don English and
Cheryl Lewis as the new council members.
The meeting was adjourned at 8:10 p.m.
Respectfully submitted:
____________________
Joedy Cecil Town Clerk
___________________
Approved: Edgar Harrison
Chairperson
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