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Town of Laytonsville - Building and Zoning
BOARD OF APPEALS Meeting Minutes for October 1, 2007
The regular meeting of the Laytonsville Board of Appeals was called to
order by Chair Jake Cecere at 7:30 p.m. in the Laytonsville Town Hall. In attendance
were Board Members: Francis Hewitt, Peter Stadler, Joseph Sladki, and Jim Ruspi. The
Board Secretary
Nadine Tarwater, Mr. Michael Fraley, President, Sun quest, Inc., Four Seasons Sunrooms, Ms. Sheree
Wenger, Ms. Jill Ruspi, Ms. Phyllis Sterling, the current owner of the property located
at 21516 Laytonsville Road, Mr. Jim Gutenberg , the Mayor, Charles Oland, and
several area residents were also present.
Chair Cecere asked if the Board Members had read the minutes of the
August 6, and September 10, 2007, meetings, and if there were any additions or
corrections. No additions or corrections were presented. After a motion to
accept the minutes and a second to the motion, the minutes were unanimously
accepted.
Hearing
Chair Cecere opened the hearing for a Special Exception application
submitted by Michael Fraley, President, Sunquest, Inc., Four Seasons Sunrooms,
for the property located at 21516 Laytonsville Road, Laytonsville, Maryland.
The Special Exception application requests a special exception to the Zoning
Ordinance uses (Section 111.03): a commercial establishment devoted to sales,
trade and/or merchandising be granted from the Town's Board of Appeals for the
operation of a Four Seasons Sunroom commercial establishment.
Mr. Michael Fraley
explained the application to the Board.
Chair Cecere asked if there were any conflict of interest issues
regarding this property and the Members of the Board. There were none.
Exhibit 1 was
reviewed; Plat Survey and copy of Zoning Ordinance.
Member Ruspi asked for clarification regarding the number of customer
vehicles which
would be present during the average work week. Mr. Fraley had provided an
educated guest based on his current location. Discussion followed regarding number of parking
spaces for customers as well as employees; necessary marking of spaces
including handicapped; ease of access for commercial vehicles, including time
of day of deliveries and number of deliveries.
Member Stadler requested confirmation that the commercial vehicle
deliveries would not be made before 7:00 a.m. or late in the evening which
could cause an inconvenience to the residential homes surrounding the commercial
property. Mr. Fraley confirmed that the normal hours of the business' operation
would be
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Monday through Friday from 9:00 a.m. - 5:00 p.m. and Saturdays, 9:00
a.m. -1:00
p.m.
Chair Cecere asked for an update regarding changes to be considered for
the front of
the property and use of extended space. Mr. Fraley indicated that he is currently working
with the Historic District Commission on possible suggestions for changes to the
front of the building. Chair Cecere requested clarification regarding the type of
material to be used to pave the back access of the property. Mr. Fraley
confirmed that it would be concrete or asphalt as opposed to gravel.
Member Ruspi requested information regarding types of lighting to be
used around
the building. There was a concern that the security lighting might be an inconvenience to the
residential neighbors.
Chair Cecere asked
for testimony from interested parties.
Mayor Oland: The lighting needs to be verified, and the parking area
and exit accessibility to the road needs to be considered due to the
possibility of potential accidents.
Phyllis Sterling (21401 South Montgomery Street): Parking ordinance
which restricts number of off street parking spaces as well as number of square
footage allowed
for parking spaces when a commercial building is constructed, reconstructed or alteration.
If this ordinance is applicable to this situation, the Board should take
appropriate action. Ms. Sterling also had a concern regarding the continued use of
a commercial warehouse which is not in conformity to the town's historic
master plan.
Ray Varkalis (21520 Laytonsville Road): Mr. Varkalis had concerns
regarding the number of vehicles to be stored behind the building as well as
the positioning of the garage doors. Currently, there is a small group of trees
along the property line of the commercial and residential properties; however,
this does not provide a dense or stable amount of privacy. Mr. Varkalis was
also concerned regarding the possibility of late night deliveries and the
potential of commercial vehicle drivers spending the night in their trucks and
the noise factor. Mr. Fraley indicated that this would not be a normal occurrence, and
the delivery companies with which he transacted his business were flexible to any
types of restrictions he may need to follow. Member Sladki asked if a wooden
privacy fence could be erected between the two properties. Clarification was
provided by Ms. Wenger, Chair of the Historic District Commission (HDC), that
the current HOC guidelines precluded the erection offences higher than 3 feet. Any
type offence would need to be approved by the HDC.
Sheree Wenger (6715 Maple Knoll Drive): Confirmed that Mr. Fraley has
met with the HDC and is currently discussing his plans for the changes to the
commercial property. Ms. Wenger informed the Board that in Mr. Fraley's
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dealings with the HDC, he has demonstrated a great respect for the town
and a strong willingness to comply with the town's guidelines.
Member Sladki asked if the HDC had approved any of Mr. Fraley's plans
for the property. Ms. Wenger reaffirmed that there was an ongoing discussion
and suggestions have been shared between the HDC and Mr. Fraley. Chair Cecere
asked if this would also include the addition of lighting fixtures. Ms. Wenger confirmed that this
would also be reviewed by the HDC.
David and Margaret Pollock, 21517 Laytonsville Road: Chair Cecere
requested Member
Hewitt to read into the minutes a letter from Mr. and Mrs. Pollock, which was
hand delivered to the Town Hall, requesting that the Board record their opposition to a
special exception being granted as it is in their view that the parcel of land at 21516
Laytonsville Road should be put to residential use only, in keeping with the
residential character of this area of the Laytonsville historic district.
A motion to close the hearing was put forth and seconded with no
opposition. The heading ended at 8:23 p.m.
The Board discussed the number of years which should be accorded to
this restriction. It was felt by the majority of the Board Members that the time
limit on the restriction should be increased to 4 or 5 years since Mr. Fraley
would need time to make the proposed changes to the property. After the initial
5-year period, the exception would revert to a 2 year restriction. The Board
also confirmed that the exception was to cover the proposed commercial usage of the
building and not any addition which may be foreseen in the future.
The following
contingencies were entered into the record:
•
A parking plan is to be submitted in conjunction with the county in
compliance with the county's zoning restrictions including a recommendation for
a description of signage regarding backing out of Route 108 (in accordance with
the HDC's guidelines), safety issues, egress and ingress.
•
Restriction: no overnight parking of tractor trailer delivery trucks;
detailed hours of operation as per Mr. Fraley's application Mondays-Fridays
(9:00 a.m. - 5:00 p.m.); Saturdays (9:00 a.m. - 1:00 p.m.).
•
Tree screening along rear of the property in addition to what is currently
there including
line of commercial property and residential home on the right.
•
No flood lights going on to neighbors' property - motion lights properly
position so
as not to disturb residential neighbors.
•
Doors for commercial use to be located either at back of property or on commercial side of
property; not facing residential neighbors.
A motion was put forth and seconded to extend the time limit for the
restriction to an initial 5 years followed by 2 year extensions. If the
property is sold during this period,
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the exception would be lifted. Chair
Cecere, Board Members Hewitt, Stadler and Sladki voted in favor of the motion, Board
Member Ruspi was opposed.
These conditions are to be brought before the Board at the meeting
scheduled for December 3, 2007.
The code regarding special exceptions requires that the special
exception must be in full operation within 18 months from the day it is authorized
or else it expires. The 18 month period will not commence until the full
granting of the special exception including the conditions mentioned above are met.
Old Business
Chair Cecere asked if there was any old business. None was presented. Adjourn
There being no further business, Chair Cecere put forth a motion to
adjourn the meeting; the motion was seconded and accepted by all Board
Members. The meeting adjourned at approximately 9:00 p.m.
ly Submitted
Nadine
Tarwater
