Carroll County, MD Carroll County Board of Zoning Appeals, 28 Jun 2022

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From YouTube: Board of Zoning Appeals June 28, 2022

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A

Call the bza meeting to order here this morning and our first order of business.

A

Is we have a request for an extension, um mr dixon, would you please read the.

A

Letter for a request of extension, all right uh may 25th 2020 2022 letter from clark, r schaefer.

B

On behalf of the above referenced applicant, please consider this letter a request for a.

B

One-Year extension of the decision in the above reference case since the decision, the applicant.

B

Has been diligently working to obtain the necessary governmental approvals to allow the use.

B

However, the following circumstances have delayed the completion of these tasks.

B

The carroll county health department required upgrades for the existing historical dwelling as.

B

Part of the building permit process. Furthermore, the carroll county health department would not.

B

Permit percolation testing based on a country in use at first, because the health department.

B

Was concerned, there was not enough usable land outside of the agricultural preservation, easement.

B

Which affects limited edges of the property for a septic system. This necessitated the the.

B

Applicant to apply for and appear before, the carroll county, agricultural advisory.

B

Board to secure approval for septic overlay on agricultural preservation, easement property.

B

Which approval was granted, however, it was then found that key staff within the health department.

B

Had an excessive workload and delayed further perk testing. So that's the reason.

B

Okay and that that case is the country inn and wedding venue um on old, bachmann valley, road.

A

A big brick house right down the street from you is that the one that's sat down in the bottom.

C

Of the valley- yes, okay, so that's that's just just to put a site um issue with the request.

A

So what what do we think guys.

A

And what was the? What was the requested time one year one year.

C

Have they had other changes? Other um requests for extensions? No, this.

B

Should be the first one, you're not you're, only allowed to one year and that's it so all right.

C

I don't see any reason why not I don't either okay I'll entertain a motion.

D

I move that in case. What are we talking about? It's uh case 6368. in case 6368? We.

D

Grant a one-year extension seconded okay, I have a second any further discussion on the motion.

A

All those in favor aye, all opposed no motion carries so we will go ahead and get ms vance to.

A

um Write them a letter and we've we've given them a one-year extension. Okay.

A

Oh I mean I didn't realize that was you back there very, very good.

A

Thank you very much. I appreciate it. Okay.

A

Okay, so our nine o'clock agenda item is uh case number 6397, um a request for conditional use of.

A

Installation of a 12 000 gallon petroleum storage tank, mr dixon, you want to go ahead.

A

And introduce the file for us, please all right case 6397, a request for conditional use for.

B

The installation of a 12 000 gallon petroleum storage tank the site, is located at 7 800 k, big.

B

Court woodbine maryland on property zone 12 or i2 heavy industrial district and election district 14.

B

By weak care, denali in care of jason brown, code of public local laws and ordinances, section 158.080.

B

158.082 and 158.157 a site visit is tentatively scheduled for wednesday june 15th at 22.

B

June 15 2022 at approximately 10 15 a.m and to file this matter. We have the following documents:.

B

Site minutes for the case, there is a response to joe vance's request to various state, local.

B

Agencies from thomas harris permits and inspections comments, a building permit is.

B

Required for the tank and supporting foundation and electrical permit is required for any.

B

Associated electrical work, there is a.

B

June 9 2022 letter from linda d, eisenberg secretary to the planning commission.

B

After having reviewed the information contained in the attached analysis, the facts as presented.

B

In the application, the relevant portions of the plan and in accordance with the land use.

B

Article this conditional use request if granted, is consistent with the policies. Timing of the.

B

Implementation of the plan, timing and development timing of rezoning development patterns.

B

Land uses and densities or intensities, there is a june 10 2022 memo from abigail rogers.

B

Planning technician the above reference bga case has been reviewed for consistency with.

B

The policies and recommendations contained in the 2014 carroll county master plan.

B

As amended in 2019, the carroll county, water and sewer master plan and other functional plans.

B

The staff finding is that this request is consistent with the 2014 carroll county master.

B

Plan as amended in 2019 and would not have an adverse effect on the current use of the property.

B

Hearing notice, if it was posted in the newspaper.

B

Looks like june that can't be right.

B

All right, I'm not sure what the date is on this, because I don't see it here.

B

I'll skip that all right, there's a response to joe vance's request to various state and local.

B

Agencies from j.p smith, jr program manager, ag land preservation, program, j.p smith, jr,.

B

Ag preservation program manager no comments at this time. This property is not in ag preservation.

B

There is a response to joe vance's request from janet o'meara bureau.

B

Chief resource management and for comments, it has no comments.

B

There's a response to joe vance's request to various state and local.

B

Agencies from laura matheus bureau chief development review comments, a site plan.

B

Shall be processed through the bureau of development review for chapter 155.

B

There's a response to joe vance's request to various state and local agencies from j.

B

Voigt zoning administrator comments, uh no comments.

B

Hearing notice was posted.

B

May 31st 2022 by scott robinson zoning inspector.

B

And then there's this conditional use for.

B

Installation of twelve thousand gallon above ground petroleum storage, tank.

B

See I see april 21st 2022 letter from j voigt to well to whom it may concern the property.

B

Located at 7 800 kbit court would buy, maryland is zoned i2 heavy industrial at this location.

B

We care denali compost, yard waste and woody materials, while also blending soils. This is a.

B

Principle permitted use in the i2 zoning district as defined in the carroll county. Zoning ordinance.

B

I see a few uh documents from ast installation.

B

I guess about the storage tank. I would ask that the file be entered into evidence.

B

So moved seconded, okay, all in favor of entering the following evidence, say: aye aye all opposed no.

A

We'll enter the file into evidence um before we get started this morning. um If you haven't signed.

A

In on the sign in sheet on the side, please do that before you leave today um make sure that.

A

When you leave you leave by the same door as what you did, so you can turn your temporary badges in.

A

If you plan on testifying here today, could you go ahead and.

A

Please stand and raise your right hand and take the oath.

A

Do you swear, do you raise your right hand, do you swear or firm under penalties of perjury the.

A

Testimony you're about to give is the truth, the whole truth and nothing but the truth.

A

Sir, very good, you can go ahead and come to the microphone.

E

Yeah right up here have a seat.

A

State your name address and occupation and spell for the record your last name.

F

Name is jason brown brown like the color, but with an e at the end.

F

I'm with uh we care denali uh business address is 7800 cabot court woodbine maryland.

A

Okay, so we're here, you can go ahead and present your your cases as far as um what your request is.

A

For and and and why sure, uh we're just trying to update our systems, I think this uh new tank will.

F

Be safer um will be, is more, it's gonna have a fuel management system on it. It's going to have more.

F

Safety barriers around it more a harder foundation and just updating an antiquated system currently.

F

So I think it'll be better for the long run for everyone, and now I'm just curious wh. Why are you.

A

Even here in case there was questions, but no no, no, why? Why did this come before the board of zoning.

A

Appeals because it's over ten thousand gallon, I wish mr voight was here to answer that question.

F

I I couldn't tell you, I'm actually uh the fuel company that we use carol- fuel they're, the ones.

F

Installing it um so they're managing the process for us, because they're the experts on this, they do.

F

This for a lot of people, so I was I'm personally here just in case there was any questions or or.

F

Any feedback, and do you know if you need variances from any of the the request, is just for a.

A

Conditional use of installation of a 12 000 gallon petroleum tank, it doesn't say anything about.

A

Variances of distances to other properties, do you know if there are any? I don't believe so from the.

F

Conversations I've had, we just need to be 100 feet off the property line which we are planning.

F

On that, because we have a drive aisle for both both sides of the tank, which will give us plenty.

F

Of space, so um I just thought this was part of the process in general. Okay, and I was just wondering.

A

What triggered you to come here, sure and, and I didn't know whether it was gownage and and I see.

A

There is no request for variants from neighboring property lines, because that's what we get into a.

A

Lot of times with fuel storage tanks- and this will be for diesel fuel on road diesel fuel.

F

On and off-road diesel, so half the tank will be for on-road the other half for off-road okay.

F

So I have a question: go ahead. You mentioned, sir, that you have. This is a replacement tank yeah.

F

So we we currently have like uh the above ground like a a couple of 1 000 gallon tanks and a 2 000.

F

Gallon tank, so this is to consolidate everything and then better safety. It measures around it. This.

F

Was a system that we, when we purchased the company this was in place and our company has a lot higher.

F

Standards so we've been working on this for about a year, will the replacement will the old tanks be.

C

Removed, yes, sir, it will be removed. Okay, thank you and they're presently above ground, and this.

A

Will be underground no they're presently above ground, and the new system is above ground as well.

A

Also, but of course, you got to go by all the regulations with the containment and everything.

A

Else, so that's that's. That's not our purview. No and again, that's one reason why we're leaning.

F

On our fuel vendor they're they're the experts on this, they they implement these in a lot of.

F

Different locations for different companies, so we we let the experts handle it for us.

A

Any other questions, no any summation comments. Thank you for your time and your consideration.

A

Sir, are you any comments to make chief of solid waste gotcha we're the.

G

Landlord for their operation, we're just here in support of it and.

G

To answer any questions and there's there's no opposition; okay, very good! Thank you. Okay, guys.

A

Hearing a record of this case is now closed in accordance with the.

A

Open meetings act of maryland, the board will now consider the case.

C

No objection: I don't really know that, there's anything to consider yeah. It's clearly not.

H

Going to have any adverse effects- um yeah it it is in the industrial zone. I mean it's.

A

um It's actually improving the safety considerations yeah, it's actually a benefit.

C

Yep, okay, guys I'll entertain a motion. I've moved that the board uh approved the request.

C

In case number, 6397 for the installation of the 12 000 gallon petroleum storage, tank.

A

Do I have a second a second okay, any further discussion on the motion.

A

Seeing none all in favor, aye aye, all opposed no motion carries. Our oral decision will become.

A

Final upon a written decision which will be issued within 30 days unless.

A

Otherwise, extended by this board, the board's decision may be appealed by filing a petition.

A

For judiciary review with the clerk of the circuit court for carroll county in accordance.

A

With the provisions of chapter 200, title vii of the maryland rules of procedure.

A

The appeal must be filed within 30 days of the date of the board's written decision.

A

Thank you very much and this hearing is adjourned and we will be back at 10 30.

A

We call the bza meeting to order a couple of housekeeping details. If you haven't signed in.

A

On the sheet for this case on the clipboard on the side, make sure you do that before the.

A

Before you leave and when you leave today, please leave by the same door as you came in, so that you.

A

Can turn your badges in so they're, not looking for you later in the day? Okay,.

A

With that, mr dixon, would you go ahead and introduce the file we have before us a request.

A

For conditional use for commercial counter kennel for more than 10 dogs and distance variances.

B

Okay case 6401 a request for conditional use for a commercial kennel for more than 10 dogs.

B

And distance variances the site is located at 2331 braddock road, mount airy, maryland on property zone.

B

A agricultural district and election district 9 by dustin moser of public local laws and ordinances.

B

Sections 158.070 e, 1i and 158.04 or a site visit, is tentatively scheduled for wednesday june 15.

B

2022 at approximately 9 45 am and file this matter. We have the following documents:.

B

There's a response to joe vance's request to various state and local agencies from thomas.

B

Harris thomas harris permits and inspections uh comments, any new structures will require.

B

Permits any areas open to the public shall comply with the maryland accessibility code.

B

There is a response to joe vance's request to various state local agencies from.

B

Abigail rogers, she is a.

B

Planning technician: there's a june 10 2022 memo. It.

B

States the above reference bza case has been reviewed for consistency.

B

With the policies and recommendations contained in the 2014 carroll county master plan, as.

B

Amended in 2019, the carroll county, water and sewer master plan and other functional plans.

B

The staff finding is that this request is consistent with the 2014 carroll county master.

B

Plan as amended in 2019 and would not have an adverse effect on the current use of the property.

B

There is a june 9 2022 letter from linda d eisenberg to the board after having reviewed the.

B

Information contained in the attached analysis the facts as presented in the application, the relevant.

B

Portions of the plan, and in accordance with this provision, set forth in the land use.

B

Article this conditional use request if granted, is consistent with the policies.

B

Timing of the implementation of the plan, timing and development timing of rezoning develop.

B

Development patterns, land uses and densities or intensities.

B

Notice, a public hearing for this case see I see.

B

A a plan from jnm engineering, llc.

B

There is a response to joe vance's request to various state and local.

B

Agencies from matt shipley carroll, county environmental health department.

B

Proposed use may not be acceptable unless it is demonstrated that there is an adequate water.

B

Supply and adequate area for the installation of an initial and two replacement septic systems.

B

For the proposed use and any existing uses of this property.

B

There there is a response from dawn, kenneth of the humane society, animal control, officer, dispatch.

B

um And her comments is no comment.

B

There is a response to joe vance's request from j.p smith junior program manager ag.

B

Land preservation program: this comment no comments at this time. This property is not in.

B

Ag preservation: there is a response from janet o'meara bureau, chief resource management to.

B

Joe vance's request to various state and local agencies and comments is no comments.

B

There is a response to joe vance's request of a state and local agencies from laura matheus bureau.

B

Chief development review comments, a site plan shall be processed in accordance with chapter 155.

B

There is a response to joe vance's request from j voigt zoning administrator comments. No comment.

B

Hearing notice was posted, may 31st 2022 by inspector scott robinson.

B

Joe van sent a request of area state and local agencies may 26 2022.

B

And then there's this conditional use for commercial camel for more than 10 dogs.

B

And at the end, there's another plan from jnm engineering, llc.

B

I would ask that the file be entered into evidence, so moved seconded okay, it's been moved in second.

A

Seconded uh to move the following evidence, all those in favor aye all right, who's, no.

A

We will move the file into evidence looking in the audience, it doesn't appear that any of you.

A

Have been before the board of zoning appeals before so, let me enter. Let me let me try to.

A

Explain the process that we're going to have this this morning, the applicant mr moser, will have his.

A

Op the opportunity to present his case and after uh he he gives his testimony and any witnesses.

A

That he may call you all in the audience will have the opportunity to ask questions of their.

A

Testimony not to give your own testimony at that point, but ask questions of their of.

A

Their testimony, the board members, will have the opportunity to do the same.

A

And then, after they've presented their case, anyone from the the public can go to the microphone.

A

And at that point you can give your own testimony and again board members, and mr moser will have the.

A

Opportunity to ask questions of your testimony. Only there'll be some ancient comments and then.

A

The the board will determine the case. So if you are plan on testifying here today,.

A

Could you please stand and raise your right hand, and so you can remain seated I'll. Can you.

A

Okay, so could you please stand and raise your right hand if you're going to testify today.

A

Do you swear or affirm, under the penalties of perjury, that the testimony you were about.

A

To give is the truth, the whole truth and nothing, but the truth.

A

Very good, you can be seated, mr moser, uh could you go ahead and come to the the table there, where the.

A

Microphone is and um before anyone speaks, make sure that you state your name address occupation.

A

And spell for the record your last name: okay, mr moser,.

A

So you're here you're here today.

A

Requesting conditional use for commercial kennel for more than 10 dogs and distance.

A

Variances, can you explain what you plan on doing and why you need the variances.

I

God, I'm so nervous, I don't even know uh we're. We have six dogs already. So um you know in the kennel.

I

That we built it's attached to our home in the garage and we can fit maybe eight to ten dogs. So.

I

I included like r6 in that total, so um just want to have like a boarding kennel for overnight stays.

I

um And you know we have a fenced yard and everything and.

I

uh I don't I don't know what else so you presently have six dogs of your own. I just want to get this.

I

Straight, yes and you, you want to be able to board dogs overnight for a week for vacation stays or.

I

Going on vacation correct, yes, yeah, eight to ten, we can fit in the kennel area. Our dogs stay in.

I

The house inside so they won't be a part of like the inside kennel, but it is attached to the house.

I

Like we closed in completely and the garage doors are off now and they siding and everything so.

I

um The dogs will be it's attached to our home, so it's not like a separate building. We don't.

I

Have any other buildings to put dogs or anything so that's kind of why it was 10 or more because.

I

Of the six I just added as a part of how many were going to be on the property, so.

A

Okay, any other description of what you want to do.

A

Is, oh, I think that's it. I mean not like a doggy daycare or anything. It's just.

I

Overnight stays only um like, I said, eight to ten dogs, possibly that we could get in there and.

I

I don't I don't know what else that's kind of like what what I was planning. Okay, so so with that does.

A

Anyone in the audience have any questions of of um mr moser's. Testimony go go to the microphone roger.

J

Black last name, blackk 23-23 braddock, wrote um I'm behind and just corner lot about. Yours.

J

Noise is a concern um we didn't know, you have six dogs right, we did see that and I say we I.

J

Did see that you closed the garage off so there's no other structure being necessary.

J

How long would dogs multiple dogs be outside in your fenced-in property.

J

Well, we would be monitoring them, so if we it's not they're not going to.

I

Be left outside by themselves, you know for responsibility of.

I

If one escaped or something we need to be aware of it, so yeah, I I don't know exactly because I.

I

Don't have a lot of experience, but they won't be left alone outside. That's that's like not.

I

I don't know if we can. Even you know, allow that if they got a fight or if they were being obnoxious.

I

You know you have to bring them back back inside. Obviously so um do you have to be licensed.

I

To have a commercial kennel, I mean just this license, but not does the county require.

J

Any kind of you know.

J

And maybe more so, for the commissioner's distance variance? What does that.

J

Entail uh it's that it's set back? um What is the requirement and what.

H

Yeah I haven't seen the file and I don't mean to interrupt you, mr black, but can you look that up.

A

um Mr voight jay boyd is in the back of the room and he is our zoning administrator and.

A

He can answer the one question that you had there's a question I believe raised. If there.

K

Was any other license required other than this hearing conditional use a humane society for.

K

Commercial kennels require licensing through the maine society, but that would have to be.

J

A no done license every every business in the state of maryland needs eight billion.

I

I have that yeah gotcha. I started that for my own dogs, since I breed those dogs too,.

A

Boyd, what is the setback requirement for a kennel.

K

If it's a kennel for more than 10 dogs, it's twice the section.

K

158 040, which is 200 feet, so in this case it would be 400 feet.

K

If the kennels for more than 10 dogs and what's the distance from the structure to the property.

J

I guess oh you're, his uh property is closest.

J

I mean I have to um just you can testify after he's finished, but if you can't answer that.

A

Question yeah, I don't know just just say it, I don't know, and we do have something in the file.

A

Here about the the setbacks that should clarify that question, mr black, um in the statement of it.

J

Or evidence presented referenced, two septic systems.

A

That's that's a carroll county health department.

A

I guess rule or law for uh for this type of use, no for the for the residents.

J

I am not following because the resident's size requires two: no every that's what what.

A

What mr dixon read is standard language that, as long as it doesn't interfere with the septic and.

A

An area for two reserves in case the initial subject fails and that, and that has nothing.

A

To do with the dogs that has to do with the residents, sir, I'm I'm not giving testimony! No! No! I.

A

I I understand questions and and because there's no additional structure being built, there's no.

J

Impingement on the existing septic, I presume how about disposal of dog waste right.

I

um I mean that's, I don't know right now I mean I have to figure that out. It's a concern. I mean.

J

I mean six dogs, I I wasn't aware you had six dogs, I thought you had three right.

J

And that becomes an issue could become an issue.

J

um We're all very close within you know, 500 feet. uh I understand. Yeah I'll definitely have a.

I

I mean again: is there there's no county requirement for disposal.

A

That's that's not up to the board of zoning appeals. Who is it up to.

A

I don't know I mean it's not in our purview, but it's a very valid question.

J

For a zoning variance, mr voight has raised his hands again. Mr voight, once again, the.

K

Humane society requires licensing for commercial kennels and they do do inspections to ensure that.

K

The facility is kept in a safe, clean manner and healthy for the dogs that they're keeping.

J

That doesn't I'm not trying to be a hard whatever, but if you had, if you maxed out 10 animals.

I

I'll follow the regulations of whatever the humans I'd love to know the regulations. How.

J

To where to I mean what do you plan on? How do you plan on disposing of eight to ten dogs? There.

I

Is a company that you can call to come out and I've considered maybe doing that um duty calls.

I

I don't know if you've ever heard of that, but it's a waste management for pet waste, so that could be.

F

An option as far as um once, I figure out what what the actual humane society has to say about it, I'll.

I

Be sure to follow what their protocol is yeah and what recourse, as you know, residents.

J

Not so much to you do we have if it becomes a problem. If you decide this is an acceptable uh use.

J

What recourse do we have? There's noise as far as odors the zoning office, which mr boyd heads up.

K

Just for correction noise issues are now handled by the sheriff's department.

K

But if there are any other violations.

K

Such as it becomes an issue with neighbors with dogs getting loose and stuff like that, then it.

K

Is a zoning violation and there are financial penalties that we can assess against the owner.

J

I can't think of anything right now that I have okay and mr black. You have the.

A

Opportunity to present your own testimony at a later point in time. Okay, thank you. Yep.

A

Any other questions from anyone in the audience if go to the microphone, please and remember, to.

A

State your name address and occupation and spell for the record your last name.

A

Marianne wright last name e-n-r-I-g-h-t. I am right next door to mr black and I am a supervisor.

L

My my only question other than rogers I asked is so you have six dogs already so you're planning on.

L

Handling ten more eight to ten yeah, whatever we can fit in the kennel.

J

In addition, or just wait, a minute, it's it's in addition, in addition to the six yes yeah, because.

I

The sixth day in my home, they're inside dogs, so they're not out in the kennel, not in the kennel.

L

But they're outside at times, so in addition to so yes, there's gonna be a lot of barking. I love.

L

Animals, so don't get me wrong. I love animals, but potentially 16 dogs barking at any given time is.

L

A large nuisance I love being outside, I love the outdoors and if I want to sit outside and enjoy.

L

You know the animals running around which we have a lot of wildlife, which none of us are hunters. We.

L

Enjoy that wildlife, the more dogs you bring in the more wildlife gets scared and run into the roads.

L

And cause accidents, not that you have control over that. But the more dogs and the more noise.

L

The noise disturbs us, the noise disturbs animals.

L

That road is very dangerous from your driveway down to ours. People fly up and down that road.

F

It's dangerous. They currently have speed signs, one right at our driveway and one at the other.

L

End of braddock, you know saying: hey you're going over 40. people do 50-plus missing right.

A

You'll have the opportunity for testimony you're right, I'm sorry so 10 questions.

L

He already asked about the waste you're going to address that. That's all my questions.

L

Okay and again, you'll have the opportunity for your own testimony. Thank you. Okay, how.

B

Do you spell your last name again, e-n-r-I-g-h-t.

A

Okay, thank you. Oh I didn't ask. Do you guys have any no, never mind go ahead.

M

Hi monique gearig 2353 braddock road. That's! U h! R! I g um a couple questions that that we had was.

M

Where on the property will the dogs be outside they're inside my garage when they're outside.

M

Well, they have full run of your property yeah in the backyard. It's fenced already right, right.

M

We noticed that there's some some sort of temporary fancy, because we're we're right.

M

Next to you, I think we have the biggest skin in the game regarding this, because we are the closest.

M

Neighbor to them, the only thing that separates their house from ours is a common driveway.

M

um We notice you have a goat, we hear it all the time um so and, and it seems that that.

M

Goat is right at the property line because we can see it from our driveway. So is that.

M

Going to be, you know, our concern is: will the dogs be when they're all outside you're six and, however,.

M

Many you have boarding and we understand you may not have you know ten dogs boarding at the same.

M

Time, who knows, um will they all have access at that spot? Because we have a dog and we all have.

M

Large lots and we enjoy taking our dog off leash in our own yard and she knows she listens. She has.

M

Good recall she stays in our yard, but if she sees all of these dogs at that temporary fence that you.

M

Have now installed there, that's very close: the um temporary fence was to train our the goats too. So.

I

Because they're not used to electric fence, I just put that as a barrier. So if they got out.

I

It would be easier to get them back in so that was like for the goats. The dogs won't be leaving.

I

Our backyard okay, yeah, that that was just kind of something as a barrier to keep my goats from.

I

Escaping out of the electric fence, but I have not yet to let them out of the uh their enclosure. Okay,.

M

To get into the electric, because I I haven't had a chance to do that, will you how many goats do you.

M

Currently have three: will you be having more? No, no, will you be having more animals other than the.

M

Goats and the dogs on the property, okay, the goats were to clear out the all the brush and the breath.

I

And they cleared the patch that they've already been in, but.

I

I got to get them used to the electric and- and they went through it once so.

I

I'm trying to re-figure out we've had issues with goats escaping into our property and terrorizing.

M

Our property, which is why I'm asking we've, got a little bit of ptsd from that. So that's why I'm.

M

Asking that question okay! Well, I don't even know if the goats be staying honestly, they're more of.

I

A headache than than anything, so I I don't, I doubt they'll be staying honestly. Okay, they are kind of.

I

A nuisance to me: well, I I that'll come later. That's a sound issue for me as well. Thank you.

A

Anyone else board members questions of mr moser's testimony. Oh I'm sorry! I didn't. I didn't.

A

See you raise your hand, my name is. I live at 2320 braddock road, mount airy.

A

Spell for the record, your last name, please spell for the record you're last a-n-n-a.

N

I underst, I guess I want clarification for myself. I understand this is approved. He'd have.

N

The ability to have ten dogs is there a limit over and above the ten dollars. If he decides later on.

N

He wants to put up an outbuilding on his property. Is he free to do that and then bring in more dogs.

A

This board can set limitations as to the total number of dogs.

A

But they're he's before us now because he's going to have over 10 dogs but he'd have the opportunity.

N

Would he have the opportunity to come back in front of the board and try to advance that if.

A

If, if we put a limitation on the number of dogs that he could have and if he went over, that number.

A

Of dogs, he would have to come back before this board for approval and how would that be regulated.

A

If there was a complaint to the zoning administration, administrator's office,.

E

Okay, thank you.

A

Okay, we don't normally give you a second bite at the apple, but go ahead. Mr black.

A

um Come to the microphone, please you! You just stated that on the.

J

Ten or more all right how's it worded for more than 10., so there is no upper limit.

A

There there is the this board has the ability to place a maximum number on on on the number.

A

That he's requesting and are you looking I'm not currently looking at doing any more voting or.

I

Anything so what will that limit be? The board will discuss that, based on testimony when we, when we.

A

Discuss the case in front of us: yes, oh absolutely yeah. We don't do anything behind closed doors. Sir.

A

Exactly okay, but I mean that that that will that will that will happen today. Okay, thank you.

A

Okay, please come to the microphone and your name address occupation and spell.

A

For the record, your last name janet olgard, a l, l g, o o d, 2319 braddock road woodbine.

A

Okay, go ahead and remember you're, asking questions of his testimony. My question is: I I'm.

O

Next door to you um with the driveway in between, but I can see your property, I can see your fence.

O

Your back garden now, if he had all of the dogs outside in that enclosure,.

O

At the same time, and they were making too much noise, I would not be able to sit out.

O

In my back garden and enjoy it, is there um some way that you would say I could say, look.

O

I'm outside at the moment and your dogs are making too much noise and I can't.

I

They if enjoy were I mean I don't. Has it been an issue like so far I mean no. I've heard your.

O

Dogs um but they've not been constant, but that you, you only have um sex at the moment right.

I

Whenever they get wrapped, I tend more to that and if they were all outside- and I was trying.

O

To sit out right, I understand that and and if our own dogs get too rowdy, we bring them inside.

O

Right, you know I'll follow through with that I mean I don't want to cause any issues with the.

I

Neighbors or anything so I would, I would be as respectful as I could, with the noise. You know as.

I

Much as I could and bring them inside, they they won't be outside alone. I can like guarantee that.

I

You know what I mean that they will not be left alone outside so anytime that the dogs are outside.

O

There is somebody there there will be yeah, I mean our we're at home when our dogs are outside. So.

I

They're never left outside while we're gone, and if they were too noisy, you would bring them in.

O

I do now, yes, and, and if that were the case and yeah, if you said something to.

I

Me I could address that. That would be just be my main concern. Yeah yeah. All right, I would be.

I

Yeah I'm respectful and I can handle that yeah. Absolutely okay. Thank you.

A

Any other questions of mr moser's testimony.

A

Give any do you want to. You want to call him as a witness or.

A

Just like does the board have any questions? Oh yeah, oh yeah, ford, gracious, I'm skipping. I.

A

Missed the last hurdle board members, any question of mr moser's testimony.

C

I'm concerned about the variance requirements.

A

Okay, let's, let's.

A

Got to be a question for mr voight: let's: let's wait.

A

And we'll bring mr void up against that. We can't he's got to demonstrate.

H

Hardship practical difficulty and I wouldn't heard anything about it-.

H

Is that what you're suggesting yeah.

B

Well, it can be in the file if you've looked at. It may be the answer or part of us in there. I.

B

Don't know well, there is a map in there with with the setbacks, and there is from mr voigt.

A

um A letter stating what the variances are. Is it just the one variance that I saw.

B

No there's more than one really no look in the file. Well, the request is for more than one.

B

Yeah well because the file the file says, according to mr voight's letter, there's one.

P

How far back was that lisa.

A

Mr boyd, we have a question.

A

The map that we were used, that is in the file with the setbacks.

A

All of them are under 250 feet. Well, there's a couple of below that are at 300.

A

Did you say it's two times 200, so it would be 400, that's correct. The setback.

K

For a commercial kennel for 10 dogs or more would be 400 feet, but in your.

A

Response that's in the file. It said there was only a variance needed from one address.

H

2320 braddock road lot is under three acres. That's the reason why it needs currently any lot.

K

Under three acre would need to be have a variance to it if it's above three acre.

K

The way it's currently written in the code, you do not have to meet that double standard.

K

At 400 feet, so it is only just the one variance as I remember yes, okay.

H

So where's 2320 on there.

E

A

So the only property that the variance is needed is the 20 2320 braddock road, which is.

A

We get this right southeast of your actual property, it's across down on the left.

I

Yes, and like I say that would be for um any lot under three acres would need to meet the.

K

The 400 foot setback so all the other. All the other lots that we're looking at here on the.

A

Variances are over three acres and the only one is across the road at 2320 braddock road.

K

As I recollect, the rest of them are over three acres: okay, I'm reading I'm looking.

H

At your initial comment form, would there be anything after that, or that would just kind.

H

Of be it that says about the variance, um I don't remember what I wrote on that form.

H

A variance is needed to 2320 braddock road. The lot is under three acres, so that would be this.

H

Would be like the final that would be the one lot that would need a variance from okay.

A

And another all the other lots, my understanding.

K

When I checked or over three acres, okay and the other question, mr voight for clarification- is.

A

The variance request is not from the property line, but it is from.

A

The actual dwelling, where the the place where the dogs will be housed is that correct.

K

If it's under three acres, if I remember correctly, it's from the property line.

A

From the property line and if it's over three acres but there is it, doesn't matter, okay.

K

And I'm just going to check here real fast, just to be sure. Okay, thank you.

K

It says here that um any residential lot, less than three acres in the ag or conservation district.

K

um Would be from the property line.

K

Anything property line over that if, if a variant would need it would be from that dwelling.

H

It's all there's over three acres yeah. So all these lots, you can see they're over three acres.

A

um Mr moser, can you tell us what the acreage is of your five. You've got five acres: okay,.

A

So that's the only one it puts up way down here.

A

Yeah but it's not that's, that's more than that's more than that.

C

It's 400 feet from here. That's going to take it way down.

C

This is 277, but it's contiguous properties.

C

A

Mr moser, could you explain why you need that variance to that property.

I

Because the property is under um three acres.

A

And you couldn't, could you locate on your property, um the the kennel that.

A

You would not need that variance or that wouldn't be, or would that not be possible.

I

I think it's from the property. What is it from the property line or okay, I don't know.

E

A

The practical difficulty here is that just the existence of that lot across the road.

A

Triggers this, it's nothing that you've done that'd be correct. Yes, yes, okay,.

A

Okay, any question any questions: ms eckerd.

H

What do you anticipate that your maximum number of dogs might be well with our dogs included? Is.

I

That is that a part of it as well or just the boarding dogs well, your dogs are going to count.

H

In the final count, so so there's going to be a maximum of 10 that will fit into our.

I

Enclosures in in the garage in the kennel area.

H

So, conceivably, you could be looking for six approval for 16., right dogs, okay and.

H

Are you currently doing like boarding now for anybody? No, so do you anticipate this being.

H

Well, I guess ten dogs, but, like word of mouth, will you advertise well, I I've been like.

I

I've been a hair stylist for 17 years, okay and a lot of my clients. You know they're.

I

Very trusting in me to um take their dogs in while they're away on vacations.

I

So I'll just you have my own base of clients already, so I don't necessarily see myself.

I

Doing too much advertising, maybe social media, or something like that, but um that's about it.

H

So this is something that would be secondary to you, people that you're styling their hair say: hey.

H

We're going to be away this weekend, do you have room right? Okay, um the common driveway.

H

Yes, we did go back common driveway, we don't share a driveway with anyone. Is that what okay? You don't.

H

Share a driveway with anybody: okay, that's over next to the goats- is that correct, yeah. Both sides.

I

Of the property have a common driveway. I think I think. Okay and that's my apologies. That's that's.

H

What I'm remembering I don't have a photograph of the place so the when we saw the the fencing to.

H

Like the left-hand side, I think mr bale commented there's goats, so that is not where the dogs will.

H

Be no not at all okay they'll, be behind the house. Yeah there's a black iron kind of like.

I

Fence there that goes around the whole backyard, and it's just there in the back. Okay, no! It's just.

A

Okay, okay, any other questions of mr moser's testimony. um If you uh when indulge me a minute, mr moser.

C

You mentioned the breeding dogs, um how many dogs do you? Oh, we just have three that.

I

We were planning to have puppies, they haven't had what haven't any yet. You know they're still pretty.

I

Young but um just standard poodles we had. Okay, are you planning to um continue breeding dogs or.

C

Selling, I mean it depends, what's your business plan kind of like how many dogs we have in the.

I

Kennel, if there's 10 dogs and it's too much, then no- we don't need to we're not going to have those.

I

Breeding breeding dogs. Well, if you've, okay, I'm just going to try to do math here if you've got.

C

Six dogs of your own and then one presumably you've got a female who has a litter of what.

C

Five or six pups you could then find yourself. It's you know, 22 dogs, but it's under well. If.

I

They're under 70 weeks of age I mean before you get rid of them. You know before you re-home them.

I

I'm just thinking about noise levels and all that sort of stuff. It's the puppies, are kept inside.

I

I don't let them I don't really let those puppies around other dogs, because.

I

Of different diseases and stuff, if they could carry that like.

I

Distemper or anything from the ground that puppies can pick up without any vaccinations.

I

So, mr voyage, back there again, you have a clarification for us. Oh yeah. I said.

K

A dog is not considered a dog, it's considered a puppy up until it has its canine teeth.

K

It's a full set of teeth. When does that happen? Different breeds, it probably varies.

K

um So, that's why I say it's not a set week, but it's up until they have their their canine their.

K

Full set of teeth, they are considered puppies up until then, a follow-up for mr boyd. If I may.

C

For the commercial kennel license.

C

Includes breeding in that it can okay, commercial, um the definition of a commercial kennel.

K

Is breeding and keeping dogs or training dogs? That's all included in a commercial kennel unless.

K

The board says otherwise.

C

Okay, thank you, mr boyd appreciate it any other questions of mr moser's. Testimony.

A

Okay, very good, thank you, mr moser, now, and at this point in time. uh If anyone who wants to.

A

Give their testimony please come to a microphone. I think that other gentleman wanted to testify.

A

You're just going to test you're just going to testify correct you're, not going to be a witness right. It was more so.

A

Yeah, why don't we go ahead and because it might generate other questions.

A

From the audience members so we'll, let you go ahead and go first with.

A

Your testimony so please come to the microphone um there's nothing in regards to anything else. Name.

A

Address occupation and spell for the record your last name. My name is samuel. Acevedo a-c-e-v-e-d-o.

Q

Whoa whoa sorry slow down spell a little bit slower. Mr dixon didn't get all that.

Q

So it's a-c-e is in victor e-d-o acevedo. What's your first name, samuel.

A

Mr dixon didn't get it, but neither did I sorry. Okay, go ahead, yeah, so.

Q

There wouldn't be any issue with the dogs being not with anyone. I also reside at the property and.

Q

We take care of our dogs with direct supervision as far as any noise complaints that we might.

Q

Get we would, of course, address that with the direct.

Q

Person creating that complaint or concern um and if, in fact, we had different size dogs, we would.

Q

Keep like all of our small dogs with our small dogs, all of our big dogs with their big dogs, so.

Q

There wouldn't be any issues with um like fights between them or any, except like extra noise, um as.

Q

Far as like the goats, the dogs would not be there as well. um All of our dogs would be within the.

Q

Fenced property um and they would not leave that so that's also another.

Q

Address, I would say: um yeah, that's pretty much it. I just wanted to give that clarity as well.

A

Good, very good: okay, does anyone from the audience have any questions of samuel's testimony.

A

A

Seeing none board members no well um questions. Could you tell me what kind.

C

Of dogs, you presently have yeah, so we have two yorkies two reckstar terriers.

Q

A golden retriever, a german shepherd and two standard poodles.

C

So you've got a mix of large and small dogs. Correct. Three of them are spayed and neutered.

I

So they're not they're pets, well they're, all pads, but.

I

Something like that.

A

Any other questions. Thank you very good. Thank you for your testimony. Okay, now.

A

Whoever wants to come first come to the microphone to give your own testimony.

A

Go ahead, please come to the microphone, remember, name, address and occupation.

A

And spell for the record, your last name: okay, mary hutchins, donna, last name h-u-t-c-h-I-n-s,.

R

Hyphen danna d-a-n-n-a 2320 braddock road mount airy and what was the other question.

R

Occupation, occupation, I'm retired! Congratulations! Thank you. Well, last name is hutchins. I heard.

B

A lot of names I I was, I wasn't sure, what your day was name hutchins donna I signed.

R

In and printed if you need to check dana yeah h-u-t, oh c-h, I-n-s, hyphen d, as in david a-n-n-a,.

B

Okay, what's your first name right, I have your mr dixon. What's your first name, mary.

A

Very good, thank you. You're welcome. I had I came here today because I had more questions or had.

R

Thoughts about the kennel we're all dog lovers. I hope you know that we have a dog named charlie.

R

Who's got a rather robust bark himself. I was more concerned not only about the noise level, but the.

R

Traffic on the road it was mentioned earlier and there have been so many near accidents and.

R

Accidents that I was concerned about people have having increased traffic on braddock.

R

The buses stopped there, kids come teenagers, drive that road a lot and it's used instead.

R

Of liberty, road as a cr as a connection between uh 27 and woodbine road, so it's used quite a lot.

R

And we've had more mailboxes cut knocked down by cars on snowy days. The car is skid, they end up in.

R

Interesting places along our road, it's on the downhill it's on the shot on the shady side of.

R

The road, so um it's really problematic. I know we have speed signs, but they don't work. I don't.

R

Know who could put if you go ahead with this, if we could have calming bumps? Who did we talk to to get.

R

Calming um bumps uh whatever you call them above and and good warnings, because.

R

If cars are stopped, if we have increased traffic going into your property.

R

Not only you but your customers will be at a disadvantage. So that's that's my primary concern.

A

Okay, mr moser, do you have any questions of her testimony? No, I was just going to say you know.

I

Like we will have certain drop off hours or pick up hours, so they won't be coming like.

I

In and out all day long, so um you know that's one positive thing in my mind that.

I

You know, I don't see it as something that you can control when other people are traveling. The.

R

Road, you know what I mean. That's I have seen people go airborne at the top of that road, so.

R

That is of concern and if the speed bumps aren't doing any good, it's not going to.

R

Help you it's not going to help us if there's increased traffic, okay,.

A

Okay, board members, any questions of our testimony so who would buy contact about the speed bumps.

A

That would be the rose department, the carroll county roads department, because that is a county.

A

Road: okay, thank you. Okay, go ahead! Wait, wait, wait! A minute! No go! Go ahead, she's sitting back down so.

A

My wife aren't here.

N

Ladies and gentlemen,.

N

If we were at this location right now, wait please enter please again um stay for the.

A

Record your last your name, please: oh dana, 2320, braddock road, mount airy maryland and I'm retired.

N

Also, if we were at this location right now- and you looked at the hill- that my wife was talking about.

N

And where his road, his driveway, is it's only a matter of feet from the time that they crown.

N

That hill and start coming down that short runway I've seen personally at least I mean two accidents.

N

um Coming off that hill, these people, and it's not just kids- it's not a 40 mile, an hour zone.

N

Well, it is, but it isn't. If you understand what I mean, so something has to be done. uh I mean it's.

N

It's that that driveway is dangerous enough as it is with additional traffic going in and out.

N

I'm afraid it's only a matter of time before it happens again, if something can be done like.

N

Speed bumps or something else that would be wonderful, but something has to be done. I think.

A

Okay, any questions of his testimony.

A

Thank you very much.

M

Monique urig uhrig, 2353, braddock road and I'm in finance.

M

As I mentioned earlier, we are the closest to the proposed kennel and it is a sound issue for us.

M

Personally, we lived in a residential neighborhood in mount in the town limits of mount airy.

M

And the reason that we moved and sought out this particular property that we live in right now,.

M

Is because it was very peaceful, it was on a larger piece of property and the houses.

M

Weren't, on top of one another and it's been lovely, it's been peaceful, we've been there since 2013.

M

um And we, the the increase in noise, for us, is a problem we enjoy, like the other neighbors.

M

Sitting outside either in our driveway or out back and so the increase in noise for us.

M

Would impact our quality of life, and I understand that mr moser said that you know if we let him.

M

Know it's not the type of the way these properties are structured. It's not the type of thing that.

M

You know I can just walk over it's a rural route which, as you've heard, is a dangerous road. It is a.

M

Dangerous road, when we pull out of our driveway, our driveway crests at the top of that of this.

M

Hill, we have to look back and forth back and forth five and six times before we pull out so.

M

We are also concerned about safety for the increase in traffic and I understand.

M

They may not have you know 16 cars coming in and out all at the same time. I understand that.

M

But it's already an existing issue so to have a business being operated out of this home.

M

It further impacts and compounds the already existing issue of safety on that road. For us.

M

um You know we've seen we've. I myself have had numerous close calls with cars coming up and down.

M

That road, we have you, know kids on dark bites and things of that nature. That dogs could be.

M

Triggered by sounds, I mean, and and dogs are like kids. It takes one dog to bark.

M

And then they all start barking. Just like one kid cries, they all start crying. You know. So it's.

M

Really for us, it's a quality of life issue for us um and we're not trying to um you know impact your.

M

Way of life or your your your quality of life, we just want to want you to know that we are.

M

Concerned for our quality of life, with the impact of all the dogs, because we have heard your dogs.

M

I will say mostly the little ones um and the goats, but it's a quality of life issue for us.

M

We like to you know, have have people over with their dogs as well, and you know, we've had an.

M

Issue with a woman walking up and down our the common driveway next to us, and she was actually.

M

On our property, at one point she shouldn't have been on our property as private property.

M

But she has a little girl with her. What what is the safety precautions? um You know one of.

M

The things that I thought about is the safety precautions. I know you said that there's a fence.

M

But if this woman, who has no problem walking all over the area, I don't.

M

Know, if any of you guys have noticed this woman walking all over the place.

M

But she takes the little girl with her. What happens if she walks up to the fence.

M

And wants to pet a dog, and you know what kind of issues is that going to raise.

M

These are just the things that that we've thought about you know because, like I said, we are the.

M

Closest to you- and we can see your property we, our tree, our property is bordered by 20 year.

M

Old pine trees, but there are some bare spots and they're. You know bare at the bottom and we.

M

See the temporary fencing for the goat and the goat enclosure right there right as we walk out.

M

Of our garage, um so that's that's an issue for us and for our own dog who, like I said, we like.

M

To be able to take off leash, and my concern is that we won't be able to do that anymore.

M

That's all okay, any questions of our testimony. Mr caldwell.

C

Miss uric: how long have you been aware of the dog noise.

M

Past few months we hear dogs and and look I don't- expect dogs not to bark they're dogs, they're being.

M

Dogs- it's not the dog's fault but for the past few months and we hear it varying times again. It's not.

M

Constant, I think someone else mentioned that it's not constant, um but I think six dogs is easier to.

M

Control, certainly than 10 or 20 or 30, whatever the number is you set the limit at. Have you uh ever.

C

Heard anybody out there um attempting to quiet the dogs down or taking them in when they got noisy. No.

C

I

I was gonna say like we: don't we don't leave them out unattended if they.

I

They do bark, we address it, you know, because we don't want to hear that the little dog's.

I

Barking, you know so I I do address the dogs and their other neighbors around. I hear their dogs.

I

All the time too, I mean it's, you know it's pretty natural to I mean.

A

Okay, thank you. Any anyone else want to give testimony. Go ahead.

L

Again, mary enright e-n-r-I-g-h-t.

L

uh Currently supervisor, but about to retire so.

L

We'll go back to the noise situation and peace of mind and being out in a peaceful area.

L

That's one of my concerns I love being outside and like the last statement, but we hear dogs all the.

L

Time almost every neighbor probably has a dog. The occasional barking is no big deal. The occasional.

L

Barking of your dogs currently is no big deal but you're, adding on at least 10 more dogs, and they.

L

Got to go outside sometime you're not going to be able to control them all earlier. You said you know.

L

Just uh overnight thing now you're talking about when people go on vacation, so you could be having.

L

16 or more dogs in your yard at any given time barking, that's a huge concern.

L

And very annoying, and it's not like I'm going to walk up the driveway knock on.

L

Your front door, because now I've completely disturbed my way of life.

L

To walk a long driveway, I'm on the shared driveway to your. If you're facing your house to your right.

L

I see your dogs out there, they haven't been a problem as far as I'm concerned.

L

But I'm the farthest one back. I see them completely, but the traffic issue that road.

L

Yes, it's set for 40 miles an hour, but people crest right right at your driveway is the crest if they.

L

Don't know where they're going, which odds are they won't at least the first half half dozen times.

L

They're they're flying over that hill, which goes right to our driveways and there's accidents.

L

When I have to check the mail it's I turn my vehicle off, because I need to listen for.

L

Engines coming one way: it's fine, you can see the other way. You can't see it's right at their.

L

Driveway and they pop over that hill, like nobody's business, you're, adding a lot more traffic just for.

L

Some dogs, I just I'm- um I love animals, but I'm very upset about this and I'm and I I'm sorry but.

L

I'm against it. I I'd appreciate some consideration on the safety of all the residents up and down.

L

That road, because now we're increasing the traffic, which is already too much and going way too fast,.

L

That's about it, okay, any any questions of our testimony.

A

Board members very good, thank you. Thank you.

A

Anyone else, mr black roger black, black 2323 brenneck, and I am retired, my wife is retired.

J

Assurances accountability.

J

You're, the five of you are going to make a decision on the number.

J

If, if approved on, the number of dogs allowed correct, yes, okay,.

J

We we don't, I mean we have input, but we don't have anything.

J

Yeah, you know we we're invested, but a decision is being made. It sounds like.

J

At least the existing six plus 10 16 dogs and understand that that may only be once or twice.

J

You know in six months at full capacity, but assurances.

J

Not more than that or if you have puppies, if you had two litters of puppies, I mean.

J

You could have 20 30 animals at any one time before they're grown and sold, given so.

J

Just assurances um disposal of you know dog, there's no assurance.

J

On our part that it's going to be taken care of the noise, there's no assurance.

J

That it's going to be taken care of there's. No, I mean there doesn't seem to be much of a plan.

J

And I'm not knocking you know, dustin, given the same situation, I likely would do the same.

J

But there doesn't seem to be. I mean boundaries, accountability, assurances.

J

To you know to to to hold to you know some sort of standard, some sort of.

J

You know if you understand what I'm saying um there's well, we could do this well.

J

You know they could get a service there. There's nothing! Nothing in you know planned to.

J

Have that done that? That's a concern, um I you know beside the the noise is first and foremost teresa.

J

My wife and I are going to be moving in the next year to somewhere south, so we don't have.

J

To deal with the cold winters and selling a house, it's you know a major part of our retirement.

J

Noise and multiple you know up to 16 dogs is going to be an issue if I was potentially buying a house.

J

I would not I'd think you know long and hard before buying a house.

J

Where a kennel was next door that that impacts me financially.

J

It may not be a great deal, but it impacts me and it impacts all surrounding neighbors and.

J

That's about all, I have to say thank you. Let me stay there, mr black. Any questions.

I

Of his testimony, mr I just was gonna say: like um you know, everything is regulated by the county or.

I

The humane society for um any of the issues with the waste management or if the noise.

I

Is out of control or traffic or anything becomes an issue? You know it. I feel like it is regulated.

I

That's it board members any questions of mr black's. Testimony.

A

Very good anyone else, I think we've exhausted everybody in the audience. Okay,.

A

Presentation and of testimony and evidence is now closed and summations are in order. Mr moser.

A

Would you like to make any summation comments before we deliberate? Thank you for your time.

A

Okay, very good. The hearing and record of this case is now closed in accordance with.

A

The open meetings act of maryland the board will now consider the case board members.

H

You always look this way. I looked that way this time, I'm supposed to look your way.

C

Passing the buck, mr caldwell, by default, oh boy, yeah, the the newbie.

C

So we're talking about what it seems to me, like a large number of dogs.

C

Greater than 10, possibly 16 or more with breeding the residents in the area have.

C

Voiced concerns about noise from the dogs, traffic noise, waste disposal.

C

Still, we don't have a clear answer on the distance variance required.

C

Also, there's noise from goats. The um the other thing concerned me was the.

C

There didn't seem to be any mention of.

C

uh Ours uh that the dogs would be allowed outside.

C

You know: when does it start in the morning? When does it finish in the evening? That's undefined.

C

uh All together, I didn't feel there was a very you know, clear business plan. It seems like you've.

C

Kind of backed into this by default, without really thinking through all.

C

Of the ramifications of what you're trying to do and running a business here, I've.

C

You know I am concerned about the the supervision of the dogs.

C

You mentioned that you said you would guarantee that that they would be supervised, but.

C

One of the residents says that the dogs would be noisy and there was no one outside with them. So.

C

You know, I'm not sure what to believe there. The other thing that concerns me about variances is.

C

There's no real um clear definition of whether this imposes a hardship or not.

C

If there's a way around this, by placing the kennel in another location, that then.

C

Eliminates the need for the variance you have five acre lot. Could it be accommodated by moving the.

C

Kennel portion and the dog portion 400 feet away yeah, but the setback is from the property line.

C

So that can't be accommodated regardless yeah does that constitute a hardship.

R

It's a practical difficulties: yeah, that's practical! Yes, all right.

A

It gets tricky in there because of.

A

The property line or the cartilage of the home and the size of the lots- and this is the only lot.

A

That's under three acres that it's contiguous with. So that's why the setback is is required. There.

C

I feel concerned for that neighbor because they're right facing the front of the noise.

C

So you know I'm not really in favor of this. At this point.

C

H

I think I have a slightly different perception. um I have to say I was very impressed that.

H

The neighbor said: oh wow, we didn't know you had six dogs.

H

I think six dogs is a lot to not realize that they're on the property. um I think it's to be.

H

Expected that if you have dogs and they're outside that you're gonna hear some barking.

H

I think, there's probably from the testimony I heard, there's pets all over the neighborhood.

H

Having said that, I also feel like.

H

16 dogs is a lot in a residential neighborhood, so I think we should absolutely look at putting.

H

A limit on that, um if we are so inclined to grant this, I'm not concerned about the.

H

Hours of operation, my perception was: this is not a doggy daycare where people are.

H

Dropping off in the morning, picking up at night, my perception was that clients existing clients for.

H

Another occupation will say: hey, you know we're headed out of town this week. Are you available.

H

So it won't be, I'm not I'm not envisioning a high volume kind of boarding facility. If you will.

H

The disposal of the of the waste.

H

That that doesn't concern me, because the humane society is going to dictate that. So I feel like.

H

There are other mechanisms in place to make sure that all of these things are being followed.

H

All of the rules and regulations so I'm I heard a lot of testimony about traffic.

H

And that's you know recognizing that this may well. This will bring more traffic to.

H

Braddock road and I understand that people cut through there to go from 27 to woodbine road.

H

Not to give testimony, but it's been my experience- that that has been happening.

H

For at least 40 years, it's 50.! Well I'm not that old, but.

H

I didn't want to speak to them, so I don't. I don't feel like that's.

H

You know mr moser's responsibility to police who's driving on woodbine road.

H

um It's just not prac. In my opinion, it's just not practical to expect that from him. So.

H

Recognizing the noise could be an issue again that that I fall back to. I think we should limit.

H

The number of dogs, if we're inclined to grant this there, should be an absolute limit on the.

H

Number of dogs- and I don't know that 16 is the number. I think that for me that's a bit excessive.

D

Let me pick up from where you are uh I neglected to ask you a question. Mr chair, may I ask.

A

No testimony is closed. Sorry, uh I'm I'm inclined to agree with you. 16 is too many.

D

uh What I would ask is, what can you live with, but you can't.

D

Hearing nothing.

D

I'm going to say, you've got six.

D

Add another six and a max of 12. that would be off the top of my head. Without your input.

D

But you did not speak to that. Oh he said I wasn't allowed to answer.

I

Her in your presentation- oh I'm sorry yeah, I'm not faulting! You, okay, yeah,.

I

I understand so, mr simmons, do you think I'm I don't have a concern about the breeding. I don't.

H

Based on what mr voigt suggested, I don't think that those dogs get counted no.

H

My opinion, until they have canine teeth.

D

12 seem like a reasonable six, in addition to the six I I said 14 because they requested for.

A

Eight to ten, so I did go to france, scott key high school six and eight or fourteen. Is that correct.

C

Any advance on fourteen so and anyway, I I that that's that's what I was.

A

That that was with the number that I wrote down on my paper.

A

I I can, I can tell you that people are usually frantic in the morning they're.

A

Hyped up on coffee and they're late for work- and that is that is an issue. That's an existing issue.

A

And if we restrict this to, let's just go at 10, which I know we're going to be less than that.

A

The amount of traffic generated by this is going to be minuscule as compared to the daily traffic.

A

And I'm not saying it's not going to add to it, but the number of vehicles added.

A

Is going to be minuscule as compared to the people that are cutting across braddock road.

A

To woodbine and eventually route 70., I'm not minimizing that.

A

But at the same time, that's an existing condition that this board can't rectify.

A

As far as the number of dogs, I I had written down 14., it's rather interesting that we did.

A

Hear testimony that they didn't realize that mr moser had six dogs existing over there so.

A

It sounds to me like he has done, um he's actually conditioned his dogs not to be as vocal as what.

A

Some dogs can be. I do have a little bit of a concern, because these won't be his own dogs, but.

A

Dogs become a product of what they can get away with with their owners. So maybe these.

A

Dogs will go home better behaved than when they came to him. That's what I'm hoping mr moser.

A

So I'm not opposed to this. I I'm I'm a little torn, but because this is a five acre property and not.

A

A two or three acre property. um I think I think that does help out so I'm in support. But again I.

A

Think we do need to limit the number of dogs. Can we put a limit on the the time they're outside.

C

H

Speculation- and we can't ask at this point, but I would assume.

H

um As a hairdresser, hours are probably.

I

I work three days a week, so um he's home the other days of the week that I'm not so someone's always.

I

Okay or at home, that's testimony, but oh I don't know, I didn't hear anybody, but I mean I don't.

H

I mean I so you're you're saying restriction as far as like nine o'clock at night to six in the.

A

Morning is that what you're I'm suggesting something like that? Maybe not, as you know,.

C

Like seven in the morning, eight to seven or something like that. But then what happens and.

H

I don't know this answer: what happens to the six that are already there that are pets? I mean mr.

H

Mr roy, that's testimony it all blurs together. It's a number of dogs yeah. I mean in my mind.

H

I don't want somebody to say if my pet needs to go out at midnight that I can't take him out.

A

Well, I think the other thing that was testified too, is that the dogs are not going to be.

A

Left outside unattended and and that that's a key point for me as I go back and listen.

A

As I replay the testimony in my own mind and with that with that being testified to.

A

I think that mitigates some of the issues. The noise concern issues that that were raised.

A

um But I again, I understand mr caldwell understand the limiting.

A

The time that they're outside and but at the same time it's a personal pet.

A

Who's to say that they couldn't be out there if they're going to guarantee there's.

C

Someone out with the dogs, dog or dogs, then I can back off on that yeah and and we've we've placed.

A

Restrictions before, as far as you know, the hours that the dogs can be out with these with these, but.

A

um It's been, it was testified too, that they would not be left out unattended, so you wouldn't have.

A

Six or eight dogs out there running at midnight.

A

More discussion board members ideas. Part of me wants to say that.

H

If they sell the property, this is gone.

A

Yes, yeah, we can put that in as a condition. I agree with that.

J

Sorry I didn't hear that statement if, if the property is sold.

A

um That, then, a new ownership couldn't uh walk right into a kennel with.

A

However, many dogs and whatever hours we, we say so it stays with the present ownership.

C

So we're down to the question of the number of dogs.

A

And I'm the chairman, I can't make the motion.

D

D

C

I think 16 is a concern. I would be inclined to to say that's too many, I'm not going to agree to six.

H

To 16. I won't either all right, I don't think I don't think any of the rest of us will agree.

H

To 16 right, it's either 12 something 14 or less. I agree with that 14 or less oh. I mean that was.

H

Just your my suggestion to whether you wanted to say 12, 13 or all right, I could agree to 14 or less.

C

No more than 14 at any time.

C

Are you comfortable with that, I'm I'm comfortable. That's the number. I wrote down almost 14.

C

Still think that's high, I think it's I I think it's high yeah. I do.

D

Well, you want to get a 12. I'd, say: 12., okay, well,.

A

Okay, any other discussion.

H

So 12 and it's only during the ownership.

A

Mr moser's ownership yeah, I didn't even ask I'm assuming you do own the property.

H

And I know that was testimony. I didn't miss bringing all the rules here today. Every rule today.

H

Sorry, okay, someone want to make a motion I'll make one if you want, in the matter of case number,.

C

6401 before the board of zoning appeals, the board grants the conditional use request for a.

C

Commercial kennel for not more than 12 dogs and also allows for the distance variances.

D

I'll second, that needs to have, with uh the caveat that the conditional.

C

Use request is not transferable uh on the sale of the property yep. Second,.

A

Does that meet legal sufficiency, mr dixon, I think so.

A

Okay, very good, any further discussion on the motion.

A

Okay, all those in favor, aye, aye, all opposed no motion carries. Our oral decision will become.

A

Final upon a written decision which will be issued within 30 days unless otherwise extended by this.

A

Board the board's decision may be appealed by filing a petition for judicial review with the.

A

Clerk of the circuit court of carroll county, in accordance with the provisions of chapter 200.

A

Title vii of the maryland rules of procedure, the appeal must be filed within 30 days of the date.

A

Of the board's written decision, thank you very much, and this hearing is adjourned.

A

A

We'll go ahead and call the bza to order and in front of us here this afternoon, is a continuation.

A

Of case number, six, three five five: the file has already been introduced.

A

Gentlemen, could you refresh my memory as to exactly where we were at in the process? I.

A

Think, well, I can share that. I just looked at the tape and mr leahy wanted to introduce well.

B

It's already introduced exhibit 10 wanted to the board to see some highlighted parts of exhibit 10.

B

And then there was talk about mr martin being a witness. Those are the last things that happened.

S

I watched I tried to watch it over the weekend and it the tolerance on that. I.

S

Couldn't move it around well, but I did see parts I thought mr martin was was subject to.

S

A little bit of cross exam or a little bit of examination by mr leahy. Do you remember that's.

T

What I I called him as an adverse witness in my case in chief okay, did you finish with him.

B

No, I don't remember mr martin being called the last witness. I have is mr jordan. Now he.

S

Was definitely called the uh mr dixon because I watched a little bit of it on that video, but.

A

Mr leahy called him as the witness yes correct, yes, and then I think mr stones was called after.

S

Mr, I believe that's right, mr mr mr stomes and then mike jordan was the last witness.

S

So, are you are you so, mr la so I guess what that leaves is. Mr leahy is still.

S

On his case, yes, you, you haven't, started okay and uh mr stones who's, not here yet, but it's going.

S

To be here momentarily will, will you continue with him or is he intent to continue with him.

S

Or call him again or I'm going to pray call him in rebuttal. I want to hear.

T

Your case first, so, okay, you know he's already testified. Okay, so are you finished.

A

Yeah, that's that's the question because you called mr martin. I stumped mr leahy well.

T

I'm gonna, I'm gonna, introduce one more exhibit.

T

This is an email string to scott robertson, who, of course, is his owning officer, no objection, but.

S

I will note that this should already be in the record as part of the zoning investigation file.

S

Which was yeah but it is, it may be, but is that in our file it may be in the zoning? No.

S

Because it is in your file because you adopted uh the zoning investigation file as part of the.

S

Record at the very beginning of this case: okay, okay: this will be 13. 13. You want to enter that.

A

Into evidence at this point, mr leahy, I do, but I want to give copies to each board members and.

D

S

Which number exhibit will this be.

T

There was some cross-examination in some argument by mr schaefer on behalf of the martins that.

T

um The jordans received information about when the zoning administrator had declared that what had.

T

Been a sea container over a nine month year period had suddenly been converted, not suddenly had been.

T

Converted to a trailer- and I just wanted to make it clear that this email from scott robertson.

T

Dated may 26 back to mrs jordan in response to her may 24th email is where he notified them that it.

T

Had been converted to a legally licensed certified road-worthy trailer and, of course, that actually.

T

Happened april 19th, so by the time they were notified, it was already more than 30 days past.

T

When the action had happened, so I'd like to introduce this into evidence for that purpose,.

A

Okay, we will accept that into evidence.

T

T

And um with that I, I would rest my case.

A

Okay, mr schaefer, thank you I'll call, dwayne dwayne martin may he testify from here hey, let's just for.

A

Let's just make some some anyone is going to testify here today whether you testified.

A

In the previous hearing, or not, which was a little while ago, could you please stand.

A

And raise your right hand and take the oath. So if you plan on testifying.

A

Okay, do you swear or firm, under the penalties of perjury, that the testimony you're about to.

A

Give is the truth, the whole truth and nothing, but the truth very good. You can be seated. Okay,.

S

Mr martin, will you state your uh name and uh address for the record? Please dwayne, martin.

U

3904 great run road miller's maryland, mr martin, just uh as a preliminary matter did you.

S

uh Since the last hearing did you have a conversation with uh your neighbors ron.

S

And angie mercado regarding this matter. Yes, and did you obtain a letter from them? Yes,.

S

And that's being that's being marked, as exhibit one for identification. Mr.

S

Martin did did that letter. Does that letter indicate support for your.

S

For the trailer slash container located on your property, yes, it seems to and it okay I'd like.

S

To offer that in, as my exhibit number one, no objection we'll accept that okay, thank you now.

S

Mr martin, uh did there come a time within the last couple years when you uh decided to uh put locate.

S

A container of some sort on your property in order to provide storage for certain personal uses.

U

Yes, it started around the end of 2019 and before you, uh uh loc, purchased and located.

S

The container slash trailer on your property. Did you contact any of your neighbors.

S

Yes, can you describe those contacts who you contacted in the nature of those.

S

Those those discussions I spoke with miss farrell who's uh sitting over here to my.

U

Left and I spoke with ashley hannahan, I believe I don't know that I spoke with chuck directly.

U

um Who's chuck chuck colada he's the neighbor on the other side. Okay, yes and ashley is his wife.

U

And I spoke with both of them and I told them of my intentions and I wanted to make sure that it.

U

Wasn't uh you know going to be a problem with them and at that time uh there was no. uh They indicated.

U

That uh there was no problem with it and thought it was a good idea. Okay, now did you talk to.

S

That's miss pharrell. Is that right, yes, sir farrell miss farrell. You talked to miss.

S

Farrell personally right correct uh describe the circumstances. Did you walk down to her property.

U

Yes, I walked down to her house, okay and what did you? What was the nature of that conversation.

U

I just explained to her what uh what were we, what we were looking at doing.

U

And in the process I offered to fill in a big mud hole she had in.

U

Consideration for her allowing me the option of using her driveway to have the storage container.

U

Delivered so you described to her the fact that you wanted to locate a container of some sort.

S

On your property for storage purposes, correct correct and did you at that point? You had not.

S

Purchased or acquired the trailer correct correct: did you describe generally what what it was like.

S

Yes, okay, and did you talk with her about how you would get it on your uh on your property.

S

Yes describe this, what did you talk about? Well, I told her that um I would uh if she would offer.

U

Me the option of using her driveway in case the weather, wasn't uh good to bring it down.

U

Through my yard, um you know her driveway is an established driveway. It's been there for.

U

20 25 years or something and it wouldn't tear that up like it, would have torn up my yard.

U

And- um and I and in exchange for that I offered like I said I offered to.

U

Fill her, uh she had a big mud hole there. It's about, I don't know, 30 feet long, 15 20 feet wide.

U

That uh filled up with water very frequently, and I offered to have my guy, you know, put some of the.

U

The material into that uh to fill that up so that it wouldn't be a mud, hole anymore. Okay did.

S

Did miss farrell uh indicate the ascent to that? Was she okay with that yeah? She was excited to.

U

Have it filled okay, and was she okay with you relocating the trailer on your property at.

U

That time, yes and then did you later locate the trailer on your property. Yes, did you later.

S

Have your uh guy or fill in the uh the mud hole with millings or something like that.

S

Well, he did that before the trailer was located. Okay- uh and you also checked- checked with ashley.

S

uh You said uh hanahan anahan and that's the other neighbor or one of your other neighbors.

S

And what was that conversation about similar yeah very similar? She said that was a good idea. uh You.

U

Know she knows those people that have had those for storing hay in for their animals and stuff.

S

Did you spend money to have that that hole fixed on the uh um feral driveway? I did that. How much.

S

About 900 right and then in march or april 2020, you actually acquired this.

S

The uh see container, slash trailer, I'm trying to not characterize it. We all know.

S

What it is, and maybe the definition of it may be your determination at some point, but we all.

S

Know what we're talking about to see the sea container size trailer? That's there now correct.

S

You put that on there in in eight march april, 2020 correct yes right now shortly there.

S

After or about july of 2020, you got some kind of contact from the zoning office indicating that.

S

It was being investigated, correct, that's correct, right and subsequent to july of 2020 and up to.

S

I don't know well, I guess uh up to one or about the date of mr the the email put on may 26 2021.

S

um You dealt with pretty regularly with carroll county zoning office regarding the.

S

Trailer correct, that's correct all right and you knew that miss farrell and the mr and mrs jordan.

S

Were also interested in dealing with the carroll county zoning office about that trailer, correct.

S

That is incorrect. Oh you didn't know that. I don't know that miss farrell was involved at that point.

U

She didn't get involved until the end of june or into may beginning of june okay, but you knew that.

S

The jordans were uh upset and and were contacting, the carroll county uh zoning office and the county.

S

Commissioners, correct, that's correct right and you during that time period, did you attempt to.

S

Make the trailer legal under zoning? Yes right and did you review the zoning laws yourself and.

S

Read them: yes, all of them. Okay tried to read as many as you could right. 158 pages worth, okay and.

S

Did you also uh have continuing discussions with the zoning office of carroll county.

S

Yes and that's j, voigt and scott robinson. Yes, all right and did those discussions involve.

S

What would make the trailer legal and what made it illegal quote? End quote under zoning. Yes right and.

S

Did you try to take actions to legalize your trailer? I did. What did you do? I remade it into.

U

A trailer, okay and we'll describe generally what you did to remake it into a trailer.

U

Put axles and supports on it a tongue lights.

U

Itch brakes on the axles.

S

Did you all it did and, and at some point in time did you also apply for a a.

S

Trailer license from the state of maine. Yes, did you do that in good faith,.

S

Thinking that it was a way to make your trailer legal, yes,.

S

What do you use the trailer for storage.

S

And what which kind of storage uh you mean? What's in there yeah? I got some boy scout stuff.

U

Lawn and garden tools, uh some gardening implements for my daughter.

S

Those are commercial, personal use things right.

S

What is your, do you, are you semi-retired or I don't? What are what would you call yourself.

U

I drive a school bus okay, so you drive so okay, so you don't use this.

S

Trailer in connection with any commercial enterprise or business correct, correct.

S

Has the trailer been actively used by you for storage and personal use during all this time?.

V

Yes, now, could you take this trailer off your property if you hooked a vehicle up to it and.

S

Drove it off your property, I could okay, you do you have you done so in the last uh since you since.

S

It was on there no right, and could you take it off your property without using mrs farrell's driveway.

U

Absolutely and have you, do you have an rv vehicle? I do do you take that on and off your property.

S

I do right now: why did you then need to ask, or why did you ask mrs farrell if you could use your.

S

Driveway to get it on there, as I stated earlier because of the conditions of the ground, um you.

U

Know the time of year it was going to be coming a lot of times. It gets muddy and, um uh and frankly,.

U

Partly impassable uh due to the the freezing and the thawing and the top layer being muddy.

U

In the bottom part being frozen, and- and I just wanted to use that as an option but your property.

S

Fronts on grave run road. Does it not? Yes, it has. You know significant amount of frontage, correct.

S

Correct and you have a driveway that that comes off of grave run, road, correct, yes and.

S

That driveway would be acceptable to accommodate moving the trailer off correct. Yes, I moved my.

U

Rv on and off of there fairly frequently is the trailer located within 15 foot of a public road.

U

No, does it block anybody's sight distance uh from a public road of any neighbors if they're trying.

S

To make a turn or anything, no, what's the weight of the trailer uh 9990 pounds now, do you know.

S

That because you weighed it no, how do you know that that's the maximum gross vehicle weight.

S

You was that was that printed on the trailer on a tag that was there when you bought the trailer.

U

uh It's on there now I don't know that it was on there when I bought it. Did you put it on there.

S

I did how'd you get it I'll, get what the tag yeah just little stickers. How did you know that was.

S

The weight well because it has to be under 10 000 pounds to not be considered a commercial vehicle.

S

Bear with me one second, please.

S

Now, at some point in time, uh you received uh notice from the zoning office that.

S

You, the trailer, was legal under carroll, county zoning laws, correct, correct, right and and.

S

You I'm going to show you exhibit 13 uh the uh uh um I don't know. Appellants miss farrell's.

S

Exhibit 13. um that's an email dated may 26th 2021 from scott robinson of z, of the.

S

Zoning office to patricia and mike that's, mr mrs jordan, correct yes, I believe, and what's that say.

U

Good morning, mr jordan, mr martin, converted the trailer to a legally licensed and certified.

U

Road-Worthy trailer he is allowed to have a legally licensed trailer on his property. I have.

U

Closed the case thanks scott now, are you aware that, um subsequent to that, he that email, that.

S

Commissioner, stephen wants either was involved or became involved at the behest of mr mrs jordan,.

U

Yes, after that email, uh some after that date of that emails, uh mr wants sent out some other emails.

U

None ever to me, he sent him to the zoning office right and to mr, mrs jordan and miss.

S

Farrell right, okay and uh he was inquiring as to how this could happen or why it happened.

S

uh To the zoning office, correct, yes, and the zoning office replied to him and.

S

He then notified uh the mrs farrell and mr mrs jordan, that the decision had been made correct.

U

Yeah I'll have the email here. If you want to read it, okay go ahead, let's see, let's, uh let's see it.

S

This also is in the record, but we'll point it out specifically.

S

You know, I don't think it's in that pack. Is it it's right here? Okay,.

U

Okay, this is an email from commissioner wants to patricia and mike jordan today. What's the.

S

Date of it that is dated thursday june 17th, it is to patricia and mike jordan, with the cc to.

U

Kathleen farrell, what's it say, subject rec ship and container 3904 graver on road zone enclosed.

U

Case, michael and patricia good morning, I continue to look into all of the aspects of this issue and.

U

The code requirements to date based on the current code and parameters, I've been advised all aspects.

U

And actions are within what the code states, the container is permitted and they have done what.

U

Has been asked this case clearly shows there is a need to update our code, especially considering.

U

These containers can be requi can be acquired much cheaper than building a conventional shed. We are.

U

Seeing we are seeing an uptick in folks who are getting these things and using them for storage.

U

With that said, common sense tells me much needs to be done. Moving forward to address this and.

U

Efforts are underway to bring our code up to speed. I do know there has been an effort.

U

Made to reach out to your neighbors in the interest of putting up a buffer, which would.

U

Include possible, fencing, landscaping, etc. I have not received any word on how that is moving along.

U

We will keep you informed on that effort again. I'm sure this is not the answer you are looking for.

U

But my investigation has found our staff has done the correct work.

U

And the decisions made are spot on with the current parameters at set as set.

U

Forth by our codes, safest regards stephen wants district one carroll county board of colleges.

S

I've seen it, I don't have it handy, but.

S

I don't have that extra copy, I do, but I it would take me 10 minutes to find it all right.

D

Go ahead, there's one on the back of there! That's okay, I'd like to offer! This is my exhibit two.

S

Okay, that's all I have for mr martin at this time,.

A

Mr leahy, do you have questions of mr martin's testimony? uh Yes, I do. Thank you, uh mr martin.

T

uh I was gonna say you were president at the last hearing, but none of us were president. It.

T

Was a virtual hearing but you participated in it. Yes and you heard the testimony of kathleen.

T

Farrell at that hearing, yes- and do you recall her saying that when she gave you permission.

T

She thought it was going to be like a storage shed. I do recall and.

T

Oh, I'm sorry am I on yes, okay, when the when the red light's on it says I'm on yeah, that's what.

S

Confused me, uh the red light right up here. Oh it's up here, okay, okay, yours isn't going then.

A

This was on okay, so you understood from her testimony that she thought it was going to.

T

Be a storage shed and when it turned out to be this sea coastal container, she was upset.

T

That's what that was her testimony, yes, and that's not at odds with the conversation you had with.

T

Her is it, yes, it is okay. How is it at odds with the conversation.

T

You had with her, I told her. I was looking to get a shipping container.

U

A naughty storage shed. Okay, you said it was going to be a shipping container. Yes, okay,.

T

T

Bear with me a minute.

T

These are from the file that I need. I want to refer to instead, but.

T

They're too different from the zoning administrator file. Okay,.

T

From the zone administration file? Okay, so if you want to grab one of each okay.

T

Can we do that one fourteen.

P

Number already, this is two sides.

P

Because he's got this, I don't charge much. I hope not because.

B

Oh, I do have other pens, that's one page, okay, but there's multiple copies. Oh yeah, it's only.

P

A one-page exhibit, I just wanted the board to be able to have the benefit of looking at it.

T

So this is maybe the original 14. Oh obviously, the original is the last.

B

And here's this one.

T

Yeah I wanted to. I wanted to give all the other members.

T

A 15 that you maybe gave them all the mr simmons.

T

S

Is 14 the one that has this in in blocking part of it? Yes, that's why we have 15. yeah, that's 14.

T

14 has the gotcha thing in front of it: 15 doesn't gotcha and, and the purpose of that is to provide.

S

Together, a a full picture of the main license situation: correct, correct, okay, gotcha.

T

Mr martin, this is this is the first of all. What is what is exhibit 14? What is that show? Well, it says.

U

It's a top state of maine, long-term semi-trailer registration, so this is a registration in maine.

T

For this particular trailer, correct and 15 is a registration as well. Yes, it's just another part.

T

Just another part, and what is the vin number for this, which I think it shows best on 14.

U

uh The vehicle identification number is 198000.

T

Okay, where did you get that vin number? How did you.

T

Come up with that vin number, uh it was engraved on the side of the uh on the side of the trailer.

T

Okay, so that that vin number was on the trailer. Yes, when I bought it when you bought it, okay.

T

Did the state of maryland ever issue a vin number for your trailer.

T

I do not know, I did not see anything on there. Did you.

T

Take the this trailer that you had put together. Did you take it any place to be inspected in.

T

The state of maryland- I did not, did you, have anybody come in and inspect the trailer for you.

U

No sir, okay, um would you agree with me that this is a homemade trailer.

T

Yes, and when you went through to a plot, went through with the state of maine to.

T

I'm sorry when you went to the state of maine to get this trailer license.

T

Were you aware of the requirements in maine for homemade trailers.

U

I was made aware of what requirements I needed from the uh tag agency that I.

U

Went through, where was the tag agency in maine okay, so you went through a tag agency in maine.

T

Correct and they, where they tell you about the requirements for a homemade, trailer.

U

uh They sent me a packet of information that I needed to fill out.

T

Do you have the information with you now I do not. I had to send it back to him.

T

Okay, so going back to the homemade trailer, they did not tell you that a homemade trailer.

T

Had to have a vin number of at least 17 digits, they did. They told me that that was a.

U

Legislation that went in after this trailer was actually manufactured.

T

But it wasn't, but that was in existence at the time you went to license the trailer correct.

U

That's correct, they didn't. They didn't think that was an issue. Apparently not they didn't say.

U

Anything to me did they tell you that the homemade trailer had to be issued a state of maryland.

T

Then they did not, did they tell you it had to be inspected in the state of maryland. They did not.

U

I can add that they did tell me that it would need a state of maryland vin if it did not already have a vent on it.

T

Now I think you did testify that this trailer's been there well. It became a trailer apparently in.

T

April 2021 so some 14 months ago it has never been moved as a trailer hasn't. That's correct.

T

What vehicle would you use to move a tractor or truck or whatever? Well, I think, as I testified last.

U

Time I have two that would be capable. I have a f-250 ford truck with a diesel engine and I have a.

U

Suburban with a diesel engine as well, do you know what they're rated for in terms of.

T

Hauling ability or how much weight they're weighted to be able to pull.

T

I think we went through this last time. The towing capacity of the truck is.

U

Around 15, 000 or so, and I'm not sure what it is on the suburban.

T

You mentioned that the uh the trailer um is 9 900 pounds, that's the maximum gross vehicle weight. Yes,.

T

When you say that's a maximum maximum gross vehicle rate.

T

What do you mean? That's the maximum. It can weigh when you hit the roads in the state of maryland.

T

Do you know what this do? You know what this trailer weighs now empty.

W

I do not so you're saying that you could load it up until it got to.

T

Be 9 900 pounds and you believe it would then be legal on the road. Yes,.

T

Did anyone advise you when you were converting this to a trailer? Did you receive any advice.

T

Somebody from anybody uh knowledgeable about trailers about how to convert it. uh Just some.

U

Stuff on the internet and youtube okay, so you looked on the internet and youtube and then you.

T

You made the determination to fix it up as a trailer as we've seen in the pictures. Correct.

P

Maine doesn't do that.

P

P

P

I don't have any further questions of mr martin. No, no, uh no re-direct.

A

Does anyone in the audience have any questions of mr martin's testimony board members.

A

The other two have said: no. Okay. That concludes our presentation.

A

Okay, wow, we have some rebuttal: oh okay, sorry rebuttal witnesses, then, um okay, very good. Mr lee.

A

Mr stoms, would you do you want him to testify from here? I would prefer to be.

T

Able to see him, why don't you go there? So, no problem, so we don't keep changing microphones.

T

You sit right there here.

A

Wait a minute, mr stomps, you were not here when we.

A

um Swore in witnesses, so I'm going to ask you to stand and please raise your right hand.

A

Okay, do you swear or firm under the penalties of perjury, that the testimony you were about to.

A

Give is the truth, the whole truth and nothing but the truth. Yes, I do very good. You can have a seat.

T

Mr stams, you testified at the previous virtual hearing on january.

T

I think it was january 25th 2022., yes, it was thank you. Could we get his full name again? Please sure.

X

Lewis, louis sam stams junior, how do you spell your latest name, s-t-o-m-s m, as in mary t-o-m-s,.

X

M is amazon mary? Yes, thank you.

T

Okay, uh as I started to say, you testified at the last virtual hearing.

T

And at that time the board accepted you as an expert witness with regard to commercial.

T

Trailers, correct okay: did you look further into the procedure for registering the trailer in maine.

X

Yes, I've known the procedure for a long time, but I did do look further into it at that time.

X

Yes, I'd like to object um to this in what I believe will be this entire line of testimony.

S

Which it sounds to me as, if, based on the cross-examination of mr martin.

S

And now the opening question to mr stoms that mr leahy would like to.

S

Litigate the issue of the main license before this board.

S

I am not aware that the board, in fact I submit that the board does not have jurisdiction, nor does.

S

It want jurisdiction to hear evidence regarding the validity or non-validity of a main license tag.

S

And decide up or down on that validity, it's not in your expertise. It's not in your powers.

S

You have the power to decide. Variances, you have the power to decide uh administrative decisions.

S

Made by county officials, you don't have the the authority nor the expertise, nor should to decide.

S

The validity of the main license there is a main license. It's on the if mr leahy or miss farrell.

S

Or mr mrs jordan would like to challenge that, I suspect they could find out a way to do that.

S

Through the maryland department of transportation or the maine department of transportation,.

S

Not through this board, I'd like to be heard the whole absolutely the whole issue, which was.

T

Testified to at length at the first hearing is that this trailer is not legal.

T

It does not meet safety standards, it cannot be driven across the roads of the state of maryland.

T

It's not properly and and as part of that, we will show that it's not property license under maryland.

T

This is only going to take five seven minutes, there's not a lot to it, but it's information. This.

T

Board should be aware of in making its overall determination whether this is a commercial trailer.

T

Under the purposes of the carroll county zoning code, and that which we've talked about a little.

T

Before and and that's part of our argument and the appeal there's a reason: it's not a.

T

Commercial trailer, the commercial trailer, has to be something that's usable as a trailer.

T

It just can't sit on there with like a pig with lipstick. I mean it's got wheels and it's got a.

T

Stiff hitch and it's not moving anywhere and it's never moved anywhere. So I think.

T

The board should hear this testimony from who's been recognized as an expert.

A

Both of you have made valid um comments here concerning this case, but.

A

um We'll see where the questioning goes at this point and we'll go ahead and allow the questioning.

B

Are we up to 16 yeah 16.

B

All these 16 or no they're, just it's a two-page, exhibit.

T

Fifteen dollars he's done all the work. ah Saving me money.

T

T

Mr stanz, I'm showing you what we have just.

T

Marked as exhibit 16 for the board and asked if you could identify what exhibit 16 is well.

T

It's how to register your trailer in the state of maine and it basically covers if I want to take a.

X

Commercial trailer and register in the state of maine that I need to send them a 17-digit serial.

X

Number, which is assigned by the manufacturer, certifying that it is made commercially.

X

Viable for the road- and it also states downtown four if your trailer is homemade.

X

Or your vin number is less than 17 digits, it will require a different form and it also requires a.

X

State assigned serial number and, in the you know, state of maine to register a homemade, trailer and.

X

You know that's in the state of maryland. If you go to register homemade trailer, you have to get a.

X

State assigned serial number to it, which requires taking the trailer down to glen burnie and getting.

X

That state assigned yeah I'm going to I'd like to renew my objection. This just confirms to me.

S

That we are being led down the rabbit hole, a whole strain of testimony.

S

As to which focuses on the issue of whether or not this vehicle is properly registered in the.

S

State of maine- now I'm not prepared frankly to litigate that issue here today. If I knew that were.

S

The issue, if I were going to a d.o.t hearing, I would have called the agency that he used in maine.

S

Maybe- and I would have gotten information um in fact, you heard mr martin testify that they told.

S

Him that the legend that this some of this stuff in here, for instance, the length of the vin number.

S

Didn't apply because the legislation didn't play? Are you prepared to decide the issue of.

S

Whether or not that's proper or not, based on the testimony here today, I'm not prepared to defend it.

S

Mr martin should not need to defend it. The fact of the matter is mr martin, and and and by the.

S

Way this was never brought up to j voigt. This was never brought up to j voigt when he said this is.

S

A licensed vehicle um and you're here we're here on mr lay's appeal of mr voight's decision. Now how.

S

Do we well, and and and on top of that, it's going to take a lot of time and and it's not relevant.

A

I I understand what you're saying mr shaffer, but.

A

I would hope that the the board can distinguish what facts we need to do. We need to uh listen to.

A

In making our determination in the case here so I'm going to allow them to go forward, and mr leahy.

A

Again, mr shaffer makes some valid points here, and what does this have to do with the appeal of the.

A

Zoning administrator's decision. Well it again, of course it goes to the whole heart of the matter.

T

Which this is not a viable commercial trailer, that's road worthy now, his testimony at the last.

T

Hearing was very clear about all that and- and it's been basically never contradicted- this is just.

T

Adding the fact that what one has to do to get it done this, this goes to the issue of whether or not.

S

This is a viable trailer because it's not properly registered he's already put on all his evidence.

S

Of why it's not a viable trailer, mr steins has testified the last time about road worthiness and.

S

The brakes and the this and the that, in fact, well, you know in my clothes, that's all in a record this.

S

Clearly is is attempt an attempt to prove this is not properly registered. Therefore, it's not.

S

A a a illegal vehicle and that that information can be considered by the board in its discretion.

T

And they can weigh they've heard. uh uh Mr martin testify that he went through some agency and they.

T

Told him over the phone that everything was kosher. I think it's fine that the board understands how.

T

One goes through to register a trailer in maine, and this expert is simply doing that.

T

And we're about finished anyway, on it we'll go ahead and allow miss martin, it's no! No, no.

A

No, no! No! No wait! Mr mr stom is the witness at this point and unless you're called.

A

Okay, but but we'll have to wait on that, okay, mr leahy, you can you can continue.

T

So um mr stomps for mr martin to have gotten the maryland-issued vin he would have to have.

T

That taken to glen, burnie and inspected yeah, we had to be inspected and a state assigned.

X

Serial number to it- and I was- I have never done- that in the state of maine as the state.

X

Of maine to assign a serial number, but I would assume the state of maine is the same because.

X

Normally, when a state, any state is assigning a serial number to a unit they're going to.

X

Personally, inspect it themselves verify that you acquired all the components together.

X

Correctly- and you know it's not something stolen that you're trying to reassign a number to.

X

So that's why they require you to take it to some form of a state agency to have it inspected and.

X

And here in maryland, it happens to be down in glen burnie. I don't have any further questions.

T

Than mr stones, no questions, thank you um board members questions. I have a question.

H

So I'm reading number four on how to register your trailer, okay and it it references if your.

H

Trailer is a homemade trailer or is your vin number less than 17 digits and then it says all.

H

Of these steps that you need to go through, which is what I think mr stam's just enumerated to us.

H

Can you help me understand how I'm looking clearly at a state of maine.

H

Registration that has a 10 digit vin number. If it's not allowed, why would they have issued that.

X

Well, if I can interject some of my own personal opinion, the state of maine, you can send the.

X

State of maine, almost anything you want for a trailer and they will register it long as.

X

You pay for the tags and they'll send them to you, and we have done that in the past. All the.

X

Ones that we've sent up there are 17 digit serial number because they were manufactured trailer and.

X

I've registered several trailers with my companies over the years in the state of maine. It's a simple.

X

Process and send them the money and they send you back the title and send you a tag. And but this is.

H

In fact, a legal registration is what you're saying, regardless of their process, regardless of what you.

H

Perceive, as you know, it's it's easy just to send the money it. I mean this obviously.

X

There is there's no determination when you register trailer in the state of maine. I can take.

X

A trailer it's on my yard that has 17 digit number that can have tires and brakes and everything that.

X

Would never pay us d.o.t, send the information to maine and I can have a tag inside of a week.

H

Legally yeah, legally from that point of view, but it's uh it's not roadworthy and uh you know.

X

You're kind of just I don't know to me, you're just covering something up switch to them with it, but.

X

That's that's my own personal opinion. I'm sorry! If I'm outside of what I supposed to do, but the.

X

You know when you make a homemade trailer. The agencies are usually wanting you to.

X

Certify that it's road worthy and and when you sign the title, work to go to maine. uh If.

X

You read all the fine print you're, definitely certifying that something's rude worthy and.

X

You know gonna be inspected, uh but there's nobody that comes and inspects it and checks for you.

A

Okay, any other questions of mr stom's testimony.

A

Okay, very good, mr leahy, any more rebuttal witnesses. I do um kathleen pharrell. Would you.

T

It's farrell farrell. I know thank you. Somebody's listening to battle names anyway, to be honest,.

Y

You want me to sit over here. Yes, please.

S

I'd like to object- and the reason is I I have I've- heard no reason.

S

Why this this is new evidence. Maybe it is uh maybe there's a proffer that there's new evidence here.

P

Okay, what's this.

S

I'd like to object to the new evidence, I haven't seen it yet so.

T

This is this: is a recent picture and and showing what's out there now so objection.

S

This is clearly designed to prejudice the board by attempting to show that mr martin's yard is sloppy.

S

Okay, it has nothing to do with whether or not mr voight's decision that the trailer is legal.

S

Is is right or wrong and that's what we're here for.

T

And why this is relevant. Is that again the argument we've made already and we're.

T

Going to continue to make is that, under the carroll county zoning, a commercial trailer.

T

Has to be a trailer being used for its purpose by the homeowner, and this is a trail, a commercial.

T

Trail or something you take on the road and move things with you don't just stick tires on.

T

Something never never intending to move it and put it on your property and call it a trailer.

S

I would just like to say that.

S

Mr and mrs martin and I.

S

Purposely decided at the very beginning of this case not to take photographs of mrs farrell's.

S

Property and show them to you because and I'll profit you that that wasn't pretty.

S

Because I advised, mr martin that that's not relevant to whether or not mrs farrell.

S

Could make a complaint about this trailer, so I stand on my objection.

A

We're going to allow this into evidence and we'll see where mr leahy goes with this.

B

Okay, you guys so we're clear the one where that you can see the full school bus is 17. and the.

B

One that you can just see a part of the school bus is 18.. Okay, I didn't get. I didn't get 17.

A

Showing the full.

C

T

Which one are you missing, I'm getting the full the full uh photo 17.. Okay,.

T

I'm showing you what's been marked, as exhibit 18, which shows just a part of the school bus you took.

T

That picture I did how long ago was it taking um a few days ago, okay, and um that number 18 shows the.

T

um The trailer in question right now has that trailer been moved since it was licensed as a.

T

Trailer in april of 2021. objection asked and answered during the last hearing. Well, it was.

T

Another five months have passed, which is okay,.

Y

Go on blocks but other than that it has never moved. Could you identify the witness please? Oh.

A

I'm sorry, mrs farrell, could you please identify yourself carroll, kathleen ferrell.

K

Yeah sure 3908 grave run road miller's maryland. Okay, I would move these evidence 17 and 18 into.

T

Evidence uh 17 was also a picture taken by you in the last few days right objection for the record.

A

Okay for the record, this is objective too, but we're going to allow those in okay. You heard.

T

Mr martin testify during his examination that he contacted you about bringing this.

T

Property, uh yes, did he tell you, it was a sea container. No, that's not my recollection.

Y

Of it he told you it was a storage container. That's my unders was my understanding, so indeed,.

T

You understood it to be like a storage unit, yes, and that's why you gave him permission to come. Yes,.

T

All right, I have nothing further, miss farrell. Is it possible? You misunderstood.

Y

Well, you know this is how how long ago, my recollection is that he called it.

Y

That it was a store, a storage container, not that it was a sea container. What's this, what.

S

Is your a storage shed? That was that's my record storage shed. You mean like something.

S

You would buy at uh home depot or something like that- that type of thing yes yeah and.

S

If, if that were the case, did you wonder why he would need special permission to come down your.

S

Driveway for that, no, I didn't wonder about it and you had no objection to him doing the doom.

S

Storage shed, no, I don't. I don't have a problem with the storage shed. I think that fits into.

Y

The area did you, do you recall the the conversation was on your front porch? Wasn't it.

S

Actually, I think it was in my driveway down near his house. Okay, and- uh and uh did you question him.

S

About the the the the identity of what he was wanted to put on there, no, he we talked about it.

Y

For a few minutes we probably had a five-minute conversation. Yeah I mean you didn't say: is it.

S

Gonna have a roof, is it gonna have two doors? Is it going to have any windows? You didn't you didn't.

S

Ask that, nor did he tell you that right, no, because it didn't cross my mind. That would be something.

Y

Different from a storage shed, okay, when you saw it, you didn't like it right. What do you put up there.

S

Okay and you drive down your driveway and that's when you can see it right, yes, but then, once you.

S

Get over the over the hill so to speak and go down to your house, you can't see it anymore. Can you not.

Y

For not once I'm inside my house, if I'm out on the property, I can see it yeah, you can walk up to the.

S

Top of your property and see it right. Okay, thank you. No further questions, no further questions.

A

Mrs farrell, sorry any questions from board members. No okay, very good.

T

At this time, I'd like to submit a memorandum.

T

That's in response to the motion that pep that the appellate made to dismiss.

T

Where he cited the ups case- and we argued about it before the board decided to allow us to go forward.

T

But I thought I'd like to have this memorandum and I may refer to that in an argument. But.

T

I did want to address that open issue.

T

And with that, I don't, I do not have any other witnesses.

S

I don't have any rebuttal, no rebuttal witness mr schaefer no rebuttal. I would ask for a 10-minute.

S

Recess so I could re re-uh and go ahead and do that about a 10-minute recess. Then.

A

We're going to call the bza back to order.

A

Mr leahy, you want to follow up on your handout before a break.

S

Well, I think it's closing argument time, but I didn't know if he wanted any any comments about.

T

We can address my memo and then do closing arguments he's going to get him during closing.

S

Arguments he's going to get comments. I'm fine with reserving closing comments to include my memo.

T

As well as other closing comments, okay, speed things along.

A

I just didn't want to teach you out of the opportunity to address that. Thank you, okay, so.

A

With that presentation of testimony and evidence is now closed and summations are in order, the.

A

Applicant is first and then interested parties and protestants followed by the applicants. Rebuttal.

A

To complete the presentation of the case, mr leahy, thank you. I'm going to start with the memorandum.

T

Please please remain seated so that we can get your every word recorded. Well, that's easier on me.

T

Too, thank you. Thankfully, I'm going to start with a memorandum. um The board may recall uh mr schaefer.

T

Made a motion to dismiss during the last hearing which the board, I think you reserved on it. I don't.

T

Think you technically granted it or denied it. I think you might have reserved on it, so I wanted.

T

To address it, and what mr schaefer uh referred to uh in the motion to dismiss is the ups case.

T

Which was decided by the court of appeals in 1994, which arose out of a baltimore county transaction.

T

And we believe the ups case relied upon is clearly distinguishable from what's going on here. So I'm.

T

Going to talk about a little bit, the ups case involved a baltimore county zoning commissioner.

T

Who received a letter from ups saying, is this proposed use I want to do? Is it permitted and.

T

It was a warehouse that ups wanted to build, and the zoning commissioner actually wrote.

T

On the margin of the letter, no, this is fine. It's permitted and sent it back.

T

Thereafter, the carroll county building engineer the baltimore, I'm sorry, the baltimore county.

T

Engineer, which is the person with authority issue, building permits issued a building permit.

T

In october of 1986. well, the permit was issued. Ups began, construction and a citizen wrote a letter to.

T

The zoning commissioner, not the building, engineer, arguing that ups had to have a special exception.

T

Because he argued it was a truck terminal, not a warehouse. The zoni administrator responded.

T

By saying no, it remained his opinion, it was permitted and he wrote a letter january 19 1987.

T

Saying that the citizens and others then appealed from the letter written in january, 1987.

T

The baltimore county board of zoning appeals permitted the appeal to go forward, but they said.

T

It was from the original july 1985 notation that the commissioner had made and that the reason they.

T

Let it go forward, even though it was long past 30 days is. They said, we're going to use a discovery.

T

Rule that that is used in statute limitations cases that, because the protestant didn't discover.

T

It until much later we're going to let him do the appeal. Much later, the court of special appeals.

T

Determined the appeal was appropriate, but they said it was appropriate because it was an appeal.

T

From the january 1987 decision by the zoning commissioner, ultimately maryland's court of.

T

Appeals determined the appeal was not permitted under either theory and the reason was because.

T

The decision in terms of the court of appeals was the building engineer's determination to grant.

T

The permit that was never appealed from that was the applicable applicable thing to be appealed.

T

From the zoning administrator didn't have the authority to do that, and so in january of 87.

T

When the zoning administrator said I'm not going to reconsider it, there was nothing to appeal from.

T

The reason that case is so distinguished from this case is, in this case the proper.

T

Official to make the determination is, in fact, the carroll county, a zoning administrator.

T

He made that decision in april 19th 2021, no one communicated to interested protestants.

T

Until more than 30 days was later, unlike the baltimore county case, where the interested.

T

Citizens simply reiterated, we don't think this is proper. We think it needs a special exception.

T

We in fact introduced valid new information that we thought the zoning administrator.

T

Was required to consider and that new information was detailed in our letter, which is attached.

T

To our application and the the new information that was relevant and important was that.

T

To be permitted as an accessory used, a commercial vehicle must be actively used by a full-time.

T

Resident of the single-family dwelling- and we explained to the zoning administrator.

T

We sh we attached a series of photographs showing the sea containers showing what it was set up at.

T

And we explained that this commercial, trailer, so-called commercial trailer, had never been.

T

Moved had never been used as a commercial trailer probably couldn't be used as a commercial trailer.

T

And based on that, we asked mr voight to reconsider his decision.

T

And he had authority to reconsider the decision, unlike the baltimore county case.

T

So we believe that this case is properly here, that it should not have been. It hasn't, been dismissed.

T

But we ask you not to dismiss it based on mr schaefer's motion that it's proper for you to.

T

Hear it because this case is much different than the case relied upon by mr shaffer may I address.

S

Is the emotion to dismiss or are you is that yours? These are some asian comments, mr schaefer.

A

uh You'll have the opportunity to rebut those or address those in your summation um comments and.

A

We will, in all likelihood in our deliberations, um uh rule on that.

A

Before we make a decision on the case- and I under I understand that uh what I thought.

S

Would be, and it's up to you obviously would be a better- is there's two issues here. One is.

S

Should the case be dismissed and the second one is who who wins if it's not dismissed.

S

Is j voice decision we can take care of them simultaneously: okay, okay, it's fine! Okay, thank.

T

You moving to the issue here about whether this is in fact a proper commercial vehicle. Again I.

T

Returned to my august 13 2021 letter to mr voight asking him to reconsider, where we specifically.

T

Pointed out the commercial vehicle is a trailer, it has not been moved, it is not likely to be capable.

T

Of being moved and therefore it doesn't meet the definition within 158 056 b. Now since then,.

T

We've had the the trial in january and uh we've had today's trial and.

T

I think mr stahm's evidence as an expert witness is compelling and uh the board heard it in january.

T

We just addressed an issue about maine licensing today, but he has been unequivocable that this.

T

Commercial trailer is not capable of being legally moved, it's not capable for all.

T

Kinds of reasons we talked about the wheels we talked about the axles, he talked about the hitch.

T

He showed you pictures of appropriate commercial trailers such as this sea.

T

Sea container, you know they're on massive trailers, with heavy support.

T

uh They're being moved by tractors with the fifth wheel and they're scituates, so they're.

T

Sitting over the eight double wheels of a tractor trailer, I mean this is so far removed from that.

T

And then we also have the clear evidence that it's never been moved and you can see from the pictures.

T

From submitted in the earlier hearing, the picture just submitted today, it's sitting there in a field.

T

Where there's trees, where it's grown up, this is not a commercial trailer being actively used by.

T

A resident and again for a commercial trailer to be actively used, it has to be used as a commercial.

T

Trailer, you have to take it out and move things in it. That's where the commercial trailer is.

T

If the commercial trailer can sit forever and never be moved, then that's just a subterfuge to.

T

Get around the fact that this is a sea container which was not allowed to be used, so I think.

T

I think that the evidence is very clear. This is not a road worthy legal. It may have been.

T

Tagged in maine, but that is only says maine says you got a tag on it. It still has to be.

T

A viable commercial, trailer capable of being used and being used by the owner.

T

To fit the accessory, so I would we would ask that you um reverse the decision of mr voight and.

T

And rule that in favor of us on the appeal that this is not a bona fide commercial trailer.

T

Thank you, mr shaffer. Thank you, mr chairman. Members of the board.

S

The legal determination here on the motion to dismiss is, unlike.

S

Many instances where this board has called on to read the law.

S

Get advice on the law and then apply the facts to the law and the reason it's different is this is.

S

Pretty much cut and dried and I'll explain why I say that in a second, this is not a schultz v pritz.

S

Is it harmonious, are there adverse effects, that's the law, and then you get to decide the facts.

S

In this case, the there the facts are very clear, and the facts are that under section 158, 131 b.

S

Appeals from decisions of the zoning administrator shall be made to the bza, as provided in 158.133 d.

S

158.1 d2, the appeal shall be found. Paraphrasing here appeals shall be filed within 30 days.

S

From the date of the action being appealed, okay from the date of the action being appealed.

S

Now uh uh the the up and the action being appealed is j. Voigt's decision that this.

S

Is a legal trailer and it's allowed to stay there? Okay, that's the action being appealed and, in fact,.

S

If you read mr leahy's appeal the last sentence of it, it says this appeal is being made from the.

S

Zoning administrator's decision not to reconcile talk about this in a minute not to reconsider.

S

And determining that the martin c container is a commercial trailer.

S

Permitted as an accessory use under 158 056 b, that's the action being appealed. Okay, now.

S

When was that appeal filed that appeal was filed, let's see, do I have it here september 29.

S

2021, that's when the appeal was filed now that had to be within 30 days.

S

Of the action being appealed, okay, I did a little timeline here. This.

S

Thing's, as you heard from the evidence, this thing started in june of 2020.

S

In april of 2021, the in in, according to the email mr leahy introduced, the decision was.

S

Made and the decision was and furthermore, unlike the ups case and I'll, get to that in a minute.

S

The facts here are much more damning than they are in the ups case and I'll tell you.

S

What, unlike in the ups case, the jordans and the pharaohs, were in on the thing, the whole time.

S

Or most of the time toward they were copied on these emails they went to commissioner, wants he.

S

Got involved he communicated with them. They were told unequivocally by wants by scott robinson.

S

That the decision was made and they lost okay now did they file an appeal within 30 days. They didn't.

S

File an appeal within four months: five months: okay, but you know what they did. They had a good lawyer.

S

And that lawyer, without being familiar, probably with the ups case, said I know.

S

How we can get an appeal he he knew exactly what the problem was, and he said I know what we can do.

S

We'll file a letter to j voigt, saying jay: please reconsider your decision. Here's! Why.

S

And then jay voight sent him a letter back saying we're not gonna, I'm not reconsidering okay,.

S

I'm sticking with the original determination that I made three or four months ago and then.

S

Mr voice attorney mr allman sent mr leahy a letter. Saying yeah, you missed your 30 days bud. Sorry now.

S

Those are the facts before you today uh and, and the the record is replete with communication.

S

So so the point is this factually and not that I don't even need this, but it sort of helps me.

S

The jordans and the pharaohs were well aware that there was a decision being made on this.

S

Sea container on this property, I mean they were in it all over the place. Now, here's.

S

What happened in ups? And if you were confused by mr leahy's argument? Here's what happened in ups.

S

Ups went to the baltimore county zoning administrator. They call him a commissioner.

S

Down there and said: can we do a facility on this piece of ground and the zoning administrator said.

S

Long story short said: yes, I think it's a warehouse, it's permitted use. Now they had attorneys upset.

S

Attorneys they got it in writing from the zoning administrator. Okay, four five six months go by.

S

They come in and get a building permit this stuff about the building.

S

Engineer he's talking about baltimore, it's a red herring. They come in and get a building.

S

Permit the zoning administrator signs off on that zoning on that on that uh building, permit.

S

Now meantime who's the plaintiff here yet people's counsel, mr mr somebody, some neighbor.

S

Sometime after that looks out his window one day and goes what are those backhoes doing over there.

S

In that field and he starts inquiring and he finds out that ups is putting the trucking a facility.

S

There- and he calls the lawyer and the lawyer, looks at the zoning law and says: that's not a and calls.

S

I'm sure calls his zoning administrator and goes what the hell is going on here and the zoning.

S

Administrator says: well, it's it's a warehouse. It's permitted use they've, gotten all their permissions.

S

They got site planned whatever they needed, they're good guy goes. No, it's not it's a trucking facility.

S

So he's so he does what mr leahy did. He sends a letter to the zoning administrator. He goes please.

S

Reconsider your decision, this is not a warehouse. I've got new information, just like mr lay says.

S

I've got new information. I'd like to present to you this thing it can't be actively used. You know.

S

As if jay didn't know that, or whatever, okay and and zoning administrator says just like.

S

Mr voight says: I'm not reconsidering my decision. Here's a letter, I'm not reconsidering my decision.

S

They then file an appeal within 30 days. They had a 30-day appeal period. There too.

S

These are very common in in the zoning field. They follow appeal within 30 days.

S

Long story short forget about the court of special appeals and everybody else. It goes to the court of.

S

Appeals of maryland, which is maryland's highest court and those are the facts that are laid out.

S

Now keep in mind in that case it was very clear that the gentleman I think was a gentleman that.

S

Filed the appeal that tried to file the appeal, he had no clue what was going on until he saw those.

S

Those backhoes out in the field or whatever he saw until he saw the construction activity.

S

Court of appeals said you missed your 30 days bud it's a very strict role.

S

It's not a statute of limitations, there's no discovery rule here, mr lay referred to the.

S

Arguments that were made to try to get the court to say you know you can you I didn't know about it.

S

Sorry, you, you are out of court, that's the law of the state of maryland, a decision.

S

By the court of the court of appeals, the highest court, now, as I say, this situation,.

S

Is pretty much on all force with this, except for the fact that in this case the jordans.

S

And the pharaohs were well aware that this was going and furthermore were well aware.

S

That the decision was made, they sat on their rights. Now that sounds harsh. Maybe.

S

I don't know if it sounds harsh to you or not sounds technical, but it's the law number one.

S

And number two think of why that law's. In effect, if you could appeal zoning administrator decisions,.

S

Let's assume you knew about them, you know at any time by just sending a letter and saying.

S

Hey, I noticed my neighbors putting a garage out there. I don't think it's allowed in the zone.

S

Well, meanwhile, you know what the neighbor did. The neighbor went in got a building permit.

S

Got a zoning certificate hired a contractor, put down a twelve thousand dollar deposit, the backhoes.

S

Are out there they're digging the guy says. No, I'm sorry! I'm appealing that I got a lawyer.

S

And uh we and let's you know that that.

S

Is one one major reason why this is in that's not fair. It's not fair to people like mr martin.

S

Not fair to anybody to have that system. This is a clear-cut case. This is even better than.

S

The ups case, because they knew about it, this one there's no real equitable, claim that gee.

S

We got gypped out of it, we didn't know what was going on. This is all done behind closed doors.

S

As I said, the emails are replete they called. Commissioner lance. Commissioner wayne said sorry.

S

I looked into this, they told he, commissioner lance said, sent letters to send emails to mr voykun. How.

S

Can this be, this doesn't seem right? Can you look at this again yada yada, so that's very clear.

S

um And I and I and it's not a it's not really. In my opinion, a judgment call in your case.

S

For this reason, there's no real dispute as to the facts here, the facts are the appeal was filed and.

S

The decision was made on about these dates. You know when the when they're in the email, the.

S

The email that he put in evidence is one of them uh in april four months, three four five months.

S

Go by that's when the appeals filed so there's no real factual leeway here and the law is clear now.

S

I'm gonna, if, if you dismiss this case based on that argument,.

S

I would urge you to go on and consider the merits of the case for the purpose of appellate practice.

S

So that, if, if it goes to the court and if the court says you're wrong or right or whatever.

S

And then the court says, but I don't know how they would have decided on the container itself.

S

I'm just suggesting respectfully that that would be an economical type way so that it doesn't get.

S

Remanded, if it would now, the argument on the merits is is is quite this. This stuff, I'm still.

S

Not sure I understand this stuff trailer sea container licensed vehicle, but I will say this.

S

um The evidence shows that this is under 10 000 pounds and if you look at 158 056.

S

The definition of commercial vehicle this is this is the section that defines commercial vehicle.

S

Shall mean a motorized vehicle of 10 000 pounds or more well, that's not us we're not motorized right.

S

A trailer capable of gross vehicle weight of 10 000 pounds or more capable of that's a little bit.

S

Mealy but I mean I guess I don't know if it's been proven or not. Maybe you could load this thing up.

S

I'm not sure you heard mr martin's testimony it. It's limited to 10 000 on the road.

S

Or a trailer which may be used for commercial purposes,.

S

Maybe I guess I mean I guess that's every trailer out there right, because if the guy calls you up.

S

And says: hey I'll, give you a hundred dollars to bring me uh bring me a cow and you can put.

S

A cow in the trailer- I guess that's a commercial purpose, so I get it's a little bit sloppy and.

S

I got to admit I was on the committee that that drafted these things or helped draft them back in.

S

Back in the early 80s, because I can tell you that solway smith, the old zoning administrator she used.

S

To get a bunch of calls about, my neighbors parked his truck out there, and I you know and then and.

S

It's like a it's, a it's a 18-wheeler, you know and or my neighbor and it's like well ma'am. That's an.

S

Odds, you know: that's a nuts potato chip truck, it's okay, the guy does that for a living. You know so.

S

She would just she made up her own rule, which is, if the guy drives it and he parks it. So he doesn't.

S

Block sight distance, I'm not I'm not saying it's illegal. Well, we tried to codify it in this.

S

And you can see that what what was tried to be done is, if you have a bigger lot, you can get more.

S

Vehicles and then we put in that actively used again I mean that's a tough call, poor jay voigt.

S

Trying to trying to figure out, you know what actively used me, but anyway, then it goes on to.

S

Say, let's assume we are a commercial vehicle under this definition, then it says commercial vehicles.

S

Parking one on a lot of an acre or or upon a lot of one acre or less.

S

We're a little over an acre. Aren't we yes, so we're we can park two commercial vehicles on ours.

S

Okay, because we're we're a greater one, acre, that's the second section, but the same same.

S

Criteria starts applying must be actively used by a full-time resident of dwelling.

S

Okay, he's a full-time resident of dwelling. He actively uses it for storage. He has not.

S

Actively used it to take it off the property and drive it since he put it on there, it is what it.

S

Is those are the facts? Nobody tried to fudge it here today, which is a little bit unusual.

S

For some of your hearings, I think nobody tried to guild the lily. uh You know you you've heard them.

S

The commercial deals should be part complete within the boundary lines, no problem there. The.

S

Commercial vehicles should not be parked such it blocks adequate sight, distance, no problems there.

S

Actively used, that's what he's that's, what their thing is not actively used. Therefore, it's illegal.

S

Under this section, okay, now you've heard testimony. I believe mr stams testified it at the beginning.

S

I wrote it down when I listened to it some. It would not be illegal to use it on the public roads.

S

In his first testimony, not that so it could be we're not denying it has not.

S

Been used on the public roads all right, so he gets it licensed, which he thinks.

S

Based on conversations is is like to solve. Okay, um so, and I don't know whether it is or not, but I.

S

Will say this? The next section of the code 158.057 deals with outdoor storage of unlicensed vehicles.

S

And that says, for the purpose of this chapter, an unlicensed vehicle should mean a vehicle.

S

Previously licensed or required to be licensed to operate upon the public roads in this state.

S

Excluding mobile homes, okay, previously licensed okay, so he's licensed right now, right, let's assume.

S

He said well, he is he's, got we got, we got the pictures, then it says one unlicensed vehicle shall.

S

Be permitted as an accessory used to a residential dwelling upon a lot of three acres or less that's.

S

Him he's three acres or less okay, so sounds weird: doesn't it we'll just take the tag off.

S

He won't be licensed anymore now. We've already established, mr mr leahy's argued strenuously.

S

That he's a commercial vehicle note the word vehicle he's a commercial vehicle.

S

Unlicensed vehicle may be permitted as an accessory use for residential.

S

Dwelling blood upon life we're there so we win, it sounds crazy. I know it's.

S

I don't know if that's the intent or not, but it seems to me that's what it says now.

S

One last point just sort of in general: this is not a covenanted homeowners association, community.

S

This is graves run road. This is rural country. This is ag zone, property.

S

This is where you might see some things that certain urban dwellers might think are ugly.

S

um And you know, and and maybe they you know it's a matter of personal ta- I don't know.

S

But this is not an egregiously uh offensive type situation, given the area now I know that's not the.

S

Determinative factor you're required to look at the law, but I know you also consider the general.

S

Health safety, welfare concerns, and I would point out to you that, in the circumstances of this case.

S

This is not something that should shock somebody's conscience. Okay, maybe not something.

S

You would choose, maybe not, but you bought in a rural community. You bought, you know in an area.

S

Where there's no covenants and you've lived there and you've taken advantage in many cases.

S

Of the looseness of that to park your son's unlicensed, you know any vehicle out there or.

S

Maybe a couple motorcycles whatever. So, in summary, I think it's very clear that this case should be.

S

Dismissed because they didn't file within 30 days of the action being appealed from and mr leahy's.

S

Own own appeals papers says he's appealing from mr voight's refusal to reconsider. Sorry, you just.

S

Don't get those extra bites at the apple? You sat on your rights. You were involved in the situation.

S

For a year for about a year, or so, if it was that important to you, you should have either.

S

Called a lawyer or done something else, it's fairly harsh, but we've got to end somewhere.

S

We've these decisions have to be, and that's what the court of appeals said. So I thank.

S

You for your attention uh to this case, mr leahy, do you have any um rebuttal? I certainly do.

T

I'm amused that mr schaefer is talking about how my clients were well aware.

T

About this licensing of a commercial vehicle, they were strenuously involved. The jordans, especially.

T

In keeping track of and and that's in the record in terms of the all the all the.

T

The zoning administrator's notes they were very much on top of it because he kept getting he he'd.

T

Get a six-month hardship, then you get a two-month extension, another two-month extension. So in that.

T

Record you see the jordans in march said: what's going on, oh, he got another two months. Extension.

T

Then, before that, about the time that two month, expansion was up, was when mrs jordan emailed.

T

Scott robertson on may 24th and said: what's going on, did you give them another extension.

T

And for the first time they were told: oh no, it's a commercial vehicle. It's completely legal.

T

So this well aware is just not factually accurate, so I want to go over the timeline a little bit.

T

April 19th j voigt determines it's a commercial vehicle and period permitted as a matter of right.

T

May 26 more than 30 days later and they had to inquire about it. The jordans are.

T

Told, oh no, it was already granted, so it's already too late for them to do anything.

T

August 13th is when I write a letter to j voigt, asking him to reconsider the decision he made.

T

In april and I presented him with lots of new information, he did not have in april.

T

Now mr schaefer argued that the baltimore county case was very similar because they presented.

T

New evidence, well, that record doesn't show they presented new evidence because they didn't they.

T

Asked the exact same thing of the of the baltimore county, zoning administrator: hey! Doesn't this need.

T

A special exception and the administrator said: no, they gave him no new information.

T

So this is entirely different and, as I've argued in my memorandum- and this is also important, uh mr.

T

Voigt was the decision maker, unlike in baltimore county, where the zoning administrator was not.

T

The zoning was not the decision maker for the building permit issue. It was a building engineer.

T

So he was given a letter with new information august 13 21. It was september 17 21, where he said.

T

I've considered your new information, I'm still not going to reconsider, I'm going to stick with.

T

Where I am and then the appeal was taken from that in a timely basis, so this really is for.

T

The reasons I've already put in my written memo, I'm not going to bore you with it. It's already.

T

Very much distinguished from the ups case, so the motion to dismiss should not be granted.

T

And, uh as for this new information about.

T

158.056 and this sort of questioning that maybe that didn't apply well, it better have.

T

Applied because that's the basis of which zoning administrator voigt said you were accessory, used.

T

That was his determination and it talks about a trailer capable of gross vehicle weight. 10.

T

000 pounds or more, which this clearly is capable of more than that. The fact that.

T

He sticks a sticker on it and says it's going to be 9 800 to keep under the law and he never.

T

Moves it and is probably not capable of moving it. You know it doesn't, doesn't change that, so we.

T

Would ask that you deny the motion to dismiss and rule in our favor on the merits? Thank you.

A

Okay, the hearing and record of this case is now closed in accordance with.

A

The open meetings act of maryland the board will now consider the case.

A

I think we should.

A

Before we before, we actually decide decide the case, we should address.

A

A

Request that the case be dismissed, we reserve that so, let's, let's hold our.

A

Comments to that at this particular point in time we heard the timelines.

C

I don't know, that's the other way around he's going to ask it the other way around.

A

I I think we need to, since we reserved the decision on the.

A

Request to dismiss, I think we should discuss that. First, okay,.

H

I'm a little confused.

H

I'm a little confused about the notification, so I understand I can follow this. This trail and I.

H

Can follow the information that was proffered and on may 26th? The letter came from scott robinson.

H

But then again, then, on june 17th a follow-up letter was sent that mrs.

H

Farrell was clearly copied on from commissioner wants so saying that you know this has been.

H

Decided the staff has done the correct work, the decisions were appropriate um and everything's.

H

One spot that mr void had done what was appropriate so looking at the 30-day timeline.

H

If we, even if we accept that this official notice- and I don't even know that an email.

H

From commissioner wants serves as official notice- I I don't, I don't know, what's appropriate there.

H

The notice wasn't sent for almost two months, so that's.

H

I'm a little bit confused about the timeline.

H

Maybe I'm not confused, maybe my question is.

H

Even if they didn't know in may.

A

They knew in june, they knew june 17th. I mean I think it's. I think this email was clear.

H

That in june 17th they knew that. That's that's the point in time which commissioner wentz.

A

Emailed the jordans and mrs farrell as constructive notice, there's no actual notice.

A

um It's not an official communique from the county.

A

But it was, it was from the commissioner, does an email make it official could come from anywhere.

H

A

Is an email, official notification? If it's coming from a county commission, I think it can be.

H

Okay, so you're saying it can be that that's what I'm saying.

A

To clear things up for you well, and I mean that's my.

H

Question is this an official notification? Did they.

H

I mean at that point.

H

But I will happily listen to anything. Anybody else has to say.

D

Are you looking at me for either richard or dick one of the two of them.

C

If we take the the email from the commissioner as being de facto notice, actual notice.

C

Then you know the 30-day rule applies. It does not allow them to appeal.

C

There's a sizable gap here you know it's we're talking about.

C

The uh what's the date of the commissioner's message again, the 17th of june.

C

17Th of june, it's still the attorney's letter goes out august 13th, it's almost two months.

C

C

As it's been stated, 30 days is 30 days. It's not flexible in that respect, so I'm inclined to.

C

Support the uh the contention that the time period had elapsed and there was sufficient evidence to.

C

Suggest that you know if there was a real problem, if this person really did have a problem with it,.

C

Then they should have consulted an attorney much earlier in the game.

C

To uh to deal with this, rather than let their their their rights lapse, as has been the case.

A

D

I'm inclined to support the zoning administration's administrator's determination.

D

To allow sea as a permitted accessory use.

D

D

I don't see any evidence that says we should overturn that.

A

And mr dixon, I've got a legal question for you: if we, if, if we make a decision on the appeal of the.

A

Zoning administrator's ruling if a c-container was a vehicle approved as an accessory use.

A

Then would it be a moot point about the.

A

Request from mr schaefer to dismiss the case because of the 30-day rule.

B

I'm not sure I understand the question are: are you saying that if you don't think the.

B

Appeal was timely and that you, you think that will resolve the case right there.

A

No, I was saying if we, if we roll on the case on what's before us, the appeal is.

A

Under administrators ruling that a c container was a vehicle and approved as an accessory use.

A

If we, if we act on that first, can we act on that first and then act on the uh move for dismissal.

A

By mr shaffer well I thought you were going to address the motion to dismiss, I know, but.

A

I'm just asking and then so you can still. I think you should do it that way deal with.

B

The motion to dismiss first okay- and then I mean- are there any other facts that support.

B

What you're, what you you said in uh the emotions? No, I I just I I just want to throw that out. There.

A

I'm I'm I'm going to say this. The the the timelines here are very confusing.

A

And I'm looking at this from the zoning administrator's office point of view. If.

A

The circumstances change the original complaint was that it was a sea container and.

A

There had been extensions and everything else, and then it was converted to a trailer.

A

That, according to the zoning administrator and his inspector, met the letter of the law.

A

Maybe there was an issue there with notification, because not everybody knew at what stage the.

A

Trailer was whether it was a sea container whether it was a trailer use. Those two terms.

A

That that 30 days can be problematic, but at the same time, on june 17th, commissioner williams.

A

Sent an email to the interested parties saying that he had investigated this.

A

Through the zoning administrator's office- and he said, everything appears to be legal and.

A

Maybe the code needs to be changed, so that's an indication to me that it was determined.

A

By more than one person, and probably with some legal input that it met the letter of the law.

A

So I'm really torn on whether to.

A

Go with the motion to dismiss the case based on the 30-day time period, just because of.

A

The notification timing and the timing of the sea container becoming a trailer according to the code.

A

um Mr chairman, can I add something: absolutely it loans us to us and not to them.

C

Two of you, it's looking at 158, doesn't say anything here about it actually being roadworthy.

C

Or being used on the road, it just says it has to be used by the residents of the owner, which is.

C

Used using it as he sees fit, yeah and it's very loose.

A

We'll get into that discussion later too, but I mean what we need to decide here is.

A

The request from mr shaffer to dismiss the case based on the 30 days, had lapsed. Well the if the.

C

Email from the commissioner is accepted as the.

C

Actual notice, ms farrell, that point you know, uh is an interested party. She's been notified.

C

And the 30-day clock starts, I yeah I I still I I feel that they missed the 30 days. I do and.

A

There were some circumstances there, like. I said that maybe the notification didn't.

A

Go from the zoning administrator. But when you go from a sea container to a trailer.

A

In the eyes of the zoning office,.

A

Maybe there was maybe they didn't know when the 30 days started either. I.

A

I don't know, I'm not sure what the intent was there.

A

A second anything else, because we need we need to.

H

I think the clock started on june 17th, okay and that's when I think the clock started also. I agree.

H

That it's a solid time frame that we know that they were notified on june 17th.

A

Okay, any further discussion here I'll entertain a motion uh concerning the.

D

Motion motion just motion to dismiss by mr schaefer.

C

You're looking for another emotion, yes on just the motion to dismiss all right.

C

In case number 635, the continuation of case number 6355 before the board of zoning appeals.

C

The board confirms that the motion to dismiss be upheld. Do I have a.

H

I don't need second grant it.

H

Do we need to grant it or upheld I'll hold it, mr dixon, grant or uphold, which would be the proper.

B

Language, I would say a grant. Okay say it again, please, oh gosh! He would do that uh that in.

D

Six: three: five: five that indicating that, in the continuation of case number 6355 before the board.

C

Of zoning appeals that the motion to dismiss be granted.

A

Hey do I have a second second okay, further discussion on this motion.

A

Okay, all in favor, aye, aye aye, all opposed no motion carries.

A

Now, out of abundance of caution, we're going to go ahead and.

A

Have a motion on the appeal of the zoning administrators ruling that a sea container.

A

Was a vehicle and approved as an accessory use.

A

I I'd like to say the the one thing that um mr schaefer pointed out in the the zoning code.

A

It doesn't even need to be tagged in the state of maine.

D

No, it doesn't even need to be a tagged vehicle on his lot like if, if it's not a legal tagged vehicle.

H

They could take the tag off and then it becomes yeah legal. Yes, so I mean and number one.

C

It says previously licensed well, that's that's been previously launched there. You go I'll.

A

Take the tags off today and she's previously licensed so either way it.

C

Works works. We don't have jurisdiction over what is main tagged. It was that that's that's.

A

Maine's problem, as far as I'm concerned and mr martin filled out the proper paperwork.

A

And got tags in maine and, uh if you've ever been to a livestock sale.

A

Most of them have green and white tags on the livestock trailers.

A

And whether the ones that pulled behind a pickup or ones that are pulled behind a tractor-trailer.

A

A road tractor so there's a there's, a boat load of them out there there's a lot of reasons for that.

A

I actually have a trailer that has main tanks hope you had a 17-digit vin number. um I didn't hear that.

A

So what we need to do here is is look at in, in my opinion, what what what has occurred was a sea.

A

Container became a trailer as determined by the zoning administrator and the zoning inspector.

A

A

It's what mr martin is doing up there is with that container is legal. According to our code,.

A

He meets the letter of the law.

A

I'll just leave it at that.

A

A second anything I don't think so. No, mr caldwell, no you're gonna. Let me speak for you all.

A

Okay, very good I'll, entertain a motion.

C

In the case of continuation of case number 6355 before the board of zoning appeals, the boards.

C

Concurs with the the determination of the zoning administrator.

A

You want to continue that to allow the seat container to allow the sea container is a.

C

An approved accessory use, permitted accessory use committed example. That's what it says: yeah.

C

Thank your partner. That's okay! Try! This again! Let me just try to get over this.

A

C

Which one you want to use this one.

C

All right try this one third time in the continuation of.

C

Case number 6355 before the board of zoning appeals the board hereby.

C

Confirms the zoning administrator's ruling that a sea container was a vehicle and approved as.

C

An accessory use. Okay. Do I have a second a second any further discussion on the motion.

A

Seeing none all in favor of the motion say: aye aye, all opposed no motion carries our oral decision.

A

Will become final upon a written decision which will be issued within 30 days unless this board ex.

A

Extends it, the board's decision will be may be appealed by filing a petition for judicial review.

A

With the clerk of the circuit court of carroll county, in accordance with the provisions of.

A

Chapter 200 title vii of the maryland rules of procedure. The appeal must be filed within 30.

A

Days of the date of the board's written decision, thank you very much, and this hearing is adjourned.

A