►
From YouTube: Board of Zoning Appeals Morning of April 25, 2023
Description
Carroll County Government
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A
You
leave
and
make
sure
it's
for
this
case,
make
sure
that
you
leave
by
the
same
door.
B
A
South
pleasant
valley,
road,
any
any
discussion
about
the
request.
For
extension,
I
assume
it's.
D
A
A
B
B
He
includes
language
from
to
extension
or
expansion
limits
all
other
non-conforming.
B
To
joe
vance's
request
from
laura
matias
comments
no
comments:
there
is
a
response
to
joe.
B
B
A
File
into
evidence,
I'm
assuming
you're
miss
grubbs.
You
go
ahead
and
come
to
the
table.
A
Here,
where
the
microphones
are.
A
A
A
You
as
the
applicant
can
go
ahead
and
present
your
case
and
both
of
you,
I'm
assuming.
A
You
give
your
testimony.
The
board
will
have
the
opportunity
anyone
else
in
the
in.
A
Can
make
a
summation
comments
and
then
we'll
decide
the
case.
So
please
state
your
name.
E
For
carroll,
family,
medicine,
okay,
so
your
request
is
for
an
expansion
of
a
non-conforming.
A
Use
so
in
in
your
presentation,
could
you
tell
us
what
the
non-conforming
use
is
and.
A
What
you
want
to
do
with
the
property
there's
already
a
trailer
that
was
there,
that's
run.
E
It's
a
manufactured
home,
it's
going
to
be
bigger
than
what's
already
there.
Obviously.
E
But
I
just
wanted
to
basically
just
make
bigger
of.
What's
there
it's,
it
looks
like.
E
E
Of
what
it
looks
like
if
you,
if
you
would
like
to
see
yeah-
and
these
are
copies,
that.
A
We'll
enter
those
into
evidence
if
you
want
to
refer
to
those
after
he,
labels
them.
E
A
small
piece
of
property
to
put
just
a
trailer
just
a
forever
home
for
myself.
E
Was
already
a
10
by
50
trailer
and
what
I
want
to
put
there
is
is
going
to
be
bigger.
E
A
The
property,
I
think
it's
a
quarter
of
an
acre
one,
four
that'd-
be
a
little
bit
less.
A
A
C
Oh
you
mean
here,
I'm
so
sorry,
I
don't
know
where
I'd
be
fine.
Now
[applause].
F
Really
tiny
it'd
be
a
business
desk
yeah,
it's
a
little
bit
less
than
a
hat.
Well,
it's.
G
A
My
name
is
daniel
hamm.
What
she's,
basically
trying
to
do
is
see
if
she
can
get
approved.
D
C
Does
that
raise
an
issue
by
going
more
than
twice
the
size
according
to
what
jay,
mr
woodford,
in
the
final,
I
believe,
50
percent
for
your
april
questions.
Mr
chair?
Yes,
okay,
do
we
know
when
the
original
non-conforming.
C
A
Need
to
address
in
general,
when
we
look
at
the
rewards
analysis
specifically
say
it.
I
That
no
more
than
50
percent
expansion
can
be.
You
know
addressed
to
toward
the
use.
I
So
as
of
right
now,
there
is
only
existing
mobile
homes
are
allowed
in
kettle
county.
I
On
the
regular
properties,
so
there
belong
to
mobile
parks.
So
if
you
have
existing.
I
Mobile
home-
and
you
wanted
to
like
you,
know,
remodel
it
or
remove
it
and
put
a.
I
New
one,
you
have
to
put
an
exactly
same
footprints,
so
if
it's
more
than
50
percent.
I
Expand
a
little
bit,
you
know
more
than
50.,
so,
according
to
the
ordinance,
it's.
A
I
Structure
so
oh
50
yeah,
so
50,
750,
750,
sorry
15
by
15
yeah.
Can
I
have
a
question
when.
H
On
the
property,
well,
one
it
was
an
extension
to
the
old
trailer
that
used
to
be
there
on.
H
And
the
dimensions
that
it
called
for
to
my
understanding,
the
only
thing
that
would.
H
Said
it's
already
there
as
far
as
a
septic
system,
there's
one
there.
It
just
needs
to.
H
Trailer
does
fit
on
that
property
perfect
to
the
dimensions
and
one
of
the
forms.
H
Setbacks
it
meets
all
the
settings.
I
ran
it
past
the
lady
that
that
where
we
talked.
H
You
turned
it
in
one
way
you
can
go
in
the
way
the
trailer
is
already
sitting
there.
A
Would
that
be
correct
anastasia?
I
would
kind
of
disagree
with
that,
because
we're
looking.
I
I
D
Down,
are
you
any
idea
what
size
could
you
estimate
that
20.,
I
don't
know
I'd
had.
C
Zoning,
it
was
quite
the
I'll
call
it
controversial
trying
you
know
challenge,
I
my
assumption.
C
George
grier
days
and
then
we
had
modular
homes,
pre-manufactured
homes
right
and
if.
C
I
I
don't
know
how
you
guys
can
accommodate
that,
but
where
have
like,
I
was,
I
just
have.
I
Can
use
hello
that
one
wasn't
in
use?
I
hate
to
say
because,
like
I
say
when
you
get.
A
Then
the
non-conforming
use
has
gone
away
I'll
just
throw
this
in.
So
therefore,
it.
A
Perfect
example
of
the
time
period
and
the
property
being
for
sale,
even
though
it.
D
You
is
there
a
distinction
between
a
trailer
which
one
would
presume
would
be
on
wheels.
D
A
A
On
the
add-on
to
the
trailer
and
then
if
it
would
be
acceptable,
then
use
the
50
expansion.
D
28
by
56
is
not
going
to
it
that
that's
probably
not
going
to
be
achieved.
According
to
our.
D
Pretty
much
in
eyesore,
especially
the
one
down
the
hill,
where
any
engineering
you're
suggesting
is
going.
H
To
be
improvement
to
that
the
you
know,
I
understand
your
point
of
view
trying
to.
A
Why,
I'm
that's
why
I'm
suggesting
tabling
the
case
and
question
for
anastasia,
okay.
E
The
property
as
yet,
I'm
not
sure
why
that
is,
I'm
gonna
have
to
talk
to
the
owner.
A
Of
the
advertising,
we
could
bring
it
back
in
june
and
and
miss
grubbs.
I
I
think
we.
A
Need
to
you
need
to
absolutely
be
talking
with
either
anastasia
or
jay
voit
in.
A
The
zoning
office
and
see
exactly
what
can
be
done
there.
It
just
doesn't
fit
what.
A
And
and
again
another
option
would
be
you
wouldn't
have
to
come
before
us.
You
just
have.
D
Be
able
to
get
that
information
for
you
from
the
owner?
As
you
know,
part
of
a
disclosure.
D
Process
and
that's
a
side
issue,
if
you
have
difficulty
trying
to
get
what
you
want.
A
Us,
if
you're
here
for
the
next
case,
you
can
go
ahead
and
sign
up
there.
A
Introduce
the
file
as
case
number
6445,
it's
a
request
for
a
conditioner
use
for
propane.
B
B
B
B
B
B
Health
department,
no
comments:
there
is
a
response
to
for
to
joe
vance's
requests
from
jay
voigt
zoning
administrator.
B
B
Bureau
chief
resource
management
comments
she
has
see
attached.
B
B
B
There
is
a
letter
march,
8th
2023
to
the
board
from
a
matthew
e
herf
with
the
filing.
I.
A
Plan
on
testifying
in
today's
case,
in
this
case,
could
you
please
stand
and
take
the.
A
A
Can
be
seated,
mr
herf,
I'm
assuming
that
you're
the
council
for
for
the
applicant.
K
Llc,
the
petitioner
and
their
their
trade
name
is
great
valley,
propane,
just
preliminarily.
K
Your
honor
or
a
board
we're
here
to
present
an
application
for
conditional
use
and
also.
K
Industrial
zone
here
in
carroll
county
in
a
in
a
a
zone
that
is
has
seems
to
be
earmarked.
K
As
a
a
high
high
use
of
i2
zoning,
when
you
zoom
out
on
the
county
map,
it
stands
out.
K
As
a
zone,
that
is
the
county
zoning
map
as
a
zone,
that's
high
highly
concentrated.
K
Process,
the
the
the
the
the
drive
needs
to
be
adjusted
in
some
way,
shape
or
form
you.
K
Know,
as
you
may
have
seen
in
the
file,
there
could
always
be
a
reason
that
that,
while
we're.
K
Going
through
the
site
plan
process
that
the
the
road
needs
to
be
or
the
drive
needs.
K
Slight
plan
process
so
that
that's
the
preliminary
that
those
are
just
the
promo.
K
Preliminary
observations
and
statements
regarding
our
our
application
and
I
would
like
to.
K
Call
my
first
witness
bud
haley
who
the
owner
of
great
valley
propane
and
let
me
for.
A
Anyone
from
the
public
can
ask
questions
and
ask
questions
of
their
testimony.
The
board.
A
K
For
clarifying
all
that
so
preliminarily,
I
have
a
a
few
exhibits.
I'd
like
to
present.
K
To
the
board
first,
mr
podolac,
the
engineer
has
prepared
an
amended
zoning,
an
amended
drawing
to
demonstrate
this
property.
It
doesn't
move
any
of
the
proposed
the
proposed
building
or
the
location
of
the
tanks.
It
just
outlines
where
the
flood
plain
may
or
may
be,
may
or
may
not
be
approach.
I
have
multiple
copies.
I
don't
know.
Are
these
already?
Are
these
already
in
the
file
these
are.
K
These
are
not
so
go
ahead
and
give
those
to
mr
dixon
and
he
will
go
ahead
and
label
those
and
we'll
enter
those
into
evidence
and
then
the
other
item.
I
have
are
photographs
of
the
property
just
to
visualize
what
we're
talking
about
here.
So
I
can
forward
with
that
pair
of
copies
for
all
the
board
members
and
the
finals.
K
G
would
be
the
updated
drawing
okay
and
I
put
labels
on
the
bottom
right
now
and
we'll
go
ahead
and
enter
those
into
evidence.
Thank
you.
Thank
you
again.
I'll
call
my
first
witness
bud
haley
and
please
state
your
name
address
and
occupation
of
as
a
witness.
Yes,
sir,
my
name
is
bud
haley.
My
legal
name
is
walter
m
haley
iii,
and
I
am
the
president
of
great
valley,
propane
and
a
partner
in
route.
309
llc.
Thank
you.
Thank
you.
K
So,
mr
haley,
what
type
of
business
is
route
309,
llc
and
great
valley,
propane
route?
309
llc
is
a
basically
a
property
holding
llc
that
I
have
several
properties.
K
And
great
valley,
propane
is
a
corporation
located
in
pennsylvania
and
we
distribute.
K
Okay
and
how
long
has
great
valley
propane
been
in
business,
I've
been
in
the
heating.
K
Other
than
one
bulk
storage
tank
well
right
now
just
to
fit
our
needs
to
our
customers.
K
We
would
need
one
bulk
storage
tank
and
what
we're
looking
for
is
have
extra
tank.
L
Tank
in
in
various
locations
yeah
with
the
expense
I
kind
of
wish
it
wasn't
the
case.
L
That
just
delivers
to
the
homes
in
the
propane
business,
in
just
about
every
state
that
I
know
you
really
can't
very
difficult
to
be
in
business.
Without
a
bulk
storage
tank
facility,
the
terminals
do
not
allow
bobtails
to
go
in
and
load.
We
have
to
have
tractor
trailers
go
in
and
pick
up
the
product
and
you
need
to
transfer
that
product
to
your
own
bulk
storage
tanks.
You
know
in
one
way
it's
good,
but
in
another
way
it's
tough
because
of
the
expense,
but
it's
just
a
nature
of
the
business.
L
So
in
order
to
serve
customers,
you
know
competitively
and
correctly.
I
need
to
have
a
bulk
storage
facility
in
this
area.
Okay,
and
would
there
be
a
building
on
this
property
at
this
point
in
time?
I'm
not
looking
for
that
right
now
because
of
a
we're,
a
young
company
in
this
area
and
we're
growing
and
we
have
a
office
facility.
Now,
that's
is,
is
you
know,
working
out
and
a
possibility
of
another
one?
So,
okay,
we
don't
need
an
office
at
this
point
on
this
site.
L
Okay,
but
it's
a
possibility-
and
you
understand
you
understand-
that
you
would
need
to
go
through
a
site
plan
process
and
permitting
to
do
that.
Absolutely
yes,
and
you
understand,
you
probably
need
a
water
allocation
from
the
city
of
westminster
and
things
of
that
nature.
Correct.
Would
this
be
a
retail
or
wholesale
station
that
we're
that
you're
building
here
wholesale
I
mean
no.
There
will
be
no
reason
for
anybody
to
come
there.
If
that's
what
you
mean
right.
L
What
I'm
getting
at
is
there
wouldn't
be
homeowners
or
things
of
that
nature.
Coming.
L
To
this
property,
yeah
yeah,
and
how
many
employees
would
work
at
this
station.
L
L
Current
volumes,
two
or
three
times
a
week,
maybe
okay
in
our
busy
season
and
how
many
times
would
a
bobtail
truck
come
through
this,
this
site
yeah,
hopefully
you
know
every
or
two
trucks,
maybe
once
or
twice
a
day.
Okay
and
what
times
a
day
would
they
would
they
come
through
the
site?
Typically,
the
trucks
are
loaded
in
the
afternoon
when
they're
done
to
route,
so
him
but
say
noon
to
noon
and
noon,
and
four
or
noon
and
five
or
something:
okay.
Okay,.
L
Well
suited
for
the
purpose:
well,
it's
owned
industrial.
It's
it's
accessible,
easily,
accessible
from
you
know,
major
highways
and
it's
you
know
it's
in
a
good
area.
As
far
as
our
delivery
base,
current.
K
K
Power
gates
and
the
lighting
is
done
to
code
and
obviously
in
the
wintertime.
You
know.
L
Project
correct,
correct
and
you
understand
you
need
to
go
through
a
site
plan
process.
L
To
to
build
this
project
correct,
correct,
and
I'm
going
to
show
you
what
what's
already.
L
Tanks
would
go
in
this
photograph
on
the
second
picture,
yeah,
you
could
see
like
an
incline.
L
With
some
trees
on
it
and
at
the
top
of
that
site,
top
of
that
would
be
where
the.
L
And
you
also
understand
that,
for
for
the
site,
you're
going
to
need
permitting
for
electrical.
K
And
things
of
that
nature?
Yes,
yep
and
you
you
have
a
regional,
a
regional
manager.
K
K
Yeah:
okay,
okay,
no
additional
questions
for
for
mr
haley.
Okay!
Does
anyone
in
the
audience
have
many
questions.
L
And
I
own
both
properties
next
to
the
proposed
site,
and
my
question
would
be
we've
still.
L
Okay,
a
peach
probably
better
off
answering
this.
K
Mr
caswell,
since
this
is
mr
podolak's
expertise
how
about
if
we
wait
he's
gonna,
be
I'm
assured.
L
L
Out
for
you
good
morning,
okay,
mr
podolac,
could
you
please
state
your
name
address.
K
And
occupation,
yes,
pete
podolac
operating
as
trading
as
leon
potalackin
associates,
llc.
K
In
westminster,
21157,
okay
and
spell
for
the
record,
your
last
name,
it's
p,
o
d,
o
l,
a
k,
okay,
thank
you,
mr
protolac
you're,
a
certified
professional
engineer,
correct!
Yes,
and
what's
your
level
of
education,
I
have
a
masters
of
science
and
sanitary
engineering
from
syracuse
university.
K
And
then
a
bs
in
civil
engineering
from
bucknell
university
and
you've
testified
before
I
was
born
as
an
expert
witness
before.
Yes,
I
have,
and
you
prepared
you
prepared
the
drawing
as
it
relates
to
the
the
property
subject
as
petition
correct,
yes
and
I'd
offer
mr
podolac
as
an
expert
witness
of
the
board.
K
We
will
accept
him
as
an
expert
witness
in
the
fields
that
you
outlined,
mr
herf,
thank
you
and
mr
protolac
you've
prepared
the
drawing
that's
already
in
evidence,
as
exhibit
g,
but
I
have
it
out
in
front
of
us
both.
Is
this
a
true
and
accurate
copy
of
that
that
drawing
related
to
the
property?
Yes?
And
this
you
unders?
You
agree
that
this
is
a.
This
is
a
a
zoning
plot,
not
a
formal
site
plan.
Correct!
K
Yes,
and
you
know
you
agree,
you
understand
that
you're
going
to
have
to
work
through
the
site
plan
process
with
the
petitioner
moving
forward.
Correct,
yes
and
is
mcgregor
wrote
a
county
road.
I
do
not
believe
I
I
do
not
know
the
answer.
K
To
that,
to
be
honest
with
you,
I
believe
it
may
be
a
private
road
just
because
it
serves.
K
K
Suited
for
a
propane
storage
facility-
yes,
in
addition
to
having
the
I
guess,
the.
K
The
state
highway
and
have
you
looked
at
the
zoning
for
this
property?
Yes,
and
and
have.
K
Zoned
area,
correct
and
in
terms
of
the
size
of
the
specific
lot
you're
aware
of.
K
For
many
of
those
types
of
uses-
yes,
yes,
but
for
example,
you
wouldn't
be
able
to
put
a
large
manufacturing
plant
on
here
or
a
power
plant
or
things
that
are
very
large
in
size.
Correct.
Yes,
I
mean
the
the
site
itself
has
restrictions
with
respect
to
area
yep
and
you're
you're,
aware
of
the
different
requirements
of
the
county
code
in
terms
of
set
setbacks,
correct
yeah.
Yes,
now,
anticipating
a
question
from
mr
caswell,
I
understand
that
he's
the
owner
of
1201
new
windsor
road.
How
approximately?
K
K
Correct
the
minimum
it
would
be
100.
and
you'll
be
working
with
hilt's
propane,
the
the
the
the
company
that
will
install
the
the
mechanical
engineering
company
that
would
install
these
projects
with
the
the
the
state,
local
fire
codes
and
things
of
that
nature.
Correct.
Yes,
yes
and
we've
discussed
some
of
those
issues.
K
Requirements,
yes,
and
and
you're
aware
of
what
types
of
trucks
you
heard,
mr
haley's.
N
Truck
that
will
be
coming
in
here
will
probably
be
a
tractor
trailer,
a
w65
which
is
a
very.
L
Movements,
the
ability
of
the
vehicle
to
come
in
pull
up
to
the
tanks.
To
you
know,
unload.
O
Neighboring
properties
for
this,
this
type
of
project.
No,
no,
frankly,
you
know
the.
A
Would
be
less
than
25
peak
hour
trips
during
a
weekday,
so
in
all
likelihood
we
would
not.
A
I2
uses
this
is
a
a
lower
noise
and
and
sound
and
gas
generator
odor
generator.
A
Yeah
and
you're,
also
in
your
in
your
drawing
and
and
your
work
on
the
second
page.
K
Correct,
yes,
yes,
the
tanks
are
actually
further
from
that
property
than
the
the
drive.
K
Correct
yes
and
it's
accurate
that
we're
asking
for
a
variance
of
25
feet
just
just.
A
In
case
some
adjustments
needed
during
the
site
plan
process,
correct,
correct
and
the
parasites
somewhat
common
that
there's
occasionally
adjustments
during
the
site
plan.
A
Is
there
actual
does
it
actually
does
it
adversely
affect
the
public
interest.
K
In
this
area,
no,
no
okay,
no
additional
questions
for
mr
podolac.
Okay,.
P
Mr
caswell,
do
you
have
questions
of
mr
podolak?
I
see
you're
back
there
studying
the.
K
Degrading,
I
can
see
it
all
on
the
plan
yeah,
so
just
still
looking
at
it.
So,
okay.
K
Will
understand
the
process
when
it's
over?
Oh,
yes,
sir,
go
to
the
microphone.
Please
state
your
name
address,
occupation
and
state
for
the
record,
your
last
or
spell
for
the
record,
your
last
name.
My
name
is
kelly:
riser
r-a-I-s-e-r,
I'm
one
of
the
employees
at
the
1201
new
windsor
site.
My
question
is
so
from
from
a
environmental
and
health
and
occupational
perspective.
K
Has
there
been
any
studies
that
have
indicated
the
risks
associated
with
propane
fumes
or
safety
issues
that
might
arise
at
such
holding
tank
places
that
might
impact
the
occupational
workers
at
the
off-site
at
the
site?
Adjacent
yeah?
You
know
I'm.
K
P
That
you're
into
the
microphone,
so
we
can
understand
every
word
you're
saying
yeah.
What
I
was
saying
is
the
probability
of
of
a
catastrophic
event
such
as
an
explosion
is,
is
relatively
low.
You
you
know
if
it
was
a
great
risk,
you
would
hear
about
these
facilities
exploding.
K
A
propane
tank
exploded,
so
I
think,
probably
on
a
residential.
You
know
a
guy
with
his
own.
P
You
know
with
with
a
barbecue,
but
I
for
the
life
of
me
can't
think
of
an
episode
wherever.
P
Fueling
and
everything
of
that
nature,
I
believe
everything
is
contained
in
pipes
and.
K
Underground,
I
don't
believe
there
would
be
any
fumes
and-
and
I
think
bud
probably.
K
May
be
a
better
may
better
answer
that,
but
from
my
understanding
there
would
not.
P
K
A
situation
so
I
I
think,
as
I
said
overall,
the
the
from
what
I've
read
online,
the.
K
K
To
that,
has
there
been
any
investigation
as
to
or
or
evaluation,
I
should
say
not
investigation.
K
On
the
property,
no
that
you
know
there
hasn't
been
any
and
I'm
unaware
of
any
regulation
that
requires.
K
A
specific
setback
from
the
train
tracks
to
the
tanks.
You
know,
so
we
really
haven't.
K
I
haven't
evaluated
that
issue
and
the
only
reason
I
ask
that
is
just
the
case
of
potential.
P
K
They
sit
in
a
self-contained
bed
bedding
as
it
were,
and
that
that
bedding
also
kind.
P
So
we
have
the
essentially
from
the
tank
to
the
railroad
tracks.
We
have
at
least
I'm.
P
Going
to
say,
130
140
feet
of
of
setback,
you
know
what
I
mean
so
that
track.
If,
if
a.
K
Are
in
a
bedding
that
that
I
believe
would
would
provide
some
buffering
from
vibrations.
K
K
P
P
Kind
of
as
they
came
in
order,
the
one
of
the
questions
was
the
safety
of
the
tank.
P
In
regards
to
the
neighbors
next
to
us
these
tanks,
when
they're
built
these
these.
P
An
earthquake
or
a
a
train
derailment
or
just
about
anything
those
valves
automatically.
K
Would
be
four
or
one
thousand
gallon
tanks?
You
know
without
without
that
safety?
You
know,
I'm
gonna
knock
on
wood
because
I
have
you
know
two
plants.
I
have
50
some
employees
and
there's
no
room
for
error
and
the
company
that
we
choose
to
build.
Our
propane
plant
is
literally
and
I'm
not
bragging,
but
they're
the
best
in
the
industry
and
they
don't
cut.
K
Build
it
our
itself,
you
know
the
piping
is
all
class
three.
I
think
they
call
it
explosion.
K
Proof,
there's
no
there's
no
cut
corners
and
I
really
truly
believe
that,
except.
K
We
don't
leak
propane,
I
mean
when
we
uncouple
the
the
trucks.
Maybe
a
little
tiny
bit
comes.
P
Out,
but
it's
it's
not
much,
they
even
have
if
our
drivers
were
to
pull
away
from
the.
N
And
close
there's
just
a
lot
of
a
lot
of
redundancy
in
the
safety
measures
and
I
probably
should
have
brought
it
with
me,
but
in
pennsylvania.
I
know
there
is
case
studies.
A
O
O
We're
but
we
hire
our
staff,
is,
is
trained
very
well
trained
on
the
inspections
and.
O
P
P
Do
you
have
any
other,
mr
poodle,
like?
Thank
you
any
other
questions
or
any
follow-ups.
A
P
At
any
of
your
transfer
facilities,
no
not
going
away
right
right
and
have
you
had.
P
Coming
in
not
not
very
often
no,
if
at
all,
okay
and
you
have
high
staff
turnover
or.
P
Low
staff
turnover
no
no
okay,
yeah
and
where
are
some
of
your
other
facilities
situated.
P
Property
at
57,
lancaster
avenue
in
malvern,
and
that
is
currently
has
two
thirty
thousands.
P
This
right,
14
35,
south.
P
Is
has
one
thirty
thousand
with
the
cradles
in
for
an
additional
thirty
thousand.
P
If
and
when
we
need
it
are
they
close
in
close
proximity
to
other
buildings
and
things.
P
Of
that
nature,
yes
they're,
all
in
you
know
commercial
districts
very
similar
to
this.
P
But
yes,
they're
all
within
you
know
business
districts
of
the
towns
that
they're
in
concern.
O
Enough
and-
and
you
know
we
haven't
even
looked
into
this
because
it's
not
in
our
near-term.
O
Large
propane
facilities
are
have
their
own
railroad,
siding
where
the
tanks
come
in.
D
As
far
as
getting
product
to
guys
like
ourselves,
so
again
you
know
anything
can
happen.
The.
D
D
So
they're
just
I
have,
I
would
have
no
problem
buying
a
1967
tank
as
I
it
would
mean.
P
That
piping
is
it,
is
it
corroding?
Is
it
you
know,
so
it's
all
visible
and
kept
up
and.
P
Painted
and
that's
basically,
the
maintenance
that
we
need
to
do
on
our
plants
is
keeping.
P
The
pipes
painted-
and
you
know,
weeds
and
growth
from
around
it
other
than
that
they're.
P
D
Okay,
I
I
have
no
additional
questions
for
mr
haley.
I
I
had
one
two
two
other
pieces.
C
Of
evidence
I'd
like
to
present
to
the
board
they're
both
of
the
administrative
notice.
C
Variety,
I
I'd
ask
that
the
board
take
notice
of
its
own
file
case
number
five,
two
five.
C
C
K
I
also
would
point
out:
I
just
asked
the
board
to
take
administrative
notice
that
mcgregor
road
is
a
county
maintained
road
that
I
submit.
Okay,
you
want
to
go
ahead,
and
so
you
want
to
submit
that
case.
Absolutely.
I
only
have
one
copy
of
it,
so
I
would
be
happy
to
give
it
to
mr
dixon,
okay
and
we'll
go
ahead
and
accept
that
into
evidence.
A
Foreign
any
more
witnesses.
No
sir
okay,
mr
caswell,
now
is
the
time
for
testimony.
L
Lord
knows,
we
need
more
competition,
not
less,
but
there
is.
There
is
a
concern
with.
L
On
the
other
side
is
pretty
far,
and
it's
a
little
concerning
that
they
kind
of
leave.
L
Of
having
you
know
this
there,
the
way
you
have
it
set
up
looks
good,
I
mean
that's.
That's.
L
Less,
I
am
concerned
a
little
about
the
railroad
with
all
the
the
railroad
news
lately.
L
And
out
of
there,
so
there
is
there's
just
concern,
you
know
and-
and
I
know
they're
safe.
L
In
in
my
lifetime,
but
there
is
some
federal
regulations.
That's
probably
why
that
house.
L
L
You
have
any
questions
of
mr
caswell's
testimony.
No,
I
do
not
okay
board
members.
L
Okay,
mr
caswell,
you
could
you
can
I'll
give
you
a
second
chance
of
the
microphone
if.
L
You
have
any
additional
questions
after
the
recross
go
ahead,
mr
herf,
mr
haley,
do
you.
L
Have
any
thoughts
or
observations
on
the
piping
related
to
these
tanks,
as
it
relates.
L
Are
built
with
you
know,
concern
I
guess
with
vibration,
because
the
last
anywhere.
L
There
would
be
a
you
know:
earthquake
or
a
ground
disruption.
The
you
know
the
lines.
L
So
you
know
there
is
provisions
put
in,
for
you
know,
vibration
and
movement
in
the.
L
Questions
you
know,
feel
free
to
call
and
and
our
tank
engineer
that's
going
to
build.
A
A
Think
that
there's
any
adverse
impact
upon
any
of
the
neighbors
by
granting
this
conditional.
K
Use
and
in
fact
I
think,
the
the
request
is
that
harmony
with
the
general
purpose
of.
K
And
when
you
look
at
some
of
the
permitted
industrial
uses,
they
are
much
less
intensity
than
what
what
we're
proposing
to
do
here.
You
know
without
getting
a
conditional
use
permission,
you
could
have
a
concrete
mixing
plan.
You
could
have
a
blast
furnace,
a
steel
mill,
a
heavy
manufacturing
facility,
a
commercial
sawmill,
coal
yard
power,
plant,
pelletized,
sewage
storage.
So
there's
lots
of
other
things
that
could
be
there.
That
would
be
much
more
adversely
impacting
the
neighborhood.
I
think
this
is
a
situation
where
we
have
a
quiet
neighbor,
not
a
high
traffic
situation.
K
L
Reproach,
I
think,
they're
they're
going
to
work
with
hilts
propane
again,
who
has
an
excellent
reputation.
I
think
also
when
we're
looking
at
the
conditional
use
of
this
lot.
The
lot's.
K
Rather
small
in
size,
so
some
of
those
other
industrial
uses
really
wouldn't
be
well
suited
for
this
lot.
So
I
think
we
would
like
to
to
move
forward
with
something
that,
like
this
that'll
be
well
suited,
so
that
there
can
be
productive
use
of
that
that
piece
of
property
regarding
the
variance
request
that
I'm
reviewing
montgomery
county
versus
rot
wine
as
the
case
law
here
and
and
it's
our
position,
that
is
strict
compliance
with
the
900
foot.
K
Through
the
site
plan
process,
sometimes
slight
movements
in
terms
of
the
placement
of
roads
and
drives,
and
things
of
that
nature
are
needed
and
and
when
you
look
at
what
we're
asking
for
a
very
small
de
minimis
variance
of
25
feet
because
we're
taking
a
more
conservative
approach
on
what
the
what
variance
is
needed
because
we're
measuring
it
from
the
drive
and
not
from
the
tanks.
K
So
really
the
tanks
are,
are
very
likely
to
be
way
way
outside
the
900
foot
range
there,
but
but
the
drive
may
be
approaching
that
900
foot
range
so
we're
talking
about
the
use
and
not
really
the
tanks
and
asking
for
that
variance,
and
I
think
it
would
compose
a
peculiar
or
practical
difficulty
on
the
petitioner
to
have
to
go
back
and
ask
for
a
variance
if
we
learn
the
slight
planning
process
that
you
know,
five
or
ten
more
feed
is
needed.
So
thank
you
for
your
time
appreciate
your
consideration
on
this
matt.
L
Open
meetings
act
of
maryland,
the
board
will
now
consider
the
case
board
members
I'll
go
first,
go
ahead
volunteer.
This
is
pretty
pretty
easy.
I
think.
Thank
you,
everybody
for
your
testimony.
I
think
that.
K
This
is
absolutely
an
appropriate
location
and
obviously
zoning
is
appropriate
as
well.
I
don't
have
any
safety
concerns
after
based
on
the
testimony
that
was
proffered.
I
don't
see
any
adverse
effects
above
and
beyond
those
normally
associated
with
such
a
use
and
by
all
appearances,
it
appears
to
me
that
the
variance
request
is
being
done
as
an
abundance
of
caution.
So
I'm
prepared
to
vote
in
favor
of
approving
this.
L
Schneider,
I
concur,
I
believe
you
know.
The
one
thing
that
comes
to
mind
is
propane
storage,.
L
L
L
Well
presented
case
ray
thorough,
worked
on
by
mr
podolac
from
the
engineering
side.
L
Wouldn't
be
any
worse
at
this
location
than
in
the
other
location
within
the
zone.
L
Looking
at
less
than
25
vehicle
trips
per
per
per
hour
in
peak
times,
oh
there's.
L
A
two
propane
tanks
that
are
from
the
residents
that
we're
talking
about
the
the
variance.
L
Of
nine
of
25
feet
or
10
feet
or
whatever
at
900,
so
it's
900
feet
away.
There's
two.
K
Large
tanks,
propane
tanks
existing
on
the
other
side
of
that
residence,
it's
actually
a
hill,
that's
between
them,
but
anyway,
so
propane
tanks
are
already
in
that
area.
There
are
no
county
setbacks
to
railroad
tracks
concerning
this
project.
That
was
one
of
the
things
that
was
raised.
So
I
just
wanted
to
bring
bring
those
things
out
and
the
other
thing
is
that
could
have.
Could
it
the
tanks
be
moved
so
that
there
wasn't
a
concern
with
the
900?
L
The
existing
structures
that
are
west
of
there
in
the
in
the
industrial
zone,
so
again
it's
it's
six
of
one
half
of
those,
the
other.
The
the
residents
has
the
greater
setback.
L
They
meet
the
requirements
of
the
setbacks
within
that
ir
zone
and
that's
definitely
a
lot
closer
than
the
900
feet
away.
Residents.
Okay,
board
members:
we
do
this
in
two
steps:
first,
improving
the
variance
and
then
improving
the
non-conforming
use,
no
everything
alone.
You
can
do
it
all
together.
You
can
do
it
all
together,
so
you
don't
work.
Oh
am
I
doing
it?
Okay,
gotcha!
I
was
just.
I
was
just
asking
the
question
in
case
six,
four,
four
five:
I
move.
L
L
Minute
break
before
our
next
case,
guys
for
us
case
number
6442
before
we
get
before
mr
dixon
introduces
the
file
if
you're.
L
Here
for
that
case,
for
this
case,
there
is
a
sign
up
sheet
on
the
side,
for
this
case.
L
Not
the
not
the
last
case
make
sure
that
you've
signed
up
for
that.
I
would
remind
everyone.
L
Here
today,
so
with
that,
mr
dixon,
can
you
go
ahead
and
introduce
the
file
for
us?
Please.
K
Or
norwood
palter
he's
a
neighbor
to
the
subject
property
and
aware
that
they
have
submitted
an
application
to
the
bza
for
contractors,
equipment,
storage,
art
and
an
associated
area
of
variances.
At
the
above
mentioned
location,
walter
t,
[,
__,
]
jr
is
a
good
neighbor
and.
K
April
12
2023
letter
from
linda
d,
eisenberg
secretary
to
the
planning
commission
to
the
board
after
having
reviewed
the
information
contained
in
the
attached
analysis,
the
facts
that's
presented
in
the
application,
the
relevant
portions
of
the
plan
and
in
accordance
with
the
land,
use
article.
This
conditional
use
request
if
granted
is
not
inconsistent
with
the
policies.
Timing
of
the
implement
timing
of
the
implementation
of
the
plan,
timing
and
development,
timing
of
rezoning
development
patterns,
land
uses
and
densities
or
intensities.
There
is
a
april
17
2023
memo
from
andrew
r
gray,
comprehensive
planner.
K
Staff
finds
that
this
request
is
not
inconsistent
with
the
2014
carroll
county
master
plan,
as
amended
in
2019,
due
to
the
size
of
the
contractor's
equipment,
storage
area
being
approximately
three
times
the
size
of
what
is
currently
allowed
in
section
158.17382
could
potentially
have
an
adverse
effect
on
the
portion
of
the
property
located
in
the
adjacent
conservation
zone,
where
the
use
is
prohibited,
with
the
condition
that
a
site
plan
b
submitted
to
the
carroll
county
bureau
of
development
review
and
only
allow
this
use
on
the
portion
of
the
property
zone.
Agricultural.
K
There
is
a
response
to
joe
vance's
request
to
various
state
and
local
agencies
from
andrea,
hanley
carroll.
County
environmental
health
department
proposed
use
may
not
be
acceptable
unless
it
is
demonstrated
that
there
is
an
adequate
water
supply
and
adequate
area
for
the
installation
of
an
initial
and
two
replacement
septic
systems
for
the
proposed
use
in
any
existing
uses
of
this
property.
There
is
a
response
from
jay
voigt
zoning
administrator.
K
He
looks
at
the
section
158.040
distance
requirements
three
times
the
distance
on
adjoining
lots
of
three
acres
or
more
minimum
separation,
distance
of
at
least
300
feet
from
dwellings.
As
required
contractors
equipment,
storage
yard
must
be
located
only
in
the
agriculturally
zone
area.
There
is
a
no
march
30th
2023
letter
from
kelly
schaefer
miller
to
the
board.
It's
a
revised
explanation
of
requests
in
regard
to
the
application.
There
is
a
april
3rd,
2023
notice,
public
hearing
for
this
case
there's
a
response
to
joe
vance's
request
of
air
state
and
local
agencies.
K
From
laura
matthias
bureau,
chief
development
review
of
site
plan
shall
be
processed
in
accordance
with
chapter
155..
There's
a
response
to
joe
vance's
request
from
thomas
harris
permits
and
inspections.
The
two
buildings
located
in
the
storage
area
require
permits
and
approvals.
Additional
items
will
be
addressed
during
the
site
plan
and
building
permit
process.
There
is
a
response
from
janet
o'meara
bureau
chief
resource
management
see
attached.
Hearing
notice
was
posted
march
27
23
by
inspector
scott
robinson.
There
is
a
response
from
jp
smith,
jr
program
manager,
agland
preservation
program.
This
property
is
not
in
ag
preservation.
K
I
have
no
comments
at
this
time
and
there's
then
there's
the
application.
There's
march
2nd
2023
letter
from
clark
r
shaffer
to
the
board
filing
the
application.
There
is
a
february
23rd
2023
letter
from
kelly,
safer
miller
to
the
board,
and
there
is
a
plan
to
accompany
busier
application
from
rtf
associates
inc.
I
would
ask
that
the
board
enter
the
file
into
evidence
so
so
moved.
Second,
we
have
a
motion
and
a
second
to
move
the
following
evidence:
all
those
in
favor
aye
all
right
all
opposed.
No,
we
will
go
ahead.
K
And
move
the
file
into
evidence,
anyone
that
plans
on
testifying
in
case
number
6442.
Could
you
please
rise
and
raise
your
right
hand?
Okay,
do
you
swear
or
firm
under
the
penalties
of
perjury?
The
testimony
you're
about
to
give
is
the
truth,
the
whole
truth
and
nothing
but
the
truth.
Okay,
you
can
have
a
seat,
miss
miller.
Thank
you
good
morning,
mr
chair
members
of
the
board
kelly
schaefer
miller,
73
east
main
street
westminster,
maryland
21157.
I'm
here
this
morning
on
behalf
of
walter.
A
A
Who
I'm
talking
about
as
mr
dixon
introduced?
This
is
a
request
for
contractor's
equipment.
A
N
Of
within
this
area,
we
understand
that,
after
this
hearing,
if
this
use
is
approved,
that
we
will
go
through
any
required
process
there,
so
I
just
wanted
to
point
that
out
and
with
that
I
would
call
shorty
[
__
].
My
name
is
walter.
[,
__,
]
I've
lived
in
carroll
county
hold
on
hold
on,
don't
jump
the
gun.
Okay,
please
state
your
name
address
and
occupation
occupation
and
spell
for
the
record,
your
last
name,
all
right,
walter
t,
kuhn,
jr,
that's
c-o-n-3033,.
N
Neighboring
counties
hired
baltimore,
frederick
and
and
that's
just
where
we
keep
all
the.
A
One
of
the
adjacent
parcels
to
this:
yes,
I
do
okay,
okay
and
you've
applied
for
the.
L
A
Everybody
can
hear
I've
lived
there
for
like
35
years
and
then
and
then
we
we
had
the.
K
Years,
okay,
and
is
the
use
that
you're
requesting
here
today
substantially
similar
to
how
you've
been
using
it
for
those
30
plus
years?
Yes,
ma'am,
okay,
make
sure
you're
talking
into
this
shorty,
because
everybody's
got
to
hear
you
prior
to
filing
this
application.
Are
you
aware
of
any
neighbor
complaints,
or
have
you
ever
been
approached
by
a
neighbor
with
an
issue
as
a
result
of
your
use,
we're
going
to
walk
through
the
drawing
that
was
attached
as
part
of
this
application?
Just
briefly
to
describe
where
everything
is
so
shorty.
L
L
Is
located
activity
occurs
in
those
buildings
and
around
this
area
of
the
site?
Correct,
okay,.
L
L
Your
property,
yes,
it
is
okay,
and
so
on
that
property.
Those,
I
should
say
on
the.
L
Attach
plan
yes,
ma'am,
okay,
and
then
that
other
area
is
showing
kind
of
the
storage
area
yard
correct.
Yes,
okay,
I
would
ask
that
applicants
exhibit
one
be
entered,
please.
We
will
accept
that
into
evidence.
Thank
you.
So,
thank
you.
Sorry,
thank
you.
Shorty,
I'm
showing
you
what
I've
marked
as
applicants
exhibit
2..
Can
you
just
take
a
flip
through
those
and
confirm
that
those
are
all
photographs
taken
of
the
site
or
at
the
site?
Please
everything
is
site.
Are
you
clearly
and
loudly
into
this
microphone?
Yes,
everything
is
here
is
from
the
site.
L
Accept
that
into
evidence,
thank
you
shorty.
Can
you
please
walk
us
through
just
a
typical
day
at
the
site.
What
would
we
see
if
we
were
observing
the
site?
You
started
to
get
into
it
and
you're
when
you
first
started,
but
just
back
up
and
say
it
again?
Okay,
so
you
know
employees,
I
just
come
up
there
around
6
30
7
o'clock.
You
know
we
load
up
stuff
from
the
site
from
the
field
there
and
then
we,
the
trucks,
leave
from
there
and
we
go
to
the
jobs.
L
And
we
do
you
know
whatever
work,
we're
doing
a
septic
system
or
whatever
we
have
to
do
and
then
then
we
come
back
in
the
evening
anywhere
from
3
30
to
5,
30
and
sometimes
I'll
have
a
guy
working
in
the
shop
working
on
some
of
the
equipment
on
you
know
minor.
A
Repairs
and
stuff
and
then
other
than
that
after
the
before
most
most,
everybody
leaves
by
four
o'clock
from
the
shop.
Can
you
describe
the
type
of
equipment
that
you
keep
at
the.
A
Site
some
small
bobcats
and
maybe
once
in
a
while,
we
have
a
loader
there
or
trico.
K
K
What
they
saw
that
day
would
that
be
akin
to
what
they
would
see
on
any
average
day
at
the
site:
yeah
pretty
much
yep,
okay,
the
equipment,
that's
that
you're
taking
to
a
job
site,
is
that
being
taken
every
day
and
brought
back
to
your
site
every
day,
explain
a
little
bit
how
that
works
yeah
most
of
the
equipment.
We
take
it
to
a
job.
We
use
it
on
that
job.
Then
we
move
it
from
that
job
to
the
next
job.
K
So
that's
it
only
comes
back
if
we
need
to
do
a
little
bit
of
work
to
it
or
something
like
that,
but
mostly
it
goes
from
job
to
job
to
job
to
job.
You
know
like
say:
the
trucks
would
be
the
things
that
come
back
every
day
and
then
leave
every
day,
so
you're
handling
kind
of
incidental
maintenance
of
that
equipment
at
the
site.
K
But
aside
from
that,
any
big
maintenance
or
anything
that
required
more
intense
work
would
be
done
off-site
yes,
ma'am,
okay,
and
when
you
talk
about
the
line
of
work,
you
do
when
you
say
excavating.
Is
it
fair
to
say
that
mo
that
that
work
is
being
conducted
off-site?
Yes,
okay,
what
type
of
activity
if
any,
is
happening
outside
on
your
property
at
this
site,
just
mine
are
working
on
equipment
and
then
we
might.
We
stockpile
some
stone
there
and
boulders
there.
K
So
in
case
we
need
them
on
a
job
and
then
some
so
that
would
be
the
things
that
we
stockpile.
There
would
be
stone
dirt
and
then
we
load
it
up
and
haul
it
away.
So
the
outdoor
activity
is
primarily
storage
of
materials
and
then
employees,
loading
up
and
leaving
for
the
day
and
returning
correct
yes,
okay.
Now
what
about
inside?
What
type
of
activity
occurs
in
the
buildings
just
repairs?
K
Basically,
the
repairs
that
we
have
to
do:
we
do
it
in
the
shop
or
we
store
and
stuff
in
there
in
the
cold
weather
to
keep
it
from
freezing
and
stuff.
Like
that,
the
hours
of
operation,
you
talked
about
kind
of
the
the
times
of
day
that
your
employees
come
and
leave.
But
can
you
talk
with
me
specifically?
What
days
of
the
week
are
your
employees
coming
to
the
site
monday
through
friday,
okay,
ever
an
opportunity
for
potentially
a
half
a
day
saturday
or
something?
Oh
yeah?
K
We
were
okay
and
use,
say
again
the
hours
approximately
that
that
your
employees
are
coming
in
to
the
site
from
6
30
to
like
4
30
would
be
the
busiest
we're
not
all
that
done,
but
sorry
they
come
in
4,
30,
they're,
all
gone
okay,
so
around
6
30
or
later
they
arrive
to
the
site
and
then
by
four
o'clock,
approximately
they've
all
returned
and
have
left.
K
Okay
now
do
you
how
many
employees
do
you
have
10
of
them
and
do
all
do
10
so
10,
including
yourself,
you
said,
okay,
so
do
10
employees,
including
yourself
report
to
the
site
daily?
Yes,
yes,
do
you
predominantly
employ
people
from
carroll
county
everybody
that
works
out
from
carroll
county
anybody
that
works
for
you
that
meets
direct
at
a
job
site
or
does
everybody
come
here?
K
We've
got
a
few
people
that
go
directly
to
the
job
search
department
equipment,
okay,
any
deliveries
that
occur
to
this
site
that
are
kind
of
out
of
the
ordinary,
like
huge
materials
deliveries
or
anything
like
that
that
you're
getting
on
a
regular
basis.
We
have
some
material,
delivered
there,
maybe
twice
three
times
a
week
other
than
that
we
don't
really
have
a
whole
bunch
of
deliveries
made
to
the
all
the
materials
usually
taken
right
to
the
job,
who
have
any
customers
that
come
to
the
site,
I'm
very
seldom.
K
They
might
come
out
there
once
in
a
while
or
give
me
a
set
of
plans
or
would
pay
us
so
so
you're
not
encouraging
customer
activity
to
the
site,
though
oh
no
okay
nobody's
coming
there
as
a
retail
type
business
to
look
at
material.
Okay,
are
you?
Do
you
light
the
site
with
anything
greater
than
kind
of
residential
style
lighting?
Currently,
do
you
have
any
lighting
of
the
site?
That's
greater
than
house
at
this
point
in
time.
No,
okay,
are
you
requesting
any
signage
as
part
of
your
use?
E
Other
business
type
uses
near
your
property
that
you're
aware
of
right
across
the
street.
K
K
Okay,
now
you
heard
mr
dixon
read
two
of
the
letters
into
the
record
at
the
beginning
of
the
case.
Are
those
neighbors
of
yours
that
you
heard
okay,
and
were
you
also
able
to
obtain
a
letter
from
mr
richard
as
well?
Yes,
it
was
okay.
K
Thank
you,
shorty,
I'm
showing
you
a
copy
of
the
same
two
letters
that
mr
dixon
just
introduced
and
the
third
that
you
just
referenced
from
mr
richard
correct,
okay
and
then
the
first
page
of
this
that
I've
marked
as
applicants
exhibit
three
is
just
a
visual
showing
where
those
people
are
in
relation
to
your
property.
Correct,
yes,
okay!
Does
that
accurately
depict
the
location
to
your
the
best
of
your
knowledge?
Yes,
it
does.
I
would
ask
that
this
be
entered,
as
applicants
exhibit
three.
We
will
accept
that
into
evidence.
K
I
have
no
further
questions
of
mr
kuhn
at
this
point.
Does
anyone
from
the
audience
have
any
questions
of
mr
coons
testimony
and
again
just
of
his
testimony
board
members
any
questions
of
mr
coons
testimony
mr
caldwell
good
morning,
sir,
how
you
doing
just
a
quick
question:
do
you
anticipate
an
increase
in
the
amount
of
traffic
that
you
generate
from
your
business
as
a
result
of
these
changes?
It
doesn't
really
increase
it.
K
I
mean
we
come
in
in
the
morning
we
leave
in
the
evening,
because
that
was
that
the
question
I
think
he
was
asking:
are
you
anticipating
any
increase
to
traffic
as
a
result
of
this
request?
Is
that
correct?
That's
it!
Thank
you
all
right
thanks
the
question
I'd
have.
Is
I
see
the
content?
Storage
yard
is
two
point.
Eight
acres,
I
believe,
what's
the
size
of
the
entire
parcel,
my
entire
parcel
that
I
that
my
house
in
the
shop
were
on
is
like
27
and
a
half
acres
and
just
a
follow-up
question.
K
What's
the
acreage
of
the
additional
[
__
]
property,
there
is
identified
approximately
33
acres
of
an
additional.
So
traditionally,
a
contractor
storage
yard
is
two
acres
in
the
ag
zone.
One
acre
one
acre
we're
requesting
2.8.
Could
you
elaborate
on
why
why
the
request
is
for
that?
The
2.8
is
because
compared
to
one
acre,
I
will
ask
mr
kuhn
to
state
anything.
He
has
to
offer
there,
mr
bale,
but
I
will
also
be
calling
john
lemerman
from
rtf
as
well,
in
this
case,
okay.
K
Okay,
any
other
questions
board
members
last
question
the
existing
buildings
that
have
been
built,
the
metal
buildings
how
long
ago,
how
long
have
they
been
there?
Well,
the
original
building
has
been
there
for
probably
25
years
and
the
other
one's
been
there,
probably
for
two
years,
I'm
leaving
all
right.
Thank
you
any
other
questions.
Thank
you
very
much,
miss
miller.
You
want
to
call
your
next
witness.
Thank
you.
K
I
would
next
call
mr
john
lemerman,
mr
lemmerman,
can
you
please
introduce
yourself
stating
your
name,
spelling
your
last
name
and
address
for
the
record
s?
Mr
lemmerman,
have
you
appeared
before
this
board
previously?
Yes,
I
have.
I
am
prepared
to
qualify
mr
lemmerman
if
this
board
wishes.
But
if
you
are
amenable,
I
would
ask
that
he'd
be
qualified
as
an
expert
in
the
area
of
surveying
land
use,
design
and
planning.
Based
on
his
past
appearances
before
this
board,
we
will
accept
him
as
an
expert
witnesses
witness
in
those
fields
based
on
his
previous
testimony.
K
Thank
you.
Thank
you,
mr
lemmerman.
Were
you
present,
and
did
you
hear
all
of
mr
kuhn's
testimony
in
this
case?
Yes,
and
were
you
asked
to
prepare
the
drawing
that
accompanied
this
application?
Yes,
I
was
in
preparing
that
drawing
did
you
take
a
look
at
the
zoning
natural
features,
topography
of
this
property
in
the
surrounding
area?
Yes,
I
did,
can
you
tell
us
what
zone
this
property
is
in
sure
the
the
contractor
storage
yard
itself
area
is
in
the
agricultural
zone
immediately
to
the
north
of
that
is
all
agricultural.
K
The
immediate
south,
including
the
majority
of
the
the
27,
acre,
parcel
that
it
sits
on
the
majority
of
that
is
conservation
to
the
south
and
east
and
west,
and
then
there's
the
industrial
zone
directly
to
the
west
across
the
street.
Thank
you
very
much,
which
was
the
mt
laney
property
that
is
owned.
Industrial
I
won
that
was
mentioned
earlier,
mr
lemmerman
you're,
looking
at
what
I've
just
presented
as
applicants
exhibit
four.
Is
that
just
a
visual
depiction
of
the
county
zoning
map?
K
K
Zone
and
immediately
to
the
south,
east
and
west
and
the
green
is
conservation
zone,
and
then
the
industrial
zone
across
the
street
to
the
west
is
in
purple,
and
I
know
mr
[
__
]
stated
it,
but
can
you
confirm
what
the
acreage
of
the
subject
property
is?
Yes,
that
is
27.2606
acres?
Have
you
personally
visited
the
site?
Yes,
I
have.
Are
you
aware
of
how
this
site
accesses
how
the
site
is
accessed?
Yes,
I
am
okay.
K
What
road
does
it
access
to
salem
bottom
road
and
to
your
knowledge,
is
that
a
county
maintained
road?
It
is,
and
are
you
aware
of
whether
sail
and
bottom
is
built
to
county
specifications?
I
believe
it
is
yes,
okay,
based
on
the
type
of
traffic
that
you've
heard
testified
to
here
today.
Do
you
believe
that
sale
and
bottom
is
capable
of
handling
that
type
of
traffic?
K
Yes,
I
do
now
you're
aware
that
the
applicant
has
requested
a
few
variances
variances
as
part
of
this
application,
correct,
correct,
okay,
so
just
to
review
them
one
one
more
time.
One
is
the
area
variance
for
the
yard.
One
is
the
access
drive,
variance
if
necessary,
and
one
is
the
distance
variance.
If
necessary.
Are
you
familiar
with
the
carroll
county
zoning
code?
Yes,
can
you
tell
us
whether
a
contractor's
equipment,
storage
yard
is
an
allowed
conditional
use
in
the
ag
and
conservation
districts
it
is
in
the
agricultural
zone?
K
I
do
not
believe
it
is
in
the
conservation
zone.
Okay,
because
this
property
is
split
zoned.
Is
it
accurate
to
say
that
the
location
of
the
contractor's
yard
is
the
only
location
on
the
site
where
it
would
be
allowed?
Yes,
okay,
this
is
it
unique
to
have
a
property?
That's
split,
zoned,
like
this
fairly
unique.
Typically,
the
zoning
maps
follow
boundaries
property
lines.
Is
it
additionally
unique
to
have
a
use
on
a
property
that's
allowed
in
one
portion
of
the
property,
but
not
another?
Yes,
meaning
oftentimes.
K
When
you
see
two
similar
districts
there's
the
same
uses
that
are
allowed
in
both
correct.
If
you
look
at
the
zoning
code
right,
is
there
anywhere
else
on
this
ag
zoned
portion
of
the
property
where
we
could
locate
this
use
so
as
not
to
need
a
distance
variance?
No,
I
believe
now
that
the
threshold's
900
feet
okay,
having
accessed
and
visited
this
site
personally,
can
you
say
whether
there's
plenty
of
space
on
the
driveway
for
someone
to
pull
over
if
necessary?
K
Yes,
yet
there's
several
areas
that
are
widened
at
the
bottom,
about
halfway
up
at
the
bend,
there's
a
plenty
of
space
and
and
at
the
top.
So
yes
do
you
believe
there
will
be
any
access
issues
as
a
result
of
the
width
of
the
the
drive
as
it
as
it
exists
today
I
don't
anticipate
any
no.
If
we
were
required
to
widen
the
drive.
Would
that
also
result
in
additional
impervious
surface
yes
and
disturbance,
and
that
would
what
would
the
impact
of
that
be?
K
Just
generally
speaking,
generally
speaking,
we're
adjacent
to
morgan
run,
which
is
a
why
it's
the
majority
of
the
property's
own
conservation,
to
begin
with,
there's
some
very
steep
slopes
that
are
involved
so
and
during
the
site
plan
process,
a
lot
of
that
will
be
probably
conserved
in
water
resource
protection
easements.
So
disturbance
is
generally
frowned
upon
in
those
areas
in
terms
of
the
existing
storage
yard.
As
mr
bale
pointed
out,
it's
two
it's
approximately
2.8
acres
in
size.
You
understand
that
there
will
be
a
site
plan
required
after
this
process.
K
Correct,
yes,
okay!
Is
that
area
already
disturbed
to
the
point
of
requiring
the
site
plan.
I
mean
it.
Would
there
be
any
benefit
to
bringing
that
in
or
is
it
already
kind
of
existing
gravel
and
the
buildings?
It's
all
existing
to
answer
the
question.
The
area
disturbances
with
certain
agencies
like
forest
conservation
and
stormwater
management
are
based
on
accumulative
disturbances.
They
have
the
word
accumulative
in
there,
so
they
do
look
at
dated
aerials.
A
G
Allowed
in
the
ag
district,
I
would
say
definitely
less
other
uses
in
the
ag
district.
G
C
C
J
D
Is
there
anyone
from
the
audience
that
wants
to
provide
testimony
in
this
case,
seeing
none
presentation
of
testimony
and
evidence
is
now
closed
and
some
nations
are.
D
In
order,
ms
miller,
thank
you
mr
chair
members
of
the
board.
You
know,
as
I
said
in
my
opening.
A
J
A
Acts
meetings
act
of
maryland.
The
board
will
now
consider
the
case
mr
colwell,
going
out
to
the
site
visit.
I
was
totally
unaware
mr
[
__
],
that
you
operated
business
there.
It's
you
know
it's
idyllic
setting,
it's
yes
to
me!
It's
zero
impact
on
the
appearance
in
the
neighborhood.
It's
a
very
nice
indeed
facts
that
you've
lived
there
you're,
obviously.
A
I
agree
you
agree,
mr
snyder,
I'm
in
concurrence.
I
think
it's
a
it's.
It's
a
very
practical
location
for.
A
The
equipment
storage
yard
notwithstanding
the
size
which
is
a
little
larger
than.
B
It
grew
or
didn't
grow,
but
it's
been
functional.
The
neighbors
are
not
are
supportive
of.
B
It
and
I
think,
that's
a
real
key
element
in
cases
like
this
as
not
to
intrude
when.
B
The
second,
I
don't
have
anything
else
to
add
other
than
it's
obvious,
that
this
is
the.
B
Only
allowed
to
have
one
acre
in
the
ag
zone,
I
think
it's
been
demonstrated
that
this.
B
Is
absolutely
understood
based
on
the
the
size,
the
in
the
location
and
the
topography.
B
Of
the
actual
site,
would
this
again
schultz
v
prince
with
this
be
more
adv,
would
just.
B
Have
more
adverse
impact
on
the
neighborhood
than
at
any
other
place
in
the
ag
zone
and.
B
With
the,
if
we
didn't
allow,
the
variants
would
would
be
real
so
with
that
board.
B
Imaginative,
if
you
wish
please
yes,
okay
in
case
number,
six,
four
four
two
before
the.
B
Board
of
zoning
appeals
that
the
board
approve
the
requests
for
conditional
use
of
contractors.
B
Equipment,
storage,
yard
area
variants
and
the
variance
for
potential
setback,
distance.
Q
Get
your
your
patients
out
there
based
on
the
number
of
you
in
the
room
and
just.
Q
R
One
o'clock
for.