THE BERKELEY COUNTY PLANNING COMMISSION MINUTES
The Berkeley County Planning Commission met in regular session on December 5, 2005, in its office at
400 West Stephen Street, Suite 203, Martinsburg, WV.
1.
The meeting was called to order by President John Jeans, presiding.
2.
ROLL CALL
a. PLANNING COMMISSION MEMBERS: Members Present: Richard Talbott, Bonnie
Stubblefield, Lee Samsell, Ron Collins, Robert Butler, Gary Poling, John Jeans. Member
Absent: Linda Barnhart, Ray Brosuis.
b. STAFF:
Steve Aberegg, Assistant Engineer
Stefanie Allemong, Interim Planning Director
Debbie Laing, Secretary I/Clerk.
c. MEMBERS OF THE PUBLIC: Bill Fischback, Janet and Bill Weis, Betty Beckley, David
Klinger, Gary Heichel, Doug Bayer, Nevin, Kelley and Mark Hoskins.
3.
COMMISSION MEETING MINUTES
a. November 7, 2005 Meeting Minutes
Bonnie Stubblefield stated that some minor corrections had been given to Stefanie and
the changes had been made.
ACTION TAKEN: The motion was made by Ron Collins and seconded by Lee Samsell
to accept the November 7, 2005, Planning Commission Meeting Minutes as corrected.
Gary Poling abstained due to absenteeism. Call for question. The motion still carried.
b. November 21, 2005 Meeting Minutes
John Jeans stated that some minor corrections had been given to Debbie for editorial
corrections.
ACTION TAKEN: The motion was made by Ron Collins and seconded by Lee Samsell
to accept the minutes of November 21, 2005 as amended. Call for question. Gary Poling
abstained due to absenteeism. Call for question. The motion still carried.
4.
SUNSHINE LAW SPEAKERS
Bill Fischbach spoke regarding a request made 6 months ago for the resignation of some
of the Planning Commission members, due to unwise decisions and conflicts of interest.
He stated regarding integrity, there was a cloud over the Commission and requested
employees to act in professional manner and closed with the request for the resignation of
Ray Brosuis, Robert Butler, John Jeans and Gary Poling. In-addition, he thanked Bob
Butler for attending the Karst workshop.
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Janet Weis spoke in summary of an excerpt from her speech given at the County
Commissioners meeting Thursday December 1, 2005, quoting the WV Governmental
Ethics Act, Chapter 6B. She requested the County Commissioners be aware of electing
future Planning Commissioners since the public would rely on them to elect officials with
confidence in the integrity of governmental process. She requested a motion be made by
Commissioner Strauss to require full financial disclosure of the Board and Planning
Commission applicants. It was asked of Commissioner Collins what has become of the
Subdivision Regulation Revisions. She stated that Patrick Henry, William Teach and
Matt Mullenex were sent a number of items for review due to recent changes of the WV
Code. She then stated that any new changes would require a public hearing to be held and
that the year was coming to an end and she requested the revised subdivision ordinance
hearing be scheduled as soon as possible.
Bill Weis spoke regarding Spring Hill LLC and Arcadia Building Company. He asked
Mr. Butler if he had a business interest in these companies. Mr. Butler responded by
saying yes he did. Mr. Weiss made note of the Chapter 6B WV Code, regarding the
purpose of defining and establishing minimum ethical standards for public servants and
other persons. He addressed advisory opinion # 2005-07 and questioned his role as a
Planning Commissioner while continuing his business activities. He stated that it was the
opinion that a Commissioner such as Mr. Butler, his employees and any other agents of
business activities are precluded from appearing before the Planning Commission. He
also stated that if he remains on the Commission, none of his business ventures should
come before the Planning Commission for decision. He also stated that Mr. Butler should
not have any projects go before the Planning Commission for one year from the time Mr.
Butler leaves his post as Planning Commissioner. Mr. Weiss stated that violation of the
WV Code 6B-2-5 (g) was a criminal offense. Lastly he requested to have Commission
members to disclose any and all construction or land development business activities in
which they engage in the future and the past year while being a member of the Planning
Commission.
David Klinger spoke in summary as a concerned citizen of Whiting’s Neck. He stated
that Judge Wilkes found that granting Preliminary and Final plat approval by the
Planning Commission in the matter of the Greensburg Estates Development should not
have been done. He stated one of the reasons for Judge Wilkes’ decision was based upon
inadequacy of public notice for required hearings and he ordered a stop work order on the
Greensburg Estates project until such time adequate public notice is given. He stated that
upon advice of its own counsel, the Planning Commission suspended action on four
pending plat reviews for other development projects citing deficiencies in the public
notification process and non-conformance. Furthermore he requested that all projects be
tabled until the department can properly and legally give required notice for the
Commissioners to perform their jobs and review the record for every development project
for calendar years 2004-2005.
Gary Heichel spoke in summary of the ethics issues and the public interest of the
financial part of the fee schedule.
Doug Bayer spoke stating that he was a developer and he did not appreciate how the
public had nothing better to do but complain. He stated that perhaps the Planning
Commission should be abolished and then the public could see how things turn out.
Nevin Kelley of the Concerned Citizen’s of Whitings Neck had given notice in May,
June and July, of violations, business interests and relationship to ethical violations.
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Mark Hoskins spoke regarding the November 7th , 2005 Planning Commission meeting
where his project had been tabled for two weeks and still had not appeared on the agenda.
5.
DISCUSSION OF FEE SCHEDULE:
Ron Collins made reference to the fee schedule stating that the fee schedule had been
revised and that the changes would be minimal. He stated that the fee increase would
help to pay for the two proposed planner position, planner reviewer and the possible
zoning administrator position. Streamline and not very noticeable. He also stated that
workshops would be available to the public in open meetings for discussions of fees and
accomplishments.
6.
FINAL PLAT APPROVAL:
a. Spring Hill, Section 5, Phase 2 -Pulled from Agenda-Received final plat approval on
November 7, 2005. It was mistakenly added to the agenda.
b. Yorkshire Glen, Section 1, Phase 1- Proposes 225 single family lots on approximately
155.84 acres. The property is located on both sides of Van Clevesville road between
Needy Road and Sycamore Village, in the Arden Tax District.
File #32-04.
Arcadia Development, Developer William H. Gordon, Engineer
Stefanie Allemong read the description and project notes.
Eric Spencer was present as representative.
Bonnie Stubblefield stressed concerns regarding wetness and the intent to direct drainage
away from Sycamore Village.
Eric Spencer replied that storm water would be draining away from Sycamore Village to
alleviate issues of the water around all structures.
Bonnie Stubblefield questioned the original plat implied basements. She questioned
whether there would be basements going in or if they would be on crawl spaces.
Eric Spencer stated that there would not be any basements in Phase 1, and that in the
event the next phase may have basements that a Geo Tech would be contracted to make
sure that basements would work on each individual lot and that was the reason for the
note on the Preliminary Plat.
ACTION TAKEN: Based upon the application, approvals received from various
agencies and staff recommendations Mr.Gary Poling moves to grant final plat approval
under the requirements of the ordinance subject to the posting and existence of an
approved bond in the initial amount of $1,606,694.70 and further subject to the continued
compliance of the project with the Ordinance with Annual Compliance Assessments.
Second by Mr. Samsell. Bob Butler abstained. Call for question. The motion carried.
7.
SUPPLEMENTAL PLAT APPROVAL:
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a. ASAP Powder Coating, LDU- Proposes construction of a 9,800sq ft building on
approximately 8.18 acres. The property is located on the east side of Route 11 and 200 ft
east of RT 11/2 (Broad Lane) in the Falling Waters Tax District. File #27-99.
Marlin E. Myers, Developer PC DiMagno, Engineer.
Stefanie Allemong read the description and project notes.
Marlin Myers present as representative.
ACTION TAKEN: The motion was made by Ron Collins and seconded by Gary Poling
to table item for 30 days to allow the developer to respectfully correct the issues within
the project notes. Call for question. The motion carried unanimously.
b. Martin’s Car Wash and Storage- Pulled from the agenda since as-builts were submitted
for verification not approval.
c. Northwind, Phases 1 and 2-Pulled from agenda request since they were on for bond
release.
8.
BOND REVISION:
a. REQUEST FOR BOND REVISION-Webber Springs, Section 2, Phase 1-Proposes 125
single family homes on approximately 41.3 acres. The property is located on the south
side of Rt 51, approximately 0.36 mile southeast of the intersection with Rt 51/7, Mill
Creek Tax District. File #26-05.
Webber Springs LLC, Developer. Berkeley Associates, Inc., Engineer
Stefanie Allemong read the description and project notes.
Doug Bayer present as representative.
ACTION TAKEN: The motion was made by Gary Poling and seconded by Lee Samsell
to accept staff recommendation by the assistant county engineer to revise the bond
amount from $1,790,591.40 to $70,254.60. Call for question. The motion carried
unanimously.
9. REQUEST FOR BOND REDUCTION AND RELEASE:
a
REQUEST FOR BOND REDUCTION-Riverside, Section 1- Proposes 19 single family
homes on approximately 26.74 acres. Property is located on the south side of Rt 11/2
Broad Lane, in the Falling Waters Tax District. File #19-02.
Antietam Recreation, Developer. Antietam Design, Engineer
Stefanie Allemong read the description and project notes.
No one was present as representative.
ACTION TAKEN: The motion was made by Bob Butler and seconded by Ron Collins
to accept the engineer recommendation to reduce surety in the amount of $50,279.52, for
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retained surety in the amount of $146,787.30. Call for question. The motion carried
unanimously.
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b. REQUEST FOR BOND REDUCTION-Riverside, Section 2- Proposes 34 single family
homes on approximately 38.08 acres. The property is located on the south side of Rt 11/2
Broad Lane, in the Falling Waters Tax District. File #83-04.
Antietam Recreation, Developer. Antietam Design, Engineer
Stefanie Allemong read the description and project notes.
No one was present as representative.
ACTION TAKEN: The motion was made by Bob Butler and seconded by Ron Collins
to accept engineer recommendation to reduce surety in the amount of $44,095.32, for a
retained surety in the amount of $ 75,148.71. Call for question. The motion carried
unanimously.
c. REQUEST FOR BOND REDUCTION: Webber Springs, Section 1, Phase 1-Proposes
38 single-family lots on approximately 17.36 acres. The property is located on the south
side of Middleway Pike, approximately 0.36 mile southeast of its junction with Sulphur
Springs Road, (Rt. 51/7), in the Mill Creek Tax District.
Webber Springs, LLC, Developer. Berkeley Associates, Engineer. File #15-03.
Stefanie Allemong read the description and project notes.
Doug Bayer was present as representative.
ACTION TAKEN: The motion was made by Ron Collins and seconded by Gary
Poling to accept engineer recommendation to reduce surety in the amount of
$218,966.80, for a retained surety in the amount of $23,000.20. Call for question. The
motion carried unanimously.
d. REQUEST FOR BOND REDUCTION: Webber Springs, Section 1, Phase 2-Proposes
30 single family lots on approximately 7.95 acres. The property is located on the south
side of Middleway Pike, approximately 0.36 mile southeast of its junction with Sulphur
Springs Road, (Rt. 51/7), in the Mill Creek Tax District.
Webber Springs, LLC, Developer. Berkeley Associates, Engineer. File #15-03.
Stefanie Allemong read the description and project notes.
Doug Bayer was present as representative.
ACTION TAKEN: The motion was made by Gary Poling and seconded by Ron
Collins to accept engineer recommendation to reduce surety in the amount of
$110,475.30, for a retained surety in the amount of $2,208.00. Call for question. The
motion carried unanimously.
e. REQUEST FOR BOND REDUCTION: Webber Springs, Section 1, Phase 3-Proposes
46 single family lots on approximately 12.42 acres. The property is located on the south
side of Middleway Pike, approximately 0.36 mile southeast of its junction with Sulphur
Springs Road, (Rt. 51/7), in the Mill Creek Tax District.
Webber Springs, LLC, Developer. Berkeley Associates, Engineer. File #15-03.
Stefanie Allemong read the description and project notes.
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Doug Bayer was present as representative.
ACTION TAKEN: The motion was made by Gary Poling and seconded by Bob Butler
to accept engineer recommendation to reduce surety in the amount of $238,657.46, for a
retained surety in the amount of $9,600.00. Call for question. The motion carried
unanimously.
f. REQUEST FOR BOND REDUCTION-McCauley Crossing, Section 1-Proposes 49
single-family lots on approximately 20.29 acres. The property is located on the south
side of Rt. 26, (Giles Mill Road) and east of Rt. 11, (Winchester Avenue), in the Mill
Creek Tax District.
Newbraugh-Ryan, Developer. Fox & Associates, Engineer. File #76-02.
Stefanie Allemong read the description and project notes.
Jim Barnes was present as representative.
ACTION TAKEN: The motion was made by Lee Samsell and seconded by Ron
Collins to accept engineer recommendations to reduce surety in the amount of
$548,220.00
for a retained surety in the amount of $266,722.80. Call for question. The motion carried
unanimously.
g. REQUEST FOR BOND REDUCTION-Inwood Meadows, Section 2-Proposes 94
single-family lots on approximately 31.74 acres. The property is located on the north
side of Rt. 51, (Middleway Pike) approximately 1.3 miles east of Inwood, in the Mill
Creek Tax District.
Manning & Ross Builders, Developer. Greenway Engineering, Engineer. File #44-94.
Stefanie Allemong read the description and project notes.
No one was present as representative.
ACTION TAKEN: The motion was made by Bob Butler and seconded by Gary Poling
to accept engineer recommendations to reduce surety in the amount of $119,944.50 for a
retained surety in the amount of $57,854.70. Call for question. The motion carried
unanimously.
h. REQUEST FOR BOND REDUCTION-Tabler Station Manor, Section 2-Proposes 8
town home lots on approximately .061 acre. The property is located on the south side
of Rt. 32, (Tabler Station Road), approximately 0.34 mile west of Rt. 11, in the Arden
Tax District.
Ayers & Ayers Holding Co., LLC, Developer. Huntley, Nyce & Associates, Engineer.
File #28-02.
Stefanie Allemong read the description and project notes.
No one was present as representative.
ACTION TAKEN: The motion was made by Gary Poling and seconded by Lee
Samsell to accept engineer recommendations to reduce surety in the amount $ 39,272.70
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for a retained surety of $6,491.40. Call for question. The motion carried unanimously.
i. REQUEST FOR BOND RELEASE-Fieldstone, Section A, Phase 1-Proposes 30 singlefamily lots on approximately 47.64 acres. The property is located on the west side of
Rt. 45/3, (Files Crossroads), approximately 0.5 mile south of Rt. 45, (Shepherdstown
Road), in the Opequon Tax District.
Newbraugh-Ryan, LLC, Developer. Huntley, Nyce & Associates, Engineer. File #33-01
Stefanie Allemong read the description and project notes.
Jim Barnes was present as representative.
ACTION TAKEN: The motion was made by Gary Poling and seconded by Bob Butler
to accept engineer recommendations to release surety in the amount of $52,748.00. Call
for question. The motion carried unanimously.
j.
REQUEST FOR BOND RELEASE-Fieldstone, Section A, Phase 2-Proposes 12 singlefamily lots on approximately 18.12 acres. The property is located on the west side of Rt.
45/3, (Files Crossroads), approximately 0.5 mile south of Rt. 45, (Shepherdstown Road)
in the Opequon Tax District.
Newbraugh-Ryan, LLC, Developer. Huntley, Nyce & Associates, Engineer. File #33-01
Stefanie Allemong read the description and project notes.
Jim Barnes was present as representative.
ACTION TAKEN:
The motion was made by Gary Polling and seconded by Bob
Butler
to accept engineer recommendation to release surety in the amount of $48,081.00. Call
for question. The motion carried unanimously.
k. REQUEST FOR BOND RELEASE-Northwind, Phase 1-Proposes 36 singlefamily lots on approximately 25.16 acres. The property is located on the east side of Rt.
11/1, (Downey Orchard Road) north of Rt. 11, in Falling Waters Tax District.
Panhandle Homes, Developer. Davis, Renn & Associates, Engineer. File #45-00.
Stefanie Allemong read the description and project notes.
Lynn Marshen was present as representative.
ACTION TAKEN: The motion was made by Gary Poling and seconded by Ron
Collins to accept engineer recommendation to release surety in the amount of
$194,688.00. Call for question. The motion carried unanimously.
l. REQUEST FOR BOND RELEASE-Northwind, Phase 2-Proposes 40 singlefamily lots on approximately 25.53 acres. The property is located on the east side of Rt.
11/1, (Downey Orchard Road) north of Rt. 11, in Falling Waters Tax District.
Panhandle Homes, Developer. Davis, Renn & Associates, Engineer. File #45-00.
Stefanie Allemong read the description and project notes.
Lynn Marshen was present as representative.
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ACTION TAKEN: The motion was made by Bob Butler and seconded by Gary
Poling to accept engineer recommendation to release surety in the amount of
$222,580.00. Call for question. The motion carried unanimously.
10.
DISCUSSION
a. Betty Beckley spoke regarding Spring Hill Subdivision Final Plat approval being
pulled from the agenda stating that there were some conflicts with the dates in the
file. She also requested that the citizens have some sort of time frame made available to
them as to when the regulations will be finished and given to the County Commission for
public hearing. She also questioned the status of the Comprehensive Plan.
11.
STAFF/COUNSEL DISCUSSION/COMMENTS
Pat Henry spoke regarding several law suits and the rulings that were made with them.
He stated that procedures may have to change because of some of the rulings. He stated
that Planning Commission meetings may become more court like including having legal
counsel to represent citizens that will state concerns for a certain project. He also stated
that every project that had received approval since 2003 would not have to be rescinded
but that they would have to be handled on a case by case basis and that the statute of
limitations may have expired on several of the projects.
12.
ADJOURNMENT
ACTION TAKEN: The motion was made by Ron Collins and seconded by Gary
Poling to adjourn at 8:35 p.m. Call for question. The motion carried unanimously.
Respectfully Submitted,
Debbie J. Laing
Secretary I/Clerk
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