Published: March 12, 2008
Terrapin Run permit confirmed
Kevin Spradlin
Cumberland Times-News
CUMBERLAND - Maryland's highest court on Tuesday upheld a lower court's opinion to grant Terrapin Run its land-use permit for a proposed 4,300-unit subdivision in eastern Allegany County.
The 4-3 ruling, said Bob Paye, attorney for Terrapin Run developer PDC Inc. of Columbia, means that "land-use plans in Maryland are local plans, not necessarily state-mandated plans."
The complete ruling can be viewed at http://mdcourts.gov/opinions/coa/2008
/44a07.pdf.
Opponents of Terrapin Run had argued that to grant a special exception to the county zoning ordinance, that exception must "conform" to local land-use policies. But the court noted that the oft-practiced "in harmony with" is the "traditional standard in applications for special exceptions."
"The insertion of the word 'conform' in a 1970 statute was neither intended to, nor did it, change the standard," the court ruled.
Judge Dale R. Cathell wrote in the opinion, which upholds the August 2005 decision by the Allegany County Board of Zoning Appeals, that "local planning processes or decisions are governed by the local visions, not the state policies and are subject to local, not state, regulation."
Paye said Allegany County has a "very responsible plan" with a number of areas spared from development after being designated as sensitive areas. But, Paye said, "Terrapin Run was not one of them."
"I think it also really vindicates the local planning commission and the local board of zoning appeals," Paye said. "Both did a very, very thorough job of reviewing this thing."
Hagerstown attorney William Wantz, who represented Terrapin Run opponents, said the case "expands the power of local boards of appeal."
"The boards are free to apply a much more permissive standard in determining whether special exceptions conform to the plan," Wantz said. Boards have "more freedom to disregard fundamental planning principles (and the decision) broadens the scope of authority to approval of special exceptions."
Dale Sams, a Cumberland resident and founder of Citizens for Smart Growth in Allegany County, opposed Terrapin Run for a number of reasons. He said that Wantz appropriately argued that a special exception shouldn't be granted unless the plan conforms to the county's comprehensive plan.
"I think the legal argument that we put forward was a very significant and important legal argument," Sams said. "I think there's testimony to that fact because the decision is a split decision."
Sams said that development still cannot commence. Numerous permits must still be applied for and evaluated on a case-by-case basis, he said. PDC also must submit an anti-degradation study, which shows the social and economic impact of the subdivision on the area and how the development will affect Fifteen Mile Creek, a Tier II waterway, and its watershed.
"It has many more hurdles to cross before the development can become practical," Sams said.
He disagreed with the prevailing opinion.
"If the court's decision is permitted to stand, it undermines two decades of smart growth advocacy and leadership," Sams said. "It seems to me that the General Assembly may want to have the last word on what it meant by using 'conform' in the enabling legislation."
Paye discounted the notion of any further legal wrangling. He said any further attempt to appeal would be an effort to raise a federal issue "and no federal issue has been involved. So far as we know, this is the end of the line."
Had the ruling been reversed, Paye said it would have been a "major change" in Maryland law.
"The ruling upholds the same standards that's been in use for over 25 years, which is the standards our board has always followed," Paye said. "This does justify all the work they've done."
Contact Kevin Spradlin at kspradlin@times-news.com.
Below is a brief timeline of events surrounding yesterday's Terrapin Run ruling in favor of developers.
* Aug. 2-30, 2005: Terrapin Run received 2-1 approval for special exception to the county zoning ordinance by the Allegany County Board of Zoning Appeals.
* Opponents filed suit in Allegany County Circuit Court, arguing the development must "conform" to master plan as required by Code of Maryland Regulations.
* Judge Gary G. Leasure decided the Board of Zoning Appeals used incorrect testing in its deliberations and instructed the case should be reconsidered under more stringent standards "consistent with" the master plan.
* Terrapin Run opponents filed an appeal to Maryland Court of Special Appeals, continuing the argument that special exceptions must "conform" to local comprehensive plans.
* April 6, 2007 - Court of Special Appeals said the master plan is "merely advisory in nature," strict compliance not required and told circuit court to affirm local zoning board's decision.
* Terrapin Run opponents filed a petition with the Court of Appeals. A hearing was held Nov. 29, 2007.
* Court ruled 4-3 Tuesday in favor of developers.
Published: January 18, 2008
Planning commission votes down inclusion of ecologically significant areas in LaVale plan
Kevin Spradlin
Cumberland Times-News
CUMBERLAND - A proposal to include ecologically significant areas in the LaVale Comprehensive Plan - which appeared to have the prior support of Allegany County Director of Planning Services Phil Hager - was unanimously voted down Wednesday by the Allegany County Planning Commission.
Donnelle Keech of The Nature Conservancy said she was "shocked" the commission voted down the motion with seemingly little discussion - especially particularly after Hager had lauded the "unprecedented" level of cooperation by biologist Daniel Feller.
Keech said the action was "unfathomable" and figured that Feller, who did not attend Wednesday's meeting, would be upset, having committed a large amount of time only to have the proposal swept aside.
Feller works with the Wildlife and Heritage Service, Western Region, Maryland Department of Natural Resources. He had compiled a list of the region's five ESAs and the species - plant or animal - they sheltered.
"Some of these species are so globally rare that their names must be omitted for protection," Feller's report to the planning commission said.
Commission chairman-elect Bill Duvall, who assumes his new role in March, admitted the 7-0 vote "may be one of the initiatives where the commission members maybe erred in judgment."
Duvall said he felt uncomfortable voting to include such protection language in the document without having all the information in front of him.
Hager said he felt confident ESAs would be included in future comprehensive plans but that it would have been the first time ESAs would have been included in a county's comprehensive planning effort. Outgoing commission chairman Bill Davis said he supported the protection of ESAs but noted commission members might have felt the information provided was "vague."
Feller's report, summarized Wednesday by county planning technician Colleen Yeany, noted "the ridgetop of Piney Mountain supports one of a few remaining populations of the Allegheny wood rat." Also, Wills Creek is home to "an endangered freshwater mussel, the triangle floater, and a highly rare dragonfly, the rapids clubtail."
On the cliffs overlooking the Narrows, Feller reported the sandy environment was ripe for an endangered beetle and its "wilderness quality" was "evidenced by bobcat sightings."
Feller also noted Braddock Run Limestone Glade, situated along Cash Valley Road, "supports one endangered plant, one threatened plant and the cherrydrop snail, an animal the state has designated to be in need of conservation."
Along the north and south sides of state Route 36, the Barrelville Woods and Mount Savage Road quarry caves "support populations of the state-endangered Allegheny wood rat." The caves also "support a blind, unpigmented, shrimp-like crustacean that is rare throughout the world."
Feller could appeal to the county commissioners once the plan is under their consideration, but Hager said he wouldn't recommend supporting the request to include ESAs in the LaVale plan.
Contact Kevin Spradlin at kspradlin@times-news.com.
Published: December 05, 2007
Trail association approves bylaws, mission
Francis "Champ" Zumbrun. Special to the Times-News
"... overcivilized people are beginning to find out that going to the mountains is going home."
- John Muir
The Great Eastern Trail Association held its first official meeting last month at Hungry Mother State Park in Marion, Va. Present were members from a coalition of volunteer trail clubs, including the Friends of Green Ridge State Forest, The Potomac Appalachian Trail Club, The Standing Stone Trail Association, the Mid State Trail Association, The Pine Mountain Trail Conference and the Appalachian Trail Conservancy.
Hiking club members approved the bylaws of the GET organization, including its mission and purpose statement: "To conceive, create, build, develop and promote the Great Eastern Trail; and to educate the public in the use and appreciation of the GET and all aspects of its natural surroundings."
The GET association favors hiking; however, local trail managers will have the ultimate say on whether the trail is a single or multiuse recreational trail. Regardless of its designation, hikers can trek far into the interior of the forest where they can realize the beauty of the Earth.
The concept of the GET is an old idea originally conceived by Benton MacKaye, a forester, regional planner and founding father of the Appalachian Trail - the crown jewel of all hiking trails on the East Coast.
MacKaye and Fred W. Besley, Maryland's first state forester, were professional associates, both having trained and worked under Gifford Pinchot, the father of American forestry. Besley and MacKaye also attended Pinchot's famous Baked Apple Club meetings and were lifelong members of the Society of American Foresters.
An original 1920s map of the Appalachian Trail drawn by MacKaye still survives.
Benton's primary vision was a trail that followed the crests of the ancient Appalachian Mountain chain extending from New England to the South.
On MacKaye's map are drawn several lines extending west from the AT.
In Maryland, this map shows a line following the corridor of the C&O Canal. This line abruptly shoots north through present-day Green Ridge State Forest and appears to connect to the present day Mid-State Pennsylvania trail. This is the present alignment of the GET in Maryland. This map is evidence of MacKaye's extraordinary vision, as the C&O Canal National Historic Park and Green Ridge did not yet exist as public lands.
The majestic vision behind the GET is awe-inspiring. The GET trail will connect the Finger Lakes Trail in New York to the southern terminus of the Pinhoti Trail in Alabama. Planners are exploring ways to connect the Alabama Pinhoti Trail to the Florida Trail. Just think of it - once the GET becomes a reality, a person with a super abundance of endurance can hike all the way from New York to the Florida Keys.
One major challenge for the organization is to connect several large gaps along the GET to make it one continuous, uninterrupted trail. Once completed, the GET will be more than 1,800 miles long and will link more than 10,000 miles of trails along its route from New York to Florida.
In Benton MacKaye's book, "A New Exploration," published in 1928, he discussed his philosophy of regional planning and the need to preserve open space for the well-being of the growing population in the United States.
MacKaye anticipated a growing population of city dwellers along the Eastern Seaboard and their need to escape from the city for outdoor recreation. He foresaw that the general public living in urbanized environments would need places like hiking trails to reconnect with nature. In MacKaye's mind, open spaces would provide havens to escape the hectic pace of city life, providing quiet places to restore and rejuvenate the body, mind, heart and spirit.
MacKaye's vision for the Appalachian Trail took 16 years (1921-1937) to come to fruition. Today, it's estimated that more than 3 million hikers use the AT each year. Hopefully, the vision for the GET will become a reality just as quickly, enticing millions more to "go to the mountains." Go to www.greateasterntrail.org to learn more about the GET. Francis "Champ" Zumbrun is manager of Green Ridge State Forest.
State planners to hold listening session on
Smart Growth, development in
Kevin
Spradlin
Cumberland Times-News
To date, the closest opportunity area residents had to attend such a session
was six weeks ago in
The meeting was first scheduled for Dec. 9 at
Contact Kevin Spradlin at kspradlin@times-news.com.
Published: December 20, 2007
Public input on LaVale plan comes in droves
Kevin Spradlin
Cumberland Times-News
CUMBERLAND - The Allegany County Planning Commission was greeted by an active, engaging and, at times, contentious audience Wednesday during the second public hearing on the LaVale Region Comprehensive Plan.
That's just what the commissioners were hoping for during the 90-minute session. The public can still submit information for the record until Dec. 30. Hard copies and electronic versions of the plan will be available prior "on or about" Jan. 7, when the commission would next discuss the matter at its scheduled work session.
County planning coordinator Phil Hager said the Planning Commission should anticipate voting whether to approve the plan at its Jan. 16 business meeting, scheduled for 7 p.m. at the County Office Complex. The plan would then be forwarded to the county commissioners for consideration, which would require another public hearing before their approval or rejection of the plan.
Four members of the commission, along with Hager and commission counsel Wes McKee, attended the meeting. Commissioners Ted Robinette, Charles Norris and Roger Uphold were absent.
"The dialogue tonight has been great," said commission member Bill Duvall. "It should never be one-sided and it wasn't."
First-year commissioner Lois Crossland admitted that "not everyone will be pleased," but expressed appreciation for the process, the public's input and the professional assistance of Hager and the county planning staff.
Nearly two dozen stakeholders spoke on various issues Wednesday, including what Hager called "the reason" the Planning Commission re-quested a second public hearing before the county commissioners considered the issue.
Chaz Beadling, representing 58 members of the Garden City Homeowners Association, spoke for the third time since Nov. 5 and asked again the commission consider amending the plan to designate the Winchester Road corridor subdivision as low density instead of the currently planned medium density.
But Tom Mattingly, principal of RIM Properties LLC, which owns the land in the subdivision, said those homeowners knowingly purchased their homes in a "high density" residential neighborhood. He said plans to develop the area started "14 years ago" but were delayed for various reasons. He said he was close to resuming those plans and had already been in contact with county officials this year.
Mattingly said RIM has drafted "a very responsible plan" regarding future development and that it should be supported "for the county's benefit." Each speaker was limited by commission chairman Bill Davis to three minutes due to the number of people who had registered.
Mattingly, and a few other speakers, were cut off before details were spoken. He did, however, submit written testimony to the commission.
Corriganville resident John Shaffer said the county shouldn't include the town in the LaVale plan because there is "no need."
Shaffer said the plan prohibited cell phone towers in the area but that reception near his home was "less than desirable."
Four members of the Helmstetter family requested the commission to consider changing the designation of about 80 acres - four different parcels - along the railroad and Cash Valley Road. Frostburg attorney Matt Brewer, representing the Helmstetters, said the family foresees when it will no longer actively farm the land. Instead, they want to designate 34 acres to Residential Estate, four acres from Rural Conservation to Preservation - a steep slope portion that would serve as a buffer between the Western Maryland Scenic Railroad and future residential development - and the balance to a designation that would prohibit future development.
Two property owners asked the county to apply for Rural Conservation status on their behalf. Daniel Feller, a biologist for the Natural Heritage Program of the Western Region of the Maryland Department of Natural Resources, asked the county to consider including "ecological sensitive areas" to the plan.
Francis Zumbrun of LaVale along with Jackie Sams of Cumberland asked that the commission delete part or all of the language modified and then approved at the Oct. 17 meeting.
Dorothy Metzger of the Braddock Headwaters Association said the organization wrote a letter Oct. 15 endorsing the plan - two days before it was "seriously altered."
LaVale resident Antoinette Wiseman wasn't alone in addressing recent hype, criticism and allegations and accusations of hidden agendas in recent weeks - but unofficially, she may have gotten the most support for doing so.
She said that everybody had an agenda, everything was political - "politics is the art of possibility" - and suggested the commission not make last-minute changes to the 11 other plans to avoid potential controversy.
Contact Kevin Spradlin at kspradlin@times-news.com.
Published: December 05, 2007
Hikers will find diversity of plants and wildlife, plus spectatular views
Francis "Champ" Zumbrun, Special to the Times-News
The idea that Green Ridge State Forest would become part of the Great Eastern Trail system is quite exciting, considering its humble origins. Beginning around 1974, John Mash, forest manager at Green Ridge, began a monumental project to design, map and build a hiking trail that would extend from north to south the entire width of Maryland in eastern Allegany County, from the Pennsylvania/Maryland line to the Potomac River.
The construction of the hiking trail was made possible with assistance of Green Ridge staff, Juvenile Services, the Youth Conservation Corps and later the Young Adult Conservation Corps, and volunteer organizations. When the work was completed, workers had constructed a 24-mile network of linear hiking trails at Green Ridge.
During this time, the staff built two attractive suspension bridges over Fifteen Mile Creek. A hiking trail brochure was printed showing connections to the C&O Canal National Historic Park trail. This gave a willing hiker the opportunity to hike a 43-mile loop, which usually took about three days.
The hiking trail became very popular with outdoor enthusiasts. Besides routine trail maintenance, the staff made very few changes to the trail until 1996 when a flood destroyed the two suspension bridges. This event energized efforts to rehabilitate the hiking trail.
Financial support provided from the Recreational Trail Grants program, administered by the State Highway Administration, made it possible to restore the trail between the years 1996 through 2006.
During this time, along with routine maintenance of the trail, Maryland Forest and Park Service staff, with help from Juvenile Services, the Maryland Conservation Corps, and many volunteers, built two new bridges over Fifteen Mile Creek and three Adirondack shelters. They produced a professional brochure along with interpretive trail exhibits highlighting the "Leave No Trace" message.
In 2003, Green Ridge staff received a national award on Capitol Hill from the Coalition for Recreational Trails for "outstanding use of recreational trails program funds in education and communication." The Green Ridge Hiking Trail was becoming more popular.
Meanwhile, hikers were requesting a shorter circuit trail loop. On May 24, 2004, the Twin Oaks Trail, a four-mile circuit trail, was dedicated. This circuit trail was the first to be added to the Green Ridge trail system since Mash implemented the original trail in 1974.
In June 2005, with support from the National Park Service, the Green Ridge State Forest hiking trail system was officially designated a National Recreation Trail, becoming part of the Potomac Heritage National Scenic Trail system.
In May 2006, at a meeting coordinated by the American Hiking Society in Blacksburg, Va., the GET organization became an official entity. At this meeting, Green Ridge State Forest National Recreation Trail was accepted as part of the Great Eastern Trail system.
The Great Eastern Trail will take hikers past ancient geologic features and waterfalls, and to spectacular views from ridge tops. They will also see a rich diversity of trees, wildflowers and wildlife.
Along with social and environmental benefits, trails like the GET help the local economy by bringing more people into the area. Hikers will invest in nature tourism and support local merchants by purchasing food and lodging, and attending cultural events.
Hopefully, trails like those found at Green Ridge and along the GET will help produce a growing corps of environmental stewards and outdoor recreationists who will continue to enthusiastically support both forest conservation and open space.
Francis "Champ" Zumbrun is manager of Green Ridge State Forest.
Photo taken by Denise