Businesses taking action following Deep Creek Lake zoning decision
Lakeside Creamery to rent boats, provide tours
Elaine Blaisdell Cumberland Times-News
OAKLAND — St. Moritz Properties, LLC; Bill’s Marine Service Inc. and Silver Tree Marine, LLC, are filing a petition for judicial review in regard to the Garrett County Commission’s decision in June to amend the Deep Creek Watershed zoning ordinance, according to circuit court documents.
The request from Bill Meagher, owner of Lakeside Creamery, was to add a new category for boat rentals as a separate service that would not offer any other services associated with a marina.
The businesses filed the petition because they felt like they have been “specially and adversely affected” by the commissioners’ decision, according to the document.
“The above-captioned petitioners have and will continue to suffer additional damages to a higher degree than other property owners in the general area as a result of the use of Meagher’s property … and the additional boat traffic, safety issues and parking problems generated thereby,” states the document.
During a June 5 meeting, chairman Jim Raley opposed the amendment, citing concerns over Meagher’s desire not to to offer services on-site. Meagher plans to rent out 12 personal water crafts and four pontoon boats as well as offer guided tours.
The three businesses also appealed the county’s board of zoning appeals approval of permit for Meagher to conduct a commercial-business service at the Lakeside Creamery. Both the petition and the appeal were filed through the law office of Skidmore Alderson & Duncan.
Brian C. O’Brien of Silver Tree Marine, declined to comment on the petition or the appeal but noted they were public record and stated, “the appeal and the petition are what they are. They are pretty self explanatory.”
The board of zoning appeals is required to make a Findings of Facts before the zoning amendment may be enacted, according to the appeal. The Findings of Facts indicated that the boat rental would require a minimum land area of 10,000 square feet but he property does not meet the required square footage, according to the appeal. In addition, Lakeside Creamery was not required to show that it met handicapped-parking requirements or that it was in compliance with any other applicable handicapped requirements, the appeal said.
During a May 31 public hearing on boat rentals, Meagher indicated that Lakeside Creamery had 56 parking spaces that will fit all uses of the facility.
The appeal also states that the boat rental permit is improper because it’s “detrimental to public welfare,” effects spot zoning, denies equal protection to property owners in the neighborhood and will damage the fair market value of those properties.
“This (zoning ordinance amendment) means that several new boat rental operations can now be added to Deep Creek Lake without adequate parking, space, fuel and launching and service facilities, which will decrease public safety,” said Carol Jacobs, president of Aquatic Center Inc.
The zoning ordinance amendment also means in essence that anyone with a dock slip can open a boat rental business, according to O’Brien.
“The decision, in effect, has created a new class of marinas (mini-marina) that is not subject to certain zoning requirements and restrictions,” said O’Brien in a interview with the Times-News. “By catering to one person they are opening Pandora’s box — virtually anyone can open a marina.”
O’Brien further noted that his issue with the zoning ordinance ammendment was based on the principal of the matter rather than the competition aspect of the matter.
“I’m not in competition with Lakeside Creamery,” said O’Brien, who noted that Silver Tree Marine does not rent personal water crafts.
During a June 26 commission meeting, residents noted their opposition of the commissioners’ approval of Meagher’s request.
“You are allowing an ice cream place to become a boat rental place. I think that was totally unfair to the existing boat people,” said Steve Friend. “You are cutting their throats by just allowing someone to come in and rent boats.”
Friend questioned what the amendment would do for Bill’s Marine Service and if there would be problems if the marinas decide to open up ice cream stands.
“Should there be no zoning at the lake?” asked Commissioner Gregan Crawford in response to Friend’s question. “Is a zoning document not a living document that is open to new interpretation? Mr. Meagher had a better mouse trap. What was created was a new classification because it had never come up before.”
The creation of ice cream stands would likely fall under the health department’s regulations, according to Crawford.
Resident Linda Bowerbaugh noted that she felt like the amendment change was kept a secret from the public.
“It feels like to the public that the communication was not wide enough,” said Bowerbaugh.
Deep Creek Lake Policy and Review Board Chairman Dave Myerberg indicated at a recent board meeting that he wasn’t aware of the May public hearing either, according to Raley.
“That’s unfortunate,” said Raley. “We have tried desperately to improve that, and the truth of the matter is, it does rely on people using computers these days,” said Raley in response to Bowerbaugh.
Raley noted that he is open to suggestions on how to let the public know about matters that would affect property owners, especially those who may be absentee.
Contact Elaine Blaisdell at eblaisdell@times-news.com
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ASCI Guides Play Key Role
Jul. 12, 2012
For the 62 seasonal guide staff, employment at the Adventure Sports Center International (ASCI) can represent significant income, a thrilling experience, and a physically active lifestyle, according to Mike Logsdon, ASCI acting executive director.
“The ASCI guide team, made up of mostly high school and college age young men and women, is a critical element in the delivery of a high-quality product to
ASCI’s 11,000-plus summertime rafting guests,” said Logsdon.
“I really enjoy getting to know my guests, helping them understand the sport of rafting, and giving suggestions on places to visit while in the area,” said Kurt Gangler, a standout athlete at Southern Garrett High School and second-year ASCI guide.
“Guiding has given me a chance to practice public speaking,” said Cara Stough, a standout athlete from Northern High School and second-year ASCI guide. “Guides have to be sort of like a teacher. We have to clearly explain instructions to our guests. Their safety is in our hands, and we feel responsible for them having a great time and not getting injured.”
ASCI guides begin their training by successfully completing a multi-day course that emphasizes proper whitewater guiding technique, customer relations, and care and maintenance of rafting equipment. Each ASCI guide must also complete a first aid and CPR certification course.
“All the training and certifications come at no cost to the trainees,” said Joe Schroyer, director of ASCI operations and the administrator responsible for organizing guide training through the Adventuresports Institute at Garrett College. “This year, we seem to have an exceptional group of guides and support staff. We measure our success, to some degree, by the smiles on the faces of our guests, and we’re seeing plenty of smiles.”
An additional 18 seasonal employees work behind the scenes to take guest reservations, answer questions, match-up and schedule guides with their guests, photograph the action, and monitor the whitewater course for safety.
“It’s like a giant jigsaw puzzle,” said Meredith Pagenhardt, an Oakland resident and Frostburg State University student completing her fifth summer at ASCI. “We have to balance all aspects of scheduling the guides, river guards, the conveyor operator, the photographer, and the reservationist.”
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MSA test scores: Reading goes down, math goes up
From Staff Reports Cumberland Times-News
CUMBERLAND — Allegany County middle school students scored slightly lower in reading on this year’s Maryland School Assessments, but math scores for the same students were up, according to statistics released this week by the Maryland State Department of Education.
Elementary schools here met all the targets recently established as part of Maryland’s new “School Progress” plan — which is less rigid than the former “Adequate Yearly Progress” of the federal No Child Left Behind law.
Almost without exception, Allegany County elementary school students increased scores in reading and math over last year, the report shows. And middle school students have shown “steady improvement” on both fronts over the past several years, school officials said.
“I am very proud of the fact that our students’ performance has continued to increase since 2009,” said Superintendent David Cox. “This is due in large part to the hard work and dedication of our teachers, principals, and central office staff.”
In Garrett County, school officials report that a “significant number” of elementary and middle school students achieved scores at the proficient and advanced levels in reading and math.
Students in grades four, six and eight, for example, improved reading scores, and students in grades six and eight improved math scores, compared to 2011, statistics show.
But reading scores for students in grades three and five dipped slightly compared to last year, and math scores for students in grades three, four, five, and seven dropped by 2 to 3 percentage points.
Overall, 90.6 percent of elementary school students in Garrett County scored proficient/advanced in reading, while 87.7 percent of middle school students achieved that level, according to a press release from the Garrett County Board of Education.
“We are proud of our students, teachers and administrative staff for the work they do every day to ensure that our students perform well in all aspects of their schooling, including this state assessment,” said Superintendent Janet Wilson.
“We look forward to learning more about the new assessments as we are transitioning to the new Maryland State Common Core Framework.”
Under the state’s new “School Progress” plan, each school is measured against its own targets and must work to strengthen achievement across all subgroups. This year’s data starts a new baseline for school test results over the next six years. By 2017, schools and systems will endeavor to cut in half the percentage of students not scoring at proficient levels on the assessments.
In Allegany County, 88.9 percent of students met the targets for achievement under the new “School Progress” plan.
“I am pleased that Maryland has been granted a waiver from the NCLB Adequate Yearly Progress requirements that were unrealistic,” Cox said. “Our commitment is to continuously improve what we do each and every day for all children.”
For more information about the MSAs, go to the Maryland Report Card site at www.mdreportcard.org.
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Deep Creek vacation home is dream of a lifetime
By Marie Marciano Gullard, Special to The Baltimore Sun
10:18 a.m. EDT, July 13, 2012
Hanging on the wall of Mike and Jean Tumbarello’s new retreat at Deep Creek Lake is an old framed greeting card with a primitive drawing of a brown log cabin nestled among trees aglow with autumn colors. The scene is rendered in crayon with a sentiment that reads, in part: “Jean, here’s our cottage in the country. I wish I were in it with you right now. …”
“The card was sent before we married — probably 1974, when we were dating in college, when you actually had to use snail mail,” Jean Tumbarello recalled.
While her husband’s artwork hasn’t improved that much over the ensuing years, he was better at his promise of a place in the country. What the couple built together — after 34 years of marriage — is a 4,000-square-foot Arts & Crafts-style bungalow with an interior that could be described as a “mini lodge.”
“We got our house as an anchor for our dream life,” said Jean Tumbarello, who, together with her husband, will move out of their rented condo in Ellicott City and embark on their new life as full-time residents of Deep Creek Lake.
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Inmate labor saves money, Garrett County sheriff reports
For the Cumberland Times-News Cumberland Times-News
OAKLAND — Garrett County Sheriff Rob Corley has reported more than $40,000 in savings to the county this year through the new Inmate Work Program that began in January.
Corley told the county commissioners at last week’s public meeting that inmates have provided 5,395 hours of labor valued at $7.50 an hour for a savings of $40,462 to the county, according to a county news release. “This is huge,” Corley said.
Commission chairman James Raley thanked Corley for putting the program together. The inmates have provided maintenance services in county communities and are assigned to 28 sites from garbage collection to water treatment facilities.
Corley said the program has provided unskilled labor without cost to 30 county properties, municipalities and nonprofit agencies. His office used St. Mary’s County Detention Center as a blueprint for Garrett County’s plan. The inmates perform their duties under supervision of one full-time sheriff’s office employee.
“There’s no question it’s a good program,” said Mountain Lake Park Mayor Leo Martin, whose town was one of the first municipalities to use the free labor. “Inmates have done a lit bit of everything, from mowing and trimming grass to building walls. The inmates we’ve had working have good attitudes with good work ethics. They like getting outdoors and we haven’t had any problems with anyone. We used to provide inmates lunch, but now the sheriff’s office even packs their lunch.”
Corley said a Mountain Lake Park employee picks up an inmate five days a week to work with town employees and that Grantsville recently picked up inmates for storm cleanup.
The inmates also have mowed and cleared debris from 1.7 miles of trails at Adventure Sports Center International and have worked at the Oakland Cemetery, Youth Little League fields at Broadford Park and the Garrett County Visitors Center in McHenry, according to the release.
“If an inmate signs up for the program and does a good job, they can earn up to five days a month off their sentence,” said Corley. The program does not include sex offenders or violent criminals and inmates have to be sentenced for a maximum of 18 months, according to Corley. The detention center currently houses 73 inmates. County purchases have included three mowers and gasoline. “Next year, I think we’ll be able to take care of all county mowing contracts, and in the winter, do snow removal,” Corley said.
Agencies interested in participating in the program may call 301-334-1917.
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Panel hears testimony on septic system regulations
Written by
Brian Witte
Associated Press
ANNAPOLIS — Regulations requiring new Maryland construction to use the best technology in septic systems would help clean up the Chesapeake Bay, supporters told lawmakers Tuesday, but critics said the proposal by Gov. Martin O’Malley’s administration is a back-door effort to implement a plan already rejected by the Legislature.
Robert Summers, secretary of the Maryland Department of the Environment, told members of the Joint Committee on Administrative, Executive and Legislative Review that the regulations are part of an effort to reduce nitrogen released into the polluted bay by 11.6 million pounds by 2026. Summers said the septics law, combined with the regulation, will equal a reduction in nitrogen produced by about 31,000 households.
“So each year, this will reduce the equivalent of the discharge of nitrogen from the city of Cambridge,” Summers told the panel.
He noted the western half of Garrett County in western Maryland and a part of Cecil County will be exempt from the regulations.
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Redtail Hawk Hits The Courts
Jul. 12, 2012
“Tennis, anyone?” might be the question that was on the mind of this wayward redtail hawk that was perched on one of the benches at the Mountain Lake Park Tennis Club courts on Monday. The bird had apparently sustained some kind of injury to its wing and was having difficulty flying.
MLP town secretary Judy Paugh contacted officials from the Maryland Department of Natural Resources, who came to the courts, successfully corralled the bird, and have sent it to rehabilitation experts who will attempt to nurse it back to health before returning it to the wild. Photo courtesy
of Leon Cardiff.
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A Very Involved Father
The male oriole is a busy sort, quite active in the life of his offspring. A male is shown above as he feeds grape jelly to his youngster. The orioles are active throughout the spring and early summer, but will soon be moving on.
They are attracted to brightly colored, sweet foods, such as orange slices and jelly. In early spring, they gather bits of string to make their unusual hanging nests. Their song is a distinctive alto sound, with varying lengths. These birds were photographed in an Oakland yard by Lisa Rook, an active birder and photographer.
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Buying or selling real estate in Garrett County or Deep Creek Lake, Maryland? Call Jay Ferguson of Railey Realty for all of your real estate needs! I take great pride in referrals, and I assure you, I will take great care of your friends, family & colleagues!
Back on the market! $149,900 282 Greenfield Ln GA
282 GREENFIELD LN
SWANTON, MD 21561
New roof! Updated 3BR/2BA home on nearly 2 acres of land with a small stream in the back yard, overlooking pasture land. 3 garage stalls – 1 attached & 2 stalls in a detached garage offer plenty of storage. Other features: cedar siding, native stone, fireplace, 2nd living room, several heating sources, newer kitchen cabinets & flooring. 3 parcels sold together. Deep Creek Lake is around the corner
Contact Jay Ferguson @ 301-501-0420 or DeepCreekLaker@Gmail.com for more information or to setup a private showing for this property.
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Buying or selling real estate in Garrett County or Deep Creek Lake, Maryland? Call Jay Ferguson of Railey Realty for all of your real estate needs! I take great pride in referrals, and I assure you, I will take great care of your friends, family & colleagues!
Chesapeake Bay Restoration Fee To Increase On July 1
Jul. 5, 2012
The Garrett County commissioners are reminding local property owners and visitors about two issues: the increase in the Chesapeake Bay Restoration Fee (“flush tax”) and the new security system at the courthouse.
A change in the Chesapeake Bay Restoration Fee has taken place for the tax year beginning on July 1. Legislation was passed this year in the Maryland General Assembly, doubling the fee from $30 to $60 annually for properties whose on site sewage disposal systems (septic system) are located within the Chesapeake Bay Watershed and for properties that are connected to either a public water and/or sewer system and whose wastewater is treated by a facility that discharges in the watershed.
For properties that have a septic system and a private water supply, the fee will be reflected on the owners’ annual property tax bills.
For those properties located within the watershed that are connected to either a public water and/or sewer system, this fee change equates to an increase from $2.50 to $5 per month, or $7.50 per to $15 per quarter. The Bay Restoration Fee will be reflected on the quarterly water/sewer bill for properties connected to a public water and/or sewer system.
“The county has made every possible attempt to accurately assess the correct fees for every Garrett County property tax account,” county administrator Monty Pagenhardt. “If you believe the Bay Restoration Fee that you are billed is in error, please contact the Garrett County Department of Financial Services at 301-334-8985 or by e-mail at bayrestorationfee@garrettcounty.org.
Residents and visitors are also reminded that they must use the Alder Street entrance when conducting business at the county courthouse in Oakland.
A new security system has been installed in the courthouse building, and individuals must pass through security upon entering the building. Handicapped individuals may use the entrance located off the alley between St. Paul’s United Methodist Church and the courthouse.
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