Montgomery News

Town of Poolesville Board of Appeals met May 7.

Here is the minutes provided by the Board:

An application was filed by Poolesville-WHM, LLP, the owner of the property located at 19710 Fisher Avenue, Poolesville, Maryland, for a special exception to allow a drive in (thru) at a proposed eating and drinking establishment in an existing shopping center complex located at 19710 Fisher Avenue, Poolesville, Maryland.

The Board of Appeals held a public hearing on June 7, 2018, on the application, and based on the record, in compliance with the State Open Meetings Act, granted the request as set forth in the written Official Decision of the Board.

Notice of the date, time and place of the hearing on the consideration of the special exception request was sent to contiguous property owners and published in the appropriate newspaper of general circulation. Sitting for the Board were Chairwoman Pilar Garrett, Ralph Hitchens, and Russell Jones.

Summary Of Testimony:

At the public hearing on this application, the Chairwoman read a statement detailing the contents of the record of this case, which are to be considered by of the evidence herein. The Chairwoman then called upon the Applicant, through its engineering representative, Scott Wolford, to present testimony in the matter. Mr. Wolford began by highlighting for the board an aerial diagram of the property indicating the current space and the proposed area of new construction. After reviewing the existing conditions, he then highlighted for the Board the drawings of the proposed new building and drive through. Mr. Wolford indicated that the genesis of this request is due to the fact that the subject portion of the parking area of this shopping complex is under used and as such provides an opportunity to create a new business establishment in the downtown area of Poolesville.

The proposed user of this new construction is a Dunkin Donut/Baskin Robbins. In the application package there is a detailed statement from which outlines the operational parameters of the business, including the hours of operation, parking plan, photometric plan, etc. All of the construction aspects will be or have been addressed by the Poolesville Planning Commission during the site development process.

Mr. Wolford gave a detailed explanation of the operation of the proposed drive thru, indicating on the diagram that the traffic would flow in from the existing road, through the site, to the order board, then around the building to the pickup window. The space between the order board and pick up window allows for a stacking of six cars, plus one at the pickup window.

The proposed construction will be in line with the current facades of the adjacent properties to create the streetscape setback which is present along Fisher Avenue. Further, the construction will feature a small patio area, with a small fence facing Fisher Avenue, and a covered porch to match the existing façade of the adjacent building. The intention of both of these features is to fit into the Downtown area of the Town and enhance the proposed streetscape of Fisher Avenue, especially in light of the Town’s upcoming Streetscape Project.

To create more usable space on the property the Applicant indicated that the current dumpster area will be moved, this will also allow for additional car stacking on peak days like soccer and lacrosse games. Further the site will be enhanced with a new handicap accessible sidewalk from the Fisher Avenue area, which will allow access to the entire site, making the entire site ADA compliant – something that does not currently exist for the property.

Mr. Bill Magruder, the representative of the owner, then stated that he believes that the addition of this use will benefit the Town by providing a service which does not currently exist in Town. Further, he believes that the necessary steps have been taken to make sure the new construction fits the character of the Town and the surrounding neighborhood.

When outlining the lighting plan of the property, Mr. Wolford indicated that the lights to the entire site are being redone to bring them up to the Town’s standard. LED low level bollard lighting will be installed to make sure there are no dark areas on the site, but also ensure that light does not escape or create a glare to the neighboring properties. Further a PVC butt board fence will be installed between the properties to shield the current residence from light and noise created. Both Mr. Wolford and Mr. Magruder testified that they do not believe this project will have an adverse effect on the neighborhood or the Town and that it will not jeopardize the health, safety or character of the neighborhood or the Town.

The Chairwoman then took public testimony. The tenant living in the residence of the neighboring property asked several questions of the Applicant, including the status of the property line and trees.

With no other public comments the Chairwoman closed the hearing on the matter.

Finding Of Fact:

The Board of Appeals met in public session, pursuant to the requirements of the Maryland Open Meetings Act, to deliberate upon the application immediately following the public hearing. In considering the criteria for granting a Special Exception contained in Section 10 (D)(2) of the Zoning Code, the Board deliberated on the testimony and evidence presented. The Board members each expressed their position on the proposed Special Exception.

The Board finds that the Applicant presented credible evidence to indicate that the proposed drive in (thru) would be in harmony with the general purpose and intent of the zoning of the area and would not adversely affect the use and development of the neighborhood. The Board further finds that the proposed use would benefit the Town by adding jobs and creating economic development. The Board finds that the Applicant presented credible evidence to indicate that the granting of the proposed Special Exception will not be contrary to the public interest, but rather the public interest will be served by granting the proposed Special Exception.

The Board finds that the Applicant has met the burden of proof as required under the requirements of the Zoning Code for the granting of a Special Exception. The application, testimony, and evidence comprising the record of this case are hereby included by reference in this decision.

Mr. Hitchens made a motion to grant the requested Special Exception to allow the drive in (thru) use for the new construction as requested in the Application. The motion was seconded by Chairwoman Garrett. Upon a vote by the Board the decision was two (2) in favor of the motion and one (1) opposed.

Resolution:

The Board is bound by the provisions of Section 10 (D)(2) of the Zoning Ordinance of the Town of Poolesville, Maryland relative to the granting of a Special Exception. This Board finds that the criteria necessary for granting a Special Exception has been met. In accordance with the findings of fact, testimony and record of this case, and based on the applicable law and reasoning expressed herein, the Board of Appeals of the Town of Poolesville, Maryland, grants by the Resolution contained hereafter, by a decision of 2-1, a Special Exception to allow the use of a drive in (thru) at the subject property, as outlined in the Application.

Be It Resolved by the Board of Appeals for the Town of Poolesville, Maryland, that the Opinion stated above be adopted as the Resolution required by law as its decision in the above-entitled matter.

The foregoing Resolution was approved by a 2-1 vote of the Board.

https://www.poolesvillemd.gov/AgendaCenter/ViewFile/Minutes/_06072018-349