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Zoning appeals board upholds Deep Creek boat rental permit

Elaine Blaisdell Cumberland Times-News

OAKLAND — The Deep Creek Lake Watershed Board of Zoning Appeals voted three to one on Aug. 16 to uphold its June decision to issue a boat rental permit to Bill Meagher, owner of Lakeside Creamery, according to Garrett County Administrator Monty Pagenhardt.

Despite opposition from multiple marinas, the county commissioners voted on June 5 to approve an amendment to the Deep Creek Zoning Ordinance to add a new category for boat rentals as a separate service that would not offer any of the other services associated with a marina.

Commissioners Gregan Crawford and Robert Gatto voted in favor of the amendment, with chairman Jim Raley opposing it. During a May 31 public hearing, Raley said he had concerns about Meagher’s decision not to offer services on-site.

On Aug. 18, the Property Owners’ Association of Deep Creek Lake voted unanimously, with  president Troy Ellington recusing himself because of a conflict of interest, to request the commissioners to take three separate actions in regard to the amendment of the ordinance regarding boat rentals, according to Pagenhardt. Ellington is chairman of the county’s planning commission.

Pagenhardt, Commissioner Robert Gatto and John Nelson, director of the Department of Planning and Land Development, were in attendance at the POA meeting.

The Property Owners’ Association requested the commissioners initiate and complete within six months a comprehensive study of the amendment in consultation with the Department of Natural Resources and other interested organization to determine whether the amendment should be retained, modified or deleted, according to an email sent to the commissioners from POA senior vice president Roger Titus.

The group is also requesting that the commissioners impose a six-month moratorium on the issuance of any permits for any additional uses based on the recent amendment to the Deep Creek Lake Watershed Zoning Ordinance and the pending the outcome of the study; and adopt as a matter of county policy that no amendment to the text of the ordinance that may have an effect on the lake shall be approved until there has been notice of at least 90 days. The notice should be given to the DNR, the state Department of the Environment, the POA, the Friends of Deep Creek Lake and the Garrett County Chamber of Commerce, allowing them an an opportunity to respond, according to the email.

“The board of the POA believes that approval of theses actions will go a long way toward addressing the concerns that the POA and others have raised about the adoption of the ammendment,” wrote Titus.

Pagenhardt noted that the commissioners have received the email, are currently “taking it under advisement,” and are discussing with Nelson and County Attorney Norman Getty how to proceed. Pagenhardt also said the commissioners plan to answer the email but it hinges on upcoming legal action.

St. Moritz Properties, LLC; Bill’s Marine Service Inc., Silver Tree Marine, LLC, Aquatic Center Inc. and Deep Creek Boat Rentals Inc. have filed an appeal in Garrett County Circuit Court to determine whe-ther the commissioners acted properly under the zoning ordinance and Maryland law in approving the amendment in June. The case is scheduled for Dec. 10 at 9:30 a.m.

The businesses filed the appeal in circuit court because they felt like they have been “specially and adversely affected” by the commissioners’ decision, according to the appeal.

St. Moritz Properties, LLC; Bill’s Marine Service Inc., Silver Tree Marine, LLC, have also filed a interpretive appeal in opposition of the Board of Zoning Appeals’s decision in June to grant Meagher’s request for a boat rental permit.

Contact Elaine Blaisdell at eblaisdell@times-news.com.

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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

More here.

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!

877-563-5350 – toll free — 

 Search Homes & Lots for Sale at Deep Creek Lake & Garrett County, Maryland
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More Deep Creek Lake, Md. Boat Rentals Eyed

June 5, 2012 10:27 AM
OAKLAND, Md. (AP) — The Garrett County Commissioners are considering a proposal that would increase the availability of boat rentals on Deep Creek Lake.

The board is set to consider on Tuesday a zoning amendment requested by the owner of the Lakeside Creamery ice cream shop. It would permit boat and personal watercraft rentals at his business and other locations that lack marina services.

Creamery owner Bill Meagher says he would only rent out watercraft. He would not sell fuel or boats, store boats or make boat repairs.

At least four businesses on the lake currently offer watercraft rentals from their marinas.

The county planning commission is recommending approval of the plan.

(Copyright 2012 by The Associated Press. All Rights Reserved.)

More here.

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!

877-563-5350 – toll free — 

 Search Homes & Lots for Sale at Deep Creek Lake & Garrett County, Maryland
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Herrington Manor State Park – Oakland, near Swallow Falls

Compiled from the Herrington Manor State Park Website & Wikipedia:

Located within Garrett State Forest in Garrett County, Herrington Manor State Park’s development began in the 1930’s with the aid of the Civilian Conservation Corps. A 53-acre lake was formed by damming Herrington Creek, and ten cabins were erected on a wooded knoll above the lake.

Herrington Manor was designated as a state park in 1964, and encompasses 365 acres. The park offers swimming, boating in rowboats, canoes and paddle boats, picnicking, hiking, tennis, volleyball and 20 furnished log cabins for rental use year round. Interpretive programs are scheduled during the summer; and popular special events such as maple syrup demonstrations and apple butter making are held in the spring and fall of the year.

Herrington Manor State Park offers two accessible cabins, a visitors’ center, concession stand and picnic sites, a path to the swimming beach, and a fishing pier.

During the winter folks come to Herrington Manor State Park to enjoy winter sports. There are ten miles of accessible trails going into the adjacent forest area and there is plenty of equipment rental that takes place here. Of course lots of folks are looking for ski equipment and some want snow shoes to trek through the woods. But every year there is a large contingent of folks who consider Herrington Manor State Park one of the top sledding spots in Maryland. They come intent on renting sleds. At $3 for a half day or $6 for a full day, you know you are getting a bargain for the kids in your family at Herrington Manor State park from 8:30 a.m.- 4 p.m.

If your recollection of sledding sometimes includes that nasty a memory of being cold, wet and tired after sledding, you may decide that Herrington Manor State Park offers a concession area. There you can not only buy snacks but you can also find a restroom and a nice warm area to rest and rid yourself of whatever chill you have acquired while sledding. It’s a good deal all around.

Other features available include:
Boat launch, boat rental, cabins, fishing, food/drink, park office, parking, picnicking, restrooms, shelters and swimming.

Map of Herrington Manor State Park

Trail Guide

Herrington Manor State Park
Trail Guide
Hiking * Fishing * Biking * Cross Country Skiing * Snowshoeing
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Herrington Manor State Park is located within Western Maryland’s Garrett State Forest. Families and outdoor adventure enthusiasts enjoy hiking, cross country skiing, snowshoeing and mountain biking on the park’s more than 21-miles of trails. A featured trail connects Herrington Manor to Swallow Falls State Park and includes 5.5 miles of beautiful woodland, streams, mature hemlock forest and a beaver pond. Enjoy the park’s popular rustic wood cabins and a 53-acre lake, for swimming, boating and fishing.

Heritage
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Three hundred years ago, Western Maryland was a wilderness frontier. Consequently, much of the park’s rich heritage tells the story of pioneer expansion and settlement into the Ohio River Valley and beyond. One of the area’s earliest roads runs just west of the park and was a Native American path called Nemacolin’s Trail.
Garrett State Forest was first established through a 2,000-acre donation from the Garrett family, the county’s namesake. The Garretts owned the Baltimore and Ohio (B&O) Railroad, which traversed the region and contributed significantly to its early settlement.

Herrington Manor State Park was named after Abijah Herrington, who built a manor house on the property in the mid-1800s, which was later purchased by the State in 1935. During this decade, the park was the site of many Federal Civilian Conservation Corps (C.C.C.) work projects. Young men from throughout the State lived at a camp located nearby at present day Swallow Falls State Park. These C.C.C. crews created Herrington Lake, planted trees and constructed ten log cabins and the beach Lake House.

Wildlife and Nature Appreciation
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Herrington Manor’s diverse habitat of woodlands and wetlands supports an abundance of wildlife, including wild turkey, white-tailed deer, fox and black bears. Notice fallen trees along the lake’s shoreline, evidence of beaver activity. Pick up your birder’s checklist at the park visitor center. Look for songbirds and migratory waterfowl, such as teal, buffleheads, grebes, loons, scaup and mergansers diving and bobbing on the lake. Osprey fly over the park on a regular basis. Look for rectangular holes pecked in trees, the signature of the pileated woodpecker.
The spring walk through the park’s eastern hardwood forest will reveal flowering plants, such as saxifrage, rue and wood anemone, spring beauty, may apple and many violet species. Summer brings milkweeds, spiderwort, mints, butterfly weed and dog bane to the roadsides and meadows. Ironweed, asters and goldenrod varieties brighten the fields in the fall. A native butterfly habitat area is maintained in a field near the dam.

Trails
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Please Play Safe!
Herrington Manor is a natural area with certain hazards, such as poison ivy, rocky and slippery trail surfaces, venomous snakes, spiders and insects. Remember, you are responsible for having the necessary skills, knowledge and equipment for a safe and environmentally sensitive visit.

Herrington Manor to Swallow Falls Trail 5.5 miles – moderate
Hikers, cross-country skiers and mountain bikers can take in the scenic beauty of the area on this trail, which runs from the large parking lot near Herrington Lake to the youth group camping area at Swallow Falls State park. The trails’ rolling terrain and variety of forest habitats, including a mature hemlock forest, provide a delightful adventure. Hiking this trail takes approximately two hours each way. Wear sturdy shoes and take a water bottle. Rent cross-country skis and snowshoes at Herrington Manor’s Lake House and enjoy the park’s winter wonderland of snow-laden hemlock forests.

Yellow Trail 1 mile – easy
This trail travels from just below the cabins, across Herrington Manor Lake Road to a pine plantation.

Green Trail 1.7 miles – easy
This is a good trail for novice skiers and mountain bikers. Accessible from the park headquarters, the trail traverses open field, through hardwood forest and back.

Red Trail 1.6 miles – moderate
The Red Trail is a good intermediate trail for skiers and mountain bikers. The trail loops through natural hardwood forest and pine plantations.

Blue Trail 2.4 miles – moderate
This is a nice loop trail through a hardwood forest with a moderate hill on one portion of the trail.

Snaggy Mountain Trail 10 miles – moderate
This gently rolling circuit trail passes through late successional and mature hardwood and hemlock forests. Popular during the winter months
for snowmobiling, the trail is also an excellent route for mountain biking and hiking.
More than three miles of the trail follow Snaggy Mountain Road. This dirt road provides access to camping sites and crosses three interesting upland wetlands created by natural barriers and beaver dams. These clear waters drain into Murely Run, which eventually empties into Herrington Run.

Be sure to take the 1/3-mile side trail to the Maryland Bicentennial Oak, so named for its origin in the mid-18th century. Its impressive trunk and canopy can be enjoyed from several benches built by a local boy scout troop, which maintains the area. The trail to the oak is steep, so prepare for a strenuous return hike. At the juncture with the Oak Trail is a three-sided rustic camping shelter that may be reserved through the Potomac/Garrett State Forest Office at 301-334-2038.

Trail users will notice management efforts to promote forest health, diversity and wildlife habitat within Garrett State Forest. Several of these forest management cuts can be seen along the trail. A Watchable Wildlife trail leads a short distance to a wetland equipped with several blind sites, where the patient visitor can observe undisturbed wildlife such as deer, beaver, ducks, song birds and insects.

Lake Recreation
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The park’s dominant feature is a manmade 53-acre lake, averaging a depth of eight feet. Fed by Herrington Creek, the lake was dammed in the early 1930s by the Civilian Conservation Corps, and is open from 8:00 a.m. until Sunset, seven days a week for swimming, fishing and boating.
Enjoy excellent fishing opportunities for large and smallmouth bass, catfish, several species of panfish and brown and rainbow trout that are stocked several times a year. For the mobility-impaired, fishing areas are located near the boat ramp at the western end of the lake and near the dam. Consult your freshwater sportfishing guide issued with the purchase of a Maryland fishing license, for detailed information on rules, regulations and creel limits.

A public boat ramp is located at the southern end of the lake for non-gas powered boats only. Boat rentals, including canoes, rowboats, kayaks and paddle boats are available. The park’s Lake House provides restrooms, showers and a snack bar.

Cabins
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The park has 20 rustic log cabins available year-round for rent. With a country charm, the cabins provide modern conveniences, such as electric heat, bathroom with shower, fully equipped kitchen and furniture. A covered porch with a view of the surrounding woodland, wood-burning fireplace insert and easy access to park trails and the lake make them an ideal natural haven.
To make picnic, pavilion and camping reservations spring through fall, call Park Reservations at 1-888-432-CAMP (2267). Or, make your reservation on the Internet: reservations.dnr.state.md.us

Trail Stewardship
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You can help support trails at your favorite forest or park by volunteering on trail projects or purchasing a tax-deductible Trail Stewardship sticker. Your support helps maintain and construct trails to protect the environment and benefit trail users. For more information call the park headquarters at 301-334-9180.
Herrington Manor State Park is enjoyed by thousands of visitors every year. Please help us protect the forest’s natural and historic resources by following these Leave No Trace ethics. For more information on Leave No Trace, visit their website at: www.lnt.org

Plan ahead and prepare.
Travel and camp on durable surfaces.
Dispose of waste properly.
Leave what you find.
Minimize campfire impacts.
Respect wildlife.
Be considerate of other visitors.
Remember that all of Maryland’s State Parks are Trash-Free, so pack out what you pack in! Thanks for being a good steward of Maryland’s outdoors.

Park Watch
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The Maryland Park Service’s Park Watch program encourages visitors and neighbors to take an active role in protecting personal property and preserving the park. If you observe suspicious activities, vandalism or safety hazards, please report these problems to any park employee or call: 1-800-825-PARK (7275) from any 410/301 area code telephone.
Guides and Outfitters
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As part of DNR’s Nature Tourism Program, the park office can provide information on commercial guides and outfitters or organizing group outings at 301-334-9180.
Western Garrett County State Park Volunteers
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Join a dedicated and supportive group of individuals who are interested in assisting the staff in park operations, outreach and special events. Call the park for further information or to join.
Directions
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From Baltimore/Washington (3-5 hours): Follow I-70 west to Hancock, Maryland. Exit onto I-68 west and proceed for approximately 60 miles. Take Exit 14 onto Route 219 south, Keysers Ridge. Proceed 19.5 miles to Mayhew Inn Road (located 2 miles past McHenry, Maryland). Turn right on Mayhew Inn Road, travel 4.5 miles to end of road. At the stop sign turn left onto Oakland-Sang Run Road. Travel 0.3 miles, take first right onto Swallow Falls Road. Proceed 5.8 miles to Herrington Manor State Park.

From Pittsburgh and points west (2.5 hours): Follow I-79 south to Morgantown, WV. Take I-68 east. Take Exit 14 onto Route 219 south, Keysers Ridge. Follow directions above.

Herrington Manor State Park
222 Herrington Lane
Oakland MD 21550
301-334-9180

Herrington Manor State Park is open from dawn to dusk, year-round.

This trail guide, complete with a topographical map of the multi-use trails, is available for sale from Herrington Manor State Park headquarters by calling 301-334-9180.

If you are thinking of buying or selling real estate in Garrett County or Deep Creek Lake, Maryland, call Jay Ferguson of Long & Foster Real Estate for all of your real estate needs! 877-563-5350