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Garrett planning panel urges county officials to endorse petition to allow boat rentals

Elaine Blaisdell Cumberland Times-News

OAKLAND — The Garrett County Planning Commission voted Wednesday to recommend that county commissioners endorse a petition by William Meagher, owner of Lakeside Commercial Properties LLC, to amend the Deep Creek Watershed Zoning Ordinance to allow him to offer boat rentals without the services associated with it.

The motion to modify Meagher’s petition specifies that it’s contiguous with only boat rentals in the town center and the use would only be permitted on properties that have a minimum of 200 feet of lake frontage. The motion passed with three in favor, one recusal and one abstention. Bill Weissgerber, an alternate with the planning commission, abstained from voting and voiced concerns about safety.

“I’m not going to vote on it right now because I want to think more on it based on what I heard today,” said Weissgerber.

Weissgerber said he agreed with the opinion of Jonathan “Smiley” Kessler, owner of Smiley’s Sports Bar and Grill at the lake.

“This discussion is asking zoning to do something that it really isn’t equipped to do and that is deal with market economy,” said Kessler. “Market economy will determine how many marinas are needed, how many can be successful.”

Three owners of local marinas also voiced concerns about safety.

“We don’t need this kind of operation in Deep Creek Lake. It’s in an unsafe location, it’s too congested there, those watercrafts don’t even have reverse,” said Phil St. Moritz, owner and president of Bill’s Marine Service LLC, who initiated the original legal action to close down Meagher’s mini-marina. “I’m more concerned with the integrity of the lake. No way is it safe. I think under no circumstances should this mini-marina be allowed to open again.”

Gary Pfirrmann, owner of Deep Creek Lake Boat Rentals and Sales, said he almost got hit twice near Lakeside Creamery and Carol Jacobs, president of the Aquatic Center Inc. said one of her employees totaled his car in front of the business.

“I don’t think the planning commission or the county commissioners can base an ordinance on safety. If you want to you can talk to the state fire marshal or the State Highway Administration,” said Tony Doerr, vice chairman, who also noted that he was concerned about safety in the area of Lakeside Creamery.

Pfirrmann noted that all marinas should be on the same level playing field and that the five marinas in the area were required to have the same acreage and parking.

“We had to jump through hoops and for 18 years I jumped through hoops,” said Pfirrmann.

Meagher commented on the safety aspect of the mini-marina.

“We have operated within last year and have had all of our vehicles parked in the lot,” said Meagher. “Part of this zoning text amendment is to allow for parking.”

The owners of the local marinas also asked that the planning commission vote against Meagher’s petition to amend the ordinance.

Bob Nickle, general manager of Bill’s Marine Service, said that by allowing the amendment the planning commission was creating spot zoning.

“The whole idea of a zoning ordinance is it’s there to protect the public and the citizens of Garrett County as a whole,” said Nickle. “If we keep whittling away and making small changes here and small changes there, what merit, what validity does this zoning ordinance hold?”

The commissioners will have a public hearing before they make a final decision on the planning commission’s recommendation, according to Troy Ellington, president of the planning commission.

Meagher complied after he was recently ordered to cease operations of the mini-marina.

During a hearing in June in Garrett County Circuit Court, Judge Jim Sherbin found that a previous zoning amendment that allowed Meagher to run the mini-marina was of no legal effect and ordered that the decision by the county’s Board of Zoning Appeals to issue Meagher a permit be reversed.

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

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Jay Ferguson

Who I Am My name is Jay Ferguson, and I am a lifelong resident of the Deep Creek Lake area. I am also co-owner of the real estate side of Taylor Made. I have been in the real estate business for 21+ years now and I LOVE what I do! I have to say, my career really took off when I co-founded the real estate side of Taylor Made in 2014. Its been an amazing experience, building a real estate company from the ground up and achieving so much so quickly! In August 2016, we purchased Long & Foster Real Estate Deep Creek, where I had started my career in 2000. In 2018, we on-boarded virtually every agent from Coldwell Banker Deep Creek Realty as they closed up shop and the real estate family grew even more! We now have over 40 sales agents and have expanded to West Virginia and Pennsylvania, as well. Taylor Made is the #1 vacation rental company at Deep Creek with over 475 vacation rental homes, and over one hundred thousand yearly visitors. Its amazing what we have accomplished using the principles of honesty, teamwork and customer service! Personally, my wife Jessica and I enjoy traveling and especially spending time in the outdoors, hiking and exploring the many diverse areas that Garrett County is naturally blessed with. We have raised two wonderful children here, Kayleah (22) and Noah (13). In the summer, we love spending time on the water with friends & family and enjoying the lake life! We are both active in our church, our community & local school activities, and we fill our schedule with plenty of volunteer efforts. I currently serve on the board of directors for Habitat for Humanity. I am proud to say that I was named Deep Creek Time’s Favorite ‘Community Champion’ in 2019. I was also named Garrett County Realtor of the Year in 2018-19, as well. I really enjoy promoting my hometown. I am very proud of the resort area that has developed over my lifetime and look forward to growing the area even more! Deep Creek Lake has been described as ‘The Lake Tahoe of the east', and I think that speaks volumes about the potential to own property here! Deep Creek Lake isn't really a town or city by itself; it's comprised of three towns: Oakland, Swanton & McHenry, Maryland. I am very passionate about my hometown and am impressed with how many people know about it as we travel around the country. Deep Creek Lake is an amazing place to visit and even better place to live! During the pandemic in 2020, our market exploded and more and more people left their primary residence in the city to live here permanently. With distance learning in schools and tele-commuting becoming the ‘norm’, many more people were drawn to the area to ‘live where they love to play’. Why You Want Me Working for You: In addition to being an owner, I am consistently one of the top-producing agents in the entire area and the Associate Broker of record for Taylor-Made Deep Creek Vacations & Sales. I have 21+ years of experience and I am a problem solver. There aren’t many situations that I have not encountered and I have a strategy for almost every scenario that you may encounter. I have extensively trained in all areas of real estate & emerging technologies, and also have trained as an appraiser, as well as served as a full-time Broker. I have a strong knowledge of the industry, as well as many trusted local contacts & affiliations that allow me to perform at a very high level and deliver results. I have a great deal of respect for my peers in this industry and have strong working relationships that I would love to put to work for you. Call me to discuss your situation - I know I can be of great service to you & others you care about! Honesty. Integrity. Results.