Elaine Blaisdell Cumberland Times-News
OAKLAND — An attempt to have a Garrett County marina decision overturned was dismissed Monday by Circuit Court Judge Jim Sherbin.
Sherbin granted a request by County Attorney Gorman Getty III to dismiss the action. St. Moitz Properties LLC, Bill’s Marine Service Inc. and Silver Tree Marine LLC had sought a judicial review of the county’s decision to amend text in the Deep Creek Watershed Zoning Ordinance.
The ammendment to the zoning ordinance allows Bill Meagher, owner of the Lakeside Creamery, to create a mini-marina for boat rentals, according to attorney Greg Skidmore of Skidmore, Alderson and Duncan of Oakland, who represented the marinas.
The decision whether or not to grant the motion to dismiss came down to whether or not the text amendment was considered spot zoning, applying to just one small area of land or comprehensive zoning, applying all land.
Both Sherbin and Getty agreed that the amendment pertained to comprehensive zoning.
“The change in the text ordinance applies to every parcel at the lake, not just one parcel,” said Getty. “This is not spot zoning.”
The commissioners followed the correct procedures in making the text amendment to the ordinance, by providing a study, holding a public hearing, soliciting public comment and by obtaining a recommendation from the planning commission, according to Sherbin.
“It would be different if the commissioners made this decision during a private meeting,” said Sherbin.
Skidmore argued that the amendment to the ordinance pertained to spot zoning and in particular Meagher’s property.
Meagher petitioned the Deep Creek Watershed Board of Zoning Appeals for a variance to the ordinance and then, about a month later, before a conclusion could be reached, withdrew his petition, according to Skidmore.
Meagher then took his request to the commissioners and a public hearing was held and the public comment period was extended.
During a June 5 meeting, upon the suggestion of the planning commission, county commissioners approved the text amendment to the 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 public hearing, Raley said he had concerns about Meagher’s decision not to offer services on-site.
Sherbin also granted Skidmore’s request to consolidate two separate appeals pertaining to the mini-marina.
St. Moritz Properties LLC, Bill’s Marine Service Inc. and Silver Tree Marine LLC have also filed a interpretive appeal in opposition of the zoning administration’s decision in June to grant Meagher’s request for a boat rental permit.
Meagher planned to offer 12 personal water crafts and four pontoon boats as rentals as well as offer guided tours. He would use local marinas for services.
“We didn’t want to do sales. We didn’t want to do repairs. We didn’t want to do a lot of the things that the marina does,” said Meagher during the public hearing. “The only thing we wanted to do was a boat rental business.”
The aforementioned businesses filed the petition because they felt like they have been “specially and adversely affected” by the commissioners’ decision, according to the petition.
Contact Elaine Blaisdell at eblaisdell@times-news.com.
