Memo1108

 

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43 Old Solomons Island Rd., Suite 201, Annapolis, MD 21401
Tel. (410) 266-5599
Fax (410) 266-3871
Memorandum
To:
Adjacent Property Owner
From:
Vernon Hustead and Dimitri Sfakiyanudis
cc:
Chris Soldano; Josh Cohen; Gail Smith; Alan Hyatt
Date:
November 11, 2008
Re:
635 N. Bestgate Road
Pre-Submission Community Meeting Minutes
Sigma Job# 93-20
A community meeting was held on November 10, 2008 at the offices of Sigma
Engineering. The meeting was held to inform the adjacent property owners of the
proposed development for this site and to address any questions or concerns. Members
of several adjacent community organizations were also in attendance. An earlier
meeting in April was held with the local neighbors and community associations and this
was an opportunity to inform them of any recent development since that meeting.
Vernon Hustead from Sigma Engineering and the developer Dimitri Sfakiyanudis
presented the proposed project.
PRESENTATION
We are moving forward with a grading permit and site development plan submittal for
this project. We are here to get your input on the layout of the building and parking as
well as input on what the architecture that you think is appropriate. The project
proposed a 2 story building that is 40’ x 50’ in size (4,000 sq ft total). The use will be
strictly office, and will not propose any retail use. The parking was reoriented to run
perpendicular to North Bestgate Road and proposes 15 parking spaces. The site will be
served by a private septic system (a septic drywell has already been installed) and
public water will be extended to the site from its location in North Bestgate Road. No
public sewer is proposed for this site. A bio-retention area, similar to a rain garden, is
proposed at the low end of the site to address stormwater and drainage for the new
impervious areas. This will be planted and will fit in with the additional landscaping
proposed around the site. There is no outfall problems or erosion at this location.
Landscaping is proposed around the perimeter of the site, within the parking areas and
adjacent to the building to screen the site from adjacent properties and to compliment
the proposed building. We are proposing low growing plants near the intersection so
that there is no impact to sight distance. We are exploring the possibility of not requiring
a variance to the setbacks. However, if a variance is required, we will prepare the
necessary plans and documents and submit this to the hearing officer. We reviewed a
conceptual elevation of the building as well as images of the architecture of the adjacent
building. Vernon and Dimitri requested input on what the group felt the architecture
should include or exclude. A traffic study is being done and we expect that to be
available in a few weeks.

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QUESTIONS
The following questions were addressed from the audience:
How your research is determining that a variance is not needed; was there another variance
needed other than the setback?
The setback variance is 60’ from a right of way (ROW) line. Most ROW lines are parallel to a road
way and a specific setback off the road. The ROW line in our situation is expanded and
triangular shaped and it is possible that the 60’ setback may be located from a standard offset
from the road (not our expanded ROW line). The other variance request was for lot size- the
minimum lot size in a C2 zone is 20,000 square feet and our site is 18,847 square feet.
At our last meeting, you stated you would send us covenants for our review. Are they
prepared yet? It does not appear that anything has changed from the previous meeting.
Unfortunately, they have not been finalized yet. Our attorney will have something ready for us
in the next 2 weeks and we will forward them to you for your review.
You had previously discussed reducing the building size to 3,000 square feet and this plan
shows a 4,000 square foot building. Are you going to reduce the size of the building?
We would consider reducing the building to a 3,000 square foot size if the financial viability of
the project allows it. If we receive opposition during the variance hearings, we will have to hire
an attorney and prepare additional plans which will increase the cost of the project. In that event,
the building would have to get larger to offset these costs. The building size architecture and
complexity of the improvements also play a role and further design of the development and
architecture are necessary in order to determine if it is financially viable. The attendees agreed
that the catwalk will not be counted as part of the 3,000 square foot building.
We can not commit to this plan until we are able to see the covenants and further details of the
proposed architecture. In addition, those of us here representing communities can not assure
you that there will not be an individual property owner who will come out during the hearing
against the project.
The covenants will be sent to you within 2 weeks and we will follow up with you and your
organizations to make sure we reach agreement with these details. If your groups will support
the project, we are willing to make this commitment and take the risk of addressing other
individuals who may oppose the project.
The way the property was rezoned, has caused a lot of anger and mistrust with this property.
You should recognize that you are starting from this point and will have a more difficult road
to overcome than a normal project.
We recognize the history of this issue but since the zoning is a C-2 property, we hope that you
will work with us to move forward from this point.
A community association can not generally make a binding agreement. How can the covenant
become binding? What happens if the property is sold to another developer and he does not
want to adhere to these conditions?
We recognize this and your agreement with the details of these covenants once accepted by all
parties will be sufficient. The covenants will be recorded with the property deed and will be
binding. They will be required despite who ever owns the property.
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What will be the results of the traffic study? The state should realign the intersection
so that it is not angled and a more 90 degree to Bestgate Road. The hiker biker trail
that is on your side does not connect with the trail on the south side of the road (in
front of Tidewater Colony).
To our knowledge, the State Highway has no plans to realign this intersection. In
addition, North Bestgate Road needs to line up with Tidewater Colony Road and any
change in this intersection would make this worse. We are proposing low plantings
(perennials and smaller shrubs) near the intersection so that this will not interfere with
sight distance.
Will there be water in the pond?
No, the device is made to drain within approximately 24 hours. Mosquitoes need
ponding water of 7 -1 0 days. In addition, the plants in the bio retention area will help
transpire and take up the water in this area.
We like the previous architecture better. You should consider having a catwalk
which will help to step back the 2
nd
story so that it breaks up the look/mass of the
building.
These are goods suggestions and we will try to incorporate theses into the design.
Where are the stairways in the building to allow access to the 2
nd
floor?
There is one stairway in the rear of the building and another stairwell in the column on
the front of the building.
We need to hear if Mr. Williams (next door neighbor) has any concerns.
We met with him a few weeks ago and his two concerns were whether there would be
standing water in the pond and will this new parking lot drain across his lot. We
discussed that the water in the pond will dipissate quickly and the site has been graded
so that the parking lot drains down the middle of the drive aisle and directly into the
bio retention area.
What will the lighting be like for this project? I’m concerned that the glare will be
extensive.
Lighting is an issue that we deal with through the county’s review process. There are
lots of ways to limit the glare from lights, including using a smaller pole height, adding
deflectors that will restrict light spillage (such as towards Mr. Williams property),
adding landscaping to help screen the lights, or adding it to the building at a height
that will be unobtrusive.
What about the sign that we discussed at the April meeting? We would like a sign
that recognizes our community “Weems Creek Neighborhood, Anne Arundel
County”. It can be as small as 1 ˝ foot in height by 2 feet in length.
We will include this in our development.
This concluded the discussion and our meeting. Vernon had everyone sign the list of
attended and indicated that everyone on the list as well as adjacent property owners
within 175 would receive a copy of these meeting minutes.
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If you have any concerns or issues with these meeting minutes, please forward those
comments to this office within ten working days so that these meeting minutes may be
modified otherwise they will become the minutes of record. This memorandum will be
submitted to each of the adjacent property owners within 175 feet, and to those
individuals who attended the meeting and the County’s Office of Planning and Zoning.
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