NEWS

Washington County zoning board rules on Bowman/Sheetz truck stop plan

Mike Lewis
The Herald-Mail

A Sheetz convenience store and truck stop can be built on Spielman Road near Interstate 81 after a ruling by the Washington County Board of Zoning Appeals.

But immediately after the board’s 4-1 vote Wednesday, an attorney indicated the decision might be appealed.

“We’re certainly going to look at the merits of the decision,” said Michele McDaniel Rosenfeld, an attorney representing some of the opponents. “I think there was some flawed analysis. ... I don’t think this is over yet.”

The way it works:How will the zoning board make a decision on proposed Sheetz truck stop near Williamsport?

Meanwhile, a representative of the Bowman Group, which owns the property, was happy with the outcome.

“We’re pleased,” said Rob Ferree, president of Bowman Development. “We’re pleased that we finally got BZA approval for the Sheetz store with truck fueling and parking.”

The Bowman Group planned to put similar businesses on the roughly 9-acre site in 2001 and 2017. Neither came to fruition.

The property recently has been used to store semi-trailers.

The zoning board’s formal ruling is to be issued within 30 days. After that, opponents could appeal the decision to Washington County Circuit Court.

Ruling based on a range of factors

The board members’ discussion echoed some of the remarks made during a public hearing on June 8.

During that session, opponents raised concerns about traffic, safety, noise and other issues.

Supporters and spokespeople for the developers said the traffic and safety concerns can be addressed, and that the facility is needed in the area to serve local residents and people traveling on I-81.

Members of the Washington County Board of Zoning Appeals discuss a proposed truck stop Wednesday in the county administration building. From left are Jill Baker, planning director and zoning administrator; Katie Rathvon, zoning coordinator; Brian Kurtyka, the board's attorney; Paul Fulk, board chairman; Michael Zampelli, co-chairman; and board members John Cohill, Jay Miller and Tracie Felker.
(Photo: Mike Lewis/Herald-Mail)

Bowman Development and Sheetz describe the facility as a standard Sheetz convenience store with six fueling pumps for semis and 30 parking spaces for tractor-trailer rigs.

There would be no showers, overnight accommodations or other amenities for truck drivers. The parking and fueling area for heavy trucks would be separate from the parking and fueling area for passenger vehicles.

They said the facility is only considered a truck stop because of the county's definition of that term, which includes providing fuel for trucks.

The property is zoned Highway Interchange, which allows for a variety of uses, including warehouses. But putting a truck stop there requires a special exception from the zoning board.

The code states that the board shall not grant a special exception if it finds the proposed development "would adversely affect the public health, safety, security, morals or general welfare, or would result in dangerous traffic conditions, or would jeopardize the lives or property of people living in the neighborhood."

In making a decision, the code says the board is to consider a range of factors, such as the "orderly growth of the community," traffic, impact on property values and "the peaceful enjoyment of people in their homes," among others.

'Most appropriate use' of the property

Board member Jay Miller went through each of those factors during Wednesday's deliberations.

He said he travels through that area often and has some experience with traffic congestion at the intersection where Spielman Road (Md. 63), Lappans Road (Md. 68) and Governor Lane Boulevard meet.

The truck stop plan includes changes, such as adding a left-turn lane, that would improve the traffic flow there, he said.

The site plan for the proposed Sheetz store on Spielman Road,

Miller said the truck stop would provide for the orderly growth of the community. And he said real estate agents have said the development would not affect property values.

Only one homeowner lives in the immediate vicinity of the site, he said.

 Miller concluded that the truck stop is “the most appropriate use” of the property.

“I disagree,” countered board member Tracie Felker

She said opponents submitted a petition with 180 signatures of people against the project. She also referred to the opponents’ concerns about potential safety problems, traffic congestion, diminished property values and other issues.

“What is the benefit of putting a truck stop in a community that really doesn’t want it?” she asked.

Michael Zampelli, the board's co-chairman, replied that the board’s role is following the county's zoning code and weighing the “delicate balance” between a property owner’s rights and the impacts on the community.

He said the Bowman Group's partnership with Sheetz is “probably more attractive than other options,” such as a manufacturing plant, that would not need zoning board approval.

Comings and goings:Where is the next warehouse going? And businesses set celebrations

Your elected officials:The hard work of lawmaking is done in committees. Is your legislator present?

Board Chairman Paul Fulk said some of the opponents live a mile or two away from the site. He asked Felker if she considered them to be in the “immediate vicinity” of the proposed truck stop.

“That’s immediate to me, sure,” she replied.

Fulk had previously said the board has to base a special exception decision on evidence, not the number of people who are for or against a particular proposal.

In the end, Fulk, Zampelli, Miller and John Cohill voted to grant the special exception.

Felker voted against it.

Chairman: Commissioners' letter 'is inappropriate'

During the discussion, Fulk noted that three of the five county commissioners — Terry Baker, Charlie Burkett and Wayne Keefer — sent a letter to the board urging it to deny the special exception.

The letter recognized the zoning board's independent role but asked members to also acknowledge the commissioners' position as elected officials responsible for long-term planning.

The letter said residents "have expressed valid concerns."

Fulk said that, while individual commissioners can comment as citizens, the letter seemed "politically motivated" to “try to sway our opinion.”

"(The) county commissioners, three of them, putting together a letter on county commissioners' letterhead is inappropriate. It was wrong," Fulk said.

In a text message Thursday, Keefer noted that courts have overturned the zoning board's ruling on similar issues in the past.

"For the county commissioners not to be able to have an opinion on county zoning issues is an absurd thought," he added. "I find it disconcerting that the chair of a public body would take issue with elected officials speaking up for the concerns expressed by their constituents, especially those concerns which pertain to safety and emergency services for which this decision appears to disregard. I believe it may be time for new leadership on this board."

In an interview Thursday, Burkett said the letter was not intended to intimidate zoning board members.

"It's the commissioners' responsibility to be the voice of the people," Burkett said. "When you have so many people who are against a proposal like this, you should speak up."

Burkett said he believes in private property rights, but hoped that the developers would offer something "more complementary" to the community.

Messages to Baker were not immediately returned Thursday.

The other two commissioners, Randy Wagner and Jeff Cline, declined to sign the letter. Wagner said the property is zoned Highway Interchange and could be put to more intensive use within the zoning code. Cline said he would wait for the zoning board to make a decision.

Cline, Wagner, Burkett and Keefer are up for reelection during this election cycle. Baker is running for the House of Delegates seat in District 1C, which includes the Spielman Road site. 

The primary is July 19 and early voting starts July 7.

Mike Lewis covers business, the economy and other issues. Follow Mike on Twitter: @MiLewis.