Carroll County Board of Zoning Appeals Public Hearing - July 28, 2026
Carroll County Board of Zoning Appeals Public Hearing - July 28, 2026
The Carroll County Board of Zoning Appeals held a public hearing on July 28, 2026, starting at 9:00 AM in the Reagan Room of the Carroll County Office Building. The board heard three cases: a conditional use and variance for a two-family dwelling (Case #6626), an appeal of a zoning administrator's decision regarding a rear yard setback variance (Case #6620), and a continued hearing for a commercial kennel conditional use (Case #6609). The board approved Case #6626, denied the appeal in Case #6620, and continued Case #6609 to a future date.
Case #6626 – Two-Family Dwelling Conditional Use and Variance (9:00 AM)
- Applicant: David B. Fisher, represented by Attorney Jay Brooks Leahy. Property at 3021 Walnut Street, Manchester, zoned R-10,000 Residential.
- Request: Conditional use for a two-family dwelling not in a planned unit development or retirement village, and one variance for lot size (reduction from 15,000 sq ft to 13,906 sq ft).
- Testimony: Mr. Fisher testified he purchased the property, renovated it (spent $50,000, estimated $70,000 with labor), and learned of the zoning issue during refinancing. The property had been a two-family unit since at least 1991. Expert witness Martin Hackett (CLSI) stated the use is consistent with the county plan and does not adversely affect public health, safety, or property values. No public opposition was voiced.
- Decision: The board approved the conditional use and variance unanimously. The board noted the improvements benefit the community and that the violation should be cleared.
Case #6620 – Appeal of Zoning Administrator’s Decision (9:30 AM)
- Appellant: Ray Howes, represented by Attorney Matthew Hurf. Property at 1415 Stover Road, Taneytown, zoned Agricultural.
- Background: The zoning administrator (Anastasia Yemelyanova) approved an administrative adjustment allowing a 20-foot rear yard setback (instead of 50 feet) for a replacement dwelling. The applicant was Daniel Justice.
- Testimony: Zoning administrator explained her decision based on site constraints (corner lot, floodplain, existing structures, septic location). Appellant argued the reduction would impact farming operations (spraying) and that the applicant could relocate the garage. Expert witnesses (Chris Weaver, Gary Dell) testified that herbicide/pesticide labels require 80–100 foot setbacks from residences, reducing farmable area and causing financial loss. Mr. Justice testified he attempted to work with the neighbor and the setback was never intended to be 30 feet; he needed the attached garage.
- Decision: The board overturned the zoning administrator’s decision, denying the variance. The board cited additional information about spraying impacts and the ability to place the garage elsewhere. The vote was 4-1 (Ms. Dennis dissented, citing the administrator’s consultation with the Ag Preservation Office).
Case #6609 – Commercial Kennel Conditional Use (10:00 AM – Continued)
- Applicant: Rachann Mayer. Property at 6270 Davis Road, Woodbine, zoned Conservation. Request for conditional use and multiple variances for a commercial kennel of more than 10 dogs (up to ~140 dogs).
- Status: This was a continuation of a prior hearing. The board heard testimony from opposition witnesses throughout the afternoon.
- Opposition Testimony Highlights:
- Karen Joines (veterinarian, neighbor): Raised concerns about traffic safety (narrow roads, school bus stop, limited sight lines), water consumption (estimated 700+ gallons/day for boarding), noise impacts (up to 100 dB), property value decreases (5–20% estimated), and incompatibility with the conservation zoning. Presented a petition with ~500 signatures.
- Jeanette Bingaman (realtor): Testified that a similar kennel in California reduced property values by $180,000. Emphasized impact on nearby homeowners with limited equity.
- Todd Bingaman (property owner): Stressed the 16 variances requested, self-created hardship, and impacts on neighbors and Mount Olive Church.
- Vincent Fertetta (neighbor): Cited traffic hazards, children walking home, and loss of peaceful enjoyment.
- Donna Fields (adjacent property owner): Described well and septic issues, removal of trees, and fear of devaluation.
- Linda Frazier (mother of special needs adult son): Testified that her son has autism and dog barking is a major trigger. Expert witness Rachel Sousa (behavior analyst) confirmed the son would likely face severe distress, potential self-harm, or need to move.
- Nicole Romiser (retired police officer): Raised emergency response concerns due to narrow roads, limited shoulders, and increased accident risk.
- Bob Geldmacher (neighbor): Highlighted noise (audible from 4 miles away), property value concerns, and dangerous intersections (Cabbage Spring Road and Gillis Falls Road).
- Diane Isaac (horse farm owner): Described difficulty maneuvering horse trailers on narrow roads, especially with increased traffic. Noted road conditions require frequent county repairs.
- Decision: The board did not make a decision on this case. The hearing was adjourned and will reconvene on September 22 or 23, 2026, to allow for additional testimony and review of new evidence.
Key Outcomes
- Case #6626: Approved unanimously. Written decision to be issued within 30 days.
- Case #6620: The board overturned the zoning administrator’s decision, denying the requested variance. The written decision will be issued within 30 days.
- Case #6609: Continued to a future hearing date (September 22 or 23, 2026). No vote taken.
Meeting Transcript
Morning, everyone. This morning we have before us at nine o'clock is case number six six two six. And um, with that, Mr. Dixon, could you go ahead and introduce the file for us, please? Sixty six twenty six, a request for conditional use for two family bottling, not in a planned unit development or retirement road and run variants. The site is located in thirty twenty-one Walnut Street, Manchester, Maryland, or property zone, R1000 residential district and election district six by David B. Fisher. Code of Public Local Laws and Ordinances, Section One Fifty Eight. In the file of this matter, we have the following documents. Notice of public hearing, July 3rd, 2026. There is a letter, July 21st, 2026 letter from Daphne Daly, the Secretary to the Planning Commission. After having reviewed the information contained in the attached analysis, the facts as presented in the application, the relevant portions of applicable comprehensive and other functional plans, and in accordance with the land use article, this conditional use request, if granted, is consistent with the policies, timing of the implementation of the plan, timing of development, timing of rezoning, and development patterns. There's a July 21st, 2026 memo from Carlisle Fallat comprehensive planner. It states that the above reference BZA case has been reviewed for consistency with the policies and recommendations contained in the 2014 Carroll County Master Plan as amended in 2019. Carroll County Water and Sewer Master Plan and other functional plans. States that based on the factors described above, planning staff finds that this request is consistent with the 2014 Carroll County Master Plan as amended in 2019. There's a response to Bethany Henderson's request of air, state and local agencies from Anastasia Yemel Yanova, the administrator. And it ends with the zoning administration office has no concerns with the requested conditional use and variance. There is a response from Janet O'Meara, Bureau Chief Resource Management. Under comments, it has no comments. The comments, all comments from a permit standpoint will be addressed during the permit process. There is a response to Bethany Henderson's request from JP Smith Jr. Program Manager, Ag Land Preservation Program. This property is not in ag preservation. I have no comment at this time. There is a response to Bethany Henderson's request from Lisa Staley, Carroll County Environmental Health Department. Comments, proposed use may not be acceptable unless it is demonstrated that there is an adequate water supply and adequate area for the installation of an initial and two replacement septic systems for the proposed use in any existing uses of this property. And I see some photographs, front of the house, rear of the house. And there's a plot plan from CLSI. I would ask that the file be entered into evidence. Do I have a motion to move the file into evidence? So moved. Seven. Been moved and seconded all in favor, aye. All posed, no. We will go ahead and enter the file into evidence. Before we get started on this case this morning, I'll remind you if you're here for this case. And we'll remind you to leave by the same door that you came in today, turning in your badges so they're not trying to locate you at the end of the day in the building. With that, if you plan on testifying in this case this morning, um ask that you uh uh please stand and take the oath. Please raise your right hand. Do you affirm under the penalties of perjury that the testimony you're about to give is the truth, the whole truth, and nothing but the truth. Yes, I do. I I do, or I will. Okay, very good. Thank you. Mr. Leahy. Thank you. For the record, uh Jay Brooks Lady, the Lady Lady and Curtis, appearing on behalf of the applicant. Um I have a series of exhibits.
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