Ingrid Mezo

Three formal annexation proposals that were recently made to Thurmont are still moving forward after town board members voted on November 7 that the Myers Farm property is adjacent and contiguous to the town. "Maryland state law requires that a property being proposed for annexation be located close enough to the town to allow the town to provide sufficient services there," said town attorney Deborah Borden of Board and Borden. "Such services include emergency responders, and water and sewer." Commissioner Glenn Muth cast the sole vote against the board’s interpretation of the state’s annexation law to allow Tom Hudson of Hudson Land to move forward with his annexation proposal.

Although Mayor Martin Burns did not vote with other board members, he made a strong argument for not using the state law as a tool to prevent Hudson from going forward. To illustrate his point about how the Myers Farm property meets with the state requirement and how it connects to the town, Burns drew a chalk outline of the property in question on the board. "The piece of [U.S. Rt.] 15 [connecting the property to the town] is a small piece," Commissioner Ron Terpko said. "I don’t see how you could honestly say that property is not contiguous or adjoining."

If all three annexations are approved, 970 new homes could potentially be built. However, no board member has said that he would vote to annex any of the properties being proposed. Instead, Burns and other board members have been vocal about wanting to hear the developers’ offers before deciding. Burns also said that the board would not vote until March, when the town could more accurately assess whether the first phase of the sewer system repairs had improved the system enough to release Thurmont from its consent agreement with the Maryland Department of the Environment (MDE).

Drees Homes, developing the property near the Weis Market, is the only one who has drafted an annexation agreement with the town. "At their request, I met with them privately with our town attorney and we discussed the issues based on our meeting weeks ago in which I recommended a moratorium on all annexation until the MDE consent order is lifted," Burns said. "They said ‘Is there anything we can do [to speed up the board’s vote]?’ because all applicants don’t want to waste their time. Time is money to them; they [don’t want to] go down a path trying to get something that will not be approved based on the consent agreement. The bottom line is: timing is everything. And the residents don’t want it—there’s too many homes. We just don’t know where our sewer system is at this time."

Burns said he "could never approve any annexation" to bring more homes into the pipeline until the town has tested the first phase of the repairs to its sewer system, which will allow the sewer treatment plant to treat an additional 360,000 gallons of water a day. Spring is the best time to test the system because then the ground is saturated with melting snow and the most rain is expected. The sewer system was first tested in the spring and retesting it at the same time will allow the town to compare "apples to apples," Burns said.

"I think the MDE wants us to put in flow-meters now," he added. "I believe they just are not being logical. The consent agreement does not say we have to put them in now, and that would not be an accurate assessment. When we put them in before, the ground was saturated, and [there were heavywith] rains [then]. That’s when you need to test it, [not now, when the ground is dry.]"

Burns said Drees has asked if they could do something to put money toward the town’s sewer system repairs, but "We’re still hedging our bets in guaranteeing permits without knowing [the condition of the sewer system]. In good, faith I’m not willing to hedge the bet and go out on a limb…. There could be significant revenues to specifically address the sewer system’s I and I [infiltration and inflow, i.e., storm water seeping into cracks and causing overflows]. It’s a really almost terrible situation to be in. They have money they can give to offset the cost, but I can’t accept that until I know the sewer system is rehabilitated."

Here’s What Is Being Proposed

The first of the three annexations being proposed is the Myers Farm, a 235-acre parcel of land of which 210 acres would have to be annexed into the town, according to a Catoctin Area Planning and Preservation Association (CAPPA) position paper. Those 210 acres are currently zoned agricultural. Developer Tom Hudson has said he would like to build between 375 and 400 homes there and some stores, including , potentially, a big box store and doctors’ offices, but he has not yet publicly stated exactly what type of facilities, yet he is willing to talk to residents about what types of businesses they would like if the annexation is approved.

The Myers Farm property is located to the northwest of U.S. Rt. 15 behind the Shamrock Restaurant, east of Franklinville Road, west of Orchard Road, and south of Kelbaugh Road.

Drees Homes submitted a formal annexation proposal to build 329 homes near the Weis Market. During a recent town meeting, Drees presented plans that showed a swimming pool, a large park, and a forested area buffering Catoctin Furnace Road. The design also showed walking paths that would lead to the future Thurmont library, another smaller park on the other side of the development, and some round-abouts. The area Drees has asked to annex is 113 acres, according to CAPPA.

The third property proposed for annexation is the Lawyer’s Farm property, which Beazer Homes Corp. would develop. The town has already seen this request. That property is a 131-acre parcel of land, on which Beazer has requested to build 241 single-family homes.

The Lawyer Farm is surrounded already by residential development, with Woodland Park subdivision the north, Jermae Estates to the west, Bennett Estates to the right, and an older subdivision of estate lots to the south. A conceptual design for the project showed the larger 12,000 square foot lots on the perimeter and the smaller 8,000 square foot lots on the interior.

Viewpoints

Pros of Annexation

Many people say that low, controlled growth is required in order for a municipality to survive. As Mayor Martin Burns and Commissioner Ron Terpko have repeated during town meetings, income from increased tax revenue (via an expanded tax base and developer impact fees for creating and repairing roads, parks, and water services) can have a considerable impact on a town’s budget. Moreover, Terpko has pointed out that Thurmont will soon no longer realize revenues from impact fees because the last development is near completion.

The current board has not voted to approve any residential annexations. "I’ve voted against every residential annexation that’s come before me since I took office," Burns said in March. "But, if we don’t bring in some revenue to offset the loss in revenue [e.g., maintaining municipal services and funding building constructions], hey, your taxes will go through the roof."

However, Burns later said that the town is working to get grant money to help pay for repairs to its sewer system. Because many other municipalities in Frederick County also are applying for grants to repair their sewer systems, Thurmont’s share is undetermined.

Also, Thurmont has an Adequate Public Facilities Ordinance (APFO) with which board members can force developers to ensure that their developments will not unduly burden the town’s amenities. Town board members refuse to accept a development unless the developer meets the conditions of the APFO, e.g., to avoid schools exceeding their capacity, developers can be required to fund additions or new construction. A town survey, to which 600+ residents responded, indicated that 47 percent wanted large department stores in town, 40 percent specifically mentioning Wal-Mart. Other survey results showed a desire for more doctors’ offices. To attract such business, at least some growth would be required.

Cons of Annexation

Annexing properties could also have some damaging effects to tourism and the environment, according to Sabrina Massett of the Catoctin Area Planning and Preservation Association (CAPPA). The group of 40 residents of northern Frederick County organized to address such concerns and has drafted a position paper that outlines the pros and cons of all three proposed annexations to Thurmont. They recommend that the town deny all three. The position paper is available at www.cappaweb.org.

Among the cons the group lists is the number of new residents the annexations would bring if approved. They estimate that the Drees proposal would bring 800 to 1,000 new residents, the Myers Farm proposal 1,000, and the Lawyer property 725 to 950. Thurmont’s population is now about 6,000. This influx would overburden current parks, recreational areas, schools, and public services, e.g., police, trash pickup, recycling, and town maintenance.

Massett said that CAPPA drafted the position paper after meeting with developers and attending town board, planning, and zoning meetings. "At some point, we hope to hold a community hearing," she said. "We’re not adversaries to the town; we’re a resource for the town, a resource for the citizens and the commissioners. As presented, what you’re seeing is same old, same old. You’re not seeing anything that practices smart land management practices."

Instead of proposing more of the same old kind of development, Massett said that she and other CAPPA members would like developers to come to town with more innovative, environmentally friendly, and aesthetically pleasing proposals. "We don’t want Thurmont turning into just ‘Anytown U.S.A.’," she said. "Thurmont is a unique town, and we want to keep it that way."

"We’re trying to send a message," Massett continued. "If you want to come to Thurmont, you need to come with creative ideas, with best land use, and with least disturbance of natural resources."

What Residents Can Do

Whether residents are for development in Thurmont or opposed to it, town board members said, the first thing they need to do is get the facts, then to communicate with town officials.

Mayor Martin Burns said that, before purchasing property, people need understand how the land is zoned in the town’s master plan and in the county’s regional plan, which is just what county planner Denis Superczynski pointed out in a recent town meeting. "Because that’s exactly where the property is supposed to be developed," Burns said.

If development to the town fixes 50 percent of the town’s water issues, "isn’t that good because the town’s not going to [be able to afford to fix it otherwise]?" he asked. "We had how many homes go up in Jermae Estates,

and who’s impacted by that? Unless you drive back there, you don’t notice the impact of those homes that go up."

"What people need to know the most is that they’re lucky that they have a board of commissioners that wants to do what people want us to do," Burns continued. "I have not heard [board members] stand up and say bring it on. None of the board of commissioners would possibly approve any of the annexations that have been submitted [without the consent of residents and ensuring the sewer system capacity.]"

Commissioner Wayne Hooper said that residents need to know how annexations will affect the town either way. "If it’s annexed, what does that mean for the town as far as services, income, whatever," Hooper said. "If it’s not annexed, what are we looking like in the future as far as tax base? Are their taxes going to go up?"

Being informed is the major thing for citizens, Hooper said. "They need to come and take part in the meetings." "You can have an emotional response or you can have an informed response," he concluded.

Commissioner Ron Terpko said that residents should do their research. "Get the facts, and the facts don’t

come from gossiping on a street corner or across a bar," he said. "Ask questions, come to meetings. We would be happy to talk. E-mail us, call us."

Sabrina Massett of CAPPA pointed out that the town’s planning and zoning board is working on the master plan. "There is going to be a draft completed in two weeks, and at the beginning of December, there will be a public meeting," Massett said. "The date is not set yet, but it is really important for people to come to that to shape the town’s future if you want to have a say in how the town grows."