{"id":1007,"date":"2015-04-28T09:01:37","date_gmt":"2015-04-28T13:01:37","guid":{"rendered":"http:\/\/garrettparkpool.org\/?page_id=1007"},"modified":"2022-07-12T08:48:26","modified_gmt":"2022-07-12T12:48:26","slug":"moco-board-of-appeals-special-exception","status":"publish","type":"page","link":"https:\/\/garrettparkpool.org\/about\/moco-board-of-appeals-special-exception\/","title":{"rendered":"MOCO Board of Appeals Special Exception"},"content":{"rendered":"

BOARD OF APPEALS<\/strong><\/h3>\n

for<\/strong><\/h3>\n

MONTGOMERY COUNTY<\/strong><\/h3>\n

Stella B. Werner Council Office Building<\/p>\n

100 Maryland Avenue Rockville, Maryland \u00a020850<\/p>\n

www.montgornervcountymd.gov\/content\/council\/boa\/index.asp<\/p>\n

(240) 777-6600<\/p>\n

Case No. CBA-102<\/strong><\/p>\n

PETITION OF THE GARRETT PARK SWIMMING POOL<\/strong><\/p>\n

REVISED RESOLUTION TO MODIFY SPECIAL EXCEPTION<\/span> (Resolution Adopted December 4, 2013)<\/p>\n

Effective Date of Resolution: February 12, 2014<\/p>\n

Case No. CBA-102 is a special exception that the Board of Appeals granted to Garrett Park Swimming Pool Association effective November 4, 1953, under Section 176-13, G(29), Mont. Co. Code, 1950, to permit a community swimming pool. \u00a0On September 19, 1979, the Board passed a resolution to clarify the hours of operation for the pool. \u00a0Effective July 18, 2013, the Board of Appeals granted an administrative modification of the special exception, under Section 59-G-1.3(c)(1) of the Zoning Ordinance following a May 23, 2013 request from Jean Horan, President of the Board of Directors of the pool.\u00a0 \u00a0Pursuant to the provisions of Section 59-G-1.3(c)(1)of the Zoning Ordinance, in a resolution dated August 16,\u00a02013, the Board of Appeals suspended the administrative modification and held a\u00a0hearing on the modification on December 4, 2013 following timely requests from James and Jean Agenbroad and Ann Gordon. \u00a0At the end of that proceeding the Board reinstated the modification with revisions based on proposals from Garrett Park Swimming Pool Association [Exhibit No. 36] and evidence and testimony at the hearing on December 4, 2013.<\/p>\n

The subject property is Lots 12, 13 and 14, Block 94, located on Cambria\u00a0Avenue in the Town of Garrett Park, Maryland 20896, in the R-90 Zone.<\/p>\n

The Board reinstates the modification to allow the following physical and operational characteristics of the special exception:<\/p>\n

    \n
  1. Hours of Operation:<\/span><\/strong><\/li>\n<\/ol>\n

    General Hours <\/span>(open to all members)<\/p>\n

    3 p.m. to 8 p.m. on days Montgomery County Public Schools are in session<\/p>\n

    10 a.m. to 9 p.m. all other days<\/p>\n

    Special Hours<\/span><\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 6 a.m. weekdays- early use by adult “master swim” participants only<\/p>\n

    (b) \u00a0 \u00a0 \u00a07:30 a.m. weekdays \u00a0during swim team season (from the end of the school year until late July)<\/p>\n

    (c) \u00a0 \u00a0\u00a07:30 a.m. on Saturdays- use by swim team members \u00a0and members\u00a0of visiting teams when GPSPA hosts Saturday morning swim meets;\u00a0no amplified sound will be used before 9 a.m.<\/p>\n

    (d) \u00a0 \u00a0\u00a010 \u00a0p.m. \u00a0closing \u00a0on \u00a0evenings \u00a0when \u00a0the \u00a0temperature\u00a0 \u00a0exceeds \u00a090 degrees, at the discretion of pool management- use by all members<\/p>\n

    (e) \u00a0 \u00a0\u00a010:30 p.m. closing on two evenings a week- adult members \u00a0(18+)\u00a0only<\/p>\n

    (f) \u00a0 \u00a0\u00a0late night use permitted \u00a0up to 11:30 p.m. no more than 4 weekend nights per season for special events<\/p>\n

    (g) \u00a0 \u00a0\u00a0one overnight use for the swim team<\/p>\n

      \n
    1. General Pool Operation<\/span><\/strong><\/li>\n<\/ol>\n

      (a) \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Season. \u00a0 \u00a0Saturday \u00a0before \u00a0Memorial \u00a0Day \u00a0through \u00a0mid-September.<\/p>\n

      Based on staff availability the Pool may be open for curtailed hours on \u00a0select \u00a0days \u00a0after \u00a0Labor \u00a0Day \u00a0until \u00a0no later \u00a0than \u00a0the \u00a0second \u00a0full week of September.<\/p>\n

      (b)\u00a0\u00a0\u00a0 \u00a0Membership.\u00a0 \u00a0Approximately 535 families. \u00a0GPSPA estimates that approximately 70% of Pool membership is within walking or biking distance of the Pool.<\/p>\n

      (c)\u00a0\u00a0\u00a0\u00a0 \u00a0Refreshments \u00a0are provided \u00a0in \u00a0the form \u00a0of cold \u00a0drinks \u00a0and \u00a0snacks dispensed through vending machines during normal operating hours.<\/p>\n

      (d)\u00a0\u00a0\u00a0\u00a0 \u00a0Fencing.\u00a0 \u00a0A chain \u00a0link\u00a0 fence surrounds \u00a0the entire \u00a0perimeter \u00a0of the property, \u00a0enclosing\u00a0\u00a0 \u00a0pools,\u00a0\u00a0 \u00a0bathhouse,\u00a0\u00a0 \u00a0guardhouse\u00a0\u00a0 \u00a0and\u00a0 \u00a0other facilities.\u00a0 \u00a0It is 10′ tall on the eastern boundary \u00a0(with the Town tennis court) and 8′ on all other sides.<\/p>\n

      (e) Landscaping.\u00a0 \u00a0Mature trees and shrubs are maintained by GPSPA throughout \u00a0the\u00a0 \u00a0property, \u00a0and \u00a0new \u00a0plantings \u00a0are \u00a0installed \u00a0as warranted.\u00a0 \u00a0All plantings\u00a0 are maintained \u00a0for appearance \u00a0and safety, as well as to provide visual and sound screening between the pools, and between the property and residents.<\/p>\n

      (f)\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0Lighting. \u00a0All pools, the bathhouse and grounds are well-lit; lights are illuminated\u00a0 \u00a0all \u00a0night \u00a0during \u00a0the \u00a0season.\u00a0\u00a0\u00a0 \u00a0The \u00a0Town-owned\u00a0 \u00a0and maintained \u00a0parking \u00a0lot is fully lit year-round.\u00a0 \u00a0All lights \u00a0are directed away from the residential area to the south:<\/p>\n

      (g)\u00a0\u00a0\u00a0\u00a0 \u00a0Parking.\u00a0 \u00a0As noted above, a significant proportion \u00a0of Pool members live within walking \u00a0and biking distance \u00a0of the Pool.\u00a0 \u00a0A Town-owned and \u00a0-maintained parking \u00a0lot \u00a0is \u00a0immediately \u00a0adjacent \u00a0to \u00a0the \u00a0Pool property. \u00a0The Pool and the Town of Garrett Park provide parking for\u00a0bicycles, scooters, etc. On approximately 5 or 6 occasions during the season – 2 or 3 Wednesday night “B” team meets and a similar number \u00a0of Saturday morning “A” meets – as well as holidays and some weekends, there is parking overflow to adjacent streets.\u00a0 \u00a0For swim\u00a0 \u00a0meets, \u00a0the \u00a0GP \u00a0Swim \u00a0Team \u00a0and \u00a0the \u00a0Town \u00a0government coordinate to provide community-wide notice of the meet and encourage \u00a0walking \u00a0to \u00a0the \u00a0Pool \u00a0by \u00a0local \u00a0participants; the \u00a0Town, GPSPA and the Swim Team also cooperate on other steps to minimize \u00a0traffic \u00a0and \u00a0parking \u00a0impact \u00a0on \u00a0nearby \u00a0residents \u00a0and \u00a0to assure a safe vehicle and pedestrian environment at all times.<\/p>\n

      (h)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 GPSPA shall at all times observe applicable Montgomery County and Town of Garrett Park rules, regulations and ordinances.<\/p>\n

      (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Music\/Amplified Sound<\/p>\n

      (A) No music will be played by a means different from, or to a level greater than that of a usual and conventional home reproduction system such as a CD player or stereo.<\/p>\n

      (B) The use of such a conventional home reproduction system to play\u00a0 \u00a0music\u00a0 \u00a0or \u00a0otherwise \u00a0amplify \u00a0sound\u00a0 \u00a0for\u00a0 \u00a0entertainment purposes shall be permitted for one late night use per operating season only, and shall be discontinued by 10:00 p.m..\u00a0 \u00a0For the remaining permitted late night uses and the permitted overnight use, the use of a home reproduction system for entertainment purposes shall be discontinued by 9:00 p.m.. \u00a0Speakers for any such reproduction system used for entertainment purposes shall be oriented away from neighboring residences, so as to face the abutting railroad tracks.<\/p>\n

      (j) \u00a0 \u00a0 \u00a0Sound – During \u00a0late night \u00a0uses, GPSPA shall monitor sound levels at the perimeter of theproperty every thirty minutes. During \u00a0the\u00a0 \u00a0single\u00a0 \u00a0overnight \u00a0use, \u00a0GPSPA \u00a0shall\u00a0 \u00a0conduct \u00a0such monitoring at the perimeter of the property every thirty minutes until midnight and every hour thereafter until the conclusion of the event.<\/p>\n

      (k) \u00a0 \u00a0 Community Liaison. \u00a0GPSPA shall designate a Community Liaison to address issues that affect pool neighbors. \u00a0The Community Liaison will serve as a contact person for neighbor complaints. GPSPA must provide the name and contact information for the designated Community\u00a0\u00a0\u00a0\u00a0 Liaison,\u00a0 \u00a0together\u00a0 \u00a0with\u00a0 \u00a0information\u00a0 \u00a0regarding\u00a0 \u00a0the scheduled dates for home swim meets, late night and overnight uses, to neighbors at the beginning of every operating season. \u00a0A record of any \u00a0neighbor \u00a0complaints \u00a0received \u00a0by \u00a0the \u00a0Community \u00a0Liaison \u00a0in writing must also be filed with the Board of Appeals on an annual basis.<\/p>\n

        \n
      1. Physical Setting of the Pool<\/span><\/strong><\/li>\n<\/ol>\n

        (a)\u00a0\u00a0 \u00a0The \u00a0physical \u00a0setting of \u00a0the Pool and its \u00a0immediate\u00a0 surroundings remain unchanged since 1953.\u00a0 \u00a0Ms. Horan’s letter explains: “The property is leased from the Town of Garrett Park, which coordinates with GPSPA on items of mutual interest. \u00a0The site is bordered on the north by the CSX right-of-way and tracks, on the south by Cambria Avenue, and on both the east and west by recreational areas owned and maintained by the Town of Garrett Park. \u00a0The pool property does not abut any residential property. The nearest residences are south, across Cambria Avenue, and those homes do not “face” the Pool; rather, it is those residential properties’ rear yards that are opposite the pool property.”<\/p>\n

        (b)\u00a0\u00a0\u00a0 \u00a0Two small wooden decks have been added: one deck is contiguous to and expands the concrete deck seating adjacent to the original pool; the other deck is ground-level and supplies seating adjacent to the volleyball court\/child play area.<\/p>\n

        The Board of Appeals considered the modification at its Work sessions on June 5, 2013 and June 19, 2013, and at a public hearing on December 4, 2013. Section 59-G-1.3(c)(1) of the Montgomery County Zoning Ordinance provides, pertaining to modification of special exceptions:<\/p>\n

        If the proposed \u00a0modification is such that the terms\u00a0 or conditions could be modified \u00a0without substantially changing .the nature, character or intensity of the use and without substantially changing the effect on traffic or on the immediate neighborhood, the Board, without convening a public hearing to consider the proposed change, may modify the term or condition.<\/p>\n

        Based on the evidence of record and the evidence presented at the December 4,\u00a02013 hearing, as set forth herein and in the Board’s February ??, \u00a0Resolution to\u00a0Re-Instate Modification in Case No. CBA-102, which is hereby incorporated by\u00a0reference into this Resolution, and for the reasons set forth therein, the Board finds that the requested modification will not substantially change the nature, character or intensity of the use or its effect on traffic or on the immediate neighborhood. Thus the Board finds that the modification should be reinstated, as revised by Exhibit No. 36 and during the proceeding of December 4, 2013, as depicted in this Revised Resolution to Modify Special Exception. \u00a0Therefore, on a motion by John H. Pentecost, seconded by Catherine G. Titus, Chair, with Stanley B. Boyd and David K. Perdue, Vice-Chair, in agreement, and Carolyn J. Shawaker necessarily not participating, the Board adopted the following Resolution:<\/p>\n

        BE IT RESOLVED by the Board of Appeals for Montgomery County, Maryland that the opinion stated above is adopted as the Resolution required by law as its decision on the above-entitled petition.\"BOAsignature\"<\/p>\n

        NOTE: \u00a0Any decision by the County Board of Appeals may, within thirty (30) days after the decision is rendered, be appealed by any person aggrieved by the decision of the Board and a party to the proceeding before it, to the Circuit Court for Montgomery County, in accordance with the Maryland Rules of Procedure.\u00a0 \u00a0It is each party’s responsibility to participate in the Circuit Court action to protect their respective interests.\u00a0 In short, as a party you have a right to protect your interests in this matter by participating in the Circuit Court proceedings, and this right is unaffected by any participation by the County.<\/h6>\n<\/div><\/section>\n
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