July 7 2014 Complete Agenda

MAYORANDCITYCOUNCIL
REGULARSESSION
Monday,July7,20146:00P.M.
Aclosedsessionisscheduledfrom5:30PM6:00PMtodiscusslegalandcontractualmatters.
AGENDA
1. CALLTOORDER
2. PRAYERANDPLEDGE
3. CLOSEDSESSIONREPORTMonday,July7,2014,5:30p.m.6:00p.m.
4. APPROVALOFMINUTES
A. RegularSession#10datedJune16,2014
B. WorkSessiondatedJune24,2014
5. ITEMSPRESENTEDBYTHEMAYORANDCITYCOUNCIL
A. StandingCommitteeDraftAgendas
6. CONSENTAGENDA
A. PrivateEventApprovalRequestforMOODBaytotheBeachCharityDriveSeptember6,2014
B. PrivateEventApprovalRequestforWalkOutofDarknessSeptember27,2014
C. 3YearPrivateEventApprovalRequestforMDStateBarAssociationSunRunJune17,2016
D. 3YearPrivateEventApprovalRequestforAGHPenguinSwimJanuary1,2017
E. RequesttoApproveSoleSourcePurchaseofGlideScope
F. RequestforApprovaltoSolicitBidsforCitywideGeneratorMaintenanceContract
7. MISCELLEANEOUSREPORTSANDPRESENTATIONS
8. PUBLICHEARINGS
9. ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYMANAGERANDSTAFF
A. RequestforApprovaltoPurchaseBeachPlayStructurepresentedbyRecreationandParksDirector
B. ConsiderationtoConveyOwnershipofTownRightofWayat61
st
StreetpresentedbyCityEngineer
C. RequestforApprovalofOceanCityBreweryConditionalUseAmendmentpresentedbyPlanningand
CommunityDevelopmentDirector
D. StrategicPlanUpdatepresentedbyCityManager
10. ITEMSREFERREDTOANDPRESENTATIONSFROMTHECITYSOLICITOR
A. FirstReadingOrdinanceratifyingaMemorandumofUnderstandingwiththeWorcester
CountyCommissioners(EaglesLandingGolfCoursesprayirrigationsystemandeasement
grantforsame)
B. ResolutionapprovingtheapplicationandreceiptoffinancingforCommunityLegacyProjects
(tocontinueOCDCFaadeProgramandfordecorativestreetlightingforSt.LouisAvenue
projectPhaseIII)
MayorandCityCouncilRegularSessionAgenda July7,2014
C. Resolutionapprovingtheapplicationandreceiptoffundsfordemolitioncosts(todemolish
eight(8)buildingsownedbytheTownandOCDContheDorchester/SomersetStreetblock)
D. ResolutionestablishingFY15wastewaterlaboratorytestfees(forsewerconnection,plumbing
permitandlaboratorytests)
11. COMMENTSFROMTHEPUBLIC
Any person who may wish to speak on any matter at the Regular Session may be heard during
CommentsfromthePublicforaperiodoffive(5)minutesorsuchtimeasmaybedeemedappropriate
bytheCouncilPresident.Anyonewishingtobeheardshallstatetheirname,addressandthesubject
onwhichheorshewishestospeak.
12. COMMENTSFROMTHECITYMANAGER
A. ReviewoftentativeworksessionagendaforJuly15,2014
13. COMMENTSFROMTHEMAYORANDCITYCOUNCIL
14. ADJOURN

REGULAR SESSION -MAYOR AND CITY COUNCIL
MONDAY, JULY 7, 2014

3 Report on Closed Session Monday, July 7, 2014
5:30 p.m. 6:00 p.m.

NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY

AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of Maryland
PURPOSES:

1. To discuss:
(i) the appointment, employment, assignment, promotion, discipline, demotion,
compensation, removal, resignation or performance evaluation of
appointees, employees or officials over whom it has jurisdiction; or
(ii) any other personnel matter that affects one or more specific individuals;

2. To protect the privacy or reputation of individuals with respect to a matter that is
not related to public business

3. To consider the acquisition of real property for the public purpose and matters
directly related thereto;

4. Consider a matter that concerns the proposal for a business or industrial
organization to locate, expand or locate in the state;
5. Consider the investment of public funds;
6. Consider the marketing of public securities;
X 7. Consult with counsel to obtain legal advice;

8. Consult with staff, consultants or other individuals about pending or potential
litigations;

9. Conduct collective bargaining negotiations or consider matters that relate to the
negotiations;

10. Discuss public security if the public body determines that public discussion
would constitute a risk to the public or public security, including;
a) the deployment of fire and police services and staff; and
b) the development and implementation of emergency plans
11. Prepare, administer or grade a scholastic, licensing or qualifying examination;

12. Conduct or discuss an investigative proceeding on actual or possible criminal
conduct;

13. Comply with a specific constitutional, statutory or judicially imposed
requirement that prevents public disclosures about a particular proceeding or
matter; or
X
14. Before a contract is awarded or bids are opened, discuss a matter directly related
to a negotiation strategy or the contents of a bid or proposal, if public discussion
or disclosure would adversely impact the ability of the public body to participate
in the competitive bidding or proposal process

DATE AND TIME: Monday, July 7, 2014 5:30 p.m.
PLACE: City Hall
SUBJ ECT: Legal and Contractual Matters
VOTE: UNANIMOUS
OTHER: FOR:

AGAINST:
ABSTAIN:
ABSENT:
REPORT OF CLOSED SESSION
OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY

Prior to the open session of the Mayor and City Council being held on Monday, J uly
7, 2014, a closed session was held on Monday, J uly 7, 2014. The following is a report
of the closed session.
1. A statement of the time, place, and purpose of the closed session is attached.
2. A record of the vote of each member as to closing the session is attached.
3. A citation of the authority under the law for closing the session is attached.
4. (a) Topics of Discussion: Legal and Contractual Matters
(b) Persons present:
Mayor Richard Meehan
City Manager David Recor
Council President Lloyd Martin
Council Secretary Mary Knight
Council Members Doug Cymek; Margaret Pillas; Brent Ashley; Dennis Dare and
J oe Mitrecic
City Solicitor Guy Ayres
Public Works Director Hal Adkins
Transportation Superintendent George Thornes
Executive Office Associate Diana Chavis

Action(s) taken:

Motion to close meeting:

Time adjourned:


4 APPROVAL OF MINUTES

A. Regular Session #10 dated June 16, 2014
B. Work Session dated June 24, 2014


5 ITEMS PRESENTED BY THE MAYOR AND CITY
COUNCIL

A. Standing Committee Draft Agendas

Note: The Tourism Commission will not meet in July.

Town of Ocean City
Police Commission
Open Session Agenda
July 14, 2014 9:00 AM
PSB Building, 6501 Coastal Highway

1. Call to Order
2. Approval of Minutes of June 13, 2014 meeting
3. Chiefs Update on May Crime Statistics
4. CEW/Taser Update
5. Update on City Watch System
6. Discussion of Wight Street parking Issue
7. Update by OCPD of taxi franchise meeting with the City Solicitor
8. Discussion of fall Cruisers Event
9. Other Business
10. Adjourn
OCEAN CITY, MARYLAND
RECREATION & PARKS COMMISSION
Tuesday, May 13, 2014
4:00 P.M.
Northside Park Community Room

DRAFT AGENDA

1. Call to Order and Attendance

2. Approval of Minutes of May 13, 2014

3. New Private Event Requests

4. Discussion of Bayside Park development

5. Update on Summer Programs and Events

6. Review Town of Ocean City Equipment and Labor guidelines
7. Other Business

8. Adjournment

Susan/Word/Rec & Parks Commission Meeting Agenda 7-15-2014


6. CONSENT AGENDA

A. Private Event Approval Request for MOOD Bay-to-the-
Beach Charity Drive September 6, 2014

TOWN OF
The White Marlin Capital of the World

TO: The Honorable Mayor, Council President and Members of Council
THRU: David L. Recor, ICMA-CM, City Manager
FROM: Lisa Mitchell, Private Events Coordinator
RE: MOOD Annual Bay-to-the-Beach Charity Drive
DATE: July 1, 2014

ISSUE(S): Request approval of the MOOD Annual Bay-to-the-beach Charity
Drive on Saturday, September 14, 2014 from 5-6pm.

SUMMARY: Beginning at 27
th
Street, approximately 75 Mazda Miata vehicles
will parade down the Boardwalk and exit at North Division Street.

FISCAL IMPACT: Potential economic impact from lodging, food and beverage,
recreation and other incidental expenditures.

RECOMMENDATION: Approve event as presented.

ALTERNATIVES: No staff alternatives suggested.

RESPONSIBLE STAFF: Lisa Mitchell, Private Event Coordinator

COORDINATED WITH: All appropriate departmental staff has reviewed, and the event
has been coordinated with the OCPD.

ATTACHMENT(S): 1) September 2014 Calendar
2) Application
3) Cover Sheet

Agenda Item # 6A
Council Meeting July 7, 2014

Sun Mon Tue Wed Thu Fri Sat
1
PE Tall Ships
PE OC Sandfest
2
PE Tall Ships
3 4 5 6
PE Miata Parade -
TENTATIVE
7 8 9 10 11
PE 911/Parade of
Brothers
PE BikeFest
12
PE BikeFest
13
PE BikeFest
14
PE BikeFest
15 16 17 18
Sunfest
PE Sunfest Kite
Fest
19
Sunfest
PE Sunfest Kite
Fest
20
Sunfest
PE Sunfest Kite
Fest
21
Sunfest
PE Sunfest Kite
Fest
PE OC Cruzers
22 23 24 25 26
PE - Winefest on the
Beach
27
Beach
PE Pigs on the
Beach
PE Walk Out Of
Darkness -
TENTATIVE
28 29 30

2014
September
Ocean City Special Events Private Events

Name of Event: MOOD Bay to Beach Charity Drive New Event: No
Date of Event: Saturday, September 14, 2014
Date Application Received: March 25, 2014 Application Fee Paid: Yes/$25.00
Date Returned from All Departments: May 6, 2014 Total Cost to Town: No foreseeable costs

Things to Note:
This event would be a parade of Mazda Miatas on the Boardwalk.
The event participants would assemble at 27
th
Street and proceed along the Boardwalk, exiting at the North
Division Street.
The event would line-up beginning at 4:30 pm.
The event would take place from 5-6 pm.
The event expects to have no more than 75 cars participate.
The applicant requests police assistance entering and departing the Boardwalk as well as a police escort
along the Boardwalk.

Comments from Department Representatives:
OCPD Assign on-duty officers to 27
th
Street and Baltimore Avenue and possibly North Division Street to
facilitate the event. Minimal cost to the department. Should be able to be accomplished with on-duty
personnel. On-duty officer costs approximately $200.00.
RISK MANAGEMENT Event participants must have current insurance on their vehicles.
PUBLIC WORKS, OCBP, FIRE MARSHAL, EMERGENCY SERVICES, OCCC, TOURISM,
TRANSPORTATION, and REC & PARKS No comments, concerns or costs.

Date on Council Agenda: July 7, 2014
Event Approved or Denied:
Other:


6. CONSENT AGENDA

B. Private Event Approval Request for Walk Out of
Darkness September 27, 2014

TOWN OF
The White Marlin Capital of the

RE: Out of the Darkness Community Walk
DATE: July 1, 2014

ISSUE(S): Request approval to hold the Out of the Darkness Community
Walk on Saturday, September 27, 2014 from 9:30 am until 1:00
pm.

SUMMARY: The walk, which is held in partnership with the County Health
Department and the American Foundation for Suicide Prevention,
raises awareness about suicide prevention. The walk itself takes
place on the Boardwalk from Caroline Street to 10
th
Street, then
back. There is also 8-10 healthcare exhibitors at 4 Caroline
Street.

FISCAL IMPACT: Potential positive economic impact from lodging, food and
beverage, recreation and other incidental expenditures related to
this event.

RECOMMENDATION: Approve event.

ALTERNATIVES: No staff alternatives suggested

RESPONSIBLE STAFF:

Lisa Mitchell, Private Event Coordinator
COORDINATED WITH: All appropriate departmental staff has reviewed and the event
has been coordinated appropriately.

ATTACHMENT(S): 1) September 2014 Calendar
2) Cover Sheet
3) Private Event Application
4) Private Event Layout

Agenda Item # 6B

1
PE Tall Ships
PE OC Sandfest
2
PE Tall Ships
3 4 5 6
PE Miata Parade -
TENTATIVE
7 8 9 10 11
PE 911/Parade of
Brothers
PE BikeFest
12
PE BikeFest
13
PE BikeFest
14
PE BikeFest
15 16 17 18
Sunfest
PE Sunfest Kite
Fest
19
Sunfest
PE Sunfest Kite
Fest
20
Sunfest
PE Sunfest Kite
Fest
21
Sunfest
PE Sunfest Kite
Fest
PE OC Cruzers
22 23 24 25 26
Beach
27
Beach
PE Pigs on the
Beach
PE Walk Out Of
Darkness -
TENTATIVE
28 29 30

2014
September
Ocean City Private Events

Name of Event: Out of the Darkness Community Walk New Event: No
Date of Event: Saturday, September 27, 2014
Date Application Received: March 17, 2014 Application Fee Paid: Yes
Date Returned from All Departments: May 6, 2014 Total Cost to Town: No foreseeable costs

Things to Note:
This event would consist of a walk in partnership among the applicant group, the County Health Department and the
American Foundation for Suicide Prevention. It would be a solemn walk of suicide prevention activists.
Set-up would be on Saturday, September 28, 2013 from 7:30 am until 9 am.
Event would take place from 9 am until 12-noon.
Breakdown would take place from 12-noon until 1 pm.
Participants would check in at 4 Caroline Street. They would then walk to 10
th
Street on the Boardwalk, then return.
There would be exhibits on the Health Department Lot.
Event organizer would like to distribute free mental health and suicide prevention information.
Event organizer would like to give away door prizes. There would be no raffles or auctions.
Expected number of participants is between 200-250.
Sponsor of this event would be the Jesse Klump Memorial Fund, Inc., Worcester County Health Dept., Atlantic
General Hospital and American Foundation for Suicide Prevention.

RISK MANAGEMENT Insurance certificate must be submitted prior to the event.
OCPD Notify the affected shifts of the event.
OCBP, OCCC, EMERGENCY SERVICES, TOURISM, FIRE MARSHAL, TRANSPORTATION, PUBLIC
WORKS, REC & PARKS No Concerns or comments.

Event Approved of Denied:
Other:


6. CONSENT AGENDA

C. 3-Year Private Event Approval Request for Maryland
State Bar Association Sun Run June 17, 2016

TOWN OF

RE: Maryland State Bar Association Sun Run
DATE: July 1, 2014

ISSUE(S): Request continuation of the 3-year event approval to include
Friday, June 17, 2016

SUMMARY: This is a 5K and 10K running race to promote the Young
Lawyers section of the Maryland State Bar Association. It takes
place completely within the Montego Bay community, 130
th

Street and the Bay, from 7:00am until 9:00 am.

beverage, recreation and other incidental expenditures.

RECOMMENDATION: Approve as presented.


RESPONSIBLE STAFF: Lisa Mitchell, Private Events Coordinator

has been coordinated with OCPD.

ATTACHMENT(S): 1) June 2016 calendar
2) Cover Sheet
3) Montego Bay Map

Agenda Item # 6C

1 2 3 4
5 6 7 8 9 10
PE Longboard
Challenge
11
PE Longboard
Challenge
12
PE Longboard
Challenge
13 14 15 16 17
PE Lawyer Sun Run
- TENTATIVE
18
19 20 21
PE Firemen Pipe &
Drums
22
PE Firemens
Parade
23 24 25
26 27 28 29 30

2016
June
Ocean City Private Events 3-Year Approval

Name of Event: Maryland State Bar Association Sun Run
Date of Event: Requesting event approval for June 17, 2016
Cost to the Town of Ocean City to support this event: Minimal

Things to Note:
The Maryland State Bar Association, Inc. was granted a 3-year event approval for the Sun Run event, and would like
to continue this provision, requesting Council approve this event for the date of June 17, 2016.
This event is both a 5K and 10K running race within the Montego Bay neighborhood.
All appropriate documents have been supplied and fees have been invoiced.

OCPD Will notify the shift and request they assign appropriate police personnel to staff the event. Officers will
work regular duty hours, no overtime. Costs will be minimal; seasonal employees will monitor this event for one (1)
to two (2) hours at the most.
RISK MANAGEMENT Insurance Certificate to be submitted prior to the event.
BEACH PATROL, PUBLIC WORKS, FIRE MARSHAL, OCCC, TOURISM, EMERGENCY SERVICES,
TRANSPORTATION and REC & PARKS No comments or concerns.

Council Ruling: ________________________________________________
Other: ________________________________________________________


6. CONSENT AGENDA

D. 3-Year Private Event Approval Request for AGH Penguin
Swim January 1, 2017

TOWN OF

RE: Atlantic General Hospital Penguin Swim
DATE: June 1, 2014

ISSUE(S): Request continuation of the 3-year event approval to include
January 1, 2017.

SUMMARY: Annual fundraising event where hundreds of participants jump
into the Atlantic Ocean in front of the Princess Royale at 91
st

Street in support of Atlantic General Hospital. Just as last year,
there will be a miniature trick pony, and, new for this year, there
will be an ice sculpture.

beverage, recreation and other incidental expenditures.

RECOMMENDATION: Approve as presented.


RESPONSIBLE STAFF: Lisa Mitchell, Private Events Coordinator

has been coordinated with Public Works and Beach Patrol.

ATTACHMENT(S): 1) August 2017 Calendar
2) Cover Sheet

Agenda Item # 6D

1
PE Penguin Swim -
TENTATIVE
2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31

2017
January
Ocean City Private Events 3-Year Approval

Name of Event: Penguin Swim
Date of Event: Requesting event approval for January 1, 2017
Cost to the Town of Ocean City to support this event: $1,036.00

Things to Note:
Laura Stearns, for the Atlantic General Hospital Foundation, would like to continue the 3-year event approval, and
requests Council approve the Penguin Swim for January 1, 2017.
All appropriate documents have been supplied and fees paid.

OCPD Will assign officers from shift to 94
th
Street to assist with traffic control and to oversee the event.
Public Works Will install banners, sanitize beach in the event area, place trash cans on the beach at event site, and
install alcohol restriction signs. All equipment will be removed and returned to storage after the event. Estimated cost
to the department is $1,036.00.
Risk Insurance Certificate to be submitted prior to the event.
OCBP Many participants have been drinking prior to the event. Concern that the cold water and/or the intoxication
may lead to a distressed swimmer. We just need to be aware. This is a good event and the Beach Patrol will be at the
event to both monitor and participate, as we have since 2001. The past few years the OCFD Dive Team has also been
at the event. Captain will sponsor a Beach Patrol team again this year.
Fire Marshal Will provide an on-duty medic unit, if available.
Rec. & Parks, Transportation, Emergency Services, OCCC, Tourism No comments

Council Ruling: ________________________________________________
Other: ________________________________________________________


6. CONSENT AGENDA

E. Request to Approve Sole Source Purchase of GlideScope

25166

TOWN OF

FROM: Chris Shaffer, Assistant Fire Chief
RE: Sole Source Purchase of GlideScope
DATE: June 20, 2014

ISSUE(S): Purchase a GlideScope AVL Cobalt System for difficult intubations

SUMMARY: The Ocean City Fire Department requests approval to sole source
purchase a GlideScope AVL Cobalt System for video laryngoscopy.
This piece of equipment is used for difficult intubation and crashed
airway insertion.

FISCAL IMPACT: None. The total cost of $14,132.76 will be reimbursed by the
Ocean City Paramedic Foundation.

RECOMMENDATION: Approve sole purchase purchase.

ALTERNATIVES: Do not purchase.

RESPONSIBLE STAFF:

Chris Larmore, Fire Chief
Chris Shaffer, Assistant Fire Chief

COORDINATED WITH: David Recor, ICMA-CM, City Manager

ATTACHMENT(S): 1) Glide Scope AVL proposal
2) Sole Source letter from Verathon Medical

Agenda Item # 6E
GlideScope AVL Proposal
To: Town of Ocean City-Fire Dept Quote #: Quote 1
Chris Shaffer Expiration Date: 6/30/2014
Payment Terms: NET 30 Days
Please Fax Purchase Order to: 866-844-1091
Shipping Method: FedEx Ground
Attention to: Ryan Ferrell
Please Call: 443-977-7739 with any Questions
Email: ryan.ferrell@verathon.com
Qty Item # Unit Price Line Total
1 0270-0656 13,411.00 $ 13,411.00 $
1 0270-0681 336.00 $ 336.00 $
1
0270-0626 142.88 $
142.88 $
1
0270-0628 142.88 $
142.88 $
Subtotal 14,032.76 $
Shipping & Handling 100.00 $
Total 14,132.76 $
GlideScope AVL Cobalt System - Mobile Stand Setup
Portable Monitor, Cobalt 3-4 Video Baton - Includes Standard First
Year Warranty, Operation & Service Manual & In-Service Training
Description
CORPORATE HEADQUARTERS VERATHON MEDICAL
Stylet Guide (Pre-Shaped), Qty. 10 per pack
www.verathon.com
GVL 3 Stat, Box, Qty. 10, Cobalt / Ranger
GVL 4 Stat, Box, Qty. 10, Cobalt / Ranger


6. CONSENT AGENDA

F. Request for Approval to Solicit Bids for Citywide
Generator Maintenance Contract

TOWN OF

FROM: Kevin Koval Facilities Manager
RE: Acceptance of Sealed Bids for Maintenance of Standby Generator Systems
DATE: June 25, 2014

ISSUE(S): Sealed Bids for maintenance of standby generator systems

SUMMARY: Request permission from the Mayor & City Council to receive and
open bids during the July 29, 2014, work session. The proposed
maintenance contract is required to ensure the Towns standby
generators provide emergency power to critical systems during
unanticipated power outages.

Previous citywide generator maintenance contracts were based on
a one-year term. The new contract is based on a three-year term.
The longer term may improve service quality, reduce unit
maintenance costs and provide accurate budgetary numbers for
FY16 and FY17 planning.

The FY14 generator contract was awarded to Kelly Generator in
the amount of $27,790 for one year and was based on the
maintenance of twenty-eight generators. The new generator
contract is based on the maintenance of thirty six generators with
the Town reserving the right to remove any unit from the contract
inventory.

FISCAL IMPACT: Standby generator maintenance costs are paid annually and
accounted for in applicable departmental budgets.

RECOMMENDATION: Approve request to solicit bids.

ALTERNATIVES: None

RESPONSIBLE STAFF:

Kevin Koval, Facilities Manager
COORDINATED WITH: Hal Adkins, Director of Public Works

ATTACHMENT(S): Exhibit A Standby Generator Inventory

Agenda Item # 6F
EXHIBIT " A"
STANDBY GENERATOR INVENTORY - TOWN OF OCEAN CITY
19-J UN-2014
Department Reference # Equipment # Location Mfg/Model/ Serial Number Amps/KW/Volts Fuel Type
Airport
1181 2600
Airport
12724 Airport Rd
2007 Cummins
150DGFA-5781659
SN L060999663
600A 150KW 120/240V
1-PHASE
Diesel
1168 2634
Airport Localizer
12724 Airport Rd
2007 Generac
OE9469 SN 8076248
82A 10KW 12O/240V
1-PHASE
Propane
Convention Center
1039 1642
Convention Center
4001 Coastal Highway
1996 Caterpillar
3412
SN 2WJ 01021
750KW 277/480V
3-PHASE
Diesel
Fire Department
1099D 517
Fire Station #1
1409 Philadelphia Ave
1990 Cummins
6BTS-962
SN 21620
308A 100KW 120/240V
1-PHASE
Diesel
1155 1550
Fire Station #2
102 Dorchester Street
1985 Onan
15-OJ C-3R/12126AB
SN C830651448
62.5A 15KW 120/240V
1-PHASE
Propane
1099F 519
Fire Station #3
7401 Coastal Hwy
1999 Onan
15-OJ C-3R/12126AB
SN J 830679721
62.5A 15KW 120/240V
1-PHASE
Propane
3024 915
Fire Station #3 (Alt. Genset)
2007 Katolight
NL50FGG4
SN 148905-0707
50KW 120/240V
1-PHASE
Propane
TBD-A TBD-A
Fire Station #4
12925 Coastal Hwy
2014 Kohler
150REOZJ F
SN TBD
534A 154 KW 120/208V
3-PHASE
Diesel
Emergency Mgmt.
1027 2071
Radio Tower- 65th St.
203A 66th Street
2002 Cummins
DGCB - 5005835
SN L010311602
250A 60 KW 120/240V
1-PHASE
Diesel
1000 2795
Radio Tower- Ocean Pines
Race Track Rd. & Rt. 90
1996 Aggreko
5358
SN 3164-24
150A 100KW 460/480V
3-PHASE
Diesel
957 2495
Radio/Network Bldg-
(Worcester St.)
601A S. Philadelphia Ave
2005 Cummins
35DGBB
SN I050826712
145.8A 35KW 120/240V
1-PHASE
Diesel
956 2494
Radio/ Network Bldg-
(Gorman Ave.)
202A 136
th
Street
2005 Cummins
35DGBB
SN I050826711
145.8A 35KW 120/240V
1-PHASE
Diesel
TBD-B TBD-B
OC-1 Genset 1
Mobile Command Vehicle
2005 Cummins Onan
12HDKCD-2209B
SN I050834340
50A 12KW 120/240V
1-PHASE
Diesel
TBD-C TBD-C
OC-1 Genset 2
Mobile Command Vehicle
2005 Cummins Onan
12HDKCD-2209B
SN I050836478
50A 12KW 120/240V
1-PHASE
Diesel
Parks & Recreation
147 2276
Northside Park
200 125th Street
1981 Marathon
502FDR8048GGP282W
SN LG95920
1076/538A 310KW
208/416V 3-PHASE
Diesel
Police Services
1087 1428
Public Safety Building
6501 Coastal Hwy
1993 Kohler
572RSL40278P-175
SN Z83990422
1200A 560KW 277/480V
3-PHASE
Diesel
Public Works
1157 2395
City Hall
301 Baltimore Avenue
2006 Cummins
35DGBB
SN B050746587
125A 35KW 120/240V
1-PHASE
Diesel
1086 2738
PW Admin & Shops
204 65th Street, Bldg E
2008 Caterpillar
D100-6S
CAT88C44L-D4B00932
400A 100KW 120/240V
1 PHASE
Diesel
Service Center
1098 510
Service Ctr. & Fuel Depot
204 65th Street, Bldg A
1994 Onan
OTZV800C5746
SN I880159849
800A 175KW 120/208V
3-PHASE
Diesel
I-1
EXHIBIT " A"
STANDBY GENERATOR INVENTORY - TOWN OF OCEAN CITY
19-J UN-2014
Department Reference # Equipment # Location Mfg/Model/ Serial Number Amps/KW/Volts Fuel Type
Water
1143 1731
Pump Station- 100
th
St.
105 100th Street
1999 Magnetek
125RL
SN BT03J 336
438/376/188A 125KW
208/240/480V
3-PHASE
Propane
1097 1488
Water Plant- 15th Street
1400 St. Louis Ave.
1994 Cummins
1500DFMB
SN D940540212
2255A 1500KW 277/480V
3-PHASE
Diesel
1036 2072
Water Plant- 44th Street
103 44th Street
2001 Generac
1640390200
SN 2063885
195A 130KW 277/480V
3-PHASE
Diesel
1099H 521
Water Plant- Gorman Ave
201 137
th
Street
1990 Caterpillar
3412TA
SN 8128253
1250A 600KW 277/480V
3-PHASE
Diesel
1099E 511
Well Field- South
101 Worcester Street
1990 Cummins
MCD300-3
SN 042385208
451A 300KW 277/480V
3-PHASE
Diesel
TBD-D TBD-D
Well House- 38th Street
2014 Kohler
100REOZJ F
SN-TBD
150A 100KW 277/480V
3-PHASE
Diesel
410 3181
Well House- 51
st
Street
2014 Kohler
100REOZJ F
SGM3299HM
150A 100KW 277/480V
3-PHASE
Diesel
Wastewater
1100 2396
Pump Station #1
100 St. Louis Ave
(2nd Street)
2001 Cummins
DGFC4488627
SN I000155180
300.7A 200 KW 277/480V
3-PHASE
Diesel
1112 2982
Pump Station #4
607 32
nd
Street
2011 Cummins
DSKAB7771835
SN H110238811
65A 25KW 208V
3-PHASE
Diesel
1051 2828
Pump Station #5
503 Arctic Ave
2009 Onan
DSFAA - 7786787
SN-DO90240788
200A 35kW 120/240V
3- PHASE
Diesel
3100 192
Pump Station #6
199 Old Landing Rd
2013 Kohler
30REOZJ C
SN-SGM324PGH
35kW 120/240V
3- PHASE 4 Wire
Diesel
1040 2798
Pump Station #7
101 J amestown Road
2008 Cummins
80DSFAE
SN C080164458
80 KW 120/240 V
3-PHASE
Diesel
939 2513
Pump Station #8
13004 Sinepuxent Ave
(Montego Bay)
2006 Detroit Diesel
300DSEB
SN 2085750
451A 300KW 277/480V
3-PHASE
Diesel
TBD-E TBD-E
Pump Station #9
14106 Dukes Avenue
2014 Kohler
60REOZJ D
SGM329HRN
180A 60kW 120/240V
3-PHASE
Diesel
417 3187
Pump Station #12
5 Sunset Island Drive
2003 Kohler
40REOZIB
0755206
139A 40KW 120/208V
3-PHASE
Diesel
1088 2434
Sec.1 (South)
Wastewater Treatment Plant
6405 Seabay Drive
2004 Cummins
DFLE5673064
SN G040665300
2255A 1500KW 277/480V
3-PHASE
Diesel
1092 2435
Sec.2 (North)
Wastewater Treatment Plant
6405 Seabay Drive
2004 Cummins
DFLE5673064
SN G040665299
2255A 1500KW 277/480V
3-PHASE
Diesel
I-2


9 ITEMS REFERRED TO AND PRESENTATIONS FROM
THE CITY MANAGER AND STAFF

A. Request for Approval to Purchase Beach Play Structure
presented by Recreation and Parks Director

TOWN OF

FROM: Susan Petito, Director of Recreation and Parks
RE: Request for approval to purchase beach play structure
DATE: July 1, 2014

ISSUE(S): Purchase beach play structure

SUMMARY: As part of the Towns Strategic Plan, the evaluation and
recommendation of play equipment for the beach was identified as a
High Management priority. Factors to be considered in the evaluation
included Playground Safety compliancy, practicality of installation and
removal from the beach, expected use, misuse practices, liability
exposure and more.

An opportunity to purchase a dinosaur play structure that meets all of
the requirements mandated by Public Works, Risk Management,
Engineering and Parks has presented itself. The individual structures
are made of PolyFiberCrete and weigh from 1,325 lbs. to 2,750 lbs.
The play structures are available to the Town for purchase at half the
list price and can be delivered this summer. Placement of the
structure seems most ideal at 3
rd
street on the beach near the
wooden walkway. Placement coordination efforts will be continued
with appropriate departments if purchase is approved.

The boardwalk property owners, who previously financed the wooden
beach toys, have been contacted about contributing funding to
support this structures purchase, with the understanding that there
is only one structure and that it will be placed in only one location.
Some positive feedback and interest has been received; however, no
identifiable contribution has been offered at the time of this writing.

FISCAL IMPACT: $16,480 for three (3) dinosaur climbing sections (head, ribs, tail) and
three (3) climbing eggs with free delivery; some maintenance
expenses are expected.

RECOMMENDATION: Authorize purchase, delivery and placement.

ALTERNATIVES: Decline opportunity and continue to evaluate other play structures.

RESPONSIBLE STAFF: Susan Petito, Recreation and Parks Director
Calvin Ginnavan, Parks Superintendent

Agenda Item # 9A
COORDINATED WITH: Hal Adkins, Public Works Director
John VanFossen, Public Works Deputy Director
Terry McGean, City Engineer
Eric Lagstrom, Risk Manager

ATTACHMENT(S): 1) Playground Specialists Proposal
2) Photos

Proposal
Proposal No.
11071A
Date
07/01/2014
Exp. Date
Address
TOWN OF OCEAN CITY
SUSAN PETITO
CITY HALL
3RD & BALTIMORE AVENUE
OCEAN CITY, MD 21843
Ship To
BOARDWALK AREA
SALES REP
JEFF BARBER
Service Activity Quantity Rate Amount
BOULDERS COMPLETE SET OF T-REX DINO BONES AND 3 EGGS. ALL SEALED 1 32,960.00 -9,999,999,932,960.00T
CONCRETE CONSTRUCTION. -9,999,999,999,999.00
FREIGHT FREIGHT CHARGES FOR ALL 6 BOULDER PIECES 1 2,500.00 -9,999,999,992,500.00
DISCOUNT DISCOUNT FOR ALL BOULDERS THAT ARE IN STOCK ON MY FARM. -1 16,480.00 99,999,999,-16,480.00T
PICTURES PROVIDED TO SUSAN PRIOR TO QUOTE. THESE HAVE -9,999,999,999,999.00
BEEN STORED OUTSIDE BUT NEVER INSTALLED IN A PARK. -9,999,999,999,999.00
DISCOUNT DISCOUNT ON FREIGHT CHARGES. I WILL BRING THEM DOWN -1 2,500.00 99,999,999,9-2,500.00T
WITH ME WHEN I COME TO BEACH HOUSE FREE OF CHARGE TO -9,999,999,999,999.00
OCEAN CITY. TOWN RESPONSIBLE FOR UNLOADING AND PLACING. -9,999,999,999,999.00
PAYMENT UPON DELI VERY SubTotal $16,480.00
Tax (0%) $0.00
Total $16,480.00
Accepted By Accepted Date
Fax # 301-271-9239 Jeff Barber President/CPSI



B. Consideration to Convey Ownership of Town Right-of-
Way at 61
st
Street presented by City Engineer

TOWN OF

FROM: Terence J. McGean, PE, City Engineer
RE: Request to close and sell City Right of Way
DATE: July 2, 2014

ISSUE(S): Request to close and convey a portion of Seabay Dr. north of 61
st

St. and request to convey a portion of land along the west side of
the Tennis Center property.

SUMMARY: The developer of the old OC Health and Racquet property is
interested in acquiring a portion of the Seabay Drive Right-of-
Way between 61
st
Street and the State Highway Rt 90 Right-of-
Way along with an adjacent 20 strip of land at the tennis center.

FISCAL IMPACT: To be determined.

RECOMMENDATION: Staff has no objection to the closure and sale with the following
comments:
1) Developer provides an access easement to the city over the 8
landscape buffer for occasional maintenance of the tennis courts
and a potential future well site.
2) Improvements to 61
st
Street as shown and potential shared
use of the parking spaces with the tennis center be part of the
future sale negotiations.
2) The next steps will be to have the property appraised at the
developers expense and conduct a public hearing.

ALTERNATIVES: Do not pursue the closure/sale

RESPONSIBLE STAFF:

Terence McGean, City Engineer
Susan Petito, Recreation and Parks Director

ATTACHMENT(S): 1) Request for Closure/Conveyance
2) City Policy for transferring property

Agenda Item # 9B

TOWN OF OCEAN CITY
OCEAN CITY, MARYLAND

POLICY AND PROCEDURE MANUAL

SECTION: Property Management
PPM 700-1 SUBJECT: Sale of Real Property
_______________________________________________________________

In accordance with the Ocean City Charter C-414 Powers of Council Enumerated, The
Council shall have, in addition, the power to pass ordinances not contrary to the laws
and Constitution of this State, for the following purposes:
. . .

(49) Property To acquire by conveyances, purchase or gift, real or leasable property
for any public purposes; to erect buildings and structures thereon for the benefit of the
town and its inhabitants; and to convey any real or leasehold property when no longer
needed for public use, after having given at least twenty (20) days public notice of the
proposed conveyance; to control, protect and maintain public buildings, grounds and
property of the town.

Based upon this charge, the following policy is hereby adopted with regard to disposal
of municipal property.

1. When the Council decides that property no longer serves a public purpose it shall
cause a public hearing to be scheduled with a 20-day notification period. If an
individual, or other legal entity, wishes to purchase public property that is
believed to no longer serve a public purpose, they may appear before the
Council for a determination on whether to proceed to a public hearing on the
specific property. If the request is initiated from an individual or other legal entity,
that individual or entity shall pay the cost of advertising for the public hearing
notice.

2. Once the public hearing is completed, the Mayor and Council will cause an
appraisal to be done of the property. The cost of the appraisal will be borne by
the Town if the proposed sale was initiated by the Town or by the proposed
buyer if initiated by them.

3. Upon receipt of the appraisal, the Mayor and Council will review the appraisal
and either negotiate the price, terms and conditions with the proposed buyer or
put the property out for public bid or public auction.

Date: 9/24/02 Page 1 of 2

4. If the property is put out for bid or auction, a notice shall be placed in the paper of
record notifying interested parties of the property offer. Bids shall be submitted in
a sealed bid format to the City Managers office by noon of the day due.

5. The Mayor and City Council shall open bids at their work session. The Town
reserves the right to reject any and all bids.

6. If a determination is made to accept the high bid, the Council shall direct the City
Solicitor to draft the appropriate ordinance allowing the conveyance of the
property.

7. Settlement shall occur no later than 90 days after the passage of the ordinance.

Date: 9/24/2002 Page 2 of 2



C. Request for Approval of Ocean City Brewery
Conditional Use Amendment presented by Planning and
Community Development Director

TOWN OF

FROM: Kay Stroud, Zoning Analyst
RE: Proposed Amendments to Existing Conditional Use Agreement Ocean City
Brewing Company, 5509 Coastal Highway
DATE: June 27, 2014

ISSUE(S): Request to Amend Conditional Use Agreement Conditions #5
to erect a grain silo on the exterior of the building; and #8 to
allow canning/bottling of beer on the interior of the brewery
operation.

SUMMARY: Hugh Cropper, IV, Attorney for the Ocean City Brewing Company,
requested that the Mayor and City Council review the application
to amend the conditions of an existing Conditional Use
Agreement.

The Planning and Zoning Commission, after the public hearing on
June 3, 2014, favorably recommended forwarding this request to
the Mayor and City Council.

The Commission recommends these amended conditions to create
a safer environment for the brewing operation, lessening truck
traffic for grain deliveries, the amount of dust, potential spillover,
and other nuisance factors to the neighborhood; and to brand the
product by using a small, portable canning/bottling operation
located entirely within the interior of the brewery operation.

The Commission further recommends approving these two
amendments for one (1) year subject to Commission follow-up.

FISCAL IMPACT: None

RECOMMENDATION: To approve proposed amendments.

ALTERNATIVES: Further amendments or denial of request.

RESPONSIBLE STAFF:

R. Blaine Smith, Assistant Director, Planning & Zoning
Kay Stroud, Zoning Analyst

COORDINATED WITH: Matthew Margotta, AICP, Planning & Community Development
Director

ATTACHMENT(S): 1) Letter of recommendation
2) Transcript
3) Scanned Exhibits for Public Hearing

Agenda Item # 9C

Reply to: Planning and Zoning Commission
P.O. Box 158
Ocean City, MD 21843
410-289-8855

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

J une 27, 2014

Hugh Cropper IV, Attorney for
Ocean City Brewing Company
P O Box 535
Ocean City MD 21843

Dear Mr. Cropper:

Re: Pursuant to the provisions of Article II, Section 5, Conditional Uses, a
request has been filed under the provisions of Section 110-514, Uses permitted
by Conditional Use in the LC-1, Local Commercial District, to amend and/or alter
an existing Conditional Use permit (#13-16100001) to allow 1) bottling and canning
to be added to the interior of the brewery section of the premises, and 2) to erect a silo
on the exterior of the premises, approximately 10 feet in diameter and 31 feet in height.
The site of the request is described as an unnumbered lot of the Isle of Wight Plat,
further described as located on the west side of Coastal Highway and on the south side
of 56
th
Street, and known locally as 5509 Coastal Highway, in the Town of Ocean City,
Maryland. (FILE 14-16100001)

On Tuesday, J une 3, 2014, the Planning and Zoning Commission of Ocean City,
Maryland conducted a public hearing to consider the above referenced request to
amend an existing Conditional Use permit. The Commission considered all testimony
and exhibits and voted (5-1) to send the Mayor and City Council a favorable
recommendation to amend/modify these specific conditions of the Conditional Use
agreement as follows:

1) Condition #5 Grain Storage must be inside the building.
The Planning Commission recommends the silo for bulk grain storage to
be located outside the building on the southern side as indicated on the
site plan. The silo would be contained with concealed augers and would
reduce truck traffic for grain deliveries, the amount of dust, potential
spillover, and other nuisance factors to the neighborhood.

P O Box 535
Ocean City MD 21843
Page Two

2) Condition #8 No canning of beer or wine; only kegged beer.
The incidental bottling/canning operation of beer produced on-premise
would brand the product. The Planning Commission acknowledged that
the canning/bottling operation would be portable, small in scale, and
located on the interior of the brewery operation.

3) The Planning Commission recommends a one (1) year approval of these
amended conditions subject to Planning Commission follow-up.

By copy of this letter, the Mayor and City Council will be notified of the
Commissions recommendation. You are now scheduled to appear before a regular
session of the Mayor and City Council at 6 PM on Monday, J uly 7, 2014, in the Council
Chambers of City Hall located at 3
rd
Street and Baltimore Avenue in the Town of Ocean
City, Maryland. Please be advised that the Council will make their decision at that time.

If we may be of any assistance to you in the meantime, please contact the office
of Planning and Community Development at 410-289-8855.

Sincerely,
Planning and Zoning Commission

J ohn Staley
Vice-Chairperson

cc: Mayor and City Council
David Recor, City Manager
Guy R. Ayres, III, City Solicitor
All Planning Commission Members
William E. Esham, III, Attorney for Commission
Matt Margotta, Director of Planning & Community Development
Applicant J oshua Shores, 1400 Chicago Avenue, Unit 1, Ocean City MD 21842
J ohn Seipp, Attorney for the Maresol Condominium
J ames W. Deitrick, 105-56
th
Street, #402, Ocean City MD 21842 & 11943
Hampstead Green, Ellicott City MD
Lane Robert Hubbard, 105-56
th
Street, #306, Ocean City MD 21842 & 10 Havenfield
Drive, Baltimore MD 21234
Chris Demopoulos, 105-56
th
Street, #408, Ocean City MD 21842 & 6801
Capri Place, Bethesda MD
Richard Holland, 8625 Circle Road, Berlin MD 21811

P O Box 535
Ocean City MD 21843
Page Three

J oy Davis, 5405 Coastal Highway, #501, Ocean City, MD 21842 & 1235
Lakewood Drive, Wilmington DE 19803
J oanne Karambellas, 5405 Coastal Highway, #505 & 18520 Clovercrest Circle,
Olney MD 20832
Malcolm Van Kirk, Managing Partner Best Western of Ocean City, 5501 Coastal
Highway, Ocean City MD 21842
Stephen OToole, 5405 Coastal Highway, #309, Ocean City MD 21842 & 1639
Sadlers Wells Drive, Herndon VA
File #14-16100001
Correspondence 14

PLANNING AND ZONING COMMISSION

Hugh Cropper, IV, Attorney for Ocean City Brewing Co. FILE #14-16100001
Public Hearing - Conditional Use Amendment Request

June 3, 2014

PRESENT IN ATTENDANCE
J ohn Staley Blaine Smith
Peck Miller Kay Stroud
Lauren Taylor Matt Margotta
Palmer Gillis Bob Nelson
J oel Brous Will Esham, Attorney
Chris Shanahan

This meeting of the Planning and Zoning Commission was held on Tuesday, J une
3, 2014, in the City Hall Council Chambers located on Baltimore Avenue and 3
rd
Street,
Ocean City, Maryland. J ohn Staley, Commission Secretary, called the meeting to order.

STALEY: The next item on the agenda is the public hearing, and before the hearing, I
have got to read this to the audience. Prior to each hearing, the chairman shall read the
following statement: Any person in attendance may object to a commission member
taking part in this public hearing due to a conflict of interest. The commission, excluding
the person in question, shall decide by a majority vote, whether the challenged person
may take part. Is there anyone in the audience that objects to any of the commission
hearing? Seeing none. Blaine? Oh wait a minute, let me read this. Pursuant to the
provisions of Article II, Section 5, Conditional Uses, a request has been filed under the
provisions of Section 110-514, Uses permitted by Conditional Use in the LC-1, Local
Commercial District, to amend and/or alter an existing Conditional Use permit #13-
16100001 to allow 1) bottling and canning be added to the interior of the brewery
section of the premises; and 2) to erect a silo on the exterior premises, approximately
10 in diameter, and 31 in height. The site of this request is described as an
unnumbered lot of the Isle of Wight Plat, further described as located on the west side of
Coastal Highway and on the south side of 56
th
Street and known locally as 5509 Coastal
Highway, in the Town of Ocean City, Maryland. The applicant Hugh Cropper, attorney
for Ocean City Brewing Company, File #14-16100001. Blaine.

ESHAM: Under the penalties of perjury do you hereby swear to tell the truth and nothing
but the truth?

SMITH: The Ocean City Brewing Company has been granted a Conditional Use by the
Mayor and City Council and in fact they signed the Conditional Use agreement accepting
the Conditional Use on February 14
th
, the year 2014. There were certain conditions that
were stipulated by the Mayor and City Council. Two of these conditions one of which
is item #8 the Mayor and Council conditioned that no canning of beer or wine and only
kegged beer can be produced at the premise. They prohibited canning and bottling of
beer at the facility that was a prohibition from the Conditional Use. The other condition
was that the grain, which was item 5 that the grain storage must be inside the building.
The request tonight is to amend those conditions or modify those conditions and allow
1
canning of beer or bottling of beer inside the building. What you see on your site plan
drawing, well Im not sure you can tell from the site plan, but theyre showing a small
device to do the bottling and canning that would be at the overhead door entrance to the
facility on the west end which would be inside, and then theres also the beer in the
building would be stored for the bottling of the beer, before its shipped from the
property. On the drawings, which is on the site plan, and its near the west end of the
building to the right of that overhead door they have proposed again to, at that location,
for a grain storage bin to be placed outdoors, which is not allowed by the Conditional
Use as accepted. So theyve made the request that you all hold this meeting and get
testimony and make another recommendation to the Mayor and Council on this request
to allow the canning and bottling of the beer, and to allow the storage bin to be outdoors.
The zoning code requires that once a Conditional Use is granted, that any amendment
to the conditions of approval have to go back through the process, to hold a hearing and
allow testimony both by the applicant and anyone else thats concerned about the
effects, and again you will deliberate on that request and make a recommendation back
to the Mayor and Council on these two amendments to the conditional use approval.
Thats the basic purpose of the meeting. After they receive the conditional use, and
have signed the conditional use agreement, they obtained a building permit to do the
alterations to the building in compliance with those site plan approval and conditional
use. Theyve been underway since the February 14
th
date, and theyre near completion
but these two conditions they would like reconsideration to be able to put the bin back
outside and theyll explain in the testimony what the purpose of that of that is, and the
importance of the canning and bottling of beer. The site plan is very much like what was
seen by the Mayor and Council. You saw it after the Conditional Use was granted, it
came back to you all for final site plan approval, you saw it shortly after the public
hearing. This is not the site plan that you saw during the public hearing, and you did
have concerns about traffic circulation and things of that nature. This was the plan that
was developed to show the truck turn-around capability and the new circulation pattern
in front of the building. It was done in accordance with your recommendation and then it
was brought back to you all for site plan approval. But this was the final site plan that
was approved in conjunction with the Conditional Use. Now you see the bin location
which is further east. The original location was near the west side of the property. Its
been moved mid-way of the building, and again, they would like consideration. Thats
basically the report. I did send out a, like a staff comment sheet, and the plans that you
have on your desks tonight and the one thats on the screen has been corrected with the
parking tabulation. The original plan that we got with the change of conditions, there
was a discrepancy in numbers on that plan, and its been revised per code as shown on
this plan. This plan is compliant with the parking tabulation. There was a discrepancy in
the earlier plan.

(Lull in transcript because commissioners and staff were looking through records
comparing prior square footage totals per use and parking tabulation).

SMITH: I can give you an explanation. When you look at whats on the plan in front of
you. They required 57. some spaces for the restaurant and I believe it was 2000, or 11
spaces, 1 per 200 and then theres two spaces for the employees in the back the way it
was approved. 57 and 10 would be 67, er 68, and then theres four more basically if you
round it off. Theyre required to have 72 space, and they did massage how they
distributed those parking spaces within the building. As long as they didnt exceed those
72 space I think they had some leeway. If they didnt create a higher demand, and at
one point, I think they wouldve liked to have more seating, but they didnt have the
2
parking to back that up. But now the distribution, with some in there for retail, which is
2000-some feet, at one per 200, and then the 5700-some feet again at one per 100, with
at least 2 spaces for the employees, right, right. Now, there was a set of drawings
where I felt there was a discrepancy, and thats why the staff comments, but these
drawings are more accurate. That was it.

TAYLOR: But that doesnt include the chiller on it.

SMITH: Let me explain that. When I brought it to you all, thinking it was a change to a
condition, the reason why I brought it to you all was that they were going to enclose it.
And I thought that would be an administrative change, because what the condition was I
got to remembering, was that it had to be inside the building. The issue was that this
qualified for being inside the building. Went back and read the conditions a few days
later, it was conditioned to be inside the building. It was only the CO2, the grain bin, the
spent barley it was only that items that were in the Conditional Use that had to be on
the inside. And the chiller is basically like a compressor, it has to be on the outside, and
it really shouldnt be enclosed. They still have the responsibility to keep it at a certain
decibel level. I have heard it run, but have not run the noise meter, but I believe its
going to comply with the Towns regulations on the sound control, with the 55 decibel at
night. It doesnt sound that loud. The only thing I have not done, Ive only heard it run
with two of the fans, its got a (unclear) and Ive only heard it run with two of the fans on,
but even then, I dont anticipate that its going to change when they all run to the same
level from what I can tell. But we will run the noise meter once they get up and running,
and if there is any sound spillover onto the Maresol, thats the closest property, then they
would have to put have to put something, a sound barrier, behind it. At the property line
is where we measure the proper decibel reading.

(COMMISSIONERS: This is a synopsis. Due to the poor quality of the audio on this
system, prior to telling them to remember to speak clearly and directly into the
microphones, Blaines answers fill in the blanks as to what was not picked up directly.)

SMITH: Even so, it could be, but I dont see a reason for it. Its properly situated, and I
believe the sound control will be (unclear).

(COMMISSIONERS: Ask questions about the scope, or what else can they discuss in
this hearing.)

SMITH: I think youve got the go-ahead to do what you want, but whats being
considered is the canning and bottling of the beer and the placement of the grain silo
outside. I think anything else that you have concerns about can be discussed.

(COMMISSIONERS: Unclear statement again.)

SMITH: And I think by way of explanation when you talk about the chiller, hat is the
update of whats happened since you all have seen it. Because you all had kind of
referred it back to the Mayor and Council since you thought it was their (unclear), but
when I went back and looked, I believe you have the Conditions of Approval in front of
you, it was not on there. It was not one of the conditions, and I thought it was, and that
was an oversight on my part, thinking it had to be inside, and then when I read it over
again I realized it wasnt one of the items. Now they did segregate that the dumpster
3
would be outside, but they were silent on the chiller, there was nothing in any of those
hearings about the chiller.

(COMMISSIONERS: Unclear statement.)

SMITH: Well, the way it came up in the transcript, and you all heard the case, there was
some discussion as whether they would bottle or can, and at that time they made the
statement on the record that they didnt intend to do it. I think thats how it was left.
When the transcript was read by some of the council, they saw it, and when the motion
came on the floor to approve the Conditional Use with conditions, one of the councilmen
said lets put in there that, because theyre not going to do, lets make sure they dont do
it because they can (unclear), and so the motion maker amended the motion to include
the prohibition of bottling and canning as it kind of evolved that way from discussion.
There was no other testimony or anything, they took it from the transcript and one of the
council persons amended it.

STALEY: Okay.

TAYLOR: (Unclear)

ESHAM: The Mayor and City Council already, well certainly the applicant may have to
give testimony that will weigh on your decision-making and weigh on the Mayor and City
Council, so I would keep that in mind when making your decision. But legally, you can
make a decision based upon whatever you would hear tonight.

STALEY: Alright.

SMITH: Unless its modified, I have to enforce it inside and no bottling and canning.
(Remainder unclear).

STALEY: Anything else?

SMITH: No, thats it.

STALEY: Alright, the next item is the applicants presentation.

CROPPER: (Mr. Cropper stood at the rectangular table in front and not at the podium
the humming in this recording system makes his statements virtually impossible to hear)
Thank you Mr. Chairman, (explained that the request to change amendments were
ONLY to install the grain silo on the outside of the structure, and to allow bottling and
canning of beer inside the brewery) In doing that, youve already issued an approval
letter, and I want to make that part of the record. I want to make sure the approval letter
from you is part of the record tonight; I want to make sure that your prior findings of fact
is part of the record tonight. I want to make sure that the prior transcript, the entire
transcript is part of the record. (Stated wanting more items to be part of the record, but
he submitted each item as applicants exhibit this evening so they are in the file), were
going to be brief (unclear).

ESHAM: Please raise your right hand. Under the penalties of perjury, do you hereby
swear to tell the whole truth and nothing but the truth?

4
SHORES: Yes.

ESHAM: Okay, please state your name and address.

SHORES: J oshua Shores, 1400 Chicago Avenue, Unit 1, Ocean City MD 21842.

CROPPER: (Made statement to Mr. Shores, but again, unclear in recording)

COMMISSIONERS: (Comments still drowned out by buzz in microphone.)

SHORES: Okay, the grain silo, actually its safer, cleaner, less traffic, rodents, bugs,
everything. Everything is sealed tight, from the grain, from when it leaves the truck,
coming in, all the way through. If you look at the second page (of his packet he
presented prior to this portion), pictures show how it is without a silo, thats Evo Brewery
in Salisbury, they dont have a silo. They need to have everything clean, from the dust,
from the super sack, the rodents that get into it and the safety issue. Right now we have
to do, were a 30-barrel system. Now I know, City Council went up to Burley Oak, they
have a 10-barrel system. Most places in Ocean City have a 5-barrel, 7-barrel and a 2-
barrel. You can do that with sacks of grain, 50 lbs. For us, its about 2,000 lbs of grain
for every batch. So we have to have somebody hauling up 40-80 lbs of sacks of grain
up the ladder or from the ceiling with a forklift, hauling it in and working with it. 40-80
sacks every 2 hours. The grain silo takes that safety, takes that falling completely out of
it, seals to everything, takes the dirt thats all you need, thats why we call it clean and
green.

Response to question Everything is augered, sealed tight. Fully automated. Right
now, if you have to (unclear), but this is fully automated. No, theres only about a 4 pipe
that goes into the building. Everything goes into the building and is sealed tight to the
building. Okay, the truck that comes in, has a pipe over top of it that dumps it right into
the top of it.

MILLER: Is it a closed truck or an open truck?

SHORES: It is an enclosed truck, and thats augered I think its blown into the silo, its a
sealed cap on the top, and its blown right into the silo, into the tank. Then the auger
system underneath the silo, augers it into the building about 4 and then the auger
system goes all the way to the mill, which dumps it right into the mash pit.

MILLER: In the event of human error, outside, what is the potential outside for spillage?

SHORES: I wouldnt recommend a fence, it would be open and we would just clean it
up real quick. But I wouldnt even

MILLER: One of the pictures here shows something around the base of the tower.

GILLIS: Its a screw auger. If youre bringing in a transport of fuel, like diesel fuel or
gasoline or something like that, you bring a big tanker truck in, you have a hose, the
hose goes to the tank there in the ground. This is a very similar way with the truck
backed up, a proposed hose that goes into the top of the tank, dumps into the top of the
tank, and then you have another screw auger that goes in and the screw auger itself is
enclosed, encapsulated, in a pipe. If Im saying anything wrong
5

SHORES: Youre 100% correct.

GILLIS: but it goes on an elevation, it goes into the mix, inside the building.

MILLER: So a proposed horizontal fence youve got here is not going to be

SHORES: Was that?

MILLER: The plans show a fence around the base of it.

More unclear conversation but the essence was the discussion of hitting the silo and not
having a horizontal fence at the base which is in the way.

GILLIS: This isnt new. This happens all the time, and these guys do it, theyve been
doing it for years and years and years. On my farm that I had, and I had the exact same
silo

MILLER: But you didnt have a restaurant around it. Im just wondering if someone
backs into the silo and busts the side of it.

GILLIS: Are you going to have pipe, steel pipe bollards, concrete filled so it doesnt? I
agree with that, so thats something we need to add.

(Discussion of fire risk in the silo barely audible between commissioners and applicant)

CROPPER: Whatever the Fire Marshal wants.

SHANAHAN: You indicated it would have a vent.

SHORES: Yes.

SHANAHAN: And I think the last time you said it would have a smell similar to a
bakery?

SHORES: No, not the grain, the grain doesnt have any smell.

MILLER: You indicated the silo is 31?

SHORES: 31.

BROUS: And how many deliveries do you anticipate it will be with this silo?

SHORES: Depending on the type of product, a lager, and a light lager, and an ale all
have different processes.

TAYLOR: Why did you agree to keep it on the inside?

SHORES: I just agreed to whatever they wanted. I didnt want it inside.

TAYLOR: Then you agreed.
6
CROPPER: Actually it wasnt a public hearing with the Mayor and City Council.

SHORES: I just was told to sign the agreement.

TAYLOR: You signed the agreement, then you agree!

SHORES: Yeah, because we want to get open.

TAYLOR: But now you want to change it.

SHORES: Because its safer.

CROPPER: We always wanted, I mean in our defense, we always wanted it outside.
We go to the Mayor and City Council and were not allowed to speak. They make the
deal, they hand us the agreement and say, if you want to get started sign this agreement
and thats what we did, but knowing we would come.

STROUD: I need everyone to make sure they speak clearly into the mic so we can
make sure we get a (mic squeaking being pulled across table).

SHORES: But also, we looked at doing this with just grain bags and its almost
impossible. Its going to hurt somebody.

MILLER: So your silo deliveries, what time of day would they be coming in?

SHORES: Morning, these guys are in at 6 oclock in the morning.

MILLER: How much noise do they make?

SHORES: Nothing, just a tractor-trailer. But the auger is not, its made to blow right in,
its none. It shouldnt bother anyone. And if there is, we would make a delivery time at
10 oclock, or 11 oclock so it would not disrupt any neighbors.

BROUS: Are you still doing kegs also or is your desire just to do bottles now?

SHORES: No, well do kegs. The bottling and canning is very simple. Its just
something to add to our advertisement to get the canning, I mean, if you could see how
small the system is, it looks like a, it would probably fit, it fits into a 6 trailer. And they
bring it in, it is the size of a hospital bed, maybe 4-6 long. The canning one is a little bit
bigger, they roll it in, they bring in all the pallets, bottles and cans and fill them up, and
do it all for us at the mobile. We dont want to be a manufacturing plant, like the Laverne
and Shirley style, big manufacturing bottling, canning or anything like that. We just want
something to add to our business. And canning and bottling is the majority of what
businesses are advertising, and growlers, the dangers of growlers, people take a growler
home from here to Pennsylvania, itll explode in the car in the 100 degree heat. But a
can and bottle

MILLER: Is your intention to sell the bottles and cans out of the retail store?

SHORES: Eventually, yes.

7
MILLER: You have the license to do that right now or whats your license?

SHORES: No, just the growlers.

MILLER: So how do you sell the, to the restaurant down there? The bottles and cans
are sold through the restaurant?

SHORES: Yes, or we distribute.

MILLER: Youre allowed to distribute, you just cant retail.

SHORES: We cant, we cant retail out, we can retail from the bar and restaurant, but
we cant sell them as packaged goods. We can sell our growlers, but we cant sell
bottles or cans yet.

MILLER: So what theyre bottling and canning, I couldnt buy a 6-pack there if I walked
in.

SHORES: You could buy six beers over time, over an hour and enjoy it, but.

GILLIS: Are you showing the bottling and canning device on this drawing, A1.2? It isnt
showing, Im confused as to where it would be. It says, Im sorry where is it? On this
drawing its showing at this overhead door, mobile canning and bottling apparatus.

SHORES: Right as you come in the front door.

GILLIS: So is that this top one, or is that the bottom one or?

SHORES: Either one. If we do bottling one day, the mobile bottlers, theres two
different companies that do

GILLIS: Is it your machine?

SHORES: No, its not my machine.

GILLIS: Okay, so it comes in and it goes away.

SHORES: I contract out, yes.

MILLER: How often do you plan on doing that?

SHORES: Whenever we brew maybe ten, wed have to set up a schedule.

MILLER: Give me an idea.

SHORES: I wouldnt even uh, lets see. It could be once a week, or three times a week,
we have no idea.

MILLER: Is it something that you pull inside, shut the garage door, bottle, can?

SHORES: Yes.
8

MILLER: Youre not going to be like bottling out in the parking lot.

SHORES: Oh no.

MILLER: Youre right at the garage door on this one plan.

SHORES: You cant bottle, we wouldnt have the hoses to get it outside anyway.

MILLER: But Im just saying, the door will be closed, youll be inside bottling.

SHORES: Yes.

MILLER: Were not going to hear any noise from this machine whatsoever at all.

SHORES: No, and you wouldnt hear any noise from these little machines anyway.

MILLER: Okay, so were just saying, youre going to be doing this on the inside with the
door shut.

SHORES: Yes.

MILLER: Okay.

TAYLOR: You said originally you had no intention of doing it any time in the future, you
agreed with the Mayor and City Council, you werent going to do it, and now youre
saying, gee, we do want to do it after all.

SHORES: Youd need a bar-like mind.

TAYLOR: Why didnt you know that before you opened?

SHORES: We didnt know how big this was going to be. Its a big, its a large building,
we have to go at every revenue source right now.

TAYLOR: Did you ever think about doing a feasibility study before you started this part?

SHORES: I mean, the canning and the bottling is something you want to get in to. I
mean you need canning and bottling as a life-line.

TAYLOR: Well then why did you tell us you didnt want that.

SHORES: We never told you we didnt want it.

TAYLOR: You just agreed to not do it.

SHORES: We just agreed, and it wasnt, and it wasnt bottling, it was just canning.

CROPPER: Thats not really fair, because the subject here today nobody would ever
come back here and ask to amend anything, and the code provides for amendments to
conditional use. As a matter of fact, conditional use is like an ongoing process, it has
9
amendments, and you have continued jurisdiction, so if something doesnt work, if you
know you can call us back with like 5 days notice, I think the whole conditional use
process is sort of a maturing of a business. I dont think its really fair to say you know,
youre stuck with what you originally asked for.

ESHAM: Huey, Huey, hes here asking for the amendments, she has the right to ask
why hes changed his mind, shes not criticizing that he has the right to amend it. But
shes just asking why he changed his mind.

CROPPER: Thats fair.

SHORES: Its never changed our mind, Ive always wanted to can and bottle.

TAYLOR: But again, you signed an agreement that said you didnt.

SHORES: We wouldnt have gone forward and opened up. We have to, we have
kegging and

TAYLOR: You get an agreement and then you want to change, its like, well, you sort of
did the same thing to us as I remember, when you first came in, you said that you were
only going to be selling your own beer in the premise, and then when you went to the
beverage board, the licensing board, you said you wanted to sell your own brands of
wines and liquors. Well that was never anything that you told us, and then all of a
sudden, this comes up later at the liquor hearing, so Im not sure about, theres a little
credibility problem.

SHORES: That wasnt, the distilling and the wine was something that was just decided
on as we progressed. Dog Fish got, I mean Dog Fish does their own distilling at their
facility. Thats something we wanted to get into, we want to be just like Dog Fish. So, it
just, matured into that, I mean, we just

MILLER: But J osh, one of my concerns from the get-go was the vehicle access, turning
trucks around, parking, the scope of the outeration, and everything that you add to it
affects that scope, okay, of what youre doing. I mean, whether its now youre going to
sell packaged goods to other stores, can you do that, can you sell bottles and cans to
other stores?

SHORES: Yes.

MILLER: Because thats going to require a truck coming in, moving the product out,
other than kegs, correct?

SHORES: Yes, well they, no, they pick them up with the kegs, our distributor comes in
with one truck.

MILLER: Its more product is what Im saying too. My thing was the number of trucks
going in and out, I mean you only have 60-some parking spaces, maybe 70 in here. I
still dont like the turn-around for the trucks, I dont think its feasibly going to work in the
summer time.

GILLIS: Are you referring to this plan, Peck?
10

MILLER: Yes, yeah.

GILLIS: That shows that?

MILLER: Yeah.

GILLIS: Okay.

MILLER: Im still not comfortable with that, I like what you did out front, that allows cars
to cut through. Im just concerned now youve got a silo in the middle of whats going to
be an attraction for people, so youre going to have more people parking back there to
see how, you know. I just think the whole areas going to be filled. And now that youre
adding more stuff to it, I just really need to hear, you know, that youve got this
somewhat under control and its not going to keep evolving, you know.

SHORES: Well, I mean, every business evolves. Im not going to say

MILLER: What Im saying, you dont have the parking.

SHORES: Exactly, but with the canning and bottling, with the bottling, the canning is
what we really want, I wanted to do everything in cans, but if the truck comes in, Eastern
Shore, or Miller, or whoever we sign with, theyre going to pick up one shipment, whether
they come in for 50 kegs, or 50 kegs and two pallets. It doesnt make, theyre going to
come in for that amount of beer. So, theyre not going to come in just to pick up one
pallet of cans. Theyre going to come in one time, pick up everything, we have
everything in a refrigerator, and they haul right out. Its not going to be daily trucks going
in, in our distributing.

MILLER: So the capacity you have to get out of this brewery right now is

SHORES: Its going to be the same as it was before.

MILLER: Which is how many trucks a week?

GILLIS: Well, it depends on whether we accept the silo or not, if we accept the silo,
theres going to be less truck traffic than if we dont.

SHORES: Exactly.

GILLIS: So I mean

MILLER: Im asking about deliveries and pick-ups

GILLIS: You said truck traffic.

MILLER: Okay, Im concerned about the Carey Truck or whatever, coming in, 18-
wheeler, whatever it is, big guy, loading it up, and getting it turned around how many
times a week are you looking to do that?

SHORES: Maybe every two to three weeks.
11

MILLER: So youre just delivering beer every two to three weeks.

SHORES: Yeah, because thats what the whole point of a distributor is. We have our
license to distribute our own beer. I could load trucks up, 15 trucks, Im not, I dont want
to do that. I want one truck, coming in, taking it to their facility in Salisbury

MILLER: Storing

SHORES: and storing it, they store it all up there

MILLER: You can coordinate the time of those trucks?

SHORES: Oh yes.

MILLER: Thats what Im asking, what Im concerned about.

GILLIS: But to your point though, Peck, doesnt this product have a little bit of shelf life
that you have to sell it?

SHORES: One year, for cans, thats why we want to promote cans. Bottles, the way
were doing it right now, three to four months, and were not really pushing for bottling,
its mainly canning, because it has that one year shelf life we can send it and they can
have it in the facility

GILLIS: I know thats a big problem with the (unclear) Brothers, I mean, talking to them,
working for them, they have an issue for how long is safe in the cooler.

SHORES: Bottles are horrible.

GILLIS: Okay. Ive got a question on this, you, the, youre proposing the mobile canning
and bottling apparatus in front of the overhead door, and youve shown us pictures of the
two devices. Any time that Ive seen a bottling or a canning operation, theres been a
long line before it, and a long line after it. And then theres been packaging. So, while
youre showing the 4 x 6 device in front of, hospital bed in front of the overhead doors,
what happens before and after it, or have I misunderstood this. Is this self-contained
and this is all you get?

SHORES: One pallet in front, one pallet in back.

GILLIS: So youre not going to have the series of bottles coming through

SHORES: No, they cant transport that type of, youre talking about the big mechanical,
they couldnt transport that in their mobile cannery.

GILLIS: the bottling operation.

SHORES: The bottling operation, they would just come in just with that piece right there,
exactly what you see, this McGean Bottling System?

GILLIS: Yes.
12

SHORES: Is what you see. They bring it in, they hook up to our CO2 tanks, they put
one pallet in the front, one pallet in the back.

GILLIS: So my point on that, is what Ive seen, theres a whole lot of stuff going on
before and theres a whole lot of stuff going on after this machine. But if what youre
saying is that this is a smaller operation that doesnt have a feeder to it or the pre and
the post canning or the pre and the post bottling, just one pallet.

SHORES: Yes. One pallet before, one pallet after.

GILLIS: And what do they do with that pallet after they start with the next pallet? They
store it somewhere?

SHORES: It would go right into our refrigeration.

GILLIS: Okay, so you would move it into the coolers.

SHORES: The coolers, everything has to stay in the coolers.

TAYLOR: But ultimately you want to install your own bottling stuff.

SHORES: No.

GILLIS: Today.

SHORES: Not here. But I mean, if we do, we would come back and talk to you, but I
wouldnt even, we dont have the space for it. We wouldnt, there isnt any space to have
a permanent, because theres bottling and canning. So youre talking about, you were
talking about the contraptions and the hooks and all the different conveyor belt lines.
We dont have the space for it, so.

BROUS: Are you going to ask the LCB to add bottles to retail in the future?

SHORES: Yes.

BROUS: Is that for this year or for next year or do you know?

SHORES: Probably next year, I dont think were going back this year.

BROUS: And also as far storage, like the kegs, is there enough storage in there for all
the kegs, and the bottles, and the cans, Im not talking about parking lots full of kegs,
and parking spaces with kegs in them, and bottles in them, it will all be inside?

SHORES: All inside.

BROUS: Whether its being bottled, or already bottled, or just a keg coming, a growler
coming back will be stored inside, not outside.

SHORES: Well, thats why we dont have, we dont even have space for the grain. And
thats why we need the grain silo, thats another reason. And thats why trucks would
13
come in on a daily basis to deliver pallets because we wouldnt have the space to store
all that grain right now the way it is.

BROUS: As far as silo maintenance goes, (unclear) thats up for debate, but as silo
maintenance, lets say, you know, this doesnt work out a year from now, no ones here.
Who maintains that silo? Is it like a water tank left abandoned that deteriorates, how do
we guarantee the maintenance of the silo, long-term and the appearance of it. Even
though I think if you had it would look good now.

SHORES: Its galvanized steel.

GILLIS: Does the (unclear) onto that, in any way?

SHORES: No.

GILLIS: Okay, who monitors your bottling or canning, the health department obviously,
but I dont know

SHORES: No one.

GILLIS: No one?

SHORES: I mean, its all regulated through the Federal Government.

GILLIS: Okay, USDA or something like that?

SHORES: No, just a, we just tell them how much beer is coming out of the tanks. They
just keep tabs on how much grain comes in, and how much bottling or how much beer
comes out.

BROUS: The silo, more like the logo, the painting, and the chips or peels or fades or
whatever, you know, over time.

SHORES: What?

BROUS: Im worried about the appearance of the signage on the silo, its galvanized,
yeah, but, it has to be painted, or grouted, or whatever

SHORES: Wed rather keep it just galvanized steel and not paint it the color of the
building.

BROUS: If youre going to have a silo it would look cool if there was one on there, in my
opinion, then youve got your maintenance issues.

SHORES: But that would be vinyl. We would hit it with a vinyl tag with our logo. Its too
much to paint, unless you sprayed it one color.

MILLER: So you are going to put a sign on the silo at some point.

SHORES: Wed like to put a sign on it.

14
BROUS: So that would be part of this, right? If it were maintained right

GILLIS: Well, this picture shows the logo on there.

BROUS: Yeah, I see the logo on there.

SHORES: And it would be a vinyl logo.

BROUS: Okay, wanted to make it for the record.

STALEY: Are there any other questions of the applicant?

GILLIS: What is the eave height of your building in relationship to this 30 foot (unclear)?
The eave height of the building, do you know what the eave line?

SHORES: Its 26 feet.

GILLIS: 26 feet?

SHORES: Its 26 from the center.

GILLIS: Probably 22 foot maybe, if you guess?

SHORES: I want to say its a 9 foot difference. 22 on the edge.

GILLIS: So 30 is 2 foot 6, so drop down from the top (cough obscures statement), but
whats the eave height was what my question. I just want to get an idea what the tank
looks like beside the building as far as the eave height.

CROPPER: Its shown here on the site plan.

MILLER: 18 to the eave.

SHORES: Yes, 18 even.

GILLIS: These drawings

CROPPER: Do you have the revised ones? This is not on the revised one.

GILLIS: Okay, so what is the eave height shown on that?

CROPPER: Im not a builder like you

GILLIS: Because its showing on here, 24 foot, if the building is 60 foot wide, the middle
is 38 (unclear). So it sticks up above it on the eave line.

UNIDENTIFIED FROM AUDIENCE: Almost 10.

SHORES: I was correct, about 9 feet.

GILLIS: At the eave line.
15

CROPPER: Palmer, the reason thats not on your revised (unclear again because of Mr.
Croppers positioning in relation to the microphone at the council table).

STALEY: Any other questions of the applicant?

CROPPER: Thank you, I just want to remind you

GILLIS: I have a few more questions. Since this is open (unclear), there seems to be a
discrepancy, one of the problems I have with the whole thing is (unclear) earlier, is cars
backing up into Coastal Highway. The site plan that we have here before us tonight has
a (unclear) on the curb cut, it looks like to me, Im guessing, about 20 foot, but the curb
cut on this drawing looks like its about almost 35 feet, and I have a real problem with
cars, I see you have addressed it by having an outlet that will traffic to go south, these
cars, when this was brought before us before, we had talked about making the spaces
parallel and I see that they havent changed. But I also see that youve allowed access
so that these cars can back up and get out of here, but this curb cut looks like to me its
about 20 foot and on this drawing, youve used your parking spaces, looks like about 35
foot. My goal in this is to make this right-hand turn in only, and you have to come out
here. So whether that means exit signs, striping or whatever, I have a real problem with
cars backing up on Coastal Highway. So, I mean, from my point of view, and my
perspective, and this panel may disagree with me, but I think we need to ask. You have
solved some of the problem by giving relief to allow the cars to go to the southerly exit,
which is where they should go. But that should be a right, at the northerly entrance, that
should be only an entrance.

SHORES: So put arrows on the pavement?

GILLIS: Im just saying, get it, pave, stripe it, put exit only or put entrance only, and exit
this way or something, but striping somehow on this so that the cars will go out the
southerly exit.

SHORES: Okay.

GILLIS: Because I just have a real problem with cars backing up on Coastal Highway
and um

TAYLOR: Heaven knows we have enough problems on Coastal Highway!

GILLIS: Well, we dont need that, especially in a restaurant when somebody mightve
had a beer or two.

CROPPER: But the intent wasnt to back out, this is evidenced by the pointed arrows on
the site plan.

GILLIS: I agree. But the discrepancy that I have is this entrance on this drawing is way
out of scale if this one is correct. Theres something wrong with this scale.

CROPPER: Yes, this one is the new approved one.

16
GILLIS: Thats right, but that wouldve meant the curb cuts wouldve been modified but
they havent been modified. Ill ride by and look at it closely.

CROPPER: Hell do that (unclear).

SHORES: Thats not a problem.

GILLIS: Striping, exit, one way.

SHORES: The arrows, right on up, one way out.

STALEY: Any other questions of the applicant?

CROPPER: Thats our presentation, I just want to remind you that in a Conditional Use,
the good thing about a Conditional Use is that you have continuing jurisdiction at all
times. If theres a problem with the grain elevator, I dont know what to tell you, but I
think the applicant has to come back in like five days if notified, and with notice, I think
they have to come back in 30 days, you always have the authority to curtail a conditional
use or add more conditions to (unclear) so its sort of a self-policing, its a self-policing
thing. So I would just leave you with that thought, and thank you for your time and
attention.

STALEY: Alright, is there anyone in the audience thats in favor of the applicants? Is
there anyone in the audience who would like to speak in favor of the application?
Hearing none, okay. Any questions by the commission? Opponents testimony.
Anybody in the audience would like to speak against the application?

SEIPP: Mr. Vice-Chairman, Im J ohn Seipp, attorney for the Maresol Condominium. Im
not testifying, but I will (unclear because he was in audience, not at microphone).

STALEY: Um hm.

SEIPP: Okay, first let me just make a preliminary comment if I may. The Maresol, as
you know

ESHAM: If youre making comments, we need to swear you in.

SEIPP: Okay.

TAYLOR: Were going to swear you in.

ESHAM: If you dont mind, yeah. Under the penalties of perjury, do you hereby swear
to tell the whole truth and nothing but the truth?

SEIPP: I do, thank you. As you know, the Maresol Condominium is located to the west
of this project, and they also have a swimming pool and parking lot moved over towards
the south side of the project, and most of the activity thats been prior to this commercial
production operation is right next to the swimming pool. So, the folks in Maresol
basically want to be very good neighbors, they want a good business of some kind in
this location, its been an empty building, theyre obviously not happy about that, but the
range of opinions in this condominium go everywhere from this shouldnt even be a
17
Conditional Use at all, to we may be okay with this. So what Im going to do tonight is
ask several members from Maresol to speak; theyre going to address primarily the key
issues that have been constantly (unclear) and some other issues, so if you dont mind
Id like to call these individuals, theres three of them, let them say their peace (piece)
and I may have some concluding remarks at the end. Proceed that way?

STALEY: Yes, sir.

SEIPP: Id first like to introduce to you Mr. J im Deitrick, who is the president of the
Maresol Board of Directors. J im, why dont you come on up and stand behind that
microphone over there so they can record it.

ESHAM: Please raise your right hand, under the penalties of perjury, do you hereby

DEITRICK: I do.

ESHAM: And please state your name and address.

DEITRICK: J ames W. Deitrick. My address in Ocean City is 105-56
th
Street, Unit 402 in
the Maresol. My permanent address is Ellicott City Maryland, 11943 Hampstead Green,
Ellicott City.

ESHAM: Thank you.

DEITRICK: Well, Id like to echo what J ohn said, because I guess after the J anuary
hearing that we missed, we were concerned about what was being done by Ocean City
Brewing Company, and what we did actually, was read the minutes of the J anuary 7
th
, I
think it was hearing that you had here, and heard what was going on and got concerned
about, and the letter that we wrote to the Mayor and the City Council before your
recommendation went there, basically said that the residents in the Maresol are
concerned about congestion, additional noise, property devaluation, and actually the
physical presence of the silo itself. I think what I would tell you is that, I mean, people
have kind of said to us that because of that the Maresol is against the Ocean City
Brewing Company, and for the record, we are not against the Ocean City Brewing
Company. What we are against is the concerns that we addressed; were concerned
about additional traffic, were concerned about congestion, were concerned about dust,
were concerned about odors, were concerned about a nuisance, all the things that
youve discussed in this hearing in J anuary were concerned about. We also did not like
the physical presence of a 31 foot high, thats three stories, silo within almost spitting
distance of the front walkways of our condo association. So, were not against it. What
we dont want to do, we want to actually have some peaceful coexistence if thats
possible, so if this is the site plan that youve got in front of you, this is the new site plan.
So, the difference, when we first saw this, Im going to point a little bit, youll get the
general idea. The silo thats shown here, was actually as far west as they could have it.
You literally, you could spit off our front entrances on the second and third floor and hit
the silo, so the silo for us was a physical problem for us. It wasnt so much that the silo
would be about concerns that we had on other things, but after I listened to some of the
testimony here from J oshua Shores, Im probably in a little bit different place. What Id
like to do, if youd let me, is we went back, because were trying to not speak personally,
Im trying to speak how 40 people feel, you know, in the Maresol about that, and thats
18
hard to do as J ohn said. We invited every one of our owners when we got the notice of
this hearing to make comments to us. Ive got a summary verbatim of all these email
comments that came back to us if you wouldnt mind and its permissible, Id like to give
you a copy of it for the record. Is that okay?

ESHAM: Sure.

DEITRICK: And what youre going to see, can I talk while Im walking?

SEIPP: You have to talk very loud.

DEITRICK: What youre going to see is a lot of people are confused about whats going
and how they feel. Its a very broad range of feelings about things, but I think what youll
also see in this is that the underlying thoughts in this is that people are concerned about
congestion, people are concerned about traffic, people are concerned about noise,
people are concerned about those kinds of things. Um, what Im going to say to you
right now, on the silo, the initial reaction from people was we hate it, we dont want it, we
dont want to see it. What youre going to see there is, J oshua came to a Board meeting
that we had on May 3
rd
at the end of it, we had a workday, so we had a spring board
meeting. At the board meeting he said the same thing that hes saying here, I can live
with all the conditions that have been placed on my Conditional Use permit except for
two, and thats I need the silo and I want to do the canning and bottling. And we said,
what about the silo? And he said at that point in time, were going to move the silo
farther east, as far east as we can move it, and its going to get it out of in your face.
And what youre going to see with some of these comments here is some people, the
farther east it goes towards Coastal Highway, the more people are saying, Im not
happy about it, but maybe I could live with it. And if the silo does what he says its
going to do, and thats it does, in other words, it makes it safer, we dont have grain
explosions, its cleaner, it controls dust more than doing the operation inside, I think
people could learn to live with it. Wed like to see it farther east, and wed like to see it
painted with invisible paint, but (laughter) if we could move it farther east, and when we
talked to him in May and it was probably three parking space farther east than it shows
on the site plan now, thats about 30 feet, and if we could continue to push it there,
farther east, I think we wouldnt be happy, I think people could live with it, and I think
people would hate me, in the Maresol, some people would, because some people
absolutely dont want to see it because it feels industrial. I was reading some things on
the way down here, and I think it was actually in your testimony or the minutes of the
J anuary 7
th
meeting, where you all were concerned about the character of that general
community, that general area around the Maresol. And you were talking about how has
the character changed since Adkins Conditional Use was allowed, and I believe it was
allowed in 1973. And how the property, or the area, is zoned right now, and thats not a
residential area, because I think were saying its not, I think if you look around the area,
it has become a residential area, in fact it is a residential area. And the Adkins lumber
yard, in and of itself, was an island in the storm. A lumber yard in the middle of what it
was, was a sleepy little thing. It operated, closed on Monday through Friday it closed at
4:30, it was open half a day on Saturday and was closed on Sunday. It was a sleepy
little thing, but it was an island in the storm. Now all of a sudden, an island amongst
residential units, now all of a sudden we have a vibrant busy that wants to come into
play. Trust me, we all believe its better than Sassy Beachwear that was there for a
couple years. What we dont want is to have something run over us and the area and
what we are as a residential community. In J anuary he said to you, All were going to
19
make is a thousand gallons a week, all were going to brew is a thousand gallons a
week. You need to ask the question now, how many gallons a week are you going to
brew because you want canning and bottling operation is that going to allow you to
maximize the capability that you have. That question has not been asked yet. You
asked the question in J anuary of Fesche, their brewmaster that was here, if you ran it to
the limit, what would it be. And I think what he told you was, he could do 4,000 gallons a
week. Hes saying that the silo as I understand it also in the testimony, is good for 10
batches. Okay and if they brew a thousand gallons a week, theyll have a truck come in
every 10 weeks or some to fill up that grain silo. If he starts saying no, were not going
to do a thousand, were going to do 4 times that, that means were starting to roll those
trucks in 4 times that time, right? I also believe, okay, that the silo is, makes it easier for
him to maximize the capacity and get it to 4,000 gallons a week; I also believe that
people are more against the bottling and canning operation because we believe well,
nobody ever asked, why do you want the bottling and canning, well, you sort of did, and
the answer was, Well I need the canning/bottling to be business viable. What does
that mean? Make more money. What does that mean? Sell more beer. What does
that mean? Brew more beer. Brew more than a thousand gallons a week. Brew as
much as possible. So I say to you, that we in the Maresol look at this and say, its not
the canning and bottling operation per se, that were against; were against the canning
and bottling operation because we believe that this will allow him to have another vehicle
to distribute beer out of there and maximize the brewing capacity of the facility. Were
really against 4,000 gallons a week. We are. You all asked somebody in J anuary, if you
brew more beer are you going to have more traffic, more noise, are you going to have
more, I dont remember who it was here. Ill tell you what page its on if you want, in your
transcript. You asked that question, and they said yes it would. It would be more traffic,
will be more congestion, will be more of everything. More, more, more. So what Id say
to you right now is what ultimately what were really concerned about is living next to
something that is going to max out on the capacity and exacerbate the issues that weve
got with the noise, congestion, and everything. 56
th
Street, if you live next to it, theres
no parking on 56
th
Street zero. J ohnnys lines it up. We go to J ohnnys, we love
J ohnnys. We hope they brew good beer, well be over there all the time drinking good
beer, but at the end of the day, if you look at 56
th
Street, Fagers when its busy, will line
it all the way up from the Island in, all the way out to 56
th
Street. J ohnnys will line it up
all the way on the other side, all the way out. I very much believe theyre underparked
there. I mean, if they didnt have a code variance for the warehouse side of things,
theyd have to park maybe 6 spots, and right now theyre providing 72 because they got
a variance on the warehouse side which means they only have to park 5 on the
warehouse. When J osh came over and talked to us in May about the canning and the
bottling, we went down the same road Im going down with you right now. Whats your
business plan? Didnt get an answer. How much brew do you plan to make? We
presume, you want the bottling and canning because youre going to brew more than a
thousand gallons a week, they told you that in 10 different places in J anuary. So were
saying you are going to brew more than a thousand gallons a week. The answer was
yes, we are. Well how much more? Well, we heard four, we heard ten thousand, we
heard 13,000 we heard all kinds of numbers, right? In J anuary they told you 4,000
gallons a week. What we said was wed like to know if youre maxing out on your
production, how are you going to balance that on your site with your restaurant
operation? You arent going to be doing all this traffic in and out from 11 oclock on,
when the restaurants going like crazy, right? So when you going to do it? When you
really going to brew? How are you going to work those operations around your
restaurant operation? How are you going to work your deliveries around 72 parking
20
spots, where if you look at that site, every place that theyve got in here, all those little
red things, those are their parking spots. And if theyre underparked thats going to be
full that doesnt give them a lot of room for traffic in and out. So what we said to him is,
how about you get together with your guy that runs the restaurant side, and the guy that
runs the beer side, and come up with something that might be considered an operations
plan or a business plan, and let us see what that is, because then we could understand
what hours are you going to run, when are you going to have deliveries, how might we
be impacted? You heard him say this morning, or just now I mean, that they might come
in and deliver grain at 6 AM in the morning. Well, how many times a week are you going
to do that? Well, if thats a bother well push it back to 11. I doubt that. My wife and I
run a million dollar gourmet sandwich shop, 7 days a week, 11 AM to 10 PM. We have
people prepping at 6 AM in the morning for a sandwich shop. We have Sysco trucks
coming in at 6 and 7. We do not let Sysco trucks come into our business later than 9
oclock in the morning because it gets in the way of our business. Those are the kind of
things that we need to think about, and those are the kind of things that were concerned
about. So again, the summary of this is, we need to ask more questions than are being
asked here. Its about how much beer, what does it mean, we asked that, like I said, in
May, and he said hed come back to us with something like a business plan, we havent
seen it. Im getting ready, with my wife, to push the second store, in which well hope
therell be another million dollar gourmet sandwich shop. We have, WE, a small
operation like that, have a business plan. I would expect an operation of this size and
scale to have a business plan. Weve asked for it, we cant see it. So it makes me
nervous to be a resident next door to something that cant answer basic questions like
that for us. Im very nervous about it.

SEIPP: Before I call the next gentleman up, do you have anything else to add, Mr.
Deitrick?

DEITRICK: No.

SEIPP: Before I call the next gentleman up, Mr. Deitrick made a number of references
to the prior transcript, and I took the liberty of creating an excerpt of that, and highlighted
the portions that he just made reference to, and if you have no objections, Im going to
circulate a copy of this highlighted excerpt. The next gentleman I would like to call up is
Mr. Ronald Hubbard. You need to be sworn now.

ESHAM: Under the penalties of perjury do you hereby swear to tell the whole truth and
nothing but the truth?

HUBBARD: I do.

ESHAM: Your name and address, please.

HUBBARD: My name is Lane Robert Hubbard. I own a condo at 105-56
th
Street, #306,
and my home address is 10 Havenfield Drive, Baltimore MD 21234. Okay, Ill be real
quick. Personally I dont have a comment about the silo, I think it speaks for itself, its
out there. But I do have major concerns about the canning and bottling. When we
purchased our property, our resort property, we would like to keep it a resort property, I
feel that the canning and bottling would make it an industrial property. So I oppose it,
and I hope that this, I want to be a good friend to J osh, and his company there, a good
neighbor. Thank you.
21
SEIPP: The last individual that wants to address you is Mr. Chris Demopoulos. Chris,
would you come up here?

ESHAM: Thank you and please raise your right hand. Under the penalties of perjury do
you hereby swear to tell the whole truth and nothing but the truth?

DEMOPOULOS: I do.

ESHAM: And your name and address.

DEMOPOULOS: My name is Chris Demopoulos. My wife and I, we own a condo in
Maresol, #408. My home address is 6801 Capri Place, Bethesda MD. As I mentioned
before, we own the condo in Maresol building, located adjacent to the property 5501
Coastal Highway, where the OC Brewing Company currently is working to establish an
industrial, wholesale beer factory. We would like to make our opposition very clear.
Were not against the OCBC to operate a restaurant and/or a small-scale production of
beer, but we are against the above-referenced concept request because it will allow
OCBC to build without any limitations or variance, an industrial wholesale brewery,
capable of producing a high volume of beer and packaging it in a variety of ways. This
type of factory should be located in an industrial zoning, not in a mixed-use area. Based
on discussions with members of the Maresol community, and other neighboring property
owners, our opinion is shared as well. In addition to the concerns stated above (he is
referring to the hand-out that he distributed when coming up to the podium) we would
like to formally, in this public forum, bring the following items to your attention.

1) Based on our understanding of the Worcester County zoning ordinance, neither
the current approved use, nor the proposed future use sought by OCBC probably
fall under A the permitted uses; B the other listed Conditional Uses. None of
the permitted uses in the Local Commercial District (LC-1) Zone area are similar
to the manufacturing facility or to similar facility that regularly emits odors, dust,
and has a 31 foot high silo, with bottling and canning capabilities. The ordinance
states that for a Conditional Use to be acceptable, shall be in keeping with the
permitted uses. Therefore we believe the Planning and Zoning Commission has
misinterpreted the zoning ordinance to allow OCBC to operate a wholesale beer
production in the LC-1 zone. In addition, we do not know if the Planning and
Zoning Commission requested from OCBC to conduct any environmental and
socio/economic studies to determine any adverse impact that this factory will
have on the neighborhood. These studies are essential for the Planning and
Zoning Commission to adequately evaluate the OCBCs proposal.
2) The proposed modifications requested by OCBC is approved, would enable the
OCBC to establish an industrial, wholesale facility and will irrevocably harm our
neighborhood, devalue our investment in our vacation home and will have a
devastating effect on our way of life in Ocean City. For example based on my
research, there are studies that show that this type of operation with dust, etc.,
from storing grain in the silo, creates an environment that is high-risk for fire and
explosions.
3) If the Planning Commission allows these conditions to be approved, I believe it
will expose Ocean City government to a legal liability for affected citizens related
to property devaluation. In our opinion, this is not the kind of activity that supports
Ocean City as a tourist resort, where people visit and others invest to enjoy clean
air, water, and the other activities that Ocean City has to offer.
22
In conclusion, we believe that the proposed OCBC operation is inappropriate and out of
harmony with the adjunct buildings and their uses. Because the proposed brewery
would be located near the interests of Maresol who are particularly concerned about
safety issues, noise, trash, shadow effects, visual obstructions, increased traffic, parking
congestion, dust, offensive odors and the resulting and potential significant property
devaluation. Therefore, we hope that the OC government will not approve this request.
Thank you very much for your consideration.

SEIPP: J ust a couple of concluding remarks. Thanks for your attention. Actually you
can see that there are a diversity of views within Maresol, and I think that one thing that
has to be recognized here is that the Ocean City Council has already decided this
question; youre being asked to basically second-guess them, to hear more testimony on
them. I think based upon everything weve covered here tonight, reasonable minds
perhaps differ but I think the Ocean City Council made the right call on these two issues,
at least for now. My suggestion to you is lets get this place open, lets let it operate as a
restaurant, as a micro-brewery supplying the restaurant, and maybe lets see if they can
come back next year and try to ramp it up and do more. But lets get one year of
experience under our belt with the conditions that the Ocean City Council put out there
and then as its been said, they can always come back and ask for it to be amended at a
later time, but I think that everybodys tension level on this thing needs to go down, and
perhaps if theyre the good operator that they say they are, this thing will run very
smoothly for a year, on a limited basis, and the Maresol folks and the other neighbors
will have the confidence with their suggestion to ramp it out and decide to do a little
more. But I think they have to establish a track record first, have to build some
confidence first, and Im not sure that amending their Conditional Use before they even
get open is the way to go about it. Thats all I had to say, I think theres some others
who want to speak to you tonight. Thank you very much for your time.


HOLLAND: I do. Im Richard Holland, I live at 8625 Circle Road, Berlin MD. Im a part
owner of the Adkins Company. As you know weve leased the property to J oshua and
his mother. This evening youre considering whether to approve the bulk tank or and
also the bottling operation. I have some personal experience with bulk tanks because I
worked with Perdue for five years before I went to the Adkins Company. The idea that a
bulk tank would catch afire is completely false. Theres no reason for a metal tank to
catch fire with anything in it. You have to have a fermenting process; its an enclosed
system. The thing about bagged goods, as J oshua told you, its a very labor intensive
situation. Workmans Comp Insurance claims, that type of thing, is going to be much
greater for this business if you have a situation where hes forced to do bagged-goods.
Its a dangerous situation, hes going up on tanks to pour this amount in. Its a situation
whereby we all want to be green. The amount of trash involved with these bagged
goods, is tremendous. The dust problem within the building, will be tremendous. You
do a disservice to the Maresol and the Best Western, the two neighbors, if you dont
reconsider this, as far as the bagged goods. I do support the brewery. I thought it was a
wonderful thing for us to be able to get for Ocean City. I dont hear that from the people
around it. Let me tell you a little story, in 1978, we wanted to add on to the Adkins store,
but we added on a section, probably, Im guessing, 120 feet. And I received a citation
for filling wetlands in the rear of the building, and were 10 feet from the line. And then
along comes a few years later, they want to build the Maresol in the LC-1, and theyre
23
allowed to do that, so whos to say that Maresol shouldve been built, because of those
two items alone. However, those individuals know that they were building in a
Conditional Use situation. We still have LC-1 property I believe, there are those would
have you believe that its residential now. I dont think thats the case last time I paid
my taxes it was LC-1. And were trying to find something that will be good for Ocean
City. The building looks so much better, inside and out, then what it looked before. I
dont know if this business doesnt make it in Ocean City, what we would do. We could
go back with the lumber yard, I dont know. But theres noise factor, theres trucks, any
business you have you have those kinds of things. Theres a lot of speculation about
what its going to be in the future. Thing of it is, you have a Conditional Use on this, you
have the hammer. If somethings wrong, if somethings complained about, thats the
hammer, you come back, and you discuss it. So those are the kinds of things that I
think that in our position as the owner of the property, under the LC-1, were still LC-1,
we have certain rights, and we know we have to work with the City and with the
neighbors, to do the kinds of things, to have the kind of business that will be good for
Ocean City. Were in an area with 56
th
Street, thats in an area that has all kinds of
businesses that are involved with all kinds of beer, liquor and wine trade. So its sort of a
natural that it should be here, so the only thing I would tell ya, I dont want to take up a
lot of your time. I support what you have to do, I support the decisions you have to
make, and I will agree to whatever you all support, but I think this really needs to be
looked at because I think it will be great for Ocean City, and I really think the tank and
the bottling should be allowed because we ought to give this firm the chance that they
need in order to be successful, because we need successful businesses and restaurants
in Ocean City. Not too long ago we were worried about all the restaurants moving to
west Ocean City. Heres an opportunity to have a nice restaurant, okay? Thank you
very much.

STALEY: Yes, sir.

DEITRICK: I dont want to rebut this if you want to rebut that, but I would say to you that
Ocean City Brewing Company had an opportunity to be forthcoming and be a business
thats going to work in relationship to the surrounding area, and it, as you pointed out, is
zoned a certain way and its not residential. As Ive pointed out, if you go out there and
you open your eyes and youll look around, it has become residential. In J anuary, when
they came to you with their site plan, the opportunities for them to work with us and be
sensitive with residential neighbors next to them would be not to have grain storage for
their spent grain on the southwest corner of the property, but thats exactly what theyd
planned to do, exactly. Where is that? That is absolutely right next door to our pool
which we use 7 days a week in the middle of the season. The conversation in J anuary
with this group was, are there odors concerned with that, well yes, there are. Are you
going to put some kind of container on top of that? Well, no we dont need to do that.
Why is that? Well, were going to have it picked up every day. Well, how long is that
going to be? Well, itll be four or six hours and itll be sitting out there next to a pool.
When this discussion finally ended up, where it landed out of here was, well, we
shouldnt put a tarp on it because it doesnt matter, well have it picked up every day by a
certain time. What finally got worked out was well, well pick it up by sunset. Well
sunset is 8 pm in the summer in Ocean City, next to our pool, yeah? So I say to you,
thats sort of an example of theyre not forthcoming, and they havent been forthcoming,
and theyre not trying to be good neighbors, even though they say they are. The
business planning has not worked out that way. And I still contend, okay, they told you
24
10 different times in J anuary, theyre only going to brew a thousand gallons a week. Ask
them now and it will be multiples of that. That is not forthcoming.

ESHAM: Under the penalties of perjury, do you hereby swear to tell the whole truth and

DAVIS: Yes, I do. My name is J oy Davis. Im president of the board of directors of
Sunset Bay and we are adjacent to the Maresol. I reside at 5405 Coastal Highway, Unit
#501, Ocean City, MD. My primary residence is 1235 Lakewood Drive, Wilmington DE
19803. We sort of came on board a little late in the process. We were not informed of
any of the previous meetings. There had been a change of address in our management,
and everything went to the wrong address, and we kind of, were going on the coattails
of the Maresol, so we are just really learning a lot more about what is going on, and
needless to say, we are not happy. Again, we bought in a residential area. We do not
rent out our unit as many of our unit owners dont. We come down for the tranquility and
the enjoyment of the beach. Im a little bit knowledgeable of the bottling business, I
know, my husband had been in the bottling business, not beer, a soft-drink
manufacturer, so Im somewhat familiar with contamination, pests, pollution, and just
overall noises, and I dont care, when you get bottles clanking, thats noise. And if in the
summer, if their air conditioning is open, their doors are open, we are all going to hear it.
As far as a micro-brewery goes, I have no objection to that, but were talking about
building on in a small facility, and then adding on, and then today I hear about wine,
thats the first time Ive heard about possible wine manufacturing. So everything seems
to be progressing. We have a fear at Sunset Bay that we would give an inch and next
thing you know, weve got a yard, and Im also concerned about the pests that it will
attract, whether its the mice, the rodents, the cockroaches, which means exterminators
for them, and for us. Many of us have pets, we walk our animals, we have beautiful
wildlife around us, we have the bay, we have the beautiful birds. Im concerned about
them, Im concerned about the pesticides. So theres a lot to take into consideration. I
dont want to repeat a lot of what weve already heard. But again, the trucks, its going to
impact all of us. The trash, its going to impact all of us. We all knew when we moved in
there there were certain businesses that were already there, but this is just something
that I just dont believe belongs in a residential area, not in a resort area. Dog Fish Head
wouldve never been allowed in the City of Rehoboth. They took their manufacturing to
Milton. And I dont know what a facility cant be found right outside of Ocean City to
manufacture what J osh has in mind. Theres plenty of land, there must be plenty of
vacant buildings. Were all willing to support him, but hes got to support us and be
considerate of us, and I understand where hes coming from, but were concerned about
our resort, were concerned about the quality of life that we have here in Ocean City that
weve enjoyed for so many years. Were an original owner in our unit, and we love it
here, and we talk to everybody about how wonderful Ocean City is, and I just feel that
this is going to impact it in a very, very negative way. I think its going to set a
precedent; I think there will be other people who will say hey, if theyre manufacturing at
55
th
or 56
th
, why cant we do it? So, thats my thought on this, and I dont want to
necessarily repeat a lot of whats said, but we do agree with a lot of what Maresol said. I
do have some letters here from unit owners, I only have one copy of each. If youd like
to see a couple of these letters, Id be happy to pass it around. I have a couple of other
unit owners here who might be interested in speaking also. Thank you for your time.

STALEY: Is there anyone else wishes to speak? Yes, dear?

25

KARAMBELLAS: Yes, I do. Hi, my name is J oanne Karambellas. My mother who is 88
years old, legally blind, could not be here, Im speaking on her behalf. She owns Unit
505 in Sunset Bay. Her home address is, back home, her permanent address is 18520
Clovercrest Circle, Olney MD 20832. We, my mother is elderly, my father is gone, but
we started, they started coming to Ocean City in the 1930s and 40s. We love Ocean
City, weve watched it grow, we love it growing. Were not against change, but weve
owned properties since the 70s. Bought our first place in 71. I was a young girl at the
time, weve always come here, we love it, we talk about it to other people. We love our
unit, it overlooks the open bay. When we purchased it we knew Mackys was there, we
had no problem. We knew Adkins Lumber Yard was there, we had no problem with that,
but to have an industrial manufacturing right in our yard is just blowing my mind. I
cannot believe this. Ive been a real estate agent since 1989, primarily in Montgomery
County MD. This would never happen there. Im shocked that Worcester County is
allowing this, that Ocean City is allowing anything like this, and I just feel like I would do
disservice to my mother and my father, who loved Ocean City. My mother is still with us,
thank God, but she is beside herself over this situation, and a lot of people in my building
are very upset. Our pool overlooks, you can sit at our pool on the 3
rd
level, and youre
going to look at the silo, thats what were going to have to see when we look out on our
beautiful place, and I feel Im lucky that my units 505 because the only way Im going to
actually see the silo from my unit is if I look out my bedroom window, but the people in
the two bedroom units, their balconies are going to be their going to sit on their
balcony and look at the silo. I know already that we are going to have trouble. We have
two parking spaces per unit. We already have trouble with the Mackys people coming
over and parking in our lot; weve always got to worry about that. Now were going to
have trouble with these people coming over and parking in our lot. Its just very sad,
were original owners, we love the building, we try to keep it nice. Ive spent a lot of my
mother, our money keeping our unit in tip-top shape, keeping it painted, keeping it nice.
Im always, you know, its just very upsetting to us, to my family, and to a lot of people in
the building, and in the other two buildings that Ive spoken to, so, I think that J oy
mentioned that we just found out about this, I literally found out about this whole thing
two weeks ago, so, I still dont understand why, Ocean City who always sends my
property tax bill, we get that, weve never not gotten that. So why couldnt you have
notified us at our home mailing address and told us that any of this was going on? We
had no clue, so I dont think we wouldve let it get this far if we had known anything about
this, and I know it sounds like an administrative mess up, but we are very upset. I hope
that Ive gotten through to you all, and I really do appreciate questions that you were
asking. I felt that you were really trying hard to voice concerns of the residential people,
I just hope that you put some kind of cap on the amount. If youre going to go ahead and
say yes anyway, I think there has to be some kind of cap on how much they
manufacture, and I feel maybe all for their own personal use. This distribution thing can
get out of control. Thank you so much for listening to me, and if my mom were here,
shed thank you so very much for the same. Thank you.

STALEY: Anyone else would like to speak?


26
VAN KIRK: I do. Malcolm Van Kirk, managing partner of the Best Western Ocean City,
5501 Coastal Highway, Ocean City, adjacent property owner. J ust a statement. At this
point my family and I feel that the Mayor and City Council were trying to put rules in
place to protect the neighbors from the unknown of a project of this magnitude. We
believe that they were trying to strike a healthy neighborly balance in the area. We
support that balance, thank you.

STALEY: Thank you. Is there anyone else wishing to speak? Yes, sir?


OTOOLE: I do. My name is Stephen OToole, I own a condo at Sunset Bay, 5405
Coastal Highway, Unit 309. My home address is 1639 Sadlers Wells Drive, Herndon
VA. I agree with the comments of the people who have gone before me, and like the
others, I had no notice that this was going on until about four days ago, but I would say
listening to the Ocean City Brewing Companys comments. It appears to me, they dont
know what theyre doing, they dont know what their plans are. Its going to be a
continuing revolving door of getting permission for something, asking for something else.
I dont understand yet what exactly they intend to produce in there or how much, and
thats a concern. Im also concerned about traffic, noise, varmin and so forth. Thank
you.

ESHAM: You must come back to theand your name again?

DAVIS: J oy Davis. Our private parking lot was ripped up while they were doing some
construction, and to date, its not been repaired. They had to rip it up for an electric line,
and it was supposed to have been fixed. The season has begun and our parking lot is
still not fixed. Thank you.

STALEY: Anyone else wishes to speak? Questions by the Commission?

GILLIS: I just have some comments. I had the pleasure of serving on the Salisbury-
Wicomico County Planning and Zoning Commission, and one of the biggest conflicts
there was rural agricultural and residentials and where residential developments would
be plopped in the middle of a farm field and then all of a of sudden, all the residents
complained about the farming operations, whether it was grain delivery, or chickens, or
what have you, or odors, or what have you, but they were plopped, their developments,
in the middle of a farm field, and that was a big problem in that type of conflict of zoning
issues. And here we have an industrial type zoning with the allowed Ocean City Code
which I understand it allows residential properties in, you could down zone, or put that
kinds of properties in there. So were going to have those conflicts because its inherent
in our code. So thats a concern we have today, weve had before, and were going to
have continue unless thats fixed. Weve had an exodus of businesses on this island for
the last ten to fifteen years. And when you want to go to a restaurant, its typical to go to
west Ocean City or some other place, and so all Ive heard from the Planning
Commission before is that we need to encourage businesses to locate here, and operate
other than condominiums. I think it was George Patton that said Id rather implement an
imperfect plan than never implement a perfect plan, and I think we have some young
entrepreneurs who dont exactly know what their plan is, but theyre moving forward with
it, and nothing Ive heard so far tonight that they dont have a general plan. But do they
27
have a business plan that itemizes every decimal point, and every gallon, and every
tank? When you deliver milk, you package it in little cartons, you package it in pints, you
package it in half-gallons, you package it in gallons, you package in bulk tanks, etc., etc.,
so I think that one of the things that Im hearing tonight is that the brewery wants to put
canning

TAYLOR: Well, Palmer

GILLIS: just please. Weve listened to a lot of testimony tonight

TAYLOR: well, you might want to close the hearing first and then do discussion.

GILLIS: well, Im half-way through it, so, if youll allow me to finish. We have multiple
ways of packaging milk, and I think what these gentlemen are trying to do, is try to
package their product in different ways. Ive heard about dust, I think the auger and the
tank, which weve already proved would be the way to go with that, Ive heard that
suggestion, I think Ive heard Mr. Miller and some other people talk about that, I think
that is a problem. Noise, when you close the doors, and the canning operation and the
bottling operation, thats going to be contained inside the building. Nobody lives with
more noise than I do with J olly Rogers and Speed World and the announcements and
the loud speakers. Property values, if were going to testify about property values
tonight, we ought to have a real estate appraiser or somebody to offer professional
testimony. And I think that these guys have done a good job, and I would hope that this
Commission would give a unanimous support for the tank, and the bottling and canning
operations tonight. Sorry if I was out of order.

STALEY: I wanted to see if there was any more questions.

MILLER: I have no questions right now.

STALEY: No questions. Okay. Close the hearing. Okay, go ahead.

SHORES: The craft beer business is evolving. And over the past 8 months, Ive learned
a lot, so our business plan keeps constantly changing as we talk to other brewers. We
talked about Dog Fish. Dog Fish is expanding, they have a whole distillery at their place,
and theyre expanding the whole back end as a distiller now, a full distiller in their original
location. If you want to address the trucks. Weve actually taken away all the trucks,
about 80% of our truck traffic has been taken away by signing with the distributor, by
using the silo, and by bottling and canning. We can go to Baltimore, like Thin City, and
produce all of our cans and bottles out of Baltimore, and bring them all in. And then
youre going to have tons of trucks, because we can still sell our cans and bottles, but
we dont want to do that because we want to have a product thats made on the premise.
And its not a lot. If we can and bottle five barrels, ten barrels, of each product, its not a
lot. Where we have to bottle 90 barrels of every brand in Baltimore on their tanks at the
contract brewer. Weve addressed the truck issue, its 80% removing, weve removed
80% of trucks by bringing a silo and our own little canning and bottling operation. Were
not a big manufacturing or industrial plant. We dont plan on being a manufacturing
industrial plant in Ocean City. We do have plans to open up in west Ocean City, a big
plant, just like Dog Fish, but to get started, we have to find out whats going to sell
cans, bottles, kegs, growlers. We need to have access to all of these, but at a small
pace. I dont want to go buy 50 pallets of bottled beer out of Baltimore, brewed here, on
28
the bottle and the can that says Brewed and Bottled in Baltimore, but Ocean City beer.
I dont want to have that, I want to find out and evolve as the time goes on. Pests we
have a contract with a great pest company. And the silo actually takes away most of our
pests and bugs as it is. Weve addressed the trash issue. With the silo, there isnt bags
and bags and bags of grain. You can see it now, we have grain up there. Every pallet
that comes in, we dont know what to do with half these bags. Its going to go right into
the big compactor. The noise, weve addressed that doors come down, you wont
even hear it. You wont hear the bottling and canning any more than us bringing in 15
pallets of cans or 15 pallets of bottles from Baltimore. But we want to start small, we
want to grow, but we need to have access to all this to grow. Thats what I wanted to
say.

MILLER: Would you be willing to put a cap on the amount of production that youre
putting out this year, this first year, and then well re-evaluate in the fall for next year?

SHORES; Because we only have the facilities to produce 6,000 barrels if we did our two
lagers and our two lights

MILLER: You mean 6,000 a week?

SHORES: No no, 6,000 total!

MILLER: Well, lets go back to what we were talking about, the1,000 gallons or
whatever we were talking about.

SHORES: Okay. Well, here, lets talk about that. Because it depends on the lager,
lager takes 5 weeks to manufacture, for it to ferment. The ales take two to three weeks,
so if we use two of our big 60 barrel tanks for lagers, and we use the other 6 tanks for
ales, we will only be able to produce, maybe on average, and thats at full production,
that is cranking, non-stop, which is not going to happen, and thats why Mark, our
brew

MILLER: Thats how much?

SHORES: 3,000 barrels.

MILLER: 3,000

SHORES: I mean Im sorry, 3,000 gallons per week. Thats cranking full

MILLER: And thats if youve got, bottling, canning, everything.

SHORES: Canning and bottling have nothing to do with our production whatsoever. It
just adds an extra, we need to have it on the label, and we want to have it as extra
products to see whats going to sell.

MILLER: So if we said, were going to limit you to 2,000 this year and come back next
year if you want to increase production

SHORES: How can you do that? We cant

29
MILLER: Im just asking the question.

TAYLOR: And hes already shown that he doesnt have any regard for conditions. He
just wants to have something to sign off on just to come back and say it changed.

CROPPER: That would probably be an appropriate condition for the Mayor and City
Council to put on it, but they could do that.

MILLER: Im looking at car traffic, truck traffic, and thats all very pertinent to what were
talking about, the amount of production theyre putting out.

SHORES: But Ive removed a lot of truck traffic, I have a distributing license in the State
of Maryland, weve already cut that out.

MILLER: I understand, Im just saying, I think its all pertinent, it all comes in as part of
the play. Im just looking at perhaps a limitation on the first year of what you can do, and
let you experiment with all the different things you want to do, bottles, cans.

CROPPER: (again, Hughs statements are unclear because of his position at the front
table and not directly in front of the microphone).

MILLER: And when youre talking about bottling and canning, how often were you
planning on doing this to this capacity?

SHORES: Capacity will only be about 4 or 5 barrels of the weeks batch.

MILLER: How often, once a day?

SHORES: No, I already told you maybe every couple of weeks.

MILLER: J ust putting it on record.

SHORES: Oh Im sorry, maybe every couple weeks. Because they wouldnt come
down here, wed have to have, thats a long trip for a mobile canning and bottling
operation to come down, they would come in and set up maybe 20 barrels.

MILLER: And they would shut the door and do it inside.

SHORES: 100%. And that doesnt increase production at all, were still going to keep
up with production and do kegs or growlers and stuff like that.

SHANAHAN: Id like to ask you a question. Your plan is kind of evolving. It almost
seems like your bottling operation right now, brewing is almost, I mean, you dont have a
ton of space, really. Its like its almost like a test. If its very successful, the smart plan
would be to move off the island to a less expensive piece of property and do you
bottling, canning, brewing out there.

SHORES: 100%.

SHANAHAN: Is that your general plan right now?

30
SHORES: That is correct, that is what we plan on doing. We have some property in
sight that wed like to expand on, and thats where we would bring in, if we were canning
or bottling or whatever takes off, thats what we would build the you know.

SHANAHAN: I mean, I dont have a crystal ball and neither do you, but it almost sounds
like theres a lot of beer mongering going on, that theres going to be all these trucks in
and out of there all the time.

SHORES: But we dont want

SHANAHAN: And personally I dont read into that. I know we are responsible for
keeping the integrity of the neighborhood, but it is a commercial piece of property. You
want to be a good neighbor it sounds like. The best advice Ive heard is let them get
open for a year, see how it goes, and let all the proverbial dust settle, okay? So we
should strike some kind of a balance here, because we do need successful commercial
operations in Ocean City and as Palmer indicated, they have headed across the bridge
for several different reasons, and the first one, because the property is more valuable as
a condo, and got built by a condo, and now its because we have residential next to
commercial and inevitably were going to bump heads with the residents. But the
commercial beach property has the right to operate, but you have to be a good neighbor.
It sounds maybe you couldve been a little proactive, more proactive with the
neighborhood, and as far as theyve indicated they wanted a little more information from
you, I think that mightve smoothed some things over a bit better but, I dont see you
making a ton of beer out of this place and it turning into this giant industrial park.

SHORES: No, not at all.

SHANAHAN: And I wanted to comment because I picked up on the fact that you said
hey, were gonna be looking for another piece of property to really do stuff when the time
comes.

TAYLOR: (Comment unclear)

SHORES: Correct, on the can or bottle

SHANAHAN: But its still a commercial piece of property.

SHORES: we dont want to buy beer made in Baltimore and have it brought in in a
can or bottle and sold to our customers. We want to have on the can and bottle, if we
want canning and bottling as small as the operation is, just a little bit because the state
and federal law, we have to put on there where every ounce of beer comes from; and if
its brewed in Baltimore, we have to put it on the can. I cant sell an Ocean City beer
stating brewed and bottled in Baltimore, brewed and canned in Baltimore. I dont want
to do that, and thats what everybody right now is doing. Everybodys going right over
the, right to Baltimore and brewing out of um, I cant think of the contract brewer,
Peabody Heights. I dont want to have that. I want to have a smaller operation, just as
small, you see how small that operation is, its the size of a hospital stretcher to can and
bottle, and then put on our can and bottle exactly brewed and bottled by Ocean City
Brewing Company in Ocean City, Maryland. And thats why I want the canning and
bottling.

31
CROPPER: (Again very unclear will fill in as I can understand it.) I want to wrap it up
and we can take your questions

STALEY: Lauren, do you have any questions?

CROPPER: I do want to (unclear). I do want to remind you that the Mayor and City
Council and the Zoning Administrator have determined this is a Conditional Use,
(unclear) respectfully, (unclear) you have a site where a, this is from the Municipal
Record, that was granted a Conditional Use in 1973 (unclear).

STALEY: Thank you. Motion to close the hearing?

TAYLOR: So moved.

STALEY: Peck?

MILLER: (Assented with a nod)

STALEY: So be it, done.

GILLIS: I guess I already said mine out of order, didnt I?

STALEY: Youre alright.

SHANAHAN: Ill make a comment. It looks like, obviously it went by evolution, to check
out their operation and learn from people that had been doing it for a long time and so,
the silo, which personally I liked initially, I think it gives the building character. Obviously
some people consider it an eyesore, I think its a matter of opinion, actually. But I think
its a draw for the building, I think it eliminates that long piece of metal on the south side,
and I think it will give it a lot of character. I feel thats a necessity. I think, looking at the
pictures, you couldve messed it up a little bit to make it look messier but, it looks like its
a pretty messy operation to have inside, and I think the silo would be a definite benefit.
To the business, as well as the neighborhood. Thats my personal opinion, I personally
like the silo. Alright?

STALEY: Lauren?

TAYLOR: Yeah, I disagree. The silo is a rural object, it is an industrial object, it doesnt
belong in the middle of what has become a residential area. The liquor board
recognizes too that the character of the neighborhood can be determined, thats the
determining factor. When somebody new comes in, they have to be aware of whats
already there, what is already onsite, and what is already onsite is residential. So I
disagree with a lot of people here, but I think to (unclear) to industrial in a residential
area in a resort town. We are a resort, again. Were trying to keep this resort image and
I agree with the Mayor and City Council, Im sure why they did it. And I dont think
neatness is a reason to change that or because its easier for somebody or whatever.
We have this, when this first was brought to us, it was going to be this little kind of
operation; they were just going to brew a little beer, they were going to sell a little beer,
they were going to have a restaurant, and then as I mentioned before, all of a sudden,
then they went to the liquor board and they wanted to sell five wines and three liquors
and the liquor board said no. Then they sign an agreement with the City and the Mayor
32
and Council and show no respect for us by saying well, we agreed, but we came to
Planning and Zoning, we agreed with you, and then we went to them, and then we
signed everything, we wanted to get open but, really, that was just to get by. And now
were back again to do it all over. And once you see that kind of a pattern, we see not
transparency in all negotiations, then you wonder, what happens if the restaurant fails.
Are we going to brew more beer there? What are we doing to do with that space?
Again, were putting, were upping the anty here, making it more of an industrial use in a
residential area. Before it was just kind of a fun restaurant that also brews beer and
serves beer, and thats a whole different concept than where we are now, and again
because conditions, clearly they dont care about conditions. I dont care if you put on
conditions, theyll come back and say they want the conditions changed. So, you know,
my feeling is the, I agree with the Mayor and City Council and I think they made the
decision the first go-around and I support that with them.

BROUS: I think the silo, lends character to the building, I think it will make things better,
again its personal opinion, if done right. Otherwise the evolution will cost us. I agree
with a lot of changes, its not like a year later, oh by the way (unclear). If its done right, it
could be good, the good news is with the Conditional Use we have the hammer too, it
might help.

TAYLOR: I think it makes sense about waiting a year and reassessing the operation, it
should be considered, Im not closed to that, but I am for right now.

GILLIS: The silo or the canning, or both?

STALEY: The whole thing.

TAYLOR: The canning probably.

CROPPER: The volume will still be the same, the production, whether you can, bottle,
or keg or growler.

MILLER: My thoughts on it are I think the silo is probably safer way to go for Ocean City
Brewing. If I look at, up by Route, by the Bay Bridge, you have that windmill up on the
pancake house, Red, Hot & Blue. I mean, its not a place for a windmill but you definitely
knew were it was and what it was, it defined the pancake house. The silo will define the
place from the design standpoint. I think they can make it as attractive as can be and
make sure its safe and doesnt get damaged. I think its probably the better way to bring
the product into Ocean City if youre going to have it, period. The bottling and canning, I
understand the importance of branding your product and having it there, and the
importance of brewing it onsite. I think there should be a limitation on what you can
produce out of there, and I would strongly hope that this board makes the decision to
request the Mayor and City Council to make the limit as to the volume they can pump
out of that place. I think that the property is too small from a parking standpoint to have
a 6,000 square foot restaurant and a huge brewery, its a lot going on. I think we need to
look at it, quite honestly Id be willing to go for a year Conditional Use permit and look at
it again next year to see how it works. I dont want to give a permanent Conditional Use.
But I would go for the bottling and canning on the scale that you talked about. Id go for
the silo, because I think its safer. I think that you need to prove to all of us and your
neighbors that its the right thing youre doing it for, and thats gong to be over the period,
in my mind, a year. And thats where I have my hopes on.
33

STALEY: Well, my opinion is its a Conditional Use and if were going to have a problem
with it its going to come back here anyhow. And so Im in favor of saying yes. I like the
silo, I think thats going to be a vast improvement. As far as the rest of its concerned,
its going to come back to us. If it doesnt work, were going to be the first ones to hear
about it.

MILLER: Id like to put the parking of trucks and (unclear) things that were looking at a
year from now.

SHANAHAN: How could you monitor the beer?

MILLER: I dont know. Thats for the Mayor and City Council to find out how they want
to handle that. I just need the

STALEY: Well, its a guess, all it is is a guess.

TAYLOR: Whos, whos going to administrate that?

MILLER: My concern is the public safety, how the traffic is going to work in that
neighborhood itself, and well be able to evaluate that as a whole 9 months from now.

STALEY: And if it doesnt hurt, guess and theyll come back.

MILLER: Well do a one-year from the Citys permit office.

TAYLOR: Okay, but you say you can put in the silo now, but you really have to take it
out

MILLER: If it doesnt work. Yes, Im sorry.

SHANAHAN: Hes agreed to everything else, he needs to get open.

GILLIS: The canning and bottling function, its a function of how its packaged. The
volume, if Im understanding correctly, will be the same volume, but will be delivered in
different containers, whether its a growler, or a can, or a bottle, or a keg, or some other
method of doing it. So I dont see where the volume that we originally talked about,
whether its a thousand gallons a week, or 3,000 gallons a week, it still comes to the
number of batch I dont know what the big tanks are called - but the large tanks can
only produce so much and one day he might be producing more than another day. I
dont know how were going to enforce it.

MILLER: Well my biggest thing is incumbent upon the operator to be a good neighbor,
to make it work, to come back a year from now or nine months from now and say I want
to apply for a 5-year permit or whatever, because were successful and we want the
support of the neighbors to be behind it. And thats my goal to have it permitted. Thats
how, ideally, Id like to see this come down. Because, I think youve got to have a shot, it
is evolving, as it evolves, we should be a part of it, we dont just give a carte blanche,
you know, carte blanche, for everything they ask for.

BROUS: (unclear) If you get that big, I would hope, youd move out of town.
34

SHANAHAN: It just sounds like it takes some time to brew this stuff and theyre going to
consolidate a bunch of it before a truck shows up to pick it up. Theyre not going to
coming every 3 days, theres lag time involved as well. I mean, Im concerned about the
traffic as well, but I dont think its going to be as bad as, truck traffic, Im talking about,
and obviously he addressed the delivery traffic. The only other traffic is, (unclear) in the
LC-1 parking lot right there. Theyve built a beautiful fence around it, theres landscaping
going around, I actually went there today to walk around so I could talk about it a little
more intelligently, and theyve done a really good job. When you just picture all that
lumber sitting back there (unclear).

MILLER: (Most of this statement is unclear), One is the service, the other is the parking.

STALEY: Now does anybody else have any comments? You want to make a motion?

SHANAHAN: Ill try to make a motion.

STALEY: Alright.

SHANAHAN: Id like to make a motion that we approve the silo in this location

TAYLOR: We cant approve it

SHANAHAN: Recommend, recommend that they approve the location of the silo as
indicated. Id like to recommend to approve the canning and bottling as well. As far as
conditions, I like Pecks idea that the one year probation, that theyd have to come back
to us. And um

MILLER: Actually a one-year Conditional Use permit.

SHANAHAN: Okay. And Im sure it will be very self-policing by the people out here if it
is approved by the Mayor and City Council. As far as coming back and letting the City
know what the problems are.

ESHAM: Palmer, did you want to add anything about parking?

GILLIS: No, I dont. I want to keep it clean, this is supposed to go to the Mayor and City
Council, I think theyve heard my concerns. I was coming in here this evening with a
whole different point of view on this because that has been so upsetting to me about the
backing up into Coastal Highway. But it appears theyve addressed it and theyve also
assured me that theyll provide some traffic direction signals.

ESHAM: Did you want to make that required is what Im saying?

GILLIS: No, I dont. Because if its a one-year Conditional Use then if they come back in
a year and its not there, then Ill have a problem with it then.

MILLER: I mainly want to add in there that we want to look at over the year is backing
up on Coastal Highway and the big tractor-trailers moving around in there.

35
ESHAM: Well, if its coming back on the Conditional Use youll be able to consider those
issues.

MILLER: Okay.

GILLIS: Id like to second Chris Shanahans motion.

STALEY: Alright, we have a motion and a second. All in favor?

COMMISSIONERS GILLIS, BROUS, MILLER, SHANAHAN: Aye.

STALEY: Opposed?

TAYLOR: Aye.

STALEY: Im not opposed. So we have four, five (5) for, and one (1) against.

Respectfully submitted,

Karen G. (Kay) Stroud
Zoning Analyst
J une 12, 2014

36
SITEDATA
OWNER: OCEANCITY BREWING CO.
ADDRESS: 5509 COASTAL HIGHWAY
EX ISTING CU RB AND SIDEWALK
OCEANCITY,MD,21842
TAX MAP: 113
PARCEL: 6746
DEED REF: FWH 282/378
PLATREF:
SS__
FLOODDATA: F. I. R. M.# 245207 0002 F,
EX ISTING DOWNSPOU T
DATEDMARCH 4,1986
EX ISTING SEWER MANHOLE
ZONEA6(EL'8)
THISSITEISWITHINTHEATLANTIC COASTAL BAYSCRITICALAREA.
BU ILDING SETBACK S:
SAWCU T AND REMOV E
FRONT 10'
SIDE 10'
REAR 10'
BU ILDINGAREA:
PAV EMENT TO INSTALL
EX ISTING 17,400 SQ.FT.
PROPOSED 17,400 SQ.FT.
FU TU RE 0 SQ.FT.
BU ILDING U SEGROU P: MIX EDU SE SEPARATED
RESTAU RANT(A- 2) 5,704 SQ.FT.
RETAIL(M) 2,040 SQ.FT.
BREWERY(F- 2) 9,656 SQ.FT.
REGU LAR H/ C
REQU IRED: 72 3
PROV IDED: 72 3
LEGEND
PROPERTY LINE
EX ISTING CONTOU R
EX ISTING PARK ING STRIPE
EX ISTING FENCE xxx
EX ISTING SWALE
WHEELSTOP, TYR
EX ISTING CU RB AND SIDEWALK
U NDERGROU NDCABLE LINE
U NDERGROU NDELECTRIC LINE E
U NDERGROU NDNATU RAL GASLINE G
U NDERGROU NDSEWERLINE SS__
U NDERGROU NDWATERLINE W_
EX ISTING DOWNSPOU T a
EX ISTING SEWER MANHOLE
EX ISTING STORMWATERSTRU CTU RE
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EX ISTING WATERMETER
SAWCU T AND REMOV E
EX ISTING WHEELSTOP
8'
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EX ISTING POLE-MOU NTEDLIGHT
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EX ISTING LANDSCAPING ROCK
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EX ISTING GRAV EL 0
EX ISTING LANDSCAPING
PROPOSED PAV ED PARK ING` /
PROPOSEDLANDSCAPING ROCK t
PROPOSEDGRAV EL
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PROPOSED LANDSCAPING
PROPOSEDWALL-MOU NTED30WATTLEDLIGHT
PROPOSEDWALL-MOU NTED58 WATTLEDLIGHT m
PROPOSEDPARK ING STRIPING
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5. 1 Siil _4.9W V V v.a: r / 4.Wt/
t---
J J 5r INSTALL NDS DU RASLOPE TRENCH PROPOSED&
DRAIN OR APPROV ED EQU AL V INYL FENCE
c
6' TALL
V INYL FEN
4' x4' TIMBER EDGING
REPLACE GRAV EL BEHIND 6' FENCE, AS
NECESSARY
1 '
REPLACE WITH SU ITABLE
PLANTING MATERIAL
SECTION C-C
NTS
LANDSCAPELEGEND:
BETU LA NIGRA/ RIV ER BIRCH 5
N
GRAPHIC SCALE
IN FEET)
1 inc h= 20 ft.
5 -6 FT. > 3" PER PLAN 100 SF/ 500 SF/
I B& B CALIPER$ 100 $ 500
5 -6 FT. > 1.5" PER PLAN 100 SF/ 1500
SFj B& B CALIPER$ 100 $ 1500
1 GAL. 24" MIN. PER PLAN 50 SF/ 1600 SF
CONT. HGHT/ SPRD$ 50 $ 1600
1 QU ART 1 - 2' ON 2 SF/ 102 SF/
CO CENTER$ 2 $ 102
3702 SF
3702
LAGERSTROEMIA INDICA' CATAWBA'/ 15
43) CATAWBA
CRAPE MYRTLE
O=
ABELIA' EDWARD GOU CHER'/ 32
EDWARD GOU CHER ABELIA
Q=
LIRIOPE SPICATA/ 51
CREEPING U LYTU RF
TOTAL
103
SAWCU T AND REMOV E EX ISTING
I
PAV EMENT; PRIWIDE STRAIGHT,
CLEAN EDGE; FREMOV E SU RFACE
OU RSE AND SU BSU RFACE STONE
TO A DEPTH OF 1' BELOW
STONE LAYER
Ll
EX ISTING PAV IING SECTIOD
e' STONE SLU BSU RFACE
tOV IDE CONCAV E
PLANTING BED
Catalog Nu mber
Ty p e
Date
Prep ared By
EX ISTING
8 CY.
WHEELSTOP, TYR
Mod d
6'
NBCTRICAL 120. 277V AC p ow er Su p p ly w ilh su rg e s oted bn. Paver fac tor 6> 0.9.
PROPOSED
Pow m su p p ly is momNd in c hild c ernad w ith alu minu m hou sing for c oc i op eration
WHEELSTOP, TYP-
PROPOSED
COMIPACTOR
PROPOSED
aSTRIPING,TYP.
Mo, and 85W c alls ass three.
@ROPOSED
V IN FENCE
Ww
1.75"d eep bac k p lanes M( saind ord B5W; national m36W and SIW u oiel p rovid es an stand ard m85W u nits) for a 1. 75'd eep d ie oast bac k p late v& 1/2"top /how HIT
ad d itional l /Trop / hoOomHIT as w al mbac k k nod c ou l. and boc k c enter k nac k ow for c end u 8 feed or semors.
Ww N o SAWCU TANDREMOV E
PROPOSED8' t_
n
Q 0
on N PAV EMENTTOINSTALL
V INYLFEN 1E 4 :: J
PROPOSED PAV ED PARK ING` /
LANDSCAPING BED
I PROPOSED 72 SPACES)
TRANSFORMER
PAD
LA-
I4. 25'
5. 1 Siil _4.9W V V v. a:r / 4.Wt/
t---
J J 5r INSTALL NDS DU RASLOPE TRENCH PROPOSED&
DRAIN OR APPROV ED EQU AL V INYL FENCE
c
6' TALL
V INYL FEN
4' x4' TIMBER EDGING
REPLACE GRAV EL BEHIND 6' FENCE, AS
NECESSARY
1 '
REPLACE WITH SU ITABLE
PLANTING MATERIAL
SECTION C- C
NTS
LANDSCAPELEGEND:
BETU LA NIGRA/ RIV ER BIRCH 5
N
GRAPHIC SCALE
IN FEET)
1 inc h= 20 ft.
5 - 6 FT. > 3" PER PLAN 100 SF/ 500 SF/
I B& B CALIPER$ 100 $ 500
5 - 6 FT. > 1.5" PER PLAN 100 SF/ 1500
SFj B& B CALIPER$ 100 $ 1500
1 GAL. 24" MIN. PER PLAN 50 SF/ 1600 SF
CONT. HGHT/ SPRD$ 50 $ 1600
1 QU ART 1 - 2' ON 2 SF/ 102 SF/
CO CENTER$ 2 $ 102
3702 SF
3702
LAGERSTROEMIA INDICA' CATAWBA'/ 15
43) CATAWBA
CRAPE MYRTLE
O=
ABELIA' EDWARD GOU CHER'/ 32
EDWARD GOU CHER ABELIA
Q=
LIRIOPE SPICATA/ 51
CREEPING U LYTU RF
TOTAL
103
SAWCU T AND REMOV E EX ISTING
I
PAV EMENT; PRIWIDE STRAIGHT,
CLEAN EDGE; FREMOV E SU RFACE
OU RSE AND SU BSU RFACE STONE
TO A DEPTH OF 1' BELOW
STONE LAYER
Ll
EX ISTING PAV IING SECTIOD
e' STONE SLU BSU RFACE
tOV IDE CONCAV E
PLANTING BED
Catalog Nu mber
Ty p e
Date
Prep ared By
Arc Lu me
Fu ll fu taffArc hNec tu ral
LED Wallp ac k
au a w nu w m
DISIi1lIi1TS" a
EX ISTING
U J w
Z WHEELSTOP,TYR
Mod d
HOU SING/ I ENS/ OPTICS U Mtad d u minu m hou stog in brew finish w ith d am NBCTRICAL 120. 277 V AC p ow er Su p p ly w ilh su rg e s oted bn. Paver fac tor 6>0.9.
PROPOSED
Pow m su p p ly is momNd in c hild c ernad w ith alu minu m hou sing for c oc i op eration
WHEELSTOP, TYP-
and lag er 116. Din c mmw h 700 mA. 30W u nits u se one p ow er su p p hy ; 58W u nh u se
g ask efing arou nd lemend Intel bod lp lom and homing aw ls oar c ernmNnmw s Mo, and 85W c alls ass three.
Op tional d iffu ser imart( ADU available for ap p imBw s requ iring g remN d iffu se fig ht. u sMg ' ap Sp ec ify op tim DBS ACCESS WIRING Ho inc lu d es I/Tt/ bNtam NIT.
1.75" d eep bac k p lanes M( saind ord B5W; national m36W and SIW u oiel p rovid es an stand ard m85W u nits) for a 1. 75' d eep d ie oast bac k p late v& 1/2"top /how HIT
ad d itional l / Trop / hoOomHIT as w al m bac k k nod c ou l. and boc k c enter k nac k ow for c end u 8 feed or semors.
LA PROP D3. 5'
Bank p lates and hou sing anYxe instaled brac k et to hold fixtu re d u ring ek ing . Bac k p late
V INYL FENCE
Arc Lu me
Fu ll fu taffArc hNec tu ral
LED Wallp ac k
a u a w nu w m
DISIi1lIi1TS" a
The Arc Lu me LED w allp ac k srep lac e I DOWto250Wmetal halid e w allmou nted fixtu resw hilec onsu ming u p to70%less en-
erg y and op erating for 50,000 hou rs. The Arc Lu me is Desig nlig htSTM Consortiu mlisted w ith anexp ec ted servic e life is more
than 13 y earsof nig httime u se.
Mod d
HOU SING/ I ENS/ OPTICS U Mtad d u minu m hou stog in brew finish w ith d am NBCTRICAL 120. 277V AC p ow er Su p p ly w ilhsu rg e soted bn.Paver fac tor 6>0.9.
p oly c arboad e Nm.Thermoly "id LLOs* lk fou Op *6innp rated hear sink fies Pow msu p p ly ismomNd inc hild c ernad w ithalu minu mhou sing for c oc i op eration
p rovid esfar mak er op eraHmand maxmu mLEDop erod u l We.Wealhw p roof d lk me and lag er 116. Din c mmw h 700 mA. 30W u nits u se one p ow er su p p hy ; 58W u nh u se
g ask efing arou nd lemend Intel bod lp lomand homing aw ls oar c ernmNnmw s Mo,and 85Wc allsassthree.
Op tional d iffu ser imart( ADU available for ap p imBw s requ iring g remN d iffu se fig ht. u sMg ' ap Sp ec ify op tim DBS ACCESS WIRING Ho inc lu d es I/Tt/ bNtamNIT.
1.75"d eep bac k p lanes M( saind ord B5W; national m36Wand SIWu oiel p rovid esan stand ard m85Wu nits)for a1. 75'd eep d ie oast bac k p late v& 1/2"top /how HIT
ad d itional l / Trop / hoOomHITasw al mbac k k nod c ou l. and boc k c enter k nac k ow forc end u 8 feed or semors.
Ang led LED mou nting Su rfac e c embined rd lhtmeg ral 9S%rellmfiveAMINO Fac effec tar MOU NTING Stand ard bac k p late Inamou rning oar a4'rec esmd Wonbox.
p rovid esd g oific anc ly w eforw ard throw g lu meftd arnry p iml fu ll tu toff 191 Bank p lates and hou sing anYxe instaled brac k et to hold fixtu re d u ring ek ing . Bac k p late
w alp mk s.Dk Mhu lionhNEV ATy p e Wshad . ind i d esc entsk "oar far c ond u it og eesand d rill p oints.The rec ommend ed w oo
LEDAvailohle M3 fig ht Isnk ; 19001enem(301639001u w mISM,and 5800 mou nting heig ht of theof the ARCL LEDw alp mk h10 h.to24 h,Rac ehd esig ned to
homes185111 m4000NM; ; > 80 CN.191 op arafing hie 50, 000 hou r LID.lig ht be nsteled inthe d mmw rd fac ing p od limonly .
w p imsramMof 1,2,ar 3 d f ivi4omd array smw mec d irld to*me* shies LISTINGS U L WNLoc ation.Ded g id ig hh' a' Caanarnamlisted .
p atenmmtan* . WARRANTY 5 y ears
Delivered lu mens
Consu lt an ap p lic ation eng ineer far sp ec ific lig ht levels
Arc Lu me LED Waflp ac k Ord ering Informd lm
58 = 581 ( 41
85 = 8SW
1 = 1101; 2 =277
smru mw ammmou mmm. mrmrw xras:smzaammsmanw oxw w mmvw m Phone( 800) 523-3602 Fax(215)831. 7703w Ww . slmk ac c om w 0ovatd nw k vru xvoo 12182013
11.4' )
TYP\ EX ISTING SIGN,
n
i
ELEV ATED 12'
V
11
i I
c I
N 1 EX ISTING CU RB
CU T, TYPICAL
1
WA
h
r . I
0. 815
25x"
Ile' I
Arc Lu me
Fd Cu toffArd lDeau ref
LED WaNp ad c
1 ,,.
00 I
I ] S3' I
rr % I
n aha x_s
e
LA- 1 219
Mod d MmlFmxU M n Re oasu ro"
ARCl3Wl SOW rota IWYYMN
ARO58111 SMY 390Dhonmu 390 tl roar' V SWMH
AROBSU I BSIN 58001mw u U sro14' 250WMH
Delivered lu mens
Consu lt an ap p lic ation eng ineer far sp ec ific lig ht levels
Arc Lu me LED Waflp ac k Ord ering Informd lm
58 = 581 ( 41
85 = 8SW
1 = 1101; 2 = 277
smru mw ammmou mmm. mrmrw xras:smzaammsmanw oxw w mmvw m Phone(800) 523- 3602 Fax(215)831. 7703w Ww . slmk ac c om w 0ovatd nw k vru xvoo 12182013
11.4' )
TYP\ EX ISTING SIGN,
n
i
ELEV ATED 12'
V
11
i I
c I
N 1 EX ISTING CU RB
CU T, TYPICAL
1
WA
h
r . I
0. 815
25x"
Ile' I
Arc Lu me
Fd Cu toffArd lDeau ref
LED WaNp ad c
1 ,,.
00 I
I ]S3' I
rr % I
n aha x_s
AREA SQ. FT.
LA- 1 219
LA- 2 4668
LA- 3 615
LA- 4 240
LA- 5 1100
LA- 6 GRAV EL 280 2 = 140
4
6982
TOTAL AREA 52 500
TOTAL COV ERAGE 45 518
r ale, 1k
s
rr
p T@TDd T
IU II J U N-32014
PROPOSED PERV IOU SAREATABLE
AREA NAME AREA SQ. FT.
LA- 1 219
LA- 2 4668
LA- 3 615
LA- 4 240
LA- 5 1100
LA- 6 GRAV EL 280 2 = 140
TOTAL PERV IOU S AREA 6982
TOTAL AREA 52 500
TOTAL COV ERAGE 45 518
PROPOSED PLANTABLE AREA 13.3%
SIGN/ LOGO
99.2SO.FT.
in rN
00
1
111.4'
CHANGEABLE
MARGQU EESIGN
31. 9SQ.FT.
4.4' ---' 2.6'
FRONTV IEW SIDEV IEW
EX ISTING ELEV ATEDSIGNDETAIL
NOTTOSCALE
PLANSISSU EDFOR:
Review
REV ISIONS:
No. Revisionnsane: Dery
1 Comp ac tor 5/27! 14
2 Site PlanRevisions W14
N
CIO
U N
Q Z
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O
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W
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m O
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O
O 00
U LU
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mr
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V
c Lo
CJ C0
0_N
0
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CO IL
OO
mL l6
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e
SITE
PLAN
PROJ ECT: 14- 100 DATE: 615114
DRAWNBY: J LS SCALE: 1' = 2V
SHEET:
C - 101
Dlmw sfmr Shvw w Mxw d md md vp nmw lbxk p bw - leB51 ^P! ts?__
WithStand ard Su l p late WithOp tional Bac k p lateDay
SITE PLAN PRESENTED AT THE JUNE 3 PUBLIC HEARING - ONLY REVIEWED BY PLANNING COMMISSION. THE OFFICAL, APPROVED SITE PLAN WAS PRESENTED ON FEBRUARY 4 AND IS INCLUDED AS AN EXHIBIT IN THIS
PACKET.
FINDING OF FACT Addendum 1
RE 13 16100001 CONDITIONAL USE FOR BREWING WHOLESALE
MANUFACTURE OF BEER
Planning Zoning Commission
ACTIVITY TO BE LOCATED AT
Ocean City Maryland
5509 Coastal
Hiqhway
Case
6
DOO
Exhibit Date 6
February
3 2014
l cw
1 Population Change
There has been a population change in the neighborhood since the Adkins Company
began operation in 1973 The Adkins Company was a retail hardware store and lumber
yard on the premises The retail hardware store and lumber yard had been abandoned
a few years ago
Last year the buildinp was used for a retail clothing store in part
Since 1973 the Best Westem Hotel has been built on the pr perty adjacent to the south
the Maresol Condominium has been built to the southwest a commer cial neiqhborhood
shopping center has been built on the north side of 56th Street facing Coastal Highway
and Jamaica IV Condominium has been built just west of the 56 Street shopping center
on the north side of 56 Street All of the adjacent uses e asted while the Adkins
Company was in operation
2
Availability of Public Facilities
All public facilities either exist on site and or available to the site
3 Present and Future Transportation Patterns
There are finro primary vehicle entrance exits off Coastal Highway The plans indicate
that handicap parlcing spaces will be provided from the north entrance exit immediately
adjacent to the front of the buildina
The main parking area and loading and unloading
will take place from the southem entrance exit Discussion took place regarding the tum
around for large trucks
serving
both the r estaurant and the br
ewery
Representatives of I
the project explained that the e asting driveway had served the lumber yard for many
years for large truck deliveries Therefore they do not believe there will be any qreater
impact on traffic circulation The brewery operation will not be in conflict with the
restaurant tra c during restaurant peak hours of operation
4
Compatibility with Existing and Proposed Development for the Area
The existina building is beina utiliaed for a restaurant associated retail and a br ewerv
The buildina itself is not being enlarged The 4rain storaqe area air cooled glycol chiller
with tank CO2 storage unit and storage area for waste barley product shall be placed
inside the
brewing
operation er Conditional Use agr eement The waste
barley
product
shall be removed from remises on a dail basis The dumnster which will service both
the brewing operation and the restaurant will be located on a fenced dumpster pad
outside at the west end of the southem drivewav
5
Relationship to the Comprehensive Plan
The brewing operation in conjunction with the restaurant and retail uses is consistent
with the Compr ehensive Plan provided the operation does not pnesent itself as an
offensive nuisance such as odor noise alare and appearance to neighborinq
properties
I
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Feb 03 14 05
38p
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PL ANNING AND ZONI NG COMMISSION
Donna Shores Ocean
City Brewing
Co FILE 13 16100001
Conditional Use Public Hearing
January 7 2044
PRES NT
IN ATTENDANCE
Pam
Buckley Blaine Smith
John
Staley
Kay Stroud
Peck Miller
Matt Margotta
Palmer Gillis
Bob Nelson
Lauren Tayfor
Will Esham Altarney
Joel Brous
This meeting of the Planning and Zoning Commission was held on Tuesday January
7 2014 in the City Hall Council Chambers located on Baltimore Avenue and 3 d 5treet
Ocean City Maryland Parn Buckley Cammission Chairperson called the meefing to
order
BUCKLEY Alright this is the public hearing for this Tuesday January 7 2014 The
item before us pursuant to the provisions of Article II Section V Conditional Uses A
request has been filed uncfer the provisions af Section 110 514 uses permitted by
Conditional Use in the LC 1 Local Comrnercial District to permit a portion of the
proposed establishment to engage in brewing similar to other manufacturing and
wholesa e establishments listed herein ConcurrenUy a site plan review of proposed
mixed use project consisting of the wholesale brewery restaurantlbar and retail area
will be conducted 7he site of the request is described as an unnumbered Eot of the Isle
of Wight Plat fu ther described as ocated on the west side of Coastal Highway and on
the south side of 56th Street and known locally as 8509 Coastal Nighway in the 7own of
Ocean
City
Maryland The applicant is Donna Shores file 13 16100001 Prior to alf
public hearings it is necessary that I ask if anyone in the audience has any issues with
any of these commissioners taking part in this public hearing If so please say so now
Alright there being no problem with any of the commissioners all of us will continue to
sit with Chris Shanahan in absence Alright we ll start with the in roduction of the case
from Mr Smith
ESHAM Under the penalties of perjury do you hereby swear ta tell the whole truth and
nothing but the truth
SMITH f do What would like to do weli first of all after receiving the application we
did post the property on December 18 h and we ran advertisements in the Ocean Crfy
Digest beginning on the 18 h and then a week later so we ve advertised 14 days prior to
this hearing and we did send notice to adjacent properties withi a 300 radius that this
meeting was taking place and its purpose The applicant has supplied a set of plans that
I ve given to Mr Esham the attorney as Exhibit 1 as architect er applicant s Exhibit
that shows the architectural features of the layout flf the restaurant and retail store on
the east side of the building which is an existing building and then the brewery
operation on the back side or the west side of the building The building already exists
1
x
Feb 03 14 05
38P P 2
the preperty is zoned LC 9 Local Commercial Dist ict The rnost recent use of the
building was a retail store The easterly half of the building was used as a retail t shirt
shop up until recently That only happened for a year or so Before that it had set idle
and had also been used for rnany years as the Adkins Company hardware store and
lumber yard The lumber yard is also or was also a Conditional Use of the property sa
it has been a heavy use of the property dating back iMo probably the early 70 s if not the
late 60 s sa it s been a neighbor in that neighborhood for many years as a lumber yard
Recently because of the resfiaurant the mixed use of restaurant retail and brewery it
was tabulated that they did not have enough parking They can only provide I beiieve
72 spaces onsite 7hey went ta the Bvard of Zoning Appeal because under the cade
the brewery based on the square footage would ve required 20 some parking space
and the Board found that that was not needed for the brewery and that the 70 some
spaces was adequate both fo the restaurant the retail and the brewery So they ve
resolved the issue as to parking and the parking as shown on the site plan is pretty
much the way it has been for the last year or two Prior to the retail store being there
half of that south side was parlcing and the other half was the storage of lumber on the
back west side So it daes present mvre parking today than it did when it did as a
lumber yard and a retail store But they would iike to utilize the property in that manner
most of the change is on the inside of the building for the operational side of iL You will
see on the site plan that there are some the dumpster and some apparatus that
pertains to the brewery one of which might be the storage of the barley the silo and
they will talk to you about that how it is supplied and utilized and how the waste is
disposed of from the operational side of it We do know there are some questions to be
asked and we ve our wastewater department knows that they have to trap some of the
sedimenf prior to it going into our sewer so they will tatk to you about how this operation
starts and finishes and how they distribute their product and the amount of truck
delivery and shfpmen and things of that nature Hours of operation whether or no
there s noise glare dust because when they blow the grainery into the silo iYs just like
when you go tQ a chicken house and you blow feed into a bin there s gaing to be a
truck and an auger and noise of some sort at least at certain times And they can tell
you the capacity and how often ii may be filled and you know what have you which is
an exterior And you ve got to the south immediately the Best Westem Motei and then
somewhat southwest you have the Maresol Multi family condominium to the nor h at fhe
opposite side of 56 Street you have that little strip center and then west of them are
other residential as yQU go down 56 Street to the bay including the motel tha Fager s
have at the end So that s kind of the immediate neighborhood on that side of the road
and then you have other condominiums on the east side of Coastal Highway All of the
west side of the highway is zoned commercial LC 1 Commercial so it does show the
same zorting classification on adjacent properties As to availability of public services
be water and sewer the building has been served with public water and sewer on all
prior uses The cansumptian or the need of this operation f rn not familiar with it
whether or not it s adequate they would have to testify as to whether or not they ve
investigated that there s adequate water and sewer as to the size of the lines and the
demand fram this type of an operation And they can talk to you about the vo ume and
its needs As far as firaffic flow pedestrian and vehicular you can tell from the diagram
that basically it s ingress and egress from the south side oi the property into those
parking space there are some immediate parking space to the northeast of the building
which are designated as handicapped parking they come off Coastal Highway directly
into the handicapped parking but the rest of the parking and the deliveries and things
will happen on the south side of the building and they il ex9t onto Coastal Highway It IE
be right tum in and right turn out There is no cross over directly at that entrance so all
2
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Y
Feb 03 14 05
88p
p
vehicular traffic will be to the south side of Ehe building except for the handicapped
parking and operationally it w311 be to the south side af the building There is some PII
refer to it as solid waste because once the barley has been utilized and it becomes a
waste product
they
wiil dispose of it and you need to know haw that s
going
to take I
place because it s it has to be stored and moved from the prope y I cton t want to
necessarily say on a daily basis but a daiiy weskly basis I suspect depending on the
operation So they fl talk to you about that as wefl 1 think as you hear the applicant and
if you have any question relative to environmental issues you know light air glare
saund dust odor that they can tell you how they control any nuisance facto should
there be one
BUCKI EY Okay
SMIZH And I think tha s basicalfy what they re here to get approval o i ave the
brewery operation and to present their operatianal plan to you for consideration
BUCKLEY Oicay very good We ll have the applicant present their case
CROPPER Sure good evening for ihe tecord my name s Hugh Cropper I re sresent
Ocean City Brewing Company the applicant By way of background before I came here
tonight I called Dale Adkins who is one of the principles in the Adkins Company It s
Dale his sister Sally who s now a Court of Appeals judge and Richard klolland and his
family of Berlin And I asked Dale when the Adkins Company opened in Ocean City
and it was actually the subject of a somewhat famous court case back there in the alley
and that sort of thing and we double checked and we re pretty sure it opened back in
1973 and it operated continuously fram then until about two or three years ago so
essentially almost 40 years you had a lumber yard and a building material yard and that
sort of thing If you read the Town Code under 11a 514 one of the Conditional Uses
permitted in the LC 1 Commercial Zone is building material stores and lumbe yards
And although I wasn t around then Blaine could probably help me I suspect fhat was
written to accommodate the Adkins Cornpany that was there for some 4d years So I
would just start off as introduction that we had a Canditionaf Use that was found to be
consistent with the neighborhood matter of fact I woufd suggest to you the Code was
written to eccommodate that Conditional Use for some 40 years and I think Blaine will
agree ihat at least to most people the manufaciure of beer is going to be a less
intensive use than a lumber yard that brought in tractor trailers with trucks and you
knaw during its heyday as you know it was quite active So with that introduction
we re here for a Conditional Use and review of the site plan as Blaine pointed out we
have been ta the Board of Zoning Appeals and received the parking waiver and first I d
like o have Mark come right on up and go ahead and give us your ful name
F SCHE Mark Fesche
ESHAM And your address also please
FESCHE 911 Baltimore Avenue Ocean City Maryland
ESHAM Under the penalties of perjury do yau hereby swear fo tell the whole truth and
FESCHE I do
3
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Feb 03 14 05
39P
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CROPPER Now Mark usually we re brief in fronk of the Planning Commission so bear
with me I just want a little bit of background on this witness Mark when did you first
start in any kind of capacity working for a brewery or working in the manufacture of
beer
FESCH I got
my
first job in 1992 with the Deschutes
Brewery
in Bend Oregon I
CROPPER Okay and what did you do for those folks
FESCHE I started as a keg washer and worked my way up to be a brewer I was there
for four years
CROPPER And how many other brewing companies have you worked for in your
careei
FESCHE 1 ve worked for four other breweries in the last 2Q years
ROC
PPER Okay and what did you do for those folks
FESCHE Qn three of them I was the primary consuitant lead consultant an
construction and then became the head brewer and on one of them I was just a
consul ant
CROPPER Okay and what was your most recent affiliation
FESCHE My most recent was a head brewer at Husk Hardware FEouse Restaurant and
Brewery in FayetteviUe North Carolina for the last four years
CROPPER Okay and what type of operation was that
FESCHE That was a restaurant brew pub that also distributed package goods
CROPPER Would that be similar in operation to what we ve proposed here
FESCHE Yes
CROPPER
kay and how would that relate in terms of size
FESCHE It was half as big as what we re doing here
CROPPER About half ihe size And is it fair to say well et me s art over you also
attended law school and become a lawyer for a brief amounE of time
FESCHE That s right
CROPPER But other than the four years you took off to do that from 1992 until the
present he saw the light right away chuckle you ve been involved in the manufacture
of beer
ESCHE Yes
4
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Feb 03 14 05
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CROPPER Okay and you ve been involved in this projecE really since the inception of
setting everything up and acting as the prime consultant
FESCHE Yes
CROPPER And if this project does receive all the required approvals you ll be the
manager of the brewing side of the property the manufacture of beer
FESCHE Yes
CROPPER Describe for the Board if you would or Commission what s going to
happen there how much beer you re going to manufacture and that sort of thing what
supposedly
FESCHE Okay each batch is going to be about 1 000 gallone of beer at a tirne and I
imagine our production schedule wiN be brewing once a week thaYs a conservative
estimate But that will be one day of brewing the next day will be cleaning the nexf day
will be packaging the next day will be loading trucks and taking care of material
CROPPER So you anticipate the active manufacture of beer will about one day a week
FESCHE Yes
CROPPER okay and about how many employees will that require
FESCHE lncluding myself five peuple or less
CROPPER Okay and just as a just information for the Board the Code as iYs written
required 23 parking spaces for that use for those five employees and that s why the
Board of Zoning Appeals we were here and they gave us the parking exception
FESCHE Right we don t need that many parking spots
CROPPER Okay and the brewery area that s in the west side the westerly one half of
the building that s not a public access area is ihat correct
FESCHE No the public won t be aUowed back there
CROPPER Okay they can see in there through glass but they re nat allowed to be
back there
FESCHE Correct
CROPPER So it s your anticipation that if everything goes well once you re up and
running and moving you 11 do one batch a week which will be 1 000 gallons
FESCHE Yes
CROPPER Okay and you ll brew once a week and that will take about five employees
Now what s the grain that yau use
5
s
Feb 03 14 5
39p p 6
FESCHE It s malted barley
CROPPER Okay and how does that how is that delivered to the premises
FESCHE
It li get delivered by a bulk truck and it ll be blown wifh air pressure into our
silo and that silo wil hold enough grain for about 10 batches of beer so that silo will get
filled roughly every ten weeks
BUCKLEY Okay
I
CROPPER Okay so when things are going good once every ten weeks they ll come
and fill your silo with the malted barley
FESCHE Right
CROPPER And less in th winter or other times when thi gs are siower
FESCHE That s right
CROPPER Um tell me about you say you make about 1 OOQ gallons of beer How
much water do you use ta make that and how much is left over
FESCHE Our standard formula is 7 to 1 gallons Seven gailons of wastewater to make
one gallon of beer About 7 000 gallons of wastewater a week
CROPPER Okay so it wi I be 7 000 gallons and you 1f end up with 1 000 gallons of
beer
FESCHE Correct
CROPPER Okay and what happens to that wastewater do yau do anything to it to
make sure that iYs taken care of
FESCHE A lot of it is rinse water so it is you know the chemicals that we use to clean
the tanks with get neutralized with rinse water before going into the drain and our drains
are going to connect it to tanks that settling tanks that are outside the building that will
collect any solids that go down the drain And that wauld be grain that falls on the ftoor
CROPPER Okay so you ll neutralize the water first the clear water first and then
secondly you have a sort of a speciafized grease trap which is a double a double
chambered grease trap that collects the solids
FESCHE Yes
CROPPER And the solids are sort of the leftover grain
FESCFiE Leftover grain that spills on 4he floor and rnaybe some hops that are stored in
a slurry form after the boil
CROPP R Okay and what happens to the part that s left over
6
Feb 03 14 05
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p
FESCHE The grain that geis leftover will get put into a large can4ainer which a pig or
chicken farmer will come and carry away that day the day we brew and feed it to his
livestock
CROPPER Good so that will be once a week that somebody comes artd picks that up
FESCHE Yes
CROPPER
kay and is there other uses that they use that leftover grain for
FESCHE There s some other uses Peopie malce pet food out of it fish food It can be
used as compost
CROPPER Some of you might appreciate E asked if you could bait ducks with it but
laughter he said nobody d tried that yet
FESCHE Yet
CROPPER Um backing up The hours of operation when you re brewing what is that
going to be
FESCHE That ll be normal business hours
CROPPER Okay like in
FESCHE Daytime
CROPPER Okay we ve been through the number of employees would be typically 5
at the max Tell me a little abflut he npise or if there is any noise
FESCHE There I be a refrigeration unit that s outside and iYs no lauder than any
household HVAC unit
CROPP R Okay the actual making of khe beer inside the building wi0 any of that
noise emanate autside the building
FESCHE I don t think so
CROPPER Okay if I m out on the sidewalk I m not going to be able to hear it
FESCHE No
CROPPER And clearly they re going to be operating a restaurant type bar inside that s
only going to be separated by glass
FESCHE Right
CROPPER Um the we ve been through the delivery sort of but you ve said the grain
comes about 90 batches at a time so once every 10 weeks They c me every time you
7
r s
Feb 03 14 Q5
39p p 8
manufacture to pick up the waste Other than orciinary like paper praducts and that kind
of thing does your side of the operation have any other deliveries
FESCHE Well we ll be sending kegs out to other bars and restaurants Those kegs
wifl be returned to us at some paint so that is part flf receiving in the brewery
CROPPER Okay
FESCHE Kegs going in and out
CROPpER Okay um but again that would be no different than if 1 went with some kind
of use tha dfdn t require a Conditional bought a keg of beer had a pa fy and took it
back
FESCHE Sure
CROPPER Tell me about the odor if any associaied with this
FESCHE During the brewing process there are stacks that teave from the kettle out
the roof of the
building
and there s some smell associated with
brewing ft s usually no
more offensive than a bakery And the brewing prdcess is about 4 or 5 hours of a day
so just one day a week 4 or 5 hours there might be some odor outside the restaurant
outside the building
r
CROPPER But in your opinian it s not offensive the odor
FESCME No no
CROPPER Of making the beer and that s been your experience at the other four
breweries where you ve worked
FES HE Yes
CROPPER And they ve had a similar type odor Does the type of beer that you brew
does the odor vary depending on the type of beer that you brew
FESCHE Very little
CROPPER But it would take a real connoisseur to go by and smell it
FESCHE Yes I could tell it
CROPPER
kay we ve been through the frequency of the brewing how about any
how ab ut any light or glare or shine or anything like that
FESCHE Not that I m aware of na
CROPPER Okay this is all in the rear of the parking ot outside you re going to have
the storage facility for the grain right
FESCHE Yes
8
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Feb 03 14 05
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CROPPER And that grain gets blown in and then everything else is housed completely
inside the building
FESCHE Yes
CROPPER And it s in an area that there s no public access
FESCHE Correct
CROPPER The only way the public sees it is to cQme in the retail or bar portion and
IQOk in through the glass
FESCHE Correct
CROPPER I can t come in and walk around kick the tanks take a look or anything like
that okay and that will be closed up when you re brewing and it will be essentially
closed down just for viewing when you re not brewing
FESCHE Yes
CROPPER Okay and in your experience having been with four breweries 1 000
gallons a week that s going to be more than en ugh to serve whaYs going on I mean
things will have to i e going really good to use a 1 000 a week
FESCHE Yes
CROPPER Okay um now what types of a just for the informatian of the board what
types af beers do you propose to brew there
FESCHE We re going to make a variety of beers some traditional standard styles as
well as some mare new American exotic styles of beer So somefhing from the whole
spectrum of beer styles Very fight approachable beers to something that s a li1 le more
challenging
CROPPER Okay
FESCHE It ll be about 12 clifferent styles of beer on tap
CROPPER Okay and you have you ve been in this building obviously many times
now designing the configuratio of the brewing manufacturing and just for the record
this is the rehab of the existing building thaYs there
FESCHE Yes
CROPPER And it s your opinion I think yau test ed before the BZA that this is really a
good use for this
existing
i
FESCHE The
building
is we I suited for
brewing
yes I
II
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Feb 03 14 05
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p lp
CROPPER And probably that s one of the few things a lumber yard or a brewery is
one of the few things that this existing building is suited for
FESCHE Yes
CROPPER You ve aiso viewed the area surrounding there and as somebody who s
been in this business since 1992 do yau beiieve th s use is going to be competible with
the surrounding neighborhood
FESCHE Yes I
CROPPER
Okay
and again the noise the fumes the glare the e ll be no vibration
I
FESCHE No I
CROPPER
and all those types of things will be such that they ll be compatible with
the Johnny s Piva with the condos and with he hotel next door
FESCHE Yes
CROPPER As a mafter of fact just for the board s inforrnation Johnn s Pizza was
Y
here re resented b an attorne a
p y
y t the Board oi Zoning Appeals and when we had
discussions with them they withdrew their objection to the application
FESCHE 7hat s correct
CR PP R And they re not here tonight That s really all I have for Mark I m sure you
guys have some questions because he will be the manager in charge of the brewing
operation
BUCKLEY Okay we will ask him those now
CROPPER Okay
BUCKLEY Who has a question Who s the first one
MILLER I have a question
BUCKLEY Okay Peck
MIL ER You d mentioned 1 0a0 gallons a week conservative What side of
conservative were you going on will you be brewing more or will you be brewing less
FESCHE I think we d like to brew more It s certainly based on sales
MI LER Okay If you did more then you d have more deliveries and more traffic and
more
FESCHE That s fair t say yes
MIl LER Okay
10
Feb 03 14 05
40p p 11
BUCKLEY What would be a maximum for this particular business
FESCHE A maximum I would think would be four times a week would be really
pushing it We could probably do two times a week cornfortabiy
BUCKLEY Okay
FESCHE When you say a maximum is that the most you could do or that s the rnost
peopls would consume
BUCK EY No because you ve still got to clean it and all that he s goE to do the whole
process it s a three or four day process just to do it
FESCHE Two weeks to a month so yeah we just have to wait for a tank to open up
sometimes before we can brew 7here are tiraes when we don t brew far a week
because we don t have an empfy tank
MILLER So if you re running full tilt the mast you could be wauld be four brews a week
FESCNE Yes
MILLER Okay
BUCKLEY And I see that as being very difficul
MILLER Well
BUCKL Y
Chuckle From what you just said but still but even four okay so thaYs
uh that gets you down to delivery down to every two weeks two and one half weeks af
the haps or the grain or whatever it is and then the same for the going out Okay
TAYLOR What is the height of the silo
FESCHE 31 I believe
TAYLOR What
BUCKLEY 31
FESCHE 31 31 feet
TAYLOR So that s like 3 stories
BUCKLEY And how big is it what s it made of metal or concrete
FESCHE I would gusss metal it s an agricultural sila
BUCKLEY Okay alrlght LeYs we don t need coming from the audience so we ll get it
another another time Um agricultural silo
Okay
11
c t I
Feb 03 14 Q5
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GILLIS You ve seen them a million times
A EY WiIE there be any smell from the fermenting of the grain and the disposal of it
once its used
FESCHE No because we plan on having the farmer come and take that grain away the
day we brew
TAYLOR Yau said though there would be four to five hours of an odor that you nd
wonderful but considering you re a brewer that s not too rnuch of a surprise I m tryin9
to remember how many condo balconies are going to be affected by that because there
may be people who don t want to sit on their balcony and smell a brewery for four hours
but I m trying to remember the configuration of those buildings because 1 think there
MILLER The Mares l s back in the back
BUCKLEY The Maresol is in the back and they face west
GILLIS The Best Western that might
TAYLOR The Best Western
MILLER The predominant wind is going to be southwest blowing
BUCKLEY Away from the brewery
MII LER So the guys on the Oceanside are going to smell it more
TAYLOR And I should know how to do this math but I m too tired 1 000 gallons is
how many kegs
FESCHE Um 60
TAYLOR What
FESCHE 80
STALEY 60
TAYLOR So you re going to how many do you think you re going to be how many
seats are in here
How many people are you gaing to
FESCHE I think the restaurant holds about 220 seats
TAYLOR So how much are you planning on shipping oui and how much are you
planning on using
FESCHE Um whatever isn t used in the restaurant we d like to ship out
TAYLOR So you would have 60 kegs a week going aut 60 to 120 kegs a week
12
Feb 03 1 05
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SCHE Yea
TAYLOR And those go oul in trucka
SCFiE Yeah In our box trucks that we own
TAYLOR And how many how many flt in a box truck7
FESCHE 209
TALEY 20
FESCHE 20 kegs in the truck
AYLOR So there s threa
FESCHE In a delivery
TAYLpR So there s three to six loads every
BUCKLEY No no no
AT
YLOB two to fourdays
BUCKLEY No 60 is the most they ll have in a week 7hat s 1 000 gallons in that one
process and say rieht 20 on premise and say they take out 40 ao that s two deliveries
TAYLOR If they can do fwo or three or 4 000 gallans so
BUCKI EY Okay well that s true that s true okay jusf checking you re right you ro
right
TAYLOR I m just tryfng to figure out wha the meximum load on that neighborhood is
and those the maximum noise that goes i o those condos and those Best Weatern
rooms
BUCKLEY Yeah we should a we should ve had a trip to Dogfish up in MiRon
Because that s
GI LL1S Supposed to have had a tour a brewery tour
BUCKLEY I appraise up there a lot and there is odor
FESCHE They are substa tially bigger than we are And they brew 24 hours a day 7
days yeah
BUCKLEY Yeah so and ifs sFill surrounded by single family homes they re cantinuing
to build there whatever that means A question from Mr Miller
MII LER From a design Sfandpofnt on the larper plan of the bullding itseff you have
dining and retail and I realize there s a differe ce in parfcing requirements for dining and
13
for retail but 225 seats sounds like it takes up that front area They re going to be dinirrg
in the relall
TAYLQR Right
CROPPER Well they ll only be allowed as many seats as the dining restaurant podion
wili permit so we won t be ellowed to exceed however many Bleine can te11 you but
II I n n wnwl n nn nn i nn nw fnn n II hn nlln nd
Feb 03 14 05
49p p l
a The re oin to be dinin
f r retail wut 225 seats sounds like it takes
up
that front are
y g 9 9
in the retail
TAYLOR Right
CROPPER Well they il only be al owed as many seats as the dining resfiaurant portion
will ermit so we won t be allowed to exceed however many Blaine can tell you but
p
you re allawed one seat per so many square feet and we 11 be aflowed
MILI ER For what you ve set up for parking
CROPPER Yes
Mi
R Okay because I guess my cancern is the access and ingress of aIl the trucks
and vehicles that are coming in and that all of your customers are going to be parking in
that double row of parking Have you give any consideration to having it access to the
street to the narth to the back of the
building
For deliveries and picic ups and trash
and
FESCHE I don t thfnk there s room back there
MILLER From the badc of the building itself though
FESCHE From the back of the
building
7h re s no other point of ingress and egress
GILLIS On 56 Street is what he s saying In otherwords efiminate a parking space a
parallel parking space
MI R Yeah and have an
alley
access for all the trucks through the back of your I
prop rty
GILLIS Like maybe here That s what he s referring to
FESCHE Right
MILLER I rnean it s a large building
FESCHE The building right back there would be our brew house
MILLER I m sorry say it again please
ESC
f we would try to bring anything into the building there it would come right
into the restaurant I mean right into our cooler or our brew house
MILLER Well you have a lot of space and I was just wondering for an access it would
be nice to have all your delivery trucks not go through your pa fcing lot every single day
especially in the sumrner time Or if you have some kind of pick up like move your
cooler forward 15 feet I m not sure what your prope ty line is behind that but it s
probably at least 5 or 10 feet correct
FESCHE 5 or 10 feet yeah
14
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Feb 03 14 05
49p
P 2
MILLER Yeah I mean if you even shortened the building by 10 feet you d have an
alley that would access trash trucks loading trucks hop trucks I mean everything
CROPPER I m not sure I m following you d want to tear off part of the back of the
building7
MILLE
Exactly Just asking Have you given any consideration to doing that
FESCME They probably had their trucks coming into that parking lot they probably had
more tnicks and bigger trucks than we re going to have
MILLER But the didn i have a restaurant
Y
TAYLOR But they didn t have 220 seats either
FESCHE Right well our deliveries are going to happen in the morning and our
restaurant isn t open until noon
MILLER E just asked if consideration because I have owned a resiaurant and I do
know what trucks do and I do know how food gets dropped off and
FESCHE Sure
MIILER
you have the best intentions of when they should be coming to do what they
want to do but if they re running fate and traffics bad you need it So it s always nice to
have a restaurant that has an escape route for anybody who s coming in with work
trucks
especially
if you re
going
to be
parking
all your cars
t s a rather narrow parking
lot going back up and I utilized it for many many years myself it Just seerns that now
before you build the project out if you can accommodate some Pting that long term is
going to be a better solution I m hoping you re doing three faur things a day a week
whatever
FESCHE Sure
MILLER
you know the busier you are the more your going to have ta accornmodate
this dawn the road It sesms like now s the time to laok at that because you are going to
be impacting Coasta Highway tra c there
FE E Yes sir The
building
is
existing
and we have to work with what we have I
don t see us
IG
LLIS Looks like to me between the property line and the west end wall of the
building you have at least 12 feet which I think what Mr Miller s saying is if you took
your cooler the problem with that might be the bringing the materials in But if you took
your cooler and moved it up somewhat so you could have hallway access I mean his
idea s got a good basis it would allow you to have a truck loading in the back end wall of
the
building ft s a possibility he s just thinking out loud
FESCHE Sure
15
Feb 03 14 05
49p p 3
MILLER And now s the time to look at it because six months frorn n w it s way too late
FESCHE I agree I ve been looking at it a long time and I think what we have planned
is the best use of the buiiding I don t see any way we could have an ingress and egress
on the 56 h Street side or even the afley way behind the building If you walked back
there you d see that would be a substantial undertaking to try to put a driveway back
there
M LLER I m just saying the back side of the cooler a cooler is a cooler so that cauld
be outside
already
so it s nat like you re
hurting
the back wall
I mean that s going tv be
an inside cooler in that back corner space of the thing so f you pullad the whofe thing
10 feet it s just a thought but it would sure make it a lot better for this town you know
long term To have two means of access and egress
BUCKLEY Right And the other thing even and I mean I obviously know nothing
about brewing but even flipping that over the brew house and putting your packaging
over there and then you would have maybe some room to at least put maybe when
you re packaging it and then you re shipping it out with the door there
FESCHE The existing overhead door is a large garage door that the forklift can come in
and out of It is a
BUCKLEY So that s the main reason that you don t want ta put another overhead daor
in an the north side of the building
FESCHE And there s no loading dack on that side
CROPPER There s parking on the street on the 56 Street side You d have to make a
curb cut you d have io remove utilities there
MILLER I m just hoping you re going to be really busy and you re going to have a
restaurant thaYs going to be packed with people cars going in and out and then you re
going to have a lot of utility trucks a lot of time
GILLIS Conflict with the functioning of trucks versus the parking
TAYLOR Any idea that you know when trucks are going to come and go is kind of a
nice idea in theory but the reality is it doesn t really work that way
GILLIS But I rn assurning you know when what yaur hours of operation a e probably
not
going
to be
opening
a
or 8 o clock in the morning and I m assuming your trucks
could come in at that time perhaps
FESCHE I m going to be there at 7 in the mo ning
GILLIS Yeah but you re not going to be open and selling
MILL R Breakfast beer with breakfast
GILLIS Beer cakes beer pancakes
16
Feb 03 14 05
49p p 4
FESCHE No
GILLIS Okay
BUCKLEY So where s the
delivery
for the kitchen The food deliver es
FESCHE The daors that are about half way up the building
BUGKLEY Um hm
FESCHE
on the parking lot side
GILLIS Right under the word building on the south wall
BUCKLEY Right here okay
GILLIS Right right here showing the location
BUCKLEY Um um um
GILLIS What are your hours of operation What time wilf you open for the public
FESCHE The restaurant 11 to
GILLIS Okay so you have plenty of time in the maming to
BUCKLEY That s what m saying
GILLIS Yes
BUCKLEY What s this
MILLER
IYs outside dining it looks like
GILLIS I had a couple questions
CROPPER I agree with you Mr Gillis but I really don t think pulling the I don t think
hauling off the kegs of beer is going to be that much of a conflict If they do it in the
morning and
GILLIS Right No Peck s i8ea was just trying to be helpful to give them another means
of access
CROPPER It s good to look at it probably better to look at it but you d have to tear up
a lot of stuff t get out to 5fi Street
GILLIS Right um I notice on the site plan item 5 is bike racks Is that bike racks
that s a lot of bike racks which is great You re not planning on having a scooter or
moped rentals he e are you
FESCHE No we re not
17
Feb 03 14 05
49p p 5
GILLIS Okay are you ioaning the
FESCHE Unless it s a conditional of approval
GILLIS are you
loaning
bikes are
anything
like that ls there a reason why there s so
many bike racks
FESCHE Ta be environmentally friendly
IC LLIS I m not being critical 1 think it s a great idea but iYs a lot of bike racks
CROPP R It was requested by the applicant
GILLIS Hey I ride my bike that way
CROPPER
they want to promote bring in people from the neighbofiood and
promote that type af access and so quite frankly that area existed
GILLIS Okay in the
CRO E
7hey thought it was a good use of it
G LLIS in the southwest comer it Iooks like a fenced in area that s not that doesn t
say anything what is that fenced in area for it s south of item let s see south of the
dumpster
FESCHE Yes that would be where we put the trailer that we re going to put the grain in
and the farmer wifl come and pick up that trailer and take it away
GILLIS Okay we all know that that traifer that s holding the grain that s the spent
That s going to definitefy have an odor
FESCHE Yes
GILLIS So is there any type of
BUCKLEY Is it tarped I mean
GILLIS
well being new on this I don t care if you tarp it iYs still going to have an
ador
BUCKLEY Well definitely 8ut that s why he says he s going to have suppasedly he s
going to have them there when they re emptying it That s the theary
GILLIS Well that was leading to my question of should there be a condition of it needs
to be moved every the question i have is that the reality of the situation is the spent or
the leftover grain is definitely going to be stored outside iYs definitely going to have an
odor so leading up to the question of Maric is the other four breweries that you ve been
involved with have they been in an urban type situatian like this or they have been more
of an industrial type situation like this
18
Feb 03 14 05
50p p 6
I
FESCHE No downtown settings
GILLIS Downtowns okay So has it been more residential or has it been more
FESCHE Mixed use residential
GlLLIS Okay alright The you re going to have screw augers coming into and or into
ar out of the silo
FESCHE Out of th silo
GILLIS Into the build ng
FESCHE into the building
GILLIS Will they be enclosed screw augers7
FESCHE Yes
GILLIS Ukay so there s not going ta be any dust or not much nolse frorn that they re
pretty iow okay What is the stored going back to the stored grain that s left over what
can you give us an idea about volume of that Is it a ton is cubic yards or how do you
measure something like that
FESCHE It ll be roughiy two tons dry going in to my process then once it gets wet it s
heavier The traile is about the size of this area right here I
GILLIS Olcay so iYs a small trailer
FESCHE it ll hold one batch
GILLIS Okay
i
BUCKLEY Now okay
GlLLIS The seven to one ratio that you were presenting ta us
i
FESCHE Yes
GILLISi that calculates with the clean up the clean up water
FESCHE Yes
GILLIS Okay so that s included So that s the total water usage excluding kitchen and
dining
FESCHE Yes not including the restaurant
GILLIS Okay so it ll use slightly more but not much more Um you know the
neighborhood has changed here since The Adkin s lumberyard of however many years
19
Feb 03 14 05
5Qp p 7
ago but um IeYs see I did have another question The tanks an the north side the
tanks the pre cast settling settling tanks
F HE Yes
GILLIS How
big
are those and how
deep
will
they
go
Approximately
FESCHE I would say they re eight ieet down and probably 250 gailons
GILLIS 4kay will that is that going to hit the water table
FESCHE We ve had discussions about that and we re going to find out
GILLIS I would probably think that it might
BUCKLEY Um hm
ILLIS You re going to need a pad and some tie downs and stuff like that for your
tanks I don t I m not sure how low high the water table is there but you re going to
have an issue with that just bring that up for your consideration And item 6 is a
grease trap Is that grease trap the same size it looks per scale on the drawings about
the same size but would it be the same size I don t think it would be would it
BUCKLEY Now that s for the sedlment right
L S WeII the g ease trap
TAYLOR No that s for the restaurant
GILLIS
6 is for the restaurant for the kitchen But 7 and 7 is for a settling tank is
for the brewery or far um
FESC E The brewery yes
GILLIS Okay looks like they re in the same waste line is that or is it inte rupted
somehow
Well that s your City of Ocean City plumbing problem thaYs theirs to deaf
with Anyway those tanks you may have some issuss with those as far as the water
table goes
Um I think I have a couple other questions but maybe somebody else has
some
BUCKLEY Okay
BROUS Are you bottlirtg beer also or is it just the keg
FESCHE Just the kegs but eventually we also want to can beer
BROUS Okay that s it I don t see a problem with the deliveries i think they ll get them
aut early in the morning and E mean you know iYs their product it s not like Holt ar
someone Sysco But if it s their be r it should be in the morning or even the early
afternoon I can t see other than a
Saturday
or
Sunday being
slammed with cars at noon
I
that s my opinion
I
20
Feb 03 14 05
50p p 8
BUCKLEY But they re also delivering far the restaurant in there which is Molt and
BROUS Sysco and other than that they can t control that but they can control when
their beer is going out
BUCKLEY Oh
definitety
that s not the issue
really
I guess
i
BROUS When their beer is going out they can decide when it s the best time to get the
kegs out of there but Holt Sysco etc and all that
TAYL OR How extensive is the menu
FESCHE The menu is standard pub fare abvut three or four pages long
BUCKLEY Okay um
GILLIS I ust have one more usstion
1 Q
BUCKLEY Go ahead
GILLIS When the grain is delivered ta the silos how long does that operation you said
it s air blown
F ESCHE Yes
GILLIS Does that create a lot of dust is it contained how is that done
FESCHE The silo it s a brand new silo well it has a
GILLIS Direct connect is it like a connection and it s blown into that
FESCHE Yes and it shouid collect most of the dust and it wi11 probably take us an
hour
GILLIS Okay But there s a noise and an operation yeah okay
FESCHE There is some noise
BUCKLEY f have one question on the remains from the brewing that s gaing to be this
three or four ton on this trailer Now is it just is it ever contained 1 mean enclosed in
anything
Does it have a
top
pn I mean a cover on it
It s just sitting wide open
FESC E No it doesn t drip
MILLER Does seagulls like it
FESCHE Seagults probably like it
BUCKI EY And dripping and
21
Feb 03 14 05
50p p 9
GILLIS A small indistinguishable word
BUCKLEY You see that becomes a nuisance I think for residential people Okay
alright
FESCHE We re going to keep our parking lot cleaned
TAYLOR The gulls are going to come and land in it
BUCKLEY Yeah I mean it okay alright we ll have to think about that one
CROPPER Put some conditions on the approval we ll have to cover it up and just
MILLER We re just trying to figure it out
BUCKLEY Okay we re just trying to figure it out you know and that s um that s what I
job is
CROPPER I don t think they want sea gulls picking on it either
BUCKLEY No I don t think they but maybe they hadn t thought about that yet Mr
Crapper chuckle
MILLER Does it have an alcohol content with that
BUCKLEY Now if it were ducks we d be okay with chuckle
G1LLI Drunk seagulls That could be fun chuckle
BUCKLEY Um
anything
else for this gentleman
Lauren John7 Okay
CROPPER Mark before you go Just a couple of folfow ups I think you really covered
everyihing Mr Gillis asked yau about the bike racks for the outslde assembly area and
you said hopefully it would assimifate into the neighborhood and you ll attract people
from the other be it Jahnny s Piva or Fager s ve you know attract a Ivt of pedestrian
traffic in there
FESCHE Yes
CROPP R And you wanf to encourage that with those bicycle racks
FESCHE Yes
CROPP R And you do have ample handicapped
parking
out here in the front that s a
I
real fact
FESCHE Yes
CROPPER Okay and as we did as you did point vut over and over but for the record
it is a it is sort of a structural existing building hat would dlfficult to retrofit any athe
way other than what t is
22
Feb 03 14 OS
Slp p 10
FESCHE YBS
CROPPER Okay and y u ve spent a lot of time in that building
EF SCHE I have
CROPPER You were probably thero today
i
FESCHE I was
CROPPER Okay
GILLIS Can I still ask a question
BUCKLEY Let him finish
1C
1 S Okay 1 m sorry
CROPPER No no
m done What I was going to say is I have other folks here but I
think Marlt s pretry well covered everything so if you have any other questions go
ahead he s the best
BUCKLEY Okay
CROPP R He knows beer for 20 years
BUCKLEY Qkay Palmer go ahead
GILLIS This might be a Blaine qcaestion Do these handicap spaces I have trouble
enaugh backing up and some would say I m handicapped but I m not handicapped um
would ihere be a better location for the handicap spaces that they won t have to deal
with
backing up
onto
patentially
Coastal
Highway
I mean is it you see how the
geometry warks there
SMITH Yes yes
GILLIS I mean you ve only got another 20 feet to get ta the sidewalk
MS ITH Right
GILLIS and it would seem to me that a handicapped person possibly will have more
challenges than maybe sa would it be better from a planning standpoint to have the
handicap spaces on the main parking lot
SM TH No
GILLIS Okay
SMITH The reason being the Federal Laws says that the handicap spaces have to be
as immediate to the frant door as possible And they ve got the ramp to the north side of
23
Feb 03 14 b5
51p p 11
that handicap parking that s how they access to get into the building and they are as
immediate to that ramp as you can get If you moved them over into the parking lot
ou r movin them awa from the ram unless ou redesi ned the ram
Y
e
9 Y P Y 9 P
GILLIS But I think the Federal Law also says reasonable accommodation
SMITH Yes
GILUS Which means that from a life safety standpoint a handicapped person backing
up onto Coastal Highway I mean there s nothing that says you can t put a handicap
ramp on the s uth side of the buifding
SMITH Well and the o her thing you re right in that yau can do a T type turn a ound
and drive off the property but reaiistically they re going ta back out
GILLIS Onto Coastal Highway
SMITH You re looking at it That s going to be the nature of the beast There is
enough back up potential but it it lends itself to just backing out
GILLIS I see how it works and how it doesn t work at the Minut Market and the
challenges the traffic presents there I m just suggesting as an idea frcm a planning
standpoint that ai least you could split them up maybe or something I don t know
again I m relatively new to this board but from a geomeiry standpoint it would be
better to have some on the south side possibly
SMITH Yeah
BUCKLEY And yvu just move that ramp to the I mean down ta where the bicycles are
and take one of your little hash marks there and move them right in there
SMITH And that could be done yes
MILLER What we re going to try to do Blaine is make something that s not going to
areate a worse situation than what we already have and we have a couple things here
that jump out at me as a restaurant owner and just being in tawn forever I don t see
where delivery trucks are going to be able to corne in this pEace I don t see how trash is
going to get in and get out in a timely fashion in the course of the sumrrter I don t see
how they re going to be able to load their trucks and get in and out And what Parker
brought Palmer brought up with the handicap I mean I understand you re trying to fit
legally what you ve got to get on the prope ty to have the space you need and the
amount of square footage but we should be making something better in Ocean City than
creating a new nuisance I just if this place is as busy as it potentially can be that place
is going to be packed for lunch and there s going to be trucks and food and everything
trying to go somewhere and I don t know where they re going to ga and if they re
parked if they re on Coastal Highway thaYs not what we re supposed to be doing And
there is parking on Coastal Highway on the north side of that street I think yau need to
accommodate where s
loading
and
unloading
on this I mean you have two two
FESCHE Where the existing overhead door fs that s where my shipping and receiving
take place
24
Feb 03 14 OS
Slp
p 12
BUC Y We ro
talking
about the restaurarit here
Ii
MILLER Yeah i m
talking
about the restaurant
I
BUCKLEY You came in wifh a mixed use site plan here
I
MtLL
A cake truck and e sysco tnack just came in Where are they going to go on
Saturday morning at 11 o clock7
FESCHE they ce goinp fo stage themselves in our paricinQ lot end the deliveries are
ofng to wme in through thoss twa daubia doors i the middle of the building
BUCKLEY Okay so that s helf your parking lat is down
MILLER We just took 64 feet of trucks and knocked out your paricing spaces
BUCKLEY And then they ve got to badc back out on Coasial Highway
FESCHE How doea it happen on the Boardwalk realistically how does it happen on
the Boardwelk I mean I see the delivery trucke ea iy in the moming
BUCKL
Well thaPs an issue ihat we ve had forever we don t want to try to keep
continuing that
FESCHE Okay I respect that
BUCKLEY
conttnuin8 that situatian
MILLER 1 just want this to work for you end right now i don t see how this works
FESCHE I see how It works I do
BUCKLEY Well first of all it s got to have a loading zone stamp on hare of where
that s supposed to be But right now the delivery trucks are going to have to back out
onto Coastal Highway Trucks ere going to have to back out onto Coastal Highway
FESCME I think a delivery truck can tum around in our
BUCKLEY Not your delivery truck the 18 wheeler
CROPPEFt I don t wanna I think the majority of them I mean lumber trucks for yeara
turned around that s e big
MILLER Those are parking spaces Hugh
CROPPER
thaYs a big long place
BUCKL
But they didn 1 have you didn 1 have parking spaces then
FE
FiE indistinguishable too many people talking at once
25
IL1 E
Are you going to have cars in those parking spaces or notT
CROPPER
come back here in ihe rear by the
GILLfS You can t make a three point turn with an 18 wheeler in 63 feet
I
Feb 03 14 05
SBp p l
MILLER Are you going to have cars in those parking spaces or not
CROPPER
come back here in the rear by the
GILLIS You can t make a three point turn with an 1 S wheeler in 63 feet
CROPPER I bet yau can with anything else
GILLIS Probably but not in 63 feet
CROPPER And I don t think there s many estabfishments in Ocean City new or old
where an 18 wheel tractor trailer can do a turn around in an existing dead end parking
Iot
GILLIS No I agree
BUCKIEY But they typically can drive through in a Iot of places what we re trying to
do anyway
CROPPER Even if you tear off the back of the building a tractor trailer isn t going to be
able ta go you A have to tear off a big piece of the building aclually
GILLIS Well you re right you re right about that You can t I mean it s a 20 foot bay
or 25 foot bay You re going to have to do either nothing or 25 feet
CROpPER I suggest to you that if trucks back up on Coastal Highway that s an issue
but I don t think that s going to happen because you have several hundred feet The
only people that they re going to hurt by having a truck sitting there is themselves
MILLER Okay so a truck pulls in nose first into this parking lot on the south side And
it s 11 o clock on Saturday You mean to tell me that they re going to turn around and go
out nose first
CROPPER No they re going to have to back out
MILLER Into Coastal Highway
CROPPER If it s but
they
ve gat no business
bringing
an 18 wheel tract I don t think
yau re going to see many of those
BUCKLEY No but forget it s forget maybe just a nice big bax truck or whatever they
bring in
CROPPER A Sysco panel truck can come there in the back I ll suggest he make a tu n
in that in front of that overhead door
MILLER And more oft
TAYLOR Yau re not going to havs a panel truck you re going to have a big truck
because thaYs what those will run
26
I
Feb 03 14 05
58p
P
2
II
GILLIS Not an 18 wheeler
MILLER Well and I guess I m just o my own experience with Kitty Hawk Grill at 46
Street when the parking lot was the same as this and when they couldn t 8et in that
parking lot they stopped on Coastal Highway and unloaded on Coastal Highway to
bring th ir stuff in Which I understand except alI of yours is parking and access There
is no place to stop on Coastal Highway there
CROPPER They will not stop on Coastal Highway here yeah I mean the police will
give them a ticket the only place they could stop would be at that corner and nobody
will allow them to stop there They re going to have to puil into the parking lot and either
go to the end and turn around or they re going to have to back out and
MILLER
m fistening to you because I don t
BUCKLEY Okay
CROPPER I realize this but I guess this is a site plan issue but 1 just want to I don t
want to play lawyer There are two issues here the Conditional Use and the Site Plan
As the site plan issus goes that s important because I guess everybody has that
problem
MILLER The Conditional t1se I m fine with but is this not the time for us to talk about
site plan7
BUCKLEY It says concurrently a site plan review of proposed I rnean you ve asked us
to do both comect
CROPPER I m here on both
BUCKLEY Okay alright
CROPPER That s what m talking about
MILLER I mean my personal opinion is I don t know about a11 the rest of the people up
here but I love the concept 11ove everything about it I just want it to work in our town
And I don t want to create a worse situation that we can t remedy down the raad
because you put your coolsr back there and didn t want to tear one wall down to make it
so people can get in and oui of I think
BUCKLEY You think it s expensive now
Wait until you get it all up and running and
you don t have access in that bacEc You re going to want that access to the rear of that
property
MILLER I just have been involved and design and businesses in Ocean City for 35
years and t just really would hope that you would look at creating a way for trucks to get
in and out of that place
GILL IS Mark if you your dumpster pad is identified as item 1
Is it possible that that
dumpster pad and I don t this is geometry question but could that dumpster pad be put
27
Feb 03 14 05
59p p 3
somewhere else and a truck go behind the back of the
building
on to
5fiw
Street You re
saying what is back exactly one way becaus you ve got more than 10 feet it lo ks
like you have scale wise about 12 maybe it s 70 feet I don t know
FESCHE There s a fence and a ditch and a mound and some reeds
MILLER And a front end I ader cauld take care of all that stuff
GILLIS Well I mean the point is if you even sometimes with handicap restaurarrts if
you can show how you can do it 1 think that in the future when you nd out that you do
to do it then at least you ll have a way to do it So if the dumpster pad were to be put
somewhere else it would allow you direct access to turn perhaps WhaYs on the west
side of your property line is that parking tot for the Maresol or is that is that hidden
what is happening here n the west side of yaur property line
MILLER It s the pool I think the Maresol pool or something
GfLLIS Well
okay
just go through the pool I mean just chuckle No but is there a
way
to get a truck down that
alley
and out to 56 Street
I think everybody s intention
here is to make this the best for you guys possible
FESCHE 5ure sure and if you kn w if you want to meet me there tomorrow aft
tomorrow and we can look but I think you ll see that there s no way to do it It s too
narrow and a
CROPPER If you It remembe Mr Gillis I m sure you ve been there getting lumber but
his thing s built on a concrete slab and the back of it goes down and the concrete slab
goes down to get into the garage door You e talking about altering efevation you re
talking about
GILLIS No no no No all I m talking abou is a way out for the trucks so the truck
comes in unloads and toads or whatever where the double doors are where he has but
instead of backing out onto Coastal Highway he goes nose out to 58 t S reet to create a
loop
CROPPER
indistinguishable he goes through the building
BUCKLEY Around the back of the building
GILLIS No no no This this there s a least 10 feet back here
CROPPER Again the building is built up on a grade concrete and the back of it goes
down like that so you re going to have a d op off you re gaing to have to raise the grade
back there to
GILLIS That won t be the first time that a right grade has been raised with a retainment
wall
CROPPER
But then you re going to have issues with I don t know if yau il have
setback issues I don t know about the Maresol indistinguishable
28
I
Feb 03 14 05
59p p 4
GILLIS For what A
driveway
Does a
driveway
have setbacks
Okay
BUCKLEY No
CROPPER
If i if I have to bring it up I don t know
GILLIS With a retaining wall
MILLER I mean I ll take Mark up on going up there tomorrow morning and going to
loak at it with you
FES Great
MILLER I mean I
CROPPER Is this
parking 1 mean f think this is parallel parking over here
FESCh
That s alI garaf el parking
GILLIS It is so it would mean the City would have to give up a space
CROPPER You ve got to go to Mayar and City Council and have them give up a space
G1LLI Well yeah I agree sfl we ll just
BUCKLEY Well why
MILLER We d that all the time
GtLLiS Yeah
CROPPER Wow let me tell ya I was involved in the parking on the street and the City
seemed pretty sensitive about giving up
MILLER Well for something to create a situation that doesn t cause sornething bad in
the area
BUCKLEY Plus the fact khat
CROPPER I think the only people it s bad for in my opinion a d it s going to hurt this
business if there s a jam up in the perking 1ot it s going to be their problem
BUCKLEY But why woufd they want to create a situation Hugh that we know s going
to be a prablem
CROPPER I disagree that iYs going to be a problem They bring in the smaller trucks
and iYs going to be fine you ve got SO parking spaces there are restaurants that don t
have any parking
TAYLOR 72
29
Feb 03 14 05
59p
P 5
BUCKLEY Yaah
I
CROPPER Or 10 or 15 spaces
they
ve got 80
they
ve got a huge
they
ve go a sea of
I
pa lcing there We can only hope that that thing wil be full
GiLLIS We want it to be
MILLER I mean I anticipate I think it s going to do really well
BUCKLEY I think yeah
MILLER And I just want to make sure that when you have a couple hundred people at
the restaurant you v got delEvery trucks going it s Jufy and it s raining in August and
they didn t bring their bikes you re going ta have a mess there and i think now s the
time to stop that or address that
CROPPER
I agree but any rness is going to be interiar to their
MlLLER Yeah but when you take the tourists of Ocean City and the people that live in
the neighborhaod and you create a detriment to the area that s what w re in charge of
BUCKLEY And it does it does blow out
MILLER ThaYs why we re here is to laok at how it affects the surrounding
neighborhood
CROPPER 1 agree I agree but you e asking essentially to tear off a substantial
portion of that building because you re going to have to have turn radiuses you re going
to have to get in there change jackhammer out a lot of concrete you re going to have to
get rid af
parking
spaces
I
GIlLIS I dan t economics is a hardship
CROPPER I m not saying economics i m just saying I don t even icnow where the
utifities are in that slab you re
talking
about a major project
I
GIl LIS And maybe that s not done today buf I m always looking for a way in the future
you cou d do that so if two years from now he s just blowing the doors out with
customers there s a
way
to do that and we re not
trying
t4 fence him in the corner l don t I
think to prevent him from doing that in the future
ESHAM One question I have from sitting here listening is if you moved the dumpster
Pafiner and created the alley that still wouldn t allow an 18 wheeler to get out Conect
That still would be backing down correct
GILLIS Well a typical lane is 10
BUCKLEY We probably d n t have those coming
GILL IS The typical lane is 10 to 12 feet wide Looks like to me the setback is at least
10 fest so f agree with you and the radius would be tight
30
Feb 03 14 05
59p g
M And then ou said earlier in the other truck could turn around and go out hea d ESHA
Y
first
GILLIS I believe that any other most any other truck can do that a 3 point turn
ESHAM So I rnean I could see if this would accommodate the backing down of an18
wheeler on a Saturday at noon into Coastal Highway traffic but it s not going to
BUCKLEY Yeah
GILLlS Well we re just looking for a way out as an alternative and if it
BUCKLEY Because in my way of thinking is that they ve got parking all back there
You know so if I m just
SE
HAM No I agree I m just wanted to make sure that we weren t trying to get an 18
wheeler out of there keep it from backing down
BUCKI EY I got ya I got ya
MILLER You ve got a 20 foot road
ESHAM Right and that s not gaing to happen
MILLER I understand that
GII LIS What do you mean a 20 foot road far an 18 wheeler
MILLER Like the alley we have at 67 Street is 20 foof and an 1 S wheeler does come
around that
GILLIS Well that s the you re talking about a right hand turn here
MILLER Yeah I m just saying right
GILLIS I m still worried about these parking spaces on the front I d fike to go back to
that
ESHAM I think you can turn around in the frant without having to back out
GILLIS Lei me point out an alternative You have five spaces there you have from the
edge of the sidewalk to the city sidewalk
ESHAM Are you on the handicap spaces
GILl1S Yes
i
i
ESHAM Okay
31
Feb 03 14 06 O
p
p
GILLIS You ve got 5 spaces shown on the drawing You ve got 40 feet from the
sidewall to the slreet sidewalk If they have a handicap space at 8 5 and 8 which is 21
feet you ve got 4fl feet there so you could actualfy have four fa you could have two at
I ast facing the north and at least two facing the south So they would back up into the
parking lot and not back up into so all I m suggesting is you consider rotating the
parking spaces 90 degrees Naw that s four handicap spaces which exactly eplaces the
four handicap spaces And then you you h ve since you re only consuming 21 feet and
you have 40 fest you d have enough room for another space or two I believe But that
way you ve got 60 feet as the distance of the building You have more spac from the
north sidewall so you could actually have more than enough distance to back up you d
have more than the 63 feet that you d need
MILLER You d have about 38 feet to back up 36 feet
GILLIS Correct you d have plenty of space there to rotate those parking spaces and
prevent at all times to have them back up on Caastal Highway which I guarantee you
they will
E A
And then that s something we could charge Mr Smith with figurin aut
GILLIS Yeah but well the geornetry works that way 8 5 and 8 parking they ve got a
van parking space I mean it I work
BUCKLEY AlrEght
TAYLOR Well they have to come back with an actual site plan
GII LIS Oh okay
TAYLOR So assuming that they get the Conditional Use which we haven t gotten to
that part yet
BUCKLEY Well they re asking for a site plan review tonight as well
TAYLOR Well this is not a site plan
BlJCKL Y
so we re going to have to give we re going to have to give them direction
on that
7AYLOR This has nothing it doesn t have landscape you know this is not a site plan
GILLI
Well I guess I don t know about them but it looks like to me they re actually
physically doing something so I think they would probably want a good idea tonlght of
what concerns we have they could come back with landscaping perhaps on the final
site plan but i think they would probabfy want to hear as much as they can from us
OPPER This is not the usual site plan review because the building already exists
these concrete areas already exist so
GILLIS Uh huh well they can change
32
Feb 03 14 06
OOp
p
TAYLOR But you re a change of use
EY You re a big change of use
CROPPER I understand it is that s why I understand that s why we re here but I ve
got to say with all dus respect yes we would like directian but as far as building and ihe
parking and the oonditional use we would like to ask for your approval tonight
TAYLOR Right but we re going from a retail operation of some limited nurnber of
people using to a manufacturfng and retail and dining establishment
GILLtS 220 seats
I
TAYLOR
so it s a significant change of use and a significant change of the building
and the parking
CROPPER I don t think it is 220 seats Palmer it s however many seats we can get in
the
GILLIS That s what he his testimony was 220 seats
CROPPER Well he will be standed corrected by the Pope because however many
seats you can put in 4800 square feet is it
MILLER I ll let you know in a second
GlLLIS WeA whatever it is iYs going to be more than the 3 or 5 customers that are
there at Adkin s Company
TAYLOR Righf
BUCKLEY Okay Let me get controf back for a minute
TAYLOR Can I ask a question just because I m curious
How does the food get in the
kitchen7
GILLIS The side doors
BUCKIEY It goes through the dining rvom
GfLLIS Through the dining room yeah right here
TAYLOR So while you have customers there you can bring food in to the kitchen
against the bar
CROPPER Can I back up and explain myself a little more clearly now that I think I ve
got
my
thoughts together
I would and I know Peck respectfully said he was supportive
of the Conditional Use I appreciate that We need your decision on the Conditionaf Use
so we can go to the Mayor and City Council so that s why we would like that decision
33
Feb 03 14 06
OOp p 9
GILLIS Do you wanna split it
up
Do you want to do the Conditianal Use and then
have comments on the site plan
BUCKLEY Hold on a minute Mr Gillis let me first of all we want to correct this number
of
seating
What was that Blaine have you recalculated the number of seats in this
restaurant
SMITH You can t The reason being the 4800 is the ki chen toilets
BUCKLEY
Oh okay Okay okay
SM TH And until you krtow the actual physical use area iF would probabfy be one seat
I m sorry
MILLER Per 15
SM17H
it s 11 square feet per person
MILLER 95 is what the Fire Marshal says
SMfTH Or 16 in some case
MILLER So you could have 320 seats then if you didn t have a kitchen
SMITH Yeah So you ve got to really
BUCKLEY So it s going to be in the range of 200
SMITH Yeah most likely
BUCKLEY Okay 200 plus or minus That s still a heck of a lot of bodies and as we ve
said before I think maybe Palmer was corcect if we I don t thlnk any of us are very
comfortable an approving the site plan tanight I think you ve heard our issues And it s
the staff knows that this is not a full site plan review that which we are typicafly are given
S um it appears the most irnportant thing is the Conditional Use which is why we are
here for a public hearing so we will continue with that matter and get a determination on
that this evening for sure and then we will discuss the site plan and what should come
back to us
CROPPER Well I want to hear your comrnents on the site p1an
BUCKLEY That s what I m saying that s what we re going to do we re going to get this
let me I have ta go through certain things for a public hearing to ga through the legal
pfpGESS sa let s get that done
okay And then we ll a I sit here and chew on our
thoughts a little bit on the site plan
CROPPER Well we ve completed our case on the Conditional Use unless you have
any questions
BUCKLEY I understand that Yes So now I have to ask if there s anyone that is
opposed to or in favor of this Conditional Use that would like to speak tonight There
34
Feb 03 14 06
OOp p 10
being none does the Commission have any further questions or do they feel they have
enough information for which to ender a decision on this application
MILL R Can i ask a question of the applicant
BUCKLEY Yes you may ask a question of the appficant
MILLER
Are you in a position to ensure in the Conditional Use
BUCKL Y Bui speak in here though
MILLER Are you in the position to ensure in the Conditional Use that the storage of the
leftaver material will be disposed of in a quick fashion or you ll take care af it so there s
not an odor offensive odor in the area
FESCHE Yes yes sir
MILLER
kay
BUCKLEY Okay
SMITH Chairman
UCKI EY Yes sir
SMITH I did have one question because the overhaad door is a large overhead door
and then thinking in the summer time the seasonal aspect how often that will be open
and shut Obviously it will be open during delivery and that type of thing but would they
leave it open otherwise normally on that side of the building during the surnmer months
BUCKLEY Can you answer that Mark
FESCHE On a hot summer day I think that door would be open
GILLIS Yep but that s not where the offensive the offensive odor is going to come
from
FESCHE The odor yeah comes out of the pipe
GILLIS To me thaYs a non issue if that door is open or closed because it doesn t da
any harm it s that tank that sits on that southwest comer
BUCKLEY And there s not a noise with the operation of the um
GILLIS Not rnuch
FESCHE There s not excessive amount of noise no
BUCKLEY Not that would be normal restaurant noise
FESCHE Pump running forklift running
35
Feb 03 14 06
O1p
P
1
BUCKLEY Okay so we ve dealt with the disposal of the remnants We ve talked about
the sediment going through the double drain issue we ve discussed the water demand
delEvery of the grain noise lighting obviously it s got to be kept on the parking iot the
number of employees we ve discussed the hours of operation parking we ve discussed
your experience Is there anything else
STALEY Delivery of the product
BUCK
Delivery of the product and the distribution of the product Anything else in
a Conditional Use we need to address that I ve missed
MILLER I just have a question
TAYLOR Change of population in the area since that building was open has changed
he neighbo s to the north are different than the original Conditional Use
BUCKLEY But that could be a positive thing in that a restaurant could be needed but
we ve still got to double check on making sure we re covered that they re not going to be
handicapped or not going to be um
TAYLOR I mean thaYs one of the Conditional Use questions that has to be addressed
I
BUCKLEY Right
MlLLER Can I ask a uestion tao Is the amoun v
q t the ofume of water that goes down
the sewer is that something that we re supposed to be addressing or plumbing handies
that
TAYLOR Well that s why I d like to see a fu11 staff review of the site plan We don t
have the Fire Marshal we don t have Water Department we don t have anything
MILLER Blaine my last question could yau answer that
SMITH I don t believe it s the volume that s the issue It s the level of treatrrtent thaYs
going to became the issue
MILLER TAYLOR BUCKLEY Thai s not us
SMITH That s the effluent No but I do believe in the recommendations of the Mayor
and Council thak that has to be resolved with Waste Water if it is acceptable to receive it
ln that condition
BUCKLEY Right
SMITH
or ievel of treatrrtent Because it will affect We know that because we weni
to Burlsy Oak in Berlin and that was one of the questions that we raised with the leve of
treatment and that s why he has a settlement tank Eo do what they do And I don t think
there s any expert testimony here tonight that that level of treatment reaches where we
want it to be if you wil1 Now t don t knaw what it is personally but I know that is a
question mark as to the level of treatment of the effluent
36
I
Feb 03 14 06
O1p
p 12
MILLER So we would just put as treatment levels to the standards that are acceptable
to h T
t e own of Ocean City or Waste Water Department
SMITH Or even MDE even
BUCKLEY Yeah Now what staff this is a question for Blaine sorry Mark What kind
of staff review has this had
SMITH It has not been to TRC I don t believe
STROUD TRC is supposed to be Fhu sday ihis was only supposed to be
SMITH Relative to the site plan
STROUD
preliminary and then they have to go to TRC
BUCKLEY So they haven t looked at the loca ion of the dumpster7
BMITH And that s the reason why your site plan is critical in that the public hearing is
for the use the site plan will have to go to 7RC but it also needs authorization from
Mayor and Coc ncil to endorse your recommendation
BUCKLEY Right
MILLER For the use
BUCKLEY Fo the use
SMITH It would almost be premature to approve the site plan
BUCKLEY Weli that s why I was curious was it was asked that they were doing
simultaneously in the public hearin9
SMITH I think the reason why it was being asked and I think Mr Cropper has
explained because it s an existing facility with an existing infrastructure that he didn t
pe ceive that there was a change that would necessitate a site plan review I would
suspect
BUCKLEY Okay
CROPPER Yes
SMITH But questions have been raised that because of factory indistinguishable or
whatever
UCK
Y Okay whatever
CROPPER We re delighted to come back on the site plan
SMITH Yes
37
I
Feb 03 14 06
O1p
p 13
KLEY Alright anyone else have anything they would like to say about this public
hearing
on the Conditional Use of this piece of
property Any
other questions Have
enough information to make a cre ta come up with a credible opinion
MILl ER We ll see
TAYLOR Move fo close the hearing
BUCKLEY Alright I ve got a motion from Lauren to close the hearing
GILLIS Second
BIJCKLEY A second from Palmer Ali in favor
COMMISSIONERS IN UN SON Aye
BUCKLEY
gavel So moved Alr ght 1 believe the appficant would love For us to
deliberate this at the mament and giva him an answer so they can move f rward pne
way or another So I can start at one end and work my way You want to start Lauren
Or do you want to let Palmer start
TAYLOR Palmer can start
BUCKIEY Palmer can start he s new at this we ll I t him
GlLI IS 7 hanks
BUCKLEY feed him to the birds
GtI LIS I share the same concerns about the odor from the stored tank on the
southwest corner and I think it can be controlled I don t think it s a major prablem I jusi
have a concern about and it may maybe instead of insuring or assuring the Board
maybe we need to be more specific about it either needs to be removed or moved within
a certain period of time whether that s four hours ar six hours or 24 hours or something
like that because the longer it sits there the more it s going to smell I don t know how
you enforce something Iike that but I rn sure the neighbors will help the community
support enforce that by just complaining
1 AYLOR And is there some reason
why
it can t be cavered II
ILL1S I think he s didn t he say it was covered or wasn k
TAYLOR No he said it wasn t
FESCHE It s not covered f don t know haw much good a cover would do
GILLIS Yeah it s just gonna get
ESHAM Well what about the seagulls though that would be my concern is keep the
seagulls out
38
1
Feb 03 14 06
O1p p 14
FESCHE My solution is have that trailer taken out immediately
E
M Yeah but yeah but that daes not always happen
TAYLOR Right
GILLIS Be realistic whethe thaYs four hours or six hours or eight hours I think we
need to be a little bit more specific to be fair to you sa when you re saying immediate
that means
FESCHE Well then I would say that day
MILLER End of business day
GILLIS Business day
BROUS At end ofi business that day prior to 4 o clock w uld be alright
FESCHE By sunset by
BUCKLEY I think it has to have a cover on it
ESHAM
I mean in case it sits for two or three days why can t it be covered as a
precauiion7
BUCKLEY Well if ii sits for three or four hours in the middle of July 4 and you can t
get out of the town you might be there for 24 hours
FESCHE Sure
MILLER And if it rains and the sun cames out and then it gets cooked again
BUCKLEY Right
GILLIS Suppose somebody throws some crabs in there or something
TAYLOR Rig ht
GILLIS But anyway that would be rny concern if we can come te some consensus as
to how quickly it moves what Lauren mentioned is something I had also had a note
down here about The change in the neighborhood the neighb rhood has changed a lot
since this ast Conditional Use substanti211y since 1973 I don t think it has any negative
impact on thls use hawever That s a11 I had
TAYLOR Well I had
BUCKLEY Wait a minute you wanted to do this
AT YLOR Are we going to do this okay
GILLIS You wanted me to start now
39
1
Feb 03 14 06
O1p p 15
BUCKLEY Let s play nice peopie Mr Brous Joel
BROUS I think it s a great use of the existing property in town and I would think that
lt s more site plan related but as far as parking goes and deliveries I think we re worried
about a 1
of the time problem when most of the tirne iYs not going to be that full
because it s early morning or early afternoon and most of the c rs that are there will be
parked way up front by the entrance and the whole back is wide srnpty for turn arounds
I think we re
planning
for you can t plan for 1 of the process
TAYLOR But the restaurant okay i thought we were going to have a back and forth
with each person
MILLER As a Conditional Use I think it s a great use I m looking forward to it I think
it s going to be wonderful for the Town of Ocean City I am concemed about the odors
and I m not sure what length term Conclitional Use ar is this a permanent Conditi nal
Use or what are you asking for
FESCHE Permanent
MILLER 1 think that one of the things that we have to put with this Condiiional Use is
that we re not a lot you can t have odors and you ve got to spend the money and the
time to solve it and we don t need to be policing it 24 7 You re putting a new product in
town it s your product you take care of it I think that you could lose your license or
your Canditional Use if the odors are too
BUCKLEY Abrasive
MILLER
hard on the neighborhaod because iYs not something that we as town
members should be or tax payers should be worrying about so I think it s incumbent
upon you to do that 1 think that s a very important thing that we re doing The rest of it
as far as the wastewater and things like that think you need to deal with what the Town
of Ocean City is acceptable with and I think iYs all doable I think all of thia is deable but
I can t emphasize that the
only way
I m
gaing
to let this
thing
go through is if there is not
li
a problem with the cxlor Not if it s
sitting only
for six hours or eight hours or ten hours I
you just take care of whatever the issue is But other than that I think it s a fantastic
project 1 m
looking
forvvard to
having
you all
doing
it
I
BUCKLEY John
II
STALEY I think iYs a good project and 1 m looking forward to it I ve seen that building
empty long enough and I m sure that you people will salve those prablems that we have
presented to you tonight
CROPPER Thank you
BUCKLEY Lauren
TAY
R
Yeah
No it s a great use for a building that you know if quite fimitec in what
you can do with it because of its size But my concern is the odor thing from the
manufacturing and the holding of the by products so I agree with Peck that that has to
40
Feb 03 14 06
02p p 16
be a condition of the condition is that and it is a totalfy different use you re going from
as Patmer said from having five people there at a time tc ha ing cars coming and going
all
day
and all night
Before it was only open from what 7 in the moming til 5 in the
afternoan or
something Monday thru Friday most of the time
GILLIS Half day Saturdays
TAYLOR BUCKLEY Half day Saturdays
TAYLOR And now you re going to go to a facility that has people coming and going and
trucks cvming and going a I day every day into the night What time are you going to
close
MILLER Two
FESCHE When the last person leaves
TAYLOR Well you know the people who are living now in the residential area to the
north of you
TALEY Not used to that
1 AYL OR
that s gaing to create a ot of noise and problem and traffic
FESCWE Not a prob em
TAYLOR Not for you but for them So I just think there is a big change here in the
Conditional Use The question with Conditional Uses is it wor e here than anywhere
else anywhere else there s residential it s going to be a problem But I think the site
plan when it comes back has ta be a fuil site plan as though this is brand new project it
has to have the landscaping it has ta have the watar it has to hava the trash staff
comments the whole thing We start over It s a new project iYs a change of use
yau re rehabbing a building and that s very interesting and wonderful but it doesn t mean
yau get a pass to just open khe door and sta t over And other comment the
restaurant those parking spaces in front of those restaurant doors are where the Sysco
trucks are going to park and the U S Food trucks and the liquor delivery trucks and all
those trucks are going to park there because that s where they re going in and they re
going to take up all those parking spaces But that s again that s your thaYs an
operational prcblem So that s what I have
BUCKLEY Okay he one other ihing that I have I m trying to write down all thase
things the one thing that we were talking about with the you knaw when you start to get
lnto the operation of the restaurant and that so t ot thing I have ta say I persvnally
walked araund this and I wasn t sure if I don t remember what s on here if we need
we ve got the street as a buffer to the north Now to the south do we need fencing do
we need landscaping on here
M1Li ER Well that s all up to Sunset 6ay whatever it s called
BUCKLEY I know bui I m just saying that that would be a Conditional Use item not
necessarily a site plan item
a1
Feb 03 14 06
p2p p 17
i
I
CROPPER Now by way of testimony and now that Mr Smith is here the Conditional
Use and if yau read our advertisement I don t want to split hairs I m not
trying
to avoid
I
anything I m open to everything But the Conditional Use is for that portion for the
manufaature of beer Restaurants and bars and retail do not require Conditional Uses I
so I welcome any comments
BUCKLEY I understand that but you re stifl but if still a third in the back
CROPPER
f dan t like the Conditional Use because the restaurant is going to cause
noise is not technically what we re here tor
UCKLEY Oh thaYs true
CROPPER the restaurant daesn t require the Conditional Use the manufacture of
the beer
BUCKLEY Okay but it s amazing when you come with a mixed use project and yeu
want a Conditional Use for almost half of it
CROPPER Well that s fine I m here to
MIL E We can rephrase that Yau love the restaurant
BUCKLEY Love ihe restaurant
MILLER It s not the beer we may have a problem
B
KLEY But because o the beer we may have a prablem with your neighbor
CROPPER I m open to evetything but I just want to remind you when you send your
recommendation or lack of recommendation to Mayor and City Cauncil what we re here
for is the manufacture of the beer 7hat s what requires the Conditional Use
MILLER Understand
I
BUCKLEY We a e aware of that thank you Okay the only thing I would like to add to
this is due to the Conditional Use on at least a third of this piece of property is to have
some s rt of buffer on the west and the sauth side maybe that could come back on the
site plan when we re looking at that Because I other than that I think it s a I hope it
works I think it s a great use of that building and that location it should be goad and
okay so we will 1 wiil entertain a motion on this Conditional Use for the brewery on 56
the south side of 56th Street
MILLER And no site plan at all is attached to this
BUCKLEY No site plan is attached A site plan will be coming back they just
presented this so we d have some idea of what was going on this was not intended to
be a site plan We re going with that thought and anyway I I entertain a mo ion for the
Mayor and Council
42
Feb 03 14 05
02p p 18
MILLER 1 ll make a motion
TAYLOR Yeah
MILLER I ll make the motion that we apprcve it the Conditional Use and I m not sure
how to say this out there but we d in this approval the appiicant rrtust control any odors
that come off this property as the result of the manufacturing of beer whether iYs the
storage whether it s the dust whether it s anything anything that cames out from a
manufacturing 9tandpoint or the leftovers you have to control it There s no ifs ands or
buts
BUCKLEY The water the effluence
MILLER The water of course that comes out has to be tied in with the Tow of Ocean
City Wastewater or MDE allows the Ievel of whatever treatrnent that you re doing to the
product so those two things I thfnk are the very most things As far as the production of
beer I think that you need to take inta consideration yaur nsighbors to the south of you
and to the west of you and make sure that there are no issues so if there s fencing
required going out and having a beer with them to figure out what they need and don t
need I think is going to be very important
BUCKLEY Also because of that door being open It might be wanting to have some
privacy
TAYLOR Maybe kegs stack far rentals
MILLER Whether or not yau need to fence or close off but think that s basically what
I m looking for is that yau re not going to injure anybody that s south orwest of you
because of the production of what you re doing
CROPPER May I ask you a question
BUCKLEY Let us get a second first
GILI IS Second
BUCKLEY Okay we have a second by Palmer Now we can discuss the vote
CROPPER I thought I might ask a question when you say all odors I assume yau refer
t
MILLER Offensive odors
CROPPER
yeah offensive odors yeah because if you go by a donut shop and
smell donuts that s not a
BUCKLEY We r e talking offensive odors and we re taiking the storage that it would
have a I would like to add to that that that storage of that be covered whether it smells
ar not I just think it needs a cover on it
CROPPER ThaYs not a probfem
43
1
Feb 03 14 06
02p p 19
BUCKLEY I didn t think it would be I just think it should be covered
TAYLOR Offensive is subjective f think odors is what you mean because just as he
said in the b ginning there s going to be 5 hours when they re brewing and if you re
brewing 3 times a week just because Mark likes the smell of that doesn t mean that
everybody in the neighborhood is going to like it So if there are complaints about the
odors they have to be controlled
MILLER Offensive odors
BUCKLEY Yeah
BROUS How can you say contral oclors
ESHAM ThaYs subjective
BROUS
when they re brewing there s going to be odor It s like they how s that
being controlled they can treat and controi that trailer off by sunset or whatever you call
it but the once twice a week when they re brewing the e s going to be odor in the area
BUC LEY I think we re giving
TAYLOR There can be filters in the chimney if they can do it with coal they can do it
with beer
MILLER 1 mean Natelli did it at Sunset Island he took care of odo s in his awn way
whatever that was I just think offensive odars is what we need that
BUC
Y And that s going to be what the people around you complain about I
mean
ESHAM I would agree Because as Joel said there s going to be an odor Or else
you d have to apprave it and say it s got to be odorless and ihat s not reasonable so it s
offensive odors
BUCKLEY I think it s offensive odors and that s going to be determined by complaints
right
From peop e and they can t just be obnoxious complaints either they have fo be
something that s legitimate Let that decide Okay alright so we have a motion befare
us that we are going tv control any ofFensive odors take care of the effluent to the level
that the Town will approve or the MDE It s a good use the change in neighborhood is
going to support that we think Timeframe is permanent based on the fact that you can
do these continue to take care of the items that we ve reflected with our Conditional
Use and for the production of the beer manufacturing make buffers or fencing
whatever would be necessary I think thaYs even for raising up of the door and you
know just safety you might want fencing back there and the storage of the remains wifl
be covered fenced whatever necessary to keep that from being one of those atiractive
nuisances let s say
BROUS Have it taken off by sunset too that should be in there personally
44
L
F b 03 14 06
1Op p t
BUCKLEY Out by sunset
BROUS That s my opinion but you all
MILLER He said sure
BIJCKLEY Do I have ii
TAYLQR No Conditional Use runs with the use so if they want to change use again it
nesds another Conditional Use
BUCKLEY What do you mean if they want to change use again
TAYLOR If they decide to close down the brewery because there s a problem and
want to turn it into something else they have to come back for another Conditional Use
These are permanent Conditional Use but only for the use of the premises
BUCKLEY It s only for manufacturing
ATYLOR Right
UCKLEY Yes Blaine
SMITH It does bring up a little bit of a point because I remember somewhere in the
canversation with them that there was a possibility that there d be some winery
connected with this or nof
FESCHE I think we worked that out that we re oin to bu a rivate label f
g g y p
rom a
distributor so it s not really a part of our business it s just going to have our name on it
SMITH I only say that because I d overheard it
8UCKLEY It s okay
MILLER So not manufacturing of wine
FESCHE Not manufacturing of wine no
TAYLOR Just selling
MILLER Sa this
BUCKLEY Darn it I cauld ve gone for the wine Not a beer drinker
MS
ITH But your statement abaut this is the use and the only use that is being
approved any change woufd have to come back through the process
BUCKLEY Exactly Okay sa we have a motion befor us with um
GILLIS Second
45
l
Feb 03 14 06
1Qp p 2
BUCKLEY A second for a favorable recommendation to the Mayor and Councif for this
C nditional Use on this property All in favor
COMMISSIONERS I UNISON Aye
BI CKLEY Aye gavel
CROPPER Thank you
RespectFully submitted
Karen Kay Stroud
Zoning Analyst
January 16 2Q14
46
STAFF RECOMMENDATIONS FOR CONDITIONAL USE AMENDMENTS
Hugh Cropper IV Attorney for Ocean City Brewing Company
June 3 2014
1
Attached is the site plan approval dated February 4 2014 based on the Conditional
Use Agreement made by the Mayor and City Council on February 3 2014
2
The proposed revised site plan depicts the minimum 72 required onsite parking
spaces mandated by the Board of Zoning Appeals on December 12 2013 versus
75 parking spaces that were shown on the February 4 2014 site plan and
modifications to the location of the privacy fence on the west side of the property
as a condition of the Conditional Use Agreement
3
The proposed site plan revisions do not accurately reflect the required parking for
the retail area and the restaurant use plus finro 2 additional parking spaces for the
brewery operation The current building permit was predicated on adjustments
befinreen the retail and restaurant uses which have not occurred
Ms Donna Shores
1400 Chicago Avenue 1
Ocean City MD 21842
Page Two
Should you need further assistance please do not hesitate to contact the staff at
410 289 8855
Sincerely
Alfred Harrison
Chairperson
cc Mayor and City Council
David Recor City Manager
All Board of Zoning Appeals Members
Heather
Stansbury Kevin Gregory Attorneys for the Board
Hugh Cropper IV 9923 Stephen Decatur Highway Ocean City MD 21842
File BZA 13 09400023
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1 7 14
TOWN OF
J
OG AH GI TY
MAYOR CITY COUNCIL
PO BOX 158
OCEAN CITY
Planning and Zoning
Commission
MARYLAND 21843 0158
P O Box 158
Ocean
City
Maryland 21843
wwN oceancitymd gov
410 289 8855 NraYOn
410 289 8703 fax
RICHARD W MEEHAN
CITYCOUNCIL MEMBERS
LLOYD MARTIN
President
MARY P KNIGHT
CERTIFIED MAIL
Secretary
RETURN RECEIPT REQUESTED
January 16 2014
BRENT ASHLEY
DOUGLAS S CYMEK
Ms Donna Shores
DENNIS W DARE
Ocean Cit Brewin CO
JOSEPH M MITRECIC
Y g MARGARET PILLAS
DAVID L RECOR ICMA CM
Ciean li
ty
M 2 42 CityManager
KELLY L ALLMOND CMC
Dear Ms Shores
e
Re Pursuant to the provisions of Article II Section 5 Conditional Uses a request has
been filed under the provisions of Section 110 514 Uses permitted by Conditional Use
in the LC 1 Local Commercial District to permit a portion of the proposed establishment
to engage in brewing similar to other manufacturing and wholesale establishments listed
herein The site of the request is described as an unnumbered lot of the Isle of Wight
Plat further described as located on the west side of Coastal Highway and on the south
side of 56th Street and known locally as 5509 Coastal Highway in the Town of Ocean
City
Maryland APPLICANT DONNA SHORES FILE 13 16100001
On January 7 2014 the Planning and Zoning Commission of Ocean City Maryland
conducted a public hearing to consider the above referenced Conditional Use request
The Commission considered all testimony and exhibits presented during the hearing and
voted unanimously 6 0 to send the Mayor and City Council a favorable
recommendation for approval of the Conditional Use subject to the following conditions
1
Control of any offensive odors associated with the brewing of beer process and
other nuisance factors such as dust noise glare and appearance to neighboring
properties
2
Effluent levels must be to the level acceptable to the Town of Ocean City and or
Maryland Department of the Environment MDE
3
Buffers or fencing whichever deemed necessary be placed along adjoining lot
lines
4
Storage trailer provided for waste barley product must be covered while stored
on the outside and removed from the premises on a daily basis by sunset
Ocean City MD
i
I Amerlca C
e
zooi
I
MAYOR
CITY COUNCIL
2 3
14
A
CONDITIONAL USE AGREEMENT
BREWING OF BEER WHOLESALE MANUFACTURE ACTIVITY IN THE
LC 1 DISTRICT
DONNA SHORES OCEAN CITY BREWING COMPANY
5509 COASTAL HIGHWAY
This Agreement made the 4 day of Febnaary 2014 is by and befinreen the Mayor
and City
Council of Ocean
City
and Donna Shores
Ocean City Brewing Company and the
property owner The Adkins Company sometimes hereinafte referred to as Applicant s
WHEREAS an Application has been made for a Conditional Use to engage in
brewing wholesale manufacture of beer on the premises hereinafter described
WHEREAS the Planning and Zoning Commission in their capacity as hearing
examiners for the Mayor and City Council of Ocean City Maryland did pursuant to
advertisements in proper form made hold a public hearing on the Conditional Use
Application at 7 00 p m on the 7 day of January 2014 in the Council Chambers of City
Hall 301 Baltimore Avenue in the Town of Ocean City Maryland
WHEREAS the said Planning and Zoning Commission has reported to the Mayor
and City Council their favorable recommendations as to such application all as provided by
law
WHEREAS on the
3ro
day of February 2014 the Mayor and City Council has heard
and considered the report and recommendation of the Planning and Zoning Commission as
presented by the Planning and Community Development Department and has decided to
grant unto applicant a Conditional Use to permit wholesale brewing of beer manufacturing
activity
The Mayor and
City
Council made a
Finding
of Fact Addendum 1 in accordance
with Section 110 122 b and set forth conditions of approval in accordance with Section 110
122 c
listed below and reviewed the preliminary site plan dated 1 31 14 submitted to
them by the applicant
1
w
Page Two
NOW THEREFORE in consideration of the mutual provisions and covenants
contained herein the parties do covenant and agree as follows
1
That the Mayor and City Council do hereby covenant and agree that they will
and do grant unto Applicant a Conditional Use to engage in brewing wholesale
manufacture of beer on property described as an unnumbered lot of the Isle of Wight Plat
further described as located on the west side of Coastal Highway and on the south side of
56 Street and known locally as 5509 Coastal Highway in the Town of Ocean City
Maryland subject to the following conditions
1 Adequate Air Scrubbers must be installed to eliminate any potential offensive
odors
2
Install a 6 white vinyl privacy fence on south and west sides of property
3
Applicant is subject to a fee for monitoring and testing of wastewater
4 CO2 tanks and Waste Containers except for dumpster must be inside the
building
5 Grain Storage must be inside the building
6 Waste from spent grain must be kept inside and removed from premises daily
7
Trees planted on the west side of the property to provide a vegetated buffer
screen
8
No canning of beer or wine only kegged beer
9
No outside seating
10 Operation will be closely monitored for any violations
11
Subject to all other conditions set forth by the Planning Commission
12 Security shall be provided during business hours
2
V
Page Three
Section 110 122 Approval Procedures
e
Following approval by the Mayor and Council a final site plan shall be prepared
in compliance with the specifications of the Mayor and Council and the requirements of this
chapter and applicable laws regulations and ordinances and filed in the records of the
department Permits shall be issued in accordance with the approved site plan
Section 110 125 Lapse of conditional use
After the Mayor and Council have approved a conditional use the conditional use so
approved shall lapse after the expiration of one year if no substantial construction or change
of use has taken place in accordance with the plans for which such conditional use was
approved or if the Mayor and Council does not specify some longer period than one year for
good cause shown Once a conditional use has expired the provisions of these regulations
shall thereafter govern
Section 110 126 Abandonment of conditional use
Whenever a conditional use which was approved by the Mayor and Council remains
idle or unused for a continuous period of two years whether or not the equipment or fixtures
are removed such use so approved shall be considered abandoned and thereafter shall be
null and void and of no effect whatsoever
Section 110 127 Violation of conditions
Upon reasonable belief that a violation of the conditions imposed upon a conditional
use exists the Planning Commission shall notify the property owner of the alleged
violation s by hand delivery or certified mailing and shall schedule a hearing within 72
hours after said notification After the hearing thereon if the Planning Commission
deteRnines upon a preponderance of the evidence that a violation s has occurred the
Planning Commission may issue a reprimand suspend or revoke the conditional use
3
Page Four
Any party aggrieved by the determination of the Planning Commission may appeal same to
the Mayor and City Council within 72 hours after said determination The appeal stays the
determination of the Planning Commission pending the final determination of the Mayor and
City Council The Mayor and City Council shall hold a hearing as timely as possible The
hearing shall be on the record as established before the Planning Commission and the
Mayor and City Council may reverse affirm or modify the Planning Commission s
determination
2
That the Applicant does hereby covenant and agree that the Conditional Use as
granted above by the Mayor and City Council is hereby unconditionally accepted as
approved by said Mayor and City Council
3
Any amendment or additions to this conditional use site plan shall be in accordance
with Section 110 184
As witness our hands and seals this
day
of t
2014
WITNESS
49V Z w
Applicant
r
erty Own
ISQI ir I CD
R h
d Meehan May r
Lloyd M n Council President
4
J
Page Five
STATE OF MARYLAND COUNTY OF WORCESTER to wit
I HEREBY CERTIFY that on this
day
of 2014
Before me the subscriber a Notary Public in and for the State and County aforesaid
personally
appeared who did acknowledge the
aforegoing to be his act and deed
AS WITNESS my hand and Notarial Seal
NOTARY PUBLIC
My Commission Expires
day
of 2014
before me the subscriber a Notary Public in and for the State and County aforesaid
personally
appeared who did acknowledge the
NOTARY PUBLIC
5
Page Six
day
of
v
2014
personally
appeared
L p
y
who did acknowledge the
f y
tS
q
t e
r
k NO R PUB IC
F
My
Commission Expires
r
31 1
day
of
2014
personally
appeared
who did acknowledge the
NOTARY PUBLIC
6
J
FINDING OF FACT Addendum 4
RE 13 16100001 CONDITIONAL USE FOR BREWING WHOLESALE
MANUFACTURE OF BEER
ACTIVITY TO BE LOCATED AT
5509 Coastal Hiahwav
February 3 2014
1 Population Change
There has been a population chanae in the neiahborhood since the Adkins Companv
beaan operation in 1973 The Adkins Comqanv was a retail hardware store and lumber
vard on the premises The retail hardware store and lumber vard had been abandoned
a few vears aqo Last vear the buildin4 was used for a retail clothin4 store in part Since
1973 the Best Western Hotei has been built on the propertv adiacent to the south the
Maresol Condominium has been built to the southwest a commercial neiQhborhood
shopqin4 center has been built on the north side of 56 Street facin4 Coastal HiQhwav
and Jamaica IV Condominium has been built iust west of the 56 Street shoppin4 center
on the north side of 56 Street All of the adiacent uses existed while the Adkins
Companv was in operation
2
Availability of Public Facilities
All public facilities either exist on site and or available to the site
3 Present and Future Transportation Patterns
There are two primarv vehicle entrance exits off Coastal HiQhwav The alans indicate
that handicap aarkina spaces will be provided from the north entrance exit immediatelv
adiacent to the front of the buildina The main parkinp area and loadin4 and unloadinca
will take place from the southern entrance exit Discussion took qlace recaardinca the turn
around for large trucks servinca both the restaurant and the brewery Representatives of
the proiect explained that the existin4 drivewav had served the lumber vard for manv
years for larQe truck deliveries Therefore thev do not believe there will be anv Qreater
impact on traffic circulation The brewerv operation will not be in conflict with the
restaurant traffic durinq restaurant peak hours of operation
4
Compatibility with Existing and Proposed Development for the Area
The existin4 buildin4 is bein4 utilized for a restaurant associated retail and a brewerv
The buildina itself is not being enlarged The arain storage area air cooled alvcol chiller
with tank CO2 storaqe unit and storaQe area for waste barlev product shall be placed
inside the brewinq operation per Conditional Use aareement The waste barlev product
shall be removed from aremises on a dailv basis The dumpster which will service both
the brewina operation and the restaurant wilf be located on a fenced dumpster pad
outside at the west end of the southem drivewav
5
Relationship to the Comprehensive Plan
The brewina operation in coniunction with the restaurant and retail uses is consistent
with the Comprehensive Plan qrovided the operation does not present itself as an
offensive nuisance such as odor noise Qlare and apqearance to neiqhborinq
p OD@rt1eS
P Z FINAL SITE PLAN
APPROVAL
2 4 14
STANDARD RECOMMENDATIONS FOR SITE SUBDIVISION PLANS
Revised 9 30 13
DONNA SHORES OCEAN CITY BREWING CO FILE 13 16100001
5509 COASTAL HIGHWAY
FEBRUARY 4 2014
1
Trash refuse containers and recycling containers shall comply with the minimum
standards set forth in Chapter 70 subject to the Solid Waste Department approval
All exterior garbage or rubbish containers shall be screened from the street on all
but one side by an opaque fence landscaping an earth berm or other suitable
opaque enclosure The average height of the enclosure shall be one foot more
than the height of the container but shall not be required to exceed eight feet in
height Will need an 8 yard compactor and a letter of liability to be recorded in the
Land Records of Worcester
County
Maryland to drive trash truck onto private
I
property for access Also needs 2 clear space all way around and overhead
I
2
The project shall comply with all regulations pertaining to stormwater management
Chapter 30 Environment Article III Stormwater Management prior to issuance of
a building permit per memorandum and comments by Gail Blazer attached
3 All construction and or repairs of curb cuts sidewalks and streets and or street
amenities shall be approved by the Department of Engineering and shall be
installed in accordance with the specifications and standards of that department
4
Any new paving within existing parking lot shall be paved in accordance with
Chapter 74 of the Town Code
5 The location of transformers shall be subject to the approval of Delmarva Power
and the Zoning Administrator
6 All landscape shall be installed in accordance with Chapter 30 Article VII Atlantic
Coastal Bays Critical Area criteria where applicable
7
Location height type and direction of lighting designed per Section 110 876 h
Lighting Requirements including at a minimum a photometric plan to illuminate site
and off street parking areas expressed in footcandles throughout the property
8 The project is subject to the provisions of the Atlantic Coastal Bays Critical Areas
Protection Act
9
The project is subject to impact fees adopted by the Mayor and City Council
Donna Shores
Ocean City Brewing Co
Site Plan Review
Page 2
10
After the Mayor and City Council has approved a conditional use the conditional
use so approved is subject to all conditions set forth in the Conditional Use
Agreement and shall lapse after the expiration of one 1 year if no substantial
construction or change of use has taken place in accordance with the plans for
which such conditional use was approved or if the Mayor and Council does not
specify
some longer period than one 1 year for good cause shown Once a
conditional use has expired the provisions of these regulations shall thereafter
govern
11
Whenever a conditional use which was approved by the Mayor and City Council
remains idle or unused for a continuous period of finro 2 years whether or not the
equipment or fixtures are removed such use so approved shall be considered
abandoned and thereafter shall be null and void and of no effect whatsoever
12
All site plan approvals are subject to building code fire code and all other
applicable governmental regulations
13
All work shall be completed as shown on the approved site plan and any revisions
to the approved site plan shall be in accordance with Section 110 184
14 Final site plan approval shall expire eighteen 18 months after the date of
approval unless a building permit for the project is obtained prior thereto pursuant
to Section 110 52 c 2
15 All sign permits shall be issued in accordance with those signs shown on the site
plan
16 Subject to
obtaining
a
building
permit for all site work
Ms Donna Shores
Ocean City Brewing Co
Ocean City MD 21842
Page Two
By copy of this letter the Mayor and City Council will be notified of the Commission s
recommendation You are now scheduled to appear before a regular session of the
Mayor and City Council at 6 30 p m on Tuesday January 21 2014 in the Council
Chambers of City Hall located at 3ro Street and Baltimore Avenue in the Town of Ocean
City Maryland The Mayor and City Council will have received the public hearing
transcript finding of fact recommendation letter and all exhibits by this date and will not
entertain further
testimony
Please be advised that the Council will make their decision
at that time
If we may be of assistance to you in the meantime please contact the office of
Planning and Community Development at 410 289 8855
Sincerely
Pam Greer Buckley
Commission Chairperson
Cc Mayor and City Council
All Planning and Zoning Commission Members
William E Esham III
Kevin Gregory Attorneys for Commission
Matt Margotta Director of
Planning Community Development
Richard Holland Jr 113 Ann Court Berlin MD 21811
File 13 16100001
Correspondence 13 14
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TOWN OF
OG AI t CI f
The White Mar in Caprtal of the World
MAYOR ClTY COUNCb
PO BOX I58
Replyto
Planning
and
Community
Development
ocsaNCm
P O Box 158
MARYLAND 21843 0158
Ocean
City
MD 21843
o eQn rymd y
410 289 8855
MAYOR
APfII Z3 ZO 4
RICHARD W MEEHAN
CITY COUNGL MEMBERS
LLOYD MARTIN
Ms Donna Shores
idG1
Ocean Cit Brewin CO
M YP C
Y 9 S o
gRENIASFII EY
Ocean
City
MD 21842
DOUGLASS CYMEK
DENNiS W DARE
705EPH M MITRECIC
Dea Ms Sho es
M vccnxFrra ns
Re Site Plan Review of a proposed mixed use project consisting of a whole ovMD g coa cr u cM
sale brewery restauranUbar and retail area The site of the request is rceLLYC nu MO cMc
described as an unnumbered lot of the Isle of Wight Plat further describ c
as located on the west side of Coastal Highway and south side of 562h
Street and known locally as 5509 Coastal Highway File 7 3 1 67 00001
In accordance with the provisions of Division 8 Chapter 110 of the Code of the
Town of Ocean City Maryland the Planning and Zoning Commission reviewed the
above referenced site plan on Tuesday February 4 2014 Based on their review and
discussion the Planning Commission voted unanimously 5 0 to approve the site plan
presented subject to the following conditions
1
Trash refuse containers and recycling containers shall comply with the minimum
standards set forth in Chapter 70 subject to the Solid Waste Department approval
All exterior garbage or rubbish containers shall be screened from the street on all
but one side by an opaque fence landscaping an earth berm or other suitable
opaque enclosure The average height of the enclosure shall be one foot more
than the height of the container but shall not be required to exceed eight feet in
height Will need an 8 yard compactor and a letter of liability to be recorded in the
Land Records of Worcester County Maryland to drive trash truck onto private
property for access Also needs 2 clear space all way around and overhead
2
The project shall comply with ail regulations pertaining to stormwater management
Chapter 30 Environment Article III Stormwater Management prior to issuance of
a buiiding permit per memorandum and comments by Gaii Blazer attached
3
All construction and or repairs of curb cuts sidewalks and streets and or street
amenities shall be approved by the Department of Engineering and shall be
installed in accordance with the specifications and standards of that department
Ocean City MD
III
znm
Donna Shores Ocean City Brewing Co
Site Plan Review
Page 2
4
Any new paving within existing parking lot shali be paved in accordance with
Chapter 74 of the Town Code
5
The location of transformers shall be subject to the approval of Delmarva Power
and the Zoning Administrator
6
Ali landscape shall be installed in accordance with Chapter 30 Article VII Atlantic
Coastal Bays Critical Area criteria where applicable
7
Location height type and direction of lighting designed per Section 110 876 h
Lighting Requirements including at a minimum a photometric plan to illuminate site
and off street parking areas expressed in footcandles throughout the property
Commissioners listed as a condition of approval a photometric lighting plan
in accordance with the above code section prior to building permit issuance
8
The project is subject to the provisions of the Atlantic Coastal Bays Criticai Areas
Protection Act
9
The project is subject to impact fees adopted by the Mayor and City Council
10
After the Mayor and City Council has approved a conditional use the conditional
use so approved is subject to all conditions set forth in the Conditional Use
Agreement and shall lapse after the expiration of one 1 year if no substantial
construction or change of use has taken place in accordance with the plans for
which such conditionai use was approved or if the Mayor and Council does not
specify some longer period than one 1 year for good cause shown Once a
conditional use has expired the provisions of these regulations shall thereafter
govem
11
Whenever a conditional use which was approved
by
the Mayor and
City
Council
I
remains idle or unused for a continuous period of two 2 years whether or not the
equipment or fixtures are removed such use so approved shall be considered
abandoned and thereafter shali be null and void and of no effect whatsoever
12 All site plan approvals are subject to building code fire code and all other
applicable governmental regulations
13
All work shall be completed as shown on the approved site plan and any revisions
to the approved site plan shall be in accordance with Section 110 184
14
Final site plan approval shall expire eighteen 18 months after the date of
approval uniess a building permit for the project is obtained prior thereto pursuant
to Section 110 52 c 2
t
Donna Shores Ocean City Brewing Co
Site Plan Review
Page 3
15 All sign permits shall be issued in accordance with those signs shown on the site
plan Commissioners suggested two additional wail signs one on the south
side of the buiiding and one on the north side of the building
16
Subject to obtaining a building permit for all site work
If you have any questions concerning this matter please contact the Zoning
Administrator s o ce at 410 289 8855
Sincerely
Pa rr
v
Pam Greer Buckley
Chairperson
cc Mayor and City Council
William E Esham III Attorney for Commission
Matt Margotta
Director of
Planning
Community Development
Richard Holland Jr 113 Ann Court Berlin MD 21811
File 13 16100001
Correspondence 14
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Ocean City Maryland
Case 1 y i 6 i oovo i
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Grain Silo Clean Green
Pros
31 ft tall 9 ft round
Takes up less space than 15 30 pallets of super sacks sacks of grain
Only 4 Sft taller than the center of our building so it would blend in
Less traffic
1 full grein silo delivery equals 15 20 truck deliveries
Less noise because trucks deliveries
forklifts can be noisy
No chance of the dust dirt from pallet delivery trucks
No need for forklifts pulling pallets from delivery trucks
Actuallv verv nice lookin
Galvanized Steel Non Reflective Non Shiny so the sun is a non issue
Gives the building more of a unique feel of a brewery
PREVENTS Rodent Bua or Bird issues Verv Clean and Efficient
Sealed at the bottom and top
Direct feed from Silo to grain bin to mash tun brew house
No Spillage issues No Waste
No chances of rodents or bugs
No chances of grain waste swept into trash bins or out the door
No chances of dust blowing around
No chance of birds nesting or bothering the dry grain
Grein Sacks can brins dan erous rodents and bues
Hard to stop weird evasive species from nesting in the dirty sacks
Rodents could make their home inside the sacks contaminating the grain
eugs could also contaminate the grain
Open to bringing alien dangerous species of rodents and bugs in from trucking train and
shipping lines The Stink bug beetle is a perFect example
Grain Sacks are filthv and dis ustinz
These bags are full of dust and waste that are uncontrollable
Non combustible
100 safe
Has proper vents which allow it to breathe
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What are the Cons
Absolutely None
This grain silo is clean green
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These are photos from the grain sacks at Evolution Brewery taken on Feb 27 2U14
There is a film on everything from the grain sacks to the equipment from blowing dust It is very dirty
non hygienic
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This silo is galvanized steel has no reflection
The Silo is clean green and very nice looking Once stood up it will actually only block 1 YES I SAID 1
small window that actually doesn t have a view of anything anyway If we stick the silo in the middle of
the pad it would block the door and small window This silo will also only block the view of our parking
lot for a window that isn t even used Aesthetically the silo adds beauty while taking away the look of
the Adkin s old plain metal building
Bottlin Cannin
Bottlin and cannin are the lifelines of a brewerv Beer is suaqosed to be Canned Bottled
Liquor Packaged Goods Stores
Without canning or bottling we will lose all revenue from packaged goods stores
This is a huge advertising loss and 25 0 of our distributing revenue
Bars Restaurants without tap systems
Many bars and restaurants do not have tap systems but still sell bottled and canned beer This
restricts customers from enjoying our beer at these establishments It could be lost revenue not
only for us but for retail establishments that would like to sell our beer
Advertising
Bottling and Canning are the advertising arm of breweries Having cans and bottles allows
customers to bring our beer into their homes around their families and friends and helps us
expand ourbrand
Dangers of Growlers
By only allowing growlers the customer is limited to what they can take home Keg is out
because they won t have the space or refrigeretion So they take a growler which is only good
for 24 48 hrs Explosion If they have to drive more than a couple hours and a growler sits in
over 100 degree heat the growler could explode causing a bad situation for both us and Ocean
City This is taken care of with the sale of our pressurized sealed bottles and cans
Size of mobile bottling and canning operetions
These are small and efficient businesses They offer bottling and canning with minimal labor
space noise and time They take the space of a hospital stretcher are usually manned by 2 people
and operete at a
very
efficient rate
They
do not make
any
more noise than a fountain soda machine
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Meheen Bottling System
2 3 ft wide and 4 6 ft long
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Wild Goose Canning
2 3 ft
wide 4 6 ft
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Bar and Restaurant
Oktoberfest Atmosphere
I was once told that There is nothing better than sitting at long wooden tables talking to the
person next to you enjoyfng a fresh beer from the brewery with a plate of hearty food
This is what we would like to
bring
to Ocean
City
Our slogans are Good Beer Good Food Good
People
Drink Local This is what we wou d like to be known for
The bar area is oln to consist of S5ff lon German Oktoberfest e 9 9 g
styl tables for a very casual social
atmosphere A piace where you can enjoy a nice social conversation with exceptionai beer and food
This is what we want to bring to Ocean City
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OCEAN CITY BREWING COMPANY
Off Premise sales for our Beer
We would like to be able to sell our beer for off premise sales right from our retail shop AII cans
and bottles will be factary sealed containers from our produdion facility All beer is made from our own
recipes and produced exclusively by Ocean City Brewing Company This will add to our customer sjoy
and excitement as they will 6e able to take with them a 6 pack or case of their favorite beer Fram the
designs you wfll see that our merchandise shop is larger than the bar and restaurant combined because
we will be a tourist destination
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WINE PRODUCTS FOR RETAIL
We would like to sell in our bar restaurant and retail store our own private label wines We are
looking to produce our own red white sparkling rose and dessert wines These will be our own
recipes and produced exclusively for Ocean City Brewing Company These bottles will only be available
in our bar restaurent and packaged goods area of our retail store our goal is to stay ahead of the
6rewery game and if demand becomes strong enough we would like to further distribute our beer
wine and liquor brends Thus by selling our own brands of wine it will add to a more product branding
excitement and attraction to Ocean City Brewing Company
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DISTILLED PRODUCTS FOR RETAIL
We would like to sell in our bar restaurant and retail store our own private labeled distilled
liquor products We are looking to produce our own vodka rum gin whiskey etc These will be our
own recipes produced exclusively for Ocean City 8rewing Company These bottles will only be available
in our bar restaurant and packaged goods area of our retail stare Our goal is to stay ahead of the
brewery game and if demand becomes stro g enough we would like to further distribute our liquors
with our beer Dogfish head brewing is now the leader on cross 6randing liquor and beer They now
produce many distilled produds in their retail store and restaurent By selling our own liquor this will
add to a more unique attradion of Ocean City Brewing Company
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TIPS Alcohol Trainin
Certification
Who would Be Certified
Anyone who serves alcohol while working for Ocean City Brewing Company wi l take this
training and receive their certification This will include all bartenders baz backs servers and
managers We will provide onsite training
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ENTERTAINMENT
LIVE MUSIC
Nothing goes better with a good creft beer then some goad music We aren t talking loud bands
where you can t hear the person next to you We want our place to be a nice casual atmosphere with
some good tunes We have a planned 16x12 stage area set up for small bands ranging from a single
piana or guitar to S pieces Nothing over the top because we want the Oktoberfest style where our beer
and food are the main attradion We would like to have music available from 2pm to 12pm The only
reason we would like to have live music during the day is because of rainy days You know how Ocean
City gets in the summer during the rain We don t want music playing during dinner time while the
restaurent is packed But if iYs raining in the early afternoon and the bar is crowded what a nice bonus
it would be for our customers Remember this is a chilled out relaxed casual atmosphere so very loud
crazy music will not be in the cards And no DJ s
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ENTERTAINMENT
ARCADE GAMES
We would like to have 5 6 games with a mini arcade room on the premises for children to pass
the time while their parents enjoy the restaurant Absolutely no pool tables The spot aliotted will be a
small room inside the retail area We are only planning on maybe a racing game pinball a coupie claw
machines a souvenir photo booth In the design stage but it would be an Ocean City erewing Company
photo souvenir some candy machines and a golden tee in the bar area during the slow season
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OCEAN CITY BREWING COMPANY MENU
STARTERS APPETIZERS
BREWHOUSE PRETZEL AN EXTRA LARGE HOUSE MADE SOFT PRETZEL SERVED WITH OUR ALE INFUSED
SPICY MUSTARD BEER CHEESE SAUCE 6 99
CRAB PRETZEL EASTERN SHORE FAVORITE OUR HOUSE SOFT PRETZEL TOPPED WITH OUR SPECIAL
HOUSE CRAB DIP CHEDDAR CHEESE AND BAKED
GOLDEN BROWN 12 99
CRAS DIP EASTERN SHORE CLA551C PERFECTLY SEASOIVED FRESH CRAB MEAT SERVED WITH
TOAST POINTS 12 99
BREWHOUSE BLOOMING ONION INSTANT CLASSIC PERFECTLY SEASONED IN OUR BEER BATTER
W OUR HOUSE SRIRACHA AIOLI 9 99
CHICK N TENDERS ALL WHITE MEAT CHICKEN STRIPS SEASONED WITH OUR ALE INFUSED BATTER
SERVED WITH HONEY MUSTARD DIPPING SAUCE 8 99
MOZZARELLASTICKS REAL WISCONSIN CHEESE COVERED IN CLASSIC BREADING ANQ SERVED WITH
OUR HOMEMADE TOMATD DIPPING SAUCE 8 99
SWEET
POTATO FRIES DRIZZLED WITH HONEY BROWN SUGAR 6 99
1 ITALIAN SUB SALAD VERY UNIQUE HOMEMAOE DICED AND CHOPPED ITALIAN COLD CUT SERVED
OVER BED OF LETTUCE WITH TOAST POINTS 8 99
OCEAN CITY BREW HOUSE EGGROLLS
8 99 I
OC
BREWHOUSE OR SEAFOOD 12 99
THESE ARE OUR SPECIAL HOMEMADE EGG ROLLS MADE FRESH TO ORDER PERFECTLY SEASONED
WRAPPED IN A WONTON WRAPPER AND FRIED GOLDEN BROWN CHOICE OF DIPPING SAUCE HEINZ
KETCHUP HOUSE SRIRACHI BBQ HONEY SRIRACHA GINGER HONEY ROASTED GARLIC OLD BAY SPICY
GORGONZOLA OR HORSERADISH BLAZE
CHEESE STEAK SEASONED PEFECTLY WITH PROVOLONE CHEESE
CNICKEN CHEESE STEAlC ALL WHITE MEAT CHICKEN AND PROVOLONE CHEESE
RHILLY STYLE STEAK OR CHICKEN CHEESE SAUCE FRIED GREEN PEPPERSJONIONS
HONEY SIRACHI BBQCHICKEN INFUSED HONEY SRIRACHA BBQ SAUCE
JERK CHICKEN MARINATED IN OUR JERK SEASONING WITH PROVOLONE CHEESE
THAI CHICKEN HOISEN SAUCE MOZZARELLA CARROTS ROASTED PEANUTS SPOUTS
BUFFALO CHICKfN BUFFALO SAUCE AND MOZZARELLA
1
BCR BACON CHICKEN AND RANCH DRESSING WITH MOZZARELLA
BLACK BLUE CHOICE RIBEYE STEAK 1NFUSED WITH BLUE CHEESE
PIG BARON OUR HOUSE SAUSAGE WITH FRIED GREEN PEPPERS ONIONS
VEGGIE OVERLOADED WITH VEGGIES MOZZARELLA CHEESE
SLOPPY JOE GROUND BEEF WITH HOUSE MADE SWEET SPICY SLOPPY 10E SAUCE
SANCHEZ SPICY CHILI IALEPENOS AND CHEESE
OC BREWHOUSE TRI TIP FILET W MUSHROOMS MASHED POTATOES GORGONZOLA
SEAFOOD GENEROUS PORTION OF CRAB AND SHRIMP WITH OLD BAY SEASONIAIG
FAMOUS JUMBO WINGS 8 9 9912 12 99 24
22 99
SERVED WITH CEIERY AND CHOICE OF RANCH OR BLUE CHEESE DRESSING HOUSE HONEY OlD BAY
HONEY BBQ SRIRACHA TERIYAKI OLD BAY JERK BUFFALO MILD BUFFALO HOT APOCALPSE
EXTREME PAIN
BOARDWALK STYLE FRESH CUT FRIES OR OUR FAMOUS
BREWHOUSE TATER TOTS
CHOICE OF SALT GARLIC PARMESAN OR OLD BAY
LARGE BASKET 7 99
ADD MELTED CHEESE 2
I
ADD JAtAPEN05 CHEESE 2
ADD BACON CHEESE 3
ADD CHILI CHEESE 3
i BURGERS CHICKEN BLACK BEAN BISON i
PORTABELLO MUSHROOM 9 99
PLEASE CHOOSE BETWEEN 1 2 LB RASTELI 100 ANGUS CHUCK SMASH BURGER ALL WHITE MEAT
CHICKEN BREAST BLACK BEAN BISON OR PORTABELLO MUSHROOM
SERVED OPEN FACE ON A FAMOUS AMORO50 SOFf ROLL WITH LETTUCE TOMATO ONION SIDE OF
COLESIAW WITH OUR HOUSE MADE POTATO CHIPS UNLESS OTHERWISE NOTED PLEASE ADD 2 99 FOR
BOARDWALK FRESH CUT FRENCH FRIES OR OUR BREWHOUSE TATER TOTS ADD A SIDE OF OUR
FAMOUS ITAUAN SUB SALAD FOR 2 99
OC CtASSIC SERVED PIAIN WITH A LITTLE PINCH OF OUR HOUSE SEASONING
OC CLASSIC W CHEESE PROVOLONE CHEESE SAUCE MOZZARELLA SWISS OR AMERICAN CHEESE
PHILLY STYLE TOPPED WITH CHEESE SAUCE FRtED GREEN PEPPERS ONIONS
BACONATER STACKED HIGH WITH BACON AND AMERICAN CHEESE
JERK MARINATED IN OUR SPECIAL JERK SEASONING WITH CHOICE OF CHEESE
BANDITO FRESH CHILI JALAPENOS CHEDDAR CHEESE
HANGOVER HELPER AMERICAN CHEESE BACON AND TOPPED WITH A FRIED EGG
PIZZA BURGER TOPPED WITH OUR HOMEMADE TOMATO SAUCE AND MOZZARELLA
MAUI WOWiI PERFECT COMBINATION OF PINAPPLE HAM SWISS TERIYAKI SAUCE
SHROOM FRIED MUSHROOMS SWISS
BUFFALO BUFFALO SAUCE PROVOLONE RANCH DRESSING
BREWHOUSE BIJRGER TOPPED WITH HOUSE CUT FRIES AND OUR BEER CHEESE SAUCE
SHOREBIRD SURF TURF TOPPED W1TH OUR FAMOUS HOMEMADE CRAB DIP AND CHEDDAR 12 99
OC BREWING GOURMET PIZZA 12 99
CHOOSE BETWEEN OUR 10 IN FRESH HAND TOSSED NAAN OR FLAT BREAD CRUST
CHEESE MOZZARELLA TOMATO SAUCE
PEPPERONI LOADED WITH PEPPERONI
HAWAIiAN PINAPPLE HAM AND TERIYAKI SAUCE
THE FARMERS DAUGHTER ONIONS MUSHROOMS GREEN PEPPERS GARLIC
BUFFALO CHICKEN BUFFAL SAUCE GRILLED CHICKEN
BACON CHICKEN RANCH BACON GRILLED CHICKEN AND OUR COOL RANCH SAUCE
THAI CHICKEN HOISEN MOZZ CARROTS GRILLED CHICKEN ROASTED PEANUTS SPOUTS
GC DFATHER SAUSAGE MUSHROOMS GREEN PEPPERS ONIONS
PHiLLY CHEESE STEAK RIBEYE S7EAK CHEESE SAUCE GREEId PEPPERS ONIONS
PNILLY CHICKEN CHEESE STEAK GRILLED CMICKEN CHEESE SAUCE GREEN PEPPERS ONIONS
WHITE RiCOTfA MOZZARELLA GARLIC OLIVE OIL
MARGARITA FRESH MOZZARELLA SLiCED TOMATOES
BREWHOUSE TRI TIP FILET WITH MUSHROOMS GORGONZOLA CHEESE 14 99
CRAB PIZZA LOCAL FAVORITE JUMBO LUMP CRAB CRAB DIP OLD BAY AND BAKED TO PERFECTION
18 99
BREWHOUSE SIGNATURE SPECIALTY SANDWICHES
SERVED ON A FAMOUS AMORO50 ROLL WITH OUR HOUSE MADE POTATO CHIPS AND SIDE OF
COLESLAW ADD BOARDWALK STYLE FRESH CUT FRIES OR DUR BREWHOUSETOTS FOR 2 99 ADD A
SIDE OF OUR FAMOUS ITALIAN SUB 5ALAD FOR 2 99
OUR FAMOUS BREWHOUSE SURF TURFICRAB OVERLOAD THIS IS ONE TO WRITE HOME ABOUT
OLD BAY INFUSED SAUSAGE JUMBO LUMP CRAB CAKE TOPPED WITH OUR FAMOUS CRAB DIP
24 99
BREWHOUSE CHEESESTEAKS PHILLY WHO STEAK OR CHICKEN W FRIED GREEN PEPPERS
OPlIONS TOPPED WITH PROVOLONE OR CHEESE SAUCE 9 99
OC FISH CHIPS YOU WILL BE HOOKED OUR ALE INFUSED BEER BATI ERED FISH FILLETS SERVED
WITH OUR FRESH CUT FRIES TARTER SAUCE 12 99
OC BREWING FAMOUS FAMILY SAUSAGE OUR SAUSAGE IS 50 TASTY IT IS OFTEN REQUESTED PLAIN
HOUSE STYLE OR W FRIED GREEN PEPPERS AND ONIONS 9 99
OC BREWING S OLD BAY INFUSED SAUSAGE SERVED PLAIN HOUSE STYLE OR W FRIED GREEN
PEPPERS AND ONIONS 9 99
I
BREWHOUSE TRI TIP FILET SANDWICH THIS MOUTH WATERIIVG TRI TIP FILET PERFECTLY SEASONED
TOPPED W GORGONZOLA MUSHROOMS GLAZE 14 99
LOCAL LEGENDS qtA6 CAKE OUR FAMILY S SECRET RECIPE JUMBO LUMP CRABCAKE SEASONED
BROILED OR FRIED TO PERFECTION TARTER SAUCE ON THE SIDE 12 99
BREWHOUSE ENTREES
OC BREWHOUSE S SOON TO BE FAMOUS POT PIE
NOR ESTER COMBINATION OF LOBSTER SHRIMP CRAB AIVD VEGETABLES IN A LOBSTER
BISQUE BROTH BAKED TO A GOLDEN BROWN 18 99
SHORE EASTER COMBINATION OF CHICKEN CORN AND VEGETABLES PERFECTLY SEASOfVEp
BAKED TO A GOLDEN BROWN 15 99
FILET TIP PERFECTLY SEASONED FILET TIP SERVED ON TOP OF OUR DELICIOUS BREWHOUSE MASHED
POTATOES AND VEGETABLE OF THE DAY 22 99
BANGERS 84 MASH CHOICE OF OUR FAMILY HOMEMADE BREWHOUSE SAUSAGE OR OUR OLD BAY
INFUSED SAUSAGE SERVED ON TOP OF SMASHED POTATOES AND VEGETABLE OF THE DAY 16 99
LOCAL IEGENDS CRAB CAKE PLATTER OUR FAMILY SECRET RECIPE 21UMB0 LUMP CRABCAKES I
SEASONED SERVED WITH RED POTATOES AND VEGETABLE OF THE DAY 22 99
FISH OF THE DAY FRESH CATCH 0 THE DAY ASK YOUR SERVER PERFECTLY SEASONED BROILED
WITH OUR SPECIAL LEMON BUTTER SAUCE SERVED WITH REO POTATOES AND VEGETABLE OF THE DAY
22 99
i
ADDITIONAL SIDES RED POTATOES MASHED POTATOES FRENCH FRIES BREWHOUSE TOTS
VEGETABLE OF THE DAY SMALL SIDE SALAD
SALADS
ADD GRILLED STEAK CHICKEN SHRIMP OR PORTABELLO MUSHROOM 4 99
HOUSE SALAD FIELD GREENS TOMATOES CUCUMBERS CELERY ONIONS CARROTS PEPPERONCINiS
HOUSE DRESSING 6 99
ITALIAN SUB SALAD VERY UNIQUE HOMEMADE DICED AND CHOPPED ITALIAN COLD CUT SERVED
OVER BED OF LETTUCE WITH CHIPS SLICED FRENCH BREAD 8 99
CAESAR SALAD CRISP ROMAINE LETTUCE PARMESAN CHEESE CROUTONS CAESAR DRESSING
SERVED ON THE SIDE 6 99
OC BREWHOUSE SALAD ROASTED RED PEPPERS PINE NUTS TOMATOES GORGONZOLA CHEESE
WALNUTS CRANBERRYS BOARDWALK FRIES AND HOUSE VINAIGREITE 8 99
DRESSINGS HOUSE VINAIGRETTE HONEY GINGER RANCH BLUE CHEESE THOUSAND ISLAND CAESAR
FRENCH OIL VINEGAR PEPPER PARMESAN CREAMY iTALIAN
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i
SOUPS
SERVED WITH CRACKERS 6 99
HOME MADE BEER CHEESE SOUP
MARYLAND CRAS SOUP
IOBSTER BISQUE
FRENCH ONION
KI DS MEALS
SERVED WITH CHOICE OF BOARDWALK FRIES TATER TOTS OR APPLESAUCE INCLUDES DRINK SCOOP
OF ICE CREAM 5 99
HOT DOG
HAMBURGER
CHEESE BURGER
GRILLED CHEESE
CHICKEN TENDERS
MINI CHEESE OR PEPEROfVI PIZZA SERVED WITHOUT ANY SIDES
OC
BREWHOUSE HOMEMADE EXCLUSIVES OUR LOGO
ON MENU NEXT TO THESE ITEMS
BEER TO G4 PICK UP ONE OF UR HANDCRAFTED
BREWS TO GD IN UR fi40Z GROWLERS
BREAKFAST
SERVED 6AM 11AM DAILY
T O EGGS CHOICE OF HAM BACON OR SAUSAGE TOAST
CKEN BREAKFAS Tw
SPRING CHI
SERVED WITH TATER TOTS 6 99
BIG BREIMHOUSE BREAKFAST BELGIAN WAFFLE WITH TWO EGGS CHOICE OF HAM BACON
OR SAUSAGE 8 99
PIGS WITH BLANKETS STACK OF PANCAKES WITH TWO EGGS CHOICE HAM BACON OR
SAUSAGE 8 99
MOONS OVER MY MUFFINS TWO FRESH EGGS POACHED WITH CANAQIAN BACON ON
ENGLISH MUFFIN HALVES TOPPED WITH HOLLAWDAISE SAUCE AND SERVED WITH OUR BREWHOUSE
TATER TOTS 9 99
COUNTRY BOY BREAKFAST STEAK EGGS Served with two eggs choice of bread english
muffin toast or amoroso roli sen ed with our brewhouse tater tots 14 99
BREWHOUSE BREAKFAST EGG ROLL ONE OF OUR FAMOUS EGG ROLLS FILLED WITH
SCRAMBLED EGGS AMERICAN CHEESE AND CHOICE OF SAUSAGE HAM OR BACON 8 99
BREAKFAST PIZZA THE CLASSIC AMERICAN BREAKFAST TRANSLATED INTO PIZZA SCRAMBLED
EGGS AMERICAN MOZZARELLA CHEESE ON OUR PERFECTLY MADE CRUST DELICIOUS CHOICE OF
TOPPINGS 1 25 EACH BAGON HAM SAUSAGE GREEN PEPPERS ONIDNS TOMATOES MUSHROOMS
12 99
MAKE YOUR OWN THREE EGG OMELETTE
SERVED WITH TOAST BREW HOUSE TATER TOTS CREATE YOUR OWN 8 99 CHOOSE YOUR CHEESE
MOZZARELLA AMERICAN PROVOLONE SWISS OR CHEDDAR THEN CHOOSE FROM THE FOLLOWING
ADDITI NAL TOPPIWGS 99 BACON HAM SAUSAGE GREEN PEPPERS ONIONS TOMATOES
MUSHROOMS EGG WHITES 1 49 ADDITIONAL
SIGNATURE OMELEITES
CRAB EXPLOSION OMELETTE FILLED WITH OUR SiGNA7URE CRAB MEAT AND CREAMY CRAB DIP THEN
TOPPED WITH CHEDDAR CHEESE 16 99
BREWHOUSE FILET OMELEITE FILLED WITH TRI TIP FILET MUSHROOMS AND CHOICE OF CHEESE
14 99
FRESH SQUEQED ORANGE JUICE SM 3 99 LARGE 4 99
FRESH TEA COFFEE 2 49
SODAS 2 49
KIDS BREAKFAST 3 s
1 SMALL STACK PANCAKES W TATER TOTS 2 1 EGG CHOICE OF MEAT SAUSAGE HAM BACON
W TOAST TOTS 3 FRENCN TOAST W TATER TOTS
EACH COMES WITH A DRINK JUICE BOX MILK SODA
s
Maresol Owner s Responses
RE Request
by
O C
Brewing Co to Mend and or alter an existing Conditional
Use in the LC 1
Local Commercial District Use Permit 13 16100001 to allow 1
bottling and
canning
to be added to the interior of the
brewery
section of the premises 2 to
erect a silo on the exterior of the premises
Uait 204 Greg Loose
What is your opinion
Unit 205 Daniel Guater
Our basic concern is the location of the silo and the resultant truck traffic of a
canning
operation that could expand over time if the product is popular After all
this is a brewery operation that will not be satisfied with the status quo if there is
a growing demand for the products being offered
In regards to the silo does its proposed new location eliminate Maresol concerns
over odors and increased attraction of gulls that could impact the use of our pool
and units
by
owners and guests
If the location is approved and our building
does experience problems with these issues what will be done to correct
problems
Maybe these are unwarranted concerns but our building should be
protected should difficulties arise in the future regarding both the canning
operation and silo location I think our board recognizes the owners and
operators of the brewery are going to paint a very rosy picture in their own best
interests
Ocean City should insure that going forward we are protected should
problems arise in the future
Dan and Bonnie Gunter
Unit 206 Mark 8s Mary Watts
We are concerned about the same things as before traffic trash odors property
devaluation and unsightliness of tower and upkeep removal of grains in timely
fashion We hope they are better at property cleanliness and trash pickup than
Johnnie s restaurant
While we realize we have commercial
property
in our front yard we want all
proper measures to be taken to ensure both the brewery and our properties
Interests are considered On the upside we are looking forward to good beers and
being
able to walk to a restaurant
nearby
that
hopefully
has good food good
service and is a good neighbor
Mark and Mary Watts
Planning Zoning Commiss on
Unit 20T Russell 8turtevant Ocean City Maryland
Case
0
fxhibit
f
Date 6
ro
n
rs l
9 tru t
We are opposed The odor alone would be offensive to me I Michele am not a
drinker I
personally
never could stand the smell of beer
I truly believe the noise
dust dirt fumes and extra traffic would be nothing but an added nuisance The
added traffic will cause continuous problems
Fact is all provided parking is
already
full well over the need of
parking
And the side streets are jammed with
the parking overflow For the last several years cars have been parking bumper to
bumper from the corner of coastal highway all the way past the Light house until
it reaches the bay This will absolutely cause further problems not to mention
traffic jams
I believe the filling of their silo will cause a lot of dirt dust and particles to be
released into the air in which we have no choice but to breath I believe the dirt
dust and particles will cling to our condominium building which will cause added
cost to each owner to maintain the cleanness of the exterior of the
building
Our
pool and pool area will also be in jeopardy of the smell dust and particles that
will be air bound during the filling of their silos and production process etc This
will be another additional cost to the owners for pool cleanness and up keep
Ongoing traffic will not provide a relaxed or peaceful setting for the people who
reside in the condo day in and day out or the guests who have paid for a peaceful
and relaxing setting during their vacations
I have a great concern
regarding lighting
traffic and noise Our bedroom in
I
which we
sleep
will be
greatly
affected
by
the
lighting
and traffic noise We
bought this home to live in relax in and enjoy
Please note the exact location of our home condo unit 207 in regards to this
proposed site Our home entrance bedrooms and living space will be directly and
greatly impacted by all the negative factors
Because the lumber yard was approved in 1973 is not basis for a brewery to be
approved in that location in 2014
There were not as many neighbors at the time
of the lumber yard approval
We do not feel that brewery is the type of neighbor that would do well for us or
our condominium neighbors
Although the applicant states the building is suited
to such a use that is not justification for the neighbors to have to indirectly
absorb some of the cost of this business by the additional trash odor and dust
from the silo filling
Thank you for the opportunity to voice our opinion of this proposal
Russ and Michele Sturtevant
Burt 8c Aaae Poague
Maresol 208
We would like to see the silo moved away from Maresol towards Coastal Highway
Burt 8y Anne Poague
Maresol Uait 301 Joe Mosca
I am NOT opposed to the Silo as it is now presented
away from the Maresol
building and as far East along the OC Brewery as possible the silo needs to be
painted the same color as the OC Brewery building
I am NOT opposed to Canning 8v Bottling as long as the trucks deliver and load
on the OC
Brewery property
NOT on 56 St
and the bottling 8ti canning
operation is performed inside the OC Brewery building
Unit 301 Marla Jassen
I have mixed feelings about the silo
I am concerned regarding rodents and
without the silo storage of the grain and additional deliveries may pose a problem
for the Maresol I think the silo moved as far forward as they will allow makes
sense
I think canning should be done in an industrial park 56 street is narrow with
cars parked on both sides and traffic and parking is always an issue The added
congestion with this part of their business could have a negative impact on the
area
Ocean city politics as it is if this is going to pass anyway we need to consider the
costs and what we can expect to accomplish if required I think it should be OC
breweries responsibility to provide the impact studies that were previously
discussed
Marla Jassen
Uait 306 Lane Robert Hubbard
I am not opposed to the silo
provided it is placed away from the Maresol as
planned
I am opposed to canning and bottling It give our resort area more of an industrial
feel
Unit 307 Debbie Iieath
Once again
requesting
that
they
paint the back of the
building
and the roof We
would prefer that they not be allowed to bottle or can and distribute beer
Weren t they originally restricted from doing so and why is this now being
discussed again
We are worried about traffic at the light it is already a
bottleneck when big trucks park next to Johnny s for deliveries That would just
bring more trucks to this side street and congested intersection
FYI they have started brewing or testing or something the smell is distinctive and
depending on how the wind blows could become very offensive
The Heaths
Unit 308 Stevens Patricia Jones
II
In your message you stated
Please note that they show a revised Silo location
moved
away
from the Maresol We also should note where the proposed front
loaded compactor and dumpster location is situated with its associated noise and
odors Could they put it any closer to our building for members and their families
I
to see and smell
Why not place it to the Coastal Highway side of the proposed
site for the silo
away
from the front doors to our
building
and pool Does
anyone want to estimate just how close their trash and garbage will be to our
front doors
particulaxly
the north side of our
building We already have the
noise from their chiller and trucks making deliveries and picking up product to be
sold elsewhere A little to close for comfort in
my
opinion What plan does OC
Brewing have for noise and odor abatement not to mention their plan to maintain
the aesthetics of the residential area
Who really wants to be looking at and
smelling
trash just a few feet from the front door of their residence If OC is
really
serious about
being
good neighbors with the members of the Maresol
community they should move their trash to a more reasonable area of their
property
like where the silo is proposed and
keep
the silo inside
I am fairly
certain OC Brewing executives and owners would not be pleased with having a
large trash bin situated near the front door of their residence or even their
commercial establishment
so why are they proposing that we be subjected to
such a plan
Similarly would the OC zoning officials like to have trash bins and
silos a few feet from their front doors These are the questions that should be
asked because we know what the answers true answers would be Fundamental
fairness and respect for Maresol members would be demonstrated by OC by
agreeing to these satisfy these significant concerns smj 308
Unit 310 Bob 86 Kim Corbitt
Yes we have quite a bit of concerns We never received the first notice that you
reference was sent on 05 23
Would you mind resending the first notice so as to
make sure we are not
asking
redundant questions
We are particularly
concerned about the smell emitting from the brewery
Thanks
Kim Corbitt
Unit 402 Jim and Aan Deitrick
Regarding
the OC
Brewing
Co We continue to be concerned about noise traffic
congestion
parking issues dust and debris and resulting property devaluation
that the OC
Brewing
Co operations
may
cause
If they can operate their business
with minimal impact to the
surrounding
residential area there could be some
benefit to the area in general
However to this point they have not demonstrated
that they have any such consideration for the surrounding area and neighbors
If the silo would
help
eliminate such things as noise truck traffic for material
deliveries dust from the material stored in the silo and does not present a safety
hazard i e grain explosions we could live with it if it is moved as far
away
1
eastward from the Maresol as possible and made as unobtrusive as possible
Hopefully this means more to the east than is shown on their most recent site
plan And the use of some make it invisible paint
Canning Bottling
Operation
We believe that a canning and bottling operation
if allowed will set them up to brew more beer than the 1 000 gallons per week
they
testified about
producing
at the
January
2014 P8vZ public
hearing
We do
not think this restriction on their CU Permit should be amended since we believe
higher levels of beer production will exacerbate all the issues we are concerned
about
Jim and Ann Deitrick
Unit 403 Demetrios Zerefos
Jim my wife and I strongly oppose to both requests of a brewing company having
a silo and
canning bottling
operation on the premises It will be detrimental to
our investment at Maresol This type of operation requires an industrial zoning
There will be issues with odor noise level fire hazard safety not to mention the
negative visual appeal Please support Chris D to block their request Our board
should also notify the members on the board to the surrounding buildings to join
our fight
We have already spent money for legal fees please don t quit the fight
now
Sincerely
Demetrios and Tina Zerefos
Uait 404 L Suttoa 86 G Hargest
We have general concerns related to the silo structure the odors and the
potential for a lot of late night activity that involves alcohol directly next to our
building
I
I
Uait 405 John 8terns
We have general concerns related to the silo structure the odors and the
potential for a lot of late night activity that involves alcohol directly next to our
building
Unit 406 Jim Williams
I have no issues with the proposed amendments
Unit 408 Chris Demopoulos
I
We are
very
much opposed to both requests These two modifications Silo and
Canning Bottling
will give the O C
Brewing
Co the capabilities to produce
enormous amounts of beer
This will have a multiple effect on the amount of dust offensive odors noise
levels
safety
fire hazards
quantity
of trash
parking
congestions Visual
I
obstructions increase traffic attraction of birds and mice along with waste water
issues
Conclusion this kind of activity belongs in an industrial zoning
Thanks
Chris Demopoulos
Uait 409 Frank Tribull
I opposed the OCBC for getting the rights to can and bottle beer from this location
in Ocean City Maryland The grain silo should be inside the building along with
the other equipment as the Mayor and City Council said it was to be put
Bottling and Canning of beer I am against because this was not supposed to be a
manufacturing plant Enclose is a flyer I picked up at a bash in Ocean City they
stated that
they
will be
making
24 different kinds of beer for
1
2 kegs 1 6 kegs
growlers 22onces bottles all year long I suspect they will also manufacture kegs
of beer and start a distribution center from this site
The trash containers and trash compactors should be away from the condo units
and swimming pool they should be close to the Highway
Uait 504 Richard White
Monica Not sure what form you would like our responses but I am opposed to
the OC Brewing Co s request I strongly feel that this organization OC Brewing
Co will create
parking
issues noise issues as well as odor and pollution
problems for all residents of the Maresol building
Thank You
Unit 510 Tom James
I am not opposed to the silo provided that it is moved as far East as possible
away from the front of the Maresol and is painted tan to match the building
I am not opposed to canning and bottling provided it is done completely inside of
the
building
f
PLANNING AND ZONING COMMISSION
Donna Shoros Ocean
City Brewfng
Co FILE 13 16100001
5508 Cosstal Highway
Conditlonai Use Public Hearing
January
7 2014
pr
ning
Zoning Commissiort
Ocean City Maryipnd
pse 1 G
v c
PRESENT SIATTENDANCE
Pem But
cley
Blaine Smith
ExF ibit
Y
Date 6
S
John
Staley Kay Stroud
Peck Miller Matt Margotta c t
l
Palmer Gillis Bob Nelson
Lauren Taylor
Will Esham Attomey
Joel Brous
This meeting of the Planning and Zoning Commission was held on Tuesday January
7 2014 in the City HaQ Council Chambers located on Bal more Avenue and 3nd Street
ti
Ocean City Maryland Pam Buckley Commission Chairperson calied the meeting to
order
BUCKLEY Alright this is the public hearing for this Tuesday January 7 2014 The
item before us pursuant to the provisions of Article I I Section V Conditional Uses A
request has been fikd under the provisions of Section 110 514 uses permitted by
Condi ional Use in the LG1 Local Commercial District to permit a portion of the
proposed establlshment to en age in brewing similar to other manufacturing and
wholesale eatablishments listed herein ConcuRen y a site plan review of propoaed
mixed use project consisdng of the wholesale Ixewery restaurant bar and retaii area
will be conducted The site of the request is described as an unnumbered lot of the Isle
of VYght Plat fu ther described as located on the west side of Coastal Hiyhway and on
the south side of 56 Street and known localiy as 5509 Coastal Highway in the Town of
Ocean
City
Maryland The applicant is Donna Shores flle 13 16100001 Prior to all
public hearings it is
necesaary
that I ask if anyone in the audience has
any
iss s with
any of these commissioners taking part in this public hearing If so please say so naw
Airight there bein no problem with any of the commissioners all of us will continue to
sit with Chris Shanahan in absence Alright we ll start with the introduction of the case
from Mr Smith
ESHAM
Under the penal es of pe jury do you hereby swear to tell the whole truth and
SMITH
I do What I would like to do well first of all after receiving the application we
did post the
property
on December 18
and we ran advertisemerrts in the Ocean Clty
Digest beginning on the 18 and then a week later so we ve advertised 14 days prior to
this hearing and we did send notice to adjacerrt properties within a 300 radius that this
meeting was taking place and its purpose The applicant has supplied a set of plans that
I ve given to Mr Esham the attomey as Exhibit 1 as architect er applicant s Exhibit
that shows the architectural features of the layout of the restaurant and retail store on
the east side of the buildiny which is an existing building and then the brewery
operation on the back side or the west side of the building The building already exists
1
C OPPER Okay and you ve been involved in this project really since the inception of
setting everything up and acting as the prime consultant
FESCHE Yes
CROPPER And if this project does receive all the required approvals you ll be the
manager of the brewing side of the property the manufacture of beer
FESCHE Yes
CROPPER Describe for the Board if you would or Commission what s going to
happen there how much beer you re going to manufacture and that sort of thing what
supposedly
F
C OkaY each batch is oing to be about 1 000 pallons of beer at a me and I
imagine our produdion schadub wiil be brewing orwe a week thaYs a c onaervative
estlmmatie But that will be one day of brewing the next day will be cleaning the ne ct day
wiil be packaging the next day wiil be loading trucks and taking care of material
CROPPER So you an cipate the ac ive manufac ure of beer will about one day a week
FESCHE Yes
CROPPER Okay and about how many employees will that require
FESCHE Including myseff five people or less
CROPPER Okay and just as a just information for the Board the Code as iYs written
required 23 parking spaces for that use for those five employees and thaYs why the
Board of Zoning Appeals we were here and they gave us the parking exception
FESCHE Right we don t need that many parking spots
CROPPER Okay and the brewery area that s in the west side the westerly one half of
the building that s not a public access area is that correct
FESCHE No the public won t be allowed back there
CROPPER Okay they can see in there through glass but they re not allowed to be
back there
FESCHE Correct
CROPPER So iYs your anticipa on that if everything goes well once you re up and
running
and
moving
you ll do one batch a week which will be 1 000 gallons I
FESCHE Yes
CROPPER Okay and you ll brew once a week and that will take about five employees
Now whaYs the grain that you use
5
v
F H
IYs mal d bariey
CROPPER Okay and how does that how is that delivered to the prem es
FESCHE IYb pet de vered
by
a bulk Vuck and iCil be blown with sdK prs ure 1Mo our
sdo and that sNo v hold enough gra tor sbout 10 batc es of besr so that silo will get
filled roughly every ten weeks
BUCKLEY Okay
CROPPER
Okay
so when thir s are goir
good onoe every ten weeks they ll come
and flU your silo with the malted barfey
FESCHE Righ
CROPPER And less in the winter or other times when things are slower
FESCHE That s right
CROPPER Um tell me about you say you make about 1 000 gallons of beer How
much water do you use to make that and how much is left over
FESCHE Our standard formula is 7 to 1 gallons Seven gallons of wastewater to make
one gallon of beer About 7 000 gallons of wastewater a week
CROPPER Okay so it will be 7 000 gallons and you ll end up with 1 000 gallons of
beer
FESCHE CoRect
CROPPER Okay and what happens to that wastewater do you do anything to it to
make sure that iYs taken care of
FESCHE A lot of it is rinse water so it is you know the chemicals that we use to clean
the tanks with get neuValized with rinse water before going into the drain and our drains
are gang to connect it to tanks that settling tanks that are outside the building that will
collect any sol ds that go down the drain And that would be grain that falls on the floor
CROPPER Okay so you ll neutralize the water first the clear water first and then
secondy you have a sort of a specialized grease trap which is a double a double
chambered grease trap that coliects the solids
FESCHE Yes
CROPPER And the solids a e sort of the leRover grain
FESCHE Leftover grain that spills on the floor and maybe some hops that are stored in
a slurry form after the boil
CROPPER Okay and what happens to the part thaYs left over
6
v
I
manufacture to pick up the waste Other than ordinary like paper products and that kind
of thing does your side of the operation have any other deliveries
FESCHE Well we il be sending kegs out to other bars and restaurants Those kegs
will be retumed to us at some point so that is part of receiving in the brewery
CROPPER Okay
FESCHE Kegs going in and out
ROPPER Okay um but again that wouid be no different than if I went with some kind
of use that didn t require a CondiGonal bought a keg of beer had a party and took it
back
FESCHE Sure
CROPPER Tell me about the odor if any assocc iafisd with this
FESCHE Durin the brewin prooess ther e are stacks that leave from the ke s out
the roof of the
dfng
and thene s some smell asaociatad with
browin IYs usually no
more offensive than a bakery And the brewing prooess is about 4 or 5 hours of a day
so just one day a week 4 or 5 hours there might be some odor outsideLthe rost uraM
outside the bu ding
CROPPER But in your opinion iYs not offensive the odor
FESCHE No no
CROPPER Of making the beer and that s been your experience at the other four
breweries where you ve worked
FESCHE Yes
CROPPER And they ve had a similar type odor Does the type of beer that you brew
does the odor vary depending on the type of beer that you brew
FESCHE Very little
CROPPER But it would take a real connoisseur to go by and smell it
FESCHE Yes I could tell it
CROPPER Okay we ve been through the frequency of the brewing how about any
how about any light or glare or shine or anything like that
F H Not that I m aware of no
CROPPER Okay this is all in the rear of the parking lot outside you re going to have
the storage fadHly or the grain ripht
FESCHE Yes
8
i
CROPPER And tl at rain gets b1oMm in and then everything else is housed oompletey
inside ff be building
FESCHE Yes
CROPPER And it s in an area that there s no public access
FESCHE CoRect
CROPPER The only way the public sees it is to come in the etail or bar portion and
look in through the glass
FESGH CoRect
CROPPER I can t come in and walk around kick the tanks take a look or anything like
that okay and that wiA be closed up when you re lxewing and it will be esserrtially
dosed down juat for viewing when you re not brewing
FESCHE Yes
CROPPER Okay and in your experience having been with four breweries 1 000
gallons a week that s
going
to be more than enough to serve what s
going
on I mean
things will have to be going really good to use a 1 000 a week
FESCHE Yes
CROPPER Okay um now what types of a just for the information of the board what
types of beers do you propose to brew there
FESCHE We re going to make a variety of beers some traditional standard styles as
well as some more new American exotic styles of beer So something from the whole
spectrum of beer styles Very light approachable beers to something thaYs a little more
chalienging
CROPPER Okay
FESCHE IYII be about 12 different styles of beer on tap
CROPPER Okay and you have you ve been in this building obviously many times
now designing the configuration of the brewing manufacturing and just for the record
this is the rehab of the existing building thaYs there
FESCHE Yes
CROPPER And i s your opinion I think you testified before the BZA that this is really a
good use for this existing
FESCHE The buikiing is well suited for brewing yes
9
v
CROPPER And probably thaYs one of the few things a lumber yard or a brewery is
one of the few things that this existing building is suited for
FESCHE Yes
CROPPER You ve also viewed the area surrounding there and as somebody who s
been in this business since 1992 do you believe this use is going to be compatible with
the suROUnding neighbofiood
ESCHE Yes
ROPPER Okay and again the noise the fumes the glare there ll be no vibratlon
F CH No
CROPPER
and all those types of things will be such that they ll be compatible with
the Johnny s Pizza with the condos and with the hotel next door
FESCHE Yes
CROPPER As a matter of fact just for the board s information Johnny s Pizza was
here represented by an attomey at the Board of Zoning Appeals and when we had
discussions with them they withdrew their objection to the application
F H ThaYs coRect
CROPPER And they re not here tonight ThaYs really all I have for Ma lc I m su e you
guys have some questions because he will be the manager in charge of the brewing
operaation
BUCKLEY Okay we will ask him those now
CROPPER Okay
BUCKLEY Who has a question Who s the first one
MILLER I have a question
BUCKLEY Okay Peck
MILLER You d mentioned 1 000 gallons a week conservative What side of
conserva ve were you going on will you be brewing more or will you be brewing less
FESCHE I think we d like to brew more It s oertainly based on sales
MILLER
Okay
if you d more then you d have more deliveries and more traffic and
more
FESCHE ThaYs fair to say yes
MI L
Okay
10
BUCKLEY What would be a maximum for th particular business
FESCHE A maximum I would think would be tnur times a week would be really
pushing it 1Me couid pnobably do two mes a week comfortably
I
BUCKLEY Okay
FESCHE When you say a maximum is that the most you could do or thaYs the most
people would consume
UCKLEY No because you ve s ll got to clean it and ali that he s got to do the whole
process iYs a three or four
day
ocess just to do it
F H Two weeks to a month so yeah we just have to wait for a tank to open up
sometimes before we can brew There are times when we don t brew for a week
because we don t have an empty tank
MILLER So if you re
running
fuil tilt the most you could be would be four brews a week
II
F H Yes
MILLER Okay
BUCKLEY And I see that as being very diffic ult
M
Well
BUCKLEY
Chuckle From what you just said but still but even four okay so that s
uh that gets you down to delivery down to every two weeks two and one half weeks of
the hops or the grain or whatever it is and then the same for the going out Okay
TAYLOR What is the height of the silo
FESCHE 31 I believe
TAYLOR What
BUCKLEY 31
FESCHE 31 31 feet
TAYL R So thaYs like 3 stories
BUCKLEY And how big is it what s it made of metai or concrete
FESCHE I would guess metal it s an agriculturai silo
UCKLEY Okay alright LeYs we don t need coming from the audience so we ll get it
another anothe time Um agricultural silo
Okay
11
Y
GILLIS You ve seen them a miQion times
STALEY Will there be any smell from the fermenting of the grain and the disposal of it
once its used
FESCHE No because we plan on having the farmer come and take that grain away the
day we brew
TA You said though there would be four to five hours of an odor that you find
wonderful but considering you re a brewer thaYs not too much of a surprise I m trying
to remember how many condo balconies are going to be affected by that because there
may be people who don t want to sit on their balcony and smell a brewery for four hours
but I m trying to remember the configuration of those buildings because I think there
I
MILLER The Maresol s back in the back
BUCKLEY The Maresol is in the back and they face west
GILLIS The Best Westem that might
TAYLOR The Best Westem
MILLER The p edominant wind is going to be southwest blowing
BUCKLEY Away from the brewery
MILLER So the guys on the Oceanside are going to smell it more
TAY And I should know how to do this math but I m too tired 1 000 galions is
haw many kegs
FESCHE Um 60
TA What
F H 60
TALE 60
AT YLOR So you re going to how many do you think you re going to be how many
seats are in here
How many people are you going to
FESCHE I think the restaurant holds about 220 seats
T Y
So how much are you planning on shipping out and how much are you
planning on using
FESCHE Um whatever isn t used in the restaurant we d like to ship out
TAYL R So you would have 60 kegs a week going out 60 to 120 kegs a week
12
FESCHE Yes
TAYLOR And those go out in trucks
I
FESCHE Yeah in our box trucks that we own
T Y
R And how many how many fit in a box truck
FESCHE 20
TA Y 20
FFS H 20 kegs in the truck
TAYLOR So there s three
F H
In a delivery
TAYLOR So there s three to six loads every
UCKLEY No no no
TAYLOR two to four days
UCKLEY No 60 is the most they ll have in a week That s 1 000 gallons in that one
process and say right 20 on premise and say they take out 40 so that s two deliveries
TAYLOR If they can do two or three or 4 000 gallons so
BUCKLEY Okay well thaYs true that s true okay just checking you re right you re
right
TAYLOR I m just trying to figure out what the maximum load on that neighborhood is
and those the maximum noise that goes into those condos and those Best Westem
rooms
BUCKLEY Yeah we should a we should ve had a trip to Dogfish up in Milton
Because thaYs
GILLIS Supposed to have had a tour a brewery tour
BUCKLEY I appraise up there a lot and there is odor
F H
They are substantially bigger than we are And they brew 24 hours a day 7
days yeah
UCKLEY Yeah so and it s stiN suROUnded by single family homes they re continuing
to build there whatever that means A question from Mr Miller
MILLER From a design standpoint on the larger plan of the building itself you have
dining and retail and I realize there s a difference in parlcing requirements for dining and
i
13
i
k
II
i
snrsirg Zoning
Comr r
Ocean City Maryla
Chris and Margaret Demopoulos
I U
105 56 Street Unit 408
Case
Ocean
City
MD 21842 Exhibit
ate
1 r z
f
r
Attn Commissioner Pam Greer Buckley
P O Box 158
Ocean City Maryland 21843
June 3 2014
RE Request by O C Brewing Company to amend and or alter an existing
Conditional Use in the LC 1 Local Commercial District Use Permit 13 16100001
to allow 1 bottling and canning to be added to the interior of the brewery section of
the premises and 2 to erect a silo on the exterior of the premises approximately 10
feet in diameter and 31 feet in length
Dear Commissioner
We are the owners of a condo at the Maresol building located adjacent to the
property
at 5509 Coastal
Highway
where the O C
Brewing Company
OCBC
currently is working to establish an industrial wholesale beer factory
We would like to make our position very clear We are not against the OCBC to
operate a restaurant and or have a small scale production of beer But we are
against the above referenced request because it will allow OCBC to build without
any limitations or barriers an industrial wholesale brewery capable of producing a
high volume of beer and packaging it in a verity of ways This type of factory should
be located in an industrial
zoning
not in a m use area Based on
discussions with members of the Maresol community and other neighboring
property owners our opinion is shared as well
In addition to the concerns stated above we would like to formally in this public
forum bring the following items to your attention
1
Based on our understanding of the Worcester County Zoning Ordinance
neither the current approved use nor the proposed future use sought by the
OCBC properly fall under a the permitted uses b the other listed
conditional uses None of the permitted uses in a Local Commercial District
LC 1 zoned areas are similar to a manufacturing facility or to a similar
facility that regularly emits odors and dust and has a 31 feet high silo with
bottling
and
canning
capabilities The ordinance states that for a conditional
use to be acceptable
shall be in keeping with the permitted uses Therefore
we believe the Planning and Zoning Commission has misinterpreted the
zoning ordinance to allow OCBC to operate a wholesale beer production in the
LC 1 zone
In addition we do not know if the P8vZ Commission requested from OCBC to
conduct any environmental and social economic studies to determine any
adverse impact that this factory will have on the neighborhood These studies
are essential for the P8vZ Commission to adequately evaluate the OCBC s
proposal
2 The proposed modifications requested
by
OCBC if approved would enable the
I
OCBC to establish an industrial wholesale facility and will irrevocably harm
our neighborhood devalue our investment in our vacation home and have a
i
devastating effect on our way of life in Ocean City For example based on my
research there are studies that show that this type of operation dust etc
from
storing
grain in a silo creates an environment that is high risk for fire
and explosions
3 If the
Planning
and
Zoning
commission allows these conditions to be
approved I believe it will expose the Ocean City government to legal liability
for affected citizens related to property devaluation
In our opinion this is not the kind of activity that supports Ocean City as a tourist
resort where people visit and others invest to enjoy the clean air water and the
other activities that the city has to offer
In conclusion we believe that the proposed OCBC operation is inappropriate and
out of harmony with adjacent buildings and their uses Because the proposed
brewery will be located near the entrance to Maresol we are particularly concerned
about safety issues noise trash shadow effects visual obstruction increased
traffic parking congestion dust offensive odors and the resulting and potentially
significant property devaluation Therefore we hope that the O C Government will
not approve this request
Thank you very much for your consideration
Sincerely
Chris Demopoulos
Becky Bratten
From mrlsbylindag@verizon net
Sent
Sunday June 01 2014 8 13 AM
To jd2thesun@aol com
Subject amendment
To be read at the meeting
To the Planning and Zoning Commission Amendment permit 13 16100001
Bottling and Canning
We are the owners of 205 Sunset Bay adjacent to the Maresol We purchased
our unit because of the lovely setting quiet tranquility of the bay and beautiful
sunsets
It is discoura in to think that ou would a rove of a manufacturin and
9 9 Y PP 9
distributing business with a 31 foot silo to be erected on the outside of the
building Not only is this unattractive but we re sure this will attract rodents
increase traffic conditions and end our QUIET serenity
This amendment totally changes the agreement that was signed and approved
by the town and the owners of the establishment
We hope you will consider the damage and property value that will be incurred
by the owners of all the properties adjacent to this business We do not
believe you would approve of this amendment I it was in YOUR backyard as
it is in OURS
Sincerely
Edward and Linda Gordon
Daniel and Meg Gansz
Owners of 205 Sunset Bay
Plunning Zoning Coraimission
Ocean City Maryland
Case D
Exhibit Date l
y
PN lz
1
June 2 2014
To Whom It May Concern
We are unit owners at Sunset
Bay
2
Our unit faces the Ocean City
Brewery We are concerned that allowing the brewery to bottle and can on
the premises will affect our
ability
to
enjoy
our vacation home The major
concern is the constant noise from bottling and trucks coming in and out of
the
property Other concerns include the smell the silo obstructing our view
and potential for rodents
We believe this will negatively impact the value
of our
property
This is
already
an
extremely
congested area We are
concerned that this Ocean City Planning and Zoning meeting is a farce since
we can
already
see that the silo has been placed on the premises We have to
wonder if the brewery has already been given the impression it would be
approved prior to
gaining
input from the
community
Seems like it was a
done deal
We are asking that Ocean City Planning and Zoning deny Ocean
City Brewing Company s request to expand to a major bottling and canning
facility and only be allowed to produce for on premise consumption
Respectfully
Linda and William Fritch jr
5405 Coastal Highwary Unit 308
Ocean City MD 21842
Plunrring Zoning Ccmmission
Oe an
Lity
Maryland
ase
l 6 c ca
J
Exhibit
q D a t e 6
j
v0iv
t
cc lz
I



D. Strategic Plan Update presented by City Manager

Copyright 2014: Lyle Sumek Associates, Inc.

Town of Ocean City: Strategic Plan

VISION 2029

OCEAN CITY 2029
is a Vibrant Coastal Resort Community
with a World Class Public Beach and Waterways

and an Authentic Historic Boardwalk

-- the Choice
of Todays Families.

OCEAN CITY 2029
is Safe and Clean, has
Quality Neighborhoods for Residents,
is Accessible and Easy Travel,
and is a place for Enjoyable Experiences for All.

GOALS 2019

1
st
Class Resort and Tourist Destination

Financially Sound Town Government

More Livable Community
for Residents

Excellent Service through a
High Performing Town Organization

Revitalized Ocean City:
Development and Redevelopment

POLICY AGENDA
2014

Top Priority
Tourism Strategic Plan: Development
Bayside Park Development
Tax Differential: Resolution
Smoking on the Beach/Boardwalk Policy
Working Relationship with Worcester County
Dualization of Route 90: Advocacy
High Priority
School After Labor Day (Statewide): Advocacy
Citywide Compensation and Benefits Study
and Policy
Pedestrian/Bike Safety Master Plan:
Implementation
Beach Playground Equipment Replacement
November Town Election
Ocean Plaza Mall Strategy
Downtown Model Block Development
Ambulance/EMS/Fire Response
(West Ocean City): Analysis
Moderate Priority
Sunset Park Master Plan and Uses
Northside Park Building Improvements

MANAGEMENT AGENDA
2014

Top Priority
Planning and Zoning Evaluation
800 MHz Radio System Replacement
Sports Destination Marketing Program: Expansion
9-1-1 Primary Answering Point/
3-1-1 Non Emergency Government
Information Center
Information Technology Upgrade Plan
High Priority
Caroline Outdoor Stage: Upgrades
City Facilities Security Plan
License Plate Recognition Program for Route 90
Whiteside Facility Replacement
Tall Ship Capacity
Network Backbone Replacement
Land Acquisition/Disposal Strategy
Moderate Priority
J une Behavior Action Plan
Beach Events/Tournaments Expansion
Seasonal Police Comprehensive Evaluation
Avaya Phone System Replacement
Town of Ocean City Equipment and
Labor Guidelines

Copyright 2014: Lyle Sumek Associates, Inc.

MANAGEMENT IN PROGRESS 2014
Tourism Website Redesign
Tourism Mobile App Development
ROI for Private Events
New Banner Program
Advertising Agencies: Contract
Bus Locator App: Development
New Annual Event Halloween in Ocean City
Visitor Profile
Winterfest Pavilion: Facility and Program Event
P Card Program: Implementation
Pension Report (Annual)
Government Accounting Standards 67 Financial
Reporting for Pensions
Capital Improvement Budget: FY 15
Document Archiving System: Imaging and Training
Water/Wastewater Rates:
Review/Adjustment Resolution
Purchasing Policy and Procedure: Update
Online/Payment by Phone (Bus/Parking)
Online Bill Payments: Utilities
Building Fee Structure: Evaluation, Direction
Manual on Environmental Permitting
Special Enforcement Unit: Report
FEMA Maps: Ordinance
TMDL: Assign Load
Eagles Landing Golf Course Irrigation
J oint use of School Facilities
Comprehensive Emergency Operations Recovery Plan
Drug Action Plan
Web based Building Permits and Business Licenses
Web Link Laserfiche Web Portal
Strategic Planning: Annual Update
City Properties Insurance Review
Town Policy and Procedure Manual: Completion
Emergency Management/Town Facilities Evacuation
Plan and Training
Health and Safety Manual/Training/Policy Review
Fire Operating Standard Guidelines
Chamber Audio Video Upgrade
Electronic Record/Laserfiche: Strategic Planning
Water Quality Administrative Consent Decree
Parks: Evaluation and Direction
Safety Hazard Training Program
Road Re-Surfacing Plan: Review/Funding

MAJOR PROJECTS 2014
Beach Replenishment
Airport Improvement: Environmental Assessment,
Tree Removal
Boardwalk Security Cameras: Phase 2
Performing Arts Theater Project
Water Disinfection By Products Pilot Study
Downtown Water Storage Tank
Northside Park: Pier Re Decking
Tennis Center Fence
New Kayak Rental Concession
Skate Park Sunshade
Performing Arts Theater Project
Canal Dredging Project
Beach Patrol Headquarters
Eagles Landing Golf Course:
Improvements at Club House
Public Boat Ramp: Relocation, Expansion
Fire Station 4
Fire Headquarters Building
St. Louis Avenue Improvements Phase II and III
Boardwalk Fiber Optic Improvements

TOWN GOVERNMENT MISSION

The MISSION OF TOWN GOVERNMENT
is to provide Personal Caring Municipal Services
and to serve as a
Responsive Host to Our Guests and Residents
while acting in a Financially Responsible Manner
delivered by a Professional Town Workforce.

STRATEGIC PLAN
2014 2019 2029

Mayor and
City Council

Ocean City, Maryland
March 2014

Lyle Sumek Associates, Inc.

EXECUTIVE SUMMARY
Lyle Sumek Associates, Inc. Phone: (386) 246-6250
9 Flagship Court Fax: (386) 246-6252
Palm Coast, FL 32137-3373 E-mail: sumekassoc@gmail.com
Executive Summary: Strategic Plan 2014 2019 2029/Mayor and City Council/Ocean City, Maryland
Copyright 2014: Lyle Sumek Associates, Inc. Project 140320

Table of Contents

EXECUTIVE SUMMARY

Strategic Planning for the Town of Ocean City 1

Ocean City Vision 2029 2

Town of Ocean City: Mission and Services 8

Town of Ocean City Plan 2014 2019 12

Town of Ocean City Action Agenda 2014 23

This report and all related materials are copyrighted. This report may be duplicated for distribution to appropriate
parties as needed. No unauthorized duplication is allowed, including for use in training within your organization or
for consulting purposes outside your organization.
Copyright 2014: Lyle Sumek Associates, Inc. Project 140320 1

STRATEGIC FRAMEWORK

VISION 2029
Desired Destination for the Town of Ocean City

PLAN 2019
Map to Ocean Citys Destination

EXECUTION
Route for Next Year

MISSION
Responsibilities of Town Government

BELIEFS
Expectations of Town Government Employees


Town of Ocean City
Vision 2029

OCEAN CITY 2029
is a Vibrant Coastal Resort Community
(1)

with a World Class Public Beach and Waterways
(2)
and an Authentic Historic Boardwalk
(3)

-- the Choice of Todays Families.
(4)

OCEAN CITY 2029
is Safe and Clean,
(5)
has
Quality Neighborhoods for Residents,
(6)

is Accessible and Easy Travel,
(7)

and is a place for Enjoyable Experiences for All.
(8)


Vision 2029
Guiding Principles

PRINCIPLE 1 VIBRANT COASTAL RESORT COMMUNITY

! Means

1. Guests enjoy their stay and return to Ocean City in the future

2. Expanded, diverse retail opportunities with specialty, marine supply, basic retail and
grocery stores (national and locally owned) throughout the city

3. Ability to serve the year round guests

4. Visitors treated as our guests

5. Active conference and convention destination with year round business

6. Events and festivals drawing regional and national guests with top quality talent

7. Quality services to attract our guests and meet the needs of residents

8. Arts District with studios, galleries and entertainment attracting guests to Ocean City

9. Wide range of accommodation options: short/long term, price, life style, locations


PRINCIPLE 2 WORLD CLASS PUBLIC BEACH AND
WATERWAYS

! Means

1. Great wide public beach with ongoing and funded replenishment program

2. Navigable waterways and canals

3. Quality water meeting federal and state standards

4. Free public access to the beach and waterways

5. Bayside Boardwalk for pedestrians and bicycles

6. Ocean activities including surfing, body boarding, surf fishing, swimming, etc.

7. Full service marina(s) with permanent and transient docking

8. Smoking free beach

9. Oceanfront resorts with restaurants serving food and beverages on the adjacent beach

PRINCIPLE 3 AUTHENTIC HISTORIC BOARDWALK

! Means

1. Major community destination for residents and guests

2. Daytime and evening activities for people to enjoy their experience

3. Attractive, well maintained two and a half mile Boardwalk that is personally inviting

4. Variety of quality restaurants offering a range of choices: casual to gourmet, indoor
to outdoor, affordable to expensive

5. Easy access transit and convenient parking

6. Quality, locally owned retail shops along corridors to the Boardwalk

7. National recognition as the Nations Boardwalk a truly unique destination along
the beach

8. Opportunities for bicycling on the Boardwalk


PRINCIPLE 4 CHOICE OF TODAYS FAMILIES

! Means

1. Families making the decision to return to Ocean City

2. New family venues and activities that keep Ocean City fresh and inviting

3. Diverse day and night time activities for all

4. Vacation destination focusing on todays families

5. All family generations feeling welcome and included

6. Affordable venues, activities and programs for intergenerational interaction and
learning

PRINCIPLE 5 SAFE AND CLEAN

! Means

1. Timely response to an emergency call for service

2. Quality emergency medical response and delivery to quality hospitals

3. Roads safe for pedestrians, bicycles and vehicles

4. Residents and guests feeling safe and secure in any place in Ocean City

5. Visible police presence and partnerships throughout the community, at community
destinations and during events

6. Positive curb appeal without trash or litter

7. Well maintained public spaces and facilities

8. Safe, clean beach and waterway to enjoy


PRINCIPLE 6 QUALITY NEIGHBORHOODS FOR
RESIDENTS

! Means

1. Range of housing choices: type, price and life style

2. Availability of retail, professional services and restaurants serving the daily needs of
residents

3. Variety of year round recreation programs, activities and services

4. Well maintained neighborhood infrastructure: streets, sidewalks, green spaces

5. Town working with community organizations and the faith community for
community benefit

6. Availability of cultural and performing arts throughout the year

7. Convenient access to medical and health care services

8. Access to Blue Ribbon schools and educational programs

PRINCIPLE 7 ACCESSIBLE AND EASY TRAVEL

! Means

1. Strategic locations for parking

2. Non automobile choices after you arrive in Ocean City

3. Selected narrow corridors with parking promoting biking and walking in the area

4. Effective public transportation for residents and guests serving key community
destinations

5. Ability to bike throughout community: bike lanes, bike sharing and paths

6. Safe and well maintained streets and sidewalks

7. More bridge connections to the mainland

8. Well maintained highways and bridges providing easy access to Ocean City


PRINCIPLE 8 ENJOYABLE EXPERIENCES FOR ALL

! Means

1. Well designed, well maintained parks with diverse venues, green spaces and beach

2. Range of quality restaurants: diverse types of food, prices, locations

3. Boating, fishing, surfing, sailing and other water sports experiences available for
residents and guests

4. Entertainment venues and activities for all to enjoy

5. Reputation: a great place to enjoy year round

6. Performing arts programs and cultural experiences throughout the year

7. Variety of fitness and exercise opportunities indoor, in parks, along the beach

8. Recreational programs, activities and services throughout the city


Town of Ocean City:
Mission

The MISSION OF TOWN GOVERNMENT
is to provide Personal Caring Municipal Services

and to serve as a
Responsive Host to Our Guests and Residents
while acting in a Financially Responsible Manner delivered by
a Professional Town Workforce.


Town of Ocean City
Core Services

NO CHOICE SERVICES

Govern, Inform and Engage the Community

Provide Public Notices and Information

Plan, Manage and Maintain Stormwater Management System

CORE SERVICES

Enforce Laws, Ordinances and Standards

Secure, Treat and Distribute Water

Collect, Treat and Dispose Wastewater

Support Tourism Development and Marketing Ocean City

Collect and Dispose of Solid Waste

Prepare For, Respond To and Recovery From a Disaster or Major
Emergency Situation

Respond to Medical Emergency and Transport to the Hospital


QUALITY OF LIFE SERVICES

Design, Build and Maintain Streets and Sidewalk

Plan for the Towns Future

Manage, Maintain Parking Structures, Surface Parking and Overall
Parking Management

Operate Convention Center

Maintain, Patrol the Beach

Operate Public Transportation System

Inspect Buildings and Homes for Safety

Facilitate Economic Growth and Business Investment

ADD ON SERVICES

Sponsor and Support Community Events and Festivals

Design, Build and Maintain Parks Including Venues and
Open Spaces

Develop, Provide Recreation and Educational Programs
and Activities

OTHER SERVICES

Regulate Land Use and Development

Plan, Manage and Maintain the Municipal Airport

Patrol the Community


Town of Ocean City
Our Customers

PRIMARY CUSTOMERS

Residents (year round)

Residents (part time)

Visitors (first time)

Visitors (returning)

Property Owners

Day Trippers

Local Business Owners

OTHER KEY CUSTOMERS

National Businesses

Event Sponsors

Conventioneers

Families

Foreign Students

Prospective Businesses

Tournament Teams and Participants

Recreation Participants


Town of Ocean City
Goals 2019

1
st
Class Resort and Tourist Destination

Financially Sound Town Government

More Livable Community for Residents

Excellent Service through a
High Performing Town Organization

Revitalized Ocean City: Development and Redevelopment


GOAL 1 1
st
CLASS RESORT AND TOURIST DESTINATION

! Objectives

1. National reputation as the best beach destination for families along the Mid Atlantic
coast/country

2. Increase number of athletic tournaments and recreational events

3. Increase the number of todays family visitors coming to Ocean City

4. Increase the number of conferences and conventions coming to Ocean City

5. Provide better amenities for guests: new attractions that will bring guests back

6. Maintain a sage environment for guests

! Short-Term Challenges and Opportunities

1. Understanding who are our guests their profile, their expectations, their desires

2. Balancing events/festivals with the family vacationers

3. National and global economy impacting family spending and vacations

4. Keeping Ocean City a family oriented, affordable destination

5. Minimum night stay requirements in hotels

6. Opportunities to expand sports tourism

7. Keeping the face and amenities "fresh and new" for visitors giving them more
reasons to return to Ocean City


! Actions 2014
PRIORITY

Policy Agenda

1. Tourism Strategic Plan: Development Top Priority

2. Bayside Park Development Top Priority

3. Smoking on the Beach/Boardwalk Policy Top Priority

4. School After Labor Day (Statewide): Advocacy High Priority

5. Sunset Park Master Plan and Uses Mod Priority

Management Agenda

1. Sports Destination Marketing Program Expansion Top Priority

2. Tall Ship Capacity High Priority

3. Caroline Outdoor Stage: Upgrades High Priority

4. June Behavior Action Plan Mod Priority

5. Beach Events/Tournaments Expansion Mod Priority

6. Town of Ocean City Equipment and Labor Guidelines Mod Priority

Management in Progress

1. Tourism Website Redesign

2. Tourism Mobile App Development

3. ROI for Private Events

4. New Banner Program

5. Advertising Agencies: Contract

6. Bus Locator App: Development

7. New Annual Event Halloween in Ocean City

8. Visitor Profile

9. Winterfest Pavilion: Facility Evaluation and Refurbishment

! Major Projects 2014

1. Beach Replenishment

2. Airport Improvement: Environmental Assessment, Tree Removal

3. Boardwalk Security Cameras: Phase 2

4. Performing Arts Theater Project


GOAL 2 FINANCIALLY SOUND TOWN GOVERNMENT

! Objectives

1. Have a property tax rate based upon defined Town services and levels of service
delivered in the most efficient and cost effective manner

2. Maintain reasonably competitive Town employee compensation and benefits in cost
effective manner

3. Maintain financial reserves consistent with Town policies and national standards

4. Expand revenue options for Town government

5. Increase a larger percentage of tax returned from Worcester County to the Town
government


1. Uncertain economy impacting all governments: revenues and service demands

2. Affordability of employee compensation and benefits: pensions, Affordable Care Act
workforce, re-insurance fee, administrative costs

3. Working with Worcester County: services, development coordination, effective
working relationship

4. Distinguishing "wants" and "needs": residents and businesses

5. Rising costs of doing Town business: benefits, raw materials, supply of basic
materials

6. Helping residents to understand Town finances, services and programs


! Actions 2014
PRIORITY

Policy Agenda

1. Tax Differential: Resolution Top Priority

2. Citywide Compensation and Benefits Study and Policy High Priority

3. Ambulance/EMS/Fire Response (West Ocean City) Analysis High Priority

4. Citywide Comprehensive Study of Part Time Employees

5. Alternative Revenue Sources: Direction

Management Agenda

1. 800 Mhz Radio System Replacement Top Priority

2. City Facilities Security Plan High Priority

3. Whiteside Facility Replacement High Priority

4. Vehicle Replacement Policy and Process

5. Affordable Care Act: Analysis

6. Citywide Comprehensive Study of Part Time Employees

Management In Progress

1. P Card Program: Implementation

2. Pension Report (Annual)

3. Government Accounting Standards 67 Financial Reporting for Pensions

4. Capital Improvement Budget: FY 15

5. Document Archiving System: Imaging and Training

6. Water/Wastewater Rates: Review/Adjustment Resolution

7. Purchasing Policy and Procedure: Update

8. Online/Payment by Phone (Bus/Parking)

9. Online Bill Payments: Utilities

10. Building Fee Structure: Evaluation, Direction


1. Water Disinfection By Products Pilot Study

2. Downtown Water Storage Tank


GOAL 3 MORE LIVABLE COMMUNITY FOR RESIDENTS

! Objectives

1. Maintain a safe community with a low crime rate

2. Increase arts and cultural programs, performances and events

3. Upgrade Town parks and amenities

4. Provide more leisure activities and recreational programs for residents of all
generations

5. More reasons for people and Town employees to make the choice to live in Ocean
City

6. Increase the number of year round residents


1. Special events with participants impacting the neighborhoods and quality of life of
residents

2. Assisting residents to understand the value in living in Ocean City

3. Community safety: perception driven by social media vs. realty driven by data and
facts

4. Cost and availability of housing

5. Determining project priority and funding by the Town

6. Turning guests into residents

7. Understanding why residents are making the choice to leave Ocean City


! Actions 2014
PRIORITY

Policy Agenda

1. Pedestrian Safety/Master Plan: Implementation High Priority

2. Beach Playground Equipment Replacement High Priority

3. Northside Park Building Improvements Mod Priority

4. Sidewalks Master Plan

Management Agenda

1. License Plate Recognition Program for Route 90 High Priority

2. Town Wide Street Lights

Management In Progress

1. Comprehensive Emergency Operation Recovery Plan

2. Drug Action Plan

3. Manual on Environmental Permitting

4. Special Enforcement Unit Report

5. FEMA Maps: Update

6. TMDL: Assign Load

7. Eagles Landing Golf Course Irrigation

8. Joint Use of School Facilities


1. Northside Park: Pier Re Decking

2. Tennis Center Fence

3. New Kayak Rental Concession

4. Skate Park Sunshade


6. Canal Dredging Project

7. Beach Patrol Headquarters

8. Eagles Landing Golf Course: Improvements at Club House

9. Public Boat Ramp: Relocation, Expansion


GOAL 4 EXCELLENT SERVICE THROUGH A HIGH
PERFORMING TOWN ORGANIZATION

! Objectives

1. Retain a top quality Town workforce dedicated to serving the Ocean City community

2. Maintain a high level of customer satisfaction with Town services and service
delivery

3. Increase manager and employee accountability for performance and outcomes

4. Recognize and reward top performers for their contributions and goal achievements:
teams and individuals

5. Develop a city team reducing negative comments and organizational/departmental
silos, and increasing communication, collaboration and resource sharing

6. Provide training and professional development opportunities for Town workforce

7. Upgrade and maintain Town information technology


1. Town workload and organizational capacity with increasing demands for service

2. Increasing requests for information under FOIA

3. Maturing Town workforce and the need for succession planning

4. Growing public concerns about public employee compensation and benefits

5. Negative and personally attacking comments about Town employees and
departments

6. Developing meaningful, outcome based performance measures and using them to
improve Town delivery of services

7. Finding the next generation of Town technical employees dedicated to public service


! Actions 2014
PRIORITY

Policy Agenda

1. Working Relationship with Worcester County Top Priority

2. November Town Election High Priority

3. Reward System for Top Performers

Management Agenda

1. Planning and Zoning Evaluation Top Priority

2. 9-1-1 Primary Answering Point/311 Non Emergency Government Top Priority
Information Center

3. Information Technology Upgrade Plan Top Priority

4. Network Backbone Replacement High Priority

5. Avaya Phone System Replacement Mod Priority

6. Seasonal Police Comprehensive Evaluation Mod Priority

7. Performance Measurement System Development (ICMA)

8. Personnel Rules and Regulations

9. Succession Planning Development


1. Web based Building Permits and Business Licenses

2. Web Link Laser Fiche Web Portal

3. Strategic Planning: Annual Update

4. City Properties Insurance Review

5. Town Policy and Procedure Manual: Completion

6. Emergency Management/Town Facilities Evacuation Plan and Training

7. Health and Safety Manual/Training/Policy Review

8. Fire Operating Standard Guidelines

9. Chamber Audio Video Upgrade

10. Electronic Record/Laser fiche: Strategic Planning

11. Water Quality Administrative Consent Decree

12. Parks: Evaluation and Direction

13. Safety Hazard Training Program


1. Fire Station 4

2. Fire Headquarters


GOAL 5 REVITALIZED OCEAN CITY: DEVELOPMENT
AND REDEVELOPMENT

! Objectives

1. Attractive and personally inviting Boardwalk with a variety of retail shops and
quality restaurants

2. More pedestrian friendly and walkable community with public transportation options

3. Attract private sector investments to Ocean City

4. Revitalize "Downtown" through improved infrastructure, expanded business
investment and more events

5. Expand the number of quality retail businesses: national chains and locally owned
unique shop

6. Easy access and convenient parking


1. Revitalizing Downtown and working with property/business owners

2. Attracting private investments to Ocean City

3. Developing public-private partnerships that better the community

4. Property and business owners not investing in the maintenance or upgrade of their
commercial centers or buildings

5. Lack of control and impact of West Ocean City


! Actions 2014
PRIORITY

Policy Agenda

1. Dualization of Route 90: Advocacy Top Priority

2. Ocean Plaza Mall Strategy High Priority

3. Downtown Model Block Development High Priority

4. Downtown One Way Pairs

5. Comprehensive Plan: Update

Management Agenda

1. Land Acquisition/Disposal Strategy High Priority


1. Road Re-Surfacing Plan: Review/Funding


1. St. Louis Avenue Improvements

2. Boardwalk Fiber Optic Improvements


Town of Ocean City
Policy Agenda 2014

TOP PRIORITY

Tourism Strategic Plan: Development

Bayside Park Development

Tax Differential: Resolution

Smoking on the Beach/Boardwalk Policy

Working Relationship with Worcester County

Dualization of Route 90: Advocacy

HIGH PRIORITY

School After Labor Day (Statewide): Advocacy

Citywide Compensation and Benefits Study and Policy

Pedestrian/Bike Safety Master Plan: Implementation

Beach Playground Equipment Replacement

November Town Election

Ocean Plaza Mall Strategy

Downtown Model Block Development

Ambulance/EMS/Fire Response (West Ocean City): Analysis


MODERATE PRIORITY

Sunset Park Master Plan and Uses

Northside Park Building Improvements


Town of Ocean City
Management Agenda 2014

TOP PRIORITY

Planning and Zoning Evaluation

800 MHz Radio System Replacement

Sports Destination Marketing Program: Expansion

9-1-1 Primary Answering Point/
3-1-1 Non Emergency Government Information Center

Information Technology Upgrade Plan

HIGH PRIORITY

Caroline Outdoor Stage: Upgrades

City Facilities Security Plan

License Plate Recognition Program for Route 90

Whiteside Facility Replacement

Tall Ship Capacity

Network Backbone Replacement

Land Acquisition/Disposal Strategy


MODERATE PRIORITY

June Behavior Action Plan

Beach Events/Tournaments Expansion

Seasonal Police Comprehensive Evaluation

Avaya Phone System Replacement

Town of Ocean City Equipment and Labor Guidelines


Town of Ocean City
Management in Progress 2014

1. Tourism Website Redesign

2. Tourism Mobile App Development

3. ROI for Private Events

4. New Banner Program

5. Advertising Agencies: Contract

6. Bus Locator App: Development

7. New Annual Event Halloween in Ocean City

8. Visitor Profile

9. Winterfest Pavilion: Facility and Program Event

10. P Card Program: Implementation

11. Pension Report (Annual)

12. Government Accounting Standards 67 Financial Reporting for Pensions

13. Capital Improvement Budget: FY 15

14. Document Archiving System: Imaging and Training

15. Water/Wastewater Rates: Review/Adjustment Resolution

16. Purchasing Policy and Procedure: Update

17. Online/Payment by Phone (Bus/Parking)

18. Online Bill Payments: Utilities

19. Building Fee Structure: Evaluation, Direction


20. Manual on Environmental Permitting

21. Special Enforcement Unit: Report

22. FEMA Maps: Ordinance

23. TMDL: Assign Load

24. Eagles Landing Golf Course Irrigation

25. Joint use of School Facilities

26. Comprehensive Emergency Operations Recovery Plan

27. Drug Action Plan

28. Web based Building Permits and Business Licenses

29. Web Link Laser Fiche Web Portal

30. Strategic Planning: Annual Update

31. City Properties Insurance Review

32. Town Policy and Procedure Manual: Completion

33. Emergency Management/Town Facilities Evacuation Plan and Training

34. Health and Safety Manual/Training/Policy Review

35.
Fire Operating Standard Guidelines

36.
Chamber Audio Video Upgrade

37.
Electronic Record/Laser fiche: Strategic Planning

38.
Water Quality Administrative Consent Decree

39.
Parks: Evaluation and Direction

40.
Safety Hazard Training Program

41.
Road Re-Surfacing Plan: Review/Funding


Town of Ocean City
Major Projects 2014

1. Beach Replenishment

2. Airport Improvement: Environmental Assessment, Tree Removal

3. Boardwalk Security Cameras: Phase 2


5. Water Disinfection By Products Pilot Study

6. Downtown Water Storage Tank

7. Northside Park: Pier Re Decking

8. Tennis Center Fence

9. New Kayak Rental Concession

10. Skate Park Sunshade


12. Canal Dredging Project

13. Beach Patrol Headquarters

14. Eagles Landing Golf Course: Improvements at Club House

15. Public Boat Ramp: Relocation, Expansion

16. Fire Station 4

17. Fire Headquarters Building

18. St. Louis Avenue Improvements Phase II and III

19. Boardwalk Fiber Optic Improvements


THE CITY SOLICITOR

A. First Reading Ordinance ratifying a Memorandum of
Understanding with the Worcester County Commissioners
(Eagles Landing Golf Course spray irrigation system and
easement grant for same)

TOWN OF

FROM: David L. Recor, ICMA-CM, City Manager
RE: First reading of ordinance ratifying Memorandum of Understanding between the
Mayor, Council and Worcester County Commissioners
DATE: June 25, 2014

ISSUE(S): Spray irrigation system at Eagles Landing Golf Course

SUMMARY: The Mayor, City Council and Worcester County Commissioners
have reached an agreement, documented in a Memorandum of
Understanding (MOU), to work together on the construction of
new spray irrigation system at Eagles Landing Golf Course.

This system will allow the treated wastewater effluent from the
new Mystic Harbour Wastewater Treatment Facility to be stored
and spray irrigated on golf course lands.

The MOU benefits the City by providing a new irrigation system
for Eagles Landing Golf Course, and benefits the County by
providing an environmentally beneficial means for effluent reuse.

FISCAL IMPACT: For the City, capital improvements, credit for equity and future
capital charges and compensation for 40 years of EDU charges
approximately $ 2,092,544.

RECOMMENDATION: Pass ordinance for second reading.

ALTERNATIVES: None suggested.

RESPONSIBLE STAFF: Hal Adkins, Public Works Director
Jim Parsons, Public Works Chief Deputy Director
Susan Petito, Recreation and Parks Director
Joe Perry, Golf Course Superintendent
Bob Croll, Head Golf Professional

COORDINATED WITH: Not applicable

ATTACHMENT(S): Memorandum of Understanding

Agenda Item # 10A


THE CITY SOLICITOR

B. Resolution approving the application and receipt of
financing for Community Legacy Projects (to continue
OCDC Faade Program and for St. Louis Avenue Phase III
decorative street lighting)

TOWN OF

RE: Resolution for Community Legacy Program application
DATE: June 30, 2014

ISSUE(S): Request approval of Resolution to support Ocean City
Development Corporations application request for Community
Legacy grant funds

SUMMARY: The OCDC is seeking grant funding from the States Community
Legacy Program for two revitalization projects:

1) OCDC Faade Improvement Program
2) Decorative street lighting for Phase III of the St. Louis
Avenue street improvements project.

FISCAL IMPACT: $209,502 from State grant funds

RECOMMENDATION: Ratify resolution.

ALTERNATIVES: No alternatives suggested.

RESPONSIBLE STAFF: Glenn Irwin, OCDC Executive Director


ATTACHMENT(S): 1) Resolution
2) Description of grant requests with cost estimates
3) Street lighting cost estimate

Agenda Item # 10B
RESOLUTION 2014-

Resolution of the Mayor and City Council of Ocean City, approving the application and receipt of
financing for Community Legacy Projects in Ocean City, Maryland further described in the
Community Legacy Application (The Application) either directly by the Department of Housing
and Community Development (the "Department") of the State of Maryland or through other
departments or agencies of the State of Maryland.

WHEREAS, the Mayor and City Council of Ocean City recognizes that there is a
significant need for reinvestment and revitalization of the communities in Ocean City; and,

WHEREAS, the Ocean City Development Corporation proposes to develop Community
Legacy Projects as further described in the Application, the purpose of which will be to contribute
to the reinvestment and revitalization in the Area; and,

WHEREAS, the Department, either through Community Legacy or through other programs
of the Department, or in cooperation with other State departments or agencies, may provide some or
all of the financing for the Project (the "Project Financing") in order to assist in making it
financially feasible; and

WHEREAS, the Sustainable Community is located within a priority funding area under
Section 5-7B-02 of the Smart Growth Act and the Project will conform to the local zoning code;
and

WHEREAS, the applicable law and regulations require approval of a Sustainable
Community, the Project and the Project financing by the Mayor and City Council of Ocean City
and, where appropriate, by the chief elected executive official of the local subdivision;

NOW, THEREFORE BE IT RESOLVED THAT the Mayor and City Council of Ocean
City hereby endorses the request for financial assistance in the form of a grant or loan in the amount
of $209,502; and

BE IT FURTHER RESOLVED THAT, the Mayor be, and is hereby requested to endorse
this Resolution, thereby indicating his approval thereof; and,

BE IT FURTHER RESOLVED THAT copies of this Resolution be sent to the Secretary of
Housing and Community Development of the State of Maryland for consideration by the
Community Legacy Board.

READ AND PASSED THIS ____ day of J uly, 2014.

ATTEST:

_______________________ _________________________
Kelly Allmond Richard W. Meehan
City Clerk Mayor

_________________________
Lloyd Martin
President
Approved as to form:

_________________________
________________________ Mary Knight
Guy R. Ayres, III Secretary
City Solicitor

Description of Grant Requests

As part of the annual Community Legacy Program application, the Town of Ocean City must
approve a resolution stating that it supports the submission of the Ocean City Development
Corporations application for funding. This years application deadline is J uly 15
th
. Attached is
the boilerplate resolution from the Maryland Department of Housing & Community
Development that endorses the OCDCs submission of this years application requests.

The OCDC is requesting the Town of Ocean City to approve this resolution that requests
$209,502 for the following two revitalization projects:

1) OCDC Faade Improvement Program for buildings between the Inlet and 17
th
Streets in
the designated Sustainable Communities Area - $75,000
2) Street enhancements to the St. Louis Avenue project - $134,502

The first item requests funding to continue the implementation of the highly successful OCDC
Faade Improvement Program. To date, over 150 downtown buildings have been renovated
using this program. The OCDC Green Building Program has been merged into the Faade
Program that allows energy efficient products such as Energy Star rated windows and doors and
cool roofs to be made part of the overall improvements.

The second funding request is for St. Louis Avenue street enhancements. As you are aware,
Phase III of the St. Louis Avenue project will be commencing this fall and the total project will
be completed over the next two years. The OCDC is proposing that we request $134,502 for
such decorative lighting fixtures that will pay for the third phase lighting from 4th Street to North
Division Street. The OCDC believes this decorative pedestrian light is a better fit than the much
taller cobra head lights for the residential character of St. Louis Avenue. The Phase I and Phase
II street light fixtures have been an enhancement to the overall street project. It is also consistent
with the OCDC goals of improving the pedestrian environment in the downtown area.

In addition to just adding these decorative street lights to St. Louis Avenue, the total figures also
include adding these LED heads to existing lights between the Route 50 Bridge and Somerset
Street as well as the 1
st
Street parking lot. These LED heads are more energy efficient than the
existing street light heads and thus will be less costly to operate.

Attached is a cost estimate for such street lighting.

Each year the Community Legacy Program funding is very competitive. This year the CL
program has $6 million available, but the pool of applicants is expected to be very large.
However, the OCDC believes these three requests are all good projects and will yield a high
leveraging of State dollars, which the State likes to see in its applications.

Thank you for your consideration of this request and as always we appreciate your continued
support of our downtown revitalization efforts.


THE CITY SOLICITOR

C. Resolution approving the application and receipt of funds
for demolition costs (to demolish eight (8) buildings owned
by the Town and OCDC on the Dorchester/Somerset Street
block)

TOWN OF

RE: Resolution for Strategic Demolition and Smart Growth Impact Fund Program
application
DATE: June 30, 2014

ISSUE(S): Request approval of Resolution to support Ocean City
Development Corporations application request for Strategic
Demolition and Smart Growth Impact Fund grant funds.

SUMMARY: The OCDC is seeking grant funding from the States Strategic
Demolition and Smart Growth Impact Fund to demolish nine
buildings on the Dorchester/Somerset Street block.

FISCAL IMPACT: $393,781 from State grant funds

RECOMMENDATION: Ratify resolution.

ALTERNATIVES: No alternatives suggested.

RESPONSIBLE STAFF: Glenn Irwin, OCDC Executive Director

COORDINATED WITH: Terry McGean, City Engineer

ATTACHMENT(S): 1) Resolution
2) Description of grant requests with cost estimates
3) Demolition cost estimate

Agenda Item # 10C
RESOLUTION 2014-

Resolution of the Mayor and City Council of Ocean City, approving the application and receipt of
financing for a Strategic Demolition and Smart Growth Impact Fund Project in Ocean City,
Maryland further described in the Strategic Demolition and Smart Growth Impact Fund Application
(The Application) either directly by the Department of Housing and Community Development
(the "Department") of the State of Maryland or through other departments or agencies of the State
of Maryland.

WHEREAS, the Mayor and City Council of Ocean City recognizes that there is a
significant need for reinvestment and revitalization of the communities in Ocean City; and,

WHEREAS, the Ocean City Development Corporation proposes to utilize this SD-SGIF as
further described in the Application, the purpose of which will be to contribute to the reinvestment
and revitalization in the Area; and,

WHEREAS, the Department, either through SD-SGIF or through other programs of the
Department, or in cooperation with other State departments or agencies, may provide some or all of
the financing for the Project (the "Project Financing") in order to assist in making it financially
feasible; and

WHEREAS, the Sustainable Community is located within a priority funding area under
Section 5-7B-02 of the Smart Growth Act and the Project will conform to the local zoning code;
and

WHEREAS, the applicable law and regulations require approval of a Sustainable
Community, the Project and the Project financing by the Mayor and City Council of Ocean City
and, where appropriate, by the chief elected executive official of the local subdivision;

NOW, THEREFORE BE IT RESOLVED THAT the Mayor and City Council of Ocean
City hereby endorses the request for financial assistance in the form of a grant or loan in the amount
of $393,781; and

BE IT FURTHER RESOLVED THAT, the Mayor be, and is hereby requested to endorse
this Resolution, thereby indicating his approval thereof; and,

BE IT FURTHER RESOLVED THAT copies of this Resolution be sent to the Secretary of
Housing and Community Development of the State of Maryland.

READ AND PASSED THIS ____ day of J uly, 2014.

ATTEST:

_______________________ _________________________
Kelly Allmond Richard W. Meehan
City Clerk Mayor

_________________________
Lloyd Martin
President
Approved as to form:

_________________________
________________________ Mary Knight
Guy R. Ayres, III Secretary
City Solicitor

Description of Grant Requests

As part of the Strategic Demolition and Smart Growth Impact Fund Program application, the
Town of Ocean City must approve a resolution stating that it supports the submission of the
Ocean City Development Corporations application for funding. This years application deadline
is J uly 15
th
. Attached is the boilerplate resolution from the Maryland Department of Housing &
Community Development that endorses the OCDCs submission of this years application
requests.

The OCDC is requesting the Town of Ocean City to approve this resolution that requests
$393,781 for the following revitalization project:

1) Demolition of nine structures on the Dorchester Street/Somerset Street block between
Baltimore and Philadelphia Avenues commonly referred to as the Model Block.

The OCDC, working with the Town of Ocean City, has long envisioned the assemblage of
several properties with the intent of attracting a redeveloper to construct a mixed use project in
the core of the downtown area. Currently there are eight buildings on City owned property and
the OCDC has a contract to purchase the property with one additional building at 108 Somerset
Street. The total estimated cost to demolish these nine buildings is $393,781.

The OCDC anticipates demolition of these buildings in 2015 and will be seeking development
interests for this future redevelopment project.

Attached is a cost estimate for the demolition of the nine buildings on this block.

The State of Marylands Strategic Demolition and Smart Growth Impact Fund has been in
existence for two years and is expected to be a very competitive funding process. This year the
program has $7.5 million available, but the pool of applicants is expected to be very large.
However, the OCDC believes this Model Block project is a very good project and will yield a
high leveraging of State dollars, which the State likes to see in its applications. This is the same
State funding program for which the OCDC was awarded a $90,000 grant towards the
demolition/predevelopment costs for the Fat Daddys mixed use project.

Thank you for your consideration of this request.


THE CITY SOLICITOR

D. Resolution establishing FY15 wastewater laboratory test
fees (for sewer connection, plumbing permit and laboratory
tests)

6

TOWN OF

FROM: Charlie Felin, Wastewater Department Superintendent
RE: Resolution to establish FY15 wastewater lab fees
DATE: July 1, 2014

ISSUE(S): FY15 recommended lab fee schedule

SUMMARY: In accordance with Town Code 94-69, Rates and Charges, fees
for collecting and testing water and wastewater samples, sewer
connection charges and plumbing permit fees shall be as
established, from time to time, by resolution of the Mayor and
Council. Cost to cover laboratory tests were last increased in May
2012.

This resolution proposes an increase in fees for ten (10) tests to
cover expenses with an average increase of $2.75 per test.

FISCAL IMPACT: None

RECOMMENDATION: Ratify resolution

ALTERNATIVES: None

RESPONSIBLE STAFF:

Charlie Felin, Wastewater Department Superintendent
Christie Menning, Laboratory Supervisor
COORDINATED WITH: Jim Parsons, Chief Deputy Director of Public Works
Guy Ayers, City Solicitor

ATTACHMENT(S): Resolution and fee schedule

Agenda Item # 10D


11 COMMENTS FROM THE PUBLIC

Any person who may wish to speak on any matter at the Regular Session may
be heard during Comments from the Public for a period of five( 5) minutes or
such time as may be deemed appropriate by the Council President. Anyone
wishing to be heard shall state their name, address and the subject on which he
or she wishes to speak.


12 COMMENTS FROM THE CITY MANAGER

A. Review of tentative work session agenda for July 15,
2014


13 COMMENTS FROM MAYOR AND CITY COUNCIL

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