* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] THREE UP, SIX O'CLOCK. WELCOME EVERYBODY. [1. CALL TO ORDER] THANK YOU ALLALL, FOR BEING HERE TONIGHT. APPRECIATE YOUR SERVICE. UM, WE DO HAVE A NEW MEMBER WELCOME. AND BENJAMIN COOK. YES, SIR. OH, WELCOME, BENJAMIN. GLAD. YEAH. SUPER. UH, TERRIFIC. WELL, WE'RE JUST GONNA, WE HAVE A, A QUORUM AND WE'LL HAVE THE ROLL CALL PLEASE. JIM ROGERS. HERE. BENJAMIN COOK? HERE. MARK PALMER. HERE. HUNTER MARTIN. HERE. CRAIG BARTLES. STEVE WORKINGS? HERE. KEENAN PULLER. HERE. STEVE KNIGHT. HERE. KEN. SARAH HERE. OKAY. WE HAVE OUR [3. APPROVAL OF MEETING MINUTES] MIN UH, MEETING MINUTES FROM APRIL 1ST, 2026. Y'ALL HAVE HAD CHANCE REVIEW THOSE? THERE ARE NO CHANGES OR CORRECTIONS. I, I HAVE JUST A COMMENT IF, IF YOU DON'T MIND. YEAH. I'M A GRAMMARIAN AND READING THIS IS A LITTLE DIFFICULT. I KNOW IT'S NOBODY'S FAVORITE JOB TO TYPE MINUTES. UM, BUT, AND I'M SURE THESE, I WASN'T HERE AT THE LAST MEETING. I'M SURE THIS REFLECT WHAT WAS DONE. BUT I'D LIKE TO ASK MAYBE A PROOFREAD BEFORE MINUTES GO OUT OR SOMETHING WITH THAT I WILL MOVE THAT WE APPROVE THE MINUTES IF IT HAS BEEN MOVED FOR APPROVAL. DO I HAVE A, A SECOND. I SECONDED. ANY FURTHER DISCUSSION? THANK YOU FOR YOUR COMMENTS. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? MOTION PASSES. OKAY, THANK YOU VERY MUCH. SO WE'RE GOING ON TO, WE HAVE NO UNFINISHED BUSINESS. WE HAVE NEW BUSINESS. [5. NEW BUSINESS/PUBLIC HEARINGS] IT'S A PUBLIC HEARING SITE PLAN, APPROVAL FOR THE PROPERTY LOCATED AT 1 2 5 SOUTH ELIJAH STREET, UH, IDENTIFIED ON BERKELEY COUNTY MARTINSBURG DISTRICT HACK MAP 13 PARCEL 4 35. WOULD THE APPLICANT PLEASE COME FORWARD AND INTRODUCE YOURSELF TO US AND I'LL OPEN THE FLOOR FOR THE PUBLIC ENFORCEMENT MEETING. THANK YOU. UM, CHUCK BRAD, AN ENGINEER WITH ALPHA ASSOCIATES. 5 35 WEST KING STREET HERE IN MARTINSBURG. I'M HERE ON BEHALF OF THE MARTINSBURG UNION RESCUE MISSION. UH, AND WE'RE SEEKING APPROVAL OF THE SITE PLAN FOR A NEW AIR HOUSE BUILDING LOCATED AT 1 25 SOUTH STREET. VERY GOOD. THANK YOU. NOTED. SO I AM GOING TO OPEN THE FLOOR FOR THE PUBLIC HEARING PORTION OF THIS MEETING. SEEMS TO BE MORE OF A FORMALITY AT THIS POINT. I'M GOING TO OPEN THE FLOOR. ANYONE THAT WOULD LIKE TO COME FORWARD AND SPEAK EITHER IN FAVOR OF OR OPPOSED TO THIS SITE PLAN APPROVAL, PLEASE DO SO. NOW, LET THE RECORD SHOW THAT NO ONE HAS GONE FORWARD. SO I WILL CLOSE THE PUBLIC HEARING PORTION OF THIS MEETING. STAFF ANY COMMENTS, ANYTHING TO BE SAID ABOUT THIS? NO, I'M NOT. YEAH, SO THEY DID GO TO THE BOARD OF ZONING APPEALS FOR A COUPLE OF VARIANCES THAT DID PASS AND THEY HAVE A, UM, MERGER PLA THAT WE'RE JUST WAITING TO GET THE SIGNED COPIES AND RECORDED. SO DOES THE SITE PLAN APPROVAL HAVE TO BE CONTINGENT UPON THE MERGER OF THE, THE MERGER OF THE PLAT? UH, YES. IT WOULD PROBABLY MAKE SENSE TO DO THAT. WE'RE IN THE FINAL STAGES OF THAT MERGER. I THINK WE'RE WAITING ON SIDE COPIES. SO, AND THE ONLY THING HOLDING THE MERGER PLAN UP, THEY WERE WAITING FOR COPIES OF THE LETTERS FROM THE BOARD OF ZONING APPEALS, WHICH WE JUST RECEIVED TODAY. OKAY. WE'LL GET THAT INCLUDED AND WE'RE READY TO SUBMIT THAT TOMORROW. SUPER. MM-HMM . PERFECT. I HAVE, UM, KIND OF A GENERAL QUESTION REGARDING THE SMART BOARD OF ZONING APPEALS. WHEN I READ OVER THIS, IS THERE ONLY THREE MEMBERS THAT GROUP? NO, BUT WE HAVE, WE ARE SHORT. A COUPLE OF MEMBERS I THINK. DIDN'T THEY JUST GET READY TO A POINT? I SAID THEY'VE GOTTEN A FEW PEOPLE THAT ARE INTERESTED, BUT WE'VE HAD COUPLE PEOPLE RESIGNED. SO WE WERE DOWN TO, WE HAD MORE THAN THREE, BUT WE ONLY HAD THREE OF APPEAR. THAT MEETING. WE HAD A COUPLE THAT WERE ABLE TO BE THERE. OKAY. THAT'S WHAT I WAS LOOKING AT THE, YOU KNOW, THE PEOPLE THAT AGREED AND, AND OF COURSE YOU HAD A CHAIRPERSON AND THERE WAS ONLY TWO PEOPLE AGREED AND NOBODY DISAGREED. AND I'M THINKING THERE'S ONLY THREE PEOPLE. IT WAS THAT MEETING. FOR THAT MEETING. THERE WAS THREE. AND THAT WAS ENOUGH TO CONDUCT THE BUSINESS. YES. WE HAD TO HAVE THREE AND ALL THREE OF 'EM THAT HAD TO AGREE ON EVERYTHING. SO. OKAY. THANK YOU. MY HOUSEHOLD ? UH, YEAH, PLEASE. WELL I'M UNCLEAR AS TO WHETHER OR NOT, UH, OUR APPROVAL OF THIS SHOULD BE CONTINGENT UPON THE FLAT MERGER. IT SHOULD BE. OKAY. IT SHOULD BE CONTINGENT UPON EXACTLY WHAT A RECEIPT AND APPROVAL OF A PLAT WORKER MERGER. MERGER PLAT. YOU'RE TESTING MY MEMORY. ANY OTHER COMMENTS? JIM? I NEED [00:05:01] TO RECUSE MYSELF FROM THE VOTE. OKAY. OFF THE RECORD, SHALL OKAY. LET THE RECORD. COMMISSIONER MARTIN HAS RECUSED HIMSELF FROM THE VOTE. I WILL MOVE THAT WE APPROVE THE SITE PLAN FOR CASE NUMBER 2 0 2 6 DASH ONE DASH SP CONTINGENT UPON THE APPROVAL AND RECEIPT OF THE PLAT MERGER FLAT MERGER. IT'S BEEN MOVED. DO I HAVE A SECOND? IT'S BEEN SECONDED. ANY FURTHER DISCUSSION? ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? MOTION PASSES. THANK YOU VERY MUCH. CONGRATULATIONS. THANK YOU VERY MUCH. THANK YOU. OKAY, WE'RE GOING ON TO ITEM NUMBER SIX, WHICH IS DISCUSSION ACTION ITEM PROPOSED EXTENSION FOR RECORDING. DEADLINE OF APPROVED FINAL PLAT FOR THE GALLERY. SECTION TWO, PHASE SEVEN, PART TWO. SO BEING A DISCUSSION ACTION ITEM, A NECESSITY FOR THE APPLICANT TO COME FORWARD OR JUST YOU'RE GONNA HAVE TO DO US. OKAY. SO THIS WAS A FINAL PLA UM, FOR THE GALLERY, UH, NEW SECTION THAT THEY HAD, UM, WORKED ON PLATING OUT THAT YOU ALL HAD PASSED AND APPROVED ON JANUARY 7TH. AND ORDINANCE REQUIRES IT TO BE RECORDED WITHIN 120 DAYS. UM, SO THEY ARE NOT QUITE READY TO POST THE BOND, UM, REQUIRED FOR THE PLA AND HAVE ASKED FOR AN EXTENSION. OKAY. SO THE OPTIONS ARE EITHER GIVE THEM EXTENSION OR WHENEVER THEY'RE READY TO GO FORTH WITH THE RECORDING, HAVE THEM COME BACK TO THE BOARD FOR RE-APPROVAL. BUT NO OTHER CIRCUMSTANCES HAVE CHANGED FOR THIS. THEY'RE NOT MODIFYING ANYTHING. IT'S JUST AN EXTENSION BASED ON THE ORIGINAL APPROVAL. CORRECT. IS THERE A LENGTH OF THE EXTENSION PROPOSED? SO THEY'RE THINKING THEY'LL NEED PROBABLY A COUPLE OF MONTHS. UM, THEY SAID THAT SALES ON THEIR CURRENT PHASE HAVE BEEN SLOWER THIS YEAR THAN THEY WERE ANTICIPATING. SO THEY DIDN'T WANT TO REOPEN MORE LOTS UNTIL THEY GOT MORE OF THEIR EXISTING LOTS IN THEIR CONTRACT. SO, SO WHAT WOULD TRIGGER THEM HAVING TO COME BACK TO THE BOARD IF YOU ALL DECIDED NOT TO RENT TO AN EXTENSION? IN JANUARY 7TH IS WHEN WE PASSED. IT MOVED, YOU SAW IT WOULD BE JULY 7TH. JUNE 7TH. SO THE 120 DAYS IS ACTUALLY UP 12. OKAY. ALRIGHT. IT WOULD APPEAR TO ME, IF YOU'RE GOING TO EXTEND IT, YOU SHOULDN'T EXTEND IT MORE THAN HUNDRED 20. YES. I WAS ACTUALLY THINKING 90, BUT 90. SEE WHAT PEOPLE THINK HERE. I THINK 90 SOUNDS GOOD. SOME, SOME, UH, SOME, SOME GUIDELINES. SO IS IT, THIS ACTUALLY SAYS A DISCUSSION AND ACTION. I, I PRESUME THIS IS ACTUALLY BOTH AND THESE ARE ACTION, CORRECT? YES. I MEAN, YOU ALL HAVE TO VOTE AND DECIDE, UM, ON THE EXTENSION AND TIMEFRAME. WELL, TO FURTHER THE DISCUSSION AND KEEP THINGS MOVING, I'LL MOVE THAT THE PLANNING COMMISSION, UH, APPROVE OF A 90 DAY EXTENSION FOR THE ACTION ITEM SIX A. SURE. SOUNDS GOOD. SOUNDS GOOD. 90 DAY EXTENSION PROPOSED. DO I HAVE A SECOND? AND WE HAVE A SECOND. ANY FURTHER DISCUSSION EVER SAY AYE. AYE. ANY OPPOSED? MOTION PASSES. THANK YOU VERY MUCH WORKINGS. AND WE HAVE NO OTHER BUSINESS ON THE AGENDA. IS THERE ANYTHING ELSE FOR THE GOOD OF THE ORDER? MR. OKAY. THAT'LL TAKE A MOTION. WE, I WILL MOVE IT. WE ADJOURN. WE ARE A WE ARE ADJOURNED. THANK YOU VERY MUCH. YEAH. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.