Emmitsburg Planning Commission approves Brookfield Phase 5 forest conservation plan and final subdivision plat with conditions

The Emmitsburg Planning Commission approved the Brookfield Phase 5 final forest conservation plan and the subdivision plat for Parcels C, D and E on April 28, requiring the developer to address town-engineer comments and submit a fee-in-lieu payment before permits may be issued.

Sheila, a town staff member, presented the final forest conservation plan for the Brookfield project, located on the south side of Timbermill Run, and identified several required corrections drawn from an RK&K memorandum dated April 15. She told commissioners that the plan currently shows a 25-foot stream easement but the town requires a 50-foot buffer for perennial streams, that several forest conservation worksheet calculations must be corrected, that short-term protection notes should be removed where no planting is proposed, and that a note citing cultural resources and critical habitat must be added. "It was deducted from the forest conservation net tracked area, so it cannot be used as forest retention credit," Sheila said of the 100-year floodplain. She also stated the corrected fee-in-lieu calculation as "0.322¢ per square foot."

The chair asked whether the April 15 RK&K memorandum had been resolved; Sheila said the floodplain point remained under discussion while other comments were still being processed. Commissioners clarified that the floodplain cannot be counted toward forest-retention credit under the town's logic and code, and asked staff to ensure the developer's revised plans reflect those requirements.

On a motion from the commission, members voted to approve the forest conservation plan subject to conditions: the developer must address all comments provided by the town engineer as outlined in the RK&K memorandum (dated April 15, 2025) and any subsequent town-engineer comments; submit the appropriate fee-in-lieu payment calculated in accordance with town code and the applicable inflation-adjusted rate; continue to collaborate with town staff to ensure full compliance with town code and development procedures; and pay any fees assessed by the town of Emmitsburg for reviews or permits. The chair declared the motion carried.

Sheila then presented the final subdivision plat for Brookfield Phase 5, describing the proposal as the development of 10 single-family lots, the creation of three homeowners association parcels and a remainder parcel in the R-3 zoning district. Staff noted that approval of the plat was required before the improvement plan could be signed and that one comment from RK&K remained to be addressed.

Commissioners asked about the landscape easement shown on the plat. Sheila said the easement is a town requirement intended for street trees and related no-removal restrictions adjacent to the roadway. During public comment, resident Richard Demitt said he was not looking at the plat but believed the landscaping easement was for street trees and noted other easements shown for snow placement: "I believe the landscaping easement is for the street trees," Demitt said.

The commission approved the final subdivision plat with conditions mirroring those attached to the forest conservation approval: the developer must address RK&K's April 15 comments and any subsequent town-engineer comments; submit the required fee-in-lieu payment per town code and the applicable inflation adjustment; collaborate with town staff to meet applicable code requirements; and pay any town fees for required reviews or permits prior to issuance of permits. Staff said improvement plans can be signed once the outstanding comments are addressed.

With the actions completed and no further business, the commission adjourned the meeting.