Public Hearing Access and Exhibits
Date: Thursday, March 6, 2025, 9:30 a.m.
Hearing: CU 25-02, CTC Retail, LC. & WEIS MARKETS, INC.
EXHIBIT LIST
EXHIBITS
Exhibit 1. Conditional Use ApplicationExhibit 2. MNCPPC Checklist
Exhibit 3. Statement of the Case and Statement of Operations
Exhibit 4. Certified Zoning Map
Exhibit 5. Notice List
a. Adjoining and Confronting
b. HOA/Civic Assns
c. OZAH Mailing List
Exhibit 6. Traffic Statement
Exhibit 7. Owner Authorization Affidavit
a. Authorization Letter
Exhibit 8. Existing Features Plan
Exhibit 9. Conditional Use Plans
a. Cover Sheet
b. Approval Sheet
c. Conditional Use Site
d. Site Details Sheet
e. Landscape Plan and Details
Exhibit 10. Approved NRI/FSD Plan (3 Sheets)
Exhibit 11. Final Forest Conservation Plans
a. Cover Sheet
b. Overall Plan
c. Final Forest Conservation Plan
d. Final Forest Conservation Plan 2
e. Final Forest Conservation Plan 3
f. Final Forest Conservation Plan Approval
g. Final Forest Conservation Tabulations
h. Final Forest Conservation Plan- Approval Sheet
i. Final Forest Conservation Plan-Approval Sheet
j. Final Forest Conservation Plan-Approval Sheet
Exhibit 12. Final Water Quality Plans
a. Cover Sheet
b. Composite Final Quality Site Plan
c. Final Water Quality Plan
d. Final Water Quality Plan
e. Final Water Quality Plan
f. Final Water Quality Plan
Exhibit 13. SWM Concept Plan Approval Letter
Exhibit 14. Record Plat 25584 or 61-58
Exhibit 15. Resumes
a. Kevin Foster
b. Tim Longfellow
c. David Samba
d. Edward M. Steere
Exhibit 16. Fire Access Site Plan
Exhibit 17. Open Space Plan
Exhibit 18. Circulation Plan
Exhibit 19. Color-Coded Utility Plan
Exhibit 20. Planning Board’s Resolution dated 11.6.2008 and 12.11.2008
Exhibit 21. Planning Board’s Resolution dated 07.23.15
Exhibit 22. Planning Board’s Resolution dated 02.29.24
Exhibit 23. Statement of Justification
Exhibit 24. Sign Location Exhibit
Exhibit 25. Architectural Exhibit
Exhibit 26. Lighting Plans
Exhibit 27. Applicant's Acceptance of the Posting of Signs
Exhibit 28. Applicant’s Attorney request to amend Conditional Use Application to add Weiss Markets, Inc as Applicant
Exhibit 29. Motion to Amend submitted by Keith Bennet on behalf of Applicant’s Attorney (Exhibits 30-34)
Exhibit 30. See Exhibit 1
Exhibit 31. See Exhibit 3
Exhibit 32. See Exhibit 9a
Exhibit 33. See Exhibit 16
Exhibit 34. Needs Analysis
Exhibit 35. Notice of Public Hearing
Exhibit 36. Staff Report
a. Attachments
Exhibit 37. Applicants Prehearing Statement
Exhibit 38. Updated Needs Analysis
Exhibit 39. Letters of Support
a. Dennis Swihart, RA
b. Eric A. Grandi
c. Deborah D'Attilio
d. Gregory Willits
e. Heather & Erik Mann
f. Michael Herson
g. Clarksburg HOA Statement
h. Mark Lieberman
i. Steve Feather
Exhibit 40. Amy Presley Testimony
Exhibit 41. Letter from Amy Presley; Re: Request to Testify
Exhibit 42. Exhibits submitted by Amy Presley after hours 1.21.25(Exhibits 43-47 & 50)
Exhibit 43. Compliance Program Staff Report
Exhibit 44. Compliance Plan
Exhibit 45. Planning Board Resolution dated June 15, 2006
Exhibit 46. Staff Report Submission Revised Plans for Plan of Compliance
Exhibit 47. Corrections to Compliance Program Site Plans and Minor Changes
Exhibit 48. Affidavit of Posting
Exhibit 49. Opposition to Conditional Use Application submitted by Leslie Powell, Esq.
a. Clarksburg Town Center Plan of Compliance
b. Five Mile Radius of CTC
c. Destination Analysis Clarksburg
d. Tank Capacity
Exhibit 50. Preliminary Plan Final Water Quality and Site Plan submitted by Amy Presley (Paper Copy)
Exhibit 51. Email Exchanges between the Hearing Examiner, Robert Harris (Applicants Counsel), Amy Presley (Opposing Application) and Leslie Powell (Counsel for Opposing Parties) ; Re: Clarification on how to move forward with the Hearing based on late submissions, and Ms. Sokoni’s email clarifying how hearing will proceed.
Exhibit 52. Received at January 23rd hearing: Affidavit of Posting (Already marked as Exhibit 48)
Exhibit 53. Received at January 23rd hearing: Planning Board Resolution dated 3/25/24) from Applicant’s Attorney Robert Harris.
Exhibit 54. Received at January 23rd hearing: Clarksburg Town Center Project Plan from Applicant’s Attorney Robert Harris.
Exhibit 55. Planning Board Transmittal Letter received on January 10, 2025.
Exhibit 56. Email from the Hearing Examiner to Parties ; Re: Outlining format for February 20th hearing.
Exhibit 57. Email exchange between Hearing Examiner and Amy Presley ; Re: Clarification on what needs to be addressed prior to hearing.
Exhibit 58. Email Exchange between the Hearing Examiner and Parties; Re: Procedure for 2/20/2025 hearing.
Exhibit 59. Overall Site Plan of Clarksburg Town Center
Exhibit 60. Subpoena Request from Leslie Powell, Esq.
Exhibit 61. Letter from Leslie Powell, Esq. with attachments enclosed
a. Affidavit of Ajay Patel
b. Motion to Deny Conditional Use Application
i. Exhibits A-I
Exhibit 62. Opposition to Leslie Powell’s Subpoena request submitted by Applicant’s Attorney Robert Harris
Exhibit 63. Exhibits Submitted by Applicant's Landscape Architect Keith Bennett
a. Map of Gas Stations within 1 mile
b. Project Location
Exhibit 64. Reply to Motion to Deny Conditional Use Application
a. Attachments to Reply to Motion
Exhibit 65. Order regarding Leslie Powell, Esq. Subpoena Request issued by the Hearing Examiner
Exhibit 66. Memorandum of Law submitted by Robert Harris, Esq.
a. Attachments (Exhibits A through F)
Exhibit 67. Email Exchanges among the Hearing Examiner and Parties
Exhibit 68. Replaced by Exhibit 68a
a. Revised Settlement Agreement
Meeting Details
To Appear in Person: Go to the Davidson Memorial Hearing Room adjacent to OZAH office, Room 200, Council Office Building, 100 Maryland Ave., Rockville, MD 20850
To appear via Zoom:
https://us02web.zoom.us/j/85761836412?pwd=aIHe8JeklN0aMi4aHHsM4RbUsD8PxK.1
Meeting ID: 857 6183 6412
Passcode: 533457
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