7/19/2006

OPA approves revisions to ARC/ECC procedures
By Chip Bertino

In a wide sweeping session, the Ocean Pines Association Board of Directors met to review and vote on recommendations and proposals of the Ad Hoc Committee on Architectural Review Committee-Environmental Control Committee (ARC/ECC) procedures on July 13.  All the directors were present with the exception of Janet Kelly and George Colburn.

The meeting was a follow-up to a special meeting held May 22 when the board reviewed the original 21 recommendations and requested amendments and additional recommendations from the committee.  The committee included Carol Ludwig, Diane McGraw, Walt Boge, Bernard McGovern, Marlene Ott and Bill Rakow.

Directors also dealt with rectifying at times controversial differences in the conclusions and recommendations between the Ad Hoc Committee on ARC/ECC Procedures and a now defunct committee that had been chaired by former OPA Director Skip Carey and that spent nearly a year reviewing the procedures of the Architectural Review Committee (ARC).

Recommendations and proposals of the Ad Hoc Committee on ARC/ECC procedures:
Working from a final report, the board reviewed six recommendations and proposals that had been revised since the May 22 meeting or that had been tabled at that meeting pending additional information and recommendations.

The board accepted a proposal to consider expanding the ARC to five members, with staggered terms of service.  This proposal would be considered when there is a referendum to change the Declarations of Restriction.  It was further recommended that there be representation on ARC from one or more sections within Ocean Pines that have their own architectural/design review committees and guidelines.  These sections include 12, 14B, 15B, 16, 17 and 18.  Additionally the Compliance, Permitting and Inspection (CPI) department would notify the review committees of these sections when a permit/application is received.
The board accepted the recommendation that the OPA website be adapted to include an interactive “Ask a Question of the ARC.”

The board accepted the recommendation that the OPA conduct a review of the fees charged by ARC and PCI.  The committee reported that it has received numerous concerns that fees established by OPA for construction, variances, completion agreements are either too high or are not consistent with the size of the project. 

The board accepted recommendations that residents may park a recreation al vehicle (RV) at their residence under the following conditions:

Four times per year for a maximum two-week period with a minimum of two weeks separation between these periods, and that a permit from the CPI department must be obtained prior to each parking period; and,

Twelve times per year for a maximum period of 48 hours for the purpose of loading and unloading the RV between trips.  An application from the CPI department for this annual permit is required.

That the provisions in the current Guidelines for long-term storage of RV remain unchanged.
The board approved a recommendation that employees of OPA who are CPI inspectors shall wear a photo identification badge when inspecting or entering properties.  The badge will include the employee’s photograph, name, title and department.

The board accepted implementation of a proposal that property owners be informed of how they can request a review of a variance/adjustments request that has been denied. A new appeal application was adapted.  The rationale behind this recommendation was that the variance/adjustments request procedure should be as user friendly as possible and should allow for potential fixes to be developed.  Owners would also be informed that according to the community’s Declaration of Restrictions, the ARC has the final authority and that redress is potentially available through a lawsuit in the county civil court system.

The board decided not to accept a recommendation that OPA formally implement a property resale program in writing that explains OPA policy and establishes the procedures for the resale and inspection of property in Ocean Pines.  Instead, the board voted to have fellow board member Dan Stachurski develop a procedure for this.

ARC-Ad Hoc conflict/differences
Following a break, the board reconvened to discuss and vote on nine issues that had been proposed in what has been referred to as the “Carey Committee” but had been rejected by the ARC. 

The board approved an ARC determination to keep the existing guidelines with regard to trailers.  Storage and parking would be allowed with restrictions.  Property owners would be allowed to have one boat trailer, two personal watercraft (PWC) trailers and one acceptably sized small utility trailer (less than 16 foot in length; and less than four in height). 

The Ad Hoc committee had suggested not to exclude utility trailers, boat trailers and PWC trailers; and to remove the height and length restrictions.

The board accepted the Ad-Hoc committee’s recommendation for more relaxed requirements for reasonable variances and adjustments of the Declaration of Restrictions.  Additionally, property owners would not be expected to “demonstrate a need” for an exception request for building height requirement and buildable area on a lot.

The board approved to retain the original wording the ARC guidelines regarding boatlifts.  The guidelines state that one boatlift is allowed for a property with 100 foot of bulkhead or less, two boatlifts if the property has more than 100 feet of bulkhead, one davit per lot and two PWC lifts per lot.

The board accepted the Ad-Hoc recommendation to change the formula to increase coverage per lot to a maximum of 55 percent of the buildable area.

The board accepted the ARC determination regarding building height requirements remain unchanged at 35 feet high.

The board voted not to change home occupation restrictions regarding homeowners working out of their homes as determined by the ARC.  It is believed that OPA should not be overly restrictive on owners working out of their homes as long as they adhere to the limitations within the guidelines, especially pertaining to vehicle and parking regulations.

The board accepted the ARC determination regarding outbuildings and other structures on a property.  ARC allows one shed (with a maximum of 120 square feet), and natural materials only.  Further ARC permits one storage structure per lot, not metal structures and a maximum of 20 square feet and six and half feet high.

The board accepted the Ad Hoc report that setback modifications be the same as Worcester County Code with regard to front, side and rear setbacks.

The board accepted the Ad Hoc report that there be no significant changes to guidelines related to signs.  The guidelines state that the ARC “will permit signs only if it deems them essential and in the general interest of the community, does not adversely affect property values and strictly adheres to” a maximum of four square feet and no side greater than 38 inches.


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