KENT COUNTY, MARYLAND
COUNTY COMMISSIONER'S

PUBLIC HEARING -4/30/2002

ADMINISTRATIVE REVEW

In accordance with Code of Public Laws, Section 68 "Boats and Boating", an administrative review was held on Tuesday, April 30, 2002, at 1:00 p.m. in the County Commissioners' Hearing Room, County Government Center, Chestertown, Maryland in the matter of appeal of the decision made on February 11, 2002, by the Public Landings and Facilities Board, to deny an application for six (6) moorings in Worton Creek by Herschell B. Claggett.

County Commissioners Ronald H. Fithian, Larry B. Beck and W. Michael Newnam were in attendance as well as Ernest S. Cookerly, County Attorney, Herschell B. Claggett, and Harris P. Murphy, Esq., representing Mr. Claggett. Carter Stanton, Director of Public Works, Frank Legg and Clay Larrimore, members of the Public Landings and Facilities Board (PLFB) were also in attendance.

Mr. Murphy gave a chronology of the events prior to the denial of Mr. Claggett's application for six mooring buoys. Mr. Murphy affirmed the PLFB's denial of the application specifically based on the excessiveness of the proposed arc of each mooring, rather than a denial of his request for moorings.

Mr. Murphy read excerpts from the code of local laws relating to mooring buoys which states the permit "shall" be approved unless the application does not conform to code. He further noted that code does not prohibit the arc of a mooring unless the arc intersects the channel.

Commissioner Fithian inquired as to the status of sanitary facilities on the applicant's property. Mr. Murphy advised that Mr. Claggett provided correspondence to obtain temporary sanitary facilities, however, he is not aware of any resolution to that matter. He further noted that he did not feel the sanitary facility was an issue on this appeal. If the sanitary facility was a problem, the PLFB should have addressed it. Mr. Murphy again reiterated that the application was denied on the basis of excessive arc, (150' feet radius) not the lack of sanitary facilities on the premises.

Commissioner Fithian advised that he was present at the PLFB meeting and Mr. Claggett was offered six moorings locations previously used by Worton Creek Marina. Mr. Murphy advised that according to law, if the application meets code, Mr. Claggett may select the location and arc of the moorings. Commissioner Beck inquired as to the reason why the six moorings offered were refused. Mr. Murphy stated that the law is not about compromise and fairness; that as long as the application conforms to code, his request including the specified location and length of arc, cannot be denied.

Mr. Cookerly confirmed the Commissioners have thirty days in which to render a decision.