KENT COUNTY, MARYLAND
COUNTY COMMISSIONER'S

PUBLIC HEARING - 10/29/2002

COMPREHENSIVE WATER & SEWERAGE PLAN AMENDMENT

A Public Hearing was held on October 29, 2002 at 10:37 a.m. in the County Commissioners' Hearing Room, County Government Center, 400 High Street, Chestertown, Maryland for the purpose to consider application submitted by Lawrence Developers, LLC for amendment to the Kent County Water and Sewer Plan.

County Commissioners Ronald H. Fithian and Larry B. Beck were in attendance as well as Wayne Morris, Director, Department of Water and Wastewater Services, Ernest S. Cookerly, Esq., County Attorney, Jim Wright, County Engineer, Ed Birkmire, Director, Environmental Health, Kent Lawrence, Kent Lawrence & Associates Developers, LLC, and fourteen interested persons. Commissioner W. Michael Newnam was not in attendance due to a commitment with his employer, Verizon.

Notice of the Public Hearing was read into the record by Commissioner Fithian.

Kent Lawrence representing Lawrence and Associates Developers, LLC, briefly described the project. The purpose of the amendment to the County's Comprehensive Water and Sewerage Plan is to include sewer allocations for the proposed development, Prestwick Woods. The 12 lot, 38 acre subdivision is located on Parcels 19, 31,145 and 146 of Tax Map 44 off of Lovers Lane, Seventh Election District. The application requests the proposed development be designated as "Planned Service" and included in the Quaker Neck Service area. The nearest sewage facility is one half mile east on Quaker Neck Road.

Correspondence dated October 10 was received from the Planning Commission advising of its review on October 5 and provided the following comments on the concept plan:

• •Move the building setback line to the point where lots 4,8, and 9 are 100 feet in width.
• •Provide a 100-foot stream buffer and a 25-foot nontidal wetland's buffer.
• •Provide a 5-foot pedestrian and bike easement along Lovers Lane.
• •Work with the Kent County Roads Department concerning Lovers Lane.
• •Direct stormwater runoff away from Country Club property.
• •Look to innovative stormwater management to protect the nontidal wetlands at the base of the ravine and elsewhere on the site.
• •Prepare a citizen participation plan and submit the results to the Planning Commission at preliminary review.
• •The property is an incredibly environmental sensitive site and the area may not support the proposed 12 lots.
• •If a community sewerage disposal system is proposed, submit a revised concept plan for review by the Planning Commission.

Correspondence dated October 28 was received from Edward L. Birkmire, Director, Environmental Programs, advising of his review of the proposal submitted by Mr. Lawrence and offered the following comments:

• •The purposed expansion does not include properties with known on-site system failures, i.e. line proposed would only include properties on the right hand side of Lovers Lane. Eight (8) failures have been documented on the opposite side of the road and should be included.
• •There are 9 existing properties with on-site system failures that would be included in proposed area that should receive priority.
• •The current service area includes many properties for planned service but they have not been serviced, i.e. 35 parcels in Heather Heights.
• •The Town of Chestertown has a policy not to extend their treatment capacity outside the Town boundaries but will honor 9 previously negotiated connections. When these are used there will be no more. In a preliminary survey, we have determined that at least 9 existing properties have failures and need these connections.
• •The Kent County Comprehensive Water and Sewerage Plan requires all on-site wastewater disposal systems be connected to public wastewater systems when they become available. The number of existing properties in both the existing and the proposed service area far exceeds these service connections available. This is required without regard to functioning of this system. (Refer to Millington)

The preliminary results of his continuing survey are as follows:

• •There are 14 parcels within the proposed planned service area that are currently vacant. Kent County Tax Map 44, Parcels 19, 21, 22, 31, 36, 67, 70, 107, 111, 112, 146, 168, 293 and 316.
• •There are 9 parcels within the proposed planned service area that have residences with failures, either surface or technical.
• •There are 8 parcels on adjacent side of Lovers Lane from the service area that have residences with failures, either surface or technical.
• •There are 6 parcels on adjacent side of Lovers Lane from the service area that are vacant. Kent County Tax Map 44, Parcels 144, 217, 239, 296, 311 and 329.

Based on this information the Health Department would object to this modification of the Quaker Neck Sewage Service Area as submitted by Mr. Kent Lawrence and would encourage a more technical approach to define the problem and develop solutions for the community with their involvement, the town of Chestertown, County Water and Wastewater Services and the local Health Department.

Mr. Morris advised that nine allocations were reserved/available and recommended to extend the service area which would require renegotiations with Chestertown Mayor and Council for additional allocations. He presented a map delineating the subdivision, Heather Heights, which is currently not serviced but within the "Planned Service Area" and residents are requesting sewer service.

Mr. Birkmire reviewed the area and the failing septic systems in the immediate vicinity and reiterated recommendation made in his correspondence.

Questions/comments were then entertained from those attending.

Francis B. Harris, 25488 Lovers Lane, reported that his septic will eventually fail and advised of the need to have sewer service available. He further noted that he is in the process of replacing his home and is required to have a percolation test conducted which will cost $300. If sewer service is forthcoming he would prefer to avoid this expense. Mr. Birkmire advised that he was aware of Mr. Harris' dilemma and Mr. Harris would not be required to pay for a percolation test should sewer service be made available.

Judith Olberholtzer, 25175 Lovers Lane, stated that she would like sewer service for her property.

Mary Evans, 7420 Quaker Neck Road, advised that she had previously written a letter in opposition to all available allocations being given to a new development.

Meredith Davies Hadaway, 25195 Lovers Lane, advised that her septic is stressed, if not failing and stated that failing systems should be addressed prior to a new development.

Rex Kershaw, Rock Hall, advised that the Quaker Neck Service Area has a yearly deficit and expanding the system may relieve some of the debt. Mr. Cookerly advised that expanding the service area would most likely increase debt.

Dan Olberholtzer, 25175 Lovers Lane, stated that he was pleased that a study was proposed to review all sewage needs to find a resolution.

Commissioner Fithian read correspondence was received from Richard B. and Susan B. Walls, 25181 Lovers Lane, expressing opposition to sewer allocations being granted to a new development as they believe existing systems should be addressed first. In addition, they feel the roadway is too narrow to accommodate added vehicular traffic and expressed concern of run-off from the properties.

Mr. Morris suggested that based on staff comments, issues addressed today can be amended with the application. Commissioners Fithian and Beck stated they were not prepared to take action on this application today. Commissioner Newnam will need to hear the testimony and further discussion is needed with the Chestertown Mayor and Council and Mr. Morris in the near future.

Mr. Spence requested another public hearing be scheduled after the meeting with the Chestertown Mayor and Council.

This hearing was taped for reference and adjourned at 11:20 a.m.