KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, January 8, 2004, in the County Commissioners Hearing Room at 400 High Street, Chestertown, Maryland, with the following members in attendance: Elizabeth Morris, Chairman; Bill Sutton; Jay Lancaster; Rev. Ruben Freeman; Patricia Langenfelder; J. Francis Hickman; Marcy Brown; G. Mitchell Mowell, Attorney; Gail Webb Owings, Planning Director; Carla A. Martin, Community Planner; Amy G. Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

MINUTES - The minutes of the December 4, 2003 meeting were approved after making several corrections.

APPLICATIONS FOR REVIEW

#03-120 William A. & Ethel W. Clark - Special Exception (Cottage Industry) - Chairman Morris advised she is a customer of the Clarks but does not feel this will influence her recommendation.

The applicants were present and represented by their attorney C. Daniel Saunders. Staff was sworn in by Chairman Morris.

Mrs. Owings reviewed the staff report advising William and Ethel Clark are requesting a special exception to operate a seafood business from their home on Handy Point Road in the Sixth Election District. The Clarks buy and sell wholesale and retail seafood, bait, and steamed crabs in the sheds on their property. They use at least six trucks for their business. The property is zoned “AZD”.

Mrs. Owings reviewed relevant issues and applicable law in the Land Use Ordinance, reading the criteria for granting a special exception to operate a cottage industry. The Comprehensive Plan encourages the development of cottage and home-based businesses. Mrs. Owings recommended approval of the cottage industry as it appears to meet the criteria for a special exception.

Mrs. Owings advised several watermen have called the office encouraging approval of the Clark's special exception since this operation is important to their business.

Attorney Saunders advised the Clarks have owned and lived on their property since 1965. Their business has evolved over the years and now the business consists of buying bait wholesale, storing it on the property, and selling it to watermen for bait. They also buy crabs from waterman and ship crabs off for sale. Retail sale of crabs is a minimal part of the business. All business is conducted within the existing buildings except for the parking of any vehicles. Attorney Saunders feels there is a strong argument that this is a nonconforming use, but feels it makes sense to go forward with a request for a special exception and encouraged the Planning Commission to approve this request.

To clarify questions about the site plan, Attorney Saunders noted no new buildings are proposed. After being sworn in by Chairman Morris, William Clark advised the 20 by 8 foot freezer box has been on his property since late 1970's. Lighting is limited to around the sheds. Dead crabs are kept in freezer to avoid odor until they can be hauled away.

Ethel Clark was sworn in and reviewed the site plan with the Planning Commission. She noted the closest residence to their property would be about one third of a mile.

Chairman Morris asked for public comments. Mr. Reese Cory, an adjoining property owner, advised he supports the Clarks and their project. He has no complaints about odors or anything else.

After review and discussion, Mr. Lancaster made a motion to forward a favorable recommendation to the Board of Appeals recommending approval of William and Ethel Clark's special exception request for a cottage industry to operate a seafood business from their home on Handy Point Road. This recommendation is based on the following findings:

• Traffic will not have an adverse impact on surrounding area.
• The cottage industry will not have a negative impact on the surrounding area.
• The operation is well screened from adjacent properties as well as Handy Point Road and Fish Hatchery Road.
• There are no cultural or historic landmarks located near the cottage industry.
• The application is consistent with the standards, goals, spirit and intent of the Land Use Ordinance and the County = s Comprehensive Plan.
• As proposed, the seafood business is an appropriate use of the property that will have a minimal impact on water quality, fish, wildlife and plant habitat.

The motion was seconded. During discussion, Ms. Brown suggested including in the motion, that the entire cottage industry is occurring within existing accessory structures which complies with the Zoning Ordinance. Also include in the findings that the 20 by 8 foot freezer is an existing accessory structure located on the property since 1978. Mr. Lancaster added Ms. Brown = s comments to his motion, and that the cottage industry is limited to the existing structures. The amendment was seconded. The motion carried by an unanimous vote.

#03-125 Norman Savage / Dan Loller - Variance - The applicant requests a variance to construct a 960 square foot single family dwelling with a Stream Protection Corridor. A side yard setback variance of 2-feet is needed to construct a dwelling 6-feet from the east side property line. The blue-line stream that runs along the west side of the parcel is a relocated road ditch. The .341 acre parcel is located on Worton-Lynch Road in the Third Election District. The property is zoned “V” Village.

William Crowding, Registered Surveyor, was present on behalf of Dan Loller and Norman Savage. Mr. Crowding and staff were sworn in by Chairman Morris.

Ms. Moredock reviewed the staff report noting relevant issues and applicable law. Article V, Section 7.7 of the Land Use Ordinance addresses the Stream Protection Corridor. A variance is needed to construct the 960 square feet of impervious surface within the Stream Protection Corridor. The entire parcel is located within the Stream Corridor. The stream is a relocated road ditch.

Ms. Moredock reviewed applicable law found in Article IX, Section 2.2 of the Land Use Ordinance which authorizes the Board of Appeals to grant variances. Staff feels the side yard variance requested will not cause a substantial detriment to neighboring properties, nor will it change the character of the district. The side yard setback of 2-feet is needed in order to provide distance between the proposed dwelling and the ditch located along the west property line.

Ms. Moredock recommended approval of the side yard setback variance and the Stream Protection Corridor variance.

Ms. Moredock read a letter from Charles MacLeod, property owner directly across Worton-Lynch Road. Mr. MacLeod is not necessarily opposed to the variance but does have concerns about the adverse impact on stormwater management and the prospects of increased flooding in the area.

Mr. Crowding advised the existing ditch was constructed in 1972 by State Highway Administration to relieve the roadside water that runs under the railroad tracks and Worton-Lynch Road, along the MacLeod property on to a large pond. Mr. Crowding commented further on the history of this property.

Mr. Crowding advised Mr. Savage would like to build a 24 by 40 foot home on the site which cannot be done without a variance. Mr. Crowding reviewed the site plan and State Highway map with the Planning Commission. Discussion ensured regarding the ditch.

Mr. Crowding pointed out that his clients do not need a side yard variance because the house would be 9 feet from the side property line, not 6 feet. The Village District side yard setback requirement is 8 feet.

Chairman Morris asked for public comments. Dorothy Smith, Worton-Lynch Road, submitted 1998 photos of the flooding of the ditch near Worton-Lynch Road. Mrs. Smith is not opposed to a new home being built, however she is concerned that any new construction may divert water onto her property. She feels the ditch along Worton-Lynch Road is not deep enough to carry water into the ditch that runs south and north and backs up in her lane.

Charles MacLeod, adjoining property owner, was sworn in and stated he is not opposed to developing a parcel however he is concerned about stormwater run-off and the routine maintenance of the drainage ditch by State Highway and County Roads. Discussion continued about the ditch.

After a lengthy discussion, Ms. Brown made a motion to forward an unfavorable recommendation to the Board of Appeals recommending denial of the Norman Savage and Dan Loller variance requests to construct a 960 square foot single family dwelling within the Stream Protection Corridor. This recommendation is based on the following findings:

• There may be a substantial detriment to neighboring properties due to an increase in impervious surface and runoff into the ditch, exacerbating an existing drainage problem.
• The variance would not change the character of the neighborhood.
• The variance is not consistent with the Comprehensive Plan and intent of the Land Use Ordinance
• The granting of a variance would not be in harmony with the general spirit and intent of the Critical Area Law and Kent County regulations.
• The Planning Commission supports in-fill development
• The Planning Commission recognizes the Stream Protection Corridor is located on the entire parcel creating a hardship or injustice.
• The ditch is not effectively maintained by the State Highway Administration.

The motion was seconded. After discussing the motion, Chairman Morris called for the vote. The vote was unanimous.

Ms. Brown made a motion to send a letter to the County Commissioners suggesting they contact State Highway Administration about purchasing this property due to the fact that a blue line stream has been created by the SHA when they put a ditch on this property to take care of stormwater from Route 297 and other areas. Because of the situation, the Planning Commission feels this parcel may be potentially un-buildable. The motion was seconded and the vote unanimous.

The Planning Commission asked staff to contact the Soil Conservation Service asking them to check the Worton Road (Route 297) and Worton-Lynch Road intersection regarding the sediment control and stormwater run-off. From discussion it appears that maintenance of drainage ditches may be a concern throughout the county.

#03-127 Skippack Aviation LLC /Alexander Farm LLC - Special Exception - Skippack Aviation, LLC is requesting a special exception to install a private helistop at Kent Sand & Gravel LLC, on Alexander Road, near Massey. The property is zoned "AZD."

John Kerns, Skippack, Pa., was present and sworn in with staff by Chairman Morris. Attorney Saunders was also present.

Ms. Martin reviewed the staff report noting applicable law found in Article VII, Section 7.5 of the Land Use Ordinance which allows for "airport, landing field, heliport, or helistop" in the AZD District provided specific criteria is met. Ms. Martin further noted the only structures within a 1000-foot radius of the heliport are associated with the gravel operation and will not cause any flight obstructions. The closest residence is just over 1000 feet from the heliport and is owned by Shirley Alexander. It is felt the heliport will not impact traffic patterns or affect the surrounding area. Depending on the amount of use, noise, vibration and dust should be minimal. The helistop should not have any impact on water quality or plant and animal habitat. The sediment control plan needs to be modified and a standard stormwater management plan must be submitted. Site plan review will be required if this special exception is approved by the Board of Appeals decision.

Ms. Martin read a letter from Shirley Alexander advising she has no objection to the helistop.

Attorney Saunders and Mr. Kerns reviewed the site plan with the Planning Commission. Mr. Kerns advised the helistop will be mainly used by the Skippack Aviation, a limited liability company of Haines and Kibblehouse, who lease the property from the Alexanders. He does not anticipate more than 25-trips to the site annually. They have FAA approval.

Attorney Saunders defined the difference of a helistop and a heliport. "Helistop" will be just that, a stopping place for the helicopter. Mr. Kerns advised there will be no refueling at this site. A windsock will be provided along with proper FAA markings. The area will be grassed. Attorney Saunders advised the approved plan calls for the lake to be carved out over a period of time. The plant and weigh station is not slated to be part of the excavation. He doubts if the location of the helistop interferes with the reclamation area. It was suggested that the helistop site plan be laid over top the gravel operation site plan to verify the location. Discussion continued.

Chairman Morris invited the public to comment. James R. Alexander, joint owner of the Alexander lands, advised the shooting facility is no longer in operation. The property is currently being used for the mining operation only. He estimates a quarter of what has been extracted from the site has been reclaimed. Weather has limited some of the reclamation, but they expect to start up again in the spring.

Rev. Freeman asked staff if the helistop is going to be grassed, will sediment control and stormwater be required. Mrs. Owings replied that if any regrading is necessary, a sediment control plan will be required.

John Massey, owner of property on Massey Road, asked if the helicopter would be using the site during hunting season. Mr. Kerns replied, yes. In their review with FAA, they were told this is a good site for the helistop. Mr. Alexander noted they will not allow the helistop to interfere with hunting.

Thomas Reese, Newtown Road, Skippack, PA,, advised he is the aviation manager for Skippack Aviation and noted the FAA is not concerned unless there is a waterfowl sanctuary.

Following review and discussion, Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals, recommending approval of a special exception to allow Skippack Aviation LLC to operate a helistop at the existing Kent Sand and Gravel operation, based on the following findings:

• The helistop will be limited to use by the owners of Kent Sand and Gravel with one helicopter used approximately 25 times per year during the hours of operation permitted for the gravel pit.
• There will be no refueling or maintenance of the helicopter on the site.
• The use of the helistop will not interfere with duck and goose hunting in the area.
• It will not have a negative impact on water quality or plant and animal habitat.
• The helistop pad will be grassed; a windsock will be installed; and site marked according to FAA regulations.
• The take-off and landing flight plan is a minimum of 1000 feet from any residence; and the existing residence is occupied by the Alexander Family. The take-off and land path of the aircraft has a minimum of 250 feet vertical clearance over the surrounding property.
• The helicopter landing on this site will maintain a flight operations log that should be open for inspection by the representative of Planning and Zoning.
• Approval will be for a period not to exceed five years.
• Noise, vibration and dust should be minimal.
• This proposal will require site plan review.
• The existing sediment control plan may need to be modified and completion of a standard stormwater management plan.

The motion was seconded and the vote unanimous.

#03-128 Eugenia R.B. Tubman - Major Subdivision; #03-129 - Road Waiver - Mr. Hickman informed the Board that he works on a neighboring property but he does not feel that will influence his review and decision on this subdivision.

Dr. Tubman wishes to create a 3.8 acre parcel from her 89.4 acre property located on Chesterville Bridge Road in the First Election District. The property is zoned “AZD”. Ms. Tubman is also requesting a road waiver to allow a private lane to serve both lots.

Dr. Tubman was present and sworn in with staff by Chairman Morris.

Mrs. Owings reviewed the staff report noting relevant issues and applicable law. The proposal meets the requirements of Article V, Section 1. of the Land Use Ordinance. The subdivision complies with the spirit and intent of the requirements since the existing woodland will not be disturbed. The proposal is consistent with the Comprehensive Plan. The purpose of the subdivision is to separate the existing office from the farm.

Article IX, Section 3 of the Land Use Ordinance authorizes the Planning Commission to grant waivers of the private road requirements so as to relieve extraordinary hardship or other injustices arising out of the strict application of these provisions, provided the proposal meets the established criteria. Waivers may only be granted by the affirmative vote of two-thirds of the members of the Planning Commission.

Mrs. Owings recommended approval of the road waiver and preliminary subdivision approval.

Correspondence has been received from Christopher Kent, President, Kent Family Farm, LLC. They do not oppose the subdivision or the granting of a road waiver as proposed.

Dr. Tubman was invited to comment. Dr. Tubman advised she plans to place her farm in a conservation easement separating the veterinary office and clinic from the remaining parcel. She does not plan to change the farm in any other way other than constructing a home. She has been approved for a mound system by the Health Department. Dr. Tubman wants to maintain the farm as it appears now without constructing in a public road. The Planning Commission reviewed the site plan and a discussion ensued.

Chairman Morris asked for comments from the audience. There were no public comments.

The Planning Commission asked if the Health Department has given their approval. After being sworn in Ed Birkmire, Director of Environmental Health, advised they have fully reviewed Dr. Tubman's proposal. One system is in place and a secondary system has been approved. The Health Department is prepared to sign the final plat.

Ms. Brown made a motion to grant preliminary and final subdivision approval for the creation of a 3.8 acre lot from the Dr. Tubman's 84 acre farm on Chesterville Bridge Road. The Planning Commission findings included the following:

• This subdivision will create two parcels - one 3.8 acres in size and the remainder being 84.423 acres.
• This proposal complies will all the requirements of the Land Use Ordinance.
• The subdivision is consistent with the general intent of the Comprehensive Plan.
• This proposal complies with the County Environmental Standards since the existing wood lot will not be disturbed.
• This subdivision encourages the development of farm based business since Dr. Tubman will operate a veterinarian clinic on the property.
• A road waiver is needed.
• A forest conservation plan must be submitted and approved.
• The demand placed on public infrastructure will be minimal.
• The Health Department has approved two mounds systems.
• The character of the neighborhood will remain the same after the subdivision.

The motion was seconded and the vote unanimous.

Mr. Hickman made a motion to grant a waiver of the private road requirements to allow a private road in the Tubman 2-lot major subdivision. The Planning Commission finds:

• There is presence of wetlands and a road waiver would be appropriate to protect the wetlands.
• The granting of a waiver will not cause a substantial detriment to adjacent or neighboring property.
• The waiver is consistent with the Comprehensive Plan.
• The unusual hardship or injustice is caused by:
• Unusual topography and existing wetlands in the wooded area.
• The deed and any contract of sale shall state, "The road is private and not the responsibility of Kent County."
• The plat should identify the private road and shall state, "The road is private and not the responsibility of Kent County."
• The construction will adhere to the sediment and stormwater regulations.
• The private road will serve only three parcels.
• The road maintenance agreement is amended to include the new property.
• The Planning Commission attorney must approve the revised maintenance agreement and proposed deed restrictions.

The motion was seconded and the vote unanimous.

#03-113 William Knight / Douglas O'Dell - Major Subdivision (Concept) - Mrs. Langenfelder excused herself from review and comment on this proposal because a member of her family is involved with this application.

Douglas O'Dell and his surveyor Michael A. Scott were present and sworn in with staff.

Ms. Martin reviewed the staff report noting the O'Dells request concept review for the creation of a 19-lot subdivision. This is a new section of the Montabello Hills/Fox Run Subdivision. The property is located on the west side of Coopers Lane in the Third Election District. The 97.225 acre parcel is zoned "RR."

Ms. Martin noted that in August 1986, Mervin Lapp divided three lots from the adjacent farm. In 1987, the Planning Commission approved Lots 4-11. Lots 1-11 all front along Montabello Lake Road and are 2-acres in size. Lots 12-33 were approved in 1991 and the average lot size is 0.9 acres with approximately 14.5 acres of open space.

Ms. Martin reviewed relevant issues and applicable law found in Article V, Section 4.5 of the Land Use Ordinance. All of the proposed lots meet the minimum requirements. The density proposed is 1 dwelling unit per 5-acres. The Health Department approved the perc sites in March 2003. Lot 44 does not have 75-feet of road frontage, but it exceeds the lot width requirement at the building restriction line, which is acceptable.

Ms. Martin noted environmental standards found in Article V, Section 4.7 of the Land Use Ordinance.

Ms. Martin addressed the design standards found in Article V, Section 3.8 of the Land Use Ordinance.

Chairman Morris invited Mr. O'Dell to comment. Mr. O'Dell advised he and his wife currently hold an option on Montabello Village LLC. They own adjacent land and have sold all those lots. They plan to continue the development of this property in accordance with county regulations. A buffer along Coopers Lane will be provided as well as adequate open space. The rural character of the area will be preserved. Mr. O'Dell further explained his development plans.

Surveyor Scott advised he has DMS begin analyzing the site for stormwater management. It appears the two ponds drawn on the plat may be able to hand the stormwater. He reviewed the concept plat with the Planning Commission. The existing ditch will have to be diverted for the road. Mr. Scott questioned calculations for open space. He noted the subdivision design is limited because of the perc situation.

Chairman Morris asked if the main entrance to the subdivision opposite Barrett Farm road is safe. Mr. O'Dell responded it would appear the fewer number of intersections on Coopers Lane would be advisable. They have not discussed the entrance with the Roads Department.

Ms. Brown asked for confirmation of the zoning of the Kliever farm. Is it zoned "RC" Rural Character?

Chairman Morris asked for public comments. Mervin Lapp, the original developer of this property, asked who will take care of the open space along Coopers Lane. He noted for several years he mowed the open space. Mrs. Owings advised the deed restrictions will need to address maintenance of the community open space. Mr. O'Dell assured the Board that it is in the covenants of the previous section and will be included in the proposed subdivision.

Chairman Morris referred to the staff report and issues that need to be addressed before coming back before the Planning Commission for preliminary review. Some of the items mentioned in the dialog between the applicant and Board were:

• Lots 40 and 41, and Lots 39 and 38 will access on the Subdivision Road and not Coopers Lane.
• A 5-foot right of way should be provided along Coopers Lane.
• Retain and expand the existing hedgerow along the Kliever property line.
• Confirm that the Kliever property is zoned "RC" Rural Character
• Continue with buffer between existing lots and along Coopers Lane.
• Pond and wetlands should not be included in the open space calculations
• Stormwater management will need to be addressed.
• Consider extending Homestead View Road to the next adjacent tract.
• The applicant's narrative was very helpful.

GENERAL DISCUSSION

Attorney Dan Saunders requested the Planning Commission make available copies of staff reports prior to the scheduled meetings. After a lengthy discussion, the Planning Commission agreed that staff should place the staff memorandum in the appropriate file but copies of the report should not be distributed to the applicant or public prior to the meeting. Applicants, their attorneys, and interested citizens may review the file and take notes but a hard copy is not given out prior to the meeting.

Expecting a full agenda for the February meeting, the Planning Commission discussed the possibility of beginning the meeting earlier than usual. The Board decided to begin the February meeting at 9:30 a.m., break for lunch and start reviewing applications again at 1:30 p.m.

Rev. Freeman asked who is responsible for cleaning out ditches along roads. Specific problems he knows of are on Lovers Lane and in Edesville. Ms. Brown said the Planning Commission previously suggested a letter be sent to State Highway and the County Roads Department to clean out ditches. Mrs. Owings advised it might be helpful to have Soil Conservation Service look at the drainage problems in Worton and Edesville. Discussion ensued.

RIGHT-TO-FARM LAW - DRAFT - Staff prepared a report suggesting changes to the "Right to Farm" adopted by the County Commissioners in September 1989. A copy of the law and proposed changes were discussed by the Planning Commission. Major changes between the two laws include:

• Addition of Right-to-Hunt clause
• Inclusion of noise as an "inherent effect" of agricultural operations
• Creation of an Agricultural Resolution Board to hear complaints
• Addition of real estate transfer disclosure statement, subdivision plat disclosure statement and right to farm notice to be sent biennially with tax bills.

After a lengthy discussion, the Planning Commission suggested:

• Add the word "pollen" to the text.
• Do not create an Agricultural Resolution Board
• Take the document back before the Agricultural Advisory Commission for more review and discussion. If the Ag Board does not wish to make any changes, then forward to the County Commissioners.
• Notify property owners of the "Right-to-Farm" law one time, possibly with their annual real estate tax bill, or when there is a property transfer.

STAFF REPORTS

Amy G. Moredock, Environmental Planner - Ms. Moredock gave a report on the Hazard Mitigation Grants, and criteria for receiving funding.

Carla A. Martin, Community Planner - Ms. Martin gave an update on the Scenic Byway Management Team and noted gateway signs will be placed at Georgetown, First District; Galena, Kennedyville, Chestertown, Edesville and Rock Hall.

Gail Webb Owings, Planning Director - No report.

G. Mitchell Mowell, Attorney - No report.

There being no further business, Chairman Morris adjourned the meeting at 5:35 p.m.

_____________________________________

Elizabeth H. Morris, Chairman

_____________________________________

Elizabeth E. Carroll, Secretary

Home | Business | Community | Government | Top

© Chesapeake Bay Internet Associates - 1996-2000: All Rights Reserved.