Commission Minutes

The Kent County Planning Commission met in regular session on Thursday, April 1, 2004, in the County Commissioners Hearing Room at 400 High Street, Chestertown, Maryland, with the following members in attendance: Elizabeth H. Morris, Chairman; William S. Sutton, Vice-Chairman; Marcy Brown; Pat Langenfelder; Jay Lancaster; F. Joseph Hickman; G. Mitchell Mowell, Attorney; Gail Webb Owings, Planning Director; Carla Martin, Community Planner; Amy Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

MINUTES - The minutes of the March 4, 2004 meeting were approved as written.

DRAFT - RIGHT TO FARM LAW - Ms. Martin informed the Planning Commission that the Agricultural Advisory Commission once again reviewed the text for the Right to Farm Law taking into consideration the suggestions made by the Planning Commission. After additional review, the Agricultural Advisory Commission made the following changes:

-Remove the right to hunt clause and prepare a separate right to hunt law.
-Add the Maryland Cooperative Extension to Section 1.B and pollen as an inherent effect.
-Add a step between the investigation of a complaint and hearing by the Resolution Board to allow the person making the complaint a chance to review the report and withdraw the complaint.
-Remove the biennial notification of all property owners. The right to farm notice will be sent once following the adoption of the law. Also, the Ag Commission would like to require recordation of the real estate transfer disclosure.

Ms. Martin advised she had the County Attorney Susie Hayman review the second draft of the Right to Farm Law and her only suggestion was to move the "inherent effects" into the "Limitation of Actions" section.

Discussion continued regarding the proposed text specifically considering the "Resolution" section and if there is a need to establish a Kent County Agricultural Resolution Board.

After further discussion, Mr. Sutton made a motion to forward a favorable recommendation to the County Commissioners supporting the proposed Right-to-Farm Law, suggesting the Resolution Board be made up from an existing board or a combination of existing boards of people who are familiar and active in the agricultural industry. The motion was seconded. Chairman Morris called for a vote. The motion carried by an unanimous vote.

#04-21 Rhesa Antone - Special Exception (Gravel Pit renewal) - Mr. Antone requested renewal of a special exception to operate a 4.3 acre sand and gravel pit on his 58.5 acre parcel located on Sassafras Caldwell Road, in the First Election District. The pit is not being expanded or changed in any way. The property is zoned "AZD" Agricultural Zoning District. The surrounding area is generally farmland.

Ms. Martin noted Mr. Antone was granted approval to operate his gravel pit in May 2001. That approval was conditioned upon:

All necessary permits must be obtained
The surface of the private driveway leading to the pit must be improved and maintained for the lifetime of pit operation;
Reclamation plan shall require the site be restored to prime agricultural land; and
Conditional approval is approved for three years.

Ms. Martin reviewed her staff report noting applicable law and relevant issues. The Comprehensive Plan on page 26 states, "Create a management plan for the mineral resources of Kent County." Article VII, Section 7.52 of the Land Use Ordinance sets forth criteria for approval of sand and gravel pits.

Staff feels the gravel pit will have a minimal impact on the surrounding area and will not disrupt existing traffic patterns. There should be minimal impact on fish, wildlife and plant habitat or water quality.

The driveway is maintained for the lifetime of the operation of the pit; and
The reclamation plan requires the site be restored to prime agricultural land.

Chairman Morris asked if there is a record of any complaints about the management of the gravel pit. Staff was not aware of any complaints.

Mr. Antone was asked to comment. He replied he plans to continue abstracting gravel from the ground for the local area. Mr. Antone reviewed the site plan and map with the Planning Commission pointing out the overall gravel pit and properties in the area. Mr. Antone noted he will continue to use the same area. The only reason he is before the Board today is because his Board of Appeals approval was for three-years and he must renew his approval. The surrounding area has not changed. He feels his project has had no negative effect on water quality or the environment. Discussion continued between Mr. Antone and the Board.

Chairman Morris invited the public to comment. Donald Othoson, Galena, Maryland, as if this is a renewal of an existing permit or is it a new permit. Chairman Morris replied Mr. Antone is requesting renewal of a permit that was granted three-years ago for his 4.3 acre gravel pit. Mr. Othoson referred to the location of the site plan which appears to be in a different location. The matter was cleared up and Mr. Othoson said he had no objection.

Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals recommending approval of Mr. Antone's special exception to continue operation of a 4.3 acre gravel pit on his 58.5 acre parcel on Sassafras-Caldwell Road. The Planning Commission finds that:

-The gravel pit is the same pit, in the same location for which approval was granted by the Board of Appeals in May 2001.
-There has been no change in the neighborhood.
-The gravel pit will continue to have a minimal impact on the surrounding area
-It will not disrupt existing travel patterns.
-There is minimal impact on fish, wildlife, plant habitat and water quality.

-The driveway be maintained for the lifetime and operation of the pit.
-The reclamation plan require the site to be restored to primary agricultural land.

-The Board of Appeals consider the proposed hours of operation and determine if the hours of operation from 7 am to 6 pm six days a week is appropriate.
-The special exception is for a period not to exceed five-years.

#04-23 Brian J. & Anne S. O'Connor - Buffer Variance - Brian and Anne O'Connor request a variance to construct a single family dwelling within the 100-foot Critical Area Buffer. The .616 acre parcel is located on Gray's Inn Road in the Fifth Election District. The parcel is zoned "CAR" Critical Area Residential. This parcel is located along a small tidal stream which is a tributary of Grays Inn Creek. The stream includes substantial tidal wetlands and the buffer is set from the edge of the wetlands.

Surveyor Bill Crowding was present on behalf of his clients, Brian and Anne O'Connor, and was sworn in with staff by Chairman Morris.

Ms. Moredock reviewed the staff report. Applicable law is found in Article V, Section 5 of the Land Use Ordinance, which sets forth the minimum yard requirements for the "CAR" District. A buffer variance of 60-feet is needed for the proposed 2500 square foot dwelling with a deck and porch. The parcel is located almost entirely within the 100-foot Critical Area Buffer. Article IX, Section 2.2 of the Ordinance authorizes the Board of Appeals to grant variances, provided specific criteria is met.

The County's Comprehensive Plan states on page 27, "Maintain, enforce and if necessary, strengthen regulations for floodplains and buffers." Page 25 of the Plan states, "Retain and expand riparian forest and large forest areas."

After reading the staff report, Ms. Moredock recommended approval of the buffer variance, provided:

-The applicants minimize tree removal in an effort to minimize disturbance of forest interior dwelling birds;
-Six inches of pea gravel is placed beneath the proposed deck; and
-A water quality mitigation plan is provided by the applicants when applying for a building permit.

Chairman Morris asked if staff has received any correspondence on this proposal. Ms. Moredock read a letter from Elwood P. Blanchard, Jr., an adjoining property owner. Mr. Blanchard believes the critical area buffer is a very important factor in restoring and preserving the water quality of the Chesapeake Bay. He has taken measures to protect and preserve his property and Grays Inn Creek. Approving a variance disturbing the 100-foot critical area buffer would be detrimental to the Creek. He also believes this is not a buildable lot.

Chairman Morris invited Mr. Crowding to comment. Mr. Crowding reviewed the map and site plan with the Board. A lot line adjustment was recently completed combining two lots to create the building site. The dwelling will be 28 by 48 feet with a front porch and deck with six inches of pea gravel below the deck. The O'Connors are discussing whether the house will be one or two stories. Mr. Crowding noted this is a minimal flooding area.

The Planning Commission and staff reviewed the proposal and after some discussion, Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals based on the following findings:

-The lot is served by public sewer.
-There will be no substantial detriment to neighboring properties nor will it change the character of the neighborhood.
-The variance is consistent with the Comprehensive Plan and general intent of the Land Use Ordinance, and the Critical Area Law.
-The practical difficulty is caused by the fact that the entire parcel is within the 100-foot Critical Area Buffer.
-Denying the variance would cause an unwarranted hardship to the applicants.

-Tree removal is minimized to reduce impact on forest interior dwelling birds.
-The site plan be modified to keep the deck out of the 25-foot non-tidal buffer. The buffer should be staked during construction.
-Pea gravel of 6 to 12 inches must be placed beneath the deck.
-A mitigation plan must be submitted when applying for a building permit in order to offset potential adverse water quality impacts from the proposed impervious surface.

Amy G. Moredock, Environmental Planner - Ms. Moredock gave a report on the recent Septic Forum. A discussion ensured. Ms. Moredock also reported on the Upper WRAS project.

A discussion ensued regarding individual lots within the county and how to establish whether or not a lot is buildable.

The Board discussed whether a gravel pit can be reclaimed to "prime agricultural land" when it may have not been prime ag land to begin with. More review is needed.

The Planning Commission will meet again Tuesday April 13 regarding the Comprehensive Plan.

The Eastern Shore Heritage, Inc. will be conducting a workshop Monday May 3 at Chesapeake College. Planning Commission members are invited to attend with staff.

KENT COUNTY, MARYLANDPLANNING AND ZONING

KENT COUNTY, MARYLAND
PLANNING AND ZONING