KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, May 6, 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; F. Joseph Hickman; G. Mitchell Mowell, Attorney; Gail Webb Owings, Planning Director; Carla Martin, Community Planner; Amy Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

APPLICATIONS FOR REVIEW

Herschell B. Claggett, Sr. - Agricultural Land Preservation District - Mr. Claggett wishes to create an Agricultural Land Preservation District on his 144.6 acre farm located on Rock Hall Road (Route 20), near Edesville. The farm consists of 102 acres of cropland, 10 acres of woodland and 30 acres for a pond and wetlands. Approximately 72% of the soils are considered Class II or III. There are no dwellings on the property, however Mr. Claggett plans to place a trailer on the farm prior to district establishment. The property is zoned "AZD" and "RCD". The farm is outside the 10-year water and sewer plan.

Mr. Claggett and Ms. Martin were sworn in by Chairman Morris.

The Agricultural Land Preservation Advisory Board, at a recent meeting, reviewed this application and voted to support the proposed Claggett District.

Ms. Martin reviewed applicable law found in the Code of Public Laws of Kent County which lists the criteria for establishing a district. The property exceeds the criteria for creating a district and complies with the goal of the Comprehensive Plan to preserve large blocks of contiguous prime agricultural land. Ms. Martin recommended approval.

Mr. Claggett was invited to comment. He advised he has purchased a small adjoining property, and prior to establishing a district, he wants to do an adjustment of lot lines adding more land to the small parcel. Mr. Claggett plans to construct a large pole building on the parcel. He also plans to place a hunting trailer on the farm. A discussion ensued between the Planning Commission and the applicant.

Chairman Morris asked for public comments. Ms. Andrea Jacquette asked how long Mr. Claggett plans to keep the farm in agricultural preservation. Mr. Claggett said he plans to keep this farm in a district for perpetuity. There was no correspondence received on this application.

Following review and discussion, Mr. Sutton made a motion to forward a favorable recommendation to the County Commissioners recommending they support the establishment of an Agricultural Land Preservation District for the Herschell Claggett 144.6 acre farm located on Rock Hall Road. This recommendation is based on the following findings by the Planning Commission:

The motion was seconded. Chairman Morris called for the vote. The motion carried by a majority vote of 5-1.

Langenfelder Family LP - Agricultural Land Preservation District - The Langenfeld Family wishes to create an Agricultural Land Preservation District on their 491 acre farm located on Still Pond Road, between Big Woods and Kennedyville, in the Second Election District. The farm consists of 325 acres of cropland and 75 acres of woodland. The property is zoned "AZD", and is outside the 10-year water and sewer plan.

Mrs. Patricia Langenfelder excused herself from voting on this application since she is one of the property owners of the Langenfeld Family LP. She was then sworn in with staff by Chairman Morris.

The Agricultural Land Preservation Advisory Board, at a recent meeting, reviewed this application and voted to support the proposed Langenfelder Family LP District.

Ms. Martin noted applicable law is the same as in the previous application. The property exceeds the criteria for creating a district and complies with the goal of the Comprehensive Plan to preserve large blocks of contiguous prime agricultural land. Ms. Martin recommended approval.

A letter was received from Edwina McDonald, D.R. McDonald & Sons, Inc., supporting the application to establish a district.

Mrs. Langenfelder informed the Board that the Langenfelder family wishes to preserve agricultural land in Kent County, therefore they are requesting approval to create a district for their 491 acre farm. This farm is owned by Conrad J. Langenfelder and Patricia Langenfelder. The Ag Preservation regulations allow for a one-acre building lot for each child, which will be three.

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

Ms. Brown made a motion to forward a favorable recommendation to the County Commissioners recommending they approve the establishment of an Agricultural Land Preservation District for the Langenfelder Family, Limited Partnership 491 acre farm located on Still Pond Road, based on the following findings by the Planning Commission:

The motion was seconded, and the vote unanimous.

Conrad J. & Patricia A. Langenfelder - Agricultural Land Preservation District - Conrad and Patricia Langenfelder wish to create an Agricultural Land Preservation District on their 56 acre farm located on Blacks Station Road, in the Second Election District. The farm consists of 56 acres of cropland and 100% of the soils are considered Class II or III. There are no dwellings on the property. The property is zoned "AZD", and is outside the 10-year water and sewer plan.

Mrs. Patricia Langenfelder excused herself from voting on this application since she is one of the property owners of the 56 acre farm.

The Agricultural Land Preservation Advisory Board, at a recent meeting, reviewed this application and voted to support the establishment of a district for the 56 acre Langenfelder farm.

Ms. Martin noted applicable law is the same as in the previous application. This farm is adjacent to a block of over 1250 acres of other district and easement properties. The property exceeds the criteria for creating a district and complies with the goals of the Comprehensive Plan to preserve large blocks of contiguous prime agricultural land. Ms. Martin recommended approval.

There were no public comments or correspondence received on this proposal.

After a brief discussion, Mr. Hickman made a motion to forward a favorable recommendation to the County Commissioners recommending they approve the establishment of an Agricultural Land Preservation District for the Conrad Langenfelder 56 acre farm located Blacks Station Road, based on the following findings by the Planning Commission:

The motion was seconded, and the vote unanimous.

Conrad J. & Patricia A. Langenfelder - Agricultural Land Preservation District - Mr. and Mrs. Langenfelder wish to create an Agricultural Land Preservation District for their 210.77 acre farm located on Augustine Herman Highway (Route 213) near Harmony Corner, in the Second Election District. The property is generally surrounded by farmland. The farm consists of 184 acres of cropland and 18 acres of woodland. Approximately 88% of the soils are considered Class II or III, and 8% qualifies as Woodland Group 2. There is one dwelling on the property. The farm is zoned "AZD" and is outside the 10-year water and sewer plan.

The Agricultural Land Preservation Advisory Board, at a recent meeting, reviewed this application and voted to support the establishment of a district for the 210.77 acre farm.

Ms. Martin noted applicable law is the same as in the previous applications. This farm is not adjacent to other protected lands. The property exceeds the criteria for creating a district and complies with the goals of the Comprehensive Plan to preserve large blocks of contiguous prime agricultural land. Ms. Martin recommended approval.

There were no public comments or correspondence received on this proposal.

Following a brief discussion, Mr. Sutton made a motion to forward a favorable recommendation to the County Commissioners recommending they approve the establishment of an Agricultural Land Preservation District for the Langenfelder 210.77 acre farm located on Augustine Herman Highway, based on the following findings:

The motion was seconded, and the vote unanimous.

Edwin & Marian Fry - Agricultural Land Preservation District - Mr. and Mrs. Fry wish to create an Agricultural Land Preservation District on their 164 acre farm located on Augustine Herman Highway (Route 213), in the Third Election District. All the soils are considered Class I, II or III. There are no dwellings on the property. The farm is zoned "AZD" and is outside the 10-year water and sewer plan.

Mr. Fry was present and sworn in with staff by Chairman Morris.

Ms. Martin reviewed the staff report noting the property is generally surrounded by farmland. This farm is a link between a MALPF easement and another MALPF district which creates a block of over 1200 acres of protected land. The Agricultural Advisory Commission identified this farm as one that is critical to the continuance of agriculture in Kent County.

Ms. Martin recommended approval of this agricultural district since the property exceeds the criteria for creating a district and complies with the goals of the Comprehensive Plan to preserve large blocks of contiguous prime agricultural land.

Chairman Morris invited Mr. Fry to speak. He informed the Planning Commission that they wish to place their 164 acre farm in an Agricultural Land Preservation District because they want to preserve agricultural land in Kent County. They are aware that they are permitted under the MALPF Program to create one 1.0 acre lot for each of their three children.

After a brief discussion, Mrs. Langenfelder made a motion to forward a favorable recommendation to the County Commissioners recommending they approve the establishment of an Agricultural Land Preservation District for the Fry's 164 acre farm located on Augustine Herman Highway. The recommendation is based on the following findings:

The motion was seconded, and the vote unanimous.

#03-36 Rock Hall Church of God - Site Plan (Concept) - The applicants wish to construct a 3500 square foot church on their 8.12 acre parcel located on Rock Hall Road (Route 20) in the Fifth Election District. The property is zoned "V" Village.

Rev. Freeman informed the Chairman that he may have a conflict in hearing this proposal, but he does not feel it will influence any action he would take. It was noted a concept site plan review does not require a vote by the Planning Commission.

Present on behalf of the church were Rev. Leon Powell, Barry Conner and Peter Bourne, engineer for the project, who were sworn in with staff by Chairman Morris.

Ms. Moredock reviewed the staff report noting applicable law found in the Land Use Ordinance. The proposal appears to meet these requirements, however property lines must be adjusted so parking is all on one parcel. The note on the plat concerning height needs to be corrected to reflect only church spires are exempt from height requirements.

Planning Staff and the Technical Advisory Committee reviewed this proposal and had the following comments:

Ms. Moredock recommended approval of the concept plan pending the completion and submission of issues noted by staff and the Technical Advisory Committee.

There has been no correspondence received in the office.

Chairman Morris invited the applicants to speak. Pastor Powell stated they wish to build a 3500 square foot church and be able to reach out to the community. Mr. Bourne reviewed the site plan with the Planning Commission. He requests two entrances one for each parcel (one for the church and one for the parsonage.) Mr. Bourne is working with State Highway. A discussion ensued regarding the entrances with the consensus being two parcels should remain with an entrance for each parcel. It was pointed out that the larger parcel is zoned Village with the possibility of further development. How will it be accessed?

The parking area was discussed along with stormwater management. Some board members feel a bio-retention basin as opposed to pond structures should be considered. Handicap parking needs to be identified closer to the entrance of the building.

A 10-foot pedestrian/bike easement needs to be provided.

There will not be a cemetery.

Applicants are working with Department of Water and Waste Water. Allocation is confirmed for church.

Applicants are aware detailed plans will need to be submitted for preliminary review.

Having heard the Planning Commission's comments, the applicants agreed to address them with their preliminary site plan submittal.

#03-117 The Worton Project / KRM Development Corporation - Site Plan - Chairman Morris noted she is an adjoining property owner, but that would not affect her review or decision with regards to this site plan

Robert Thompson, representative for KRM and Bruce Wright project engineer were present and sworn in with staff.

Mrs. Owings advised KRM Development Corporation is requesting preliminary and final approval for the site plan for Lot 2, for a 27,000 square foot flex space building on their 3.417 acre parcel on Commerce Road near Worton. The property is zoned "I" Industrial and is surrounded by other industrial properties.

In February 2002, the Planning Commission approved a two-lot subdivision. In December 2003 the Board granted preliminary site plan approval for a 27,000 square foot flex space building with specific conditions. Today the Planning Commission is considering the final site plan.

Mrs. Owings reviewed relevant issues and applicable law found in the Kent County Land Use Ordinance. Conditions outlined in December have been addressed. Staff recommends approval contingent on final approval of sediment control and stormwater management plans; and letters of credit for landscaping, sediment control, stormwater, and water and sewer plans.

No correspondence has been received regarding this final site plan, and there were no public comments.

Bruce Wright reviewed the site plan with the Board. The only outstanding issue was with regards to the stormwater easement. That has been approved by the County Commissioners. They are thereby requesting final approval.

Ms. Brown asked that the landscaping plan be adjusted to include three gallon shrubs rather than the small one gallon proposed.

Mr. Thompson showed color samples for the building along with elevations of the structure. Dumpsters will be in the rear of the building.

Following review and discussion, Ms. Brown made a motion to grant final site plan approval for Lot 2 of the KRM Development Corporation, contingent on approval of sediment control and stormwater management plans; and letters of credit for landscaping, sediment control, stormwater, and water and sewer plans; and the planting of a minimum three-gallon plants around the foundation. The Planning Commission made the following findings:

The motion was seconded and the vote unanimous.

#04-35 John Foreman - Resubdivision - Mr. Foreman is requesting approval to add one additional lot to his major subdivision on Bayshore Road in Fairlee. The .593 acre parcel, indicated as Lot 14 on the subdivision plat, is created in the area previously proposed for a public park. The property is zoned "V" Village and is served by public water and sewer.

Mr. Foreman was present and sworn in with staff by Chairman Morris.

Mrs. Owings reviewed the staff report noting the history of the property as well as addressing applicable law. Mrs. Owings noted that the lot meets the minimum lot size. She noted that the zoning regulations require a $250 fee be paid in lieu of open space. Mr. Foreman is creating a lot from the current open space, therefore a $250 fee is required. A 10-foot pedestrian walkway is included on the plat. Mrs. Owing recommended approval Lot 14, provided the open space fee is paid and deed restrictions are approved by Attorney Mowell. A standard stormwater management form has been completed. A discussion followed as to whether the fee in lieu of open space is required for just Lot 14 or the entire subdivision. Attorney Mowell is to research the requirements with regards to the open space fee.

There was no correspondence with regards to the creation of Lot 14, and there were no public comments expressed at the meeting. There were no comments expressed by the audience.

Mr. Foreman was invited to comment. He advised there has been no interest in a park ever since the subdivision was approved over ten years ago, and he is requesting approval to turn the designated open space into a building lot.

Attorney Mowell advised the deed restrictions are fine.

After some discussion, Ms. Brown made a motion to grant final subdivision approval for the John Foreman Major Subdivision adding Lot 14 to the subdivision on Bay Shore Road, contingent on Attorney Mowell resolving whether the fee in lieu of open space is required for just Lot 14 or the entire subdivision and advising Mr. Foreman and staff of his findings. This motion is based on the following findings:

The motion was seconded and the vote unanimous.

#03-44 Hunter's Run - Section B - Major Subdivision - Donald Reed is requesting final review of Section B of Hunters Run major subdivision for the creation of 21 lots. The property is located off Gregg Neck Road in the First Election District. Section B is zoned "RR" Rural Residential.

Donald Reed was present and sworn in with staff by Chairman Morris.

Ms. Martin reviewed the staff report noting in July 2002 the Planning Commission approved Section A of Hunter's Run creating 21-lots in "RR" District and one lot in the "RCD". Preliminary approval was granted by the Planning Commission at their June 2003 meeting, with specific recommendations.

Ms. Martin recommended approval of Section B based on the fact that:

Chairman Morris invited Mr. Reed to comment. Mr. Reed advised his plan is to continue with Section B as he has in Section A. The homes are an excellent quality and an enhancement to the area. Houses are in the range of $200,000 - $255,000. Weather conditions held up work on Section A. There had been some confusion about the location of the entrance, but that has been resolved after a tour of the site by County Roads Supervisor Ed Spray. He hopes to begin with infrastructure by mid summer even if Section A is not built out. Mr. Reed said he has begun to plant street trees.

Bruce Wright commented on the bio-retention in the stormwater management area and noted they have complied with Soil Conservation's requirements in the various sites. Discussion ensued.

Chairman Morris asked for public comments. Jeff Goddess, weekend resident of Gregg Neck, advised he has two issues of concern, specifically, afforestation - there has been no plantings to date; and stormwater management - there's been talk about it for two-years. He distributed photos of ponds. It was his understanding that these ponds would drain, but there remains standing water. There is concern about mosquitos. Mr. Goddess pointed out that the parcel was not posted making people aware of a hearing. He also questioned procedure for issuance of certificates of occupancy.

Don Gear, Shorewood Estates property owner, noting there continues to be silting problems in Swantown Creek. He is aware that work has been done to help with the restoration project and thanked those involved with the project. It has also been identified that there is stormwater runoff from gullies in the Teals Lake area and asked what can be done to help with correcting this problem. Hopefully owners of Teals Lake will help. Private contractors, individual property owners and State agencies have shown interest in correcting this problem and preserving the waterway.

Chairman Morris invited Nancy Metcalf and John Kling from the Soil Conservation District to speak. After being sworn in Ms. Metcalf noted she and Dave Wilson have visited the areas of concern and surveyed and designed some drop structures along the woods edge of the ravine. She acknowledged there is a significant erosion problem in the wooden area of the ravine. She has spoken with owners of Teels Lake and they are willing to listen to suggestions to try to alleviate the erosion in that area. The farmland is well maintained. Mr. Reed is willing worked with Soil Conservation Service. With regards to the ponds, Ms. Metcalf noted they are designed to have water in the bottom and there is suppose to be vegetation in the bottom for water quality benefit.

John Kling noted they are performing as they were designed to at this time. It was thought the soils would not be good enough to hold water. They were expected to be infiltrating but they had to be designed to hold water. Once the vegetation grows there will be a functioning wetland with less mosquitos. Discussion continued.

Following a lengthy review, Ms. Brown made a motion to grant final plat approval for Section B of the Hunter's Run Subdivision for the creation of 21 lots. The Planning Commission made the following findings:

The motion was seconded, followed by additional discussion. The motion carried by a unanimous vote.

Coming out of the Board's discussion during the motion, Mr. Reed agreed to work with Soil Conservation to establish a pilot project addressing the stormwater ponds.

#04-36 William and Sharon Kramer - Buffer Variance - The Kramers request variance to place a gazebo and two storage buildings within the 100-foot Critical Area Buffer. The .8609 acre parcel is located at Point Lane and the Chesapeake Bay, in Tolchester Estates, Sixth Election District. The property is zoned "CAR" and is located within the Buffer Modified Area.

The Kramers received fines for constructing a gazebo and two sheds within the 100-foot Critical Area Buffer. The fines have been paid and the applicants are seeking variances from the buffer regulations.

Mr. and Mrs. Kramer were present and sworn in with staff by Chairman Morris.

Ms. Moredock reviewed the staff report noting relevant issues and applicable law in the Kent County Land Use Ordinance. A variance of 312 square feet is needed for the gazebo from the buffer on the bay side of the parcel. Variances of 216 square feet and 476 square feet is needed for the sheds from the buffer on the tidal pond side of the parcel. The modified buffer language does not apply to the Kramers request as the structures are accessory and were constructed after1988 ( gazebo constructed in 2001; sheds constructed in 2003.)

Staff feels the accessory structures do not constitute an unwarranted hardship, nor would denial of the variance deny the Kramers of uses generally shared by neighboring property owners. This parcel is located within a Heritage Area DNR identified sensitive, threatened and endangered species habitat. Staff has contacted Heritage and is waiting their evaluation of the project. Ms. Moredock recommended denial of the variances.

Should the Planning Commission consider approval of the variances as requested by the Kramers, approval should be contingent upon: 1) mitigation of 3:1 for disturbance within the Buffer should be required consisting of a mix of native trees and shrubs; and 2) stormwater runoff from proposed structures should be directed to stable vegetation in the form of rain garden (bio-retention areas.)

Ms. Moredock read three letters regarding this application. The Critical Areas Commission in their letter of May 6, 2004, stated, "the applicants must demonstrate that, without the variance, they would be denied reasonable and significant use of the entire parcel or lot. The applicants appear to have reasonable use of the property, since they have an existing single-family dwelling. The application provides no information from which the Board could conclude that denial of this variance would deny the applicant rights commonly enjoyed by other properties in a LDA area. Thee are many properties in the Critical Area that are entirely within the 100-foot Buffer. The granting of this variance would confer upon the applicant a special privilege to allow development within the Buffer that would not be allowed on similar properties in the Critical Area. The request for a variance is due to the applicants' construction of structures prior to receiving building permits. . . . the variance is not in harmony with the general spirit and intent of the Critical Area law and regulations."

Helen Getz, an adjoining property on Point Lane, recommends approval of the variance in her letter. The Kramers have transformed their property into an attractive site, clearly an improvement from when they purchased the property. They are good neighbors and environmentally conscious.

William Tice, an adjoining property owner writes he has no objection to the granting of a variance for the Kramers. "The impact of the three structures has been minimal to the environment due to no foundation and no earth disturbance. The Kramers have created, through native plantings and proper land management, a wonderful ecologic and estuary property."

Chairman Morris invited the applicants to speak. Mrs. Kramer noted she and her husband are aware that their entire parcel is within the 100-foot Critical Area Buffer, and for that reason they have been very sensitive to the area and all construction has been done to protect the site and the environment. Mrs. Kramer further noted that they would have a hardship without the buildings. Mrs. Kramer requested the Planning Commission to recommend approval to the Board of Appeals as permitted under the Critical Area program. She noted that technically they have five lots which are divided by a road. It was noted the property has two front yards since it fronts on the Bay and a tidal pond.

They were not aware a building permit was required for the work since the buildings were delivered in tact and not placed on a permanent foundation. One of the buildings is used for boating equipment. Discussion followed regarding accessory structures.

Ms. Moredock noted the property is in a Modified Buffer Area, however Buffer Modified language applies to additions to dwelling but not accessory structures. Ms. Moredock expanded on the text and discussion continued.

Mr. Kramer noted that he does not feel they are requesting anything beyond what the other properties in the area have. Because of insects and mosquitos they are unable to sit outside thereby needing the screened gazebo. They feel to add an addition to the house and remove the sheds and gazebo would be more detrimental to the environment. The Kramers continued to argue their case.

There were no comments from the audience.

After a lengthy discussion, Ms. Brown made a motion to recommend the Board of Appeals deny the Kramer's variance to place the gazebo and two sheds within the 100-foot Critical Area Buffer, on their 0.8 acre parcel, in Tolchester Estates, based on the following findings:

The motion was seconded. The Planning Commission did note that should the Board of Appeals approve the Kramer's application, such approval should be contingent upon:

Chairman Morris called for a vote. The motion carried by a unanimous vote.

#04-17 Reed's Meadow / Churn Creek Land Associates - Major Subdivision - Joe Hickman advised he manages neighboring property but does not feel that would influence or affect his review or decision with regards to the subdivision.

Churn Creek Land Associates are requesting concept review for a 21-lot subdivision located on Smithville Road (Route 297), in Worton. The 10.7 acre parcel is zoned "V" Village.

Surveyor Michael Scott was present on behalf of his clients and sworn in with staff by the Chairman.

In 2003 Mr. Reed subdivided four lots from this parcel and adjusted lot lines for the existing residential lot. The applicants propose to pay fee in lieu of providing the required 2.1 acres of open space. Access to Lots 7 to 26 will be via a single 830 foot long cul-de-sac road entering off Smithville Road. Lot 6 will be on Smithville Road next to Lot 5. Lots sizes range from 0.278 acres to 0.498 acres.

Ms. Martin reviewed the staff report noting applicable law found in the Kent County Land Use Ordinance. All the proposed lots meet the minimum requirements. The applicants would like to pay into the open space fund in lieu of providing open space which will require a fee of $5,250 to be paid before final approval.

Staff noted, requiring the extension of the road to adjacent properties is unnecessary. The subdivision is located across from a farm field and abuts property in Butlertown which is comprised of existing residential lots. The applicants have submitted a narrative of the project. A Citizen Participation Plan should be completed. The applicants need to contact the Department of Water and Waste Water regarding water or sewer allocation for the additional lots proposed. Ms. Martin noted staff has just received a new copy of the plat with forest stand delineation.

There have been no written comments from the neighbors.

Mr. Scott reviewed the concept plan with the Planning Commission. Stormwater management will be submitted at preliminary review. There are some large trees on the site which will be preserved and shown on the plan. Existing trees will be deed restricted. Houses are expected to be in the range of $110,000 to $150,000.

The Planning Commission asked for a landscape plan or something to do with the stormwater management. Will there be a pond or a bio-retention area. Lot 1 is deed restricted with the stormwater management pond. Lot 26 should be further landscaped to buffer Lots 2 and 3. A 10-foot easement must be shown on preliminary plat.

Mr. Scott heard further comments from the Planning Commission which will be incorporated in the preliminary plat and submitted for consideration.

GENERAL DISCUSSION

Chairman Morris read a letter from Constance Berg, secretary for the Georgetown Association, requesting an amendment to the Land Use Ordinance. Mrs. Berg wants to assure the protection of our environment and preserve property values and is thereby requesting the Planning Commission propose a text amendment to the Critical Area Residential District incorporating the following:

A private pier may not be rented or used separately from the dwelling.

All boats docked at a private pier must be operable and have current registration in the name of the

property owner or occupant. A visiting boat may use a private pier in a casual or intermittent manner provided:

There is no compensation

Occupant of the dwelling is in residence

Sanitary facilities are provided and approved by the Health Department.

Mrs. Berg explained why she feels a text amendment is needed. A discussion ensued as to enforcement of such text.

Staff noted a property owner may introduce an amendment, as may the Planning Commission and County Commissioners. Mrs. Owings noted staff has several Critical Area amendments to prepare and if the Commission so wishes, staff could prepare text relating to Mrs. Berg's request.

Mr. Donald Reed said he concurs with what Mrs. Berg has said. There really is a problem that needs to be addressed.

STAFF REPORTS

Carla A. Martin, Community Planner - Ms. Martin noted $1.7 million of Federal Farm Protection Money is suppose to be directed strictly to the Eastern Shore and the Delmarva Conservation Corridor.

Gail Webb Owings, Planning Director - The Maryland General Assembly has passed two bills which the County will be addressing. Text amendments will be prepared for tightening up the Critical Area variance laws in response to a court case Lewis vs North. Another text change will be the definition of "guest house". The law is to become effective June 1. Staff will have amendments for review by the Planning Commission at the June meeting.

Maryland counties have received authority for the use of an excise tax for education. It is similar to an impact fee. The county needs to consider if they wish to apply the tax on each new lot created. After a brief review, the Planning Commission recommended sending a letter to the County Commissioners recommending they consider an excise tax.

Maryland Home Builders, for the past three years, have put in a bill to require in the Comprehensive Plan a development capacity review.

The Comprehensive Plan Subcommittee met and selected the date of June 22, 2004 for a public workshop. The draft agenda was discussed. The Planning Commission suggested additional names for the work group. The previous 1996 work group will be sent notices of the meeting as well as advertising in the newspaper.

Discussion continued.

The Planning Commission discussed other general issues.

There being no further business, the meeting adjourned at 6:40 p.m.

____________________________________

Elizabeth H. Morris, Chairman

____________________________________

Elizabeth E. Carroll, Secretary

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