KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, November 3, 2005, in the County Commissioners' Hearing Room at 400 High Street, Chestertown, Maryland, with the following members in attendance: Elizabeth Morris, Chairman; Bill Sutton; Patricia Langenfelder; Marcy Brown; Rev. Ruben Freeman; Jay Lancaster; F. Joseph Hickman; G. Mitchell Mowell, Attorney; Gail W. Owings, Planning Director; Carla Martin, Community Planner; Amy Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

APPLICATIONS FOR REVIEW

#02-140 Millington Food Lion - Extension of Final Site Plan Approval - Food Lion is requesting an extension of their final site plan approval for the Millington Food Lion, which would otherwise expired on November 6, 2005.

Vincent T. Watkins, Watkins Group, was present on behalf of Food Lion.

Final site plan approval was granted November 6, 2003. An extension of that approval was granted by the Planning Commission on October 7, 2004.

Article VI, Section 5.2.6 of the Land Use Ordinance states that major and minor site plans shall expire after 12 months unless otherwise extended. When an applicant can show that a project is in the process of obtaining permits from a state, local, or federal agency, and that these permits have been pursued diligently, the Planning Commission shall grant a 12-month extension. A site plan may receive more than one extension.

Mrs. Owings recommended approval of an extension. The delay of this project is not the result of the applicants’ actions rather due to the timing of the construction of the Millington Water System.

Mr. Watkins informed the Board that Food Lion hopes to get started soon. The water tower is complete and the lines just about in place. It is hoped the water system will be in operation by January 2006, and then Food Lion can begin construction. Mr. Watkins advised there has been a 35% increase in construction cost since receiving approval. Store opening is expected September or October 2006.

There were no comments from the audience.

Mr. Sutton made a motion to grant a one year extension to the final site plan approval of the Millington Food Lion which would otherwise expire on November 6, 2005. The motion was seconded and the vote unanimous.

#05-130 Nelson Clayton III & Judith Hogan / Arthur Needham - Site plan Review - Mushroom Farm Production Facility (Concept) - Arthur Needham is requesting concept site plan review for a mushroom farm production facility on a 314.08 acre farm located on Galena Road in Massey. The property is owned by Nelson Clayton and Judith Hogan. The zoning for this farm is “AZD” Agricultural Zoning District and “I” Industrial.

Arthur Needham, West Grove, Pennsylvania, was present and sworn in with staff by Chairman Morris.

Ms. Martin explained the proposal consists of a substrate preparation area in the Industrial District and growing rooms in the Agricultural Zoning District. The substrate preparation area exceeds the size limits for an agricultural processing operation and is being considered an industrial operation that must comply with the standards found in the Industrial District. Although the growing rooms are a permitted use, the entire operation is being considered as a single facility for the purposes of site plan review.

Ms. Martin addressed relevant issues noting applicable sections of the Land Use Ordinance, specifically Article V, Sections 1.5 and 15.5 which establishes setback requirements. The applicants are proposing a 300 ft plus setback from Route 313 for the growing rooms and 130 ft plus setback from Route 313 for the substrate preparation area. The substrate preparation area will be approximately 100 ft from the closest property line. The proposal exceeds all required setbacks.

Ms. Martin read the requirements for performance standards, environmental standards, stormwater and sediment control and design standards as addressed in Article V, Section 15.7 through 15.9 of the Ordinance.

No correspondence has been received in the office regarding this project however there have been a few phone calls from adjacent property owners asking questions.

Chairman Morris invited Mr. Needham to speak on his proposal. Mr. Needham presented the Board with a booklet further explaining the project. Mr. Needham advised he is the third generation mushroom grower who loves the business and wants to expand. He wants to move to Kent County because they have lost the agricultural community in southern Chester County, Pennsylvania because of residential development pressure. One reason to move is that most of the products they use to make the substrate for mushroom growing comes from Kent County - straw, chicken litter, corn cobs.

The booklet shows a photo of a horizontal silo/bunker, the newest innovation in mushroom growing. Mr. Needham explained its operation noting all the substrate preparation can be done inside the structure. The product is provided to farmers to spread on their farms. There is limited stockpiling.

It is about an eight week process from substrate to mature Portobello mushroom with mushrooms doubling in size every 24 hours. They are a contract grower for a large operation in Kennett Square sending out their product in bulk. Mr. Needham explained at length the operation process and the use of the different buildings.

Mr. Needham said they plan to keep the remaining land in crop, mulch hay or something that can be used in the mushroom operation. At this point they have not calculated how much land is needed for their facility.

There is an existing home on the farm which will be occupied by the owners or employees. Other employee housing is proposed. They currently employee 25 people at the composting site. They employee 30 to 40 migrant workers for the harvesting. On-site housing is proposed at the Massey site. Discussion continued.

Truck traffic will include local farm trucks, dump trucks hauling substrate back and forth to Kennett Square, and hauling mushrooms to other sites. It is estimated 10 to 15 trucks and possibly more, will travel on and off the site daily. These trucks will not go through the intersection of Massey. There was further discussion regarding traffic.

Chairman Morris invited the public to comment. Mr. John Hoagland asked to see the site plan and how traffic will travel through the site.

Mr. James McCray, Massey resident, advised he is concerned about odors and prevailing winds which his home would be down from. Currently there are periodic odors from chickens and cows and this substrate operation will just increase the odor. It is very humid in the summer which will only intensify the odor.

Fallon Dillon asked if odors will be year-round. She asked about housing for employees. Mr. Needham replied the employee housing will be double-wide homes or modular homes. Ms. Dillon asked if the operation will be screened.

With concerns expressed by residents, Mr. Needham informed the public that he would be glad to have Massey residents visit their facility in Kennett Square.

Elizabeth Beck, a Massey resident and adjoining property owner, said there currently is an odor problem and they have experienced a problem with flies. The Needhams want to move here because they are being pushed out by residential development, however Massey is an established community and were here first.

She is not opposed to growth, however she is concerned about increased truck traffic. She asked how Mr. Needham plans to control traffic flow. What are the hours of operation? What benefits are offered to the migrant laborers? Ms. Beck said she would like to visit the operation in Kennett Square.

Lindsey Donovan, resident of Massey, asked about the sediment waste pond - will it be aerated? Mr. Needham replied it will be aerated, monitored and tested periodically. Traffic is another concern of Mr. Donovan's.

John Hoagland said it was not clear the total number of trucks used in the daily operation of the facility, or the traffic pattern. Mr. Needham said he is not sure of the number of trucks at this point. Trucks should be using Route 301.

Barbie Needham, advised they are the third generation mushroom growers and a fourth generation is coming up. There is no available land for expansion in Kennett Square and for that reason want to move to Kent County. They are not being forced to move because of odor or any violations. She encouraged Massey residents to visit their Kennett Square facility. They take pride in their operation. They plan to live in the area whether on the farm or in the general area.

Craig O'Donnell, advised the Needhams of a Victorian farm house on the Johnson Farm, north of Massey, that needs to be moved. If not moved it will be torn down.

Mayor Dennis Hager advised the Millington town manager was previously the town manager in Kennett Square, and you may want to talk to him about the mushroom industry.

Replying to some questions by the Board, Mr. Needham advised: 1) he plans to pave the roadway for his facility to keep down dust; 2) the existing farm house will not be torn down; 3) the facilities at Kenneth Square are available for tour (office # is 610-869-9735); 4) he is willing to amend his plan to avoid the blue line stream; he will comply with all requirement of the ordinance; 5) they will be applying the most recent technology in the mushroom industry; adjoining farms producing corn, soybeans or wheat, would not be negatively affected by the mushroom operation; 6) no restricted pesticides are used - growing rooms are foamed to keep flies out; 7) the compost facility has a heat station which kills fly larvae.

Mr. Hickman noted that a name came up in discussion that he does business with a farmer and receive mushroom soil on a farm, but that does in no way affect his view or any recommendation of this proposal.

Having heard comments from the audience and from the Planning Commission, Chairman Morris encouraged Mr. Needham to address them before coming back to the Board with his preliminary site plan. Chairman Morris noted further that the Board would like them to consider additional landscaping to screen the facility from the houses in Massey and minimize the impact of the stream protection corridor. She encouraged Mr. Needham to invite the residents to visit the Kennett Square operation.

KENT COUNTY COMPREHENSIVE PLAN

OTHER MEETING DATES

Friday, Nov 18, 9 am - 3:30 pm Eastern Shore Land Conservancy, Seventh Annual Land Use Planning Conference at the Tidewater Inn.

Thursday, November 10, 7 pm - Citizen Planners Meeting in the Kent County Commissioners' Hearing Room.

Thursday, Nov 17, 7 pm - Public meeting on the "Open Meetings Law & Public Information Meetings Act"

MILLINGTON COMPREHENSIVE PLAN (Draft) - Mayor Dennis Hager was present. The Planning Commission and staff reviewed the Millington draft plan. Some of the comments included the following comments:

• Plan needs to include the Heritage Area language.
• Rewrite statement regarding development on Route 301
• Floodplain, Page 34 - add strategies about mitigation for hazards such as tank anchoring
• Add statement consider county services that are provided such as schools, sheriff's department when they are looking at annexation
• Comments good with regards to preserve the character of the town
• History section interesting
• Page 21, reword "require reputation that Millington is a town not to be messed with"
• Like the way the plan talks about enhancing area by the water - fishing, boating, etc.
• Land use maps embrace considerable growth
• All share in the pollution of the streams, not just agriculture. That should be so noted.
• Sewer plan is new.
• Upper Chester WRAS should be identified in plan
• Historic area overlay proposed for Cypress Street and parts of Sassafras Street

Staff will forward the draft plan to other county agencies for their comments.

STAFF REPORTS

Amy G. Moredock, Environmental Planner - Ms. Moredock advised the Upper Chester River Water Restoration Action Strategy has completed its review and goals have been identified. A draft is in the works.

There being no further business, Chairman Morris adjourned the meeting at 3:30 p.m. The next regular meeting of the Planning Commission will be held December 1, 2005.

______________________________________

Elizabeth H. Morris

______________________________________

Elizabeth Carroll, Secretary

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