The Kent County Planning Commission met in regular session
on Thursday, March 3, 2005, in the County Commissioners= Hearing Room at 400 High Street, Chestertown, Maryland,
with the following members in attendance: Elizabeth Morris, Chairman;
William Sutton; Rev. Ruben Freeman; Jay Lancaster; F. Joseph Hickman;
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 February 3, 2005 meeting
were approved after noting a few typographical errors.
APPLICATIONS FOR REVIEW
#04-151 County Commissioners of Kent County / Dept of
Water & Waste Water - Special Exception
New Waste Water Treatment Facility, Kennedyville
Road, Second Election District
The existing lagoons used for wastewater treatment in Kennedyville
are leaking and need to be abandoned.
The County is building a new mechanical treatment plant
to replace the old facility. The
new plant consists of a 62 by 32 foot building that will be approximately
22 feet high and a 10 by 20 foot screen building approximately
10 feet high. The 15.7 acre property is located on Kennedyville Road in the Second Election District and is zoned
AAZD@ Agricultural Zoning District.
Wayne Morris, Director, Kent County Department of Water
and Waste Water and Barry Ebersol, Project
Engineer from McCrone, Inc. were present
and sworn in by Chairman Morris.
Ms. Martin reviewed the staff report noting relevant
issues and applicable law found in Article VII of the Land Use
Ordinance. Ms. Martin recommended a favorable recommendation
to the Board of Zoning Appeals with the condition that the County
receive site plan approval to address outstanding issues concerning
forest conservation, design details for the building and landscaping.
Chairman Morris invited the applicants to speak. Mr. Morris advised two existing leaking lagoons
will be replaced with a new mechanical treatment plant adjacent
to the existing lagoons. Additional property is being purchased
to provide space needed for the treatment plant.
The proposal will comply with all required regulations. They currently are operating under a consent
order from Maryland Department of the Environment. The new facility must be in operation by January
2007. The new facility
is based on a feasibility study and will be able to accommodate
growth in the area. If needed there is room on the site for expansion
of the system.
Mr. Morris and Mr. Ebersol
noted there are several possible options to dispose of these existing
lagoons however no decision has been made as yet.
They are currently in discussion with Maryland Department
of the Environment. The applicants reviewed the site plan with
the Planning Commission. The
site will be landscaped and fenced.
There were no public comments. No correspondence has been received from residents
in the area.
After some discussion, Mr. Hickman made a motion to forward
a favorable recommendation to the Board of Appeals recommending
approval of the Kent County Department of Water and Waste Water
special exception to construct a new mechanical waste water treatment
plan for the Kennedyville area, based on the following findings:
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The site for
the proposed structure is applicable
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Shall not
affect existing traffic patterns
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Compatible
with the natural surroundings
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Will not impact
dwellings within 700 feet
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Will provide
facilities for the current community and potential development
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Will not affect
any cultural and historic landmarks or significant natural features
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Will not have
any adverse effect on noise, vibration, smoke and particulate
matter upon surrounding properties
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The project
will allow for positive conservation of property values in Kennedyville
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The project
will be a positive impact on water quality, fish, wildlife and
plant habitat
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The proposal
is consistent with the Comprehensive Plan, Land Use Ordinance
This recommendation is contingent upon:
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Receiving
site plan approval
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Addressing
Forest Conservation and Landscaping
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Need design
details for the building.
The
motion was seconded, and the vote unanimous.
#05-07 Alden Yetman
- Variance of Stream Protection Buffer - Worton
-Lynch Road, Third Election District - Mr. Yetman is requesting
a variance to construct an 80 square foot shed within the Stream
Protection Corridor. The
blue line stream that runs along the west side of the parcel is
a relocated road ditch. The .341 acre is located on Worton-Lynch Road in the Third Election District. The property is zoned AV@ Village.
Mr. Yetman was present and
sworn in with staff by Chairman Morris.
Ms. Moredock advised a variance
was granted to construct a 960 square foot single family dwelling
within the Stream Protection Corridor in March 2004, conditioned
upon:
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Any dwelling
construction be limited to 960 square feet of the footprint
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No encroachment
in the State easement right-of-way
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No fill dirt
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The drains
for stormwater runoff be consistent with the testimony and exhibits
before the Board, specifically Arain runoff
from the new impervious surface be directed by spout into a runoff
dry well and any driveway constructed will have a fill trench
on the stream side that will catch runoff from the driveway, and
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There be a
ditch along the driveway and any driveway constructed shall be
pervious.
Ms. Moredock reviewed relevant
issues and applicable law found in Article V, Section 7 of the
Land Use Ordinance. Article IX, Section 2 sets forth criteria
for granting a variance. Staff
finds the variance may cause a substantial detriment to neighboring
properties and therefore provisions to divert runoff generated
by additional impervious surface should be addressed.
The variance will not change the character of the district.
The Stream Protection Corridor variance is needed as the
entire property is located within the corridor.
The size of the proposed storage shed is modest and such
storage sheds are common to other neighboring properties within
the area. The Comprehensive
Plan encourages the maintenance of buffers.
Ms. Moredock recommended approval
of the Stream Protection Corridor variance contingent upon the
following: rain runoff from the new impervious surface will be
directed by spout into a runoff dry well and there be mitigation
of 3:1 in the form of native wood vegetation for disturbance within
the Stream Protection Corridor.
Chairman Morris invited Mr. Yetman
to comment. Mr. Yetman
said staff=s report covered everything. He reminded the Board that he just wants to
place a small storage shed on the property for storage of a lawnmower. The building will not be put on a permanent
foundation.
Question was raised about the dry wells. Ms. Moredock noted
the stormwater runoff is currently under
review by the Soil Conservation Service and whatever method is
decided upon for the house will apply to the storage shed.
Mr. Yetman noted the driveway will be gravel over some filter
cloth. Discussion ensued.
Previously the Planning Commission recommended denial
of a variance to construct a dwelling on this lot feeling the
lot was not suitable for construction. Since the Board of Appeals
granted a variance, the Planning Commission had concern as to
whether they could not recommend approval of the variance application
before them today. Attorney
Mowell noted the Board of Appeals ruled
this site as a buildable lot, so the
issue before the Planning Commission is a variance for a storage
shed.
There were no comments from the public.
Following review and discussion, Rev. Freeman made a
motion to forward a favorable recommendation to the Board of Appeals
recommending approval of the variance request to construct an
80-square foot shed within the Stream Protection Corridor on the
lands of Alden Yetman. This decision
is based on the following findings of fact:
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This proposal
is in-fill development
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The variance
is consistent with the Comprehensive Plan and intent of the Land
Use Ordinance
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The variance
will not change the character of the neighborhood
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The granting
of a variance is in harmony with the general spirit and intent
of the Critical Area regulations
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There may
be a substantial detriment to neighboring properties due to an
increase in impervious surface and runoff into the ditch, increasing
an existing drainage problem
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The Stream
Protection Corridor is located on the entire parcel creating a
hardship or injustice
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A variance
was granted in March 2004 to construct a dwelling with conditions.
If the Board of Appeals approves the Stream Protection
Corridor variance, the approval shall be contingent upon:
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Rain runoff
from the new impervious surface be directed by spout into a runoff
dry well
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Mitigation
of 3:1 in the form of native, woody vegetation for disturbance
within the Stream Protection Corridor; and
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The storage
shed shall be anchored.
The
motion was seconded. Chairman Morris called for the vote. The motion carried by an
unanimous vote.
#04-127 Cacaway Farm Coop Housing / Katy Maisel
- Special Exception - Cacaway Farm Lane,
Seventh Election District - Katy Maisel is requesting
a special exception to construct an accessory structure of 2,432
square foot garage of which 1,216 square foot of living space
is on the second floor. The
1.8 acre parcel is located on Cacaway
Farm Lane in the Seventh Election District, and is zoned ARCD@ Resource Conservation District.
Ms. Maisel was present and
sworn in with staff by Chairman Morris.
Ms. Moredock reviewed the staff
report noting relevant issues and applicable law found in Article
V, Section 2 of the Land Use Ordinance, and Article VII of the
ordinance which addresses the requirements for granting a special
exception. A special exception is required to construct
an accessory structure with a floor area of 2432, with a structure
over 17 feet in height. Guest
quarters are a permitted accessory use in the RCD District but
subject to all requirements of the Land Use Ordinance.
Ms. Moredock recommended approval of the special exceptions contingent
upon:
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Mitigation
for disturbance of natural features;
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Water quality
improvements onsite - this mitigation may take the form of native,
woody vegetation and may satisfy both water quality improvements
and disturbance of natural features; and
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Conformance
to accessory dwelling unit requirements, setbacks, and height
requirements.
There was no correspondence received in reference to
this application.
Chairman Morris invited Ms. Maisel
to speak. Ms. Maisel
noted the living area on the second floor has been reduced to
under 900 square feet. The
garage will be on the first floor.
Ms. Maisel worked with an architect
on the plans.
Mr. Sutton asked Ms. Maisel
about the septic for this building.
Ms. Maisel said she plans to run the septic line to the garage
from down the lane. Currently
there is a dwelling with two decks on the property.
Chairman Morris invited the public in the audience to
speak. Edward L. Birkmire,
Director of Environmental Health for the Kent County Health Department,
noted that this project cannot be approved by the State or County
Health Department because they have no system for the existing
house that is in conformance with current regulations and would
not be allowed to expand. Mr. Birkmire said
the issue has been discussed with Maryland Department of the Environment
and mentioned at the Technical Advisory Committee meeting. The system was done several years ago and has
failed and cannot expand on that failure.
There are two ponds which are not functioning very well. It was an experimental system. The County Comprehensive Water and Sewer Plan
and the Code of Maryland Regulations will not allow such a system
today. Mr. Birkmire advised
that even if the Board of Appeals would approve the special exception,
the Health Department would not allow for any expansion. Discussion
continued.
After some discussion, Ms. Maisel
said she would have to table her proposal until she is able to
resolve the matter. The
experimental system is working well and she does not understand
the situation.
Following additional discussion, and in an effort to
move the application along, Mr. Hickman made a motion to forward
a favorable recommendation to the Board of Appeals recommending
approval of a special exception for Katy Maisel,
Cacaway Farm Coop Housing, to construct
an accessory structure over 1216-square feet with 900 square feet
of living space above the garage (a total of 2116 square feet
of floor area.) A special
exception is also required for a second story above the 17 feet
height restriction. This motion is based on the following findings:
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The proposed
structure will not negatively affect traffic patterns or nature
of surrounding area
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The garage
will not negatively affect the surrounding area
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The variance
is consistent with the Comprehensive Plan and intent of the Land
Use Ordinance
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There will
be no impact on surrounding area by noise, vibration, smoke, particulate
matter, toxic matter, odor, fire or explosion hazards, or glare.
If the Board of Appeals approves the special exception,
approval shall be contingent upon:
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Mitigation
for disturbance of natural features;
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Water quality
improvements on-site (this mitigation may take the form of native,
woody vegetation and may satisfy both water quality improvements
and disturbance of natural features;
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Conformance
to accessory dwelling unit requirements (second story living space
limited to 900 square feet); and
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Obtaining
Health Department approval.
The motion was seconded and the vote
unanimous.
GENERAL DISCUSSION
Chairman Morris noted correspondence has been received
from the Sassafras River Association inviting the Planning
Commission to attend a kick-off meeting on March 12, 1-4 PM.
The Association is made up of citizens from Kent and Cecil
Counties who meet monthly. They
are non-profit and dedicated to the preservation and sensitive
use of the Sassafras River Watershed.
The Delaware Peninsula Methodist Conference has invited
the Board to attend an open house at Drayton Manor on Saturday,
March 5, 9-3 PM
Chairman Morris referred to an article in the Star Democrat
about Adequate Public Facilities Ordinances. It appears to be a way for counties to manage
towns annexing and building houses and the county having to pick
up infrastructure costs for a new development.
Mrs. Owings explained that an Adequate Public Facilities
Ordinance is a way to make sure public facilities are bearable
for new developments. It is not a funding source, but could lead to
an impact fee. The article is inaccurate.
She further explained how such a program works.
Mr. Sutton noted there is a lot of activity on land north
of Chestertown at Hopewell Corner.
He remembers when a proposal was before the Planning Commission
previously, it was agreed that there should be one entrance with
inter-connecting roads. Staff
has made the owner/developer aware of the Planning Commission=s past discussions.
STAFF REPORTS
Amy G. Moredock, Environmental
Planner - Ms. Moredock advised staff
is finalizing the Hazard Mitigation Plan previously reviewed by
the Board in October.
Gail Webb Owings, Planning Director - Mrs. Owings commented
on the Stories of the Chesapeake Heritage Area and a proposal
to work on the Gateway in Kent County and Caroline County. Citizens are needed to take pictures of the
landscape and areas of interest. Training will be available at
the Centreville Public Library on Monday, March 7 and Wednesday,
March 9, 7-9 PM.
Tuesday, March 22, will be the third public workshop
at the Board of Education on Washington Avenue.
Mr. Sutton suggested notice be sent to the incorporated
towns. The county and towns need to work together.
Staff will send out notices to the towns as well as other
citizens who have expressed interest in the workshop.
The workshop will also be advertised in the Kent News.
Craig O=Donnell,
Kent County News, asked if the Planning Commission was aware the
State is constructing a 330 foot communications tower just outside
Chestertown. Construction is expected to begin soon. He questioned if any county representative spoke
to the State about mitigation. Mr. O=Donnell
was advised the tower is on State property and they are not required
to obtain approval from the County, however
Chairman Morris noted a letter can be sent to the State encouraging
the placement of some planting to soften the view of the tower.
There being no further business, Chairman Morris adjourned
the regular meeting at 3:10 PM.
The Planning Commission and staff then went into a work
session regarding the comprehensive plan and the upcoming workshop.
___________________________________
Elizabeth
H. Morris, Chairman
____________________________________
Elizabeth
Carroll, Secretary
