KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met on regular session on Thursday, April 7, 2005, at 1:30 PM in the County Commissioners Hearing Room at 400 High Street, Chestertown, Maryland, with the following members in attendance: Elizabeth H. Morris, Chairman; Bill Sutton, Vice Chairman; Marcy Brown; Patricia Langenfelder; Jay Lancaster; F. Joseph Hickman; G. Mitchell Mowell, Attorney; Carla A. Martin, Community Planner; Amy G. Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

MINUTES - The minutes of the March 3, 2005 meeting were approved after making several corrections. Page 3, "storage shed shall be anchored." Page 2, "abandoning existing lagoons" should not use the word "abandoning" because the intent is to reuse the structures. Page 4, should read, "down the lane to the system."

APPLICATIONS FOR REVIEW

#04-114 Village of Kennedyville - Major Subdivision - Final Plat, Phase I (25 Lots) - Carl Wright, representing Wright Land Development LLC has submitted the final plat for Phase I (20 lots, 25 dwelling units, three public roads, 3 alleys, a park and stormwater management pond) of the Village of Kennedyville. The Village of Kennedyville is a 67 lot subdivision with 84 dwelling units with access on Turners Creek Road and Augustine Herman Highway (Route 213) in Kennedyville, in the Second Election District.

Present and sworn in by Chairman Morris were: Nick Rikowski, Brad Midgette, Stuart Sirota, Carl Wright and Carla Martin.

Ms. Martin read the staff report. At the October 7, 2004 meeting, the Planning Commission reviewed the conceptual subdivision plan for the proposed 84 unit subdivision of the property owned by MWP Properties. The Board does not approve or deny a concept plan, but did offer comments to the developers.

On December 2, 2004, the Planning Commission granted preliminary subdivision approval for 67 lots basing its decision on a list of items that must be addressed before final approval can be granted.

Ms. Martin reviewed relevant issues and applicable law found in Article V, Section 7 of the Land Use Ordinance. Staff was unable to make a recommendation until confirmation that the following have been approved:

• Stormwater Management and Sediment Control Plans
• Road Construction
• Utility
• Deed Restrictions
• Bonds or Letters-of-Credit
• Road names

Ms. Brown asked Attorney Mowell if the Planning Commission should proceed with the review since some of the above mentioned items have not been approved. Attorney Mowell said he had some problems with the deed restrictions - however they can be modified. There are some minor changes that need to be made to the stormwater management and sediment control plans. Cost figures have been approved but letters-of-credit still approval by the County Commissioners. Attorney Mowell advised approval can be granted subject to these issues being completed. Final plats will not be signed until all matters are complete.

Mr. Sirota reported the developers have been working closely with the Technical Advisory Committee and have addressed their comments. They had a good meeting with the Kennedyville Fire Department and have talked over the issues and appeared to be satisfied. The developers will be providing the fire department copies of plans for the new water tower and location of the fire hydrants. Chairman Morris pointed out that it would be wise of the developers to notify new property owners about the Kennedyville fire siren.

Chairman Morris advised she still has concerns about stormwater from the subdivision runoff across Route 213. Mr. Wright replied there will be two stormwater management basins, pointing them out on the plans. Runoff will be collected by roadside swales and piping, and discharged to the stormwater management basin. Mr. Rikowski commented further on the drainage measures and discussion ensued.

Mr. Sirota advised they are about to sign the Public Works Agreement with the Department of Water and Waste Water. The developers have agreed to provide a water softening unit which will benefit the entire community of Kennedyville. When Phase II is approved, the developers will add an additional well or upgrade an existing well to meet the demands of the entire community. A 50,000 gallon water storage tank will be provided by the developers in Phase II which will address the fire department's needs. Discussion continued.

With regards to the sewer for Kennedyville, the applicants are upgrading the small pump station across from their development which will handle the flow from their subdivision. The Department of Water and Waste Water is granting 25 allocations for Phase I. When the plant is upgraded and more allocations are available, the applicants will be able to proceed with Phase II.

There has been no additional correspondence received in the office regarding this project. Chairman Morris asked for comments from the audience. Jeanette Parish, adjoining property owner, advised her lot is in a low area and she is concern about drainage problems from the subdivision since they already have problems from stormwater runoff from the farm. She asked what the developers plan to do to prevent runoff onto the existing lots along Route 213. Mr. Wright said no. Mr. Wright advised the runoff can be collected by way of a swale that will take it to the inlet and onto the pond. Mrs. Parish asked if any land will be taken from property owners to widen the entrance for the subdivision. Mr. Wright reviewed the site plan with the Planning Commission and audience showing the landscaping and buffering proposed which will be maintained by the property owners in the subdivision.

Carol Baker, adjoining property owner to the green area, noted they get a wet basement whenever it rains. She feels the swale should be relocated. Mr. Wright said he will be glad to meet with her at the site. Ms. Baker asked if the house on the corner will be removed. Mr. Wright replied that it may be removed in the future but it is currently leased.

Chairman Morris asked about open space for Phase I. Mr. Wright responded that Phase II will include a pocket park and a trail will be installed around the pond. Further open space may be provided if the house on the corner is removed.

The Planning Commission discussed various issues before granting final approval.

Ms. Brown made a motion to grant final plat approval for the Village of Kennedyville, Phase I for the creation of 25 dwelling units, contingent upon:

• The stormwater management and sediment control plans are amended with the inclusion of swales as necessary for Lots 4 to 8, are approved
• The deed restrictions and covenants are approved by Attorney Mowell
• The sureties in the form bonds or letters-of-credit are submitted and approved by the County Commissioners.

Ms. Brown noted the Planning Commission finds that this subdivision meets the requirements of the Land Use Ordinance and is in compliance with the County = s Comprehensive Plan. The motion was seconded and the vote unanimous.

#05-33 John L. Plummer, etux - Major Subdivision (1 Lot) - John Plummer is requesting preliminary approval for a major subdivision of one 2-acre lot from his 30.72 acre parcel located on Gregg Neck Road in the First Election District. The property is zoned "RR" Rural Residential and"RCD" Resource Conservation District.

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

Ms. Martin reviewed the staff report noting relevant issues and applicable law. Staff recommended preliminary plat approval.

Mr. Plummer informed the Planning Commission that the new lot is for his mother-in-law who will be building a home on the site. He has spoken with the County Roads Department and was informed that an entrance permit will be approved. A discussion ensued regarding the entrance.

There were no public comments or correspondence with regards to this subdivision.

Ms. Brown made a motion to grant preliminary plat approval for the John L. Plummer subdivision creating a 2 acre parcel. Before final approval can be granted, the applicant must

• Submit a Forest Conservation Declaration of Intent;
• Submit a standard stormwater management plan; and
• Pay $250 Open Space Fee in lieu of.

The motion was seconded and the vote unanimous.

#05-31 Ronald Basener - Variance (Front Yard Setback) - Mr. Basner is requesting two front yard variances to construct a 2-story single family dwelling and attached garage with a total square foot of approximately 4145 square feet, 20 feet from Point Lane and 30 feet from Bayview Drive. The .376 acre property is located at the corner of Point Lane and Bayview Drive in Tolchester Estates, Sixth Election District. The property is zoned "CAR" Critical Area Residential.

Robert Basener and Ronald Basener were present and sworn in with staff by Chairman Morris.

Ms. Moredock noted the applicant meets the impervious surface requirement for a parcel of its size (5118 sq ft or 31.25% limit; 2400 sq ft footprint total or 14.6%.) This lot has two front yards.

This property was subject to a previous variance in September 2002 at which time the Planning Commission made a favorable recommendation to the Board of Appeals. The Board granted two variances to the front yard setbacks of 20 ft from Bayview Drive and 30 ft from Point Lane, subject to the following conditions:

1) The property is sold to the sister and brother-in-law of the applicants, the Korens

2) That the dwelling with the dimensions of no more than 38 by 34 ft with a porch 10 by 18 ft (1472 sq ft) be constructed; and

3) Standard condition that the variances granted will lapse after the expiration of one year if no substantial construction in accordance with the plans herein presented occurs (October 2003)

Ms. Moredock reviewed the staff report noting relevant issues and applicable law found in Article IX, Section 2.2 of the Land Use Ordinance which sets forth the requirements for granting a variance. Ms. Moredock recommend approval of the variances contingent upon the minimization of the proposal in keeping with the neighborhood.

Mr. Robert Basener submitted pictures of home sites within four lots of his property showing various size houses which range from 5500 sq ft down to 900 sq ft. New construction continues to be larger homes. He does not feel his proposal will change the character of the neighborhood. Discussion followed regarding the roads that abut the Basener lot, specifically Point Lane and Bayview and the proposed location for the house and garage.

Mr. Ronald Basener said he plans to retire to this home site. He does not feel this proposal will change the character of the area. Mr. Basener and the Board discussed possible options of moving the house slightly on the property. Mr. Basener is trying not to block view of the bay from properties behind his lot.

Chairman Morris invited the public to comment. Ms. Linda Tedeski, resident of Point Lane, Tolchester Estates, was sworn in, advised she previously designed a one-story dwelling for this property.

She supports Mr. Basener's variance request.

After a lengthy discussion, Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals, recommending approval to grant Ronald Basener two front yard variances to construct a 2-story single family dwelling and attached garage with a total square footage of approximately 4175 square feet, 20 feet from Point Lane and 30 feet from Bayview Drive, in Tolchester Estates, finding:

• The dwelling and garage be moved back 10-feet from Point Lane and 10-feet closer to Bayview Drive
• The unusual size and shape of the lot results in a practical difficulty. The triangular-shaped lot is 132 feet at its widest point and has two front yards.
• The Board may opt to request minimization of the proposed footprint
• The applicant holds a sewer allocation which expires in 2007
• The Commission supports infill development
• The variances will not cause a substantial detriment to neighboring properties
• The variances will not change the character of the neighborhood
• The variances are consistent with the Comprehensive Plan and intent of the Ordinance.
• The granting of the variances is in harmony with the general spirit and intent of the Critical Area Law and Kent County regulations.

The motion was seconded and the vote unanimous.

GENERAL DISCUSSION

With regards to the Forest Conservation Act and Open Space regulations, Mrs. Langfelder noted that in some cases a developer can pay money in lieu of plantings and in lieu of open space. Where does that money go? The Board agreed there may be a need to increase fees, but better yet they would prefer to see more open space and more plantings. Discussion ensued.

Mr. Sutton asked the status of the new marine school in Rock Hall. Apparently the concern of some residents is the use of fiberglass for boat repair and construction and they would prefer fiberglass part of the school. It was noted some of the marinas in the area do fiberglassing. A boat builder could do fiberglass work, but the change in zoning is to allow a school.

STAFF REPORTS

Amy G. Moredock, Environmental Planner - The Upper Chester River Watershed Restoration Action Strategy is holding their first community meeting on April 16, at 10:00 am, Sudlersville Middle School.

G. Mitchell Mowell, Attorney - There is a zoning enforcement action against Craig Joiner for contempt because he did not clean up his property as required by . The hearing is scheduled for May12.

Carla A. Martin, Community Planner - No report.

ELECTION OF OFFICERS

Attorney Mowell asked for nomination of chairman. Mrs. Langenfelder nominated Elizabeth Morris. The motion was seconded. The vote was unanimous.

Chairman Morris opened the floor for nomination for Vice-Chairman. Mr. Hickman nominated Bill Sutton. The motion was seconded. The vote was unanimous.

There being no further business, Chairman Morris adjourned the regular meeting. After a break the Planning Commissionwent into a work session on the draft comprehensive plan.

__________________________________

Elizabeth H. Morris, Chairman

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Elizabeth E. Carroll, Secretary

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