KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, March 2, 2006, at 1:30 p.m., 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; Patricia Langenfelder; Marcy Brown; Rev. Ruben Freeman; Jay Lancaster; Joseph Hickman; G. Mitchell Mowell, Attorney; Gail Webb Owings, Planning Director; Carla A. Martin, Community Planner; Amy G. Moredock, Environmental Planner; Elizabeth Carroll, Secretary.

MINUTES – The minutes of the February 2, 2006 meeting were approved as written.

APPLICATIONS FOR REVIEW

# 06-09 Town of Chestertown – Site Plan Review (Lagoon) – The Town of Chestertown is planning improvements to their wastewater treatment plant to meet both basic and enhanced nutrient removal goals mandated by the State. The 145 acre parcel is located on John Hanson Road in the Fourth Election District and is zoned “RR” Rural Residential and “RCD” Resource Conservation District.

Bill Ingersoll, Chestertown Town Manager, 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 and Article V, Section 4 of the Land Use Ordinance which address yard requirements for the RR and RCD Districts. The proposal meets the requirements of both districts. Article VII, Section 2 and Section 7.41 of the Land Use Ordinance sets forth the criteria for granting a special exception which was previously granted. Article VII, Section 5 establishes site plan review procedures to be considered today.

Ms. Moredock reviewed the Technical Advisory Committee comments as well as staff comments, and recommended approval of the site plan pending the approval of a revised stormwater management plan and a landscaping plan.

Correspondence was received from Amy Brice, an adjoining property owner, requesting an extensive buffer be required. She is concerned about noise levels associated with equipment at the lagoon. The lagoon is surrounded by residential properties.

Chairman Morris invited Mr. Ingersoll to speak. Mr. Ingersoll noted Ms. Moredock’s report was thorough. He advised Joe Blizzard has approved the stormwater management plan. Mr. Ingersoll said they respect the environment and are keeping trees and the existing hedgerow. Structures at the lagoon will be buffered. The Town of Chestertown is presently operating under a consent order, but with the 9 million dollar upgrade the lagoon will be operating more efficiently and there will be less noise. Completion time is estimated at 1 – 1½ years. Mr. Ingersoll explained the technology and operation of the lagoon. Discussion continued.

Chairman Morris asked for comments from the audience.

Mr. and Mrs. Wagner, adjoining property owners, asked about the power lines. They are on the same line as the town and would like the lines separated. Mr. Ingersoll advised a portion of the line will be underground. He invited the Wagners to stop in the town office to discuss separating the lines and correcting their problem.

A resident asked about the location of the new work, access to it, and whether or not it will be visible from the road. Mr. Ingersoll said it would not. A one-story accessory building is proposed.

Tom Allen, adjoining property owner, asked about increased mechanical noise. Mr. Ingersoll said the pump will not be heard by neighbors. The small compressors will be in padded buildings. It is hoped the 100 horse power compressors will eventually be able to be turned off.

After review and discussion, Ms. Brown made a motion to grant final site plan approval to the Town of Chestertown to construct improvements to the wastewater treatment plant located on their 145 acre parcel off John Hanson Road, contingent upon some additional landscape buffering be provided on site. This decision is based on the following findings:

• This site has been the location of the wastewater treatment plant for Chestertown for the last 40-years and has already received a special exception for the lagoon.
• This project will not increase the number of people that could be served by the wastewater treatment plan.
• The purpose of this project is to remove nitrogen and other matters from the sludge.
• The surrounding area is a combination of farmland and residential development.
• The improvements to the site will not impact traffic patterns, noise, vibration, smoke and particulate matter, toxic matter, odor, fire or explosion hazards should be minimal.
• Impact to water quality, fish, wildlife and plant habitat will be improved by upgrading the existing treatment plant to comply with a combination of basic and enhanced nutrient removal requirements.
• The application is consistent with and conforms to the County’s Comprehensive Plan.
• The vehicular and pedestrian movement on site will not be impacted by the improvements.
• Provisions for loading and unloading of vehicles have been addressed and lighting is dark sky compatible.
• Parking spaces have been provided.
• Sediment and erosion control plan has been submitted and approved.
• Forest conservation has been address and approved.
• No vegetation is proposed for removal.
• Stormwater management plans have been approved.
• Building plans are complete and elevations have been submitted.

The motion was seconded. The vote was unanimous.

#06-05 York Farm, LLC – Major Subdivision (one lot); #06-18 Road Waiver – Rick Bailey of York Farm, LLC, is requesting preliminary approval for a major subdivision of one 1.567 acre lot from his 202 acre farm located on Quaker Neck Road near Pomona in the Seventh Election District. The property is zoned “RCD” Resource Conservation District and “AZD” Agricultural Zoning District. The applicant is also requesting a road waiver.

Rick Bailey was present and sworn in with staff by Chairman Morris.

In 2001, two lots were created on a private road to serve the farm and those two new lots. Mr. Bailey is now proposing that the new lot have access from the existing private road. This will be the fourth parcel to be served by the road and no additional subdivision will be allowed on this farm. A road waiver is required if more than five parcels have been created since 1969.

Ms. Martin reviewed the road waiver requirements found in Article V, Section 1 and Article IX, Section 3 of the Land Use Ordinance. Staff recommended approval of the road waiver. Jim Wright, County Engineer, has stated that County Roads does not wish to accept roads of this length. The waiver will not cause a substantial detriment to neighboring properties. It is consistent with the Comprehensive Plan and the general intent of the ordinance. The strict application of these provisions would result in inhibiting the achievement of the goals and objectives of the Comprehensive Plan. A road maintenance agreement should be recorded with the final plat.

Ms. Martin then reviewed the staff report on the proposed subdivision noting that in 2001, prior to establishing a Maryland Agricultural Land Preservation District on this farm, the Baileys subdivided two five-acre lots. The old farmhouse was moved onto one of the lots and a new house was constructed on the farm.

The owners recently accepted an easement offer from MALPF to permanently protect this farm. Under the MALPF regulations, the landowners retain the right to subdivide one unrestricted lot. The Baileys have chosen to use the lot right to subdivide the existing house on the farm. MALPF has not yet reviewed the request to release this lot.

Ms. Martin addressed relevant issues noting applicable law found in Article V, Section 2 of the Land Use Ordinance, noting environmental standards and design standards. Staff recommended preliminary subdivision approval.

Correspondence included a letter from Lisa Hoeger of the Chesapeake Bay Critical Areas Commission. Mrs. Owings read the letter which outlines their comments as follows:

• It appears there is sufficient acreage to accommodate another lot in the RCA portion of the parcel since there are 107 acres in the RCA.
• A field survey of any wetlands must be conducted to determine the final allowable density since any areas of State tidal wetlands must be deducted.
• The applicant should provide an updated letter from Department of Natural Resources since the previous subdivision occurred more than two years ago.
• Need to show on the plat the amount of afforestation proposed.
• Plat should indicate the total allowable impervious coverage for this lot.

Chairman Morris invited Mr. Bailey to speak. Mr. Bailey said he wanted to clarify that the house is already complete as is the private lane. No additional disturbance or construction is proposed. He is aware that the road maintenance agreement will need to be amended. Mr. Bailey explained the farm was originally purchased by his father, brother and himself, with a lot for himself, his brother and his parents. The MALPF easement prevents any further subdivision. Discussion ensued.

Chairman Morris asked for comments from the audience. A gentleman asked if there would be any additional roads and also asked about shrubs or trees. Mr. Bailey told him the existing road will serve the parcels. No additional landscaping is proposed.

After review and discussion, Mr. Hickman made a motion to grant preliminary approval for the creation of one 1.567 acre lot from the 202 acre farm owned by York Farm LLC, provided:

• A planting plan must be submitted and approved prior to receiving final subdivision approval.
• 15% of the proposed lot is impervious. Owners will only be allowed to construct additional outbuildings over the existing impervious surface.
• Critical Areas Commission is recommending the applicants obtain an updated Environmental Review letter from DNR.
• MALPF approves to release lot from farm.

This recommendation is based on the following findings:

• The property is zoned RCD and AZD.
• Lot will be located off York Farm Lane, a private road in the RCD District.
• The property is in MALPF program and has previously created two 5.0 acre lots.
• Impervious surface cannot exceed 15% of the lot.
• Endangered species shall be preserved.
• Applicants have agreed to pay $250 in lieu of providing one tenth of an acre in open space.

The motion was seconded and the vote unanimous.

Mr. Hickman made a motion to grant a waiver for York Farm LLC, to allow a private road to serve a major subdivision, provided:

• A road maintenance agreement is recorded with the final plat.
• The road maintenance agreement notes that the road is running through a MALPF property

The Planning Commission established the following findings:

• The private road currently exists.
• The private road will not be under the control of the county and so noted in the deeds and on the plat.
• The waiver will not cause a substantial detriment to neighboring properties.
• A waiver is consistent with the Comprehensive Plan and general intent of the Land Use Ordinance.

The motion was seconded. The vote was unanimous.

#06-10 Patrick McCoy/Chesapeake Architects – Variance (side yard) – Patrick McCoy is requesting a side yard setback variance to construct a sitting room 3 feet from the south side property line. The .66 acre parcel is located on Beechwood Road of the Beechwood Glen Subdivision in the First Election District. The property is zoned “CAR” Critical Area Residential.

Peter Newlin, representing Chesapeake Architects, was present on behalf of his client Patrick McCoy, and was sworn in with staff.

Applicable law is found in Article V, Section 2, and Article IX, Section 2 of the Land Use Ordinance. The ordinance establishes the criteria for granting a variance.

Ms. Moredock referred to her staff report noting the applicant needs a side yard setback variance to construct a 12 by 18 foot sitting room. The parcel is characterized by steep slopes within the north side yard and front yard setbacks. The front yard is also comprised of the 100-foot Critical Area Buffer and the well. The septic system is in the rear yard. A variance would not cause a substantial detriment to neighboring properties nor would it change the character of the district. The applicant has not minimized the need for a 12-foot setback variance, and it is unclear if denial of the variance would deny the applicant reasonable use of the entire parcel. The need for the variance is a result of the topography of the site which includes steep slopes.

Ms. Moredock read a letter from Thomas Price and Margaret Walker in which they state the McCoys have kept them informed of their proposal. They feel the project will fit nicely into the neighborhood.

There were no comments from the audience.

Chairman Morris invited Mr. Newlin to present his case. Mr. Newlin reviewed the proposal for the sitting room/deck and explained the topography of the property, noting that the proposed location is the only available site on the property. They have been working with the Health Department for an approved site. The deck has a partition to provide a front porch/guest entry porch as well as a sitting deck with some privacy from the structure and neighbors. A trellis will provide some shade. Calculations have provided this as impervious but it has not been decided whether to put gravel underneath it or not. A cement slab will be removed and a garden wall is proposed.

The Planning Commission expressed some confusion with the site plan and proposal. It was determined there is no expanded buffer. There is no increase of non-conformity. Can the porch be reduced in size? Is there a practical difficulty? Mr. Newlin said the deck is needed to accommodate the five-member family and any guests. He noted other houses in the area have decks or porches and the McCoys would like a deck. The site plan shows a wall dividing the deck. Mr. Newlin advised the wall provides a front porch and a sitting deck with a trellis roof. Discussion continued.

Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals recommending approval of a variance to allow Patrick McCoy to construct a deck with trellis roof 3 feet from their side yard property line. This decision is based on the following findings:

• The variance will not cause a substantial detriment to neighboring properties.
• The variance will not change the character of the neighborhood.
• The granting of a variance will not confer upon the applicant privileges uncommon to the area.
• The slopes within the front and west side yard constitute an extraordinary topographical condition on the property.
• The current locations of the well and septic system limit the location of proposed construction.
• There are mature trees which limit the location for the deck.
• The proposal is consistent with the County’s Comprehensive Plan.
• The applicant has demonstrated a practical difficulty.
• A brick patio exists on the property which cannot be converted to a structure.

The motion was seconded. The vote was unanimous.

After a five-minute break, Chairman Morris excused herself from review of the Bryan variance application. Vice-Chairman Sutton invited the applicant to come forward.

#06-11 Elizabeth Bryan – Buffer Variance – Elizabeth Bryan is requesting a variance to construct an addition within the 100 foot Critical Area Buffer. The 124 acre farm is located on Shallcross Wharf Road and Little Marsh Point on the Sassafras River, in the Second Election District. The property is zoned “RCD” Resource Conservation District.

Elizabeth Bryan, Chapel Hill, North Carolina, was sworn along with staff by Vice-Chairman Sutton.

Ms. Moredock advised that there is a difference in the square footage as mentioned in the staff report, and the applicant’s request is actually a little smaller. She reviewed the staff report advising the 268 square foot addition is proposed to a house that was built in 1980 and is currently within the Critical Area Buffer. The dwelling is surrounded by water and accessory structures are located mainly on the point. The septic is located in the side yard and the well is located in the front yard (both within the buffer.)

Ms. Moredock reviewed the staff report noting applicable law found in Article V, Section 2 and Article IX, Section 2 of the Land Use Ordinance. The ordinance establishes the criteria for granting a variance. The variance will not cause a substantial detriment to neighboring properties, nor will it change the character of the district. The Comprehensive Plan encourages the maintenance of buffers. Staff feels that an addition to the existing dwelling does not constitute an unwarranted hardship, nor does it deny the applicant of uses generally shared by neighboring property owners, therefore staff recommended denial of the variance request. However, should the Board of Appeals be inclined to approve the variance, then approval should be consistent with the criteria noted in the Critical Areas Commission letter: 1) Mitigation of 3:1 for disturbance within the buffer should consist of a mix of native trees and shrubs, and 2) Stormwater runoff from proposed structure should be directed to stable vegetation in the form of a bioretention area / rain garden.

Mrs. Owings read a letter from Chris Clark at the Critical Areas Commission.

Elizabeth Bryan was invited to present her case for the granting of a buffer variance. Ms. Bryan shared family history of the 124 acre farm noting she has been spending vacation time at the “Shack” for over 56 years. She further noted that there has been a structure on the point for over 200 years. The existing house was built in 1979 prior to the critical area regulations. She proposes a modest 10 by 25 foot addition which will include a larger kitchen, laundry room and study area. Mature trees and the location of the septic prevent the movement of the house back any further. In order to preserve the farm, the Bryan Family has placed half of the farm in an Eastern Shore Land Conservancy Easement and the other half under the Maryland Agricultural Land Preservation Foundation. They also participate in the CREP program to protect the shoreline. She asked that the Planning Commission consider her request in order to allow the family to continue to use this home as a family gathering place as they have over the years. Discussion ensured between Ms. Bryan and the Planning Commission.

Vice-Chairman Sutton invited the audience to comment. Robert Bryan, Shallcross Wharf Road, and brother of Ms Bryan, advised that in order to expand this house for permanent living rather than a summer house, would be to tear it down or move it at a great expense. It was built just prior to the Critical Area law. Ms. Bryan said it would definitely be a hardship because they could not afford to build a new house.

In summary, Ms. Bryan said she is very attached to this property because of the years the property has been in their family (since 1678.) They are doing all they can to preserve their land. It is not an option to move the house back out of the 100 foot buffer.

After a lengthy discussion, Ms. Brown made a motion to forward an unfavorable recommendation to the Board of Appeals recommending the Board of Appeals deny Elizabeth Bryan’s request for a buffer variance to allow her to construct a 268 square foot addition 62 feet from mean high tide. This decision is based on the following findings:

• The dwelling was constructed in 1980.
• The existing dwelling, accessory structure, well and septic system are all located within the Critical Area 100 foot Buffer.
• The size and shape of the property is unusual in that this portion of the parcel is a peninsula with the entire area surrounded by water and the Critical Area Buffer.
• The proposed addition is not located closer to mean high tide than the existing dwelling footprint.
• The proposed addition will not change the character of the neighborhood and will not constitute a substantial detriment.
• The proposed addition will not adversely impact water quality or wildlife habitat.
• No unwarranted hardship exists and may confer upon the applicant privileges denied to other property owners within the neighborhood and Critical Area.
• The parcel is a working farm which is enrolled in preservation easements with the Eastern Shore Land Conservancy and the Maryland Agricultural Land Preservation Foundation.

Ms. Brown further noted, should the Board of Appeals be inclined to grant approval, then the Planning Commission recommends that mitigation should take place at a ratio of 3:1. Plantings should consist of Maryland native plantings. Stormwater runoff should be directed to rain-gardens.

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

RESOLUTION TO ADOPT THE UPDATED COMPREHENSIVE PLAN

The Planning Commission briefly reviewed the plan and after some discussion Mr. Sutton made a motion to approve draft Comprehensive Plan and forward the document on to the County Commissioners for adoption. The motion was seconded and the vote unanimous.

The Planning Commission will present the Comprehensive Plan to the County Commissioners on Tuesday, March 7, at 9 a.m.

STAFF REPORTS

Carla A. Martin , Community Planner – Ms. Martin made the Planning Commission aware that Elizabeth Weaver will be making a presentation before the County Commissioners on Tuesday, March 7, about the MALPF Program and funding that is expected to be available. Ms. Martin distributed a flyer about a meeting on Thursday, March 16, at the Kennedyville Community Center. There is four times as much money available as there has been over the past few years.

Gail Webb Owings – Ms. Owings advised Bryan Foreman has been hired as an assistant inspector to help with enforcement.

The Kick-Off meeting of the Fairlee Master Plan is scheduled for March 28, 7:00 p.m., at the Potter’s House Ministries building (the old VFW building in Fairlee.) Planning Commission members Mr. Hickman and Rev. Freeman had agreed previously to attend, but other members are welcome to attend also.

The next meeting for the Butlertown and Worton Master Plan will be March 23, at Mt. Olivet Church.

There was a brief discussion about the Kick-Off meeting in Kennedyville.

Staff will be requesting funding under the FY-2007 Budget for the next three Village Master Plans. The villages are listed in the Comprehensive Plan. The Planning Commission will need to decide which villages to work on.

A brief discussion ensued regarding zoning violations and when fines are issued and amount of fine.

ELECTION OF OFFICERS

Rev. Freeman made a motion that the officers remain the same. The motion was seconded and the vote unanimous. Elizabeth Morris will remain chairman for the Planning Commission and William Sutton will continue as Vice-Chairman for 2006-2007.

There being no further business, Chairman Morris adjourned the meeting at 5:20 p.m.

____________________________________

Elizabeth H. Morris, Chairman

____________________________________

Elizabeth Carroll, Secretary

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