KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, April 5, 2007, at 1:30 p.m., in the County Commissioners’ Hearing Room at 400 High Street, Chestertown, with the following members in attendance: Elizabeth Morris, Chairman; Patricia Langenfelder; Rev. Ruben Freeman; Jay Lancaster; Joseph Hickman; William Sutton G. Mitchell Mowell, Attorney; Gail W. Owings, Planning Director; Carla Martin, Community Planner; Amy Moredock, Environmental Planner; and Kim Dixon, Secretary

Chairman Morris called the meeting to order.

ANNUAL MEETING

Mr. Mowell asked for nominations for Chairman.  Mr. Lancaster made a motion to nominate Mrs. Morris as Chairman.  The nomination was seconded by Rev. Freeman.  A motion was made to close the nominations.  A vote was taken and the decision was unanimous.  Mrs. Morris asked for nominations for Vice Chairman. Mrs. Langenfelder made a nomination to elect Mr. Sutton.  Rev. Freeman seconded the motion.  A vote was taken and Mr. Sutton was elected Vice Chairman.

MINUTES

Deferred until the next meeting.

APPLICATIONS FOR REVIEW

#06-61 Petroleum Equipment, Inc. - Site Plan Review (Petroleum Tanks)

Petroleum Equipment Inc. requests preliminary site plan approval for its proposal to add eight 35-foot tall petroleum storage tanks to their propane storage and distribution facility located on their 2.49 acre parcel on Morgnec Road (Route 291), in the Fourth Election District.  The parcel is zoned “I” Industrial and “CC” Crossroads Commercial.

Kevin Shearon, DMS Associates, and Frank Williams, Manager of Petroleum Equipment, were sworn in with staff by Chairman Morris.

Ms. Martin reviewed the staff report giving the history and noting relevant issues and applicable law found in Article V, Section 15.6 – 15.9 which establishes the performance, environmental and design standards for the Industrial District and Article VI, Section 5 which establishes the procedure and review standards for site plans.  Staff recommends granting preliminary approval.  

Correspondence was received from Mr. Frank Rhodes and read into record.

Mr. Shearon said that the stormwater and sediment control has been reviewed by Joe Blizzard.  The Wetlands permit has been filed and the applicants have met with MDE at the site.

Mrs. Langenfelder asked if the road would be widened in front of the property.  Mr. Shearon said they are proposing to widen the driveway into the property and make a turn lane into the properties from Route 291.  Fifty feet of the shoulder improvements on Route 291 will be along Mr. Rhoades property but will be in the State right of way. 

Mr. Shearon presented pictures showing typical fuel tanks.  Mr. Hickman asked if there is a reason for the tanks to be white.  Mr. Williams said the tanks could be painted any color the Board would like but most tanks are white to assist in keeping them cooler on hot days.  Mrs. Morris asked if the tanks are set below grade.  Mr. Shearon said that most of the tank will be above ground.  Mrs. Langenfelder asked where the new residential storage tanks will be located.  Mr. Shearon pointed them out on the site plan along with the proposed landscaping.  The landscaping will be a mix of plants.  Ms. Martin says that she does not feel the current landscaping is sufficient.  Mr. Hickman asked about the plans for the wetlands.  Mr. Shearon said that the wetlands buffer would not be disturbed except for a new outlet from the stormwater management pond.  He has applied for a permit from MDE for the new pipe .  Mrs. Morris asked if the lighting would be dark sky compatible.  Mr. Shearon said the lighting would be there in the event someone needs to fill up at night time, otherwise it would not be on.  Rev. Freeman asked if there would be any catch basins for spills.  Mr. Shearon said yes there is a wall that goes around the tanks which will accommodate any spills.  There is enough volume within the basin to contain the fuel from one full tank. 

Mrs. Morris asked for any further questions or comments from the Board.    

Mrs. Morris asked for comments from the audience.  Wendy Mitchell, Property Manager for Chestertown Landing Apartments, was sworn in by Chairman Morris.  Her main concern is the noise of the trucks that would be coming in 24 hours per day.  Mr. Shearon said very few trucks would be coming into the facility after hours.  Ms. Mitchell was also concerned about the lighting of the site.  Mr. Williams said the light would only be on when someone is using the site to load or unload trucks after dark, which will be a rare occasion.

Jim Gillespie, was sworn in by Chairman Morris.  He is concerned about the containment where the trucks load and unload.  Being an adjacent property owner he does not want fuel running into his stormwater facility.  Mr. Shearon said that the trucks will load and unload on a concrete pad that will catch any spills and will drain into a system which separates water from the oil before it drains into the stormwater pond.  Any rainwater will also be collected and drain through the oil separator before discharging into the pond.  The oil separator will be maintained on a regular basis. 

There were no further comments. 

After discussion, Mr. Hickman made a motion to approve the preliminary site plan. The Board based its decision on the following findings:

<        The project complies with the Comprehensive Plan and general intent of the Ordinance.

<        There will be no overnight parking on site. 

<        The applicant has minimized the area of existing vegetation to be disturbed. 

<        Deliveries for wholesale should use US 301 / MD 291. 

<        The applicant submits a certified engineer’s report before final approval. 

<        Adequate landscaping is provided to screen the roadway and adjoining neighbors.  The landscaping should reach over thirty feet in height at maturity and include underplantings to screen the concrete containment structure

<        Lighting should be dark sky compatible and should be checked to ensure that any glare is not creating a nuisance for adjacent properties,

<        Residential storage tanks should be kept neat and orderly and the storage area needs to be clearly marked on the site plan,

<        A road maintenance must be recorded prior to final approval. 

<        The applicant must follow all State and Federal regulations. 

<        Applicant is to investigate using other colors for the tanks. 

<        The Planning Commission will submit a letter to the State Highway Administration asking for double yellow lines in front of the property.

The motion was seconded, and the vote was unanimous.

#06-80 Brickyard Land Holding, LLC– Preliminary Site Plan

Brickyard Land Holding, LLC requests approval of the preliminary site plan for a 25,500 square foot addition to the existing concrete production building and to expand the outside storage area for pre-cast concrete items.  After the addition, the building will be approximately 40,300 square feet with a gravel storage yard exceeding 3 acres in size.  The building and storage area are at least 162 feet from the eastern boundary line, 370 feet from the western boundary, 600 feet from Route 291, and a significant, but unknown, distance from the rear boundary line.

Kevin Shearon, Jim Gillespie and staff were sworn in by Chairman Morris.

Mrs. Owings reviewed the staff report stating that this parcel is located in the Fourth Election District and is zoned Commercial, Industrial and ICA-LDA.  The building is in the Industrial District and the storage yard is in both the Industrial and Industrial Critical Area.  Applicable law includes Article V, Sections 15 and 16 which establish the performance standards for the Industrial District and ICA-LDA, and  Article VI, Section 5 which establishes procedures and review standards for site plans. 

Correspondence was received from Mr. Frank Rhodes and was read into the record. 

Mr. Shearon informed the Board that the wetland permit is ready to be submitted however it has not been submitted as yet.  It will be submitted next week.

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

Mr. Lancaster made a motion to approve the preliminary site plan.  The Board based its decision on the following findings:

<        This application is in compliance with the comprehensive plan and is consistent with the requirements of the Land Use Ordinance. 

<        No disturbance will occur to the forest and adequate water and sewer are available.  This project will not place unreasonable demands on any infrastructure.

<        The stormwater management plan is under review and final approval is contingent upon approval of the stormwater management plan

<        Adequate parking and loading are available. 

<        The existing tree line provides good screening but additional landscaping is necessary to soften the view from MD 291.  The applicant is working with Teri Batchelor to find a species that will survive. 

<        Prior to final approval it is necessary that the road maintenance agreement between the two neighbors must be finalized and approved. 

<        The Planning Commission will submit a letter to the State Highway Administration regarding a no passing zone in front of the property.

The motion was seconded, and the vote was unanimous.

#07-19 Michael Forney – Major Subdivision (one lot)

Michael M. Forney requests concept review for a major subdivision to create a 4-acre parcel from his 37.616 acre property.  The property is located on Station Road off of Still Pond Road in the Second Election District.  The property is zoned Rural Residential.  The surrounding area is characterized by residential development in Big Woods and Runnymede Estates and agriculture.

Michael Forney and Michael A. Scott were present and sworn in with staff by Chairman Morris.

Ms. Moredock reviewed the staff report noting relevant issues and applicable law.  Article V, Section 4 of the Land Use Ordinance sets forth the criteria and standards for development in the Rural Residential District.

There was no correspondence.

Mrs. Morris asked Mr. Scott to show where the subdivision would be on the map.  Mr. Scott said that this is a major subdivision because it was subdivided from the Runnymede property.  Mr. Forney explained that this 4 acre lot has 700 feet of road frontage, is triangular in shape, and is contiguous with the Runnymede development.  He noted that he met with Mr. Spray who said there would be no problem accessing the property from Station Road.  This lot is almost all wooded. 

There were no comments from the audience.

After a discussion the Board offered the following comments: 

<        The proposal is consistent with the Comprehensive Plan;

<        The parcel complies with the density and lot size and other bulk requirements;

<        Deed restrictions must be submitted for the Forest Conservation Plan;

<        A narrative must be submitted;

<        A standard stormwater management plan and a standard sediment and erosion control plan must be approved by Kent Soil and Water Conservation District when a building permit is submitted. 

<        The lot will be accessed off of Station Road. 

#04-13 Wilson Point Estate – Major Subdivision (16 lots) off Wilson Point Road

Sassafras Holding Company has submitted for concept review a fourteen lot major subdivision of its 31.15 acre property at the end of Wilson Point Road in the First Election District.  The proposed development will consist of fourteen lots on approximately 10 acres, a new public road and 18.69 acres of open space.  The proposed single family units are arranged on approximately ¾ acres lots that vary slightly in shape.  With the exception of lots 4 and 5, all of the lots back up to open space areas.  Access to the subdivision is from Wilson Point which is considered a collector road.  Lots 1-11 will front on the proposed public road.  Lots 12, 13 and 14 will front on the extension of Wilson Point Road.  Lot 2 will front on Sassafras Cove Road.  Each property will have a private septic system.

Rick Clark and Grant Gregger were present and sworn in with staff by Chairman Morris.

Mrs. Owings reviewed the staff report citing the applicable law Article V, Section 6.which sets forth the criteria and standards for subdivision review in the Community Residential District.. 

Correspondence was received from James and Carol Orange, Shirley and Donovan Gear and the Sassafras River Association, John Vail President.  These were read into the record.

Mr. Gregger reviewed the project  for the board.   Wilson Point Road will be extended and they will use the contour of the land.  He showed the area that will be maintained for afforestation.  The pond will be on what they are calling the backs of lots.  There will quite a bit of buffer to protect the ravine and the pond.  The open spaces were indicated on the plan.  These areas could be used by the homeowners association once it is formed.  This area could be used for play areas.  He stated that they are investigating the use nitrogen removing septic systems.  Ted Mercer, Sr. will serve as the Landscape Architect for this project

The house that is located on the property is not preservable.  Each house will be built as the lots are sold.  Each home will be custom or semi-custom homes.  It would be ok with them if it takes five years to complete this project. 

Mr. Lancaster asked when the project is complete who will own the open space.  Mr. Gregger said it would be owned by the homeowners association.  Mr. Lancaster asked who owns the pond.  Mr. Gregger said that they own part of the pond.  Mr. Lancaster asked if the lots would be sold individually.  Mr. Gregger said that the home would be a part of the home package. 

Mr. Hickman asked for clarification if there will be 16 lots or 14 lots.  Mr. Clark said there will be 14 lots.  Mr. Gregger showed a site plan indicating each lot and the roads. 

Mrs. Morris asked for questions from the Board.  Mr. Sutton asked what size the lots would be.  Mr. Gregger said that the lots would be approximately ¾ of an acre. 

Mr. Lancaster asked if they intended to have street lights.  Mr. Gregger said no, they would not.  Mrs. Owings said the neighbors have indicated that they do not want street lighting. 

Mrs. Morris asked if anyone from the audience would like to speak. 

Mr. Robert Stevenson was sworn in.  Mr. Stevenson asked if there would be a buffer between the development and his property, a split rail fence or something else.  Mr. Clark said there would be.  Mr. Clark said they do not want to be a burden; they want to be good neighbors.

Mr. John Vail was sworn in.  He commended Mr. Clark for the public meeting and the work he is doing on this property.  He said he would not like to see street lighting.  He would like to encourage the use of nitrogen removing septic systems.

Craig O’Donnell, Kent County News, asked if there is any documentation on the old house located on the property.  Mrs. Owings said the house is not listed or inventoried. 

Mrs. Morris said she thinks that the Citizen Participation Meeting went very well and Mr. Clark is to be commended for that.  Mr. Clark said that he wanted to explain to the residents what he is proposing and to let them know that he has nothing to hide.  He invited everyone to visit the development he is working on in Delaware.  He said this project would be similar to that project. 

Mr. Lancaster said he would like to get more information from the County regarding traffic on this road.  He would like to know what information the County uses to determine how much traffic a road can handle and how they project growth on that road.

Mrs. Morris asked if Mr. Clark would like to share any other comments.  Mr. Clark replied no.  Mrs. Morris asked if Mr. Clark had any questions for the Board.

The Board took a ten minute break.

#07-30 Kent County Emergency Management – Variance and Special Exception

The Kent County Office of Emergency Services and the State of Maryland are requesting a special exception and variance, as well as site plan approval, to construct a 330-foot public safety communications tower.  This is one of four towers built or to be built in the County, which is part of a larger state-wide network.  The proposed tower will be located at 5809 Crosby Road (Sharptown Transfer Station), a 30.24 acre parcel owned by the County.  The surrounding area is characterized by residential uses to the west and farmland to the east.  A private tower, which was built in 2001, is located on the adjacent farm owned by Arthur Dierker.

Gregg Bird, Chief of Communications, and Sue Willits, Director of Emergency Services were present and sworn in with staff by Chairman Morris. 

Ms. Martin reviewed the staff report giving a description of the proposal and relevant issues.  The applicable law for a special exception is found in Article VII, Section 7.41 and Article VII, Section 2; for a variance in Article VI, Section 3.2 and Article IX, Section 2.2; and for site plan review in Article VI, Section 5.3.B, of the Land Use Ordinance.

Staff recommends a favorable recommendation to the Board of Appeals for the special exception for a public utility.  There is a public need to improve emergency communications within the County and between other jurisdictions.  The new system will allow for interoperability between multiple agencies.

Staff also recommends a favorable recommendation to the Board of Appeals on the variance for a 330-foot tower.  Based on the antenna assignments for the Chestertown tower, public safety agencies are utilizing space on the tower from 120 feet to 330 feet.  The need for a variance is due to the nature of modern communications systems.

Staff further recommends granting final approval of the site plan.  The facility has been located in a wooded area with existing access.  The County has conducted soil borings in the proposed location and the site is suitable.  The fenced compound meets the yard setbacks for the district.

Mr. Bird said the staff report summed up the application very well.  He said that this tower is needed not only for protecting the citizens and visitors to the County but also the public safety agencies and the volunteer responders.  The old tower system that was in place when the County was required by the FCC to move from a low band system to a high band system and then to a narrower high band system does not provide adequate coverage with the existing antennas.

Mrs. Morris asked if there was anything in the County this tall.  Mr. Bird said yes, there is one on Route 291 behind the SHA garage, which is actually part of this tower system. 

Mrs. Morris said this is a recommendation to the Board of Appeal and a decision of the Site Plan.

Rev. Freeman asked where the tower would be placed.  It was pointed out on the map. 

Mr. Bird said with this new system he would be able to stand in Kent County and talk to someone in other parts of the state with a handheld radio.  This system will also allow different agencies to communicate with each other on the same system.  This system will allow radio communications throughout the State in an emergency or statewide disaster.

Craig O’Donnell asked if anyone from the State was present at this meeting.  Mr. Bird said no, they had previous commitments.  Mr. O’Donnell then asked if the consultant was present today.  Mr. Bird said yes he was.  Mr. O’Donnell went on to ask how may photo simulations were provided.  Mr. Bird said there are two in the report and he brought seven more with him today.  He presented them to the Board.  Mr. O’Donnell asked if the photo simulations have ever been available to the public before.  Mr. Bird responded at the public meeting in Rock Hall the photo simulations were available to the public then.  Mr. O’Donnell viewed the photos.  Mr. O’Donnell asked if any comments had been received from the Scenic Byways.  He also asked if the State has submitted anything on Aaron Chapel or the cemetery.  Ms. Martin responded no, they have not received anything.  Mr. O’Donnell asked if the tower will be visible from the Harbor or the Bay off Rock Hall.  Mr. Bird responded that it is possible. 

Mrs. Langenfelder made a motion to send a favorable recommendation to the Board of Appeals for approval of the Special Exception for a Public Utility.  The Board based is decision on the following findings:

<        There is a public need to improve our emergency communications within the County and also within other jurisdiction on the Shore and in the State. 

<        This new system will allow interoperability between different agencies in the State and in the County when there is an emergency. 

<        The State and the County investigated the feasibility of using the existing tower on the adjacent property and it was determined to not be feasible to increase the height of that tower. 

<        The proposed tower will be located on County property and will use the existing entrance

<        There will be limited traffic for maintenance only. 

<        The immediate area is surrounded by forest and farmland. 

<        The two historic sites that are nearby are more than 700 feet from the proposed tower so there should be no negative impact. 

<        Because of its height the FAA requires the tower to have lights. 

<        This tower is designed to collapse rather than fall over. 

<        There will be no impact on fish, wildlife or plant habitat. 

<        This application is consistent with the Comprehensive Plan. 

The motion was seconded by Mr. Sutton and the vote was unanimous.

Mr. Sutton made a motion to send a favorable recommendation to the Board of Appeals for approval of the Variance of 130 feet.  The Board based it decision on the following findings:

<        The variance is needed for complete coverage across the County, and the tower will close the gaps in communications for the emergency and volunteer personnel in this County

<        Having one tall tower will eliminate more, but shorter towers.  The height is needed to get the most optimum coverage.

<        Due to modern technology the radio systems will not operate with a lower tower. 

<        This tower will enable the various agencies in Kent County and other parts of the State and neighboring jurisdictions to communicate. 

The motion was seconded by Rev. Freeman and the vote was unanimous.

Mr. Bird said that Mr. Carroll did a good job of preparing the site plan.  It is accurately marked.  Mrs. Morris asked if there would be a fence around the base of the tower and would there be a building to go with the tower.  Mr. Bird said there would be a fence surrounding the tower and a building would be needed.  Rev. Freeman asked if the gate would be locked.  Mr. Bird said that it would be locked.

Mrs. Morris asked for questions or comments from the audience. 

Mr. O’Donnell asked if it will require any special foundation.  Mr. Bird said it has poured concrete footers for the legs of the tower.  It has a 40 x 40 concrete pad that is approximately two feet deep under the tower. 

Rev. Freeman made a motion to approve the site plan.  The Board based its decision on the following findings:

<        The tower will be located in a wooded area. 

<        The County has conducted soil tests for the location site and the site is suitable. 

<        The proposed tower is consistent with the Comprehensive Plan. 

<        The tower will operate on frequencies designated by the FCC. 

<        The tower will require routine maintenance several times a month but will not interfere with the operation of the Transfer Station. 

<        There will be no demands on public services. 

<        The facility will not require water or sewer service. 

<        The base of the tower and the equipment should not be visible from the road or other structures. 

<        No trees will be removed. 

The motion was seconded by Mrs. Langenfelder and the vote was unanimous.

#06-153 Miller’s Marine Service, Inc. / Richard Miller – Site Plan Review

The applicant requests site plan review to add boat trailer sales to their existing marine business on the corner of Tolchester Beach Road (Route 21) and Tolchester Road (Route 445) near Tolchester.  The property is currently used for boat repair and storage.  The site plan shows two areas for the storage of the trailers.  One is located behind the existing 1 story frame building; the other is in the front yard between the frame building and Tolchester Beach Road

Richard Miller and William Carroll were present and sworn in with staff by Chairman Morris.

Mrs. Owings reviewed the staff report which included the Applicable Law found in, Article V, Section 10 which establishes the design and environmental standards for the Crossroads Commercial District, and Article VI, Section 5.5 which establishes the procedures for site plan review. 

There was no correspondence.

Mr. Carroll said this used to be the old Homestead Tavern and Mr. Miller purchased the property seven years ago.  He and his wife live in the house.  The old bar is where he stores parts and tools for maintenance and repair of boats.  Mr. Miller has done extensive landscaping in front of his house.  He would like to keep some of his trailers on display so he can sell them.  He would like to put them in the front yard; however if need be, he will put all of them in the back yard. 

Rev. Freeman asked how many boats are on the property now.  Mr. Miller said about 25.

Mrs. Morris asked how many trailers are currently stored in the front yard.  Mr. Miller said 8 or 10 but they are stacked.  Mrs. Morris stated that if they are stacked they are not for display purposes.

Rev. Freeman said the area on Route 445 needs to be softened and cleaned up.  It looks terrible.  Screening needs to be done. 

There were no questions or comments from the audience.

Mrs. Langenfelder made a motion to issue a Temporary Retail Sales permit for outdoor boat sales.  This permit will be good for 45 days beginning April 9, 2007 on the condition that the storage of the boats and trailers is in the back yard.

The motion was seconded by Mr. Sutton and the vote was unanimous. 

Mr. Miller will return to the May meeting for final review. 

DEFINITION OF RETREAT

At its March meeting, the Planning Commission participated in a lengthy discussion concerning the definition of retreats as a result of the Brampton application.  Mrs. Owings reported that The Board of Appeals approved the expansion of Brampton Inn without much discussion concerning the definition of retreat.  Staff knows other country inns with possible expansion plans.  Staff is seeking guidance from the Board as to whether they want to work on the definition of retreat or create a new category for larger county inns,. 

After a discussion, the Board asked Mrs. Owings to prepare a chart of other jurisdictions and how they handle this topic.  Mr. Hickman asked Mrs. Owings if she could attempt to find a model that Kent County could follow. 

STAFF REPORTS

Ms. Moredock informed the Commission that the Kent County Total Maximum Daily Load Committee continues to meet to address nitrogen and phosphorus reductions and best management practices.

Ms. Martin informed the group that the first application from someone who wants to be nominated to the Kent County List of Historic Places has been received.  This application will come before the Planning Commission in May. 

Mrs. Owings stated that the Board of Appeals approved the Brampton application and the Corson application. 

Mrs. Owings reviewed the list of comments from the Planning Commission that are to go to the consultant for the Worton – Butlertown Plan.  The Board approved the comments.  (list of comments attached)

The next meeting is scheduled for May 3, 2007 at 1:30 p.m. in the County Commissioners Hearing Room, 400 High Street, Chestertown, MD.

There being no further business, Chairman Morris adjourned the meeting at 5:35 p.m.

_____________________________________

Elizabeth H. Morris, Chairman

____________________________________

Kimberly B. Dixon, Secretary