KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, July 5, 2007, in the County Commissioner’s Hearing Room at 400 High Street, Chestertown, Maryland, with the following members in attendance: Elizabeth H. Morris, Chairman; William S. Sutton; Patricia Langenfelder; Rev. Ruben Freeman; Marcy Brown; G. Mitchell Mowell, Attorney; Gail W. Owings, Planning Director; Carla A. Martin, Community Planner; Amy Moredock, Environmental Planner and Kim Dixon, Secretary.

MINUTES – The Minutes of the June 7, 2007 meeting were approved as written.

APPLICATIONS FOR REVIEW

Tyson and Saville Janney – Front Yard and Buffer Variance – The Janney’s are requesting a variance to construct a multiple story single family dwelling within the 100 foot Critical Area Buffer. The 0.36 Acre property is located on Quaker Neck Road (Maryland Route 289) in the Seventh Election District. The property is zoned CAR, Critical Area Residential, and is located along the Chester River Yacht and Country Club Lake. The totally wooded parcel is currently undeveloped and located entirely within the 100’ Critical Area Buffer. The footprint of the proposed dwelling is approximately 1,370 square feet and is situated 11 feet from the Lake. The applicants’ proposal appears to meet the impervious surface requirement for a parcel of its size. The building elevations show a cantilevered porch which does not appear on the site plan. This additional square footage will need to be added to the measurement from the rear lot line and the total impervious calculations. The surrounding area is characterized by waterfront homes along Quaker Neck Road, the Country Club Estates Subdivision, and Quaker Estates with a mixture of one and two story homes and agricultural land and the CRYCC.

Present and duly sworn was Tyson Janney and staff. Also present on behalf of the applicant was C. Daniel Saunders.

Amy Moredock presented the staff report to include applicable law: Article V, Section 5.5 of the Kent County Land Use Ordinance establishes the minimum yard requirements; Article V, Section 2.7.B3a addresses development in the buffer; Article IX, Section 2.2 authorizes the Board of Appeals to grant variances from they yard and buffer requirements so as to relieve practical difficulties.

Staff recommends denial. However if the board is inclined to approve the application, then the approval should be contingent upon the following: 1) Mitigation of 3:1 for disturbance within the buffer should be required consisting of a mix of native trees and shrubs; 2) Stormwater runoff from proposed dwelling should be directed to stable vegetation in the form of rain gardens (biorretention areas); and 3) Pea gravel shall be placed beneath the proposed deck. There was no correspondence in this matter

Mr. Saunders stated that the property has been owned by his client since 1970. His aunt owned the property prior to Mr. Janney. It has been an existing lot for many years. There is an allocation for sewer and water for this property and the Janney’s have been paying this allocation fee every month for years. The site is entirely in the buffer and a variance would be needed to do anything on the property. Mr. Saunders disagrees with staff when they say this is a large house on a small lot, other houses in the area are huge compared to this one. He feels this is a modest dwelling. He said this proposed dwelling would be infill.

Ms. Brown asked what the height of the structure is. After reviewing the plan it was determined the height to be 36 feet 9.75 inches at the rear elevation. Ms. Moredock stated that the dwelling would be within the height restrictions. Ms. Owings asked if the structure at the top of dwelling is a cupola or a widow’s walk. Mr. Janney said that it is purely decorative. Ms. Brown asked for the dimensions of the house and Mr. Janney said it is 22 by 55.

Ms. Morris asked for audience comments. Paige Roe Barroll was sworn in and testified that she is concerned about the dangerous curve at this site on Quaker Neck Road.. She said there are currently many accidents there and adding an entrance to the road from this property would make the situation worse. She is also concerned about the erosion into the lake. She said the property often floods.

Rev. Freeman asked if an application had been obtained for access from State Highway Administration. Mr. Saunders said that would be done during the permit process.

Mr. Saunders summarized by saying the traffic is a concern because people don’t obey the speed limit and his client should not be held responsible for that. He said it is an existing building lot with sewer access. He feels he has demonstrated a hardship because of the nature of the property.

Ms. Brown made a motion to make an unfavorable recommendation to the Board of Appeals for the following reasons:

• The property is located on a dangerous curve on Quaker Neck Road.
• The property is within the 100 foot floodplain.
• The property is totally within the 100 foot buffer.
• The lot is fully forested which will help with erosion and placing a house on the property could worsen the problem.
• It is understood that the entire property is within the Critical Area Buffer.
• It is understood that a sewer allocation has been faithfully paid on the property.
• If the Board of Appeals is inclined to approve this application, it is recommended that there be 3:1 mitigation for disturbance within the buffer, stormwater runoff should be directed to stable vegetation in the form of rain gardens or biorretention areas and or rain barrels and pea grave shall be placed beneath the proposed deck. Also the proposed dwelling should be minimized in size.

The motion was seconded and approved to send an unfavorable recommendation to the Kent County Board of Appeals.

Weston Associates – Major Subdivision and Road Waiver –Weston Associates wish to subdivide an existing dwelling from their 204.26 acre farm. Access will be provided by the existing farm lane which is proposed to become a private road with a 50 foot right of way. A road waiver is required because more than five parcels have been created since 1969 and therefore it is a major subdivision. In 1988, four lots were created on Rosedale Cannery Road on the opposite side of the farm as a minor subdivision. In 1998, the previous owner sold an easement to the Maryland Agriculture Land Preservation Foundation. The current owners want to subdivide the existing, farm house from the farm. No future residential subdivisions are possible. The property is in the Second Election District, and is zoned “AZD” Agricultural Zoning District.

Richard Lankford and Lewis McDonald request concept review for a major subdivision of one 2-acre lot from their 204.26 acre farm located on Still Pond Road (MD 292) north of Still Pond in the Second Election District. The property is zoned “AZD” Agriculture Zoning District. The proposed lot will be located off a private road (existing driveway). The surrounding area is characterized by open fields and scattered houses.

Carla Martin reviewed the Staff Report to include applicable law: Article V, Section 1.8.B.3 establishes the criteria for private roads; Article IX, Section 3 authorizes the Planning Commission to grant a waiver of the private road requirements; Article V, Section 1.5 establishes area, density and width requirements; Article V, Section 1.7 sets forth environmental standards for the Agriculture Zoning District; Article V, Section 1.8 sets forth design standards; and Article VI, Section 6.3.B.15 directs the Planning Commission to prepare findings of fact. Staff recommends approval.

There was no correspondence in either of these matters.

Present and duly sworn were Richard Lankford, Jr., Lewis McDonald, staff, and Michael Scott.

Mr. Scott stated that this is a 204 acre farm. He said that this is the last lot that can be subdivided. This lot will be sold. He said a road waiver will be needed for access to the property. Mr. Scott said the sale of the house and this property will not obstruct the farmland.

There were no audience comments.

Ms. Langenfelder made a motion to approve the road waiver based on the findings of fact:

• It is considered a major subdivision.
• Kent County Land Use Ordinance authorizes the Planning Commission to grant a waiver the private road requirement to be for an extraordinary hardship.
• The road is part of that is part of the original farm lane and the lot and the remaining farmland will be the only parcels to be served by the road.
• No additional residential subdivision will be allowed on this farm.

The motion was second and approved unanimously.

There was a discussion regarding the major subdivision. There were no suggestions presented. They will be back for preliminary at a later date.

Howard Thieme – Road Waiver – Mr. Thieme wishes to subdivide one lot from the center of his 228 acre farm. Access will be provided by the existing farm lane which is proposed to become a private road with a 50 foot right of way. A road waiver is required because five parcels have been created since 1969 and therefore it is a major subdivision. All of the previous lots fronted onto public roads. The property is in the First Election District, and is zoned “AZD” Agricultural Zoning District.

Carla Martin reviewed the staff report to include applicable law: Article V, Section 1.8.B.3 which establishes the criteria for private roads and Article IX, Section 3 authorizes the Planning Commission to grant a waiver of private road requirements. Staff makes no recommendation but offers the following for consideration:

• The waiver will not cause a substantial detriment to neighboring properties.
• It is consistent with the transportation principles in the Comprehensive Plan to minimize the number of access points and assuring a “real need” for new roads.
• The need for a private road is for the applicant’s convenience. The applicant could create a flag lot with frontage on the public road. The applicant could locate the proposed house on the public road and the applicant could find an alternative to subdividing the lot.
• The road waiver is not needed to provide access to an existing house setback from the road.

There was no correspondence in this matter.

Present and duly sworn was Wayne Thieme and Michael Scott.

Mr. Scott testified this road waiver is needed for the subdivision that the Planning Commission discussed at the last meeting. He has spoken to the Health Department regarding the location of the percolation site and Mr. Beskid told him that this was the only area that would work. Mr. Thieme stated that his father has asked him to take as little land as possible and not getting this road waiver would cause him to not have access to the subdivided lot.

Ms. Morris asked if anyone has contacted Mr. Thieme regarding the house that is currently on the property. Mr. Thieme stated that no one has contacted him directly. He said Dave Leager supposedly had somebody that may be interested but he had not heard anything definite, this could be the same thing he has heard in the past.

Ms. Brown stated that in order to grant the waiver it must be found that there is an extraordinary hardship caused by unusual topography or that the strict application of these provisions result inhibiting the goal of the Comprehensive Plan or Ordinance. What is the extraordinary hardship in this matter. Ms. Martin stated she did not see one. Mr. Hickman asked if the percolation would be an extraordinary hardship. Ms. Martin said that would not be.

There were no audience comments.

After a discussion, Ms. Brown made a motion to not grant the road waiver finding:

• Although the waiver will not cause a substantial detriment to adjacent or neighboring properties.
• There is not an extraordinary hardship.
• There is a possibility to create a flag lot that would encompass the existing driveway.

The motion was seconded. There was not a 2/3 approval, therefore the motion did not carry.

Mr. Lancaster made a motion to approve the road waiver finding:

• There is no substantial detriment to adjacent properties.
• The waiver is consistent with the Comprehensive Plan and the Village Plan and the general intent of the Ordinance.
• The hardship is not in the topography but in a series of problems and things such as only one perc site that was acceptable and was nearly adjacent to the old house that is already there.
• The home site is predicted to be very close to where the home site is now which allows for the road to be used which would prevent any additional roads from coming off of the highway.
• The hardships are not something that can be attributed to the applicant’s own actions.
• If approved a road maintenance agreement must be signed.

The motion was second. There was not a 2/3 approval, therefore the motion did not carry.

Shrewsbury Church – Patricia Norvell – Special Exception and Site Plan – Shrewsbury Church requests a special exception and site plan approval to operate a pre-school on the property owned by the Shrewsbury Church and Rectory on Shrewsbury Church Road in the Second Election District. She proposes to operate 2 half day educational pre-school sessions with approximately 13 children per session in the existing fellowship hall located near the existing church. The property contains an historic church, several out buildings, and a cemetery. It is surrounded by farmland, two poultry houses, and existing forest. The structures and parking needed for the pre-school exists. The property is zoned “AZD”, Agriculture Zoning District.

Gail Owings reviewed the staff report to include applicable law: Article VII, Section 2 sets forth standards applicable to all special exceptions and Article VI, Section 7.38 grants the Board of Appeals the authority to grant a special exception for private schools in AZD. Staff recommends approval.

There was no correspondence in this matter.

Present and duly sworn were Pam Quarstein and staff.

Ms. Quarstein stated that the vestry would like to go forward with the pre-school. She presented pictures of the existing building and play yard. Ms. Brown stated that it makes good sense to have a school of this type in an existing building with a playground already attached and would be safe for the kids. Ms. Quarstein stated that in 1728 a school existed on this site and continued until 1923 when the public school system came into effect. They would like to reopen the school because a lot of people have requested a pre-school.

There was no audience comment.

After a discussion, Ms. Brown made a motion to send a favorable recommendation to the Board of Appeal regarding the Special Exception finding:

• The proposal is consistent with the Comprehensive Plan.
• It will provide new educational services in the County.
• It promotes the churches.
• It is a small school that will have no impact on public services.
• The building is already on site.
• There is plenty of parking.
• There will be no adverse effects on fish or wildlife.
• The playground is existing.
• There was a school on this site although not in the last 85 years.
• There is a house of worship on site that makes it an existing site of gathering already.
• This is an appropriate use of the land and structure.
• It will have little or no impact on the surrounding area.
• This is a permissible special exception under the zoning article.

The motion was seconded and approved unanimously.

Ms. Brown made a motion to grant preliminary and final approval of the site plan with the following conditions:

• A fence that is at least three feet tall be constructed around the play area.
• A building is appropriate for this use.
• Proposal is consistent with the Comprehensive Plan and Ordinance.

The motion was seconded and approved unanimously.

Kent Sand and Gravel – Special Exception – Kent sand and Gravel requests a special exception to continue to wash and mine grave from its 193 acre gravel pit on two parcels on Alexander Road in the First Election District, near Massey. One of the adjacent properties is owned by Alex Acres, LLC. The other property is owned by Alexander, LLC. As sections of the pit are completely mined, those areas are being reclaimed and upon final reclamation will consist of a permanent impoundment of 130 acres. The properties are zoned Agricultural Zoning District and are surrounded by farmland.

Gail Owings reviewed the staff report to include applicable law: Article VII, Section 2 which sets forth the standards applicable to all special exceptions; Article VI, Section 7.52 grants the Board of Appeals the authority to grant a special exception for gravel pits; Article VI, Section 3 permits the Board of Appeals to place conditions on approvals so as to reduce or minimize any effect of such use upon their property in the neighborhood. Ms. Owings also reviewed the previous conditions that were placed on this permit. Staff recommends approval provided that they provide the information on continuing to have their State permit and updating on the reclamation progress.

There was no correspondence in this matter.

Miles Bennett and staff were present and duly sworn.

Ms. Morris asked if any complaints had been received regarding the operation. Ms. Owings said there have been no complaints regarding this applicant. Mr. Bennett showed some of the restoration to the banks and explained the aqua-culture operation. He submitted a copy of their local mining permit.

Mr. Bennett testified that this site supplies many local contractors and hires local people. Ms. Brown asked how many acres have been mined. Mr. Bennett stated that 98 acres have been disturbed and 48 acres have been restored.

There was no comment from the audience.

After a brief discussion Ms. Brown made a motion to make a favorable recommendation to the Board of Appeals finding the following:

• Approximately 98 acres of the 193 acre pit has been mined or disturbed to date and part has been reclaimed in the form of a pond that has been stocked by the Maryland Department of Fish and Game and fishing has taken place from the pond.
• The project is being phased and sequenced and reclamation is happening accordingly
• There is a 3:1 slope under the water and a 4:1 slope above the water.
• Truck traffic is not being routed through the town of Massey.
• Appropriate maintenance on Alexander Road per conditions set by the County Engineer.
• There is a sediment control plan in effect that will address the dust from the operation and will continue for the next five years.
• The Special Exception should be reviewed in 5 years per the Kent County Land Use Ordinance.
• All material and equipment are on site and screened and protected by a berm.
• No material will be brought in from off site.
• The operation will follow an approved restoration plan from the Surface Mining Division of Water Resources Administration of the Maryland Department of the Environment.
• The reclamation process at present has been restored to an approved aquaculture operation.
• Hours of operation will be from 6:00 a.m. until 4:00 p.m. 6 days per week.
• One parcel can not be sold without the other.
• The topsoil stockpiled along Route 301 has been permanently seeded and cannot be seen from Route 301.
• There is a bond in effect and it will continue in effect.
• The applicant will not affect non-tidal wetlands.
• This is a good use of the site.
• Traffic patterns have worked appropriately.
• No changes have been made with proximity of dwellings, houses of worship, schools, public structures and other places of public gathering.
• The impact of the project will continue as it has for the last five years.
• Noise, vibration, smoke or particulate matter and other hazards to surrounding properties have not changed.
• It is consistent with the Comprehensive Plan and the Land Use Ordinance.
• It is consistent with the Critical Area program.
• The special exception shall be for a period not to exceed five years.
• There are no threatened or endangered species on the property.
• Operation does not disturb the 100 foot buffer or the stream protection corridor.

The motion was seconded and approved unanimously.

Miller’s Marine Service – Final Site Plan Review – Miller’s Marine Service requests final site plan approval to add boat trailer sales to his 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 one area for the storage of the inventory of trailers located behind the existing 1 story frame building. A landscape plan is included on the final plat. The 3.247 acre property is zoned “CC” Crossroads Commercial. Farmland is across Tolchester Road but it is otherwise surrounded by woodland. Public sewer serves the site.

Present and duly sworn were Richard Miller, staff, and William Carroll.

Gail Owings reviewed the staff report to include applicable law: Article V, Section 10.5 which establishes the area, density and width requirements for the Crossroads Commercial District; Article V, Section 10.10.7.3 sets forth the requirements for forest conservation; Article V, Section 10.8 B sets forth design standards; and Article VI, Section 5.5 sets forth standards for reviewing a site plan. She said they have received all required letters of credit.

Staff recommends approval of the final site plan. The plan meets the requirements. Staff recommends approval of outdoor storage and sales of boat trailers. The use is permitted and consistent with the Comprehensive Plan.

There was no correspondence in this matter.

Mr. Carroll said they have been over this plan before and that the landscape area is indicated on the plan along with the detail.

There was no audience comment.

Ms. Brown made a motion to approve this final site plan finding:

• There will be two red buds planted in the front yard.
• There will landscaping around the sign.
• The building meets the yard requirements and the location for trailer sales and storage is provided in the rear.
• Landscaping is proposed for the front yard.
• The side yard on Tolchester Road has been beefed up with the addition of Eastern White Pines.
• All boats will be in the rear yard.
• No boats will be in the front.
• 20 percent of the site will be forested.
• A forest conservation plan has been submitted.
• The application complies with the Comprehensive Plan.
• The landscaping is consistent with the Land Use Ordinance.
• Plan meets requirements.
• All bonds have been received.

The motion was seconded and approved unanimously.

Staff Reports:

Amy Moredock reported that the final meeting of the Fairlee – Georgetown Village Master Plan was held last week and the draft was posted on line.

Carla Martin informed the Board about a press release from the Public Works dealing with the approval of MALPF easements acquisitions.

Gail Owings stated that the hearing on Drayton Manor will be held on July 9, 2007 in the Commissioner’s Hearing Room, 400 High Street, Chestertown. She also said the Worton - Butlertown Village Master Plan meeting will be held on July 16, 2007 and the Kennedyville Village Master Plan meeting will be held on July 17, 2007. She further informed the Board that the County Commissioners have approved an additional planner to work with the villages.

There being no further business the meeting was adjourned at 5:00 p.m.

The next meeting will be held on Thursday, August 2, 2007.

____________________________________________

Elizabeth Morris, Chairman

____________________________________________

Kimberly Dixon, Clerk

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