KENT COUNTY, MARYLAND
PLANNING AND ZONING

            The Kent County Planning Commission met in regular session on Thursday, August 2, 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; F. Joseph Hickman; Jay P. Lancaster; Marcy Brown; Gail W. Owings, Planning Director; Carla A. Martin, Community Planner; Amy Moredock, Environmental Planner and Kim Dixon, Secretary.

MINUTES – The Minutes of the July 5, 2007 meeting were approved with corrections.

APPLICATIONS FOR REVIEW

Weston Associates – Major Subdivision – Richard Lankford and Lewis McDonald request preliminary review for a major subdivision of a two 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” Agricultural Zoning District.  The proposed lot will be located off a private road (the existing driveway).  The surrounding area is characterized by open fields and scattered houses.

Present and duly sworn was Michael Scott, Lewis McDonald, and Rick Lankford.

Carla Martin, Community Planner presented the Staff Report to include applicable law Article V, Section 1.5 which established the area, density and width requirements for development in AZD; Article V, Section 1.7 sets forth environmental standard; and Article VI, Section 6.3.B.15 directs the Planning Commission to prepare findings of fact concerning the reasonable fulfillment of objectives.  Staff recommends granting preliminary approval.  As part of its motion the Planning Commission needs to make a finding on allowing the lot to be greater than one acre.  The Foundation will allow up to two acres in order to meet Health Department or County requirements.  The location of the new septic system, existing well and old system may create a need for a larger lot.  In addition, the proposed lot lines place the existing dwelling in the center of the proposed lot and follow an existing natural boundary between yard and field.  There was no correspondence in this matter.

Mr. Scott testified they would like to use the existing yard so two acres would work better than one acre.  He stated that the existing septic is on one side and the proposed septic is on the other side.  Ms. Brown asked if the septic was a field.  Mr. Scott said he has no idea, only the septic tank was dug up.  Ms. Morris asked if there are plans to switch before the system fails.  Mr. Scott stated no, it will be left alone until it fails.  Mr. Sutton asked if the Health Department was satisfied with the proposed system.  Mr. Scott said that is correct.  Ms. Langenfelder stated there would have to be a need for two acres because of the MALPF laws.  Ms. Brown asked what the law was for staying away from a residence when spraying the fields.  Mr. Lankford stated the requirement is sixty-five feet from a working well.

Ms. Morris asked for audience comments.  There were none.  She asked Mr. Scott if he would like to make a closing statement.  Mr. Scott said he feels everything has been stated.

After a discussion, Ms. Brown made a motion to grant preliminary approval of the subdivision citing the following:

• It meets all the bulk requirements.
• There has been a Declaration of Intent for Forest Conservation.
• There is a Road Maintenance Agreement which has been approved by the County attorney.
• It will be an existing homestead that will be divided from a farm in easement.
• The subdivision should have two acres due to the placement of the septic reserve, existing septic and existing well.
• There are natural boundaries and buffers that would be maintained by the homestead owner.
• The buffers are necessary to help avoid conflicts.
• The current septic system will not perc.

The motion was second and approved unanimously.

Gerard and Karen O’Conner – Langford Farm – Adjustment of Building Envelope – Mr. and Mrs. O’Conner request approval to adjust the building restriction line on Lot 8 in the Langford Farm Subdivision in the Seventh Election District on Pentridge Lane.  The property is located off of Pentridge Lane and abuts the East Fork of Langford Creek.  The property is 3.39 acres and is zoned RCD, Resource Conservation District.

Present and duly sworn was Karen O’Conner and Jennifer Lieber. 

Ms. Moredock presented the staff report to include applicable law Article, V, Section 2.7 which establishes the environmental standards in the Resource Conservation District; Article VI, Section 6.4.E lists the requirements for final plat.  Staff feels this proposal will correct an existing problem in the location of the dwelling which was built in 1989 and is consistent with the allowed setback for an accessory structure located in a rear yard of the RCD.  Staff recommends approval of the removal of all references to building pads on this lot and on this plat.  There was no correspondence in this matter.

Ms. Lieber stated that the existing house was built outside of the building pad.  They would like to adjust the pad to encompass the existing dwelling and the accessory building they are proposing.  They would like to get rid of the building pad and go by the existing setback standards. 

Ms. Brown asked why the house was built outside the existing envelope.  Ms. O’Conner said she did not know the house was already built when they purchased the property. 

There were no audience comments.

After a discussion Mr. Hickman made a recommendation for approval of this application to remove the building envelope on the plats.  The motion was seconded and approved unanimously.

Knights Landing II – Major Subdivision - Country Living LLC and the Kent County Department of Water and Wastewater request approval to amend the Knights Landing II, Section II, Phase VI by adding one additional lot which will be conveyed to the County Commissioners.  A water tower will be constructed on the lot.  The lot, number 87, is located on Heather Lane and is 10,484 square feet in size.  Access to MD Rt. 298 will be via Plum Drive.  The property is zoned “V” Village and adjoins several farms as well as single family dwellings. 

Present and duly sworn was Barry Ebersol.

Mrs. Owings gave the staff report to include applicable law Article V, Section 7.5 which establishes the density, height, area and yard requirements for the Village District; Article V, Section 7.8C1 sets forth the site access standards for new development; Article VI, Section 6.3B15 directs the Planning Commission to prepare findings of fact concerning the reasonable fulfillment of the objectives.  Staff feels the Comprehensive Plan encourages development in and around existing towns and villages, the proposal complies with the density and bulk requirements and this is a continuation of an existing subdivision.  Therefore, staff recommends approval of the final plat.  There was no correspondence.

Mr. Ebersol said he agrees with the Staff Report. 

Ms. Brown asked that if by creating another lot won’t that increase the density.  Mrs. Owings stated no because the lot will be used for a water tower.  Mr. Hickman said that the major concern was not creating the lot but what was going to go on the lot.  Ms. Morris expressed concern about keeping children off the water tower in a development like this.  Mrs. Owings stated that there is a water tower in Dogwood Village, one in Fairlee that sits in the middle of the community and two in Rock Hall.  Mr. Ebersol stated that McCrone is working with the Department of Water and Wastewater and under contract for designs to upgrade the water system in Worton and the tower has been identified as a need to solve both existing storage deficiencies and future storage deficiencies.  They have looked at a number of sites in the Worton area and this site is most advantageous both financially and hydraulically for the operation of the system.  The existing wells and treatment operations will continue to be maintained in the building where they currently exist which is about one mile from this site.   Mr. Sutton asked if the people who live in the immediate area of the proposed tower have been notified.  Mr. Ebersol stated he cannot answer this question.  He only knows what has taken place between the County and the landowner.  Mr. Hickman stated he is worried that the homeowners do not know about this.  He feels that the homeowners should have a say.  Ms. Brown agrees that the neighbors need to be made aware of this proposal.  There were no comments from the audience.

After a discussion, the following recommendations were made as concept review:

• There is a concern that the land will be used for a water tower.
• The citizens need to be notified.
• Is this the best place for the placement of the water tower ?  Can it go on the edge of the future development instead of in the middle– perhaps near the woods.
• There are safety concerns regarding the houses and playgrounds.
• It should have a pleasing look to the citizens.
• Although it may cost more to run the lines now, they will need to be run in the future anyway.
• The location should be coordinated with the Village Master Plan.

Oddmund and Hedvig Angell – Major Subdivision – Oddmund and Hedvig Angell are requesting preliminary approval for a 10-lot subdivision located off Crosby Road near the intersection of Route 20.  The lots will have access to Crosby Road from a new cul-de-sac.  The 10.7 acre parcel is zoned Village and Community Residential and is located in the Fifth Election District.

Mr. Angell is proposing six 9,500 square foot lots in the Village portion of the property.  The dwellings will front onto Crosby Road but have entrances from the new road.  These six dwelling may be semidetached duplex type dwellings or detached single-family dwellings.  In addition, four single family dwellings will be built on the back portion of the property.  The existing forest will not be disturbed and sufficient open space has been provided.

Present and duly sworn was Kevin Shearon, DMS Associates, and Oddmund Angell.

Ms. Martin provided the Staff Report citing applicable law Article 7, Section 7.6 which sets forth the general standards for Village; Article V, Section 6.6 sets forth the general standards for Community Residential; Article V, Section 7.7 sets forth environmental standards for the Village district; Article V, Section 6.7 sets forth environmental standards for the Community Residential district; Article V, Section 7.8 sets for the design standard for the Village district and Article V, Section 6.8 sets for the design for the Community Residential district; Article V, Section 7.8.C.10 sets for the Village subdivision standards and Article V, Section 6.8.B.4 sets forth the Community Residential standards.  Staff recommends granting preliminary approval.  Prior to final approval all engineered plans must be approved and letters of credit must be submitted.  There was no correspondence in this matter.  Mrs. Owings added that she has met with the Rock Hall Fire Department who had advised her that with the addition al subdivisions they will require more emergency equipment to serve the emergency needs of the people living in those subdivisions.  She asked the applicant to go talk to the fire department regarding this matter.

Ms. Brown asked how many lots are proposed in the Rock Hall area.  Mrs. Owings stated that there are approximately 85 to 90 lots proposed. 

Mr. Carroll stated that the woodland has been protected by Forest Conservation and the twenty five foot buffer has been increased so no construction can occur in this area.  He said there will be screening along the existing pump station that has been approved by Water and Wastewater.  He also stated that the cul-de-sac has been changed so there will be a sixty-five foot turn around. 

Mr. Shearon stated the County Road details show a large cul-de-sac for easier movement.  The center of it is to be used for landscaping or stormwater.  The practice is now to asphalt the entire cul-de-sac because of maintenance issues.  The County Roads have not given their final word on the landscaped cul-de-sac.  He stated that the issue is for school buses, fire equipment and other issues.  Mrs. Owings stated that they are concerned about snow removal as well.

Rev. Freeman asked where the runoff water will go.  Mr. Shearon stated that Lots 9 and 10 will drain to the easement and Lot 7 and the cul-de-sac will drain towards Crosby Road and the ditch. 

There were no comments from the audience.

After a discuss Ms. Brown mad a motion to grant preliminary approval citing:

• Walking trail in the woods will take care of open space requirements.
• There will be a citizen’s participation meeting held.
• With semidetached and single family houses there is a mix of housing types.
• The density and yard widths are met.
• Lots 1 - 6 will be through lots and have front yards on both Crosby Road and the proposed cul-de-sac.  The applicant is aware of this and is trying to deal with this with building envelopes.
• There has been a twenty five foot forest conservation buffer to protect the forest.
• Landscaping plan needs to be completed and submitted.
• Stormwater management needs to be completed.
• The circle at the cul-de-sac must be approved by County Roads.
• The applicant understands that if the semidetached houses are built on lots 1 – 6 a variance would be required for a zero setback. 
• Screening between the proposed subdivision and the County pump station will be provided.
• There will be deed restrictions to be approved by the Planning Commission Atorney.
• Public water and sewer, as well as electric service are available.
• The Rock Hall Fire Department feels the development is fine; however, they may need additional equipment to serve the residences. 

The motion was seconded and approved unanimously.

Wilson Point Estates, Lot 4 – Major Subdivision – Sassafras Holding Company has submitted for preliminary review of 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 10.7 acres, an extension of Wilson Point road which will be dedicated to the county, and 18.69 in open space.  The proposed single family units are arranged on approximately ¾ acre lots that vary slightly in shape.  With the exception of lots 4 and 5, the lots are adjacent to open space acres.  Each property will have a private septic system and private well.  The approximately 31 acre parcel is currently wooded.  Steep slopes, a ravine and stream forms the southwestern portion of the property.  The stream originates to the north east of the property.  The property is surrounded by single family dwellings, large waterfront lots and a field to the southwest.  It is part of a large, developed woodland that is part of a green infrastructure corridor.  Approximately 3.9 acres of the property is zoned Critical Area Residential.  This portion of the property is designated open space.  The remaining portion of the property is zoned Community Residential.

Present and duly sworn was Nicholas McFoster, Grant Gregor, and Rick Clark.

Mrs. Owings gave the staff report citing applicable law Article V, Section 6.6 which establishes open space requirements for the Community Residential District; Article XI, Section 2.223 defines open space as those areas suitable for common recreational use or which provide visual relief to development areas; Article V, Section 6.7 establishes the environmental standards; Article v, Section 6.7 establishes the forest conservation requirements; Article V, Section 6.8A sets forth the general design standards; Article V, Section B8C1 sets forth the site access standards for new development; Article VI, Section 6.3B15 directs the Planning Commission to prepare findings of fact concerning the reasonable fulfillment of the objectives.  Staff recommends approval of the preliminary plan contingent upon the correction to the forest conservation plan.  Staff listed the following items that should be addressed prior to final review:

• Final Forest Conservation Plans
• The Planning Commission attorney approves deed restrictions that address forest protection including reflection of clearing and impervious surfaces permitted on each lot, forest interior dwelling bird protection, lighting, open space maintenance and permitted uses, and if necessary stormwater management maintenance.
• Road, stormwater and sediment control plans are approved.
• Sureties in the amount of 125% of the estimated costs for landscaping and afforestation, road and utility construction, stormwater and sediment control are approved by the County Commissioners.

Mr. McFoster stated that there have been changes to the septic areas on the plan.  He gave everyone a new set of plans.  He stated that he met with Mr. Beskid of the Health Department and the septic areas on three lots must be moved.  He stated the lots have not changed just the septic areas.  Mr. Gregor stated that the afforestation plan has been discussed with the Planning Office.  Mrs. Owings stated that the afforestation area needs to be expanded either on this property or on another property or a payment into the afforestation fund.  Mr. Gregor asked what would be required regarding the old house on the property.  Mr. Clark said he would like to try to move this house to another location to lot 2.  He does not like to destroy old buildings.  However this may not be possible.  Mrs. Owings stated that the house must be documented thoroughly if the house is to be torn down.  Mr. Clark said he does not want to leave the homeowners with the financial burden of maintaining this house.

Ms. Morris asked for audience comments. 

Mr. Don Gear who resides on Shorewood Road stated that he feels this is a nicely planned new development.  He stated that he has concerns about the health of the pond.  He asked that this be taken into consideration.

Mr. Bob Stevenson stated he feels that they are doing a good job.  He asked for clarification of the septic reserve areas, he asked if the forest would be taken down before the septic areas are used.  Mrs. Owings stated that they do not.

Mr. John Vail stated he is concerned about the health of the pond.  He asked if nitrogen removing septic systems could be used. 

Mr. Doug Yuell informed everyone that he is the President of the Galena Fire Department.  He is concerned about Wilson Point Road and the bridge and loads that will be traveling over the bridge

Ms. Morris asked if the applicant would like to add anything.  Mr. Gregor stated that the bridge is actually a culvert pipe. 

After a discussion, Ms. Brown made a motion to grant preliminary approval based on the following:

• The proposal meets the density, height and yard requirements.
• The applicant is to meet with the Galena Fire Department regarding emergency services to this development.
• An environmental review needs to be completed by Department of Natural Resources.
• An approved Stormwater Management Plan must be in place.
• The pond is fragile therefore contact must be made with the Soil Conservation District.
• An afforestation plan must be approved.
• Lighting must be dark sky compatible.
• The existing house is to be restored, and if not possible it must be documented before demolition.
• A minimum soil erosion is to occur,
• Investigate the possibility of nitrogen removing septic systems.

The motion was seconded and approved unanimously.

Ronald and Robin Fithian – Major Subdivision – The applicants have submitted for preliminary review a seventeen lot major subdivision of their 22.889 acre property on Anderson Avenue and Maryland Route 445 (Tolchester Road) in the Fifth Election District adjacent to the Town of Rock Hall.  The proposed development will consist of seventeen lots on a total of 8.5 acres, a road which will be dedicated to the county and 12.79 acres in open space.  The proposed single family units are arranged on ½-acre lots that vary slightly in shape.  With the exception of lots 13 and 14, the lots back up to open space areas.  Access to the subdivision is from Tolchester Road which is considered a secondary road.  All lots will front on the proposed public road.  The approximately 22.8 acre parcel is currently wooded with pockets of non-tidal wetlands.  It is near the town ball park and is surrounded by single family dwellings to the south and west and woods to the north and east.  The parcel is part of a large forested area that is home to Forest Interior Dwelling Birds and considered a green infrastructure hub.  The property is zoned Community Residential and is served by public sewer and on site wells.

Present and duly sworn were Kevin Shearon, Robin Fithian, Ronald Fithian, and Harry Smith.

Mrs. Owings provided the staff report to include applicable law Article V, Section 6.5 which establishes, density, height and yard requirements; Article V, Section 6.6 establishes open space requirements for the Community Residential District; Article XI, Section 2.223 defines open space as those areas suitable for common recreational uses; Article V, Section 6.7 establishes the environmental standards, Article V, Section 6.7 establishes forest conservation requirements; Article V, Section 6.8 sets forth the general design standards; Article V, Section B.8C1 sets forth the site access standards for new development; Article VI, Section 6.3B15 directs the Planning Commission to prepare findings of fact concerning the reasonable fulfillment of objectives.  Staff recommends approval of the preliminary subdivision plan.  The proposal complies with the requirements of the Kent County Land Use Ordinance, has received the necessary non-tidal wetlands permits from the Maryland Department of the Environment, adequate sewer capacity exists to handle the subdivision, and the preliminary forest conservation plan complies with the requirements.  The following items should be addresses prior to final review:

• Final Forest Conservation Plans which indicate the area of off-site forest conservation or payment into the forest conservation fund.
• The species, size, location and spacing of the street trees are shown on the plat.
• The Planning Commission attorney approves deed restrictions that address forest protection including a maximum amount of clearing and impervious surfaces permitted on each lot, forest interior dwelling bird protection, lighting. Open space maintenance and permitted uses, and necessary stormwater management maintenance.
• Road, utility, stormwater and sediment control plans are approved.
• Application is made to the State Highway Administration for road entrance.
• A walking path to the park is shown on the plat, plans and sureties approved for construction of the path.
• Sureties in the amount of 125% of the estimated costs for landscaping and afforestation, road and utility construction, stormwater and sediment control are approved by the County Commissioners.

Mr. Fithian stated the reason for the subdivision is to give each of his four children a lot in which to build a home someday.

Mr. Shearon testified that approval has been obtained from the State Highway Administration for the design of the access, pending subdivision approval and posting a bond.  The stormwater management has been designed such that it is a non structural system.  There will not be a pond.  He stated that the Maryland Department of the Environment stormwater management guidelines now allow for creative stormwater applications.  The comments from Mr. Joe Blizzard regarding this will be addressed between now and final.  He said the sewer system has been analyzed by Wayne Morris and found that it is adequate to handle the seventeen new taps.  There will be wells on each individual lot.  Mr. Smith stated they have tried to minimize impact to the environment and they have been trying to coordinate some off-site landscaping, possibly with the Town of Rock Hall.  All wetland permits have been obtained.  He stated that the adjoining property owner has offered an easement for a walking path easement from this project to the Rock Hall Park. 

There were no audience comments.

After a discussion Ms. Brown made a motion to grant preliminary approval citing the following:

• The proposal complies with the lot size and widths
• Single family homes are permitted uses.
• Letters were sent to the residents and the Town of Rock Hall Fire Department – the fire department did mention that they are happy with the road design however there may be a shortage of emergency equipment to serve these residents. 
• The wetlands permits have been granted and there will be some wetland mitigation.
• An afforestation plan needs to be approved – talk to the Town of Rock Hall regarding planting within the town.
• Any deed restrictions must be approved by Planning Commission attorney.
• Street trees will be required.
• Lighting must be dark sky compatible.
• There will be a walking path to Rock Hall Town Park through Eckenrode’s property and an easement will be drawn up.
• A stormwater management plan for individual lots must be approved.
• There must be deed restrictions for the forest interior dwelling birds.
• There will be public sewer and private wells for these lots.
• Sureties in the amount of 125% must be in place.

The motion was seconded and approved unanimously.

Caulk’s Field LLC – Concept Site Plan Review - Caulk’s Field LLC requests concept site plan review for a 1½ story, 2533 square foot retail store and covered fuel island on its 1.17 acre property on Maryland Route 20 near Fairlee in the Sixth Election district.  The building will be approximately 42 feet from the front property line (Route 20), 66 feet from the adjacent commercial property and 90 feet from the other side line, and 37 feet from the rear line.  It will house a retail sales area and a dining area.  The fuel area will be located to the rear of the property approximately 40 feet from the farm to the rear of the property and 25 feet from the adjacent commercial property.  Twenty three parking spaces and a bike rack are provided.  One parking space is designated for handicap parking.  Landscaping is proposed in the parking lot, in front of the building, and along the property line shared with the adjacent farm.  The parcel will have direct access from Route 20.  The property is zoned “CC” Crossroads Commercial.  It has previously been used for a convenience store providing fuel.  A farm that is in an Agricultural Land Preservation Easement is located to the rear of the property.  A commercial business is located to the side of the property.  Public sewer and private well will serve the site.  Route 20 is a National Scenic Byway and is within the Stories of the Chesapeake Heritage Area.  There was no correspondence in this matter.

Present and duly sworn was Edward Schaffer and Kevin Shearon.

Mrs. Owings gave the staff report to include applicable law Article V, Section 10.7 which sets forth the environmental standards for the Crossroads Commercial District; Article V, Section 10.7B 3 establishes the forest conservation requirements; Article V, Section 10.88 1 establishes the site access standards; Article V, Section 10.8B 2 and 3 sets forth the parking design standards; Article VI, Section 1 establishes the parking standards for retail stores; Article V, Section 10.8B sets forth a series of landscaping requirements; Article V, Section 10.8B10 establishes the standards for building mass, size and scale; Article V, Section 5 establishes the site plan procedures and requirements.  Staff comments and recommendations were as follows:

• The proposal redevelops a site that has been used for commercial purposes for many years.  It is consistent with the Comprehensive Plan and the Kent County Land Use Ordinance.
• The proposal must meet the requirements of the Kent County Health Department and State Highway Administration.  To comply with the road requirements of the Kent County Land Use Ordinance, the Planning Commission must find that the provision of two entrances on Route 20 promotes traffic safety.  Staff and TAC believe that two entrances arranged as proposed contribute to traffic safety and the overall circulation of the area.
• The site is arranged for convenient and safe movement for pedestrians and vehicles on the site.
• The highways should be able to handle traffic generated by the site.
• The site plan complies with the parking and loading requirements.
• Sediment, stormwater, and water quality plans must be approved prior to final site plan approval.  The Kent County Health Department must review and approve the plans.
• In general, adjacent properties are protected from noise and glare.  Screening or planting of trees that delineate the adjacent property lines and soften the view of the site from the adjacent farm are proposed.  Landscaping is proposed.  A forest conservation plan will be required for review during preliminary site plan. 
• The applicant has made an admirable effort to design the site and structure to integrate the proposal into the existing landscape.
• The applicant has applied for an administrative variance.  The applicant has made an admirable effort to design the site to minimize its impact on the Chesapeake Country National Scenic Byway by placing the fueling area and parking behind the building and landscaping the area along Route 20.  Additional information will be needed during the later phases of review concerning the canopy, signage, and the treatment of the portion of the building, which faces Route 20.  Mrs. Owings stated that a Citizen’s Participation meeting was held.

There was no correspondence in the matter.

Mr. Shearon stated that this is a peculiar lot that they are trying to make the best use of.  He said the canopy and the fueling facility will be located to the rear of the property.  Mr. Sutton asked if there would be a stormwater management pond.  Mr. Shearon said hopefully not.  Ms. Brown asked if the items in the front yard would be removed.  Mr. Shearon said yes they will be planting grass in the front of the building.  He said the building will have a front porch that will be in keeping with the character of the neighborhood.  Mr. Shearon said the project will be on the Fairlee sewer system and a private well.

Ms. Morris asked for audience comments.  Mr. William Norris, Chestertown Road, stated he thinks this would be a great addition to the area and he likes the design and feels it will benefit the citizens.

Mr. Hickman stated that if there is an Agricultural Easement on the neighboring property he does not feel it makes sense to require a bike easement.  Ms. Brown asked what the hours of operation would be.  Mr. Schaeffer stated that the hours would be from 5:00 a.m. until approximately 8:00 or 9:00 p.m. serving breakfast, lunch and a light dinner.  Mrs. Owings asked if they will apply for a liquor license.  Mr. Scheaffer said yes for beer and wine.  Ms. Brown asked if they would be served on site or to go only.  Mr. Schaeffer said both.

Ms. Brown said they may want to explore other options that would require less maintenance than grass in the front of the building.

Dane DeSousa – Major Subdivision – Preliminary Site Plan Review – Dane DeSousa has submitted for preliminary site plan approval of an eight lot major subdivision of his 14.9-acre property located on Sharp Street in the Fifth Election District.  The property is zoned Critical Area Residential.  The proposed development will consist of eight lots, a new road with a cul-de-sac which will be dedicated to the county and 6.29 acres of open space.  There are two areas of open space.  Open space area one is located between lots 5 and 6 and consists of 100 foot stream protection corridor and floodplain.  Open space area two is located across the road from lots 3, 4 and 5 and between lots 6 and 7.  This area consists of 5.34 acres and is comprised of floodplain, a blue line stream, 100 foot stream protection corridor, non-tidal wetlands and 25 foot non-tidal wetlands buffer.

Access to the subdivision is from Sharp Street which is considered a collector road.  The proposed lots average .913 acres in size and vary slightly in shape.  All lots will front on the proposed public road.  Each property will have public water and sewer.  Water will be provided by the Town of Rock Hall, sewer by Kent County Department of Water and Wastewater.

The approximately 15-acre parcel is more than 60 percent wooded.  A blue line stream, 100 foot stream protection corridor, non-tidal wetlands, and 25 foot non-tidal wetlands buffer form the southwestern portion of the property and open space area two.  The stream is a tributary of Gray’s Inn Creek which lies south of the property.

The property is adjacent to the Town of Rock Hall resting on its eastern border and is surrounded by a mixture of single family dwellings and commercial uses.  The parcel is part of a large contiguous woodland habitat that is part of a green infrastructure corridor which reaches south to Gray’s Inn Creek and east to Route 288.

Ms. Moredock gave the staff report to include applicable law Article V, Section 5.5 establishes density, height and yard requirements for the Critical Area Residential District; Article V, Section 5.6 establishes open space requirements; Article XI, Section 2.223 defines open space as those suitable for common recreational use or which provides visual relief to developed areas; Article V, Section 5.7 established the environmental standards; Article V, Section 5.7.B.4 establishes the forest requirements; Article V, Section 5.7.B.5 establishes the Forest Interior Dwelling Birds requirement; Article V, Section 5.8.A sets forth the general design standards; Article V, Section 5.8.B.1 sets forth the site access standards for development in the Critical Area Residential district; Article VI. Section 6.3.B.15 directs the Planning Commission to prepare findings of fact concerning the reasonable fulfillment of the objectives.

Staff will make a recommendation pending the review of the following:

• There are two areas of proposed open space totaling 6.29 acres.  The applicant needs to verify that 60 percent (3.77 acres) of the recreational land is suitable for dry ground recreational use.
• There appears to be fencing proposed around the 20 foot wide landscape buffer on the side and rear of lots 1-5, along the 25 foot non-tidal wetlands buffer in the rear of lots 6-8, and along the fronts of two open space areas.  The applicant should identify the type of fencing proposed and should keep the fence outside of the floodplain and outside of any stormwater management areas.  The applicant must address the fence’s impact on access to open space areas and adjacent properties (if applicable), via pedestrian and bicycle linkages.
• The applicant should address fence maintenance.
• The applicant needs to identify the name of the proposed road.
• Conceptual and schematic plan for the storm drainage system, including the overall drainage area.

Present and duly sworn was Michael Scott and Kevin Shearon.

Mr. Scott stated that many of the requirements have been met with the different agencies. Mr. Shearon said the State has approved this project, they are just waiting on a bond or surety.  He said Joe Blizzard has approved the stormwater management.  The hang up is the maintenance and inspection agreement.  Mr. Shearon said the sewer and water has been approved by the town.  Mr. Scott explained the maximum allowable area for each lot. 

There were no comments from the audience.

After a discussion, Ms. Brown made a motion to grant preliminary approval finding:

• This project complies with the minimum lot size.
• Single Family Dwellings are a permitted use.
• There is 60% dry ground area.
• The Fire Department must be contacted to make sure there is acceptable emergency services and equipment to serve this development. 
• All deed restrictions must be approved by the County attorney.

• Building pad areas must be delineated better.
• Building envelopes outside the wetlands area must be recorded as deed restrictions.
• There must be deed restrictions to protect the habitat.
• Stormwater Management has already been approved.
• Building must occur outside the floodplain and must be noted in the deed restrictions.
• Sureties must be in place before final approval.
• Lighting must be dark sky compatible.
• The road needs to be given a name.
• Any corrections to impervious surface need to be made before final approval.
• Any corrections to the clearing need to be made before final approval.
• Forest Interior Dwelling Bird habitat and clearing must be noted on the plat and submitted on the deed restrictions and submitted prior to final approval.

The motion was seconded and approved unanimously.

Angelica Nurseries / NEXTEL – Site Plan Review and Special Exception – NEXTEL Communications requests a special exception and site plan approval to construct a 154 foot monopole wireless communications tower, one 12foot x 20 foot equipment shelter and a 6 foot x 10 foot concrete generator pad.  The site will have a total capacity for four carriers.  The tower and buildings will be located within a fenced 40 foot x 60 foot compound (entire lease area is 100 foot x 65 foot).  No landscaping is proposed.  The tower is to be placed on a 300 acre farm owned by Angelica Nurseries located at 11129 Locust Grove Road in the Second Election District.  The tower will be in the vicinity of the main nursery compound.  Access will be along the existing drive which will be improved if necessary.  The surrounding area is characterized by scattered residential development and farmland.  The property is zoned Agricultural Zoning District.  There was no correspondence in this matter.

Present and duly sworn was James R. Michal.

Ms. Martin gave the staff report to include applicable law Article VII, Section 7.35 which permits personal wireless facility towers in Agricultural Zoning Districts; Article VII, Section 2 states the Board, or where applicable the Planning Director shall make findings on issues such as nature of proposed site, traffic patterns, nature of surrounding areas, etc.; Article VI, Section 5.3.B contains a list of objectives for the Planning Commission to consider when reviewing site plans.  There was no correspondence in this matter.

There are two motions required for this project – recommendation on the special exception and a decision on the site plan.  Staff recommends a favorable recommendation to the Board of Appeals on the special exception for a personal wireless facility tower.  The applicant has demonstrated a need to close gaps in their existing service and collocation is not possible.  The applicant has tried to be sensitive to historic structures in the area and has sited the tower in such a way that an existing row of trees will help screen the tower.  Staff recommends granting final approval of the site plan.

Mr. Michal presented a letter from the Maryland State Police and one from the Kent County Department of Emergency Services stating they use NEXTEL service and need this tower to allow for better coverage of their existing service.  Mr. Michal explained the proposal for the tower and showed drawings and pictures of what the tower will look like and where it would be placed. 

Ms. Brown asked how many carriers can go on this tower.  Mr. Michal said it would accommodate four carriers.  She asked why they had asked for a tower that was at 150 feet.  Mr. Michal said that was all they need.  Ms. Brown asked if the tower could be extended at a later time.  Mr. Michael said that could be done and agreed to build a tower that could be expanded to 190 feet for future use.  Ms. Brown stated that this may reduce the need for an additional tower at a later date. 

After a discussion Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals regarding the Special Exception citing:

• This is in compliance with the Comprehensive Plan to have communications in the County and that with the ability to have it extendable from 150 feet to 190 feet that allows for a variety of options.
• There evidence of a public need because the Maryland State Police and Kent County Emergency Services use this system and they have dead areas.
• The propagation map clearly shows the need for the tower.
• It is within a mile of a National Register historic property but the finding of fact is that the owner has been contacted and does not believe it is a problem.  The Maryland Historical Trust did not object. 
• NEXTEL’s application is for 150 foot pole however they have agreed to make the pole so that it can be extended to 190 foot. 
• The project will not cause any additional traffic.
• It would not cause dust, glare, etc.
• The color can be of a natural color.
• There will be no light on the structure.

The motion was seconded and approved unanimously.

Ms. Brown made a motion to approve the final site plan citing:

• There will be a 150 foot monopole and a 12 x 20 equipment shelter with a 6 x 10 generator pad.
• The site will have a total capacity of four carriers.
• The tower has the potential to be extended to 190 feet for future use.
• No landscaping is proposed.
• The fence will be 8 feet tall.
• The proposal is in compliance with applicable with Federal, State and County regulations.
• The tower will require routine maintenance however will not increase with traffic.
• The existing entrance will be used to access the site.
• There will be no demand on public services.
• Will not require water or sewer services.
• Will not generate any refuse.
• Base of tower and surrounding structure should not be visible from surrounding roads and structures.
• There will be no tree removal required.
• The area of disturbance is less than 20,000 square feet.

The motion was second and approved unanimously.

STAFF REPORTS:

Amy Moredock – Ms. Moredock said she feels that the Planning Commission should invite John Beskid to a meeting to discuss nitrogen removing septic systems.  She informed the Board that the Planning Department has had an inquiry about installing windmills in Kent County.  There is nothing specific to windmills regarding height.  She thinks a text amendment may be necessary to accommodate the windmills.  Ms. Moredock told the Board that a hearing was held by the Critical Area Commission on Drayton Manor.  They met twice this week to discuss the Drayton Manor growth allocation.  Both meetings were well attended by Coopers Lane residents.  The panel felt as though the application submittal was insufficient.  They found 8 items that they wanted more information on and remanded it back to the County. 

Carla Martin - Ms. Martin informed the Board that a Realtor’s class would be held on August 23, 2007.  This class will educate the local Realtors regarding the Right to Farm, Ag Preservation, Historic Preservation and Site Plans.

Gail Owings – Mrs. Owings updated the Board on the results of the July Board of Appeals meeting.  She informed them that they approved Kent Sand and Gravel and Shrewsbury Church.  The Administrative Variance was upheld by the Board.  She said a date needs to be decided to meet to discuss the Village Master Plan comments.  It was decided that Monday, August 20, 2007 or Thursday, August 30, 2007.

GENERAL DISCUSSION

Reverend Freeman made a motion to adjourn the meeting.  It was seconded and the meeting was adjourned at 7:25 p.m.

The next meeting will be held on September 6, 2007 at 1:30 p.m.

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Elizabeth Morris, Chairman

 

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Kimberly Dixon, Clerk