KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met on Thursday, December 4, 2003, at 1:30 p.m., in the County Commissioners Hearing Room at 400 High Street, Chestertown, Maryland, with the following members in attendance: Elizabeth Morris, Chairman; Marcy Brown; Rev. Ruben Freeman; Jay Lancaster; F. Joseph Hickman; G. Mitchell Mowell, Attorney; Gail Webb Owings, Planning Director; Carla Martin, Community Planner; Amy Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

MINUTES - The Minutes of the October 2, 2003 meeting were approved as written. The Minutes of the November 6, 2003 meeting were approved as written.

APPLICATIONS FOR REVIEW

#03-116 Hazzardous Katch LLC - Special Exception (Cottage Industry) - George Hazzard and Phyllis Kacher request conditional use approval to operate a cottage industry on their 5.678 acre parcel at 29723 Morgnec Road in the Second Election District. The property is zoned "AZD". There are two mobile homes and a 8400 square foot steel shop building on site. The shop building will be used for wooden boat restoration and maintenance.

Will Stahlgren, Phoenixville, PA, and George Hazard, Conshohocken, PA, were present and sworn in with staff by Chairman Morris.

Ms. Martin reviewed her staff report noting relevant issues and applicable law. The site meets the minimum lot size requirements for the Agricultural Zoning District. The work should not create any excessive noise, odor, dust, nor will it be dangerous to incompatible with the surrounding neighborhood. Staff recommended approval.

Ms. Martin read a letter from Owings and Sons, adjoining property owners, supporting the project since the operation will be in an existing building that was previously used for an agricultural industry and is ideal for boat restoration.

Chairman Morris invited the applicants to comment. Mr. Hazard informed the Board that he has been operating his business at various local marinas including Duffy Creek Marina for the past two-years. They are currently working on a 40-foot boat, but he works on wooden boats of all sizes. Mr. Hazard spent summers in this area and is looking forward to making this area his permanent home. He feels they will be able to provide a needed service for maintenance and repair of wooden boats as well as construction of new wooden boats. There will be no sales on site. They are aware they cannot have any outside storage.

Mr. Hazard reviewed the site plan with the Planning Commission. He noted the one trailer will be removed when they build their new home. The other trailer is currently being rented. Staff pointed out that the two trailers were permitted when they were accessory to the ag industry. When the property was sold to the previous owner, it was with the understanding that one of the trailers would be removed. The trailer was not removed when the new owners purchased the property. Mr. Hazard advised, he is currently working with the trailer residents and when the lease expires in approximately six-months the trailer will be removed.

There is an existing sign on the property which will be repainted advertising the boat business. Their hours of operation will be Monday through Friday approximately 8:00 am to 4:30 pm.

Phyliss Katcher, Conshohocken, PA, asked if they can store their personal boats outside? Staff advised, as long as the boats have current registrations in the property owners names.

The Planning Office received no correspondence on this application, and there were no comments from the audience.

After review and further discussion, Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals recommending approval of the special exception to allow George Hazzard and Phyllis Kacher to operate a cottage industry (construction and repair of wooden boats) on their 5.678 acre parcel on Morgnec Road, after making the following findings:

The motion was seconded. The vote was unanimous.

#03-95 James T. Anthony - Major Subdivision - one lot (Final Plat) - Mr. Anthony is requesting final approval for a major subdivision creating one 10-acre lot from his 32.379 acre parcel. The property is located on Airy Hill Road in the Seventh Election District and is zoned "AZD".

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

Ms. Martin reviewed the staff report addressing relevant issues and noted applicable law. The applicant has filed a Declaration of Intent for an Intra-Family and therefore is exempt from the afforestation requirements. A stormwater management plan has bee submitted and approved. Staff recommended final approval.

Mr. Anthony advised he feels all criteria has been met and is requesting the Board approve his subdivision. He reviewed plat with the Planning Commission.

Although not present, Mr. Sutton expressed concern to Chairman Morris about subdivisions allowing new lots additional entrances onto the road - this subdivision and other similar subdivisions. Discussion continued.

Chairman Morris asked for public comments. No one from the audience made any comments.

Following a brief discussion, Mr. Lancaster made a motion to approve the final plat of James T. Anthony for the creation of a one 10-acre lot from his 32.379 acre parcel on Airy Hill Road. The Planning Commission's findings included:

The motion was seconded and the vote unanimous.

#03-97 J. Roy Snyder - Major Subdivision - one lot (Final Plat) - The applicant requests final approval for a major subdivision creating a 2-acre parcel from his 26.439 acre property located on Brice's Mill Road in the Seventh Election District. The property is zoned "AZD".

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

Ms. Moredock reviewed the staff report noting relevant issues and applicable law. The parcel complies with the density, lot size and other bulk requirement for the "AZD" District. A Forest Conservation Plan has been submitted along with a simplified forest stand delineation. A stormwater management plan has been submitted and approved the Soil Conservation Service. Staff recommended approval.

No correspondence has been received on this project. The audience had no comments.

Chairman Morris invited Mr. Snyder to comment. Mr. Snyder advised the lane will be a shared driveway.

After reviewing the plat and comments by the applicant, Rev. Freeman made a motion to approve the final plat for the J. Roy Snyder major subdivision, creating a 2-acre parcel, contingent upon submittal and approval of the forest conservation and forest stand delineation deed restrictions. The motion was seconded and the vote unanimous.

#03-117 The Worton Project / KRM Development Corp - Site Plan Review - KRM Development Corporation is requesting preliminary site plan approval for a 27,000 square foot flex building on their 3.417 acre parcel located on Commerce Road near Worton. The property is zoned "I" Industrial and is surrounded by other industrial properties. The property is served by public water and sewer.

Richard Lane, KRM representative, and engineer for the project Bruce Wright were present and sworn in with Mrs. Owings by Chairman Morris.

Mrs. Owings reminded the Board that this parcel is a part of the Parson's property that has been subject to many subdivisions over the years including the parcel owned by CFF and Kent County. The Planning Commission, at its June 2001 meeting reviewed the concept plan for Lots 1 and 2 of the Worton Project and made several suggestions for the site. At the Board's February 2002 meeting they granted final subdivision approval.

Mrs. Owings reviewed relevant issues and applicable law. During subdivision review, the eastern property line was determined the front line and the yard requirement setback being 100-feet. The proposal meets the yard requirements and the maximum building footprint. The industrial performance standards must also be addressed but since the proposed use is unknown at this time, the performance standards will be addressed when the use permit is submitted. Forest Conservation was addressed during subdivision review and the applicants paid into the Forest Conservation Fund.

Mrs. Owings reviewed the site plan review requirements as outlined in the Land Use Ordinance. Staff recommended preliminary approval, contingent on submission of final landscaping and bonds.

No correspondence has been received in the Planning Office.

Chairman Morris invited the applicants to speak. Mr. Wright advised the preliminary plan is in conformance with the concept plan that was previously reviewed. The building has been shifted 50 feet from the cul-de-sac to improve the turning radius for trucks. At this point they do not know who their tenant will be, but there will be no exterior storage or display. Exterior building materials and colors are not known at this time. A detailed landscape plan will be submitted when available. Mr. Wright reviewed the site plan with the Planning Commission and pointed out the fore-bay to handle stormwater runoff from the impervious surface and explained its function. Mr. Wright feels the size and shape of the property makes it impractical to get a railroad siting. Landscaping is planned along the front and side of the property. Discussion ensued. Mr. Lane continued with review of the proposed building.

Ms. Brown made a motion to grant preliminary site plan approval for a 27,000 square foot flex-space industrial building on the KRM 3.417-acre parcel located on Commerce Drive in Worton. The Planning Commission's decision is based on the following:

Before final approval can be granted, the following must be addressed:

The motion was seconded and the vote unanimous.

CHAIRMAN'S COMMENTS - Since the first Thursday in January is a holiday, Chairman Morris asked the Planning Commission when they want to hold their meeting. The Board agreed to meet January 8, 2004.

Chairman Morris informed the board members that Rev. Freeman's term will expired January 7, 2004. Since the Planning Commission will not meet again until January 8, December is his last meeting as a member of the board. Chairman Morris thanked Rev. Freeman for his conscientious service to the board.

STAFF REPORTS

Amy G. Moredock, Environmental Planner - Ms. Moredock reported staff continues to work with flood damage residents. The Upper Chester River WRAS (Upper Chester River Water Restoration Action Strategy) is scheduling a kickoff workshop January 9 or 10, 2004. Mr. Hickman suggested Dr. Frank Lewis for a member to that group.

Gail Webb Owings, Planning Director - Mrs. Owings informed the board that staff has copies of Ed Mahan's presentation on design. A presentation by Jim Sedegy is also available.

The Tolchester Committee will be meeting again to address the County Commissioners suggestions about growth in the Tolchester area and whether or not it is appropriate to allow more allocations within the community of Tolchester.

The ESHI (Eastern Shore Heritage, Inc.) management plan will be available in January or February.

Staff is collecting data for the Comprehensive Plan.

Mrs. Owings gave a report on decisions by the Board of Appeals.

There being no further business, Chairman Morris adjourned the meeting. The next scheduled meeting of the Planning Commission is January 8, 2004.

____________________________________

Elizabeth H. Morris, Chairman

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Elizabeth E. Carroll, Secretary

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