KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, April 3, 2003, in the County Commissioners Hearing Room at 400 High Street, Chestertown, Maryland, with the following members in attendance: Elizabeth H. Morris, Chairman; William S. Sutton; Marcy Brown; Rev. Ruben Freeman; Jay Lancaster; G. Mitchell Mowell, Attorney; Gail Webb Owings, Planning Director; Amy G. Moredock, Environmental Planner; Elizabeth Carroll, Secretary.

MINUTES - The Minutes of the March 6, 2003 meeting were approved as written.

APPLICATIONS FOR REVIEW

Gordon W. Eaton, Sr. - Agricultural Land Preservation District - Mr. Eaton wishes to create an Agricultural Preservation District on his 210 acre farm located on Still Pond Creek Road, in the Third Election District. The property is zoned "RCD" and "AZD". The farm consists of 180 acres of woodland and 30 acres of cropland. Approximately 54.1% of the soils are considered Class II or III and 6.2% are considered Woodland Group 2.

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

Mrs. Owings reviewed the staff report and applicable law found in Code of Public Laws of Kent County, Chapter 171. The property exceeds the criteria for creating an Agricultural Land Preservation District and complies with the goals of the Comprehensive Plan to preserve large blocks of contiguous prime agricultural land.

The Agricultural Land Preservation Board reviewed this application at a recent meeting and recommended approval. Staff also recommends approval.

Mr. Eaton informed the Planning Commission that he wants to see the area remain agricultural, and he is doing his part by establishing a district for his farm. There are two streams that go through his property.

Chairman Morris asked for public comments. No one in the audience commented however the staff did receive several letters from adjoining property owners. Mary Weightman, Maureen Byrne and Margaret Stavely Payne Family support the preservation of agriculture and have no objection to Mr. Eaton's proposal.

After a brief review and discussion, Mr. Lancaster made a motion to forward a favorable recommendation to the County Commissioners recommending the establishment of an Agricultural Preservation District for the 210 acre farm owned by Gordon and Leone Eaton. The Planning Commission found:

The motion was seconded and the vote unanimous.

#03-20 Donna J. Miller - Variance (rear yard setback) - Ms. Miller requests a 3-foot variance of the rear yard setback requirement to allow construction of a1204 square foot dwelling on her property located on Linden Street in Tolchester Estates. The wooded lot is zoned "RR" Rural Residential.

Ms. Miller and staff were sworn in by Chairman Morris.

Mrs. Owings reviewed the staff report advising the Planning Commission of relevant issues and noting applicable law. She noted this lot was created prior to zoning and is nonconforming. Mrs. Owings referred to the Kent County Comprehensive Water and Sewer Plan, specifically the Tolchester Service Area, noting this application does not appear to comply with the provisions of the growth management policy for Tolchester Estates. The lot size has a buildable area less than 10,000 square feet. The property is entirely wooded. Mrs. Owings reviewed the criteria for granting a variance. Staff recommended denial of the proposed variance because the granting of a variance will extend Linden Road into an undeveloped woodland; and because it does not comply with the County's Water and Sewer Plan as previously mentioned.

Being asked who enforces the County's Water and Sewer Plan, Attorney Mowell replied that the Planning Commission, the Health Department and the Department of Water and Waste Water would all be involved, with the Planning Commission being the first to review. Mrs. Owings stated she did speak with the Health Department and they confirmed there is State law prohibiting construction on a lot less than 10,000 square feet.

Chairman Morris asked if staff has received any correspondence on this variance application. A letter was received from Betty M. Funk, mother of Donna Miller and adjoining property owner, supporting her daughter's proposal. She has no objection to the granting of a 3-foot variance.

Ms. Brown asked for clarification of the Tolchester Growth Management Plan. Mrs. Owings advised the document came about when the decision was made to put in public water and sewer in Tolchester. There was concern because of the number of existing small lots in Tolchester and the potential for development on all those lots and the possibility of development outside that area. The purpose of the public system was to correct existing health problems.

Chairman Morris invited Ms. Miller to comment. Ms. Miller said she wants to construct a nice dwelling on her property and needs a 3-foot variance. She noted she owns another parcel that adjoins this property and she is applying for an adjustment of lot lines deleting the property line thereby having one parcel. Health Department has told her that if the lots are combined she will have enough land for her home. The line adjustment does not eliminate the need for the 3-foot variance. Ms. Miller reviewed the site plan and map with the Planning Commission. Discussion continued.

Chairman Morris asked for public comments. No one in the audience commented on this proposal.

After some discussion, Ms. Brown made a motion to recommend denial of the variance, finding:

The motion was seconded and the vote unanimous.

#03-17 George Henderson - Buffer Variance - Mr. Henderson is requesting a variance to construct a portion of an addition to an existing porch within the 100-foot Critical Area Buffer. The 2.6 acre parcel is located on Walnut Valley Court, Kinnairds Point, in the Third Election District. The property is zoned "CAR" Critical Area Residential.

George Henderson and Kenneth Quinn of Four-Seasons Sunroom Company were present and sworn in with staff.

Ms. Moredock reviewed the staff report advising a portion of Mr. Henderson's home, built in 1982, is currently located within the 100-foot Critical Area Buffer. The north side yard contains the driveway and septic field. The east side yard contains the well and the west side yard is on a slope that contains an existing driveway and garage. The applicant meets the impervious surface requirement with the existing structures and the proposed addition.

Ms. Moredock noted applicable law found in Article V, Section 4., Article IX, Section 2.3; and Article X, Section 2.23 of the Zoning Ordinance. A variance of 8-feet is needed to construct a 43-square foot portion in the Buffer of a 119-square foot addition with 76-square feet being outside the Buffer. After reviewing relevant issues and applicable law, staff recommended denial of the variance request. Should the Planning Commission recommend approval of the variance, staff recommends compliance with Critical Areas Commission's conditions, specifically:

Chairman Morris asked if the office has received any written comments on this proposal. Ms. Moredock referred to correspondence of March 31, 2003, from Julie V. LaBranche, Planner for the Critical Areas Commission, of which their comments have been read.

A letter has also been received from Richard Doncaster, a neighbor of Mr. Henderson, who states that he has no objections to the proposed construction and urged the Planning Commission to approve the variance.

The office has also received a letter from Alan MacKinnon and Sandra MacKinnon of Kinnairds Point, advising they are familiar with the proposal and do not oppose the variance.

A letter was received from Charles Ross, President of the Kinnairds Point Property Owners Association, advising the Board of Directors had reviewed and approved Mr. Henderson's request to construct an addition to his home.

Chairman Morris invited Mr. Henderson to speak. Mr. Henderson advised his small home was built in 1982 prior to the Critical Area regulations. He wishes to replace the existing greenhouse which is in need of repair. He also wishes to expand one of the rooms that is contiguous to the greenhouse. Because of health reasons the Hendersons would like to move their bedroom downstairs. There is no place else downstairs for the bedroom addition. A recent survey compared to a survey of 10-years ago, shows a 30-foot reduction of land from the water-line. A considerable amount of money has been spent to construct a stone revetment to stop further erosion which has proven to be successful. A recent survey shows the buffer line indicating that a portion of the dwelling is within the Buffer.

Mr. Quinn reviewed the site plan with the Planning Commission advising the owners had McCrone survey the property and prepare a site plan showing existing structures, proposed addition and Critical Area Buffer line. The driveway, and the well and septic restrict the location of the new construction. It was established that there already is a bedroom on the first floor as well as a library.

The Board asked Mr. Henderson to explain the "practical difficulty" or "unwarranted hardship" he will experience by not being able to obtain the variance. Mr. Quinn noted the house was built before the Critical Area Buffer laws were established. There is no other place on the property to build without being in the Buffer. The well and septic also limit construction area. An existing cement pad is used for parking in front of the garage. A storm in 1982 caused the lost of 30-foot of waterfront land. A revetment was put in by the Hendersons to establish a more permanent mean-high water line. Mr. Henderson does not feel the existing 8 by 8 foot room is large enough for a comfortable bedroom. Mr. Henderson summarized his case and requested approval of the Buffer variance.

After a lengthy discussion, Ms. Brown made a motion to recommend the Board of Appeals deny Mr. Henderson's 8-foot variance request to construct an addition to his home with a portion of the new work being in the 100-foot Buffer. The Planning Commission made the following findings:

The Planning Commission did note that if the Board of Appeals should approve the variance request, then approval should be contingent on the following:

The motion was seconded. The vote was unanimous.

#02-05 Jonathan & Brooke Penders - Extension of Variance #02-05 (House & Septic in the Buffer) - The Penders request a variance of the buffer requirements to build an approximate 1512 square foot single-family dwelling approximately 30-feet from mean high tide. The new home will replace a small cottage and trailer that are currently on the property. The property is located on Davis Creek and Hidden Acres Lane, in the Fifth Election District.

Brooke and Jonathan Penders were present and sworn in with staff by Chairman Morris.

Mrs. Owings reviewed the staff report advising the Penders are requesting an extension of their previous buffer variance approval in order to build a replacement dwelling on their property. The property is a half moon shape and is almost entirely within the 100-foot Buffer. Mrs. Owings noted the history of this property, specifically:

Mrs. Owings noted applicable law found in Article X, Section 23. and Article IX, Section 2.3 of the Zoning Ordinance. Staff recommended approval since the granting of the variance will not cause a substantial detriment to neighboring properties nor change the character of the neighborhood. A hardship is created by the odd shape of the property which is almost entirely within in the buffer and makes it impossible to build out of the buffer.

Mr. Penders noted there have been no changes since March 2002. He submitted an outline and chronology of activity since April 2002. Mr. Penders advised they met with representatives of the Health Department and MDE and have been working with them since receiving Board of Appeals approval. They applied for a building permit to construct a 1710 square foot dwelling and a demolition permit for existing structures. The Health Department would not allow a dwelling of that size and they reduced the dwelling to 1512 square feet, and are waiting for written confirmation from the Health Department. Because of the one-year limit on the Board of Appeals approval, the Penders are back before the Board requesting an extension of their variance approval until they are able to get final approval from the Health Department.

There has been no correspondence received in the office and there was no comments by the audience.

Following a brief discussion, Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals recommending the Board grant an extension of the Buffer Variance to allow the Penders to build a 1512 square foot single-family dwelling approximately 30-feet from mean high tide. The Planning Commission finds:

The motion was seconded and the vote unanimous.

#03-23 Joseph & Carole Mulford - Variance (front yard setback) - The Mulfords are requesting a variance of the front yard setback requirement so they can build a 672 square foot addition to their existing detached 768 square foot garage off Duck Puddle Road, in the Second Election District. The 2.5 acre parcel is zoned "AZD." The addition will be approximately 58 feet from the edge of the right-of-way which serves the property.

Mr. Mulford was sworn in with staff by Chairman Morris.

Mrs. Owings reviewed the staff report noting applicable law found in Article V, Section 1.5, and Article IX, Section 2.3 of the Zoning Ordinance. Staff feels the variance will not cause a substantial detriment to adjacent or neighboring properties, nor will it change the character of the neighboring properties. The Comprehensive Plan supports this type application. A practical difficulty is created by the steep slope to the rear of the property, therefore staff recommended approval.

Mrs. Owings advised a neighbor, Millie Stevens, called the office expressing concern about increased traffic and the possible inability of the road to handle traffic. There are steep ravines and the road is a dirt road.

Chairman Morris invited Mr. Mulford to comment. Mr. Mulford advised he has met with his neighbors. He has agreed to add bump-outs next to the lane to address traffic concerns. Mr. Mulford noted he currently maintains the shared lane and will continue to do so. They prefer to construct the addition at the proposed location because of utilities and the topography of the property. He submitted photos of their property for the Board's review. The Health Department is scheduling another perc test for the property. The business will operate only five-days a week and an occasional Saturday. There will be no employees.

After review and discussion, Mr. Lancaster made a motion to forward a favorable recommendation to the Board of Appeals recommending approval of the Mulford's variance request to allow construction of an addition to their existing garage 58 feet from the edge of the right-of-way. This recommendation is predicated on the following:

The motion was seconded and the vote unanimous.

#03-08 John M. Stoltzfus - Concept Plan (Hotel, Restaurant & Convenience Store) - Mr. Stoltzfus is requesting concept site plan approval for a 40-room hotel, a new restaurant and convenience store located at MD Routes 291 & 301 in the First Election District. The 7.559 acre parcel is zoned "CCCA".

John Stoltzfus was present along with his surveyor Kevin Shearon of McCrone and were sworn in with staff by Chairman Morris.

Ms. Moredock informed the Planning Commission that a concept plan had been reviewed by the Technical Advisory Committee as far back as 1994 and revised plans have been reviewed many times since.

Ms. Moredock reviewed applicable law and relevant issues addressing Design, Environmental Standards, Forest Conservation as well as the requirements and standards for site plan review. Ms. Moredock pointed out there are some concerns about pedestrian safety between the hotel and the convenience store. Staff also notes: outside parking and loading appears to be sufficient. Lighting should be adjusted to human scale. The project will be serviced by public water and sewer. Mechanical equipment should be screened from neighbors. Forest conservation should enhance water quality improvement of the water retention areas. The project meets the zoning setback requirements. Mr. Stoltzfus has contacted Forester Teri Batchelor regarding species selection and percentage requirements for landscaping. The roof line needs to be revised and address signage at preliminary plan review.

Chairman Morris invited the applicants to comment. Mr. Shearon advised the layout of the project has been revised in accordance with the new Land Use Ordinance setback which reduced the front yard setback requirement from 250 feet has been reduced. The new public water and sewer system now makes the project feasible. Private septic and well is not practical. The existing restaurant and convenience store will be raised and replaced with new buildings. The existing fuel pumps and underground tanks will be kept at the same location.

Mr. Shearon noted the hotel will be a two-story, 40-unit hotel with a new restaurant and convenience store. Parking meets the 2002 Land Use Ordinance requirements including pedestrian access through the parking lot. Parking will be separated by a landscape island. New types of stormwater features are being designed. Mr. Shearon reviewed the site plan with the Planning Commission pointing out each aspect of the project and how they are addressing regulations.

The Board pointed out the need to connect the hotel and restaurant. Mr. Stoltzfus replied the building could be connected with a canopy. Mr. Shearon noted the architecture is still in its concept stage and the Board's comments are well received.

Handicap parking for hotel and convenience store is not clear. Mr. Shearon advised once the layout for the convenience store and restaurant is determined, handicap spaces will be moved to the most convenient location. There will be additional handicap parking for the hotel. Parking for trucks loading and unloading is shown behind the restaurant where there is other general parking shown. Since the Board expressed concern about the parking, Mr. Shearon said they prefer to keeping parking by the convenience store but will address the Planning Commission's comments. He noted there is a 24-foot access currently shown (two 12-foot travel lanes.) Entrance to the hotel will be through one door. Mr. Shearon informed the Planning Commission that the real struggle with this site is "impervious coverage" which affects paved parking as well as building size.

Question was raised about the parking of tractor trailers on the site. Mr. Shearon noted they are aware there is concern by the neighbors. There will be a parking area that could accommodate trucks further away from the residential area. It will not be designated as truck parking, but will be available for truckers to park while eating at the restaurant, and also for over-flow parking. A required 15-percent forest will help buffer the commercial and residential areas.

Mr. Stoltzfus advised the existing buildings will be demolished and replaced with new structures that will improve the site. The restaurant will accommodate approximately 100 people. After hearing comments from the Board, Mr. Stoltzfus agreed to connecting the hotel and the restaurant with a breezeway.

With regards to the roof line, Mr. Stoltzfus agreed to design the roof line so as to camouflage the mechanical equipment on the roof. Staff would like to see a pitch roof on the restaurant building as designed for the hotel. Other mechanical equipment will be screened.

Lighting is important and it will be addressed with the next submittal keeping it at a human scale.

Mr. Shearon informed the Planning Commission that the hotel will be served by public water and sewer. Millington is expanding its sewer and water facilities along Route 291, and will extend the system to the west side of Route 301, providing service to the Stoltzfus property and the homes along River Road.

Mr. Shearon advised bio-retention methods are being proposed to control stormwater and water quality.

Chairman Morris invited the public to comment. Melinda Bookwalter, 17-year resident of West Edge Road, was sworn in and gave her testimony noting this property has been used for several years as a truck stop with all the dirt, trash and pollution that goes with a truck stop. Truck generators run all night. She does feel that the proposed plan will be a much needed improvement over the existing truck stop bringing the site into compliance with current regulations. It is important that their residential neighborhood be protected. Mrs. Bookwalter asked if provisions will be made for tracker trailers allowing them to stay all night with their generators running. Mr. Stoltzfus replied that truck traffic will be about the same, however the truck parking area will be moved further away from the residential area. What type of sound barrier is planned? Mr. Shearon advised the buildings as well as a vegetative screen should help reduce noise from truck traffic. There was some discussion about enforcement of zoning regulations with regards to an illegal truck stop. Attorney Mowell pointed out the property owner is responsible for activities on his property. Issuance of citations as well as court cases can result if the property owner does not correct the violations.

Another concern of Ms. Bookwalter was the possibility of a liquor license and loud music from bands. Mr. Stoltzfus said the property is deed restricted from having a liquor license. He has no desire to try to change that restriction.

Stormwater management is a concern because on the plan it looks like it is uphill of where the property naturally drains. She has photos that prove her point. Mr. Stoltzfus replied the storm drainage area is downhill from the parking and the hotel. Mr. Shearon showed Mrs. Bookwalter and the Board the discharge point and how the stormwater will be directed.

John Kowalski, resident of River Road spoke on behalf of his family and representing two neighbors, Mr. and Mrs. Walter Ruebeck and John M. Gaber. Mr. Kowalski said he has reviewed the site plan. They feel the new construction will be too close to the western property line of Edge Road. The Ruebecks are opposed to the continuation of trucks parking so close to their property. For years they have had to deal with noise, diesel fumes, and the rudeness of the truckers by relieving themselves by the evergreen trees. A wider barrier is needed with evergreens and a high privacy fence. Mr. Kowalski expressed concerns about the storm drainage pond and the need to protect adjoining properties. He is concerned about the increase of tractor trailers and the possibility of increased fuel spills which will seep downhill to Mill Creek. Mr. Kowalski does not feel the entrance to the complex is wide enough for trucks and cars to pass through at the same time. There is a need for an emergency exist. Mr. Kowalski also expressed concern about the fuel tanks and whether there are leaks and questioning the condition of the tanks. Mr. Stoltzfus replied the tanks have been brought into compliance and are tested on a regular basis by unrelated parties. Mr. Kowalski closed by saying some of the neighbors object to the plan because of its potential environmental hazards and recommend further study of the entire concept.

William Zier, resident of River Road (behind the Dutch Deli) for more than 44 years, has concerns regarding the stormwater drainage and how it flows to his property. He noted trash collects on his property. Dust and dirt from the Stoltzfus property is also a problem. Current lighting from Dutch Family Dwelling shines directly into his home.

Ms. Brown noted that since runoff can go into the Chester River, does it make sense to require a berm on the northern side of the property between the road and the stormwater management area to ensure the water will not drain into the Chester River. Mr. Shearon replied that their design will divert it, treat it and then discharge into the ditch which will eventually go to the river. The existing facility lacks stormwater management but the proposed project will address this issue. Discussion continued. Mr. Shearon said he is willing to work with The River Keeper to improve the situation.

Mr. Stoltzfus said he wishes to proceed with his proposal as quickly as possible and will submit his preliminary plan as soon as material is available. He would like to begin construction by summer if possible.

The Planning Commission summarized their thoughts, specifically:

1) look into the feasibility of berm

2) more extensive forestation

3) increased traffic likely and there is a need to look at the existing entrance

4) move the parking spaces from the loading area which appears to be unsafe

5) move parking area so it does not interfere with pedestrian traffic as well as deliveries

6) lighting between building to make it safer for pedestrian traffic

7) connect the restaurant and hotel with a causeway or canopy

8) work with his neighbors hearing their concerns.

Mr. Shearon thanked the Board for their comments and advised they would address their concerns in their preliminary site plan.

REVIEW OF CRITICAL AREA COMMISSION COMMENTS OF THE LAND USE ORDINANCE -

Mrs. Owings advised the Critical Areas Commission voted April 2, to approve the Land Use Ordinance and the Critical Area amendments provided the changes reviewed last month are made, and change "may" to "shall" regarding the conference center and golf course. Provision for slips for community piers, allowing 2-slips per lot in a minor subdivision was denied. There is a minor change to the modified buffer area in Kentmore Park because of tiger beetle habitat.

Attorney Mowell noted it is his understanding that the County Commissioners adopted the Land Use Ordinance subject to the approval of the Critical Areas Commission. The Critical Areas Commission has made some modification but at this point a final document is not available. Once available, the County Commissioners can take final action on the Critical Area amendments as well as the minor amendments submitted by the Planning Commission. Discussion continued.

STAFF REPORTS

Amy G. Moredock - Environmental Planner - Ms. Moredock advised she spent a day at Urieville Lake with several organizations and citizens working on a plan to be submitted to the County Commissioners.

Gail Webb Owings, Planning Director - Mrs. Owings reported on the Planning Commission and Board of Appeals Workshop held on Saturday, March 29. Towns seem interested in meeting annually. Additional meetings with each town was discussed. Chairman Morris and Ms. Brown agreed to work with Chestertown The Board members felt the workshop was worthwhile especially Attorney Mowell's presentation.

GENERAL DISCUSSION

Chairman Morris advised Wallace D. Miller has submitted his letter of resignation from the Board. Mr. Miller will be missed. Mrs. Morris asked for names to suggest to the County Commissioners. After some discussion the Board made suggested several names to fill the vacancy.

There being no further business, Chairman Morris adjourned the meeting at 5:10 p.m.

____________________________________

Elizabeth H. Morris, Chairman

____________________________________

Elizabeth E. Carroll, Secretary

Home | Business | Community | Government | Top

© Chesapeake Bay Internet Associates - 1996-2000: All Rights Reserved.