KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, October 6, 2005, in the County Commissioners Hearing Room at 400 High Street, Chestertown, Maryland, with the following members in attendance: Elizabeth Morris, Chairman; Bill Sutton; Patricia Langenfelder; Rev. Ruben Freeman; Jay Lancaster; F. Joseph Hickman; Attorney G. Mitchell Mowell; Gail Webb Owings, Planning Director; Carla Martin, Community Planner; Amy Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

MINUTES - The Minutes of the September 1, 2005 meeting were approved.

APPLICATIONS FOR REVIEW

#5-53 Piney Neck Partners / Ashley Pines - Major Subdivision - 12 lots - Sam Owings and David Moss are requesting preliminary approval for their 12-lot subdivision located between Ashley Road and Piney Neck Road. The 12.226-acre parcel is zoned “CR” Community Residential and is located in the Fifth Election District. The lots will be served by public sewer and private wells.

Mr. Owings and Mr. Moss were present with their surveyor Tom Davis of DMS & Associates and were sworn in with staff by Chairman Morris.

Reviewing the history of this property, it was noted that the Planning Commission reviewed a concept plan at their July 7, 2005 and a revised concept plan was reviewed August 4, 2005, at which time the Planning Commission made the following comments:

• Provision of a 10-foot widening easement on Ashley Road is sufficient at this time.
• The front setback will need to be a minimum of 45-feet from the existing property line and the area suitable for an entrance to Lot 8 will need to be shown on the plat.
• Deed restrictions and plat need to acknowledge the inherent effects of having watermen and farmers as neighbors.
• Careful consideration needs to be given to stormwater management and addressing the existing conditions. Look for a creative solution rather than using a standard pond.

Ms. Martin reviewed the staff report noting relevant issues and applicable law found in Article V, Section 6 of the Land Use Ordinance. Ms. Martin commented on the environmental and design standards.

Staff recommended preliminary approval be granted since the applicants have complied with comments provided by the Planning Commission at concept review in August.

No new correspondence has been received regarding this subdivision proposal.

Chairman Morris invited the applicants to present their case. Mr. Davis explained Lot 8 has been shifted off the corner and note has been placed on the plat that the driveway location for Lot 8 will be installed at the southwest corner away from the intersection to avoid conflict. The "Right-to-Farm" and "Waterman's Rights" statement have been added to the plat. Existing swale has been identified and will be graded to provide storage capacity and improve water quality. They have met with Joe Blizzard at Soil Conservation Service to address that issue. Forested areas are fairly large relative to the amount of new impervious cover on the lot. They are asking for conservation credits fore forest conservation providing grassed swales and the afforestation of the open space. Landscaping has been clustered around perimeter of the site. Grinder pump connections will be provided for each individual lot. There will be on-site wells. Permit application has been submitted to the Maryland Department of the Environment. Mr. Davis further noted there will be no net increase in runoff because of the large amount of forest proposed, per-calculations made to date. He noted the existing ditches along Ashley and Piney Neck Roads will be regraded. Discussion continued.

Question was raised about the open space and Mr. Davis responded most of it will be afforested. Fescue has been planted to stabilize site. It will be naturally vegetated. Seedlings are proposed. The homeowners association will be responsible for maintenance. The developer will be responsible in the interim. It is estimated it will take approximately 2-years to build out.

Question was raised about storage of boats. Mr. Davis said text will be forwarded to the board's attorney for review.

Chairman Morris asked for comments from the audience. Attorney Chris Drummond, representing George Michael, an adjoining property owner, expressed concern about the increased traffic on Ashley Road. The road really is in need of improvement. Mr. Michael has placed his 25-acre property in a land / nature conservancy. He is concerned that in the future the county could take some of his property to widen Ashley Road when the developers could now take some of their property to widen the road. Drainage problems currently exist.

He feels the Planning Commission should require the widening of Ashley Road as a condition of final subdivision approval.

Attorney Drummond presented photos of the site showing current vegetation. He does not believe it fits the definition of a forest since it is less than 40,000 square feet. There is limited forested areas on adjoining properties other than Mr. Michael's property. He feels Lots 3 and 4 should be forested which would connect to woodlands on Mr. Michael's property. The number of the lots in the subdivision would be reduced, but he encourages the Board to make that a requirement of subdivision approval. He continued with additional comments. He questioned whether or not Lot 8 has been moved enough to improve road safety.

Attorney Drummond noted there are no calculations on the utility and drainage plans and questions elevations of the lots and drainage. He feels grading should be directed to the afforested area rather than directed to the ditches where there already is a problem. Attorney Drummond does not feel there will be a homeowners association for just 12-lot owners to properly maintain the afforested area.

Summarizing, Attorney Drummond noted his clients concerns are: the need to widen Ashley Road, the existing stand of trees, creating a true wildlife corridor, and more imaginative efforts to move water around on the site.

Mr. Davis, commenting on Attorney Drummond's comments, noting the proposal is in compliance with the forester's suggestions. The lot count has been reduced from seven lots along Ashley Road to five. A letter has been written by the County Roads Supervisor Ed Spray saying Ashley Road is sufficient for the five proposed lots. The developers are working with Joe Blizzard to identify the swales and additional swales will be added to divert water to the forested areas. They will be adhering to the Board's recommendation for non-structural practices.

Mr. Owings feels they have redesigned the subdivision so that it does not look like a "cookie cutter" subdivision. A widened road will increase impervious surface. Ashley Road is a two-lane road and the five lots on this road should not create a problem for regular traffic or emergency vehicles. They plan to continue to work with the State Forester regarding afforestation.

The Planning Commission continued with questions and comments and concerns about this subdivision proposal. Following discussion, Mr. Hickman made a motion to grant preliminary subdivision approval for the Ashley Pines Subdivision creating twelve lots, with the following conditions:

• Deed restrictions should include wording regarding rights of watermen and the storage of work and pleasure boats on the property. Deed restriction must be reviewed and approved by the planning commission attorney.
• The locations of the driveways for Lots 8-12 must be shown on the plat. A note on the plat is adequate.
• Stormwater runoff must be handled on-site to reduce run-off onto other properties.
• There must be a minimal impact to any existing trees. Developers should meet with forester to determine which existing trees should remain on-site.

The Planning Commission finds,

• A10-foot wide easement is sufficient for the County Roads Department
• Front setback will be a minimum of 45-feet from the existing property line.
• The plan encourages development in existing areas where there is public sewerage.
• This proposal meets the relevant issues as far as density, area, height, width and yard requirements.
• There is sufficient open space.
• Forest conservation plans have been submitted and there is a landscape plan.

The motion was seconded. The vote was unanimous.

#05-106 Angelica Nurseries, Inc.- Special Exception (Farm Employee Housing/Migrant Labor Camp)

Angelica Nurseries is requesting approval for a special exception to add two 1500 sq ft houses for migrant workers to the existing housing development on their 288-acre farm located on Bolton Road off Route 290. The new houses will be in lieu of the smaller houses originally approved in 1987. The surrounding area is characterized by farmland and scattered houses. The property is zoned “AZD” Agricultural Zoning District.

Bernard Kohl was present and sworn in with staff by Chairman Morris. Mrs. Langenfelder said her farm adjoins Angelica, but does not feel that will influence her decision.

In 1983 Angelica Nurseries received conditional use approval to construct a migrant labor housing complex at a different location. In 1987, Angelica applied for a conditional use to construct multiple facilities for housing farm workers and also a daycare center. The Board of Appeals determine “that the only portion of the proposed plan over which it had jurisdiction was the daycare center; that since Angelica was not proposing mobile homes, the Board did not have to make a decision in that regard.”

In December 1987, the Planning Commission granted site plan approval for 40 single family dwellings, a manager's residence and daycare center for farm workers. Angelica expected to build 10 to 15 houses over a 4-year period, however only 16 houses, the manager's residence and a Laundromat were completed.

Ms. Martin noted relevant issues and applicable law found in Article VII, Section 7.24 of the Land Use Ordinance which permits farm employee housing/migrant labor camp as a special exception.

Ms. Martin advised Angelica has more than enough acreage for farm employee housing. All the houses have access from Bolton Road. According to the applicant's narrative, Angelica has been forced to use H2A visa workers, seasonal agricultural workers instead of family groups. The larger houses allow the applicants to more easily conform to federal migrant housing standards.

Ms. Martin recommended a favorable recommendation with the condition that approvals for all required plans are obtain. Staff finds the site is appropriate for farm employee housing. Seventeen houses already exist. There should be no significant change in traffic patterns. The housing complex is surrounded by the farm operation. Expansion of the septic system will be required and may also require an amendment to the County's Water and Sewer Plan. There will be no environmental impact from the additional houses and the proposal is consistent with the Comprehensive Plan.

Chairman Morris invited Mr. Kohl to further explain his proposal. Mr. Kohl said Angelica is working with the Maryland Department of the Environment and the Health Department for expansion of the sewer system. They are aware that the pumping station will need to be upgraded. Engineering plans are being prepared. Angelica is aware that water and sewer plans must be approved. Angelica is also working with Soil Conservation Service noting there will be very little disturbance. The proposed housing will be separate from the other housing site.

Mr. Kohl noted Angelica is now employing H2A employees under a program administered by the federal government. He further explained how the program works. The 1500 sq ft houses will house 15 people each. There will be no cooking in the houses.

Chairman Morris asked for public comments. There were no comments from the audience and no correspondence received prior to the meeting.

After additional discussion, Mr. Lancaster made a motion to forward a favorable recommendation to the Board of Appeals, recommending approval of the special exception to allow Angelica Nurseries to add two 1500 sq ft houses for migrant workers to their existing housing development based on the following findings of fact:

• Angelica Nurseries has sufficient acreage for farm employee housing
• The location has access to a public road
• Houses will be used by employees
• The larger houses allow Angelica to more easily comply with federal regulations
• Sufficient parking is available and traffic patterns will not be affected
• Houses will not be visible from Maryland Route 290
• There will be no environmental impact
• This proposal may require an amendment to the County's Comprehensive Water and Sewer Plan.
• The proposal is consistent with the County's Comprehensive Plan.

The motion was seconded and the vote unanimous.

#05-115 William Tubman, Jr. - Variance (Front Yard Setback) - Mr. Tubman is requesting two front yard variances to construct a 1 2 story single family dwelling with a total square footage of approximately 2240 square feet, 32 feet from Point Lane and 30 feet from Bayview Drive. The proposed square footage includes first floor of 1390 square feet, unfinished second floor of 470 square feet, and a deck of 380 square feet. The .376 acre parcel is located on the corner of Point Lane and Bayview Drive in the Sixth Election District and is zoned “CAR” Critical Area Residential. This lot has two front yards.

Alan Hunt, representing the applicants, was sworn in with staff by Chairman Morris.

Ms. Moredock reviewed the staff report noting this property was subject of two previous variance applications. In September 2002, the Planning Commission recommended approval of two variances to front yard setbacks of 20 feet from Bayview Drive and 30 feet from Point Lane subject to conditions:

• “The property is sold to the sister and brother-in-law of the Korens (the applicants)
• Construction of the dwelling be limited to dimensions of no more than 38 by 4 ft with a porch 10 by 18 ft, for a total of 1472 sq ft
• Standard condition that the variances granted will lapse after the expiration of one year if no substantial construction in accordance with the plans herein presented occur (October 2003.)”

In June 2005, the Planning Commission made a favorable recommendation to the Board of Appeals, however the Board of Appeals denied the two front yard variance setback, finding:

• “The subject property does present a practical difficulty due to the shape of the lot
• The proposed house would change the character of the neighborhood - a 2450 sq ft house (large for the neighborhood) sitting on a lot of well less than one half acre.
• Granting the variance would confer upon the applicant a privilege not granted to others
• Denying the variance requested would not deny the applicant reasonable and significant use of the land as he could build a dwelling in scale with the lot size.”

Ms. Moredock noted a variance of 18 feet is needed to construct the proposed dwelling 32 feet from Point Lane. A variance of 20 feet is needed to construct the proposed dwelling 30 feet from Bayview Drive. All setbacks must include all overhangs or any porches. Ms. Moredock reviewed applicable law found in Article VI, Section 3 of the Land Use Ordinance. Article IX, Section 2.2 sets forth the criteria for granting variances.

Ms. Moredock continued with review of the staff report. She recommended approval of the variances contingent upon the minimization of the proposal in keeping with the neighborhood.

No correspondence has been received regarding this application.

Mr. Hunt noted there is a correction to the application since the house is actually 2 2 story, increasing the square footage to 2900 square feet. Mr. Hunt noted that because of the triangular shape of the lot abutted by two road requiring a 50 foot setback from each road, it minimizes the shape of the house. The house will be contemporary style with vinyl siding with a 12 pitch roof, dimensions are 30 by 40 with a 12 foot deck.

Having heard the proposal and Mr. Hunt's comments, the Planning Commission could not support the variances since the proposed dwelling is larger than the previous structure denied by the Board of Appeals.

There were no comments from the audience.

After some discussion, Mrs. Langenfelder made a motion to recommend denial of the Mr. Tubman's request for two front yard variances at his Bayview and Point Lane property in Tolchester Estates, based on the following:

• The Board may opt to request minimization of the proposed footprint. A smaller dwelling would minimize the need for a variance and be in keeping with the neighborhood.
• The Commission supports infill development.

The Planning Commission's findings included the following:

• The unusual size and shape of the lot results in a practical difficulty. The triangular shaped lot is 132 feet as its widest point and has two front yards
• The variances may cause a substantial detriment to neighboring properties
• The variances may change the character of the neighborhood
• The granting of the variances may confer upon the applicant privileges uncommon to the area.

The motion was seconded and the vote unanimous.

#05-116 Eastern Shore Bible Church - Specical Exception (Cemetery) - The Eastern Shore Bible Church is requesting approval for a special exception to locate a 200 by 200 ft cemetery on their 8.04 acre parcel located on Gregg Neck Road in the First Election District. The surrounding area is characterized by residential development and some open agricultural and. The property is zoned “RR” Rural Residential.

Jay Lancaster advised he is a member of the church and excused himself from review of this application.

Pastor Steve Hays and church member John Stoltzfus were present and sworn in with staff by Chairman Morris.

Ms. Martin reviewed the staff report noting the church received conditional use approval to construct a church in July 1995 and site plan approval in March 1996. The Board of Appeals decision was based on several conditions.

Ms. Martin reviewed relevant issues and applicable law found in Article VII, Section 7 of the Land Use Ordinance. Ms. Martin recommended approval of the special exception with the condition that:

• The afforestation area is re-established
• Additional landscaping is provided on the front and western side
• A perpetual maintenance agreement is submitted

No correspondence has been received regarding this application.

Chairman Morris invited Pastor Hays to speak. Pastor Hays submitted new site plans and photos of the church property explaining each photo. The church owns 15 acres. Previously there was concern by residents when the church was first proposed, but now they support the church. Their church is strictly for church activities. Originally they said a cemetery was not planned, but they now want to serve their aging church membership with a one acre graveyard. There is a large stand of pine trees surrounding the cemetery site and Pastor Hays requested a waiver of any additional forestation. They are considering flat markers which makes the site easier to maintain. Discussion continued.

Chairman Morris asked for comments from the audience. Walter Norleen, an adjoining property owner said he is not a member of the church, but supports the church adding a cemetery to their property. They are good neighbors.

Following review and discussion, Rev. Freeman made a motion to forward a favorable recommendation to the Board of Appeals, recommending approval of a special exception for the Eastern Shore Bible Church to located a cemetery on an 8-acre parcel on Gregg Neck Road, contingent upon the following:

• The four corners are clearly marked in a permanent manner
• A perpetual maintenance agreement is approved by the Planning Commission attorney
• Additional screening is provided on the front and western sides
• The afforestation area is brought into compliance with the Forest Conservation Ordinance
• Site plan approval is granted.

The Planning Commission made the following findings:

• The proposed cemetery has been located in the least conspicuous area of the property and as far as possibly from nearby dwellings
• The proposed cemetery should not affect traffic patterns and will not require public services
• There should be no environmental impacts or other hazards
• A cemetery is an appropriate accessory use to a church.

The motion was seconded and the vote unanimous.

GENERAL DISCUSSION

Millington Comprehensive Plan - Millington Planning Commission Chairman Joyce Morales was present with Consultant Bruce Galloway. Their presence is in response to the County Planning Commission members visit to Millington. They are now starting the required 60-day review period and wanted to share their proposed land use map and the area directly outside the corporate limits. Mr. Galloway and Mrs. Morales commented on possible future development and where and how they want to see it occur. Annexation is proposed. The elementary school is not at capacity and they want to encourage young families to locate in Millington. They want to capitalize on what Millington has to offer - fishing and walking trails at the head of the Chester. The draft plan will be submitted to the County Planning Commission for review.

County Comprehensive Plan - Mrs. Owings advised letters are going out asking for public comments on the draft plan. The Planning Commission agreed to hold the public hearing on Thursday, December 8, in the Commissioners Hearing Room. Informational meetings will be held in Butlertown, Galena and Rock Hall.

Discussion continued.

UPCOMING MEETINGS

Mrs. Owings informed the Board of several meetings which may be of interest to the Planning Commission, specifically:

• Tuesday, October 18, The Maryland Department of Planning and the Maryland Department of the Environment are sponsoring a meeting a Chesapeake College.
• Tuesday, October 18, The Governor's Housing Conference in Baltimore.
• Tuesday, October 25, 3-6 p.m. Hearing on the Bay Bridge by the Task Force on Traffic Capacity Across the Chesapeake Bay Bridge, at Washington College. A letter will be prepared to be read at that hearing expressing Kent County's position on a northern bay extension.
• Thursday, November 17, 7 p.m.- Kent County Council of Governments will be sponsoring a public meeting on the "Open Meetings Law & Public Information Meeting Act" with William Varga, Assistant Attorney General.
• Thursday, November 10, 7 p.m., Citizen Planners Meeting in the Kent County Commissioners' Hearing Room
• Friday, November 18, Eastern Shore Land Conservancy meeting at the Tidewater Inn, Easton.

There being no further business, Chairman Morris adjourned the meeting. The next regularly scheduled meeting of the Planning Commission is Thursday, November 3, 2005.

___________________________________

Elizabeth Morris, Chairman

___________________________________

Elizabeth Carroll, Secretary

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