KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, July 7, 2005, in the County Commissioners Hearing Room at 400 High Street, Chestertown, Maryland, with the following members in attendance: Elizabeth H. Morris, Chairman; Patricia Langenfelder; Marcy Brown; Rev. Ruben Freeman; Jay Lancaster; F. Joseph Hickman; G. Mitchell Mowell, Attorney; Gail Webb Owings, Planning Director; Carla A. Martin, Community Planner; Amy G. Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

MINUTES - The Minutes of the May 5, 2005 and June 2, 2005 were approved as written.

APPLICATIONS FOR REVIEW

Ashley Pines / Piney Neck Land LLC - Major Subdivision (Concept - 12 lots) - Piney Neck Land, LLC is requesting concept review for a 12 lot subdivision located between Ashley Road and Piney Neck Road in the Fifth Election District. The 12.226 acre parcel is zoned “CR.”

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

Ms. Martin reviewed the staff report noting relevant issues and applicable law found in Article V, Section 6 of the Kent County Land Use Ordinance. Ms. Martin note all the lots meet the minimum density, area, height, width and yard requirements. Staff addressed regulations regarding environmental standards and design standards. The applicants have submitted a narrative. They have met with the neighbors. Ms. Martin noted sewer allocations have been approved for this site. The plat indicates road widening and a 10-foot wide pedestrian easement.

Ms. Martin read a letter received in the Planning Office from Ernest Padovanio, who supports the proposed subdivision.

Chairman Morris invited the applicants to speak. Tom Davis reviewed the plat with the Planning Commission noting the development is designed to keep within the character of the area. They will be using existing infrastructure and existing water and sewer lines. Open space will protect the wetlands. He continued with his presentation.

Sam Owings presented renderings of home styles noting proposed square footage. Houses will range in size from 1700 to 2400 square foot. Two-story homes cost estimates are expected to be around $400,000. Discussion continued between the developers and the Planning Commission.

Chairman Morris invited the public to comment. Prior to commenting, each individual was sworn in by the Chairman. Sheila Pierce, resident of Ashley Road, expressed concern about the width of Ashley Road - a school bus and car cannot pass one another. The lowest area is by her property requiring her to have sump-pumps. Some of the property owners in the area are watermen. She is opposed to the stormwater management pond because she feels it is too much risk for youth.

Attorney Christopher Drummond spoke on behalf of his client George Michaels, an adjoining property owner. He noted Ashley Road is only a 30-feet wide right-of-way. Increased traffic will have a negative impact on the road. He expressed concern about the drainage swale and the fact that stormwater appears to flow two directions. Mr. Drummond suggested better subdivision design.

Dawn Nordhoff, feels the road is too narrow and would have to be widened to handle increased traffic created by this subdivision. She expressed concern about placement of a house on Lot 1. Mrs. Nordhoff reviewed plat with the Planning Commission voicing concerns about: drainage, road width, placement of homes, and character of the neighborhood. Will this development change the assessed value of homes in the area, raise taxes, or increase water and sewer rates?

Mary Shepherd, Crouches Lane, had concerns about drainage. There are problems now with ditches not handling drainage. Will they be opened up?

John Paul Pharo, Ashley Road, sited drainage problems. Ashley Road is narrow - only 16 feet wide. It will need to be widened to accommodate increased traffic by this subdivision.

Tom McHugh, Crouches Lane, stated the proposed subdivision will have a tremendous negative impact on the area, changing the community, with less quality of life.

Walter High, Ashley Road, noted drainage problems.

Ann McHugh, Crouches Lane, commented on school buses traveling on Ashley Road. Lot 8 could create a problem with site distance getting out on Crouches Lane. She noted there are wetlands in the area.

Chip MacLeod, representing the developers, presented an aerial of the site. He noted many concerns expressed will be addressed. The property is zoned "CR" Community Residential which allows for development. Water and sewer is available.

Mr. Owings and Mr. Moss commented on their project and noted they feel the development will help minimize existing stormwater drainage problems.

The Planning Commission reviewed at length the Ashley Pines Major Subdivision, and having heard presentation by the applicants and comments from the audience, the following is a summary of the Board's comments:

• There are safety concerns with the narrow width of pavement on Ashley Road which needs to be addressed by widening the road or making it one-way at the county's discretion.
• The uniform size and shape of the proposed lots do not reflect the character of the area.
• Lots 1 and 8 should be given special consideration for the placement of the houses.
• Deed restrictions and plat will 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. Need to look for a creative solution rather than using a standard pond.
• Forest Conservation area needs to connect with other existing forest. Consider using trees around the old home-site as a forest connection.

Gerald & Karen Docksteader - Buffer Variance - The Docksteaders request a variance of 27 feet to construct a septic system within the 100 foot Critical Area Buffer. One septic tank and drainage field will be within the buffer while one septic tank will be outside the buffer. The .595 acre parcel is located on Mallard Road and the Chester River in the Fourth Election District. The property is zoned “CAR” Critical Area Residential.

Karen Docksteader was present and was sworn in with staff by Chairman Morris.

Ms. Moredock noted the Docksteaders applied and received a variance to construct the same 1500 square foot septic system in the same location in October 2003. The Planning Commission made findings of fact and recommended approval with conditions, specifically:

• Vegetation mitigation of 3:1 based on canopy square footage for the removal of two trees in the buffer with a mixture of native species planted in the area of the buffer; and
• A nitrogen removal system will be installed.

Ms. Moredock reviewed relevant issues and applicable law found in Article V, Section 2 of the Land Use Ordinance. Article IX, Section 2 of the Ordinance sets forth the criteria for granting a variance. The granting of a variance will not cause a substantial detriment to the property nor will it change the character of the district. The Comprehensive Plan encourages the maintenance and upgrading of septic systems and the use of nitrogen removal systems. The practical difficulty was not caused by the applicant = s own actions and exists as the nature of the property. The Health Department has advised the existing septic system is failing and advised the applicants as to the location of the septic system. A nitrogen removal system is required and encouraged in the Comprehensive Plan. Ms. Moredock recommended approval contingent upon the replacement system being a nitrogen removal systems, and recommended mitigation of 3:1 for disturbance in the Buffer. If any tree removal is necessary, tree replacement should occur at a ratio of 3:1 square foot of tree canopy within the Buffer.

No correspondence has been received regarding this application.

Chairman Morris invited Mrs. Docksteader to explain her request. Mrs. Docksteader explained they were not able to do construction because of various matters. There was confusion about their septic system. The Health Department informed them that their septic system is failing. They contacted an independent environmental consultant who told them they had a functional system at the present time. Plans prepared by engineer Peter Bourne were previously approved but because of other commits by their septic installer Harry Harrison, the system could not be installed within the time frame required, thus requiring the need for another buffer variance. Mrs. Docksteader advised they had planned an addition to their home but only renovated space over their existing garage.

After some discussion, Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals recommending approval of a 27 foot buffer variance for construction of 1550 square foot septic systems within the 100-foot Critical Area Buffer, siting the Planning Commission finds:

• The granting of a variance will not cause a substantial detriment to the property nor will it change the character of the district.
• The Comprehensive Plan encourages the maintenance and upgrading of septic systems and the use of nitrogen removal systems, which this will be.
• The practical difficulty was not caused by the applicant = s own actions and exists as the nature of the property.
• The Kent County Health Department advised where the location of the system should be, which is in the 100-foot buffer.
• The Docksteaders will install a nitrogen removal system.

This recommendation is contingent upon

• The replacement of the system being a nitrogen removal system
• A mitigation of 3:1 for disturbance within the Buffer, and if any tree removal is necessary, then tree replacement should occur at a ratio of 3:1 square feet of tree canopy within the Buffer.

The motion was seconded. The vote was unanimous.

STAFF REPORTS

Gail Webb Owings, Planning Director - Mrs. Owings advised the County Commissioners have heard nothing from the Task Force on Traffic Capacity Across the Chesapeake Bay and only know what they have read in the newspapers regarding the four possible sites for a new bay crossing, of which Kent County is being considered.

Amy G. Moredock, Environmental Planner - Ms. Moredock advised the Planning Commission of a the Sassafras River Association dinner meeting Tuesday, July 12, 2005, at Turners Creek Pavilion. Reports will be provided on the past year = s activities and discuss plans for Year 2 with upcoming events and meetings.

There being no further business, Chairman Morris adjourned the regular meeting at 4:00 PM. The Planning Commission then went into a work session on the Comprehensive Plan.

______________________________________

Elizabeth H. Morris, Chairman

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Elizabeth E. Carroll

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