KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, April 6, 2006, 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; G. Mitchell Mowell, Attorney; Gail W. Owings, Planning Director; Carla A. Martin, Community Planner; and Elizabeth Carroll, Secretary.

MINUTES – The Minutes of the March 2, 2006 meeting were approved as written.

APPLICATIONS FOR REVIEW

#06-13 Roy Hoagland – Special Exception & Variance – Mr. Hoagland proposes to build a 42 by 34 ft dwelling with a 12 by 15 ft deck, and front steps on his .330 acre parcel on the corner of Elm Street and Tolchester Beach Road in the Sixth Election District. The house will be 24 ft from Elm Street, the front property line; 27 ft from Tolchester Beach Road, the side property line; 39 ft from the other side line; and 56 ft from the rear property line. Mr. Hoagland is requesting a front yard variance of 26 ft, and two side yard variances of 23 ft and 11 ft. In addition to three variances, Mr. Hoagland is also requesting a special exception to construct a single-family dwelling on property zoned “CC” Crossroads Commercial.

Mrs. Owings noted the restaurant on this property was destroyed by fire many years ago. She reviewed applicable law found in Article V, Section 10.5 and Article IX, Section 2 of the Land Use Ordinance which addresses setback requirements. Article VII, Section 2 and 7.57 of the Ordinance sets forth the criteria for a special exception.

Mrs. Owings recommended approval of Mr. Hoagland’s requested special exception and variances. It is felt the practical difficulty was not caused by the applicant’s own actions. Denial of the variances would deprive the property owner a use common in Tolchester Estates.

It was noted that the variances are reviewed by the Board of Appeals with a recommendation from the Planning Commission, however the special exception is an administrative review.

Chairman Morris invited Mr. Hoagland to comment. Mr. Hoagland advised he purchased this lot, which adjoins his home several years ago because he was concerned about the possibility of the commercial structure serving alcohol and being open late at night. He felt it would be nice to build a home on this site. The proposed house location would be setback the same as his home on the adjoining lot also providing a slight view of the Bay. Mr. Hoagland reviewed the site plan with the Planning Commission, pointing out an existing 13 ft right-of-way. He plans to break up concrete and fill existing cesspool. He has been granted sewer allocation for a single-family dwelling.

The office received one phone call from a neighbor inquiring about the project but did not have any objection. There were no comments from the audience.

Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals recommending approval of Roy Hoagland’s application to construct a single family dwelling on his property at the corner of Elm Street and Tolchester Beach Road in Tolchester Estates. The proposed dwelling will be approximately 24 ft from Elm Road which is the technical front yard, 27 ft from Tolchester Beach Road, and 39 ft from the northern side line. The recommendation is based on the following findings:

• The dwelling will not cause a substantial detriment to neighboring properties nor change the character of the neighborhood.
• The property is zoned “CC” Crossroads Commercial which requires 50 ft from the front and side property lines.
• The placement of the house would be consistent with other homes in the neighborhood.
• The proposal is consistent with the intent of the County’s Comprehensive Plan.
• A practical difficulty exists because of the size and shape of the property
• The practical difficulty is not caused by the applicant’s own actions.

The motion was seconded and the vote unanimous.

VILLAGE MASTER PLANS - Kennedyville – second meeting – April 28, 2006, 7 pm.

Worton – Butlertown – Mrs. Owings informed the Board on the discussion at the second public meeting. The third meeting for Worton – Butlertown will be – Monday, May 8, 2006, 7 pm.

COMPREHENSIVE PLAN – County Commissioners’ public hearing on the draft plan is scheduled for Tuesday, April 11, 7 pm.

CECILTON MEETING - April 11, 7 pm, a public meeting in Cecilton regarding development below the C & D Canal and ways to preserve agriculture and farmland. TDR’s are being considered. Joe Hickman plans to attend representing his own interests and on behalf of the Planning Commission encouraging the preservation of farmland. Cecil County Commissioner Mark Guns 410.996.5201 can be contacted to extend support of agricultural preservation.

There is also concern about the negative affect the Delaware 301 weigh station and the proposed toll plaza will have on Maryland roads when truck traffic takes an alternative route to avoid the weigh station and tolls. Cecilton and Galena are concerned about the impact to their roads.

STAFF REPORTS

Gail Webb Owings, Planning Director – Mrs. Owings advised new codes enforcement officer Bryan Foreman is working on zoning violations in the First Election District. Bellchester Road in the Second Election District has several zoning violations. A particular property owner has been fined $6000 for cutting and disturbing the Critical Area Buffer. He will also be required to replant.

The Board of Appeals has agreed with the Planning Commission and denied the request of the property owner for their cement patio, and the patio must be removed. Other Board decisions were discussed.

The County Commissioners have discussed the use of funds received from Critical Area violations to be used as a match for environmental restoration projects the county may want to do. A discussion ensued regarding violations and fines.

Mrs. Owings advised, The Maryland Department of the Environment will conduct a hearing on Wednesday, May 10, 2006, 6 pm at the request of the Kent County Commissioners, Department of Planning and Zoning and the Chester River Association. Elizabeth Wilson is requesting approval for an innovative septic system on her property on Bungay Creek. The proposal is not consistent with the County’s Comprehensive Plan and is not consistent with the County’s Comprehensive Water and Sewer Plan. The Kent County Health Department disapproved this proposal and it was forwarded to the Maryland Department of the Environment for their consideration. Kent County feels approval of this system sets a president for the future. Staff discussed the subject further with the Board.

Mrs. Owings informed the Planning Commission the Town of Millington would like to meet with the County Commissioners, Kent County Planning Commission, Millington Planning Commission and the Millington Mayor and Council to talk about the Millington growth area and annexation of the Maloney property. Tuesday or Thursday would be the best days to meet.

Chestertown would also like to meet with the different agencies about annexation specifically the Clark property. County will wait to hear from Chestertown.

Staff was made aware of several possible violations by the Planning Commission, specifically: illegal trailers in Golts area, and also near Bigwoods. Horizon Dairy is also in violation of the Land Use Ordinance with a feedlot exceeding the number of permitted animals.

The need for sidewalks in Butlertown was mentioned. That can be addressed in the Butlertown – Worton Village Master Plan.

Question was raised about public water and sewer in Chesapeake Landing. After some discussion, the Planning Commission suggested staff invite Wayne Morris to attend one of their meetings.

There was some discussion on several other general issues in the county.

There being no further business, Chairman Morris adjourned the meeting at 3:00 p.m.

_____________________________________

Elizabeth H. Morris, Chairman

___________________________________

Elizabeth E. Carroll, Secretary

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