KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, May 4, 2006, 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; 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.

Chairman Morris asked for a moment of silence remembering County Commissioner Scott Livie.

MINUTES - The Minutes of the April 6, 2006 meeting were approved as written.

APPLICATIONS FOR REVIEW

Jane T. Haentze, et al – Ag Preservation District – Jane Haentze and her daughters wish to create an Agricultural Land Preservation District on their 191acre farm located off Turners Creek Road north of Kennedyville in the Second Election District. The farm consists of 110 acres of cropland and 80 acres of woodland, including 58.5 acres in the floodplain. Approximately 50% of the soils are considered Class II or III with the exclusion of the floodplain. There is one dwelling on the property. The farm is zoned “RCD” Resource Conservation District and “AZD” Agricultural Zoning District. The property is outside the Ten-Year Water and Sewer Plan.

Mrs. Haentze was present with friend Sam Martin, and sworn in by Chairman Morris.

The Agricultural Preservation Advisory Board reviewed this application and found this farm to meet all the criteria for establishing a district, and voted to recommend approval.

Ms. Martin reviewed the staff report noting applicable law found in Code of Public Laws of Kent County which establishes the Agricultural Land Preservation program and sets forth the criteria for reviewing proposed districts. Ms. Martin noted this property meets the criteria for creating an Agricultural Land Preservation District and complies with the goals of the Comprehensive Plan, and staff recommended approval.

Chairman Morris invited the applicants to comment. Mr. Martin said the farm was originally in a trust and when the oldest daughter reached age 25, the trust was dissolved and distributed among the children. The family has signed the District Application. No one lives on the farm permanently. Staff noted the applicants are eligible for up to three family lots or one unrestricted lot; it is the landowner’s option when filling out the easement application forms.

There were no comments from the audience and no correspondence opposing the district.

Mrs. Langenfelder made a motion to forward a favorable recommendation to the County Commissioners, recommending approval of Mrs. Haentze’s request to create an Agricultural Preservation District for her 191 acre farm on Turners Creek Road. The Board’s decision is based on the following findings:

• The farm consists of 110 acres of cropland and 80 acres of woodland.
• Approximately 50% of the soils re considered Class I or III with exclusion of the floodplain.
• The property is outside the Ten-Year Water and Sewer Plan.
• The property meets the soils and tillable acreage criteria.
• The proposal is consistent with the Comprehensive Plan and meets the criteria for the creation of a district.
• The Agricultural Preservation Advisory Board recommended approval.

The motion was seconded and the vote unanimous. The Planning Commission commended Mrs. Haentze for her interest in establishing a district.

Owings & Sons, Inc. – Ag Preservation District – The Owings Family wishes to create an Agricultural Land Preservation District on their 336.3 acre farm located on River Road (Route 291) west of Millington in the Second Election District. The farm consists of 288.9 acres of cropland and 48.2 acres of woodland. Approximately 85.9% of the soils are considered Class I, II or III and 3.9% is considered Woodland Group 2. There are four dwellings on the property. The farm is zoned “AZD” Agricultural Zoning District, and the property is outside the Ten-Year Water and Sewer Plan.

Mr. Dorsey Owings was present and sworn in by Chairman Morris.  Mrs. Gail Owings stepped away from the Board while this application was under review.

The Agricultural Preservation Advisory Board reviewed this application and found this farm to meet all the criteria for establishing a district, and voted to recommend approval.

Ms. Martin reviewed the staff report noting applicable found in Code of Public Laws of Kent County which establishes the Agricultural Land Preservation program and sets forth the criteria for reviewing proposed districts. Ms. Martin noted this property meets the criteria for creating an Agricultural Land Preservation District and complies with the goals of the Comprehensive Plan, and staff recommended approval.

There were no comments from the audience and no correspondence opposing the district.

Mr. Owings said he had nothing additional to add to the staff’s report.

In response to a question, Ms. Martin advised there could be a maximum of three family lots or one unrestricted lot. She pointed out that is a standard option in a farm exceed 120 acres.

Rev. Freeman made a motion to forward a favorable recommendation to the County Commissioners recommending approval of Owings and Sons’ request to place their 336 acre farm in an Agricultural Land Preservation District, finding:

• The farm consists of 288.9 acres of cropland and 48.2 acres of woodland.
• Approximately 85.9% of the soils are considered Class I, II, or III
• The property is outside the Ten-Year Water and Sewer Plan.
• The Agricultural Preservation Advisory Board recommended approval.
• The property exceeds the soils and tillable acreage criteria.
• The proposal is consistent with the intent of the Comprehensive Plan and meets the criteria for creating a district.
• This farm becomes part of a block of 1600 acres of district and easement properties.

The motion was seconded and the vote unanimous.

Susan D. & Franklin D. Leonard – Ag Preservation District – Mr. and Mrs. Leonard wish to create an Agricultural Land Preservation District on their 152.07 acre farm located on Swamp Road, southwest of Betterton in the Third Election District. The farm consists of 85 acres of cropland, 5.07 acres of pasture, 50 acres of woodland and a 12 acre natural pond. Approximately 54.1% of the soils are considered Class II or III and 4.6% is considered Woodland Group 2. There are two dwellings on the property. The farm is zoned “AZD” Agricultural Zoning District and the property is outside the Ten-Year Water and Sewer Plan.

Mr. and Mrs. Leonard were present and sworn in with staff by Chairman Morris.

The Agricultural Preservation Advisory Board reviewed this application and found this farm to meet all the criteria for establishing a district, and voted to recommend approval.

Ms. Martin reviewed the staff report noting applicable law found in Code of Public Laws of Kent County which establishes the Agricultural Land Preservation program and sets forth the criteria for reviewing proposed districts. Ms. Martin noted this property meets the criteria for creating an Agricultural Land Preservation District and complies with the goals of the Comprehensive Plan, and staff recommended approval.

There were no comments from the audience and no correspondence opposing the district.

Mr. Sutton made a motion to forward a favorable recommendation to the County Commissioners recommending approval of Mr. and Mrs. Leonard’s request to place their 152 acre farm in an Agricultural Land Preservation District, finding:

• The farm consists of 85 acres of cropland, 5 acres of pasture, a 12 acre natural pond, and 50 acres of woodland.
• Approximately 54.1% of the soils are considered Class II or III and 4.6% is considered Woodland Group 2.
• The property is outside the Ten-Year Water and Sewer Plan.
• The Agricultural Preservation Advisory Board recommended approval.
• The property exceeds the soils and tillable acreage criteria.
• The proposal is consistent with the intent of the Comprehensive Plan and meets the criteria for creating a district.

The motion was seconded and the vote unanimous.

Howard A. & Rebecca P. McHenry – Ag Preservation District – Mr. and Mrs. McHenry wish to create an Agricultural Land Preservation District on their 100-acre farm located on Augustine Herman Highway (Route 213) south of Kennedyville in the Second Election District. The farm consists of 78.9 acres of cropland and 21.1 acres of woodland. Approximately 71.5% of the soils are considered Class II or III and 16.3% is considered Woodland Group 2. There is one dwelling on the property. The farm is zoned “AZD” Agricultural Zoning District. The property is outside the Ten-Year Water and Sewer Plan.

Mr. Howard McHenry was present and sworn in with staff by Chairman Morris. Mrs. Langenfelder is an adjoining property owner, but does not feel that will affect her review or recommendation of this application.

Ms. Martin reviewed the staff report noting applicable law found in Code of Public Laws of Kent County which established the Agricultural Land Preservation program and sets forth the criteria for reviewing proposed districts. Ms. Martin noted this property meets the criteria for creating an Agricultural Land Preservation District and complies with the goals of the Comprehensive Plan. Staff recommended approval.

The Agricultural Preservation Advisory Board reviewed this application and found this farm to meet all the criteria for establishing a district and voted to recommend approval. The addition of this district creates a block of over 2800 acres of preservation. The farm is located in an agricultural priority area.

There were no comments from the audience and no correspondence opposing the district.

Mr. McHenry was invited to comment. Mr. McHenry advised his family purchased the farm in 1924 and he took over the farm in 1980. He has two sons involved in farming and he wants to keep the farm in agriculture. Mr. McHenry is concerned about the residential development in the area and would prefer to see other lands remain in agriculture.

Mr. Hickman made a motion to forward a favorable recommendation to the County Commissioners recommending approval to establish an Agricultural Preservation District on the 100 acre McHenry Farm in Kennedyville, based on the following findings:

• The farm meets all required criteria for establishing a district.
• The farm consists of 78.9 acres of cropland, 21.1 acres of woodland.
• Approximately 71.5% of the soils are considered Class II or III and 16.3% is considered Woodland Group 2.
• The property is outside the Ten-Year Water and Sewer Plan.
• The Agricultural Preservation Advisory Board recommended approval.
• The property exceeds the soils and tillable acreage criteria.
• The proposal is consistent with the intent of the Comprehensive Plan and meets the criteria for creating a district.
• The establishment of this district will create a block of over 2800 acres of district and easement properties.

The motion was seconded and the vote unanimous.

Allan J. Hill, et al – Ag Preservation District – The Hill Family wishes to create an Agricultural Land Preservation District on their 304.08 acre farm located on Kennedyville Road southeast of Kennedyville in the Second Election District. The farm consists of 225 acres of cropland, 50 acres of pasture and 25 acres of woodland. Approximately 76.6% of the soils are considered Class II or III and 6.8% is considered Woodland Group 2. There is one dwelling on the property. The farm is zoned “AZD” Agricultural Zoning District. The property is outside the Ten-Year Water and Sewer Plan.

Mr. Hill was present and sworn in with staff by Chairman Morris. Mrs. Langenfelder is an adjoining property owner, but does not feel to affect her review or recommendation of this application.

The Agricultural Preservation Advisory Board reviewed this application and found this farm to meet all the criteria for establishing a district, and voted to recommend approval.

Ms. Martin reviewed the staff report noting applicable law found in Code of Public Laws of Kent County which establishes the Agricultural Land Preservation program and sets forth the criteria for reviewing proposed districts. Ms. Martin noted this property meets the criteria for creating an Agricultural Land Preservation District and complies with the goals of the Comprehensive Plan, and staff recommended approval.

There were no comments from the audience and no correspondence opposing the district.

Chairman Morris invited Mr. Hill to comment. Mr. Hill advised the farm has been in his family for more than 126 years. One farm is in land preservation and another in a district. The establishment of this district completes the lands around the Morgnec watershed. There are two homes, one on each parcel.

Mr. Lancaster made a motion to forward a favorable recommendation to the County Commissioners recommending approval of the Hill Family request to establish an Agricultural Land Preservation District for their 304-acre farm located on Kennedyville Road, finding:

• The farm consists of 225 acres of cropland, 50 acres of pasture, and 25 acres of woodland.
• Approximately 76.6% of the soils are considered Class II or III, and 6.8% is considered Woodland Group 2.
• The property is outside the Ten Year Water and Sewer Plan
• The Agricultural Preservation Advisory Board recommended approval.
• The property exceeds the soils and tillable acreage criteria.
• The proposal is consistent with the Comprehensive Plan and meets the criteria for creating a district.
• The establishment of this district will create a block of over 2800 acres of district and easement properties.

The motion was seconded and the vote unanimous.

Laura Ann Phipps – Ag Preservation District – Ms. Phipps wishes to create an Agricultural Land Preservation District for her 227.99 acre farm located on Vansant Corner Road west of Galena in the Second Election District. The farm consists of 180 acres of cropland, 12 acres of pasture and 18 acres of woodland Group2. There are two dwellings on the property. This farm is part of a block of over 2800 acres in district and easement properties, and is located on the Chesapeake Country National Scenic Byway. The farm is zoned “AZD,” Agricultural Zoning district, and is outside Ten Year Water and Sewer Plan.

Ms. Phipps was present and sworn in with staff by Chairman Morris. Mrs. Langenfelder is an adjoining property owner, but does not feel it will affect her review or recommendation of this application.

Ms. Martin reviewed the staff report noting applicable law found in Code of Public Laws of Kent County which establishes the Agricultural Land Preservation program and sets forth the criteria for reviewing proposed districts. Ms. Martin noted this property meets or exceeds the criteria for creating an Agricultural Land Preservation District and complies with the goal of the Comprehensive Plan to preserve large blocks of contiguous prim agricultural land. She recommended approval.

Ms. Phipps said she wants to keep the land in farming for her son and future generations. She noted that if enough in this area would keep their farms in farm land preservation, then there would be an economic incentive for farming to stay in Kent County. Her family has been in farming for five generations. They had to sell their farm in Wilmington, Delaware because of development. They have had this farm since 1992.

After some discussion, Ms. Brown made a motion to forward a favorable recommendation to the County Commissioners recommending approval of the Laura Phipps’ request to establish an Agricultural Land Preservation District for her 180-acre farm located on Vansant’s Corner Road, finding:

• The farm consists of 180 acres of cropland, 12 acres of pasture, and 18 acres of woodland.
• Approximately 84.2% of the soils are considered Class II or III, and 2.9% is considered Woodland Group 2.
• The property is outside the Ten Year Water and Sewer Plan
• The Agricultural Preservation Advisory Board recommended approval.
• The property exceeds the soils and tillable acreage criteria.
• The proposal is consistent with the Comprehensive Plan and meets the criteria for creating a district.
• The establishment of this district will create a block of over 2800 acres of district and easement properties.
• The farm is located along the Chesapeake Country National Scenic Byway.
• It is surrounded by farms and is located within the agricultural priority area.

The motion was seconded and the vote unanimous.

P. Wayne & Melina S. Pinder – Ag Preservation District – Mr. and Mrs. Pinder wish to create an Agricultural Land Preservation District on their 237.99 acre farm located on Kentmore Park Road north of Kennedyville in the Second Election District. The farm consists of 125.9 acres of cropland and 88.4 acres of woodland. Approximately 57.4% of the soils are considered Class II or III and 9.6% is considered Woodland Group 2. There is one dwelling on the property. The farm is zoned “AZD” Agricultural Zoning District and “RCD” Resource Conservation District and is outside the Ten Year Water and Sewer Plan.

Mr. and Mrs. Pinder were present and sworn in with staff. Mr. Hickman advised he has an interest in a neighboring farm but does not feel it will impact his review or recommendation.

The Agricultural Preservation Advisory Board reviewed this application and found this farm to meet all the criteria for establishing a district, and voted to recommend approval.

Ms. Martin reviewed the staff report noting applicable law found in Code of Public Laws of Kent County which establishes the Agricultural Land Preservation program and sets forth the criteria for reviewing proposed districts. Ms. Martin noted this farm is part of a block of over 1500 acres of district and easement properties and is generally surrounded by farmland. It is within the agricultural priority area. The farm meets the criteria for creating an Agricultural Land Preservation District and complies with the goals of the Comprehensive Plan. Ms. Martin recommended approval.

There were no comments from the audience and no correspondence opposing the district.

Chairman Morris invited the Pinders to comment. Mr. Pinder had nothing to add to staff’s report. He reviewed the map with the Planning Commission.

After a brief review, Mr. Lancaster made a motion to forward a favorable recommendation to the County Commissioners recommending approval of Mr. and Mrs. Pinder’s request to place their 237.99 acre farm located on Kentmore Park Road, in an Agricultural Land Preservation District, finding:

• This farm is in a block of 1500 acres of district or easement properties. It is surrounded by farmland and is located in the agricultural priority area.
• The farm meets the requirements of the preservation criteria in its size, soil types and use.
• The property is outside the Ten-Year Water and Sewer Plan.
• The Agricultural Preservation Advisory Board recommended approval.
• The proposal is consistent with the intent of the Comprehensive Plan.

The motion was seconded and the vote unanimous.

David B. & Patricia A. Eason – Ag Preservation District – Mr. and Mrs. Eason wish to create an Agricultural Land Preservation District on their 128 acre farm located on Still Pond Creek Road adjacent to Colemans in the Third Election District. The farm consists of 40 acres of cropland, 40 acres of woodland, and 48 acres enrolled in CRP. Approximately 48.1% of the soils are considered Class II or III and 14.4% is considered Woodland Group 1 or 2. There is one dwelling on the property. The farm is zoned “AZD” Agricultural Zoning District and “V” Village District, and is outside the Ten-Year Water and Sewer Plan.

Mr. and Mrs. Eason were present and sworn in with staff by Chairman Morris.

Ms. Martin reviewed the staff report noting applicable law found in Code of Public Laws of Kent County which establishes the Agricultural Land Preservation program and sets forth the criteria for reviewing proposed districts. Ms. Martin noted this property meets the criteria for creating an Agricultural Land Preservation District and complies with the goals of the Comprehensive Plan, and staff recommended approval.

This farm is part of a block of almost 250 acres of district and easement properties. It is located within the agricultural priority area.

The Agricultural Preservation Advisory Board reviewed this application and found this farm to meet all the criteria for establishing a district, and voted to recommend approval.

Chairman Morris invited the Easons to comment. Mr. Eason feels is disappointed with development in other counties and wants to see Kent County preserve its farmland.

There were no comments from the audience and no correspondence opposing the district.

After some discussion, Mr. Sutton made a motion to forward a favorable recommendation to the County Commissioners recommending approval of Mr. and Mrs. Eason’s request to place their 128 acre farm, located on Still Pond Creek Road in an Agricultural Land Preservation District, finding:

• The farm consists of 40 acres of cropland, 40 acres of woodland, and 48 acres enrolled in CRP.
• This is an agricultural priority area.
• The farm adjoins the community of Colemans and is between other district or easement properties creating a block of almost 250 acres of preservation.
• The property is outside the Ten-Year Water and Sewer Plan.
• The Agricultural Preservation Advisory Board recommended approval.
• The proposal is consistent with the intent of the Comprehensive Plan and meets the criteria for creating a district.

The motion was seconded and the vote unanimous.

Sandra E. Johnston – Ag Preservation District - Ms. Johnston wishes to create an Agricultural Land Preservation District for her 77 acre farm located on Smithville Road northwest of Worton in the Third Election District. The farm consists of 59.6 acres of cropland and 16.4 acres enrolled in CREP. Approximately 77.4% of the soils are considered Class II or III. There are no dwellings on the property. The farm is zoned “AZD” Agricultural Zoning and is outside the Ten Year Water and Sewer Plan.

Ms. Johnston was present and sworn in with staff.

This farm is part of a block of almost 1350 acres of district and easement properties. The farm is surrounded by farmland and is located within the agricultural priority area. The Agricultural Preservation Advisory Board reviewed this application and found this farm to meet all the criteria for establishing a district, and voted to recommend approval.

Ms. Martin reviewed the staff report noting applicable law found in Code of Public Laws of Kent County which establishes the Agricultural Land Preservation program and sets forth the criteria for reviewing proposed districts. Ms. Martin noted this property meets the criteria for creating an Agricultural Land Preservation District and complies with the goals of the Comprehensive Plan, and staff recommended approval.

Ms. Johnston said she is aware this is a small farm however she was raised on the farm which was owned by her grandparents, and would like to preserve this farmland for her children and preserve the agricultural area. She presently lives on the farm. Lots have previously been divided for her children.

There were no comments from the audience and no correspondence opposing the district.

After a few comments by the Board, Mrs. Langenfelder made a motion to forward a favorable recommendation to the County Commissioners recommending approval of Ms. Johnston’s request to place her 77 acre farm in an Agricultural Land Preservation District, finding:

• The farm will be part of a block of almost 1350 acres of district and easement properties, and it is within the agricultural priority area.
• The property is outside the Ten-Year Water and Sewer Plan.
• The Agricultural Preservation Advisory Board recommended approval.
• The property exceeds the soils and tillable acreage criteria.
• The proposal is consistent with the intent of the Comprehensive Plan and meets the criteria for creating a district.

The motion was seconded and the vote unanimous.

Vestry of North Kent Parish, St. Clement’s Church – Ag Preservation District – The Vestry of North Kent Parish, St. Clement’s Church, wishes to create an Agricultural Land Preservation District on their 261.55 acre farm located on Maryland Line Road east of Massey in the First Election District. The farm consists of 260 acres of cropland and 1.5 acres of woodland. Approximately 95.4% of the soils are considered Class I, II or III. There is one dwelling on the property. The farm is zoned “AZD” Agricultural Zoning District and is outside the Ten-Year Water and Sewer Plan.

Herman Gassner and Pastor Iliana Linstrom were present and sworn in by the chairman.

Ms. Martin noted this farm is adjacent to the 3800 acre Millington Wildlife Management Area and another 185 acres of district and easement properties. The surrounding area is farmland and is located within the agricultural priority area.

Ms. Martin noted applicable law and noted the criteria for establishing a program of agricultural land preservation. The property meets or exceeds the criteria for creating a district and complies with the goal of the Comprehensive Plan to preserve large block of contiguous prime agricultural land. Staff recommended approval.

Chairman Morris invited the applicants to speak. Mr. Gassner sees the development occurring in Delaware and feels there will soon be development pressure on farms in Kent County. At one time the Diocese had fourteen farms that were willed to individual churches. Now, there are only two, Shewsbury in Cecil County and St. Clements in Kent County. The Church Vestry is 100% in favor of preserving the farm.

Pastor Linstrom advised the Vestry feels the best way to honor the benefactor’s memory is by preserving the farm. The church is on a separate parcel.

Following a few comments, Rev. Freeman made a motion to forward a favorable recommendation to the County Commissioners recommending approval of the request by the Vestry of North Kent Parish their 261.55 acre farm on Maryland Line Road, in an Agricultural Land Preservation District, finding:

• There are 260 acres of cropland and 1.5 acres of woodland.
• Approximately 95.4% of the soils are considered Class I, II or III.
• The property is outside the Ten-Year Water and Sewer Plan
• The farm will adjoins the 3800 acre Millington Wildlife Management Area and another 185 acres of district and easement properties.
• The land is within the agricultural priority area.
• The Agricultural Preservation Advisory Board recommended approval.
• The proposal is consistent with the intent of the Comprehensive Plan and meets the criteria for creating a district.

The motion was seconded and the vote unanimous.

Michael L & Beth W. Falcone – Ag Preservation District – Mr. and Mrs. Falcone wish to create an Agricultural Land Preservation District for 184-acres of their 341-acre farm located on Ward Oaks Lane off MD Route 291, east of Chestertown in the Second Election District. In 2004 Mr. and Mrs. Falcone placed a donated conservation easement on 157 acres that is held by the Eastern Shore Land Conservancy and the Maryland Environmental Trust. They are now placing the remainder of the farm in a MALPF District. The 184-acre portion of the farm consists of 40 acres of cropland and 109.1 acres of woodland. Approximately 76.7% of the soils are considered Class II or III. There are two dwellings on the property. The farm is zoned “AZD” Agricultural Zoning District and “RCD” Resource Conservation District and is outside the Ten-Year Water and Sewer Plan.

Attorney Philip W. Hoon was present on behalf of his clients.

Ms. Martin noted this farm is part of a block of almost 1650 acres of easements. The property is adjacent to the rural village of Morgnec. The surrounding area is characterized by scattered houses and farmland. This farm is not within the agricultural priority area.

Ms. Martin reviewed the staff report noting applicable law found in Code of Public Laws of Kent County which establishes the Agricultural Land Preservation program and sets forth the criteria for reviewing proposed districts. Ms. Martin noted this property meets the criteria for creating an Agricultural Land Preservation District and complies with the goals of the Comprehensive Plan, and staff recommended approval.

The Agricultural Preservation Advisory Board reviewed this application and found this farm to meet all the criteria for establishing a district, and voted to recommend approval.

Attorney Hoon said what a remarkable contrast between Cecil, Queen Anne’s and Kent County. The Falcones wish to continue with the preservation of agricultural lands by placing their farm in a district. Last year the Falcones placed a conservation easement on a portion of their farm with the Eastern Shore Land Cosnervancy and the Maryland Environmental Trust. They now want to place the balance of the farm in an Agricultural Preservation District. Mr. Hoon showed the Planning Commission the location of three dwellings on the farm.

There were no comments from the audience and no correspondence opposing the district.

After some discussion, Mr. Hickman made a motion to forward a favorable recommendation to the County Commissioners recommending approval of Mr. and Mrs. Falcone’s request to place 184 acres of their 340 acre farm off Route 291, in an Agricultural Land Preservation District, finding:

• The farm consists of 40 acres of cropland and 10950 acres of woodland.
• Approximately 76.7% of the soils are considered Class II or III
• This farm forms a block of almost 1650 acres of easements.
• The property is outside the Ten-Year Water and Sewer Plan.
• The Agricultural Preservation Advisory Board recommended approval.
• The proposal is consistent with the intent of the Comprehensive Plan and meets the criteria for creating a district.

The motion was seconded and the vote unanimous.

Charlotte D. Staelin – Ag Preservation District – Ms. Staelin wishes to create an Agricultural Land Preservation District for 292 acres of her 342 acre farm located on Georgetown Cemetery Road north of Galena in the First Election District. In 2003 Ms. Staelin placed a donated conservation easement on 50 acres that is held by the Eastern Shore Land Conservancy and the Maryland Environmental Trust. She is now placing the remainder of the farm in MALPF District. The 292-acre portion of the farm consists of 243 acres of cropland and 40 acres of woodland. Approximately 79.5% of the soils are considered Class I, II or III. There are two dwellings on the property. The farm is zoned “AZD” Agricultural Zoning District and “RCD” Resource Conservation District and is outside the Ten-Year Water and Sewer Plan.

Charlotte Staelin was present and sworn in with staff by Chairman Morris.

Ms. Martin reviewed the staff report noting applicable law found in Code of Public Laws of Kent County which establishes the Agricultural Land Preservation program and sets forth the criteria for reviewing proposed districts. Ms. Martin noted this property meets the criteria for creating an Agricultural Land Preservation District and complies with the goals of the Comprehensive Plan, and staff recommended approval.

The Agricultural Preservation Advisory Board reviewed this application and found this farm to meet all the criteria for establishing a district, and voted to recommend approval.

There were no comments from the audience and no correspondence opposing the district.

Ms. Staelin informed the Planning Commission that she is presently supplying residents with pesticide free vegetables with their community supported agricultural project on ten acres. One hundred families have joined. She wants to preserve the farm that has been in her family since 1875.

Mrs. Langenfelder made a motion to forward a favorable recommendation to the County Commissioners recommending approval of Charlotte Staelin’s request to place her 292 acres of her 342 acre farm located on Georgetown Cemetery Road, north of Galena acre farm in an Agricultural Land Preservation District, finding:

• 50 acres of the farm have already been donated for a conservation easement held by the Eastern Shore Land Conservancy and the Maryland Environmental Trust
• The farm consists of 243 acres of cropland and 40 acres of woodland.
• Approximately 79.5% of the soils are considered Class I, II or III
• Although the farm is not within the agricultural priority area, it is along the Chesapeake Country National Scenic Byway.
• The property is outside the Ten-Year Water and Sewer Plan.
• The Agricultural Preservation Advisory Board recommended approval.
• The property exceeds the soils and tillable acreage criteria.
• The proposal is consistent with the intent of the Comprehensive Plan and meets the criteria for creating a district.

The motion was seconded and the vote unanimous.

#06-40 Alberta Frances Lindauer – Major Subdivision (1 Lot) - Ms. Lindauer proposes to subdivide one 2.0 acre parcel from her 74 acre parcel on Worton Road (Route 297) near Worton, in the Third Election District. The property is zoned “I” Industrial and is across Route 297 from industrial and business uses including CFF and the proposed county business park. This parcel is part of the Parson’s property that has been subject to many subdivisions over the years including the parcels owned by Kent County, CFF and KRM.

Chairman Morris excused herself from review of this application because her family tills the Lindauer farm. Mr. Hickman said he manages a neighboring property but does not feel it will affect his review or decision. Vice Chairman Sutton swore in Alberta Lindauer.

Mrs. Owings reviewed the staff report and relevant issues. Applicable law is found in Article V, Section 15 of the Land Use Ordinance. A forest conservation plan, indicating the required amount of forest needs to be completed. The plan should contain calculations for the amount of required forest, forest existing on site and a written proposal for meeting these requirements. Mrs. Owings recommended approval of the preliminary plan. Before final approval may be granted forest conservation, stormwater management and sediment control plans must be approved.

Mrs. Lindauer said the purpose of the subdivision is to provide her an opportunity to construct a home. She does not intend to further subdivide the property. Access to the lot is required by a 75 ft wide right-of-way, however she does not plan to use it and will use the existing lane. Mrs. Lindauer asked if a forest conservation plan was necessary. She was advised that she should sign the form in the Planning Office for an Intra-Family Transfer.

Mrs. Owings stated that only stormwater management and sediment control is needed for final approval.

There was no correspondence on this proposal and no comments from the audience.

After a brief review, Mr. Hickman made a motion to grant preliminary subdivision approval for the Alberta Lindauer subdivision for a 2.0 acre parcel from her 74 acre parcel on Route 297 near Worton, finding:

• The proposal complies with the County Comprehensive Plan to provide a wide range of housing.
• The proposed subdivision meets the minimum size requirements.
• An Intra-Family Transfer must be completed or a forest conservation plan prepared.
• For final approval, stormwater management and sediment control must be address.

The motion was seconded and the vote unanimous.

Landscape Islands & Cul-de-sac Plantings - County Roads Supervisor Ed Spray was present. Mrs. Langenfelder advised that family members are involved with Montabello LLC and excused herself from review of this discussion.

Mrs. Owings advised that when the subdivisions were approved for Reeds Meadow and Montabello Hills, they included a landscape island in a cul-de-sac with the road plans. The County Roads Department feels these landscape islands will interfere with snow removal and other maintenance of the roads and would like to have them removed. The developers of both subdivisions do not care whether the landscape islands exist or not.

Mr. Spray informed the Planning Commission that it is difficult to push snow around a cul-de-sac and would like to see the cul-de-sacs islands removed. It also makes it difficult for emergency equipment to get around. He does not feel it is practical. Mr. Spray is not aware of any other landscaped cul-de-sacs in the county.

Mrs. Owings advised they were designed for water quality, stormwater management and general design purposes to improve the subdivision and provide more privacy for homes.

Attorney Mowell said it will be necessary to have an addendum or amendment to the approved subdivision plat.

Mr. Spray said the contractors have agreed to do their afforestation in other areas.

After some discussion, Mr. Lancaster made a motion that the cul-de-sac island designs included in the subdivisions of Reeds Meadow and Montabello Hills II, be removed from the recorded plats and be re-recorded removing the landscape islands. This motion is being made because of the Planning Commission’s concern for safety purposes – snow removal, visibility and safety. The motion was seconded. The vote was unanimous.

MEETING DATES

Monday, May 8, 2006

7 pm, Worton & Butlertown Village Master Plan at Mt. Olive Church. Marcy Brown and Elizabeth Morris will attend.

Chestertown Annexation Discussion. Town Hall, 7 pm. Pat Langenfelder will attend.

DELDOT meeting on reconstructing Route 301, tolls and possible diversion of traffic – Galena Town Hall. Jay Lancaster and Bill Sutton will attend. 

Wednesday, May 10

6 pm, County Commissioners’ Hearing Room. The Chester River Association requested a public hearing to review a determination by MDE to issue a discharge permit to Elizabeth Wilson property on Bungay Creek for an innovative septic system. The County feels it is not consistent with County Water and Sewer Plan or the County Comprehensive Plan. Rev. Freeman will attend with staff.

Thursday, May 25

7 pm, Fairlee-Georgetown Village Master Plan meeting, at Potter’s Ministries on Lambs Meadow Road.

April

Kennedyville Village Master Plan meeting. Positive meeting talking about where growth should occur. Mrs. Owings summarized with comments from Planning Commission.

Cecil County Meeting

Joe Hickman advised he has attended several meetings in Cecil County regarding possible zoning changes. He advised Cecil County that he would discuss pending issues with the Kent County Planning Commission to encourage their support of Cecil County’s interest in creating an agricultural district below the C & D Canal and a TDR program. Mr. Hickman expanded on the efforts of Kent County to preserve agriculture.

Mr. Hickman made a motion that the Planning Commission send a letter of support to the Cecil County Planning Commission and Cecil County Commissioners with a copy to the Kent County Commissioners, encouraging a change in zoning that will protect farmland, possibly a 1 per 20 density rather than a 1 per 8 density, and a TDR program. The motion was seconded and the vote unanimous. Staff will prepare a letter.

STAFF REPORTS

Amy Moredock, Environmental Planner – Ms. Moredock commented on Upper Shore Tributary Strategies meeting in Centreville scheduled for Monday, May 8.

Carla A. Martin, Community Planner – Ms. Martin is working on an FRPP grant application. There should be more district applications before the Planning Commission in June.

Gail Webb Owings, Planning Director – Mrs. Owings noted that on Tuesday night the Agricultural Resolution Board will hold its first meeting.

The Eastern Shore Land Conservancy received a grant connected with the Transportation Bill to purchase easements along the Chesapeake Country National Scenic Byway.

The County Commissioners adopted the new Comprehensive Plan on Tuesday.

GENERAL COMMENTS

Joe Hickman thanked staff for all their efforts to support and enforce the County’s Comprehensive Plan. Jay Lancaster added that it is a privilege to work with a staff of the highest character, intelligence, and who have the best interest of our county at heart. The Commission concurred.

Rev. Freeman asked about an ongoing violation on Crosby Road. Ms. Moredock advised staff did a site inspection and correspondence has been sent to the property owner.

There being no further business, Chairman Morris adjourned the meeting at 3:50 p.m.

_______________________________________

Elizabeth H. Morris, Chairman

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Elizabeth Carroll, Secretary

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