KENT COUNTY, MARYLAND
PLANNING AND ZONING

            The Kent County Planning Commission met in regular session on Thursday, July 6, 2006, in the County Commissioners’ Hearing Room at 400 High Street, Chestertown, Maryland, with the following members in attendance: William S. Sutton, Vice Chairman; Patricia Langenfelder; Marcy Brown; Rev. Ruben Freeman; Jay Lancaster; Gail W. Owings, Planning Director; Carla Martin; Community Planner; and Elizabeth Carroll, Secretary.

MINUTES – The minutes of the May 4, 2006 meeting were approved as written. The minutes of the June 20, 2006 meeting were approved as written.

APPLICATIONS FOR REVIEW

#06-74  Ronald & Robin Fithian / Locsmith, LLC – Major Subdivision (Concept) – Mr. and Mrs. Fithian have submitted a concept plan for a 17-lot major subdivision on their 22.889 acre parcel on Anderson Avenue and MD Route 445, adjacent to the Town of Rock Hall, in the Fifth Election District.  The property is zoned “CR” Community Residential.

Ronald and Robin Fithian were sworn in with their surveyor Harry Smith of Delmarva GPS, along with staff by Vice-Chairman Sutton.

Mrs. Owings reviewed the lengthy staff report noting relevant issues, appropriate sections of the Comprehensive Plan, and applicable law found in Article V, Section 6 of the Land Use Ordinance which addresses requirements for the “CR” District.  Mrs. Owings noted the developers must address: General Standards; Environmental Mental Standards; Forest Conservation; Design Standards; Subdivision Review Standards.  Staff’s comments included the following:

• Comprehensive Plan encourages development in and around existing towns. Effort should be made to assure there will be an increase in quality or quantity of forest and wetlands.
• The proposal complies with density, bulk, environmental and design requirements.
• Proposal should have little impact on circulation or the view from Colchester Road.
• Walking path to Rock Hall ball field should be provided. A sidewalk or 10-foot easement should be provided along Tolchester Road.
• Rock Hall must approve the allocation to subdivision.
• Care must be taken during construction to achieve positive drainage and still maintain quality of existing wetlands.
• According to Kent County Soils Survey, the type of soil (Othello) found at the site is limited for dwellings and roads. The soil should not be used as a source for road construction.
• Lot sizes are the same but the width of the lots varies.
• Street trees will be required.
• Lighting should be dark-sky compatible.
• Removal of forest has been minimized.  Attention should be paid to afforestation.
• Applicants have made an admirable effort to integrate the subdivision into the existing landscape.

Mrs. Owings advised correspondence was received from the State Highway Administration approving the proposed entrance.

Mr. Fithian noted percolation for septic systems in the Rock Hall area is very limited, including his 23 acre parcel.  His property is accessible to public sewer.  Mr. Fithian has partnered with a developer for the subdivision and plans to reserve lots for his children.  He feels this is a perfect location for development

following the goals of the Comprehensive Plan to create development in and around existing communities and where there is availability of water and sewer.

            Surveyor Harry Smith reviewed the proposed subdivision and boundary line adjustment with the Planning Commission.

            Providing an easement from the subdivision to the existing ball park was discussed.  Mr. Fithian pointed out it would be necessary to cross private property to get to the park area.  He explained that Anderson Avenue becomes a private lane for which he has an easement to get to his property.  Discussion ensued regarding the roadway.

            Question was raised about nontidal wetlands on the site. Mr. Fithian explained where the nontidal wetlands originate and the line it follows.

            Vice Chairman Sutton invited the public to comment, and after being shown in the following presented comments.  Donald Bozarth, adjoining property owner, questioned the location of the easement off Route 445.  He had some concerns about the survey of the property lines.  Mr. Fithian responded saying the right-of-way will be about center between the two new existing homes next to Mr. Bozarth.

Ernest Eckenrode, owner of the adjoining farm, asked the possibility of public water for this development site.  Mr. Fithian said he would like to have public water but does not anticipate Rock Hall extending public water anytime in the near future.  Mr. Eckenrode would support public water for the area.  Mr. Eckenrode also noted that he would dedicate an access to the park property.

The Planning Commission questioned the location of the stormwater management area and made some suggestions which the applicants agreed to consider.

Through review and discussion, the Planning Commission advised the applicants of the following:

o       The Comprehensive Plan directs growth to occur in and around existing communities in a manner that compliments their character.

o       Investigate switching the location of Lot 17 with the stormwater management area.

o       Investigate providing a walkway to the ballpark from the subdivision. The adjacent property owner expressed the desire to cooperate in this effort.

o       Provide a 10-foot easement along Route 445 for future sidewalk.

o       Remove one of the driveways from the existing house.

o       Investigate incorporating the enhancement of nontidal wetlands into the stormwater management plan.

o       Approach the Town of Rock Hall about extending the water lines.

o       Nontdal wetland mitigation payments should go towards improvements to the wetlands at the Blue Heron Park in Rock Hall.

#06-75  S. Sandebeck & Peter Covert /Greg Seward – Variance (Stream Protection Corridor)  - The applicant is requesting a variance of the stream protection corridor in order to place a portion of a 64 by 28 ft new single family dwelling and 26 by 24 ft garage attached to the front of the house. Also a 16 by 20 ft rear deck is proposed. The property is located on Chestertown Road (Route 20), in the Sixth Election District, and is zoned “RC” Rural Character.   

Present and sworn in my Vice Chairman Sutton were: Gregory Seward, Stephen Sandebeck and Gail Owings.

Mrs. Owings reviewed the staff report noting relevant issues and applicable law found in Article V, Section 3 of the Land Use Ordinance.  Article V, Section 3.7B7 establishes the Stream Protection Corridor regulations.  Article IX, Section 2.2.3 sets for the criteria for granting variances of the stream protection corridor.

Staff fines the variance will not cause a substantial detriment to adjacent or neighboring properties. It will not change the character of the neighborhood, however it is neither consistent with the spirit of the environmental standards nor the Comprehensive Plan goals to increase forest, improve water quality, and encourage stewardship of the Bay and its tributaries. The property is unusual in that it has a steam protection corridor running on one side of the property. The practical difficulty is caused by the applicants desire to build this type of house instead of a different house style which would fit into the available space. Therefore, Mrs. Owings recommended denial of the application.  The driveway may be in the side yard setback and there are many house styles that would fit into an area with that ranges from 42 to 80 ft over a 50 ft swath behind the drainage area shown on the plat.

Correspondence has been received from James J. White IV, an adjoining property owner, advising he is generally opposed to granting a buffer variance, however he is aware this property has certain challenges. “Should the Board grant a variance, he requested: 1) the applicant have a professional study done to reveal the potential impact on these wetlands from any and all runoff; and 2) the Board require the applicant to do as much as possible to keep stormwater and chemical run-off on-site as long as possible prior to draining into adjacent property and stream as the stream is considerably lower than the location where the home is to be placed.”

Vice-Chairman Sutton invited the applicants to speak.  Mr. Sandebeck advised the surveyor shown to them showed no blue-line stream.  He reached the deeds did not find any mention of a blue-line stream. When they purchased the property it was not wet.  Mr. Sandebeck said they certainly will do every thing they can to protect the areas.  He noted the 10,000 sq ft septic area causes a building problem as well and there is not much area left to build on.  Discussion ensued.

Mr. Seward advised he is building a one-story home for his retirement.  He is willing to move the structure forward but is limited because of an existing swale.  The placement of the home lines up with the house on the adjoining property.  Only one tree would be disturbed. 

After lengthy discussion and review, Ms. Brown made a motion to recommend denial of the variance request to enable the applicant to encroach the 100-foot Stream Protection Corridor with portions of a new single family dwelling, deck and parking area.  This motion is based on the following findings of fact:

• The proposal will not change the character of the neighborhood.
• The proposal will not cause a substantial detriment to neighboring properties.
• The proposal is not consistent with the goals of the Comprehensive Plan to increase the amount of forest, improve water quality and encourage stewardship of the Bay and its tributaries.
• The proposal is not consistent with the general intent of the Land Use Ordinance to preserve healthy natural vegetated Stream Protection Corridors
• This headwater streams plays an important role in the overall health of the East Fork of Langford Bay.
• The Stream Protection Corridor runs down one side of the property, but there is ample room to build a house that will not interfere with the corridor and be consistent with in the neighborhood, therefore a practical difficulty.
• The applicant created the practical difficulty by choosing this location for this style home.

The motion was seconded and the vote unanimous.

#06-63 Angelica Nurseries / Nextel – Special Exception; #06-64 – Site Plan Review - Nextel Communications is requesting a special exception and site plan approval to construct a 158 ft monopole wireless communications tower, one 11.5 by 20 ft modular equipment shelter and a 6 by 10 ft concrete generator pad, on a 229.89-acre farm owned by Angelica Nurseries. The farm is located on Locust Grove Road, in the Second Election District, and is zoned “AZD” Agricultural Zoning District.

Mr. Sutton disclosed that Nextel is also looking at his property as a possible site for a future tower.

Vice-Chairman Sutton swore in Jim Michael, member of the Jackson & Campbell law firm in Washington and member of the American Bar.  Mr. Michael said he just spoke with a neighbor of Angelica Nurseries who has concerns about the site.  For that reason, and in the interest of being a good neighbor, Mr. Michael requested the application be tabled to provide time to look for another site on the farm that would be more acceptable to the neighbors.  They will defer the application to the August Planning Commission meeting. 

Mr. Bill Faulker, an adjoining property owner, wanted it known for the record, that Angelica Nurseries has been good neighbors over the years. He does not want to hold up progress and is sure they should be able to work something out to satisfy all parties.

 STAFF REPORTS

            Carla A. Martin, Community Planner – Ms. Martin advised staff applied for a grant from the Maryland Historical Trust for some preservation planning activities, but the grant request was denied.  Staff is going to look for other funding sources for next year.

            Gail Webb Owings, Planning Director – Mrs. Owings advised the County Commissioners have approved the Parks and Recreation Plan and it has been forwarded to the State.  County Commissioners also approved the Upper Chester River Watershed Plan.

            Village Master Plans – Fairlee/Georgtown will be scheduling their meeting in the next few weeks.

Worton/Butlertown had their last meeting.  There are concerns about maintaining a priority funding area at the state level so houses would be eligible for housing rehab grants or other project that would be state funds and still meet the needs and desires of the community to limit housing.  Staff will be following up with consultants on the Kennedyville plan. 

            None of the three village master plans will be completed and have implementation by September 19 when the moratorium will terminate.  Mrs. Owings asked the Planning Commission if they wished to request the County Commissioners grant an extension of the moratorium.  The Board discussed the various master plans and outstanding issues.  It was decided to request the County Commissioners extend the moratorium to September 19, 2007 or until completion of the village master plans and amendments to the Land Use Ordinance.

            There being no further business, Vice Chairman Sutton adjourned the meeting at 3:45 p.m.

 

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William S. Sutton, Vice-Chairman

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Elizabeth Carroll, Secretary