KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, May 3, 2007, at 1:30 p.m., in the County Commissioners’ Hearing Room at 400 High Street, Chestertown, with the following members in attendance: Elizabeth Morris, Chairman; William Sutton, Vice Chairman; Patricia Langenfelder; Marcy Brown Rev. Ruben Freeman; Jay Lancaster; Joseph Hickman; Gail Owings, Director of Planning, Housing and Zoning; G. Mitchell Mowell, Attorney; Carla Martin, Community Planner; Amy Moredock, Environmental Planner and Kim Dixon, Secretary.

Chairman Morris called the meeting to order.

MINUTES

Minutes of the March 1, 2007 and April 5, 2007 were approved.

APPLICATIONS FOR REVIEW

Michael Brunner and Jean Sucharewicz – Designation of Local Historic Site - Michael Brunner and Jean Sucharewicz have submitted a nomination form to have their house located at 12754 Still Pond road designated as a historic site and listed in the Kent County Register of Historic Places.  The 2 ½ story wood frame dwelling is located on a quarter-acre lot at the southwest corner of the Still Pond crossroads.  The property is surrounded by other historic building and the area is predominately single family residential.

Michael Brunner and Jean Sucharewicz were present and sworn in with staff by Chairman Morris.

Ms. Martin reviewed the staff report noting applicable law found in the Code of Public Laws of Kent County which establishes the procedure for designation of historic sites and sets the criteria for reviewing proposed sites.  Ms. Martin noted this property meets or exceeds the criteria for establishing a historic site and complies with the goals of the Comprehensive Plan, and staff recommends approval.

The County Historic Preservation Commission supports this application.

Chairman Morris invited the applicants to speak.  Ms. Sucharewicz stated that preserving the character of Still Pond is very important to them.  She stated they would like to restore this structure to its original state, as much as possible.  Mr. Brunner said that this is the oldest standing structure in Still Pond.

There were no comments from the audience.

After some discussion, Ms. Langenfelder made a motion to forward a favorable recommendation to the County Commissioners recommending approval of Mr. Brunner and Ms. Sucharewicz’s request to have the property located at 12754 Still Pond Road be designated as a historic site, based on the following findings:

• The application is consistent with the intent of the Comprehensive Plan and meets all of the criteria for creating a Historic Site.
• The application follows the procedure and criteria for designation of a Historic Site.
• The architectural design significance is relevant.

The motion was seconded and the vote unanimous.

John F. Coleman Trust – Agricultural Land Preservation District – Jack Coleman wishes to create an Agricultural Land Preservation District on his 157.75-acre farm located on Lambs Meadow Road west on Lynch in the 3^rd Election District.  The farm consists of 155 acres of crop land and 2.75 acres of woodland.  Approximately 99.8% of the soils are considered Class I, II or III.  There are no dwellings on the property.  The farm is zoned “AZD”, Agricultural Zoning District and is outside the 10-year water and sewer plan.  The farm is adjacent to over 1,000 acres of other easements.  It is generally surrounded by farmland and is located within the Agricultural Priority Area.

There was no one present to testify on behalf of this application. 

The Agricultural Preservation Advisory Board reviewed this application, 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 the 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 goals of the Comprehensive Plan, and staff recommended approval.

There were no comments from the audience.

After some discussion, Mr. Hickman made a motion to forward a favorable recommendation to the County Commissioners recommending approval of the John F. Coleman Trust request to place its 157.75 acre farm, located on Lambs Meadow Road, in an Agricultural Land Preservation District, based on the following findings:

• 99.8 percent of the soils are class I, II or III
• It is zoned Agricultural Zoning District
• It is outside the 10-year water and sewer plan
• It is part of a block of protected lands that already exceeds 1,000 acres.
• The Comprehensive Plan encourages the preservation of large contiguous areas of active farmland
• Meets the minimum size requirement.
• Exceeds the soils capability requirement.
• Has been and continues to be used for the production of food or fiber
• It has been recommended by the Agriculture Preservation Commission.

Robert and Kathleen Watson – Agricultural Land Preservation District - Mr. and Mrs. Watson wish to create an Agricultural Land Preservation District on their 99-acre farm located on Bay Shore Road west of Fairlee in the Sixth Election District.  The farm consists of 57 acres of crop land and 38 acres o woodland.  Approximately 69.5 % of the soils are considered Class II or III and 22.2% are considered Woodland Group 2.  There is one dwelling on the property.  The farm is zoned Rural Residential and is outside the 10-year water and sewer plan.  The farm is adjacent to over 230 acres of other protected properties.  It is one of three tracts of land on the south side of Bay Shore Road that separate Fairlee and Georgetown.  There is farmland to the north and south and residential development to the east and west.  The farm is located within the Agricultural Priority Area.

Kathleen and Robert Watson were present and sworn in with staff by Chairman Morris.

The Agricultural Preservation Advisory Board reviewed the application, 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 the 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 goals of the Comprehensive Plan, and staff recommended approval.

Chairman Morris invited the Watson’s to speak.  Mr. Watson said this farm has been in his family since 1922.  Mrs. Watson said they received this farm as a gift, and whenever you are given a gift it is up to you to take care of the gift.  They would like to be good stewards and pass this land on to their children. 

There were no comments from the audience.

After some discussion, Rev. Freeman mad a motion to forward a favorable recommendation to the County Commissioners recommending approval of Mr. and Mrs. Watson’s request to place their 99 acre farm, located on Bay Shore Road, in an Agricultural Land Preservation District, based on the following findings:

• Although they only have 99 acres of land, it is adjacent to other farms that are already protected.
• The farm is consistent with the intent of the Comprehensive Plan and meets all the criteria for creating a district.
• The property is outside the 10-year water and sewer plan.
• The Agricultural Preservation Advisory Board recommends approval.

The motion was seconded and the vote unanimous.

Fred Drews and Carrel and Randy Heim – Agricultural Land Preservation District – Mr. and Mrs. Heim, daughter and son-in law of Mr. Drews, wish to create an Agricultural Land Preservation District on their 134.8-acre farm located on Clark Road north of Colemans in the Third Election District.  The farm consists of 43-acres of crop land and 89.8 acres of woodland.  Approximately 50.1% of the soils are considered Class II or III and 5.3 % are considered Woodland Group 2.  There is one dwelling on the property.  The farm is zoned Agricultural Zoning District and is outside the 10-year water and sewer plan.  The farm is adjacent to a 152-acre MALPF district.  It is generally surrounded by farmland and is not located within the Agricultural Priority Area.

Carrel and Randy Heim were present and sworn in with staff by Chairman Morris.

The Agricultural Preservation Advisory Board reviewed this application, 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 the 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 goals of the Comprehensive Plan, and staff recommended approval.

Chairman Morris invited the Heim’s to speak.  Mr. Heim stated that the farm was his wife father’s farm and was purchased in 1989.  The farm is mainly used for recreation.  His hope is to continue to use it for such activities.  They have two sons and would like them to have the opportunity to use the farm and enjoy as they have so far and maybe hand it down to their children someday.

There were no comments from the audience.

After some discussion, Mr. Lancaster mad a motion to forward a favorable recommendation to the County Commissioners recommending approval of Mr. and Mrs. Heim’s request to place their 134.8-acre farm, located on Clark Road, in an Agricultural Land Preservation District, based on the following findings:

• The farm is consistent with the intent of the Comprehensive Plan and meets all the criteria for creating a district.
• The farm consists of 43 acres of cropland and 89.8 acres of woodland.
• The property is zoned Agricultural Zoning District.
• The farm is adjacent to another preserved property.
• Meets the minimum requirements for size and soil groups.
• The property is outside the 10-year water and sewer plan.
• The property is used for the production of food.
• The Agricultural Preservation Advisory Board recommends approval.

The motion was seconded and the vote unanimous.

Mill Pond Station, LLC – Agricultural Land Preservation District – Danny and Lona Harris, partners of Mill Pond Station, LLC, wish to create an Agricultural Land Preservation District on their 280.4- acre farm located on Speer Road north of Millington in the First Election District.  The farm consists of 218.4 acres of crop land and 60 acres of woodland.  Approximately 83.7% of the soils are considered Class I, II or III and 9.9% are considered Woodland Group 2.  There are no dwellings on the property.  The farm is zoned Agricultural Zoning District and is outside the 10-year water and sewer plan.  This farm is adjacent to a 237-acre MALPF easement.  It is generally surrounded by farmland and is not located within the Agricultural Priority Area.

There was no one present to testify on behalf of this application. 

The Agricultural Preservation Advisory board reviewed this application, 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 the 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 goals of the Comprehensive Plan, and staff recommended approval.

There were no comments from the audience.

After some discussion, Ms. Langenfelder made a motion to forward a favorable recommendation to the County Commissioners recommending approval of Mill Pond Station LLC’s request to place their 280.4 acre farm, located on Speer Road, in an Agricultural Land Preservation District, based on the following findings:

• The farm is consistent with the intent of the Comprehensive Plan and meets all the criteria for creating a district.
• The farm consists of 218.4 acres of crop land and 60 acres of woodland.
• Approximately 83.7 % of the soils are considered Class I, II or III and 9.9% are considered Woodland Group 2.
• The Agricultural Preservation Advisory Board recommends approval.

STAFF REPORTS

Amy Moredock - She has been working on the Kent County Living Shoreline initiative and a grant that has generated some educational material in the form of Living Shoreline brochures specific to Kent County.  A Living Shoreline contractors’ training will be held at Turner’s Creek.  The Kent County Bay Restoration Fund Program is continuing to move forward.  She will be giving a presentation regarding the criteria and status to the Sassafras River Association.  Ms. Moredock also updated the members on the Freeman Creek buffer violation.

Carla Martin – Two historic preservation education workshops are coming up – May 10^th on the Heritage Preservation Tax Credit and May 15^th on how to research your house.  Ms. Martin provided a flyer to the members. 

Gail Owings – Mrs. Owings asked if the members would like to meet with the Town Planning Commissions now or wait until the fall.  The members decided they would rather wait until the fall.  Mrs. Owings informed the group that the Maryland Department of Transportation will hold their Pre-tour meeting on May 18, 2007.  She also informed the members of the MD 213 origin and destination traffic study.

MASTER PLANS

Mrs. Owings informed the members the final draft has been received for the Kennedyville and Worton Plan.  It is ready to be sent to the State for the 60 day review.

Mrs. Owings informed the members that the first draft of the Fairlee Plan has been received and it will be going into the Planning Commission packets.

GENERAL DISCUSSION

There being no further business, Chairman Morris adjourned the meeting at 2:43 p.m.

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Elizabeth H. Morris, Chairman

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Kimberly B. Dixon, Secretary