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KENT COUNTY, MARYLAND
PLANNING AND ZONING
| Commission Minutes |
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The Kent County Planning Commission met in regular session on Thursday, June 7, 2007, 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; MINUTES – The Minutes of the May 3, 2007 meeting were approved as written. APPLICATIONS FOR REVIEW Elizabeth Nau – Agricultural Land Preservation District – Elizabeth Nau wishes to create an Agricultural Land Preservation District on her 285.7 acre farm located on Elizabeth Nau and Linda Miller were present to testify on behalf of the 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, Mrs. Langenfelder made a motion to forward a favorable recommendation to the
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87.5 percent of the soils are Class I, II or III
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Meets all criteria set forth by the MALPF program
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It is zoned Agricultural Zoning District
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It is outside the 10-year water and sewer plan
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The Comprehensive Plan encourages the preservation of large contiguous areas of active farmland
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Meets the minimum size requirement.
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Exceeds the soils capability requirement.
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Has been and continues to be used for the production of food or fiber
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It has been recommended by the Agriculture Preservation Commission. The motion was second and approved to send a favorable recommendation to the Breck and Susan Debnam - Agricultural Land Preservation District – Breck and Susan Debnam wish to create an Agricultural Land Preservation District on their 143.454 acre farm located on Susan and Breck Debnam were present to testify on behalf of the 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. Sutton made a motion to forward a favorable recommendation to the
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92.5 percent of the soils are Class I, II or III
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Part of a block of over 1,500 acres of preserved lands
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There is development on two sides of the property
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Meets all criteria set forth by the MALPF program
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It is zoned Agricultural Zoning District
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It is outside the 10-year water and sewer plan
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The Comprehensive Plan encourages the preservation of large contiguous areas of active farmland
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Has been and continues to be used for the production of food or fiber
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It has been recommended by the Agriculture Preservation Commission. The motion was second and approved to send a favorable recommendation to the 07-50 Howard R. Thieme – Major Subdivision – Howard Thieme requests concept review for a major subdivision of one lot from his 228 acre farm. The proposed lot will be 2.013 acres. The property is located on Wayne Thieme and Michael Scott were present and were sworn in with staff by Chairman Morris. Ms. Martin reviewed the Staff Report and relevant issues found in Article V, Section 1.5 of the Kent County Land Use Ordinance which establishes the area, density and width requirements for development in AZD. Ms. Martin reviewed applicable law found in Article V, Section 1.7 which sets forth environmental standards for the AZD district. Staff Comments included the following:
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A forest conservation plan is not required as this is an intra-family transfer
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A standard stormwater management plan and a standard sediment control plan will be required at the time of application for a building permit. Ms. Martin also reviewed Article V; Section 1.8 which sets forth design standards for the AZD that addresses site access and subdivision. Also reviewed was Article VI, Section 6.3, B.15. The Historic Preservation Commission has reviewed this application because as shown on the concept plat, the subdivision would result in the demolition of the existing historic house. The applicant does not want to restore and live in the existing house and would have preferred to create a new lot that didn’t interfere with the existing house. However, according to the applicant, the only location the Health Department would approve for a septic system is near the corner of the existing house. The Historic Preservation Commission is concerned about the potential loss of this house. The Commission would like to see a more aggressive attempt made to find someone who would relocate the house or warehouse the structure until a suitable buyer and lot could be found. They would also like to see if there is an alternative location for the septic system on the lot or on the farm with an overlay easement. If demolition becomes inevitable, at a minimum they would like to require full documentation of the house by a qualified professional. Ms. Martin stated that she spoke with John Beskid, Kent County Health Department today and he stated that he would re-evaluate how the SRA has been located on this plat and try to work with the Planning Office and the land owner and try to find a way to redraw the lot lines to avoid the property line running through the house. No other correspondence was received. Mr. Scott testified that Mr. Thieme proposes to create a lot that is a little over two acres. He would like to have this location because it is next to all of his farm equipment. Mr. Scott said he is aware there have been comments in reference to the septic reserve area. He said they have been working on this for two years. The farm is limited as to where a septic system could be placed. Only two desirable areas were found, one of which is with the remainder of the farm and the other is located right next to the existing house. Mr. Scott stated that Mr. Beskid called him this morning and said he would try to work with them but he doesn’t know how far it could be moved because other areas have failed. Mr. Scott said that Mr. Thieme plans to build a new house on this property and make this his home. Mr. Thieme stated that they have tried everything to find acceptable locations for the septic system. He is flabbergasted at the fact that an area for the septic area was so difficult to find. He wanted to build his house in front of the original house. It has always been his intention to demolish the existing house. He submitted a letter from David Leager, Sassafras River Realty, outlining his efforts to get someone to move the structure. He said he has been unsuccessful. There were many people who looked at the house but none of them were willing to tackle it. Mr. Lancaster asked if Mr. Thieme has ever spoken to the Historic Preservation directly. Mr. Thieme stated he had left that up to Dave Leager and told him to talk to whom ever he needed to and try to do something with this house. Mr. Thieme said there was an article in the newspaper in 2001 and no one ever stepped forward with interest. Mr. Lancaster asked if Dave Leager had told him about the new historic district ordinance. Mr. Thieme said no. Mr. Lancaster said if there is an interest in doing something, there should be direct communication with the Historic Preservation Commission or they should reach out to him. Mr. Thieme said at this point the house is in very bad shape on the inside and he is not even sure it can be moved. Mr. Lancaster said there are people on that Commission that may be able to assist. Ms. Morris added that the Historic Preservation Commission is a new formed Commission. Ms. Martin stated that the Historic Preservation Commission has reviewed this application. She said that if Mr. Thieme has said he had any interest in living in the house she would have informed him of this Commission. She stated he made it very clear that he doesn’t want to live in the house. Mr. Thieme said that is true he does not want to live in the house. Ms. Morris asked if there were any more questions from the Board. Ms. Langenfelder asked why he is creating a lot rather than just applying for a building permit to build the house. Mr. Thieme stated that he does not want his father to co-sign a loan for him. He will need a loan to build the house and the property needed to be in his name to get the financing. She asked if there was any place along the road where a lot could be created. Mr. Scott said no. Ms. Langenfelder said her concern is creating a lot that is recessed inside a farm and which could cause issues later when the land eventually changes ownership. Mr. Hickman stated that after all the due diligence that has been done, if this house is in such poor condition that no one has shown any interest in trying to remove it, and the cost of restoring it is prohibitive, and it is a liability and it isn’t going to get any better, who is going to want that building sitting next to his house. At some point the disposition of it needs to be recognized. Ms. Brown said that you are losing an 18th Century building. Ms. Morris asked for comments from the audience. Mr. Davy McCall was sworn. He stated that he is the Chairman of the Kent County Historic Preservation Commission. He said he would like to express the value of the house. It is part of Nancy McGuire was present and sworn by Chairman Morris. Ms. McGuire stated that she is a real estate broker of Maryland Heritage Properties. Most of what she sells are historic buildings. The building should be restored or moved. She would like to offer her talent to try to assist Mr. Thieme in having this house moved for preservation. Ms. Brown asked how long it generally takes to put the buyer and the seller together in this kind of situation. Ms. McGuire said since the house is free of charge, except the cost to move, exposure will be the key to this and that is where she feels she can assist. Gordon Scott Lawrence was present and sworn by Chairman Morris. Mr. Lawrence stated he is an ancestor to the family that was murdered. He stated that he still has not been able to find where the graves are. They do not know if they are on the farm or not. He feels it is very important to preserve this house or to move it so that it can be preserved. Marge Fallaw was present and duly sworn by Chairman Morris. Ms. Fallaw stated she is concerned that the house will be demolished. She would like to see the house preserved for its historical significance. She feels there must be a way to get Mr. Thieme a new house and preserve the old one. John Yellot was present and duly sworn by Chairman Morris. Mr. Yellot stated that he wanted to try to save the house himself however when he contacted a mover he was told that it would cost approximately $95,000 to have the structure moved to his property which is adjacent to Mr. Thieme’s property. Once the structure is moved he would then have the expense of putting it on another foundation and then restoring it. This could potentially cost $800,000. The Historical Foundation could not assist with any funds for this project. He hates to see the house demolished but does not see any choice in this matter. Bill Deckelman was present and duly sworn by Chairman Morris. Mr. Deckelman stated that Mr. Thieme has been working on this project for two years. Everyone wants to save this house but nobody is offering to pay for the project. We need to look at the human side of this. Mr. McCall said there is a State of Mr. Thieme said the human side is that he has had to put his life on hold for 2 years to try to get something done. After a discussion, the Planning Commission urged the applicant and those interested in saving the house to meet to discuss the possibility of moving the house. 07-19 Michael Forney – Major Subdivision – Michael Forney requests preliminary and final approval for a major subdivision to create a 4 acre parcel from his 37.616 acre property. The property is located on
There was no correspondence on this matter. Present and duly sworn was Michael Scott. Mr. Scott testified that all comments have been addressed. Ms. Morris asked for questions. Mr. Sutton asked about the driveway. Mr. Scott said County Roads Department has approved a new entrance off Ms. Morris asked for questions or comments from the audience. There were none. Ms. Brown made a motion to approve the application based on the following findings of fact:
The motion was second and approved. 07-19 Dane DeSouza – Major Subdivision – Dane DeSouza has submitted for concept review an eight lot major subdivision of his 14.9 acre property located on
There was no correspondence in this matter. Dane DeSouza and Michael Scott were present and duly sworn by Chairman Morris. Mr. Scott testified what Mr. DeSouza is trying to do is make 14 acres into 8 lots of which one has a two story frame dwelling that will be retained. The road was put to the southeast to save the dwelling. They show building pads on the plat to restrict where houses can go on the land. Mr. DeSouza said he has some concerns about how to use the open space. Before final review he will have plans for the open space. Mr. Lancaster asked who would own the open space. Mr. DeSouza said it would be deeded to the Town or to a homeowners association. Ms. Morris asked if Mr. DeSouza will be the builder on these lots. He stated that he will most likely be the builder. Chairman Morris asked for comments from the audience. There were none. Chairman Morris invited Mr. DeSouza back for a preliminary review. 07-61, 07-62, 07-60 Fox Hole Road, Lands of Huff and Frank, Choptank Electric – Major Subdivision, Special Exception and Site Plan – Choptank Electric is requesting concept review of a major subdivision for a proposed 3.95 acre lot off the farm owned by Marcia Frank and Carol Ann Huff located on Fox Hole Road in the First Election District. The proposed lot is for the construction of a new electric substation needed to serve the long-term needs of residents in the Sassafras area. The surrounding area is characterized by residential uses to the west and farmland to the east. Present and duly sworn was Steven Lee representing Choptank Electric. Carla Martin presented the staff report which included applicable law Article V, Section 1.5 A of the Kent County Ordinance which establishes the area, density and width requirements for development in the AZD, Article V, Section 1.7 which sets forth environmental standards in the Agricultural Zoning District, Article V, Section 1.8 which sets forth design standards and Article VI, Section 6.3.B.15 that directs the Planning Commission to prepare findings of fact concerning the reasonable fulfillment of the objectives listed below:
Staff Comments included the following:
There was no correspondence in this matter. Mr. Lee testified Choptank Electric studies indicate this substation is necessary to maintain electric service to existing customers. The substation will not only provide service in the immediate area, it will allow the system to continue to work if there is a problem at other locations. He said this site is a 30 to 40 year build out. The immediate needs will be served by phase one. Regarding the landscape/afforestation buffer they are proposing to try to get to a minimum afforestation along the 301 side of the site because trees and power lines do not mix, however they are limited by an existing swale that runs along the edge of the farm. If more land is required it would fall back on the customer to bear the burden. Mr. Lancaster asked what the site will look like from Mr. Hickman asked if Choptank had considered using the area near the weigh station just up the road. The presence of an electric substation would not make that much of a difference to the landscape along Route 301. Ms. Brown said she feels it would be a good idea to move the site so that more screening could be placed to make the site more visually attractive. Mr. Lancaster said that although the sites are kept clean and neat they are still unattractive to the neighborhood they are placed in. Ms. Morris asked if the site could be turned around and oriented in a different direction. Mr. Lee said that would not be possible due to the way the power lines enter into the site. Mr. Sutton asked if the proposed site is on actual farm land now. Mr. Lee said yes it is currently in crops. Mr. Lancaster said the area proposed would be hard to till. Mr. Sutton said he feels it would be better if it could be moved closer to Route 301. Ms. Brown suggested making this a flag lot so that you are not using as much land along Mr. Hickman said why can’t the Board say that this location is a potential problem, Choptank needs to go find one that is not. There are other side roads with in one-half mile of this site that lead to dead ends so why not investigate that option. There would be no neighbors in those areas. The issue of the cost of the property should not be an issue. Mr. Lancaster said that we should lower the impact on Ms. Brown suggested they move this substation somewhere else on the site or look for another site. Ms. Morris said that would protect the attractiveness of the road. Mr. Lee said that one of the reasons this was identified as an area was because there is already a three pack transformer on one pole and this is outside the critical area and it is not a wooded lot. Mr. Lancaster said he would like the impact of the site reduced to keep it more natural looking to blend in. Ms. Brown said she is confused about the height of the structure. Mr. Lee replied there will be an “A” frame tower, transformer pack and the smart cabinets which are the rest of the site. He said the “A” frame tower is 52 feet high. He referred the group to the drawings he had submitted. Ms. Morris asked if there was anyone from the audience who would like to speak about the concept plan. Tracey Beres was sworn in by Ms. Morris. Ms. Beres stated she would like to present a petition protesting the project. She read the petition into the record. She further presented a letter from a property owner. Ms. Brown asked Ms. Beres if the moving of the site would make a difference to the residence. Ms. Beres said that would help but it is a very nice area. This site is on a curve and it is a dangerous curve. She was concerned that not everyone in the community received letters regarding this project. She said that moving it on the site would be a start but she would like to see it moved somewhere else. Janet Ruhl was duly sworn by Chairman Morris. She stated that she is a member of the Sassafras River Association and both as a member of the community and the Association she is concerned because this road provides public access to the water. She is concerned about how much traffic would be added to this road and how much impervious surface would be added. She asked if the access feeder lines could be buried. She also asked about security of the site. She said she assumes that chain link fence will surround the site and she feels that is also ugly. What can be done to make this look better? She would like it to be somewhere else, but if it has to be there what can be done as part of the landscaping plan. There is a rise on the corner therefore the tower would be above the tree line. She is further concerned that we are more worried about the people driving down 301 then we are about the people in Ms. Beres said she is concerned about the farm being owned by absentee owners. They do not live there so they will not get the impact of this project. Ms. Brown state if it is possible to move the substation so there would be less impact within this area. The board agreed Mr. Lancaster said that if this is the recommendation do we go forward with the special exception. Ms. Owings stated that if this is the recommendation, the Board of Appeals would make the decision as to weather to approve the special exception or not. After a brief discussion by the Planning Commission members, Mr. Lee asked that this project be postponed for a future meeting. 07-65 William Deckelman – Front Yard Setback – Mr. Deckelman requests two front yard variances to construct a 1,320 square foot dwelling 18 feet from Ms. Moredock reviewed the staff report citing applicable law Article V, Section 2.5 requiring minimum yards, Article VI, Section 3.4.2 outlining lot requirements, and Article XI which defines a through lot. Also Article IX, Section 2.2 authorizes the Board of Appeals to grant variances. Staff comments included:
There was no correspondence in this matter. Mr. Deckelman, being sworn, testified he just wants to construct a new home. Ms. Morris asked if he was living in the current dwelling. He said yes. Rev. Freeman asked for clarification as to the location of the property. Mr. Deckelman explained the location of the property. There were no comments from the audience. Ms. Brown made a motion to send a favorable recommendation to the Board of Appeals citing:
The motion was second and approved. 07-46, 07-47 Rhesa Antone – Site Plan Review and Special Exception – Mr. Antone is requesting a special exception to expand his existing gravel pit by 0.73 acres on his 61.361 acre property located on Ms. Martin reviewed the staff report citing applicable law to include Article VII, Section 7.52 permitting as special exceptions sand and gravel pits, Article VII states that the Board shall give consideration to the nature of the proposed site and Article VI, Section 5.3B which provides objectives to be considered when reviewing site plans. Staff comments include:
Staff recommends granting approval of the site plan and special exception. Mr. Antone said he was trying to straighten up the lines on the pit and that is why he reclaimed part of it. It would make it just over all a better appearing pit. There were no comments from the audience. Ms. Brown made a motion to send a favorable recommendation to the Board of Appeals to expand the pit by ¾ acres citing the following:
The motion was second and approved. Ms. Brown made a motion to approve the site plan as presented for the expansion of his gravel pit by ¾ of an acre citing the following:
The motion was seconded and approved. 06-80 Ms. Owings reviewed the staff report citing applicable law to include Article V, Section 15.7 and 16.6 which sets forth the general standards including a requirement for a statement outlining the type of raw materials, chemical solids discharged into the sewage system, Article V, Section 15.6 and 16.7 which sets forth the environmental standards and Article V, Sections 15.7B and 16.6B which establishes design standards. Also Article VI, Section 5 establishes procedures and review standards. Staff comments include:
Kevin Shearon of DMS and James Gillespie were present and duly sworn by Chairman Morris. There was no correspondence on this matter. Ms. Morris asked if the Petroleum Company has abandoned their project. Mr. Shearon said that is correct. Mr. Shearon said that Mr. Gillespie will be making the improvement to the entrance at his own expense. Mr. Shearon said nothing on the site plan has changed. Mr. Shearon had a letter from Maryland Department of the Environment regarding the wetlands and the letter states that the application is complete and the proposed activity qualifies for a letter of authorization, which is the permit. They only need to pay a mitigation fee of $1,500.00. The certified check will be mailed tomorrow. The letters of credit have gone to the Commissioners and the There were no comments from the audience. There being no further comments Ms. Brown made a motion to approve the application citing the following finding of fact:
The motion was second and approved. 06-153 Miller’s Marine Service – Site Plan Review – Miller’s Marine Service, Inc. requests final site plan review to add boat trailer sales to their existing marine business on the corner of Richard Miller and William Carroll were present and duly sworn by Chairman Morris. Ms. Owings presented the Staff Report citing applicable law, Article V, Section 10.5 which establishes the area, density and width requirements, Article, Section 10.10.7.3 which sets forth the requirements for forest conservation, Article V, Section 10.8A which sets forth the general design standards and Article V, Section 10.8 B which sets forth design standards for Crossroad Commercial District. Also, Article VI, Section 5.5 sets forth standards for reviewing a site plan. Staff comments include:
Mr. Carroll stated the trailer site has been moved to the rear of the existing building. As far as the landscaping Mr. Miller contacted Tommy Herr and he has reviewed the site plan and has his species list. Mr. Herr has submitted a proposal to screen along Route 445. The sign has been moved from in front of the house to in front of the building and proposed landscaping around the sign. The deed restrictions have been reviewed. There were no comments from the audience. Ms. Brown stated that she would not like to make final approval until all the landscaping plans are finalized and a letter of credit provided for the landscaping. After a brief discussion Ms. Langenfelder made a motion to grant preliminary approval based on the following findings of fact:
The motion was second and approved. STAFF REPORTS: Amy Moredock, Environmental Planner – Ms. Moredock reported the Total Maximum Daily Load (TMDL) Committee continues to work on local plans for Bay Restoration Fund. The Committee will hold a joint meeting with the Chester River Association at the Public Works building on GENERAL DISCUSSION The Planning Commission discussed potential dates for the public hearings on the Worton and Butlertown and Kennedyville Master Plans. The hearings on the Plans will be heard separately and on different dates. Reverend Freeman made a motion to adjourn the meeting. It was seconded and the meeting was adjourned at 6:33 p.m. The next meeting will be held on July 5, 2007 at 1:30 p.m. __________________________________ Elizabeth H. Morris, Chairman __________________________________ Kimberly B. Dixon, Secretary
Kent County Department of Planning &
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