1 00:00:02,540 --> 00:00:09,420 Good afternoon, ladies and gentlemen. Welcome to the Planning Commission meeting for September 2 00:00:09,420 --> 00:00:16,620 3rd. I'm thirsty. If I don't seem like I'm quite with it, because Mr. Hickman always 3 00:00:16,620 --> 00:00:20,440 does a heck of a job and I just sit here and follow along. So I'm going to do the best 4 00:00:20,440 --> 00:00:22,300 I can. He's not going to be joining us today. 5 00:00:24,810 --> 00:00:28,430 So first we take attendance and we've got 6 00:00:28,430 --> 00:00:34,050 very strong here Sean Quinn I mean Sean Jones there we go 7 00:00:36,730 --> 00:00:41,530 yeah and Jonathan Quinn yeah Ray Craig go crowd 8 00:00:41,530 --> 00:00:43,750 I got one of these days I'll learn who's on the move 9 00:00:43,750 --> 00:00:46,730 for Al Paul Ruggie first 10 00:00:49,390 --> 00:00:52,730 we'll everybody read the minutes is there 11 00:00:52,730 --> 00:00:57,050 I have a motion to accept or are any corrections move to accept the 12 00:00:57,050 --> 00:00:57,830 Minutes as stated. 13 00:00:58,170 --> 00:00:58,710 Second. 14 00:00:59,650 --> 00:01:02,510 Move motion to the second, all in favor say aye. 15 00:01:02,750 --> 00:01:03,090 Aye. 16 00:01:03,250 --> 00:01:03,450 Aye. 17 00:01:05,780 --> 00:01:06,500 Motion carried. 18 00:01:07,140 --> 00:01:07,480 Okay. 19 00:01:07,580 --> 00:01:08,760 First, first up. 20 00:01:09,720 --> 00:01:16,200 This will be the Warford Handys Point, a preliminary final site plan for a board storage area. 21 00:01:17,240 --> 00:01:19,240 Carla, would you like to give us a little preview? 22 00:01:23,930 --> 00:01:24,690 Good afternoon. 23 00:01:24,930 --> 00:01:26,150 Carla Gerber, Planning Director. 24 00:01:27,730 --> 00:01:32,710 I'm here to present the staff report for the Warford Handys Point. 25 00:01:32,710 --> 00:01:35,790 for their out-of-water boat storage area. 26 00:01:36,530 --> 00:01:46,830 It's the proposing to construct a 2.837 acre gravel storage area on their 39 acre parcel located at the end of Greenpoint Road near Wharton. 27 00:01:47,430 --> 00:01:52,790 The storage area will tie into an existing gravel area and there will be space for at least 124 boats. 28 00:01:53,370 --> 00:02:00,850 Currently out-of-water boat storage utilizes the parking lot from the arena and during the off-season vehicular pedestrian movement becomes dangerous and difficult. 29 00:02:00,850 --> 00:02:05,670 The new storage area will separate car parking from boat parking and the parcel is owned 30 00:02:05,670 --> 00:02:09,670 marine and surrounding areas in mix of residential and agricultural uses. 31 00:02:11,750 --> 00:02:19,250 The relevant issues, the applicable laws article 3 section 2, number 46, which permit out-of-water 32 00:02:19,250 --> 00:02:24,770 boat storage but not multi-level boat storage, so this is a permitted principle use. 33 00:02:26,590 --> 00:02:34,750 The application meets the setback requirements and includes of 25 feet from off of Green 34 00:02:34,750 --> 00:02:42,990 Point Road, 500 feet from Wharton Creek, and there will also be a 7-foot chain leak security 35 00:02:42,990 --> 00:02:46,810 fence with strands of barbed wire on the top for a total height of 8 feet. 36 00:02:47,590 --> 00:02:52,050 Site plan review standards are found in Article 4, Section 1.3 of the Unified Development 37 00:02:52,050 --> 00:02:56,630 ordinance which outlines the objectives that must be fulfilled at each stage of the process. 38 00:02:57,510 --> 00:03:03,390 Staff and tack comments. The proposal is consistent with strategy and goals of the comprehensive plan. 39 00:03:04,810 --> 00:03:09,550 Separating the out-of-water boat storage area from the vehicle parking area will improve safety. 40 00:03:10,190 --> 00:03:13,250 There are no known unreasonable demands on public services and infrastructure. 41 00:03:13,250 --> 00:03:22,850 structure. There are, as had been discussed at concept review, the dumpster has been located 42 00:03:22,850 --> 00:03:29,990 toward the center of the boat storage area. The sufficient parking is provided. The applicant 43 00:03:29,990 --> 00:03:37,290 is not proposing any new landscaping. There is an existing hedge of white pines and hardwoods 44 00:03:37,290 --> 00:03:42,950 long Greenpoint Road. There is an existing forest at Buffer along the Ward Creek and given 45 00:03:42,950 --> 00:03:51,410 the park that the park for this site is well-screened. Let's see. The nodal lights will be installed 46 00:03:51,410 --> 00:03:57,410 in the Boat Storage area. There are some existing lights on the pole barn building that's already 47 00:03:57,410 --> 00:04:01,230 on site. Those will remain, but there aren't any additional lights. 48 00:04:03,530 --> 00:04:05,510 They have meant the 10% 49 00:04:05,510 --> 00:04:10,090 that water quality improvement standard for the intense development areas. 50 00:04:10,910 --> 00:04:18,190 They have applied to MDE for a general permit for discharges of storm water associated with construction activity. 51 00:04:18,950 --> 00:04:27,730 And so staff recommends that preliminary and final approval may be granted. 52 00:04:28,250 --> 00:04:33,830 And then signing of any site plans would be conditioned on getting approval from MDE 53 00:04:33,830 --> 00:04:38,830 of that general discharge permit and submission of any required 54 00:04:38,830 --> 00:04:41,630 sureties for sediment control or storm water management. 55 00:04:42,170 --> 00:04:44,830 There have been no correspondence on the application. 56 00:04:45,910 --> 00:04:46,810 Thank you, Carl. 57 00:04:50,300 --> 00:04:54,140 From the applicant that would like to give us an overview. 58 00:04:56,700 --> 00:04:59,260 Those of you who please keep standing, raise your right hand. 59 00:04:59,960 --> 00:05:03,740 You swear to tell the truth, the whole truth and nothing but the truth? 60 00:05:04,060 --> 00:05:04,240 Yes. 61 00:05:04,760 --> 00:05:08,320 Okay, he states your name and address for the record please. 62 00:05:09,200 --> 00:05:13,000 Bucknickerson, 2, 3, 6, 8, 0, Reikens Branch Road, Chester Town, Maryland. 63 00:05:14,160 --> 00:05:17,800 Chris Meyer, 1, 1, 0, 3, 0, St. James, New Town Road, Ward, Maryland. 64 00:05:18,620 --> 00:05:18,900 Thank you. 65 00:05:23,220 --> 00:05:30,220 This board saw the concept plan well over a year ago, not much has changed since that concept 66 00:05:30,220 --> 00:05:36,580 plan other than the addition of the dumpster, like Carla mentioned, and the question was brought 67 00:05:36,580 --> 00:05:40,600 about the lighting, and it was decided that no lighting would be needed for this site, 68 00:05:40,600 --> 00:05:44,680 because basically it's fenced in closed off and there's really no reason anybody should 69 00:05:44,680 --> 00:05:46,060 be there after dark. 70 00:05:48,440 --> 00:05:55,240 So the big hold-up has been stormwater management of getting a analysis done of the existing 71 00:05:55,240 --> 00:05:55,660 pond. 72 00:05:56,100 --> 00:06:03,960 This site currently drains to a pond and the proposed grading will go to the pond and we 73 00:06:03,960 --> 00:06:08,860 needed to mathematically prove that that pond would store the runoff from that to meet the 74 00:06:08,860 --> 00:06:09,420 regulations. 75 00:06:09,420 --> 00:06:14,960 And that was a hold-up trying to get somebody to run a HUDDRACAD report for that. 76 00:06:15,060 --> 00:06:18,880 We had a couple different options that kept falling through, but we finally got it accomplished. 77 00:06:19,260 --> 00:06:19,660 Back 78 00:06:22,250 --> 00:06:29,130 to the fencing, is there any security like for at night, is there any security as in people? 79 00:06:29,890 --> 00:06:36,810 Yeah, you know, somebody should, you know, you have an onsite manager, the end employee that live on the site. 80 00:06:36,810 --> 00:06:41,910 Yeah, they live on a site, but the boat's up here, is there a way we do have cameras? 81 00:06:43,090 --> 00:06:50,530 Yes, it's just curious, maybe you don't want to tell anybody, but they can say it's deterrence 82 00:06:50,530 --> 00:06:51,130 is great too. 83 00:06:51,390 --> 00:06:56,650 Unfortunately, in today's world, as long as there's boats are pretty expensive. 84 00:06:57,250 --> 00:06:57,270 Yeah. 85 00:06:59,240 --> 00:07:04,060 I also have full-size copies of both the site plan and the stormwood or management plan. 86 00:07:04,060 --> 00:07:10,840 I know sometimes it's hard to read a reduction of a two-foot by three-foot sheet down to a eight-and-a-half by eleven 87 00:07:10,840 --> 00:07:17,600 So I have full-size copies of anybody would like to look at them or if anything any reason arises that we need to 88 00:07:17,600 --> 00:07:19,580 The study of those in detail 89 00:07:19,580 --> 00:07:20,240 One 90 00:07:24,950 --> 00:07:26,510 other question I had this 91 00:07:31,760 --> 00:07:35,180 site plan here. Does this go up to where that restaurant was? 92 00:07:36,420 --> 00:07:39,740 It's a different Marina that's that's your at work Creek Marina 93 00:07:39,740 --> 00:07:45,220 this is the next marina up or towards the mouth of Wharton Creek at the 94 00:07:45,220 --> 00:07:49,760 end of Green Point Road. There was never been right around at the end of Green 95 00:07:49,760 --> 00:07:50,040 Point. 96 00:07:56,040 --> 00:07:58,640 I was looking at that off the space up there looks like a restaurant 97 00:07:58,640 --> 00:08:04,440 sometimes. Well it used to be a restaurant I thought. I never got served there. 98 00:08:06,100 --> 00:08:12,930 I've been here over 12 years I think ways back they used to be one. Okay. 99 00:08:12,930 --> 00:08:19,270 But the evaluation on the pond waste water being the whole is it? Is that for your MDE 100 00:08:19,270 --> 00:08:26,510 district permit? Yes. Okay. That's what it's all about. And actually, it's kind of a two-sake 101 00:08:26,510 --> 00:08:31,270 phase thing we have to get the storm water management plan proved through the county, but also 102 00:08:31,270 --> 00:08:37,050 because the site is over an acre of disturbance, you have to have the MDE NLI notification of intent. 103 00:08:37,050 --> 00:08:42,670 And that gives the state the option to do additional review or maybe more detailed. 104 00:08:42,890 --> 00:08:48,810 What I'm kind of expecting, the Marine already has a stormwater pollution prevention plan 105 00:08:48,810 --> 00:08:56,610 in play, an SWPPP, and like they don't have enough acronyms, but it's basically follows 106 00:08:56,610 --> 00:09:01,350 the same protocol as far as, you know, if there's a storm event, you know, you check your discharge 107 00:09:01,350 --> 00:09:05,630 points, you look for erosion, you look for any problems, you fix them, keep track of all 108 00:09:05,630 --> 00:09:06,310 that kind of stuff. 109 00:09:06,310 --> 00:09:22,270 So the two run in parallel, so if they do hit us up with wanting that, I can basically take the stormwater pollution prevention plan and mimic that, so that's under review has been submitted to the MDE just waiting for reply. 110 00:09:22,270 --> 00:09:23,110 What 111 00:09:33,130 --> 00:09:33,950 is it might one 112 00:09:37,980 --> 00:09:39,540 of the TV motion 113 00:09:51,640 --> 00:09:57,980 we grant major site plan preliminary and final approval for to work at handy point and 114 00:09:57,980 --> 00:09:58,620 Corporated 115 00:09:59,180 --> 00:10:01,460 We find they've met all 116 00:10:02,180 --> 00:10:03,200 Permanent to 117 00:10:05,440 --> 00:10:06,720 article four 118 00:10:07,420 --> 00:10:12,560 Section three of the County Unified Development Ordnance in 119 00:10:23,880 --> 00:10:25,200 the Department of Environment 120 00:10:25,700 --> 00:10:29,880 For their general permit to discharge stormwater and associated 121 00:10:29,880 --> 00:10:35,040 associated with construction, activity, and submission of the required 122 00:10:35,040 --> 00:10:39,120 suities for sediment control and storm water management. 123 00:10:39,340 --> 00:10:39,720 Any 124 00:10:48,880 --> 00:10:49,100 strong? 125 00:10:49,700 --> 00:10:49,820 Aye. 126 00:10:50,660 --> 00:10:51,140 Sean Jones? 127 00:10:52,020 --> 00:10:52,280 Aye. 128 00:10:52,640 --> 00:10:53,000 Mr. Quinn? 129 00:10:53,420 --> 00:10:53,700 Aye. 130 00:10:54,440 --> 00:10:54,820 Mr. Craig? 131 00:10:55,160 --> 00:10:55,560 Aye. 132 00:10:55,940 --> 00:10:56,480 Any info? 133 00:10:56,780 --> 00:10:57,100 Any info? 134 00:11:01,140 --> 00:11:01,300 Any info? 135 00:11:01,300 --> 00:11:01,480 Any info? 136 00:11:01,720 --> 00:11:02,480 Thank you so much. 137 00:11:02,720 --> 00:11:03,440 We are talking. 138 00:11:25,280 --> 00:11:31,800 Tony Agenda is for the Kent County Government, the Major Site Plan, Preliminary and 139 00:11:31,800 --> 00:11:34,380 the FOIL and Millington and the wastewater treatment plan. 140 00:11:37,300 --> 00:11:38,100 You first there. 141 00:11:39,240 --> 00:11:47,540 Carly Gerber again, so this is the site plan for the county's proposed wastewater treatment 142 00:11:47,540 --> 00:11:51,320 plan for the town of Millington and the surrounding growth area. 143 00:11:52,420 --> 00:11:59,380 The plan will be located on a newly created 6.6 acre lot that will initially be accessed 144 00:11:59,380 --> 00:12:00,540 via a private road. 145 00:12:00,540 --> 00:12:15,380 The plan will serve, as I noted, the regional wastewater treatment needs, the parcel is located entirely within the mixed use development critical area district and it is consistent with the county's comprehensive plan. 146 00:12:16,260 --> 00:12:23,880 The proposed wastewater treatment plan will be owned and operated by the county and therefore is a public utility that is permitted by right. 147 00:12:25,540 --> 00:12:34,660 The design standards, the applicable laws Article 4, Section 3.6, staff notes that the engineers 148 00:12:34,660 --> 00:12:41,640 on this plan are working to design the wastewater treatment plan are aware of standards related 149 00:12:41,640 --> 00:12:51,520 to landscaping and the performance standards for the certified engineers report. 150 00:12:51,520 --> 00:12:55,300 and they have indicated a willingness to comply with those standards, however, 151 00:12:56,220 --> 00:12:58,800 those items have not been submitted at this time. 152 00:12:59,560 --> 00:13:05,500 Site plan review is Article 4, Section 1.3, which again has a list of objectives to be met. 153 00:13:06,100 --> 00:13:07,000 Staff comments. 154 00:13:07,780 --> 00:13:10,420 The proposal is consistent with the comprehensive plan. 155 00:13:11,420 --> 00:13:16,920 It's consistent with the general intent and use design and environmental standards in the unified development ordinance. 156 00:13:16,920 --> 00:13:21,800 And the county continues to work through the approval process with MDE. 157 00:13:22,680 --> 00:13:26,240 Convenience and safety of vehicular pedestrian movements have been considered. 158 00:13:26,860 --> 00:13:30,540 There are no known unreasonable demands on public services and infrastructure. 159 00:13:31,360 --> 00:13:36,380 The proposed plan will place an existing plan that is currently located in the floodplain. 160 00:13:36,940 --> 00:13:43,220 And it will also be upgraded to current best technology, so therefore it will improve environmental conditions. 161 00:13:43,220 --> 00:13:48,520 Sentiment control and storm water management will be implemented according to approved plans. 162 00:13:48,720 --> 00:13:50,720 No tree removal is anticipated. 163 00:13:51,580 --> 00:13:55,240 The development meets the required setbacks. 164 00:13:57,040 --> 00:14:03,220 As noted, a landscape buffer will be provided to screen the facility from the surrounding 165 00:14:03,220 --> 00:14:04,140 property owners. 166 00:14:04,680 --> 00:14:07,100 We have not seen the details of that buffer yet. 167 00:14:07,860 --> 00:14:10,180 There are adequate provisions for off-street parking. 168 00:14:10,180 --> 00:14:17,640 including the plant, while it does need some screening has also been cited to take advantage 169 00:14:17,640 --> 00:14:21,980 of existing mature vegetation to protect the surrounding area. 170 00:14:22,740 --> 00:14:30,540 And staff recommends granting preliminary site plan approval, but you can certainly at 171 00:14:30,540 --> 00:14:37,800 your discretion consider granting both preliminary and final contingent upon the couple of items 172 00:14:37,800 --> 00:14:44,640 that are still outstanding and I have not received any correspondence on this. 173 00:14:47,440 --> 00:14:50,520 Other than landscaping, is that the anything that's outstanding? 174 00:14:50,800 --> 00:14:55,460 The Certified Engineers Report, which again I would expect this to be in compliance. 175 00:14:55,620 --> 00:14:59,980 Those are the noise, does particulate matter or odor report. 176 00:15:00,000 --> 00:15:01,440 We're meant that the county has. 177 00:15:07,640 --> 00:15:12,900 With the civil consultant, actually, KCI technology. The whole 178 00:15:17,350 --> 00:15:29,470 truth and nothing but the truth. Yes, I can say your name and address and record. My name is Jim Lover. I'm here representing KCA to KCI technologies. We're located in Newark, Delaware, at 600 White Clay Center Drive. 179 00:15:35,580 --> 00:15:42,680 I guess what I'd like to say today is that we're well aware of the comments from Carla's office. We also just received comments regarding our storm 180 00:15:42,680 --> 00:16:11,500 on water management design, as far as having not submitted the landscaping plan yet, to be quite honest, we hadn't done that on purpose, we didn't want to throw good money after bed without storm water management comments first, so we know we're going to have to change the grading a little bit to address those comments, we might need an extra pipe here or there, and we owe a pretty significant buffer for screening both for code requirement purposes, but as also as a condition of the land sale, we owe additional landscaping. 181 00:16:11,500 --> 00:16:15,600 We owe a substantial landscaping buffer around the perimeter of this property and we didn't want to 182 00:16:16,220 --> 00:16:21,280 Put a significant design together and then have to go backwards in our in our process one we found out 183 00:16:21,280 --> 00:16:24,040 We had to change some grading here at a swell there are those types of things 184 00:16:24,040 --> 00:16:27,620 So we were I apologize for not having submitted it 185 00:16:27,620 --> 00:16:33,720 But we were aware that we were you know needed to do that moving forward once we got those technical comments back about the stormwater management 186 00:16:33,720 --> 00:16:34,360 I 187 00:16:40,310 --> 00:16:41,490 guess you know that's 188 00:16:43,920 --> 00:16:47,820 one thing but grant since the landscape and then it has to be 189 00:16:47,820 --> 00:16:52,180 pretty well reviewed by the developer around you. 190 00:16:52,240 --> 00:16:55,480 I think it might be wise to let him take a look at it 191 00:16:55,480 --> 00:16:57,580 before we get somebody fine on it. 192 00:16:57,720 --> 00:17:00,600 That's the only holdup I would say, you know. 193 00:17:03,440 --> 00:17:04,320 Is that a holdup? 194 00:17:04,480 --> 00:17:07,300 I'm just curious, you show one way in, 195 00:17:07,500 --> 00:17:09,820 is there two, is there another access? 196 00:17:10,300 --> 00:17:13,860 No, the one way in is going to be temporary 197 00:17:13,860 --> 00:17:16,560 and then the property is going to be developed around us 198 00:17:16,560 --> 00:17:18,600 and then once it's developed around us, 199 00:17:18,600 --> 00:17:23,360 I am under the impression that the road that we're building will remain. 200 00:17:23,720 --> 00:17:30,360 And then there will be a new road constructed that actually takes us out to the main road that we front on. 201 00:17:32,700 --> 00:17:34,940 So, but those things are beyond our control. 202 00:17:35,080 --> 00:17:39,180 Those are in the hands of the developer of developing the rest of the property around us. 203 00:17:39,740 --> 00:17:42,020 So, for temporarily, we're going to have- 204 00:17:42,020 --> 00:17:44,620 I guess I would have to ask you say it's beyond your control, but 205 00:17:44,620 --> 00:17:48,060 It's supposed to develop or decide she doesn't want you to have any access. 206 00:17:48,640 --> 00:18:00,420 Well, those agreements, what gives you the protection that you need to keep that ingress in egress area? 207 00:18:00,720 --> 00:18:04,620 Those agreements are all worked into the sale of the 6.6 acres that he sold to us. 208 00:18:04,860 --> 00:18:08,260 So he is committed to building that additional entry. 209 00:18:08,480 --> 00:18:11,620 I have a little concern with that. 210 00:18:11,620 --> 00:18:14,920 That's just a good point out that the property 211 00:18:14,920 --> 00:18:18,580 that the county owned also has frontential long route 291. 212 00:18:18,920 --> 00:18:19,300 But it does. 213 00:18:19,780 --> 00:18:21,040 In a worst-case scenario, 214 00:18:21,120 --> 00:18:22,820 that county could put in its own interest. 215 00:18:23,180 --> 00:18:25,800 Well, that's kind of where it was going. 216 00:18:25,960 --> 00:18:29,560 Maybe would it make sense to delineate it on a site plan 217 00:18:29,560 --> 00:18:30,480 where it could be? 218 00:18:31,580 --> 00:18:34,920 No, I think that county's agreements with the county 219 00:18:34,920 --> 00:18:38,280 has for how to access this sufficient. 220 00:18:45,500 --> 00:18:45,640 Now, 221 00:18:48,160 --> 00:18:54,800 I'm just bringing it up because I just think that something should happen on that 222 00:18:54,800 --> 00:18:57,800 road to get in and out. 223 00:18:58,320 --> 00:19:03,380 There needs to be maybe some other designated area other than getting a bulldozer and just 224 00:19:03,880 --> 00:19:06,160 making a road when you have to. 225 00:19:06,660 --> 00:19:06,660 So 226 00:19:10,240 --> 00:19:16,400 maybe down the road, if you want to do something else there, or add something to it, it just 227 00:19:16,400 --> 00:19:16,900 needs to. 228 00:19:16,900 --> 00:19:21,560 It's just my thought, so I think it's worth no 229 00:19:26,330 --> 00:19:27,330 more comments up here. 230 00:19:27,470 --> 00:19:34,390 Anybody from the public that are on the screen, is there anybody that would like to make 231 00:19:34,390 --> 00:19:34,870 a comment? 232 00:19:39,020 --> 00:19:42,040 Seeing none, I guess we'll entertain a motion here. 233 00:19:45,840 --> 00:19:53,260 That we grant preliminary site plan approval for the County Government for their Millington 234 00:19:53,260 --> 00:19:58,840 In wastewater treatment plan on map 31, parcel 6, lot 1, 235 00:19:59,300 --> 00:20:12,300 fine and they have substantially answered most of the questions in Article 4, section 3.6 of the Kent County Unified Development Ordnance. 236 00:20:12,300 --> 00:20:12,920 the 237 00:20:19,420 --> 00:20:21,260 motion do we have a second? 238 00:20:26,320 --> 00:20:26,800 Yes. 239 00:20:27,560 --> 00:20:28,040 Sean? 240 00:20:28,760 --> 00:20:28,920 Yes. 241 00:20:32,440 --> 00:20:33,160 And I'll say yes. 242 00:20:34,200 --> 00:20:35,620 I'll vote with the majority. 243 00:20:38,620 --> 00:20:39,240 So I'll set the go. 244 00:20:39,540 --> 00:20:39,980 Thank you, gentlemen. 245 00:20:41,600 --> 00:20:42,780 I've been head-started anyway. 246 00:20:53,930 --> 00:20:55,890 Should I add it to the minute situation we've recouped? 247 00:20:56,130 --> 00:20:57,370 Not a pre-tune Mr. So. 248 00:20:59,820 --> 00:21:00,940 We'll make sure that gets there. 249 00:21:08,600 --> 00:21:09,200 Senator agenda. 250 00:21:15,530 --> 00:21:21,250 Chester town community energy initiative for a preliminary site plan review of their utility scale 251 00:21:21,250 --> 00:21:31,630 All right Paul Keane and the new associate planner here for Kent County. So this is the first time I'm presenting for this committee. So this should be fun. 252 00:21:32,630 --> 00:21:41,050 So I'm presenting today the Chester Town Community Energy Initiative site. So it's at 10263 Wharton Road in Chester Town. 253 00:21:41,790 --> 00:21:45,310 It's in the third election district. It's owned for the Employment Center zoning. 254 00:21:46,290 --> 00:21:55,590 So it's a 72 acre parcel, it's about 16 of it is being used for this particular project. 255 00:21:58,030 --> 00:22:03,590 There's no demolition, grading or tree clearing or wetland disturbance as part of this project. 256 00:22:04,330 --> 00:22:09,130 All of the work is occurring inside of the employment center zoning. 257 00:22:09,690 --> 00:22:11,390 The rest of the parcel is known for agriculture. 258 00:22:11,390 --> 00:22:13,970 culture. The 259 00:22:17,810 --> 00:22:22,670 subject parcel is bisected by a separate parcel that opens to open water 260 00:22:22,670 --> 00:22:30,170 upon an intermittent stream. So this project also includes some assistance with making sure 261 00:22:30,920 --> 00:22:39,970 that stays delineated. The proposed limited disturbance is 16 acres, 35 foot wide perimeter landscaping 262 00:22:39,970 --> 00:22:44,810 buffer. It's planned to be around the facility. The project will egress from Wharton Road. 263 00:22:45,270 --> 00:22:49,110 Once in operation, traffic to and from the site is expected to be minimal. 264 00:22:51,250 --> 00:22:54,230 So the project 265 00:22:54,230 --> 00:23:00,290 meets the applicable laws in Article 5, Section 4 of the U.K. Development Ordnance for requirements 266 00:23:00,290 --> 00:23:04,670 for setbacks, insulation and maintenance standards along with landscaping and irrigation requirements. 267 00:23:07,350 --> 00:23:13,550 The proposed up-back for the area air abuse is required a hundred feet greater from any 268 00:23:13,550 --> 00:23:14,650 lot line of the projected site. 269 00:23:15,630 --> 00:23:19,450 The project uses six above-ground utility poles within the site. 270 00:23:20,110 --> 00:23:22,610 We requested those to be moved underground if possible. 271 00:23:23,150 --> 00:23:29,970 The applicant and Delmarva power both preferred above ground power to the site, so we've agreed 272 00:23:29,970 --> 00:23:30,370 with that. 273 00:23:30,970 --> 00:23:35,710 They've also provided a glare assessment, which shows there's no anticipated glare as a result 274 00:23:35,710 --> 00:23:36,310 to the project. 275 00:23:40,890 --> 00:23:44,390 They submitted a forest conservation worksheet even though there is no plan to disturbance 276 00:23:44,390 --> 00:23:50,410 of trees on the site. They've also submitted a landscape maintenance plan in lieu of using 277 00:23:50,410 --> 00:23:55,270 the traditional irrigation methods. They're using a combination of watering bags and watering 278 00:23:55,270 --> 00:24:02,670 trucks to facilitate the landscaping plan. They also have submitted a preliminary support 279 00:24:02,670 --> 00:24:09,070 of water management plan, and at this time we are just simply waiting on an SHA approval 280 00:24:10,490 --> 00:24:11,090 for the site. 281 00:24:16,570 --> 00:24:20,850 Staff recommends granting a preliminary site approval or a preliminary 282 00:24:20,850 --> 00:24:22,850 plan approval for this site. 283 00:24:33,000 --> 00:24:34,460 I'm going back to these polls. 284 00:24:37,240 --> 00:24:41,880 The coordinate says that there's to be no above-ground utilities, 285 00:24:43,140 --> 00:24:52,570 And I guess my problem is it doesn't say unless the developer and the power company decide they'd rather have a 286 00:24:52,570 --> 00:25:00,920 Above ground and underground, but you know they they never want to put them underground. We have it in there. 287 00:25:01,180 --> 00:25:08,520 We I don't know where it says that it's just because you decide you'd rather have them above ground. You can have them above ground. 288 00:25:09,880 --> 00:25:20,180 You know, and I said when you came in here for concept or they came in here for concept that we wanted some letter then from Del Marva saying that they wanted them above ground and not underground. 289 00:25:21,380 --> 00:25:33,700 I mean if you're building a house and the county says you got to have 50 foot entrance and you and the builder decide you don't want to have 50 feet, you want to have 20 feet, you can't do that. 290 00:25:35,220 --> 00:25:46,940 If Del Marva and Choptank are going to continually say they prefer them above ground, then they should come in here and ask for their zoning ordinance to be amended to say that. 291 00:25:50,880 --> 00:25:52,580 That's my opinion I would anyhow. 292 00:25:54,280 --> 00:25:57,620 They did provide the letter as you requested, so there is a letter. 293 00:25:58,160 --> 00:26:03,780 Well, I think they need to amend the ordinance because it says you won't do it. 294 00:26:03,840 --> 00:26:09,720 It doesn't say you have that ability to change it just because you want to have them above ground. 295 00:26:09,820 --> 00:26:15,540 They can come in and convince the planning commission and then the commissioners that, you know, 296 00:26:15,700 --> 00:26:19,860 would safer to have them above ground than fine. 297 00:26:20,760 --> 00:26:27,600 But my gosh, they sat there and, you know, in my opinion, they gutted air utility scales 298 00:26:27,600 --> 00:26:31,600 zoning ordinance to begin with and for some reason that was left in there and 299 00:26:31,600 --> 00:26:34,040 now they don't want to buy by that. It's 300 00:26:38,580 --> 00:26:40,500 hard to do that to you for the day up here. 301 00:26:42,060 --> 00:26:44,640 I knew what brought to the gun head. I'm aware. 302 00:26:49,860 --> 00:26:50,680 And there's the applicant. 303 00:26:51,960 --> 00:26:54,760 Where is it? Do we have a representative from the applicant here? 304 00:27:06,730 --> 00:27:07,490 Where is your right hand? 305 00:27:09,530 --> 00:27:11,810 You all swear to tell the truth, the whole truth and nothing 306 00:27:11,810 --> 00:27:16,130 with the truth? And state your name and address for the record please. 307 00:27:16,650 --> 00:27:23,030 My name is Ted Hastings. I'm a senior associate with Beckham-Morgan Associates at a Salisbury, Maryland. 308 00:27:23,350 --> 00:27:28,110 That's at 312 West Main Street Salisbury, Maryland and with the Civil Engineers of the project. 309 00:27:29,070 --> 00:27:33,290 My name is Jack Rowland and the Director of Development with the applicant, Chester Town Community, 310 00:27:33,450 --> 00:27:35,870 Energy Initiative, the parent company's called ECAPower. 311 00:27:36,390 --> 00:27:41,330 And the office address is 203 Crescent Street, Suite 106, Waltham, Massachusetts. 312 00:27:42,370 --> 00:27:53,450 My name is Nicholas Hetland, I'm a civil engineer with the applicant Testerton Community Initiative ECAPOWER, the same address 203 Preston Street and one of the Massachusetts. 313 00:27:55,110 --> 00:28:04,170 Thank you. Obviously we're looking at a solar project. I've seen this before. Under the concept, we went through the technical advisory committee concept. 314 00:28:04,170 --> 00:28:08,350 been in front of this board for concept and went back in front of the 315 00:28:08,350 --> 00:28:14,030 technical advisory committee and we're here again. This is a 11.52 fence 316 00:28:14,030 --> 00:28:22,490 din area of the 72.78 acre parcel where utilizing an existing access off a 317 00:28:22,490 --> 00:28:26,590 warden road is going to be improved in order for us to be able to access a site 318 00:28:26,590 --> 00:28:31,790 but it's an existing access or using the same access point. It's a two megawatt 319 00:28:31,790 --> 00:28:34,450 Not single access tracker, which means it follows the sun. 320 00:28:37,350 --> 00:28:40,570 Stomach management and Registration Center control have been reviewed. 321 00:28:41,570 --> 00:28:42,530 There's still under review. 322 00:28:42,710 --> 00:28:46,130 We had a couple of minor comments over a dresser, and now we're about to re-submit to those 323 00:28:46,130 --> 00:28:46,690 agencies. 324 00:28:47,390 --> 00:28:52,830 We're to the point now where this project, the LaRais, the fence, the landscaping, the 325 00:28:52,830 --> 00:28:54,230 entrance is not going to change. 326 00:28:54,730 --> 00:28:56,150 What you see is what you're going to get. 327 00:28:57,770 --> 00:29:04,270 With that, and we also submitted this week a preliminary decommissioning plan and an estimate 328 00:29:04,270 --> 00:29:10,010 there will be updated obviously when we get to the third party stamp and signature for final, 329 00:29:10,230 --> 00:29:13,990 but that can be done prior to the signature of the final signatures of the plan. 330 00:29:15,170 --> 00:29:22,950 With that, we ask for this project to be considered for preliminary final, not just preliminary. 331 00:29:23,570 --> 00:29:25,970 nothing's going to change, it's going to be the same project throughout. 332 00:29:27,710 --> 00:29:28,230 The 333 00:29:30,760 --> 00:29:34,780 thing that'll be outstanding is once we get final approval from the Registration 334 00:29:34,780 --> 00:29:39,020 Senate Patrol's solar management, that's when we get the estimates for solar 335 00:29:39,020 --> 00:29:43,120 management for construction for, you know, all the Registration Senate 336 00:29:43,120 --> 00:29:49,160 Patrol measures, just to make sure they don't say that this plan's conceptually approved, 337 00:29:49,180 --> 00:29:53,820 this plan's approved contingent upon adding a filter lock here, so that way we 338 00:29:53,820 --> 00:29:57,460 we can add that in the last second and make sure that there's estimates or correct. 339 00:30:00,530 --> 00:30:28,630 I mentioned the landscaping is going to be maintained using water canons and water bags. They're spot, you know, so when they go up, they can actually hit the base of the trees with water canons. The water bags hang on the trees, which slowly watered the ground. So when you first hit them with water, you know, water has to see to run. The water bags eliminate calm. They'll slowly drip and maintain the ground to be moist and increase the survivability rate of the landscaping. 340 00:30:28,630 --> 00:30:38,730 And also the Maryland utility case, and that's 218 states that there has to be a 70%, excuse me, a 90% of our ability rate. 341 00:30:40,030 --> 00:30:49,590 So we have the main, they have to maintain and make sure that that landscape maintains a 90% of our ability rate through the life cycle of the project. 342 00:30:51,150 --> 00:30:55,590 We submitted it and let 343 00:30:58,150 --> 00:31:05,390 you have any questions, but I'm going to give it over to Jack so he can explain a little bit more about the amount of power which seems to be a concern and some other items. 344 00:31:06,330 --> 00:31:08,350 Yeah, again, my name is Jack Roland. 345 00:31:08,870 --> 00:31:13,550 There are just a couple items that I wanted to circle back on from our last meeting with you. 346 00:31:13,550 --> 00:31:19,490 all the first one was in regards to the overhead crossing versus the underground crossing. 347 00:31:19,710 --> 00:31:27,330 So, we've expressed the county's ordinance with our contacts at Delmarva Paranlite that 348 00:31:27,330 --> 00:31:28,750 it's requirement to be underground. 349 00:31:29,010 --> 00:31:35,790 So, we had some additional discussions about going overhead versus doing bidirectional boring 350 00:31:35,790 --> 00:31:37,230 and going underneath the road. 351 00:31:37,230 --> 00:31:43,630 And so there are a couple of concerns that have come up that sort of are why the rationalist 352 00:31:43,630 --> 00:31:44,610 to go overhead here. 353 00:31:45,210 --> 00:31:48,510 The first is that there are existing utilities. 354 00:31:49,290 --> 00:31:54,030 It's sewer and a three different fiber lines that are on the east side of Wharton Road, 355 00:31:54,030 --> 00:31:55,770 so on our side of Wharton Road. 356 00:31:56,190 --> 00:32:00,830 And it would be right where a riser would need to be installed for this underground crossing. 357 00:32:00,830 --> 00:32:08,610 And then second, there is the potential that there would be PFAS in this soil because of a recent, 358 00:32:08,790 --> 00:32:12,710 I think, 2017 EPA report that they're in the groundwater there. 359 00:32:13,250 --> 00:32:19,510 So just in the abundance of caution, we like to limit doing additional digging boring, 360 00:32:19,710 --> 00:32:21,690 et cetera, on the east side of the property. 361 00:32:23,270 --> 00:32:28,690 And so, yeah, we just believe with these complexities and concerns for an underground crossing here, 362 00:32:28,690 --> 00:32:33,910 that in this instance going above ground would make more sense. 363 00:32:34,610 --> 00:32:44,150 The second thing that we touched on in the last meeting here was I was asked about personal property estimates for the county as well as community benefits. 364 00:32:44,770 --> 00:32:54,970 So we hired a third party accounting firm called out Ryan LLC to provide us with some estimates for the personal property taxes for this project. 365 00:32:54,970 --> 00:32:59,470 And obviously, this number could change over the next couple of months as prices change 366 00:32:59,470 --> 00:33:07,490 and whatnot, but their estimate over the projects 35-year-life would accrue just under 367 00:33:07,490 --> 00:33:11,170 $1.3 million in personal property taxes for the county. 368 00:33:11,770 --> 00:33:17,730 The first year would be just around 70K, and it'd depreciate around 3.3% a year, and then 369 00:33:17,730 --> 00:33:19,850 obviously, real property taxes would go up as well. 370 00:33:20,950 --> 00:33:24,770 Additionally, I'd spoken about community benefits that we like to do for projects like 371 00:33:24,770 --> 00:33:29,850 With this, I don't know if it's already happened or if it's in a process, but one of our business 372 00:33:29,850 --> 00:33:35,190 partners is making a donation to the County County Ag Center, we're going to be making 373 00:33:35,190 --> 00:33:39,690 a donation to them as well, and then we're also going to be making a donation, and we're 374 00:33:39,690 --> 00:33:44,910 also happy to do training with the Chester Tam Volunteer Fire Company, that's something 375 00:33:44,910 --> 00:33:46,050 we do for all of our projects. 376 00:33:47,750 --> 00:33:51,390 So I have nothing else to add, I just wanted to bring up those two points from last time 377 00:33:51,390 --> 00:33:52,450 that were left someone open. 378 00:33:59,830 --> 00:34:01,410 The don't marvellous admitted the letter. 379 00:34:02,990 --> 00:34:04,430 Did we see this letter? 380 00:34:04,850 --> 00:34:05,070 What did we do? 381 00:34:05,290 --> 00:34:07,750 Yeah, it was an email exchange that was submitted. 382 00:34:09,930 --> 00:34:12,750 We did see that I apologize if it did not make it to you. 383 00:34:13,010 --> 00:34:13,230 Okay. 384 00:34:13,430 --> 00:34:14,790 What was the gist of the letter? 385 00:34:14,950 --> 00:34:17,130 What's the rationale for why they didn't want to go under? 386 00:34:17,630 --> 00:34:18,730 Is that the people? 387 00:34:18,990 --> 00:34:21,110 Is that them speaking or is that you speaking? 388 00:34:21,370 --> 00:34:24,090 So they brought up the underground utility crossings 389 00:34:24,090 --> 00:34:26,230 in the ditch in the front. 390 00:34:26,670 --> 00:34:29,750 We're just aware of the PFAS as an additional thing on top of it. 391 00:34:29,750 --> 00:34:31,350 But that was your comment. 392 00:34:31,730 --> 00:34:33,450 That was my separate comment that we just, 393 00:34:34,030 --> 00:34:36,250 because we had additional discussions about it, 394 00:34:36,310 --> 00:34:38,150 because we expressed how important it was to the county. 395 00:34:38,570 --> 00:34:40,550 But then that came up as just an additional thing 396 00:34:40,550 --> 00:34:41,350 during that discussion, 397 00:34:41,410 --> 00:34:42,610 which wasn't included on the email. 398 00:34:42,790 --> 00:34:43,950 So I'm just sharing that with the group. 399 00:34:48,170 --> 00:34:51,970 Question about the watering of the plant. 400 00:34:52,410 --> 00:34:55,730 So I've seen in the documents here, 401 00:34:55,950 --> 00:34:58,530 you know, you didn't want to do irrigation 402 00:34:58,530 --> 00:35:00,130 because there's no well there. 403 00:35:00,130 --> 00:35:03,890 and there's also no town water sewer on that side of the road. 404 00:35:05,310 --> 00:35:09,750 So, you know, that's a main thoroughfare going into Wharton and all that. 405 00:35:10,070 --> 00:35:16,050 And, you know, who's responsible to make sure all this gets water? 406 00:35:16,210 --> 00:35:19,090 I mean, my preference on all these sites would be irrigation. 407 00:35:20,750 --> 00:35:23,290 So, that's going to give your best survival. 408 00:35:23,710 --> 00:35:25,130 Yeah, so it's twofold. 409 00:35:25,470 --> 00:35:27,070 Obviously, you can answer the operation, 410 00:35:27,070 --> 00:35:29,910 that's very the knock-in for the life cycle of the project. 411 00:35:31,450 --> 00:35:36,310 But I mean according to the state law, 412 00:35:36,710 --> 00:35:39,250 you have to have the 90% of our ability rate. 413 00:35:41,990 --> 00:35:44,890 And also the landscape is bonded through the county. 414 00:35:45,410 --> 00:35:48,250 So for any reason, it's not being taken care of, 415 00:35:48,310 --> 00:35:51,510 maintain properly, you can pull that bond card out your back pocket 416 00:35:51,510 --> 00:35:52,690 and make them do it. 417 00:35:56,150 --> 00:36:00,310 It hasn't worked at all so far. 418 00:36:02,730 --> 00:36:04,310 There's a lack of accountability. 419 00:36:05,990 --> 00:36:08,090 And the other thing was the decommission. 420 00:36:08,230 --> 00:36:11,250 It was like with $385,000. 421 00:36:12,570 --> 00:36:17,370 How does that ramp up in the future? 422 00:36:17,710 --> 00:36:22,910 Because as this goes on, it costs more money to do everything. 423 00:36:22,910 --> 00:36:26,310 And so, you know, that doesn't sound like a lot of money 424 00:36:26,310 --> 00:36:28,730 to decommission as something happens. 425 00:36:29,210 --> 00:36:30,770 I know a lot of other jurisdictions 426 00:36:30,770 --> 00:36:34,250 that they have to be re-evaluated every five years. 427 00:36:34,330 --> 00:36:35,770 I'm not sure if that's in there, because that's in there. 428 00:36:35,770 --> 00:36:36,430 Because it's well. 429 00:36:37,150 --> 00:36:39,130 So it does, it has to be re-evaluated five years. 430 00:36:39,470 --> 00:36:42,390 So if the bond is up, then obviously, 431 00:36:42,550 --> 00:36:43,870 I have to get re-bonded for the higher amount. 432 00:36:47,570 --> 00:36:50,370 You have to go up toward this corridor, 433 00:36:50,510 --> 00:36:53,850 but on T-70, there's a solar site up there 434 00:36:53,850 --> 00:36:59,270 were to, you know, the grass around it is falling manicured and the trees are 435 00:36:59,270 --> 00:37:03,490 trimmed. You can't even tell it looks like it looks like a development model, you 436 00:37:03,490 --> 00:37:07,750 know, from the radar you can't see it's they keep it very nice and neat and I don't 437 00:37:07,750 --> 00:37:16,470 know how we in the county can get accountability to do something similar to this. 438 00:37:17,130 --> 00:37:21,630 So part of the solar array is the plant pollinator metamix underneath the 439 00:37:21,630 --> 00:37:26,090 So it maintains the site and meta condition, which reduces the runoff from the site. 440 00:37:26,750 --> 00:37:28,790 You're going from a farm field to a meta. 441 00:37:29,210 --> 00:37:32,430 It actually has a reduction through the TR55 calculations. 442 00:37:33,090 --> 00:37:34,510 And you also help out the pollinators. 443 00:37:34,730 --> 00:37:37,910 And we're also in a Monarch butterfly corridor then, which helps them out. 444 00:37:38,010 --> 00:37:43,130 There's a lot of benefits having that meta mix underneath the array. 445 00:37:43,510 --> 00:37:45,150 It gets met a few times a year. 446 00:37:45,410 --> 00:37:50,670 Obviously, they don't want it to grow up too high and block the panels where it's not being productive. 447 00:37:50,670 --> 00:38:01,750 but they also, we choose a seed mix that doesn't grow too awfully high, but it still has to be made a couple times a year, but that's about it for the inside of the array for the matter area. 448 00:38:01,830 --> 00:38:03,370 We're not going to bet the outside, you know. 449 00:38:05,030 --> 00:38:15,110 Yes, we would be maintaining the fire break area, immediately outside it, and then we're leasing that that whole area, so we'd be responsible for maintaining that area surrounding the array in the month area. 450 00:38:15,110 --> 00:38:19,470 So, what are our local maintenance company to do all that? 451 00:38:19,590 --> 00:38:22,050 I mean, you're in Maine, you're not sending a courier down here from Maine? 452 00:38:22,750 --> 00:38:25,530 No, so we work with a company called Kilvmiller Brothers. 453 00:38:25,530 --> 00:38:27,870 They handle the construction, operations, and management. 454 00:38:28,130 --> 00:38:31,370 So, yes, sometimes they will hire a local group to handle the maintenance. 455 00:38:31,590 --> 00:38:34,250 Other times, it'll be a career they've been working with for a while. 456 00:38:34,310 --> 00:38:36,850 That might be based on a sales break, but that's their decision. 457 00:38:37,690 --> 00:38:40,190 But no, we're not sending a courier down from Massachusetts to cut grass. 458 00:38:40,190 --> 00:38:41,010 I 459 00:38:43,730 --> 00:38:51,390 noticed in your maintenance plan, you'll use herbicides, you know, that piece of property 460 00:38:51,390 --> 00:38:59,150 right alongside of this has been sold to a dairy operator that has organic fields and 461 00:38:59,150 --> 00:39:06,370 I don't, did we have to provide some protection between that and the organic growth, I don't 462 00:39:06,370 --> 00:39:06,590 know. 463 00:39:06,590 --> 00:39:13,030 Yeah, I can tell you the meta mix that we used for underneath the array is animal friendly. 464 00:39:13,570 --> 00:39:18,150 A lot of these are companies that we deal with do what's called aggregate little takes. 465 00:39:18,150 --> 00:39:21,510 You put sheep underneath the array degrees, so it has to be safe for them. 466 00:39:22,050 --> 00:39:26,650 I don't think this particular project is proposing that at this point, but if we're any reason 467 00:39:26,650 --> 00:39:30,830 down the road, we have chosen to see the mix to be able to do that later on down the road 468 00:39:30,830 --> 00:39:32,990 if necessary, if they want to do it. 469 00:39:32,990 --> 00:39:36,150 sometimes just cheaper just a lot of a bunch of cheap police underneath the 470 00:39:36,150 --> 00:39:38,490 rail instead of bringing somebody in and cutting grass. 471 00:39:51,790 --> 00:39:52,990 Last reiterate that we 472 00:39:52,990 --> 00:39:56,350 would like preliminary final today if absolutely possible if you feel that's 473 00:39:56,350 --> 00:40:03,110 necessary or your acceptable. A couple months ago we made a decision that we wouldn't 474 00:40:03,110 --> 00:40:07,810 grant preliminary and final unless it was advertised for final. It was. 475 00:40:08,130 --> 00:40:08,450 It 476 00:40:13,280 --> 00:40:15,640 was recommending this preliminary. 477 00:40:18,480 --> 00:40:21,580 That was at the time the staff report was 478 00:40:21,580 --> 00:40:27,480 We didn't have a couple of the items that submitted over the last week. 479 00:40:27,780 --> 00:40:29,600 We didn't have a decommissioning plan at that point. 480 00:40:31,060 --> 00:40:34,580 There was a miscommunication about the self-destruction of the plan, 481 00:40:34,900 --> 00:40:37,260 which we had, they then reasoned it as well. 482 00:40:37,920 --> 00:40:42,420 May I ask, so it was advertised as preliminary and final, 483 00:40:42,860 --> 00:40:45,140 but the agenda list is preliminary only. 484 00:40:47,700 --> 00:40:50,420 So if you aren't going to entertain that, 485 00:40:50,520 --> 00:40:52,480 I would ask you make a motion to amend the agenda 486 00:40:53,780 --> 00:40:56,840 and then take a vote on that, if that's something that you're going to consider. 487 00:41:04,080 --> 00:41:05,320 Let's take some comments. 488 00:41:07,570 --> 00:41:10,430 That question, Paolo from Korea, Bill Biber's? 489 00:41:10,430 --> 00:41:11,830 Yeah, just a road. 490 00:41:12,550 --> 00:41:14,730 So, might just, sir, please come up here, just, uh, 491 00:41:23,300 --> 00:41:24,020 Grigory Andrew. 492 00:41:24,420 --> 00:41:24,560 Yup. 493 00:41:25,120 --> 00:41:27,100 Could you tell the truth, the whole truth, how about the truth? 494 00:41:27,520 --> 00:41:27,840 Yes, sir. 495 00:41:28,120 --> 00:41:30,380 And name and address to the record, please. 496 00:41:30,640 --> 00:41:30,840 Okay. 497 00:41:30,980 --> 00:41:34,540 Paolo Fetsi, one idol while better, too. 498 00:41:39,040 --> 00:41:43,620 Yeah, so I had the question that's where the neighbors in front across the road 499 00:41:43,620 --> 00:41:49,140 The shop tank shut us down to do a solar farm. So I suppose the question is you guys are connecting to them 500 00:41:49,140 --> 00:41:55,400 Marva. That's correct. Okay, and so you had no problems to connect to them Marva. Yeah, but the community solar 501 00:41:55,400 --> 00:41:57,960 Program, it's with the IOUs like the investor on utilities 502 00:41:58,960 --> 00:42:02,460 We've tried working with shop tank. We've not been able to do any community solar projects with them 503 00:42:02,460 --> 00:42:07,580 But they're not obligated to do community solar with the state the way down Marva power and light would be. Okay 504 00:42:07,580 --> 00:42:14,880 Okay. So, okay. That was my question since the job thing. It does not allow us to do a sort of formal in our land, so thank 505 00:42:17,920 --> 00:42:18,440 you. 506 00:42:18,600 --> 00:42:18,800 Thank you. 507 00:42:18,800 --> 00:42:18,880 Thank you. 508 00:42:31,070 --> 00:42:34,990 My name is Cora Dixon. I live in Rock Hall, Maryland. Do you need my full address? 509 00:42:36,070 --> 00:42:37,890 That's the truth. The whole truth is nothing but the truth. 510 00:42:38,050 --> 00:42:41,310 I do. I stick to the three boys laying in Rock Hall, Maryland. 511 00:42:42,570 --> 00:42:47,010 I'm here as just as a citizen, but I do have a consulting firm called Solid Policy Associates. 512 00:42:47,010 --> 00:42:52,510 So, I have a question, maybe for Planck Mission or maybe for a company. 513 00:42:54,370 --> 00:42:57,170 You mentioned, a Gauss start with the easy one, you mentioned the community benefits. 514 00:42:57,510 --> 00:42:58,630 Is that a written agreement? 515 00:42:59,470 --> 00:43:00,390 Like is it written somewhere? 516 00:43:00,570 --> 00:43:01,710 Is it just a oral discussion? 517 00:43:02,190 --> 00:43:03,050 I just wrote a discussion. 518 00:43:05,190 --> 00:43:13,090 And I wanted to ask the county, are you charging the business property tax on electricity, electric 519 00:43:13,090 --> 00:43:14,490 generating facilities? 520 00:43:14,490 --> 00:43:19,270 that's in a code, have you calculated that? 521 00:43:19,450 --> 00:43:25,050 Yes, so over the 35-year lifespan of the project, 522 00:43:25,290 --> 00:43:27,190 we expect the personal property taxes 523 00:43:27,190 --> 00:43:29,390 to be just under 1.3 million, 524 00:43:29,450 --> 00:43:31,290 the first year would be around 70K, 525 00:43:31,410 --> 00:43:34,590 because the personal property taxes do show zero percent, 526 00:43:34,750 --> 00:43:37,010 but under, I'm linking on the actual ordinance, 527 00:43:37,650 --> 00:43:39,550 because it's an energy-generating facility, 528 00:43:39,750 --> 00:43:42,550 we are charged to 2.55 percent personal property tax. 529 00:43:42,990 --> 00:43:44,930 Somebody said I thought that was a business property tax. 530 00:43:45,270 --> 00:43:46,150 It was really confusing. 531 00:43:47,190 --> 00:43:48,090 Yeah, that's correct. 532 00:43:48,590 --> 00:43:49,410 OK, all right. 533 00:43:49,510 --> 00:43:50,150 Thank you. 534 00:43:50,150 --> 00:43:50,270 Is 535 00:43:56,160 --> 00:43:56,880 there anything else? 536 00:43:57,040 --> 00:43:57,680 Anybody else? 537 00:43:59,980 --> 00:44:01,100 I come up here for a motion? 538 00:44:02,280 --> 00:44:03,280 Question again, first. 539 00:44:03,600 --> 00:44:05,440 If you were to tell them, though, Marva, 540 00:44:05,620 --> 00:44:10,340 that you wanted the ground, the lines on the ground, 541 00:44:12,200 --> 00:44:14,160 would they say, no, we're not doing it? 542 00:44:14,780 --> 00:44:15,260 What does that mean? 543 00:44:15,780 --> 00:44:17,760 Well, no, they would look into doing it, 544 00:44:17,780 --> 00:44:20,320 and they'd probably maybe they'd find a way to do it. 545 00:44:20,320 --> 00:44:27,500 but I was just, so like, it's not a hill that we're going to die on or I don't know if we're going to die on. 546 00:44:27,700 --> 00:44:29,880 They just expressed those concerns. 547 00:44:30,460 --> 00:44:35,840 If we pushed and they absolutely said no, we can't go, or you said absolutely no overhead. 548 00:44:36,740 --> 00:44:45,720 Yeah, I'm sure they could find a way to go underground, but just with the soils, the existing utilities that are there, 549 00:44:45,720 --> 00:44:51,140 they feel it's the highly preferred method to be overhead here so. 550 00:44:51,680 --> 00:44:59,980 They bore these things, when it's a problem, I want them to bore because they can drop it down to 6-7 feet and go right underneath of everything that's out there. 551 00:45:00,000 --> 00:45:29,940 It's, it's usually pretty simple, less disturbance, and I was just curious why they were so, so fast on not wanting it. Yeah, initially, yeah, there was fast, but we've had the discussion sense about it. But this why and why and 150 feet roughly do you need six poles? That's three. I think you might have to speak to this. I'm not by any means electrical engineer. Yeah, so they, they want to have their poles. So they're 552 00:45:29,940 --> 00:45:33,100 successful and they can manage them and they can construct them and there's. 553 00:45:35,760 --> 00:45:41,260 And so they'll do like each one of those polls will hold a piece of equipment 554 00:45:41,260 --> 00:45:47,780 necessary for the transmission of the electricity. So that's their preferred method. 555 00:45:48,140 --> 00:45:54,060 It's essentially how we do almost all of our projects. You know, so we are we did 556 00:45:54,060 --> 00:45:58,680 bring the concern of the county to them. It's not a concern. It's it's the 557 00:45:58,680 --> 00:46:04,120 coordinates. Yep, and we shared with them the coordinates too. And so there is a sewer 558 00:46:04,120 --> 00:46:12,080 force main. It crosses board and road along the north parcel line and then it comes across 559 00:46:12,080 --> 00:46:19,060 the street and then it comes down. So it would be kind of right where that far side of 560 00:46:19,940 --> 00:46:25,420 you know the directional board will come out to a force main. You know we haven't measured 561 00:46:25,420 --> 00:46:27,640 measured it, but it would probably be forced to be deep. 562 00:46:28,500 --> 00:46:31,000 You know, we don't know, but that would be probably right 563 00:46:31,000 --> 00:46:31,960 in the area of that. 564 00:46:32,500 --> 00:46:35,280 Boring, and then there's the communications 565 00:46:35,280 --> 00:46:37,140 and telecommunications lines that are there. 566 00:46:37,380 --> 00:46:38,620 There's the roadside swell. 567 00:46:39,880 --> 00:46:43,260 We're proposing a new culvert there for the entrance. 568 00:46:45,340 --> 00:46:47,800 So those would be the reasons. 569 00:46:48,120 --> 00:46:49,780 It's ultimately their decision. 570 00:46:50,340 --> 00:46:50,400 Yep. 571 00:46:51,200 --> 00:46:53,080 So we not only have the six poles. 572 00:46:53,080 --> 00:46:58,880 you got six poles with some sort of devices on them besides wires. So down below 573 00:46:58,880 --> 00:47:02,660 there's like a disconnect switch just to and for like the utility other one for 574 00:47:02,660 --> 00:47:08,020 the fire department. So those are things that are down there as well but it seems 575 00:47:08,020 --> 00:47:13,460 like an awful lot of poles and 150 feet. Yeah that's that's that's their standard 576 00:47:13,460 --> 00:47:13,860 cell. 577 00:47:31,130 --> 00:47:34,110 They haven't disclosed if it would be higher or lower in this case. 578 00:47:34,990 --> 00:47:40,610 We'd be happy to do underground, if that was the preferred method here, and we've done 579 00:47:40,610 --> 00:47:41,890 underground on a lot of other projects. 580 00:47:46,240 --> 00:47:50,380 Think you can understand why we do what the polls are an issue. 581 00:47:50,380 --> 00:47:53,920 I mean it's especially, you know, you're going to drive up 582 00:47:53,920 --> 00:47:59,380 road and that's all open land and now you have a bunch of 583 00:47:59,380 --> 00:48:01,000 poles hanging up in the air. 584 00:48:01,180 --> 00:48:05,000 So the other side of the road, there is that industrial facility. 585 00:48:05,540 --> 00:48:07,320 So I will say that. 586 00:48:07,720 --> 00:48:09,460 Oh, that's one side of the road. 587 00:48:09,640 --> 00:48:11,640 We're trying to keep it from maybe we're trying to keep it from 588 00:48:11,640 --> 00:48:12,460 happening on to the other. 589 00:48:12,700 --> 00:48:15,660 And if we dig on the ground, the six poles would still be 590 00:48:15,660 --> 00:48:18,300 there. That wouldn't change if it was above the line, 591 00:48:18,300 --> 00:48:23,040 above the Wharton Road or below it we'd still have those poles to connect our 592 00:48:23,040 --> 00:48:25,980 project to the grid on our east side of Wharton Road here 593 00:48:29,760 --> 00:48:31,740 just for our three 594 00:48:31,740 --> 00:48:34,440 poles and then Del Marbus three poles for safety reasons and that also 595 00:48:34,440 --> 00:48:41,280 connected to the grid. We get around that you know you read it it says it's all 596 00:48:41,280 --> 00:48:47,020 underground there it says it's all on a above ground but those poles are all 597 00:48:47,020 --> 00:48:51,600 about because it's all pole mounted equipment disconnects there's no 598 00:48:51,600 --> 00:48:53,520 ground-mounted equipment for a solar field? 599 00:48:54,200 --> 00:48:55,260 Not in this case, no. 600 00:48:58,670 --> 00:49:01,290 Again, I'm not an electrical engineer, but yeah, not in this case. 601 00:49:06,850 --> 00:49:11,070 I'll tell you, I'm willing to give you a preliminary, but you're going to do something about the polls for final, 602 00:49:11,270 --> 00:49:12,270 in my opinion. 603 00:49:13,170 --> 00:49:17,190 We've done this enough. It's always an excuse that the polls have to be above, 604 00:49:17,190 --> 00:49:19,910 and I don't know why it was ever granted the first time. 605 00:49:20,330 --> 00:49:21,570 I mean, the ordinance is the ordinance. 606 00:49:24,050 --> 00:49:28,970 We can't live with the polls, change the ordinance, and now we're attempt to change it. 607 00:49:29,970 --> 00:49:38,650 But you're coming down that road and 150 feet, six utility polls up there, 25 feet or whatever. 608 00:49:41,500 --> 00:49:44,760 And we got them on the other side of the road, but we don't have them on that side of the road. 609 00:49:44,900 --> 00:49:47,720 And this is called a planning commission, it's not a zoning commission. 610 00:49:59,680 --> 00:50:01,300 I'll entertain a motion. 611 00:50:04,260 --> 00:50:06,600 Make a motion and grant preliminary approval, if 612 00:50:11,140 --> 00:50:11,840 it gets a second. 613 00:50:13,120 --> 00:50:17,740 I make a motion and grant preliminary site plan approval for a Chester Town Community 614 00:50:17,740 --> 00:50:20,000 Energy Initiative LLC, 615 00:50:22,260 --> 00:50:26,840 property located at 10263 Wharton Road, which 616 00:50:35,060 --> 00:50:36,080 has got picked up 617 00:50:36,080 --> 00:50:43,540 to roam glasses for their 15.98 acre solar field answered 618 00:50:48,180 --> 00:50:49,500 most article 619 00:50:55,580 --> 00:50:58,440 4 section 3 all 620 00:51:01,900 --> 00:51:06,780 of article 5 section 4 the County Unified Development Ordnance, 621 00:51:11,540 --> 00:51:12,340 relation that 622 00:51:14,900 --> 00:51:16,000 explanation 623 00:51:16,000 --> 00:51:24,420 sufficient to this board and planning and zoning department for the insulation of six above 624 00:51:24,420 --> 00:51:28,900 of ground utility poles on the east side of Wharton Road. 625 00:51:29,200 --> 00:51:29,500 I 626 00:51:33,790 --> 00:51:34,170 have a second. 627 00:51:35,070 --> 00:51:36,250 Yeah, I'll second motion. 628 00:51:41,160 --> 00:51:41,380 The problem. 629 00:51:41,540 --> 00:51:41,640 Yes. 630 00:51:44,270 --> 00:51:44,530 Yes. 631 00:51:53,750 --> 00:51:55,070 The majority are in 632 00:51:58,880 --> 00:51:59,340 the preliminary. 633 00:52:02,550 --> 00:52:03,210 Thank you for your time. 634 00:52:03,750 --> 00:52:04,190 Thank you. 635 00:52:27,110 --> 00:52:28,290 Next on the agenda. 636 00:52:29,190 --> 00:52:38,290 We have the, for the town of Galena, preliminary and final site plan for the personal wireless 637 00:52:38,290 --> 00:52:39,330 facility tower. 638 00:52:42,810 --> 00:52:45,050 Carla Gerber again, just to get it on the record. 639 00:52:45,190 --> 00:52:50,930 The town of Galena is requesting a preliminary final site plan review to construct a 180-foot 640 00:52:50,930 --> 00:52:56,150 monopole telecommunications tower on the same parcel where their wastewater treatment 641 00:52:56,150 --> 00:52:57,070 plant is located. 642 00:52:57,890 --> 00:53:02,810 The town was granted a special exception for the tower at the July Board of Appeals meeting. 643 00:53:04,250 --> 00:53:10,070 The applicable law is found in Article 4, Section 1.3, staff comments. 644 00:53:10,070 --> 00:53:15,190 The applicant's project promotes known goals that are consistent with the comprehensive plan. 645 00:53:15,970 --> 00:53:20,710 There are no known issues with the safety or convenience of vehicular ingress and 646 00:53:20,710 --> 00:53:26,450 egress, as in the tower will be located within a secure French area with the wastewater 647 00:53:26,450 --> 00:53:27,150 treatment plan. 648 00:53:27,830 --> 00:53:35,010 And we'll be unmanned with only one month per visits of one month, once per month. 649 00:53:35,010 --> 00:53:39,870 There are no known incompatibilities to the surrounding area, the project site, no 650 00:53:39,870 --> 00:53:41,110 vegetation will be removed. 651 00:53:41,910 --> 00:53:46,710 The proposed limited disturbance poses no known issues with normal operations at the 652 00:53:46,710 --> 00:53:51,150 area, and staff recommends granting a final approval. 653 00:53:51,650 --> 00:53:51,890 The 654 00:53:56,880 --> 00:53:57,920 applicant sort 655 00:54:08,060 --> 00:54:09,800 of tell the truth, the whole truth, and not the truth. 656 00:54:10,400 --> 00:54:10,580 I do. 657 00:54:10,860 --> 00:54:11,080 I do. 658 00:54:11,900 --> 00:54:12,060 I do. 659 00:54:12,060 --> 00:54:12,380 I do. 660 00:54:12,680 --> 00:54:16,760 I do. 661 00:54:16,760 --> 00:54:22,640 Administrator for the town of Galena, 101 South Main Street, Galena Maryland, 21635. 662 00:54:23,280 --> 00:54:27,900 Mike Gibson, maintenance coordinator, town of Galena, 101 South Main Street, Galena 663 00:54:27,900 --> 00:54:28,200 Maryland. 664 00:54:30,870 --> 00:54:34,390 We are here today for requesting our final site approval. 665 00:54:35,170 --> 00:54:41,510 Since last time that we sat before you, I believe the only change to the final site plan 666 00:54:41,510 --> 00:54:48,210 was the retaining wall and showing of the fencing area that 667 00:54:48,210 --> 00:54:50,970 that will be going in as well, right? 668 00:54:51,470 --> 00:54:54,130 Yeah, and then the, excuse me. 669 00:54:54,470 --> 00:54:59,890 I thought what was brought up was the lot lines? 670 00:55:00,730 --> 00:55:01,930 Oh, yes, lot lines, too. 671 00:55:02,130 --> 00:55:06,950 We did get a vote from Erin Council 672 00:55:07,630 --> 00:55:11,190 after we, I don't remember what meeting it was, 673 00:55:11,330 --> 00:55:13,350 but it was after and in between then 674 00:55:13,350 --> 00:55:16,150 where they did agree that we will not 675 00:55:16,150 --> 00:55:26,190 be selling the parcel next to us and we are also still in the works of getting a lot 676 00:55:26,190 --> 00:55:31,770 line adjustment to make that parcel, one whole parcel instead of the separate chunks 677 00:55:31,770 --> 00:55:36,930 because they've been, it was the original parcel then we've added separate places in 678 00:55:36,930 --> 00:55:41,830 but we are going to be doing a lot line adjustment for that as well. 679 00:55:41,830 --> 00:55:42,570 up 680 00:55:47,140 --> 00:55:47,500 here. 681 00:55:58,360 --> 00:56:03,160 This back in here with a sewer treatment plant is back in there. I 682 00:56:05,400 --> 00:56:05,940 got a hundred, 683 00:56:06,360 --> 00:56:14,780 two hundred foot tower, sitting back there. Is there any thought to a second, just like 684 00:56:14,780 --> 00:56:20,860 earlier tonight? Is there any thought to a second way in and out, you know, if one, if 685 00:56:20,860 --> 00:56:24,440 you should have problem with the tower, but also maybe something that happens at the treatment 686 00:56:24,440 --> 00:56:32,040 and plan. You know, so that, you know, let's say you had maybe had Verizon on the tower 687 00:56:32,040 --> 00:56:36,580 and they have to get a technician in there to work on it or whatever. And you've got 688 00:56:36,580 --> 00:56:41,920 a problem with the treatment plan. Is there another way, you know, have you thought of 689 00:56:41,920 --> 00:56:44,340 another way in and out? 690 00:56:45,920 --> 00:56:53,780 Currently no, however, that is something that we could possibly look into the issue with 691 00:56:53,780 --> 00:57:00,600 that being that the the entrance comes behind the parcel where pet 692 00:57:00,600 --> 00:57:06,560 pup is located so and then the rest of it I believe is yeah I don't think 693 00:57:06,560 --> 00:57:12,180 there's there would be any kind of possible way to go in there as to the 694 00:57:12,180 --> 00:57:18,980 drop off to I guess it would be a creek and then it buss up Scott Masons I don't 695 00:57:18,980 --> 00:57:28,600 I think it's protected area that other side of PEPUP where you could come in from 2-13. 696 00:57:28,760 --> 00:57:30,700 I think it's wetlands area. 697 00:57:34,040 --> 00:57:34,900 I'm just curious, 698 00:57:48,540 --> 00:57:51,620 everything else, and it's nice to have another way. 699 00:57:52,080 --> 00:57:52,180 Right. 700 00:57:53,120 --> 00:58:00,020 Yes, currently we have AT&T on one of our water towers and Verizon on another water tower. 701 00:58:00,480 --> 00:58:05,320 at those locations, they do have separate locks to the gates with their own keys so they 702 00:58:05,320 --> 00:58:09,540 can get in. They do have to let us know when they're coming for safety reasons, obviously. 703 00:58:10,160 --> 00:58:16,760 And I believe that's probably the same thing we would do that way. We know who's coming 704 00:58:16,760 --> 00:58:20,040 in and out of wastewater and on top of that, there is cameras all around wastewater. 705 00:58:20,660 --> 00:58:23,160 I just wanted to make sure that there was a problem. 706 00:58:23,720 --> 00:58:26,340 Yeah, and somebody's not called 24 hours. 707 00:58:26,340 --> 00:58:31,420 Is there a problem with the tower or like I say the waste waste with you know the treatment plan? 708 00:58:31,560 --> 00:58:31,720 Yeah. 709 00:58:32,040 --> 00:58:32,520 Right. 710 00:58:32,900 --> 00:58:38,900 Luckily our waste water treatment plan operator is on call 24-7 and Mike serves as a backup 711 00:58:40,100 --> 00:58:44,940 for his 24-hour on call if he's unavailable serves as a backup. 712 00:58:45,280 --> 00:58:51,040 And then the third backup I guess would be me but I'd call somebody probably because I don't know how to fix anything there. 713 00:58:51,040 --> 00:58:51,720 But uh, 714 00:58:54,720 --> 00:59:01,080 it's almost impossible to have in there, it sits back here in a bottom of the 715 00:59:01,080 --> 00:59:08,160 marsh and you know, and it's been there forever, so yeah, but didn't have a tower, that's 716 00:59:08,160 --> 00:59:09,140 all right. 717 00:59:09,720 --> 00:59:13,500 That's my, you know, my own personal side. 718 00:59:14,540 --> 00:59:17,940 There was a way we would, um, I mean- 719 00:59:17,940 --> 00:59:20,140 Oh, it sits back there, I'd buy it, 720 00:59:29,060 --> 00:59:30,740 you know, if you have an agreement or something like 721 00:59:30,740 --> 00:59:30,920 that. 722 00:59:30,920 --> 00:59:34,940 But you just need to, I'm just pointing at you, I think you just need to separate. 723 00:59:35,420 --> 00:59:37,800 Yeah, I think we can definitely think about that. 724 00:59:37,920 --> 00:59:38,680 I want to just think about it somewhere. 725 00:59:38,780 --> 00:59:38,900 Yeah. 726 00:59:39,300 --> 00:59:39,620 Any 727 00:59:43,140 --> 00:59:43,520 questions? 728 00:59:51,370 --> 00:59:51,670 Audience? 729 00:59:52,810 --> 00:59:53,670 Anybody have a comment? 730 00:59:56,810 --> 00:59:56,990 Anyone? 731 00:59:57,730 --> 00:59:58,790 We entertain a motion. 732 01:00:01,650 --> 01:00:30,470 I'll make a motion, the grant preliminary and final, site plan approval. For the town of Galena, for a personal wireless facility tower, being a 180 foot mono pole on their property located at 13265 Augustin, Herman Highway. We find they meet all the relevant issues in Article 4, Section 1.3 of the unified. 733 01:00:30,470 --> 01:00:33,650 by the development ordinance of Kent County. 734 01:00:43,170 --> 01:00:43,610 Yes. 735 01:00:46,030 --> 01:00:46,470 Yes. 736 01:00:46,470 --> 01:00:46,770 Yes. 737 01:00:49,300 --> 01:00:50,240 Hope with the majority. 738 01:00:53,730 --> 01:00:54,570 Go to your channel. 739 01:00:54,830 --> 01:00:55,010 Yes. 740 01:00:55,390 --> 01:00:55,490 Thank you. 741 01:00:56,090 --> 01:00:56,390 Good. 742 01:01:10,650 --> 01:01:11,250 McPherson. 743 01:01:11,390 --> 01:01:12,610 A buffer variance. 744 01:01:15,660 --> 01:01:16,240 017. 745 01:01:16,560 --> 01:01:17,820 Hillmont Drive in Rock Hall. 746 01:01:18,540 --> 01:01:20,500 And what's happening there, probably? 747 01:01:21,420 --> 01:01:24,060 The McPherson's are requesting a buffer variance 748 01:01:24,060 --> 01:01:28,400 to construct a replacement dwelling 26 feet from the water. 749 01:01:28,400 --> 01:01:32,480 The property is in a modified buffer area, but the minimum buffer is still 50 feet. 750 01:01:33,240 --> 01:01:35,920 So therefore, a variance of 24 feet is needed. 751 01:01:36,540 --> 01:01:42,060 They just over half acre properties located at 50, 17 hillmont drive in the 5th election district and 752 01:01:42,060 --> 01:01:43,640 its own critical area residential. 753 01:01:44,720 --> 01:01:52,820 For the relevant issues, the modified buffer provisions are found in Article 6, Section 2.8 of the Unified Development Ordinance, 754 01:01:53,740 --> 01:02:05,380 which notes that in the case of single-family residential development or redevelopment a 50-foot set back from the water where edge of title wetlands is required. 755 01:02:06,840 --> 01:02:20,280 So staff notes that the property has a unique shape and is roughly 200 feet deep by 100 feet wide with a bulkhead across most of the front and about half of the southern side which creates the effect of a point jutting out into the water. 756 01:02:20,280 --> 01:02:26,520 The property currently has a house and several accessory buildings all located on the point 757 01:02:26,520 --> 01:02:27,280 towards the water. 758 01:02:27,740 --> 01:02:32,400 However, the footprint of the proposed house can meet the 50-foot buffer setback and 759 01:02:32,400 --> 01:02:36,820 the 30-foot rear yard setback, which would allow the land towards the water to be established 760 01:02:36,820 --> 01:02:38,420 as lawn or other vegetation. 761 01:02:39,280 --> 01:02:47,740 The standards for the variance are found in Article 4, Section 5.6, which has a set of criteria 762 01:02:47,740 --> 01:02:53,160 that ought to be found for granting a critical area of variance. 763 01:02:54,900 --> 01:02:59,780 So staff and staff comments, the strict application of the ordinance would not create an un warranted 764 01:02:59,780 --> 01:03:00,200 hardship. 765 01:03:00,500 --> 01:03:03,680 The applicant can construct the proposed dwelling without needing a variance. 766 01:03:04,440 --> 01:03:08,680 The granting of the variance would confer a special privilege without the variance. 767 01:03:08,680 --> 01:03:12,060 The applicant would not be deprived of a use of land permitted to others. 768 01:03:12,840 --> 01:03:17,240 The additional disturbance of the property due to moving the house back from the water would 769 01:03:17,240 --> 01:03:19,820 would be a temporary impact to the environment. 770 01:03:20,660 --> 01:03:23,540 Authorization of the variants would not be a substantial 771 01:03:23,540 --> 01:03:26,680 detriment to adjacent property and the character of the area 772 01:03:26,680 --> 01:03:27,760 would not be changed. 773 01:03:28,460 --> 01:03:31,300 The application was sent to the Critical Area Commission. 774 01:03:31,780 --> 01:03:35,240 We did receive that letter which was forwarded to you. 775 01:03:35,880 --> 01:03:40,100 And essentially the critical area staff do not 776 01:03:40,100 --> 01:03:44,040 recommend approval of the variants finding 777 01:03:44,040 --> 01:03:46,580 that it doesn't meet the unwanted hardship 778 01:03:46,580 --> 01:03:54,560 criteria. It does not deny a structure permitted to others. It would confer a special privilege 779 01:03:55,960 --> 01:03:59,220 and that it would be inconsistent with the critical area program. 780 01:04:02,890 --> 01:04:03,810 There was no other 781 01:04:03,810 --> 01:04:04,350 correspondence. 782 01:04:37,590 --> 01:04:43,750 I'm John McPherson, the applicant address 517, I'm John McPherson, I'm the applicant, 783 01:04:43,870 --> 01:04:47,090 I'm the alma mater, 517, but I reside in Montgomery County. 784 01:04:48,090 --> 01:04:56,310 Marsha Osselton with Lane Engineering, Project Support, we are 354 Pennsylvania Avenue 785 01:04:56,310 --> 01:04:56,890 in centerville. 786 01:04:57,390 --> 01:05:00,430 I'm George Coralakis, CCH Builders, Queenstown Rail. 787 01:05:03,810 --> 01:05:08,890 So thank you for your time, I'm appreciative of the coast of work, I'm a retired coast 788 01:05:08,890 --> 01:05:12,430 car civil engineer myself and I've done plenty of work including on Verizon towers, actually 789 01:05:12,430 --> 01:05:16,830 recording our search and rescue systems, but we're asking your support for this variance 790 01:05:17,810 --> 01:05:22,950 for Carla outlined, the reason not to, but the 50 foot, I think there are a couple things 791 01:05:22,950 --> 01:05:23,890 I want to emphasize. 792 01:05:24,390 --> 01:05:27,170 If you talk about the unique shape of the property, the property actually has water on three 793 01:05:27,170 --> 01:05:27,550 sides. 794 01:05:27,550 --> 01:05:42,270 It creates a very challenging wet shape, so because there's a tidal inlet on the north side as well, which is not mentioned in the letter, it creates a very challenging wet shaped buffer area, whether it's 25 foot or 50 foot is used, the 50 foot to my knowledge is something that was updated last year. 795 01:05:42,670 --> 01:05:45,770 We began the planning process, we just didn't get our application in part of that. 796 01:05:46,810 --> 01:05:53,070 The additional 25 feet actually moves the house back about 60 some odd feet depending on where we finally sighted. 797 01:05:54,290 --> 01:05:57,570 Crawl is correct that there's a requirement for a unique hardship. 798 01:05:58,770 --> 01:06:03,250 It's a waterfront property, we still could move it farther back, but that's the reason we 799 01:06:03,250 --> 01:06:07,270 purchased this house was for the location where the current house was. 800 01:06:08,130 --> 01:06:12,770 We're simply trying to consolidate, there's like she mentioned, there's an existing structure 801 01:06:12,770 --> 01:06:16,610 which is pretty dilapidated, we couldn't build a mortgage on it, we're trying to take that 802 01:06:16,610 --> 01:06:21,030 structure and replace it and include the outbuildings, consolidate those structures with a single 803 01:06:21,030 --> 01:06:25,610 modern structure on piles, much less impermeable area, just in the existing square footage. 804 01:06:26,210 --> 01:06:32,010 And we're asking for the variance waiver to recognize that we don't want to disturb the back half the property, 805 01:06:32,130 --> 01:06:36,350 which has never been developed. We'd rather use the existing already disturbed area, 806 01:06:36,890 --> 01:06:40,770 consolidate structures into a single structure where the existing structures are. 807 01:06:41,250 --> 01:06:44,430 It's not strictly on top of the existing footprint, which is one of the requirements. 808 01:06:44,710 --> 01:06:47,530 It's plus or minus, but that's because we're consolidating multiple buildings. 809 01:06:48,310 --> 01:06:49,650 I'm happy to answer your questions. 810 01:06:49,650 --> 01:06:53,670 We're just a family looking to build here in Ken County and proud to be from Maryland. 811 01:07:01,300 --> 01:07:01,740 Question. 812 01:07:02,460 --> 01:07:02,900 The. 813 01:07:03,480 --> 01:07:03,920 Question. 814 01:07:04,120 --> 01:07:04,200 The. 815 01:07:08,940 --> 01:07:09,380 The. 816 01:07:10,560 --> 01:07:10,660 The. 817 01:07:11,440 --> 01:07:11,880 The. 818 01:07:11,880 --> 01:07:19,360 building the bigger square of 40th house and this is why you need this I think it's smaller it 819 01:07:19,360 --> 01:07:23,660 covers less square footage it's a two-story the current house it's like there's 820 01:07:23,660 --> 01:07:26,560 an out building a current structure or there's a pergola and then there's a 821 01:07:26,560 --> 01:07:31,100 pump shed that's all getting consolidated it's less square footage less 822 01:07:34,300 --> 01:07:41,220 square 40th house one other than because there's a big closure to the water why would 823 01:07:41,220 --> 01:07:45,300 you need this you're going to say in front of building one the exact same 824 01:07:45,300 --> 01:07:51,960 Yeah, but what's existing then the has we got to push it back to the 50 and the property is is also in the flood zone 825 01:07:52,760 --> 01:07:55,280 So the current house is not 826 01:07:55,940 --> 01:08:00,840 In compliance this one would be on stills and I may get you know 827 01:08:01,560 --> 01:08:06,400 Compliant with the flood zone. So maybe that didn't get your question. There's um there's a current house 828 01:08:06,400 --> 01:08:11,620 It's bigger than that current house, but if you include the secondary buildings that square footage. It's less than 829 01:08:15,300 --> 01:08:18,040 bringing us to this, bringing you here to that net? 830 01:08:18,360 --> 01:08:20,240 Well, we want to take them all down and put one building up. 831 01:08:20,440 --> 01:08:23,980 But because that one new building is bigger than the exact square footage of the primary house, 832 01:08:24,260 --> 01:08:26,860 it doesn't need to be the requirements for replace and cut. 833 01:08:27,900 --> 01:08:31,880 But you can still fill it even if you don't get to this very, and you just... 834 01:08:31,880 --> 01:08:33,480 We just got to put it up near the road. 835 01:08:34,040 --> 01:08:38,200 We've just got to disturb a lot more land inside the critter than you would have to. 836 01:08:38,480 --> 01:08:40,000 You know, we've just completely destroyed the whole lot. 837 01:08:40,280 --> 01:08:44,180 We're within the critter where we try to disturb the least amount of land it's possible. 838 01:08:44,180 --> 01:08:59,200 Because we start the demo of the existing structure and we'll just throw that whole area and that way the disturb area behind the two just to build it behind the 50 because there's nothing there but there's a case where you could build back on the same footprint. 839 01:08:59,680 --> 01:09:01,620 Exactly, but then we have to redesign the whole house. 840 01:09:03,880 --> 01:09:06,180 What's the set of outcome of the existing building? 841 01:09:06,780 --> 01:09:07,420 25 feet. 842 01:09:08,120 --> 01:09:11,540 And then all the neighbors actually left the thing that 25 feet are even closer. 843 01:09:12,020 --> 01:09:18,000 Yeah, one look like it was 12 or so there one look like it was like 12 or 14 yeah, the other one's 18 844 01:09:18,000 --> 01:09:23,820 You're talking about the house of Jason. Yeah, they're even closer. Yeah, we started this process when we purchased house in 845 01:09:23,820 --> 01:09:28,120 2024 and I believe the 50 foot requirement came into effect last year with with the code update 846 01:09:28,880 --> 01:09:30,080 So we just 847 01:09:33,920 --> 01:09:36,860 have lots of a house for you proposing to build oh goodness 848 01:09:37,980 --> 01:09:39,880 Okay, how tall? 849 01:09:51,960 --> 01:09:57,580 Also what's there now with the driveway, I'm going by what we got on the plan here. 850 01:09:57,600 --> 01:10:02,020 It looks like it's circular and you're going to take up some of that driveway, 851 01:10:02,220 --> 01:10:04,100 and then turn it back to green or whatever. 852 01:10:04,380 --> 01:10:05,600 Yeah, that was our plan. 853 01:10:05,800 --> 01:10:08,480 The net reduction is like, I want to say it was like 30% less. 854 01:10:08,860 --> 01:10:10,120 Get rid of some of the hardscape. 855 01:10:11,280 --> 01:10:13,960 Our previous cover was going to be less than what's actually existing. 856 01:10:14,880 --> 01:10:15,100 You 857 01:10:17,180 --> 01:10:19,740 know, unfortunately, you come in here and you're preaching to the choir 858 01:10:20,220 --> 01:10:24,060 You know, we've all had these problems with rules, rules. 859 01:10:24,520 --> 01:10:24,960 You 860 01:10:27,740 --> 01:10:28,840 push the house back. 861 01:10:28,960 --> 01:10:36,380 What's that do to the neighbor on the opposite side of Hillmont dry in their house right over there? 862 01:10:36,640 --> 01:10:37,640 Yeah, they are. 863 01:10:37,740 --> 01:10:38,300 John and Judy. 864 01:10:38,640 --> 01:10:45,280 They're probably as close to the Hillmont as they're allowed to be, so it's probably 25 from the center line. 865 01:10:45,940 --> 01:10:46,600 Maybe 35. 866 01:11:03,930 --> 01:11:10,210 They've got to prove the unwarranted hardship, I mean, you know, they say they have one. 867 01:11:10,570 --> 01:11:16,270 The state says in the county, the zoning office says they don't, like no how they figured 868 01:11:16,270 --> 01:11:25,350 they've got an unwarranted hardship, I mean they've, if I had my glasses here I could read 869 01:11:25,350 --> 01:11:30,150 it, but unfortunately, I know you listed something in there because I've read it. 870 01:11:30,150 --> 01:11:31,890 If it turns your heart, I'll go get some glasses. 871 01:11:32,090 --> 01:11:32,950 No, that's all right. 872 01:11:34,370 --> 01:11:35,950 But I mean, would you like to? 873 01:11:38,030 --> 01:11:39,390 You got to convince us. 874 01:11:39,950 --> 01:11:44,370 So I mean, you can go right down through that gamut 875 01:11:44,370 --> 01:11:47,050 of what you need to prove and tell us why. 876 01:11:47,330 --> 01:11:48,810 That is a particular one. 877 01:11:48,810 --> 01:11:50,070 I mean, I'll tell you what I told you earlier. 878 01:11:51,350 --> 01:11:53,330 The unwarranted hardship is an interesting thing 879 01:11:53,330 --> 01:11:54,850 when you're talking about people who are able to afford 880 01:11:54,850 --> 01:11:56,010 and build on waterfront property. 881 01:11:56,130 --> 01:11:58,250 So I don't want to make any illusions that this 882 01:11:58,250 --> 01:11:59,170 is a first world problem. 883 01:11:59,170 --> 01:12:00,150 So start with that, right? 884 01:12:00,790 --> 01:12:04,250 But we did purchase the property for the view, which the current structure afford. 885 01:12:04,430 --> 01:12:05,850 That's what I visited, that's what I purchased. 886 01:12:06,090 --> 01:12:09,610 Knowing full well that that structure was fall and part couldn't pull the mortgage and would need to be replaced. 887 01:12:10,290 --> 01:12:12,050 At the time, 25 foot was a rule. 888 01:12:12,290 --> 01:12:16,330 It just took taking this this long because that's how long playing often takes to find a good builder. 889 01:12:16,530 --> 01:12:20,230 We worked with multiple local professionals settling on the folks to my right. 890 01:12:21,670 --> 01:12:28,730 The hardship is we purchased house for a view that was what the purchase price encountered that updated since I purchased the house. 891 01:12:28,730 --> 01:12:41,710 of having me move it back is going to incur redesign costs that are an additional hardship, which, you know, I'm not an investment property, this is not a builder, just a family house, so that's the hardship. 892 01:12:42,190 --> 01:12:50,790 I think there's an environmental aspect that they call it temporary, I'm sure, but I've seen, I would hate to redistribute a section a lot that's never been touched before. 893 01:12:50,910 --> 01:12:55,410 I'd hate to be closer to the road and tuck back up against the trees rather than the view that we purchase the house for. 894 01:12:55,830 --> 01:12:59,430 But I don't know, you tell me if you shed his word, it's called hardship. 895 01:13:00,010 --> 01:13:03,190 Is this going to be your permanent residence after you get to his building? 896 01:13:03,650 --> 01:13:07,190 I need a few more years to get some kids out of high school, but that's my goal. 897 01:13:08,030 --> 01:13:11,410 I did 20 years in the Coast Guard, I view the water is something I think I'm drawn to. 898 01:13:14,040 --> 01:13:21,860 So from a footprint standpoint, what's the difference between the existing structure and the new structure? 899 01:13:23,420 --> 01:13:33,720 Yeah, so the setbacks no different than the existing structure, but the problem is that it doesn't fit in the same footprint, therefore it's not allowed, so then you're then you're going back to the 50 foot buffer. 900 01:13:34,020 --> 01:13:34,820 You can, 901 01:13:44,140 --> 01:13:47,860 is that correct? That change since the purchase of this property? 902 01:13:49,840 --> 01:13:52,000 I don't have the award in front of me. 903 01:13:52,480 --> 01:13:55,520 Okay, I'm just trying to confirm that. 904 01:13:55,520 --> 01:14:06,020 I can confirm that the setbacks change when I do not know if he would have been able 905 01:14:06,020 --> 01:14:08,880 to build what he wants to build now under your regulations. 906 01:14:09,380 --> 01:14:09,540 Right. 907 01:14:10,300 --> 01:14:11,400 That I don't know. 908 01:14:13,810 --> 01:14:16,070 I feel like that's kind of an important piece of detail. 909 01:14:17,090 --> 01:14:23,870 In trying to prove a hardship, I mean, okay, all the property this changed. 910 01:14:28,300 --> 01:14:31,340 And again, my other question, what's the difference in the footprint? 911 01:14:31,660 --> 01:14:34,720 If it doesn't fit in the existing footprint, is that because it's... 912 01:14:34,720 --> 01:14:38,640 We're just consolidating all the footprints into one structure that's actually smaller 913 01:14:38,640 --> 01:14:40,500 than the impervious covered that's already proposed. 914 01:14:41,560 --> 01:14:45,780 And everything is behind, we're even farther back than the impervious covered that's already 915 01:14:45,780 --> 01:14:47,240 existing that we're actually taking away. 916 01:14:48,280 --> 01:14:52,080 So everything will be behind the 35, whereas now we even have structures that are close to 917 01:14:52,080 --> 01:14:54,640 like, 20 foot from the water that we're going to be moving, 918 01:14:55,000 --> 01:14:55,100 all 919 01:14:59,220 --> 01:14:59,960 of a sudden, that will work. 920 01:15:06,170 --> 01:15:30,990 So, if we do push everything back to the committee, we're still doing what we've done to the House, but we're going to be, you know, we're going to be started with the whole problem. So, I'm trying to push the flag all the way back to the committee. Of course, now we can solidify, do, our LOD right next to where we're demoing or rebuilding the structure. We're not disturbing that much in the House. And it's always within the critical area, that's always what you want to be able to do, at least in my understanding, it's possible. 921 01:15:30,990 --> 01:15:31,770 Excuse 922 01:15:41,080 --> 01:15:47,500 me up on something again, if we were, don't they still have to get through the 923 01:15:47,500 --> 01:15:53,680 critical area that made a favorable recommendation, is that, or this board has, can say it's okay. 924 01:15:55,060 --> 01:15:57,620 Well, you're making a recommendation to the Board of Appeals. 925 01:15:58,080 --> 01:15:58,460 Correct. 926 01:15:58,920 --> 01:15:59,060 Okay. 927 01:15:59,160 --> 01:16:06,400 Board of Appeals has to make its own set of findings based on the criteria that are outlined 928 01:16:06,400 --> 01:16:14,340 in your staff report and, you know, if they can find that, you know, that there's the 929 01:16:14,340 --> 01:16:17,020 unmoroded hardship, that it's not a special privilege. 930 01:16:17,240 --> 01:16:21,500 Whatever all those things are, then the Board of Appeals could grant the variance. 931 01:16:23,520 --> 01:16:27,520 We've sent those decisions to the Criticlary Commission, the Criticlary Commission. 932 01:16:27,540 --> 01:16:28,740 Who's still can weigh in on it? 933 01:16:29,380 --> 01:16:33,540 What the Criticlary Commission could do would be to appeal the decision. 934 01:16:33,540 --> 01:16:41,900 if they don't feel that the Board of Appeals actually made the correct set of findings that are substantiated, then the 935 01:16:41,900 --> 01:16:44,500 Criticlary Commission can appeal that decision. 936 01:16:45,000 --> 01:16:55,010 Okay, I was just trying to talk about the fact that probably 75% of the houses in that neighborhood are closer than 937 01:16:55,910 --> 01:17:01,290 the sounds would be, I mean, is that a hardship? 938 01:17:02,030 --> 01:17:14,770 I mean, if I'm sitting there and I've got my neighbors or 12 feet away and 20 feet away and I know they were rebuilt after Isabelle and apparently nothing mattered then I guess. 939 01:17:17,960 --> 01:17:23,520 Do we have the number on what the difference of the footprint of the current structure versus the new structure is? 940 01:17:23,520 --> 01:17:26,700 So she's got her, how do you listen to this? 941 01:17:26,800 --> 01:17:27,780 Yes, we have a partnership. 942 01:17:28,780 --> 01:17:32,340 Do you want what is square footage 943 01:17:32,340 --> 01:17:33,580 of the various pieces? 944 01:17:34,240 --> 01:17:35,600 No, just to main structure. 945 01:17:36,360 --> 01:17:38,820 Because that's really what the law is applicable to it. 946 01:17:38,900 --> 01:17:42,380 So there is a kind of, there's a one and a half story 947 01:17:42,380 --> 01:17:47,240 Frank Bowling, and on the plan, she is 893 square feet. 948 01:17:48,240 --> 01:17:52,220 And as it's noted, there are some sheds and pergolas. 949 01:17:55,340 --> 01:18:00,900 The lot coverage for the footprint for the one-and-a-half story, frame-dwelling, that's 950 01:18:00,900 --> 01:18:09,060 probably, that's existing, a lot to be removed, sorry, is a one-and-a-half story frame-dwelling 951 01:18:09,060 --> 01:18:15,000 that's 893 square feet, the proposed two-story dwelling is 1,543 square feet. 952 01:18:15,000 --> 01:18:15,520 It's 953 01:18:21,440 --> 01:18:22,180 not a big house. 954 01:18:24,840 --> 01:18:27,140 And we'll put it in one pile if you get out of the point. 955 01:18:27,980 --> 01:18:29,800 We're doing it with all the neighboring houses. 956 01:18:30,000 --> 01:18:31,100 We don't bring all the houses up. 957 01:18:31,240 --> 01:18:32,120 We just think it's the water. 958 01:18:32,320 --> 01:18:34,500 We don't give us your own water. 959 01:18:35,420 --> 01:18:36,060 You know what happens. 960 01:18:41,380 --> 01:18:42,420 I already went to the point. 961 01:18:42,560 --> 01:18:43,600 At least I'm not disturbed. 962 01:18:43,980 --> 01:18:44,840 I don't think we know what happens. 963 01:18:45,000 --> 01:18:45,400 It's the water. 964 01:18:45,680 --> 01:18:46,320 It's the whole property. 965 01:18:46,580 --> 01:18:47,240 I don't have to do that. 966 01:18:48,420 --> 01:18:50,100 The laborious service goes down. 967 01:18:52,140 --> 01:18:53,180 But that includes everything. 968 01:18:53,400 --> 01:18:54,960 To your point, I think Sean, you made a good point with it. 969 01:18:54,960 --> 01:18:59,460 It's the primary dwelling is close to 900, the new primary dwelling is about 1500. 970 01:19:01,220 --> 01:19:04,920 But it's the net, it's all the other impervious areas, the percolate, the outbuildings, 971 01:19:05,020 --> 01:19:06,420 and then driveways, which we are going to reduce. 972 01:19:07,020 --> 01:19:08,940 The shed's another 380 feet. 973 01:19:10,460 --> 01:19:12,100 There's a bunch of paper that has it. 974 01:19:12,400 --> 01:19:17,200 And for the point of the fact that, you know, what's the hardship? 975 01:19:17,640 --> 01:19:22,480 I mean, if currently he bought the property and this law changed afterwards, I mean, that was. 976 01:19:23,880 --> 01:19:25,980 But we don't know the answer to that question. 977 01:19:26,400 --> 01:19:26,560 I 978 01:19:32,130 --> 01:19:33,730 don't believe it can create a hardship though. 979 01:19:33,890 --> 01:19:34,270 That's correct. 980 01:19:35,130 --> 01:19:38,790 Would it help for me to give you the definition of a fee unwarranted hardship? 981 01:19:39,150 --> 01:19:39,550 Sure. 982 01:19:39,970 --> 01:19:40,870 It might not hurt. 983 01:19:41,730 --> 01:19:46,850 Within the query, I'm trying to think, you know, it seems relatively logical, but I'm trying to figure out 984 01:19:46,850 --> 01:19:50,650 it fits into the little applicable law and I'm struggling with that. 985 01:19:51,410 --> 01:19:57,530 Without the variance, an applicant would be denied reasonable and significant use of the entire parcel, 986 01:19:57,530 --> 01:20:03,270 or a lot for which the variance is requested, so I would suggest the word reasonable is probably 987 01:20:03,270 --> 01:20:07,650 more applicable than significant use because you can move the house, you still have significant 988 01:20:07,650 --> 01:20:12,590 use, but whether that location is reasonable is a finding for you to make. 989 01:20:27,750 --> 01:20:41,610 This is a weird and difficult situation, but sometimes I think about what you and I have to 990 01:20:41,610 --> 01:20:42,070 They're critical. 991 01:20:42,190 --> 01:20:42,330 Right. 992 01:20:42,710 --> 01:20:44,350 You know, we get from, 993 01:20:46,490 --> 01:20:54,450 if we go into the wrong area, at Jets, I'll just say right up, I'm 994 01:20:54,450 --> 01:20:55,750 fine with whatever decision you make. 995 01:20:55,950 --> 01:20:57,510 If we have to move it back, I totally get it. 996 01:20:57,570 --> 01:20:59,090 That's my point about the first world problems. 997 01:20:59,250 --> 01:21:00,850 Like, it's still a beautiful property. 998 01:21:01,210 --> 01:21:02,710 I'll build a house farther back. 999 01:21:02,710 --> 01:21:05,350 It's just, I think it gets tight up against that back road. 1000 01:21:05,450 --> 01:21:09,410 We don't get to use the view shed that, which is why I bought the house, but I totally understand 1001 01:21:09,410 --> 01:21:09,570 it. 1002 01:21:09,570 --> 01:21:14,910 I'm not, I'm just wanting to move forward with the project but I appreciate how 1003 01:21:14,910 --> 01:21:17,670 local government works and I think I take a shot and figure that ask. 1004 01:21:17,910 --> 01:21:22,230 I think the views what sells it because I mean it's been sold a couple times 1005 01:21:22,230 --> 01:21:25,410 and everybody's got wet feet living in there. 1006 01:21:26,030 --> 01:21:26,230 Yeah. 1007 01:21:28,500 --> 01:21:29,500 You saying I got suckered? 1008 01:21:30,320 --> 01:21:34,640 No, but I would think the water stayed on the wall which would have been give away. 1009 01:21:52,500 --> 01:21:57,760 We deal with a storm drainage yet, is that down-rooted? 1010 01:21:58,560 --> 01:21:59,240 Storm drainage? 1011 01:22:00,080 --> 01:22:02,640 No, I guess that's part of the building permit. 1012 01:22:02,960 --> 01:22:04,080 Yeah, we have the storm water. 1013 01:22:04,180 --> 01:22:05,180 We do have the storm water. 1014 01:22:06,020 --> 01:22:06,980 And plan. 1015 01:22:08,020 --> 01:22:12,760 I lit a 501-6 and I had the empty lot adjacent to him. 1016 01:22:12,760 --> 01:22:22,660 Yeah, and the previous one is the one Rick Sheldon built the dock and the whole kid and 1017 01:22:22,660 --> 01:22:30,560 he did the landscaping, and when he did that, he came up with top soil and to deal with that 1018 01:22:30,560 --> 01:22:42,520 to keep all from pushing it onto my property or what it was on my property, because we're the 1019 01:22:42,520 --> 01:22:45,140 between the two properties, half on my, and half on his. 1020 01:22:45,920 --> 01:22:47,200 And there's also a storm drain, 1021 01:22:47,380 --> 01:22:48,660 and they're the drains from the ditch 1022 01:22:48,660 --> 01:22:51,880 across the street, part of my driveway, down to the creek. 1023 01:22:52,420 --> 01:22:54,960 So as long as that swell stays there, 1024 01:22:55,480 --> 01:22:59,080 it's maintained, you know, I'm fine with it, 1025 01:22:59,140 --> 01:23:01,700 because, excuse me, that's just a 1026 01:23:06,020 --> 01:23:07,220 one-six full-mile drive 1027 01:23:07,220 --> 01:23:07,940 from Paul Maryland. 1028 01:23:16,120 --> 01:23:18,820 Those anglic, like, if the building is moved back, 1029 01:23:18,820 --> 01:23:20,880 is that gonna affect that swell of the drainage 1030 01:23:20,880 --> 01:23:23,000 or anything to the other property? 1031 01:23:23,000 --> 01:23:26,500 We haven't done stormwater for if we have to move it back. 1032 01:23:26,780 --> 01:23:32,140 We have a complete stormwater report and plan if we build it where it's proposed. 1033 01:23:33,260 --> 01:23:33,700 Okay. 1034 01:23:33,960 --> 01:23:34,200 That's all. 1035 01:23:48,860 --> 01:23:50,280 These are the tough ones all the time. 1036 01:24:00,060 --> 01:24:00,780 Where the house back? 1037 01:24:08,560 --> 01:24:13,560 Again, we have to make a recommendation to the board of appeals to improve the variance. 1038 01:24:13,920 --> 01:24:16,300 So, it's 1039 01:24:19,310 --> 01:24:21,830 not how far back or new we move the house back, so. 1040 01:24:21,830 --> 01:24:29,240 Yeah, we don't really need to do that, but it would be nice to see an alternative, possibly. 1041 01:24:30,580 --> 01:24:32,500 We're going to be able to turn to 50 foot. 1042 01:24:32,660 --> 01:24:33,000 It is. 1043 01:24:33,160 --> 01:24:39,780 That's what the critical area commission did include a proposed footprint, setback footprint for the 50 feet. 1044 01:24:40,340 --> 01:24:41,460 That is in the pack. 1045 01:24:41,580 --> 01:24:41,760 Right. 1046 01:24:42,400 --> 01:24:44,560 It's the 50 foot. 1047 01:24:44,660 --> 01:24:44,880 Correct. 1048 01:24:45,140 --> 01:24:45,280 Correct. 1049 01:24:45,400 --> 01:24:47,780 I thought that was the question was whether I can see. 1050 01:24:48,860 --> 01:24:49,900 You're talking about something in the middle. 1051 01:24:55,320 --> 01:25:02,100 here this is uh is this what you're looking for? I'm just showing it to you. I got a little 1052 01:25:02,700 --> 01:25:06,200 floor plan, a little cut out of my house that I was tinkering with just you over. I'll 1053 01:25:06,200 --> 01:25:09,480 sit up at the library messing with it so I'm with you. I don't have to want to play with this but that's 1054 01:25:09,480 --> 01:25:14,660 what it is. You guys, you could go to the house that fans would. Yeah. That's his problem. 1055 01:25:15,200 --> 01:25:16,040 Yeah. The 1056 01:25:23,340 --> 01:25:24,500 gentlemen can 1057 01:25:29,170 --> 01:25:36,140 do it for the people. Right now if you don't do anything you got all the 1058 01:25:36,140 --> 01:25:41,460 in Purveys area and you got no storm water management right now other than the 1059 01:25:41,460 --> 01:25:48,060 swale that to previous owners agreed to put in you if they build a house where 1060 01:25:48,060 --> 01:25:52,740 they want to build it they'll have to do storm water management and going to 1061 01:25:52,740 --> 01:25:54,660 reduce a lot coverage whether 1062 01:25:57,440 --> 01:25:59,120 they move it in the back they're going to have to do 1063 01:25:59,120 --> 01:26:03,940 storm water management at a house so I don't know yeah I'm 1064 01:26:09,480 --> 01:26:10,380 fortunate I think you 1065 01:26:10,380 --> 01:26:17,180 has too many options and you know it's the 54th is the critical area and we got the critical area 1066 01:26:17,180 --> 01:26:22,260 commission's lobby to come back and say no anyway they made their recommendation so I'm of the 1067 01:26:22,260 --> 01:26:30,360 opinion that we should send an unfavorable recommendation to the board of appeals because it 1068 01:26:30,360 --> 01:26:37,680 doesn't show that it's a new hardship I mean he can move that around and put it at the 50 foot I mean 1069 01:26:37,680 --> 01:26:39,920 And that's what it is. 1070 01:26:41,000 --> 01:26:47,140 And so I would entertain a, I would make a motion that we send an unfavorable recommendation 1071 01:26:47,140 --> 01:26:54,180 for the variance based on the fact that it's not proven to be an undue or unreasonable 1072 01:26:54,180 --> 01:26:54,860 hardship. 1073 01:26:55,760 --> 01:27:03,720 And that building there would be required to follow within the 50 foot standard. 1074 01:27:03,720 --> 01:27:03,780 here. 1075 01:27:18,970 --> 01:27:20,490 The Board 1076 01:27:34,320 --> 01:27:35,040 of Appeals. 1077 01:27:35,360 --> 01:27:35,660 Yeah. 1078 01:27:35,860 --> 01:27:36,720 You get another shot. 1079 01:27:37,160 --> 01:27:38,440 And never agree with us anyhow. 1080 01:27:39,820 --> 01:27:41,880 No, your opinion mattered a lot to me. 1081 01:27:42,160 --> 01:27:47,360 I mean, we might start replaning, but we appreciate your thoughtful consideration of 1082 01:27:47,360 --> 01:27:47,500 this. 1083 01:27:47,680 --> 01:27:50,200 And we understand your situation. 1084 01:27:50,660 --> 01:27:53,800 Unfortunately, the justifications. 1085 01:27:55,520 --> 01:27:56,420 No, I understand. 1086 01:27:56,580 --> 01:27:56,980 Appreciate you all. 1087 01:27:57,480 --> 01:27:58,120 Thank you. 1088 01:27:58,500 --> 01:27:58,740 Thank you. 1089 01:28:21,340 --> 01:28:22,740 One more thing here. 1090 01:28:26,360 --> 01:28:33,740 Thomas Parks is asking for a special exception cottage industry for automobile and marine 1091 01:28:33,740 --> 01:28:34,180 repair. 1092 01:28:34,540 --> 01:28:34,660 Also 1093 01:28:42,630 --> 01:28:45,750 back again to present this. 1094 01:28:46,690 --> 01:28:52,470 So, Thomas Parks is requesting a special exception to operate an automobile and marine repair 1095 01:28:52,470 --> 01:28:58,290 business as a cottage industry using an existing poll building that's on its property. 1096 01:28:58,290 --> 01:29:05,990 So, the applicant would like to use 2,300 fit building as marine non-bibular pair facility. 1097 01:29:07,550 --> 01:29:13,250 This business would be contained entirely within the existing accessory structure, and 1098 01:29:13,250 --> 01:29:15,990 this is in alignment with the Kent County Comprehensive Plan. 1099 01:29:16,630 --> 01:29:20,030 It means all requirements to establish under the cottage industry. 1100 01:29:23,680 --> 01:29:28,900 So the site is located at 1291, Ireland's corner road in Galena, in the first election 1101 01:29:28,900 --> 01:29:34,940 district, its own community residential. The three and almost a half acre property is currently 1102 01:29:34,940 --> 01:29:41,700 used as the primary residence for Mr. Parks. The proposal utilizes an existing accessory structure 1103 01:29:42,240 --> 01:29:48,020 for the cottage industry. All activities associated with the industry will remain inside the structure 1104 01:29:48,640 --> 01:29:55,480 as required by the ordinance. No existing landscape will be removed. No additional structures will 1105 01:29:55,480 --> 01:29:59,960 be created. The app can also be created. Here it's so so we are. 1106 01:30:00,000 --> 01:30:29,980 Create the business during standard daytime hours, and we'll hire no more than two additional staff members to operate the business. Traffic is expected to be minimal to the site, primarily for the pickup and drop off of automobiles or marine craft, which are also, they're going to be removed inside the structure immediately upon arrival. So, the applicable laws in this case are Article 3, Section 258, which identifies cottage industries for tradesmen and arts and shoppers. 1107 01:30:29,980 --> 01:30:35,070 In terms of staff comments, 1108 01:30:39,060 --> 01:30:43,480 the proposal fits within the requirements for cottage industry is defined. 1109 01:30:44,360 --> 01:30:47,180 The act is made clear, the work will occur inside the structure. 1110 01:30:50,040 --> 01:30:52,080 The proposal is aligned with the comprehensive plan. 1111 01:30:52,480 --> 01:30:58,580 The growth of cottage industry is one of the core strategies highlighted in the plan as a way to expand and diversify the businesses operating in the county. 1112 01:30:59,000 --> 01:31:04,320 The comprehensive plan argues that is the responsibility of the planning department to assist these proposals through the permitting process. 1113 01:31:04,320 --> 01:31:10,200 We see this proposal is not imposing any significant new demand on the existing infrastructure. 1114 01:31:10,720 --> 01:31:16,380 It meets all requirements associated with the college industry or cottage industry use in the existing zoning. 1115 01:31:17,340 --> 01:31:24,980 So staff recommends forwarding a favorable recommendation to the Board of Appeals for approval of the special exception to operate a cottage industry. 1116 01:31:24,980 --> 01:31:25,760 Raise 1117 01:31:41,090 --> 01:31:46,050 your right hand, so we're going to tell the truth, the whole truth, and nothing but the truth. 1118 01:31:46,350 --> 01:31:48,850 And state your name and address to the record please. 1119 01:31:49,410 --> 01:31:53,050 Tom Parks, 1-3901, Ireland's corner row, Galena. 1120 01:31:54,050 --> 01:31:57,190 Cheryl Leonard, 1-2901, Ireland's corner row, Galena. 1121 01:32:03,220 --> 01:32:05,500 I want to restore cars. 1122 01:32:06,100 --> 01:32:11,420 It was my hobby, and I've worked at a severally dealership for 31 years. 1123 01:32:11,420 --> 01:32:18,040 and I'd like to do like sort of slow down and do it at home and just do 1124 01:32:18,040 --> 01:32:25,680 meticulous restoration on cars and you know I don't want to disrupt the 1125 01:32:25,680 --> 01:32:30,340 community in any way I just you know keep everything inside and quiet and 1126 01:32:38,820 --> 01:32:39,500 let's 1127 01:32:46,860 --> 01:32:55,140 custom fabrication bodywork yes yes yes not mechanical just body 1128 01:32:55,140 --> 01:32:56,980 Would you have a lift back there? 1129 01:32:57,260 --> 01:32:58,580 I have a lift back there, yes. 1130 01:32:58,660 --> 01:32:59,620 You have one now? 1131 01:32:59,860 --> 01:33:00,120 I do. 1132 01:33:00,520 --> 01:33:00,660 Yes. 1133 01:33:05,370 --> 01:33:06,370 Same with both. 1134 01:33:09,730 --> 01:33:13,910 I won't do marine work, but it falls in with a cottage. 1135 01:33:14,790 --> 01:33:19,090 I had to file that way, because it was part of the... 1136 01:33:19,090 --> 01:33:20,050 It's part of the... 1137 01:33:20,050 --> 01:33:20,190 Yeah. 1138 01:33:20,730 --> 01:33:22,810 I don't work on marine stuff. 1139 01:33:23,550 --> 01:33:24,630 So it's basically cars. 1140 01:33:24,930 --> 01:33:25,430 Yes. 1141 01:33:25,890 --> 01:33:26,690 Body work. 1142 01:33:27,050 --> 01:33:27,270 Do 1143 01:33:31,620 --> 01:33:33,060 you need a state license for that? 1144 01:33:34,120 --> 01:33:34,460 No. 1145 01:33:34,460 --> 01:33:35,220 I'm 1146 01:33:38,260 --> 01:33:42,540 certified. I come from a somewhat of a background. 1147 01:33:46,050 --> 01:33:48,990 I'm certified for you know. 1148 01:33:49,130 --> 01:33:53,770 You're certified in the camp. I'm certified welder and certified in with all the 1149 01:33:53,770 --> 01:33:54,290 auto body. 1150 01:33:56,810 --> 01:33:59,890 Keep every well with the body work. Yes, you would be inside. 1151 01:34:03,920 --> 01:34:04,420 It's 1152 01:34:04,420 --> 01:34:05,920 insulated in air condition. 1153 01:34:13,830 --> 01:34:18,270 I'm sorry. It seems pretty straightforward to me. Yeah I'm 1154 01:34:18,270 --> 01:34:25,990 I'm just trying to get a feel because if, to say you know, I look at it like it is 1155 01:34:30,790 --> 01:34:35,930 a residential area that's why I'm kind of asking some questions. 1156 01:34:36,510 --> 01:34:44,550 I've restored my own vehicles there on weekends and stuff and I've never had any complaints on noise or anything like that. 1157 01:34:46,470 --> 01:34:51,050 I'm always courteous and try to keep the doors closed and you know I've 1158 01:34:54,320 --> 01:34:55,840 never had any problems so yeah. 1159 01:34:56,260 --> 01:35:00,140 There's no cars in all the vehicles, I won't be left out at night or anything. 1160 01:35:00,200 --> 01:35:02,780 Neighbors can see a bunch of cars parked out there. 1161 01:35:02,980 --> 01:35:04,040 Never anything outside. 1162 01:35:04,480 --> 01:35:08,440 If you're going to be a classic car restoration, you're going to be keeping it inside. 1163 01:35:10,500 --> 01:35:14,400 It's not going to be a lot of slow tedious process. 1164 01:35:14,400 --> 01:35:18,960 It is, it's not like everybody in and out here, but right, exactly. 1165 01:35:23,850 --> 01:35:37,950 Make a motion to send the favorable recommendation to the Board of Appeals for Thomas Park's request for a special exception to operate an automobile and marine repair business as a cottage industry. 1166 01:35:39,870 --> 01:35:41,690 The address is on there. 1167 01:35:43,930 --> 01:35:53,050 one, two, nine, oh, one, Ireland's corner road, Galena, the applicant meets Article 4, Section 1168 01:35:53,050 --> 01:35:57,990 3 of Unified Ordinance, and therefore, recommend a favourable. 1169 01:36:00,160 --> 01:36:00,840 Seconded. 1170 01:36:06,400 --> 01:36:07,180 Just get that. 1171 01:36:19,560 --> 01:36:21,260 I've got a motion in a second. 1172 01:36:27,690 --> 01:36:39,770 I'll be able to see my car's on classic enough. 1173 01:37:00,870 --> 01:37:04,830 No, I can't actually think of anything, but I know it's quit. 1174 01:37:05,750 --> 01:37:08,690 Nobody is quit a whole month now. 1175 01:37:11,180 --> 01:37:18,850 We're still waiting to get repairs to the front office scheduled, so things have been a little 1176 01:37:18,850 --> 01:37:19,310 chaotic. 1177 01:37:25,430 --> 01:37:29,990 The back part of the office is, yes, so 1178 01:37:32,740 --> 01:37:36,320 no, I don't really think I have anything to report out or to discuss. 1179 01:37:36,880 --> 01:37:38,800 I don't know if Mr. Maldives. 1180 01:37:38,800 --> 01:37:39,360 You 1181 01:37:42,340 --> 01:37:43,500 see the motion towards Erwin? 1182 01:37:45,440 --> 01:37:45,880 All 1183 01:37:48,850 --> 01:37:49,370 right. 1184 01:37:50,010 --> 01:37:50,210 All right.