[1:06] Second.

[1:10] » Does the planning director have any remarks

[1:14] for the meeting? >> I do. Yes. I just wanted to confirm

[1:23] I just wanted to confirm that everyone's had their planning commission or board

[1:26] member >> training.

[1:28] » Yes. I believe that you have as well. >> I'm sorry.

[1:31] » Have you gotten your planning commission and board member training done?

[1:34] » Oh, yeah. >> Okay. Excellent. That's all I needed to

[1:36] know. Thank you.

[1:40] » I will now call the first case.

[1:54] The request for use of separation. authorization.

[2:05] » Thank you.

[2:11] Public hearing approval of fuel storage tanks.

[2:17] Uh variance for the width of the entry at the property line

[2:24] located at the southeast corner of US Route 13 and Stockton Road intersection.

[2:35] She's got a swear.

[2:42] » So, if anybody is planning on um speaking to today, whether that's

[2:45] presenting before the board, um if anybody is going to be speaking in in

[2:50] favor or against and um what we're here for today um as well as any members um

[2:56] of Poi City um also needs to stand this

[3:01] morning. Thank you. raise your right hand. Um, do you swear

[3:06] or affirm under penalties or perjury that the responses given and statements

[3:10] made will be the whole truth and nothing but the truth?

[3:13] » Thank you. >> And for the record,

[3:17] » well, you have to do it. >> For the record, Mark Spencer Craropper,

[3:22] 6200 Coastal Highway, Sweet 200, Ocean City, Maryland. And I'm the attorney for

[3:28] this matter. And I'm going to call Michael. will come forward and identify

[3:34] yourself for the board, please. >> Michael Corey, project manager for

[3:39] Dynamic Engineering, 125 West Street, Sweet 2011, Annapapolis, Maryland 21401.

[3:46] » And you uh as the project manager have prepared the renderings that were

[3:52] submitted with the application for the conditional use and the variance being

[3:57] considered by the board this evening. Correct.

[3:59] » Correct. Uh, did you bring those with you?

[4:03] » Yes. >> Is that to show the board?

[4:05] » Uh, not those exactly, just >> we're going to rely on what's here.

[4:10] » Yeah, those are the renderings of the Wahwa itself, but I don't think they're

[4:14] applicable today. >> No. Uh, if the board would like to see

[4:17] what the Waw Wa will look like, we'll be more than happy to show that to you, but

[4:21] that's not really an issue this evening. So, uh, there's two matters before you

[4:26] this evening. A conditional use for, uh, uh, below ground fuel storage tanks and

[4:33] then a variance regarding the width of the entrance into this site. So,

[4:38] Michael, if you'll go over there, please, and show and I'll have this

[4:42] marked as applicants exhibit number one. Is that okay? Should I mark it on there

[4:47] myself?

[4:51] » No.

[4:54] just put one.

[5:00] » So for the record, I've marked as exhibit number one the site plan

[5:06] prepared by dynamic engineering that's only usable for you. So with regard to

[5:11] the first request, I'm going to keep these two requests separate. Identify

[5:15] the fuel storage tanks that were the subject of the conditional use, please.

[5:21] How many And how many tanks are we talking about?

[5:24] » Six tanks. >> And all six of those tanks are below

[5:28] ground. Correct. >> How large are those tanks?

[5:32] » They're each 20,000 gallons. So totaling 120,000.

[5:37] » Okay. And pursuant to section 230-31 of the Pocamoke City Code, uh it says,

[5:44] "Notwithstanding any provision of this chapter, to the contrary, the following

[5:48] regulations shall apply to the use of fuel storage tanks, B, fuel storage

[5:54] tanks with a capacity greater than 1,000 gallons, either individually or in the

[6:01] aggregate, shall be permitted within the B2 general business, M1 Light Industrial

[6:07] District. as a conditional use only and provided such tanks comply with

[6:12] requirements of the National Fire Protection Association and or Public

[6:16] Service Commission and provided that any such tanks be located not less than 200

[6:21] ft from any lot in any our district. It's true, is it not? These tanks as

[6:28] proposed comply with those provisions. Is that correct?

[6:33] And uh Dynamic Engineering has familiarity

[6:37] not only with Wawwa's but other similar such uh businesses such as Royal Farm

[6:44] Store and the like that also have below ground storage tanks. Correct. The

[6:50] storage tanks in this particular case are of similar size.

[6:55] » Yes. >> Than you would have with the Royal Farms

[6:58] or other similar such uses. Correct. and the 1,00galon

[7:04] limit in section 230-31 of the Pokeote Code. Under no

[7:09] circumstance would a,000 gallons of fuel in any way be enough to accommodate the

[7:15] demand that's expected with this business. Correct.

[7:19] » So basically under any scenario, one your fuel tanks are going to be below

[7:24] ground. Correct. And there are all going to be in excess for a use like this of a

[7:30] thousand gallons. So anybody developing a Waw Wa or Royal Farm store or similar

[7:36] use would have to come before this body if it's in the city of Poke and get this

[7:41] conditional use, but it's unique to this particular use that you need that much

[7:47] storage because obviously there are other uses that wouldn't demand that

[7:51] much fuel storage below ground. Correct. >> Okay.

[7:56] So I know that uh for the board members benefit you've been provided some

[8:03] criteria for special exceptions or conditional uses and I am going to run

[8:08] through them very quickly. Uh it says in the introduction of 230-108

[8:17] uh the application for permit shall not be approved where the board finds that

[8:21] the proposed building addition extension of building or use sign use or change of

[8:27] use would adversely affect the public health safety security morals or general

[8:35] welfare or would result in dangerous traffic conditions.

[8:39] or would jeopardize the lives of or property of other people in the

[8:44] neighborhood. So, let me ask you, Mr. Corey, should the

[8:50] uh board look favorably upon this conditional use, do you agree with me

[8:56] that the proposed building addition extension of building or use would not

[9:01] adversely affect the public health, safety, security, morals, or general

[9:08] welfare? Do you agree with that? >> Do you also agree that it would not

[9:13] result in any dangerous traffic conditions or jeopardize the lives or

[9:19] property of other people in the neighborhood? Do you agree with that?

[9:24] » Because it's a conditional use similar to special exceptions. I'm not sure if

[9:28] the board's ever heard this, but by their very nature, those are considered

[9:33] presumptively permitted uses and as such, they are consistent with the

[9:37] comprehensive plan. Do you agree with that?

[9:44] Uh subsection A of 230-108

[9:49] simply says the purpose, application, interpretation and standards of these

[9:54] regulations that set forth in article one they are complied with. Correct.

[9:59] B. Decisions of the circuit court for Worester County and the Court of Appeals

[10:04] of Maryland. To my knowledge, there are no decisions of the Circuit Court for

[10:08] Worcester County or the Court of Appeals that would have any bearing on this

[10:12] matter. Would you agree with that? You're going to have to speak up. You

[10:16] would agree. Okay. Uh, next, the orderly growth and

[10:21] improvement of the neighborhood and community. In this particular case, the

[10:27] parcel of land where this Waw Wa is proposed was subdivided from a larger

[10:32] piece specifically for this use. And so the mayor and council of Pocomoke not

[10:39] only agreed to the annexation of the property but the zoning that allows this

[10:45] use and as such I would submit should you approve this it is consistent

[10:52] with the orderly growth and improvement of the neighborhood and community. Do

[10:56] you agree with that? >> Agree.

[10:59] » Next. the most appropriate use of land and structures structures in accordance

[11:04] with the comprehensive plan. Again, the mayor and council would not have annexed

[11:10] and zoned this piece of property as they did for this use

[11:14] unless it was the most appropriate use of land and consistent with the

[11:19] comprehensive plan. because it if it wasn't deemed the most appropriate use

[11:24] or if it wasn't consistent with the comprehensive plan, the annexation

[11:29] wouldn't have been approved, nor would the zoning have been provided. You

[11:32] agree?

[11:35] » Next, facilities for sewers, water, schools, traffic, transportation, and

[11:41] other services, and the ability of the city or other public agency to apply to

[11:47] supply such services. I'm going to start with sewer and water. In the annexation

[11:52] agreement, the city of Poke has appre has agreed to provide water and sewer

[11:57] service to this project. Correct. >> Because it's a commercial use, it

[12:02] doesn't put any demand on schools. Correct.

[12:05] » Yes, sir. As far as traffic, transportation, and

[12:09] other services, it's right on the highway and dynamic has been been

[12:14] working with the state highway administration to ensure that you have

[12:18] adequate means of ingress and egress to this site. Correct.

[12:23] » Yes.

[12:26] Next, the limitation of firefighting and rescue equipment and the means of access

[12:32] for fire and police protection.

[12:37] The keep in mind this specific request, the conditional use has only to do with

[12:42] the fuel tanks. The fuel tanks comply with all federal, state, and local

[12:48] statutes and regulations that that are required

[12:52] uh by the fire department and otherwise. In other words, all the safety

[12:56] requirements are being met with these tanks that would be installed. Correct.

[13:00] » Yes.

[13:05] » Next. The probable effect of such use upon the peaceful enjoyment of people in

[13:10] their homes. There aren't any homes that that are

[13:16] extremely close to the site. I mean, there are some in the general

[13:18] neighborhood, but there's no uh residences

[13:24] that are extremely close to where these fuel tanks are or the Wawwa itself. Is

[13:30] that correct? >> Um,

[13:33] » what's the closest? >> So, there's a couple along Stockton

[13:38] Road, >> right? They're down Stockton Road.

[13:42] How far? >> Couple hundred feet.

[13:44] » Okay. All right. The but because this property was

[13:49] annexed in and because it was given the same zoning classification which is

[13:54] commercial that was taken into consideration meaning the impact on

[13:58] those properties when the annexation was approved and when the resoning occurred.

[14:02] Correct.

[14:06] number of people residing, working or studying in the immediate vicinity.

[14:12] There are some homes in the vicinity, but it's not what you would call high

[14:17] density. Is that fair?

[14:21] » The type, character, and use of structures in the vicinity, especially

[14:25] where people are apt to gather in large numbers, such as in schools, churches,

[14:31] theaters, and the like. Again, this was annexed. It was zoned commercial for

[14:36] this use and this use was known when it was annexed and when it was given the

[14:40] underlying zoning. Correct. Yes.

[14:46] Next. Traffic conditions including facilities for pedestrian such as

[14:50] sidewalks and safety zones and parking facilities available and the access of

[14:56] cars to highways. Show the board, show the board members, please how you will

[15:01] access this site off the highway. So all 13

[15:10] interite

[15:17] and either circulate along this shared access for possible future development

[15:24] which there really is nothing at this time but

[15:29] there's two access points to have good circulation around the site.

[15:34] Um, also sheet I believe sheet eight of the site development plan has uh fire

[15:43] truck turn template showing adequate fire truck circulation throughout the

[15:47] site. >> And so this site cannot be accessed

[15:52] directly off 13. Correct. You have to come in off Stockton Road. Correct.

[15:56] » And the two access points that you just identified are internal to this lot. In

[16:02] other words, there's only one access point off Stockton Road. Correct.

[16:06] » It's once you get in the site that you have multip multiple means of getting

[16:12] around the WildW building. Correct. >> Okay.

[16:16] Next, the preservation of cultural and historic landmarks. To my knowledge,

[16:21] correct me if I'm wrong, there are no cultural [clears throat] or historic

[16:25] landmarks in or immediately adjacent to this parcel. Correct.

[16:31] » Okay. the conservation of property values.

[16:35] Again, this was annexed and zoned for this use and this particular use,

[16:42] meaning the Waw Wa was known when that occurred. So clearly, the mayor and

[16:46] council of Pocamote wouldn't have done so if it was go going to have a

[16:51] detrimental impact on property values. Correct.

[16:56] the probable effect of odors, dust, gas, smoke, fumes, vibration, glare, or noise

[17:02] upon the uses of surrounding properties. Again, this use is a permitted use in

[17:08] this zoning classification. Correct. Uh, and while there are impacts from this

[17:15] use, you are going to have some noise, you are going to have some traffic that

[17:20] is inherent with this use. allowed as a principal

[17:25] permitted use in this zone. Correct. >> And finally, the contribution, if any,

[17:32] such proposed building use or addition would make toward the deterioration of

[17:39] areas and neighborhoods. I don't see how in the world a new Waw

[17:44] Wa at this location would do anything but enhance the neighborhood, not be not

[17:51] contribute toward a deterioration of it. Would you agree with that?

[17:56] » Okay. I think I've addressed all the criteria in section 230-108

[18:03] of the Pocamote Code. Now with regard to the variance

[18:11] the

[18:16] PO code says

[18:21] among among other things

[18:27] with the entrance into this site no such vehicular entrance or exit whether on a

[18:34] corner lot or not shall exceed 40 feet in width at the curb line or 30 feet at

[18:42] the property line. Show the board members

[18:47] where the uh measurement that Miss Trembley took is on that board

[18:54] from inside the curb to inside the curb. Okay. So, for the board members, that's

[19:01] all we're talking about.

[19:05] right here and inside to inside Miss Trembley measured it to be 47 feet which

[19:12] is in excess of the 40 ft in the code which is why we need a variance because

[19:18] 47's more than 40 and the code says 40 one I'm a little stunned that your code

[19:27] says this because this use by its very nature nature requires a

[19:34] wider means of ingress and egress because you have tractor trailers

[19:38] delivering fuel and other goods to this site. A tractor trailer coming in and

[19:44] out requires a certain amount of room. 40 ft is not generally in anywhere near

[19:51] enough. Dynamic does work not only for Wawa but a lot of other similar uses.

[19:58] Can you agree with me that 40 feet is generally not enough to accommodate the

[20:04] type of vehicular traffic, truck traffic that's necessary to support this use? Do

[20:09] you agree with that? There are other commercial uses that

[20:15] would not require the 47 ft, but it's because of the unique and exceptional

[20:23] exceptional nature of a Wawa or again like a Royal Farms that you have to have

[20:28] a wider entrance than what the Poke City code otherwise allows. Agreed.

[20:41] for the board's benefit. Section 230-107,

[20:45] powers and duties of the board of appeals. It says, among other things, no

[20:51] such variance in the provisions or requirements of this chapter shall be

[20:56] authorized by the board unless the board finds beyond a reasonable doubt that all

[21:01] such following facts and conditions exist.

[21:06] I'm going to put something on the record. I don't want to throw anybody

[21:10] off, but where it says beyond a reasonable doubt,

[21:15] that's actually a standard in criminal law. It's not a standard in civil

[21:21] matters. I think that's a typo. It should probably be changed, but I'm

[21:26] going to address the criteria, but I don't think the law requires me to do so

[21:30] beyond a reasonable doubt. I just want to put that on the record. Um, one,

[21:35] there are exceptional and and extraordinary circumstances or

[21:39] conditions applying to the property in question or to the intended use of the

[21:44] property that do not apply generally to other properties or classes of uses in

[21:51] the same zoning district. Even though I know I've already kind of addressed

[21:55] this, it's only because it's a Waw Wa that is fuel service and they also have

[22:02] retail inside that it requires a wider entrance than

[22:07] what the code otherwise allows. That in and of itself, meaning the use and this

[22:12] property is exceptional, it's unique, it's different, which is what uh

[22:18] justifies the variance. Agreed? that such variance is necessary for the

[22:24] preservation and enjoyment of substantial property rights possessed by

[22:28] other properties in the same zoning district and in the same vicinity. The

[22:33] commercial zoning provisions of the boke poke city code like all other codes

[22:40] allow a variety of commercial uses some more intense than others. It does it

[22:48] doesn't make any sense to have a property zoned commercial if you can't

[22:52] accommodate a commercial use on those properties. Agreed.

[22:57] This commercial use is a principal permitted use to preserve the value of

[23:02] this property. You you have to accommodate the traffic to be generated

[23:06] by this use. Agreed. Only by having a wider means of ingress and egress,

[23:12] meaning this variance, can that use truly be accommodated. Correct.

[23:19] » C. That the authorizing of such variance will not be of substantial detriment to

[23:25] the adjacent property and will not materially impair the purpose of this

[23:29] chapter or the public interest. I would submit to the board. I will ask you to

[23:35] agree. If if

[23:40] if developing a Wawwa on this property was going to be detrimental to the

[23:45] adjacent property and was going to materially impair the purpose of this

[23:52] this section of the code or the public interest, the mayor and council would

[23:57] never have approved the annexation and the reasoning. Agreed.

[24:03] Finally, I know you're tired of hearing me talk.

[24:07] No grant of a variant shall be authorized unless the board specifically

[24:11] finds that the condition or situation of the specific piece of property or the

[24:17] intended use of said property for which variance is sought. One or the other or

[24:24] in combination is not of so general or recurrent a nature as to make reasonably

[24:30] practicable the formation of a general regulation for such condition or

[24:36] situation to be adopted by the mayor and council

[24:40] as an amendment to this chapter. That's a lot of verbiage but basically what it

[24:44] means is this. If

[24:48] the variance being sought is something that would be

[24:56] so frequently requested, it is so reasonably foreseeable that

[25:01] would happen instead of a unique condition or

[25:05] circumstance just generally with the development of property zoned

[25:11] commercial. and therefore the mayor and council of Pokeote could pass a law

[25:17] generally addressing this issue. Then as a general rule, the variance is not to

[25:22] be warranted. Here it's warranted because of the unique condition or

[25:27] circumstance created by this particular use on this particular property. And as

[25:34] as a result, you have the authority to grant the variance. Otherwise, the mayor

[25:39] and council of Pocamote should pass a law of more general applicability.

[25:45] Again, I've addressed it a bunch of times. Unique condition, unique

[25:49] circumstance, unique property for this use and as such, the variance is

[25:54] warranted. Would you agree with that? >> Wow. There you go. I've addressed I

[26:01] respectfully submit all the criteria for the conditional use and all the criteria

[26:05] for variance. However, we are here to answer any questions you may have. Thank

[26:10] you.

[26:15] » How many gas

[26:22] » this layout?

[26:31] » Yeah, it looks like eight to me on that side.

[26:36] The pumps can serve people on both sides. Okay.

[26:40] » Okay.

[26:45] » I don't think I have any. >> No, I don't think I have any questions.

[26:57] » Sure. Before we do that, let's just um note for the record um has exhibit one

[27:01] been admitted

[27:06] you can say this is for the record. >> I think we're good at this point.

[27:13] » Thank you. >> Thank you.

[27:16] » Would anybody else from the audience like to speak?

[27:27] » If she hadn't if she hasn't been she does.

[27:30] » Okay.

[27:33] and raise your right hand. Do you swear affirm under penalties of per perjury

[27:37] that the responses given and statements made will be the whole truth and nothing

[27:40] but the truth? >> I do.

[27:41] » You could state your name and address for the record, please.

[27:43] » Paula Ward. Um I live at 3779 Ryderwood Drive in Salsbury. My sister and I are

[27:50] here representing our mother who lives at 2409 Stockton Road, directly across

[27:56] the street from the Wawa, the road from the Wawa.

[28:02] Um I think that there was a comment made

[28:06] earlier that the um there was not going to be a significant

[28:11] that there there wasn't any property so adjacent that it wasn't going to be

[28:17] cause a potential problem traffic-wise but our mother's house is right across

[28:23] the road. Um, so I thought that that was not quite a really good characterization

[28:29] of some of the property around there. Um, we do have we don't oppose a

[28:35] walawala going in there. Let me just say that we do have concerns about the

[28:39] impact of traffic right there at the intersection of Stockton Road, which is

[28:45] when you come across Stockton Road heading east. Our mother's house is the

[28:50] very first house there with the field next to it. And um I was just wondering

[28:55] if any thought was given to how difficult uh potentially it's going

[29:01] to be getting in and out of those driveways there, not only hers, but the

[29:05] driveway of the house next to her. Um >> so just trying to

[29:12] house right on Stocking Road or is it the one that's in the field kind of like

[29:16] in the middle of the field? >> No, that's the Burninghams that they own

[29:20] that property. you talking about the one way way back there in the field on that

[29:23] on this parcel of property. It's directly across it. So when you come

[29:26] across um um like I said heading east as soon as

[29:33] you cross that that big field where the that church sign is and then there's two

[29:38] houses. Our mother's house is the very first house.

[29:41] » So her driveway is right virtually at the top of the hill of this

[29:46] intersection. Um, so you know, we've been talking about, you know, what it's

[29:53] going to be like trying to get not so much into the driveway, but back out of

[29:57] the driveway, uh, with the, um, with the traffic light there. And was any

[30:02] consideration, you know, given to that? And, um,

[30:08] um, and I I do have another question, too. It doesn't have anything at all to

[30:12] do with that, but I did um, we obtained the materials um, prior to coming in.

[30:17] So, we've been able to look at the site plan and everything and um the mailbox

[30:21] that services our mother's house and the house right next door is currently on

[30:25] the other side of Stockton Road. So, when we we have to cross the road to get

[30:29] to get the mail out of the mailboxes. I do see there's a notation on the plans

[30:32] that said that those mailboxes are going to be moved. Um and um my question is

[30:38] where and when. Um because I hope that the answer is not that they're going to

[30:43] be moved on the other side of the additional two lanes that are going in.

[30:47] That would make it impossible to be able to access the mailboxes. So um those

[30:51] were basically our two questions concerns. Um the um the placement of the

[30:58] fuel tanks. I know that I read it said it has to be 200 feet away from the

[31:01] nearest residential property. Um, I guess my only question would be is this

[31:05] if those things blow, is that really going to that 200 feet really going to

[31:09] be a protection for the for the adjacent properties or some, you know, pretty

[31:13] close to it across the street? If somebody, you know, could answer that.

[31:22] » Come forward. I'll try to address questions.

[31:25] » Okay. And your name again? >> Paula Ward. W A R D.

[31:30] » Nice to meet you. Show me on here where >> it says gravel driveway

[31:40] is this property um right about

[31:59] » um

[32:07] So I want to address first uh m Mr. Corey come forward a minute

[32:18] as dynamic was working on this project uh traffic study was performed as a

[32:25] condition of the annexation agreement. Correct.

[32:28] » Correct. And it was required for by state highway for the signal warrant.

[32:35] » For the signal warrant at Stockton and 13.

[32:38] » Correct. >> And it addressed not only the impact on

[32:43] 13, but the impact of this use on Stockton Road. Correct.

[32:46] » Correct. and it supported this use on this property

[32:52] and warranted a full traffic signal at the intersection of 13 and Stockton.

[32:58] Correct. Um

[33:02] I missed a little bit the question about mailbox.

[33:08] Can you explain to me your concern about the mailbox?

[33:10] » Yeah, I can show you. Um it's not really on one of the prior

[33:16] plans it shows that let's see so right now so this is just the existing east

[33:24] west right here and the mail boxes that service these two houses are right about

[33:33] there just off of just off of the road on the

[33:38] south side. So currently when we go to get the mail,

[33:42] you know, we come across here and we get the mail and as you probably know is

[33:48] pretty heavily traveled. So it's somewhat you have to be real careful. Um

[33:53] my concern was I understand that obviously the glasses have to move. I'm

[33:58] hoping that they're going to be moved over here on this side because it would

[34:01] be absolutely impossible and ludicrous to put them over here. So we were

[34:05] looking for some >> you have to know what about the moving

[34:09] of the I do not off the top of my head, but we

[34:12] can help coordinate with USPS to >> because it's a valid point.

[34:18] » Yeah. >> And I I think they would.

[34:21] » Do you know if further down Stockton if all the mailboxes are on one side or the

[34:26] other?

[34:29] » I haven't

[34:40] There is road immediately

[34:48] that um they're all road that goes down

[34:57] and beyond that section like the highway

[35:05] the lanes are riding houses those boxes are also

[35:12] I'm gonna do something for a minute. Can you come forward and put your name in

[35:17] the record and be sworn in since you you just

[35:22] » I think you probably should. >> Thank you.

[35:26] » Just come on up and get your name. >> May if you could raise your right hand,

[35:31] please. >> Yes.

[35:32] » Thanks. Do you swear or affirm under penalties of perjury that the responses

[35:36] given and statements made will be the the truth and nothing but the truth.

[35:40] » I do. >> Thank you. If you could state your name

[35:42] for the record. >> My name is June Sergeant. Um I'm a

[35:47] daughter of three of m our mother Mrs. Ward. I live in Salsbury, Maryland at

[35:55] 1514 Windham Court

[35:59] 2804. >> Thank you.

[36:02] » We just kind of need to do that. >> Um thank you for your comments. I try

[36:08] address we can uh the comment about what happens if the fuel tank blows up.

[36:15] One, we're hoping that doesn't happen, >> but obviously

[36:19] uh a gas station is allowed as a principal

[36:23] peritted use on this property would would necess necessitate underground

[36:28] fuel tanks. That risk always applies, but u all precautions will be taken and

[36:35] again the tanks installed how to use all the federal,

[36:40] state, and local. So I'm hopeful that

[36:48] » actually the more concerning really is just the uh the impact on the traffic

[36:55] right here because right now when um there's no turn

[37:02] back

[37:07] and if I if we're reading this correctly it looks like the lanes that are coming

[37:13] to this point are going to be um obviously here but they collapse

[37:20] basically down pretty quickly two lum

[37:27] both of these lanes which are now westbound eastbound are going to be

[37:30] strictly westbound starting here am I reading that correctly all the way up

[37:34] » I believe that's correct is that correct >> um the the traffic light um We're trying

[37:42] to envision the scenario where um on a regular basis that this is fairly

[37:48] heavily used as it actually is now currently when people u come westbound

[37:54] with just the flashing light they come up here and hopefully they stop um and

[37:59] then they can move on the traffic. So what we're just concerned about is that

[38:04] with a traffic light here there's going to be the potential for quite a backup

[38:09] here and make it very difficult to out of this lane and how can that be

[38:16] addressed or reaches out >> because the proximity to the to the

[38:22] intersection itself is so close. It's right there

[38:26] under no theory and why I'm being dismissive of your concerns at all.

[38:32] » Uh but the only matters before this board this evening

[38:37] are the fuel tanks and how wide that entrance is. I think those are the only

[38:42] two issues for the board to address this evening. But I do

[38:47] appreciate the concerns you've expressed and obviously dynamic will take that

[38:52] back and make sure that you get dynamics contact information so they can

[38:57] communicate directly with you. >> That was pretty much our question is who

[39:01] who do we talk to about >> he gets all the credit all

[39:08] » Thank you very much. >> I'll Yep. Thank you.

[39:12] » Thank you.

[39:19] » Has everybody spoken?

[39:23] » So before we move on to closing the evidentiary portion, um I believe there

[39:31] was a staff report that was prepared and I just want to make sure that um that

[39:36] can be entered in as an exhibit.

[39:46] believed to

[39:50] I I am comfortable allowing the staff report to be entered

[39:55] as exhibit two.

[40:08] Since I haven't seen the staff report, I have to ask is there anything in the

[40:14] staff report that is detrimental to the case that I just presented?

[40:19] » The subsequent processes if if approved is to obtain site plan approval from the

[40:25] planning commission which has already been occurred. It was provided a

[40:28] favorable recommendation on August 27th. You still need to have site plan

[40:32] approval in front of city council and you will obtain a building permit.

[40:36] » Thank you. >> There are no concerns.

[40:38] » Okay. Thank you.

[40:42] » This concludes the public portion of our

[40:56] I don't have any questions. >> Madam Chair, just want to make sure that

[40:59] we have two actions that need to be taken. So I need one motion separately

[41:02] for the special exception and one separate motion for the variance.

[41:07] » Thank you.

[41:17] I was thinking we might go over some of these one by one, but uh he laid out I

[41:23] thought all of the everything that need to be said about uh exception or

[41:27] extraordinary circumstance. It [clears throat] needs that um wide of a

[41:31] entrance for tractor trailers to get in to fuel it. Um it would seem to be

[41:38] certainly necessary for them to have this variance in order to use the uh

[41:42] land as a um fueling station. Um and I don't see any way that it would

[41:49] uh detriment anybody adjacent. It wouldn't impair their enjoyment of their

[41:55] property.

[42:02] I guess in that case I'd make a motion to accept the uh variance for the uh

[42:07] width.

[42:10] So approve. >> All right.

[42:36] » Okay.

[42:45] gas station.

[43:00] » I think that he did a good job with every every laying out everything that

[43:04] we need here to grant the exception. I'd make a motion to um accept the exception

[43:12] » for the fuel tanks. >> So accepted.

[43:15] » All right.

[43:30] » Can I have a motion to adjourn? >> Oh, I'll make a motion to adjurnn then.

[43:34] » Second.

[43:39] Thank

Pocomoke City Board of Zoning Appeals Meeting 09.02.2026

Transcript