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Second.

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» Does the planning director have any
remarks

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for the meeting?
>> I do. Yes. I just wanted to confirm

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I just wanted to confirm that everyone's
had their planning commission or board

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member
>> training.

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» Yes. I believe that you have as well.
>> I'm sorry.

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» Have you gotten your planning commission
and board member training done?

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» Oh, yeah.
>> Okay. Excellent. That's all I needed to

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know. Thank you.

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» I will now call the first case.

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The request for use of separation.
authorization.

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» Thank you.

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Public hearing approval of fuel storage
tanks.

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Uh variance for the width of the entry
at the property line

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located at the southeast corner of US
Route 13 and Stockton Road intersection.

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She's got a swear.

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» So, if anybody is planning on um
speaking to today, whether that's

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presenting before the board, um if
anybody is going to be speaking in in

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favor or against and um what we're here
for today um as well as any members um

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of Poi
City um also needs to stand this

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morning. Thank you.
raise your right hand. Um, do you swear

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or affirm under penalties or perjury
that the responses given and statements

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made will be the whole truth and nothing
but the truth?

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» Thank you.
>> And for the record,

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» well, you have to do it.
>> For the record, Mark Spencer Craropper,

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6200 Coastal Highway, Sweet 200, Ocean
City, Maryland. And I'm the attorney for

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this matter. And I'm going to call
Michael. will come forward and identify

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yourself for the board, please.
>> Michael Corey, project manager for

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Dynamic Engineering, 125 West Street,
Sweet 2011, Annapapolis, Maryland 21401.

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» And you uh as the project manager
have prepared the renderings that were

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submitted with the application for the
conditional use and the variance being

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considered by the board this evening.
Correct.

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» Correct. Uh, did you bring those with
you?

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» Yes.
>> Is that to show the board?

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» Uh, not those exactly, just
>> we're going to rely on what's here.

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» Yeah, those are the renderings of the
Wahwa itself, but I don't think they're

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applicable today.
>> No. Uh, if the board would like to see

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

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that's not really an issue this evening.
So, uh, there's two matters before you

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this evening. A conditional use for, uh,
uh, below ground fuel storage tanks and

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then a variance regarding the width of
the entrance into this site. So,

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Michael, if you'll go over there,
please, and show and I'll have this

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marked as applicants exhibit number one.
Is that okay? Should I mark it on there

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myself?

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» No.

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just put one.

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» So for the record, I've marked as
exhibit number one the site plan

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prepared by dynamic engineering that's
only usable for you. So with regard to

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the first request, I'm going to keep
these two requests separate. Identify

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the fuel storage tanks that were the
subject of the conditional use, please.

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How many And how many tanks are we
talking about?

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» Six tanks.
>> And all six of those tanks are below

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ground. Correct.
>> How large are those tanks?

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» They're each 20,000 gallons. So totaling
120,000.

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» Okay. And pursuant to section 230-31
of the Pocamoke City Code, uh it says,

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"Notwithstanding any provision of this
chapter, to the contrary, the following

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regulations shall apply to the use of
fuel storage tanks, B, fuel storage

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tanks with a capacity greater than 1,000
gallons, either individually or in the

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aggregate, shall be permitted within the
B2 general business, M1 Light Industrial

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District. as a conditional use only and
provided such tanks comply with

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requirements of the National Fire
Protection Association and or Public

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Service Commission and provided that any
such tanks be located not less than 200

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

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proposed comply with those provisions.
Is that correct?

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And
uh Dynamic Engineering has familiarity

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not only with Wawwa's but other similar
such uh businesses such as Royal Farm

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Store and the like that also have below
ground storage tanks. Correct. The

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storage tanks in this particular case
are of similar size.

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» Yes.
>> Than you would have with the Royal Farms

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or other similar such uses. Correct. and
the 1,00galon

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limit in section 230-31
of the Pokeote Code. Under no

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circumstance would a,000 gallons of fuel
in any way be enough to accommodate the

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demand that's expected with this
business. Correct.

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» So basically under any scenario, one
your fuel tanks are going to be below

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ground. Correct. And there are all going
to be in excess for a use like this of a

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thousand gallons. So anybody developing
a Waw Wa or Royal Farm store or similar

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use would have to come before this body
if it's in the city of Poke and get this

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conditional use, but it's unique to this
particular use that you need that much

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storage because obviously there are
other uses that wouldn't demand that

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much fuel storage below ground. Correct.
>> Okay.

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So I know that uh for the board members
benefit you've been provided some

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criteria for special exceptions or
conditional uses and I am going to run

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through them very quickly. Uh
it says in the introduction of 230-108

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uh the application for permit shall not
be approved where the board finds that

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the proposed building addition extension
of building or use sign use or change of

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use would adversely affect the public
health safety security morals or general

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welfare or would result in dangerous
traffic conditions.

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or would jeopardize the lives of or
property of other people in the

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neighborhood. So, let me ask you, Mr.
Corey, should the

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uh board look favorably upon this
conditional use, do you agree with me

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that the proposed building addition
extension of building or use would not

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adversely affect the public health,
safety, security, morals, or general

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welfare? Do you agree with that?
>> Do you also agree that it would not

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result in any dangerous traffic
conditions or jeopardize the lives or

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property of other people in the
neighborhood? Do you agree with that?

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» Because it's a conditional use similar
to special exceptions. I'm not sure if

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the board's ever heard this, but by
their very nature, those are considered

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presumptively permitted uses and as
such, they are consistent with the

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comprehensive plan. Do you agree with
that?

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Uh
subsection A of 230-108

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simply says the purpose, application,
interpretation and standards of these

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regulations that set forth in article
one they are complied with. Correct.

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B. Decisions of the circuit court for
Worester County and the Court of Appeals

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of Maryland. To my knowledge, there are
no decisions of the Circuit Court for

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Worcester County or the Court of Appeals
that would have any bearing on this

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matter. Would you agree with that?
You're going to have to speak up. You

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would agree. Okay.
Uh, next, the orderly growth and

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improvement of the neighborhood and
community. In this particular case, the

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parcel of land where this Waw Wa is
proposed was subdivided from a larger

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piece specifically for this use. And so
the mayor and council of Pocomoke not

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only agreed to the annexation of the
property but the zoning that allows this

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use and as such I would submit
should you approve this it is consistent

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with the orderly growth and improvement
of the neighborhood and community. Do

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you agree with that?
>> Agree.

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» Next. the most appropriate use of land
and structures structures in accordance

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with the comprehensive plan. Again, the
mayor and council would not have annexed

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and zoned this piece of property as they
did for this use

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unless it was the most appropriate use
of land and consistent with the

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comprehensive plan. because it if it
wasn't deemed the most appropriate use

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or if it wasn't consistent with the
comprehensive plan, the annexation

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wouldn't have been approved, nor would
the zoning have been provided. You

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agree?

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00:11:35,760 --> 00:11:44,000
» Next, facilities for sewers, water,
schools, traffic, transportation, and

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other services, and the ability of the
city or other public agency to apply to

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supply such services. I'm going to start
with sewer and water. In the annexation

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agreement, the city of Poke has appre
has agreed to provide water and sewer

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service to this project. Correct.
>> Because it's a commercial use, it

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doesn't put any demand on schools.
Correct.

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00:12:05,040 --> 00:12:11,279
» Yes, sir.
As far as traffic, transportation, and

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other services, it's right on the
highway and dynamic has been been

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working with the state highway
administration to ensure that you have

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adequate means of ingress and egress to
this site. Correct.

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00:12:23,680 --> 00:12:26,680
» Yes.

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Next, the limitation of firefighting and
rescue equipment and the means of access

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for fire and police protection.

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The keep in mind this specific request,
the conditional use has only to do with

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the fuel tanks. The fuel tanks comply
with all federal, state, and local

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statutes and regulations that that are
required

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uh by the fire department and otherwise.
In other words, all the safety

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requirements are being met with these
tanks that would be installed. Correct.

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00:13:00,800 --> 00:13:03,800
» Yes.

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00:13:05,760 --> 00:13:13,680
» Next. The probable effect of such use
upon the peaceful enjoyment of people in

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their homes.
There aren't any homes that that are

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extremely close to the site. I mean,
there are some in the general

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neighborhood, but there's no uh
residences

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that are extremely close to where these
fuel tanks are or the Wawwa itself. Is

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that correct?
>> Um,

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» what's the closest?
>> So, there's a couple along Stockton

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Road,
>> right? They're down Stockton Road.

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How far?
>> Couple hundred feet.

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» Okay. All right.
The but because this property was

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annexed in and because it was given the
same zoning classification which is

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commercial that was taken into
consideration meaning the impact on

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those properties when the annexation was
approved and when the resoning occurred.

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Correct.

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number of people residing, working or
studying in the immediate vicinity.

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There are some homes in the vicinity,
but it's not what you would call high

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density. Is that fair?

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» The type, character, and use of
structures in the vicinity, especially

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where people are apt to gather in large
numbers, such as in schools, churches,

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theaters, and the like. Again, this was
annexed. It was zoned commercial for

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this use and this use was known when it
was annexed and when it was given the

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underlying zoning. Correct. Yes.

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Next. Traffic conditions including
facilities for pedestrian such as

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sidewalks and safety zones and parking
facilities available and the access of

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cars to highways. Show the board, show
the board members, please how you will

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access this site off the highway.
So all 13

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interite

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and either circulate along this shared
access for possible future development

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which
there really is nothing at this time but

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there's two access points to have good
circulation around the site.

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Um, also sheet I believe sheet eight of
the site development plan has uh fire

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truck turn template showing adequate
fire truck circulation throughout the

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site.
>> And so this site cannot be accessed

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directly off 13. Correct. You have to
come in off Stockton Road. Correct.

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» And the two access points that you just
identified are internal to this lot. In

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00:16:02,639 --> 00:16:08,560
other words, there's only one access
point off Stockton Road. Correct.

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» It's once you get in the site that you
have multip multiple means of getting

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around the WildW building. Correct.
>> Okay.

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Next, the preservation of cultural and
historic landmarks. To my knowledge,

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

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landmarks in or immediately adjacent to
this parcel. Correct.

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00:16:31,519 --> 00:16:38,800
» Okay.
the conservation of property values.

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00:16:35,440 --> 00:16:44,399
Again, this was annexed and zoned for
this use and this particular use,

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meaning the Waw Wa was known when that
occurred. So clearly, the mayor and

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council of Pocamote wouldn't have done
so if it was go going to have a

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detrimental impact on property values.
Correct.

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00:16:56,240 --> 00:17:05,039
the probable effect of odors, dust, gas,
smoke, fumes, vibration, glare, or noise

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00:17:02,560 --> 00:17:12,720
upon the uses of surrounding properties.
Again, this use is a permitted use in

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00:17:08,559 --> 00:17:17,919
this zoning classification. Correct. Uh,
and while there are impacts from this

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00:17:15,839 --> 00:17:23,039
use, you are going to have some noise,
you are going to have some traffic that

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00:17:20,000 --> 00:17:30,160
is inherent
with this use. allowed as a principal

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00:17:25,679 --> 00:17:36,400
permitted use in this zone. Correct.
>> And finally, the contribution, if any,

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00:17:32,640 --> 00:17:42,160
such proposed building use or addition
would make toward the deterioration of

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00:17:39,360 --> 00:17:47,440
areas and neighborhoods.
I don't see how in the world a new Waw

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00:17:44,880 --> 00:17:54,559
Wa at this location would do anything
but enhance the neighborhood, not be not

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00:17:51,679 --> 00:17:59,280
contribute toward a deterioration of it.
Would you agree with that?

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00:17:56,960 --> 00:18:07,360
» Okay. I think I've addressed all the
criteria in section 230-108

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00:18:03,360 --> 00:18:11,480
of the Pocamote Code. Now
with regard to the variance

200
00:18:11,600 --> 00:18:14,600
the

201
00:18:16,160 --> 00:18:25,480
PO code
says

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00:18:21,200 --> 00:18:25,480
among among other things

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00:18:27,600 --> 00:18:37,919
with the entrance into this site no such
vehicular entrance or exit whether on a

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00:18:34,160 --> 00:18:44,960
corner lot or not shall exceed 40 feet
in width at the curb line or 30 feet at

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00:18:42,240 --> 00:18:51,600
the property line.
Show the board members

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00:18:47,919 --> 00:18:58,080
where the uh measurement
that Miss Trembley took is on that board

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00:18:54,960 --> 00:19:04,919
from inside the curb to inside the curb.
Okay. So, for the board members, that's

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00:19:01,200 --> 00:19:04,919
all we're talking about.

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00:19:05,600 --> 00:19:16,000
right here and inside to inside Miss
Trembley measured it to be 47 feet which

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00:19:12,640 --> 00:19:23,919
is in excess of the 40 ft in the code
which is why we need a variance because

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00:19:18,720 --> 00:19:32,320
47's more than 40 and the code says 40
one I'm a little stunned that your code

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00:19:27,600 --> 00:19:37,280
says this because this use
by its very nature nature requires a

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00:19:34,960 --> 00:19:41,600
wider means of ingress and egress
because you have tractor trailers

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00:19:38,799 --> 00:19:48,320
delivering fuel and other goods to this
site. A tractor trailer coming in and

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00:19:44,240 --> 00:19:55,200
out requires a certain amount of room.
40 ft is not generally in anywhere near

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00:19:51,440 --> 00:20:01,679
enough. Dynamic does work not only for
Wawa but a lot of other similar uses.

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00:19:58,559 --> 00:20:07,440
Can you agree with me that 40 feet is
generally not enough to accommodate the

218
00:20:04,480 --> 00:20:12,720
type of vehicular traffic, truck traffic
that's necessary to support this use? Do

219
00:20:09,679 --> 00:20:20,480
you agree with that?
There are other commercial uses that

220
00:20:15,440 --> 00:20:26,080
would not require the 47 ft, but it's
because of the unique and exceptional

221
00:20:23,120 --> 00:20:31,600
exceptional nature of a Wawa or again
like a Royal Farms that you have to have

222
00:20:28,880 --> 00:20:36,520
a wider entrance than what the Poke City
code otherwise allows. Agreed.

223
00:20:41,360 --> 00:20:47,520
for the board's benefit. Section
230-107,

224
00:20:45,840 --> 00:20:53,280
powers and duties of the board of
appeals. It says, among other things, no

225
00:20:51,120 --> 00:20:58,000
such variance in the provisions or
requirements of this chapter shall be

226
00:20:56,000 --> 00:21:03,919
authorized by the board unless the board
finds beyond a reasonable doubt that all

227
00:21:01,840 --> 00:21:07,760
such following facts and conditions
exist.

228
00:21:06,240 --> 00:21:13,120
I'm going to put something on the
record. I don't want to throw anybody

229
00:21:10,240 --> 00:21:18,240
off, but
where it says beyond a reasonable doubt,

230
00:21:15,760 --> 00:21:23,919
that's actually a standard in criminal
law. It's not a standard in civil

231
00:21:21,280 --> 00:21:28,080
matters. I think that's a typo. It
should probably be changed, but I'm

232
00:21:26,400 --> 00:21:32,320
going to address the criteria, but I
don't think the law requires me to do so

233
00:21:30,159 --> 00:21:37,200
beyond a reasonable doubt. I just want
to put that on the record. Um, one,

234
00:21:35,520 --> 00:21:42,240
there are exceptional and and
extraordinary circumstances or

235
00:21:39,039 --> 00:21:48,559
conditions applying to the property in
question or to the intended use of the

236
00:21:44,960 --> 00:21:53,360
property that do not apply generally to
other properties or classes of uses in

237
00:21:51,039 --> 00:21:59,200
the same zoning district. Even though I
know I've already kind of addressed

238
00:21:55,120 --> 00:22:04,159
this, it's only because it's a Waw Wa
that is fuel service and they also have

239
00:22:02,080 --> 00:22:09,679
retail inside
that it requires a wider entrance than

240
00:22:07,120 --> 00:22:15,039
what the code otherwise allows. That in
and of itself, meaning the use and this

241
00:22:12,559 --> 00:22:21,919
property is exceptional, it's unique,
it's different, which is what uh

242
00:22:18,159 --> 00:22:26,000
justifies the variance. Agreed?
that such variance is necessary for the

243
00:22:24,240 --> 00:22:30,559
preservation and enjoyment of
substantial property rights possessed by

244
00:22:28,159 --> 00:22:37,039
other properties in the same zoning
district and in the same vicinity. The

245
00:22:33,919 --> 00:22:43,679
commercial zoning provisions of the boke
poke city code like all other codes

246
00:22:40,640 --> 00:22:49,600
allow a variety of commercial uses some
more intense than others. It does it

247
00:22:48,159 --> 00:22:54,720
doesn't make any sense to have a
property zoned commercial if you can't

248
00:22:52,320 --> 00:22:59,679
accommodate a commercial use on those
properties. Agreed.

249
00:22:57,280 --> 00:23:04,320
This commercial use is a principal
permitted use to preserve the value of

250
00:23:02,400 --> 00:23:10,159
this property. You you have to
accommodate the traffic to be generated

251
00:23:06,320 --> 00:23:15,520
by this use. Agreed. Only by having a
wider means of ingress and egress,

252
00:23:12,799 --> 00:23:22,480
meaning this variance, can that use
truly be accommodated. Correct.

253
00:23:19,760 --> 00:23:27,360
» C. That the authorizing of such variance
will not be of substantial detriment to

254
00:23:25,520 --> 00:23:32,400
the adjacent property and will not
materially impair the purpose of this

255
00:23:29,919 --> 00:23:38,240
chapter or the public interest. I would
submit to the board. I will ask you to

256
00:23:35,039 --> 00:23:43,840
agree. If
if

257
00:23:40,159 --> 00:23:49,200
if developing a Wawwa on this property
was going to be detrimental to the

258
00:23:45,520 --> 00:23:55,440
adjacent property and was going to
materially impair the purpose of this

259
00:23:52,400 --> 00:23:59,039
this section of the code or the public
interest, the mayor and council would

260
00:23:57,200 --> 00:24:02,720
never have approved the annexation and
the reasoning. Agreed.

261
00:24:03,440 --> 00:24:09,280
Finally, I know you're tired of hearing
me talk.

262
00:24:07,440 --> 00:24:14,880
No grant of a variant shall be
authorized unless the board specifically

263
00:24:11,679 --> 00:24:20,640
finds that the condition or situation of
the specific piece of property or the

264
00:24:17,520 --> 00:24:27,840
intended use of said property for which
variance is sought. One or the other or

265
00:24:24,080 --> 00:24:34,159
in combination is not of so general or
recurrent a nature as to make reasonably

266
00:24:30,960 --> 00:24:38,080
practicable the formation of a general
regulation for such condition or

267
00:24:36,400 --> 00:24:43,120
situation
to be adopted by the mayor and council

268
00:24:40,240 --> 00:24:47,200
as an amendment to this chapter. That's
a lot of verbiage but basically what it

269
00:24:44,880 --> 00:24:53,679
means is this.
If

270
00:24:48,720 --> 00:24:59,520
the variance being sought is something
that would be

271
00:24:56,720 --> 00:25:03,600
so frequently requested,
it is so reasonably foreseeable that

272
00:25:01,679 --> 00:25:08,559
would happen
instead of a unique condition or

273
00:25:05,600 --> 00:25:13,679
circumstance just generally with the
development of property zoned

274
00:25:11,120 --> 00:25:20,159
commercial. and therefore the mayor and
council of Pokeote could pass a law

275
00:25:17,279 --> 00:25:25,360
generally addressing this issue. Then as
a general rule, the variance is not to

276
00:25:22,720 --> 00:25:30,480
be warranted. Here it's warranted
because of the unique condition or

277
00:25:27,360 --> 00:25:36,400
circumstance created by this particular
use on this particular property. And as

278
00:25:34,080 --> 00:25:42,000
as a result, you have the authority to
grant the variance. Otherwise, the mayor

279
00:25:39,360 --> 00:25:47,360
and council of Pocamote should pass a
law of more general applicability.

280
00:25:45,760 --> 00:25:52,240
Again, I've addressed it a bunch of
times. Unique condition, unique

281
00:25:49,360 --> 00:25:57,760
circumstance, unique property for this
use and as such, the variance is

282
00:25:54,240 --> 00:26:03,520
warranted. Would you agree with that?
>> Wow. There you go. I've addressed I

283
00:26:01,200 --> 00:26:07,919
respectfully submit all the criteria for
the conditional use and all the criteria

284
00:26:05,919 --> 00:26:13,159
for variance. However, we are here to
answer any questions you may have. Thank

285
00:26:10,159 --> 00:26:13,159
you.

286
00:26:15,919 --> 00:26:19,480
» How many gas

287
00:26:22,559 --> 00:26:25,960
» this layout?

288
00:26:31,679 --> 00:26:36,279
» Yeah, it looks like eight to me on that
side.

289
00:26:36,720 --> 00:26:43,880
The pumps can serve people on both
sides. Okay.

290
00:26:40,880 --> 00:26:43,880
» Okay.

291
00:26:45,840 --> 00:26:52,120
» I don't think I have any.
>> No, I don't think I have any questions.

292
00:26:57,520 --> 00:27:05,159
» Sure. Before we do that, let's just um
note for the record um has exhibit one

293
00:27:01,520 --> 00:27:05,159
been admitted

294
00:27:06,240 --> 00:27:13,919
you can say this is for the record.
>> I think we're good at this point.

295
00:27:13,279 --> 00:27:18,640
» Thank you.
>> Thank you.

296
00:27:16,640 --> 00:27:22,039
» Would anybody else from the audience
like to speak?

297
00:27:27,120 --> 00:27:33,080
» If she hadn't if she hasn't been she
does.

298
00:27:30,080 --> 00:27:33,080
» Okay.

299
00:27:33,360 --> 00:27:38,559
and raise your right hand. Do you swear
affirm under penalties of per perjury

300
00:27:37,039 --> 00:27:40,640
that the responses given and statements
made will be the whole truth and nothing

301
00:27:40,080 --> 00:27:42,480
but the truth?
>> I do.

302
00:27:41,120 --> 00:27:48,000
» You could state your name and address
for the record, please.

303
00:27:43,600 --> 00:27:52,559
» Paula Ward. Um I live at 3779 Ryderwood
Drive in Salsbury. My sister and I are

304
00:27:50,559 --> 00:27:58,880
here representing our mother who lives
at 2409 Stockton Road, directly across

305
00:27:56,159 --> 00:28:02,600
the street from the Wawa,
the road from the Wawa.

306
00:28:02,640 --> 00:28:09,919
Um
I think that there was a comment made

307
00:28:06,320 --> 00:28:15,200
earlier that the um
there was not going to be a significant

308
00:28:11,840 --> 00:28:21,200
that there there wasn't any property
so adjacent that it wasn't going to be

309
00:28:17,840 --> 00:28:27,760
cause a potential problem traffic-wise
but our mother's house is right across

310
00:28:23,600 --> 00:28:32,000
the road. Um, so I thought that that was
not quite a really good characterization

311
00:28:29,919 --> 00:28:37,600
of some of the property around there.
Um, we do have we don't oppose a

312
00:28:35,679 --> 00:28:42,240
walawala going in there. Let me just say
that we do have concerns about the

313
00:28:39,760 --> 00:28:47,279
impact of traffic right there at the
intersection of Stockton Road, which is

314
00:28:45,600 --> 00:28:51,520
when you come across Stockton Road
heading east. Our mother's house is the

315
00:28:50,159 --> 00:28:58,799
very first house there with the field
next to it. And um I was just wondering

316
00:28:55,520 --> 00:29:03,440
if any thought was given to
how difficult uh potentially it's going

317
00:29:01,600 --> 00:29:08,320
to be getting in and out of those
driveways there, not only hers, but the

318
00:29:05,279 --> 00:29:14,399
driveway of the house next to her. Um
>> so just trying to

319
00:29:12,240 --> 00:29:17,760
house right on Stocking Road or is it
the one that's in the field kind of like

320
00:29:16,559 --> 00:29:21,440
in the middle of the field?
>> No, that's the Burninghams that they own

321
00:29:20,240 --> 00:29:25,440
that property. you talking about the one
way way back there in the field on that

322
00:29:23,600 --> 00:29:31,039
on this parcel of property. It's
directly across it. So when you come

323
00:29:26,960 --> 00:29:36,559
across um
um like I said heading east as soon as

324
00:29:33,760 --> 00:29:40,080
you cross that that big field where the
that church sign is and then there's two

325
00:29:38,480 --> 00:29:44,080
houses. Our mother's house is the very
first house.

326
00:29:41,120 --> 00:29:51,360
» So her driveway is right virtually at
the top of the hill of this

327
00:29:46,720 --> 00:29:54,880
intersection. Um, so you know, we've
been talking about, you know, what it's

328
00:29:53,039 --> 00:30:00,960
going to be like trying to get not so
much into the driveway, but back out of

329
00:29:57,600 --> 00:30:04,559
the driveway, uh, with the, um, with the
traffic light there. And was any

330
00:30:02,799 --> 00:30:10,559
consideration, you know, given to that?
And, um,

331
00:30:08,080 --> 00:30:14,960
um, and I I do have another question,
too. It doesn't have anything at all to

332
00:30:12,000 --> 00:30:18,640
do with that, but I did um, we obtained
the materials um, prior to coming in.

333
00:30:17,200 --> 00:30:23,679
So, we've been able to look at the site
plan and everything and um the mailbox

334
00:30:21,840 --> 00:30:27,520
that services our mother's house and the
house right next door is currently on

335
00:30:25,520 --> 00:30:30,799
the other side of Stockton Road. So,
when we we have to cross the road to get

336
00:30:29,120 --> 00:30:34,240
to get the mail out of the mailboxes. I
do see there's a notation on the plans

337
00:30:32,399 --> 00:30:42,320
that said that those mailboxes are going
to be moved. Um and um my question is

338
00:30:38,399 --> 00:30:45,679
where and when. Um because I hope that
the answer is not that they're going to

339
00:30:43,440 --> 00:30:48,480
be moved on the other side of the
additional two lanes that are going in.

340
00:30:47,120 --> 00:30:53,360
That would make it impossible to be able
to access the mailboxes. So um those

341
00:30:51,600 --> 00:31:00,240
were basically our two questions
concerns. Um the um the placement of the

342
00:30:58,000 --> 00:31:04,240
fuel tanks. I know that I read it said
it has to be 200 feet away from the

343
00:31:01,760 --> 00:31:07,440
nearest residential property. Um, I
guess my only question would be is this

344
00:31:05,600 --> 00:31:11,919
if those things blow, is that really
going to that 200 feet really going to

345
00:31:09,360 --> 00:31:14,720
be a protection for the for the adjacent
properties or some, you know, pretty

346
00:31:13,360 --> 00:31:19,240
close to it across the street? If
somebody, you know, could answer that.

347
00:31:22,000 --> 00:31:26,880
» Come forward. I'll try to address
questions.

348
00:31:25,600 --> 00:31:36,000
» Okay. And your name again?
>> Paula Ward. W A R D.

349
00:31:30,960 --> 00:31:39,799
» Nice to meet you. Show me on here where
>> it says gravel driveway

350
00:31:40,480 --> 00:31:47,320
is
this property um right about

351
00:31:59,679 --> 00:32:02,399
» um

352
00:32:07,600 --> 00:32:15,960
So I want to address first
uh m Mr. Corey come forward a minute

353
00:32:18,399 --> 00:32:27,840
as dynamic was working on this project
uh traffic study was performed as a

354
00:32:25,440 --> 00:32:32,080
condition of the annexation agreement.
Correct.

355
00:32:28,720 --> 00:32:37,919
» Correct. And it was required for by
state highway for the signal warrant.

356
00:32:35,519 --> 00:32:40,000
» For the signal warrant at Stockton and
13.

357
00:32:38,559 --> 00:32:45,440
» Correct.
>> And it addressed not only the impact on

358
00:32:43,120 --> 00:32:49,120
13, but the impact of this use on
Stockton Road. Correct.

359
00:32:46,640 --> 00:32:55,760
» Correct. and
it supported this use on this property

360
00:32:52,399 --> 00:33:00,480
and warranted a full traffic signal at
the intersection of 13 and Stockton.

361
00:32:58,960 --> 00:33:06,640
Correct.
Um

362
00:33:02,640 --> 00:33:10,159
I missed a little bit the question about
mailbox.

363
00:33:08,159 --> 00:33:14,080
Can you explain to me your concern about
the mailbox?

364
00:33:10,880 --> 00:33:21,279
» Yeah, I can show you. Um it's not really
on one of the prior

365
00:33:16,799 --> 00:33:29,279
plans it shows that let's see so right
now so this is just the existing east

366
00:33:24,159 --> 00:33:34,799
west right here and the mail boxes that
service these two houses are right about

367
00:33:33,279 --> 00:33:40,880
there
just off of just off of the road on the

368
00:33:38,799 --> 00:33:45,279
south side.
So currently when we go to get the mail,

369
00:33:42,880 --> 00:33:50,320
you know, we come across here and we get
the mail and as you probably know is

370
00:33:48,080 --> 00:33:55,600
pretty heavily traveled. So it's
somewhat you have to be real careful. Um

371
00:33:53,600 --> 00:33:59,279
my concern was I understand that
obviously the glasses have to move. I'm

372
00:33:58,080 --> 00:34:04,080
hoping that they're going to be moved
over here on this side because it would

373
00:34:01,760 --> 00:34:06,960
be absolutely impossible and ludicrous
to put them over here. So we were

374
00:34:05,600 --> 00:34:10,879
looking for some
>> you have to know what about the moving

375
00:34:09,760 --> 00:34:16,960
of the
I do not off the top of my head, but we

376
00:34:12,960 --> 00:34:19,599
can help coordinate with USPS to
>> because it's a valid point.

377
00:34:18,800 --> 00:34:25,040
» Yeah.
>> And I I think they would.

378
00:34:21,359 --> 00:34:29,639
» Do you know if further down Stockton if
all the mailboxes are on one side or the

379
00:34:26,639 --> 00:34:29,639
other?

380
00:34:29,679 --> 00:34:32,919
» I haven't

381
00:34:40,159 --> 00:34:45,879
There is
road immediately

382
00:34:48,560 --> 00:34:56,599
that um they're all road that goes down

383
00:34:57,520 --> 00:35:08,800
and beyond that
section like the highway

384
00:35:05,680 --> 00:35:11,200
the lanes are riding houses those boxes
are also

385
00:35:12,160 --> 00:35:20,240
I'm gonna do something for a minute. Can
you come forward and put your name in

386
00:35:17,440 --> 00:35:25,200
the record and be sworn in since you you
just

387
00:35:22,640 --> 00:35:29,680
» I think you probably should.
>> Thank you.

388
00:35:26,960 --> 00:35:32,000
» Just come on up and get your name.
>> May if you could raise your right hand,

389
00:35:31,440 --> 00:35:34,400
please.
>> Yes.

390
00:35:32,320 --> 00:35:38,800
» Thanks. Do you swear or affirm under
penalties of perjury that the responses

391
00:35:36,560 --> 00:35:40,880
given and statements made will be the
the truth and nothing but the truth.

392
00:35:40,320 --> 00:35:43,760
» I do.
>> Thank you. If you could state your name

393
00:35:42,800 --> 00:35:51,200
for the record.
>> My name is June Sergeant. Um I'm a

394
00:35:47,520 --> 00:35:56,800
daughter of three of m our mother Mrs.
Ward. I live in Salsbury, Maryland at

395
00:35:55,200 --> 00:36:02,160
1514
Windham Court

396
00:35:59,359 --> 00:36:05,599
2804.
>> Thank you.

397
00:36:02,960 --> 00:36:11,119
» We just kind of need to do that.
>> Um thank you for your comments. I try

398
00:36:08,320 --> 00:36:17,359
address we can uh the comment about what
happens if the fuel tank blows up.

399
00:36:15,520 --> 00:36:21,920
One, we're hoping that doesn't happen,
>> but obviously

400
00:36:19,280 --> 00:36:26,000
uh a
gas station is allowed as a principal

401
00:36:23,920 --> 00:36:31,599
peritted use on this property would
would necess necessitate underground

402
00:36:28,480 --> 00:36:37,920
fuel tanks. That risk always applies,
but u all precautions will be taken and

403
00:36:35,839 --> 00:36:43,680
again the tanks
installed how to use all the federal,

404
00:36:40,880 --> 00:36:48,119
state, and local.
So I'm hopeful that

405
00:36:48,640 --> 00:36:58,640
» actually the more concerning really is
just the uh the impact on the traffic

406
00:36:55,280 --> 00:37:05,320
right here because right now when um
there's no turn

407
00:37:02,320 --> 00:37:05,320
back

408
00:37:07,839 --> 00:37:18,880
and if I if we're reading this correctly
it looks like the lanes that are coming

409
00:37:13,520 --> 00:37:25,800
to this point are going to be um
obviously here but they collapse

410
00:37:20,880 --> 00:37:25,800
basically down pretty quickly two lum

411
00:37:27,040 --> 00:37:33,520
both of these lanes which are now
westbound eastbound are going to be

412
00:37:30,400 --> 00:37:38,079
strictly westbound starting here am I
reading that correctly all the way up

413
00:37:34,960 --> 00:37:46,800
» I believe that's correct is that correct
>> um the the traffic light um We're trying

414
00:37:42,480 --> 00:37:50,720
to envision the scenario where um on a
regular basis that this is fairly

415
00:37:48,640 --> 00:37:56,160
heavily used as it actually is now
currently when people u come westbound

416
00:37:54,480 --> 00:38:02,400
with just the flashing light they come
up here and hopefully they stop um and

417
00:37:59,359 --> 00:38:06,240
then they can move on the traffic. So
what we're just concerned about is that

418
00:38:04,079 --> 00:38:12,000
with a traffic light here there's going
to be the potential for quite a backup

419
00:38:09,359 --> 00:38:19,680
here and make it very difficult to
out of this lane and how can that be

420
00:38:16,960 --> 00:38:24,160
addressed or reaches out
>> because the proximity to the to the

421
00:38:22,480 --> 00:38:28,960
intersection itself is so close. It's
right there

422
00:38:26,560 --> 00:38:34,880
under no theory and why I'm being
dismissive of your concerns at all.

423
00:38:32,000 --> 00:38:40,160
» Uh but the only matters before this
board this evening

424
00:38:37,359 --> 00:38:44,720
are the fuel tanks and how wide that
entrance is. I think those are the only

425
00:38:42,480 --> 00:38:50,160
two issues for the board to address this
evening. But I do

426
00:38:47,520 --> 00:38:55,680
appreciate the concerns you've expressed
and obviously dynamic will take that

427
00:38:52,240 --> 00:38:59,280
back and make sure that you get dynamics
contact information so they can

428
00:38:57,760 --> 00:39:04,000
communicate directly with you.
>> That was pretty much our question is who

429
00:39:01,359 --> 00:39:08,040
who do we talk to about
>> he gets all the credit all

430
00:39:08,320 --> 00:39:15,720
» Thank you very much.
>> I'll Yep. Thank you.

431
00:39:12,480 --> 00:39:15,720
» Thank you.

432
00:39:19,119 --> 00:39:23,000
» Has everybody spoken?

433
00:39:23,839 --> 00:39:32,960
» So before we move on to closing the
evidentiary portion, um I believe there

434
00:39:31,119 --> 00:39:41,000
was a staff report that was prepared and
I just want to make sure that um that

435
00:39:36,079 --> 00:39:41,000
can be entered in as an exhibit.

436
00:39:46,400 --> 00:39:50,599
believed to

437
00:39:50,720 --> 00:39:59,079
I I am comfortable
allowing the staff report to be entered

438
00:39:55,200 --> 00:39:59,079
as exhibit two.

439
00:40:08,640 --> 00:40:16,240
Since I haven't seen the staff report, I
have to ask is there anything in the

440
00:40:14,000 --> 00:40:22,880
staff report that is detrimental to the
case that I just presented?

441
00:40:19,680 --> 00:40:26,240
» The subsequent processes if if approved
is to obtain site plan approval from the

442
00:40:25,040 --> 00:40:30,880
planning commission which has already
been occurred. It was provided a

443
00:40:28,079 --> 00:40:34,720
favorable recommendation on August 27th.
You still need to have site plan

444
00:40:32,640 --> 00:40:36,960
approval in front of city council and
you will obtain a building permit.

445
00:40:36,480 --> 00:40:41,560
» Thank you.
>> There are no concerns.

446
00:40:38,000 --> 00:40:41,560
» Okay. Thank you.

447
00:40:42,560 --> 00:40:48,200
» This concludes the public portion of our

448
00:40:56,560 --> 00:41:01,200
I don't have any questions.
>> Madam Chair, just want to make sure that

449
00:40:59,440 --> 00:41:04,960
we have two actions that need to be
taken. So I need one motion separately

450
00:41:02,960 --> 00:41:10,520
for the special exception and one
separate motion for the variance.

451
00:41:07,280 --> 00:41:10,520
» Thank you.

452
00:41:17,599 --> 00:41:25,040
I was thinking we might go over some of
these one by one, but uh he laid out I

453
00:41:23,280 --> 00:41:29,028
thought all of the everything that need
to be said about uh exception or

454
00:41:27,680 --> 00:41:34,400
extraordinary circumstance. It
[clears throat] needs that um wide of a

455
00:41:31,599 --> 00:41:40,400
entrance for tractor trailers to get in
to fuel it. Um it would seem to be

456
00:41:38,560 --> 00:41:46,000
certainly necessary for them to have
this variance in order to use the uh

457
00:41:42,800 --> 00:41:52,960
land as a um fueling station.
Um and I don't see any way that it would

458
00:41:49,359 --> 00:41:58,520
uh detriment anybody adjacent. It
wouldn't impair their enjoyment of their

459
00:41:55,520 --> 00:41:58,520
property.

460
00:42:02,800 --> 00:42:10,440
I guess in that case I'd make a motion
to accept the uh variance for the uh

461
00:42:07,440 --> 00:42:10,440
width.

462
00:42:10,640 --> 00:42:15,400
So approve.
>> All right.

463
00:42:36,400 --> 00:42:39,400
» Okay.

464
00:42:45,520 --> 00:42:48,760
gas station.

465
00:43:00,240 --> 00:43:07,680
» I think that he did a good job with
every every laying out everything that

466
00:43:04,480 --> 00:43:14,800
we need here to grant the exception. I'd
make a motion to um accept the exception

467
00:43:12,400 --> 00:43:18,920
» for the fuel tanks.
>> So accepted.

468
00:43:15,839 --> 00:43:18,920
» All right.

469
00:43:30,079 --> 00:43:37,880
» Can I have a motion to adjourn?
>> Oh, I'll make a motion to adjurnn then.

470
00:43:34,880 --> 00:43:37,880
» Second.

471
00:43:39,680 --> 00:43:41,839
Thank