[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