The Board of County Commissioners of Cecil County met in regular session in their office at 107 North Street, Elkton, Maryland, on Tuesday, January 29, 2002. The following members of the Board were present:
Nelson K. Bolender, President
Harry A. Hepbron, Commissioner
Phyllis Kilby, Commissioner
constituting a full Board.
The meeting was called to order by President Bolender at 7:00 p.m. and opened with the Pledge of Allegiance.
- MINUTES – JAN. 22, 2002 –
The minutes of January 22, 2002, were approved as written.
- DAVISSON REZONING –
A public hearing was held on the application for rezoning of Alfred Davisson. PROPERTY LOCATION: 692 Augustine Herman Highway, Elkton, Maryland 21921, Election District: 3, Tax Map: 33, Parcel: 168 & 639 PRESENTLY ZONED: Rural Residential (RR). REQUEST: Rezone 1.148 acre from Rural Residential (RR) to Business General (BG) for the proposed use of Commercial-Boat Storage. PROPERTY OWNER: Alfred Davisson.
The application was read by the County Administrator, and all witnesses were sworn.
A verbatim transcript of this public hearing was taken by Carol Beresch, 129 E. Main Street, Elkton, Maryland 21921.
Mr. Keith Baynes, Esquire representing Alfred Davisson, and Brian Buckland, contract purchaser, appeared on behalf of the application.
Mr. Baynes testified that Brian and Melissa Buckland have a contract to purchase the two lots in question to allow the expansion of the existing business, additional boat storage, and to relocate the existing commercial parking.
Mr. Baynes presented a pamphlet to the Board which gives an overview of their business, Chessie Marina. The business has steadily grown throughout the years, and there is a need for additional employees and storage. Mr. Baynes stated there is limited parking in front of the business because new boats are parked there. With the new community boat ramp at Elk Landing, there will be increased boat access in the area. Mr. Baynes advised that the plan is to move the boat storage to the back. The long-term plan would be to have all the customer parking in the rear, new storage to the left, and service storage to the rear of the property.
Mr. Baynes stated many boats are parked on the State Highway property. He advised that the picture in the pamphlet of the telephone pole is where the State Highway property ends. There is 35’-40’ between the building and property line, which makes it a nonconforming situation since required setback is 50’.
Mr. Baynes advised that the neighborhood is an area within ¾ mile of the subject property. There have been a number of commercial and high-density rezonings as part of Elkton’s comprehensive rezoning in 1994. With regard to changes in the area, Mr. Baynes referred to Happy Harry’s, Southern States, the assisted living facility, and dredging of the Elk River to the west. He testified the area from Whitehall Road south has changed since the 1993 comprehensive rezoning with commercial and high-residential development and will continue to change in the future.
Mr. Baynes stated there are no public facilities available. The property has well and septic. There are two residential structures on the property, but there is no need for additional capacity.
With regard to present and future transportation and traffic patterns, Mr. Baynes stated Route 213 is a major State highway and is adequate to handle the traffic.
He testified the property is compatible with existing and proposed development in the area and with the intent of the Comprehensive Plan. Route 213 has an increase in commercial and high-density development. Mr. Baynes stated there is no Special District.
In regard to mistake, Mr. Baynes stated the front of the building is a nonconforming situation because it does not have the 50’ required setback. He feels a mistake was made when that was not taken into consideration.
Mr. Baynes referred to a letter received in the Office of Planning and Zoning from Mr. Alan Muller, who is opposed to the rezoning. He advised that his clients will work with Mr. Muller to address any of his concerns. If the rezoning is granted, a security fence or barrier will be erected. Also, there will be no trespassing onto Mr. Muller’s property from Chessie Marine or the other two parcels.
Mr. Baynes advised that there has been a change in the area. There has also been a mistake due to the nonconforming situation with the parking.
Mr. Buckland testified he had to pick up a third boat line (inboard ski boats) to maintain the business, and he needs to reconstruct to operate safely.
Commissioner Kilby asked about the zoning in the area immediately north of this property, and Mr. Baynes stated it is a mixture of commercial and high-density residential. She also asked if the property is part of the scenic byway, and Mr. Baynes advised that it is not.
Mr. Eric Sennstrom, Director of Planning and Zoning, advised that both staff and the Planning Commission recommend disapproval of the rezoning because there was no change or mistake in the last comprehensive rezoning. He testified that the neighborhood is an area within a ½ mile radius of the subject parcels. The area is bordered by Frenchtown Road to the North, Lewis Shore Road to the South, agricultural land to the East, and agricultural land to the West. In regard to change in the area, there was a rezoning of .75 acres from RCA to LDA through growth allocation to obtain one additional lot to complete a five-lot minor subdivision.
Mr. Sennstrom presented the following findings of fact:
Population changes – The census tract has increased by 52.1%, and the County has increased by 20.5%.
Availability of public facilities – Public sewer and water are not available to these parcels.
Present and future transportation and traffic patterns, character, and volume – All access would be off Route 213 and should be adequate. Any future entrance would have to be approved by the Maryland State Highway Department as part of the approval of a site plan for the proposed business.
Compatibility with existing and proposed development in the area – Should be compatible with existing and/or proposed development.
Compatibility with the intent of the Comprehensive Plan – This project is located with the Rural Conservation District (RCD) of the Comprehensive Plan. The primary purpose of the Rural Conservation District is to maintain the existing rural character of the County by encouraging the continuation of agricultural and forestry uses by requiring that the essential elements of rural character are maintained in development.
Compatibility with the purposes of any Special District in which the area requested to be rezoned is located – These parcels are not located within any Special District.
Mr. Sennstrom presented a letter from Alan Muller, who is opposed to the rezoning.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the rezoning based on change in the area.
A copy of the findings of fact is incorporated as a part of these minutes.
- PUBLIC HEARING – NOMINATION FOR HISTORIC DESIGNATION –
A public hearing was held on the following applications:
NOMINATION FOR HISTORIC DESIGNATION
APPLICANT: Roland and Donna Willard, PROPERTY: Lowe House. ADDRESS: 35 New Bridge Road, Rising Sun, Maryland. TAX MAP: 2, PARCEL: 148, ELECTION DISTRICT: 8 PROPERTY OWNER: Roland and Donna Willard.
APPLICANT: Robert K. Dahl and Robert J. Atkinson PROPERTY: Edward W. Haviland House. ADDRESS: 2464 Frenchtown Road, Port Deposit, Maryland. TAX MAP: 29 PARCEL: 272, ELECTION DISTRICT: 7, PROPERTY OWNER: Robert J. Atkinson and Robert K. Dahl.
APPLICANT: Springer duPont Limited Partnership PROPERTY: Octoraro Mansion ADDRESS: 440 Rowlandsville Road, Conowingo, Maryland TAX MAP: 16 PARCEL: 165 ELECTION DISTRICT: 8 PROPERTY OWNER: Springer duPont Limited Partnership.
Mr. Eric Sennstrom, Director of Planning and Zoning, presented the following applications:
LOWE HOUSE: Mr. Sennstrom advised that Lowe House was erected in 1830. The house has received both State of Maryland and national designation in 2001. The exterior is intact consisting of two story common bond brick with three bays across and 2 bays deep. The basement is uncoursed stone. The roof has a medium pitch and is comprised of composition tiles. A three-course brick cornice extends across each façade, and the window sash is 6/6. The main entrance has a three-light transom and raised six-panel door. The front porch is supported by Victorian turned posts. The roof ends are decorated with saw tooth edge boards. The elements of historical significance include that the Lowe family moved into the area in 1795. The dwelling has been home to four postmasters with the first residing here from 1830 to 1838. The dwelling was used as a post office from 1830 to 1838 and from 1880 to 1908. The area is approximately two acres. They wish to include two acres around the subject dwelling, which includes a machine shed.
Mr. Sennstrom advised that the Planning Commission and Historic District Commission both recommend approval of the application.
Commissioner Hepbron stated he has a problem with the old barn falling down. He advised that there is a two-year old garage in back and an older trailer on the property.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the application.
HAVILAND HOUSE: Mr. Sennstrom advised that the dwelling was erected in 1913. It has historic designation status from the State of Maryland and the federal government, achieving both in 2001. Examples of architectural significance include that the dwelling is a fine example of the Dutch Colonial Revival style. It has a gabled roof, shed dormer, front pillared veranda, wide porch across the front with four massive columns, skirt roof canopy with overhang and a massive chimney. There have been no structural changes to the original plan of 1913, which was designed by the architect Charles J. McDowell. The building’s historic significance include that it was the residence of Edward Haviland, Tome School teacher and mathematics textbook author from 1913 to 1942. Architect Charles McDowell, also a Tome School graduate and Superintendent of Buildings and Grounds at the school from 1913-1915. He was also the Superintendent of Construction on the Episcopal National Cathedral in Washington. The garage was built in 1926 and designed by the same architect.
Both the Planning Commission and Historic District Commission recommend approval of the application.
Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the application.
OCTORARO MANSION: Mr. Sennstrom advised that the dwelling has been erected in phases over a period ranging from 1775 to 1840. The dwelling received national register listing in 1980. The architectural significance of the site is exemplified by the stucco and fieldstone exterior walls, four-panel exterior shutters, 6/6 windows, two arched dormers, Flemish bond and Doric columns at the primary entrance. It is a fine example of a 19th century structure. The brick work is a mix of Federal and Early Empire styles. The historic significance of the site include the fact that the property was acquired by the Hall family in 1678. The original dwelling on site was constructed around 1750. A mill was established on the property in 1692, and the Susquehanna Canal ran through the property. Dr. Henry Physick bought the property in 1833 and constructed the front section in 1834. Dr. Physick is credited with being the father of American surgery. Mr. Sennstrom stated the entire property is being requested for designation (about 103 acres).
Ms. Carolyn Tweed Fender spoke in favor of the application.
Both the Planning Commission and Historic District Commission recommend approval of the application.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the application.
- COMMISSIONERS’ COMMENTS –
President Bolender reported that he attended church services at Cherry Hill Middle School on Sunday, which was conducted by the Boy Scouts.
President Bolender advised that he and Commissioner Kilby will begin going to Annapolis on Wednesdays. Commissioner Kilby is on the MACO Tax Committee, and President Bolender is on the MACO Education Committee. The Secretary of Budget presented a report, and President Bolender stated he does not think State government will be giving much help to the counties.
Commissioner Kilby stated she attended the legislative luncheon yesterday with Congressman Gilchrest, and he spoke about the education bill.
She advised that on March 4 there will be an open house concerning the feasibility study for the Lower Susquehanna Heritage Greenway for a pedestrian bicycle crossing at the visitor center in Conowingo.
Commissioner Kilby reported that on March 14 the Horticulture Agent in the Extension Office will have a seminar on plantings for homeowners to improve property value and to help the watershed.
Commissioner Kilby advised of some nursing scholarships that are available at Union Hospital.
Commissioner Hepbron reported that he also attended the church service at Cherry Hill Middle School that was conducted by the Boy Scouts.
He advised that he has been working on the Lakeside Park cleanup project, and discussion has been held on a Hotspots grant.
Commissioner Hepbron advised that he had breakfast with the farming community on January 25.
- PRESENTATIONS – CERTIFICATES TO FIRST CLASS BOY SCOUTS –
The Board presented Certificates of Achievement to 24 Boy Scouts who have earned the rank of First Class.
- PUBLIC COMMENT –
Mr. Alan Muller stated he had an interest in the Davisson rezoning but was late. He asked about the procedure for appealing the decision.
- PERSONNEL ITEMS –
Ms. Donna Nichols, Director of Human Resources, presented the personnel items. Upon recommendation by Ms. Nichols, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to accept the resignation of Katherine A. Anders, Bus Driver, Department of Aging, effective February 8, 2002.
Upon recommendation by Ms. Nichols, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint Rodney Hamm, Operator Trainee, Water and Wastewater, $24,363 (Grade 5).
Upon recommendation by Ms. Nichols, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve an increase for Christopher J. Vanover from $48,366.68 to $51,026.84 for obtaining certification as Checkpoint Certified Security Engineer, effective January 28, 2002; also, to reclassify Monty D. Johnson, II from Equipment Operator Trainee (Grade 3) to Equipment Operator I (Grade 4), no change in salary.
Upon recommendation by Ms. Nichols, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the adoption of a new payscale and allocation of position to paygrades, effective January 26, 2002.
- GROWTH ALLOCATION REQUEST – CHES. CITY –
Mr. Eric Sennstrom, Director of Planning and Zoning, presented a growth allocation request from the Town of Chesapeake City to reclassify 3.74 acres of Limited Development Area (LDA) to Intensely Developed Area (IDA) within the Town.
Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to grant Chesapeake City the use of 3.74 acres of growth allocation to change the Chesapeake Bay Critical Area designation from LDA to IDA.
- QUIT CLAIM DEED – WOOLENS RD. –
Mr. Dwight Thomey, County Attorney, presented a Quit Claim Deed between C. Douglas and Kathryn Sprout, Edward Burton, and this Board deeding a section of Woolens Road to the County.
Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the Quit Claim Deed.
- RESOLUTION – CHERRY HILL WASTEWATER PLANT –
Mr. Matt Carter, Director of Public Works, presented a Resolution pertaining to a MDE Water Quality Administration Loan for the reconstruction of the Cherry Hill Wastewater Treatment Plant.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Resolution. A copy is incorporated as a part of these minutes.
- BUDGET AMENDMENT NOS. 97-103 –
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendment Nos. 97-103. Copies of the Budget Amendments are incorporated as a part of these minutes.
Motion
was made by Commissioner Hepbron, seconded by Commissioner Kilby, and
unanimously carried to adjourn.