MINUTES OF THE BOARD OF

COUNTY COMMISSIONERS

REZONING HEARING

September 4, 2003

          The Board of County Commissioners of Cecil County met in regular session at the County Administrative Building 107 North Street, Elkton, MD on Thursday, September 4, 2003.  The following members were present:

            Nelson K. Bolender, President

            Phyllis Kilby, Vice President

            Harry A. Hepbron, Commissioner

            William C. Manlove, Commissioner

            Mark H. Guns, Commissioner

            Constituting a full Board.

            The meeting was called to order by President Bolender at 11:30 a.m. and opened with the Pledge of Allegiance.

            Debbie Graham, Office of Planning, Zoning, Parks & Recreation, 129 East Main Street, Elkton, Maryland 21921, recorded this public hearing.

            APPLICANT:  Nathan Workman; 48 Craigtown Road, File No. 2003-06; 7^th Election District; Tax Map 29, parcel 286; Presently Zoned:  Suburban Residential (SR); Requested: Rezone 2.92 Acres from Suburban Residential (SR) to Light-Industrial (M-1) for the Proposed Use of Residence and Business or any other use Permitted in a Light-Industrial (M-1) Zone; Property Owner:  Nathan and Susan Workman.

            Vice President Kilby recused herself from this proceeding, based upon a past work history with Mr. Workman, and the fact this matter could impact her business directly.

            Administrator Wein swore in all witnesses presenting testimony.

            David H. Parrack, Attorney for the Applicant presented testimony as follows:  Mr. Workman and his wife have resided at 48 Craigtown Road for approximately three (3) years.  In addition to owning parcel 286 they also own parcel 695, which is situate in the Town of Perryville and is zoned C-2 under the Town of Perryville Zoning Ordinance.  Mr. Workman currently parks his trucks on this property. 

            Mr. Workman is in the business of hauling raw milk from Cecil County Farms to Pennsylvania.  Previous to moving to the 48 Craigtown Road, the Workman’s resided in the Town of Port Deposit and parked their trucks there.  Eventually as his business expanded, Mr. Workman found it necessary to expand and sought out a realtor to purchase property for his residence and trucking operation. Subsequent to the purchase of this property Mr. Workman learned that this property is not properly zoned to allow him to park his trucks at the property.  Mr. Workman explained the mode of his operation.  At the present time the trucks are being parked on parcel 695, Mr. Workman would like to be able to park the vehicles on parcel 335 and use it as a truck terminal.

            Mr. Parrack presented twelve (12) photographs of the property and explained the location of each photograph. In photographs 8 -12 excavation and construction of a storage building are depicted.  The storage building is currently being constructed for the purpose and use of Mr. Workman’s business, a Cecil County Building Permit has been issued for this structure.

            During the Planning Commission Hearing, several complaints were voiced over the rezoning of this property. Mr. Workman advised that all issues that citizens were concerned about have been corrected.

            A petition was presented to the Board as Exhibit 13, a petition of neighbors in support of the rezoning.

            Commissioner Guns asked the Applicant whether the possibility of annexation into the Town of Perryville had been pursued. 

            President Bolender requested information on current permits with regard to this property. In addition he asked for clarification as to a salvage yard located nearby.

            Commissioner Manlove asked the Applicant how long he had been maintaining the truck terminal at his residence, and voiced concern over the size of the road.

            Commissioner Hepbron asked for clarification as to the Perryville property being used as a truck terminal. 

            Mr. Parrack explained that the Perryville Zoning Regulations differ from the County and this would not be possible.

            Mr. Parrack presented to the Board, Exhibit 14, Tax Map.

            County Administrator Wein swore in John Downs, Esquire, appearing on behalf of Phyllis Davis and John Carlton.

            Mr. Downs presented the multi-list for the property when the Workman’s purchased it, clearly the multi-list states this property is zoned residential. 

            Mr. Downs presented (4) photographs of Craigtown Road, depicting no shoulder and a truck parked in the road, he suggested that traffic must move over to pass the truck.  Photos also depicted the entrance to Workman’s property and the severe erosion occurring there.

            The Board was advised of the complaints at the Planning Commission Hearing, most notably, a student appeared and testified regarding the problems her school bus had encountered trying to negotiate around the trucks. She also expressed concern regarding students entering and exiting buses while trucks were on the road.

            Mr. Downs further presented additional pictures of the Workman’s property and the activities.  He represented that the residents opposing this rezoning are concerned about the number of trucks operating, the noise and foremost the safety issues involved.

            Eric Sennstrom, Director, Planning, Zoning, Parks & Recreation advised the Board, the Planning Staff has recommended disapproval of this rezoning based on no demonstrated change.

            Cliff Housing, Zoning Administrator read the Findings of Fact, a copy of this document is attached hereto and incorporated into these minutes.

            Mr. Houston also advised the Board he was in possession of three (3) letters of opposition and a petition with twenty-four (24) signatures in opposition to this rezoning.

            Motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously carried to disapprove the rezoning request of Nathan Workman, File No. 2003-06.

            APPLICANT:  Harry and LeAnn Lenderman, 807 Elk Mills Road, File No. 2003-10, Election District 4, Tax map: 21, Parcel: 834:  Presently Zoned:  Suburban Residential (SR) Request:  Rezone 5.58 acres from Suburban Residential, (SR) to Business General, (BG) for the purpose of a Bed and Breakfast, (Commercial) or any other use permitted in a Business General, (BG) Zone.  Property Owner:  Harry and LeAnn Lenderman.

            Mr. Wein swore in all witnesses presenting testimony.

            David H. Parrack, Attorney for the Applicants presented testimony as to the location and operation of the Elk Forge Inn and Retreat.  He further advised that the adjoining property owners had been advised of the date change of this hearing. 

            The Lenderman’s are requesting this zoning change in order to adapt their business to be more competitive with local hotels in the area.  The Lenderman’s were granted a special exception by the Board of Appeals to offer spa services and they are licensed by the State of Maryland.  Due to the current set-up of the Inn, the spa business has limitations.  They are proposing to remodel their facility to allow for expanded spa services, to include, locker rooms, hydra-therapy and other spa related activities.  In addition, they will remodel their carriage house to accommodate extended guest stays.   

            Mr. Parrack advised the Board of the historical facts of commercial use in the area, including the 1996 rezoning to Business General of the Appleton and Fletchwood Roads Corner; Gore; Bassell, Inc.; Elk Mills Quarry; a manufacturing business in Elk Mills, and the Rail Car Facility.

            The Lenderman’s advised, due to their close proximity to Gore and Bassell, Inc., there is an increasing demand for these types of services in the area.  Mrs. Lenderman further explained that the trend in Bed & Breakfast accommodations is changing rapidly and to meet these changing needs and stay competitive the renovations are required.

            President Bolender asked for clarification as to the location of the spa facility. Mrs. Lenderman explained it would be located in the barn area.

            Eric Sennstrom, Planning, Zoning, Parks & Recreation advised the Board that the Lenderman’s were granted two special exceptions for spa services and a gift shop for inn customers.

            Mr. Sennstrom advised the Planning Staff has recommended disapproval, based on no demonstrated change.

            Cliff Houston, Zoning Administrator read the Findings of Fact .A  copy of this document is attached hereto and incorporated into these minutes.

            The Planning Commission recommended disapproval. 

            Motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously carried to approve, based on demonstrated change.