MINUTES OF THE BOARD OF

COUNTY COMMISSIONERS

REZONING HEARING

September 14, 2004

          The Board of County Commissioners of Cecil County met in regular session at the County Administrative Building 107 North Street, Elkton, MD on Tuesday, September 14, 2004.  The following members were present:

            Nelson K. Bolender, President

            Phyllis Kilby, Vice President

            Harry A. Hepbron, Commissioner

            William C. Manlove, Commissioner

            Mark H. Gun, Commissioner

            Constituting a full Board.

            The meeting was called to order by President Bolender at 5:00 p.m. and opened with the Pledge of Allegiance.

            Carol Beresh, Circuit Court Reporter, 129 East Main Street, Elkton, Maryland 21921, recorded a verbatim transcript of this public hearing.

            File No. 2004-14:  Applicant:  Jeffrey H. McGinnis.  Property Location:  1440 West Pulaski Highway, Elkton, MD.  Election District: 5. Tax Map 26, Parcel: 494. Presently Zoned: Development Residential, (DR). Request: To rezone 5.45 Acres from Development Residential (DR) to Business General for the Purpose of Special Events; Property Owner:  Annabelle McGinnis.

            County Administrator Wein swore in all witnesses presenting testimony at this hearing.

            Jeffrey H. McGinnis appeared before the Board and requested to rezone a one acre portion of his property located at 1440 West Pulaski Highway, Elkton, MD for the purpose of a special event, more specifically a Haunted Trail for the Halloween Season.  Mr. McGinnis indicated that the trail would be open for approximately 20 days.

Commissioner Guns inquired as to the hours of operation.

Mr. McGinnis responded, the trail would be in operation from dusk until 10:00 p.m. Thursday and Sunday and dusk until midnight on Friday and Saturday.

            Mr. McGinnis informed the Board that the original request for rezoning indicated that he was requesting rezoning of the entire 5.46 acres, however, at this time he is only requesting the rezoning of one-acre.   He further stated that his request is based upon change in the area.

Commissioners’ Guns and Hepbron questioned the noise level of the operation.

COMMENTS IN SUPPORT:

William Bollatto, spoke in favor of the rezoning.

DISCUSSION:

The designation of area for the trail on the property was discussed between the Applicant and the Board.

COMMENTS IN OPPOSITION:

David H. Parrack appeared before the Board representing Carl F. Bastek, owner of adjacent property on the westerly side.  Mr. Bastek’s property is zoned Business General (BG) and is utilized as an office for his construction business, a day-care center, and primary residence of the Bastek family.

Mr. Parrack presented a diagram of the subject property and described the location of the intended trail.  Mr. Parrack also presented photographs which were entered into evidence by Mr. Thomey.  The photographs depicted the close proximity of Mr. Bastek’s home to the proposed area of the trail.

Mr. Parrack represented Mr. Bastek’s strong concerns about the proposed rezoning. He cited concerns relating to the noise level created by the trail, parking issues, as well as trash and debris left behind from patrons. 

Mr. Eric Sennstrom, Director Planning, Zoning, Parks & Recreation presented the following recommendations:

The Staff recommendation is for approval of one-acre based upon substantial change in the character of the neighborhood.

The Planning Commission’s recommendation is for approval of one-acre, based upon change in the character of the neighborhood.

Clifford Houston, Zoning Administrator read the Findings of Facts.

Motion was made by Commissioner Hepbron, seconded by President Bolender and carried by a majority vote.

Bolender – Y                        Kilby – Y       Hepbron – Y             Manlove – N             Guns – N