MINUTES OF THE BOARD OF

COUNTY COMMISSIONERS

REZONING HEARING

September 28, 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 28, 2004.  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 5:00 p.m. and opened with the Pledge of Allegiance.

            Linda Prince, Court Reporter, Port Deposit MD, recorded a verbatim transcript of this public hearing.

            File No. 2004-17:  Applicant:  Charlotte Lyons.  Property Location:  1322 Jacob Tome Highway, Port Deposit, MD.  Election District: 6. Tax Map 23, Parcel: 215. Presently Zoned: Northern Agricultural Residential, (NAR). Request: To rezone 10 Acres from Northern Agricultural Residential (NAR) to Business Intensive (BI); Property Owner:  Charlotte Lyons.

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

            Charlotte Lyons, appeared before the Board of County Commissioners and presented a request to rezone 10 Acres from Northern Agricultural Residential (NAR) to Business Intensive (BI).  She stated that her request was based upon change in the area, and cited the following properties zoned Business General (BG): Royal Farms Store; Landhope Farms Store; Marshall’s School Buses; Bainbridge Market; a mini-storage facility; Crab Shack; a cell tower; a truck terminal and Roger Puffenberger’s Antiques.  The businesses are adjacent and in close proximity to her property.  The current use of the property at this time is agricultural.  Ms. Lyons further stated that the traffic in the area was moderate to heavy during the day.  Ms. Lyons stated that at this time, there is no planned use for the property.

COMMENTS IN SUPPORT:

None

COMMENTS IN OPPOSITION:

Cynthia Rossetti, appeared and spoke in opposition of this rezoning request.

Jeanette Hillyard, appeared and spoke in opposition of this rezoning request.

Rupert Rossetti, appeared and spoke in opposition of this rezoning request.

Mr. Houston informed the Board there was one letter of opposition forwarded to the Office of Planning & Zoning from F. Ellis Benjamin.

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

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

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

Clifford Houston, Zoning Administrator read the Findings of Facts.

Motion was made by Commissioner Hepbron, to approve the request, seconded by Commissioner Guns, motion defeated.

Vote:  Bolender – N            Kilby – N       Hepbron – Y            

Manlove – N             Guns - Y

File No. 2004-18:  Applicant:  Leroy Scott, Jr., Property Location:  361 Fair Hill Drive, Elkton, MD. Election District: 6, Tax Map 13, Parcels: 52 & 237. Presently Zoned Village Residential, (VR). Request to rezone 1.46 Acres from Village Residential, (VR) to Business General, (BG). Property Owner:  Leroy H. Scott, Jr.

County Administrator Wein swore in all witnesses presenting testimony.

Keith A. Baynes, Attorney and Leroy Scott, Jr., Applicant appeared before the Board and presented a request to rezone the applicant’s property located at 361 Fair Hill Drive, Elkton, MD, based upon a mistake in the 1993 Comprehensive Plan.

Mr. Baynes presented for evidence photographs of the subject property and surrounding area, including the surrounding businesses.  The photographs were marked as Applicant’s Exhibits 1 – 8.  Mr. Baynes testified that based on his opinion, the Scott property was virtually an island, the only residential property surrounded by commercial properties, due to a mistake in the Comprehensive Rezoning of 1993.

Vice President Kilby asked for clarification of the requested Business General (BG) zoning.

Mr. Baynes responded that Mr. Scott would like for his property to coincide with the surrounding Business General (BG) properties on each corner.

COMMENTS IN SUPPORT – None

COMMENTS IN OPPOSITION - Mr. Houston advised the Board, there was one letter of opposition submitted by Joe Clancy, 203 Atlanta Court, Elkton, relative to traffic concerns in the area.

Director Sennstrom presented the Board with the staff and Planning Commission recommendations.

The Planning staff recommended disapproval, based upon no demonstrated change in the area since the last comprehensive plan.

The Planning Commission recommended approval.

Mr. Houston read the Findings of Facts.

            Motion for approval was made by Commissioner Hepbron, seconded by Commissioner Guns and was carried for approval by a majority vote.

Vote:   Bolender – Y                        Kilby – N                   Hepbron – Y            

Manlove – Y             Guns – Y

            Mr. Thomey removed himself as counsel for this request, due to a conflict of interest.

            File No. 2004-20 – Applicant:  Jay Emery, III, Esquire.  Property Location:  Greenmount-Sylmar Industrial Park, Rising Sun, MD.  Election District: 6, Tax Map: 4, Parcel: 185.  Presently Zoned:  Light Industrial, (M-1). Request to rezone 14.83 Acres from Light Industrial, (M-1) to Business General, (BG). Property Owner:  Harold and Jewelyne Montgomery.

            Jay Emery, III, Attorney, Applicant, and Harold and Jewelyne Montgomery, Property Owners, appeared before the Board to present a rezoning request for property located within the Greenmount-Sylmar Industrial Park in Rising Sun, MD.

            Mr. Emery offered a plat of the aforementioned area as Applicant’s Exhibit #1.  He described the property consisting of 33 acres, which was purchased in the early 1980’s by his client.  He further described the surrounding parcels and their current zoning status.  Mr. Emery is basing his request upon substantial change in the area, as well as a mistake in the 1993 Comprehensive Rezoning.  He explained to the Board, that several inquiries have been made relative to leasing this property for commercial use and that this property is simply not suitable for industrial use. 

Vice President asked for clarification as to the exact location of the parcel.

Commissioner Manlove asked for clarification as to when the parcel was rezoned.

COMMENTS IN SUPPORT:  None

COMMENTS IN OPPOSITION:  None

            Director Sennstrom presented the Board with the staff and Planning Commission recommendations.

            The Planning staff recommended disapproval of the rezoning request due to no demonstrated change since the last comprehensive plan.

            The Planning Commission recommended disapproval of the rezoning request due to no demonstrated change since the last comprehensive plan.

            Mr. Houston read the Findings of Fact.

            In closing testimony, Mr. Emery advised the Board that he disagrees with the opinions of the Planning staff and the Planning Commission.

            Motion to approve was made by Commissioner Hepbron, seconded by Commissioner Manlove and carried unanimously.