MINUTES OF THE BOARD OF

COUNTY COMMISSIONERS

 REZONING HEARING

March 4, 2008

 The Board of County Commissioners of Cecil County met in regular session at the County Administration Building, 107 North Street, Elkton, MD on Tuesday, March 4, 2008.  The following members of the Board were present:

                         William C. Manlove, President

                        Mark H. Guns, Vice President

                        Rebecca J. Demmler, Commissioner

                        Brian Lockhart, Commissioner

                        Wayne L. Tome, Sr., Commissioner  

Constituting a majority Board.

 The meeting was called to order by President Manlove at 2:00 p.m. and opened with the Pledge of Allegiance.

 Alfred C. Wein, Jr., County Administrator read the application and swore in all witnesses presenting testimony.

 File No. 2008-02 - Applicant:  York Building Products, Inc., c/o Corridor Land Services.  Property Location:  347 Principio Road, Port Deposit, MD.  Election District: 7, Tax Map: 23, Parcel 311.  Presently Zoned: Rural Residential (RR). Request:  Change in land use designation from Rural Conservation District, (RCD) to Mineral Extraction District, (MED). Property Owners: Edward J. and Elberta T. Stevens.

 File No. 2008-03 - Applicant:  York Building Products, Inc., c/o Corridor Land Services.  Property Location:  347 Principio Road, Port Deposit, MD.  Election District: 7, Tax Map: 23, Parcel: 311.  Presently Zoned: Rural Residential (RR). Request: Rezone 21.23 acres from Rural Residential (RR) to Rural Residential (RR) with a Mineral Extraction District, (MEB) overlay. Property Owners: Edward J. and Elberta T. Stevens.

 The applications are be consolidated for hearing purposes.

 Michael Pugh, Corridor Land Services and Jim Gawthorpe, York Building Products presented the application for rezoning and change in land use designation to the Board for property located at 347 Principio Road, Port Deposit, MD.

 A brief overview of York Building Products and their various projects and accolades were presented.

  Testimony was presented relating to the site conditions of the project; the proposed project will encompass mining approximately 13 acres of the 21 acre site, a buffer area of approximately 8 acres with approximately 16 acres of woodland and woodland buffer.  Only 2 acres of un-wooded buffer area would be forested, with landscaped berms at Principio Road.

 The proposed project will last for no longer than two years and there will be no processing at the site; electronically driven conveyors will carry the material to the existing plant for processing purposes and there will be no vehicle traffic.  The property will be reclaimed and a reclamation bond in the amount of $28,750 assessed. 

 The applicants presented three letters to be entered as Applicant's Exhibit #1 addressing some of the environmental concerns and historical concerns raised at the Planning Commission meeting.

 The request is based on a mistake in the 1993 Comprehensive Rezoning as well as change in the area, as a result of a similar rezoning in 1994.

 COMMENTS SUPPORT/OPPOSITION:

 John Seidle, 83 Cokesbury Road, Port Deposit - spoke in opposition to the rezoning request in an effort to keep Cecil County a rural residential area.

 Norman Wehner, Principio Road, Port Deposit - spoke in opposition to the rezoning request and stated that he lives in close proximity to the proposed site and is concerned about the noise and the water supply in the area.

 Roger Barton, 365 Linton Run Road, Port Deposit - spoke in opposition to the rezoning request.

 Jessica Hillaker, Port Deposit - spoke in opposition and voiced concerns about her home value and the viability of the water-table as a result of this project.

 Steve Meffa, 342 Principio Road - commented about the location of the conveyor.

 Tom Mason, Port Deposit - commented in opposition to the request and voiced concerns about the groundwater and wildlife in the area.

George Hilliker, Port Deposit - spoke in opposition.

 Ronnie Love, 240 Firetower Road, Colora - spoke in opposition and in support of preserving Cecil County's rural heritage.

 Susan Allen, 151 Principio Road, Port Deposit  - spoke in opposition and is concerned about the demise of several natural springs that are located on her property that date back to the 1600's.

 Clara Love, 240 Firetower Road, Colora - spoke in opposition to the request.

 Eleanor Bochnour, Principio Road, Port Deposit - stated that she lives directly across the street from the proposed project and is very concerned because this area is strictly residential.  She is concerned for her property values.

 Jean Witsell, 322 Principio Road, Port Deposit - commented about her concerns with the groundwater, water run-off and erosion problems that this project may produce.

 Patrick Sypolt - Principio Road, Port Deposit - encouraged the Board to follow the comprehensive plan and to deny the request.

 Marie Sypolt, Principio Road, Port Deposit - commented that the proposed buffer would not be enough to block the view of a gravel site from her home. 

 Bill Hendricks, Principio Road, Port Deposit - commented in opposition and voiced his concerns about the 2-acre pond that is located on his property and the effect this operation would have on the water-level of the pond and the rare species of wildlife it attracts.

 Carolyn Hendricks, Principio Road, Port Deposit - commented about the view from her property and the reduction of value of her property that may be affected as a result of this project.

 Eric Sennstrom, Director of Planning & Zoning presented the Staff Recommendation of approval, based upon mistake in the 1993 Comprehensive Rezoning.

 The Planning Commission recommended disapproval, no demonstrated change or mistake since the 1993 Comprehensive Rezoning.

 Cliff Houston, Zoning Administrator read the Findings of Facts.

 This decision will be placed on the Board's agenda for consideration at the March 18, 2008 Board of County Commissioner's meeting.

 File No. 2008-04 - Applicant:  Garfield Carjill. Property Location:  625 Rising Sun Road, Rising Sun, MD. Election District: 6, Tax Map: 10, Parcel 52. Presently Zoned:  Rural Residential, (RR). Request:  Rezone .5022 acres from Rural Residential, (RR) to Business General, (BG). Property Owners:  Garfield and Stephanie Cargill.

 Alfred C. Wein, Jr., County Administrator read the application and swore in all witnesses presenting testimony.

 Garfield Carjill appeared before the Board and presented testimony in support of his rezoning request.  Mr. Carjill stated that upon the purchase of this property and recent renovations, a non-compliance statement was issued by the Office of Planning & Zoning, relating to zoning regulations.  Mr. Carjill stated that this property has been used as a business for over 50 years and there are as many as five other businesses within 400 yards of the property line. 

Mr. Carjill is basing his request upon a mistake in the 1993 Comprehensive Rezoning.

 COMMENTS IN SUPPORT/OPPOSITION:

 Al Petterof, 549 Maryland Ave., Perryville, MD - spoke in support of the rezoning request.

 Mr. Senntrom presented the Staff Recommendation of disapproval, no demonstrated change or mistake since the 1993 Comprehensive Plan.

 The Planning Commission recommended approval, based upon a mistake in the 1993 Comprehensive Rezoning.

 This matter will placed on the Board's agenda for consideration at the March 18, 2008 Board of County Commissioners meeting.

 With no further business to discuss, the meeting concluded.

Alfred C. Wein, Jr.,  County Administrator

APPROVED:

William C. Manlove, President