The Board of County Commissioners of Cecil County met in regular session at the County Administration Building, 107 North Street, Elkton, MD on Tuesday, May 4, 2004.  The following members of the Board were present:

Nelson K. Bolender, President
Phyllis Kilby, Vice President
Harry A. Hepbron, Commissioner
William 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.

Carol Beresh, Court Reporter, recorded a verbatim transcript of this public hearing.

-  JANET DOOLING – FILE NO. – 2004-04

FILE NO: 2004-04.  APPLICANT: Janet Dooling. PROPERTY LOCATION:  1282 Susquehanna River Road, Port Deposit, MD  21904. ELECTION DISTRICT:  7. TAX MAP:  16, PARCEL:  421, 424 & 507. PRESENTLY ZONED:  Northern Agricultural Residential, (NAR). REQUEST:  Request to rezone 1.25 Acres from Northern Agricultural Residential, (NAR) to Business General, (BG) for the purpose of a Gift Shop.  PROPERTY OWNER:  Janet M. Dooling.

County Administrator Wein read the application, and all witnesses were sworn.

William F. Riddle, Attorney for the Applicant, presented the Board with the Applicant’s request for rezoning and provided the following:  Janet Dooling, present owner and operator of the Union Hotel, request the rezoning of parcels 421, 424 & 507 for the purpose of operating a gift shop at the location.  The request is based on a change in the neighborhood, and cited the rezoning of Hopkins Crab House and the operation of large equipment business on the road.  He further stated that the area is mainly business area, the VFW, Hopkins Crab House, the heavy equipment area and the Union Hotel are all located on the road. Additionally, Mr. Riddle advised that due to the topography of the land, this area is not an ideal area for housing purposes.

 DISCUSSION:

Vice President Kilby commented relating to Hopkins Crab House and stated that the rezoning Mr. Riddle was referring was not Hopkins, but in fact, the property Mrs. Dooling’s son is currently operating the heavy equipment machinery business that was rezoned. 

Clarifications were made as to exactly what properties in this area had been rezoned and it was determined the only rezoning that had taken place was operation, owned by Mrs. Dooling’s son.

Commissioner Guns made an inquiry as to the availability of water & septic to the parcels. Mrs. Dooling advised that currently there is a structure on the property that has water & septic.

SUPPORT:  None

OPPOSITION:

Mr. Ray Dion, 63 Desire Drive, Conowingo appeared to speak in opposition and stated that his property is located directly above the subject parcels.  Mr. Dion presented photographs, which were marked Exhibits 1 – 6 by Counsel Thomey.  Mr. Dion’s concerns were that the subject properties are lowlands and consistently wet, as shown in his photographs, which were taken from several different locations on the property.  He stated that there is flowing water just 100 feet from the current structure.  Additionally, Mr. Dion stated that there are signs posted in this area relating to wildlife preservation.

Mr. Eric Sennstrom, Director, Planning, Zoning, Parks & Recreation advised the Board that the request to rezone was approved by staff and the Planning Commission based on a change in the area.

Zoning Administrator, Cliff Houston read the Findings of Facts for File No. 2004-04, a copy of which is attached hereto and incorporated into these minutes.

Motion was made by Commissioner Hepbron, seconded by President Bolender to approve the rezoning.

VOTE:

Bolender – Y                Hepbron – Y                Kilby – N

Manlove – N                Guns – N

Rezoning was denied as a result of a 3-2 vote. 

- William F. Riddle – File No. 2004-05      

APPLICANT:  William Riddle.  PROPERTY LOCATION:  E/S Blythedale Road, Perryville, MD; Election District: 7 TAX MAP: 29, PARCEL:  397.  PRESENTLY ZONED: Development Residential (DR). REQUEST:  Request to rezone 4.35 Acres from Development Residential, (DR) to Business General (BG) for the purpose of commercial use.  PROPERTY OWNER:  Estate of Jones and Helen L. Douglass.

County Administrator Wein read the application and swore in the witnesses.

William F. Riddle appeared before the Board and presented a Tax Map and photographs, marked Exhibit #1 by Counsel Thomey, of the subject parcel.  Mr. Riddle bases his request on a mistake in the 1993 Comprehensive Plan.  He contends that the property was used by the former owner, Mr. Jones as part of the hotel operation as evidenced by the photographs depicting several mobile homes, a storage barn and septic behind the storage barn.  This reflects that the property was being used in a non-conforming manner for a considerable number of years.  Mr. Riddle also stated the increase in business to this area over the last several years, namely the Perryville Outlets, Exxon Station, Flicker’s Used Cars; in addition to several other businesses within approximately a one-mile radius of this property, demonstrate a change in the neighborhood and support his request. 

Mr. Riddle advised the Board the plan for this property is to clear the property of the current debris and develop it as a storage unit and possibly a commercial type building that would support businesses. 

COMMENTS IN SUPPORT:

Tom Armour – commented regarding the location of the septic systems and the previous use of the property.  He stated that there are concerns of the area residents regarding the water usage, he indicated there will be minimum water use.

COMMENTS IN OPPOSITION:

David H. Parrack, Attorney on behalf of Joe and Michelle Dougher appeared before the Board.  He asked Mr. Riddle if he possessed a survey to determine the boundaries of the property.  Mr. Riddle indicated that a survey has not yet been completed.  Photographs were examined to determine the exact location of the mobile homes and septic system on the subject property.  Two photographs were entered into Evidence as Nos. 1 & 2. 

Testimony was offered by Mr. Parrack on behalf of Joe and Michelle Dougher, 192 Blythedale Road, Perryville, MD.  The Dougher’s property is immediately adjacent to the subject property on the southerly side.  Mr. Parrack further offered on behalf of his clients that since 1993 there have been no business uses established or created on Blythedale Road or Jackson Station Road.  The commercial entities offered by Mr. Riddle were previously zoned commercial as of 1993.  The Doughers have a well that is approximately 400 feet deep and they are concerned about the impact of the proposed use of the subject property and their water supply.  Mr. Parrack further stated that at the time of operation of the Douglas Motel, there was no septic available to the mobile homes and that raw sewage was flowing onto the ground.  Mr. Parrack presented to the Board a Petition signed by nearby residents, opposing the rezoning of the subject property.

Diane Barrick, 230 Reservoir Road, Perryville, MD – addressed the Board and commented relating to the water supply in the area; specifically she referred to a Health Department Study conducted several years ago.  Additionally she addressed concerns regarding the current structure on the property and traffic issues.     

Cathy Lloyd, 60 Blythedale Road, Perryville, MD was sworn in by Administrator Wein. Ms. Lloyd commented with regard to the water supply in the area.  Ms. Lloyd indicated that currently her well is dry and she is unable to live in her home.  She further voiced concerns relating to traffic issues on Blythedale Road.

Joyce Caldwell, 177 Blythedale Road, Perryville, MD - commented relating to the water supply and traffic in the area.

Wilfried Marquis, 824 Jackson Station Road, Perryville, MD – spoke in opposition against the rezoning request.  He expressed concerns over the water supply and the general living quality of the area if businesses were to be located at the subject property.

Arnold Haugh, 172 Blythedale Road, Perryville, MD was sworn in by Administrator Wein.  Mr. Haugh also spoke of the concerns of lack of water supply and increased traffic problems as a result of a rezoning.

Director Sennstrom, advised the Board that staff and the Planning Commission recommended disapproval, no demonstrated change in neighborhood since last comprehensive rezoning, and no demonstrated mistake in last comprehensive rezoning.

Zoning Administrator Houston read the Findings of Facts for File 2004-05, a copy of which is attached hereto and incorporated into these minutes.

Mr. Riddle addressed the Board once again and stated that a Business General (BG) zoning of this property would greatly reduce the strain on the water table and preserve the water supply for the residents of the area.

Motion was made by Commissioner Guns, seconded by Commissioner Manlove and carried to disapprove by a majority vote.

VOTE: 

Bolender – Y                Kilby – Y         Hepbron – N

Manlove -   Y               Guns – Y

There being no further business, the meeting was adjourned.