The Board of County Commissioners of Cecil County met for the purpose of a Rezoning Hearing at the County Administrative Building 107 North Street , Elkton , MD on Tuesday, July 12, 2005 at 2:00 PM . The following members were present:

Nelson K. Bolender, President
Harry A. Hepbron, Vice President
Phyllis Kilby, Commissioner
William C. Manlove, Commissioner
Mark H. Guns, Commissioner

Constituting a full Board.

The meeting was called to order by President Bolender at 2:00 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. 2005-10 - Applicant: Harold Murray, Sr.; Property Location: 2872 Biggs Highway, North East, MD. Election District: 5, Tax Map: 19, Parcel: 44. Presently Zoned: Suburban Residential, (SR). Request: To rezone 2.38 Acres from Suburban Residential, (SR) to Business Intensive, (BI) Property Owner: Harold L. and Marcia A. Murray, Sr.

All witnesses presenting testimony were sworn by Al Wein, County Administrator .

Edwin B. Fockler, IV, Esquire appeared with the applicant’s Harold Murray and Marsha Murray. Also appearing, were Anne Marie Murray-Walsh and Cecil M. Walsh, Jr., current residents of the subject property. The purpose of the application is to permit the continuation of the business of a truck storage terminal operated by the Walshes.

Mr. Murray testified that his family has owned the subject property since 1927. His daughter and her husband presently occupy the residence and have operated their business from the premises since 1999.

Cecil M. Walsh testified that he and his wife and their five children reside at the premises. The business that is operated from the residence consists of up to four large dump trucks which haul crushed stone. Mr. Walsh indicated that the trucks normally leave the premises around the hours of 6:00 a.m. and return between the hours of 3:00 and 5:00 p.m. He further testified that two employees drive for his company and that there are no customers that come to the premises. Mr. Walsh indicated that he has no future plans to expand his operation.

Mr. Fockler reviewed with the Board the businesses in the area, including a new Best Western Hotel, a High’s Store and a Holiday Inn Express that have all been constructed in recent years. He further indicated that a 3.26 acre parcel in the neighborhood purchased by Arrow Electric was recently rezoned from Suburban Residential (SR) to Business General (BG). The property is located in the Development District of the Comprehensive Plan. Mr. Fockler presented four exhibits for the record, a zoning map of the area; a letter of support from Denton Spring Water; a copy of the Land Use Map from the Cecil County Comprehensive Plan; and a memorandum.

Anne Marie Murray-Walsh testified that their business has been in operation since September, 1998 from that location and they have never received a complaint. She further testified that they run a safe operation and employ only two drivers.

Kathleen Glace, sister to Anne Marie Murray, appeared and testified that she has never smelled diesel fuel odor at the property.

Gail Springer, a neighboring property owner, appeared and testified in opposition to the rezoning request. She complained about the noise and odors from the trucks. She further stated that the entrance was not safe due to the volume and speed of traffic on Route 274

Eric Sennstrom, Director of Planning, Zoning, Parks & Recreation testified that both the Planning Staff and the Planning Commission have recommended disapproval of the rezoning request.

Cliff Houston, Zoning Administrator presented the findings of fact.

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and carried by a majority vote to approve the requested rezoning of File No. 2005-10, Applicant’s Harold & Marcia Murray from Suburban Residential (SR) to Business Intensive (BI) based upon a change in the character of the neighborhood since the 1993 Comprehensive Rezoning.

Vote:

Bolender – Y                 Hepbron – Y                Kilby – Y

Manlove – N                 Guns – Y

Alfred C. Wein, Jr.
County Administrator

APPROVED:
Nelson K. Bolender President