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, April 24, 2006 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. 2006-05 - Applicant: Elkton Fairhill Services, LLC, Property Location: 4428 Telegraph Road, Elkton, MD. Election District: 4, Tax Map: 13, Parcel: 714. Presently Zoned: Business Local (BL). REQUEST: To rezone 2.0169 Acres from Business Local (BL) to Business General (BG). Property Owner: Christine Nuyen.

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

Norma Potts and Carolyn Hurley on behalf of the applicant appeared before the Board of County Commissioners pursuant to a request for rezoning Application 2006-5.

Testimony was presented by Carolyn Hurley, Applicant’s Expert Witness, in support of a rezoning designation change from Business Local (BL) to Business General (BG) for the purpose of constructing a forty foot (40) environment friendly car wash at the existing Shell Station.

The applicant is basing the request on change in the area, as a result of increased population and traffic.

COMMENTS IN SUPPORT:

COMMENTS IN OPPOSITION:

Devon Calhoun, 245 Fair Hill Drive – spoke in opposition to the rezoning request. He is concerned with increased traffic and the impact on his well if a car wash was allowed.

Charles Dolor, 324 Fair Hill Road – spoke in opposition to the rezoning request. He commented that if the business were to be sold, as it has several times over the years, that any business permitted within a Business General (BG) would be able to locate there.

Dave Zeigler, 287 Fair Hill Road – spoke in opposition to the rezoning request. He is concerned about his well and the impact a car wash would have.

Beverly Fawcett, 4380 Telegraph Road – spoke in opposition to the rezoning request. She voiced concern about drainage problems, noise and water consumption.

Spurgeon Barber, 4374 Telegraph Road – spoke in opposition to the rezoning request. He is concerned about his well and the increased noise as a result of a car wash.

Patty Dean, 4377 Telegraph Road – commented about a current erosion problem in the area that currently exists and contaminates seeping into the groundwater.

Owen Thorne, 20 Hillwood – spoke in opposition to the rezoning request. He is concerned about this type of zoning in the Northern Agricultural District. He also commented about recycling of the water and groundwater contamination.

Scott Bradley, 245 Fair Hill Drive – spoke in opposition to the rezoning request.

Robert Porter, 3891 Telegraph Road – spoke in opposition to the rezoning request.

Josie Poteet, 3891 Telegraph Road – spoke in opposition to the rezoning request. She is concerned about the water consumption.

Robert Korbeck, 4371 Telegraph Road – spoke in opposition to the rezoning request. He is concerned about the water consumption and the impact on the surrounding wells.

Ron Demmler, 30 Childs Road – spoke in opposition to the rezoning request. He is concerned of placing a Business General (BG) zoning at the location and future uses of the property.

Paul Maccari, Telegraph Road – submitted his opposition to the rezoning request in writing. He stated that it would be out of character for the neighborhood and increase traffic.

Carolyn Hurley advised the Board that the owner of the property is willing to accommodate the concerns of the surrounding residents by following all of the regulations of the “Federal Clean Water Act”, and will install additional equipment that will alleviate noise and water consumption concerns.

Clifford Houston, Zoning Administrator, advised the Board that the Planning Staff has recommended disapproval of this request, based upon no change in the neighborhood since the 1993 Comprehensive Rezoning.

The Planning Commission also recommended disapproval based on no mistake or change in the character of the neighborhood since the 1993 Comprehensive Rezoning.

Mr. Houston presented the Findings of Facts.

Commissioner Manlove made a motion to disapprove the rezoning request of the applicant, Elkton Fairhill Services, LLC. The motion was seconded by Commissioner Kilby and unanimously carried to approve.

There being no further business, the meeting concluded.

Alfred C. Wein, Jr.
County Administrator

APPROVED:
Nelson K. Bolender President