The Board of County Commissioners of Cecil County met for the purpose of Rezoning Hearings at the County Administrative Building 107 North Street, Elkton, MD on Tuesday, January 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. 2006-01 - Applicant: Jay C. Emery III, Esquire, Property Location: 1065 Bainbridge Road, Perryville, MD. Election District: 7, Tax Map: 29, Parcel: 71. Presently Zoned: Business Local (BL). REQUEST: To rezone 3.447 Acres from Business Local (BL) to Business General (BG). Property Owner: Douglas and Margaret Hornberger.

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

Jay C. Emery, attorney and property owner, Douglas Hornberger appeared before the Board of County Commissioners pursuant to a request for rezoning Application 2006-1.

A Memorandum was presented and marked accordingly, Applicant’s Exhibit #1.

Mr. Emery advised the Board that the property was acquired by Mr. Hornberger in December 2004 and that he wishes to construct an auction gallery and offices on the premises, upon completion of the structure, he would then like to conduct auctions at the location.

Mr. Hornberger testified as to the future use of the property and advised the Board of the environmental and aesthetic improvements he has made to the property since his acquisition.

Mr. Emery based this request on a mistake in the 1993 Comprehensive Rezoning, stating that the Comprehensive Plan failed to provide any Business General (BG) zoning along Maryland Route 222 while both Business Local (BL) and Business Intensive (BI) were provided. He further argued that the anticipated proposed development of the former Bainbridge Naval Training Center property is now imminent and based the request on future changes in the area.

COMMENTS IN SUPPORT/OPPOSITION: None

Eric Sennstrom, Director, Planning, Zoning, Parks & Recreation, advised the Board that the Planning Staff recommendation was for disapproval, no mistake or change in the character of 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.

Clifford Houston, Zoning Administrator presented the Findings of Facts.

Motion for approval of Rezoning Request 2006-1 was made by Vice President Hepbron. The motion died for lack of a second.

Motion for disapproval was made by Commissioner Guns, seconded by Commissioner Kilby. The motion carried by a majority vote of 4 to 1.

VOTE:

Bolender – Y      Hepbron – N        Kilby – Y      Manlove – Y     Guns – Y

File No. 2006-02 – Applicant: Andrew and Patricia Hodorowicz. Property Location: 304 Stevenson Road, North East, MD 21901. Election District: 5, Tax Map: 25, Parcel 718. Presently zoned: Suburban Residential (SR). Request to rezone 7 acres from Suburban Residential (SR) to Heavy Industrial (M-2). Property Owner: Andrew and Patricia Hodorowicz.

All witnesses presenting testimony were sworn.

Jay C. Emery, attorney and Andrew Hodorowicz, applicant appeared before the Board in support of Rezoning No. 2006-02.

Mr. Emery presented testimony that Mr. Hodorowicz has owned the subject property since 1986. At the time of purchase the property was zoned M-2. Since that time Mr. Hodorowicz has owned and operated a pallet construction company at this location.

Mr. Emery presented photographs of the business which were marked as Applicant’s Exhibit No. 1 – three photographs.

Mr. Hodorwicz testified that he has owned the property since 1986 and that he discovered the zoning change as a result of a refinancing of the property, the zoning change was discovered during the appraisal process.

Mr. Emery based this request on a mistake in the 1993 Comprehensive Rezoning, wherein, the property was rezoned from M-2 to Suburban Residential. Mr. Emery noted that all properties surrounding this parcel are zoned M-2.

COMMENTS SUPPORT/OPPOSITION: None.

Eric Sennstrom, Director, Planning, Zoning, Parks & Recreation, advised the Board that the Planning Staff recommendation was for approval, based upon a mistake in the 1993 Comprehensive Rezoning.

The Planning Commission also recommended approval based on a mistake in the 1993 Comprehensive Rezoning.

Clifford Houston, Zoning Administrator presented the Findings of Facts.

Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and was unanimously carried to approve Rezoning File No. 2006-02.

File: 2006-03 – Applicant: Monnie Holbrook. Property Location: 173 Goosemar Road, Rising Sun, MD 21911. Election District: 5, Tax Map: 24, Parcel: 305. Presently Zoned: Light Industrial (M-1). Request: To rezone 5.0031 acres from Light Industrial (M-1) to Heavy Industrial (M-2). Property Owner: Monnie C. Holbrook.

Keith A. Baynes, attorney and Monnie Holbrook, applicant appeared before the Board, pursuant to their request for a Rezoning Request, Application No. 2006-03.

Mr. Baynes presented testimony relative to his client’s timber harvest operation. Mr. Holbrook is seeking a rezoning of approximately 5 acres for the purpose of storing raw materials, timber and logs, outdoors, on the subject property.

Mr. Holbrook presented testimony to the Board relative to his timber operation and the progress of a pole building that will be used for storage of smaller materials, that is currently under construction. Mr. Holbrook also advised the Board that he is in the process of cleaning up the property, pursuant to complaints of neighbors.

COMMENTS IN SUPPORT/OPPOSITION:

Nicholas Holbrook, 173 Goosmar Road, Rising Sun, MD – spoke in support of the rezoning application.

Gail Freeman, Goosemar Road, Rising Sun, MD – spoke in opposition of the rezoning application. In addition, Ms. Freeman submitted a letter supporting her opposition.

Eric Sennstrom, Director, Planning, Zoning, Parks & Recreation, advised the Board that the Planning Staff recommendation was for disapproval, based upon no change or mistake in the 1993 Comprehensive Rezoning.

The Planning Commission also recommended disapproval based upon no change or mistake in the 1993 Comprehensive Rezoning.

Clifford Houston, Zoning Administrator presented the Findings of Facts.

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve Rezoning File No. 2006-03.

There being no further business, the meeting concluded.

Alfred C. Wein, Jr.
County Administrator

APPROVED: Nelson K. Bolender President