[00:00:09]
>> [INAUDIBLE] MICS, EVERYBODY. HAVE WE TURNED THE ONES ON UP THERE? I GUESS WHEN YOU COME UP, THEY SHOULD BE TURNED ON.
YEAH. SO BEFORE I DO ALL THE STUFF, WHEN YOU COME UP, DELIBERATE, AND IT'S YOUR TURN, THE MICS NEED TO BE ON, AND YOU NEED TO REALLY GET INTO THAT MIC AND REALLY MAKE YOURSELF HEARD BECAUSE OTHERWISE, IT WON'T BE RECORDED, AND THAT'S WHAT WE USE FOR THE RECORDS.
[Opening]
IT IS NOW 6:00 P.M. OR A MINUTE ON 18 NOVEMBER.AND I'D LIKE TO WELCOME YOU TO THE CAROLINE COUNTY BOARD OF ZONING APPEALS MEETING.
I'M KAREN HARDY, AND I'M THE CHAIR OF THE BOARD OF ZONING APPEALS.
WITH ME IS OUR BZA ATTORNEY, JESSE HAMMOCK.
ASSISTANT DIRECTOR OF DEVELOPMENT REVIEW MATT KOZINSKI, AND BOARD ADMINISTRATOR KATHERINE MCAULEY, ALONG WITH, TO MY LEFT IS OUR VICE CHAIR BEN BUTLER, AND TO MY RIGHT IS ERIC SMITH AND OUR ALTERNATE, WHO WILL BE ACTUALLY ON THE SECOND MEETING TONIGHT, LAUREN COLLINS.
IT IS THE DUTY OF THIS BOARD TO HEAR AND MAKE DECISIONS FOR APPLICATIONS MADE FOR VARIANCES, SPECIAL USE EXCEPTIONS, EXEMPTIONS, AND APPEALS.
FIRST, THE APPLICANTS WILL PRESENT THEIR CASE AFTER TAKING THE OATH.
THEN WE WILL HEAR FROM THE PROPONENTS, FOLLOWED BY THE OPPONENTS, AFTER THE OATH HAS BEEN TAKEN.
YOUR NAME AND ADDRESS HAS BEEN STATED FOR THE RECORD AS WELL.
ONCE TESTIMONY HAS BEEN HEARD AND QUESTIONS HAVE BEEN ANSWERED, THE APPLICANT MAY DELIVER A CLOSING STATEMENT BEFORE THE BOARD BEGINS DELIBERATION.
DURING THIS TIME, NO ONE FROM THE AUDIENCE MAY SPEAK UNLESS THE BOARD NEEDS CLARIFICATION.
EVERY EFFORT IS ALWAYS MADE TO MAKE THE DECISION THE NIGHT OF THE MEETING.
HOWEVER, THERE ARE TIMES WHEN THAT'S NOT POSSIBLE, AND A CONTINUANCE MAY BE GRANTED.
AT THIS TIME, I'LL READ THE NOTICE OF PUBLIC HEARING, AND THEN HE'S GOING TO DO THE OTHER PART.
BUT LET ME START OFF WITH READING THAT IN, AND WHERE ARE WE HERE? HERE WE GO. NOTICE IS HEREBY GIVEN THAT
[Tyler L. Pepper – Variance No.24-0046]
THE CAROLINE COUNTY BOARD OF ZONING APPEALS WILL HOLD A PUBLIC HEARING ON TUESDAY, NOVEMBER 18, AT 6:00 P.M. IN THIS BUILDING.THE APPLICATION NUMBER 240046, A REQUEST BY TYLER PEPPER FOR A VARIANCE TO THE DISTURBANCE OF THE 100 FOOT CHESAPEAKE BAY CRITICAL AREA BUFFER.
THE HOUSE WAS BUILT IN 1975, PRIOR TO CRITICAL AREA LAW.
THE EXISTING HOME IS LOCATED ENTIRELY WITHIN THE 100 FOOT BUFFER.
THE SAID PROPERTY IS LOCATED AT 7450 TODD'S WHARF ROAD, PRESTON, MARYLAND, AND IS FURTHER DESCRIBED AS TAX MAP 41 GRID 5 PARCEL 117, AND IS OWNED BY TYLER L PEPPER.
WE'RE GOING TO START WITH THAT ONE, AND THEN I'LL READ THE NEXT ONE INTO THE RECORD AFTER OUR LITTLE BREAK IN BETWEEN.
AND IF YOU WANT TO DO YOUR NOTES FOR US.
>> BOARD EXHIBIT LIST. ITEM NUMBER ONE IS THE NOTICE OF PUBLIC HEARING, PUBLISHED IN THE TIMES RECORD ON NOVEMBER 5 AND 12TH.
EXHIBIT NUMBER 2 IS A STAFF REPORT.
EXHIBIT NUMBER T3 IS THE APPLICATION.
EXHIBIT NUMBER 4 IS A BUILDING PLAN.
EXHIBIT NUMBER 5 IS A SITE PLAN.
EXHIBIT 6 IS A PERMIT DENIAL LETTER.
EXHIBIT 7 IS A CRITICAL AREA COMMISSION REVIEW.
EXHIBIT 9 IS THE ASSESSMENT AND TAXATION, REAL PROPERTY DATASET AND TAX MAP.
EXHIBIT 10 IS AN AERIAL OVERLAY.
EXHIBIT 11 IS THE AREA OF THE SURROUNDING AREA.
EXHIBIT 12 IS THE ADJOINING PROPERTY OWNER AFFIDAVIT.
EXHIBIT 13 IS A SIGN POSTING AFFIDAVIT AND PHOTOS, AND EXHIBIT 14 IS THE APPLICANT NOTICE.
NOW, I READ IN MY STAFF REPORT.
>> YEAH. I WAS GOING TO SAY THAT WILL BE FREE.
>> SO PREVIOUSLY MENTIONED, MR. PEPPER HAS REQUESTED A VARIANCE FOR DISTURBANCE OF THE 1 FT LAYER BUFFER.
THE DEPARTMENT RECEIVED A BUILDING PERMIT APPLICATION FOR A BEDROOM ADDITION.
AND DURING THE REVIEW, IT WAS DETERMINED THAT THE ADDITION WOULD BE LOCATED WITHIN THE BUFFER.
SO THE APPLICANT WAS INFORMED THAT A VARIANCE WOULD BE REQUIRED PRIOR TO ISSUANCE OF BUILDING PERMIT.
AS A FRAME OF REFERENCE, EXISTING DWELLING WAS BUILT IN 1975, WELL BEFORE OUR LOCAL PROGRAM BECAME EFFECTIVE, WHICH IS JANUARY 1 OF 1990.
THE HOUSE IS COMPLETELY LOCATED WITHIN THE BUFFER.
THE BEDROOM ADDITION, THAT'S 400 SQUARE FEET.
IT'S LOCATED ON THE NORTHWEST SIDE OF THE HOUSE OVERTOP AN EXISTING STONE PATIO.
MR. PEPPER HAD STARTED THIS PROCESS ABOUT A YEAR AGO WITH US.
[00:05:01]
THE HEALTH DEPARTMENT REQUIRED SOLE TESTING AND A SITE EVALUATION FOR WET SEASON TESTING.SO WE GOT TO A POINT WHERE WE HAD TO HOLD OFF COMING UNTIL WE COULD DETERMINE THAT THE HEALTH DEPARTMENT WAS GOING TO APPROVE WHAT HE WAS PROPOSING TO DO.
SO THAT SRA PLAT HAS BEEN FINALIZED AND WAS RECORDED LAST MONTH.
AND THAT'S WHY MR. PEPPER'S HERE BEFORE YOU TO PRESENT HIS CASE FOR HIS PROPOSED ADDITION.
SO IF YOU HAVE ANY QUESTIONS FOR ME, I'LL BE GLAD TO ANSWER HIM NOW.
IF NOT, WE CAN OPEN UP THE FLOOR TO MR. PEPPER.
>> I THINK IF ANYBODY HAS ANY QUESTIONS, WE CAN CERTAINLY ADDRESS THAT AT SOME POINT, IF NOT NOW.
MR. PEPPER, WOULD YOU LIKE TO COME FORWARD? AND I WILL ALSO SAY THAT WE ARE GOING TO HAVE TO GIVE YOU THE OATH.
AND WE'RE GOING TO ASK THAT IF YOU DO YOU HAVE ANYBODY HERE THAT'S GOING TO TESTIFY ON YOUR BEHALF WITH YOU?
>> POTENTIAL NEIGHBOR, BUT NO.
>> WELL, IF YOU WOULDN'T MIND, WHAT I WOULD ASK THAT YOU BOTH DO IS RAISE YOUR RIGHT HAND, AND I'M GOING TO READ THE OATH.
DO YOU HEREBY SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE STATEMENT YOU MAKE, THE TESTIMONY YOU GIVE, IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH?
>> IF YOU WOULD THEN STATE YOUR NAME FOR THE RECORD AND THEN YOU, AS WELL.
>> 7450 TODDS WORTH ROAD, PRESTON, MARYLAND.
>> MY NAME IS MIKE LOWSKI, 7460 TODD.
>> THANK YOU VERY MUCH. I APPRECIATE THAT.
AND THAT BEING SAID, I'M HAPPY TO LET YOU PROCEED.
>> I THINK MATT DID A PRETTY GOOD JOB READING MY CASE.
I LIVE IN A 1,100-SQUARE-FOOT ONE BEDROOM HOUSE.
THAT WAS BUILT IN 1975, BEFORE THE GUIDELINES.
CURRENTLY, ONE BEDROOM WITH A ONE BEDROOM SEPTIC.
I WENT AHEAD AND HAD THE PROPERTY PERKED RE PERKED, I GUESS, I GUESS IT WAS ORIGINALLY PERKED IN 2075, BUT HAD IT PERKED FOR ADDITIONAL AREA SEPTIC, AND I'M LOOKING TO BUILD A 20 BY 20 ADDITION OVER WHERE THERE'S AN EXISTING STONE PATIO, SO I'M REALLY NOT CREATING ANY MORE IMPERVIOUS AREA.
>> IS THERE ANYTHING YOU'D LIKE TO DO AS FAR AS EXPLAINING EVERYTHING AND KIND OF GOING AND FOLLOWING? WE CAN USE THAT AS YOUR GUIDELINES, IF YOU WANT TO SHOW US WHERE THINGS LIE AND WHATEVER ELSE.
I'M JUST TRYING TO GIVE YOU THE FLOOR TO MAKE YOUR CASE AND SHOW US, KATHERINE WILL HAPPILY SHOW OFF WHERE IT IS AND HOW IT SITS AND ALL THAT GOOD STUFF.
>> YEAH. THE ENTIRE HOUSE IS WITHIN THE 100 FOOT BUFFER. SO I DON'T HAVE ANY OPTION.
ACTUALLY, LIKE I SAID, MY MAIN STRUCTURE IS 32 BY 24, AND I'M LOOKING TO PUT A 20 BY 20 ADDITION.
AS YOU'RE LOOKING AT THAT MAP, WHERE MY EXISTING STRUCTURE IS, IT'D BE TO THE LEFT.
>> CAN YOU WALK THERE AND KIND OF POINT OUT WHAT YOU'RE DOING, WHERE IT IS, AND GIVE EVERYBODY AN OPPORTUNITY TO SEE WHAT YOUR PLANS ARE?
>> SO THIS IS THIS [INAUDIBLE] IS WATER.
HERE'S WHERE MY SEPTIC PATIO IS.
THIS IS WHERE I WANT TO PUT THE ADDITION.
THIS IS THE NEW SRM THAT WAS ESTABLISHED AFTER I HAD IT REFERRED.
OBVIOUSLY, THE SEPTIC SYSTEM IS BEHIND THE HOUSE.
>> THE DOTTED LINE IS THE BUFFER, RIGHT?
>> THAT'S CORRECT. YES. MY EXISTING GARAGE HERE. [INAUDIBLE]
>> SO WAS THAT GARAGE ALREADY ALREADY WAS THAT THERE FOR SOME TIME AS WELL?
>> NO. I BUILT THAT GARAGE IN 2015.
>> JUST TRYING TO UNDERSTAND WHAT ELSE? WHAT'S THE RECTANGULAR SHAPE BOX DOWN THERE? WHAT IS THAT? WHERE YOU JUST WORKING?
>> SOMETHING PORTABLE. IT'S NOT SOMETHING THAT'S OKAY.
PERFECT. SO THE SIZE OF YOUR CURRENT GRAVEL, WHATEVER IT IS THAT YOU HAVE THE PATIO, THAT THE THING IS GOING TO GO OVER THE TOP.
>> IT'S ACTUALLY A LITTLE BIT BIGGER.
THIS IS 24 WIDE, AND IT WILL BE 20 BY 20, SO IT'LL HAVE TO BE A LITTLE BIT SMALLER.
>> A LITTLE SMALLER, BUT YOU'RE NOT GOING BIGGER THAN WHAT'S EXISTING?
>> PERFECT. THAT'S WHAT I WAS TRYING TO ESTABLISH.
>> CAN YOU PULL EXHIBIT 4? . YES. I HAVE THAT.
>> THERE WE GO. NOW WE SEE HERE.
>> WELL, LET ME TAKE IT BACK. IT'S FURTHER AWAY FROM THE WATER HERE. BUT IT DOES SIP OUT.
[00:10:05]
>> THE EXISTING PAD IS 24 BY 16?
>> THEN THE ADDITION IS GOING TO BE?
>> 20 BY 20. OKAY. SO THERE IS A LITTLE BIT OF A DIFFERENCE IN [OVERLAPPING]
>> THE PATIO, IS IT JUST LIKE PAVERS?
>> THIS IS PAVERS. YES. [INAUDIBLE]
>> THERE'S REALLY NOT A BETTER OPTION C.
>> AND THE CURRENT LAYOUT. IS THAT THE CURRENT LAYOUT THAT'S MAPPED OUT? SO YOU HAVE LIKE AN OFFICE, IS THAT A GREAT ROOM, A KITCHEN, A DINING ROOM, AND THEN, CLOSET AREA.
I MEAN, I WAS LOOKING AT IT HERE AS WELL.
>> HOW MANY PEOPLE LIVE THERE?
>> ABOUT THREE. [INAUDIBLE] SEPTEMBER 2024.
I'M SEEING DINING, KITCHEN, GREAT ROOM, OFFICE DEN.
AND THAT'S WHERE ARE THE BEDROOMS THEN?
>> OH, YOU HAVE SOME UPSTAIRS AREA?
>> I SHOULD HAVE READ THAT A LITTLE BIT BETTER. NOW I SEE IT.
SO YOU'VE GOT HOW MANY BEDROOMS UPSTAIRS? JUST ONE. IS IT LIKE A CAPE THING? IS IT GOT DORMERS ON IT?
>> PERFECT. AND THERE WON'T BE ANY ADDITIONAL BATHROOMS OR ANYTHING ELSE ADDED.
>> I WANT TO JUST READ THE APPLICATION.
>> I THINK THAT'S PROBABLY WISE JUST SO THAT IT'S ON THE RECORD. I WOULD URGE YOU TO DO THAT.
AND I DON'T KNOW IF YOU HAVE A COPY TO READ FROM, OR IF YOU WANT, WE CAN PULL IT UP.
MAYBE KATHERINE CAN PULL THAT UP.
>> IT'S JUST WHAT YOU PUT ON YOUR APPLICATION.
>> THEN THAT WAY WE'RE HITTING ALL THE POINTS, AND THEN WE CAN ADDRESS IT ONCE WE DECIDE IF WE HAVE ANY OTHER QUESTIONS FOR YOU.
THIS IS YOUR FIRST RODEO. WE'VE DONE THIS A FEW TIMES.
>> NO, ACTUALLY, DOWN WHERE IT SAYS, I'M SORRY.
I'M TRYING TO READ ALONG WITH YOU, BUT LET'S SEE, THERE YOU GO.
JUST START WITH THAT AND THEN I WOULD FOLLOW THROUGH.
JUST HIT EACH POINT AND THEN GIVE YOUR RESPONSE. HOW ABOUT THAT?
>> EXPLAIN HOW DISTRICT APPLICATION ZONE IS NECESSARY.
THE HOUSE WAS BUILT IN 1975, BEFORE THE RICK WENT INTO EFFECT.
EXPLAIN HOW THE ABOVE HARDSHIP IS A RESULT OF SPECIAL CONDITIONS AND CIRCUMSTANCES NOT GARWLY SHARED BY OTHER PROPERTIES IN THE SAME ZONING DISTRICT OR IN THE SAME NEIGHBORHOOD, AND IT IS PECULIAR TO THE PROPERTY STRUCTURE OR BUILDING FOR WHICH THE VARIANCE IS REQUESTED.
MOST HOUSES WERE NOT BUILT WITHIN 100 FOOT OFFER.
ALSO, MOST HOUSES ARE BUILT LARGER THAN 1,200 SQUARE FEET WITH MORE THAN ONE BEDROOM.
AND AGAIN, THE HOUSE BUILT IN 1975, EXPLAIN HOW THE GRAIN OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING CHAPTER AND WILL NOT BE [INAUDIBLE] TO AN ADJACENT PROPERTY, THE CHARACTER OF THE NEIGHBORHOOD OR PUBLIC WELFARE.
THE HOUSE IS BUILT ON 4.5 ACRES OF LAND.
IT WON'T HAVE ANY EFFECT ON ANY WELFARE.
MOST PEOPLE DON'T EVEN KNOW THE HOUSE EXISTS.
EXPLAIN HOW THE CURRENT SITUATION OR INTENDED USE OF THE PROPERTY CONCERN IS NOT SO GENERAL OR REFERRING TO A NATURE AS TO MAKE PRACTICAL A GENERAL AMENDMENT TO THE ZONING CHAPTER.
WELL, TODAY, THE HOUSE WOULD HAVE BEEN BUILT.
ONCE AGAIN, THE HOUSE WAS [INAUDIBLE]?
>> I FIGURED IT WAS SOME KIND OF A WATER COTTAGE PLACE FOR PEOPLE TO HANG OUT OCCASIONALLY.
>> EXPLAIN HOW THE VARIANCE IS NEEDED IN ORDER TO HANG ON TO THE HOUSE.
[00:15:03]
>> IS THERE ANY FINANCIAL HARDSHIP AS A RESULT OF STRICT ENFORCEMENT OF ZONING REGULATIONS THAT IS EXPLAINED.
THE PROPERTY VALUE IS BEING LIMITED BY ONLY BEING A ONE-BEDROOM HOME.
WHEN I BOUGHT IT, I DIDN'T HAVE ANY CHILDREN.
I CAN'T IMAGINE ANYONE WITH CHILDREN OR BIGGER FAMILY WHO WOULD WANT THE HOUSE AS A ONE-BEDROOM.
EXPLAIN HOW DRAINING OF THE VARIOUS PULL UP ADVERSELY AFFECT THE WATER QUALITY OR ADVERSE IMPACT FISH, WILDLIFE, PLANT A WITHIN THE CRITICAL AREA AND WILL BE IN HARMONY WITH GENERAL SPIRIT OF INTENT OF THE CRITICAL AREA OF.
THERE ARE NO TREES THAT NEED TO BE REMOVED.
THERE'S CURRENTLY A STONE PATIO THERE.
THERE'S REALLY NOTHING TO CHANGE.
WHEN I WROTE THIS APPLICATION THAT I'D BE WILLING TO UPGRADE MY SEPTIC, AND I STAND BY THAT ONCE I GOT APPROVED FOR FOUR-BEDROOM APARTMENT.
HOW LITERAL INTERPRETATION OF THE LOCAL CRITICAL AREA PROGRAM WOULD DEPRIVE THE APPLICANT OF USE OF LAND OR STRUCTURE PERMITTED TO OTHERS IN ACCORDANCE WITH PROVISIONS OF THE LOCAL CRITICAL AREA PROGRAM.
ONCE AGAIN, THE WHOLE HOUSE IS A BUFFER.
>> YEAH. THAT'S PRETTY MUCH THE THING. THAT'S THE THING.
>> THE SAME THING FOR J. IT'S IN THE BUFFER.
>> WELL, I THINK THAT'S GOOD. I THINK THAT HELPS OUT.
>> NO. [LAUGHTER] IT'S DEFINITELY THAT'S WHY YOU'RE HERE.
I THINK I APPRECIATE YOU HANGING OUT AND GIVING US THAT LITTLE BIT OF INFORMATION FOR THE RECORD.
THANK YOU. ANYBODY HAS ANY QUESTIONS ABOUT IT?
>> I DON'T HAVE QUESTIONS, BUT I'D JUST LIKE TO HEAR THE NEIGHBOR.
>> DEFINITELY. DO YOU HAVE ANY QUESTIONS, ERIC?
>> NOT RIGHT NOW. YOUR NEIGHBOR IF YOU'D LIKE TO COME.
>> [OVERLAPPING] JUST ONE QUESTION FOR YOU, SIR.
DID YOU PUT THE PATIO ON, OR WAS THAT PART OF THE ORIGINAL BUILD IN 1975?
>> I HAD THE PATIO PUT ON. PRIOR TO I GUESS THE 1990.
>> NO. THAT'S OKAY. I JUST WAS CURIOUS.
>> I DIDN'T KNOW FOR UNFINISHED SPACE.
>> [OVERLAPPING] OR YOU JUST PUT IT IN.
>> FEEL FREE TO IF YOU WANT TO COME UP, YOU'D HAVE TO COME UP TO THE MIKE SO WE CAN HEAR YOUR VOICE.
THEN JUST STATE FOR THE RECORD WHO YOU ARE, AND ARE YOU IN FAVOR OF THIS OR OPPOSED TO IT? I'M ASSUMING IN FAVOR, BUT I DON'T WANT TO MAKE AN ASSUMPTION.
WOULD YOU MOVE IN ABOUT 15 YEARS AGO?
>> COULD YOU DIRECT THAT, MICHAEL?
>> WHEN TOWER MOVED IN, THE HOUSE WAS IN, I DON'T KNOW.
MAYBE NOT TEARDOWN CONDITION, BUT PROBABLY PRETTY CLOSE TO TEARDOWN CONDITION.
DURING THAT TIME, TOWER HAS BEEN A GOOD STEWARD OF THE LAND.
HE HAS FIXED THE HOUSE UP TO BE ONE OF PROBABLY THE NICEST HOUSES ON THAT LANE.
FOR THOSE OF YOU WHO DON'T KNOW TOWER'S WHARF ROAD, IT'S A LITTLE DIFFERENT BACK THERE.
WE HAVE FOLKS AT ALL ENDS OF THE SOCIOECONOMIC SPECTRUM.
SAYING IT KINDLY. TOWER, HE'S JUST A GOOD GUY TO HAVE NEXT DOOR.
TO BE HONEST WITH YOU, IF HE PROBABLY DOESN'T GET APPROVAL FOR THIS, I'M NOT SPEAKING FOR HIM, BUT IT'LL MAKE HIM VERY DIFFICULT TO STAY THERE IN A ONE BEDROOM HOUSE WHEN YOU NEED TWO BEDROOMS. I DON'T SEE WHERE ANYTHING HE IS GOING TO DO IS GOING TO BE DETRIMENTAL TO WILDLIFE, THE WATERFRONT, ANYTHING.
PROBABLY THE MOST DETRIMENTAL THING THAT'S HAPPENED IN THE LAST COUPLE OF MONTHS DOWN THERE IS SOMEBODY TOOK AN OLD DUCK BLIND AND REDID IT, AND NOW IT SOUNDS LIKE A WAR ZONE, ON A REGULAR BASIS.
BUT BEYOND THAT, I WOULD ASK YOU TO GIVE STRONG CONSIDERATION TO HIS APPROVAL.
>> THANK YOU VERY MUCH. I APPRECIATE THAT.
>> ANYBODY HAVE ANY QUESTIONS?
>> WELL, IF YOU HAVE ANYTHING FURTHER YOU'D LIKE TO ADD BEFORE YOU CLOSE, YOU CAN ADD ANYTHING ELSE YOU'D LIKE. IF THERE'S ANYTHING ELSE YOU'D LIKE.
I THINK YOU PRETTY MUCH HAVE GIVEN US THE IDEA THAT YOU'RE IN 100 FOOT BUFFER WHOLE HOUSE IS.
WE UNDERSTAND THAT. I THINK WE'VE GOT THE IMAGE IN OUR BRAIN. YES.
>> I JUST ASKED FOR SITUATION.
I BOUGHT AS WELL IN MY 20S AND DIDN'T KNOW WHAT I HAD PURCHASED QUITE FRANKLY.
I'D LIKE TO ADD ON AND RAISE A FAMILY.
>> I UNDERSTAND. THANK YOU. I APPRECIATE THAT.
>> I DO BELIEVE THAT IF THE BOARD SHOULD DECIDE TO GRANT THIS,
[00:20:04]
THERE'S GOING TO BE SOME MITIGATION BECAUSE I BELIEVE WHAT I DID READ IN THE PACKAGE WAS THAT OBVIOUSLY IN THE 100 FOOT, SETBACK AREA AND WHATNOT, THAT MITIGATION IS REQUIRED.BUT THAT A DOUBT, YOU WILL HAVE TO DO SOME VARIANCE.
>> FOR VARIANCE IT'S A 3-1 RATIO.
SQUARE FOOT. HE'S LIKE, WHAT'S THE 400 SQUARE FOOT.
>> JUST WANTED TO MAKE SURE THAT YOU WERE AWARE OF THAT AS WELL.
WELL, WITHOUT FURTHER ADO, I THINK WE CAN BEGIN OUR DELIBERATION, SINCE I DON'T THINK THERE'S ANYTHING ELSE WE NEED TO, AND IF WE NEED CLARITY ON SOMETHING WE WILL ASK, BUT FOR NOW, WE'RE GOING TO GO AHEAD AND DELIBERATE.
>> DO WE GOT TO DO ANY OF THE CODE STUFF?
>> WELL, WE'LL COVER IT. YEAH, WE'LL COVER IT. LET'S SEE.
HERE WE GO. FIRST OF ALL, THE APPLICATION, OBVIOUSLY HAS BEEN SUBMITTED AND SIGNED, AND THAT WOULD BE EXHIBIT NUMBER 3.
THAT'S BEEN HANDLED. NUMBER 2, THE PUBLIC HEARING ADVERTISEMENT, AND NEWSPAPER AD, AND ALL OF THAT WAS DONE ACCORDING TO EXHIBIT 13, AND IT WAS ADVERTISED 1105 AND 1112.
>> PUBLIC. DID I SAY EXHIBIT 1?
>> EXHIBIT 1. SORRY. THE SIGN ON THE PROPERTY WAS EXHIBIT 13.
MY MISTAKE. YES. EXHIBIT 1. THANK YOU.
THEN WE GO ON TO, WHAT ABOUT ZONING SETBACK REQUIREMENT FOR THE STRUCTURE? IS THERE A ZONING SETBACK REQUIREMENT FOR THIS? THEY'RE WITHIN THE SETBACKS ON THAT.
THE PROBLEM IS THE CRITICAL AREA ISSUE.
WE'RE COMPLETELY THAT'S A NEGATED SITUATION.
HOW WOULD THE STRICT APPLICATION OF SUCH REQUIREMENT POSE A PRACTICAL DIFFICULTY TO THE OWNER OF THE PROPERTY? WELL, IT SEEMS LIKE THAT WAS ALL PRETTY WELL FIGURED OUT ACCORDING TO HIS TESTIMONY ABOUT ONE BEDROOM HOUSES, THAT'S JUST NOT YOUR STANDARD, AND THE 100 FOOT BUFFER? THE HOUSE BEING COMPLETELY IN THE BUFFER IS ALSO NOT SOMETHING THAT YOU TYPICALLY FIND.
I THINK BOTH OF THOSE MAKE IT, LIKE, VIRTUALLY IMPOSSIBLE TO FIND ANOTHER RESOLUTION.
>> IT IS A 1100 SQUARE FOOT HOUSE, SMALL.
THE ROOMS ARE OBVIOUSLY SMALL AND THE LAYOUT.
>> YEAH. ANYTHING FURTHER TO ADD ON THAT?
>> NUMBER 5, IS SUCH DIFFICULTY A RESULT OF SPECIAL CONDITIONS AND CIRCUMSTANCES NOT GENERALLY SHARED BY OTHER PROPERTIES IN THE SAME ZONING DISTRICT OR IN THE SAME NEIGHBORHOOD, AND IS IT PECULIAR TO THE PROPERTY STRUCTURE OR BUILDING FOR WHICH THE VARIANCE IS REQUESTED? WELL, AGAIN, I'M NOT SURE ABOUT THE REST OF THE HOUSES IN THE AREA, BUT I'M ASSUMING THAT MOST OF THOSE STRUCTURES THAT WERE OLDER ARE GOING TO PROBABLY HAVE BEEN BUILT WAY BACK THEN AS WELL. I DON'T KNOW.
>> I THINK WHAT THE NEIGHBOR SAYS, THERE'S PROBABLY SOME REALLY FANCY HOUSES AND BIG HOUSES DOWN THERE.
>> THEN THERE ARE SOME THAT ARE A LITTLE LESS.
>> IT WAS BUILT BEFORE THE CRITICAL ERA. 1990.
>> PRIOR TO 1990 IS WHEN WE STARTED DOING ALL OF THAT.
I GUESS I'LL ADD TO IT, LIKE, HE BOUGHT IT TO FIX IT UP, AND NOW HIS FAMILIES EXPANDED.
>> YES. NOT MANY PEOPLE HAVE ONE BEDROOM HOUSES, YES.
IS THE DIFFICULTY THE RESULT OR THE CONDUCT OF THE APPLICANT OR THE APPLICANT'S PREDECESSOR AND INTEREST? WELL, AGAIN, HE BOUGHT IT BEYOND THE TIME THAT WAS BUILT.
WHEN IT WAS BUILT, IT WAS WITHIN THE GUIDELINES FOR THAT ERA.
IT IS NO LONGER THAT, BUT THIS IS THE ONLY WAY OUT FOR THEM IS TO ASK FOR US TO APPROVE IT. I GET IT.
>> WHAT'S THE DATE YOU BOUGHT THE HOUSE?
>> WE'LL SAY HE BOUGHT THE HOUSE IN 2012?
>> IS THE VARIANCE GRANTED THE MINIMUM NECESSARY TO AFFORD RELIEF? WELL, MINIMUM NECESSARY IS ALWAYS A BIG ISSUE.
THE FACT OF THE MATTER IS, IT'S GOING TO SIT ON THE BOX THAT'S ALREADY THERE.
>> I FEEL LIKE IF WE'RE GOING TO SAY MINIMUM NECESSARY, WE SHOULD REALLY SAY, LET'S NOT GO BEYOND.
>> BEYOND THE FOOTPRINT THAT'S ALREADY GOT.
>> BACK TO LAST MONTH, WHERE WE ALLOWED THAT.
>> THIS IS THE PAD WE'RE GOING VERTICAL.
>> WE'RE GOING EXACTLY WHAT'S DISTURBED.
IF THAT'S AN ISSUE, THEN, THAT MAY BE SOMETHING WE MAKE A CONDITION OF.
>> THAT'S UP TO YOU, BUT FEEL LIKE, ANYTHING I FEEL LIKE THE 20 * 20.
[00:25:02]
[OVERLAPPING] IS A BIG BEDROOM, BUT IF YOU PUT A BIG BED IN SOME FURNITURE AND YOU BECOME HANDICAPPED. IT'S GOING TO BE TIGHT.>> I'M TALKING ABOUT 16 SQUARE FEET.
I MEAN, BUT THAT'S A LOT. THAT IS A LOT.
>> THE ONLY THING. WHAT BOTHERS ME IS I WAS HOPING THAT THAT PATIO WAS THERE IN 1975 AND NOT.
>> I KNOW WHAT YOU'RE SAYING. I FEEL THAT SAME WAY, TOO, BUT THERE'S NO WAY HE CAN'T DO ANYTHING ON THE HOUSE?
>> COMING THROUGH US. IT'S NOT LIKE THERE'S TWO OR THREE BEDROOMS. THIS IS JUST ME TALKING. ONE PERSON.
YEAH, THIS ISN'T LIKE WE HAVE A FOUR BEDROOM HOUSE, WE WANT A FIFTH, OR WE NEED TO HAVE AN AREA BECAUSE WE WANT TO SIT AND ENJOY THE WATERFRONT, AND IT'S JUST FOR OUR PLEASURE.
IT'S A ONE. THERE'S A DIFFERENCE.
>> THAT'S NOT LIKE YOU HAD. YOU GOT ONE BEDROOM. THAT'S NOT.
>> NOT CLARITY ON, IS THAT CONSIDERED IMPERVIOUS ONCE YOU PUT THOSE PAPERS DOWN? IS THAT NOW IMPERVIOUS AREA? THAT WHAT CLARIFIED AS.
>> THE FACT HOWEVER HE DID IT, AND I DON'T THINK THERE WAS ANY MALICE, LIKE YOU SAID.
>> I DIDN'T UNDERSTAND THAT THAT WAS AN ISSUE AT THE TIME, AND, I THINK MANY PEOPLE ARE IN THAT SAME BOAT.
I DO UNDERSTAND HOW THAT HAPPENED, AND BECAUSE IT HAPPENED SO LONG AGO, IT'S THERE NOW. THE POINT IS IT'S THERE.
I'M THINKING THAT, I WOULD PREFER TO SEE IT BE IDENTICAL TO WHAT YOU HAVE VERSUS GIVING YOU 20 * 20, BECAUSE I FEEL LIKE THE CRITICAL AREA LAW IS VERY SPECIFIC.
YOU KNOW WHAT I MEAN? THAT'S MY ISSUE.
>> THAT'S WHAT I WAS LEANING TO BECAUSE LIKE I SAID, I'M THINKING BACK TO CASE LAST MONTH, VERY SIMILAR.
WE'RE BUILDING UP ON THAT EXISTING, WE'RE NOT GOING OUT. I HAVE A PROBLEM WITH THAT.
>> BUT I'M NOT ARGUING WITH YOU.
>> I UNDERSTAND THAT 20 * 20 MAKES MORE SENSE BECAUSE IT'S AN EVEN SHAPE.
HE'S GETTING MORE THERE, BUT I THINK NOT ADDING MORE TO IT FOLLOWS THE LETTER OF THE LAW A LITTLE BIT MORE SPECIFICALLY IN MY OPINION.
THAT'S AGAIN, THIS IS SOMETHING WE'LL TALK MORE ABOUT.
WE CAN MOVE ON AND WE'LL COME BACK TO THAT.
>> IS THE GRANTING OF THE VARIANCE IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING CHAPTER AND WILL NOT BE INJURIOUS TO ADJACENT PROPERTY.
WELL, BY THE TESTIMONY OF YOUR NEIGHBOR, THAT'S PRETTY CLEAR THAT HE'S NOT ONLY GOING TO NOT EVEN HARDLY VISIBLE TO ANYBODY, AND JUST YOU AND YOU'RE VERY PLEASED WITH WHAT HE'S DOING, BECAUSE HE'S IMPROVED THE PROPERTY TREMENDOUSLY.
THAT'S LOVELY. I DON'T THINK THAT THERE'S ANY REAL SPECIFIC.
YOU'VE ALREADY DEALT WITH THE ISSUE OF THE SEWAGE RESERVE AREA AND ALL OF THAT, BECAUSE WHEN YOU ADD A BEDROOM, THAT'S AN ISSUE.
THAT'S ALREADY BEEN DONE. I FEEL LIKE THAT ONE IS A MY BRAINER.
>> TO ME, I MEAN, THEY SAID THAT THE PROPERTY ACTUALLY WAS INCREASED BECAUSE HE FIXED IT UP.
>> YEAH, OF COURSE. IS THE CONDITION SITUATION OR INTENDED USE OF THE PROPERTY CONCERN NOT SO GENERAL OR RECURRING OF A NATURE TO MAKE PRACTICABLE A GENERAL AMENDMENT TO THE ZONING CHAPTER? NO, YOU DON'T HAVE HOUSES FULLY IN THE ZONING CHAPTER ON EVERY OTHER LOT EVERYWHERE.
IT'S JUST NOT GOING TO BE THE CASE.
THIS IS VERY UNUSUAL HAVING BEEN BUILT IN 1975.
TEN. IS THE PROPERTY WITHIN THE CRITICAL AREA? YES. OBVIOUSLY, WE KNOW THAT.
THERE'S ALWAYS THE IDEA THAT, YES, YOU WILL IMPACT THE NATURE OF DOING SOMETHING IS IMPACTFUL.
BUT WE'RE GOING TO HAVE TO OBVIOUSLY ALLOW THAT THERE WILL BE SOME MITIGATION THAT YOU'RE GOING TO HAVE TO DO WITH REGARDS TO THAT.
FINANCIAL HARDSHIP, OBVIOUSLY, THE BURDEN IS, GO OUT AND TRY TO BUY A HOUSE RIGHT NOW, AND HOW EXPENSIVE IT IS.
THAT WOULD BE A HUGE BURDEN TO GO CURRENTLY IN THIS MARKET TO TRY TO DUPLICATE SOMETHING THAT YOUR FAMILY COULD DO IN THE SAME SITUATION.
I THINK THAT WOULD PROBABLY BE MY TAKE ON IT, ALTHOUGH YOU DIDN'T BRING THAT TO ANYBODY'S ATTENTION.
AT THE END OF THE DAY, THE HARDSHIP IS LIVING IN A ONE BEDROOM HOUSE WITH A CHILD IS GOING TO BE TRICKY.
>> I WAS GOING TO SAY THE HARDSHIP WITH ONE BEDROOM.
>> THE VALUE. THE VALUE ISN'T GOING TO BE THERE EITHER. YOU'RE RIGHT.
>> IT'S A STRUGGLE. I DEFINITELY THINK THERE MIGHT BE SOME ISSUES FOR SOME CONDITIONS.
WHAT DO WE THINK? ANYBODY WANT TO GO INTO A LITTLE BIT FURTHER ABOUT THE SIZE OF THE BEDROOM? DO WE JUST WANT TO TAKE A VOTE ON IT? WHAT DO YOU WANT TO DO?
>> I MEAN, I KNOW YOU'RE SAYING, 16 SQUARE FEET.
>> IF YOU TALK 24 * 16 VERSUS 20 * 20.
>> WHICH IS CRAZY IF YOU MOVE THE FOUR FOOT FROM THE ONE SIDE,
[00:30:03]
AND BOD ON THE OTHER SIDE IS 20 * 20, BUT IT DON'T THE MATH DOESN'T.>> ONLY THING I LIKE IS HE'S MOVING BACK.
YOU KNOW, IT'S LIKE WHEN THEY MOVE BACK AWAY FROM THE WATER A LITTLE BIT.
>> NO, I AGREE WITH YOU THERE.
>> HOW STRONGLY DOES EVERYBODY FEEL ABOUT IT? DO YOU WANT TO SUGGEST OR? I I'M GOING TO LET YOU ROLL WITH IT.
YOU'RE THE MOTION MAKER. GO FOR IT.
>> I'M NOT MAKE COMMOTION, SO I COUNTING ON YOU.
>> I'M NOT OPPOSED TO IT BECAUSE WE DON'T SEE THIS ALL THE TIME. WE'RE A WHOLE [OVERLAPPING].
>> VERY RARELY DO WE SEE A WHOLE HOUSE.
>> I KNOW YOU BRING UP LAST MONTH. WE'RE NOT SUPPOSED TO BRING UP LAST MONTH.
BUT THAT WAS LIKE A FOUNDATION.
THEY'RE JUST GOING TO BUILD BACK ON TOP OF IT?
>> THAT'S A LITTLE DIFFERENT. I DON'T KNOW.
>> MATCHING. BUT THEY STAYED EXACTLY IN THAT FOOTPRINT INSTEAD OF GOING FURTHER ONE WAY OR FURTHER, THE OTHER WAY. I DON'T KNOW.
IF YOU WENT 24 BY 16, I DON'T WANT TO ASK IT.
BECAUSE THAT'LL ADD MORE TESTIMONY, SO I DON'T THINK THAT'S REALLY APPROPRIATE.
>> [LAUGHTER] I WOULD SAY THAT'S PROBABLY NOT LEGAL ADVICE.
I THINK YOU'RE FINE GOING EITHER WAY.
>> OF 20 BY 20 IS IT IS MOVING BACK FURTHER AWAY FROM THE WATER.
>> OKAY. THAT IS ONE ADVANTAGE. YOU'RE RIGHT.
THEN TO THE LEFT, YOU'RE TAKING FOUR FEET HERE, BUT THEN YOU'RE GIVING IT HERE.
>> I'M GOING TO LET YOU GUYS DECIDE.
>> JUST MAKE A MOTION AND LET'S ROLL.
MAKE A MOTION, AND THEN WE'LL GO FROM THERE.
IF THERE'S ANY OPPOSITION, WE'LL GO.
>> I MAKE THE MOTION TO APPROVE THE 2020 ADDITION FOR
[Motion on Variance No. 24-0046]
CASE NUMBER 24-0046 WITH THE FOLLOWING CONDITIONS.A BUILDING PERMIT AND/OR ZONING CERTIFICATE WILL BE REQUIRED PRIOR TO ANY PROPOSED DEVELOPMENT AND MUST BE ACCOMPANIED BY ALL NECESSARY DOCUMENTATION AND THE SITE PLAN REQUIREMENTS, INCLUDING A BUFFER MANAGEMENT PLAN.
THIS BOARD'S DECISION SHALL BE VOID ONE YEAR FROM THE DATE OF THE APPROVAL UNLESS A LAND PLAQUE IS RECORDED AND/OR ZONING CERTIFICATE OR BUILDING PERMIT IS ISSUED AND CONSTRUCTION HAS BEGUN IN ACCORDANCE WITH TERMS OF THIS DECISION.
>> OBVIOUSLY, WITH THAT IS THE CRITICAL AREA THING, WHICH IS ALL A PART OF THE APPLICATION.
>> YOU MEAN AS FAR AS THE MITIGATION?
>> THE THREE TO ONE MITIGATION THAT IS REQUIRED BY THE CRITICAL AREA WILL ALSO BE A PART OF OUR SPECIAL CONDITIONS.
I SECOND THE MOTION. ALL IN FAVOR?
WE APPRECIATE YOU COMING IN TONIGHT.
>> I THINK WE'RE GOING TO TAKE A FIVE-MINUTE BREAK BEFORE WE START OUR NEXT ONE.
IF ANYBODY NEEDS TO, WHICH I DO.
[00:38:47]
WE'RE GOING TO START OFF. EVERYBODY HERE, THAT'S ON THE CASE.SIT WHERE YOU'RE COMFORTABLE. WE KNOW YOU KNOW THE ROUTINE.
IT'S NOT YOUR FIRST RODEO, EITHER.
>> THAT ONE MIGHT BE ON THE SIDE?
>> MATT, DO YOU KNOW HOW TO TURN THAT ONE?
>> I THINK IT'S THE ONE ON THE SIDE.
>> YEAH, I THINK IT WAS ON THE SIDE.
>> I THOUGHT WE FIGURED IT OUT THE [OVERLAPPING].
>> [LAUGHTER] WHO WILL MAKE IT WORK? [BACKGROUND].
>> I'M GOING TO GO AHEAD AND READ THE NOTICE OF PUBLIC HEARING FOR THE NEXT CASE.
[00:40:04]
>> I WILL. AS SOON AS I READ IT. I WILL.
NOTICE IS HEREBY GIVEN THAT THE CAROLINE COUNTY BOARD OF ZONING APPEALS WILL HOLD A PUBLIC HEARING ON NOVEMBER 18TH TONIGHT, AND THE APPLICATION NUMBER IS 24-0046.
I'M ON THE WRONG ONE. GOODNESS SAKES.
YOU KNOW WHAT? GIVE ME A MINUTE.
I WASTRYING TO GET DOWN TO PAGE 25C.
WHY IS IT NOT GOING THERE? NO, IT'S NOT. YEAH, SCROLL DOWN BY HAND. THAT'S WHAT IT IS.
THIS DUMB COMPUTER. SORRY, GUYS.
BEAR WITH ME. OH, WAIT. I THINK I JUST PASSED.
THERE WE GO. LET ME REPHRASE THAT.
IT IS APPLICATION NUMBER 250018,
[Old Town Materials LLC - Special Use Exception No. 25-0018]
A REQUEST BY OLD TOWN MATERIALS LLC FOR A SPECIAL USED EXCEPTION FOR A 9.35 ACRE EXPANSION OF THE EXISTING 81.57 ACRE MINE TO TOTAL A 90.92 ACRE MINE.SAID PROPERTY IS LOCATED AT 26047 BRIDGETOWN ROAD IN GOLDSBORO, MARYLAND, AND IS FURTHER DESCRIBED AS TAX MAP 10, GRID 18 PARCEL 14, AND IS OWNED BY FAULKNER ARES LLC.
MATT'S GOING TO DO THE BOARD EXHIBITS AND THE STAFF REVIEW.
AS SOON AS YOU'RE DONE WITH THAT, OR BEFORE YOU EVEN DO THAT, WOULD YOU HAVE AN ISSUE WITH BEN BUTLER, WHO WOULD LIKE TO RECUSE HIMSELF DUE TO THE FACT THAT HE IS CONNECTED TO TO THE [OVERLAPPING].
>> AT THIS POINT, HE'S GOING TO LEAVE, AND LAUREN IS GOING TO GO AHEAD AND JOIN US, AND WE APPRECIATE YOUR SERVICE THIS EVENING, BEN.
>> ALL RIGHT. THANK YOU, LAUREN.
>> THEN MARK CAN GO AHEAD AND DO THE SPECIAL USE EXCEPTION, ALL THE BOARD EXHIBITS AND NOTES.
>> EXHIBIT NUMBER 1 IS THE NOTICE PUBLIC HEARING, PUBLISHING THE TIMES RECORD ON NOVEMBER 5TH AND 12TH.
EXHIBIT NUMBER 2 IS THE STAFF REPORT.
EXHIBIT NUMBER 3 IS THE APPLICATION.
EXHIBIT NUMBER 4 IS THE PROJECT NARRATIVE.
EXHIBIT NUMBER 5 IS A ECONOMIC IMPACT STATEMENT.
EXHIBIT NUMBER 6 IS A TRAFFIC IMPACT ANALYSIS.
EXHIBIT NUMBER 7 IS A LANE ENGINEERING COMMENT RESPONSE.
EXHIBIT NUMBER 8 IS OFFICE PARKING LAYOUT.
EXHIBIT NUMBER 9 IS THE SITE PLAN SET.
EXHIBIT NUMBER 10 IS THE REAL PROPERTY DATA SHEET AND TAX MAP.
EXHIBIT NUMBER 11 IS THE AERIAL OVERLAY.
EXHIBIT NUMBER 12 IS THE ERA OF THE SURROUNDING AREA.
EXHIBIT NUMBER 13 IS THE ADJOINING PROPERTY OWNER AFFIDAVIT.
EXHIBIT NUMBER 14 IS THE SIGN POSTING AFFIDAVIT AND PHOTOS, AND EXHIBIT 15 IS THE APPLICANT NOTICE.
OF THAT, I'LL GET INTO MY STAFF REPORT.
THE APPLICANT, OLD TOWN MATERIALS, HAS FILED A SPECIAL USE ON BEHALF OF THE FAULKNER HEIRS.
IT'S A APPLICATION THAT'S AN EXPANSION OF EXISTING GRAVEL PIT, THE APPLICATION IS AN EXPANSION OF 9.35 ACRES, THIS IS A PIT THAT WAS APPROVED IN 2017 PRIOR TO OUR CURRENT REGULATIONS.
AT THE TIME, THE 200 FOOT SETBACK REQUIREMENT WAS NOT IN THE REGULATIONS.
BECAUSE THIS PROPOSED EXPANSION AREA DID NOT FALL UNDER THE PREVIOUSLY ISSUED MD MINING PERMIT, THE EXPANDED AREA HAS TO COMPLY WITH THE NEW REGS.
ONE OF THE ISSUES IS THE 200 FOOT SETBACK REQUIREMENT.
THEY HAVE REQUESTED A SETBACK MODIFICATION TO THAT REQUIREMENT.
BASICALLY, THE NEW DISTURBANCE WOULD ONLY BE 01,287 SQUARE FEET WITHIN THE 200 FOOT BUFFER.
THAT'S ONLY IN AN AREA WHERE THEY'RE BASICALLY TRYING TO TIE INTO WHAT WAS ALREADY APPROVED FOR CONTOURS.
TOTAL RESULTS IS 4,062 SQUARE FEET, SO IN THE GRAND SCHEME OF THINGS, IT'S A VERY MINOR INSTANCE OF DEVELOPMENT AS PART OF THAT MINE WITHIN THE 200 FOOT SETBACK.
THAT'S THE ONLY CONCERN THAT STAFF HAS HAD.
THE SETBACK MODIFICATION REQUEST WAS ALSO HEARD BY THE PLANNING COMMISSION.
ON OCTOBER 9, THEY HELD THEIR PUBLIC MEETING, AND THEY GRANTED A PLIMINARY SITE PLAN APPROVAL WITH A POSITIVE RECOMMENDATION OF THE 200 FOOT SETBACK REDUCTION.
WITH THAT, I DON'T HAVE ANYTHING ELSE ON MY STAFF REPORT.
I CAN CERTAINLY ANSWER ANY QUESTIONS.
>> I'M SURE ANN IS GOING TO GIVE US A VERY ACCURATE AND GOOD DEPICTION,
[00:45:02]
AND I DON'T THINK WE'LL BE HAVING ANY PROBLEMS MOVING FORWARD.I WOULD LOVE TO THOUGH REALLY QUICKLY, GET THE OATH TO EVERYBODY WHO'S GOING TO SPEAK.
THAT'S TO EVERYBODY WHO'S IN THE BACKGROUND HERE, ANYBODY AT ALL, BUT IF YOU WOULD ALL JUST RAISE YOUR RIGHT HAND, DO YOU HEREBY SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE STATEMENT YOU MAKE AND THE TESTIMONY YOU GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
THEN IF YOU WOULD, STARTING HERE, GO AHEAD AND STATE YOUR NAME FOR THE RECORD AND YOUR ADDRESS, EACH OF YOU?
>> CHERYL TONY WITH LANE ENGINEERING, 311 OAKLEY STREET, CAMBRIDGE, MARYLAND 21613.
>> OGLE TREE, 118 MARKET STREET, DENTON, MARYLAND.
>> FRANCIS GARDNER, OLD TOWN MATERIALS, LLC 2124, PRIEST BRIDGE DRIVE, CROFTON, MARYLAND.
>> KELLY TOWERS, 15441 WOOD ROAD, MARYLAND.
>> THANK YOU VERY MUCH. I APPRECIATE THAT.
>> MISS HARDY, I'D LIKE TO ASK CHERYL, TELL ME TO GIVE THE BOARD AN OVERVIEW OF WHY WE'RE HERE AND WHAT THE CONCERNS ARE AND WHY WE'RE PICKING UP A LITTLE NINE ACRE PIECE IN THE MIDDLE OF A PROPERTY.
>> THANK YOU, ANN. WE LOOK FORWARD TO HEARING IT.
I WAS THE DESIGN DRAFTER FOR THIS PROJECT AT LANE ENGINEERING SO IF YOU HAVE ANY SPECIFIC QUESTIONS, I'D BE HAPPY TO HELP YOU.
THIS IS CURRENTLY WE'RE BRINGING PHASE 3 OF THIS MINE TO YOU.
OBVIOUSLY, MATT DID A GOOD JOB EXPLAINING HOW THE PROJECT HAS ALREADY BEEN APPROVED AND IS AN EXISTING MINE FOR PHASE 1 AND PHASE 2, BRINGING THE TOTAL ACREAGE OF THE MINING PERMIT AREA TO 81.57 ACRES.
WE ARE ASKING FOR PHASE 3, WHICH IS 9.35 ACRES.
JUST COVERING A MIDDLE SECTION OF THE MINE, WHERE IS AN EXISTING AREA OF HOUSES, A HOUSE THERE, OLD DILAPIDATED HOUSE, AND SOME FARM BUILDINGS THAT HAVE JUST FALLEN INTO A STATE OF DISREPAIR.
>> THE MINES LOCATED AT THE INTERSECTION OF CHURCH LANE AND BRIDGETOWN ROAD AND DAVIS ROAD.
YOU CAN SEE A LITTLE BIT OF THE MINE AS YOU TRAVEL SOME OF THOSE ROADS JUST SOUTH OF THE TOWN OF GOLDSBORO.
THE WHOLE ROUTE FOR THE MINE IS EXISTING ALONG THE INTERSECTION OF MARYLAND ROUTE 313, GOLDSBORO ROAD, AND BRIDGETOWN ROAD.
THEN THEY'VE MADE IMPROVEMENTS INTO THE SITE.
THEY HAVE AN EXISTING COMMERCIAL ENTRANCE.
YOU WOULD TURN LEFT INTO THE SITE.
WHEN THE MINE WAS APPROVED IN 2018, THEY WERE REQUIRED TO MAKE IMPROVEMENTS TO BRIDGETOWN ROAD, WHICH AT THAT TIME WAS JUST A DIRT UNIMPROVED ROAD.
>> IT'S NOW 20 FEET WIDE TAR AND CHIP ROAD WITH SECTIONS OF NEAR IMPROVED TO A SHA STANDARD, AS WELL AS THE ENTRANCE IMPROVEMENTS AND A SIGN AT THEIR ENTRANCE, STATING THAT IT IS AN EXISTING MINE.
THE EXISTING TRUCKS TRAVEL ABOUT 100 LOADS A DAY, LEAVING THE SITE.
THERE IS A TRAFFIC IMPACT ANALYSIS INCLUDED IN YOUR PACKAGE THAT EXPLAINS THAT THERE'S NO CHANGE IN THE VEHICULAR TRAFFIC.
THERE'S NO CHANGE TO THE TIMING FOR THIS.
THIS IS JUST A SMALL AREA INTERIOR OF THE SITE, SO WE'RE NOT ASKING FOR ANY ADDITIONAL CHANGES.
THE MINING OPERATION CURRENTLY HAS HOURS MONDAY THROUGH FRIDAY FROM 6:00 AM-6:00 PM SATURDAY FROM 6:00 AM-2:00 PM AND IS CLOSED ON SUNDAY.
AGAIN, THERE'S NO CHANGES TO THE EXISTING HOURS.
SIX FOOT TALL LANDSCAPE BERMS ARE EXISTING AS A PART OF THAT ORIGINAL PHASES ALONG THE ROADWAYS, DAVIS ROAD AND BRIDGETOWN ROAD.
UNFORTUNATELY, DUE TO DROUGHT AND DEER DEPREDATION, SOME OF THE TREES HAVEN'T MADE IT.
AS A PART OF THESE PHASE 3 PLANS, WE'RE PROPOSING TO REPLANT THOSE TREES.
[00:50:03]
[BACKGROUND] IT'S DONE.THERE'S AN EXISTING WASH PLANT ON SITE THAT'S AT THE INTERIOR OF THE SITE.
MATERIAL IS MINED THROUGH A COMBINATION OF DRY MINING, AS WELL AS A DIESEL HYDRAULIC DREDGE THAT GO TO THE WASH PLANT, AND THEY PUMP SAND AND WATER TO THE WASH PLANT WHERE THEN IT'S SORTED.
LET'S SEE. WANT TO GO OVER THE AREA WHERE WE ARE PROPOSING THIS PHASE 3 AT.
ON OUR 2018 PLANS, THEY STATE THAT IT'S AN OWNER RESERVED AREA.
IT'S OVER TOP OF THE EXISTING DRIVEWAY, THE FARMHOUSE, AS WELL AS VARIOUS AG STRUCTURES.
AGAIN, THESE STRUCTURES ARE NOT IN THE BEST OF SHAPE.
WITH THE PERMISSION OF THE FAULKNER HEIRS AND THE APPLICANT, WE'RE PROPOSING THAT THE OWNER RESERVED AREA BE MOVED TO THE SOUTH OF THE MINE.
THAT AREA IS GOING TO BE MOVED DOWN THERE.
THEY'VE EXPRESSED INTEREST IN MAYBE PUTTING UP A POLE BARN.
WHERE THAT CURRENTLY WAS PHASE 3, WE ARE PROPOSING TO DEMO THE BUILDINGS, AS WELL AS THERE HAVE BEEN NOTES ADDED TO THE PLANS FOR APPROPRIATE WATER REMOVAL, WELL REMOVAL, AS WELL AS SEPTIC REMOVAL.
>> DO YOU WANT TO SHOW THAT. [OVERLAPPING].
>> JUST MAYBE KATHERINE CAN PULL THAT UP.
[OVERLAPPING] YOU JUST GIVE US A LITTLE BIT OF AN OVERVIEW OF WHERE THAT IS.
[OVERLAPPING] ON THE PLAN, THAT WOULD BE LOVELY.
>> THERE'S AN EXISTING CONDITION SHEET.
>> IF YOU CAN PULL UP OUR SITE PLANS.
>> I JUST FIGURED WHILE YOU WERE ON THAT SITE.
[OVERLAPPING] IT WOULD BE NICE TO JUST SEE IT.
>> ALL THE WAY UP IN THE TOP LEFT HAND CORNER OF THAT, HERE. EXISTING CONDITION SHEET.
THERE'S A LITTLE INSET THAT LOOKS AT THAT OWNER RESERVED AREA.
I THINK YOU NEED TO MOVE UP ONE OR IT'S.
THERE YOU GO. THERE'S A SMALL INSET RIGHT THERE IN THE LEFT HAND CORNER.
IF SHE CAN ZOOM INTO THAT A LITTLE BIT, YOU CAN SEE THE LANE COMING DOWN THROUGH THE MIDDLE OF THE PROPERTY, AND YOU CAN SEE THE OUTLINE OF THE VARIOUS AG STRUCTURES AND THE HOUSE.
[OVERLAPPING] BELOW THE DETAIL, WE'VE ADDED A NOTE THAT A LICENSED SEPTIC, AND A WELL DRILLER AS WELL WOULD BE IN CHARGE OF OVERSEEING DEMOLITION OF THOSE ITEMS.
>> THAT WAS JUST A QUESTION THAT I HAD JUST TO SEE IT VISIBLY. THAT'S FINE.
>> THE OBJECT IS TO USE ALL OF THE USABLE LAND WITHIN THE SITE FOR MINING.
SINCE THE HEIRS ARE OKAY WITH MOVING THEIR RESERVED AREA TO THE SOUTH OF THE SITE, AND WE DO SHOW THAT ON OUR PROPOSED PLANS, WHERE THAT WOULD BE AND THEY HAVE ROOM TO PUT IN A POLE BARN, ETC.
WE'RE TRYING TO THEN MINE WHAT'S LEFT OF THE PROPERTY ON THE INTERIOR AND DO THAT TO THE BEST OF THEIR ABILITY.
IN ORDER TO DO THAT, LIKE MATT TOUCHED ON, WE'RE ASKING FOR A [BACKGROUND] REDUCTION OF THE 200 FOOT SETBACK IN THAT AREA.
THE OVERALL AREA THAT GOES INTO THE 200 FOOT BUFFER THAT'S NEW DISTURBANCE IS JUST OVER 1,200 SQUARE FEET.
IN ORDER TO JUST GIVE A SMOOTH TRANSITION FOR THE MINING PIT, IT JUST USES UP ALL THE USABLE LAND ON THE INTERIOR OF THE SITE AND PROVIDES THAT SMOOTH TRANSITION.
IT'S STILL 72 FEET AWAY FROM THE PROPERTY LINE SO IT'S NOT COMING ANY FURTHER, AND IT'S ALSO SEPARATED BY THE EXISTING HALL ROAD.
THIS EXPANSION IS GOING TO ADD JUST OVER ONE YEAR TO THE LIFE OF THE MINE.
THE PLANS WERE APPROVED IN 2018, AND MINING IS ANTICIPATED TO CONTINUE INTO 2029.
THIS WILL ADD AN ADDITIONAL YEAR ONTO THE LIFE OF THE MINE.
[00:55:05]
AGAIN, THE TRAFFIC IMPACT STUDY, IF YOU LOOK AT THAT, IT'LL SHOW THAT THERE WILL BE NO INCREASE IN THE INTENSITY OF THE OPERATION PROPOSED SO THERE'S NO CHANGE IN THE VEHICULAR TRAFFIC TO AND FROM THE SITE.THERE'S ALSO ADDED TO YOUR PACKET A PROPERTY APPRAISAL BY TIDEWATER PROPERTIES APPRAISERS.
>> I BELIEVE IT'S CALLED THE ECONOMIC IMPACT STATEMENT. LITTLE MISLEADING.
>> THANK YOU. WHICH CONCLUDED THAT THE PROPOSED PROJECT WILL HAVE NO ADVERSE IMPACT ON THE VALUE OF THE ADJACENT PROPERTIES.
THE PROPOSED END USE OF THIS FACILITY WILL BE A LARGE POND, AN AREA FOR A HOUSE SITE WITH A DRIVEWAY TO BRIDGETOWN ROAD.
ULTIMATELY, THE EXPANSION IS GOING TO OCCUR ON THE INTERIOR OF THE SITE.
WHEN YOU'RE DRIVING ON DAVIS ROAD OR BRIDGETOWN ROAD, YOU'RE REALLY NOT GOING TO SEE A CHANGE ANYTHING THAT'S GOING TO HAPPEN, NO ADDITIONAL TRUCK TRAFFIC, NO CHANGE OF HOURS PROPOSED.
THE END USE IS STILL THE SAME.
ULTIMATELY, THIS MINE IN THIS LOCATION, WILL HAVE NO UNIQUE ADVERSE EFFECTS WHEN COMPARED TO OTHER MINES IN THE AREA. THANK YOU.
>> DO YOU HAVE ANY QUESTIONS FOR ME?
>> NO, I THINK IT SEEMS PRETTY CLEAR.
>> CHERYL, IN YOUR SUBMISSION OF THE PROJECT NARRATIVE, THAT'S ITEM NUMBER 4, THERE WAS A DISCUSSION OF THE ADDITIONAL INDUSTRIAL STANDARDS, WAS THERE NOT IN THE CONCERNING THE MINE?
>> CAN YOU TELL US WHAT THE REQUIREMENTS ARE AND WHETHER WE MEET THOSE REQUIREMENTS?
>> FIRST OF ALL, ARE THERE MORE THAN 500 EMPLOYEES?
>> NO, THERE'S LESS THAN 500 EMPLOYEES.
THERE'S ONLY 5-6 EMPLOYEES ON SITE.
[BACKGROUND] IT COMPLIES WITH THE SQUARE FOOTAGE OF BUILDINGS ALLOWED IN THAT AREA, WHICH ON THIS SITE, IT WOULD BE 500,000 SQUARE FEET.
THERE'S AN OFFICE ON SITE THAT'S ONLY 1,300 SQUARE FEET.
>> AGAIN, THE NUMBER OF EMPLOYEES IS LESS THAN 500, IT'S 5-6 EMPLOYEES WHO WORK THERE.
LIMITS OF OUTDOOR STORAGE WITHIN 500 FEET OF RESIDENTIAL ZONING DISTRICT ARE TO BE EFFECTIVELY SCREENED.
WELL WE TALKED ABOUT THE BERM.
THE WASH PLANT IS ON THE INTERIOR OF THE SITE SO IT'S OVER 1,500 FEET AWAY FROM ANY OF THE CLOSEST [OVERLAPPING] ADJACENT PROPERTIES.
OUTDOOR STORAGE IS NO CLOSER THAN 200 FEET TO THE PROPERTY LINE, AND THERE ARE NO RESIDENTIAL DISTRICTS NEAR THE SITE.
>> IT'S A RURAL ZONE. [OVERLAPPING]
>> IT'S A RURAL ZONING, AGRICULTURAL ZONING SURROUNDING IT.
LIMITS OF TYPE OF PRODUCTS MANUFACTURED ON SITE.
THE PROJECT COMPLIES WITH THE SECTION OF THIS CODE.
IT'S MINING, WE'RE NOT PROPOSING TO CHANGE THE TYPE OF PRODUCT MANUFACTURED THERE.
IT'S GOING TO CONTINUE TO STAY A SAND AND GRAVEL MINE.
>> IS THERE ANY STORAGE OF GASOLINE OR DIESEL ON SITE?
>> THERE'S NO STORAGE OF IT ON SITE, BUT EQUIPMENT IS FUELED WITH A MOBILE FUEL TRUCK THAT COMES UP AND DELIVERS AND FILLS THE VEHICLES.
>> I HAVE NO OTHER QUESTIONS OF MISS TONY. THE BOARD NOW.
>> IS THERE ANYBODY IN THE AUDIENCE THAT WOULD LIKE TO COME FORWARD. [OVERLAPPING].
>> OKAY. THAT'S WHAT I WAS SAYING.
I WASN'T SURE IF YOU WERE FINISHED OR I WAS LIKE, NO, I DIDN'T SUSPECT YOU WERE.
BUT ANYWAY, NO, THAT'S FINE, THEN.
AT THIS POINT, I DON'T HAVE ANY QUESTIONS, SO WE'RE JUST GOING TO LET YOU CARRY ON.
>> CALL MR. FRANCIS GARDNER, PLEASE.
>> MR. GARDNER, WOULD YOU PLEASE STATE YOUR POSITION WITH OLD TOWN MATERIALS LLC?
>> ONE OF THE MEMBERS OF OLD TOWN MATERIALS LLC.
>> ARE YOU FAMILIAR WITH THE SITE?
>> WILL YOU TELL US WHAT SURROUNDS THE SITE AT THE CURRENT TIME?
>> CURRENTLY ON ONE SIDE, WE'RE GOING TO PUT THE SITE PLAN ON. [OVERLAPPING]
>> [BACKGROUND] LET'S USE THE SAME EXISTING CONDITIONS.
[01:00:03]
>> DO YOU LIKE ME TO POINT IT OUT? [OVERLAPPING]
>> THAT WOULD BE GREAT. IF YOU SEE ONE YOU LIKE, THEN MAYBE SHE CAN ENLARGE IT A LITTLE. THERE YOU GO.
>> THIS IS THE BRIDGETOWN ROAD THAT WE IMPROVED THE ORIGINAL [OVERLAPPING] SPECIAL EXCEPTION.
THIS IS COOK'S TIRE OVER HERE AND THEY HAVE UPGRADED THEIR FACILITIES VERY NICE NOW.
>> THEY CONTINUE TO DO A NICE JOB THERE.
THAT'S AN MORE OF INDUSTRIAL SITE.
THIS IS CURRENTLY FARMED ON THIS SIDE, AND IT'S OWNED BY PARTNERSHIP WHICH WE'RE INVOLVED WITH AS WELL.
OVER ON THIS SIDE OF THE ROAD IS ALL THE SOLAR.
AND THEN EVEN GOOD FARMS AND THEN WE HAVE QUITE A WOOD LINE AND THEN THERE IS A RESIDENTIAL HOUSE FURTHER DOWN DAVIS ROAD.
>> THERE ANY ADJOINING RESIDENTIAL PROPERTY?
>> CAN YOU TELL US IF YOU WOULD WHERE THE BERMS RUN?
>> WHAT'S GOING ON WITH THE BLINKING?
>> THIS IS LIKE, WHAT THE HECK? I'M LIKE IT IS LIKE BLINKY BLINKY.
>> THE BURN GOES AROUND BY THE ENTRANCE WAY ON BOTH SIDES OF THE ENTRANCE WAY, AND THEN DOWN THE [INAUDIBLE] ROAD.
>> THE IMPROVEMENTS THAT WERE MADE, CAN YOU INDICATE WHERE THE FEW TREES THAT YOU HAD TO REDO OR WHATEVER? YOU SAID THAT'S BEEN COMPLETED?
>> I GOT SOME PICTURES I'LL SHARE WITH YOU.
>> THE TREES DOWN HERE WERE NOT HIT BY THE DEAR AND THE DISEASE OR WHATEVER [INAUDIBLE] AND DOWN ABOUT HERE.
>> I HAVE SOME PICTURES, I'LL JUST SHARE WITH YOU.
>> NOW, MR. GARDNER, HAVE YOU EVER HAD ANY PROBLEMS WITH FOLKS COMING ONTO THE PROPERTY TRESPASSING?
>> HAVE YOU EVER HAD OCCASION TO CALL THE POLICE BECAUSE OF ANY VANDALISM OR ANYTHING OF THAT NATURE?
>> HAVE YOU EVER HAD ANYBODY GET HURT ON THE SITE?
>> BASED ON THAT, DO YOU FEEL THERE'S ANY PROBLEM WITH THE PUBLIC HEALTH SAFETY OR WELFARE?
>> NO, MA'AM. WE HAVEN'T HAD ANY ISSUES.
>> OKAY. NOW, WITH RESPECT TO THE PROPERTY VALUES, HAVE YOU HAD AN OPPORTUNITY TO REVIEW EXHIBIT NUMBER 5, WHICH IS TITLED THE ECONOMIC IMPACT STATEMENT, WHICH IS AN OPS CREATED BY FITZ TURNER?
>> MR. TURNER IS HAPPILY SAILING DOWN THE DANUBE AT THE CURRENT TIME, SO HE'S NOT WITH US TODAY.
>> BUT DO YOU HAVE ANY REASON TO DISBELIEVE ANYTHING THAT HE SAYS?
>> HAVE YOU HAD ANY COMPLAINTS BY ANY OF YOUR NEIGHBORS ABOUT THE PROPERTY DETRACTING FROM THE VALUE OF THEIR PROPERTIES?
>> NOW, WITH RESPECT TO THE DEVELOPMENT IN THE AREA, WHAT TYPE OF DEVELOPMENT HAVE YOU SEEN IN THAT AREA?
>> THE ONLY NEW DEVELOPMENT WE'VE SEEN THERE IS THE SOLAR FORM, WHICH WE'RE SURROUNDED WITH THAT WHOLE LITTLE ONE MILE RADIUS, AND THEN THE IMPROVEMENT OF COOK'S TIRE WHERE THEY'VE IMPROVED THEIR FACILITY.
>> THERE'S NO PROBLEM WITH OTHER PEOPLE DOING WHAT THEY WANT ON THEIR PROPERTY, APPARENTLY?
>> NOW, YOU'VE SAID YOU'VE NEVER HAD ANY OCCASION TO CALL FOR POLICE OR FIRE PROTECTION?
>> WHERE IS THE NEAREST FIRE DEPARTMENT?
>> PROBABLY LESS THAN A MILE AS [OVERLAPPING].
>> THE ANSWER, YOU SHOULD SAY NOT TOO FAR.
>> I CAN SAY THE TOWER FROM THE FARM.
>> IS THERE ANYBODY RESIDING ON SITE?
>> THERE'S NO IMPACT ON PUBLIC SCHOOLS OR ANY OF THAT PUBLIC INFRASTRUCTURE?
>> YOU INDICATED THAT AS A RESULT OF THE INITIAL APPLICATION BACK IN 2018, YOU IMPROVED THE ROAD?
>> THAT WAS DONE THROUGH A DEVELOPMENTS RIGHTS AND RESPONSIBILITY AGREEMENT, WAS IT?
>> YES. IT'S CURRENTLY IN PLACE.
>> YOU'RE RESPONSIBLE FOR THAT ROAD?
>> NOW, WITH RESPECT TO THE HOURS OF OPERATION, IS ANYTHING GOING TO CHANGE?
>> WITH RESPECT TO THE NUMBER OF TRUCKS LEAVING THE PROPERTY, WILL THERE BE ANY CHANGES?
[01:05:01]
>> DO YOU HAVE ANY PROBLEM OR HAVE YOU HAD ANY PROBLEM WITH DUST LEAVING THE PROPERTY FROM YOUR OPERATION?
>> HAVE YOU HAD ANY PROBLEM WITH NEIGHBORS COMPLAINING ABOUT NOISE OR ANY SOUNDS LEAVING THE PROPERTY?
IS THERE ANY NIGHT LIGHTING WHICH WOULD ADVERSELY AFFECT OTHER PROPERTY?
>> NO, WE DON'T OPERATE IN THE EVENING.
>> OTHER THAN PERHAPS A [OVERLAPPING].
>> FLOOD LIGHT OR SOMETHING THAT COULD BE ON ONE OF THE TRAILERS THERE ON THE SCALE HOUSE.
>> THE WATER THAT IS GENERATED ON SITE IN THE MINING OPERATION, DOES THAT LEAVE THE SITE? [OVERLAPPING]
>> IT'S ALL RECYCLED AROUND THE SITE. INTERNALLY.
>> I HAVE NO OTHER QUESTIONS FOR MR. GARDNER.
>> MAY I JUST SHOWS YOU THE [OVERLAPPING].
>> THE THINGS THAT WERE DONE IN THE PAST COUPLE OF DAYS.
>> WE'VE DONE IT TWICE NOW, AND SEEDLINGS JUST DIDN'T [OVERLAPPING].
>> YEAH. IT'S ALWAYS ABOUT TIMING AND THE CRITTERS.
>> WELL I THINK THE CRITTERS GOT US MORE THAN TIMING.
>> I HAVE NO OTHER QUESTIONS FOR MR. GARDNER.
>> I DON'T THINK I DO. DO YOU HAVE ANY QUESTIONS?
>> I HAVE NO OTHER PREPARED TESTIMONY.
>> OKAY. IS THERE ANYTHING FROM THE HEIRS? NO. NOTHING ELSE? NOTHING FURTHER? IF YOU WANT TO GO AHEAD AND DO YOUR CLOSING AND WE'LL GO FROM THERE.
>> I WOULD LIKE TO DIRECT THE BOARD TO THE REQUIREMENTS OF 75171.
THERE HAS BEEN A WRITTEN APPLICATION SUBMITTED, A DULY ADVERTISED PUBLIC HEARING TONIGHT AND THAT READ IN THE NOTICE THAT APPEARED IN THE PUBLIC PAPER.
WHAT THE BOARD NEEDS TO KNOW IS WHETHER OR NOT THIS USE IS GOING TO BE DETRIMENTAL TO THE GENERAL PUBLIC HEALTH SAFETY AND WELFARE IN THIS COUNTY.
THERE HAVE BEEN NO INCIDENTS TO DATE.
IT IS NOT AN UNUSUAL APPLICATIONS OF REGULAR SURFACE MINE.
THERE HAVE BEEN NO TRESPASSING AND THE POLICE HAVEN'T BEEN CALLED.
WE BELIEVE THAT THE PUBLIC SAFETY HAS BEEN ADEQUATELY ADDRESSED.
WITH RESPECT TO PROPERTY VALUES.
I THINK THE BOARD IS FAMILIAR WITH MR. TURNER AND WITH HIS EXPLANATION.
HE HAS, OVER THE LAST 15 YEARS, LOOKED AT EVERY MINE IN JUST ABOUT EVERY COUNTY, I THINK, AND HE HAS BEEN UNABLE TO DOCUMENT ANY DEFINITION AND PROPERTY VALUE BASED ON THE CLOSENESS TO A MINE.
WE BELIEVE WE HAVE MET THAT STANDARD.
OBVIOUSLY, MR. GARDNER TESTIFIED THAT THE PROPERTY OWNERS, WE HAVE A FARM ON TWO SIDES, ONE OF WHICH THE OLD TOWN MATERIALS HAS AN INTEREST IN.
COOKS IS ACROSS THE STREET AND HAS BEEN IMPROVING ITSELF, AND THEN WE HAVE SOLAR DEVELOPMENT OTHER THAN THAT.
ANYBODY WHO WANTS TO IMPROVE THEIR PROPERTY OR TO USE IT FOR A SOLE PURPOSE, THAT IS PERMITTED BY THE ORDINANCE IS DOING SO.
WE BELIEVE WE HAVE MET SECTION C. THEN WE HAVE NO SCHOOL PROBLEMS. WE ARE A PROPERTY THAT HAVE SIX PEOPLE COMING IN WORKING ON A DAILY BASIS.
WE ARE LESS THAN A MILE FROM THE FIRE DEPARTMENT, AND I POINT OUT THAT A POND IS SOMEPLACE WHERE THE FIRE DEPARTMENT COULD FILL UP AND TAKE THEIR TANKERS SOMEPLACE ELSE.
I THINK WE ACTUALLY ARE BENEFICIAL TO THE PROPERTY IN THE AREA FOR THAT REASON.
THIS IS A PERMITTED USE BY SPECIAL EXCEPTION UNDER THE TERMS OF THE ORDINANCE, AND IT HAS THE INDUSTRIAL STANDARDS, WHICH MS. TOMMY TESTIFIED TO AS FAR AS THE FACT THAT WE MET THOSE.
WE BELIEVE THAT WE HAVE ADEQUATELY ADDRESSED THE REQUIREMENTS FOR A SPECIAL USE EXCEPTION.
I POINT OUT THAT THIS REALLY MAKES GOOD SENSE FROM THE LAND USE PRESERVATION BECAUSE WE'RE USING EVERY INCH OF THIS MINE BEFORE WE ARE REQUIRED TO GO SOMEPLACE ELSE TO LOOK FOR MATERIALS.
WE RESPECTFULLY REQUEST THAT THE APPLICATION BE APPROVED. THANK YOU.
[01:10:01]
>> THANK YOU. THANK YOU SO MUCH.
I DON'T HAVE ANY QUESTIONS AT THIS TIME, AND I SUPPOSE WE CAN GO AHEAD AND BEGIN OUR DELIBERATION.
JESSE, I DO WANT TO ASK, DO I HAVE TO GO THROUGH ALL OF THE THINGS ABOUT MINING, OR IS THAT REDUNDANT?
>> I DIDN'T THINK SO. BECAUSE WE'RE ALREADY AN EXISTING SITUATION.
THANK YOU. THANK YOU FOR YOUR CLARITY ON THAT.
WE'RE GOING TO BASICALLY, FOR THE RECORD, DO OUR DELIBERATION, AND FOLLOWING OUR LITTLE WORKSHEET.
JUST BEAR WITH US, IF WE HAVE ANY QUESTIONS WE'LL ASK, AND GIVE US A MOMENT, IF YOU WOULD.
STARTING OFF WITH ALL THE THINGS THAT ANN HAS ALREADY SAID, BUT I'M GOING TO GO AHEAD AND SAY THEM AGAIN.
A WRITTEN APPLICATION HAS BEEN SUBMITTED.
THE APPLICATION IS EXHIBIT 3, AND THE DATES THAT WERE PUBLISHED WERE 11/5 AND 11/12, AND THAT WAS EXHIBIT [OVERLAPPING].
>> THE DATES WAS ONE. IS THAT ONE?
>> NOTICE PUBLIC HEARING. YES. THEN WE'RE GOING TO GO TO THE BOARD HAS CONSIDERED THE APPLICATION IN ACCORDANCE WITH THE FOLLOWING PRINCIPLES AND REQUIREMENTS AND DETERMINED THAT THE GRANTING OF THE SPECIAL USE EXCEPTION A, WILL NOT BE DETRIMENTAL OR ENDANGER THE PUBLIC HEALTH, SAFETY, OR GENERAL WELFARE.
OBVIOUSLY, IT'S CLEAR TO ME THAT WE HAVE AN OPERATION THAT IS EXISTING THAT WILL CONTINUE TO EXIST, AND WE WILL BE USING THE SPACE IN THE CENTER OF THIS MINE TO ITS FULL CAPACITY.
I DON'T SEE WHY THAT'S AN ISSUE.
>> YOU'RE GOOD WITH THAT, LAUREN?
>> OKAY. THAT WAS BY A LOT OF TESTIMONY.
>> WE'LL JUST SUFFICE TO SAY THAT.
WILL IT BE INJURIOUS TO THE PEACEFUL USE AND ENJOYMENT OF THE PROPERTY IN THE NEIGHBORHOOD AND NOT SUBSTANTIALLY DIMINISH OR IMPAIR PROPERTY VALUES? WELL, WE HAVE TESTIMONY FROM FITZHUGH TURNER ABOUT THE LAND VALUES, WHICH WE HAVE AD NAUSEUM DISCUSSED AT MANY OF THESE HEARINGS, AND WE REALIZE THAT THERE IS NO IMPACT FINANCIALLY TO PROPERTY VALUES.
AS FAR AS THE NEIGHBORHOOD, EVERYBODY SEEMS TO BE CARRYING ON AND BUILDING AND DOING WHAT THEY NEED TO DO TO IMPROVE, AND THERE ARE NO HOUSES DIRECTLY NEARBY THAT WOULD BE IMPACTED FURTHER.
I THINK THAT'S SATISFIED, AS WELL.
DO YOU HAVE ANYTHING FURTHER TO ADD?
>> KEEP ON HITTING. [LAUGHTER].
>> OKAY. WILL NOT IMPEDE THE NORMAL AND ORDERLY DEVELOPMENT AND IMPROVEMENT OF THE SURROUNDING PROPERTY FOR USES PERMITTED IN THE ZONING DISTRICT.
AGAIN, IT'S ALREADY ZONED FOR THIS.
THE SPECIAL USE EXCEPTION IS THERE. IT'S OPERATIONAL.
WE'RE JUST GOING TO NOW DIG IN AND FINISH OUT WHAT'S ALREADY IN EXISTENCE RATHER THAN MOVING AROUND, FINDING SOME NEW PLACES TO GO DIG HOLES, TO FIND MORE GRAVEL AND SUCH.
WILL IT OVERBURDEN EXISTING PUBLIC FACILITIES, INCLUDING SCHOOLS, POLICE, FIRE PROTECTION? AGAIN, ACCORDING TO TESTIMONY, BY MS. OGATRE, THERE WAS NO ISSUE BECAUSE ESSENTIALLY, THEY'D NEVER HAD TO CALL THE POLICE OR THE FIRE TRUCKS OR ANYTHING.
THERE'S NO CHILDREN LIVING THERE THAT ARE GOING TO BE ATTENDING SCHOOL.
IT'S SIX EMPLOYEES, SO WE'RE GOOD.
DOES IT CONFORM IN OTHER RESPECTS TO THIS CHAPTER, ESPECIALLY TO THE APPLICABLE REGULATIONS OF THE ZONING CHAPTER, WHICH IT IS CURRENTLY LOCATED? YES, INDEED, IT DOES, BECAUSE IT'S ALREADY IN OPERATION.
I THINK THE BIGGEST QUESTION IS, THE CRITICAL AREAS ARE NOT IMPACTED, BUT THE SETBACK ISSUE IS SO MINIMAL OF AN ISSUE THAT PERSONALLY, I DON'T SEE AN ISSUE WITH IT.
AGAIN, IT IS THE DESIRE OF EVERY SINGLE INCH OF THAT FARMLAND TO BE UTILIZED.
FOR US TO SAY, NO, YOU CAN'T IMPACT THAT 200 FOOT SETBACK BECAUSE IT WAS APPROVED PRIOR, AND NOW THERE'S JUST A LITTLE TEENY PIECE THAT'S LEFT. WHY WOULD WE DO THAT? IT DOESN'T SEEM TO MAKE MUCH SENSE TO ME.
IT SEEMS TO BE COUNTERPRODUCTIVE BECAUSE WE WILL GO ON AND DIG IN OTHER PLACES, BUT LET'S UTILIZE WHAT'S HERE WHILE WE HAVE THE OPPORTUNITY.
THERE'S NO IMPACT TO ANYBODY ADJACENT.
IT'S NOT CLOSE TO SOMEBODY'S HOUSE, SO I PERSONALLY DON'T FEEL LIKE THERE'S ANY ISSUE WITH THAT 01,287 SQUARE FEET THAT'S GOING TO IMPACT THAT 200.
OF COURSE, WE ALSO HAD MATT'S FEEDBACK THAT IT WAS POSITIVE RECOMMENDATION FROM THE PLANNING COMMISSION.
I FEEL LIKE THOSE ARE ALL ADEQUATE REASONS TO GRANT THIS WITHOUT ANY HESITATION.
DOES SOMEBODY WANT TO MAKE A MOTION AT THIS POINT?
[Motion on Special Use Exception No. 25-0018]
>> DO WE ACCEPT IT? ALLOW THE VARIANCE FOR THE SETBACK.
>> ACCORDING TO, YOU GOT TO GET THAT ONE, JUST FEW WORDS.
IT'S EXHIBIT 2, PAGE 2 AT THE TOP, THE RECOMMENDED ACTION PORTION.
[01:15:03]
JUST SAY YOU RECOMMEND APPROVAL AND THEN BASED ON ALL THAT, AND THAT WAY, IT'S ON THE RECORD.>> RECOMMEND TO APPROVE THE SPECIAL USE EXEMPTION, AS WELL AS THE 200 FOOT SETBACK MODIFICATION REQUEST.
THE APPLICATION MUST MEET ALL THE CONDITIONS FOR APPROVAL SET FORTH IN THE PUBLIC LOCAL LAWS OF CAROLINE COUNTY AND MUST FIT WITHIN THE PURPOSE AND INTENT OF THE ZONING CHAPTER.
ADDITIONALLY, THE APPLICANT MUST OBTAIN A FINAL SITE PLAN APPROVAL FROM THE CAROLINE COUNTY PLANNING COMMISSION.
A ZONING CERTIFICATE AND/OR BUILDING PERMIT WILL BE REQUIRED PRIOR TO ANY PROPOSED DEVELOPMENT, AND MUST BE ACCOMPANIED BY ALL NECESSARY DOCUMENTATION AND SITE PLAN REQUIREMENTS.
THE APPLICANT SHALL SUBMIT A COPY OF THE MDE SURFACE MINING PERMIT PRIOR TO THE ISSUANCE OF A ZONING CERTIFICATE AND OR BUILDING PERMIT, AND THERE'S NO OTHER CONDITIONS.
>> YEAH. WE HAVE NO CONDITIONS.
>> OKAY. I SECOND THE MOTION. ALL IN FAVOR.
>> ALL AYE. THEN YOU ARE APPROVED.
GOOD FOR YOU. THANK YOU GUYS FOR COMING IN.
>> YES, THANK YOU. APPRECIATE YOUR TIME TO.
>> WE WILL ADJOURN THIS MEETING AT 7:14.
>> WAIT. WE HAVE TO DO SOMETHING ELSE?
>> BUT THE MEETING IS STILL ADJOURNED.
[BACKGROUND] [LAUGHTER].
* This transcript was compiled from uncorrected Closed Captioning.