St. Mary's County, MD Board of Appeals for St. Mary's County, 9 Dec 2021

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From YouTube: 12/9/21 Board of Appeals for St. Mary's County

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Good evening this is the december 9th 2021 meeting of the st mary's.

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County board of appeals and we're located in the commissioners of st.

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Mary's county meeting room of the chesapeake building, 41770 baldridge street.

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Public meetings are now open to the public. Excuse me: I'm going to skip this up here.

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I am chairman dan igneowski and there are four other board appeals members with us tonight.

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And we have met our minimum requirements for a quorum and will proceed with the meeting.

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In lieu of persons attending citizens may just listen to the meeting on their phones.

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But not speak to the board by calling the phone number 1 301 579-7236.

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And then use the access code 963-443.

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Or review the meeting remotely on channel 95 and youtube.

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If any non-in-person citizen would like to participate by talking to the board.

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When I opened the meeting to public testimony, please call the following number: 301-475-4200.

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Extension 1234, when you call this number ms sherry young recording secretary, will ask your name.

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Address phone number and email- in other words, this is a virtual sign in sheet. Ms young will place.

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You in line on hold after I announce it on hold and after I announce that I'm opening the public.

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Hearing to public testimony you will be called on. I will open the meeting up for public testimony.

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After the presentations and testimony by the applicants and representatives have been completed,.

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For both in person or call in you will be asked to state your name and address for.

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The record- and I will swear you in you- will then have three minutes to ask your questions.

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Or make your comments directly to the board? Your comments will be recorded and heard by those of.

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Us in the chesapeake building, zoom participants, channel 95 and on youtube.

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After the public comments, portion of the meeting is over, the case will be returned.

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To the board for any closing comments, members discussion, members, discussion and decisions.

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I will now ask the board of appeals, member and attorney to introduce themselves to you all.

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Good evening wayne madinski lindella, hey and again, I'm dan igneowski good evening.

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Rich richardson good evening, guy bradley uh good evening, steve scott board attorney.

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And we also have with us this evening, mr ronald payne, who is our alternate member.

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Supporting staff from the saint mary's county government, land use and growth.

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Management office are harry knight, the deputy director and stacey clements planner, three.

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Also here tonight are david weiskoff, the county attorney and neil is on his way.

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Neil murphy, the deputy attorney, will be here soon: donnie mills, the deputy director of dpw.

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Is here via uh zoom um in the media control room is amy carter and sherry young. The board of.

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Appeals recording secretary is in the john savage conference room and we'll have the applicants and.

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The representatives introduce themselves as we go and come up with their case. We have three.

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Public hearings scheduled for tonight on this, this evening's agenda case number. One is vaap.

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21-11003 bracket bracket, subdivision appeal and variance case number two is zaap 210967.

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Thompson, seafood appeal and then the third case this evening will be zaap 20132012.

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Mechanicsville dollar general appeal of the county's decision. Before we start the hearing for.

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Viewers at home, you will be able to see the staff pre and applicants presentations on channel 95.

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Or youtube as these presentations are being shown, you can also see all the documents that.

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Have been submitted for this case by going to board docs miss clements will now demonstrate.

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How to locate and use board docs stacy? Okay, I'm going to share my screen, so everybody can see it.

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It's not sharing.

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I'm not sure here we go.

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Okay, first off you want to go to st mary's md.com, that's s-t-m-a-r-y-s-m-d.com!.

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Next you're gonna find the um along the ribbon. The tab called board docs.

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Once it starts loading and it'll take a moment.

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There we go, we look for tonight's meeting for the board of appeals.

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It's thursday december 9th board of appeals meeting in the center down near the bottom, we'll.

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Find view the agenda for tonight's meeting and along the left side of the.

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Screen you can find our public hearings, we've got the bracket, the shuckets and mechanicsbill, and.

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When you select one of these, you can then go, and you can find all the exhibits and the attachments.

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Okay, thank you very much. We will now hear case number one and uh first we'll begin with a staff.

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Presentation and I'll ask stacy and harry to please stand and raise your right hand.

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Do you declare and affirm under the penalty of perjury, that the testimony responses and.

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Statements, you may give will be the whole truth and nothing but the truth. I do I do. Thank you. Okay,.

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You there we go. Let's start the slideshow.

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Okay tonight we're here to hear the let's get this straight. There we go. The 21-110-003.

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Bracket minor subdivision they're asked in accordance with the comprehensive.

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Zoning and the subdivision ordinance pursuant to chapter 20, section 2 or.

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20.3.3 of the subdivision ordinance, the applicant is appeals and seeks.

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A variance from section, 30.1 or 30.14, the private road standards.

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Including the minimum travel way width prescribed in table 30.14.6 of the subdivision, ordinance.

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Okay, the legal ad was printed in the local newspaper southern maryland, news.

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On november 19th and november 26 of 2021, the applicant posted.

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And originally and then um legum reposted the property and sent notifications to the neighbors.

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With access to harvest lane and within 200 feet prior to november 24th 2021.

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Okay, the owners are joshua and marie brackett.

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The agent is christopher longmore, it is located on harvest lane.

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In mechanicsville, let's see the proposed conditions, they're planning to add a farmstead.

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By reducing the size of the original existing out parcel without upgrading the existing private.

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Road to meet all the private road standards, the agency's reviews and approvals proposed.

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Agencies have been our proposed subdivision has been reviewed by all applicable agencies.

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It is located at harvest lane up in mechanicsville.

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The land use is rural preservation.

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Zoning is also rural preservation, district.

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Okay- and this is a depiction of harvest lane right off flora corner road.

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The existing conditions of parcel a is highlighted in the green.

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And this is the minor subdivision plot.

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Right here we have the farmstead that they are trying to recreate or to create, with.

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This subdivision, along without parcel a the remainder of the parcel okay, here's.

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The proposed access easement that they are hoping to use to access the farmstead highlighted in red.

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Okay, definitions to help you this evening would be a private road, a private access.

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Driver lane to more than one resident, which is contained within a lot or a parcel.

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And which is not dedicated to the county, a lot is a portion of a subdivision or a track of land.

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Having frontage on a street or road which is intended for development,.

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And which meets the requirements as legal building sites per this ordinance.

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A farmstead lot is an area of 15 acres or more and a single ownership, which is a lot of record.

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Private road standards, the purpose of the shared driveways and the private road standards.

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Is to provide options to retain the rural character, reduce costs and allow more control.

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Security and sense of identity identity, when public roads are not needed for circulation.

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These standards are intended to provide for the safety of the property owners.

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By requiring adequate access for fire, emergency, medical and law enforcement vehicles, it provides.

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For the continued uninterrupted use of the access for all the owners by establishing a durable.

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Roadway and easements and assigns responsibility for the continued maintenance of the access.

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Okay, subdivision ordnance, section 30.14.5, the general provisions of private road standards.

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Includes for private roads, the designed vehicle for an emergency response, service, delivery, type.

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Vehicle is a 30-foot single unit. Truck b, a private road shall be included in the overall development.

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Plan and see subdivisions consisting of seven or more residential lots or less or farmstead.

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Subdivisions may be served by a private road, all subdivisions except farmsteads, and lots approved.

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Through the family, conveyance provisions of the ordinance proposed with eight lots or more shall.

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Be served by a public road in accordance with the provisions contained herein, so I'm gonna interrupt.

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Stacy, just to help um lay out the facts of this case. So we have a um private road which currently.

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Has eight lots? The eighth lot was approved with a family conveyance. Then you have farmsteads, which.

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um Do not count as lots on that maximum seven. We have eight because of a family, conveyance and.

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Then you have ag parcels and out parcels which are not buildable and therefore do not count as lots.

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Yeah, okay I'll continue. Here's the table for the private road standards, the shared driveways.

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Commercials one way in two ways for reference: if we need it during discussions tonight,.

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Okay: here's the entrance of harvest lane from flora corner road. um The entrance um access here.

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Is 22.4 feet wide and, and so the prior slide um go back to the prior stacey. So the point to.

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The prior slide is the minimum travel width is 18 feet and now we're going to illustrate the.

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Existing conditions um based on the gis perfect, so you have more than 18 feet at the entrance.

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Onto floral corner road, okay and we're going to work our way down floor corner road.

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We're down harvest lane, yeah, I'm sorry harvest lane correct, and here we have a 12 feet: width.

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And at this point we've got 15.8.

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And and that basically is it, so you start out more than 18 more than the minimum it narrows.

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Down significantly to an average of 12 feet, it broadens out to an average of about 16 feet, but.

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Once you leave the entrance, you never maintain an 18 foot width.

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Travel width, okay and this is um harvest. um Let's see, harvest lane comes up.

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And around and they want to continue the access easement. From this point, all the way back to the.

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Proposed throughout parcel a to the proposed farmstead, yeah and technically harvest lane.

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Terminates just before the pond, so um another point of clarification. This is not a question.

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Of right-of-way the right-of-way exists, in fact, the um the right-of-way at flora corner road.

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For the first half of harvest lane, approximately is 50 feet wide, so we have a 50 foot wide.

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Right-Of-Way then it expands to a 60-foot right-of-way and that 60-foot right-of-way ends.

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Around the location of the pond, as shown so there is adequate right-of-way and then from there on.

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Will be what that'll be the the access that you showed earlier.

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There's an existing um 20 foot wide access easement. I believe. Let me double check that.

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There is an existing 20 foot wide access, easement that they are proposing to.

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Expand, and can you go back to the um subdivision plan.

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So there no go forward one to the detail. So um can you point out it it's there, so the 20 foot.

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Access easement will um be expanded to meet the minimum 22 foot and but but they are proposing.

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To um continue to only have the existing 10 foot wide gravel road serve the farmstead.

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So the minimum right-of-way width for a private road is 22 feet. The minimum travel way width is.

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18 feet the and it is required to have a unpaved two foot shoulder on each side. Therefore, the 18.

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Plus two plus two equals the 22., the portion of the road or driveway that's being expanded from.

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20 to 22 feet and maintaining a 10-foot roadway. How many lots does that section of driveway serve.

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That a portion of that um 20-foot easement leads to a, um and so it might be helpful to go forward.

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To where we have the shared driveway there, we go it's right through here yeah, but if you'll go.

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Forward um so the 60-foot right-of-way terminates, it um becomes a 20-foot um access, easement and it.

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Leaves to the left and um it turns into a shared driveway that serves three houses.

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Maximum three houses or three lots on a shared driveway it. The proposal is um to have the.

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Existing 10-foot gravel road that currently serves the out parcel to become the 22-foot right-of-way.

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To serve the farmstead and the out parcel because the out parcel is being split in half.

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It'll be half out parcel half farmstead the out parcel according to this appears to have.

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Tests approved probe tests, I'm.

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The well that entire um property is the out parcel. The approved perk tests are on the.

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Right-Hand side, but it but that's right there you go yeah. Those are the times so.

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Yeah right, the out parcel a has two failed. Perk tests failed one failed. Okay, thank you.

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So that there will be the three lots, plus this new one that are served by the 10-foot access.

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Drive it would, it would be a minimum 22 foot wide right-of-way, okay,.

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Since that's that's the minimum for a private road under today's standards, any other questions.

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Where is it? Where does the road end? Clearly, you told me, but I don't can't figure out where, where.

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Ends: um harvest lane um as depicted on our gis labeled with the blue line. um Can you go all the.

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Way back to the harvest, lane map or we'll go forward there. You are see the blue line. There.

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And so it ends just shy of the pond, and now, if you go forward to the photograph there, you go see.

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The pond right there so that's about where the 60-foot right-of-way known as harvest lane ends.

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Because, currently beyond that, it becomes a shared driveway serving three lots. So we don't name.

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Shared driveways, we name private roads and public roads. Okay, thank you. Can we go to slide 11.

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I didn't hear that we go to slide. 11 sorry, light 11; okay, oh no! Sorry! Maybe it was 13. Then.

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All right so in the widening of the road, I see a barn just right where you have the 12 foot.

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I'm sure there's other existing structures up there. The nashes have submitted a letter.

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A letter stating that they're concerned about some of their.

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Property, if they widen this road, how does it affect the property owners around.

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It what's going to have to be moved, what's going to have to be impacted.

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What's going to be the impact to the neighbors, we don't have a pro. We do not have submitted to the.

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County a proposal to widen the road. So if a person proposed to widen the road that they have a 50 and.

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60 foot right of way to do that within, but but no one has submitted a proposal to widen the road.

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Okay, you talked about going from 10 feet to 22 feet. So did I misunderstand that well that portion.

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Is happening on the brackets property? Okay, that's not happening adjacent to anyone else's property.

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So everything up until the brackets property will stay.

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As is, that is the brackets proposal, as I understand it, okay.

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So the regulations would dictate that the travel way width be expanded to 18.

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Feet wide, there are some other standards that could um well that should be applied as well.

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And um but the brackets are proposing not to upgrade the road so they're. Thank you.

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They are just proposing doing this work to their property they're, proposing to leave the road, as is.

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um Not not even the road on their property would be altered. It.

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But the right-of-way would be widened to 22 foot on paper and um and they're proposing.

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That you would grant them a variance to do that all right! Thank you. Okay. Anybody else.

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See that contact I'm just gonna back up, because I interrupted you before before that.

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Gotcha there we go okay, the comprehensive plan. The plan seeks to preserve rural character.

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Through encouraging farmstead subdivisions, while preventing proliferation of major.

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Subdivision development in agricultural and rural preservation areas, the plan calls for establishing.

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And enforcing performance standards for design and approval of rural residential subdivisions.

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It also limits the growth in rural areas, to preserve open space and to protect and promote.

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Agricultural and forestry and encourages the preservation of the rural character.

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Through the use of the farmstead subdivisions and, lastly, limits.

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Transportation improvements outside of the design, growth area or designated growth areas.

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To essential capacity improvements, as well as the upgrading of substandard roads and bridges,.

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So she has pointed out the comprehensive plan text because you'll see here these these standards.

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Are different from your normal zoning standards for granting a variance.

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And the last one is finding that it's consistent with the comprehensive plan. Okay, the standards.

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For granting and variance in accordance of section 20.3 b of the subdivision, ordinance.

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The board of appeals shall not grant a variance from the regulations of the.

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Ordinance unless it makes the findings based upon evidence presented to it, that a it will.

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Not be con, contrary to the public interest and b owning to special conditions, the enforcement.

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Of provisions of this ordinance will not result in the practical difficulty or unwarranted hardship.

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And see it's in accordance with the purpose and intent of the saint mary's county subdivision.

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Ordinance and lastly, it is consistent with a comprehensive plan and I'm sorry I'm going to.

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Repeat, b, because she inserted a word um so owing to special conditions, the enforcement.

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Of the provisions of this ordinance will result in practical difficulty or unwarranted hardship.

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Thank you very. I appreciate that. Do we have any questions, any questions board numbers.

C

No sir nope okay. Does that conclude your presentation? Yes, sir, mr longmore,.

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um I think that you'll have several witness witnesses to come in and to testify. We will.

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I expect to have at least two as we go through and have those people come up to.

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Testify we'll swear them into that time. Okay, that'll be fine! Thank you, mr chairman, um and.

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We do have a powerpoint if we can pull that off uh stacy um a few just opening remarks before.

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I get into the slides to reiterate a couple things, so it's clear to the board and to the.

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To the members of the public that are watching today and the staff report regarding what is.

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Being proposed here was accurate. My clients are not proposing to alter the road in any way.

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As it exists on on other on the right-of-way that is outside of their property, I raised that because.

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I noticed a lot of the public comments, written comments. There were concerns about expanding.

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The road and whether or not that would be an inconvenience that is not what we're proposing.

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They're proposing to keep the road exactly the way it is and allow them to build this farmstead. That.

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That is allowed under the zoning ordinance that is encouraged under the the comprehensive plan. um If.

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The variance is denied my clients would have the option to widen the road to meet the requirements.

J

Of course, it would be an expense to them, and that's something that of course is of concern.

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To them, but it also appears to be something the neighborhood doesn't want, as well um as mr knight.

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Mentioned um the the title to the property, and mr vaughn can can share this with you when he speaks.

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About the subdivision plot, he prepared he's here to answer any questions about that. They do have a.

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50 foot right away and a 60 foot right away that are next to each other. It widens as it goes down.

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The road so there's really that that width that they're allowed to use for ingress and egress of.

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Their property, the ordinance requires it to be at least 22 feet, so they meet the right-of-way.

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Requirements: it's just the existing road is not as wide as the subdivision ordinance requires.

J

So we're asking for a variance to allow them to use the road as it exists, subdivide this existing.

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Parcel into one out parcel and one farmstead is what they're asking for just to be clear with that.

J

So if we go to the the second slide, stacy I'll run through just kind of some of our prepared.

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uh Remarks um the property is owned by joshua marie brackett uh josh is here today in the back.

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um And we'll probably give a few comments before the applicants are actually contract purchasers.

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And family members of his um that's justin and amy brackett, who are also here in the audience with us.

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And mr brackett will be coming up to speak in a couple minutes. The property contains 33.86 acres.

J

And you can see the description of that on the subdivision plot. That's in the record.

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It has two ponds on the property barnes and an existing gravel drive, as shown on the plat and.

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The subdivision again essentially, is to divide it equally in half into two parcels. One would be the.

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Farmstead, which would, of course, be a lot of 16.93 acres, the minimum is 15 acres to be a farmstead.

J

The other half of their property would remain as an out parcel, which would mean it would not have.

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A building right for another home unless there's another subdivision done down the road which there.

J

Are no plans to do at this time, so that's the general description of the property. If we can flip.

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To the next slide, um this is just a gis version of this. I think a a copy of this or similar.

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Scale was in the staff report. If we can move the next one stacey. This just shows the aerial.

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Photo a little closer up of the parcel that we're proposing to subdivide um this blown up version.

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Does show you the two ponds that are on there? You can see the pond in the lower left, which is.

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The one that mr knight and miss clements were talking about where the right of way would go.

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uh Beside that um and that you can also see the barns in the out parcel there a little bit. So we.

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Thought that might be instructive uh to the board and that that other pond that's uh further further.

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Into the out parcel, um if we go to the next slide, this, this again is another slide of the road that.

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That's similar to what mr knight and miss clements have already shared, but we have it in our slides.

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If there's any questions and if we go to the next slide, that's the aerial photo from the gis map.

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I'm showing you know the aerial of that lane as it exists um in the in the aerial photos which.

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I believe were taken last year if we go to the next slide. This is the proposed subdivision plot.

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Mr vaughn is here who prepared it for lsr he'll, be one of our witnesses. If you have any questions.

J

About the platte or the engineering, I know there are a couple of questions about the expansion of.

J

That right away and as mr knight shared that we'll expand the right-of-way on the bracket property to.

J

Meet the subdivision, ordinance requirements for the width of that they'll really be the only ones.

J

Using the road at that point, so they're proposing to keep the the width of that road, the same.

J

uh For their farmstead that they're construct that they're asking to be.

J

Created uh through this process, um if we go to the next slide, these are the this is the subdivision.

J

Ordinance um variance standards that um mr knight and miss clements have already shared the one.

J

Thing. I will note because because I got a couple of people have asked us, as we've been preparing.

J

You'll notice that on the agenda, it's labeled as an appeal and variance the reason that is that.

J

The subdivision ordinance says that, upon appeal in specific cases, of variance can be granted.

J

So we're not really appealing a decision to the director tonight, we're appealing to you to.

J

Grant this variance as the is, how I think the language of the ordinance reads. So we had to.

J

Include that language and what we asked for um mr hunt determined, we had comments in the subdivision.

J

Process that are in the record, one of those is that if you don't want to expand.

J

The road you have to come for a variance and that's what we're here asking for tonight so.

J

That's why the term appeal is also in the notices. If we go to the next slide, I can now what I'll do.

J

We might go out of order a little bit I'll. Ask mr vaughn to come up and he can just share with you.

J

A little bit about the subdivision, plat itself and if you have any questions about the details.

J

Of that he'd be the best one to answer that so I'll ask him up and then mr brackett can come up.

J

After him, so mr chairman, mr vaughn, will need to be sworn in. I have a question and I I hesitate.

C

Asking it, but I would rather ask you than ask the applicant: if the variance is approved, would the.

C

Applicant share in the maintain of the road as the other landowners do. Yes, this is not a bribe. It's.

C

Just a question: no they're aware that, and even one of the comments that is in the subdivision.

J

Comments that are in the record is that there needs to be a road maintenance agreement as.

J

Part of the subdivision, so they understand that and are are willing to participate. But.

C

Please understand this is not a bribe. It's just a question that I think I needed to ask. Certainly.

J

And I believe, that's a a requirement, if I'm, if I'm not correct and mr knight or mr hunk could.

J

Confirm that, but they are willing in in one of the letters that says somebody did not belong to that.

C

Area and did not contribute so right. That's why I asked the question yeah mr longmore is correct.

H

The subdivision ordinance does require that a private road maintenance agreement be recorded.

H

Along with the plat- and there hasn't been one done to date for what exists today, uh this I.

H

Don't know, sir, I did not research that I'm sorry yeah. I don't believe I I don't know one that well.

J

I don't know in each of the subdivisions that has occurred over time. What order that went in.

J

But my clients are willing to certainly do that as part of the process as required. Thank you.

J

And if there aren't any other questions, I'll ask mr vaughn to come up.

A

If you'll stand and raise your right hand, do you declare and affirm under.

A

The penalty of perjury that the testimony responses and statements you may give will.

A

Be the whole truth and nothing but the truth. I do thank you. You may proceed.

K

As the county staff and mr longmore pointed out, this is a subdivision that I have prepared.

K

For the brackets, this was an out parcel of 33.86 acres. We are planning to proposing to.

K

Divide the property in half, creating two excuse me, one farmstead, that is the.

K

16.93 acres and uh keeping an out parcel of also 16.93 acres.

K

With the right-of-ways that are there, it's been pointed out that there is a 50-foot right-of-way.

K

From floor corner road, approximately a halfway down harvest lane, then it.

K

Increases to a 60-foot wide right-of-way.

K

And then there is a 20-foot right-of-way, which also acts as a shared driveway for.

K

One parcel of record and two farmsteads: we are proposing to increase a portion of that.

K

20-Foot right-of-way to a 22-foot right-of-way and also extend the 22-foot right-of-way.

K

Over the existing road, as it passes by the pond and on to the farmstead.

K

That's pretty much my description of the subdivision. If you all have any questions about it,.

C

Explain what a farmer said is different than a regular home, so if armstead is defined as being.

K

15 acres or more and it is, it is a building lot. It is a lot of record the only difference.

K

Between a lot of record and a farmstead is the acreage being at least 15 acres. Thank you.

A

What's the condition of the land adjacent to the road, especially where the.

A

Private drive or roadway is 10 foot wide. So there's where it's 10 feet wide.

K

It's open, open grass, and some of it, I believe, is agricultural where the pond is that area.

K

Is all open um the existing 10 foot wide road on the brackets property? You know accesses the.

K

Existing barns that are there currently and also the uh the fields um to the north of the property.

B

Thank you, I'm I'm a little confused. uh The 22 feet is that's. What's there now, so there's an exist.

K

The the roadway is uh a 10 foot wide roadway, I'm talking about from the pond out to floor corner.

B

Okay, so from from the roadway from the pond, all the way out the floor corner varies from.

K

Approximately 12 feet um to 16 feet for the majority of it right at the entrance.

K

It is wider, but the right right-of-ways um there's a 60-foot wide right-of-way. That was.

K

Recorded under plat 5714.

K

And then further, I don't have the flat reference for the 50 foot right of way. That goes all the way.

K

Out to floor or corner road, but it's an it's a continuous right-of-way. It's just. It varies.

K

In width from 50 to 60, then down to 20 is what currently exists, but for the most part that entire.

B

Road's only 10 feet 12 feet right, the right-of-way is 50 or 60-50 and then wanting to be 22.

A

But the road itself within that right away, is 10 foot wide in most places and varies. Okay.

B

Yes and that's what they want relief from right: they don't they do not want to widen.

A

That gravel road to 18 feet 18 feet, that's correct and harvest lane is approximately.

K

4 000 feet from from the pond out to the entrance is approximately 4000 feet.

B

And the county's okay, with this.

H

Well, the the county's review of the subdivision pointed out that.

H

The proposal does not meet the minimum private road standards right, but.

H

And then the county acknowledges that the subdivision regulations um grants.

H

Authority to the board of appeals that you may grant a variance: okay, okay, all right! I'm good.

L

I have one question the road that goes to the farmstead.

L

Was it recently put in at 10 feet wide or is it a dirt road? I believe the road has been there just.

K

Looking at old aerial photos on the county gis, it's always served those barns and the farm fields.

K

Back there, so it's just a dirt road right. Now, it's it's gravel. It's got gravel on it. I don't know.

K

Yeah, I can't speak to if it was a dirt road and then just gravel put on it or.

K

If it was constructed that way, okay.

J

Does the board have any other questions, mr vaughn, this time he'll certainly be here if, if any others.

J

Arise and if there's any questions from the public I'll be happy to to address them as.

J

Well: okay, um next, I'd ask thank you steve next I'd ask my client justin brackett, one of the.

J

Applicants uh to come in and he wanted to share some words about why they're requesting this.

J

And the nature of our request, just a bracket of each stand and raise your right hand. You declare.

A

And affirm under the penalty of perjury, that the testimony responses and statements you may give.

A

Will be the whole truth and nothing but the truth. I do thank you. You may proceed.

M

Good evening board I'll be brief. um I had a few thoughts to share. It's certainly been a.

M

Big year for everybody, never would I have thought that, after living here in saint mary's county for.

M

More than two decades that I'd have a chance to live next door to my brother, just wasn't.

M

A possibility until now and now it's a pretty exciting possibility. I certainly never thought of.

M

I'd have to hire a lawyer to build a farm, so it's a definitely year. First, we would really like to.

M

I have the opportunity to build our forever home at the bracket family farm.

M

My brother and his family already live there, and, and we would like to be a part of that community.

M

Regardless of your decision, we will still be gathering several times a week to cut the grass.

M

Ride the family horses as part of the 4-h club have dinner with the family. That kind of thing.

M

We've we've been over there most days, it's just a great place to be since he bought the.

M

House last year- and it's been pretty amazing- I can see why everybody likes to live back there.

M

Everybody I think uh living back in the small area can agree on a few things.

M

We're all family oriented looking to live near one another.

M

And none of us wants to widen harvest lane that I've heard the cost is exorbitant and more.

M

Importantly, we don't want to infringe on anybody else's property. That's just not what we're about.

M

I certainly don't want to have the construction involved with digging up somebody's property, that.

M

They've planted grass on and worked obviously a long time for it's beautiful back there. I see why.

M

Everybody wants to live back there. We simply want to build our forever home on family land.

M

Just like everybody else down on the harvest lane. uh Thank you.

A

Question, have you gone out or gotten from a contractor, an estimated price.

A

To widen the road we have made every attempt that I can make to every contracting company. I can.

M

And cannot get an estimate simply. I have made phone calls. Emails um gone two places to try to.

M

Get that estimate for that very reason to see. I I need all the facts and figures. How much is this.

M

Gonna cost what what kind of imposition even more so, uh but I can't get that information- um is that.

M

Simply because they've been so busy in the the growth I don't know, but it's been too big of a.

M

Project to simply estimate I've done everything that I can do to get that information. Sir okay,.

A

Any other questions, no sir,.

C

M

Okay, thank you. Yes, sir and mr chairman, those are our prepared statements. I know this is a public.

J

Hearing- and we certainly welcome many community members that want to voice their concerns, we've.

J

Reviewed the comments that were pre-filed um in this case and again we're um you know to.

J

Sum up before we turn it over to public comment. You know what my client, my client, is allowed to.

J

Have a farm set on the property? That's there it's allowed under the zoning ordinance. It's encouraged.

J

Under the comprehensive plan to have farmsteads in the rural preservation district, they have two.

J

Options to do that one is to use the existing road to do that. They need a variance granted.

J

From this board, the other option they would have is to expand the road because they have the right.

J

Of way and the legal right to do that, they would prefer not to do that for two big reasons. One.

J

The exorbitant cost, as my client just shared, and secondly, they don't want to put that imposition.

J

On their neighbors that they plan to live next to for a long time. Because a lot of the comments.

J

Seem to be that that nobody in that neighborhood wants it expanded. They want to keep it and they.

J

Don't want that hassle, so we simply ask that the board consider that we believe that would be an.

J

Unwarranted hardship for my client to have to go to that exorbitant expense for adding one lot at.

J

The end of this road that would be allowed under the zoning ordinance. So that's our request tonight.

J

So we look forward to public comment if you have any other questions, we're happy to answer.

J

Them before one more question, um why are we still looking at a private road if we're over the seven.

A

Minimum that can be served by a private road. I I can defer to mr knight my understanding.

J

And reading of the ordinance is that, because it's a farmstead, we don't have to raise it to.

J

A public road that that is correct, so the maximum number of lots on a private road.

H

Is seven with two exceptions? Farmstead lots do not count as lots in that number of seven.

H

And family conveyances are a way to get an additional lot.

H

Above the seven, so the eighth lot was granted as a family conveyance, so we have eight lots. We have.

H

Two farm two farm steads um one planted ag parcel and one planted out parcel. Now I.

H

I found the answer to your question about um road maintenance agreements, so the three parcels.

H

Of record would not be required by our subdivision ordinance to have road maintenance.

H

Agreements because they predate our subdivision ordinance of the five lots. Only one of those lots.

H

Was recorded by a platt on or after 2002, our subdivision ordinance started, requiring road.

H

Maintenance agreements with the recreation of the platte in 2002, the two farmsteads, were recorded.

H

After 2002, so the two farmsteads should have, I you know I'm quite confident recorded road.

H

Maintenance agreements with that plat. So um if any of the older lots predating 2002 have road.

H

Maintenance agreements it's possible, but it was not required by saint mary's county government.

H

Thank you. Thank you um anything else, any other questions of mr longmore.

B

No sure right now we would reserve the right to raise any rebuttal if there is anything.

A

That's great, we'll have a chance to rebuttal after we hear the public comments. Thank you. uh Do we.

A

Have a list of those that have signed in that may want to speak excellent secretary's on the ball.

F

A

Okay, first, I have on the list that may want to speak is michael garner.

A

Okay, you're gonna wait: okay,.

A

John joanne m burrows. Okay, would you like to speak if you come up to the microphone.

A

And for the record, would you state your name and address joanne burroughs 28540.

N

Harvest lane mechanicsville maryland, okay and if you'd raise your right hand and and.

A

Do you declare an affirm under the penalty of perjury that the testimony responses and.

A

Statements, you may give will be the whole truth and nothing but the truth. Yes, sir. Thank you. You.

A

May proceed. Thank you mine's very brief. Actually I wrote a comment that you all have already read.

N

I do feel a little for mr brackett who's, making the request, because he's right.

N

Harvest lane is a great place to live. I've been there for 35 years.

N

Widening of the road is what I heard a lot of, which is why I'm stepping up here.

N

The traffic the amount of traffic we have now on the road has been substantial, we've all grown.

N

Families we all have children, we all have extra vehicles, so the extra traffic on the road is a big.

N

Concern to me, because we are maintaining the road ourselves. All of the family maintains the road.

N

With millings and tractors and shovels, and that's how we do it and that's what we've been doing.

N

So if no widening happens, that's wonderful, but how much more traffic can we handle on harvest lane.

N

That's the biggest concern, and I know that he was mentioning a forever farm in a forever.

N

Home to live in and that might be right, but we all know this: anybody can sell their property.

N

Anybody can decide to move anybody, new can move in and it doesn't mean that you're going to be.

N

One family on one farmstead and then the out parcel is big enough for another farmstead. If.

N

I understand the rules, so my concern is the amount of traffic on the road and I do feel him for him.

N

A bit because I love it down there myself, but I know when his brother bought that property all.

N

These rules are in place, and I think you know due diligence is knowing what you're buying.

N

When you buy it, so that's my answer. Thank you is that just a second board have any questions.

B

I've seen you go both ways here, so do you want it widened or or not, prefer the parcel not be granted.

N

Because I don't know, what's going to happen in the future because of that.

N

I feel I feel what he's saying that he would love to live there, but I don't think the farmstead is a.

N

Good idea, because that's more traffic on my road, more traffic for us to maintain the private road.

N

And after that, what about the next parcel? That's already as much property? Can that.

N

Turn into a farmstead as well is that another property and more people on my road.

N

And I do know that, as it was existing, all those rules were there that we were at capacity.

N

And I would just not not like to have the farmstead place there.

N

Because, whenever whenever, when that was sold, when the property was sold,.

N

Everybody should have seen those rules and know what those rules are, because it was public record.

N

How many houses were there and what needed to be done? Thank you any other questions. No sir,.

A

So let me make sure I phrased this question correctly.

I

The variance that he's coming before us bef uh the board today is so he doesn't have to widen a road.

I

Yes, there's a farmstead there. Yes, the family wants to build there. They only want the variants.

I

For their property back so the road, if they, the variance, is granted the road won't be.

I

Widened at all, nothing will be done to it. It's just his property and back will be affected.

I

And then they're talking about building their forever home and it'd be for their family, which.

I

Everybody can understand, have you guys discussed any of that amongst shell cells and answered and.

I

Asked any questions and said hey: this is how we feel this is what we want to do. Is it's been.

I

Kind of the first time that anybody's been able to listen to your comments, man, I think it's. The first.

N

Time anybody's been able to listen to my comments. I've lived on that road and no one has stopped in.

N

To ask me any questions but to what you said. I understand what they're asking for, on their end.

N

Of the farm, but you have to start at floor corner and come in so ever all of their traffic. Okay,.

N

Road, which is just an awful lot of traffic now, because we've grown right and just growing more.

N

I think would away from our rural preserve. We are right next to um which is wonderful. On the.

N

Other side we have agricultural property as well, and it would just be nice to keep it.

N

Quiet as we can, the amount of traffic is what my bigger concurrent is. The amount of traffic.

I

Okay, so the here's, the conundrum. If we don't grant the variance, then they have to widen the road.

I

That means more traffic and to your concern about the future the possibility of the future. If we do.

I

Grant the variance the road stays the same, they still build their farmhouse like they.

I

Want to do have their farms dead, but the concern that you also seem to have is that.

I

Somebody else could use the other property as another farmstead and add to more traffic.

I

Sounds like a conversation amongst neighbors, so I'm glad you got your voice heard today. Thank you.

I

Thank you anything else. Thank you.

A

Thank you. The next person I have on my own list here is lena k. Gardner.

A

If you would state your name and address for the record lena k gardener, I live at 15174 hughesville.

O

Manor drive in hughesville, but I own the property at 285 60 harvest lane in mechanicsville, okay, my.

O

Son lives in the house: okay, if go ahead, okay, and if you would raise your right hand, do you declare.

A

An affirm under the penalty of perjury that the testimony responses and statements you may give.

A

Will be the whole truth and nothing but the truth. Yes, okay, I'm sorry go ahead now.

O

I guess my biggest concern is the additional traffic.

O

That another house is going to bring to this property, but most of all, I do not quite understand.

O

Why we were told the last time that there was a house built there, that that was.

O

All that was allowed according to the regulations and now I'm hearing tonight it sounds like.

O

You're saying oh, they can have a farm stead there did I miss that somewhere in this conversation.

H

We certainly have discussed tonight a proposed farmstead.

H

And it appears it could be approved one of two ways the applicant could succeed in having the.

H

Variants approved or the applicant could not receive a variance and still have the.

H

Option to upgrade the road within the existing right-of-way to meet private road standards.

I

Mr knight, I think her question was: why is she hearing now that there's possibility.

I

Of more houses being put out there on that road, when she was under the impression that.

I

What existed was all that was allowed by law? It was the max, in fact, I think, you've.

O

Stated that a couple times tonight that the max amount of houses have been built.

O

There, unless the road is going to be brought up to state road standards, and let me tell you something.

O

I don't believe anybody is going to pay the money to bring it up to state road standards, because you.

O

Got one mile of a road from floral corner to the end where the last houses are, and that would be a.

O

Really really big bill, understood and, mr bradley, your your question about.

H

Her um prior conversations um with someone being telling her that the road had already.

H

Been maxed out, I don't believe I was a part of those conversations, so I really can't.

H

Speak to those um prior conversations, no, she was just asking, but isn't that what you were saying.

O

At the beginning of this thing that there were seven houses and then there were two.

O

Farmsteads back there, yes, um so the technical term we have to apply here is lot so there's a maximum.

H

Seven lots on a private road with two exceptions: unlimited farmsteads and family conveyances.

H

So they're proposing a farmstead, so they are not limited to the number of seven.

H

However, the farmstead is a subdivision request and subdivisions are.

H

Subject to private road standards, so the road does not meet private road standards. They're not.

H

Proposing to bring it up to private road standards and therefore the subdivision was not approved.

O

Okay and then one other, my big objection with is the traffic we already have on the road.

O

And to try to keep it as royal as it is now we have, as we have a farm on.

O

One side: that's in farm, preserve and there's been an awful lot of building around there.

O

That causes an awful lot of water to come down into that stream, which they're talking about.

O

Just before you go into the end of the road where these three houses are in the farmstead.

O

And there was substantial flooding there, one time just recently when we had the real heavy rain. So.

O

And not only that, I think that you know the ordinance was there and everybody should be aware.

O

Of that before they purchase any property. Okay, one clarification. Yes, you you've indicated that.

A

The standard to build the road to was the state standards. Those are substantially more than what.

A

The standards are in the county's regulations. It's only it's only 18 foot wide is what we're talking.

A

About here for a road, a gravel road, 18 foot wide; okay, it's not state standards where it's paved.

A

And all of that yeah? Okay, thank you. In fact, I had checked all of that out at one time is the only.

O

Reason that I know the difference. Okay. Thank you. Thank you very much. um I have mr justin brackett.

A

And you spoke earlier, you want to speak again. Thank you. Thank you. Amy brackett.

A

Okay, thank you. Josh brackett,.

A

Would you state your name and address for the record uh joshua brackett.

P

Sorry was the rest and your address.

A

Again, your name and address uh joshua bracket. My address was 28 600 harvest lane mechanics from.

P

Maryland, okay, and if you would raise your right hand, please do you declare and affirm under the.

A

Penalty of perjury that the testimony responses and statements you may give will be the whole.

A

Truth and nothing but the truth. Yes, sir, okay, please go ahead like so. My name is josh brackett.

P

I had the fortune of being able to purchase the property at the end of harvest lane back in.

P

November 19th, my intention was to buy the property that was for sale and back there and rehab the.

P

Farm that was there that had overgrown. That was my intention. I was met with a lot of opposition.

P

By the neighbors on harvest lane itself, oh pretty much the first day I showed up on property.

P

I set up with a contractor find out how much it would be to widen the road at that point um and.

P

At that point they they said it would be around 70 to 80 000 to widen it to the private road standard.

P

At that point, a risk and bought the property, hoping that I could.

P

Have a perk test to where I would be able to build a build back there without having.

P

Opposition with neighbors and not wanting to widen the road, I was then able to uh purchase the house.

P

Right next to the property that I had already purchased, I purchased the 33 acres had that I was.

P

Going to build there wasn't able to didn't want to upset the neighbors. I was able to buy the house.

P

Right next to it, I believe it was like one eight one acre, but now I live in that house. There.

P

um I would like my brother to feel the doctor with me his family, to be able to help with the.

P

Maintenance of the farm with our horses to raise with our with our children um right now. I know.

P

What one of the neighbors on I was saying: kyle burrows! He maintains the uh the first one third.

P

Of the road itself, which is the first one third of the road, is gravel. He maintains he maintains that.

P

Pretty much himself with his with his father's tractor, who owns 100 plus acre farm, which runs.

P

Outside the whole length of harvest lane, um I have, he has asked me a couple times to reimburse him.

P

For maintenance for the purchase of villains, I had paid him twice whenever he has asked, because.

P

He does a great job taking care of the gravel room. The next uh third of the of harvest, land.

P

Itself is actually paved, it doesn't need any any maintenance whatsoever. So the first three houses.

P

Have a gravel route, the next three houses have a paved road and then the remainder of the the last.

P

Part of the harvest land is remainder of three houses back there, and I maintain I maintain that.

P

Myself also- and I have been since since I have lived there- um I I don't, they said I don't want to.

P

um Interrupt the neighbors by having the widen road to have my brother built back there and.

P

Like I said, I have the 33 acres there. Now I had perk desks in two areas. One area: that's fine,.

P

It was approved the other area where I had wanted to build. Originally it didn't work out. So that's.

P

The reason why I was able to buy the house my plan with that area back there is 33 acres, divided.

P

And my brother would build a house in one area and then the remaining 16 acres that I would have.

P

With the one acre of my house, that's where our uh the barn is and the horse pastors that have.

P

Our farm itself, um I do not like it, it's not perkable, it's not I'm not going to be building.

P

Any more houses back there or subdividing in the future. I believe I had the last piece of.

P

Property back there that was able to be perked or divided into an actual farmstead 15 acres or more.

P

To build house, so this is actually the last piece of property back there at all to build, because.

P

He said the the one uh neighbor's father owns pretty much the entire length of the right side.

P

Of harvest lane all the way back, 100 plus acres, which is all in here, so that will never be touched.

P

Or built on anymore, okay or being able to build any more houses, I don't believe any houses could.

P

Be built back there unless it turns into the state requirements unless, if there's less than.

P

15 acres to the furniture to the county: that's what we don't want to do. It's very peaceful back.

P

There it's a very nice piece of property. He said I had to try to interact with neighbors.

P

At the beginning, with a lot of opposition but just keep our peace board, members have any question.

I

No sure you said you maintained the gravel road for the last part of that um road. There, yes.

P

One of the one of the neighbors uh he has maintained the first water.

P

I guess neighbors along the way, give him money to purchase a million to maintain it.

P

I haven't paid him twice since I've lived there whenever he does.

P

And beyond that, for three houses back there, I've I've got millions done the.

P

Whole length of that- and we maintain it since then: okay, pretty substantial cost to take it.

I

Yeah, okay, but yes, I I plan to help maintain the road um like I said mr uh kyle burrows.

P

Who does the front half if you need something doing the front? I have no problem tracking myself.

P

To help maintain the front portion of the uh of the roadway, um but jesus only asked for.

P

Contributions towards the millions which I have done. Thank you. Thank you any other question. Oh.

A

Good, thank you very much. Thank you. um I have on the list here, um steve vaughn and I'm guessing you.

A

Do not want to testify and that you have already yes, not at this time. Okay, thank you very much.

A

I'd also like to remind the public that is watching on tv or channel 95 or youtube that.

A

They can call in and ask the board questions and the phone number that they can use is 301-475-4200.

A

And extension, one two three four and uh while we're waiting for anybody.

A

That might wanna call in the call we'll check to see if there's anybody there. Okay.

E

E

We don't have anything, no answer yet. Perhaps she was on the line answering yeah.

E

Okay, something's blinking: let's see you want to go ahead and take that call.

A

While we're waiting is there anybody else who would like to make any public comment for or against the project.

A

E

This is the st mary's county board of appeals bracket hearing. Can I get your name.

E

And address yes, my name is todd rose. My address is 22280 meadow lane town maryland.

Q

Okay, the uh chairman is going to administer the oath, and then you will have three minutes that you.

E

Can um give your testimony okay, sir, do you declare and affirm under the penalty of perjury, that the.

A

Testimony responses and statements you may give will be the whole truth and nothing but the truth.

A

I do okay, you may proceed. Thank you. I've heard testimony speaking to the concept.

Q

Of family orientation, let's talk about being family oriented what that means.

Q

I've lived in st mary's county for 42 years. I grew up on harvest lane and always felt safe.

Q

Now, when my children come visit, my childhood home and want to play outside it raises a.

Q

Feeling of worry because it's not safe, it's not safe, because the road has turned into a racetrack.

Q

And there's a clear lack of respect from those who do not understand the history of the road.

Q

This continues, despite numerous requests to slow down. It hurts my heart and the heart of my mother.

Q

To see what harvest lane has become, this will only make the situation worse. Eventually, someone will.

Q

Get physically hurt it's not a matter of if, but when. I am for the board to take this into.

Q

Consideration and to not make a bad situation even worse. Thank you for your time uh hold on a second.

A

Do the board members have any questions? No, sir! No sir, okay, thank you very much. Thank you.

H

You want to check if we have any more she'll check to see if we have more callers.

G

Board of appeals, ms young, do we have any more callers for the bracket hearing? I have not.

G

Received any any additional calls. Okay, thank you. Thank you that will then we will close the public.

A

Testimony portion of the meeting and I'll ask mr longmore. If he would like to come up and summarize.

J

Thank you, mr chairman, and I'll, be brief.

J

You know, as we said at the outset, well, I guess to address a couple of comments. The.

J

The rules that that relate to this it's taken a while for us to get to them tonight, they're, not.

J

The easiest to read and know just from reading the ordinance provision you got to kind of think.

J

About and know that the definitions you can see it from the staff report, so I think there's some.

J

There's been some misunderstandings about what we're asking for and what.

J

This board can and will approve if you grant it or what you'll deny, if you deny it what's before,.

J

You tonight is not whether a farm set is allowed on this property. It is under the ordinance. What's.

J

Before you tonight is whether my clients can use the existing road as it's configured to get there.

J

Or whether they need to expand it in order to build the farmstead back there, that's what the.

J

County rules say, um as my client's brother testified, to there's, not other property.

J

There is the farmstead exception to do this. It sounds like from that and I believe he's accurate.

J

From what I've seen this is the last one on that road that can be done back there. So there's not.

J

Going to be a whole bunch of farmsteads, but even if there were, they would have to come before this.

J

Board to get a variance and if they were dangerous at that time, the board would have that check. That.

J

You have here tonight we believe adding this one property to it and, given you know both my clients.

J

Desire to avoid this exorbitant cost, but also the comments that are in the record from the public.

J

That submitted in writing and spoke here tonight. I haven't heard anybody that wants the road widened.

J

So the question is just in order for them to have the farmstead that not only they're allowed under.

J

The ordinance to have, but as ms clements mentioned during the staff report, the comprehensive zoning.

J

Ordinance encourages a multi or the comprehensive plan. Rather, multiple places encourages farm, studs.

J

In the rural preservation district, it's where we want them when they're farm sets they're, not.

J

Three lots that then may make it worth it to bring it up to county road standards and really change.

J

The road, so this is what's encouraged in these areas, so we we believe it's better both for the.

J

Neighborhood and certainly for my clients and we're not trying to hide the fact that they're.

J

Concerned about the cost of it that that the board grant our variants allow them to um use the road.

J

As it exists, instead of requiring them to to widen it in order to get their subdivision approved,.

J

But but to be clear this- and there are a couple comments from from the public- and I know the board.

J

Will probably make it clear, you're not approving or denying the subdivision or the farmstead.

J

Tonight, you're just deciding whether the road has to can stay as it is to be used for the farmstead.

J

Or whether or not my clients would need to expand it in order to get to their farms to.

J

So with that, that's our closing argument, certainly we're here with questions, but we thank you for.

J

Your attention tonight, thank you, any questions of mr longmore, no sure those any questions of staff.

A

I'm sorry go ahead. That's okay! um I don't know if you're the right person to ask answer the question.

L

How much traffic is on that road? Now I mean I, I don't know how to. I don't know for certain.

J

You know personally, as I sit here, we can look at the number of lots and it's all.

J

Single-Family residences and farms to you know and and ag parcels, um so my my understanding is that.

J

It's the the traffic that's generated by those residences and the farm. That's there. I I will say.

J

My clients can confirm it and test money with the board once my clients do travel to their brother's.

J

House a lot already because he has horses on the property that they help to maintain. So they.

J

Already do use that road, some so that certainly I expect they would use it more if they're living.

J

There, just because you have more reasons to come and go, but they're there pretty much daily is what.

J

They've shared with me already, so I don't think it would be a full edition of traffic, but certainly.

J

I expect it would be more trips for them, because they'll be living there, we're not trying to.

J

Pretend, like it won't add anything, but it is all all just residences there and nothing else. It just.

L

Seems like some of the concern the the concerns, the primary concern that I've heard tonight.

L

Is that people feel like by widening the road will increase the amount of traffic.

L

Then hearing mr brackett was saying that he's here almost every day helping. So I I'm a little.

L

Confused about how widening the road would make more traffic because it's a dead end. Is it not.

J

Yes, it is it's a dead end, there's no there's no through road. When you look at it and that's.

J

Certainly um that's one of the first things my client shared with me when they came into.

J

My office that we already used this a lot. You know they didn't understand. You know.

J

Why putting their home back there when they're already making several trips a day most days on.

J

The road they don't feel like it'll, add much. If anything and like I said there might be a trip.

J

Out to the store, where normally they'd be going from their other house, but I don't think it would.

J

Be as significant as a brand new person coming out there, that has no connection. You know to that. They.

J

Have animals back there that they help to maintain now, um so they have kind of a vested interest and.

J

They've been doing it with their brother since he purchased it so we're hopeful, it won't add. As.

J

Much traffic, as the fierce, maybe from from the members of the public that have spoken.

A

Any other questions guys.

A

Mr knight, not yet they have to come up with a maintenance agreement for the roadway portion.

A

That they're, impacting yes, either way um in the event that the subdivision moves.

H

Forward a road maintenance agreement will be required to be recorded, along with the plaid.

A

Okay, thank you. That was my question whether they what's the guarantee for that. Thank you.

A

Any other questions does everybody agree, that's what we're talking about it's either widening.

B

The road or not I mean that's, that's, that's all we have that's all. We have in front of.

B

Us well, if I could, I will close the meeting for discussion by the board members. Thank you, mr trump.

A

And anybody want to take a start. I think that answered lynn's question I saw in one of the.

C

Letters there was 22 cars uh kind of all the the homes there's a total of 22 cars.

C

And I don't see where a problem of adding two more most families have two cars. I don't see a problem.

C

With traffic of adding two more cars and they're there, as you said, they're there often already.

C

So I don't see a problem, I I I if I remember correctly and the numbers probably vary.

A

Based upon urban areas or rural areas, but a rule of thumb for how many trips are generated.

A

By each residential lot is probably 10 to 12., um so that would- and this per day that's correct.

A

I mean this could be more, this could be less and again it's just a rule of thumb, but I think that's.

A

That's the general area we're in 12 times 9 is 108 100. Is it a multiply right, yeah some people don't.

C

Leave it all right well right! Well, um when you think about it, you know it's a person going in.

A

And out it's a male man that serves everybody. It's um you know delivery vehicles, especially this time.

A

Of year um and and oil trucks utility trucks, all of that that's what goes into that number. You have.

A

People that are probably in in this development, I would imagine uh they're doing an extra trip by.

A

Driving down to the end of the road to get mail or newspapers or that sort of thing, because I'm.

A

Guessing they're not having delivered and someone look they're only going halfway down right right.

L

There have been other cases before us, though, that have been.

L

Labeled as a subdivision and those subdivisions have to have.

L

Have to meet the requirements of the county to widen those roads and we've.

L

Held them to that standard, but I think some of the differences in those other cases were that.

A

Not only did the road not meet the standards, but I think the right-of-way didn't meet the.

A

Standards now, of course, I've only been here a year and that's that's morgan.

A

And the thompson one was that that way: yeah, but that that was different. That was different than.

B

This 8k seven and then the eighth one is the one that is the breaker and makes it a subdivision.

L

That's the that's the breaker right there, but this is a farmstead. So then he's got eight lots.

H

You know this is a subdivision. It's a subdivision and a significant difference with the upton lane.

H

Case was they lacked the right-of-way right this um subdivision, except for the final.

H

20-Foot portion that that they'd have to propose to increase to 22 foot this.

H

Has a 50-foot and a 60-foot right-of-way, so it's not a lack of right-of-way here. Yeah.

L

No, it's like a width of for fire trucks and ambulances, and things like to access that.

L

Area back there, so it's a staff report pointed out at um as well as a presentation per the.

H

Private road standards, these the vehicle that the standards must be designed for in this case.

H

Is a 30-foot service vehicle could be, an ambulance, could be a propane truck. It could be a a ups truck.

H

um And, of course, the majority would be residential vehicles.

H

So the specific standards that I find the road lacks is the 18 foot width, which we've discussed.

H

Numerous times and um and then something that's referred to as.

H

Turnouts to allow vehicles to pass no one. No one brought that issue up.

H

um You know no um testimony thought that was a concern I was getting there.

L

There's a slide that shows the perk test back there. The three additional perk test.

H

There's um three perk tests um require two.

H

Three successful perks with a septic easement required on the proposed farmstead.

H

And then there were two failed perks on on yeah. What would remain in our parcel.

A

Any comments some questions concerns.

A

Emotion and concerning this out, our partial um and I'm, I know the neighbors are concerned about that.

B

Too, is there because I know rules and regulations change over the years, and so those septics and.

B

Everything else I mean and kind of a compromise on that would.

B

Is there a condition we could put on it to that that our partial remain in our parcel, I mean.

B

Is there any way to do that to where I know that was one of their concerns.

D

um The board certainly has the the right to place conditions on its grant of a variance.

D

That would be uh just uh I guess, speaking generally, that would be a fairly significant.

D

Condition to restrict the further use of of property, so that's not the kind of condition we.

D

Normally would place on a on a parcel of property.

D

But the board certainly has that that right, if they want to do that.

D

Certainly within your discretion or if you're willing to perhaps maybe make that condition.

A

That it come if that occurs, that it comes back to us for approval before it goes forward, and then we.

A

Do what we did tonight to see if the roads have been maintained, everybody's doing well with it.

D

Yeah and- and you could do that as well and I think um I think, as mr longmore pointed out,.

D

That uh I think that that um case would have to sort of inherently come back to you, because the.

D

Issue of the the width of this roadway would come up again if there were a uh an application to use.

D

That or to turn that out parcel into a farmstead. I believe that was the testimony we heard.

B

We also heard testimony that the one lady said that she thought this was done and over.

D

Correct yeah, yes, yeah and I think the distinction that mr knight had made that was applicable to.

D

That testimony was the the definition of lot versus the definition of farmstead.

D

Right and I think saying that, yeah and and further subdivision to convert the out parcel.

H

To a farmstead would only have to come back to the board of appeals if it would salt a variance.

H

From the road standards correct, uh otherwise the the road could be widened. Yes, so we don't need a.

C

Condition then it's not automatic excitation, yes, okay, one lab just we're just discussing.

A

Are you all ready for a motion? Yes, go ahead, all right in the matter of vaap number.

C

21-110-003 bracket subdivision, I move that the board of appeals, having made a finding.

C

That the granting of the variance is in accordance.

C

With the purpose and intent of saint mary's, comedy subdivision ordinance.

C

I moved to approve the variance request to reduce the minimum travel within the 18 to 10 foot.

H

And- and mr chairman, I'm sorry to have to do this, but I feel that that.

H

Draft motion is flawed because it did not address the turnouts.

H

So it could be modified to mention the turnouts or it could be broadened to say, variance, requests to.

H

Not meet the private road standards, I'm sorry could you say that last part again.

H

Well, it could simply say um approve the variance request to not meet the private road standards.

H

But if you want to be more specific this this.

H

Draft motion, which I do apologize for it being flawed, only mentions the travel width.

H

And um but maybe it's your preference that you only vary the travel width and then.

H

The applicant would need to provide the minimum turnouts. What's the minimum turnout.

H

So per subdivision ordinance, 30.14.6 design standards, d turnouts. There shall be areas where.

H

Two vehicles can easily pass each other at least every five to six hundred feet.

H

And this road is approximately four thousand feet long, so that would require a minimum of seven.

H

Locations that would allow two 30-foot vehicles to easily pass each other.

H

And then it goes on to say that um turn out you should do 30-foot length vehicles, correct.

H

Okay, yeah not width length right. The the design standard is a foot.

H

The design vehicle shall be an emergency response, slash service, slash.

H

Delivery type vehicle, parens, 30 foot, single unit truck and parents.

H

So when we're talking about what we're designing for that's the vehicle, we need to keep in mind.

C

So, whose property and who would make the determination of where these turnarounds would be.

H

Well, logically, they would be in the right of way and the right of way already exists.

H

More than likely, they would be in the right way if it's only very only 10 foot wide.

A

And the right away is 50. There's plenty of room in there to put a turnaround and or.

A

Turn off yeah it and then it does go on to say: turnouts shall be provided every 1000.

H

Feet to accommodate the turnaround, movements of emergency and other service type vehicles.

H

So you have the issue of passing versus turning around and currently it looks like.

H

The only opportunities to turn around would be in other people's driveways.

H

So um again, the turn around is required every 1000 feet and so with the approximately 4000 foot.

H

Road, you would need four of those now the turn the turn around and the passing could be incorporated.

H

You know into one unit, so four turnarounds could could meet for passing, so you would then only need.

H

Three more passing, but that would be on somebody else's property. Then.

H

It would be in the right of way, and the right of way is already planted for the expressed.

H

Purpose of providing safe access to and from the properties, including the proposed farmstead.

A

So what we're saying is to add to your motion at the end would be four turnouts. Two two.

A

Four well: do you, if you're, if you want to um grant a variance to not require turnouts.

H

Or do you want to, would you want to add a condition to require a certain number of.

H

Turnouts, I don't think we need to turn around we're talking eight houses, but.

L

If you occur, if you're coming in and the propane truck is coming out, someone's got to give.

L

You've got to have a way to get around each other, so that's where your turnout would be.

L

You'd, pull you see him coming you'd pull over, so he could go by or vice versa.

H

So so, if you leave the motion, as is then, the department of land use and growth management would.

H

Still require these turnouts as part of the subdivision review.

H

I wouldn't want it in front of my house. I would want it in front of your house.

L

That's fine, I don't want you, I want the fire truck to get there right. So mr mr knight has indicated.

A

The way the motion was read earlier is fine, and he will see that the turnouts are incorporated.

A

During the subdivision process recording process because you're not granting a variance to not.

H

Have turnouts so we have so the ordinances are. Excuse me. The resolution is originally stated.

A

Was is okay if we have a second uh I'll believe the emotional way it is all right I'll. Second, it.

I

Okay, I have a concern. I have a discussion point we during this whole um trial. It was never brought.

I

Up about the turnouts we haven't discussed it, the property owner, hasn't probably isn't aware of this.

I

If they are, they haven't planned for it. Now the neighbors are hearing this for the first.

I

Time so they're going to have concerns, so I think that we're adding something that.

I

Wasn't discussed during this process at all and now we're going to put the requirement on the.

I

Applicant to do something that they never came in here to do in the first place, they're asking for.

I

A variance not to do anything to the road and now we're going to turn around and say.

I

Hey well, you got to do this so you're agreeing with me. We should not change the change. The.

I

Letter, I'm thinking that we should say, like mr knight said, we're exempting them from.

I

Private road status and mr bradley just just to remember some of some of your concerns. I.

H

Did share this with mr longmore this afternoon? Okay, so he was aware of this issue all right.

I

So but during our discussion it it you're right, it wasn't unprecedented. That was presented right.

A

But by the same token, we didn't we didn't review the.

A

The perk test for that lot to make sure that they were they met standards. There are things that are.

A

Required by the zoning ordinance that are there that were not part of this discussion, I agree, but.

A

It didn't need to be yeah, he said we, we have a motion, we have a second right. Well, let's.

I

Go ahead lin, but did we did we put the maintenance red maintenance agreement in there.

H

That's already required, I'm sorry to interrupt, but that is already required by the subdivision.

H

Ordinance, okay, yeah! So that's going to happen before they record the record flat yeah.

H

I mean mr mr bradley makes a um a good point, the request, I think the applicant's request.

H

Would be to vary both the width and the turnouts yeah? It's a private road variance.

H

And and that's why I say my my prepared motion was flawed.

A

Okay, so we have a, we have a motion.

A

We know what the requirements that the county's going to impose. They have been discussed with the.

A

Applicant their attorney, and I think we should call for the vote, mr mr chair, if I may, it may.

D

Be a good idea to restate that motion since we've had quite a bit of thank you discussion. Thank you.

C

In the matter of vaap number 21-110-003 bracket subdivision, I move that the board.

C

Of appeals, having made a finding that the granting of this variance is in accordance.

C

With the purpose and intent of the saint mary's county subdivision ordinance, I move.

C

To approve the various requests to reduce the minimum travel with from 18 to 10.

B

And I'm still second, okay, mr guy, I think I sorry.

I

The variance they're asking for doesn't just cover the 18 to 10 travel with the.

I

Variance here from my understanding that they're asking for is the private road, so.

I

I think that if we go that we're going to go back to them and say.

I

You can have this variance for this part here, but you're going to have to come back to us.

I

For another variance on the rest of the conditions that you don't meet.

I

But that's automatic is that automatic, by the way that that motion is worded, I think so, with a rule.

C

State yeah, I mean they still have a bunch of other rules that they'll still have to meet.

A

And if they do not want to meet them, then they will come back for a variance again yeah. I think.

D

The way that that that motion is is worded that it applies to the width of the roadway. If we were.

D

To consider a variance from the other private road standards we would have to, and I think.

D

This is what mr knight was saying: we'd have to amend that uh that motion to make that clear.

I

So, as it's worded, does it meet what they're requesting? That's all I'm asking.

H

In my opinion, it does not. However, you do have a motion and a second.

H

And- um and I believe it does meet me with the what was asked, the motion does doesn't so yeah.

D

The question is based on what you've heard and based on what you've seen.

D

Is that appropriate for what the uh the applicant is requesting? In your opinion in mind, it is.

A

Okay, let me call for it.

A

Yes? Yes, when no? Yes, yes, yes! Okay! Thank you.

A

Let's see an order reflecting the board's decision will be prepared by staff and signed by the board.

A

Within 60 days, a 30-day period following from that date, the order is signed during which any.

A

Aggrieved party may appeal to the board's decision to the circuit court. The reporting.

A

Secretary will mail you a copy of the order when it has been signed. Thank you all very much.

A

A

Okay up next next, we will have case number two, which is shuckits llc thompson, seafood appeal.

A

J

Thank you, mr chairman, um as I believe the chair may be aware, I'm representing the applicant in.

J

The second matter as well, um this is an appeal from a decision of the director, I'm denying a.

J

Particular application that my clients had, since we filed the appeal and scheduled we've been.

J

Working with county staff to try to find another resolution of the issue that would prevent us from.

J

Having to present the appeal before you, we've discussed that with staff, and I believe, staff.

J

Can sense the requests I'm about to make to continue this matter until april 14th.

J

22.? Yes, yes, sir, because my clients will need to amend an application and get it reviewed by the.

J

County there's another matter I have before this board on that evening. You may recall.

J

Variance requests where a text amendment needed to be done so in working with staff.

J

They suggested that a date might be appropriate, we're hopeful. We will work it out and be able to.

J

Withdraw our appeal request, but we would ask for a continuance until april 14th.

J

2022 continuance, you're right yay looks like the board has granted the continuance.

A

To april 14th at 6 30 p.m. Yeah we don't need a formal motion and second and vote.

D

Why don't we just go ahead and I'll make turn that into a motion? And mr, mr chairman,.

J

If I may, if we can also say the location of the meeting, uh so there won't be any.

J

Problems with the notices. Thank you here. Yes, yes, okay in the matter of z, number 21-0967.

B

Duckett's llc we'd like to continue that meeting until april 14th.

B

2022 here at the governmental center that'll be at 6, 30 p.m, at 6, 30 p.m.

A

6 30., okay; second, second, all in favor all right, hi, okay, thank you, mr trump, and if we could.

A

Take a 10-minute break until 20 after eight and then we'll be in the last case.

A

Two three: four: five: an attorney another attorney: we're ready to go: okay, I'll call the meeting back.

A

To order, we will now have the presentation of our third case for this evening. Zaap 2017.

A

Mechanicsville dollar general, and I guess we will have mr knight and mrs clement clements- make the.

A

Presentation for the county- and I would remind you all- you've been sworn in for the meeting tonight.

E

Okay, I will be presenting zaap 20-130.

E

Mechanicsville dollar general on the applicant is requesting to appeal a decision.

E

Decision of the planning commission on august 9 2021, the planning commission denied the concept.

E

Site plan approval for a proposed 9100 square foot, retail sales building.

E

Legal ad was printed in the local newspaper southern maryland, news on earth news on november.

E

19 2021 and november 26 2021, the applicant posted the property and sent notification.

E

To the neighbors before november, 24th 2021.

E

Okay, tonight's hearing is a request for concept site plan approval. It is to be heard de novo.

E

Which means a fresh start, a new hearing record begins. Therefore, this staff presentation is.

E

A modified version of the presentation that was submitted to the planning commission, okay,.

E

Okay, dollar general: this site is located at 26311 north sand gates, road.

E

Also known as 26 350, three notch road mechanicsville.

E

The concept site plan seeks the approval for a 9 100 square foot, retail sales building.

E

Okay, this is a location map. It is located in mechanicsville, just south of the oakville.

E

Elementary on maryland route, 235 at the intersection of north sand gates, road.

E

The existing conditions.

E

The lot is mostly wooded.

E

Is located in the rural preservation, land use.

E

Okay, the land use is rural preservation for the comprehensive plan. Rural preservation, land use.

E

Includes prime farmland, timberland and mineral resource lands, agricultural.

E

Agriculturally related industries and limited non-farm cottage industries.

E

And low-density non-farm residential developments characteristic of the county's.

E

Rural character, which are to be preserved for a wide range of economic and aesthetic purposes,.

E

It acknowledges continuous non-conforming, commercial and residential activities on the.

E

Existing parcels throughout the district but limits their expansion or creation.

E

Once the sony map is located in the rural commercial, limited area, the regulations.

E

For the rural commercial, um limited district accommodate existing small scale, commercial uses.

E

Serving localized markets in the county that are scattered along the highways and, in some cases.

E

Clustered at intersections, where such existing uses are compatible compatible in scale with the.

E

Character of the rural area and are devoted to the local market, their continuous operation and the.

E

Opportunity for reasonable expansion is consistent with the policies of the comprehensive plan.

E

Rcl districts provide for the continuation and the limited expansion of such uses.

E

Use type 76 is retail sales, general establishment in establishments engaged in high volume, retail.

E

Sales of goods and merchandise not specifically listed under another used classification.

E

Use types included are department, stores, discount stores, retail warehouses and shopping clubs.

E

Home furnishing stores, pharmacies and supermarkets and establishments.

E

Engaged in retailing or wholesaling of building supplies or equipments, including lumber yards or.

E

Or including lumber yards and implement tools and equipment sales, retail sales, general use.

E

Number 76 is a permitted use in the rcl district site plan. Approval is required.

E

The concept site plan was reviewed at the tec meeting held on september 23.

E

2020 all required agencies approved the concept plan without identifying any outstanding issues.

E

And this is the site plan concept, site plan.

E

And this is sheet2.

E

E

Okay, the concept site: okay,.

E

Okay um staff entered the original staff report to the planning commission with attachments.

E

One through twelve, as seen on board docs and provided to the board of appeals into the record.

E

20, okay for all non-residential and multi-family residential projects that require major site.

E

Plan approval, a concept site plan shall first be approved by the planning commission before.

E

The major site plan may be processed for approval by the planning director in order to approve the.

E

Concept site plan your boards, acting as the planning commission, shall make the findings of.

E

The proposed development, it is consistent with the comprehensive plan in applicable functions.

E

And applicable functional plans. It also may be served by adequate public facilities, as required.

E

By section, 70.2.2 will promote the health, safety and welfare of the general public.

E

It adequately develops recreational other community amenities that are provided in.

E

Accordance with the comprehensive plan and the comprehensive zoning ordinance.

E

And it also is consistent with chapter 62 design objectives. Okay, are there any questions.

C

Any questions, no sure um could you go back to the slide.

A

That shows the aerial picture of the intersection and the site: okay, the aerial existing conditions.

A

Yes, that's it, okay, what is the building across the street? That is a church that is a church. Thank you.

A

Anybody else any questions, no sure, okay. Thank you very much. Stacy you're welcome um mr longboard.

J

Thank you again, mr chairman, uh for the record chris longmore, with dugan mckissick and longmore.

J

Here on behalf of the applicant um in this appeal uh this evening, uh we do have a powerpoint that.

J

That stacy has been kind enough to put up for us this evening if we could go what I'd like to begin.

J

With is just introducing who, from um our team, is here this evening, to present uh this to you.

J

uh Mr ben cyput is not in the room, but he is participating by zoom. He is with pentex.

J

Ventures who is representing the applicant uh tonight, they're the developer of the property.

J

Jackie chandler, with traffic concepts, is here to discuss any traffic concerns you have and she.

J

Has a presentation that you'll run through as well tim lesner with lorenzi dodds and gannell.

J

Is here, as the that will run through the site plan and go through all the the technical aspects.

J

Of the project, and as mentioned I'm here as the attorney for the applicant this evening,.

J

um And you can see our our rough agenda there of the topics we're going to cover, so we can't go to.

J

The second slide stacey. Yes, um I'd just like to to reiterate a little bit of what we're here for.

J

Tonight I know the board has handled these matters before but they're, not as frequent.

J

As some of the other matters you handle, this is an appeal from the planning commission, but.

J

This board sits de novo in its review and as staff has shared and- and I believe legal counsel agrees.

J

You're to consider the evidence, that's before you tonight you have, you can ask any questions.

J

We can present new evidence if we want and you as a board are not required to give any deference to.

J

The decision below it's your decision tonight you sit as if you're, the planning commission and you.

J

Make the decision of whether or not my client has met the standards for concept, site plan approval.

J

In this application, in particular, as mr lesner and ms chandler and and my app, my client will share.

J

With you, we believe we clearly meet all five of the standards necessary for this. This application.

J

We don't feel as close to meeting those five standards and that's why we're here tonight asking.

J

You to review the application and approve it. So if we go to the second slide, this is a concept.

J

Site plan, and as mentioned in the staff report, chapter 60 of our zoning ordinance.

J

Sets forth that process um I'll share a slide in a minute both for the board's.

J

uh Reference and for anybody watching um in the public, uh the planning commission.

J

Is vested with that authority to approve the concept site plan under a zoning ordinance that.

J

Is typically the only step where a site plan like this will go to the planning commission.

J

um And you're actually sitting as the planning commission tonight. So that's where we are.

J

There is, there are other steps after this, and that is sometimes, I think, leads to either confusion.

J

Or concern by folks that testify here. These are not the final engineered plans for this project.

J

It's a concept site plan, not the final site plan. The way our zoning ordinance is written.

J

Is that the public hearing stage of a site plan before the planning commission is done at concept.

J

Level not at final level that, as I recall when the zoning ordinance was changed many years ago now,.

J

The idea was to allow applicants and the planning commission to review applications earlier in the.

J

Process so they could review it one before all the applicants had spent a lot on their final.

J

Engineering, which is a real, significant endeavor, but also to get comments early on so an applicant.

J

Didn't go the wrong way and then come have to come back and change a lot of things after that.

J

That is our process, and that's the process that we don't believe was followed below.

J

What I want to give assurance to the board of, and anybody listening, is that the concept site plan.

J

Approval is not the final approval of this process. My client will need to continue to work with all.

J

The applicable agencies and the land use staff to meet all the final engineering requirements.

J

Before they can get a final approval, if we can go to the next slide,.

J

This is a chart that probably nobody can read him if you blow it up a lot, but this.

J

Is found in our setting ordinance, it's figure 21.1, a that goes through various processes.

J

And it's the flow chart that is in there as to how certain approvals are granted within.

J

The zoning ordinance if we go to the next slide. This is an excerpt of that larger.

J

Flow chart- and this is the portion that governs a major site plan, the major site plan, approval.

J

Process, which is what we're here for tonight, so the you know first part the applicant submits.

J

The major site plan it goes through tec to look at at apf requirements. The concept.

J

Site plan is reviewed. This one was reviewed by the tec, as you saw in the staff report.

J

I'll note and I'll highlight again at the end, all of the tec agencies that reviewed this approved.

J

It or passed it on with no concerns and said it was ready for concepts like plan approval that.

J

Includes dpw health departments, oil conservation, district, metcom, department of natural resources.

J

uh Health department, if I didn't mention them, the state highway administration, all of them approved.

J

It for concept, site plan approval, which is what we're here for tonight again you're standing in.

J

The roles of the planning commission so we're in that third box right now in it and then we have.

J

Then my clients will have to prepare a final site plan. Should you approve their application tonight.

J

Get additional tec agency approvals and then it goes to the planning director who is here tonight.

J

Mr hunt, and that is not an insignificant process either. That's a very detailed review of all the.

J

Of all the measures that are required under the ordinances that my client will need to meet um so.

J

That's where we're at I'd like to share that again. This is not the final uh review. This is instead.

J

Does my client meet the five criteria that ms clements mentioned, that they will need to meet and.

J

That's what we think we'll be able to prove in the testimony tonight. So if we go to the next slide.

J

What I'm going to to do now unless there's a question about our view of the process and.

J

What we're asking for tonight I'll move over to my right and let mr lesner come up and he's.

J

Going to present more the application itself and then miss chandler will be available to do.

J

Her presentation about traffic and answer any questions that the board has about that. But I.

J

Don't know if there's any questions before we turn that overboard for mr lauren moore, no sir, okay.

A

Thank you not at this time. So with that I'll. Ask mr lesner to come up out step over to the right.

A

Mr lassner, would you stand raise your right hand? Do you declare and affirm, under the.

A

Penalty of perjury that the testimony responses and statements you may give.

A

Will be the whole truth and nothing but the truth. Yes, therefore, you may proceed.

R

Good evening I'm tim lessner with lorenze, dons and gannell. Our firm is the engineer of record.

R

Our client is pentax who develops these types of sites, and we were engaged to work on this project.

R

A little over a year ago, and we prepared various site plans and drawings submitted them to the.

R

County, what I'll do is I'll just run through the site, for you uh kind of give you like a little.

R

Brief overview of the entire project, so the slide before you now shows the site, of course,.

R

um You know where it's at it's in the corner of um 235 and north sand gates, road.

R

The site is approximately 2.56 acres. It's almost entirely wooded.

R

At the near the intersection, there was an old house there, many years ago, the access.

R

Or I'll say the old driveway still services the property, but it's pretty much grown over now. Also.

R

The the zoning for the site is rcl. um Of course the property lies on tax map, 19 parcel 269 grid, 4.

R

There are no wetlands on the site, the topo just to describe the site a little more.

R

Is uh kind of flat up in the corner of the property, then it kind of rolls down. There's.

R

A large pipe that goes underneath for drainage um just about in the middle of the site that.

R

Goes underneath the highway and then the site goes back up and, as I said, it's pretty much completely.

R

Wooded property behind it, as you can see on this on the feet on the drawing, is a large field. It's.

R

Farm there's beans and corn back there most most of the summers. Currently the site is vacant like.

R

I said there was a house on the property years ago. That's since been removed, um our proposed use is.

R

As described by staff is a sales retail site that will be a dollar general. um The sewer category.

R

Is um nps which is no planned service, so it will be serviced by a septic system.

R

Private septic system- we've perked, the property uh health department, has acquired satisfactory perks.

R

And of course, there will be a a private well on the property. Also that will service.

R

The facility, um if you can go to the next well, let me back up one more site here.

R

The off to the left there is, uh or the north is oakville elementary school.

R

It's quite a distance away. There will be a buffer left in the back so from the school you.

R

Probably won't even see our site, um of course across the street, is the faith baptist church.

R

Or faith bible church, um their access is directly across the highway. So there's a.

R

Crossover right there also and then to the south is a small little retail.

R

Center there, of course, they have an access to access points off of the highway and then one.

R

Off of sand gates road, also, of course, that site's been there for many many many many years.

R

So if you could, please go to the next slide, this is just the land use map.

R

The entire property is rural preservation, of course, the the the school site and the church sky.

R

Site are considered public lands just a little more information about our site and the zoning.

R

There's a 50-foot building restriction line on route 235 and a 25-foot billing restriction line.

R

On 472, which is sand gates road, according to the zoning code, there's a max building height to 40.

R

Feet and max and our building our proposed building size is 9 100 square feet. uh The.

R

Far or the floor area ratio is zero, eight, which the maximum allowed is point two five, so we're.

R

Well, beneath what's allowable and then of course, um we'll have a loading area also which we can get.

R

Into a little bit as we describe the site plan, so if you can go to the next slide, please, okay,.

R

Landscaping, of course, um in this zone we would be required to put a buffer yard along route 235.

R

And a buffer yard that would be a buffer yard. A um and they'll also be a buffer yard across.

R

The back of the property, which is we call it the posey property, which is that farm we mentioned.

R

uh Minimum required landscaping and the rcl is 15, which we well meet: landscape parking parking area.

R

You can see the landscape breakdown is one tree per uh 10 parking spaces which equals five.

R

Trees well we're way above that, as far as the overall site, but we certainly provide the minimum.

R

Interior parking or I'm sorry, interior planting requirement is ten percent of the parking facility.

R

We meet that requirement so um by by require providing 1937 square feet so we're we meet that.

R

Requirement also and of course, parking for this size building. We are required to have 46 spaces.

R

And we've provided 46 spaces also that includes a few parallel spaces and two handicapped spots also.

R

Next slide, please again, this is just a map showing the zoning rpd in the back and, of course, our site.

R

Is rcl and, of course, the commercial site across the street from us also is rcl also.

R

Next slide, please, there are no wetlands on the site. This is the national wetlands inventory photo.

R

There are wetlands across the street behind the the church and, of course, our site flows.

R

To the south, so our site flows underneath there's a pipe system underneath the highway and then it's.

R

All connected underneath the parking lot of the church, and then it connects to that.

R

Wetland stream area that flows south also so drainage isn't the problem we do have.

R

To account for it, of course, in all our drainage studies in our or on-site storm order, management.

R

Next slide, please, okay! So here's a site plan of our proposed site.

R

um The unique situation about this site is it's a long and skinny piece of property.

R

um It is what it is so we're we've worked with it to the best of our ability. um We have the entrance.

R

To the site is off of um uh 472 sand gates. Road we've pushed it back as far as we possibly can to.

R

Get it away from the intersection of the highway, um you know the site, will you know you'll enter.

R

The site there's kind of a roundabout area within it parking uh asbestos. You know, we've got the 46.

R

Spaces placed strategically the septic system is up in the far right corner.

R

Of the site, so we will the the site will get pumped over to that it perked very well, so that.

R

It doesn't require a whole lot of septic trench line, but um it will.

R

Be serviced by a private system, there will be a well also, of course, all the drainage.

R

Will actually flow either into a small storm water facility kind of on the right side of the property.

R

Or, of course, the large site behind the um the to the the building uh so there'll be a storm water.

R

Facility back there and there's a lot of drainage that comes from the neighboring farm behind us.

R

We'll collect that in a swale system and all the the storm water will be collected, managed.

R

Through the esd stormwater program, so it will be released in a very timely manner and cleaned.

R

Before it leaves the site and, as I said, it'll all basically flow through that pipe system that.

R

Goes underneath three notch road and then down and connects to a stream off site to the south.

R

Of course, this is a one-story building that we're proposing it's set back. uh You know 50 plus feet.

R

From the um from the three knots road, it meets the 50-foot setback in the front. um Of course, it's.

R

Strategically placed um so that we can have the part uh uh parking situation where.

R

You know it's kind of a in and out situation where there's a turnaround area so to speak. um That's.

R

Probably about it for the the site off to the left up in the far uh triangular area, that will be a.

R

Forest retention area- and that, of course, is the buffering to the um to the school site. um You can.

R

See there's some wood line across the back. Those trees are on the neighbor's property, so um it's.

R

A nice stand of trees, so it will provide a fairly decent buffer to the back. The back property also.

R

And if we could go to the next slide um well, let me back up one more time. Please! Yes, sir.

R

Back up um also on this site, we will be required, after coordination with the fire department.

R

We will be required to put a 10 000 gallon fire suppression.

R

Tank in here, it will have a dry hydrant connected to it, and this, of course, is for fire protection.

R

For our building, but the good thing about this is this: will help um uh with you know if there's ever.

R

A fire in the neighborhood, the fire, the fire uh department, will have access to it, so that.

R

Would be an attribute to the entire neighborhood there's another fire suppression tank about a mile.

R

Half a mile a little over half a mile as opposed to the south in the industrial park. So this is.

R

You know one more feeder so to speak, that the fire department will have access to.

R

Okay, so also on this plan, it has a detail for that fire tank down at the bottom left-hand corner and.

R

Just also on here it has a detail for bollards, so they'll be a well placed in the middle of one of.

R

These islands be protected with bollards, also so there's a bike, a bike rack here, also for if.

R

Anybody would choose to ride their bicycles here in front of the building. There'll be a sidewalk.

R

Of course, but there'll be a bike, rack placed there, also um okay, so if you could go to the next slide.

R

Okay, this is a rendering of the building that my client will speak to shortly, um so we'll come.

R

Back to that a little bit. But if you could move forward again and there's some slides.

R

Here for the traffic engineer, to explain also so with that, I think um perhaps we'll.

R

Let my client speak for a moment about the building, so if we could go back to the buildings.

R

And he is um online, I'm here um if you could hold off for a second any questions of mr lester.

C

No sir, no! No, okay, okay, okay, okay, so with us on the phone is um ben. um So if he could.

R

Introduce himself and I'm not so sure I need to swear him in or not yeah go ahead and introduce.

A

Yourself and then we'll swear you in please sure my name is ben sotput and I'm with pentax ventures.

S

The developer of the project: okay: do you declare an affirm under the penalty of perjury that the.

A

Testimony responses and statements you may give will be the whole truth and nothing but the truth.

A

Yes, I do. Thank you. Please go ahead. Okay, um I'll keep! You brief on the proposed building elevation.

S

Designs here we try to comply with chapter 62. Design objectives by the building design is.

S

Compatible with both the existing nearby buildings, which are located across both of the roadways, we.

S

Match those buildings with a brick look of both of those buildings, and we also tried to match.

S

The fowler industrial park right down the road, the best we could um per chapter 62, we kept the colors.

S

In tones muted and nothing bright, uh and then we also tried to mimic the design of the dollar.

S

General, which is located a little bit to the south in hollywood with the browns and.

S

Earthen towns, with uh ethis and nichihawa, which is a fiber cement, board, siding material. We tried to.

S

Do the best we could to match the character of the neighborhood design as compatible as possible.

B

Any questions any questions, no.

R

Right, I might just add that these photos, or these drawings here, of course, the dollar, the the third.

R

Sketch down with the you know, the sign dollar general that would face our parking lot.

R

um The the the the um rendering on the bottom line, that's what would face I'll, save the highway 235.

R

So dollar general will face sand gates. Road, the the drawing on the bottom will face. uh The highway.

J

And it's probably worth noting that it has the the faux windows and those design features as.

J

Well again, that's in compliance or attempting to be in compliance with chapter 62 of the.

J

Zoning ordinance that has design standards uh to suggest that kind of breakup of the visual.

J

Look of the building, so that is on the front. What's fronting 235.

R

Right and I would also mention that the the buffer yard across.

R

The frontage of the property will have a berm, also a earthen berm, so there'll be.

R

Plantings on top of the earth and berm to help hide some of the parking also.

A

So deliveries will be through the front entrance underneath the uh dollar general sign. Perhaps.

R

Some of them, although there will be in directly in I'll, say in front of the building on the 235.

R

Sign or side yeah right in there, that's where trucks will back in okay. Also, there's a dumpster.

R

That will be screened properly and there's uh you know that the bat the loading area will be there.

R

Also, they may take some in through the front door, but most of them will be on the 235 side.

J

Yeah, if we flip to the to the next slide again, the elevations.

J

If you see on that bottom uh representation, the the loading areas in the back there, where you.

J

Can see the okay, the kind of freight door in in the back side of that so.

J

The larger trucks that come in and unload there will be away from where the customers.

J

Are walking in through the front door? Mr richard, mr lohmer, I've got a question I'll try to phrase.

C

It correctly who did the analysis of the customer base and where are the customers coming from.

C

Coming from north or south, uh are there commuter traffic coming through there for their customers.

C

Who is your customer, so I think probably the best way to answer that is. I'm gonna ask mr saipua.

J

To share because he works with dollar general, who did that analysis? It was there when they.

J

Were deciding whether the location would be appropriate for them, he can share a little.

J

Bit of his understanding of that um and then when miss chandler testifies about traffic, she.

J

Can share where the where the traffic chips trips are expected to be generated from so.

J

So ben, do you mind sharing your understanding of how dollar general goes through just a second.

C

I'll try to rephrase the question: who is your customer base and where are they coming from I.e.

C

North or south, uh are you looking for people going to the base on the way back from.

C

Basically, who's your customer base and why'd. You select this this lot to build a playbook, build on.

C

uh Sure so dollar general has their in-house market planning division. That.

S

Analyzes data to employ specific areas, they want for new stores.

S

um Our customers will come from the north they'll come from the south. A lot of the folks that stop.

S

In the dollar, general stores are just asked by travelers they're already traveling. These roadways.

S

Dollar generals- don't typically in jackie, will probably touch on this in a few moments.

S

uh They don't generate a lot more new traffic. It's mostly passed by commuters that are already.

S

Traveling those roadways going those directions in the morning to work from work, etcetera, so.

S

Is that the answer question, do you hope to get the the commuter traffic or are you talking to.

C

People that come during the 10 o'clock, 11 o'clock.

C

What's it what's the peak time or peak times that you expect customers to come to the store.

S

I I think, that's coming up in the next couple: slides.

S

Wait if you flip I'll, let jackie come up or if you want to yeah, I I think ben. If.

J

I'm correct in in the traffic analysis that miss chandler has done. She can share kind of the peak.

J

Trip levels and when they expect, I expect the most correct yep, that's what we brought jackie for yep.

A

Any other questions: okay, okay, so I think we'll have um miss chandler from traffic concepts comes.

R

Up and explain the the traffic um and then um I'll come back and say a few more things for the record.

A

Could you could you state your qualifications? um Well again, my name is tim lesner and I'm with.

R

Lorenzie dodson ganell, I'm actually a landscape architect, but I've been with lorenz lorenzi dodds.

R

And ganel since 1985. um I've done many projects throughout st mary's county over the years.

R

uh We work a lot in charles county and prince george's county, also, okay, thank you very much. Yeah.

A

Would you please remain standing and raise your right hand? Thank you. Do you declare.

A

An affirm under the penalty of perjury that the testimony responses and statements you may give.

A

Will be the whole truth and nothing but the truth. Yes, I do. Thank you yeah. You may proceed.

J

Thank you and miss chandler before you get into your testimony, similar to the question the chair.

J

Just asked, mr lesner: can you share your your training and experience? You know with the board.

J

Before you get into your testimony sure for the record, my name is jackie. Chandler.

T

My firm is traffic concepts incorporated. I have been with the firm since 1993.

T

Prepared numerous traffic studies throughout st mary's county throughout the state of maryland.

Q

Okay, thank you. Thank you. um So, first off um I have not prepared a traffic impact study for.

T

The dollar general- it's not required in st mary's county, as well as the state highway administration.

T

The requirement for a traffic impact study is 50 peak hour trips or more.

T

The dollar general will generate less than 50 peak hour trips and therefore a full traffic.

T

Impact study is not required. The county does still require us to prove that the intersection.

T

Will operate an acceptable level of service.

T

Since this project is outside of the development area, the intersection of 235 at 472 is required.

T

To operate at a c level of service or better, this first slide, it shows the intersection and.

T

We obtained the count that was conducted by the state highway administration and it was from 2015.

T

That sounds a little old. We didn't conduct a new count because of covet issues.

T

So we took the only historical data we could get from state, which was from 2015.

T

But also researching the state highway data they have traffic counts along the 235 corridor.

T

And their count along 235 in this area in 2015, showed an adt of 27 062.

T

And the more recent in 2019, which again is pre-covered, um it was actually reduced to 23.

T

460., so my opinion is that the 2015 data is likely higher than what existed in 2019.

T

Certainly higher than what exists now because of cobin coven.

T

That data from the state highway administration showed the level of services in a.

T

Which is the best level of service? The grades are similar to a grading system in school.

T

So it it wasn't a level service in 2015.

T

uh Traffic volumes were shown to decrease since 2015, so it is likely still an a level of service.

T

um This slide just shows other adt's along 472, which is north sand gates road, uh the adt there.

T

Is 2333 that's from sha data in 2019., jackie before you go, do you mind just sharing the term.

J

Adt, just so it's clear for the public that might be listening. Yes, that's average daily trips.

T

So that's not necessarily cars. A trip, a trip is in one direction. So when you enter a site, that's.

T

One trip that same car exits. That's the second trip, so it's not necessarily vehicles. It's trips.

T

um Any questions on that before I go to my next slide.

T

Okay next slide, please um so the trip generation rates, um the institute of transportation and.

T

Engineers has a trip generation manual. This was taken from the 10th edition.

T

They predict different trip generation rates for different uses. They do have a category.

T

For a dollar general um and they predict the am peak hour trips now this is.

T

This is the am peak hour of the adjacent roadway, so it it may not be the peak of the store itself.

T

But it's the peak when the most cars are on the road itself, so the am peak hour is generally one.

T

Hour between seven and nine in the morning, and then the pm peak hour is one hour that.

T

Fits in between four and six pm, um st mary's is a little bit different because of base traffic, so.

T

That can change from three o'clock to seven o'clock, but it is one hour within that time frame.

T

um So the store is predicted to generate in the am peak you can see on this chart.

T

17 vehicles entering during that hour and 12 vehicles exiting in the pm peak hour.

T

32 vehicles entering and 30 exiting the average daily trips are 578. again a trip.

T

Is one and one out: that's not 578 vehicles. That's half of that now. My next line shows pass by trips.

T

The ite manual also, they do studies for certain uses to determine uh a percentage of pass by what.

T

A pass by trip is um a vehicle. That's already on the road that says. Oh, I want to stop at the dollar.

T

General and they pull in, they get their whatever they're going to buy at the store. And then they.

T

Head back in the same direction, they were going so they're, not a new trip. It's not somebody! That's at.

T

Their house and says: oh, I need to go to the dollar general, so I'm going to make a specific trip there.

T

Ite estimates for these type of stores that a pass by is 34 in the pmp they've only studied.

T

The pm peak, it doesn't mean that pass by doesn't occur in the morning or average daily. It's just.

T

The only study that they have so when we take the reduction in the pm, 34 percent, pass by those the.

T

Vehicles that are already on the road, um the pm peak hour, trips that are new trips, um are reduced.

T

To 21 entering and 20 exiting, we didn't reduce the other am or or average daily trips um next slide.

T

So, as I mentioned before, um we didn't prepare full traffic impact study because.

T

The county and the state don't require it for a use that generates less than 50.

T

Peak hour trips, but we are required to prepare an adequate public facilities report which is.

T

The report- that's on the right side of this slide. This was prepared in october of 2020 and.

T

Approved by the department of public works and transportation.

T

This shows, basically the data that I just went.

T

Through that, the intersections projected to be an a level service.

T

Sort of gives the it land use code variety store the size of the store, the trips that.

T

Will be generated that form was approved by dpwnt, which is the letter on the left side.

T

um In addition, I should note.

T

State highway administration had no objection to concept plan approval as well their requirements.

T

Are basically the same, if you don't generate more than 50 peak hour trips, you don't have to.

T

Prepare a traffic impact study, it's assumed that it's a minimal impact.

C

Miss chandler, yes, I'm having trouble stating my question so I'll. Try again, who is your customer.

T

Okay, so um ben's question or answer, I guess was more of you know his customers he's assuming.

T

You're going to be north and south, there they're going to be folks that are live in the area.

T

My projections say that 34 of the customers will be customers that are already on the road.

C

So there'd be passed by customers in correct. He said 45 would be local.

C

Residents that would come there any time the day that they wanted to then correct. So so.

C

To answer the question who's the customer, then you say most of them are local people.

C

Local residents, they will be local. Yes, yes, this won't draw from outside of the local.

T

Area other than the folks that are of the pass by trips. Okay, understand: there's no.

C

There's no stop light. There would most of these customers come from the north or from the south.

T

Again, we did not prepare a full traffic impact study because it's already an a.

T

Level of service- but I you know, based on the traffic volumes that exist along the roadways.

C

I'm not looking for traffic, I'm looking for customers.

T

I would assume it would be probably a 50 50, split north and south okay. Thank you and mr.

J

Richardson talking about where the customers would be coming from one of the comments that was raised.

J

At the prior hearing is that there there is another dollar general course in hollywood, mr sipa.

J

Just just mentioned that and there's one further up at the intersection of five and and 235.

J

um So folks, that want to go to a dollar general if those are closer, are likely going to go to this.

J

um So this isn't something that's going to draw from a wide, ranging area, I think, is what miss.

J

Chandler one of the points she was making it's more of a local convenience type store.

J

For the necessities that people might need, the dollar dollar general provides us.

C

So it's safe to say: you're not depending on traffic to and from the base you're more.

C

Residential people, then that's my understanding of their model and, like ms chandler said there.

J

Are some pass-through that may be coming going from the base? Somebody might see it and say: hey.

J

Pick up some milk on the way home and I don't have to go to the larger grocery store down the road.

J

And fight through that crowd, that's their their business model. It's it's a convenience for those.

J

Necessities, it has more than a convenience store more than a than a gas stop. That has ready-made.

J

Items almost exclusively and and smaller items it has household necessities and those things.

J

So there will be a if I heard you write about 34 today that that's the prediction from the.

T

Institute of transportation engineers that may be a little different for from ben's perspective from.

T

I'm sure that it's different for each store for them. It may be a little bit higher than that.

T

But that's an average of all. A variety stores is assumed that 34 or folks already on the road.

A

Any other questions no.

A

Ok, thank you, jerry and miss janner will be here for.

J

If there are any additional questions and if there's any questions that the public.

J

Provides, I believe mr lesner wanted to come back up and and go through a few more items.

J

um And then we'll do a summary and and and I guess it'll be time for public comment.

R

Right, okay, so just to kind of summarize here concept site plan is what we're after and as.

R

As as was alluded to earlier, this is the beginning of a lot of more work to be done.

R

Detailed final engineering that will ultimately be approved by the planning department and the.

R

Land growth management office and public.

R

Works and state highway, and you know all the departments that you know and love.

R

They'll all have their crack at this in the future, but as we are right now, section 60.6.2.1.

R

Basically describes that a concept site plan shall first be approved by the planning commission.

R

Before a major site plan may be processed for approval by the planning director.

R

So that's where we are right here, section 60.5 sets forth at the findings that the planning.

R

Commission shall make as to the proposed site plan, the proposed concept, site plan and other approvals.

R

Will be needed to obtain to be obtained from the planning director at a later point in time.

R

um Notably, these are you know, more additional, adequate public facilities, requirements that.

R

Per chapter 70, along with all the final engineering plans,.

R

So if you could go to the next slide, please, okay! So as also alluded to earlier a concept site plan.

R

Must meet um certain criteria and to approve such a plan like this, the planning planning commission.

R

Shall make findings that the proposed development is consistent with several items number one.

R

Is is consistent with the comprehensive plan. Number two may be served by adequate public.

R

Facilities as required by section 70.2.2 three is consistent with the county annual growth policy.

R

uh D are four: is: will promote the health, safety and wealth welfare of the general public. uh Five.

R

Is adequate adequately developed, recreational and community amenities are provided in accordance.

R

With the comprehensive plan and the comprehensive zoning ordinance- and finally is it's consistent.

R

With chapter 62 of the design objectives, so I'll just go real briefly I'll go through each.

R

One of those and tell you how we've met those requirements. So if you go to the next slide.

R

So a or number one is consistent with the comp plan, so the parcel was zoned rural, uh commercial.

R

Limited or rcl um vision, two point b of the comp plan calls for commercial uses in the rcl.

R

Which is obviously what we're doing and use 76 is retail sales general is permitted within the rcl.

R

Selling district, so this is, of course consistent with a comprehensive plan and the chart to the.

R

Right of that, if you follow it across, um it has a where the the the red lines intersect. It basically.

R

Shows a p which is permitted, um so this is a permitted use in the rcl zone. Okay, so down below.

R

B or number two may be served by adequate public facilities as required by 70.2.2. So all.

R

Tec agencies have provided their um comments and their approvals and um and uh basically what you.

R

Just wanted to demonstrate to you that we did go through the tec submission process and all these.

R

Agencies have approved the um the the tec concept plan, so the fire board approved it on may 18 of 21.

R

Lagum approved it on july, 26 21 dpw approved it twice actually on november 10th of 20 and.

R

May 24th of 21 the health department approved it on may 26th of 21 state highway, approved.

R

It on may 27th of 21 metcom approved it on october, 15th of 20 and the forest conservation.

R

Fsd in the final or the four stand delineation in the forest conservation.

R

Plan approved the forest conservation plan were approved on actually twice.

R

Again on may 19th of 21 and june 10th of 21., we actually had to have a tree variance approved.

R

For the removal of a one large tree that was approved by uh lagum on june 23 of 21.

R

And the soil conservation district approved it on may 7th of 21. and also, as described earlier, the.

R

Architectural plans went through a detailed review, conceptually speaking, and that was approved by.

R

Lagum also on may 26th of 21., so we believe we've had a quite a thorough review already of the plans.

J

And tim, if I can just jump in on this standard, sometimes there's some confusion about it. If you.

J

If you look at the language of the standard that must be made, it says, may be served by.

J

Adequate public facilities, as required by 70.2.2, which is a chapter in the zoning ordinance. This.

J

Is one of the differences between concepts like plan and final site plan, this board and.

J

The planning commission before does not have to find that the project does meet all the adequate.

J

Public facility requirements it needs to show that we've demonstrated that we may do that.

J

That determination of adequate public facilities is not made at the concept site plan approval.

J

Process, it's made at the final site plan approval by the director bill, hunt who's here today, so.

J

Once concept site plans are approved, there's more submittals done. There's more engineering, there's.

J

More comments made once that is final. Mr hunt has to sit down and review with all the agency heads.

J

Whether this meets the final apf, so that's not your job here tonight.

J

We need to demonstrate simply that we may be able to do that, and we think what mr lester just.

J

Went through clearly shows that so I'm sorry go ahead. Yeah. Thank you uh next slide. Please.

R

So number, three or c: it's the that it is consistent with the county annual growth policy.

R

And basically, to put a nutshell, we're not this isn't really applicable to that, and the policy.

J

Has been rescinded or put on hold by the county if you'll notice in the uh staff report, they.

J

Don't even list that that standard in there it's in the zoning ordinance, so we provide it in case.

J

There's any confusion, but the growth policy is not in effect, it likely wouldn't apply to this.

J

Project anyway, I agree, but it's not in effect even for for residential projects. At this point right.

R

um D or four, it will promote the health, safety and welfare of uh of the general public. Okay, so.

R

First, as I described earlier, we will be providing a 10 000 gallon fire suppression tank, which of.

R

Course, if needed, the community and the communities fire department is more than welcome to utilize.

R

We will provide the the project, will provide shopping options for local residents, preventing.

R

Them from having to travel further a further distance, further distance and or to a more.

R

Congested area and, of course, the property when it's designed and graded and developed it will.

R

Provide appropriate and modern stormwater management, esd devices and practices.

R

And it will include all the required buffer yards per the county uh regulations and ordinances and.

J

Tim did I hear you correctly on the storm water management that some of the water that actually.

J

Flows on our property from neighboring properties will also be treated in our facilities. Today, yes,.

R

Yes, there's quite a bit of land that flows uh from the north or from the posey property.

R

Onto our property that will be managed also and released at a slow rate to hopefully, and will.

R

Hope uh reduce flooding and off onto off-site properties, and it's probably obvious. But if this.

J

If development does not occur on the site, it might crack that it will continue to go untreated as it.

J

Flows across the existing site- that's correct! Okay, absolutely, and the next slide. Please.

R

So number five or e is adequately developed, recreational and or community amenities.

R

Are provided in in accordance with the comprehensive plan and the comprehensive.

R

Comprehensive zoning ordinance, so, as I described earlier, we will be providing a bike rack for our.

R

Customers to utilize, and it the site also will provide a local option for citizens to purchase.

R

Necessities and basic food items without the need to travel to more congested or further distances.

R

And the last yeah, and that that was one of the things I was touching on on kind of the business.

J

Model of dollar generals that the idea is to put these in in places with that aren't over developed.

J

That aren't large shopping centers that have large grocery stores in them, walmarts kmarts. If cameras.

J

Are still around the you know, targets, and instead it allows people that live in that area to go.

J

Here, instead of driving into the more congested areas, so the hope is by putting these in local.

J

Communities, I know some people feel differently about this and don't like seeing so many of them.

J

Come into counties like ours, what always touches me about those arguments is that all of the ones.

J

That are here are very successful right now and a lot of people go to them and use them just for the.

J

Purpose just for that business model, it's local, it's a place. They can go to pick up necessities.

J

And not have to do a full trip into lexington park into leonardtown into mechanicsville or charlotte.

J

Hall or other areas that might have those larger stores, so the the hope is this may actually.

J

Indirectly, help some of the traffic that is already on the road so so providing that local.

J

Shopping is a little different than what some, if we're in the development district, certainly.

J

It would be a new option there, but it's not as necessary or doesn't provide as much of a service.

J

In an area like this, yes thank you um and finally, um that per chapter 62 we've met.

R

The design objectives, as we talked about the height of the building, meets the code and more.

R

Importantly, our preliminary architectural plans have been through uh lagum's office and they've.

R

Concurred that you know, we've met the intent of the ordinance and actually gone a little further.

R

Than what would normally be required so, um as you can see, we're concealing some of the the para.

R

Parapets on the roof will conceal uh some of the mechanical devices for the building, so.

R

We've gone as far as to provide the architectural plans to the lugham office and they've reviewed.

R

Them on a preliminary basis, so uh go to the next slide, please, okay, so just in summary,.

R

We believe that everything we've done on this site is um permitted. We've met all the necessary rules.

R

And regulations and codes of the county for a concept approval, um so we um also our traffic.

R

Studies meet the level the roads will meet level, a which is the best you can get and, of course, as I.

R

Described earlier, we've gotten all our preliminary approvals from the tec agencies and with that.

R

That concludes what I have, but I'd be glad to answer any questions that you may or may not have.

A

Board members have any questions. Okay, no, sir, a quick comment, just in summary.

J

The you know I mentioned in the beginning this. This is an application that we believe.

J

Clearly meets the standards for a concept site plan. When you look at the five criteria, we need.

J

To meet, there are no variances needed, it meets all the buffer yards, it meets all the standards.

J

To have a level of a service at the intersection, that's there that's the highest. You can get.

J

There are no questions by any of the agencies that it doesn't meet. Those requirements.

J

I I didn't participate in the hearing below, um but it was a little astounding that something.

J

That meets all the requirements, so much um was not given the consideration. We think it was.

J

Deserved we just asked that the board do that. We certainly welcome the comments of the public and.

J

We'd reserve the right to provide questions. First, that's right: um what what are the store hours.

J

um Ben, if I can answer that yeah then then what the developer can answer.

S

Sure the hours of operation are 8 a.m, to 10 p.m. Seven days a week, okay, thank you.

A

What are the level of improvements along 472 at the entrance? It's going to be curved.

A

And guttered is going to have the acceleration lane acceleration lane. Well, yes, um the frontage.

R

Will be upgraded to county standards, um their highway state highway? I'm sorry, yes, state highway!.

R

Standards there are no improvements um required or um proposed along 235, but on sand gates, road.

R

There will the frontage will be upgraded to state standards. The frontage on sand gates road will be.

A

Curbed and guttered and opening to side ditches um our side of the road will be up, will be upgraded.

R

Okay um and then what is the distance from the entrance to the northbound lane of 235.

R

Could you go back to the slide earlier that has the site plan on it.

R

Oh distance um well, this drawing was a.

R

30 scale drawing so it's probably about a hundred feet or so.

R

Perhaps a little further.

A

And is there a national standard, say ashto that that that might uh limit the distance between.

A

The the main road and the entrance to the site. um Well, if there is the county and the state.

R

Have both agreed with this entrance and again um you know it's hard to deny somebody access.

R

Also I mean, as described earlier, it's a long, narrow site. um You know I've got to work with.

R

What I've got to work with, but the entrance itself, its radiuses, will be designed to county standards.

R

And state standards- okay, thank you and ms chandler can correct me. If I'm wrong, there is a preference.

J

As I understand it that to have the access on the um on the portion, that is not on the.

J

Higher traffic road, so that that was part of the consideration as well.

J

Okay, uh there there's a preference not but a lot of new entrances on 235.

A

Any questions other questions from the board members. No, sir. Okay, um any other presentation.

J

None at this time we would, you know, reserve the right after public comment. If we miss okay, then.

A

What we'll do is we'll open the meeting to public comment and questions and concerns at this time.

A

And again, as you come up, I'm going to ask you to stay standing, so I can give you the.

A

uh The oath I'd like to see if you could so that we give everybody a chance to talk to keep your.

A

Comments right now at first to two minutes, we'll let you continue after everybody's had their turn.

A

And then also to remind our fellow citizens that are watching that they can call in.

A

If they want to make comments on the project and the phone number for that is 301-475-4200.

A

An extension one, two three four so with that, I will open up the public comments and I do have.

A

A list here so start off with mary ann young. No, I have nothing to say right now: no okay, jeffrey.

A

Would you raise your right hand? Thank you.

A

And do you declare an affirm under the penalty of perjury that the testimony responses and.

A

Statements, you may give will be the whole truth and nothing but the truth. I do and then for the.

A

Record, would you state your name and your address all right? My name is jeff or jeffrey.

U

Yount, I live at 26 700, north sand gates road and um I don't have any fancy surveys or any of these.

U

uh Different uh things that have been evaluated, but I do have 40 years of experience living there.

U

And the traffic at that intersection is horrible. um They're they're gonna have access to 235, I'm.

U

Sorry to hear that, because my way of thinking, if they had entrance and exit on northbound.

U

235, it would be a whole lot easier on the people trying to get in and out of north san gates, road.

U

I don't know, I don't know you talk about you're asking about the customer base.

U

We have a dollar general five miles, south of us. In hollywood we have a dollar general about.

U

12 to 15 miles north of us in mechanicsville we have a dollar general about 11 miles to the.

U

West or southwest in leonardtown, how many do you need? How many customers are you going to get.

U

The traffic surveys I sit back there and I listen to these surveys and all.

U

That anybody take into account the amount of traffic of the people that live in sand gates. That.

U

Try to get in and out of that intersection there's times that I've come out to that intersection.

U

And wanted to go across the turn, the crossover and go southbound. I would have to make a right.

U

Turn and go northbound and work my way over to make a u-turn so that I could go southbound.

U

Because he couldn't get a break in traffic um just a couple days ago, the wife and I were coming home.

U

On 235 southbound three o'clock in the afternoon, I made the mistake of being in the right lane.

U

When I crossed uh 247, I should already been in the left lane so that I could try to turn on.

U

North sand gates road there was so much traffic that I had to go further down 235 and work. My.

U

Way over make a u-turn and go back up the road to make a right turn just to go home.

U

So you know, I don't know what else to say other than the fact that I wish that they.

U

Didn't have access there, because it's only going to compound the problems that we already have.

U

There's a commercial property just on the other side of them that that's in where they want to be.

U

That I think mr dean owns and he doesn't have to come before you all, because he already has.

U

His access, he already has his parking lot. He already has his building what he doesn't have.

U

In there right now is any business, so uh you know in the grand scheme of things it would be.

U

More prudent for them to try to buy mr dean out and use what he's got instead of trying to.

U

Add to the misery, because if they're gain access on north sand, gates, road and then mr dean business.

U

Pops in and they start something else there you got it both. You got, you got it bottlenecking.

U

Trying to come out there just to get out of there. So, okay, like I said I I don't mean to sound.

U

Rude or hateful or anything, but I just I don't like the traffic the way it is.

U

We've had several accidents at that intersection over the years and sometimes in the summertime. It.

U

Seems like two or three a month the um the county has uh was an oroville oakville landfill. That's.

U

There on north san gates, road and when they bring their compactor trucks in their tractor trailers,.

U

They have to come northbound and they make a right turn on the north sand gates road. They do not have.

U

Enough room to make that turn now, if anybody's sitting there to go out, they have two choices:.

U

They either stop and let you try to get out or they come in and they run over the curb coming.

U

In there, because otherwise they have to swing over in your lane to gain access in that intersection.

A

Okay, any questions of board members closer. No, so yeah! Okay, again, you know, you say where.

U

Are your customers coming from, like I say we got three of them and not that far away.

U

Thank you very much, sir. All right. Thank you. uh The next item we have on the list is rob vargo.

A

Would you raise your right hand.

A

Do you declare and affirm under the penalty of perjury, that the testimony responses and.

A

Statements, you may give will be the whole truth and nothing but the truth. I do for the record.

A

Would you state your name and address robert vargo 26330 marley court mechanicsville and.

V

If you look on the map, we're right across 235 from the proposed site right next to faith, bible, church.

V

From that, I'm close enough to hear when there's crashes that we just.

V

Discussed on that intersection, I have a lot of first-hand knowledge of see. You know seeing them.

V

Running out from my house calling 9-1-1 that is currently at a baseline, a bad intersection.

V

At this point, what we talk about with public safety and promoting public safety- and we have.

V

The traffic numbers and we can debate them, but the big question is: does this increase the risk.

V

Up to public safety and their decision to put this store this size.

V

In this small area does not promote it, it actually increases the risk to the public. As just said.

V

So it's bad now that not just the volume but because of where it is and how they had to decide.

V

Design it because it was their decision to pick this spot, there's other places they could put.

V

If they still want to put something in the area, there is not that much room at the last meeting.

V

This is the nova, but we'll add to it. They said it was 90 feet, we've looked at it, I'm not sure it's.

V

Even 90 feet from there, so one tractor trailer coming out of there coming out of the landfill.

V

Is going to take that entire place up between our general people coming in now to north sand gates.

V

Who want to go to dollar general if there's a backup they can't get in? That is then going.

V

To back people up out on the turn lane and in the intersection of 235, it's going to increase.

V

The risk of more accidents, it's because they're picking this particular spot, it might meet the.

V

Zoning rules and all those little things, but this cannot even at this early concept, does not meet.

V

The common sense level of what could be good for the public. We went over this a lot you're going to.

V

Hear more about you know that intersection in the accidents they're choosing to do this, I mean it.

V

There is other places they can get like they said, so we have to look at it on what's best.

V

For the for the county, what's best for the community, they talked about. Well, we can.

V

Decide that in later parts of this process, if it's ugly, now it's going to be ugly later kill it now.

V

When you know that it's not going to promote the general welfare and the safety of the community,.

V

This, the as we was discussed, there's plenty of locations for customers to go this area, as we.

V

Talked about the convenience store, we got local restaurants, you got watermen going down there.

V

There's a lot of big trucks, they're going to add more of those big trucks.

V

We need to look at it now, there's not a whole lot. You can do to that. You know. 235 might be a better.

V

Entrance but there's just not enough room. um Visibility is not good. If you have people backed.

V

Up on the turn lane to turn in the north sand gates from northbound 235 if they have to stop and.

V

Wait the people trying to get out of north sand gates their view will be blocked of those speeding.

V

Cars coming up um 235. This is just additive additive added three minutes. Thank you. Okay! Do.

A

The board members have any questions. Any comments, no okay. Thank you very much, sir uh tony vargo.

A

Okay, dennis finch, no okay, eddie finch, no.

A

uh Lisa demarco, I think, is that correct. Yes,.

A

Hi, would you raise your right hand and you declare and affirm under the.

A

Penalty of perjury that the testimony responses and statements you may give.

A

Will be the whole truth and nothing but the truth I do, would you state your name and your.

A

Address for the record yeah, it's lisa, demarco, 42309, manor, drive, mechanicsville, maryland 20659.

W

Ready so, unfortunately, you guys did not privy to the other. The planning commission's.

W

Meeting because they raised a lot of questions and it was two and a half hours we were here.

W

Debating going through listening to statistics, they were not satisfied, they denied it unanimous.

W

Unanimously denied because they questioned one the dated approvals that they.

W

Presented to to them and they had a lot of concerns with the traffic, so I thought this.

W

Was a hearing to have an updated traffic report because what they presented at the last meeting.

W

Were during covert and there was no traffic on the road, everybody was working from home to.

W

School buses there's a lot that was not taken into consideration today. A lot was not brought up today.

W

You put an entrance and exit on sand gates, road and that's going to have a huge impact.

W

On coming and going, we have school buses that come and go in, and out of sand gates, road twice.

W

A day three times a day because you have middle school high school elementary. That was not taken.

W

In oakville's already had an issue with getting out on 235 and hitting south, so they have to go.

W

Up turn in front of went worse, come out at the light and then head south, that's a school. So.

W

What is this going to impact with the traffic that we already have here on north st road, not to.

W

Consider not even considering the transfer station with its deliveries, the big trucks that travel up.

W

And down delivering um to the restaurants at the river, then you take in the summer. You have all the.

W

Commercial fishermen and the and the recreational fishing and boating the amish go down there with.

W

Horse and buggies down to the marina, the marina has you know its own traffic. I mean the impact.

W

Of the traffic is just going to be devastating. I've shared this with the committee last time, 25.

W

Years ago you weren't privy to this story. I was babysitting. My friend's two kids.

W

There are certain times in the year this is october and the sun is blinding there's nothing.

W

I don't care if you put a traffic control, blinking caution lights. Nothing is going to stop that sun.

W

If you're coming south turning the san gates, road, the sun blinds you.

W

It is a blinding spot. Missy did not see a dump truck traveling at a high rate of speed, and I.

W

Don't think I mentioned their names last time, but it's real missy, michael and robert longley.

W

um Dump truck hit her pushed her over 50 feet down the road killed, all three of them.

W

North sand gates road typical morning we had there's accident. I think the guard rail right now.

W

Is all smooshed up because somebody else has had an accident um there's numerous? I just could go on.

W

And on the impact is great the concerns again like I said I thought this meeting was going to be them.

W

Presenting more of a traffic analysis, that's what the planning commission requested. They said this.

W

Is what we have, and so they unanimously denied it then, and the problem they've offered no solution.

W

There's no solution, there's no extra turning lane, there's no intersection. I think he made the.

W

Suggestion last last august 9th paint signs on the road, so people know which direction they're really.

W

Real how many times I get into the intersection somebody's sitting.

W

Where they're not supposed to be because they turned it short now, I can't see traffic coming.

W

Either way it's horrible there's no solution, so that problem will not go away. I was also told.

W

Not to me personally, he mentioned it to the committee. Well, if they don't like it, they can move.

W

I've lived here 35 years. I don't plan on moving because an intersection, but I do not see where you.

W

Asked about who is your who's, your client who's, the one that's going to be shopping there. um I've.

W

Talked to the neighbors, I hope some of them called in they've all said: no, no, no! No! No! We're not gonna.

W

I'm just gonna correct his information, not to be mean or anything it's I measured it yesterday. Four.

W

And a half miles four and a half miles from the one in mechanicsville or route 5 split.

W

To the site that they're proposing four and a half miles, we're gonna get away from congestion.

W

By not going four and a half miles by going two miles to the end of sand gates, I don't think so.

W

And then south, it is five miles it's about three minutes. If you could start to wrap up seven miles.

W

To the other dollar general, the other board kept saying over and over I'm hearing that.

W

This is not ideal, there's no room um the sign that sits at the end of sand gates, road 60 feet.

W

So what this is, who printed the sign? I was mentioning this hearing 60 feet from the stop line.

W

To the turn lane tractor trailers, I called my brother-in-law after the last meeting he's a.

W

Truck driver- and I said hey uh mike, you know the intersection well and you're, bringing in.

W

An 18-wheeler with deliveries for a dollar general you're going to make that turn, because, as a truck.

W

Driver, I wouldn't even make try it. He said if you're coming from, if you're traveling north, like.

W

He mentioned with 18 wheelers going to the dumps. You can't make that turn. You're gonna back traffic.

W

You're gonna hit somebody. It's not ideal, okay! Well, thank you 60 feet in history. Three minutes are up.

A

Thank you. Thank you. Do the board members have any questions, no sure. Thank you very much joe demarco.

A

Would you raise right hand, do you declare an affirm under the penalty of perjury that.

A

The testimony responses and statements you may give will be the whole truth and.

A

Nothing but the truth. Yes, I do, and would you state your name and address for the record.

X

My name is joe demarco. I live at 42309, manor drive, mechanicsville, maryland, zip code, 20659.

X

um I was gonna come here and just make a general statement saying that I was against this, but after.

X

Hearing some of the testimony from the applicant and their counsel figure, I had to say a few other.

X

Things we've heard that the property is a long and slender piece of property. I stated that it was.

X

It is what it is is what they were saying. He also stated that they have done.

X

The best that they can do that was their words. We've done the best that we can do.

X

Which tells me that they certainly know that it's not an ideal situation that they have here.

X

Which tells me also that they're going to cause more safety problems in the long run.

X

The planning commission has already denied this plan due to the lack of safe traffic concerns.

X

You've heard many people talk about traffic concerns tonight,.

X

This is real: we've had bad accidents in this area before this is only going to compound that.

X

um We have, we also have not heard any improvements to the plan.

X

That they presented to the uh planning committee several months ago, the planning committee.

X

Already denied this once now, they're coming to you asking for you to kind of subvert what the.

X

Planning committee has already said that the the traffic is going to be a problem.

X

We've actually heard opposing testimony from the applicant's council, where the question was asked.

X

Where's your customer base. Well, one of them said it was going to come from the residents.

X

Whereas the other one said most of it's going to come from on just traffic coming through back and.

X

Forth, if they haven't done their research on that basic principle, what else have they not done their.

X

Research on again, the traffic is the biggest problem that we have here.

X

We also heard that the approval they were given they, they mentioned many many many organizations.

X

That have already given them approval for this plan, but they seem to lack one approval.

X

And they didn't want to tell you that they've already gotten a denial.

X

From the planning committee, I'm asking you to uphold the planning committee's denial.

X

And don't let this pass? Thank you any questions from the board members. Thank you very much, sir.

A

That's the names that I have on the list right now. uh I didn't know that.

A

That's fine I'll get back to you, but let us check the phone first. Okay, we could do that.

E

I don't see anything, but I will give mystery a call.

E

I've got somebody ringing in.

E

This is the board of appeals. Could you please state your name.

E

And address catherine mays 25346 austin, lane hollywood maryland 20636, okay, the chairman.

E

Is going to give you the oath and you will have your three minutes of public testimony.

A

Do you declare and affirm under the penalty of perjury, that the testimony responses and.

A

Statements, you may give will be the whole truth and nothing but the truth.

Y

I do I would again, would you state your name and address for the record.

Y

My name is kathryn mays and I live at 25346 alston, lane hollywood maryland 20636.

A

Okay, go ahead! Please! Okay! I have lived in saint mary's county. All of my life.

Y

I have lived in hollywood maryland for the last two years and the congestion is insane and.

Y

As covid has begun to decrease and more people are driving to work, the.

Y

The amount of traffic has increased, we have accidents at loveville road right. There.

Y

At the light constantly and adding another building that is unnecessary.

Y

Is not going to make any situation different? I have two children that attend oakville elementary.

Y

And the last thing I want to do is have to worry about more traffic on their way to and from.

Y

School my stepdaughter lives on north sand gates and we travel.

Y

To her house every week and the amount of traffic and crazy people driving in and out.

Y

Of driveways and down the street is insane and adding a building there to impede viewpoints and.

Y

And make it to where people can't see where they're going.

Y

Or have to add to their peripherals is completely uncalled for and.

Y

This is this is not a good idea to to do for anyone's sake. Let's think about safety.

A

Okay, thank you very much. Are there any comments from or questions from the board members? No, sir,.

A

Okay, thank you very much ma'am. Thank you, ma'am. Thank you. Bye-Bye.

Y

Anymore, I don't have any more flashers I'll try to get this yet.

E

Board of appeal, uh miss young, do we have any more callers? I had had a caller and he has hung up.

G

Okay, thank you. Thank you, bye-bye. Anybody else from the audience that would like to speak come on up.

A

Would you raise your right hand, do you declare an affirm under the penalty of perjury that the.

A

Testimony responses and statements you may give will be the whole truth and nothing but the truth.

A

Would you state your name and address for the record alison capparota, I'm at 42134 valley, drive.

Z

In mechanicsville, as many of my neighbors have stated, this is a very bad idea for public safety.

Z

You have a school right there, there's already additional traffic with school buses.

Z

As somebody else stated, there is a business across the street from there.

Z

Although it's not currently occupied when that does become occupied you're going to.

Z

Have people trying to come out at two different locations which is going to make it even worse.

Z

Traffic is going to back up on 235 people waiting to cross over multiple accidents all the time so.

Z

I don't think that this is a good idea for public safety. I've lived in the community since 2005.

Z

I like it because there isn't anything around. I live there for a reason. I live there because it's.

Z

Quiet there's not businesses all over, and I just don't think that this is a good idea for there.

Z

They have already said they're trying to fit it into this lot, they're trying to squeeze something.

Z

That isn't meant to be there in that spot. Okay, thank you. Any comments from the board questions.

A

No sir, thank you. Thank you very much ma'am anybody else like to speak.

A

And no callers correct, we'll try one more time: okay,.

E

Order of appeals- yes, ms young, do we have any additional callers? There are no additional callers.

G

At this time, okay, thank you. Thank you. Thank you, ma'am, okay, then we'll close the public hearing.

A

uh Public comment portion of the hearing- and I guess we'll let mr longmore finish up.

J

Thank you, mr chairman um and I'll try to be brief. I know I know the hour's getting a little late.

J

I guess what I'd I'd like to say: we want to respond some to.

J

Some of the comments we know there's a lot of concerns um from the neighbors and.

J

We trust and know and believe all their comments are sincere and that they have these concerns.

J

Respectfully, we don't think our project is going to have the effect that that a lot of folks think.

J

It will um the numbers that one of the specific things I'd like to say and miss chandler can can.

J

Affirm this that the board would like her to is that with the traffic counselor questions about.

J

One of the things I heard that we didn't address directly were trips for school buses.

J

And the transfer station the numbers that ms chandler discussed that were from 2015.

J

In the original study- and she confirmed in the 2019 numbers include that that strips of all.

J

All vehicles, so they are included in our numbers. They were taken into account. um What I'd really.

J

Like to spend just a few minutes going over, is that my two initial points I guess are to share.

J

You know again remind you that you don't know any deference to the planning commission's decision.

J

There was a comment that we don't want you to know. The planning commission denied this.

J

I think it's obvious, or we wouldn't be in front of you. You all know that we're here, because we.

J

Got denied at the planning we're not trying to hide that. I thought it was assumed and everybody.

J

Knew that so that wasn't a hide the ball kind of kind of moment. I want you to to look at that.

J

Because I think the planning commission was dead wrong in what they did. I don't think they listened.

J

To the facts of the application, I don't think they reviewed it carefully. I don't think they.

J

Followed the the standards that they were supposed to follow um when they denied this application.

J

This is a content site plan, as we talked about it is not the final site plan approval and with.

J

Those two kind of lenses in mind, I think it's clear from all the testimony based on.

J

Folks that have the expertise, including mr lesner, who was here mr cipher, sharing and.

J

The nature of the project and miss chandler talking about traffic.

J

And not just the folks that are here on behalf of the applicant, but every agency that reviewed this.

J

Said that this meets the requirements for concepts like plan approval, there's not a variance. That's.

J

Needed if you look at the staff report, it said what are the outstanding issues? None there are.

J

No outstanding issues on this, this application meets all the requirements of the zoning ordinance.

J

That our county commissioners put into effect that the planning commission was required to follow and.

J

Respectfully that we'd ask that you follow tonight. Mr lesner addressed those standards one by one.

J

In his presentation, I'm not going to go through each of the five of them because I think we.

J

We've done that, and I know the hour is late, but there's a couple points. I'd just like to highlight.

J

This use is allowed in this district. It's clear the zoning ordinance it's permitted, it's not a.

J

Conditional use- it's not one where we need to meet any additional standards. uh There's been talk that.

J

This is kind of the a a site that is too, is not appropriate for this, that it's too narrow for this.

J

Well, the design that we have meets all the requirements in our code and there are no.

J

Variances needed I've been before this board with other sites that are tight and that I need to come.

J

To you for to get a variance in order to get that approved, we don't need to come back, because this.

J

Meets all the county requirements, it might be a site where some people don't want this store to go.

J

And they have every right to that opinion, but this is not a site that needs any special approvals. It.

J

Clearly meets all the requirements of our zoning ordinance. There are no setback issues, there's no.

J

Buffer yard issues, none of those exist on this site.

J

Every one of the applicable tec agencies have reviewed this and I would have if it's not already.

J

Automatic we'd ask that all of the the documents on board docs be made officially a part of this.

J

Record included in that staff report that was included in that that was the before.

J

The planning commission as well and I'm not going to run through each of them by date.

J

Mr lesner did that, but public works looked at it for traffic, approved it based on that public.

J

Works looked at it based on stormwater management concept design. They said it meets the standards.

J

For concept site plan approval maryland state highway, approved in an email from jonathan mclough.