Mill Cove Residents
Overwhelmingly Opposed to
Development ;
Citing Narrow Roads
Nothing says it better than
their own words...from the
minutes of the St. Mary's
Planning Commission meeting
of Feb. 23, as approved on
March 9, 2009
MINUTES OF THE ST. MARY’S
COUNTY PLANNING COMMISSION
MEETING
CHESAPEAKE
BUILDING * LEONARDTOWN,
MARYLAND
Monday, February 23, 2009
Members present were Steven
Reeves, Chairman; Brandon
Hayden, Shelby Guazzo, Susan
McNeill, Martin Siebert,
Merl Evans, and Lawrence
Chase. Department of Land
Use & Growth Management (LUGM)
staff present were Phil
Shire, Acting Director; Bob
Bowles, Planner IV; Jeff
Jackman, Senior Planner;
Dave Chapman, Planner III;
and Jada Stuckert, Recording
Secretary. Deputy County
Attorney David Weiskopf was
also present.
The Chair called the meeting
to order at 6:30 p.m.
APPROVAL OF THE MINUTES –
The minutes of February 9,
2009 were approved as
presented.
PUBLIC HEARINGS
CWSP #08-200-003 – Mill Cove
Manor & CWSP #08-200-004 –
Mill Cove Harbor
Mr. Reeves asked that both
projects be heard at the
same time. Mr. Chapman gave
an overview of each project
stating Mill Cove Manor has
proposed to amend service
area maps III-27 and IV-27
to change the service
categories from W-6D and
S-6D (service in 6 to 10
years, developer financed)
to W-3D and S-3D (service in
3 to 5 years, developer
financed) for 12.88 acres
described as Tax Map 27,
Grid 24, Parcel 10 in the
California area of the 8th
election district in
anticipation of providing
community water and sewerage
service to a proposed 33 lot
residential subdivision
located on Mill Cove road.
Mr. Chapman stated Mill Cove
Harbor has proposed to amend
service area maps III-27 and
IV-27 to change the service
categories from W-6D and
S-6D (service in 6 to 10
years, developer financed)
to W-3D and S-3D (service in
3 to 5 years, developer
financed) for 10.4 acres
described as Tax Map 27,
Grid 23, Parcel 2, Outparcel
A, & Parcel A, & Lot
5000-1A3 in the 8th
election district in
anticipation of providing
community water and sewerage
service to a proposed 21 lot
residential subdivision
located on Mill Cove Harbor
Road in California,
Maryland.
Mr. Reeves stated even if
these projects are not
approved they will be
subject to water and sewer
services in 6 to 10 years.
Mr. Chapman stated this is
just a planning status and
should not be used as a
fixed number of years. Ms.
Guazzo asked about the 10.4
acres versus the 9.32 acres
for Mill Cove Harbor. Mr.
Chapman explained this site
is all 4 parcels combined
and stated lot 5000-1A1 and
5000-1A2 have already been
platted.
With no agent presentation
at this time Mr. Reeves
opened the hearings to
public comments. Mr. Reeves
asked that each person give
their name, address, and
state which project they are
testifying for.
Robert Willey (Both):
Mr. Willey submitted
comments marked as Exhibit
#1 by the Recording
Secretary and stated this
proposal, if approved, will
require homeowners to pay
$170 annually even if they
do not hook up to the line.
Mr. Willey stated homeowners
within 200 feet of the line
are required to hook into
the line which could cost
$2,500 which does not
include the costs of burying
pipe, grinder pump,
electrician, and plumbing
costs. Mr. Willey stated if
these projects are approved
the developer should be
required to pay the
additional costs for
homeowners to hook into the
system. Mr. Willey stated
this line will run through
seasonal streams and he is
concerned about the run-off
because the two developments
would double the density in
the area and in turn double
the impervious surface. Mr.
Willey asked that the
Planning Commission continue
the case to allow property
owners to further
investigate the projects.
Mr. King of METCOM commented
that the System Improvement
Fee is $8.75 per month per
EDU for the sewer and $5.27
per month per EDU for the
water. Mr. King stated the
Capital Connection Charge
for sewer is $1,744.78 and
$774.91 for water which are
one time fees to be paid at
the time of connection. Ms.
Guazzo asked that Mr. King
provide information
regarding where and how far
the line will go. Mr. King
stated he would gather this
information however, the
design has not been approved
and METCOM may not have
reviewed this in length. Mr.
King explained this is just
a water and sewer category
change and if the Planning
Commission and County
Commissioners deny these
projects there will be no
review of the line.
John Tifford (both):
Mr. Tifford stated his
property is landlocked and
he has an easement through
the Phyllis property. Mr.
Tifford stated because of
his easement he is not
eligible for water and sewer
even if he wanted it and
asked if the entire
neighborhood could be
changed. Mr. Chapman stated
the Tifford property has an
S-6 classification and is
eligible for 1 EDU without
going through the process.
John Petz (both):
Mr. Petz submitted
information marked as
Exhibit #2 by the Recording
Secretary and stated both
developments proposed would
more than double the density
of the area overnight. Mr.
Petz stated to date the
average lot size is 1.91 but
because of these
developments the average lot
size will decrease to 0.181
acre.
Carolyn Huff (both):
Ms. Huff reminded the
Commission of the Joy Point
Marina case in 1991 which
was denied by the Board of
Appeals because the road was
too narrow. Ms. Huff stated
Mill Cove Road can not
handle the extra trip
generations and asked that
the Commission deny the
request.
Richard Huff (both):
Mr. Huff submitted comments
marked as Exhibit #3 by the
Recording Secretary and
stated the traffic is his
main concern. Mr. Huff
explained Mill Cove Road is
only 18 feet wide and Mill
Cove Harbor Road is only 13
feet wide. Mr. Huff stated
if there was a major
emergency in this area it
would be impossible to get
out of the neighborhood,
much less the County.
Kellie Gofus (both):
Ms. Gofus stated she is not
within the direct line. Ms.
Gofus asked if the
Commission has really
considered the impact on the
environment. Ms. Gofus
stated she is concerned with
the potential impact on the
water, soil disturbance etc.
Ms. Gofus asked that the
Commission consider
continuing these cases for
further investigation.
John Pugh (both):
Mr. Pugh stated he lives
across the creek. Mr. Pugh
stated it is his
understanding that there
would be a pier on the
property as well as a bath
house. Mr. Pugh stated he
would be viewing this pier
from his property. Mr. Pugh
stated he has environmental
concerns to include run-off.
Mr. Pugh stated these
projects propose 55 new
sites and stated they could
be further developed in the
future with condos. Mr. Pugh
asked for denial of both
projects.
John Tifford (both):
Mr. Tifford reminded
everyone that these are two
separate proposals. Mr.
Tifford stated a pier on
this property would be
impossible and even so a
pier doesn’t need water and
sewer. Mr. Tifford stated
these developments will have
an adverse impact on
neighborhood property
values. Mr. Tifford stated
the neighborhood currently
has few children and if this
is approved children moving
in with their parents is
inevitable. Ms. Guazzo
pointed out that the
proposed location of the
bath house would be within
the 200 foot Critical Area
Buffer. Ms. Guazzo stated if
these projects are ever
reviewed again in the future
additional information and
comments would be needed
from the Critical Area
Commission allowing such
development.
Paul Downs (both):
Mr. Downs submitted photos
marked as Exhibit #4 by the
Recording Secretary and read
a statement regarding the
protection of waters and
erosion control. Mr. Downs
asked the Commission visit
the sites and re-evaluate
the proposals.
Bonnie Gateau (both):
Ms. Gateau stated she is
concerned with the run-off
and sediment control is a
big issue. Ms. Gateau stated
the Woods at Myrtle Point
erosion control measures did
not work and she watched
sediment wash into the
water.
Trish Brow (both):
Ms. Brow stated these
projects will reduce the
property values of everyone
in the neighborhood. Ms.
Brown stated we need to
continue vigorous
environmental protection.
Paul DiBenedetto (both):
Mr. DiBenedetto stated his
property would take the
brunt of the construction.
Mr. DiBenedetto stated there
is already boat traffic on
this very narrow road. Mr.
DiBenedetto stated with the
increased density cars will
park on the sides of the
road which is a hazard. Mr.
DiBenedetto stated he is
concerned about emergency
vehicles accessing the
sites. Mr. DiBenedetto
recommended a buffer between
projects. Mr. DiBenedetto
stated he is opposed to the
projects however if it is
approved he would like to
see compatibility with the
surrounding area and
buffers.
Bob Volland (both):
Mr. Volland stated he is
opposed due to the grading
and stormwater management
concerns. Mr. Volland asked
that the applications be
denied.
Hank Recla (both):
Mr. Recla stated when he
developed his property Land
Use & Growth Management was
very concerned about the
tree canopy, impervious
surface, run-off, etc. Mr.
Recla stated he is not
seeing the same concerns
here. Mr. Recla stated these
projects are out of
character with the
surrounding neighborhood and
what was required of him.
Iris Willey (both):
Ms. Willey submitted
comments marked as Exhibit
#5 by the Recording
Secretary and stating with
the 54 units comes
additional need for schools
and school busses to this
service area. Ms. Willey
stated at this time, school
busses can not travel down
Mill Cove Harbor Road. Ms.
Willey asked that the
Commission schedule
additional open meetings for
discussion of these
projects, place a cap on the
number of units, ensure that
the developer makes
improvements to Mill Cove
Road and Mill Cove Harbor
Road and ensure that
increased taxes will not
come as a result of these
additional 54 units.
Brooks Jackson (both):
Mr. Jackson submitted
comments marked as Exhibit
#6 by the Recording
Secretary from John and Anne
Bauer. Mr. Jackson stated
this will be an unwarranted
cost to the existing
homeowners and there is no
need for water and sewer.
Mr. Jackson stated if the
developer wants water and
sewer he should be required
to pay all costs for
hook-ups to those who did
not request water and sewer.
Mr. Jackson stated the
density will decrease
existing property values.
Mr. Jackson stated he is
also concerned with the
traffic, run-off, and other
environmental concerns. Mr.
Jackson requested more time
to review and asked for a 60
day continuance.
Jane Sypher (both):
Ms. Sypher stated this is
the Lexington Park
Development District and
currently there are 7 rental
houses, 6 that are not
listed as primary
residences, and 3 summer
homes. Ms. Sypher stated the
smallest home is 512 square
feet and the largest is just
shy of 4,000 square feet.
Ms. Sypher stated everyone
seems to be forgetting there
are 196 acres of open land
at the Woods at Myrtle Point
where no development can
take place. Ms. Sypher
stated she personally knows
Mr. Guy Curley and he is a
good guy and developer. Ms.
Sypher stated everyone
should focus on the facts of
the request and that she is
in favor.
Fred Sypher (both):
Mr. Sypher stated he is in
favor.
Jane Riggs (both):
Ms. Riggs stated she
directly abuts the projects
and is opposed as the
projects would drastically
change the characteristics
of the neighborhood.
Rolf Hammer (both):
Mr. Hammer stated he is
neutral however agrees that
there should be a cap on the
number of units allowed.
Suzanne K. Henderson (both):
Ms. Henderson submitted an
email marked as Exhibit #7
by the Recording Secretary
and requested the Commission
delay the approval of the
requested amendments. Ms.
Henderson stated approval
would allow the applicant to
proceed with preliminary
subdivision plans. Ms.
Henderson stated concept
plans are not the same as
the ones reviewed for
impacts, availabilities, and
variable-dependent
computations. Ms. Henderson
stated she is opposed to all
“dumb growth” and this
should all go back before
the Critical Area
Commission. Ms. Henderson
recommended waiting until
the third phase of the Woods
at Myrtle Point are being
constructed to see what the
area will look like. Ms.
Henderson stated she feels
the Commission members are
ill informed and stated if
the applications are not
denied please continue the
case for more investigation.
Paul D. Schafer (both):
Mr. Schafer stated he is
representing Mary Schafer
who could not be present
tonight and who is opposed.
Mr. Schafer stated these
projects do not fit in with
the current neighborhood and
road issues need to be
further investigated.
Joseph Collins (both):
Mr. Collins asked that the
Commission re-visit the
property. Mr. Collins stated
these are wetlands and marsh
lands and with the density
proposed and possible
run-off he is opposed.
Allan Shick (both):
Mr. Shick submitted comments
marked as Exhibit #8 by the
Recording Secretary and
stated he is opposed due to
the density and run-off.
Ken Berry (both):
Mr. Berry stated he is
opposed. Mr. Berry stated
the projects are not
consistent with the area and
are just another monthly
tax.
Wilfred Berry (both):
Mr. Berry stated he is
opposed and commented if
approved this is a terrible
mistake.
Kellie Gofus (both):
Ms. Gofus pleaded that the
Commission come and re-visit
the property.
John Brow (both):
Mr. Brow stated he is a new
driver and is afraid of
driving on the road as it is
so narrow. Mr. Brow stated
he is opposed.
Michael Fry (both):
Mr. Fry stated he is opposed
due to the density and
environmental concerns.
Mr.
Hayden made a motion in the
matter of CWSP #08-200-003
Mill Cove Manor and CWSP
#08-200-004 Mill Cove Harbor
to continue the public
hearings to March 23, 2009
at 6:30 p.m. in the
Commissioners Conference
Room and Ms. McNeill
seconded. The motion passed
by a 7-0 vote.
DISCUSSION
Presentation by METCOM on
the 5th and 8th
sewer districts, Marley
Taylor Facility Plan
Mr. King of METCOM, Mr.
Laurens Vandertak, Chris
Peluso and Tom Higgins of
C.H. 2 M. Hill gave an
overview of the Marley
Taylor Facility Plan.
Comprehensive Plan –
Progress Report
Tabled to next meeting.
PC Annual Report Briefing
Tabled to next meeting.
Digital Sign Work Session
Announcement
Mr. Shire stated the Digital
Sign work session will be
held Monday, March 2, 2009
at 3:00 p.m. in the Land Use
and Growth Management
conference room.
ADJOURNMENT
The meeting was
adjourned at 10:45 p.m.
Jada
Stuckert
Recording Secretary
Approved in open
session: March 9,
2009
___________________________
Stephen T. Reeves
Chairman
