TOWN OF EASTON, MARYLAND
Easton Town Hall
14 S. Harrison Street
August 20, 2007
Mr. Scott R. Jensen
Mr. Leonard E. Wendowski, Sr.
Ms. Mooneyene Jackson-Amis
Also in attendance were the Assistant Town Attorney Ms. VanEmburgh, Town Planner Mr. Hamilton, Long Range Planner Mr. Thomas, Economic Development Director Al Bond and Town Clerk Mrs. Ruf.
At 7:00 p.m., the President of the Council, Mr. Ford called the meeting to order.
Ms. Jackson-Amis opened the meeting with prayer and led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES OF AUGUST 6, 2007 MEETINGS
Upon motion by Ms. Jackson-Amis seconded by Mr. Jensen and carried unanimously, minutes of the August 6, 2007 meeting was approved.
EASTON VOLUNTEER FIRE DEPARTMENT REPORT
Mr. Butler was present to report on the Department’s monthly activities. He discussed mandatory standbys for the Vice President at the Easton Airport.
ITEMS BY MAYOR WILLEY
Mayor Willey is looking to staff volunteers for the Town of Easton’s 300 Year Celebration in 2010.
Mayor Willey recommended Mr. Michael O’Connor as an Alternate to the Board of Appeals.
Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried 4 to 1, Mr. O’Connor’s appointment was approved with Ms. Jackson-Amis voting no.
ITEMS BY THE ECONOMIC DEVELOPMENT COORDINATOR
Mr. Bond passed out maps depicting parameters of the Community Legacy area. He stated that applications are being received for potential projects.
Ms. Jackson-Amis discussed the northern block revitalization project and asked if there are any plans to demolish structures. He stated that the design phase is just beginning. She asked Mr. Bond to look at the west side for possible projects. He stated that a Master Plan for the West Side needs to be developed.
Ms. Jackson-Amis asked that property owners and businesses be notified regarding upcoming hearings and meetings.
Ms. Scott-Taylor asked that the Town Council be put on the e-mail notification list for meetings.
Mr. Bond stated that the next meeting is September 20 at 7:00 p.m. at the Tidewater Inn.
MR. ROBERT KLIMCZAK TO ADDRESS COUNCIL REGARDING CROSSWALKS, SIDEWALKS, AND GOLDSBOROUGH STREET TRAFFIC CONCERNS
Mr. Klimczak stated that he is interested in crosswalks on Locust and Dover and Higgins and Dover and near the library. He stated that he is also interested in some pedestrian bridges that go across Route 50 and across the bypass.
Mr. Ford asked that Mr. Klimczak put his concerns in a letter or e-mail so a response could be drafted from the Council.
Mayor Willey discussed handicapped curb cuts and crosswalks that are being addressed in this year’s budget. He stated he will forward Mr. Hause’s current project list to Mr. Klimczak.
PUBLIC HEARING TO DISCUSS A PROPOSED PLANNED UNIT DEVELOPMENT (PUD) FILED BY LANE ENGINEERING FOR FAISON, C/O STEVE WENDEROTH. THE PUD APPLICATION PROPOSES TO DEVELOP AN 86,000 SQUARE FOOT SHOPPING CENTER CONSISTING OF A 58,000 SQUARE FOOT GROCERY STORE AND 27,100 SQUARE FEET OF RETAIL SHOPPING SPACE. THE SUBJECT PROPERTY, LOT 7 EASTON COMMONS SUBDIVISION IS LOCATED BETWEEN SUNFLOWER DRIVE, PAPER RUN ROAD AND CHAPEL ROAD JUST WEST OF THE CHAPEL EAST SUBDIVISION AND EAST OF APPLEBEE’S AND BOB EVANS RESTAURANTS.
At 7:30 p.m., the President of the Council opened the Public Hearing.
Mr. Hamilton discussed the project and the Planning and Zoning Commission recommendation which was a 2 to 2 vote which expressed their support that the project is not consistent with the Comprehensive Plan.
Mr. Stagg stated that the developers will speak to the council and audience regarding the project instead of him. He stated that present were Mr. Roger Wright, Mr. Steve Wenderoth from Faison, Mr. Tim Baker from Safeway and Mr. Mike Lenhart, a traffic consultant.
Mr. Wright discussed the history of the project and the reason for the smaller scaled development. He discussed helping Safeway find another location. He stated that the new plan has 86,000 square feet; 100,000 square feet less of what was proposed before. Mr. Wright discussed the desire for the interconnect and improvements. He stated that Safeway was not receptive to the new project. Many of the residents also appreciated the previous project as well.
Mr. Tim Baker, Safeway discussed Safeway’s perspective. He discussed the relationship between Faison and Safeway. He stated that Safeway as a company cannot move forward with the project scaled down as show on the smaller project as proposed by Faison; it doesn’t make sense. Mr. Baker stated that they would like to expand their job base. He discussed Safeway’s history in the Town of Easton. Mr. Baker stated that for them to continue to operate in their current location proposes a disadvantage to their customers and employees. Mr. Baker stated that the smaller development will not work and they will not do that deal. He stated that they are open for the redevelopment of their current parcel should demolition occur.
Mr. Wright stated that what he is looking for tonight without putting testimony forward regarding the smaller project with a different anchor is direction from the Town for consideration of the larger project as previously proposed with all the infrastructure, berms and improvements as previously discussed.
Mr. Hamilton stated that if the original project was officially withdrawn, the applicant must start over again and reapply and start from scratch.
Mr. Wright stated that he is not looking for a formal vote but some direction from the Council.
Mr. Ford stated that this Council acts on projects that have been reviewed by the Planning Commission. He stated that the Council takes their recommendation seriously and is part of their deliberations. Then a public hearing is held on a specific site plan that has been submitted by an applicant that questions can be asked to the applicant from the council and the public. Mr. Ford stated that this is not a venue to get general feedback on what may or may not happen on a piece of property.
Mr. Steve Wenderoth, Faison stated that they are discouraged to reaching out to individual council members. He stated that a member of the Planning and Zoning Commission, Mr. Periconi was not in favor of the smaller project due to the fact that they lost the regional improvements. Mr. Wenderoth stated that they are in jeopardy of losing the option on the land and asked for guidance from the Council on whether the larger project has some merit. He asked if things such as Council’s decision and public opinions have changed in the last year.
Ms. Jackson-Amis stated that she is caught by surprise due to the fact that what is before them is the smaller project but what the developer is really asking for is discussion on a previous project. She stated that the Council cannot deal with anything that is not properly noticed.
Mr. Wenderoth stated that they are not asking for official vote.
Mr. Ford stated that there is a scheduled public hearing on a proposed project and public testimony will be heard on the project as advertised.
The Assistant Town Attorney stated that public comment should be addressed to the smaller project.
Mr. Joe Morley and wife Barbara, 9197 Honeysuckle Drive were present on behalf of the Homeowner’s Association of Chapel East. Mr. Morley stated that they must consider the protection of their families and the value and safeguard of their homes. He stated that they need a barrier between their neighborhood and the development of that field even if there is a smaller project. Mr. Morley asked for a plan from the Town on what the future holds for that field. Mr. Morley asked for paved crosswalks in their development.
Mr. Jensen stated that that parcel is a perfect candidate for a small area plan; a portion of the Comprehensive Plan.
Mr. Morley stated that based upon the abatements the homeowner’s proposed, they do not have a choice but to be in favor of the larger plan.
Mr. Wenderoth discussed the developer’s agreement to put in crosswalks in the Chapel East Development as well as other improvements.
Mr. Morley asked for a meeting with a representative from the Town to represent the homeowner’s interest and a representative from the developer to discuss point by point what needs to be done.
Mr. Ford discussed the recent vote on the proposed development and the reasons for the five to nothing vote against the development. He stated that the time wasn’t right 11 months ago and the Comprehensive Plan is very clear that there should be no new shopping centers in the planning period which ends 2009.
Ms. Scott-Taylor stated that she hopes that someday there could be a proposal between the two that are proposed but she is not in favor of the development as show as it is too big for that parcel of land. She discussed traffic problems.
Mr. Michael Wanda, 9070 Honeysuckle Drive, discussed the six parcels in front of the proposed project. He wondered if anyone had considered incorporating those lots to influence the approval of the larger scale shopping center.
Mr. Jensen stated that there are procedures for a reason and he does not intend to sway from those procedures.
Mr. Wendowski stated that 11 months does not change the size and scope of that shopping center and his thought regarding the project; too much, too soon. He stated he came prepared to talk about the project as submitted to the Planning and Zoning Commission.
Mr. Wenderoth stated that they have an option on the parcel which expires September 1 and he appreciates the opportunity to speak to the Council regarding the project.
Ms. Jackson-Amis stated that she has no basis to reconsider because the smaller project is not going forward and there is no alternative. She stated that all the building in the community is too much for her.
Ms. VanEmburgh asked if procedurally, if the applicant is withdrawing the smaller application.
The applicant was without counsel and asked to make that decision at a later time.
At 8:31 p.m., Mr. Ford closed the public hearing and stated that written comments will be received until close of business on Friday.
RECESS
The President of the Council recessed the meeting for a two minute break.
RECONVENE
The President of the Council reconvened the regularly scheduled meeting at 8:37 p.m.
PUBLIC HEARING TO DISCUSS PROPOSED AMENDMENTS TO THE TOWN’S ZONING ORDINANCE
At 8:38 p.m., the President of the Council opened the Public Hearing to discuss the proposed amendments to the Town’s Zoning Ordinance. He stated that this is a follow up from a previous proposal with one item eliminated and two items that have been added.
Mr. Lynn Thomas, Long Range Planner discussed the history of the amendment as proposed and stated that the previous public hearing was held April 2 and subsequently passed the ordinance on April 16 whereby Mayor Willey vetoed the ordinance due to the review process for certain types of Planned Redevelopment projects. Mr. Thomas stated that the controversial element has since been removed from the previous ordinance. He stated that they added two items that came up which have been included in this ordinance.
Mr. Thomas stated that one of the new amendments would revise the new site plan review standards by adding a requirement for a certification on the final site plan that certifies that all the improvements indicated on the approved preliminary site plan have been made and are in place. He stated that this would be certified by the developer or developer’s engineer relieving the Town of the responsibility of having someone on site to inspect and make sure such things take place.
Mr. Jensen asked what recourse the Town would have to make it happen.
Ms. VanEmburgh stated that this certification would be stating that certain things have already happened; not that they are going to happen. She stated that these people are licensed and there could be recourse on their license and they will not certify things that have not taken place.
Mr. Thomas stated that the other amendment requested is in the I-1 District which would allow 50% lot coverage where as the standard today is 35%. He stated that it makes more sense and is the legal way to amend the Zoning Ordinance to allow that throughout the I-1 Zoning District instead of singling out one particular parcel.
Discussion occurred regarding I-1 Zoning along the rails-to-trails. Mr. Hamilton stated that most of that is in the PR District and with those projects; the coverage can be anything approved.
Mr. Jensen discussed the suggestions proposed by the East End Neighborhood Association.
Mr. Thomas stated that some suggestions should be under the purview of the comprehensive rezoning.
Mr. Jensen asked that these re-zoning suggestions be held onto and considered at a later date.
Required parking in the CR District was discussed. Mr. Thomas stated that this is covered in the standards of what needs to be approved when considering a site plan. Internal traffic circulations have to be considered on a site as well as parking.
Mr. John Tenuda, represents 301 E. Dover LLC, Post Office Box 825 discussed the Dover/Aurora Street rezoning. He stated that CG to CR will have a major effect on the value of property. Mr. Tenuda discussed the permissible uses of their property as zoned today versus what would be allowed under the CR zoning. Mr. Tenuda stated that their property is being downgraded and he may not be able to market his assets under the new proposal. He stated that he cannot understand the process that will do this and questioned the intent and purpose.
Mr. Hamilton stated that there are a list of uses that should be considered to add to the CR Zoning.
Mayor Willey stated that it may be better to have Planning and Zoning to revisit this again and return it to the Council.
It was suggested to take the CG to CR amendment out of the proposed legislation and discuss that amendment at a later date.
Mr. Bill Stagg asked for clarification regarding the inspection and certification of sites. He stated that the Town does not have the time and sometimes the expertise to do that but he has some engineers that are extremely concerned that they will have to sign off on things they do not see such as underground storm pipes. Mr. Stagg asked for clarification if the Town wants a full site inspection on everything or above the surface that can be surveyed and certified.
Mr. Stagg just asked for specific clarification in order to properly advise their clients.
It was consensus that the Planning Department will work with the engineers to work out the details.
At 9:26 p.m., the President of the Council closed the public hearing and left the record open for public comments until close of business Friday.
DISCUSSION OF PROPOSED ORDINANCE FOR RESIDENTIAL SPRINKLER SYSTEMS
It was the consensus of the Council that the Town Attorney is to draft legislation for residential sprinklers on new construction.
Mr. Wendowski asked that Denton’s and St. Michael’s legislation be reviewed that has been enacted.
LETTER FROM DR. MICHAEL G. JUDD REGARDING POSTAL ADDRESS ASSIGNED TO COMMERCIAL BUIDLING PROJECT LOCATED AT 401 PURDY STREET
The President of the Council referred Dr. Judd’s letter to the Easton Volunteer Fire Department for review and recommendation.
MEMO FROM MR. BOB DAVIDSON REGARDING STREET PARKING IN BRETRIDGE SUBDIVISION
It was the consensus of the Council after speaking with Mr. Barry Slaughter during the Fire Board meeting that cars parked on both sides of the street should be allowed as sometimes this is used for a traffic calming measure. Mr. Slaughter also stated that he is able to get a fire truck through two parked cars on a 26’ street and this subdivision is not unlike other subdivision.
APPROVAL OF INVOICES TOTALING $653,355.89
Upon motion by Ms. Scott-Taylor seconded by Mr. Jensen and carried unanimously; invoices totaling $653,355.89 were approved for payment.
RESOLUTION NO. 5915, “A RESOLUTION OF THE TOWN OF EASTON CLOSING “STOOPS ALLEY” A PAPER ALLEY LOCATED WITHIN THE TOWN AND AUTHORIZING THE CONVEYING OF THE TOWN’S INTERESTS THEREIN TO ABUTTING PROPERTY OWNERS.”
Upon motion by Mr. Wendowski seconded by Mr. Jensen and carried, Resolution No. 5915 was approved unanimously following a roll call vote.
ITEMS FROM MEMBERS OF THE COUNCIL
Mr. Jensen discussed the Inclusionary Zoning Ordinance. He asked Mayor Willey to ask the Town Manager to do a fiscal note to address this. Mr. Jensen also asked for data on the existing housing stock.
Mr. Wendowski, Mr. Tom Moore and Mr. Thomas will be forwarding information to the Council after their meeting Thursday regarding the PRD District.
Talbot County is moving forward on plans for the Senior Center.
Mr. Ray Clarke advised Mr. Wendowski that the stormwater pond on Dutchman’s Lane is progressing nicely.
Ms. Jackson-Amis is in receipt of a letter regarding properties on Port Street. She stated that the house at 211 Port Street is heir property and is doing his second tour of duty in Iraq. Ms. Jackson-Amis stated that after speaking with relatives, there is hope that the property could be sold for the Affordable Housing project. She stated that she has asked Elm Street to discuss with the owners the possibility of purchase of 11 Port Street.
ADJOURNMENT
Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried unanimously; the President of the Council adjourned the regularly scheduled meeting at 9:39 p.m.
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Kathy M. Ruf, Town Clerk