Harford News

Harford County Development Advisory Committee met Sept. 5.

Here is the minutes provided by the committee:

The Development Advisory Committee (DAC) met on September 5, 2018 at 9:00 a.m. in the First Floor Conference Room, 220 S. Main Street, Bel Air, Maryland. The meeting was chaired by Moe Davenport, Department of Planning and Zoning.

The following members were in attendance:

Moe Davenport Chairman, DAC

Bill Snyder Volunteer Fire & EMS

Robin Wales Department of Emergency Services

Patrick Jones Soil Conservation District

Len Walinski Health Department

Lisa Kalama Health Department

Mike Rist DPW Engineering

Sgt Aaron Penman Sheriff’s Office

Rich Zeller State Highway Administration

Jen Wilson Planner, Development Review

Jenni Daniels Planner, Development Review

Also in attendance:

William; Gamble Lisa Smick

Phil Powell; Jeff Andrews

Amber Robinson; Dave Button

Bob Wilson; Jake Adler

Kea Pierce; Cari Biscoe

Jeffrey Campbell; Hazel Harris

Moe Davenport, of the Department of Planning and Zoning, welcomed everyone to the meeting. He explained there is one plan on the agenda. Mr. Davenport explained that a brief presentation will be given by the consultant for the project. The DAC members will give their comments on the project. The meeting will then be opened up for anyone in attendance that may have questions or comments. If anyone has questions that are not answered, there are information request forms that can be filled out and submitted to the Department of Planning and Zoning and they will be responded to in writing. There is an attendance sheet circulating for everyone to sign. If a correct address is given, a copy of the minutes will be mailed or e-mailed. The minutes are recorded and will also be published to the Department of Planning and Zoning’s website.

HOPKINS FARM REWERY

Located on the southwestern corner of the intersection of Level Road (Route 155) & Aldino Road (Route 156). Tax Maps 43; Parcel 72; Second Election District. Council District D. Planner Jen.

Plan No. S331-2018 4,000 sf Brewery/Tap Room/Office Bldg/121.182 acres/AG. Received 08-08-2018 David & Michele Hopkins/Wilson Deegan and Associates.

Verbatim Transcript

Bob Wilson with Wilson Deegan & Associates presented the plan:

My name is Bob Wilson with Wilson Deegan & Associates. The plan that we are proposing this morning is a micro-brewery with a tasting room. It is located on a tract of land owned by David Hopkins. Approximately 121 acres. The tasting room will have a total seating of approximately 75 people. Access is off of Rider Lane just east of the existing produce stand. With that I will turn it over to DAC for comments.

Bill Snyder – Volunteer Fire and EMS

On the map the driveway, I’m assuming that’s a driveway where there is just 20 foot storm water management access?

Bob Wilson – Correct

Bill Snyder – How wide will that driveway be? Is it known at this time? Bob Wilson – I think it will be approximately 14 feet wide.

Bill Snyder – Ok, we just usually recommend about half way up some kind of a pull off stop where a larger unit truck could get in there. Also, the big thing the Level Fire Department does recommend is that if the building is not sprinklered that there be an underground tank added or some sort of access to that pond. I know that is a large run and it may go through crops if they are still there. But, if there is some way to put some type of static water protection water supply that would be great.

Building shall have a Knox Key Box installed if it has an automatic sprinkler system or a supervised, automatic fire detection system per NFPA 1, Part III, 3-6. Key Box shall be keyed for the Level Volunteer Fire Company: 410.638.3826.

Recommend the usage of non-combustible landscaping directly next to the buildings. Traditional, wooden-mulch increases likelihood of nuisance fires from outdoor smoking.

Robin Wales – Department of Emergency Services

I addressed this 3831 Level Road. Now if the address is going to be on Rider Lane; Rider Lane and Level Road have the same block grid. If you want a Rider Lane address or Level Road address please advise.

Bob Wilson – Ok, I’ll check on that to see. I assume they probably want it addressed the same as the residence that is right there.

Robin Wales – Ok, that is Level Road; 3853 Level Road?

Bob Wilson – I will have to check.

Robin Wales – Ok.

Bob Wilson – I will have to guess it is Level Road but, I will have to check. Robin Wales – These are my comments:

The proposed brewery will be addressed #3831 Level Rd (MD 155). This address will work if displayed properly, available, and approved by planning & zoning.

The building must display 8” –10” address numbers and letters or on a sign that must be clearly visible from Level Rd (MD 155).

Emergency Services must have a list of at least 3 (three) emergency contacts for notification, response, and securing purposes if the facilities are not in operation 24 hours a day.

Patrick Jones – Soil Conservation District

An adequate sediment and erosion control plan needs to be approved before a grading permit can be issued. The sediment and erosion control plan must be integrated with the SWM strategy at the design phase. The new 2011 Maryland Standard and Specifications for Soil Erosion and Sediment Control must be utilized.

A NOI permit is required from MDE when a project disturbs more than 1 acre. Please contact MDE about the NOI permit process.

Attached is information pertaining to the fee system for the review of sediment and erosion control plans. Please contact Bill Tharpe, 410-638-4828, with questions about this information. This fee will be collected prior to the review of the site development plan.

Lisa Kalama – Health Department

This plan proposes to construct a farm brewery and taproom with a maximum seating capacity of seventy-five (75) patrons. Public restrooms will be provided in the taproom. The proposed brewery structure will be serviced by a well and an on-site disposal system (OSDS).

At this time, the plan as submitted cannot be approved. In order for the HCHD to continue its review, the information below must be submitted.

1. The OSDS for the existing dwelling(s) on the property must be described and located on the plan and must indicate which structures they service.

2. All existing wells to remain in service must have the type of well construction indicated and what structure they service. Well construction labels may include such descriptions as a drilled well, pit drilled well, or hand dug well. If the well is drilled, the consultant and/or developer needs to indicate if a well tag is present and, if present, the tag number must be provided on a plan to this office. Once the type of well construction is determined for the existing wells, this office will determine what wells can remain in use or must be replaced by a new well. Any existing well to be removed from service must be properly abandoned.

3. The proposed location of the new well to service the brewery is acceptable. Prior to the issuance of a Building Permit, a new water supply well will need to be permitted, constructed and reviewed. Prior to the issuance of a Certificate of Occupancy (COO), all structures providing water to the public must be connected to the newly installed water supply well and issued a Certificate of Potability (COP). COP testing consists of two consecutive good bacteriological tests taken at least 7 days apart, and testing for nitrates, turbidity, and sand. All water testing must be performed by a Maryland Certified Water Sampler and analyzed at a Maryland Certified Laboratory. All submitted results must include Chain of Custody documentation. Questions regarding well issues should be directed to Bonnie Griesemer of this office at 410.877.2321.

4. Based on the proposed use indicated, this water supply will be designated as a public water system known as a Transient Non-Community Water System (TNCWS). As such, periodic inspections of the water supply well will be conducted by the Health Department, and on-going water test results of the water supply must be submitted to this department. All water testing required for the TNCWS must be collected by a Maryland Certified Water Sampler and analyzed at a Maryland Certified Laboratory.

5. The proposed taproom is seen as potentially generating 1,500 gallons of waste water per day based on the seating of the taproom only, and does not include any waste water generated during the production process at the brewery. A septic area must be defined on the plan which is large enough for an initial system and two repairs. Pretreatment will be expected in the septic system design according to Code of Maryland Regulations (COMAR) 26.04.02.05K, unless you are able to demonstrate the strength of the waste is equal to the strength of typical domestic sewage. On August 17, 2018, the consultant provided a drawing showing the proposed layout of the drainfields for the septic system.

6. Indicate what will be done with any waste product and/or waste water generated during the production process. If surface application of this waste is proposed, a permit from the Maryland Department of the Environment (MDE) must be secured prior to issuance of the COO.

7. The plan does not indicate what, if any, food service will be provided in the taproom. Provide a written description for the provision of food on site.

Upon receipt of the above information, this office will update our comments. This office offers the following general comment regarding this project.

1. The Harford County Liquor Control Board should be consulted to determine what impact their requirements may have on areas of interest to the Health Department. They may be reached at 410.638.3028.

Mike Rist – DPW Engineering

1. A sediment control plan and a grading permit will be required for the development of this site. Sediment controls are to be designed to the specifications as set forth in the Maryland Standards for Erosion and Sediment Control, latest edition.

2. Stormwater Management must be provided in accordance with the 2000 Design Manual as amended by Supplement 1.

3. A stormwater management concept plan has been submitted for review. Comments must be addressed on subsequent stormwater plan submittals.

4. The final stormwater management plan shall be approved prior to the issuance of a grading permit. A stormwater management permit is required prior to the issuance of a building permit.

5. Maintenance of the stormwater management facility (facilities) is (are) the responsibility of the owner (s).

6. All pavement striping and traffic control signs shall conform to the Manual on Uniform Traffic Control Devices and State Highway Administration Supplement.

Sgt Aaron Penman - Sheriff’s Office

The Sheriff’s office has no comment or suggestions at this time. Rich Zeller – State Highway Administration

An access permit will be required to re-construct the existing entrance on MD 155 to a commercial entrance meeting current criteria. The following criteria and details will apply and must be reflected on future plan submittal:

The entrance must be 25’ wide with 30’ curbed radii.

The entrance must be shaded on the plan from the edge of the existing shoulder back to the radius returns within the entrance, and the following full depth pavement section utilized and noted on the plan: 2” Superpave Asphalt Mix 12.5mm for Surface – PG 64S-22, Level 2 7” Superpave Asphalt Mix 19.0mm for Base – PG 64S-22, Level 2 (2 – 3.5” lifts) 6” Graded Aggregate Base or 12” Capping Borrow Curb & gutter for the entrance radii must be SHA 8” Type ‘A’ curb & gutter (MD 620.02).

To initiate the plan review cycle toward the issuance of the access permit the design engineer must submit nine (9) sets of plans reflecting the above criteria and details. The plan submittal should include 1 set of hydraulic computations, and a CD containing plans and all supporting documentation to Wendy Wolcott at 320 West Warren Road, Hunt Valley, MD 21030 to the attention of Mr. Richard Zeller. Please utilize the SHA tracking number when making this submission.

All SHA Policies, Standards and Specifications must be followed when preparing the above plan submittal including but not limited to the following documents:

MDOT SHA Access Manual

MDOT SHA Business Standards and Specifications

The Access Management Plan Review Checklist must be utilized in drafting the SHA Improvement Plans. Please include a copy of the completed checklist when making this submittal. All of these documents along with additional guidance can be found on our web site at www.roads.maryland.gov under Business Center.

Jen Wilson – Planner

1. This property is subject to a Harford County Agricultural Land Preservation easement. The proposed project must be created in accordance with the terms of that easement and is subject to review by the Agricultural Preservation Advisory Board.

2. A revised Landscape Plan must be submitted that includes a protective measures statement signed by the owner. Any proposed lighting shall be shown on the plan. Additional landscaping shall be provided along the parking lot to provide screening from the public roads.

3. This project is subject to the applicable requirements and conditions set forth in Article 2B, Alcoholic Beverages, of the Maryland Annotated Code, as amended.

4. The owner shall obtain all required Federal and State licenses and approvals prior to operating.

Public Comments –

William Gamble – I live at 3833 Aldino Road which is actually across the street from the property. I don’t know if this is the right form or not but I’d like to oppose this. Number one I’m concerned about the amount of water it is going to use. My research shows to make one liter of beer it takes six liters of water and we are concerned about our well. What is going to happen when they pump the well dry? We have no idea how deep they are going to go, what their aquafer is and which one they are tapping into and there is really no way to tell that I know of. I’m also concerned about are they going to serve food? Then you have to clean everything you know all of this takes water and it is going to suck our wells dry. Trash disposal, what are they going to do about trash disposal? Mash disposal, when you are making beer you create a mash, how are they going to get rid of the mash? I’m concerned with the septic you said they are going to need septic for 1,500 people a day, I mean 1,500 gallons a day, I apologize. That is a tremendous amount of septic to get rid of and that is just for the brewery; I mean taphouse/bar.

Len Walinski – Yes, not the actual process. That is totally different. William Gamble – Like I said, the taphouse/bar; because it is a bar.

Len Walinski – Yeah

William Gamble – You are serving alcohol it is a bar and with a bar you have to serve food, correct? Am, I incorrect? I’m concerned with rodents, rats and mice love to eat grain and that is used to make beer. As you said before I don’t see any stormwater management plans. Where are they? I need to see that. Have traffic studies been done? What about signage? Aldino Road is already a bicycle designated land/road. There is a big sign at the end of the road that says bicyclist get full use of the lane. How much traffic is this going to create on Aldino? And, what about the people riding bicycles after you have people leaving a bar? What kind of buffers are they going to put up to shield us from any disturbances? You know, like lighting and what are you going to do about their hours. They claim their hours are going to be Thursday through Sunday. What is going to happen when they do well and they are going to want to go seven days a week? All of this needs to be taken into consideration. Because, you know if they do well they are going to want to go to seven days a week. There is no doubt in my mind. And, I guess my last question is why can’t this be built in a commercial area that has public water and public sewer?

Moe Davenport – Well, the Development Advisory Committee does not accept plans that aren’t permitted by the current code/law. Recently, the laws were adopted to allow farm brewery’s in agriculturally zoned properties and they have to comply with those specific provisions in the code. The Health Department shares many of your concerns with the wells and septic so they have asked for additional information regarding the design, the uses and the capacities that they have. I don’t know if you want to elaborate on the well capacity.

Len Walinski – Yes, we need to review this with the MDE, Maryland Department of the Environment. The plan is not approved by the Health Department. There are still some things that need to be worked out for example water supply of the wells on the property, the septic system for the actual brewery process needs to be reviewed by the Maryland Department of the Environment also for the recommendation. So, at this point we cannot provide too much comment because we do not have the whole plan; all of the information has not been submitted to our office yet.

William Gamble – What are you going to require gallons per minute coming out of the well? Len Walinski – We are going to check with the Maryland Department of the Environment.

Typically, for a well it is one gallon per minute by code.

William Gamble – That is for a household.

Len Walinski – Yes, that is why it is under further review, as stated.

Moe Davenport – And, also the mash, the by products, you want to know how that is going to be handled. As far as stormwater management those plans will be available to them.

Mike Rist – The plan does show a stormwater facility next to this parking lot here but there are detailed plans that will need to be submitted and approved before they get final approval or before they get final approval or go to construction.

Moe Davenport – They are available to the public.

William Gamble – I must have missed it on that plan.

Mike Rist – It’s on there.

William Gamble – I see a stormwater management easement but I do not see any stormwater management plans.

Moe Davenport – Well, they call it bio-retention ponds and bio-retention gardens. They have different names for them but they are shown on this plan. But, the detailed engineering plans are also submitted to the Department of Public Works and they are also available. You can contact the Department of Public Works if you need them.

William Gamble – Will they be available on-line?

Moe Davenport - No, they are not available on line but they can provide them to you. Mike Rist - The only thing you need to do is call us and we will get you a copy of them. William Gamble – ok.

Moe Davenport – Did you have something to add Bob?

Bob Wilson – Well, two things. As far as the waste product; there is a State Agency that regulates these farm brewery’s it has part of it during the growing season can be implemented into their nutrient management program and actually use it on the fields. In the off seasons when they are not growing, obviously, the way you handle waste is it is stored and disposed of at a State approved facilities.

William Gamble – How much waste do you think they will generate during the off season? Bob Wilson – That is beyond my field of expertise.

Moe Davenport - Do you know if there is a farm plan on this property?

Patrick Jones – Yes, it would already be required but the final plan right now does not include the brewery and nutrient management plans would need to be updated and things like that.

William Gamble – It is also my understanding that this land has been put into Agricultural Preservation.

Moe Davenport – It is in Agricultural Preservation Program and we have indicated that the Ag Preservation Board must review and approve this plan.

Bob Wilson – We have been to the Ag Board.

William Gamble – And, what did the Ag Board say?

Bob Wilson – Well, we have their approval.

Moe Davenport – Any additional questions or comments on this plan?

Jeff Andrews – I live at 102 Brotherton Court, that’s Fox Ridge across 155. I have some concerns and I’d like to know how do we keep up to date as this progresses?

Moe Davenport – You can contact myself or Jen Wilson at the Department of Planning & Zoning.

Jeff Andrews – Ok, I noticed on the drawing they a note about their anticipated hours. Do these plans get approved with those hours being somehow binding?

Moe Davenport – The code has 10 to 10 pm. Whatever their hours are not necessarily binding on here but it would be under the code. They have to abide by the code.

Jeff Andrews – So, right now they are saying they are going until 9 but they could til 10?

Moe Davenport – They could go to 10.

Jeff Andrews – The devil is in the detail sometimes with these words we are using here. They are calling it a taproom are the farm brewery’s still required to meet the same requirements that a restaurant or a bar or tavern would have let’s say in the town of Havre de Grace or Bel Air for food service.

Moe Davenport – They would need to meet State regulations regarding food services. What they provide is based upon the Maryland Law for Farm Brewery’s which is somewhat restricted in the products that they sell as far as food.

Jeff Andrews – But, they do have to have a kitchen and do some food service in there, right?

Moe Davenport – I don’t believe they do.

Bob Wilson – No, they do not. I can tell you the plan from here is they might at some point in time have a Food Truck or something that is self-contained. No preparation of food on site.

Jeff Andrews – So, they are not planning on doing a food service out of there?

Bob Wilson – No

Jeff Andrews – Will there be other hearings or other meeting like this that are announced? Moe Davenport – There will be no other DAC meetings unless they totally modify this plan. Jeff Andrews – I was thinking of any other level, alcohol or those sort of things.

Moe Davenport – You can check with the Liquor Board to see but, I am not aware of any.

Jeff Andrews – I’m not adamantly opposed to it; I am a little worried that this could grow into something: wedding venue or a plain old bar, those sorts of things and things that operate later into the evening are my main concern because, I can hear the cows having a party over there when my windows are open so, I know if there is traffic going in and out of there or live music for a wedding venue; that sort of thing, if it goes on later into the evening I will certainly hear it over in Fox Ridge as well as anybody else.

Moe Davenport – Thank you Mr. Andrews. Are there any additional questions or comments on this plan? If not, we will move to our next plan on today’s agenda.

LAND OF DAVID B BUTTON – LOT 8

Located on the east side of Trestle Drive; south of Sharon Road. Tax Map 33; Parcel 466. Third Election District. Council District D. Planner Jenni.

Plan No. P334-2018 Create residential lot/139.909 acres/AG.

Received 08-08-2018 David B. Button/Bay State Land Services.

Jeffrey Campbell with Bay State Land Services presented the plan:

Good morning Mr. Davenport, members of the Development Advisory Committee, citizens of Harford County, my name is Jeffrey Campbell, I am the surveyed planner for Bay State Land Services based here in Bel Air presenting lot 8 Land of David Button. The original Button tract totaling roughly 293 acres came into the Button family in 1957. Wilmur J. Button to be exact. Lot 1 and 2 were created in 1979 via Harford County Planning & Zoning sub-division requirements. Lot 3 and 4 were created in 1980 under Harford County Planning & Zoning requirements. Wilmur J. Button passed in 1992 and the remaining acreage was split three ways between 3 children and one of those children David B Button required property as well as existing lot 4. In 2001, Mr. Button created Section 1 Sharon Station which absolved existing lot 4 and created a new lot 4, 5, 6, and 7 off of a county right-of-way, Trestle Drive and it is a 50’ infeed county right-of-way. In 2009, Mr. Button completed Section 2 of Sharon Station creating lots 8-15 those lots were never developed and the extension of Trestle Drive was again never built. However, in 2014 Mr. Button entered his remaining acreage as well as existing lots 8-15 into a MALPF or Maryland Agricultural Land Preservation Foundation, Agricultural Preservation easement. That requirement into the preservation required that lots 8-15 be dissolved and they were via Harford County sub-division requirements. The total acreage of the parcel now is 139.9 acres +/- and all of that acreage is in Agricultural Land Preservation. This plan proposes to use that Agricultural easement agreement to create a child lot for Lot 8 for his daughter, Amber Robinson. Mr. Button and Mrs. Robinson are in the audience today. Lot 8 will utilize the existing Trestle Drive 50’ right-of-way via an existing gravel farm lane to access the field. It will be a panhandled lot totaling 1.960 acres and will serve one residential dwelling. Perculation tests were completed in June 2018 and they were found to be satisfactory per the Harford County Health Department. There is no existing forest and there is no clearing of any existing forest in order to make this sub- division happen. Harford County did require that an existing Forest Conservation Plan that was on record and submitted for both Sections 1 and 2 of Sharon Station be revised. Our office completed that revision and submitted a copy to your office for review yesterday, 9/4. And, with that I open to floor to comment.

Bill Snyder – Volunteer Fire & EMS

No comment.

Robin Wales – Department of Emergency Services

Lot 8 will be addressed #1115 Trestle Drive. This address will work if displayed properly, available, and approved by planning & zoning.

Patrick Jones – Soil Conservation District

An adequate sediment and erosion plan needs to be approved before a grading permit can be issued. The sediment and erosion control plan must be integrated with the SWN strategy at the design phase. The new 2011 Maryland Standard and Specifications for Soil Erosion and Sediment Control must be utilized.

A NOI permit is required from MDE when a project disturbs moe than 1 acre. Please contact MDE about the NOI permit process.

Len Walinski – Health Department

This plan proposes to create a single family residential lot from an existing parcel. Lot 8 is unimproved and will be serviced by an individual well and on-site disposal system (OSDS). Soil tests were conducted on June 7, 2018.

The consultant provided this office with an acceptable trench layouts for Lot 8. Prior to final plat approval, the following is required:

• Soil test sites for Lot 8 are labeled incorrectly. A photocopy of labeled test sites will be forwarded to the consultant to correctly identify the test pits.

The final plat must bear the well, septic reserve area, and plat plan notes. The square footage amount of the septic reserve area must be clearly labeled on the final plat.

Mike Rist – DPW Engineering

1. A grading permit or standard sediment control plan shall be required for land disturbing activities exceeding 5,000 square feet.

2. Stormwater Management must be provided in accordance with the 2000 Design Manual as amended by Supplement 1.

3. The final stormwater management plan shall be approved prior to the issuance of a grading permit. A stormwater management permit is required prior to the issuance of a building permit.

4. Stormwater management practices designed for and located on individual lots shall be constructed and inspected prior to the issuance of use and occupancy permits. Practices located on individual lots are the maintenance responsibility of the owner.

5. A permanent turn-a-round shall be constructed at the end of Trestle Drive. Road plans will need to be approved and a Public Works Agreement will need to be executed prior to the issuance of building permits for the site.

Sgt Aaron Penman - Sheriff’s Office

No additional comments.

Rich Zeller – State Highway Administration

The MDOT SHA has no objection to Preliminary Plan approval as access to this property will be from a county road, and there are no impacts to the MDOT SHA right-of-way.

Jenni Daniels – Planner

1. This plan proposes revise previously recorded plat 142-72, entitled “Boundary Survey Plat, Land of David B. Button” by creating Lot 8 as a single family residential “child’s lot”. The lot is zoned Agricultural and totals 1.960+/- acres.

2. This property is subject to a Harford County Agricultural Land Preservation Easement, recorded in liber 11072 folio 135 of the land record of Harford County, Maryland. In accordance with terms of that easement, a lot for the child of the property owner at the time of the easement can be created. Lot 8 is being created as a child’s lot for Amber Robinson. The building and occupancy permits shall be issued in that name only.

3. The plan is subject to the Harford County Forest Conservation Regulations. A revised Forest Conservation Plan (FCP338-2018) has been submitted to the Department of Planning and Zoning for review.

Public Comments –

Dave Button – I didn’t quite understand what he was saying about a turn-around, there is already a turn-around at the end of Trestle.

Mike Rist – Yes, that was constructed as a temporary turn-around assuming that road would get extended in the future. With this lot it will not be extended and that does not meet standards as a permanent turn-around so, it would need to be extended further, probably about double the size that it is now to meet the standards for a permanent turn-around.

Dave Button – What do you mean it was a temporary turn-around?

Jeffrey Campbell – It was a temporary turn-around for that cul-de-sac that was going to happen. When you put in a permanent T turn-around the standards become a little bit more higher in terms of making sure there is ample room to pull fire trucks and things along those lines. We will work with that issue and see what we can’t do.

Dave Button – All around this property will be all farm ground with the exception of the driveway that is coming off the T turn-around, just so you know. That’s it.

Moe Davenport – If there are no other questions I thank you for your attendance. This concludes our meeting today.

Meeting adjourned at 9:35 am.

https://www.harfordcountymd.gov/AgendaCenter/ViewFile/Minutes/_09052018-976