The attorney representing Bayside Foods — in a struggle to stop two big corporate dollar stores from coming to Rock Hall — was successful in blocking a site plan review of a proposed Family Dollar store on Rock Hall Avenue, for a second time.
Bayside Foods attorney, Anne C. Ogletree, had the review process postponed by the Rock Hall Planning Commission on grounds that the developer failed to submit proper storm water management plans, had not made clear the boundary lines, and did not correctly indicate the proper scale on the site drawings–a sticking point that halted the site review process at last month’s meeting.
The review process has been put on hold this time for two months–to give Developer Ralph Larson, and his engineer, Doug Liberman, the time needed to submit a plan that complies with the zoning ordinances.
Ogletree argued at Wednesday’s planning meeting that the site plan for the store calls for a 2.2-acre parcel on a 51-acre lot that has not been approved for subdivisions.
“You have a large 51-acre tract and a proposed subdivision that hasn’t been approved [and] you don’t know that it is going to be approved,” Ogletree argued.
“That parcel has not been legally established…if it has not been legally established, it’s premature,” she said. “How can one locate all the features on the site when you don’t know where the site is. They have a tentative proposal, but the ordinance says they have to show where the tentative lines are.”
Though Ogletree’s representation of Bayside Foods is largely based on economic impact guidelines established in the comprehensive plan, she demonstrated technical prowess and a mastery of zoning law as she tore apart the site plan submitted by Liberman.
Ogletree’s arguments over a lack of a storm water management plan struck a nerve with Rock Hall Planning Commission Attorney Mitchell Mowell, who admonished Liberman for not reading the zoning requirements before submitting a site plan.
“The ordinance does have a list of what has to accompany the site plan and the storm water management plan is one of those things,” Mowell told the Liberman. “You should have read the ordinance right…and you didn’t because a storm water management plan is required, and it should have been submitted with the site plan 30 days before the [Feb. 13] meeting. With all due respect, if there had been a little more care taken by the applicant, we wouldn’t be in this situation–where the planning commission is tearing their hair out trying to figure out how to be fair to everybody.”
Gren Whitman says
“It ain’t over ‘til it’s over,” but both those dollar stores proposed for Rock Hall are swing-and-miss.
Dollar General is in a rain delay at circuit court and Family Dollar is back in the dugout for at least two months—apparently, no one told them they must first actually sub-divide their 51-acre parcel.
“Can’t anyone here play this game?” asked Casey Stengel about his ‘62 Mets.
The Old Perfessor also said, “Never make predictions, especially about the future,” and I’m not, but so far, these o-fer stores, Kent County’s planners, and Rock Hall’s planning commissioners look mighty bush league.
Can’t resist mixing metaphors and calling them “a day late and a dollar short!”
jor diamond says
” . . . The developer failed to submit proper storm water management plans, had not made clear the boundary lines, and did not correctly indicate the proper scale on the site drawings . . . The site plan for the store calls for a 2.2-acre parcel on a 51-acre lot that has not been approved for subdivisions. . . . [and] . . . you don’t know that it is going to be approved, Ogletree (Batfoods lawyer) argued..”
This is pretty good tap dancing, so far. It is still not a reason to stop the project. Storm water in Rock Hall is not too tough. Determining the exact location of the proposed structure and examining suitability for constructing the proposed structure could be an issue. It is exactly this death ba a thousand cuts that made WalMart wander away from Chestertown.
Stay tuned….
Joe
Kevin Shertz says
If the developer failed to provide what is clearly required of all applicants of all projects, they clearly deserved to get smacked down. That’s not bias, that’s due-diligence.
Developers do this type of work for a living day in and day out. You honestly don’t think they were aware what the requirements were before they filed a single piece of paper? I used to do commercial work early in my career, and saw this story play out many, many times (one of the reasons I now do primarily residential projects.)
Joe Diamond says
Kevin,
What you stated got me thinking. Could this not be a tactic? As you say, this seems to be a newbie, amateur fumble on the part of the developers. But, if they perceive great public furor over their plans, what better way to let things cool down than to get their ass kicked in public? The angry peasants go off to a victory dance. In a week or so the applications and plans with paperwork correct get overnight shipping to the zoning office.
Eh?
Joe
S Pennington says
I find this outcome somewhat of a surprise in Rock Hall, a town I have considered a successful and business friendly place when compared to its insular neighbor Chestertown (how’s that marina working out for you?). I understand the motivations of those opposed to the Dollar Store… well paid jobs and decades of tradition are on the line. But for those of use now paying 9% sales tax on liquor (little of which stays in Kent County), and about to pay another 4% on gas, on top of an additional 2% in social security tax, not to mention the bottle bill and the state plastic bag tax, where does it end? We could have used another choice for at least some of our daily needs and wants. In the long run, we are diminished without community based choices for essentials. If the intention is to keep the less fortunate less fortunate, it’s looking like a smashing success.