Development Advisory Committee Minutes

DEVELOPMENT ADVISORY COMMITTEE MINUTES

The Development Advisory Committee (DAC) met on November 1, 2017 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 Robin Wales Department of Emergency Services Patrick Jones Soil Conservation District Len Walinski Health Department Daryl Ivins Water & Sewer Mike Rist DPW Engineering Sheriff’s Office Rich Zeller State Highway Administration Eric Vacek Planner, Development Review

Also in attendance:

Duy Do Nichole Do Maureen Cornett Irene Kane Robert Boyd Donna Blasdell Douglas Kopeck Ted Hendricks Lee Crush Robert Crush Donald Merritt Theaux LeGardeur Richard Foard Kevin T Jake Adler Shivarse Moberly

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.

ROYAL FARMS STORE & HARFORD BANK – PRELIMINARY – LOTS 1 & 2 Located at the intersections of Riviera Drive; Kearney Drive and Joppa Farm Road. Tax Map 69; Parcels 91 & 221. First Election District; Council District A. Planner Moe. Plan No. P92-2017-2 Reconfigure parcels to create two lots/1.35 acres/B2. Received 09-27-2017 Two Farms Inc/Harford Bank/CNA Development Advisory Committee Minutes November 1, 2017 Page 2 of 32

ROYAL FARMS STORE & HARFORD BANK - SITE – LOTS 1 & 2 Located at the intersections of Riviera Drive; Kearney Drive and Joppa Farm Road. Tax Map 69; Parcels 91 & 221. First Election District; Council District A. Planner Moe. Plan No. S93-2017-2 Redevelopment of Royal Farms Store (4,166 sf) w/canopy & gas pumps & Bank (2,326 sf) w/drive-thru windows/1.35 acres/B2. Received 09-27-2017 Two Farms Inc/Harford Bank/CNA

Verbatim Transcript

Christopher Mink with CNA presented the plan:

Good Morning my name is Christopher Mink, I’m with CNA Engineers. I’m here on behalf of the Royal Farms and Harford Bank. These are two existing businesses at the intersection of Joppa Farm Road and Kearney Drive in Joppatowne. This is a re-development project. Royal Farms and Harford Bank have gone into a purchase agreement where as; Royal Farms will be purchasing the excess property of the Harford Bank which will allow for re-development of both the Royal Farms and the Harford Bank. They will remain two separate sites and operate independently with only one shared access coming off of Riviera Drive. As I said, they will be two separate sites served by separate water and sewer services. They will park independently meeting all of the county requirements for the re-development of these sites. It is in the Critical Area and stormwater management will be addressed for each site also independently. That is the extent of it.

Robin Wales – Department of Emergency Services

On the preliminary plan, lot -1 can remain #501 Riviera Dr. & Lot - 2 can remain #500 Joppa Farm Rd. These addresses will work if displayed properly & approved by planning & zoning.

On the site plan for Royal Farms, if the facility maintains in inventory a hazardous material in amounts over 10,000 lbs. or the Threshold Planning Quantity of 500 lbs. of an extremely hazardous substance, they must submit reports as required by the Emergency Planning and Community Right to Know Act (EPCRA). Reports are due by March 1st and cover the inventory for the previous year. Federal requirements for retail service stations are 75,000 gallons of gasoline, 100,000 gallons of diesel fuel, and 10,000 lbs. of propane or LNG (Liquid Nitrate Gas). If the retail service stations exceed that amount then they must report to the State, LEPC and the Local Volunteer Fire Department. Reports for the Local Emergency Planning Committee should be sent to Harford County Local Emergency Planning Committee Attn: Forney Buchanan (SARA Title III Coordinator) 2220 Ady Road Forest Hill, MD 21050.

The proposed buildings must display 8” –“10/10” – 12” address numbers and letters. The addresses must be clearly visible from Joppa Farm Rd & Riviera Dr. for the Harford Bank.

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For the bank, Emergency Services must have a list of 3 (three) emergency contacts for notification, response, and securing purposes, also please advise if Emergency Services can have the ability to access Closed Circuit Television (CCTV) Cameras feeds or provide a point of contact to comment on this matter.

Patrick Jones - Soil Conservation District

Concept SWM plans have been submitted and reviewed.

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.

Sediment Control plans should make adequate provisions for the onsite demolition.

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, 410.838.6181 x3, with questions about this information. This fee will be collected prior to the review of the site development plan.

Len Walinski – Health Department

The Harford County Health Department (HCHD) has extended its approval for the above- referenced preliminary plan. The site is located at the intersections of Riviera Drive, Kearney Drive and Joppa Farm Road.

This plan proposes to reconfigure parcels to create two (2) lots. Lot 1 is improved with a bank and Lot 2 is improved with a Royal Farms Store. In the future, the existing Royal Farms Store will be demolished and replaced with a new store. The site is serviced by public water and sewer.

Additional comments will be provided upon review of the site plan.

The final plat must bear the standard owner’s statement and the master plan conformance statement.

The Harford County Health Department (HCHD) has extended its approval for the above- referenced site plan. The site is located at the intersections of Riviera Drive, Kearney Drive and Joppa Farm Road. Development Advisory Committee Minutes November 1, 2017 Page 4 of 32

This plan proposes the re-development of 4,166 sq. ft. Royal Farms Store with fuel pumps and a 2,326 sq. ft. bank with drive-thru windows. The site is serviced by public water and sewer.

This office has the following comments regarding this project:

1. The HCHD must review and approve all food service and building plans prior to issuance of the building permit, and a food service package must be completed. To request a food service facility review package, the owner or his/her agent should contact Mrs. Lisa Kalama at 410-877-2332. If the plan is recognized as a prototype plan, review will also be required by the Maryland Department of Health (MDH), Division of Food Control. If there are any questions regarding this review, the applicant should contact MDH at 410-767- 8412.

2. If the facility will operate a boiler or other fuel burning equipment including charbroiler, a permit to construct is required from the Maryland Department of the Environment (MDE). It is incumbent upon the owner to secure any permits. The Air Quality Program at MDE can be reached at 410-537-3230.

3. A certified Underground Storage Tank (UST) installer must be used to install the fuel storage tanks and register the installation with Maryland Department of the Environment, Oil Control Program. A permit may be required from Maryland Department of the Environment, Air and Radiation Administration to construct and operate the vapor recovery system. A permit to operate is required from MDE to put the facility into service.

4. Any buildings listed to be razed will require a demolition permit that is secured through the Department of Planning and Zoning. All aspects of the demolition work must be reviewed, approved, and completed to the satisfaction to the Health Department. This includes but is not limited to the abandonment of any wells and septic systems, the management of asbestos, hazardous materials, and solid wastes, and the removal of underground storage tanks. All documentation concerning the demolition work must be forwarded to this office. If there are any questions concerning the demolition work, the owner/developer may contact Mr. Joe DeLizia of the Health Department’s Air/Waste Division at 410-877-2335.

5. Additional comments from this office will be provided at the time of the building permit or tenant/occupancy permit. It is the responsibility of the owner/operator to be aware of any regulatory requirements for the proposed use and for obtaining appropriate permits.

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6. The owner/developer is reminded that during the development of this project when soil moisture conditions are low, measures must be implemented to prevent the generation of dust until a permanent vegetative cover is established and all paving is completed.

Daryl Ivins – Water & Sewer

Preliminary Plan

New Series Required: Yes X No □

If another series of this plan is submitted, then the Division of Water and Sewer would like an opportunity to comment on that series.

Water □ adequate □ inadequate – under review Sewer X adequate □ inadequate

A new series of this plan is required to address the following comments, concerns and/or requirements of the Department of Public Works, Division of Water and Sewer, on the above described project:

The Preliminary Plan must show the method that public water and sewer service is proposed to serve the new property configurations.

The construction of a new public water main is not required for this project. Water service for the Harford Bank should come from the existing main in Joppa Farm Road. The water meter should be set in the grassed area on the right side of the northernmost entrance. Water service for the Royal Farms Store may come from the existing mains in either Joppa Farm Road or Kearney Drive. The water meter for the Royal Farms Store may either be placed inside the building or outside in a vault. If there is a possibility of adding a car wash in the future, an inside meter should be used with a reduced pressure type of backflow preventer.

If the water meter is placed outside in a 4’x 6’ vault, it must be located within a drainage and utility easement and the easement should be shown on the next series of the plan.

Private easements must be provided where water or sewer services cross one property to serve an adjacent property. They must be shown on the Site Plan as well as the record plat. The plat should also contain text dedicating the easement from one property to the other.

The unused existing water services must be abandoned at the main in accordance with Harford County requirements as part of the utility work for this project.

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A flow test must be performed to determine the water pressures and flows that are available for the design of this project. The developers engineer shall perform the test on the hydrants located on Joppa Farm Road and Kearney Drive. The tests should be submitted to Mr. Ali Ghanavi at the Division of Water and Sewer. You may contact him for additional information concerning the test. This test must be performed and the results given to Mr. Ghanavi before the Division of Water and Sewer can recommend approval of this plan.

The two existing sewer services must be abandoned as part of the utility work for the Royal Farms project. The method of abandonment will be determined during review of the Commercial Application.

The Division of Water and Sewer would prefer that sewer service to each lot be obtained by connecting to existing sewer mains in Riviera Drive, Kearney Drive, or Joppa Farm Road without constructing a new public main. The minimum sewer slope for the proposed sewer line in Riviera Drive must be 0.75%; a larger slope is preferred. If there is any question regarding the ability to obtain the minimum required slope, the engineer shall survey the existing manholes and determine the elevation of the sewer main at the proposed connection location before the design is prepared. The elevations on the existing construction drawings may not be relied upon for the design. If a new sewer main is constructed, the existing sewer line in Kearney Drive must be abandoned beyond the last manhole. The work must be performed as part of the contract to construct the new sewer line.

A Public Works Utility Agreement (PWUA) is required for the construction of any public water and/or sewer mains associated with this project prior to the issuance of a building permit. It is the developer’s/owner’s or their representative’s responsibility to contact the Division of Water and Sewer, Permits Review Supervisor at 410-638-3300 to request the preparation of the PWUA concurrent or following the submittal of the water and sewer contract drawings for this project.

Site Plan:

A new series of this plan is required to address the following comments, concerns and/or requirements of the Department of Public Works, Division of Water and Sewer, on the above described project:

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If the water meter is placed outside in a 4’x 6’ vault, it must be located within a drainage and utility easement and the easement should be shown on the next series of the plan.

The unused existing water services must be abandoned at the main in accordance with Harford County requirements as part of the utility work for this project.

The two existing sewer services must be abandoned as part of the utility work for the Royal Farms project. The method of abandonment will be determined during review of the Commercial Application.

A Commercial Service Application shall be completed for the new water and sewer services to the Harford Bank. The application must be reviewed and approved before the bank may be connected to the new services.

A Commercial Service Application for the Royal Farms Store must be completed by the owner and approved by Harford County before a building permit will be issued for this project. Contact the Division of Water and Sewer Administration and Permitting Section at 410-638-3300 for additional information.

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The Commercial Service Application Number 19953 must be added to the title block of the site plan submitted with the Royal Farms Store application for approval.

Any sewer cleanouts that are located within the paved area shall be installed using the County cleanout in paving detail S-28. The detail shall be shown on the utility plan and referenced on the plan and/or profile drawing.

The construction contract numbers for the existing utilities shall be shown on the drawing submitted with the Commercial Application.

Mike Rist – DPW Engineering

The following comments are offered by the Division of Highways & Stormwater Management on the subdivision plan submitted:

NEW SERIES REQUIRED–NO

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 and must be approved prior to preliminary plan approval. 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 facility (facilities) is (are) the responsibility of the lot owner (s) and shall be stipulated in the business association documents.

6. Commercial access permits are required for the construction and modification of the site entrances.

7. The entrance widths shall be 35’ with 25’ minimum curb radii.

8. Sidewalks handicap ramps shall be constructed at the entrances.

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

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10. Computations are required to ensure the existing stormdrain system is adequate to handle the additional runoff from the site.

11. A utility permit will be required for the construction of the Water & Sewer Lines with the County right-of-way.

- Sheriff’s Office

The Harford County Sheriff’s Office has no comments or suggestions on this project.

Rich Zeller – State Highway Administration

The MDOT SHA has no objection to Preliminary Plan approval as there are no impacts to the MDOT SHA right-of-way.

The MDOT SHA has no objection to Site Plan approval as access to these sites is from county roads.

Moe Davenport –

Chris, this site is located in the Chesapeake Bay Critical Area. We have forwarded the 10% gluten reduction calculations to the critical area and they have asked that the calculations used for 1.6 acres as the site whereas the site plan indicates a 1.35 acres. I will forward you their comments and if you could address them when you have that opportunity.

Site Plan proposes to reconfigure two existing lots for re-recordation. All cross easements for shared use and common with Harford Bank and the Royal Farms must be recorded on the final record plat.

The photometric plan that you submitted originally with the Series 1 is that consistent? Are there any changes to the series or the light fixtures.

Chris Mink – Yes, that is consistant.

Moe Davenport – Are all of the existing light fixtures going to be removed and replaced.

Chris Mink – Correct.

Moe Davenport – With the can lights, with specs on the photometric plan.

Chris Mink – Yes, but they will be in different locations.

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Moe Davenport – Right, so all of those poles are going to be replaced.

Chris Mink – Yes.

Moe Davenport – If there are any changes to the lighting plan then you will need a new Photometric Plan.

Chris Mink – Understood.

Moe Davenport – We are asking for a revised landscape plan to increase the foundation plantings in front of the Royal Farms Store.

Chris Mink – Ok

Moe Davenport – All signs must conform to the sign code. Are you planning to utilize the existing sign location? It looks like it might be in the setback.

Chris Mink - That is correct we would like to use the existing sign.

Moe Davenport – Then they will have to conform with the size, so we will have to take a look at that and see if that can’t be increased if it not conforming than you can’t increase the size.

Chris Mink – Yes, Ok.

Moe Davenport – So, if you want a different sign then you have to conform with the setbacks and the new code. The Traffic Impact Analysis is currently under review. All buildings to be raised will require demolition permits. That is all of the comments from Harford County Planning.

Are there any additional questions or comments from DAC members?

At this time we will open it up to anyone in attendance that has any questions or comments. Please just give your name for our record.

Public Comments –

Donald Merritt -

My name is Donald Merritt. I am a resident obviously, in Joppatowne. I have a couple of questions. One was a Critical Area, does it conform from current site plan to 10% betterment to the next site plan?

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Moe Davenport – Yes, sir. They have indicated that the calculations are correct it’s just that the information doesn’t coincide with the plan. So, they will have to make sure that they coincide. That information I will make available to you.

Donald Merritt – Basically, if you come down Joppatowne, especially at night, there is pretty much nothing down there. It’s a nice, quiet, go to town community. This will be the biggest and brightest thing in the center of this neighborhood. Lighting is definitely a concern. The next step would be gas pumps within 115’ of people’s homes. Health risks, obviously all of that comes with it, ground level ozone. Right now they are currently closed from Midnight to 5:00 am. Royal Farms model is music coming out of the canopy all night, lights all night, 24 hours. This will be a pretty aggressive change. I’d like to have all of you guys come down there and drive through our neighborhood at 9 o’clock, 10 o’clock at night or just take a walk and see what you are going to see after this. Those are concerns. Now, per HUD guidelines (passing out a paper) within 300’ of an above ground or below ground of a stationary storage tank of 1,000 gallons or more of flammable explosive material the property is ineligible for FHA insurance and the appraiser must notify the mortgagee of the deficiency of the minimum property ratings and minimum property standards. I’m looking at probably nine properties involved. Currently, if they have a FHA loan this creates a certain issue, selling homes or buying into the neighborhood. You can’t get FHA once those fuel tanks are put into the ground. Then, the highway, you can’t come down Joppa Farm Road with anything greater than 56,000 pounds. An 18 wheeler, tanker truck loaded is 80,000 pounds. There is a culvert right there past the post office marked 28 tons which is 56,000. You have to make a right on Shore, go down Town Center which is a 25 mph road probably 60 or some houses, come past the library hang a hard right and get to the site. Obviously, you can leave with the tractor trailer because 6.18 per gallon, it’s empty you can drive out. If you can’t do that then you have to come in Mountain Road and if there is traffic in both lanes on the turn lanes you can’t make that turn from Mountain to Trimble. Then you have to come in obviously, with the fuel through the Ft. Hoyle Circle, than Haverhill, Foster Knoll and Garnet all have speed humps and traffic squeezes. Again, you are driving all of this through a residential community where everybody goes to bed. Then if you have to take Trimble, that has no shoulder. There is a fire department on that road and if they are getting involved in it or a school bus you don’t know what is going to happen. It obviously is in the Critical Area; concern would be from tank, drip, drip back to the pump. Plenty of that. Obviously, if you read the Community Input Meeting minutes, the target market is boaters. Nine times out of ten when you fill a boat it blows back. I’ve got two of them and probably three times a year it either fizzes out or boom boom bush, ¼ gallon, half gallon. Now, this is within about 700’ of the parking lot of the Critical Area. A marina is at the corner right here and there. To the site plan, the site plan depicts a truck and a trailer and what they have here they are showing a truck, a car and a boat. Well, the traffic issue here involves the fact that every boat on the planet fills from the rear. Well this has to be moved up and this depicts about a 16-18 ft boat on a trailer and a 20’ truck. Well, my truck is 22 and one of boats is 30 on about a 35 foot trailer. The average boat going out in the river is about 25, so that would put it out here, so each pump blocks these parking spaces. Then, if you turn the other way you are blocking the entrances. That’s an issue. I mean most of the vehicles coming in are going Development Advisory Committee Minutes November 1, 2017 Page 12 of 32

to be bigger than this depicts. Oh, and I just thought about this last night what if another Isabel happens and we get 10’ surge down there. Is that good? Is this site able to handle that?

Moe Davenport – Well, they would just have to comply with all State and MDE regulations.

Donald Merritt – The biggest concerns is the mortgage issues and how are the trucks getting in with the fuel once it’s there.

Moe Davenport – Thank you, Don. Mike do you have anything to say about the trucks and the culvert.

Mike Rist – I am not familiar with that culvert and any restrictions on that.

Donald Merritt – And, actually the culvert that continues to Shore which is unmarked and there is actually two more one on Trimble and one on Joppa Farm which Foster Branch passes under; neither one are rated.

Moe Davenport – We will take a look at that.

Robert Boyd – I’m sure many of you on this panel do not live in the Joppatowne area and if you did you would be effected by this new construction. I have a problem with Royal Farms and the trash that it generates up and down the sidewalks and on my property. Folks use that business and buy whatever and come down the street and drop rubbish all over the street and all around. Right now if the Royal Farms stays like it is they need to have a rubbish patrol within a six block area of that business to pick up all of the trash that it generates.

Moe Davenport – Hopefully, there will be more trash dispensers in this new facility but, they can’t control their customers.

Robert Boyd - How would you all feel if they were doing the same thing in the area where you live. In the residential area where you live; I’m assuming you all live in a residential area and it just doesn’t fit as far as I’m concerned.

Moe Davenport – Yes, sir. Thank you, Robert.

Nichole Do – I live at 427 Joppa Farm so I’m at the top of the T intersection between Joppa Farm and Kearney; so my driveway opens up onto Kearney even though I’m on Joppa Farm Road. So, the site plan already includes boats in the plan itself to kind of put into that. But, a lot of the boats that do go down to the marina and the park, they are fairly large and as of right now they already pull over onto the side of the road to fix some things, to make sure they stay on their trailers.

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Moe Davenport – Yes, tie downs.

Nichole Do – So, people are stopping on the side of the road on Kearney plus, them going into and out of the gas pumps. It is going to cause some traffic back-ups with people trying to get into those entrances. So, I’m wondering if there is anything in place to ensure that I will be able to get out of my drive way?

Moe Davenport – Other than the parking, the general parking lot is going to be much broader now. There are obviously times like Saturday mornings, weekends, when there would be more boating traffic than normal. You understand that, you live there. But, the geometrics and the increased space here hopefully they can do that on site and not out on Kearney Drive.

Nichole Do – We also just bought our house in April because there is no gas station there. We really did not think about it so, now we are thinking about starting a family, so all of those health hazards, I’m an asthmatic as well so living across the street from a gas station after just living there for six months is kind of not planning on something I was doing once I moved in. If we do have small kids all of the extra traffic that is going back and forth; there are a lot of people who just walk up and down the street; people walking to the park. There is a lot of foot traffic through there and adding the gas pumps and a larger station could increase the traffic.

Moe Davenport – We will ensure that we have the best product that we can here with increased landscaping and better lighting and a newer store. Other than that we try and make it as attractive as possible. Thank you, Nichole.

Lee Crush – And, if I could just add to what Nichole was saying by having a gas station that is open 24 hours a day. We already have a problem with loitering and littering. There will be an increase in that if it is open all the time because kids aren’t going to go home and go to bed at 10 o’clock even at 12 o’clock and the noise will increase in that area quite a bit while people are trying to sleep. And, the crime even though the Sheriff’s department didn’t have anything to add to it, they know there are problems with drugs and theft and having an all night long gas station that’s open is an attraction for kids, or not just kids I don’t to paint them in a bad light. But, for people to hang out who probably shouldn’t be hanging out at those hours so, that’s just another aspect of 24/7 gas station in the middle of a residential community is threatening to all the neighbors whether your directly across the street or not.

Moe Davenport – Unfortunately, there are no statutory requirements that I could place upon them for hours of operation. I’m assuming they are going to be 24 hours. Is that right Jack, I mean if Royal Farms is not making a dime overnight keeping it open is that the prototype?

Jack Winstead – There is a reason why we close early now and that is because the business is not really there after the hours that we closed right now. We are in a small community we know that and we respect all the neighbors comments about noise, lighting, trash and we think that this Development Advisory Committee Minutes November 1, 2017 Page 14 of 32

product that we are putting in is going to be better, safer and cleaner. We haven’t figured out what our hours are going to be here. It is all based on business. Obviously, if we are not getting any business in a small community from midnight to 6 am we are not going to be open. It costs us money to keep it open. So, we haven’t decided on the hours at this point but our standard model is 24/7. So, there is a possibility that the hours of operation could be exactly the same as they are right now.

Moe Davenport – Right, but initially when you open you will probably go 24/7?

Jack Winstead – We will have to see.

Nichole Do – So you say that you won’t be open 24 hours or there is a possibility that you won’t but, your lights will still be staying on over top of the gas pumps and gas pump lighting is usually slightly brighter than what you have right now.

Moe Davenport – What would you do with the lights at night? Can you dim them?

Jack Winstead – Yes, we have the capability of dimming them or turning them off. If the pumps aren’t open, it would be silly to have the lights on to encourage business that we would have to turn away. The music under the canopy, we also have the ability of turning that off during the night time hours as well. Again, it’s all about what kind of business we are going to be generating. We are restoring this lot to generate more business, that is our model here and if we are not generating business during the night time hours we certainly can turn the music off and dim the lights under the canopy. All of our lighting on the site is LED down cast lighting. There is no over shadow or brightness that goes beyond the property line per code and per design. We don’t need to be a beacon in the middle of a residential neighborhood. We become a destination at this point that the neighbors know we are there and of course during boating season when the folks come from all over to come into Joppatowne down Kearney Drive we find that as an opportunity to make more business. That is day time hours.

Moe Davenport – Understood

Duy Do – Most of us here we work early in the day. I mean we wake up at 4 o’clock 4:30 to get ready for work. Right now, I currently have a problem with the business hours at Royal Farms because there is always people driving by with loud music and that keep us up and if we don’t sleep that makes us tired going to work. I work with explosives for a living and per federal regulations I need 8 hours of uninterrupted sleep or else I can’t do my job properly and/or I could kill somebody. That is sort of my big issue. My other issue is when I get home from work there are kids and school busses driving down Joppa Farm Road and if you increase the traffic with the gas station it is going to cause issues with the kids trying to get home safely because there are more people going on the road to go to the gas pumps, Royal Farms especially around boating Development Advisory Committee Minutes November 1, 2017 Page 15 of 32

season. When that comes around and the kids are still going to school there will be more traffic, possibly kids getting hit.

Moe Davenport – We are doing what we can to make sure that the entrances meet today’s standards, the turning radius is that going to change?

Mike Rist – Yes, they are going to change. They need to meet today’s current standards. That may help out a little bit.

Moe Davenport – We are trying to make sure they comply with the new standards. Since this was originally developed the county has tried to adopt a number of legislative changes to make a better quality development, better lighting regulations, better landscape regulations that weren’t in place 20-25 years ago, design standards, engineering standards for the roads and the entrances. So, when they choose to re-develop we are here to ensure that they meet those current day standards so, that we have a product that meets all of current standards; all of the state and federal standards for vapor recovery, for the tank safety and so forth. We will do our best to make sure that happens.

Duy Do – With the vapor safety from the pumps, like Don said, there are issues with it. There is drippage and back wash coming from the boats are you are filling it up. I work around fuel as well and even with all of the regulations that we are under, state and federal regulations and we get fined if any of those are infringed and that is a daily thing that we find an issue with. Like no matter what type of plan you have in place there will be people that cause pollutants and hazardous materials to end up in the air. Living around that, quality of life just drops. Where I work we have health assessments every year to see how worse our health has gotten. Year after year it is getting worse. Even with everything in place and all of the protective equipment that we use our health is still degrading. It’s part of the job and I don’t want to leave work and go home to the same things I’m exposed to at work especially when I want to have kids.

Moe Davenport – Understood.

Theaux LeGardeur – I serve as the Gunpowder River Keeper so I have a non-profit that represents folks in five counties, including Harford County that are particularly interest in the health of the Gunpowder and it’s waterways. Because this is sited within the Critical Area and because the IDA, Harford County overlay allows for this kind of use. I don’t have so much as a legal question for you as a common sense question. This is from Maryland and I only have one copy so I just ask as I hand you things you pass them down and if the members would like copies I could provide them for you of course. That zoning code of 267-63 that is essentially is what this is about states that to foster environmentally sensitive development by requiring minimization of adverse impacts. I think there are a few things on the site plan that are still in question in my mind one of which is the stormwater management plan or if there is going to be a stormwater protection plan or pollution plan related to/or requirements for this site plan to go forward. Because, this is my Development Advisory Committee Minutes November 1, 2017 Page 16 of 32

first DAC I’d like to ask respectfully if there are going to be other opportunities to comment on this plan as this is considered a preliminary site plan? I think in other counties there has been an opportunity for the community to influence not only site design but to work with Royal Farms on operating hours and those kind of things. I guess we have a Royal Farms representative here so that is something that I think needs more engagement outside of the preliminary site plan from what I have heard from residents and members. I’d like to pass you a 2013 Baltimore Sun article from Tim Wheeler that indicates that Royal Farms back then agreed to pay $600,000 in fines for fuel leaks at two of its Maryland outlets. I gather those were older facilities and this is going to be the best product that they can put together. In the Rosedale leak in particular residence sump pumps had fuel in them and it was about 5,400 gallons by the time the investigators tracked it back to the station. That is certainly a concern not only with the 9 houses or so within that 300’ threshold but the idea that this is sited within the Critical Area. The article went on to state that Royal Farms did agree in 2011 to pay 2.7 million to that family but, it was a court of special appeals decision and that means that it was challenged outside of the circuit court. That is troubling to me because I feel there is an opportunity for DAC to provide for a performance bond related to any future spills so that residents would not have to go through time consuming and expensive court proceedings. The last article I’d like to pass to you is a little more recent it is from 2014 it’s from the Johns Hopkins School of Health, that’s the Bloomberg School of Health of course and this was a journal article in the journal on contaminant hydrology. It indicates as a lot of the residents have mentioned that small gasoline spills do not in fact evaporate and it goes on to say that even the smallest spills can have lasting impact because gas has benzene a known carcinogen and it’s important to prevent rainwater from flowing over these stations. As the stormwater protection plan is put together and as we are talking about canopies and actually how this lot is going to be angled I’m very interested in how that might impact bodies of water. This whole coastal resiliency aspect and I’m not going to say climate change oh I just said it talk about coastal resiliency and you talk about sea level rise and that sort of thing and more severe storm effects. I’m not from Maryland, I’m from Louisiana, my family went through Katrina, we just went through Isabel here in Maryland not too long ago and I saw friends that had businesses in Annapolis flooded. They are not in business anymore because of Isabel. I really ask DAC to review what projections it would be on these severe storms, how this state is going to be resilient and actually protected if storm happen and the department of health back when this site plan was amended back in 94 and 95 requested that the tanks be removed because they wanted to add about 110 sf to the building. That shows a lot of foresight from the department of health. That was prior to this Bloomberg study, it was prior to any other talk about severe weather but the idea that those tanks are not in the ground right now and that was basically a condition on the revised site plan back then really point to the fact of Harford County being protective in that case and I’d ask the department of health to weigh in on this if they can and to not waiver on their request to protect this community and the adjacent water body. Thank you.

Moe Davenport – Understood

Development Advisory Committee Minutes November 1, 2017 Page 17 of 32

Lee Crush – I wanted to add to that about Joppatowne. It was one of those planned communities there wasn’t a lot down here back in the 60’s. It’s a little like Columbia where some developers and people with money got together and decided let’s set up a whole little town. They had it laid out that’s why there is a B2 zoning in there. It was set up as B2 for a gas station this was set up and designed because they were starting this little town. Well, back in the mid 60’s they went bankrupt. They didn’t have that plan thought out enough and in the meantime between the late 60’s the other gas station closed down and the gas pumps taken out and other convenience store took over, over the years. The community has changed a lot. There are thousands and thousands of more people that have gotten homes in Joppatowne. There has been development. It’s turned into a pretty nice community. There is room for improvement and we are working hard to do that but, at the time when we had that zoned for B2 and I know that it’s allowed for a gas stations but the community has changed so much, it really has and, you have to take into consideration that way back in the day we thought about a gas station right there but they had no idea how Joppatowne was going to develop and what Joppatowne has turned into now with mostly residential in that area.

Moe Davenport – Understood. Are there any other questions or comments on this plan?

Donald Merritt – Same line of talk. My thoughts are that I bought in the neighborhood; one entrance, two little roads out, post office, a couple of schools, churches, park, places to walk, boat ramp, I never thought that we would be having this conversation. If they fix the Royal Farms store up with a new store that’s great, I just think it would be a nuisance and a hard thing to get rid of in the future if they put gas there. It’s a go to sleep town, 10 o’clock go down there, take a walk, I’ll go with you. I do it all the time. You are going to see it’s done and shut down. You may see a car go by but it is all over. Probably at 9:30 it’s falling off, they will tell you and the reason they are closed from midnight to 5 am is crime. There have been a couple of pistol whippings and beat downs and that is why they are closed at night and it is a dead zone. You may have someone roll in but you know in the interest of everyone there I hope you weigh your decision there, to not put fuel there, to not expose people to those risks. The California air resources board says you shouldn’t sleep within 300’ of a fuel filling station. That goes along with the HUD requirements. Maryland’s IM240 emissions standard is adopted from California. As a neighborhood I don’t think we should consider this, the Chesapeake Bay and everything there. Just to give you an example if you go to the WaWa up here in Benson they have a catchment grid around the whole entire canopy all the way around for run-off. I don’t even think we should get to that level.

Moe Davenport – Understood.

Deborah Herr – I live at 501 Joppa Farm directly across from the Royal Farms and my concern is that we have gas pumps there. It is right there in the front of my front yard. Where the front of the building is now and then they will be putting the gas pumps in front of that. So, as soon as I look out my front door that is what I’m going to see. I’m worried about the lights, the music, the Development Advisory Committee Minutes November 1, 2017 Page 18 of 32

traveling in and out, I have seven grandchildren that play out there and I’m just worried because they squeal wheels and drive like lunatics and, the best thing was is when they closed at midnight because we don’t get woken up with the loud music, people in and out squealing wheels, a bunch of young kids partying or doing whatever they are doing making noise. I also take care of my mother who is 73 years old and if there was some type of explosion I wouldn’t be able to get her out of the house fast enough because she is elderly. I’m just concerned if there was an explosion, the fumes, I don’t want to sit on my back deck and smell gas fumes while I’m having a cook-out with my family.

Moe Davenport – Understood.

Donald Merritt – One more. If you start at their site 500 Joppa Farm Road and you drive to Redners. That is the first gas station that you come up to at 1.5 mile marker. They have a 30,000 gallon fuel capacity. If you back up to what they are considering they are considering putting 60,000 gallons in, 20,000 gallons diesel, 30,000 gallons of 87 obviously to mix high test you need to have 10,000 gallons of premium. Then if you move to the 2.5 mark, this is going Joppa Farm Road to Route 40, you come upon Sheetz and the 7-11. Two more gas stations and mind you we have liquor store, Island Liquors, that used to be a Crown, it’s gone. If you go out the neighborhood and make a left there is a Gulf, gone, not enough business. I used to use the Gulf station he used to have good prices. If you come up to Mountain Road and Route 40 intersection at Clayton, just on the right you see there is an Exxon. It has been there for a long time. Now on the left, the next DAC meeting you are proposing a Royal Farms mega store on a 5.5 acre lot. Adequately, we have enough in the area to service this and that’s not a real need to put this in a community where everybody goes to bed.

Lee Crush – I just want to make a final statement. It’s not about the chicken. I know there was a CIM meeting back in January, I don’t know if anyone has read the notes from that meeting?

Moe Davenport – Yes, Mam.

Lee Crush – But, most of the community was opposed. Some people say they love the chicken and everything. I think a lot of people do and, it’s a great part of the Royal Farms legacy I would guess and the convenience of having a convenience store in a community is wonderful. It can be an asset. I don’t think anyone is against a new modern, nicer, 21st century look and convenience in the middle of the neighborhood if everything is done well. But, we want the area to look nice and to be presentable. We want that quality of life. Property values, think about what it is going to do to the homes right in that area. It’s not going to increase the value of these homes when these older folks who have been living there for 20, 30 or 40 years and go to try and sell their home. It’s going to impact them a lot and the whole HUD thing is going to make it harder for people to get mortgages and a lot of people in the 21085 zip code need those HUD mortgages. Again, the quality of life, I just want the committee to be aware and understand how the gas pumps are going to impact the whole thing. You know, we would love a nice convenience store Development Advisory Committee Minutes November 1, 2017 Page 19 of 32

and it will probably increase in business from what is there already but, the gas pumps I don’t think are a necessary part of it. People are opposed to that part. We took a long time to finally get the marina back in order over there. The marina sells gas for the boats. There are gas stations around. As far as the need, I don’t know, a new revised site plan like they did back in 65 without the gas pumps would be welcomed to our community. It really would. I’m just asking you to take that into consideration, not to make a decision yet until you maybe have the opportunity to get down to Joppatowne and drive or walk through it and see what it’s all about because this is going to impact our area immensely. We want it to improve the quality of our citizens there and I think you do too for all of Harford County but, this is a special little area. It’s not like we don’t want Royal Farms there we just don’t want the gas pumps.

Moe Davenport – Understood. Unfortunately, we can’t change the zoning. We are not the legislative branch. We are a regulatory branch, we all are here to ensure that they comply with all the State and County standards. We understand your concerns. Joppatowne is a wonderful place. It’s a nice place to live and it is quiet and for the reasons you expressed is why you live there. Royal Farms wants to invest in the community. The have a performer. In order for them to move forward I’m sure their corporate says we have to have gas pumps. I cannot prohibit them from putting in gas pumps. The site had gas pumps there 25 years ago. What I can do is make sure that the product that they do, the product that they put in here and re-develop to the standards and I’m going to ask them to go above those standards. They already have with the landscaping and, I’m going to ask them to go above those standards so we can get the best product we can down there so it’s attractive. Royal Farms seems to be cooperative with meeting with the community with their concerns about music, about lighting and the hours of operation. They can’t control ignorant people that play loud music while they are filling their car up but, their hours of operation don’t have people there at 2 am in the morning then they don’t have loud music sitting there filling their car up. Those types of things are outside of my control but fortunately it seems like they are willing to listen to the community and make certain arrangements. Is that true Jack?

Jack Winstead – Yes

Moe Davenport – You are the contact person for Royal Farms?

Jack Winstead – Yes

Moe Davenport – You have his information if you don’t have it make sure you get his information and he can facilitate meetings with members of the community. As for the environmental issues, we recognize that it is in the Critical Area. Critical Area regulations do not prohibit gas stations in it, the Chesapeake Bay Critical Area in the IDA in this particular area but, we are concerned about those materials in the sensitive area and we have forwarded the information to the Critical Area Commission and our stormwater management division is also cognizant as well as the Health Development Advisory Committee Minutes November 1, 2017 Page 20 of 32

Department as to how to control and meet those standards. Any other questions? Donald, you look like you have something to add.

Donald Merritt – How does the FHA loan concerns sway you?

Moe Davenport – I have no control over the FHA in how they operate and how that affects anyone from future or not I do not know.

Donald Merritt – Well it affects selling or buying in. I’d like to comment to Jack Winstead or make a statement. Basically, your model is to bring fuel to each store and I know you do have some stores that do not service fuel. You have heard a lot regarding the fuel from us. I’d like for you to take into consideration all of the concerns we have brought. If you need a copy of the FHA stuff and the critical area concerns and all that; everything to maybe possibly change your decision on the fuel. I know Royal Farms marketing, one of the things that they push is food, fast and green now. This isn’t green. This amount of fuel in front of someone’s house where they sleep is not a green thing. The fact is, it is going to end up rain water run-off in the bay. That is not green either. I know you guys push for dollars but make consideration down here. We are so close to the water it is pretty much in the center of a community where everybody goes to bed, they walk their dog, they go fish and they eat the fish. I fish in the river but, right now we can’t because they are doing the dredge. There is a lot to this community. You are a part of it. You have been there since 94. Make an exception. You are going to put one up the street, gigantic, we are not here to oppose that.

Crowd – Yes we are.

Donald Merritt – I mean just think about the community that you are servicing and take that back to the boss. I know you guys came from milk but it’s the simple things. We’d like to keep it simple down there.

Robert Boyd – Make sure you have someone manning the complaint department for Harford County and for Royal Farms because problems are coming.

Lee Crush – One final note, if everybody will take into mind the future. In about 10 years I would say about 50% of cars on the road are going to be electric. We are not going to need all of these gas stations. Just think about it. Change comes quickly. Just think about it. The investment money that Royal Farms could save by not doing gas pumps right there might be something to consider it they are talking profitability and stuff like that.

Moe Davenport – Thank you, Lee. Are there any other questions or comments on this plan? If not, we are going to move onto the next plan on our agenda which is Royal Farms.

Development Advisory Committee Minutes November 1, 2017 Page 21 of 32

ROYAL FARMS STORE #294 – 1105 SOUTH MOUNTAIN ROAD - PRELIMINARY Located at the south east corner of the intersection of Clayton Road & Mountain Road (Route 152). Tax Map 65; Parcels 198-200; 26 and 207. First Election District; Council District B. Planner Eric. Plan No. P483-2017 Consolidate parcels to create one lot/3.50 acres/B3. Received 10-04-17 1103 Clayton Rd LLC/1105 S Mountain Rd LLC/David & Michele Marll/Two Farms Inc./CNA.

ROYAL FARMS STORE #294 – 1105 SOUTH MOUNTAIN ROAD – SITE Located at the south east corner of the intersection of Clayton Road & Mountain Road (Route 152). Tax Map 65; Parcels 198-200; 26 and 207. First Election District; Council District B. Planner Eric. Plan No. S485-2017 Construct 5,371 sf Royal Farms Store w/canopy & gas pumps/3.50 Acres/B3. Received 10-04-17 1103 Clayton Rd LLC/1105 S Mountain Rd LLC/David & Michele Marll/Two Farms Inc./CNA.

Chris Mink with CNA presented the plan:

This Royal Farms Store 294 on the south east corner of 152 & Route 40. Currently the site is vacant land with some residential lots up here. The proposed development will consolidate all of the property into one lot with a new proposed store and gas pumps. There will be stormwater management facilities and landscaping around the site. There will be a proposed entrance off of MD 152 and two entrances off of county road, Clayton Road. There will be two gas pump locations and a store location. The site is served by water & sewer. There will be multiple stormwater management facilities on this site.

Robin Wales – Department of Emergency Services

No comment on the preliminary plan.

On the site plan for Royal Farms, if the facility maintains in inventory a hazardous material in amounts over 10,000 lbs. or the Threshold Planning Quantity of 500 lbs. of an extremely hazardous substance, they must submit reports as required by the Emergency Planning and Community Right to Know Act (EPCRA). Reports are due by March 1st and cover the inventory for the previous year. Federal requirements for retail service stations are 75,000 gallons of gasoline, 100,000 gallons of diesel fuel, and 10,000 lbs. of propane or LNG (Liquid Nitrate Gas). If the retail service stations exceed that amount then they must report to the State, LEPC and the Local Volunteer Fire Department. Reports for the Local Emergency Planning Committee should be sent Development Advisory Committee Minutes November 1, 2017 Page 22 of 32

to Harford County Local Emergency Planning Committee Attn: Forney Buchanan (SARA Title III Coordinator) 2220 Ady Road Forest Hill, MD 21050.

“Public safety wireless radio communications inside a building is essential to the safety of those occupying the structure as well as fire, law enforcement and emergency medical providers responding to a call for help. Buildings that are greater than 5,000 square feet, higher than 50 feet, contain underground storage or parking and are constructed of materials that impede wireless radio signals that may adversely affect the response of public safety providers. Please consider including wiring, electrical connections and other infrastructure that may be needed for an in-building 700-800 MHz amplifier. Department of Emergency Services will test coverage in your facility once construction is finished. Call 410-638-4900 for this assistance.”

The proposed building must display 8” –“10/10” – 12” address numbers and letters. The addresses must be clearly visible from Mountain Rd S. (MD 152).

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

Concept SWM plans have been submitted and reviewed.

Sediment Control plans should make adequate provisions for the onsite demolition.

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

Len Walinski – Health Department

The Harford County Health Department has extended its approval for the above-referenced preliminary plan. The site is located at the southeast corner of the intersection of Clayton Road and Mountain Road (MD Route 152).

Development Advisory Committee Minutes November 1, 2017 Page 23 of 32

This plan proposes to consolidate parcels 26, 198, 199, and 200 to create one lot. The site is improved with several structures that will be razed to allow a Royal Farms Store to be constructed. The site will be serviced by public water and sewer.

Additional comments will be provided upon review of the site plan.

The final plat must bear the standard owner’s statement and the master plan conformance statement.

If you have any questions, please call at your convenience.

The Harford County Health Department (HCHD) has extended its approval for the above- referenced site plan. The site is located at the southeast corner of the intersection of Clayton Road and Mountain Road (MD Route 152).

This plan proposes the construction of a 5,371 sq. ft. Royal Farms Store with fuel pumps. The site is serviced by public water and sewer.

This office has the following comments regarding this project:

4. Any buildings listed to be razed will require a demolition permit that is secured through the Department of Planning and Zoning. All aspects of the demolition work must be Development Advisory Committee Minutes November 1, 2017 Page 24 of 32

reviewed, approved, and completed to the satisfaction to the Health Department. This includes but is not limited to the abandonment of any wells and septic systems, the management of asbestos, hazardous materials, and solid wastes, and the removal of underground storage tanks. All documentation concerning the demolition work must be forwarded to this office. If there are any questions concerning the demolition work, the owner/developer may contact Mr. Joe DeLizia of the Health Department’s Air/Waste Division at 410-877-2335.

If you have any questions, feel free to call.

Daryl Ivins – Water & Sewer

Preliminary Plan

New Series Required: Yes X No □

If another series of this plan is submitted, then the Division of Water and Sewer would like an opportunity to comment on that series.

Water □ adequate □ inadequate – under review Sewer X adequate □ inadequate

A new series of this plan is required to address the following comments, concerns and/or requirements of the Department of Public Works, Division of Water and Sewer, on the above described project:

There are existing water and sewer services that must be abandoned as part of the utility work for this project. Parcels 199, 200 and 26 have both water and sewer services that must be abandoned. Parcel 198 has a water service that must be abandoned. These services must be shown on the next series of this plan.

Development Advisory Committee Minutes November 1, 2017 Page 25 of 32

The Division of Water and Sewer requests a 25’ wide public drainage and utility easement be placed along the eastern property boundary which is adjacent to the old Clayton Road roadbed. It should be shown on the next series of the plan.

There are Water User Benefit Assessments and Water Front Foot Assessments associated with Parcel 250, Parcel 141, and Parcel 311 Lot 2. These must be paid in full before the Division of Water and Sewer can recommend approval of the Preliminary or Site Plans for this project. Contact Ms. Tina Rawl of the Division of Water and Sewer, Administration and Permitting Section at 410-638-3300 x1489 for additional information.

A flow test must be performed to determine the water pressures and flows that are available for the design of this project. The developers engineer shall perform the test on the hydrant located across from the proposed entrance on Mountain Road. The test should be submitted to Mr. Ali Ghanavi at the Division of Water and Sewer. You may contact him for additional information concerning the test. This test must be performed and the results given to Mr. Ghanavi before the Division of Water and Sewer can recommend approval of this plan.

After the above comments have been addressed, the following comments shall be included as conditions of Preliminary Plan approval for the above described project:

Two public fire hydrants must be added to provide the required fire hydrant spacing for this site. The first should be located on Mountain Road across from the proposed entrance. The second should be located on Clayton Road near the northeast corner of the site. The design for these hydrants must be shown on the utility plan submitted with the Commercial Service Application.

A portion of the public sewer main which serves the existing parcels must be abandoned when the site utility work is performed. The 8” public sewer main shall be terminated at the edge of the road right of way with a clean-out. This work must be shown on the utility plan submitted with the Commercial Service Application. The easement(s) associated with the public sewer main must be released by a document prepared by the Developer. These documents shall be submitted for review concurrent with the record plat.

Site Plan

New Series Required: Yes □ No X – see comments

Development Advisory Committee Minutes November 1, 2017 Page 26 of 32

If another series of this plan is submitted, then the Division of Water and Sewer would like an opportunity to comment on that series.

Water □ adequate □ inadequate – under review Sewer X adequate □ inadequate

Chris Mink - Are those in reference to the existing lots?

Darryl Ivins – It is a yearly assessment for so many years. It may be 20 or 30 years. And, there are still outstanding balances. You would have to do the lump sum payoff amount to cover that in order provide lots. In order to remove those lots from tax records if you will. They are usually in the hundreds or low thousands of dollars. It is relatively a small amount, you will see.

Chris Mink – Ok

Darryl Ivins – But contact her and she will get the paperwork rolling for you. It may take several weeks after she receives the request.

A flow test must be performed to determine the water pressures and flows that are available for the design of this project. The developers engineer shall perform the test on the hydrant located across from the proposed entrance on Mountain Road. The test should be submitted to Mr. Ali Ghanavi at the Division of Water and Sewer. You may contact him for additional information concerning the test. This test must be performed and the results given to Mr. Ghanavi before the Division of Water and Sewer can recommend approval of this plan.

After the above comments have been addressed, the following comments shall be included as conditions of Site Plan approval for the above described project:

Development Advisory Committee Minutes November 1, 2017 Page 27 of 32

If a car wash could be added to this site in the future, it is recommended that the water meter be placed inside the building and configured for a reduced pressure backflow preventer. This type of backflow prevention would be required if a car wash were installed.

The first floor elevation of the proposed building will be above the service elevation for the County’s first zone water system. The Division of Water and Sewer suggests that a privately owned water booster system be installed to increase the pressure for the proposed uses.

The size of the public water service and the meter will be determined during review of the Commercial Service Application.

The Commercial Service Application Number 19954 must be added to the title block of the site plan submitted with the Application for approval.

The construction contract numbers for the existing utilities shall be shown on the drawing submitted with the Commercial Application.

A Commercial Service Application must be completed by the owner and approved by Harford County before a building permit will be issued for this project. Contact the Division of Water and Sewer Administration and Permitting Section at 410-638-3300 for additional information.

Mike Rist – DPW Engineering

The following comments are offered by the Division of Highways & Stormwater Management on the subdivision plan submitted:

Development Advisory Committee Minutes November 1, 2017 Page 28 of 32

NEW SERIES REQUIRED–NO

PROJECTS–Royal Farms Store No. 294-1105 South Mountain Road-Preliminary (P483-2017) & Site (S485-2017):

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 and must be approved prior to preliminary plan approval. 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 facility (facilities) is (are) the responsibility of the lot owner(s).

6. Commercial access permits are required for the site entrances onto Clayton Road.

7. The entrance widths shall be 35’ with 25’ minimum curb radii.

8. The engineer shall evaluate Clayton Road to ensure that it meets the paving section standard for a Business Section roadway. If not, the paving will need to be upgraded from the northerly entrance to Mountain Road.

9. Roadside drainage shall be addressed along Clayton Road by providing a 3’ graded shoulder and side ditch or other measures to be determined during final design. The existing driveway entrances and culverts shall be removed. A culvert will be required under the northerly entrance to convey flow in the side ditch. Curb and gutter shall be provided from the westerly entrance onto Clayton Road to the existing curb radius at Mountain Road.

10. On-site water shall not be allowed to enter the public right-of-way from the entrances onto Clayton Road. Stormdrain inlets or other measures shall be provided to intercept the flow from entering the roadway.

Development Advisory Committee Minutes November 1, 2017 Page 29 of 32

11. All pavement striping and traffic control signs shall conform to the Manual on Uniform Traffic Control Devices and State Highway Administration Supplement. Signs shall be placed at the exits on Clayton Road to restrict truck traffic from making right turns.

12. A traffic impact analysis was submitted for the following intersections:

 US 40 (Pulaski Hwy)@ MD152  US 40 (Pulaski Hwy)@ Woodbridge Center Way  US 40 (Pulaski Hwy)@ Joppa Road  MD 152 (Mountain Road)@ MD7  MD 152 (Mountain Road)@ Hanson Road  MD 7 (Philadelphia Road)@ Joppa Road  MD 7 (Philadelphia Road)@ Clayton Road  MD152 (Mountain Road)@ Clayton Road  Clayton Road@ Proposed Site Accesses

- Sheriff’s Office

The Sheriff’s office has no comment or suggestions.

Rich Zeller – State Highway Administration

Preliminary Plan

The MDOT SHA has no objection to Preliminary Plan approval as the existing right-of-way along MD 152 is adequate to meet the MDOT SHA future widening needs.

Site Plan

An access permit will be required for the proposed access on MD 152 to this site and the proposed modification to the Clayton Road connection to MD 152 depicted on the plan. The MDOT SHA is currently reviewing the traffic impact study (TIS) that was prepared for this development. When comments become available they will be forwarded to all interested parties. We will defer specific comments regarding entrance and road improvement requirements until our review of the TIS is completed.

Eric Vacek – Planner

The proposed site is zoned B3 General Business and this project consists of a single story commercial/retail Royal Farms store with fuel dispersal pumps. The gross track of the site is 3.50 +/- acres. Preliminary plan was submitted concurrent with the site plan. The preliminary plan Development Advisory Committee Minutes November 1, 2017 Page 30 of 32

proposed to consolidate existing parcels record/land described on a SHA plat. The Department of Planning & Zoning shall require that the newly created lot be noted and recorded. This property is located within the Chesapeake Science & Security Corridor and shall meet the requirements of the zoning code for this overlay district. This would include landscape buffers, minimum of 20% parcel area preserved in vegetative space. The calculations shall be clearly shown on the required landscaping plan. Prior Forest Stand Delineation was submitted for this site. Revised Forest Conservation plan detailing and delineating the off-site planting shall be required. Sidewalks shall be provided along property frontages. The plan proposes impervious surfaces to allow the number of parking spaces to exceed the maximum of 130%. Required parking for this project is 36 the project proposes 74 spaces. On parking in excess of 130% would require a waiver with justifications to the Department of Planning & Zoning. Landscaping plan was submitted to Harford County Department of Planning & Zoning and the department shall require a revised plan meeting the zoning code requirements for that section. A photometric plan was submitted to the Department of Planning & Zoning, lighting shall be designed to controlled so that any light shall be shaded, shielded or directed so that the light intensity or brightness does not adversely affect any adjacent residential properties. Any and all signage shall conform to the sign code and will require permits from the Department of Planning & Zoning. Traffic Impact Analysis was submitted to the Department of Planning & Zoning and I have a letter dated October 27th from Alex Rawls, our transportation planner which states a revised TIA will be required addressing the comments in that letter. All buildings to be raised will require that all applicable demolition permits be obtained through the Department of Planning & Zoning and the Harford County Health Department. Appropriate easement for ingress and egress shall be delineated on that final plat. There is a wall shown along Clayton Road on the north portion of the proposed site. If this is a retaining wall than it needs to be clearly identified and noted. We will require appropriate permits through the department as well as easements. That concludes my formal comments.

Public Comments –

Maureen Cornett – I live on Clayton Road. My first comment is traffic. When you are coming off of Route 40 and making a right hand turn onto Mountain Road in the morning and in the afternoon I pray to God every day that I don’t get hit there and if you are going to have an entrance for tractor trailers and other cars to come off of Mountain Road into a gas station are we to be on Clayton Road and coming out onto Mountain Road. Even right now for us we have to make a right hand turn then go down the road a little bit and make a U turn to go back to 40 because the traffic is so heavy and, you are going to allow tractor trailers to come onto that road? Like I said, our road is a rural road there are not many houses there. We don’t want all of this extra traffic. We don’t want all of the extra trash that is going to be there. With that, there are 8 gas stations within a 1 ½ mile radius and now again to you are talking another one in Joppatowne. You have a Royal Farms already on the other side of 95, you have WaWa right there right across the street you have an Exxon. Why do we need another gas station when we already have 8 of them. Also, we have school busses that come down our road and then go back out the Development Advisory Committee Minutes November 1, 2017 Page 31 of 32

road. The traffic and trash is what really scares me because I know there is going tons and tons of accidents. Mountain Road and Route 40 are one of the heaviest traveled roads and or intersections.

Moe Davenport – Understood

Maureen Cornett - And, then two with the environmental we have wetlands on Clayton Road and we don’t want the wetlands destroyed. We also have the railroad crossing. I’m afraid of people running the lights at the railroad crossing.

Moe Davenport – Thank you, Maureen.

Irene Kane – I live on Mountain Road and have my entire life. I used to be able to see the stars. We have so much light pollution now that I cannot see them very well anymore. The traffic on Clayton Road has increased dramatically. We have people who run through there using Clayton Road as a short cut. The speed is not controlled. They fly through there. We have a lot of elderly people on that road. The one lady had her mailbox moved to the east side of the road because she was so feeble and sometime she would fall down in the road. It was amazing she was not killed. She was hurt and finally they moved her mailbox. We have a lot of trash now and that trash is going to increase and the traffic is going to increase. We have a small stream that crosses Clayton Road, very little ridge, there is not supposed to be any more than ¾ ton vehicles going through there. They do anyway. I don’t know how that little stream and the bridge across that maintains the weight. I don’t know what the weight limit is on that. Getting out of Clayton Road almost any time of day but especially during rush hour; If I want to go to Joppatowne I want to make a left on 152 and then make a right on Route 40. So, I have to cross 4 lanes of traffic. Now, I’ve got to wait incredibly long for the people coming off of Route 40 and turning and also some people crossing four lanes of traffic. You put a tractor trailer truck there, trying to get out onto Route 40 west bound he may buy gas there one time but he will never be back because, he cannot get out of there. That’s a fact. You can’t get out. They are going to back of traffic incredibly on Clayton Road. The cut throughers, we have a lot of accidents on Route 7 and Clayton Road now and, if you increase the traffic there will be a lot more because, you have a hill coming from the west and they fly down that hill. Visibility is not great and bang you have another accident. With the increased traffic flow it will increase the accidents. More people are going to get killed. I don’t like the light pollution and I don’t like the trash that is going to happen. People are going to be walking the street at all hours and you have the noise pollution. There is going to be loud music. I don’t like going into the Royal Farms and Wawa now because I can’t hear myself think to buy my gas. I go someplace else where it’s quieter. I think the traffic condition is really the main problem here. The water management, the stormwater management flowing down through and you mentioned that no water is going too allowed to flow onto Clayton Road from this property? That’s going to be tricky because there is a ditch that goes through there and it goes all the way down the hill, under the railroad tracks and down to another stream where my little tiny bridge crosses Clayton Road and I think it’s just going to be a Development Advisory Committee Minutes November 1, 2017 Page 32 of 32

cluster. I mean the traffic is just hideous now. You have people entering and exiting off of Mountain Road and Clayton Road and it’s just going to be horrendous. Come on down at rush hour and we will try to go west bound on Route 40 from Clayton Road. It’s hideous. That is the main thing and the water management and the light issues. The railroad track, I don’t know what their conditions are and they just replaced the whole crossing. You have people who run that crossing all of the time anyway. They get there the light is on and they say oh the train is down there; zoom and they are gone. Those are my main concerns.

Moe Davenport - Mike, I would also put 95 left signs. Can we do that so people don’t take a right on Clayton? Is that reasonable?

Mike Rist – That might be something. I will mention that to Cheryl.

Irene Kane – Another comment when they put the Wawa at the corner of 152 and Route 7 they created a situation where you get 8 cars making a left supposedly onto Route 7, six or seven of those cars are going to make a U-Turn to get to the Wawa, which backs up so, a lot of the times I know I can’t make a left onto Route 7 if I’m coming from Fallston. I’ll go all the way down and make a left on Clayton Road because I’m going to have to sit through two red lights at least because of the U-Turners.

Moe Davenport – I’m confident Royal Farms is anticipating they will capture some of those U- turners. Is that correct?

Maureen Cornett- Yeah, but that intersection, like you said when you are making a turn off of Route 40 and a right onto Mountain Road those people come flying around and, if they see your signal on they whip back and forth and, I can just see a tractor trailer trying to get around because there is not much space between Route 40 and where the entrances are supposed to be into the gas station. I can see the cars whipping around and then someone on Clayton trying to come out. There is just not enough space for anything there not even on Clayton Road because once you are on Clayton Road you can’t get out.

Moe Davenport – Understood. Are there any other questions or comments on this plan? I’d like to thank everyone for their attendance today.

Meeting adjourned at 10:30 am.