And, yet, another letter - Chaney Rezoning
I am opposed to the Chaney Enterprises proposal to rezone property in Hughesville to Heavy Industrial.
Chaney has stated that water for its gravel washing operation will be obtained from “storm water management ponds” however, during times of drought how will water be obtained?
It's obvious that groundwater from wells will have to be used during periods of drought, not only for purposes of gravel washing but also to control the dust generated by hundreds of truck trips per day.
This could have a severe adverse impact to nearby private wells in the Hughesville area, as the entire area is dependent on private wells.
Therefore, if residents experience declines or possibly lack of water supply after Chaney begins its gravel washing operation, Chaney Enterprises should be held liable.
Maryland State Law requires that for all groundwater withdrawals of more than 10,000 gallons per day, a Water Appropriation and Use Permit must be obtained.
The Maryland Department of the Environment (which issues this permit) has stated: “if impacts do occur due to a permitted withdrawal, the Department requires the permittee (Chaney in this case), to provide an alternative source of water to the affected user”.
This “alternative source” could mean that Chaney may be required by the State of Maryland to drill deeper wells and provide potable water via tanker truck during the interim to those residents adversely impacted by Chaney's gravel washing and dust control operation.
Thus, prior to any rezoning approval, it must be determined how Chaney intends to obtain water without storm water management ponds and how many gallons of groundwater on a daily basis would be withdrawn for both the gravel washing and dust control operations combined.
It must also be determined how residents would be compensated in the event of water declines and/or subsequent well failures due to insufficient water supplies.
It is the responsibility of the Charles County Government to ensure that ALL residents have a safe and adequate supply of potable water. To disregard this most important aspect prior to any rezoning approval would be unconscionable and irresponsible.
In addition, rezoning a rural/agricultural area to Heavy Industrial will set a precedent for future rezoning requests.
How would the Commissioners be able to deny similar requests in the future for other areas in the county after approval of this particular request?
In the interest of fair and equitable treatment -what applies for one should apply for all.
Cheryl E. Thomas
5880 Wedding Court
Welcome, MD 20693
My speech to deliver to the County Commissioners for 25 June 2008.
Commissioners, we the citizens look to you to make wise unbiased decisions based on facts.
Chaney Enterprises “Application for Local Map Amendment – Base Zone Report, October, 2007” and “Planning Commission Work Session May 15, 2008 (PCWS)”:
Mr. Wagner opened the Work Session: “Mr. Frank Chaney provided a comment letter stating the change in zoning (all 150 acres) is necessary in order to generate income that would allow for infrastructure needs.” - PCWS pg.3
I feel any county approved rezoning for the purpose of helping Chaney make a profit over other county competitors is unethical.
1. Chaney Enterprises attempted to claim that there has been a change in character of the neighborhood based on the decline of tobacco farming.
The Hughesville Village Tobacco Warehouse Barns sold tobacco during annual harvest, maybe 3 times a year. The barns have always been used for selling of goods. The Hughesville Barns are still active in selling products, year round.
Mr. Creelman, Vice Chairman of the County Planning Commission stated, I don’t see any of the changes taking place in Hughesville that lead me to believe that any parcel in that general area should be zoned heavy industrial. - PCWS pg.15
No change in character.
2. Chaney’s Application attempted to claim that there has been a change in character of the neighborhood based on the increase of traffic.
Mr. Detig, Chairman of the County Planning Commission stated, I would offer that in the short time I have lived here, since 1981, there has been a tremendous increase in traffic everywhere and I am not so sure that I’ve seen change in neighborhoods based on that. - PCWS pg.16
Traffic increase percentage rate has not changed in Hughesville (-PCWS pg.11). This should not be the reasoning to justify High Industrial on the Jenkins Property. If traffic increases were considered a change in the character of the neighborhood, then all of Charles County could be rezoned based on this change.
There is no mistake in character of the neighborhood due to traffic increases.
3. Chaney’s Application attempted to claim that there has been a mistake in the original zoning.
Mr. Creelman stated, Chaney states that he doesn’t believe the 1992 rezoning provided for business expansion in Hughesville. However, in the Hughesville area there’s already residential, commercial, retail and even light industrial already zoned in Hughesville and there is plenty of vacant land for further commercial expansion and there is even revitalization in existing buildings so I don’t believe that Chaney has a case. - PCWS pg.11
…the case for mistake was not very well presented and there was no mistake in the zoning... - PCWS pg.16
Commissioners there is no justification that warrants the approval of any High Industrial rezoning to the 150 acres to accommodate an 8 acre site.
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