BEFORE THE BOARD OF APPEALS OF QUEEN ANNE'S COUNTY  In the matter of Application by Jackson Farms, LLC  Case No. BOA-24-07-0186  for Conditional Use  FINALI DECISION OF THE BOARD  Introduction  The Queen Anne's County Board of Appeals (the "Board") held a meeting on August 21, 2024 at 5:15 p.m. to consider Case No. BOA-24-07-0186 for conditional use approval to conduct as select timber harvest operation on approximately 110 t acres ofland, located 825 Stulltown Rd., in the 1st Election District (the "Property") filed by Jackson Farms, LLC (hereinafter the "Applicant"). The Board: members present were Chairman, Howard Dean, Board Member Michael  A. Lesniowski and Alternate Board Member, Scott MacGlashan.  At the beginning of the hearing, the Board established that all requirements were met governing the filing oft the conditional use application, and proper notice of the August 215t public hearing. Board Chairman, Howard Dean, administered the oath to all who wished to testify on the  application, including the Applicant.  Applicant's Request  The Applicant is seeking conditional-use approval under the provisions ofs 18:1-12 ofthe CodeofPublic' Local Lawso ofQueen Anne'sC County (the "Code"), to conduct a commercial timber harvest operation in deed-restricted open space on approximately 110:  acres ofland. Commercial forestry is permitted as a conditional use in any zoning district within deed-restricted open space that resulted from single-family cluster development pursuant to $ 18:1-12 of the Code.    Sheubrooks Tax Map 52 Parcel 29 p.2  Conditional Use - Commercial Forestry Operation  Applicable Provisions of the Code  The standards the Board must apply to the Applicant's request for conditional use are set forth in $ 18:1-94 of the Code. To approve the conditional use, the Board must find as follows:  1.  The proposed use at the proposed location shall be consistent with  the general purpose, goals, objectives, and standards of the Comprehensive Plan, this Chapter 18:1, or any other plan, program, map, or ordinance adopted, or under  consideration pursuant to official notice, by the County.  2.  The proposed use at the proposed location will not result in a  substantial or undue adverse impacts on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety, and general  welfare.  3. The proposed use at the proposed location will be adequately served by, and will not impose an undue burden on, any of the required improvements referred to in this Chapter 18:1, Part7. Where any such improvements, facilities, utilities, or services are not available or adequate to service the proposed use at the proposed location, the applicant shall, as part ofthe application and as a condition ofapproval oft the conditional use, be responsible for establishing ability, willingness, and binding commitment to provide such improvements, facilities, utilities, and services in sufficient time and in a manner consistent with the Comprehensive Plan, this Chapter 18:1, and other plans,  programs, maps, and ordinances adopted by the County.  In addition, $ 18:1-123. B. requires the Board to make the following findings to approve a  conditional use:  1. The conditions concerning that conditional use as detailed in this  Chapter 18:1 exist; 2.  The conditional use conforms to the Comprehensive Plan; and 3. The conditional use is compatible with the existing neighborhood.  Last, pursuant to Maryland Annotated Code, Land Use Article $1-303, the Board must include in its evaluation of the Comprehensive Plan, pursuant to the above-cited section, certain consistency findings. The Board's approval ofa conditional use must further, and not be contrary  to, the following items in the Queen Anne's County Comprehensive Plan:    Sheubrooks Tax Map 521 Parçel 29 p.3  Conditional Use - Commercial Forestry Operation  1. 2. 3. 4. 5. 6. 7.  Policies;  Timing of the implementation oft the plan;  Timing of development; Timing oft rezoning; Development patterns; Land uses; and Densities or intensities.  L.Property Description and Department of] Planning & Zoning Recommendations Doug Summers, Associate Planner with the Department of Planning & Zoning, presented his staff report. He identified the Property as Queen Anne's County Tax Map 7 Parcel 9, on the northwest side of Stulltown Road, approximately 2%1 miles NE oft the town of Sudlersville, within the Agricultural (AG)zoning district. He said the Applicant is requesting conditional use approval for a selective cut commercial forestry operation in the AG zoning district on approximately 110 t acres of deed-restricted open space area, on a 250 t acre parcel. He noted that the parcel has wetlands, and a Non-Tidal BMP agreement has been submitted. He also indicated that there isa USGS identified intermittent stream ont the northeast corner oft the parcel and a stream management zone has been established which is 75' offoft the stream center line, for protection ofthat resource. He stated that the parcel is mapped as having habitat for forest interior-dwelling birds (FID's), and the Applicant is aware and FID's guidelines will be filed as part of the harvest plan.  Mr. Summers indicated that the Applicant submitted a timber harvest plan which consists of110 Ac. Stand A, which encompasses most of the woods on this site. He said that the Property currently has a harvest basal area of approximately 110 square feet per acre and the proposed post- harvest basal area is 60 square feet per acre which is al healthy density. Per the harvest plan, upon completion of the select cut, natural regrowth of mixed oak and sweetgum is expected on the  Property within two (2) years. Site access will occur via Stulltown Rd.    Sheubrooks Tax Map 521 Parcel 29 p.4  Conditional Use - Commercial Forestry Operation  He concluded by stating that no agencies who have reviewed this conditional use request have offered any objection to the project as proposed, and the project is consistent with the 2022 Queen Anne'sCounty Comprehensive Plan as a resource based industry and adherence to resource protection standards. Mr. Summers said that staff supports the Board of Appeals in granting conditional use to the Applicant to carry out a selective cut commercial forestry operation on their AG zoned Property within deed restricted open space, with the 6 conditions as noted in his staff  report.  I.Applicant's Presentation  Willard Jackson, Jr., testified on behalf of the Applicant. He stated that the select-timber harvest would begin as soon as possible. In answer to a question from Chairman Dean, Mr. Jackson indicated that there are some wetlands on the property. Further, in answer to a question by Member Lesniowski, he indicated that he had reviewed the 6 conditions to approval listed in  the staff report, and he does not have a problem with any of them.  III. Testimony from the Public  After the Applicant presented his case, Chairman Dean asked ifany members oft the public  wished to testify either for ori in opposition, to which there was no response.  IV.Findings and Conclusions oft the Board  Based on the evidence presented, and duly considering the applicable factors from the 1. For those reasons as specifically identified in the staff report entered into evidence and the testimony presented, thel Board finds the application is consistent with the general purpose, goals, objectives, and standards of the Comprehensive Plan, this Chapter 18:1, and any other plan, program, map adopted or under consideration by the County. 2. For those reasons testified to on the record, the proposed use at the proposed location will not result in a substantial or undue adverse impact on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights- of-way, or other matters affecting public health, safety or general welfare. The Board  Queen Anne's County Code, the Board finds and concludes as follows:  noted that no one testified in opposition to the plan.    Sheubrooks Tax Map 52 Parcel 29 p.5  Conditional Use - Commercial Forestry Operation  3. The proposed use at the location will be, adequately served by, and will not impose an undue burden on, any ofthe required improvements referred toi in Chapter 18:1. 4. The Applicant has met the requirements of $ 18:1-123. B as testified to on the record and  asi included int the staff report entered in evidence.  V.Decision  Based on the foregoing findings and conclusions. by a vote of three in favor and none 1. Conditional use approval to conduct a selective timber harvest operation in deed- restricted open space on 110 * acres of a 250 t acre parcel located at 825 Stulltown  opposed, the Board grants to the Applicant:  Rd. near Sudlersville, MD, subject to the following conditions:  a) The applicant adheres to the Timber Harvest Plan, specifically focusing on meeting and/or exceeding the Stand A post-harvest basal area of 60 sq. b) The applicant adheres to the approved erosion and sediment control plan. C) The applicant adheres to the Non-Tidal Wetlands Best Management  f./ac.,  Practices Agreement for Forest Harvest Operations. d) Hours of operation for harvest activity are 7a.m. to 5 p.m.  e) The applicant adheres to the Forest Interior Dwelling Bird Habitat (FIDs) The applicant marks the trees to be harvested below the cut line for future  restrictions within the timber harvest plan.  referençe.    Sheubrooks Tax Map 52 Parcel 29 p.6  Conditional Use Commercial Forestry Operation  ORDER  For the reasons set forth in the foregoing Opinion, itis this 9th day of December, 2024, ordered that the conditional use approval requested for. Jackson Farms, LLC, in Case No. BOA-24-07-0186, be granted, subject to the conditions set forth in the Opinion.  dagnlla Howard A. Dean, Chairman  / -  Aichael A. Lesniowski, Member  LS  Scott MacGlashan, Alternate Member    Sheubrooks Tax Map 52 Parcel 29 p.7  Conditional Use Commercial Forestry Operation  State ofl Maryland, County of Queen Anne's:  IHEREBY CERTIFY that the foregoing is a true and correct copy oft the Opinion and Order of the Board of Appeals of Queen Anne's County in Case No. BOA-24-07-0186, for Jackson Farms, LLC, which Opinion and Order resulted from a public hearing conducted by the Board of Appeals on August 21, 2024 and that the minutes and a recording of the August 21,  2024 meeting are filed in the office of Board of Appeals.  Certified this 9th day ofDecember, 2024 by:  Couly fnasul Cathy Maxwell Clerk to the Board of Appeals    BEFORETHE BOARDOFAPPEAISOF: OUEEN ANNE'S COUNTY  In the matter of Application by Red Lion Solar, LLC for Conditional Use  Case No. BOA-23-09-0164  FINALDECISION OF THE BOARD  I.  Introduction  The Queen. Anne's County Board ofA Appeals (the "Board") held a meeting on August 21, 2024 at 5:30j p.m. to consider Case No. BOA-23-09-0164 filed by Red Lion Solar, LLC, Lessee ofl lands owned by Steven and Veronica Baillie, for conditional use approval to construct a 21 MW (AC) solar array facility on a 10.06-acre lease area within a 121.11-acre parcel in the Agricultural (AG) Zoning District. The subject property is located at 916 Red Lion Branch Road, Millington, Maryland in the 7th Election District of Queen. Anne's County (the Property").  The Board members present were Chairman, Howard Dean, Board Member, Michael Lesniowski, and Alternate Board Member, Scott MacGlashan. Attorney for the Board, Crystal Richard, Clerk to the Board, Cathy Maxwell, and Senior Planner, Steve Johnson. Development Review Principal Planner, Rob Gunter, was also present. Present on behalfoft the Applicant were Kurt Karsten, Esq., Steve Kerr, Red Lion Solar, LLC; and Vladimir Monpremier, ARM Group. At the beginning of the hearing, the Board established that all requirements were met governing the filing of the conditional use application, and proper notice ofthe August 21st public hearing. Board Chairman Dean administered the oath to all who wished to testify on the  application, including the. Applicant. II. Applicant's Request  The Applicant is seeking conditional-use approval under the provisions of $18:1-14.C(25), $18:1-38.1, and $18:1-95.S to permit the use ofa 2MW (AC) utility scale solar array on a 10.06- acre lease area within 121.11-acre parcel ini the Agricultural Zoning District and the Utility Scale  Solar Array (USSA) District.  III. Applicable Provisions of the Code isac conditional use in the Agricultural Zoning District.  Queen Anne's County Code Section $18:1-14.C(25): provides that utility scale solar array  1    The standards the Board must apply to the Appliçant's request for a conditional use are set forth in $18:1-94 of the Code. To approve the conditional use, the Board must find as follows: 1. Thej proposed use at the proposed location shall be consistent with the general purpose, goals, objectives, and standards ofthe Comprehensive Plan, this Chapter 18:1, or any other plan, program, map, or ordinance adopted, or under consideration The proposed use at the proposed location will not result in a substantial or undue adverse impacts on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety, and general welfare. The proposed use at the proposed location will be adequately served by, and will not impose an undue burden on, any of the required improvements referred to in this Chapter 18:1, Part 7. Where any suchi improvements, facilities, utilities, or services are not available or adequate to service the proposed use at the proposed location, the applicant shall, as part of the application and as a condition of approval of the conditional use, be responsible for establishing ability, willingness, and binding commitment to provide such improvements, facilities, utilities, and services in sufficient time and in a manner consistent with the Comprehensive Plan, this Chapter 18:1, and other plans, programs, maps, and ordinances adopted by the County. Section $18:1-95.S identifies specific standards for a solar array conditional use. Ina addition, $18:1-123.B requires the Board to make the following findings to approve a The conditions concerning that conditional use as detailed in this Chapter 18:1 exist;  pursuant to official notice, by the County.  2.  3.  conditional use: 1. 2. 3.  The conditional use conforms to the Comprehensive Plan; and The conditional use is compatible with the existing neighborhood.  Last, pursuant to Maryland Annotated Code, Land Use Article $1-303, the Board must include in its evaluation of the Comprehensive Plan, pursuant to the above-cited section, certain consistency findings. The Board's approval ofac conditional use must further, and not be contrary  to, the following items int the Queen Anne's County Comprehensive Plan:  1. Policies;  2. Timing of the implementation of the plan; 3. Timing of development; 4. Timing ofr rezoning; 5. Development patterns; 6. Land uses; and 7. Densities or intensities.  2    IV. - Property Description and Department ofl Planning & Zoning Recommendations Steve. Johnson, Senior Planner with the Department ofl Planning & Zoning, presented his Staff Report on the application. Mr. Johnson said the Applicant is proposing to construct: a 2N MW (AC) utility scale solar array on a 10.06-acre lease area within a 121.11-acre parcel (the  "Project").  Mr. Johnson indicated that the Project received concept plan approval and a favorable Mr. Johnson explained that in 2017 Queen Anne's County created the utility scale solar array overlay map, which consists ofa 2-mile area on either side of the existing transmission lines running through the County. Mr. Johnson further explained that all solar arrays that sell to off-site customers are considered utility scale, including community solar projects. All utility scale solar projects must fall within the Utility Scale Solar Array Overlay District. Mr. Johnson  recommendation from the Planning Commission in May 2024.  confirmed that the Project falls within this District.  Mr. Johnson stated the Property is located ini the Northern portion ofthe County, just southwest ofl Millington, at Tax Map 6 Parcel 20, located at 916 Red Lion Branch Rd. and totals 121.11 acres. Mr. Johnson presented the concept plan for the Project. The Property is currently in agricultural production and the total leased area for the Project is 10.06 acres, with the fenced solar array area being 9.96 acres. He stated the Property is currently zoned Agricultural and the proposed use is a conditional use in the Agricultural zoning district. Mr. Johnson stated there are no natural resources within the project lease area and that the site is not located within a sensitive species project review area. He indicated the Applicant provided correspondence from the Department of Natural Resources indicating there are no rare, threatened, or endangered species within the lease area. He stated there is FIDS habitat ini the wooded areas on the parcel, but the Applicant is not proposing any disturbance to the woodlands. He testified that the Applicant will  be placing 2.01 acres of existing on-site woodlands into long term protection.  Mr. Johnson explained that the concept plan shows that access to the Property is taken via Red Lion Branch Rd. via a new entrance. He stated this is 2MW project which consists of4,992 modules and 33 invertors and all electric is proposed below ground to the point of interconnection. He indicated the Applicant is proposing that all parking and deliveries during construction will be within the .50 acre temporary staging area at the front ofthe Property and the proposed impervious coverage is. .81 acres, which is far less than the maximum permitted of  4.02 acres.  The Department of Public Works reviewed and approved the storm water management associated with the Project. The stormwater management consists of disconnection, sheet flow, and vegetation provided throughout the site. Mr. Johnson stated the Applicant is going to utilize sheep to maintain the vegetation within the fenced area. There is no permanent water and sewer required for this Project; however, any on-site work exceeding two hours requires portable toilet  3    and handwashing facilities. Acondition was included at the end of the Staff Report regarding this requirement from the Department of Environmental Health. Noise associated with the use will be less than sixty decibels at the property line as required, there is no lighting proposed, and topsoil  will not be removed from the site.  Mr. Johnson stated that the required 50-foot landscape buffer has been provided along Red Lion Branch Rd., between two existing woodland areas. The owner-operator will enter into acontract with al landscape contractor to provide regular irrigation via water truck. Adetailed irrigation schedule was included with the landscape plan. The Staff Report includes a condition that the Applicant will provide paid invoices for watering to the County once a month for the  first year.  Hei indicated that none of the equipment exceeds the maximum height permitted of45 feet. The solar panels have a maximum height of 12'6" feet: All other equipment on the site will be less than 7'7". The proposed black vinyl coated fence will be 8 feet tall and will include all required signage. He stated the. Applicant provided a site access plan in the packet, which provided that trucks will travel US 301 to Dudley Corners Road to Red Lion Branch Rd., or  Route 301 to McGinnes Rd. to Red Lion Branch Rd.  Mr. Johnson concluded by stating that no agencies that reviewed the concept plan object to its approval, and Planning and Zoning staff does not object to the Board of Appeals granting  conditional use approval subject to the conditions listed ini the Staff Report.  Member MacGlashan asked Mr. Johnson what would happen ift the trees proposed at the Project were to die. Mr. Johnson explained that the Applicant is required to maintain them through the life of the Project, sO they would have to replace them. He indicated that there is a  bond required for that.  V. Applicant's Presentation  Vladimir Monpremier, Professional Engineer, testified on behalf oft the. Applicant. He stated the Project is expected to use sheet flow disconnection. The site is very flat and they will provide vegetation throughout the site. No permanent water or sewer is required. No topsoil will  be removed from the site.  Kurt Karsten presented the application on behalfoft the Applicant. In response toa question from Chairman Dean, Mr. Karsten testified that the trees being planted would be watered by truck, and the watering plan is to enter into a contract with a local landscape maintenance firm for watering by truck every 2 weeks for the first 2 months and thereafter as needed, but at least visits once ai month. He testified that the trees would range in height. Chairman Dean asked ift the Applicant considered drip irrigation in lieu oftruck watering. The Board discussed adding a condition to the approval to require drip irrigation over concerns relative to keeping the trees alive. The Applicant indicated that there was no water  4    source on site, sO a well would be required. Mr. Karsten proposed that the Board make ita condition to work with Planning Commission to consider an alternate option to the current watering plan based upon the site conditions and the ability to drill a well on site. Mr. Karsten stated that the Applicant is committed to making sure that the trees live, and although drip irrigation is ideal, the Applicant has not investigated it as an option prior to the hearing. Steve Kerr testified that there is an existing tree line that the trees were being planted next to, SO they will not be ini the direct sun all day. Chairman Dean asked about soil type, and Mr. Johnson indicated that it was Ingleside Sandy Loam. The Applicant agreed that the soil would  likely have a problem holding water.  Rob Gunter, with the Department of Planning and Zoning, testified regarding other projects in the County and the difficulty with keeping trees alive irrespective of drip irrigation. He stated that the Bond on solar projects goes away partially in two years and in totality in five years. He stated the Bond is intended to make sure the initial planting is done.  Inr response to a question from Member Lesniowski, Mr. Johnson testified the Bufferis approximately 1300 linear feet. Member Lesniowski asked ifai tank on site would also be a way toa address the issue ifa well could not be drilled for some reason. The. Applicant indicated that  they could use ai tank on site for water.  The Board and the Applicant engaged in a general discussion about various options for After the Applicant presented his case, Chairman Dean asked ifany members of the  the irrigation plan and the condition addressing the irrigation plan. public wished to testify. No members oft the public testified. VI. Findings and Conclusions of the Board  The Board finds the testimony, application and exhibits provided by the Applicant, as well as the written report and testimony provided by Mr. Johnson, credible and persuasive. The Board concludes that the evidence justifies approval of the conditional use request with conditions identified. Based on the evidence presented, and duly considering the applicable factors from the Queen Anne's County Code, the Board specifically finds and concludes as  follows:  1. Adding a Condition to the Approval to require the Applicant to use drip irrigation as part oft their landscape plan will prevent or minimize adverse effects from the Project on other  properties in the neighborhood pursuant to $18:1-93.B.(9) 2. The application meets the submittal requirements pursuant to $18.1-95.S. 3. The application meets the required conditions of $18.1-38.1.B.  4. The proposed use at the proposed location is consistent with the general purpose, goals, objectives, and standards oft the Comprehensive Plan, Chapter 18:1, or any other plan,  5    program, map, or ordinance adopted, or under consideration pursuant to official notice, 5. The proposed use, as conditioned, will not result in a substantial or undue adverse impact on adjacent property, the character oft the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public 6. The proposed use at the proposed location will be adequately served by, and will not impose an undue burden on, any of the required improvements referred to in Chapter  by the County.  health, safety, and general welfare.  18:1, Part 7. VII. Decision  7. The application meets the requirements of $18:1-123(B).  Based on the foregoing findings and conclusions, by a vote of three in favor and none opposed, the Board grants to the. Applicant: conditional-use approval under the provisions of $18:1-14.C(25), $18:1-38.1, and $18:1-95.S of the Code to permit the use ofa 2! MW( (AC) utility scale solar array on a 10.06-acre lease area within a 121.11-acre parcel ini the Agricultural  Zoning District subject to the following conditions:  1. 2. 3. 4. 5. 6. 7. 8.  Ifby the time of construction, the panels proposed have changed from that provided Applicant must notify Planning and Zoning when ownership of the solar array changes and the signage containing emergency contact information must be kept Prior to final site plan signature, provide the finalized forest conservation plan and executed long-term protection documents for recordation. Prior to final site plan signature, provide an automatically renewable decommissioning bond that is enforceable by the County.  on the plans, updated information must be submitted.  current.  Prior to final site plan signature, provide an automatically renewable landscape surety Provide documentation that connection to the public utility is approved. Provide ai finalized decommissioning plan that addresses all oft the requirements Per the Department of Environmental Health, until the Project is decommissioned, any owner, operator, or subcontractor performing work on the solar array site that lasts for a duration exceeding two (2) consecutive hours shall provide portable hand sanitizing and toilet facilities. These facilities shall be provided on-site for the duration of the work being performed and shall be utilized by all workers and/or site visitors during that time. The facilities shall be regularly serviced (monthly minimum) and all waste shall be disposed of properly off-site in accordance with applicable laws  and maintenance agreement. provided in 18:1-95.S.(S)(e).  and regulations.  6    9.  Asacondition of permit approval, the Applicant will use drip irrigation to water the landscape buffer plantings and comply with the approved landscape plan. 10. Any outstanding comments stemming from agency reviews are addressed prior to  Major Site Plan submittal.  7    ORDER  For the reasons set forth in the foregoing Opinion, itist this_ 17th day ofOctober, 2024, ordered that the conditional use approval requested for Red Lion Solar, LLC, Lessee of lands owned by Steven J. Baillie and Veronica S. Baillie, in Case No. BOA-23-09-0164,  be granted, subject to the conditions set forth in the Opinion.  dohhla Howard A. Dean, Chairman  Michael A. Lesniowski, Member  AL202 Scott MacGlashan, Alternate Member  8    State ofMaryland, County of Queen Anne's:  IHEREBY CERTIFY that the foregoing is at true and correct copy of the Opinion and Order of the Board of Appeals of Queen Anne's County in Case No. BOA-23-09-0164, for Red Lion Solar, LLC, Lessee ofl lands owned by Steven J. Baillie and Veronica S. Baillie, which Opinion and Order resulted from aj public hearing conducted by the Board of Appeals on August 21,2024 and that the minutes and a recording oft the August 21, 2024 meeting are filed in the  office of Board of Appeals.  Certified this 17th day ofOctober, 2024 by:  Pcbuy hadue! Cathy Maxwell Clerk to the Board of Appeals  9