The Kent County Planning Commission on July 10 granted preliminary site-plan approval for a 60-by-100-foot airplane hangar at Massey Aero, finding the proposal meets applicable site and zoning standards, but commissioners and the county attorney warned against granting a final approval at the same meeting because the code requires advance public notice for preliminary-or-final actions.

The decision matters because the applicant, Massey Aero LLC, said an earlier final approval would allow its contractor to lock material prices and reduce the risk of winter construction delays. Planning staff and the county attorney said state and county advertising rules limit the commission's ability to finalize the plan without following the prescribed notice procedures.

Carla Gerber, a planning staff member who presented the application, told the commission the project is proposed for a 93-acre airport property at 33541 Maryland Line Road in the First Election District and that, under the land-use code, the plan meets bulk, setback, landscaping, stormwater and forest conservation thresholds. "The application meets all setback and height requirements," Gerber said, and staff concluded that "the site plan objectives have been met." She also said no new employees, no new exterior lighting, and no additional parking are proposed and that the property is served by private well and on-site septic.

Nicholas Morales, representing Massey Aero LLC, described the project as a straightforward addition of a common hangar near existing buildings and said he had surveyed five surrounding neighbors, receiving supportive responses from four. "The sooner we have a decision, the sooner our contractor can give us final cost to order materials, and we will know where this project is actually gonna come out," Morales said, arguing a prompt final decision would reduce cost and scheduling risk.

County legal counsel cautioned that advertising and appeal rights constrain the commission's ability to convert a concept review into an appealable final decision at the same meeting. "If you were to do something that wasn't properly advertised and put before the public here, that would be problematic if somebody's aggrieved by your decision," counsel said, explaining that an improperly-noticed final approval could be overturned on procedural grounds and remanded, delaying the project further.

Commission members discussed options. One commissioner urged consistency in applying notice rules so future applicants could not claim unequal treatment. Another suggested staff could schedule a combined preliminary-and-final item at the next meeting if the required notices were run in advance.

After discussion, a commissioner moved the standard findings for preliminary approval, reciting conformance with the comprehensive plan and applicable county regulations and noting that the proposed building "is in conformance with the comprehensive plan" and poses no significant new demands on infrastructure. The motion carried; commissioners recorded an affirmative vote with one member opposed. The commission approved preliminary site-plan review for Massey Aero LLC to construct a 60-by-100-foot airplane hangar adjacent to existing hangars at 33541 Maryland Line Road.

The commission and staff agreed to explore whether a special August meeting could be scheduled or whether the applicant should be listed as preliminary-and-final with proper advertising for the September meeting. Staff noted stormwater and sediment/erosion controls will be reviewed with the building permit, and that forest conservation was not required because the hangar would be sited over an existing lot coverage.

The applicant said he would provide the neighbor-survey forms for the record and expressed appreciation for the commission's constructive approach.

The commission's preliminary approval does not become final until any required appeal period expires; staff advised that a properly advertised preliminary-and-final listing at a future meeting would be a cleaner procedural path for any expedited approval.