The Kent County Planning Commission voted to send a favorable recommendation to the Board of Appeals for setback variances and a special exception allowing Lester C. Jones and Sons Inc. to use the former Bayer Ag Research facility at 32545 Galena Sassafras Road for milk and meat processing, retail sales, events, food preparation and agricultural education.

Commissioners and staff said the 34-acre parcel already contains about 19,000 square feet of enclosed space and that the proposed processing activities would be enclosed and regulated by state and county health authorities.

Staff told the commission the parcel’s narrow frontage means the existing buildings are all located less than the 600-foot setback required by the land-use ordinance; granting a variance is therefore needed for the proposed processing and sales uses. The commission recommended three specific variances to be considered by the Board of Appeals: a 433-foot reduction from the 600-foot front-yard requirement, a 465-foot reduction for the east side yard, and a 100-foot reduction for the west side yard. Bill Crowder moved the recommendations; the motion carried with recorded “aye” votes by commissioners on the record.

Why it matters: The recommendation clears a procedural hurdle for the applicant to pursue permits for food processing and on-site retail at an established agricultural research site. County staff said the application aligns with the Kent County Comprehensive Plan goal to support diversified farm-based industries and agritourism.

Background and key facts

Carla, a county planner who presented the staff report, told the commission the applicant recently purchased the former Bayer facility and seeks to convert existing buildings for value-added agricultural uses. The site is in an agricultural zoning district and the parcel contains about 19,000 square feet of enclosed floor area that would be divided for processing, retail, food preparation and education. Staff cited the applicable standards in the land-use ordinance (Article 7, Section 7.58 for structures handling animal products; Article 6, Section 5.2 for site-plan review; Article 9, Section 2.2 for variance findings).

Carla said activities related to milk and meat processing would be fully enclosed and that the applicant is working with the Kent County Health Department and the Maryland Department of Health on required permits. Per the narrative presented to the commission, wastewater from the milk processing plant would be collected and hauled back to the dairy farm for disposal; staff said live animals would not be kept on-site for the processing uses described.

Applicant comments and agritourism features

Ethan Jones, who identified himself as representing Lester C. Jones and Sons, told the commission the aim is to expand the family operation by producing and selling milk- and meat-based products and by offering agritourism activities. “It’s basically just, trying to get us to the point to where we can expand our operations,” Jones said.

Jones said a proposed smaller barn and outdoor seating area would allow visitors to view animals and participate in “pick-your-own” or agritourism activities; commissioners questioned whether that structure could be sited farther back on the parcel to reduce its visibility from the road. Jones said the proposed location allows seating near the animals and preserves the larger field behind the buildings for production agriculture.

Neighbor concern and private access

Alice Breggar, who said she owns the adjacent property at 32721 Galena Sassafras Road, asked the commission to confirm that she would retain use of an abandoned road segment (formerly Pick Pen College Road) to move farm equipment. Commissioners and staff indicated access questions between neighboring property owners are private property matters and not part of the zoning recommendation; the board did not take further action on that point.

Commission action and process

Bill Crowder moved to send favorable recommendations to the Board of Appeals for both the variances and the special exception; the motion passed with recorded affirmative votes. The commission’s recommendation is advisory; the Board of Appeals will hold the formal hearings and issue any final variance orders or conditions.

The staff recommendation to the Board of Appeals noted no known impacts to community facilities, cultural or historic landmarks, or to nearby schools and churches (staff said the nearest schools and churches are more than a mile from the site). Staff also concluded the proposal is consistent with the comprehensive plan strategies that support farm-based industries and agritourism.

Next steps

With the Planning Commission recommendation, the application moves to the Board of Appeals for formal variance and special-exception hearings. County staff and the applicant told the commission they will continue coordinating with the Kent County Health Department and the Maryland Department of Health on food-handling and wastewater permitting requirements.