Commission backs two‑plot family cemetery at Maryland Line Road

Planning staff (speaker 12) presented a special‑exception request to allow a two‑plot family cemetery on an 8.11‑acre parcel at 33969 Maryland Line Road in Massey. Staff said the proposed burial plots would be located within an established rosary garden, be set back 819 feet from the road and 62 feet from the nearest property line, and that the site plan shows compliance with the code requirement that burial plots be at least 10 feet from property lines. Staff noted the Kent County Health Department requires burial plots to be at least 100 feet from any well and that the applicant was "in discussions with the health department" about that requirement.

Henry R. Dyker Jr., the applicant, spoke for the record and said the request was to carry out his recently deceased wife's wishes to be buried in the rosary garden behind the house. An associate, Robert Nickerson, described the site's religious statues, prayer bench and plantings. Dyker said the burial would use a sealed composite vault designed for permanence.

Commissioners asked questions about the Health Department requirement and site compliance; staff said the applicant was in active discussion with the health department to confirm the 100‑foot well setback. A commissioner moved that the Planning Commission forward a favorable recommendation to the Board of Appeals for creation of the two‑plot family cemetery; the commission approved the motion by voice vote and directed that the findings of fact from the staff packet be referenced in the recommendation.

Staff noted that Maryland law requires deeds to be updated to reflect preservation of family cemeteries and that the applicant intends to adopt deed provisions to preserve access and protect the site in perpetuity. The commission's recommendation will be transmitted to the Board of Appeals for its formal decision.