California, MD — For such a small subdivision it sure generated big controversy. In the end the seven-lot Cypress Park subdivision in Wildewood on Huckleberry Way was turned down by the St. Mary’s County Planning Commission at its Nov. 9 meeting. The project was outside the Wildewood Planned Unit Development.
The project generated considerable opposition at an Aug. 10 public hearing from residents of neighboring Dahlia Park, with concerns about stormwater management, continuance of a berm that separates the two subdivisions, a platted road through the two communities and a future homeowners association.
The concerns of the Dahlia Park residents rang true with some of the commission members. A postponement was sought to allow the developer and the neighbors to meet and work things out. Two meetings were held in August according to the developer’s attorney Joseph Densford. The lawyer, in a letter to the commission, agreed to abandon any plans for the road, maintain the berm and set up a homeowner’s association similar to Dahlia Park.
But at the Nov. 9 meeting, County Attorney George Sparling cautioned the commission to note vote based on promises contained in a letter. He said unless what was promised was incorporated on the final plan before the commission, it did not have the force of law.
The Dahlia Park residents complained about flooding in their basements and feared the new subdivision would exacerbate their problems. Planning Commission member Shelby Guazzo said the subdivision contained a stream that was at the headwaters of St Mary’s River.
The project comes in under new state stormwater management regulations requiring all water to be retained on the property. Commission member Hal Willard was convinced that a stormwater management plan could be designed by engineers that would accomplish what the state law requires.
Several commission members also weren’t so sure that abandoning the new road was a good idea. Densford in his letter to the commission said the new ingress/egress for the back side of Wildewood via Primrose Road to Lawrence Hayden Road eliminated the need for the connection through Dahlia Park and Cypress Park to Cottonwood Parkway. But the planners question was whether the connection to Lawrence Hayden Road was sufficient.
Several of the commission members seemed sympathetic to giving the developer more time to work things out. But Chairman Howard Thompson pointed out that only six members would be in attendance at the next meeting and two new members would be appointed after the first of the year. Thompson noted that the applicant, Wildewood Residential LLC, had previously asked for a postponement when there wasn’t a full board present. Sparling said applicants had to live with whatever members were present at a meeting as long as there was a quorum.
After considerable discussion, commission member Merl Evans made a motion to delay a decision to the next meeting to give the developer time to work with the Department of Land Use and Growth Management staff on the issues in question. That motion failed on a 3-4 vote.
Then commission member Martin Siebert made a motion to approve the plan as presented. That motion failed 2-5.
Thompson asked for another motion and none was forthcoming. Thompson asked Sparling what that meant. Sparling said without a motion the project was effectively killed.
The applicant can submit a revised plan in the future and go through the process all over again.
Contact Dick Myers at dick.myers@thebaynet.com