Developer tries to show project would obey rules ANNAPOLIS/SOUTH COUNTY--Davidsonville * Edgewater * Shady Side * Deale

December 15, 1992|By John A. Morris | John A. Morris,Staff Writer

A developer who wants to build 71 homes on the West River attempted to show the county Board of Appeals last night that the project will comply with county environmental rules.

Despite residents' statements to the contrary, an attorney for BMCN Joint Venture said the county is requiring the developer to install extensive storm water controls, pay $91,000 to replant trees cut down and limit impervious surfaces to 25 percent. The county even "required us to scale down the size of the homes we wanted to build," said attorney Bruce Krain.

Derek Grice, BMCN construction manager, showed the board copies of its grading permit application with numerous strikeouts and corrections. Those marks and corrected numbers reflect revisions required by the Permit Application Center to bring it into compliance, he said.

The county reviewed the application three times before it issued the developer permits last month to clear and grade 13 building lots for the single-family homes.

Those permits were appealed by two West River residents -- Robert Kovich and Robert Houchins -- who said the subdivision does not comply with county standards for lot size, road widths, storm water management and wetlands protection. Work under those permits has stopped, pending a decision by the appeals board.

Last night, witnesses for the developer outlined numerous working meetings with officials from the Department of Public Works, the Office of Planning and Zoning and the Soil Conservation District to bring the development into compliance where necessary.

Residents have asserted that the development, first subdivided as Back Bay Beach in 1921, should fully comply with modern storm water management, wetlands protection and subdivision standards. The county has said the development has been grandfathered and only is required to comply "in so far as possible" without curtailing construction.

In addition to the opponents, including the West River Federation of Community Associations, about 30 other people who wore large, round "Vote Yes/Build Back Bay" buttons, attended the hearing.

Most were building contractors, real estate agents, architects and development engineers whose livelihoods depend on projects like Back Bay Beach, Mr. Grice said during a recess in the hearing.

David Horrell, a Shady Side resident, said he hopes to do the landscaping work for Back Bay Beach.

Testimony is expected to continue at 2 p.m. tomorrow and at 6:30 p.m. Thursday. Contact the Board of Appeals at 222-1119.

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