Grays Creek pier permit denied by appeals panel Neighbors charge it would impede access to marina

January 11, 1993|By John A. Morris | John A. Morris,Staff Writer

The Anne Arundel County Board of Appeals has denied Robert Calvert a permit to build a 75-foot pier on Grays Creek that neighbors complained would block access to the community marina.

Mr. Calvert said he will challenge the board's ruling in the Circuit Court and plans to proceed with the pier's construction. He said he expects dredging equipment to arrive any day.

"We purchased the property and we have a right to use that water," said Mr. Calvert, who owns property on both sides of the Sylvan View Community Association's marina. "If someone is going to deny us the right to use the property, then they should pay us for it."

Mr. Calvert said the new pier would allow him to dock his 42-foot boat in deeper water. The boat is now moored on the other side of the marina.

The county Department of Permits and Inspection had issued Mr. Calvert a permit Aug. 26 to build the pier, an extension off the left side and a mooring piling. The community association appealed, leading to last week's ruling.

Although Mr. Calvert's pier would be 15 feet away from the marina -- the minimum legal distance -- association members complained there would not be room to maneuver some of the larger boats that dock there. Mr. Calvert, they said, built a dock in the mid-1980s on the other side of the marina that already blocks one of the community's three piers.

The appeals board deadlocked, 3-3, Wednesday. That meant Mr. Calvert had failed to persuade the board to uphold the permit, officials said.

Board members opposed to the permit said they believed Mr. Calvert was acting spitefully toward the community association, with which he had had earlier confrontations. They said they believed Mr. Calvert could move the pier farther away from the marina.

"This is not the appropriate location for this pier," said board member Anthony LaMartina. "It would have an adverse effect on [the marina]. The county code has language that protects neighbors from adverse effects."

But member David Schafer said, "I don't think the law allows us to dispense with equity, no matter how much we think the case calls for it. I don't see any way we can legally deny this pier."

Association President Rebecca A. Bishop said she was disappointed the board had to deny the request. "I'm sorry the board couldn't have had him move [the pier] over a little bit," she said. "We really don't have any objection to him having a pier."

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