Zoning board again OKs Oakmont Green site plan Foes say move is moot

cite court appeal

February 23, 1993|By Katherine Richards | Katherine Richards,Staff Writer

The Hampstead Planning and Zoning Commission last night approved, for the second time, the site plan for the proposed Oakmont Green shopping center on the east side of Route 30, across from Brodbeck Road.

But a representative of the owners of North Carroll Plaza, which is across Route 30 from the proposed Oakmont Green center, said the planning commission does not have jurisdiction to grant that approval.

Clark Shaffer, a representative of North Carroll Plaza's owners, H. M. Mall Associates Ltd., said his clients and the developers of Oakmont Green have both appealed a related Hampstead Board of Zoning Appeals decision to the Carroll County Circuit Court.

He said that normally, when an appeal goes to the circuit court, the planning and zoning commission loses jurisdiction over the matter until the case is formally handed back to it.

"That has not been done yet," Mr. Shaffer said.

After the planning and zoning commission approved the Oakmont Green site plan the first time, in September, the Board of Zoning Appeals rejected it Dec. 7 because the center's storm-water management plan did not meet town requirements.

The Oakmont Green developer appealed that rejection to the Circuit Court.

The North Carroll Plaza owners also appealed the board's decision, because they disagreed with the board on the reasons for rejecting the plan.

Then the town revamped its zoning ordinance in January.

The developer brought its site plan before the planning and zoning commission again last night because the relevant storm-water management requirements had been changed. The planning and zoning commission last night decided that the plan meets the revised requirements.

Also last night, the planning and zoning commission approved the preliminary plan for Savannah Estates, a proposed 4.35-acre subdivision of 10 single-family lots on Upper Beckleysville Road across from Summit Street.

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