New hearings ordered on Fenby Farms CENTRAL -- Union Mills * Westminster * Sandymount * Finksburg

July 22, 1993|By Darren M. Allen | Darren M. Allen,Staff Writer

Saying the Westminster Planning and Zoning Commission failed to follow city law when it approved the Fenby Farms housing development adjacent to Wakefield Valley Golf and Conference Center, Circuit Judge Raymond E. Beck Sr. has ordered the commission to begin hearings on the development all over again.

The order, filed in Carroll Circuit Court, sends Fenby Farms -- which took two years to gain planning commission approval -- back to the beginning of the process. Wakefield Valley owner Hank Majewski appealed the commission's approval of Fenby Farms last August.

"In the [Fenby Farms] case, the commission did not have the complete picture . . . when it approved" the project, Judge Beck wrote in his opinion.

Judge Beck -- an avid golfer -- borrowed from the language of golf in the opinion. "Because the commission's decision process in this case does not appear to be up to par, the commission will be required to take a mulligan [second shot]," he wrote.

The central dispute between Wakefield Valley and the 55-unit Fenby Farms involves six or seven planned houses adjacent to the green of the fifth hole on the "Gold" course, one of three nine-hole layouts at the golf club. Mr. Majewski fears that if golfers hit stray shots when they tee off, the balls will hit yards, windows or people.

Mr. Majewski also charged -- and Judge Beck agreed -- that the final plans approved by the planning commission did not completely describe the development or include all of the information required under Westminster law.

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