Owners of Mayo marina lose appeal Holiday Point expansion hits another snag

November 09, 1995|By Andrea F. Siegel | Andrea F. Siegel,SUN STAFF

Maryland's second-highest court has blocked an attempt by a Mayo marina to nearly double its size, the second setback for the marina's owners in two weeks.

A three-judge panel of the Court of Special Appeals upheld this week Anne Arundel County's law forbidding marinas from building slips within a half-mile of an oyster bar.

Two weeks ago, the Department of Natural Resources turned down a request by the owners of the Holiday Point Marina to redraw the map of a 194-acre natural oyster bar in Selby Bay so that it would not be shown as too close to the marina's planned expansion.

The owners have been trying for a decade to expand to 299 slips from about 165 but need variances from the distance requirement and another zoning requirement. They have nearly all of the other necessary permits.

The court decision is "good news to me," said Brenda M. DeLalla, president of the neighboring Turkey Point Property Owners Association.

The marina owners, who could not be reached yesterday, said last month that they would appeal the DNR ruling, said W. Pete Jensen, director of tidewater fisheries at the DNR. He said the owners were prepared to contribute $25,000 toward the state's oyster-recovery efforts if the boundary was moved.

The county defended the provisions of its zoning code but has backed the proposed expansion. In July, the Office of Planning and Code Enforcement reinterpreted a sewer service provision in the code to remove a stumbling block for Holiday Point's owners.

The Mayo Peninsula has an unusual $62 million sewage system in which only county engineers can determine where a septic tank can go.

Because of the difficulty in siting a sanitary facility, the marina sought a variance from the county code requirement that it have bathrooms 150 feet from a pier.

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