Advertisement

Appeal of Mount Aetna development set

December 30, 2000

Appeal of Mount Aetna development set



By DAN KULIN / Staff Writer


An appeal of the Hagerstown Planning Commission's approval of an almost 37-acre development plan along Mount Aetna Road is scheduled for a March 13 hearing in Washington County Circuit Court.

The development plan calls for building 194 units on a former farm surrounded by the Brightwood Acres, Londontowne and Fairway Meadows subdivisions. Two of the housing units would be single-family homes and the rest would be duplexes.

In May, the Planning Commission approved the overall development plan and plans for the first phase of development, which is the construction of 32 duplexes.

The appeal to Circuit Court was made by a group of 63 neighbors of the property.

Jim Stone, a Hagerstown attorney and partner in Churchey Group II, which is proposing to develop the property, said those appealing the decision are arguing for a larger buffer area and say the development plans do not comply with a forest conservation law. Stone said those appealing the decision also argue that the city Board of Zoning Appeals should have heard the case.

Advertisement

William C. Wantz, a Hagerstown attorney representing the neighbors in the appeals, did not return telephone messages left at his office Thursday and Friday.

The appeal of the development plans approval is separate from an appeal of the annexation and rezoning of the property, which was filed by the same complainants.

In the annexation and rezoning case, Circuit Court Judge Fred C. Wright III upheld both City Council actions.

Wright ruled that the council acted properly in zoning the property R-1, because the residential zoning does not permit substantially different uses for the property than the uses outlined in the Washington County master plan.

Wright also ruled the annexation of the property into Hagerstown was valid.

Wright's ruling in that case has been appealed to the Court of Special Appeals in Annapolis.

The appeal of the Planning Commission actions had been on hold pending a Circuit Court decision on the annexation and rezoning case.

The Herald-Mail Articles
|
|
|