Published: May 23, 2008 11:56 am      

Oldtown residents against split of property

CUMBERLAND - It's against the rules and sets a dangerous precedent.

That's the collective sentiment that nine nearby residents and fellow property owners of a Martin's Mountain Lane man expressed during a public hearing Wednesday evening regarding a request to split a 146-acre property into two lots.

Anne Arundel County resident Joe Lepore asked the Allegany County Planning and Zoning Commission to grant a variance allowing him to split the land into lots of 55 and 91 acres.

Lepore said his intent was to keep the larger portion and sell the smaller portion. Lepore originally appeared before the commission two months ago, citing financial hardship on a property for which taxes had increased to nearly $600 per month.

Since the Planning Commission members conducted a site visit, however, Lepore has learned of two programs administered by the Maryland Department of Natural Resources that could significantly lower his taxes over a 15-year period. Either of the two programs also would prevent future subdivision of the land and limit residential development to one or two homes on the property.

Wes McKee, counsel for the Planning Commission, said Lepore was charged with proving "some hardship" and "unusual physical conditions" regarding the property. Those conditions must not conflict with the county's comprehensive plan, he said.

Eric Myers, a Bethesda resident who owns property on Martin's Mountain Lane, said he read the subdivision covenants and said Lepore had "failed" to state a case on which the commission can act.

Myers said the developer had maximized the number of lots for the site when the plat was approved originally.

"Once a plat has been approved, it is deemed final," Myers said. "Hardship in the case of Maryland code has nothing to do with personal hardship. This has to do with a piece of property. It's very difficult to read any other meaning into it."

Leslie Proesches of Catonsville also owns land along Martin's Mountain Lane and was concerned about the precedent-setting variance.

"I really don't have a problem splitting the land," Proesches said. "My biggest concern is, where do you draw the line?"

Ricky Dockery of Oldtown lives on Frog Hollow Road and owns property in the area. He said the move would initiate similar requests from other property owners in the area.

"Everybody wants to subdivide," Dockery said.

Phil Nelson is a full-time resident in the 51-lot subdivision. He has fought "adverse land development" at two previous locations in Vermont, once against a landfill and another against a gravel pit. He lost the latter fight and is now selling that home for $50,000 below the appraised value.

"Once the precedent occurs, any good attorney" can use that as justification for a future variance request, Nelson said. The permit opens "Pandora's box."

After the meeting, one Oldtown resident approached Lepore and said her opposition wasn't personal.

"It is personal," Lepore said. "It's my land."

"Up until this circumstance, I considered myself a friend of Joe's," said Phil Scott of Derwood. "I don't think today is about supporting Joe. It's about what's best for the community."

Some property owners said they were concerned about increased traffic on the four-mile long dirt road to the subdivision.

"When you live four miles back a dirt road, there's a reason for it," said Dan Bible of Oldtown. "I definitely don't want to see it happen."

Comments on Lepore's request can be submitted to the Planning Commission for nine more days. The issue is expected to be discussed at the next work session, scheduled for 3 p.m. June 2.

Contact Kevin Spradlin at kspradlin@times-news.com.