The plan was drafted in 1995 by Carrolltowne 4B, LLC.

At a public hearing on Oct. 26, the board heard testimony from several experts on transportation and public works issues. Witnesses testified that the Freedom area's congestion would intensify if the project was approved and would create a significant safety hazard for current residents. Issues such as transportation, school overcrowding and water for the project were discussed at length. Although the board was faced with a court order to approve the plan, members decided, after hearing about the changes in the growing area, that the plan would not benefit the community.

Benjamin Rosenberg, an attorney with Martin, Funk and Greenberg, represented Carrolltowne 4B and argued that a 1999 court order by Judge Lucas Burns stated that the Planning Commission had to approve the site plan.

The order requested that the Planning Commission approve the site plan for the final phase but the site plan was not presented to the commission until after the allowable period.

Board members deliberated publicly on Friday after the case was closed to public comment.

"Too much has changed over the past five years," said board member Roberta Windham. "It's just too much to ask to approve this ­ water, schools and traffic are all vital concerns."

Board member Howard B. Kramer expressed his concerns regarding the project and blamed the developer for waiting too long to act on approvals.

Before Friday's final ruling, Security Development Corp. threatened to jail members of the Planning Commission for ruling against the developer's proposal. A civil lawsuit was filed in the Circuit Court on Oct. 22, and accuses the Planning Commission members of contempt of court. The suit specifically requests incarceration of the Planning Commission members if they did not reverse their rejection of the apartment complex site plan.

While the Board of Zoning Appeals Chairman Jacob Yingling said that the threat did not affect his decision to reject the plan, he expressed his great disappointment in the suit as a form of indirect intimidation.

"I can't believe that wise council would ever use direct or indirect intimidation," Yingling boomed. "If you want to send the Planning Commission to jail, then add my name, the chair of this board to the list ­ I would consider it a badge of honor to go."

After more deliberations, the board voted to reject the plan and affirm the Planning Commission's original decision.

The board's oral decision will be final upon written documentation and may be appealed within 30 days.

For local resident Rochelle Schneiderman, the board's decision to reject the plan was a good one in her opinion because of traffic, schools, and water concerns in the area.

"I think it will make the community very happy," she said. "More houses or apartments would put more stress on our already overcrowded schools."

Schneiderman, who moved into her home on Kali Drive 10 years ago, said that she would like to the property to become a recreational area for the neighborhood children. Although she has two sons attending Liberty High School, Schneiderman has noticed the influx of young families to the Eldersburg area.

Andrea and Ron Kowaleski who live on Barley Road in the Harvest Farms neighborhood of Eldersburg have been attending the public hearings recently to express their opposition toward the housing project.

"It was evident that it was not an arbitrary decision," Andrea Kowaleski said. "It was nice to be privy to the decision-making process."

While their home is not in direct proximity of the land, the Kowaleskis said that a new housing development would produce excess traffic in the area and along Ridge Road.

Andrea Kowaleski said that while she and her neighbors are realistic that something needs to go on the vacant lot, they would rather see small businesses or a low density neighborhood than a large housing development with as many units crammed in as possible.

"The quality of life in our area would be affected," Ron Kowaleski said. "New housing projects are not going to help anyone."