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Residents await ruling on housing

Some fear that judges’ questions about Kali Drive project signal their defeat

Thursday, April 6, 2006

A month has passed since three judges on the Maryland Court of Special Appeals heard both sides of the Carrolltowne 4B development that county planners and residents have opposed for more than a decade. And members of Carrolltowne United are getting anxious for an answer.

The community group formed last summer to create an alternative solution for the proposed 254-unit rental apartment complex set on a 21-acre parcel of land along Md. Route 26 and backing to Kali Drive. Members said they anticipate the judges will approve the plan in concurrence with a previous Carroll County Circuit Court order even though limited water resources, increased traffic, strained emergency services and already over-crowded schools should halt the plan.

‘‘We’re going to hope for the best, but prepare for the worst,” said Michele Carroll, Carrolltowne United president, at the group’s meeting held last week.

Preparing for the worst was the theme of the meeting as four members who attended the March 1 hearing explained how the judges seemed to favor the developer in their questioning.

During the hearing, judges questioned the county’s role in the dispute and expressed confusion as to why there was not more communication between the Carroll County Planning Commission and the developer during the preliminary stages, when the project’s plans should have been presented.

Presiding Judge Joseph F. Murphy expressed his dismay with the county for not complying with a court order. Judge Ellen L. Hollander compared the county’s zoning changes and sunset provision to moving a ‘‘finish line” for the developer.

Carrolltowne United spokesman Dave Sherwood said that he wished there was more legal representation for the county at the hearing. The county was solely represented by Carroll County Attorney Terri Jones.

‘‘The judges were concerned about the legal fine points of the case and Terri [Jones] didn’t have anyone to turn to for consultation,” Sherwood said. ‘‘I know you can’t judge the outcomes by the questions but they [the judges] asked some pointed questions.”

Sherwood, Carrolltowne United member Mort Shuman and the group’s secretary, Gerard Oakley, attended the March 1 hearing.

‘‘Five minutes in we looked at each other and we knew where it was heading,” Shuman said. ‘‘Based on what I heard, I’d be shocked if they didn’t rule in favor of the developer.”

Group members remain upset over some of the comments made by Benjamin Rosenberg, attorney for Security Development.

In his testimony, Rosenberg compared Carroll County officials and residents to the HBO series ‘‘Deadwood,” a television show based on unruly people like Calamity Jane and Wild Bill Hickok who ruled the Wild West in the late 1800s. In Deadwood, S.D., violence and anarchy are prevalent and people are inconsiderate of each other – traits that Rosenberg said are similar to the county.

The March 1 hearing was the latest chapter in the Eldersburg land battle that has ensued for more than a decade.

The fate of Security Development Corporation’s proposal to build 254 back-to-back rental townhouses has faced opposition by county planners and residents.

The hearing was the result of an appeal by Carroll County filed in July after Carroll County Circuit Court Judge Michael M. Galloway ordered the Planning Commission to approve the plan based on a previous order in 1999. Galloway’s ruling supports a 1995 order by Carroll County Circuit Court Judge Luke K. Burns. The commission under threat of jail last summer reluctantly approved the plan.

Carrolltowne resident Joe Jascer said he would like to keep the land as is.

‘‘[If they leave it undeveloped] it’ll leave more room for the critters to run around – as they say in Deadwood,” he joked.

Michele Carroll, who has been researching alternatives for the site, showed the group a streetscape design that blends commercial and residential units. She hopes that Security Development will consider the growing trend of apartments over storefront shops and restaurants for the land near her neighborhood instead of the houses proposed.

‘‘With nothing built and nothing final, what do they have to lose?” she asked.