Developer Gets Industrial Zoning on Rural Property

ST. MARY'S TODAY

LEONARDTOWN -- Many natives call such events a "Bubba Deal."
Seems like St. Mary's former sheriff Ben Burroughs can do whatever he wants to, whenever he wants to, where ever he wants to at the Government Center.
On Tuesday afternoon, Burroughs got another 20 acres of his land rezoned from Rural Preservation District
to industrial zone, adding millions to its value.
Still, Burroughs interrupted the "Commissioner's Time" and blasted Commissioner Larry Jarboe (R. Golden Beach) right in the middle
for giving negative publicity to yet another chunk of his lands upgraded.
"Mr. Burroughs had suffered a stroke and has impaired judgment," Larry Jarboe (R. Golden Beach) later told ST. MARY'S TODAY, commiserating with his neighbor's unruly behavior.
County attorney Christy Chesser defended Burroughs' action, saying she did not find anything that the former sheriff violated any of the county's existing laws on official meetings.
"I don't see any violation here," Chesser told ST. MARY'S TODAY.
Senior planner Jeff Jackman, presenting Burroughs' case, appeared totally nervous.
Chesser said the issue was not outside the day's agenda to make this (Burroughs interruption of the meeting) and taking the floor at will unlawful. When her attention was drawn to the fact that the item pertaining to Burroughs had already been deliberated
upon and the commissioners were on a second item when the former sheriff abruptly took the floor, she said,
"I understand that."

The controversial motion in Burroughs' support was moved by Dan Raley (D. Great Mills), who has been elected unopposed, and seconded by Kenny Dement (R. Piney Point).
This was the second move that Dement favored something debatable. Some weeks earlier, Dement voted for a controversial behind-the-scene salary raise for Lyle Long, a confidante of States Attorney Richard Fritz. Long got $13,000 in his salary, out of turn.
Commissioner Larry Jarboe (R. Golden Beach) was caught by surprise as the item on the agenda of upgrading 20 additional acres of Burroughs had already been voted upon and closed. Jarboe had recused himself and was in the process of returning to his seat when he heard Burroughs attacking him.
A huge chunk of land owned by Burroughs were in the RPD into industrial zone by a previous board which meant he had the value of his land multiplied by the stroke of a pen, yet did not have to pay additional taxes.
According to Jackman's staff report a public hearing on "Zoning Map Fix for Properties of Charlotte Hall Center, In.-- correction of mistake" a public hearing was held on August 29, 2006.
"At the hearing a comment was made by Larry Jarboe, speaking as an adjacent land owner and not as a county commissioner, calling attention to a pipeline buried within the utility right of way that forms the boundary of the Charlotte Hall Town Center," Jackman said in his report. "he cautioned that roads built over the pipeline could prove hazardous; the pipeline
has a history of breaking as evidenced by the Chalk Point spill of 1999."
Jackman said citizen Jarboe asked the board to consider holding the zoning boundary to the utility easement, and address the prospect of crossing the pipeline through a complete and comprehensive review when the County updates the comprehensive in the next
year or two.
"Staff acknowledges the concern, but advises that the impacts of development on the pipeline, irrespective
of the zoning, would be addressed through the permitting process," Jackman's report said.
Jackman justified upgrading the Burroughs acres by saying the pipeline passes under Three Notch Road
(MD5), and other areas of intensive activity, and has been engineered to withstand the loads.
Jackman's report said, "Therefore, the presence of the pipeline need not be a controlling factor in
determining zoning patterns."

As if aware the issue may have legal implications in the future, Jackman said, "Staff has prepared and the
County Attorney has approved the form and legal sufficiency of a resolution for use by the county
commissioners to amend the Official Zoning Maps as recommended by the Planning Commission."
Burroughs hoped Jarboe's objection would not land the other commissioners in trouble in the future.
"My grievance was genuine," said Jarboe.
Raley was not available for comment.