Hackerman Deal Resonates at
Beavan’s Hearing
Empire Homes Advertised Site Even Before Plan Approved

ST. MARY’S TODAY

LEONARDTOWN — Scant regard developers and builders show to local laws was once evidenced from an advertisement of 200 single family homes at senior citizen Bernard Beavan’s controversial site, even before the Board of County Commissioners had an opportunity to decide on the issue.
Most residents in one voice opposed desecration of their natural habitat and urged a stop to the messing around with the boundaries of the Lexington Park Development District.
St. Mary’s Board of County Commissioners heard Tuesday evening the public was closely watching their moves as the matter of whether or not to include Beavan’s 76 acres in the Lexington Park Development Plan came up for public hearing.
The most intriguing aspect of it all was that Columbia-based Empire Homes was advertising the site for 200 family homes on its website Tuesday, but a visit to the company’s website Wednesday read the “Site is currently being updated, please check back at a later time.”
Linda Vallandingham told ST. MARY’S TODAY she was informed by a friend about the change in the company’s website a day after Tuesday’s public hearing. “They were not above board with what they were advertising and what their plans were for Beavan’s Property,” she said.
Raphael Gunther informed the Board of County Commissioners that Empire Homes was not only advertising 200 single family homes, but an additional 100 townhouses on the site. Though Bernard Beavan denied contract purchaser Empire Homes had this in their plan, Republican commissioner president aspirant Dennis Hubscher forwarded the printout from Empire Homes website to Gunther that mentioned the company’s plans about the townhouses.
“Given the minimum lot size and clustering requirements of the zoning district, the property will not support, and no plan has ever attempted, to include any town homes,” Beavan said.
After Beavan’s written assurance, it was not clear if reference to the townhouses on Empire Homes website was a mistake or a deliberate ploy to distract attention from the larger picture.
According to the comprehensive plan entitled “Quality of Life in St. Mary’s County – A strategy for the 21st Century,” large continuous tracts of sensitive areas are outside of designated growth areas and zoned for rural or resource protection. “Specifically, the McIntosh Run natural heritage area is excluded from the Leonardtown development district, and the St. Mary’s watershed natural areas and lands westward thereof are excluded from the Lexington Park development district,” the quality of life report reads.
One man local conservationists love to hate, Phil Dorsey, appeared in favor of allowing Beavan his property rights as per the 5th Amendment. Friends, family and business associates who supported the Bernard Beavan’s request included James Raley, Kennedy Abell and Brook Matthews.
“To listen to the opponents of my request speak, you might think that we were asking for something new. We’re not, this property has been in the Development District previously and was removed without my knowledge,” Beavan said in a written communication to ST. MARY’S TODAY.
At Tuesday’s hearing most speakers said preserving the green for the future generation was better than greenbacks for instant gratification, but if it all Beavan was allowed instant gratification 250 plus properties on the west side of the Indian Bridge Road should be allowed the same benefits.
“To bring the Beavan property into the LPDD would be unfair treatment to the other property owners on Indian Bridge Road that were in the LPDD prior to the adoption of the 2002 Comprehensive Plan,” Wanda Norris thundered on behalf of half dozen old families of the area. “What is fair for one is fair for all.” Norris said. She was representing herself, her husband James Norris, Mary Norris, Raymond and Charlotte Norris, John and Mary Vallandingham, Francis and Gloria Bean and Tracy and John Valandingham.
She attached a letter form from Bernard Beavan dated August 24, 2001 requesting that his property remain zoned RL. She argued no exception should be made for Beavan as none of the property owners received formal notification that they were being down zoned.
Linda Vallandingham, speaking on her own and former commissioner Robert Jarboe’s behalf, drew the attention of St. Mary’s Board of County Commissioners that much of the confusion was because the Comprehensive Land Use Plan had not been updated since 1993.
“The Beavan Property is separated from the other residential property by the Salem Tract, better known as the proposed Hackerman land deal,” Vallandignham said. Critics allege that a shady land deal by Governor Bob Ehrlich would have given more than 800 acres to developer Willard Hackerman, undermining the health and vitality of the headwaters of St. Mary’s River.
Vallandingham pointed out Commissioner President Tommy McKay (R. Hollywood) was asked at the a public hearing last month “Have you adopted a current water and sewer plan?” and he responded that the CWSP had not been adopted because the commissioners were still reviewing the LPDD. “This is not acceptable to us,” she said.
She attributed much of the problem being faced today to the failure on the part of Board of County Commissioners to adopt the 2003 draft CWSP. She counseled to defer any messing with the LPDD until a new Comprehensive Water and Sewerage Plan was in place.
Hubscher argued if the boundaries are changed as proposed a precedent would be set allowing the deletion of development rights attached to public land in favor of private development interests on the west side of Indian Bridge Road.
“No greater public need will be served by expanding the development district to the west side of Indian Bridge Road,” said Hubscher.
Hubscher urged the Commissioners to cease making text amendments to the 1993 comprehensive plan, and to take action to either adopt or reject the 2003 comprehensive water and sewer plan recommendation.

Beavan’s Application Debated at Hearing
“The reasons given for reducing the LPDD was that the Maryland Department of Planning said the LPDD was too large and the county wanted to protect the watershed and the St. Mary’s Lake as it could be used as a potential source of public water,” Norris said.
Norris pointed out that the language in the comprehensive plan states, “The St. Mary’s watershed natural area and lands westward thereof are excluded from the LPDD.” She explained that meant the state watershed property on the east side of the Indian Bridge Road and all the property on the west side of Indian Bridge Road are zoned rural preservation district and could not be touched.
Norris suspected foul play. “We do not understand why consideration is being given to changing one of these properties when all that was needed was for the BOCC to adopt the draft of the March 2003 CWSP after their public hearing.”
Vallandingham said the two other properties previously zoned RL on the west side of Indian Bridge Road, Arrowhead and Maple Run, were developed under the old ordinance without water and sewer. “Mr Beavan could have done the same with his property,” she said.
“We can sympathize with Mr. Beavan because he has property that won’t perk but there are other properties throughout the county that won’t perk either. Just because his property won’t perk is not justification to expand the Lexington Park development District boundary for this one property,” Norris said.
The much-abused Comprehensive Plan states land and natural features important to maintaining the environmental health of the county, which presents constraints for development and which are critical to reducing damage to the Chesapeake Bay are preserved from disturbance and enhanced to increase the effectiveness of their benefits for erosion control, filtering of sediments and nutrients and provision of essential habitat for wildlife.
“In return citizens receive benefits of reduced construction costs, minimization of erosion and flood events, and improved water quality for drinking and recreation and increased property values for a more scenic living environment,” the comprehensive plan reads.
Amid ruthless massacre of trees and raping of wild woods presently underway, conservation issues are increasingly nagging the minds of the old families this election year.