From the Office of the People’s Counsel of Harford County:
September 10, 2013
Robert S. Lynch, Esq.
Stark & Keenan, P.A.
30 Office Street
Be1 Air, MD 21014
RE: Board of Appeals Case No. 5781
Evergreen Business Trust
Peak Management, LLC
Dear Mr. Lynch:
Based on our recent meetings and telephone conversations it is my understanding that your client is agreeable to the incorporation of the following conditions into Board of Appeals Case No. 5781. The conditions which your client has agreed to are set forth as follows:
1. The Applicant shall meet all Adequate Public Facilities requirements as determined by the Director of Planning and Zoning and the Director of Public Works.
2. The project shall be developed as generally shown on the Site Plan (Exhibit 11, submitted to Board), with modifications as set forth in these conditions. No more than 198 dwelling units shall be approved.
3. A Site Plan plan meeting all conditions set forth in the approval and all standards of the Harford County Zoning code and Subdivision Regulations shall be submitted for review and approval to the Development Advisory Committee.
4. Active and passive open space shall be provided in accordance with the standards of the Zoning Code. A detailed recreation plan shall be submitted to the Department of Planning and Zoning for review and approval and shall be generally consistent with the Open Space & Landscaping Plan. (Exhibit 12 submitted to the Board)
5. A landscaping plan generally consistent with the Open Space & Landscaping Plan (Exhibit 12 submitted to the Board) shall be submitted to the Department of Planning and Zoning for review and approval.
6. The multi-family units shall be constructed so as to be similar in appearance and materials to the architectural renderings submitted by the Applicant to the Board.
7. The Applicant shall schedule a Community Input Meeting prior to submission of the Site Plan to The Development Advisory Committee.
8. All residential units will be offered at market price.
9. The Applicant will inform the People’s Counsel of proposed substantial changes to the Site Plan.
10. All proposed mitigation for impacted intersections shall be in accordance with Adequate Public Facilities and must be approved by the Department of Planning and Zoning and the Department of Public Works.
11. The Applicant shall construct and maintain a board on board fence (or a fence of similar material) or a rolling berm or a combination thereof, of at least six feet tall to be installed west of Tollgate Road along the northern property line of the Site to discourage trail users from encroaching onto the adjacent residential property. This fence or berm shall start at the southeast corner of Tax Map 56 Parcel 166 and shall extend west & terminate at the northwest corner of Lot 2, Parcel 591.
12. The Applicant shall plant a vegetative buffer generally consistent with the Open Space & Landscaping Plan. (Exhibit 12, submitted to Board)). Initial planting of 5-6 foot evergreen trees shall be within the twenty (20) foot buffer and said trees shall achieve at maturity an anticipated height of at least 25 feet. The trees along with a variety of shrubs are intended to provide a year-round evergreen landscaped buffer. This vegetative buffer shall extend from the northwest terminus of the Stormwater Management Pond, as shown on the Site Plan (Exhibit 1 I), to the southwest corner of Lot 2 Parcel 591
Based on our understanding, since your client is agreeable to the imposition of these conditions, I as People’s Counsel agree to withdraw my appeal. I also agree not to raise any objection to your final argument this evening and will be withdrawing from this case. You have also agreed to my bringing this settlement agreement to the attention of the County Council and my request that these conditions be incorporated into their final decision. If the conditions as set forth above and the terms of this agreement are acceptable to you, please indicate your concurrence be setting forth your signature below. Upon receipt of your signature, I intend to transmit this settlement agreement to Ms. Melissa Lambert, County Council attorney, so that she can bring it to the attention of the County Council.
Sincerely,
Brian K. Young
On behalf of Evergreen Business Trust and Peak Management LLC I hereby consent to the imposition of the conditions as set forth above and understand as consideration of these additional conditions Peoples Counsel will withdraw its appearance from this case and take no further legal action.
Finally the power of the people comes through loud and clear. We will not be bullied by big corporations and stand united against any and all development that is not in the better interest of the people of Bel Air.
Come on Wal Mart you are next…. we are gonna kick you back to where ever it is your capitalistic chinese employee abusing arse came from…..
They’re still building the apartments, just like Walmart will be building their store.
I will be unhappy about the Walmart being built at Plumtree no matter what, for several reasons.
But there’s a list of about three dozen things they could change about it that would make me A LOT less unhappy about it. Their site plan sucks and they’ve shown ZERO willingness to work on changing any of it. If they had shown even a remote sense of trying to be a part of the community, I’d feel differently.
Instead, they apparently want to be a giant boot coming down on it.
At least in this case, after a lot of wrangling, some compromise appears to be at hand.
Kharn when will you learn that “The Money Tree” is an idiot?
Hold on there skippy the letter says the lawsuit is being withdrawn so we won!
Please pay closer attention in the future these are important matters.
And for the other poster using my, please stop.
It seems the Money Tree imposter strikes again. Please Dagger – it seems a simple fix to limit people from creating already used thread names. It allows people to make crude and extreme comments in what seems to me an effort to demean. Y.A.I might also be the other “Money Tree” who might also be someone associated with Walmart or some other developer.
SO SICK OF THE BEL AIR CITIZENS WHINING ABOUT WALMART!!! Get over it, you moved into an area that was zoned for commercial development! You should have done your homework and checked into available land around you before buying your home… If you don’t like it, MOVE!
I hear they are selling lots of ocean front property in Arizone!