From John P. Mallamo:
This is the peculiar story of the Harford County Zoning Case 5814, a request by the Harford County Airport Owner’s Association for a Special Exception to operate a General Aviation Airport in the AG district, and a variance to disturb a non-tidal wetlands and the 75 foot Natural Resource District buffer in the Agricultural and General Industrial Districts.
The President of the Harford County Airport Owners Association was quoted as having said he asked the county’s planning and zoning department to “tweak some of the language to let us complete our facility on the current AG ground.” In March of 2013, Harford County Council passed Bill 13-04, which permitted General Aviation Airports in the AG district, with conditions, as a Special Exception.
In October of 2013, the Harford County Airport Owners Association applied for a Special Exception to operate a General Aviation Airport pursuant to the revised section 267-88I(2) of the Harford County Code, and a variance to disturb a wetlands. The Harford County Planning and Zoning department recommended approval of the application, with certain conditions. On 26 August 2013 the Harford Airport Owners Association held a Community Input Meeting, a meeting open to the public, as required by the Harford County Code. These two acts are intent and the overt act by the owners necessary to abandon the nonconforming use.
In December of 2013 and January of 2014, the County Council/Board of Appeals held a public hearing on the application. The hearing examiner recommended approval, with certain conditions on 16 April 2014. The County Council, after a conducting a public hearing for final argument on, 2 September 2014, ratified and adopted as its own the Hearing Examiner’s Decision on 16 September 2014. This act extinguished the nonconforming use.
On 5 November 2014 the Harford County Development Advisory Committee met to review the site plan presented by Harford County Airport Owner’s Association.
On 20 March 2015, Judge Emory A. Plitt, Circuit Court of Harford County, presided over a judicial review of the County Council/Board of Appeals on Zoning Case 5814. On 14 April 2015, Judge Plitt affirmed the Hearing Examiner’s decision of 16 September 2014.
All required steps in the process were observed to permit Harford County Airport to operate as a permitted use by Special Exception as a General Aviation Airport. Now comes the curious part. First, the new airport, which was previously operating as a nonconforming use, is operating, by Maryland law, as a permitted use, by Special Exception, as a General Aviation Airport. By Harford County Code, Section 267-86 it is now subject to the regulations and applicable provisions of Part 1 of the Zoning code. The currently operating new airport is operating in violation of the Harford County Code and the Hearing Examiner’s decision. Specifically, by operating a fueling/refueling service, not operating a fueling/refueling service in a fully enclosed building, using turf runways, and parking airplanes on turf, and by conducting greater than 50% of its commercial operations on land areas in the AG district. The new airport would have to change its procedures significantly to remain, even marginally, operational, if they could operate at all
The future airport, which is yet to be built, will have similar problems. Any operation of a fueling/refueling service is not permitted by Harford County code unless all adjacent properties are on public water. Fueling and refueling must be conducted in an enclosed building. Most importantly, as a result of the expert testimony, and the site plan submitted, the future airport has an approach path of approximately 500 feet on the south end of the runway, and 800 on the north end of the runway. The angle of descent, from the minimum safe operating altitude of 1,000 feet prescribed by federal law would be 63 degrees on the south end and 51 degrees on the north end. Clearly not suitable for conventional fixed wing aircraft, but maybe useable by rotary wing or vertical/short take off and landing type aircraft.
Not quite the desired or expected outcome.
At the Development Advisory Committee meeting conducted on 5 November 2014, the chairman explained how the project was obligated to go to the Board of Appeals, and that the DAC Committee must ensure that the project complies with the conditions of the Board of Appeals case determined by the Hearing Examiner and the County Council as indicated in the review comments.
Maryland law is clear, the Harford County Code is clear, the Hearing Examiner’s recommended decision to approve, with certain conditions, the Special Exception is clear, the action by the County Council/Board of Appeals to ratify and adopt the Hearing Examiner’s decision as its own is clear, the comments from the chairman of the Development Advisory Committee are clear, and Judge Plitt’s opinion and order are clear.
Why is it, then, that the County is not enforcing, the County Planning and Zoning Department recommendation to approve, with certain conditions the application for a Special Exception to operate a General Aviation Airport, the Hearing Examiner’s recommended approval, with certain conditions, of the same request, and as ratified and adopted as its own by the County County/Board of Appeals and as affirmed by Judge Plitt in the Circuit Court of Harford County?
A most curious and perplexing issue, indeed. If you are curious, too, the next time you hear a private plane flying overhead, call the County Executive or your County Councilman and ask if today is the day to enforce the code, and the Hearing Examiner’s decision on zoning case 5814.
Harford airport is due for an upgrade! What you don’t mention is the economic benefit to the county an upgraded airport will bring. Of course all your interested in is derailing progress.
Mr., Mrs., Miss, Ms. Jz,
Sir/Ma’am
The extension of your point would be that as long as there is economic benefit, or progress, it is acceptable to disregard laws and codes. By now every resident of Harford County should be wary of any person or project that promises “economic benefit” or “progress”. Reviewing all the TIFs, tax incentives and BRAC projects that promised “economic benefit” and “progress” that have yet to deliver either, marks those claims as immediately suspect. None the less, it is worth reviewing the “economic benefit” from the Harford County Airport.
The Office of Regional Assistance, Maryland Aviation Administration publishes an annual report of the “economic benefit” to the local area of the airports in its system.
These reports may be viewed at:
http://www.marylandregionalaviation.aero/content/publications/index.php
The economic benefit to Harford County from the Harford County Airport was presented at the Public Hearing held in December 2013 and January 2014. From the transcript of the hearing Mr. Kevin Hess, manager of the Harford County Airport testified that the Maryland Aviation Administration conducts an economic analysis of the Harford County Airport. Mr. Ashish Solanki, Director, Office of Regional Assistance, Maryland Aviation Administration testified that the numbers for the analysis comes from the airport. Testimony on where the numbers used for the economic analysis originate from Mr. Hess and Mr. Solanki is in disagreement. Each claiming that the other is responsible. Hardly the basis for determining the accuracy of any claimed benefit.
None of those testifying was presented and accepted as expert in economic analysis, economic forecasting, or any other topic dealing with economic impact. Their individual and collective testimony on the economic benefit to Harford County is conjecture and an unqualified opinion.
The Maryland Economic Impact of Airports, Final Report, 2013 indicates that there are a total of 31 direct jobs at the airport and that the personal income from these jobs is 1.2 million dollars, annually. Mr. Hess testified that the entire airport operation employs nine people mostly part time and fewer full time, and that there are an unspecified number of others who work there, sometimes. If the numbers are correct, than airport employees are well compensated. The disparity between these numbers would suggest that accuracy may have been sacrificed.
The curiosity in this report is that number of operations has a ratio local to visitor of 80 percent to 20 percent. Total operations for the period was 17,840 with13, 249 being local and 4,416 being transient or visitor. Business revenue between the two classifications is about even 1.143 million dollars local to 1.081 million dollars visitor. Local purchase is also about even 526,000 dollars to 498,000 dollars. Incredibly, since one operation can be either a takeoff or landing, and visitors must, by definition take off at some time after they land, which would mean that there is one take off for each landing, 2000 operations, landings, provided about one half of all revenue. Takeoffs obviously do not generate revenue. Stated differently, approximately 10 percent of all operations accounted for approximately 50 percent of all revenues. Analyzing the numbers and comparing it to testimony from Mr. Hess, most transients come to the airport, have lunch in Havre de Grace, spend a night, refuel, and leave. A tie down is six dollars a night fuel listed on the Harford County Airport website is currently for sale at $5.65 a gallon. With a base of only 2,000 operations, the numbers in the economic report strain credulity. No other airport in Maryland has numbers that compare with these, causing skepticism.
With all the vagaries in methodology used to calculate the number of operations and economic impact, the lack of verifiable accuracy of the numbers presented, and disagreement on where those numbers originate, any projected benefit from the Harford County Airport to Harford County is questionable.
THNX
John P. Mallamo
Good god that reads like a game of scrabble letters thrown on the floor. I keep pressing 1 for English and it ain’t helping.
Well John, you must have realized that there are a lot of citizens that were very lucky to “graduate” from High School, let alone college. (We call them functional illiterates.)
Unfortunately, similar to the Federal Tax Code….one has to wonder if the Harford County Code was written in such a manner that it requires a lawyer, or at the very least a DETERMINED citizen to be able to decipher it.
Can’t wait to see what effect the new EPA Rule regarding “navigable” waters will have on States Rights vs Federal overreach. I believe 22 states have already filed lawsuits.
Disregard my comment. I don’t know what I’m talking about.
Mr., Mrs., Miss, Ms, Lord Acton
Sir, Ma’am
I recall having seen the number of states in litigation against the EPA rules at 27. I do agree that it should be a very interesting discussion.
At the local level, it would be beneficial for all residents of Harford County to get deeply involved in the current effort to rewrite the Master Plan and its various element plans. The subsequent comprehensive rezoning will no doubt be tiered from the Master Plan. Given the demonstrated reluctance/foot dragging on code enforcement at the Harford County Airport, there is no telling what mischief and grief awaits from the future land use and zoning efforts in Harford County.
THNX
John P. Mallamo
Planes are still flying in and out of Harford County Airport. Seems that the following statements are appropriate, and can be made with certitude and without any fear of contradiction
1. It is obvious that Harford County Executive Glassman did not select any past day to enforce the Harford County Code. While he may decide to enforce the code one day in the future, we will just all have to wait and see.
2. The Harford County Airport is operating in open defiance of the Harford County Code, the Harford Board of Appeals Hearing examiner’s decision, the County Council’s act to ratify and adopt that decision, Judge Plitt’s order affirming the Hearing Examiner’s decision, and quite possibly contempt of court with the full knowledge and personal approval of Harford County Executive Glassman and the acquiescence of a compliant Harford County Council. Together, they have reduced planning and zoning to an arbitrary and capricious process. The County Zoning code is nothing more than a piece of paper.
The situation is reminiscent of the lawlessness of Dodge City in its early heyday. The difference being that the elected officials in Dodge City could not enforce their codes. In Harford County, County Executive Glassman will not enforce its codes.
Some people may have expected more from County Executive Glassman, maybe they will not be too disappointed. I am surprised that his actions are not more sophisticated. After having spent most of his life in politics he is hardly a naïf. Slow walking or stonewalling the situation, is a technique that may work at the National and State level, not so much at the local level when you see constituents in public places. It certainly does not correct the situation.
When the County Executive will not enforce the County Codes, residents of Harford County should harbor no illusion about what will happen with the Land Use Master Plan and the subsequent Comprehensive Rezoning. It is probably no coincidence that the building permit process is being streamlined.
The question residents should be asking is where it will happen, when, and how. Most importantly, who will benefit most?
Selective enforcement of the law, inconsistent application of the law is not good governance. It will certainly not lead to good government. I would hope that County Executive Glassman does not intend to lead the County with this approach.
THNX
John P. Mallamo
Just shut up and stop wasting space on this forum. It has been an airport for 80 years. It currently has three runways. Two are shutting down and the third is being made wider and longer for safety reasons.
You found no favor in any level of the appeals process and in fact you cost the tax payers of this county many thousands of dollars providing a peoples counsel for over two years during your crusade.
Before you write another word please tell this forum how much this gadfly rant of yours has cost the tax payers of this county. I would like to know and would like the people to know how much time and money people like you cost the system you abuse..
Can’t imagine how anybody thinks writing an open letter in which very valid points are put forward is costing you or anybody else any money. It’s a writing and since it takes some effort to read you have a choice to opt out pretty darn easily. Do you not think the writer has a point with regard to current executive actions and the sudden review of the master plan? Perhaps not nefarious at all – but given the history of the abuses by a stream of county executives and the “in bed” nature of our council it’s worth noting that shenanigans are possible if not probable.
why would any of you care about your tax dollars? welfare people make more then the average citizen in maryland. youre better off in the rust belt. only solution is MOVE FROM THE SHITHOLE MARYLAND, filled with drug addicts, and asshole foul 50 year old women with chopped off hair mouthing off to you while working their desk job while their old men buy them everything. fuck that place
Mr., Mrs., Miss, Ms. History
Sir/Ma’am
A bit touchy on the subject aren’t you. Maybe you have a stake in the airport? Seems that if you do not agree, then all others should just “shut up and stop wasting space”. Not a very democratic position.
Taking your points individually. Yes, the airport has been in existence for a number of years, in one form or another. It was last operating as a non-conforming use, and then as a result of the code changes requested by the airport owners, and their request to operate as a general aviation airport by special exception, they are currently operating as a general aviation airport by Special Exception. Unfortunately for them, the County Code does not allow them to operate an airport at their present location.
There expansion is hardly for safety. That has been a subterfuge all along. The purpose of the expansion is to allow larger planes to use the airport. Courts have generally been more favorable in cases involving airports that claim safety as the reason for expanding. The argument for safety at Harford County Airport was very carefully constructed to emphasize that point.
As to the two runways that are closing, they should be closed immediately, as the County Code does not allow turf runways. Nor does the Code allow parking airplanes on turf fields. I would recommend that you read the code yourself to identify all of the other violations.
The People’s Counsel did not represent my interests. He did a fine job of representing the interests of others. I represented my own interests, myself, and so did not cost taxpayers anything for the People’s Counsel time.
No, I did not prevail in the appeals process. Ironically, that was the best possible outcome for opponents to the expansion. The Harford County Airport must now comply with the County Code and the Hearing Examiner’s decision, as ratified and adopted by the County Council. Judge Plitt’s decision ordering that the Hearing Examiner’s decision, with all of its certain conditions be affirmed. The Harford County Airport is now bound by that decision, and quite simply they cannot comply and operate an airport. According to Maryland law, the Hearing Examiner’s decision applies to the currently operating airport as well, which is also operating in violation and defiance of the Harford County Code. The result is that the Harford County Airport should not be operating at all. They are doing so only because the Harford County Code is not being enforced.
Was there a cost to the Taxpayer’s? Yes, because the legal system is paid by the taxpayer. An abuse of the system? Hardly. Do you honestly believe that people should not seek justice?
THNX
John P. Mallamo
My stake is simple. You represent the sludge in the bottom of an engine that keeps it from running at its best speed. You claim that you didn’t cost the tax payers any money. Your pontificating in Council, before the camera, wasting the time of elected officials and at least one court judge cost all taxpayers money.
Mr., Mrs., Miss, Ms., History
Sir/Ma’am
I do not agree with your proposal that citizens should remain silent on government activities. I believe that all citizens should take advantage of every forum to let elected and appointed officials know exactly what they (citizens) are thinking. If that takes a long time then that is really democracy at work. Past experiences would dictate that government works best when citizens are fully engaged.
I appreciate your colorful language and the station in life that you have relegated me to. There are those who would be quick to tell you that you have raised my position and status in life. Whether my activity slows your concept of the speed at which an engine should be running, sometimes an engine runs most efficiently at slower speeds. When it runs too fast, it wrecks havoc on itself.
As for wasting the time of a judge, citizens have a right to a judicial review of an administrative agencies decision. Would you deny that right? What other rights would you deny?
None of these points have any relevance to the topic of the article. Your opinion of me and how government should work is off topic. Perhaps you could formulate your thoughts, choose your words, and construct your sentences to discuss the topic at hand, which is the failure to enforce the Harford County Zoning Code.
THNX
John P. Mallamo
Be sure to understand that I do not want to elevate your station in life beyond constant contrarian. The kind of person that can’t order a cup of coffee without having the waitress want to stab herself with the teaspoon.
Mr., Mrs., Miss, Ms., History
Sir/Ma’am
The topic is still the failure of County Executive Glassman to enforce Harford County’s zoning code as it relates to General Aviation airports. A subset is how that blatant disregard for the County zoning code might affect future zoning and land use in Harford County. Specifically, as related to the current revision of the Land Use Master Plan, the subsequent Comprehensive Rezoning and all of the land use decisions that will accrue to those efforts.
Your support of assisted suicide and vivid, gruesome of proposed methods is not relevant to the topic.
THNX
John P. Mallamo
John,
You live in Bel Air where you have an airport lined with natural gas cylinders and a dense housing development 100 feet off the end of the runway. How did that slip by you? The Adino Airport redesign project has the support of the Governors office, MDOT, the FAA, the MAA, Harford County Government to include P and Z , The County Exec and the County Council.
As the bull goose looney of all the contrarians I have ever encountered I need to ask your advice. Should Bruce Jenner be allowed to receive the Espy Award tonight just because now he has become a Javelin Catcher?
Bel Air? Don’t you mean, Forest Hill?
Airport lined with Natural Gas cylinders? You can’t even get the nomenclature correct. Suburban PROPANE has 1 business entity there in about a 1 acre lot, and its grass between the paved runway to the business’s fence for at least 50′. Not sure what “lined” means when there is just 1 business selling propane.
Do you think we are all as stupid as you are?
What’s “dense” housing development? 10 homes? 100 homes? In your opinion? There is housing development at every air port in this state.
Get lost, and please I hope you get butthurt and “tell me how it is” because I’d love to see your worthless reply.
Another poster, the equalizer, has corrected you on the location of the airport you refer to. It is correctly the Forest Hill airport. Its operation is not relevant to the operation at Harford County airport. Attempting to throw the Forest Hill airport under the bus to justify the Harford County airport operation is ill advised, and demonstrates a certain level of desperation. It is also irrelevant to the discussion of County Executive Glassman’s failure to enforce the Harford County zoning code at the Harford County Airport.
I surmise that you are speaking with authority for all of the agencies that you identify, and as their appointed spokesperson. You should understand that Harford County zoning code was changed, at the request of the Harford County Airport Owner’s Association to accommodate the expansion of their airport. The code was changed with conditions embedded into it to protect the property rights of adjacent property owners, surrounding property owners and all of Harford County. The Harford County Airport Owner’s Association applied for a Special Exception to operate a General Aviation Airport at their location. Harford County Planning and Zoning recommended approval of that request with certain conditions. Harford County Board of Appeals Hearing Examiner recommended approval with certain conditions. Harford County Council as the Board of Appeals adopted and ratified the Hearing Examiners recommendation, with all of its conditions. Judge Plitt, Harford County Circuit Court affirmed the Hearing Examiner’s decision, and emphasized the conditions articulated in the decision. The Harford County Airport Owner’s Association, in their attempt to gain approval of their request agreed to abide by all the Harford County zoning code and all of the conditions prescribed by the Hearing Examiner. As a direct result they put their project in an untenable position, and exposed the airport currently operating to closure.
At this point it is left to County Executive Glassman to enforce the Harford County Code. He has not done so yet, and there is no indication that he will. It is questionable that any of the other organizations that you are speaking for will join him and support the complete disregard for the zoning code that is on exhibit now. Perhaps you would publish their answer to that question.
As the spokesperson for the County Executive, you have provided a valuable insight into how he will govern. Basic philosophy is citizens should just shut up, not waste time of elected officials, my administration has no requirement to observe any codes or laws, we will do whatever we feel like doing. We will demean anyone who gets in our way. Citizens should only concern themselves with who should get ESPY awards.
As to who should get the ESPY award, you would spend your time better making your inquiry to ESPY on their criteria then asking me. Put your own skin in that debate.
THNX
John P. Mallamo
Mr., Mrs., Miss, Ms. History
Sir/Ma’am
I apologize for not having properly addressed you in my most recent previous post, I do hope that you were able to correctly deduct that it was meant for you.
THNX
John P. Mallamo
A developer should buy it all and start building single family homes that don’t sell. Oh, wait, we already got that a few miles down the road.
How about building a 3 story brick office space that sits vacant for 4 years? Oh wait, we got that down the road too, next to Target in Aberdeen.
I absolutely love the SHA project to widen route 22, and how they are really dumping worthless amount of money into building a new median along the Route 40 strip in Aberdeen.
Should have just left EVERYTHING the way it was. A slow turnover golf course sure is better than another day, no sales, everyday approach they are getting out of their “investment.”
A “slow turnover golf course”? Whatever did you have in mind? The last golf course I remember being started in the county is now cheek-to-jowl housing for I don’t know how many people. Built I’m sure for the BRAC influx that never happened, I can’t imagine it’s even half populated at this point. As to the widening of MD 22, it’s long been known in the county that 22 needs to be four lanes with center left turns all the way from APG to Bel Air. NIMBYs in Churchville have successfully choked this off at every turn for decades, resulting in ridiculous traffic backups every workday morning and afternoon. So I’m pretty sure I don’t share your lack of enthusiasm for widening 22.
Never mind, I don’t know what I’m talking about.
Beech tree wasn’t bringing in the revenue as years prior before being closed albeit a still top rated MD golf coyrse, is what I take out of “slow turn over.”
They have wanted 2 lanes in both directions from Aberdump to Edgewood North (Bel Air). There were surveyors out dreaming about it in the 70’s. Its nearly impossible to do now.
Smoke some more dope, Original Observer.