105 West Chesapeake Avenue
Towson, MD 21204
The Administrative Law Judge hearings for the 101 York Planned Unit Development will be Monday January 12 through Thursday January 15, 10:00am, in Room 205 of the Jefferson Building, 105 West Chesapeake Avenue, Towson MD 21204.
Email received from Administrative Law Judge John Beverungen:
Postponement requests have been filed in the above matter by GTCCA, TMVCA and the American Legion. In addition, certain individuals have also forwarded to the Office of Administrative Hearings (OAH) letters wherein a postponement was also sought. I have attempted to copy on this email all those who have corresponded with the OAH on this issue, but if I have forgotten to include someone (or any recipient knows of others who may be interested in the matter) I would appreciate it if you would forward this email to their attention.
The protestants state they have had inadequate time in which to secure counsel and prepare their cases, and suggest that the hearing be postponed until “March 2015 at the earliest.” The Developer’s attorney has opposed the postponement requests, noting that the protestants have in fact been actively involved in opposing the project for “over fourteen months.”
In this case, I believe that the protestants have long been aware of the project, and have actively participated in meetings regarding same. In fact, three community meetings have been held in this case, while the development regulations require only one “community input meeting.” As such, I believe there has been an abundance of notice and active participation by the community, which is to be encouraged in a project of this magnitude.
The case is currently scheduled for six hearing days, January 8, 9 & 12-15. Based on previous hearings involving large projects, I would imagine that the Developer’s case will take 2-3 days, at most, to present. As such, I think it makes sense to start this case on Monday, January 12, 2015. The hearing will begin with input from County agency staff, and then the Developer can present its case. If the Developer concludes its case prior to January 15, the protestants/community will then have an opportunity to present their case.
To the extent the protestants require additional time in which to present their case, additional hearing date(s) can be requested through the County’s Department of Permits, Approvals and Inspections, which is the agency responsible for scheduling all zoning and development matters. This short delay in commencing the hearing will also provide an additional opportunity for settlement discussions between the Developer and the American Legion. Any headway made in that regard would certainly help to streamline the case, and I would encourage those parties to use their best efforts to reach an amicable resolution in the interim.
To reiterate: the public hearing in the above case will commence on Monday, January 12, 2015, and will continue day-to-day thereafter through January 15, if need be. The January 8 & 9 hearing dates are cancelled, and will be removed from the OAH calendar.
A copy of this memorandum order will be included in the case file.