KIDL - News

News

Activists take Four Seasons battle to Queen Anne's Circuit Court
By MARGOT MOHSBERG, Kent Island Staff Writer

A group of Kent Island activists has asked the Queen Anne's County Circuit Court to review plans for Four Seasons, arguing that the state and county improperly approved it.

The Kent Island Defense League filed a petition with the court Aug. 8 claiming that the 1,350-home project straddling Stevensville and Chester doesn't meet the requirements for "growth allocation," or rezoning to allow intense development in the Critical Area.

The Chesapeake Bay Critical Area Commission recommended last month that the county approve the project, the largest ever planned for Kent Island. The county commissioners granted preliminary approval in April.

"We're not asking for an injunction or trying to stop the process. We just want an independent third party to review the approval process," said league President Rick Moser.

The county Planning Commission gave final approval to the project in June and the Critical Area Commission did last month.

Virginia-based K. Hovnanian Cos. still needs the county commissioners to grant final approval for the growth allocation on 293 acres in the critical area.

The county requirements for growth allocation say a developer must:

Cluster development.

Locate new growth areas next to existing ones.

Minimize destruction of woodlands and wetlands.

Maintain the shore buffers required by the Queen Anne's County Critical Area Program.

Marianne Mason, counsel for the Critical Area Commission, said she plans to file a response within the month.

County Commissioners President George O'Donnell said the Kent Island Defense League should have waited to go to the courts until at least after hearing the commissioners' final decision on the project. He didn't expect the commissioners to vote on it anytime in the "near future." (NOTE FROM KIDL: At the Critical Area Commission hearing on July 11th, we understand Joe Stevens, attorney for K. Hovnanian and a former director of QAC Planning & Zoning, told the Commission that they should approve this project since the QAC Commissioners had approved it. Also, there is a 30 day deadline for appeal of decisions made by the Critical Area Commission. KIDL believes these issues should be addressed immediately.)

Note from KIDL: The following quote is from The Capital on 8/15/01 after the KIDL filed an appeal on August 8th to the Critical Area Commission's approval of growth allocation of Four Seasons,
The Q.A.C. Commissioners approved the Growth Allocation "ordinance" on Aug 21,
one week after Mr. O'Donnell's comment , quote which follows below:

"County Commissioners President George O'Donnell said the Kent Island Defense League should have waited to go to the courts until at least after hearing the commissioners' final decision on the project. He didn't expect the commissioners to vote on it anytime in the 'near future.' " The Capital August 15, 2001

KIDL Web Guy Asks...

Mr. O'Donnell, what is your definition of 'near future'? ... you voted YES the next week, on the 21st.
Was the Vote listed on the agenda? Our observer did not see it.

Still, Mr. Moser said the KI Defense League hopes the county will force the developer to make more changes to the project -- such as clustering the homes more and minimizing the destruction of the environment -- before it gets final approval.

After all, when granting preliminary approval, the commissioners tacked on 34 conditions for K. Hovnanian to meet before asking for final approval.

"At a minimum, we're hoping for a better project for the environment and for the community," he said.

A decision on the appeal is not expected for several months, Mr. Moser said.

Return Home