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Sponsor: Quirk
Benefits: Recovermat, 2202 Halethorp Farms Rd
Allows a scrap metal processing facility by right in MH if:
- on lot of 7 acres or greater
- at least 1400 ft from any DR zone
- within 500 ft of r/w of federal Interstate highway
or if:
- on parcel of 1000 acres (only Sparrows Point would qualify)
- at least 1000 ft from residential zone
or, by Special Exception if:
- less than 1000 ft from residential
but prohibited in MD43 overlay.
Yes, very hard to understand with multiple "or ifs" and a "but"!
Introduced April 20, 2015; passed May 21; effective June 1.
This is obviously for: Recovermat Mid Atlantic, 2202 Halethorpe Farms Rd which meets the criteria with 8.6a, 1800 ft from DR5.5, adjacent to I-695 (but is actually adjacant to RC2 (Beltway is zoning line). However, some do not consider RC as being "residential").
The Bill specifically eliminated the need for a Special Exception, which had been requested and apparently denied in a Zoning hearing by the ALJ on October 1, 2014.
History - Zoning cases, etc. for 2202 Halethorpe Farms Rd:
- 1994-0135, to approve Manufacturing use within 150ft of residential and adjacent to Beltway. Order Dec 15, 1993 approved use. While this case did not really involve "land fill", the Order referred to recylcing operations and noted that trash and debris must be "covered at the end of the day.
- April 20 and May 16, 2015, "Spirit and Intent" letters approved the processing of land clearing debris and "white goods" as being within the "spirit and intent" of the order, but also allowed "stockpiling of debris" for 5 days. In this case, the 1st version of the letter on April 20, 1995 provided a way for citizens to challenge it, while the 2nd version on May 16 removed that provision. Note also that the letters are signed by a "Planner II", not someone who is authorized to be signing official documents. These "Spirit and Intent" letters permit "stockpiling of debris" for five days.
- August 1, 2008, Code Enforcement complaint for junkyard use without Special Exception, closed Feb 14, 2014. (County website has deleted information concerning all the intermediate actions.) Other records I have saved from the time indicate that it was closed the week of January 16, 2011
- 2010-0338-SPH, "to confirm existing use is an illegally operating junkyard". Petitoners were Maryland Food Bank and Preston Jakarta, HFR II, LLC, neighboring businesses. Withdrawn on April 22, 2013, apparently due to an agreement.
- 2014-0178-A, variance for setbacks (Alderman)
- 2014-0278-SPH, Special Hearing to deterimine if a "junk yard" and therefore illegal (Gillis) - ALJ "granted" the request, but the Order of October 1, 2014 is unclear what that means. (The Orders are always confusing when the petioner is asked for some use to be declared illegal. These cases are unusual, but necessary when Code Enforcement refuses to take action.)
(The two cases had different lawyers representing the petitioners although they were combined into one hearing. It is believed that the 2nd was filed by someone else in opposition to the junk yard. Edgar Johnson testified.)
Contributions from Recovermat Mid Atlantic to Council members around this time (and later):
- 2 Dec 2014, $2,500 to Marks
- 9 Mar 2015, $2,500 to Crandall
- 9 Mar 2015, $2,500 to Bevins
- 11 May 2015, $1,000 to Bevins
- 13 May 2015, $500 to Crandall
- 28 May 2015, $2,500 to Jones
- 2 June 2015, $2,000 to Kach
- 31 Aug 2015, $500 to Jones
- 18 Oct 2016, $1,000 to Marks
- 7 Nov 2016, $1,000 to Crandall
- 7 Nov 2016, $1,000 to Bevins (making $4,000 for the period)
- 18 Jan 2017, $1,000 to Jones (making $4,000)
- 2 June 2017, $1,000 to Marks
- 9 Aug 2017, $1,000 to Crandall
- 1 Dec 2017, $1,000 to Jones (making $5,000)
- 5 Dec 2017, $2,500 to Crandall
- 5 Dec 2017, $2,500 to Bevins (making $7,500 for the period)
- 25 Jan 2018, $1,000 to Marks
- 12 Mar 2018, $1,000 to Jones (making $6,000)
- 25 Apr 2018, $2,500 to Quirk
- 6 Sept 2018, $1,000 to Marks
- 11 Feb 2019, $1,000 to Marks
- 28 Aug 2019, $1,000 to Jones
List is incomplete
(Seems to be the "gift that keeps on giving", and just about everyone is bellying up to the trough.)
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