[ back ]
Size of new home worries Hunting Valley neighbors
(by Sali McSherry - August 19, 2009)
Size of new home worries Hunting Valley neighbors
By SALI McSHERRY
Hunting Valley Village Council last week unanimously approved a proposed final plan for a house with a footprint of about 4,900 square feet and a pool at Charles Marotta's conservation development district. The architectural board of review had recommended approval.
Two neighbors in the district, which also is known as Lake House Condominium of Hunting Valley, said they are concerned that the size of the structure is too big and the addition of a pool would create noise.
The neighbors, who referred to 9,600 square feet of living space to describe the proposed house, included the basement and a basketball court in their calculations. They said they're concerned that their property values would decrease, because the proposed house doesn't fit in. Their attorney, Shawn Maestle, of Weston & Hurd, voiced their concerns at the meeting.
The six-lot, cluster-style development surrounding a lake off of Fairmount Boulevard is home to only two residences, with footprints of an average of about 4,000 square feet, Mr. Marotta said.
Residents John Miller and Brian Coughlin also objected to the proposed house. They said they were told that the district would provide an alternative for empty nesters looking to downsize. The proposed house is for a family with four children.
No variances were requested on the proposed new house, Mr. Marotta said. It's all within code, and, in fact, he said, the code would allow for an additional 1,000 square feet. Also, he said, the new house is 25 feet lower in elevation than the next closest house.
The house will be built by the same architect, Anthony Paskevich, who designed the other homes, and it will be constructed using the same materials, Mr. Marotta said.
Ted Sande, one of two architects on the architectural board of review, voted against approving the final plan. He said his concern is that the size of the house is too big. Norm Parttula, the other architect on the board, did not attend the July meeting.
Mr. Marotta's attorney, Thomas Lee, said at a July 13 architectural board of review meeting, the project had not been established as an empty-nester community and that to require such a development would be a violation of the Fair Housing Act.
At last week's council meeting, Mr. Marotta said the house, which is at the end of the road, is 250 feet from the nearest house, which is owned by Mr. Miller. The pool would not be visible by neighbors because of tree plantings.
The neighbors reiterated their objection to noise from the pool area.
Mr. Lee said last month the village already had approved the pool and the time to appeal that action had expired.
Village Law Director Stephen Byron asked Mr. Maestle if he had authority that supported his position that if a zoning code permitted a house of a certain size, the architectural board of review could insist on a house of a lesser size than is permitted by the code based on aesthetic issues.
Mr. Maestle said the aesthetic judgment was in conflict with the square-footage issue. He said there would be no reason for an architectural board of review if it didn't have the authority to decrease the square footage based on aesthetic issues.
Mr. Byron said, "The village charter gives council the authority to hear appeals from the architectural board of review. The charter and ordinances of the village also establish the standard of review to be applied to such appeals. Based on that standard, the council concluded that the appellants had not proven that the architectural board of review's decision was erroneous."
[ back ]
