From the Office of the People’s Counsel of Harford County:
September 10, 2013
Robert S. Lynch, Esq.
Stark & Keenan, P.A.
30 Office Street
Be1 Air, MD 21014
RE: Board of Appeals Case No. 5781
Evergreen Business Trust
Peak Management, LLC
Dear Mr. Lynch:
Based on our recent meetings and telephone conversations it is my understanding that your client is agreeable to the incorporation of the following conditions into Board of Appeals Case No. 5781. The conditions which your client has agreed to are set forth as follows:
1. The Applicant shall meet all Adequate Public Facilities requirements as determined by the Director of Planning and Zoning and the Director of Public Works.
2. The project shall be developed as generally shown on the Site Plan (Exhibit 11, submitted to Board), with modifications as set forth in these conditions. No more than 198 dwelling units shall be approved.
3. A Site Plan plan meeting all conditions set forth in the approval and all standards of the Harford County Zoning code and Subdivision Regulations shall be submitted for review and approval to the Development Advisory Committee.
4. Active and passive open space shall be provided in accordance with the standards of the Zoning Code. A detailed recreation plan shall be submitted to the Department of Planning and Zoning for review and approval and shall be generally consistent with the Open Space & Landscaping Plan. (Exhibit 12 submitted to the Board)
5. A landscaping plan generally consistent with the Open Space & Landscaping Plan (Exhibit 12 submitted to the Board) shall be submitted to the Department of Planning and Zoning for review and approval.
6. The multi-family units shall be constructed so as to be similar in appearance and materials to the architectural renderings submitted by the Applicant to the Board.
7. The Applicant shall schedule a Community Input Meeting prior to submission of the Site Plan to The Development Advisory Committee.
8. All residential units will be offered at market price.
9. The Applicant will inform the People’s Counsel of proposed substantial changes to the Site Plan.
10. All proposed mitigation for impacted intersections shall be in accordance with Adequate Public Facilities and must be approved by the Department of Planning and Zoning and the Department of Public Works.
11. The Applicant shall construct and maintain a board on board fence (or a fence of similar material) or a rolling berm or a combination thereof, of at least six feet tall to be installed west of Tollgate Road along the northern property line of the Site to discourage trail users from encroaching onto the adjacent residential property. This fence or berm shall start at the southeast corner of Tax Map 56 Parcel 166 and shall extend west & terminate at the northwest corner of Lot 2, Parcel 591.
12. The Applicant shall plant a vegetative buffer generally consistent with the Open Space & Landscaping Plan. (Exhibit 12, submitted to Board)). Initial planting of 5-6 foot evergreen trees shall be within the twenty (20) foot buffer and said trees shall achieve at maturity an anticipated height of at least 25 feet. The trees along with a variety of shrubs are intended to provide a year-round evergreen landscaped buffer. This vegetative buffer shall extend from the northwest terminus of the Stormwater Management Pond, as shown on the Site Plan (Exhibit 1 I), to the southwest corner of Lot 2 Parcel 591
Based on our understanding, since your client is agreeable to the imposition of these conditions, I as People’s Counsel agree to withdraw my appeal. I also agree not to raise any objection to your final argument this evening and will be withdrawing from this case. You have also agreed to my bringing this settlement agreement to the attention of the County Council and my request that these conditions be incorporated into their final decision. If the conditions as set forth above and the terms of this agreement are acceptable to you, please indicate your concurrence be setting forth your signature below. Upon receipt of your signature, I intend to transmit this settlement agreement to Ms. Melissa Lambert, County Council attorney, so that she can bring it to the attention of the County Council.
Brian K. Young
On behalf of Evergreen Business Trust and Peak Management LLC I hereby consent to the imposition of the conditions as set forth above and understand as consideration of these additional conditions Peoples Counsel will withdraw its appearance from this case and take no further legal action.