Why we re against the SHELLEY S FIELDS development plan

Why we re against the SHELLEY S FIELDS development plan

BACKGROUND In late 2004, developer Randy Shelley and a representative of the Hereford Zone Recreation Council unveiled a development plan known as Shelley s Fields that would place 19 housing lots plus recreational facilities including 6 playing fields, a 32,000 square foot indoor arena, and parking for 632 vehicles on a 154-acre parcel in Freeland, Md. Shelley had been granted a zoning change during the 2004 Comprehensive Zoning Map Process (CZMP) through the intervention of 3 rd District Councilman T. Bryan McIntyre. After a cursory examination of the site as he drove along Middletown Road, McIntyre decided that this was an appropriate site for a few fields for area recreation leagues to play on.

The overwhelming majority of Freeland residents opposed the plan as completely out of character for the area. After months of debate a compromise was reached that downsized the playing fields to four, reduced the parking spaces to 337, and eliminated the indoor arena. 18 housing lots remain in the development plan, the majority of them to be built in a heavily wooded area on a steep slope above the Prettyboy Reservoir. 23 landowners from the Freeland area have filed suit to stop this development. The suit challenges 3 aspects of the development plan, alleging that Shelley s Fields is: 1. Contract Zoning (Shelley is allowed to build additional houses in exchange for playing fields) 2. Spot Zoning (this development is totally out of character for the area) and that 3. The development plan for the upper parcel includes 3 lots where only 2 are allowed by zoning. At the present time, construction has halted after the foundation was built for a model home on Cotter Road. The case is currently on appeal in Baltimore County Circuit Court.

Upper parcel (98.6 acres) Lower parcel (55.2 acres) This is a map of Shelley s Fields, the site of a proposed development in Freeland in Northern Baltimore County, MD. It consists of an upper parcel which is presently in a natural state, covered with woods, meadows, and streams, and a lower parcel with two existing homes and acres of old growth forest and streams which flow into Prettyboy Reservoir.

The Shelley s Fields property is outlined in yellow Shelley s Fields sits inside of the triangle formed by Middletown, Beckleysville, and Cotter Roads.

Shelley s Fields is located within the Prettyboy Watershed, an 80 square mile region in northern Baltimore and Carroll Counties in Maryland and southern York County, PA. Prettyboy Subwatersheds map produced by DEPRM Accessed at www.baltimorecountymdgov/agencies/environment/watersheds

Prettyboy Reservoir An aerial view shows the proximity of the Shelley s Fields site to Prettyboy Reservoir

The Prettyboy Reservoir Watershed Restoration Action Strategy (WRAS) report prepared by the Baltimore County Department of Environmental and Resource Management (DEPRM) dated January 2008 designates this area as Prettyboy Direct Drainage 3. The report states that the need for preservation and restoration in this area is Very High.

Prettyboy Direct Drainage 3 In Direct Drainage Area 3, the water is described as very high in nitrogen and phosphorous. High phosphorus and nitrogen levels are present as a result of failing septic systems, over fertilization of lawns and gardens by homeowners and of fields by farmers. (Source: Prettyboy Watershed Alliance.)

This watershed profile, obtained from the State of Maryland s DNR website, shows that the Prettyboy Reservoir is presently failing in several key indicators. (accessed at http//mddnr.chesapeakebay.net/wsprofiles)

Prettyboy Direct Drainage 3 The Prettyboy Reservoir Watershed is included on Maryland s Section 303(d) List. The Watershed is impaired by fecal bacteria, impacts to biological communities, mercury, and nutrients. The U.S. Environmental Protection Agency, under the Clean Water Act, has established guidelines to ensure that Maryland s Department of Natural Resources will work to attain and maintain acceptable water quality standards in the Watershed.

Baltimore County's Master Plan for 2010 establishes the Prettyboy Watershed as a : resource preservation area, agricultural preservation area, and historical and scenic area. This map, prepared by North County Preservation, shows that many surrounding properties have been placed in conservation easements. This means these property owners have given up their development rights in order to preserve the rural character of the area and protect its natural resources.

This satellite view shows that more than half of the site is covered with forest. According to the Master Plan, the forest plays an essential role in the natural functioning of a stream system, including..controlling water temperature, controlling pollution, and providing habitat.

A detail of the NCP map shows the property labeled as a Trout Subwatershed and Potential Forest Interior Species Habitat. Note also the location of a 100 Year Floodplain on the southwest border of the site.

DYKES CREEK A detail of the watershed map. The magenta line is the border of the watershed, which parallels Middletown Road. Streams that originate on or near the property feed into Dykes Creek on their way into the reservoir.

Dykes Creek These photographs were taken from the Cotter House Property, which adjoins the Shelley s Fields site. The creek, which drains from this property and flows directly into Prettyboy Reservoir, is habitat for native brook trout. It has been described as a gin-clear stream

The streams feed directly into Prettyboy Reservoir, about 4,000 feet away.

Six springheads feed streams running through the property, flowing into areas identified as wetlands. The development plan for the upper parcel includes two new houses, four athletic fields, a storage shed, pavillion, restrooms, playground, and 338 paved parking spaces. The two houses and parking area would have access roads from Middletown Road. LEGEND WETLANDS SPRINGHEADS STREAMS ATHLETIC FIELDS STORAGE SHED, RESTROOMS & PAVILLION PAVED SURFACE

These access roads would require the widening of Middletown Road, which is presently a two-lane country road. This widening of the road would come at the expense of neighboring land owners, as Baltimore County retains control of the property along the road.

The detail of the entrance to the playing fields shows the addition of bypass, acceleration, and deceleration lanes to Middletown Road an added 24 feet of paved surface. The entrance road is 40 feet across. A significant amount of impervious surface is added to the upper parcel by these features.

LEGEND WETLANDS DYKES CREEK STREAMS AND PONDS EXISTING HOUSES PLANNED HOUSES PAVED SURFACE Two houses already stand south of Cotter Road on the lower parcel. The developer plans to build 16 additional houses on the north and south sides of Cotter Road. The houses and additional paved surfaces will add a significant amount of impervious surface to Prettyboy Direct Drainage 3, which already stands at 1.7% impervious cover.

In late July 2008 land was cleared of trees and construction begun for one lot situated on the north side of Cotter Road next to Dykes Creek.

A view from Cotter Rd. of the lower portion of the development, closest to Dykes Creek. The picture gives an idea of the steep slope of the property in relation to the creek. If allowed, this development will continue to deforest a sensitive area where the WRAS recommends reforestation - Prettyboy Direct Drainage 3.

These pictures show the environmental impact from clearing the site for an access road and laying the foundation for one house. Seventeen more houses are included in the development plan.

This development plan places 4 athletic fields a pavillion restrooms storage shed 338 parking spaces paved access roads for upper and lower lots 18 new houses 4000 feet from a critical water supply for Central Maryland

This development is not consistent with the guidelines established by Baltimore County s Master Plan 2010. It establishes a dangerous precedent wherein a suburban development is allowed in a significant agricultural, scenic, historic, and resource conservation area.

In conclusion According to Master Plan 2010, this property is located within the Prettyboy Reservoir Watershed Protection Area. Streams on and around the property drain into Prettyboy. The streams that flow into Dykes Creek, which runs under Cotter Road on the southern end of the property, empty into the Prettyboy Reservoir. The current development plan brings suburban development and density into a protected watershed area. The planned development places 18 new residential lots on this sensitive property. One house for every four to eight acres can degrade a wetland ecosystem. The impervious area created by additional housing development and the development proposed for the remaining 98.5 acres will affect this watershed drainage area -- and its plant and animal habitat. According to Master Plan 2010, "Wetland and riparian vegetation play an essential role in the natural functioning of a stream system, including maintaining base flow, controlling water temperature, controlling pollution, and providing habitat." This property contains forest interior species habitat It contains several springheads and wetland areas and is a significant sub watershed for native Eastern brook trout. Native brook trout are disappearing from non-tidal streams and are identified as a "Species of Greatest Need of Conservation" by the Maryland Department of Natural Resources.

In Conclusion According to the DNR, trout streams begin to decline when development covers more than 2% to 4% of a watershed drainage area with impervious surfaces. It is essential to limit development near streams with brook trout to limit chemical discharges and other sources of contamination. Aquatic resources begin to decline whenever land in a watershed area is disturbed by construction. The damage is permanent. According to the Master Plan, this property is located in a scenic and historic resource area. Specifically, Middletown and Cotter Roads, adjacent to the Shelley s Fields proposed development, are designated as "significant scenic roads" and should be preserved to enhance the county's significant scenic resources. If this development is allowed to proceed, there will also be a negative impact on area roads and schools. If this development is allowed to proceed, the resulting development will affect Prettyboy Elementary, currently at greater than 120% capacity, and Hereford High School, which is currently at 110% capacity. Each new single family home generates an estimated 10 trips per day on local roads. Rural roads in Freeland are often just 18 to 20 feet wide. In addition, the recreational fields proposed for the property could produce a peak traffic count of approximately 600 vehicles per hour. All of this additional traffic will severely overburden local roads, particularly Middletown Road.

In Conclusion The current zoning for this property permits development that is not consistent with Baltimore County's Master Plan 2010 and watershed protection. If this development is allowed to proceed, it will set a precedent for continued concentration of development in this area. Sources Baltimore County Master Plan 2010 Expert Testimony Shelley s Fields Development Hearings North County Preservation (NCP) Reports and Documents Community & Environmental Defense Services (CEDS) Resources Copyright 2010 Friends of Freeland MD