The Falls Road Community Association

Associational Standing Bills Status Report #2

STANDING IN THE COURTS

In 2005 the FRCA filed an appeal to the Court of Special Appeals in Annapolis. It was our belief that the storm water management proposed for development of the Smyth property on Padonia Road did not meet Maryland State Law. With us on the appeal were five individuals whose properties abutted this planned residential development.

The developer then sent letters to the five individuals and to the FRCA suggesting potential litigation, and the individuals thereupon asked that they be dropped from the case.

The developer then asked the Court of Special Appeals to dismiss the case, because the RCA, as the lone remaining appellant, did not have legal “Standing”, and the case was dismissed.

Last year we worked with our 11^th District Delegate, Dr. Dan Morhaim, and drafted proposed legislation that would give non-profit community and homeowner associations “Standing” in the State Courts. As we have reported to you, we were stopped in the House Judiciary Committee.

This year, we are trying again -- drafting proposed legislation with Dr. Morhaim’s help, and will be working with our County Councilman, Kevin Kamenetz, to have a bill that the Maryland Association of Counties would approve and support..

We may be able to have the Chesapeake Bay Foundation join with us – they lost an appeal in Anne Arundel County on lack of “Standing”. They did win an appeal with “Standing” in the Virginia Supreme Court.

Some things are never easy -- someone once said you haven’t failed until you quit trying.

What is the FRCA?

The Falls Road Community Association, Inc. (FRCA) was established almost sixty years ago. The association’s primary focus then and now is to unite residents in a coordinated effort to prevent, limit or modify unwise and improper land use. As we all know, our area has experienced rapid growth, similar to other areas in Baltimore County; however, the difference here has been that unbridled, irresponsible development has not taken root. This is no accident. Many groups and individuals have been willing to step up and be involved in expressing their concerns about questionable zoning, development and regulations and following through with action. Often the FRCA has been in the forefront of such efforts.

The FRCA is a totally volunteer organization and we seek and urge area property owners (the stakeholders in our area) to make their voice known by joining the FRCA, volunteering to serve on the Board and by financially supporting its activities. The officers and other Board Members are a diverse group of business and legal professionals, small business owners, active and retired, and homemakers joined by a common passion to preserve the special way of life we enjoy in this area.

We are neither anti-development nor anti-developer. We ARE for responsible, well-conceived and executed land use. We are all property owners who are concerned about property values, growing congestion, traffic safety and, where at all possible, the preservation of open spaces. Sometimes these issues appear to be in conflict with each other on a particular project or land use change. We, therefore, seek out the opinions of our membership and other directly effected residents in order to develop an effective strategy to deal with the issues. We, therefore, need your participation!

Our influence is profound since we have a membership of over 500 families and a very active and committed Board. We have become quite effective over the years in our dealings with developers, elected officials, county and state agencies and other constituents involved in land use, and we are getting better.

At minimum join the FRCA. Better yet become involved as a participating member. Call any Board member for more information or to attend one of our monthly meetings.

LUTHERVILLE COLLISION AND TRUCK CENTER

See the May 2007 update on this issue. Pay attention to this!!! Last November the County Zoning Commissioner, Timothy Kotroco, ruled the Collision and Truck Center must discontinue operations on the property at 10905 Falls Road owned by the Long family. Meanwhile, the Center has continued operation, expanded its access to Falls Road without the required Maryland State Highway permit, and paved the Long property yard adjacent to Falls Road. The SHA has ordered him to restore the property to its former state. Now they are going to try an end run and rezone the property BM (business - manufacturing). BM, you know, the same zoning the Hunt Valley Mall developers are trying to get. The FRCA continues to support the immediate residents on Falls Road in opposing operation of the Lutherville Collision and Truck Center on the Carroll Long property. Read the text of the decisions to date.

Meadowood Recreation Center

Our friends at the Valley's Planning Council are working with Recreation and Parks to address local community concerns over the lighting at the Meadowood Recreation Center. Read the text of the letter.

Power Washing Those Signs Away

Have you seen the Power Washing signs, the lawn service signs posted on anything that’s vertical up and down Falls Road? Those vista-enhancing commercial signs, that add so much to the scenic byway we drive every day? Well, they’re illegal! To date the penalties for posting these obnoxious little signs have been rather anemic, but the State Highway Administration is putting through a change to make the illegal posting of commercial signs tantamount to littering. That’s up to $1000 per sign for the government coffers.

Volunteers have removed over 300 signs in the past 16 months. Although the offending companies seemed to have stopped their posting, it is due more to the cost and futility of replacing the signs than to repeated phone calls telling them to stop. Post it in the morning and it will be gone by afternoon. You can read the rules on the SHA website: Sign Posting Rules and Regulations

Help improve the safety of Padonia, Ivy Hill and Boxer Hill Roads

Please remember to drive the posted speed limit while on Padonia, Ivy Hill and Boxer Hill Roads -- this is not meant to condone speeding elsewhere. There is a terrible problem with speeding in this area, and if developers have their way, the situation will only get worse. The strict observance of the speed limit will inconvenience some of the hundreds of drivers who choose to use Padonia, Ivy Hill and Boxer Hill as their personal autobahn, but they do have alternate routes. Do your part and perhaps we'll all live a bit longer.