O'Malley Dives Into Rift On Shore Development

The controversy prompted an unusual visit to the site yesterday by O'Malley, Comptroller Peter Franchot (D) and Treasurer Nancy K. Kopp (D) after a hearing on the wetlands permit two weeks ago that pitted Hovnanian officials against Kent Island activists for four hours. The three got a primer in plats and maps, phosphorus and nitrogen loads, and storm water from state environmental officials as Hovnanian representatives, company lobbyists and opponents looked on.

O'Malley said after the tour that the board must weigh the developer's due diligence against the state's duty to do "what is in the public interest." He said the case could prompt his administration to review long-standing policies about development on environmentally sensitive land. "There may well be a lot of important lessons to learn from this." Behind him, opponents held signs that read "Governor O'Malley, Please Save our Bay. Stop 4 Seasons."

The planned development would mix five-story condominium towers and single-family homes at the gateway to the Eastern Shore, a waterman's paradise quickly becoming a distant suburb of Washington and Baltimore. Almost 90 percent of the property, 372 acres, lies in what the state calls a "critical area" 1,000 feet or less from the shoreline. Under a 23-year-old law, local governments can set aside some of their sensitive land for development provided builders construct buffers and manage storm water and other systems to limit runoff into the bay.

The state approved the designation for Queen Anne's in 2000. Around then, with state approval, local officials designated the Hovnanian property an area where development could be concentrated.

"Why was this declared a growth area?" asked Jay Falstad, a farmer and member of the Queen Anne's Conservation Association. "A majority of the public is fiercely opposed to this."

Several local officials have lost their seats over Four Seasons, which has generated numerous lawsuits from opponents. One is on appeal after a Circuit Court judge found that county maps of the protected land were inaccurate and carelessly drawn and ordered them redrawn.

The local board cannot weigh in on the project Wednesday. Hovnanian sued the county for stalling the project years ago, and a 2003 settlement restricts officials from making negative comments about the project.

"We discovered they were all bullied and intimidated into silence," said Franchot, who first flagged Four Seasons to the Board of Public Works as a project needing scrutiny.