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 3rd 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.

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.

Upper parcel(98.6 acres)

Lower parcel(55.2 acres)

Shelley’s Fields sits inside of the

triangle formed by Middletown,

Beckleysville, and Cotter Roads.The Shelley’s Fields property

is outlined in yellow

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 DEPRMAccessed at www.baltimorecountymdgov/Agencies/environment/watersheds

An aerial view shows the proximity of the Shelley’s Fields

site to Prettyboy Reservoir

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.

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”

These photographs were taken from the Cotter HouseProperty, which adjoins the Shelley’s Fields site.

Dykes Creek

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.

WETLANDS

SPRINGHEADS

STREAMS

ATHLETIC FIELDS

STORAGE SHED,RESTROOMS & PAVILLION

PAVED SURFACE

LEGEND

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

Two houses already stand south of Cotter Road on the lower parcel. The developerplans 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 impervioussurface to Prettyboy Direct Drainage 3, which already stands at 1.7% impervious cover.

WETLANDS

STREAMS AND PONDS

EXISTING HOUSES

PLANNEDHOUSES

PAVED SURFACE

DYKES CREEK

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.

• 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 plan places

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 PrettyboyReservoir 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