Depositing Grass Clippings and Leaves in our Streets

Unfortunately, some of our residents blow their grass cuttings and leaves into the street rather than bagging them for pick-up. This practice violates Baltimore County Code. It also looks unsightly, clogs the gutters and storm drains and certainly does not add to the image that we would all like for our neighborhood.

Home collection of yard waste including grass clippings and leaves are picked up between April and December. Yard waste should be set out in paper or plastic bags, not in trash cans. Bags must not weigh more than 30 pounds. Leaves can also be composted or taken to the County dump.

The following section of the Baltimore County Code was obtained from Mr. Donald T. Rascoe, Deputy Director, Department of Permits and Development Management:

18-3-109. DEPOSITING CERTAIN MATERIAL IN THE STREET.

A person may not place, deposit, cast, or throw on or into any road, street, sidewalk, lane, alley, bridge, or drain in county: (1) Any metal, wood, glass, nails, grass clippings, leaves, or other object or article; or

(2) Any dead animal, offal, garbage, ashes, fruit, dirt, filth, rubbish, noxious fluid or substance, or refuse of any kind.

206 West Timonium Road - Spencer's Crossing

Clearing the property at 206 W. Timonium Road began this spring. By early May the existing house on the property had been demolished and the trees and shrubs on most of the property removed. According to Michael Sabracos everything has taken longer than expected due to all the rain we have had this spring. Construction of the storm water management ponds is now underway. At the request of Baltimore County, additional stones were added to the culvert in the Baltimore County right-of-way on the north-east corner of 206 W. Timonium Road. These stones will act as filtration for water leaving the property. Baltimore County continues to monitor the construction of the ponds and approval is expected by the time residents receive the Pine Log.

The next step in the process is the construction of roads, sewer, and utilities. Michael Sabracos expects that construction of the model home will begin in mid-July and will be completed approximately 60 days after it is begun. Marketing materials are currently being developed for the property and Krauss Real Property Brokerage will be handling the sales.

As residents may remember, ten semi-detached houses are to be built. According to Michael Sabracos each home will be approximately 3,200 square feet and have master bedroom suites on both the first and second floors. The homes will also have two car garages and elevator options. The outside will be a combination of stone and siding. The homes' open floor plans will be similar to those at the entrance to Jenifer Ridge. The houses at Spencer's Crossing have not yet been priced, but the comparable ones in Jenifer Ridge are selling for more than $900,000.

Maryland State Fairgrounds Request for Zoning Change

You no doubt have seen the signs at the entrances of our community regarding important zoning meetings. Several motivated and interested community members have been diligent in staying abreast of these issues, and we want to give you an update on these issues.

Every four years the County Council reviews and revises the Baltimore County zoning maps as required by the Baltimore County Code. This process is called the Comprehensive Zoning Map Process (CZMP) and is currently taking place. There have been many county notification signs placed throughout our neighborhood regarding down-zoning of county owned property to avoid further development. If you have received a letter from the county regarding property adjacent to your property, please make sure the boundaries of these county properties are properly recorded. We have already found one neighbor whose entire property was inadvertently designated to be rezoned! Please be diligent in making sure YOUR property lines are protected in this process. It could affect the ability to sell your house in the future.

The most important CZMP issue to our community is the request to rezone the Maryland State Fairgrounds (MSF).

The MSF is owned by a private corporation, not the State of Maryland or Baltimore County. The MSF management group has requested that their 100+ acres be rezoned BR - Business Roadside to accommodate a request from their tenant, Fasig-Tipton to increase the number of horse stalls by 200 for their auction operations. BR is the most permissive commercial classification and permits and includes BM - Business Major zoning and BL - Business Local zoning. We are opposing this zoning classification for the following reasons:

We are concerned about the potential for increased traffic, increase in crime, increased emergency response times and lower property values that could accompany the BR Zoning.

We want to ensure to vote in November on the slots referendum. By providing this property with a BR classification, the potential introduction of a slots venue at the MSF is a concern for future generations of PVVW residents. And, although the referendum does NOT include the MSF for slots inclusion (or any Baltimore County location for that matter) we oppose the BR designation as a way to avoid the possible future inclusion of slots at the MSF.

Your Board has recommended to our County Councilman T. Bryan McIntire and the Greater Timonium Community Council (GTCC) that another zoning classification be considered for the MSF expansion of horse stables.

Our Association's President Eric Kihn, VP Ken Anderson, members of the Adhoc Maryland State Fairgrounds Zoning Committee and GTCC's President Eric Rockel and Past-President Lou Miller have met with the management of the MSF, have testified at the Planning Board's Hearing and Councilman McIntire's Town Hall Meeting to show opposition to this zoning change. GTCC President and Lou Miller are also meeting with Pat Keller, the Director of the Office of Planning. Our Association also had representation at The Valleys Planning Council annual meeting on May 11, and GTCC meeting on May 12, both of which featured Councilman McIntire as the speaker on this and other major zoning issues.

At the May 12, 2008 GTCC meeting, Councilman McIntire stated that he is going to make a request for separate zoning for the small parcel intended for the new stables (separate meaning different than the present MR- Manufacturing Restricted and IM-Industrial, Major). McIntire is going to determine the smallest amount of acreage necessary for the new stables. Eric Rockel mentioned that in his research that only two zoning classifications BR - Business Roadside and MH - Manufacturing Heavy are allowed by right for animal boarding. While neither of these classifications is desirable, MH is the lesser of the two evils. Even so, we are leery about any decision to allow a BR classification for this property. Councilman McIntire indicated that he has not made a final decision on this issue.

The County Council takes the Planning Board's recommendation into consideration when making their decision. The Planning Board has voted to recommend 15 acres of the 100+ acres to BR. This is too much acreage for their current needs and gives them to large an area classified under BR. However the County Council has the sole authority to determine the final zoning on each property.

It should be noted that during our meeting with the current MSF management team, they indicated that their board of directors wants to maintain an agricultural, community based venue, and NOT a commercial development. There is no inherent incentive for the sale of the MSF since, according to the management, any proceeds would have to go to charity, or they would have to move to another, potentially less desirable location.

Our Association is actively involved in defeating the rezoning to BR of any portion of the MSF and we ask that you also take an active role. Please do the following to show your support:

Please send letters (one from each adult in household) to be received by June 20th to:

Councilman T. Bryan McIntire
Baltimore County Council
400 Washington Avenue
Towson, MD 21204

Remember that there is strength in numbers. We defeated the request for commercial zoning at 206 W. Timonium Road and we can make sure the proper zoning of the MSF is implemented to ensure long term stability in our neighborhood.

Open Burning

Leaf and yard debris burning on the ground or in a container is prohibited in Baltimore County. Even when there isn't an Open Burning restriction issued by the state, it is still not permissible to burn in neighborhood yards or open areas. Baltimore County urges residents to make use of the various recycling opportunities offered residents to remove leaves and yard waste by bagging and placing it at the curb for pick up. The landfill is also open regularly for drop off of debris and bags.

Not only is open burning in your yard a hazard to air quality and the quality of life for neighbors, children, pets and wildlife, it is a fire risk and it is illegal.

Neighborhood Lawyer

"The Neighborhood Lawyer" is a column which appears periodically in The Pine Log. The purpose of the column is to provide information on legal issues affecting our neighbors and neighborhood. The author invites Association members to submit general legal questions to Pine Valley - Valleywood Community Association at feedback@pvvwca.org . Keep in mind that each legal situation is different. This column is not intended to give specific legal advice. If you have a specific legal problem, please consult your attorney.

Dear Neighborhood Lawyer:

I have a tree problem. My neighbor's tree overhangs my sunbathing patio and I want some sun. Its roots are also clogging my drain lines and wrecking my cement patio. Can I cut the tree, or any part of it, down? I am afraid if I chop the large roots it will destabilize or kill the tree. Also, my neighbor on the other side wants to cut down a tree that provides my house some shade, can I prevent her from cutting the tree? Treeless in Pine Valley

Dear Treeless:

I would advise you against cutting down your neighbor's tree. Maryland actually has a law that would make you liable for three times the value of the tree plus your neighbor's attorneys' fees if you cut down a tree that does not belong to you. You are permitted to cut any branches or roots up to your property line, but you may not enter your neighbor's property to do so unless you first ask permission. If the tree in question is dead or dying and in danger of falling then it is the neighbor's responsibility to remove the tree and he will be liable to you if the tree falls on your property and causes damage. As for the neighbor's tree that you wish to keep, you have absolutely no right to dictate what your neighbor does with his vegetation.

Trees are a valuable resource -- they provide shade and reduce our energy costs. We are fortunate that the developer elected to maintain the trees rather than cut them all down, and I have been told by many new neighbors that the trees were one of the reasons they chose a home in our neighborhood. The best solution to your problem is to speak with your neighbor. Together you can decide on the best way to manage the trees which benefit both of you.

The Neighborhood Lawyer

Dog Walkers

When we park our cars in the street, we know to dodge the many pet waste deposits on the grass between the curb and sidewalk, but unfortunately our guests who park on the street are not aware of dodging the waste deposits and interface with them. Both on Christmas day and New Years day I had to spend much time cleaning up the deposits that were tracked into and throughout our home - very, very frustrating!

PLEASE, if you walk your dog, be responsible for cleaning up your dog's waste deposits and a grateful thank you to those of you who do clean up after your pet.

Note: the Animal Laws: Baltimore County Code Title 6, 8. Owners are responsible for the removal of pet waste on public and private property. Animal Control Officers are empowered with enforcement authority for state and local laws involving animals. Persons violating these animal laws may be subject to fines. First offense: $25 fine. Repeated Offenses: $100 fine. Criminal penalties may also be imposed with up to $1,000 in fines, up to ninety (90) days in jail, or both.