Wayne Davis, shown accepting the St. Mary’s County Chamber of Commerce 2013 Lighthouse Award.

Leonardtown, MD — The Commissioners of Leonardtown have approved the annexation into town of 241 acres along Hollywood Road and the rezoning of the properties to be annexed. While those approvals were unanimous and without controversy, such was not the case for another rezoning heard by the council at its Aug. 10 meeting.

The commissioners on a 4-1 vote did approve the rezoning from single-family residential to multi-family residential to allow for four townhouse units on 1.3 acres off Fenwick Street. The landowner, Wayne Davis of W.M. Davis, Inc. argued that the character of the neighborhood in which his property was located had changed, one of the two reasons under state law for granting a rezoning (the other is a mistake in the original zoning).

The Leonardtown Planning and Zoning Commission at its July 20 meeting recommended approval on a 2-1 vote of the rezoning over objections of several neighbors in the five-home neighborhood immediately adjacent to the Davis property. Several of them renewed their objection before the town commissioners.

Francisco Fernandez refuted Davisโ€™ contention that the Foxwell Condominiums and the approved Hamptons apartment project constitute a change in the neighborhood. Fernandez contended that Town Run and the St. Aloysius Cemetery acted as a natural barrier and their neighborhood of older single-family homes wasnโ€™t the same. โ€œItโ€™s a different neighborhood not a change in the neighborhood,โ€ he said. He added, โ€œThis is our little neighborhood that has been here for 100 years.โ€

Several residents expressed concern about the impact of development runoff into the cemetery. And Carolyn Farren said there was a possibility that there may be some gravesites on the area to be disturbed for the proposed development.

Councilwoman Leslie Roberts, in voting against the rezoning, agreed with the residentsโ€™ contention that there hadnโ€™t been a change in the neighborhood. But she warned that Davis under his current zoning would have the right to eight single-family residences, which could have a greater impact on the neighborhood. She said the four townhouses could be โ€œvery much less invasive.โ€

The other four councilmen went along with the rezoning. It turned out that they all have relatives buried at the St. Aloysius Cemetery, so they said they would be very protective of anything happening to it. And Councilman Tom Combs has an extra incentive. He has a burial plot in the cemetery. โ€œWayne (Davis) will protect it. I am going to be looking up (at the development),โ€ he said to laughter from the audience.

Councilman Roger Mattingly lives in Foxwell Condominiums and he said he believed the whole Fenwick Street corridor, and in fact the entire downtown, constituted one neighborhood that had been undergoing constant change.

Before the decision on the townhouse rezoning, the council unanimously approved the annexation into town of 13 properties constituting 241 acres. The bulk of the total is in two large farms (Wathen and Wilkinson) owned by Quality Built Homes of Leonardtown.

According to Mayor Dan Burris, the developer is planning 100 homes on the Wathen farm which is closest to downtown, but has no specific plans for the Wilkinson Farm. Development of the Wilkinson farm would require an upgrade of the town sewage treatment plant.

The approved annexation referenced the 100 homes on the Wathen farm, but that was not an official part of the annexation agreement. Any development plans would have to go before the planning commission and then the town council at least twice.

The two farms were rezoned for Planned Unit development, the same of the other large tracts of land in town. Other properties in the annexation were zoned single-family residential and commercial office.

Mayor Burris assured everyone at the public hearing that potential traffic from the development of the annexed land would be addressed, but was ultimately the purview of State Highway Administration, since Hollywood Road (Route 245) is a state road.

All property owners affected requested the rezonings. While they will be subject to town taxes they would get a lower, in-town water and sewer rate. The net effect, according to Town Administrator Laschelle McKay, will be a lower tax bill for them

The annexation received the blessing of the Commissioners of St. Maryโ€™s County and the Maryland Department of State Planning. It will become effective in 45 days.

Contact Dick Myers at news@thebaynet.com