While the Carroll County commissioners denied a rezoning petition that would have doubled the number of houses in a proposed South Carroll subdivision, two board members took issue with the reason behind the petition.
Commissioner Julia W. Gouge questioned the requirement for public water and sewer, which added $2.5 million to the developers' cost of building on the 205-acre property near Linton and Liberty roads.
Carroll Developers, a Howard County company, originally planned to divide the Belt Farm property into 3-acre lots, each with its own well and septic system, and build fewer than 100 houses on the farmland.
Then the county moved the property into its five-year public water and sewer plan in 1992 and required the developers to hook the new houses into the system and extend utility lines west of Linton Road to a planned new elementary school.
To recoup the cost, the developers asked for a rezoning that would allow more houses on 1-acre lots.
Mrs. Gouge took issue with the state regulation that requires homeowners to hook into utility lines that abut or pass their properties.
"I know it is not according to the regulations, but I feel homeowners should not have to hook up to the public system," said Mrs. Gouge.
"It is an imposition we put on people."
Commissioner Donald I. Dell said that, while he agreed with Mrs. Gouge, he had no solution to the dilemma.
"There is an issue of fairness here that hasn't been considered," said Mr. Dell.
L Commissioner Elmer C. Lippy applauded the state legislation.
"We must be careful about doing away with hook-up laws unless we do away with central sewage altogether," he said.
Mrs. Gouge said she regretted the additional cost placed on the developers.
"The land was originally in the long-range plan," she said. "If the new school would not be built, it might be 20 years before public water was required. He could have built the way the land was zoned, but now his whole world is changed."
Mrs. Gouge said that once the developer was apprised of the requirement for public utilities, she fully expected the rezoning petition.
Still, she said, she could not vote for higher density.
"There was no mistake in the original plan," said Mrs. Gouge, who added that growth has occurred as planned.
"I can't go along with higher density. It was not planned originally and is not appropriate."
In its last official act Friday, the board voted unanimously against the rezoning petition that would have doubled the number of houses permitted in the subdivision proposed for the Belt Farm.
Residents of the Linton Springs Civic Association, whose properties adjoin the farm, applauded the decision.
Barry Marsh, association president, said the commissioners had opted for controlled growth in South Carroll.
The commissioners had heard nearly four hours of testimony Tuesday.
To rezone, they had to find a mistake in the original zoning or a change in the character of the neighborhood.
They found neither and denied the petition.
"I am not surprised," Mr. Marsh said of the decision. "They listened to the evidence and voted on what was presented."
Mr. Lippy said the board "is not the enemy of growth, but the
universal feeling now is that increases in density can't be tolerated."
Mr. Dell, the only board member re-elected, said the decision had much to do with the already overcrowded schools in South Carroll.
Jack Cooper and Ron Carter, owners of the development company, said they were disappointed at the decision, which they may appeal in Circuit Court for Carroll County.
"We are going to go back to our plans and see what we can do from here," said Mr. Carter.