Hampstead will appeal a judge's order that the town allow builder Martin K. P. Hill to proceed with 90 planned condominiums at the Roberts Field development.

In a closed session Thursday night, the Town Council decided to appeal the Oct. 14 ruling by Carroll Circuit Judge Luke K. Burns Jr. The town will appeal its case to the Maryland Court of Special Appeals.

Mayor Christopher M. Nevin said the vote was unanimous.

In his decision, Burns said the Hampstead Board of Zoning Appeals was wrong to deny a permit to Hill and his Woodhaven Building and Development Inc.

The judge noted a history of approvals for Roberts Field since 1981.

The zoning appeals board did not raise concerns about density and open space until 1996, when it denied a construction permit to Hill, Burns said.

Also in 1996, the town adopted an ordinance that attempted to nullify the project's 1993 site-plan approval.

Nevin and two councilmen were elected in 1995, defeating the incumbents with a promise of change in dealing with overcrowded roads and schools.

Rather than send the case back to the zoning appeals board, the judge ordered the town to issue the permit to allow construction to begin on the condominiums -- the last part of the planned unit development.

Hill said after the ruling that he had no immediate plan to start building the condominiums. He said he wanted first to "reach an understanding" with town officials.

His company has built more than 1,000 homes in the area since 1984.

Pub Date: 10/25/98