Despite the objections of several residents at Tuesday's work session of the Baltimore County Council, Chairman John Olszewski said the council will proceed with a vote at its next meeting on Sept. 6 on a bill allowing in-law apartments in Baltimore County.
A vote had been scheduled for the Aug. 1 meeting, but the bill was tabled after similar objections from community associations at the preceding work session.
After several revisions to the bill, Olszewski believes they're ready to vote and put the matter to rest.
"We're moving forward," Olszewski said. "[Residents] had ample time and opportunity to talk about it, over two months."
While accessory apartments have commonly been accepted within existing single-family dwellings, it was never codified in law, leaving the courts to decide a matter than many believe should fall under the jurisdiction of the county.
Using input from several meetings with community groups and its own deliberations, the council made four main amendments to the original bill.
• Language that stipulated for separate electrical, water, and sewer service for detached accessory structures was eliminated, allowing separate service only should it be determined necessary by the county.
• Structures must now be incompliance with each aspect of section 502.1 of the county zoning regulations, whereas, in the previous version of the bill, only some aspects were mandatory.
• When the accessory apartment is no longer in use by the person who received the use permit, the permit will now terminate, with any changes in occupancy or ownership of the house resulting in a new application process.
• Lastly, all existing in law structures must obtain a use permit by Oct. 1, 2012.
Despite the additions, the measure still faces opposition from some community organizations
Peggy Squitieri, executive director of the Ruxton-Riderwood-Lake Roland Area Improvement Association, raised several questions about the language of the bill, including the number of apartments allowed on a property, occupation limits and the size of the apartments.
Speaking on behalf of the Bowleys Quarter Community Association, Allen Robertson expressed similar concerns, adding that code enforcement is also an issue.
Mike Pierce, president of North County Preservation, also opposed the bill, saying it "goes back on decades" of zoning codes.
"The strong belief is that any allowance whatsoever … has to be strictly limited to cases with demonstrated disability, handicap or medical reason," Pierce said. "It cannot be allowed for healthy family members to set up a second family member to set up residence on the same property.
"It's just flat wrong," he said.
David Kosak, president of the Greater Towson Council of Community Associations, suggested that similar to Bill 45-11 — a zoning bill concerning the amount of parking required at shopping malls and other large consumer locations — Towson should be excluded because of the circumstances surrounding the area.
"We look at Towson as a unique place," Kosak said, noting an initiative by Council member David Marks seeking a zoning overlay district for Towson. "We certainly are not against having situations in Towson to help the elderly. This certainly isn't an effort to push people out."
Kosak also questioned the ability to enforce the new code, saying that he recently learned that code enforcement is already a year behind on rental registration renewals.
Farmer's roadside stands bill also debated
The council also discussed a bill that would make a distinction between produce stands and roadside stands, with residents who spoke about the matter split on the issue.
Several farmers from the northern part of the county expressed their displeasure with the bill. They believe the bill, which allows roadside stands to be located inside of larger structures — such as barns — will overly commercialize the sale of produce and marginalize those who simply sell produce on the side of the road.
However, Keith Wills, president of the Baltimore County Farm Bureau, said that organization supports the legislation.
Bobby Prigel of Glen Arm, whose family runs the Prigel Family Creamery, also spoke in support. Prigel said that the new bill allows farmers like him flexibility to sell their dairy products in the same venue that the dairy is processed in.
A vote on the bill is also scheduled for the Sept. 6 council meeting.
Marks introduces bill to create Middle East memorial
Marks will introduce a bill at the Sept. 6 council meeting that supports the construction of a memorial to those who served in Middle East conflicts.
Marks told the Towson Times this month that — 20 years after the first gulf war and 10 years after the attacks on Sept. 11 that led to America's involvement in Afghanistan and Iraq — he felt it was appropriate for the county to honor those who have served in the Middle East with a memorial at the County Courthouse.
The memorial would be privately funded, with a piece of land donated on the grounds of the County Courthouse, he said.