Board affirms Park and Planning interpretation, denying land-use appeal on farm-based alcohol in Queen Anne Meadows

The Prince George's County Board of Appeals on Wednesday affirmed the Planning Department's interpretation of the zoning ordinance and denied Robert Rose's appeal challenging whether a lot in the Queen Anne Meadows subdivision is subject to a governance structure that would bar farm-based alcohol production.

Appellant Robert Rose argued that although covenants and a maintenance agreement exist, the homeowners association (HOA) forfeited in 2004 and therefore the property is not currently subject to a governance structure. Rose said the covenants impose lot-level maintenance responsibilities and that there is no present governing body, citing state forfeiture case law and arguing the board must read the plat note text narrowly.

Laura Tallarico, an attorney for the planning department, urged the board to affirm the department's zoning-interpretation (ZOI). She said the final plat's note 4 (conveyance of a private road to an HOA) together with the easement and maintenance agreement create a governance structure and regulations that continue to affect use of the parcels. Tallarico told the board that allowing forfeiture to nullify the regulatory effect would undermine the ordinance's purpose of preventing commercial uses (retail/tasting) in residential subdivisions.

Board members exchanged detailed questions with both sides about whether plat notes may be read together, whether forfeiture differs from dissolution, and whether the county's prior issuance of building permits establishes practical reliance. After deliberation Vice Chair Johnston moved to confirm the Planning Department's interpretation; the motion carried 3-0, and the board affirmed the ZOI.