Neighbors urge denial of variance to remove four specimen trees for proposed church in Carroll County

Carroll County planning staff held a public hearing after neighbors and citizen counsel objected to a variance application that seeks permission to remove four specimen trees as part of site plan S20-30 for a proposed Ethiopian Orthodox Church at 2239 Bachman Valley Road in Manchester.

Director Chris Hein opened the hearing and noted the application by DRS and Associates was submitted on 11/11/2022; he told attendees the county was holding the hearing because of citizen concern and explained testimony rules. "I will leave the record open for the next 10 days," Hein said, adding the record closes Nov. 18 and he aims to issue a written decision by Dec. 6. He advised that an appeal of his decision may be filed with the Board of County Commissioners under section 150.16 of the Carroll County Code.

Citizens were represented by counsel. Alex Walter and counsel from Macy Nelson's office submitted a memorandum and supporting exhibits, including a prior Howard County hearing examiner decision, and framed the dispute around Maryland caselaw governing variances. Walter said the applicant must show the property is "unique" in a way tied to characteristics of the land itself; if the agency finds no uniqueness "that's the end of the inquiry," he said.

Expanding on that point, Alex Votov argued in more detail that "the existence of specimen trees in and of itself cannot be uniqueness." Votov said the 25-acre parcel's topography and environmental resources — a stream and woodland concentrated on the western edge — are common in the area. He told the agency the applicants had not demonstrated they could not redesign the parking or site layout to avoid removing the trees and therefore had not shown "undue hardship."

A string of neighbors testified in opposition. John Tremaloney, who said his home is adjacent and within 1,000 feet of the parcel, said he was "strongly opposed to this." Other residents raised similar objections about tree removal, changes to neighborhood views and character, and increased traffic. Judy Gere told the agency she views the property's access lane and cited traffic as a concern; several speakers said they agreed with the legal arguments presented by citizen counsel.

No agency decision was made at the hearing. Hein left the public record open for additional submissions for 10 days, and said he would document his findings and try to issue a decision by Dec. 6. He also noted that if stakeholders disagree with his decision, an appeal may be filed with the Board of County Commissioners under section 150.16 of the Carroll County Code.

The outcome will hinge on the agency's application of the county's Chapter 150 forest-conservation rules and the Maryland legal standard for variances, specifically whether the agency finds the parcel "unique" under the law and whether the applicant has demonstrated undue hardship or feasible alternatives to removing the specimen trees. The hearing was then adjourned.