/cars
/jobs
/homes
/boats
/ld
/buy
/news
/mids





Neighbors spar over Sullivan Cove
By Colleen Dugan - The Capital
Olde Severna Park resident Thomas Jackson and two of his neighbors are seeking approval to build walkways and private piers from their homes, across a tidal pond and into Sullivan Cove on the Severn River. The piers have been the subject of a legal battle that dates to 2004, and many in the community oppose the piers.

Story comments (if available)
Print
Add to Facebook
Google bookmark

ADVERTISEMENT

Local services:

HomesInAnnapolis.com

SEVERNA PARK

Crownsville
Published July 21, 2008

As the workweek melts into the summertime weekend on Friday evenings, residents of Olde Severna Park make their way to the community beach, light the grills and enjoy vistas of Sullivan Cove.

The cove, in many ways, is the heart and soul of this close-knit, active and affluent neighborhood.

It is home to the beach with its pavilion and grills, two community piers, a swimming area, kayak and canoe storage racks and a mooring field for larger boats. It's the site of parties, crab feasts and craft camps for youngsters.

"This is the heart of Severna Park," said Roy Higgs, whose nearly 100-year-old home looks out over a steep hill that runs down to the cove.

But the cove that is beloved by Olde Severna Park residents is the source of much contention in the neighborhood.

A long-contested effort to put private piers at three homes on one side of the cove is moving forward after years of divisive court battles. One of those homeowners is seeking special approval for a renovation that would disturb hilly slopes that are environmentally sensitive. And across the cove, a proposal to build a home near a fragile bog is also tied up in court.

These repeated fights over zoning and development have caused rifts in the neighborhood, led to six-figure legal bills and worn out community leaders.

The leaders of the Olde Severna Park Improvement Association said they are fighting to preserve the unique nature of Sullivan Cove.

Meanwhile, the homeowners seeking the zoning approvals assert they are just exercising their legal rights, and they wouldn't do anything to harm the cove that they love so much. But ultimately, it's been up to judges and state officials to determine the fate of Sullivan Cove.

Dispute over piers

The longest-running dispute in the community is over private piers, and whether they should be allowed at private homes. That issue has been raging for at least four years.

The Olde Severna Park Improvement Association owns much of the land immediately bordering the cove. Association leaders also said that even where the waterfront land wasn't in their hands, they held what's called "riparian rights" - essentially the legal right to build into the water, such as with a pier or a dock.

So when a couple on Old County Road sought in 2004 to build a long walkway and pier stretching from their land, over a tidal pond and into a cove, association leaders thought it didn't have a chance.

Several years, countless court hearings and thousands of dollars later, the property owners established their right to apply for pier permits, even though they had sold the property by then. With the court victory in hand late last year, the new homeowner sought a wetlands permit for the pier. Two other homeowners on Old County sought approvals for piers, too.

Officials at the Maryland Department of the Environment and the U.S. Army Corps of Engineers are reviewing the plans. Permission is needed from those agencies because the homeowners will be disturbing wetlands when they build their walkways and piers.

The initial applications called for walkways and piers that would be several hundred feet long, though MDE is working with the property owners on reducing the dimensions, said Gary Setzer, MDE's administrator for wetlands and waterways. For example, two of the property owners might build one joint walkway and pier instead of two separate structures.

Mr. Setzer's staff has plenty of information to consider.

In addition to the usual reports and documents, MDE held a public meeting last month where more than 100 people crowded into a room at the Severn School, nearly all of them opposed to the piers.

That's a lot more public opposition than Mr. Setzer usually hears for piers.

"Generally the concerns for construction of piers comes from basically the (adjacent) neighbors ... For the most part, piers aren't usually controversial," he said.

In addition to scores of comments from the meeting, Mr. Setzer has fielded about 50 e-mails expressing opposition to the Sullivan Cove piers.

Opponents of the piers worry that the construction will forever ruin a tidal pond and marshlands that are teeming with fish, birds and other wildlife. They point to rare spotted turtles that live there and large carp that spawn in the pond.

These people worry the piers will contribute to a decline in water quality in Sullivan Cove and the Severn River.

They point to a report from the state Department of Natural Resources issued this spring that said the piers could alter the hydrology of the tidal pond and possibly cause it to silt in.

"The quality of the water is pretty good, but it's fragile," said Olde Severna Park resident and pier opponent Austin Bachmann.

But the homeowners who want to build the piers said the last thing they want is to destroy the environment that drew them to their homes in the first place. They said recently they just want to exercise their legal rights to access the water and enjoy the land.

"Just because we want to enjoy the waters of the Severn River does not mean we don't care about the environment and we're not doing everything we can to make sure the environment is protected," said Jamie Schimdt, one of the homeowners.

Another pier applicant, Thomas Jackson, echoed the same concerns.

"This is our land, so it's in our best interest to preserve it," he said.

The third property owners seeking a pier - Dann and Janet Thomasson - couldn't be reached for comment. They bought the original property that was at the center of the court cases.

Disappointed

Residents involved on both sides of the pier dispute said they've been let down by the process.

Ms. Schmidt and Mr. Jackson said that, in a way, they've become outcasts in the community.

"Just because we want a pier does not make us anti-environment," Ms. Schmidt said. "We feel like we've been black-sheeped."

Mr. Jackson said he doesn't mind facing opponents at community meetings and explaining his case.

"I have a pretty thick skin," he said, but he added it's not always as easy for his wife and kids. "You're known as 'those people.' "

The process of getting the pier approvals has been taxing. And although Mr. Setzer from MDE said a decision could be coming in the next several weeks, Mr. Jackson, for one, isn't getting his hopes up.

"I've gotten my hopes up like five times and there's always been another hurdle," he said.

Even if Mr. Jackson and the others win approval from MDE, they're likely to encounter more legal challenges from the Olde Severna Park Improvement Association.

The association could protest the permits in court and argue that MDE made a faulty decision. Or they could try to get the state Board of Public Works to hear the case.

Comprised of the governor, comptroller and treasurer, the Board of Public Works spends most of its time approving state contracts. But the board also has authority over wetlands permit approvals. Though most of that duty has been delegated to MDE, the Board of Public Works occasionally steps in on high-profile cases, such as the controversial Four Seasons development on Kent Island, which the board killed.

Opponents to the Sullivan Cove pier said they've had to seek such measures because government officials so far haven't done their job in preventing harm to the environment.

In addition to fighting the piers, they're also fighting a proposal from the Schmidts for an addition that would partially cross into steeply sloped land, which has special protections. And the association is trying to block a home that's been proposed for a lot across the cove that's near a bog, a rare type of wetland.

The Schmidts' addition is currently before the county Board of Appeals, while the bog case is in court. The community association has hired two lawyers to handle all their cases.

"You cannot sit back and rely on county and state officials," said Mr. Higgs, CEO of an architecture firm and association board member who has been a leader of the anti-pier movement. His front door sports a bumper sticker: "Keep Sullivan's Cove Pier Free."

Severn Riverkeeper Fred Kelly has been advising those who oppose new construction and said the community has "made an unparalleled commitment to protecting their environment and is a wonderful example for every other community on the Severn, or any other of the county's waterways."

"It's both heartening that citizens care so much, and disheartening that agencies such as the Maryland Department of the Environment and the Board of Public Works aren't committed," he said.

 

Reader comments: ( Post )
Comments solely reflect the views of and are the responsibility of users, not Capital Gazette Communications, Inc. or its suite of online properties including HometownAnnapolis.com, CapitalOnline.com, HometownGlenBurnie.com, and others. Readers may find some comments offensive or inaccurate. To comment, users agree to abide by rules of participation. If you believe a comment violates these rules, please notify us.
1 month 14 days ago
long walk
I've been there. That is one long walk to get to the proposed pier. Really there is so much bog they should build a road through the bog so the can drive to the pier. Or another option, keep there boat at a local marina and drive. It is always good to look for the practical solution and I just enjoy being helpful.
Bob S. - Annapolis, MD
1 month 15 days 20 hours ago
Clean Water
Only a dream here. I don't normally live in an area that discharges it's waste into the water. Treat it as much as you want but that's still waste going into the water that wasn't there before. There will never be clean water here, for crabs or citizens, without changing the thinking that this one process is acceptable. Carry on with your arguments about business now .......
S. Abbott - Annapolis, MD
1 month 15 days 21 hours ago
You are right
William, you are correct, it's not just the homeowners. I am very aware that farming, busniesses and the watermen also have played their respective roles in the death of the Chesapeake. However this article is about homeowners! It is very selfish sad thinking to believe that just because others have damaged the rivers and bay that you have the right to as well ......
Kristina P. - Easton, MD
1 month 15 days 22 hours ago
The Blame Game
Home owners blame the businesses. Businesses blame the watermen. Watermen blame the developers. Developers blame the politicians. Politicians do nothing and the citizens suffer. However, the reality is all these groups share blame collectively. You can't isolate one subset and scapegoat them so you can continue to abuse the environment in the name of property rights. We all have a responsibility for our rivers and The Bay. It is time we start acting like it and stop the blame game.
R. Black - Churchton, MD
1 month 15 days 23 hours ago
Really??
So it is the waterfront homeowners fault the bay and it’s tributaries are in such plight? You guys crack me up! Why don’t we begin with the decades of waste and pollution dumped into the rivers and bay from the various businesses up and down the bay waters and not to mention the tons of chemicals and animal waste from farms. Then after all this pollution has killed off most of the infrastructure needed to keep the marine life alive what is left we over harvest and remove. But you are absolutely correct, it is the waterfront homeowner that is taking away your right to clean water….
william d. - severna park, MD
1 month 16 days 19 hours ago
What about
the reports from DNR? I really don't think that the MDE is working in the best interest of the river or the bay.
Kristina P. - Easton, MD
1 month 16 days 20 hours ago
Whose river is it?
Whose bay is it? Their property is NOT self-contained. What they do with their property affects MY rights to enjoy clean water in the Severn River and the Chesapeake Bay. Why do THEIR property rights come before the rights of THOUSANDS who rely upon a healthy Bay for their livelihood or recreation.
R. Black - Churchton, MD
1 month 16 days 20 hours ago
Who's property is it?
As a longtime resident of Severna Park, I am appalled that a community association thinks it can mandate rules and restrictions over property that is not within the community’s bylaws and they do not have any legal jurisdiction over. So what is next, will they tell these people they have to move because the community wants to build a park on their property? If the Olde Severna Park Improvement Association wanted to control this land they should have purchased it and then they would truly have the riparian rights. I attended the MDE meeting last month and these home owners are doing nothing wrong, they own the land and the riparian rights to build into the water. All of their plans are being thoroughly reviewed by both the MDE and Army Corp of Engineers, let the professional make the decisions not a bunch of overzealous community leaders. The money that has been wasted by this community pursuing these injunctions is ludicrous and they could have used the thousands of dollars (well over $100,000) to clean up the Severn River, wakeup Olde Severna Park!!!
william d. - severna park, MD
1 month 16 days 22 hours ago
Once again
I agree with you R Black, typical VA thinking! VA by far does more damage to the Chesapeake and contrubites the least to restoration efforts then any other state in the watershed .......
Kristina P. - Easton, MD
1 month 16 days 23 hours ago
A Child's Logic
"But Billy gets to do it so why can't I?" Anyone who is a parent has undoubtedly heard this line of reasoning. The retort usually is, "Because you are not Billy, and we raised you to be better than that." That is the bottomline. Yes, other people might have gotten away with it, but that does not mean that it is the right thing to do? NO. Is it fair that Billy gets a pier but Tommy doesn't? No...but like my father always told me, "life isn't fair." Lynchburg, VA is a far way from Annapolis. Given the track record of VA and the Chesapeake Bay, I wouldn't pay much attention to the opinions of anyone from Virginia when it comes to the environment. Virginians are slowly but surely making sure that there will never be another blue crab left in The Bay because of their lack of restrictions on crab catches.
R. Black - Churchton, MD
1 month 17 days ago
It does
have everything to do with changing the zoning ...... where they want to build the pier is zoned critical. "These repeated fights over zoning and development " As R black said, these folks are double talking ..... And as I have said before, I do live on the Tred Avon River, my community has been featured on Outdoors MD by DNR as going above and beyond in preserving the wetlands of the river. Not only have the critical wet lands been kept in tact, there have also been more bay grasses and trees planted between the houses and the river to keep the integrity of the wetlands. Not one single person in my community has direct river access, nor will they ever have direct river access. You say "I'm tired of people just bashing this family for doing what every other house on the severn river has already done." Some of those piers have been built before the land was zoned critical I'm sure ...... Besides just because other people deside to disrespect the bay, does that mean everyone should? What a very sad thing if everyone thought that way ..... With thinking like that why don't we just pave the bay and get it over with quickly instead of the slow painful death she currently has to endure?
Kristina P. - Easton, MD
1 month 17 days 16 hours ago
lets be honest
Kristina, I'm sorry to say but this issue has nothing to do with paying people off to change the zoning. The problem is the olde severna park community trying to find stupid and pathetic ways to prolong the inevitable. A SPOTTED TRURTLE? lets be honest here I've probably done more harm to endangered bugs while driving down the road. There is no problem with what these people want to do. They are exercising a right that we ALL would if we had their kind of land and opprotunity. I'm tired of people just bashing this family for doing what every other house on the severn river has already done. They have been valdilized and mistreated and it needs to stop.
Mike Alexander - lynchburg, VA
1 month 17 days 18 hours ago
Double speak
If they really care about protecting and preserving the environment in their community, then DON'T BUILD THE PIERS. But don't lie to people and say you want to protect something while at the same time pursuing a course of action that will lead to its destruction.
R. Black - Churchton, MD
1 month 17 days 18 hours ago
Once again
More dollars then Sence! Lets ruin fragile slops and bogs to cater to those with enough money to pay people off to change the zoning. I thought zoing laws served a purpose? I guess only if you don't have the means to pay to have them changed!
Kristina P. - Easton, MD

 

Post a comment
By posting a comment you acknowledge that you have read and will abide by the rules of participation.
To post comments, you must have a Hometown Account. Join now!
Subject:
Comment:




Advertisement

Contact Us ¦ Register ¦ Feedback ¦ Take Our Site Survey
Capital Gazette Newspapers ¦ 2000 Capital Dr. ¦ Annapolis, MD 21401 ¦ 410-268-5000
HometownAnnapolis.com ¦ HometownGlenBurnie.com ¦ BowieBlade.com
Subscribe ¦ Buy a Newspaper ¦ Advertise ¦ Classifieds ¦ Jobs ¦ Restaurants ¦ Local Web Directory
Archives ¦ Calendars ¦ Cars & Boats ¦ Hotels & Lodging ¦ 2008 Readers Choice Awards
¦ Multimedia ¦ Photo Store ¦ Site Map ¦ Tour Annapolis ¦ Traffic Cams ¦ USNA ¦ Weather

Copyright © 2008 Capital Gazette Communications, Inc. , Annapolis, Md. ¦ Privacy Policy & Terms of Service