Prince George's County Board of Appeals affirms violation finding against Foxley LLC

Prince George's County Board of Appeals on Wednesday affirmed a county finding that Foxley LLC is operating out of conformance with its use-and-occupancy permit and the accompanying site plan for 6600 Foxley Road in Upper Marlboro, voting 3-0 to uphold Department of Permitting, Inspections and Enforcement (DPIE) citations under County Code §27-253(c).

The decision matters because it sustains DPIE's enforcement action against an industrial outdoor-storage operation used by many local contractors and leaves the company subject to compliance requirements while it completes an ongoing multi-year permitting effort.

Petitioners, represented by attorney Mr. Maloney, argued that Foxley operates under a 2007 certificate of occupancy that authorizes “contractor services with outdoor storage,” and that older detailed site-plan approvals (recorded in 1987, 1991 and referenced in a 06/22/2007 approval) did not draw strict limits on where outdoor storage could occur across Parcel 64. Michael Amon Sr., who testified that his company has provided contractor storage on the site since at least 2005, said the business has spent “over a half a million dollars” on updated plans and…