Board continues appeal over Foxley Road outdoor storage; neighbors cite noise, clearing and flooding

The Prince George's County Board of Appeals on April 9, 2025 continued an enforcement appeal filed by Foxley LLC (case V7224) after extended testimony from county inspectors, petitioners and nearby residents.

The county's Department of Permitting, Inspections and Enforcement (DPIE) told the board it issued a notice of violation dated Sept. 19, 2024, finding operations had expanded beyond the area shown on the approved site plan and use-and-occupancy documentation for the industrial property at 6600 Foxley Road in Upper Marlboro. Kalisa Smith of the Prince George's County Office of Law described DPIE's position that outdoor storage and other operations were occurring on portions of the property that were not shown or approved on the site plan.

Petitioners, represented by attorney Timothy Maloney, said they have undertaken a multi-year effort to bring the 58.5-acre site into compliance and have spent significant sums on engineering and permitting: “we have spent $481,000 in engineering fees and $96,414 in permanent application fees so that we can bring the whole site into compliance with a modern site plan,” Maloney told the board, and he said the engineering team estimates the project could reach final permit approval in about six months. Maloney asked the board to dismiss the violation or continue the matter while Foxley completes the permitting process.

DPIE inspector Oscar Bejarano testified that agency action was complaint-driven and that county inspections in 2024 showed operations and outdoor storage beyond the area marked on the last approved site plan. Bejarano described field visits beginning in February 2021 and shown aerial photographs and a video of on-site activity. The county submitted aerial imagery and the inspector's map of gate locations to show the areas of operation.

Neighbors testified about impacts. Jeffrey Beavers, who lives at 8903 Columbine Lane (Flower Village Mobile Home Park) said the property backs up to his lot and described sustained truck activity, audible backups and what he characterized as increased noise and flooding after grading and clearing: “it's been a nuisance… the noise has gotten worse since the clear[ing],” he told the board. Resident Shauna Corbin said clearing near her Sherwood Forest subdivision home began during the pandemic and that she experienced early-morning and late-evening industrial activity, tree removal and increased runoff that reaches her yard.

The petitioners described a long permitting timeline that included surveys, stormwater work, tree-conservation plans and other submissions to Maryland-National Capital Park and Planning Commission and DPIE; Maloney said the petitioner has hired engineering consultants and submitted detailed materials and that some reviews experienced a lengthy backlog at county agencies. The petitioner also said earlier citations against the property had been dismissed in prior proceedings and that this enforcement action was filed as the owner was pursuing a modern site plan.

County counsel warned that even if the petitioners obtain site-development and grading approvals, it is not automatic that the board or planning staff would allow the full area now in use to remain in active outdoor storage; park-and-planning review of setbacks, stormwater and tree conservation may impose limits that require adjustments. Michelle Hughes, a park-and-planning reviewer, confirmed that the last approved site plan's approvals focus on the lower/southern portion of the property and that areas above the Foxley Road line were not shown as approved for the storage uses now alleged.

After hearing testimony from DPIE, petitioners and affected neighbors, the board voted to continue the case so both sides could present additional evidence. Vice Chair Johnston moved to continue the matter to obtain more information; Board Member Stanton seconded. The motion carried 3-0. The board instructed staff to schedule further testimony and to provide petitioners and neighbors notice of the continued hearing date.

The continuation preserves the record and gives the petitioner time to present additional permit evidence and engineering timelines while allowing neighbors and county staff to supplement the record on impacts and compliance history.