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Berlin council approves rezoning of Parcel 57 to enable developer closing

Town of Berlin Mayor and Council · July 14, 2025
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Summary

The council voted to rezone tax map 25 Parcel 57 from R‑1 to B‑2 and adopted testimony presented at a public hearing; the applicant cited an MDE no‑further‑action letter and a condition in a land‑disposition agreement tying rezoning to the developer's closing.

The Town of Berlin mayor and council voted July 14 to approve Resolution 2025‑05 rezoning tax map 25, Parcel 57 from R‑1 (residential) to B‑2 (commercial). Council member Orris moved to adopt the presenter's testimony as findings of fact; Council member Herr seconded, and the motion passed by voice vote.

The rezoning followed a public hearing in which Mark Cropper, speaking for Coastal Venture Properties LLC and the property owner, said the change was required by a land‑disposition agreement and supported by environmental documentation. Cropper read a letter from the Maryland Department of the Environment into the record: “the department determines it has no further requirements related to the investigation of the controlling hazardous substances or oil identified ... if the property is used for unrestricted commercial, tier 2 b, or unrestricted industrial purposes,” and argued that the letter limited residential reuse on the site.

Cropper also noted the town's comprehensive‑plan maps and submitted a binder of materials that included the deed, the land‑disposition agreement dated 04/15/2025, and mapping he said supports a change in neighborhood character. Planning‑commission materials and staff packets were made available to the council ahead of the vote.

Town counsel (Gasco) advised the council that state law (land use article section 4‑204(b)(1)) requires findings addressing population change, public facilities, transportation patterns, compatibility with surrounding uses and planning‑commission recommendations; the motion the council adopted incorporated the presenter's testimony as those findings.

The council's approval is a legislative act that changes the town zoning map for the parcel; Cropper and the applicant said rezoning is a closing condition in their acquisition agreement. The resolution passed on July 14; no appeal or further administrative action was recorded at the meeting.