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Applicant withdraws rezoning request for 14.72‑acre Berlin parcel after heavy public opposition
Summary
The owners and applicant for rezoning case 453 withdrew their request to reclassify a 14.72‑acre Ocean Pines‑area parcel from R‑2 to R‑3 after a contested public hearing that included planning staff findings, expert testimony on traffic and wetlands, and strong opposition from Ocean Pines residents.
The owners of a 14.72‑acre parcel north of Maryland Route 589 asked the Worcester County Commissioners to rezone the site from R‑2 (suburban residential) to R‑3 (multifamily), which would increase potential units from about 59 to 88, but withdrew the application following a contested public hearing.
Hugh Cropper the 4th, representing the applicants, said the two zoning districts allow the same uses and that the only difference here was density: “The only difference is 59 units with R‑2, 88 units with R‑3,” he told the commission and said the property had public water and sewer nearby. Cropper also proffered a 100‑foot vegetated buffer as a condition and said the Planning Commission had given a favorable recommendation. Planning staff entered the Planning Commission file into the record and summarized its finding that the area’s character had changed in a way that could support the R‑3 designation.
Developers’ witnesses argued the proposal could meet county design and RPC standards. Landscape architect Steve Engle said the site plan for 88 townhouses would provide adequate open space and meet RPC requirements. Traffic consultant Joe Culligero testified the townhouse scenario would yield fewer daily and peak trips than a 59‑unit single‑family scenario and that, under state guidelines, a separate traffic‑impact study would not be required because estimated peak‑hour trips fell below the threshold.
Opponents, led by Ocean Pines Association president John Latham and engineer Brian Mostek, urged denial or delay, saying notice to nearby residents had been incomplete, Route 589 was already heavily used, and infrastructure and school impacts had not been established. Mostek told commissioners more than 900 residents signed a petition opposing the rezoning in a few days. “The application is primarily about getting more units and profit, not a demonstrated change in neighborhood character,” he said.
After hearing testimony from the applicant’s counsel, consultants and dozens of residents, the applicant’s representative told the commission the owners would withdraw the rezoning application effective immediately. Planning staff noted the withdrawal invokes a code restriction that prevents reapplication for one year. The commission closed the hearing without issuing a decision on rezoning case 453.
The rezoning would have moved the parcel from R‑2 to R‑3 and required an RPC application and subsequent advertised public hearings if pursued again.
