Open Letter to Delegates Grammer, Long, Metzgar, Senator Salling

February 6, 2025

Delegates Long, Grammer, Metzgar, Nawrocki, and Senators Salling

Lowe House Office

6 Bladen Street

Annapolis, Maryland 21401

                                                                                                        Re: HB538 (2024)

Honorable Assemblymen,

Thank you for all your service to the constituents of Maryland’s 6^th and 7^th legislative districts over the past years and wish you all the best in the 2025 legislative session.  

Today I reach out to you regarding HB538 Land Use –Zoning Density and Permitting (Housing Expansion and Affordability Act of 2024) enacted during 2024 legislative session and becoming effective January 1, 2025.

I first became aware of HB538 during the Millers Island Edgemere Business Association’s April 17^th, 2024 meeting during which guest speaker Baltimore County District 7 Councilman Mr. Crandell mentioned that Sam Himmelrich of Himmelrich and Associates, who was present, was somehow involved with HB538, and it effected development at the Fort Howard VA property in Fort Howard, Maryland, the community I represent.

Upon closer examination it was discovered Mr. Crandell was referring to an amendment submitted to the Environmental and Transportation Committee on February 20^th, 2024 by the law firm Venable LLP on behalf of Himmelrich and Associates on HB538 which eviscerated the  County of Baltimore’s authority to regulate land zoning and development  specifically at the shuttered 94-acre Fort Howard Veterans Hospital property currently leased from the Veterans Administration to, none other than,  local developer Himmelrich and Associates (see attached Venable letter).

Additionally, on February 20^th, 2024, Governor Moore, the Maryland Association of Counties, Maryland Realtors, Community Development Network of Maryland, Maryland Affordable Housing Coalition, Maryland Department of Transportation, and notably Baltimore County Executive John A. Olszewski provided oral and written testimony in favor of HB538 at the Environmental and Transportation Committee hearing, noting Baltimore County Executive Mr. Olszewski SUPPORTED WITH AMENDMENTS. (see attached letter from Mr. Olszewski). Delegate Ryan Nawrocki, of adjacent District 7A sat on the Environmental and Transportation Committee Hearing panel.  Mr. Nawrocki brought to Governor Moore’s attention his and other delegate’s districts of Southeast Baltimore County already have the highest concentrations of low income housing in Baltimore County and additional low income housing should be distributed elsewhere.  

To the contrary of Governor Moore’s favorable testimony, Mrs. Kathleen Beadell, President of the Greater Timonium Community Council gave unfavorable testimony opposing HB538.  Mrs. Beadell cited HB538 states “local jurisdictions may not apply the standards of Adequate Public Facilities laws to deny, restrict or limit State-funded Affordable Housing Projects. Existing residents should not have to experience potentially overcrowded schools, congested roadways, drainage problems or overburdened sewer systems because Affordable Housing project is able to bypass Adequate Faculty regulations and secondly, in certain land use categories (which Fort Howard is subject)  Affordable Housing is given a zoning density bonus of 30 percent in multi-family zones and the highest allowable residential density in nonresidential…and that this approach ignores local land use and density decisions that have the benefit of input from local planning commissions and local legislative scrutiny and decision making …and let land use and density considerations remain at the local level. We (the people of Baltimore County) don’t need the heavy hand if the State disrupting the balance that appropriately should be set by local authorities.” (see Beadell letter)

Currently, the highest residential density permitted in Baltimore County is RAE (Residential, Apartment, Elevator) 80, permitting 80 dwelling units per acre; combining HB538’s thirty percent density bonus yields a whopping 104 dwelling units per acre maximum density for potential development at 94-acre Fort Howard VA site.  

Outreach to Essex and Middle River community leadership confirmed they were well advised of the transportation component ramifications of HB538 directly consulting with their District Delegate Mr. Nawrocki to avert or minimized any unwelcomed negative community impacts HB538 may have enabled.

Inexplicably, during the entire 2024 legislative session the Fort Howard Community Association, the Millers Island Resident Association, the North Point Peninsula Community Coordinating Council, the Colgate Community Association, North Point Village Civic Association, and the Millers Island Edgemere Business Association were completely uninformed or even aware of the existence of HB538 thereby having no opportunity to provide testimony to the Environmental and Transportation Committee in spite the  communities from Timonium to adjacent Essex/Middle River  having full HB538 legislative engagement.

Adding another layer of inexplicability, Baltimore County Executive John A. Olszewski’s Community Outreach Department sought no community input thereby disenfranchising the above mentioned communities from the democratic process.

To avoid any future communication breakdown that would result similarly, under the Freedom of Information Act the records/documents HB538 requested are as follows:

1. Copies of any and all correspondences, written or electronic, related to HB538.
2. Records pertaining to any and all meetings regarding HB538 including record of place, attendees, and meeting minutes.  
3. Record of any and all telephone conversions with anyone regarding HB538 including any business conducted on the required government devices as well your own personal devices.

I believe we are entitled a fee waiver or expedited processing because we are a community organization with limited funds and our members are citizens of the general population.  

It is most respectfully requested that immediately you all, Delegates Metzgar, Long, Grammar, and Nawrocki and Senator Salling co-sponsor and submit a bill to reverse the effects HB538 has on the County of Baltimore’s authority to regulate land zoning and development specifically at the shuttered 94-acre Fort Howard Veterans Hospital property. 

Lastly, by public request to facilitate this effort reversing the negative effect of HB538 on Baltimore County zoning and development regulatory authority at the Fort Howard VA property on February 25, 2025 I will be filing for elected office in Baltimore County for District Councilman.

If I can be of any help please contact me at [email protected] or  text/voice 443-503-9820.  Thank you in advance for all your help in this matter and again, best wishes in the 2025 session.

Most respectfully yours,

Scott Pappas

President, Fort Howard Community Association