Three months. That’s how long it’s been since the Talbot County Circuit Court sent the Lakeside project back to the Maryland Department of Environment (“MDE”) for a second review of its discharge permit, after receiving complaints about the content and process that had unfolded. Three months is also how long since the County Council first refused to hear a citizen’s Petition for Recission of Resolution 281, a temporary reversal of the green-light given to this project until we can all get to the bottom of what’s going on.
This Lakeside conflict is terribly important to the future of Talbot County—a subdivision of 2501 homes and shopping centers that will spray a huge volume of sewage effluent onto fields in the watershed of the impaired Choptank River. The project also challenges the County’s commitment to the “rural character and quality of life” that is the hallmark of our Comprehensive Plan, though that is a different story.
Here’s what’s up:
The County Council:
The Talbot County Council seems adamantly committed to doing exactly nothing about the risks at Lakeside. For three months the Council has been well aware that subsequent to the County’s approval, significant changes were made to MDE’s permit for the new Lakeside sewer system—changes pointed out in ShoreRivers’ successful petition to the Circuit Court. And new questions about the existing Trappe sewer plant relevant to Lakeside also have surfaced. (A quick rebuttal by the Town of some of those the claims has not yet been evaluated.) But the Council has shown zero interest in learning if there are any problems or not.
The County Council has called no session or hearing to look into any of this.
The Council has not asked the Planning Commission or the Public Works Advisory Board (“PWAB,” whose expertise is in this area) to look into it. On the contrary: on July 2nd the Council instructed the nominally independent Planning Commission and Public Works Advisory Board (“PWAB”), both made up of citizen volunteers, not to even discuss it, or the possibility of rescinding even temporarily the greenlight the County gave to Lakeside last year.
The Council has not so far acted on the Planning Commission’s request for legal representation of its own choosing, independent from the County Attorney and his law firm, as is common in other counties.
The County Council for three months has continued to refuse to hear my Petition for rescission of 281, since joined in by about 200 other citizens, even though that action is expressly provided in their Rules of Procedure. Instead, they are moving as slowly as possible in fighting the lawsuit I had to file on this little procedural issue.
Perhaps President Callahan and the other four Council members are all experts on wastewater treatment plants and effluent discharge questions. Perhaps they know for certain that none of these issues can possibly affect public health, or water quality, or sensitive areas, or the environment—aspects of our community the Council is obligated to protect under our Comprehensive Plan.
Or perhaps the Council is just so supportive of the Lakeside project and the developer that they will abide no delay, no matter what. Why is that? This is the most significant Talbot project in a lifetime—character changing, unfolding over decades. And the requested rescission of Resolution 281 which green-lighted Lakeside is “without prejudice,” meaning it can be re-adopted if it turns out the concerns are not really serious. Motivation for the Council’s refusal to confirm that Talbot County is protected, or to look at any of the dangers here, is mystifying.
The Planning Commission and PWAB:
Meanwhile, the Planning Commission and the PWAB have not been sitting on their hands. Both took seriously the information regarding post-approval changes to the MDE permit and other concerns. But faced with a direct instruction from the Acting County Attorney not to get into the issues, they took an appropriately conservative course: both spoke at the July 13th Council meeting expressing a commitment to look into these matters, but took no other action until after a closed-door meeting with the Acting County Attorney to discuss whatever “constraints” might pertain.
The Planning Commission then met and generated specific questions for the developer and for the Town of Trappe and for MDE that were sent out last week, with responses expected shortly. At least they have taken the matter seriously, are doing what they can in spite of the County Council’s apparent resistance. (Depending on the information they are able to uncover even at this late date, the PWAB and Planning Commission may or may not contribute comments or further questions to MDE as that authority considers the Lakeside discharge permit per the Circuit Court’s remand.)
However, so far as I can see there has been no reference to rescission of Resolution 281, even “without prejudice,” though it is possible the Lakeside project as we now understand it is NOT consistent with the standards of our Comp Plan. Perhaps the Planning commission somehow knows that none of the changes are important. Or perhaps in that “closed door session,” the line was drawn for the Commission and they were told that step is out-of-bounds. In any event, recission of Resolution 281 “without prejudice” is the one and only lever I believe the County has available that would influence the Lakeside development in any meaningful way.
Coming Up:
In a couple of weeks, the Planning Commission, perhaps along with the PWAB, will meet to discuss any new information they receive, and will decide what to do with that information. Stay tuned. MDE is holding a public hearing on the Lakeside discharge permit on September 8th, and will receive written comments through September 24th. And the Circuit Court may resolve in coming weeks whether or not the County Council can ignore the language of their own Rules of Procedure in refusing to hear a citizen’s petition presented in accordance with those Rules. (To join in this still-active petition, just send an email to that effect to [email protected].)
The most surprising thing to me is that County authorities—the Council most particularly—sees nothing wrong with an applicant presenting information to the County in order to obtain an important County approval, and then making numerous changes after the fact, without so much as notice to the County. It goes to the integrity of our system, and ought not be permitted.
Dan Watson is the former chair of Bipartisan Coalition For New Council Leadership and has lived in Talbot County for the last twenty-five years.
Herbert Kushner says
Passed where signs are located along 50. Lots of construction equipment cleaning land. Is this allowed?
Dan Watson says
Yes. Without rescission of Resolution 281, the first couple of hundred homes can be built irrespective of the MDE groundwater discharge permit.
Harry Leonard says
This project is so out of line with Talbot life and I can only wonder who on the council is profiting. Let me see…West and Callahan comes to mind. Chuck you should be better than this. That is simply too many houses…too much sewer a d the problems go on and on.
Marion Chambers says
Bravo! Maybe we need to follow the money. Increasing the population by 33% in Talbot County won’t cost the taxpayer anything. Nor will pumping their sewage on a field affect anything? Unbelievable!
Byron Yarbrough says
If you are curious about what Talbot County will look like in 15-20 years go to Charles Country and look at a development called St. Charles. I’m my opinion Lakeside is the beginning of the end of Talbot County.
Al DiCenso says
From all appearances, it is well under way, with major excavation taking place at the entry site. What gives?
Steve Shimko says
One of the things I have found telling is that the Talbot County Council has not seen fit to engage their own, independent engineering firm to assess the proposed waste water treatment (spraying treated effluent on the ground) method. While I am sure that the developer’s engineers in this matter – Rauch Engineering is extremely capable and qualified, we should not forget that they are hired by and being paid by the developer. They are, in effect, the developer’s expert witness. The County should do it’s due diligence and hire it’s own engineering consultant to provide an independent analysis of the proposed waste water disposal system.
Tyler Willis says
What sentient creature or county resident would be able to see anything positive in the Lakeside devolution? Follow the money, duh.
Poor Talbot county would do well to emulate Kent county protocols for development. Their zoning actually works to the benefit of the residents. Talbot’s “planning” is and has been a “special interests” wet dream.
Gerry Early says
Another excellent summary by Dan Watson. The behavior of the County Council in this and other matters is outrageous. The group–except for Pete Lesher–should be voted out next year.
Mary Nolan says
2501 new homes? Have they done any type of market research? Where are the buyers? Where will they work? So many more questions….
Walter Trice says
It will make Trappe grow into a town with a desire to live in a premier community.
E.W. Clucas says
Would one like to see the Wild West of Development………….? Look at an aerial view of Middletown Delaware 1980 and then 2010 . How long before Cambridge and Easton merge . Developments of this stature should surely go to referendum ! And now a development at the first woods on the Oxford road across from the Easton Club . Pave Paradise, put up a parkin’ lot . Some one said there are Delmarva Fox Squirrels in that woods ?
Deirdre LaMotte says
Good analogy with Middletown, DE, arguably
the finest soil for growing crops in Delmarva and now covered in
black top with plastic town houses and more
stores selling Chinese “crap”. Also, Kent Island.
Gorgeous before the 1980’s. Who profited by that haphazard, unsightly development? What an eyesore coming over the bridge and then reading
the sign proudly declaring “first British settlement” next to an Arby’s, or whatever. One cannot make this up…money obviously is involved and no planning is initiated. Just a rape of the land without any regard for “place”.
Talbot County: it’s up to you to fight for the integrity of your county!
Eva M. Smorzaniuk, MD says
The scale of this development of 2500+ homes, I.e., another 10,000 people in the county, makes me wonder how on earth it got approval almost 20 years ago! Nonetheless, we can imagine the impact now, on the town and county infrastructure, as well as on the environment. Sea level rise and storm water management have become critical issues on the Shore, to much greater extent than they were 20 years ago. In light of this and the distressing environmental data revealed by Mr. Watsons research, surely we should expect that our County Council act as stewards of the County. Instead, their actions, or lack thereof, suggest otherwise. It appears as though members of the Planning Commission and the PWAB are the ones who are looking out for the people of Talbot County
Greenwood says
I am happy to see Lakeside push forward and try to move a stagnant conservative county forward instead of backward which is the desire of most conservatives. Given the Talbot counties council do-nothing attitude on this and many other issues, this is sure not a friendly place for business or people. They ought to be ashamed. Talbot needs to grow or it will die.
DIRCK BARTLETT says
One function that the County Council has is a Board of Health. We sure saw them in action during COVID. As a Board of Health, your primary function is the general health and welfare of the citizens of Talbot County.
Dumping 540,000 up to 1,000,000 gallons of waste water on a field adjacent to our most polluted river (the Choptank) is a matter that should be like a slow pitch across the plate.
Their duty to the citizenry is being ignored. Even a past Town of Trappe official sent an email complaining about poor performance of the sewer plant in Trappe and this triggers no cause for alarm? This is a sad state of affairs and you would think Pete Lesher would be going crazy and demanding answers since he was the only one who voted against the approval to allow the project to move forward. The County attorney is also giving bad advice. The county council should be telling the county attorney to figure out how to recind a decision that was based on bad information from the Town of Trappe and the developer.
Jean Rhian says
Thank you for moving to protect the interests of the citizens and county of Talbot.
Jim Willey says
This is absolutely not in the interest of Talbot County lifestyle. The majority of the residents for these new homes will not be eastern shore people. It will change the majority of citizens to be not from the shore and not understand what we have and want to maintain