WHITE MARSH, MD—The White Marsh Cowenton-Improvement Association says it is seeking legal council after alleging that Baltimore County officials violated County Code last month with regard to a proposed Evans Funeral Chapel crematorium in White Marsh.

Several public meetings have been held regarding the proposed crematorium and area residents and public officials have expressed concerns over the potential pollution and harmful emissions the would result.

In a press release sent to NottinghamMD.com on Wednesday, the WMCIA claims that the Baltimore County Department of Permits, Approvals and Inspections violated County Code 32-4-205 on August 12, 2024 when it recorded a plat on a property hat is subject to Comprehensive Zoning Map Process (CZMP) 2024, issue 5-063 (PDF).

WMCIA president Heather Patti states the following in the press release:

“The property at 11543 Philadelphia Rd was listed as an issue in the CZMP 2024 cycle (5-063), which began September 1st 2023. The property owner was notified of this in writing, and his attorney mentioned in an ALJ hearing in May that Councilman Marks has filed a CZMP issue on the property, so there can be no misunderstanding regarding who initiated the zoning request.

“Baltimore County Dept of Permits, Approvals and Inspections (PAI) should have been aware of issue 5-063 as well. However, on 7/24/24 the plat was signed off, and on 8/12/24 the plat was approved/recorded.

“None of this should have been able to happen, yet it has. While county code doesn’t allow for plat recordation to be appealed, we the community are planning to file a petition for a Special Hearing to challenge the vesting of zoning by recording the plat.

“According to BCC 32-4-205 a plat can’t be recorded until CZMP concludes IF the issue was initiated by the Dept of Planning OR the County Council. (Issue 5-063 was initiated by Councilman Marks.) Therefore , the Baltimore County Dept of Permits, Approvals and Inspections violated county code when they recorded the plat on Aug 12th.

“Further, BCC 32-4-264(b) says that vesting on a non residential development plan occurs

a) when substantial construction occurs, or

b) upon plat recordation.

“Baltimore County Code is extremely clear on how a plat becomes vested. Further Larry Schmidt, former Zoning Commissioner, obviously knows this. (Larry Schmidt of Smith, Gildea & Schmidt represents Evans Funeral Chapel.)

“Questions remain:

• WHY DID BALTIMORE CO ALLOW THE PLAT TO BE RECORDED?
• HOW DO WE HOLD THEM RESPONSIBLE FOR THEIR EGREGIOUS ERROR?
• HOW DO WE FILE A PETITION FOR SPECIAL HEARING CHALLENGING THE VESTING OF ZONING BY RECORDING THE PLAT?
• WHY ISN’T BALTIMORE CO PEOPLE’S COUNSEL TAKING THE LEAD IN THIS?

“Surely it’s an embarrassment that Baltimore Co. violated its own code and a mockery of county code and Councilman Marks by ignoring the CZMP process.

“We are in the process of obtaining legal counsel to proceed with challenging this error.”

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