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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 494 September Term, 1995 _______________________________

MONKTON PRESERVATION ASSOCIATION, et al.

v.

GAYLORD BROOKS REALTY CORPORATION

_______________________________ Wilner, C.J., Moylan, Wenner, JJ. _______________________________ Opinion by Wilner, C.J. _______________________________ Filed: January 2, 1996

This

appeal involves the review process required of the Appellants argue that, on

Baltimore County Board of Appeals.

appeal from a hearing officer's decision on a development plan, the Board of Appeals must conduct a de novo hearing, or at a minimum, the Board must make an "independent evaluation" of the record. Appellants also raise several procedural issues in which prejudice is alleged. We find no merit to their assertions and shall

therefore affirm the judgment of the Circuit Court for Baltimore County. BACKGROUND The controversy originated in November 1992, when the Gaylord Brooks Realty Corporation held a concept plan conference for the development of a 15 lot residential subdivision of single family dwellings on 85 acres of land zoned RC-4. The proposed

development, known as Magers Landing, is located on the north side of Monkton Road at its intersection with Piney Hill Road in northern Baltimore County. Article submitted Meeting. 5, to "Development the Pursuant to County Code, Title 26, Regulations", for comment the at concept a plan was Input

community

Community

On December 31, 1992, a development plan for the project

was filed in Baltimore County, comments were submitted by the appropriate agencies, and a revised development plan incorporating those comments was presented to a hearing officer on February 10, 1993. At the preliminary stage of the hearing, Gaylord Brooks Realty and the represented Baltimore County agencies responded that there

were "no unresolved comments or conditions which needed to be addressed." Appellants had various concerns about the proposed They complained that stormwater management

development, however.

had been waived by Baltimore County for the proposed project and that such a waiver would have a negative environmental impact on the surrounding properties and the nearby Gunpowder River, that the development "involves" buildings on Baltimore County's Landmarks Preservation List, that Baltimore County Code

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