Letter to the Editor: Bel Air Development Regulations

The following opinion was shared by a Patch reader

Three new Bel Air Town Commissioners were sworn in on Monday, November 20, 2023. The new Commissioners, together with a holdover Commissioner, introduced at their inaugural session four changes to the Town of Bel Air Development Regulations. These ordinances are scheduled to be voted upon at a specially called meeting to be held on December 11, 2023. Even though they are directly contrary to the Town Comprehensive Plan and will have had little public dissemination, the four Commissioners will no doubt plan to approve them at that meeting.

It is important for residents of the Town of Bel Air to understand the implications of these fast-tracked laws, as they will have major impacts on the future of the Town, both fiscally and culturally.

Together, the four ordinances greatly diminish the likelihood of any sort of multi-family housing being developed within Town boundaries. Perhaps most impactful is the change which would prohibit any one building from having more than twelve dwelling units within it, which could be increased to 18 under certain guidelines. This ordinance, for instance, would have prohibited the construction in its present form the multi-family condominium community located at Gateway. Setbacks are also increased. Height maximums are decreased from 55 ft. to 40 ft. School capacity is subject to a new formula which will essentially close the Town to any multi-family or small lot subdivision.

Together, these ordinances will act to halt residential growth in the Town. The creation of in- town residential units has been a primary goal of Town administrations for many years, as this has been seen as virtually the only way to improve the retail environment of the Town, particularly the struggling shops on Main Street. These ordinances will derail these efforts.

Perhaps most immediately, the ordinances will act to prohibit multi-family dwelling projects which are now in various states of development, at least three of which have either filed development plans with the Town or have had them approved. Those projects may be unbuildable if these ordinances are passed. Furthermore, the Town will be subject to the real possibility of multiple lawsuits. Aside from the significant loss of investment which the developers will suffer, the impact to the Town tax base will be perhaps as high as 60-80 Million Dollars, which would result in a direct yearly loss of property tax revenue to the Town of $300,000.00 to $400,000.00.

To that must also be added the loss of sales tax to be collected from these lost residents and, of course, the Town’s share of the income tax paid by those lost residents.

The Town is now and has for many years suffered from negative impacts to its property tax base due to the increased acquisition by the State and County of properties within the Town, which accordingly takes these properties off the tax roll. These actions of the new Town Commissioners to intentionally discourage new residents from moving to Bel Air by limiting housing availability will further act to curb any increase in tax revenue.

The ordinances are hastily conceived with no concern for their future negative impact.
Due to the very unusual scheduling of these ordinances, it seems that the Town Commissioners may attempt to pass this legislation with little opportunity for any thoughtful community input. Nevertheless, Town residents should be aware that, far from protecting our Town, these proposals have the potential to alter it in quite radical ways.

Sincerely,
Robert F Kahoe, Jr.