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Ferry Point Marina Restaurant Dispute Continues

At a fifth hearing Wednesday evening, the county Board of Appeals again continued the permitting dispute over whether Ferry Point Marina should be allowed to build a successor to Magothy Seafood on its property.

 

Even if Anne Arundel County gives final approval for a new restaurant at Ferry Point Marina, it is unlikely to be open for guests this summer.

At a fifth hearing Wednesday evening, the county Board of Appeals again continued the permitting dispute over whether Ferry Point Marina should be allowed to build a successor to Magothy Seafood on its property. The board members will conduct a second site visit to the Mill Creek Road marina in Arnold on Saturday, and then wait for written closing statements from attorneys. The earliest a decision can be rendered is late July.

A proponent of the project said the restaurant could be ready to go in as few as 10 weeks after the matter is settled.

The issue is two-fold. Opponents say the restaurant will be built in a critical area and that the county did not do a complete site review when issuing permits last year.

Anne Arundel County granted two building permits and a liquor license to Ferry Point LLC, owners of the marina since 2007. Magothy Seafood closed in late 2009 when the marina’s owners did not renew owner/waterman Don Broglie’s expiring lease. Since that time the marina has planned to open it’s own outdoor family-style neighborhood restaurant on the footprint of the last operation. The plan is to build two permanent outdoor pavilion-style buildings at a cost of $55,000, according to the permits.

The case went to the Board of Appeals in March when Twin Harbors resident Michael Lynch protested. He said the last restaurant was illegal and therefore a new one built on the same footprint will also be unlawful.

Lynch has lived directly across Mill Creek from the marina since 1987.  When he moved there, Broglie was steaming and selling crabs at the marina site. Over the years he added picnic tables, got a license to sell beer and wine and eventually put a tent over the operation that became Magothy Seafood.

“All of this happened after critical areas laws were passed in 1985,” Lynch said after the hearing. “The crux of my argument is that Magothy Seafood was an illegal restaurant so building on that footprint is also illegal.” He added that he never contested the Magothy Seafood operation because he figured permits were issued as it expanded.

Much of the testimony Wednesday centered on the incorrect dimensions of the building as listed on the permit. Marina co-owner John M. Kurtz testified, “We realize that we were misled as to the size of the tent, but we are prepared to make a correction.”

Licensed civil engineer Danny Boyd also testified that under his supervision a new plat of improvements was prepared based on the correct size. “The major point is that the footprint remains exactly the same,” he added.

Lynch, however, contends that changing the dimensions and building a permanent structure is not “a replacement in kind.”

“I am challenging the fact that these permits were issued without proper review,” Lynch said. “I feel that if the county conducted a full site plan review, all of the issues would be addressed. I would possibly agree to a restaurant on the site if it went through a full review, but I do not trust the county to do it right.”

In addition to the site being in a critical area, Lynch feels issues of noise, boat and road traffic and trash removal also need to be addressed.

Related Topics: Ferry Point Marina and Magothy Seafood
What do you think of the appeals process so far? Tell us in the comments.

Michael Oles

5:11 pm on Monday, June 20, 2011

It is hard to believe that with a permitting process that is so detailed and so drawn-out a permit is still not issued. The owner's of Magothy Marina are great people and from our experiences with them show they are concerned about the Bay. They followed the rules, even when the rules allowed for numerous delays and excessive costs associated with those delays. They have now lost an entire season of sales and local workers have been denied another source of jobs. For what? Just to show that our republic form of government can allow everyone a say in the process? In America, at some point the desires of the few must yield to the desires of the many. We haven't heard an overhelming outcry against rebuilding a business that has been there for decades. If anything there has been consistent support for the re-construction of another hidden gem on the Magothy. Let them build already!

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H.F. Trampolini

9:33 pm on Monday, May 21, 2012

The owners are building a structure right on the bulkhead. The previous operation was never permitted, The Board of Appeals approved it because their ignorant. This was supported by the Magothy River Association, because they launch and drink there. The permitting process is there to protect the bay. This is right up there with Wagners building. The "business" was not there for decades, Don put up his 'tents' without permits. Barges beaching next to the boat ramp on community park land, backhoes driving across the shoreline. Figure it out. Head over there when its raining and get an educated. The damn creek turns grey with a stream running off the property. They could have moved it up the hill out of the flood zone but no, put on the damn bulkhead, make it a hard structure with no run off control. MRA, you lost a supporter with your hypocrisy. The majority of the comments here have no basis in fact. Mr. Lynch is a property owner and he has just as much rights as do the marina owners. Its all good for you to come down and drink, but how'd you like it listen to drunks every night? That's the reality, past experience, drunken boaters crashing out of the creek. Mago Vista community get ready, illegal parking, drunks flying up your roads at 2 in the morning and sweet home alabama playing endlessly.

Adhering to the rules, right, the chain saws are still at it at 9:15 and I've got a 5 A.M. flight, my dear Ferry Point neighbors. Thanks.

Mark Rhoha

12:37 am on Tuesday, June 21, 2011

What a shame that someone with an obvious axe to grind can hold up a small business to this degree and in this economy. With any reasonable argument one would ask, "how would this proceed if the people on both sides of this switched places". By the lack of any solid reasoning by Mr. Lynch other than the law in 85', he should be ashamed of himself for trying to hold up this process for personal reasons. I hope they get a slots permit for all there trouble and I voted against slots in the last referendum. He moved into a neighborhood that had business, that enhanced the value of the area, and he wants to keep resisting change which by most is positive. To bad he doesn't respect what this country stands for which is for each to prosper. Let's see him run a business that gives so many people in the community jobs for so long. My hats off to the marina for their persistance. They have every right to do what they want with there property if it is for the greater good/food! See you next summer! Cheers! - Mark

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Sam Hackman

10:21 am on Tuesday, June 21, 2011

I agree -let this restaurant open!

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Margaret Tessier

10:36 am on Thursday, June 23, 2011

Margaret Tessier
Oh. my! Where is our crab house? What's the hold up here? Seems like the county would welcome the jobs and the income and also be happy about the smiling faces of satisfied customers. We've been waiting forever for this restaurant.
Is it time to picket the courthouse? Make up some creative signs? Maybe so.
What's going on? Hmmm.

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Christy Barrett

6:45 pm on Tuesday, July 5, 2011

Mr Lynch....were you one that used to call the police on us on a daily basis? I worked at Magothy Seafood for several years and believe that this is a great spot for us as a community to come together. In the several years that I worked there I met some of the nicest people and still to this day see and communicate with them. Not only did I work at Magothy Seafood, I was also the Office Manager for Ferry Point Marina for 4 years. As for the assumption and that is exactly what it is an "assumption" that Magothy Seafood was illegal, I can tell you that if that was the case the previous owners of the Marina would not stand for that! As for "critical area" the former owners and employees of Ferry Point Marina worked long and hard to have the marina considered a "Maryland Clean Marina" which cost a lot of money to have grass beds put in to avoid run off. If you really want something to do why don't you worry about the human feces that are floating down Mill Creek due to the pumping station failing. That is something to worry about, not a local business trying to bring the community and family together!

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Maureen Thomas

6:16 am on Wednesday, July 6, 2011

Some people are just not happy unless they are being killjoys! I live in the community, have been a regular for years. Never saw loud, rowdy, crowd, just a fun place for the neighborhood and boaters to gather. Almost everyone I talk to is excited about the prospect of the re-opening. Except one person who lives across the creek, found the "sound of crab mallets" too disturbing for words! This is what we are dealing with. Hopefully by next summer our tikibar/crabhouse will be back.

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Harry

11:44 am on Saturday, July 30, 2011

Permit is for permanent hard structure with no stormwater management on the bulkhead, loud music and bozos flying into the creek. Don's operation was illegal, the only permit was for 97 sq. ft. crab steaming operation. That is the fact. New owners tried to get him out by raising rent 300%. They went before liquor board for a 7 A.M to 2 A.M license to sell liquor, 7 days a week. Liquor=drunks. First operator that was going to move in ACME BAR & GRILL.... So much for the family style restuarant. There were plenty of boaters flying in and out of the creek until 3-4 in morning when it closed at 11. I know I live on the creek. I've home at 11-12 p.m. by boat and found drunks with no lights, screaming about engine troubles. TNew owners don't need to build in the BUFFER, right on the bulkhead. Move it up, enclose it and make it into a restuarant with a small deck. Expand your slip spaces. Mr. Lynch and others have made a life's investment in their homes, they/we have the right to peaceful enjoyment of our property. Property rights don't only apply to NEW owners of the marina. I was here a long time before they entered the picture. They've no right to build without complying with the law, like everyone else. Everyone loves a tiki bar, but do you want one next to your house, open 17 hrs a day? Probably not. People in Mago Vista should be very concerned. Liquor and driving not a good combo, it's a distance to College Parkway. Do love the sound of motorcycles and look at me exhaust?

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Kip

8:42 pm on Tuesday, July 3, 2012

I'll be driving my Suburban (not a Harley) through Magothy Vista. And when I come by water I'll be in a Hinckley. So much for the weak attempt of stereotype. I'll have a Bud Light and an order of little necks! Can't wait.

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Stuart McGeady

8:26 am on Saturday, November 24, 2012

Good comment thread! Writers should remember their "There, Their, and They're" grammar. Hope everything is going well now that The Point is up and running.

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