PLEEZ – More Transparency and Citizen Involvement, Not Less
President’s Letter by Susanne Lee
Montgomery County Council Committee action on the “Motels in the Agricultural Reserve” Zoning Text Amendment (ZTA) 23-09 has been delayed until the Summer. Outright rejection would have been much better, but at least it’s stopped for now. And the delay would not have happened but for the efforts of individual citizens, citizen organizations, and the agricultural community. How did this whole thing occur without their input up front?
The entire process is insanely opaque and lopsided. Private development interests propose and the elected and appointed officials hop to in order to make it happen. We had high hopes with the addition of new Council Members and a new Planning Board, especially given how outrageous the actions of the prior ones had been. But watching the Planning Board in action during their deliberations on the Motel ZTA showed it was the same old, same old. The staff had done their job very well pointing out the obvious flaws in the ZTA and the unique history of the Ag Reserve and its Master Plan requirements – to preserve and promote agriculture – the production of food and fiber. The staff proposed amendments to require that the structures be limited to land that is not high value for agriculture. The Planning Board rejected that. The staff pointed out the obvious conflicts with the Maryland State statute the Council cited as the basis for the ZTA. The State enabling language expanded agritourism solely to include “camping” and “incidental outdoor stays”, not motels or retreat centers. But the Board rejected those obvious limitations and instead approved a ZTA that would allow multiple permanent indoor structures with bathrooms. The Planning Board hearing included comments from Board members expressing their support for large retreat centers and their personal issues with camping including their need for toilet facilities during the night!! It prompted memories of the previous Planning Board pressing the developers to assure that if the senior living facility was approved, the Planning Board members’ elderly relatives would be able to secure a place there. Not just outrageously inane comments, but these are supposed to be public servants, not mouthpieces for their own and development interests.
Then, buried in the crush of the holiday seasons comes ZTA 23-11, Regulatory Approvals – Conditional Use and Subdivision Regulation Amendment (SRA) 23-02, Preliminary Plan – Approval Procedures sponsored by Council President Friedson. At first glance they seemed like innocuous housekeeping proposals from the Office of Zoning and Administrative Appeals and the Planning Board. But no. As indicated in this testimony by Danila Sheveiko of the Kensington Heights Citizens Association, it clearly is a significant overhaul of both the conditional use process and the subdivision regulations making the whole process even more opaque and one sided. See Montgomery County Council January 23, 2024 hearing link – beginning at approximately minute no. 35:
https://www.youtube.com/watch?v=bCPdAN4B0UM&t=2897s
Chain of Custody Bill for Used Artificial Turf
Submitted by Carol Van Dam Falk
Maryland finally has a bill number for the chain of custody bill for used artificial turf:
Legislation – HB0457 (maryland.gov)
This bill requires each sequential owner/custodian of a plastic field to tell MDE where they got it, and where it went next. No fees or approval, just a reporting requirement. Stay tuned as we follow further developments regarding this important legislation.
WSSC Public Meeting for the Avenel Equestrian Facility
Submitted by Kathy Petitt
WSSC advised the Avenel Community Association of its plan to hold a meeting to discuss their next steps relating to the Equestrian Facility Condition Assessment on February 8, 2024 at Carderock Elementary School, 7401 Persimmon Tree Lane, 7:00-8:30 pm. This meeting follows the meeting that was held at the Tournament Players Club (TPC) Potomac at Avenel Farm on December 4th, 2023 with WSSC regarding their decision to close the barn and cease its operations.
As the Avenel Community Association previously reported, after the meeting on December 4th, the Association corresponded with WSSC, and requested certain additional information. WSSC recently replied to the Association’s correspondence. The following is correspondence from WSSC shared by the Avenel Community Association which includes WSSC’s third party limited structural review of the barn which was requested. To view WSSC’s reply, click here. To view the limited structural review, click here.
The importance of preserving the Equestrian Facility, foundational to Avenel and Potomac’s heritage, was on full display, based, in part, on the number of individuals who attended and commented during the meeting. WSSC heard from many Potomac and nearby Bethesda residents as well as other stakeholders, including present and past boarders and patrons of the Equestrian Facility. During the meeting on December 4th, WSSC committed to engage the community moving forward, and keep the Avenel Community Association informed of their next steps. We appreciate that they are holding this meeting to provide an opportunity to learn of their immediate (and future) plans.
Montgomery County residents and other interested stakeholders are strongly encouraged to attend the February 8th meeting, remain engaged, active, and continue to communicate with the property owner, WSSC. The Avenel Community Association’s goal is the preservation of the Equestrian Facility. The Association maintains its position regarding the significance of the Equestrian Facility to the community and Potomac region and will continue to advocate for its preservation. WSSC will be mailing a postcard announcing the meeting this week. To view their mailing, click here.
In the event you have any questions, please email General Manager Lucy Wilson at Lucy@liveatavenel.com.
Zoning Violations (Illegal Uses/Activities & Occupancy Limits)
Submitted by Barbara Hoover
Zoning compliance in Montgomery County is all too often “complaint driven”, so it takes vigilant neighbors to bring concerns to the attention of authorities. These include improper uses/activities in residential, business, and other zones and violations of building restrictions such as setbacks, lot coverage, and height limits. The Department of Permitting Services (DPS) will investigate alleged zoning violations involving such topics as home occupations, commercial vehicles on residential properties, illegal signs, and Special Exceptions.
If you are concerned about possible zoning violations, there are two ways to file a complaint:
By telephone: Call 311 in Montgomery County
Outside of Montgomery County, call 240-777-0311
Your complaint may require multiple departments to investigate and MC 311 is equipped to coordinate the investigation.
- Submit an Online Complaint (you can choose to be anonymous):
https://permittingservices.montgomerycountymd.gov/DPS/online/eComplaint.aspx
REMINDER: IT’S TIME TO RENEW YOUR MEMBERSHIP FOR 2023-2024!
Please renew or become a new member of WMCCA. Go to our website www.wmcca.org to download a membership form or join using PayPal: Individual: $25 / Family: $50. We encourage donations to our Legal Fund. While we strive for positive results without litigation, sometimes it is unavoidable and highly effective. Contributions from members enabled us to join efforts to successfully address several issues as they affect the Potomac Subregion Master Plan, zoning, and environmental threats to the “Green Wedge”, our creeks and water supplies, and the Agricultural Reserve. If you have any issues or concerns in your neighborhood, please contact WMCCA. We appreciate the input from our neighbors. Thank you for your support !! Our Membership year runs from October 1st to September 30th.
IN-PERSON WMCCA Meeting February 14, 2024 – 7:30 p.m.
SPEAKER: Kenneth Bawer, West Montgomery County Citizens Association (WMCCA) Board Member
Stormwater runoff fueled by intense development and climate change increasingly impacts the Potomac
Subregion. This includes damage to streams and their ecosystems, the properties that abut the streams,
and even the structure of the C&O Canal. Eventually the runoff reaches and pollutes the Potomac River and the Chesapeake Bay. Ken Bawer, current Board member and former President of WMCCA, will provide an overview of the causes and ways to prevent and address stormwater runoff and its negative impacts. Ken’s presentation will focus on issues surrounding stormwater control including how residents’ needs can be met, the underlying regulatory drivers, and ways to control and mitigate stormwater runoff.
As always, the public is welcome to attend!
West Montgomery County Citizens Association Newsletter
P.O. Box 59335, Potomac, MD 20854-9335
President – Susanne Lee: President@WMCCA.org
Website: WMCCA.org – Thomas Fahey, Newsletter Editor – Nancy Madden
West Montgomery County Citizens Association 