Letter to P & P Regarding BlueRidge Ave Development

TO:   Chair Montgomery County Planning Board
CC:   Montgomery County Council
FROM: Residents in the Upper Sligo Watershed (Silver Spring, MD 20902)
SUBJECT: Request for Proper Notification and New Public Hearing on
         Preliminary Plan 1-02023 - Westchester- Nairn- Blue Ridge development

July 21, 2003

Dear Chairman Berlage;

This petition is being submitted to assert our right to appropriate
notification of plans affecting our neighborhoods and the adjoining park.
This notification is important to our right and civic duty to testify at
public hearings or otherwise go on record regarding such plans. We protest
the denial of this right for Preliminary Plan 1-02023, the Westchester or
Nairn property (at the corner of Blueridge Ave. 100 feet South of Nairn Rd)
due to inadequate notification.

A public hearing was held on May 22, 2003, without notification as mandated
in the county code (below) and the Planning Board's own printed guidelines
(below and attached). For example the residents of 1808 Blueridge Ave.,
which adjoins the property in question, were not notified, nor were the
owners of the property fronting to the site at 1805 Blueridge Ave. Because
they were not notified, they and many others were denied their right to
testify at the May 22, 2003 hearing. Only two families on Reedie Dr. whose
back yards adjoin the site were notified. They attended the May 22, 2003,
hearing unaware that none of the other citizens had been notified, even
those who had already expressed an interest and who testified at the January
2002 public hearing on the previous preliminary plan. 

This notification error was compounded by an additional error in the the
Planning Board agenda which was incorrect. The notice stated the hearing was
for changes to an existing dwelling (which neighbors took to mean
renovations to the existing home at 1808 Blueridge Ave. directly adjoining
the site in question). This was another reason that word was not spread and
that local citizens were not aware of the hearing. 

The notice stated: Preliminary Plan Review No. 1-03023 - Westchester
(Deferred from January 17, 2002 Planning Board Public Hearing); R-90 zone; 1
lot (1 existing one-family detached dwelling unit); 0.4784 acres; On the
south side of Blueridge Avenue, approximately 100 feet east of Nairn Road;
Kensington/Wheaton 

FIRST HEARING, January 17, 2002.  This was the first public hearing of the
planning process. At this time the Nairn family's lawyers brought to the
Board a plan to build two single family detached houses. Several neighbors
voiced reasons why no houses at all should be built on the property due to
its environmentally sensitive nature. The county and the Planning Board
notified all those adjoining or fronting the property and others close by.
The neighbors got together, obtained picture and plans and testified. At the
January 2002 hearing, the preliminary plan for two houses was rejected and
deferred because of the negative impact on the stream and the park. The
neighbors thought the plan, as a whole would not be carried out because of
the environmental issues.

SECOND HEARING- May 2003.  At this hearing the Montgomery County Planning
Board approved a single new house that is to be built at the bottom of
Blueridge Avenue within the drainage area at the current headwaters of Sligo
Creek. The construction will involve clearing of the forest adjacent to the
park. This hearing was held without the necessary notification to the
community. This lack of appropriate community notification denies us our
right to provide input about development in an environmentally sensitive
area or to counter misleading information given at the hearing by the
developers. For example at the May 2003 hearing, the developers told the
Board that only three significant trees will be cut down. The actual plans
show that at least seven large trees will be cut down. After an on-site
count of all the trees, it appears that more than 20 trees will be taken
down. 

This urban forest represents a unique benefit to county residents, not just
those close by the site but all those who use the park and enjoy the stream.
Unchecked storm water run-off into Sligo Creek is a significant problem,
which will be exacerbated by this new development. This small mature
bottomland forest sits on the headwaters of Sligo Creek in the Sligo Creek
Stream Valley. Sligo Creek has undergone major restoration over the last
several years at a cost of several million dollars of taxpayers' money. With
the proposed construction on this property, the stormwater runoff situation
- already a problem - will get worse and will increasingly damage the creek
and the surrounding wetlands. Lack of community notification deprived us of
our right to ask that this and other important issues be addressed. 

The county's responsibility is stated in Sec. 33A-6. Public Hearing. The
Commission must conduct a public hearing on the public hearing draft plan or
amendment. The public hearing may be conducted in the area affected by the
plan, if practicable. Notice of the hearing must be given not less than 30
nor more than 60 days before the hearing by publication at least once in a
newspaper of general circulation in Montgomery County. In addition, the
Commission must mail notices to all citizens' associations which the records
of the Commission show are located in or adjacent to the planning area. The
notice of the hearing must specify the time and place of the hearing, the
area of the County affected, and the subject matter of the hearing. (Ord.
No. 7-38,   1; Ord. No. 12-47,   1.) 

The Montgomery County Planning Board flyer "How to Participate Effectively
in the Subdivision Process" states in the section titled "Public Notice"
that there are several ways to notify residents: 
1. An applicant is required to send a written notice about the requested
  subdivision and a copy of the plan to adjacent and confronting property
  owners. (NOTE: ONLY 2 OF THE 4 ADJACENT AND CONFRONTING OWNERS WERE
  NOTIFIED- the Friedman's and Ro's were NOT notified although they adjoin and
  confront respectively on Blue Ridge). 
2. The Development Review Division of the Department of Park and Planning
  sends written notice and a copy of the proposed plan to appropriate
  citizens' associations and home owners associations that are listed with the
  Planning Board (NEITHER NOTICE NOR COPY OF THE PROPOSED PLAN WERE SENT TO
  THE UPPER SLIGO CIVIC ASSOCIATION WHICH IS REGISTERED WITH THE COUNTY).
3. In the case of Cluster Subdivision, which allows more flexible
   development standards such as smaller lots, the applicant must post a sign
   on the property. 

The section titled "Public Hearing" states: "Notice of the public hearing is
mailed by staff of the Development Review Division to all persons and
associations who received the original notice, as well as other parties who
have expressed an interest." However, most of these residents who attended
and/or testified at the first hearing in 2002 were not notified of the May
2003 hearing. At a minimum this needed to be done according to the county's
own written regulations and guidance.  In addition, while searching the
local papers, we have not been able to find any notice that a hearing was to
be held on May 22, 2003. Signs were not put up on this property in January
2002 or in May 2003 informing local citizens of these planned changes to the
property. 

People who live in this area and people who care about Sligo Creek Park,
which will be negatively affected by new development, have a legal right to
be heard. We request an additional public hearing with proper notification
according to county guidelines to fully discuss the issues, especially those
affecting Sligo Creek, that were not addressed in the earlier hearings. We
additionally request our right to proper notification of all future issues
affecting our neighborhoods be honored by the Planning Board.

Sincerely,
(all addresses in Silver Spring, MD 20902, more signatures collected and to
follow)

Edward Murtagh
Sligo Headwaters Civic Association
Friends of Sligo Creek
1904 Ventura Ave. 301-649-7266
edward_b_murtagh@yahoo.com

Rob Harkins
Sligo Headwaters Civic Association
11402 Channing Dr.
301-593-0134
harkhick@erols.com

Vernelle Murtagh,
Headwaters of Sligo Civic Association
Friends of Sligo Creek
1904 Ventura Ave. 301-649-7266

Rosemary J. Dempsey, Attorney
Upper Sligo Civic Association
11100 Luttrell Lane, 301-649-9152

Ron Tucker,
Sligo Headwaters Civic Association
11505 Colt Terrace
(301) 593-0012

Robert K. Wild,
Sligo Headwaters Civic Association
11514 Colt Terrace
(301) 593-3603

Nan Martino,
Sligo Headwaters Civic Association
11501 Colt Terrace
(301) 754-1091

Sandy Triolo
Sligo Headwaters Civic Association
11501 Colt Terrace
(301) 754-1091

Paul A. Johnson 
Sligo Headwaters Civic Association
1902 Ventura Ave. 240-426-8468

Russell Johnson 
Sligo Headwaters Civic Association
1902 Ventura Ave. 301-649-6051

Geraldine Johnson
Sligo Headwaters Civic Association
1902 Ventura Ave. 301-649-6051

Amy/Pierre Cassagnol 
Sligo Headwaters Civic Association
11500 Channing Dr. 301-681-9678

Lori Beaston
Sligo Headwaters Civic Association
1903 Ventura Ave. 301-649-9624

Richard Frysinger
Sligo Headwaters Civic Association
11404 Channing Dr. 301-681-1193

Malvin Beller
Sligo Headwaters Civic Association 
1906 Ventura Ave. 301-649-3892

Leah V. Haygood
Sligo Headwaters Civic Association
11505 Colt Terrace  (301) 593-1789

Kim R. Costanzo
Upper Sligo Civic Association
11100 Luttrell Lane, 301-649-9152

Kathleen Michels
Upper Sligo Civic Association
1701 Ladd St., 301-649-5684

Robinson Ro
Sligo Headwaters Civic Association
1805 Blue Ridge
301-649-3933

Linda Kibbienja 
Sligo Headwaters Civic Association
1907 Ventura Ave. 301-649-7217

Anna Friedman
1805 Blueridge

Kristina Belmont 
Upper Sligo Civic Association
11100 Luttrell Lane, 301-649-9152

Jerry Kickenson
Upper Sligo Civic Association
1701 Ladd St.
301-649-5684