Work session minutes and Council minutes, Dec. 2008

SECTION 5 OF THE VILLAGE OF CHEVY CHASE

MINUTES OF THE WORK SESSION

Date: December 9, 2008

Time: 6:30 PM

Place: 5906 Connecticut Avenue, Chevy Chase Village Hall

Present: Margy Abbott; Frances L. Higgins; Chris Richardson; Ira Rosenbaum; Andrew Smith; Alan Beal; John Higgins, Kevin Bromberg

The purpose of this meeting was to discuss whether Section 5 will continue to use the County’s front and back setbacks or adopt ones more stringent than the County’s. At the last work session Andrew asked if a house extends into the front setback, is it possible to construct an addition on the top of this nonconforming structure. The manager spoke to Susan Scala-Demby in the County’s permitting office and she said that an addition may not be built on top of a structure which extends into the front setback without a variance.

There was some discussion about adopting a more stringent front yard setback than the County’s. Alan said that the County enforces the established building line for new construction but not for additions, thus Section 5 residents may construct additions on structures that do not meet the EBL requirement. The County does enforce the 25 foot front yard setback for Section 5 residences. The Council is presently considering maintaining the current County code for front yard setbacks.

For lots recorded in Section 5 before 12/31/1953 the side setbacks may be either 5 feet or 7 feet depending exactly on when the lots were recorded. There was some discussion about changing the side setback rule. Properties recorded after 12/31/1953 must adhere to a more stringent rule, namely that the minimum side setback must be 8 feet and the total of both side setbacks must be no less than 18 feet. This is the so-called 8/18 rule. Some lots in Section 5 have a 5 foot setback whereas others have a 7 foot side setback. A resident asked if a house with a 5 or a 7 foot setback is demolished would the owner be able to use the 5 or 7 foot setback for the new construction. Alan said that the 7 foot side setback applies to a Section 5 lot even if the house is demolished and a new one is built; however, he said that he does not know about the 5 foot setback. The manager will contact the County about the 5 foot setback question. There was a suggestion that the Council enact an ordinance which would require use of the 8/18 rule for new construction such as additions to a main house conforming 5 or 7 foot side setbacks. This setback would not need to be divided equally with 9 feet on each side but rather some combination which equals 18 feet. Ira said that this would require a rear addition to be narrower than the present structure. A resident said that this narrowing of the addition would afford a break in a long wall plane of an addition. It was suggested that one of the reasons for changing the side set back rule is to provide greater space between houses and to protect the open space afforded by backyards.

Margy suggested that the Council have another work session at 6:30 PM before the January 13th Council meeting; the Council agreed and the manager will provide dinner. At this meeting the Council will continue its discussion of proposed zoning ordinances.

SECTION 5 OF THE VILLAGE OF CHEVY CHASE

MINUTES OF THE COUNCIL MEETING

Date: December 9, 2008

Time: 7:30 PM

Place: 5906 Connecticut Avenue, Chevy Chase Village Hall

Present: Margy Abbott; Frances L. Higgins; Chris Richardson; Ira Rosenbaum Andrew Smith; 2 Section 5 residents

Andrew moved that the November 14, 2008, Council Work Session and Council meeting minutes be approved as amended; Margy seconded the motion and it passed unanimously.

Margy said that the town has spent approximately $90,000 of its current budget. She said that the town has received almost $300,000 in State income taxes to date. She moved that the town add money to whatever amount the town’s residents donate to the trash company holiday bonus fund to guarantee a $5,000 bonus to be given to the trash company’s employees who collect the trash. Chris seconded the motion and it passed unanimously. Margy suggested that the town give Mark Peyton, who collects leaves, maintains the trees and plows the snow, a bonus. There was some discussion. Margy moved that Section 5 give Mark Peyton a $2,500 holiday bonus; Andrew seconded the motion and it passed unanimously.

Permits granted:

• 3705 Williams Lane – 1 story addition in rear

The manager said that Geoff Biddle, Village manager, contacted her about Section 5’s contract for additional police protection. He said that the manager needs Council approval to be able to sign this contract. Andrew said that he would sign the contract or give the Village the necessary documentation for the manager to sign it. The manager gave the Council each a copy of a brochure from MML which provides the names of the Maryland counties and their municipalities. She asked if she could include a copy of this brochure for each resident in the next newsletter. Ira suggested that the manager determine how Section 5 ranks with other municipalities with respect to population and include this information in the next newsletter.

Andrew asked if the Council is interested in subsidizing residents who would like to obtain their electricity from wind generated energy. The manager said that she will locate information about how someone can obtain his/her energy from wind generated energy and place this information in the next newsletter.

Andrew moved that the meeting be adjourned; there was a second and it passed unanimously.

The next meeting will be Tuesday, January 13, 2009, at 7:30 PM at the Village Hall, 5906 Connecticut Avenue; there will also be a work session at 6:30 PM.