Transcript of Hearing In Re Kentbury Drive

Transcript of Hearing In ReKentbury Drive

Date: September 15, 2021Case: Abandonment Hearings, In Re: Kentbury Drive & Sleaford Road

Planet DeposPhone: 888.433.3767Email: [email protected]

WORLDWIDE COURT REPORTING & LITIGATION TECHNOLOGY

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mailto:[email protected]

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DEPARTMENT OF TRANSPORTATION FOR MONTGOMERY COUNTY, MARYLAND-----------------------------xIN RE: : Petition No.KENTBURY DRIVE : AB775-----------------------------x Public Hearing Before Hearing Officer Richard Dorsey Conducted Virtually Wednesday, September 15, 2021 1:00 p.m. ET

Job No. 399561Pages: 1-19Transcribed by: Megan Wunsch, AAERT CET

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Hearing In Re Kentbury Drive conductedvirtually.

Pursuant to agreement, before Daniel Long,Notary Public in and for the District of Columbia.

Transcript of Hearing In Re Kentbury Drive Conducted on September 15, 2021 2

PLANET DEPOS888.433.3767 | WWW.PLANETDEPOS.COM

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A P P E A R A N C E S

PARTICIPANTS: Eric Willis, MCDOT Tiara McCray, MCDOT Perry Seiffert, Applicant Dianne Seiffert, Applicant

C O N T E N T S

TRANSCRIPT OF PROCEEDINGS PAGE Opening Remarks 5 MCDOT Presentation 7 Applicant Presentation 16

E X H I B I T S (Retained.)HEARING EXHIBITS PAGE Exhibit A Request For Abandonment with attached exhibits 10 Exhibit B-1 Subdivision Plat No. 2321 11 Exhibit B-2 Aerial photo 11 Exhibit C Executive Order 11 Exhibit D Photo of posted sign 11EXHIBITS CONTINUED ON FOLLOWING PAGE



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E X H I B I T S C O N T I N U E DHEARING EXHIBITS PAGE Exhibit E Proof of advertisement 12 Exhibit F Email from Marie LaBaw, MCDPS 12 Exhibit G Memorandum from Rebecca Torma, MCDOT 12 Exhibit H Email from Mark Terry, MCDOT 12 Exhibit I Letter From Atiq Panjshiri, MCDPS 13 Exhibit J Email Stephen Lincoln, Washington Gas 13 Exhibit K Correspondence From Resident 13 Exhibit L Correspondence from President of East Bethesda Citizens Association 13 Exhibit M Email from member of East Bethesda Citizens Association 14 Exhibit N AB765 hearing officer's report and recommendation 14 Exhibit O AB765 County Council resolution 14 Exhibit P-1 Memorandum from Montgomery planning 15 Exhibit P-2 Attachments to Memorandum from Montgomery planning 15 Exhibit Q Letter from WSSC Water 15



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P R O C E E D I N G S OPENING REMARKS HEARING OFFICER: Good afternoon,everyone. It's about one o'clock on the 15th dayof September, 2021. We are conducting thishearing via Zoom, and we are here for a publichearing on Abandonment Petition AB775 to consideran application received from Mr. Perry Seiffertand Mrs. Dianne Seiffert to abandon the easternhalf of the right-of-way known as Kentbury Drivein Bethesda. My name is Richard Dorsey, and I am hereas the county executive's designee in this publichearing with the Department of Transportation. The right-of-way abandonment hearing isbeing conducted pursuant to Chapter 49-62(f) ofMontgomery County Code. My role in the abandonment process is toreceive information concerning the abandonmentrequest and then write a report and recommendationto the county exec concerning the applicant'spetition for abandonment. And in order to do this, I will beconsidering statements made at the hearing,written comments received within the comment



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period -- and that comment period will be heldopen until September 29th, 2021, at 5:00 p.m. --and documents submitted to support or explain theposition. My report and recommendation will then beforwarded to the county exec for consideration,and the county exec will then forward the reportand the county exec's recommendation to the CountyCouncil. It is the County Council that willdecide whether to grant or deny the applicant'spetition for abandonment. For those who wish to submit writtencomments, please submit them to Eric Willis atMontgomery County Department of Transportation,100 Edison Park Drive, 4th floor, Gaithersburg,Maryland 20878, or email them [email protected] by September29th, 2021. And there are a few ground rules that wemust cover before Mr. Willis introduces theabandonment petition in the record. First, please turn off or silent your cellphone. Second, as any -- excuse me, as any issue-- as an issue of decorum, all applicants must be



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given their due consideration. Those seeking tooffer comments following the close of thepetitioner's case for abandonment are asked to bemindful of the time and to limit their comments tothe relevant matter. Such comments should beconfined to less than three minutes. If an interruption occurs, I will givethat individual his first warning. If a secondinterruption occurs, I will give that individual asecond warning, and then that individual will bemuted. If the same individual receives a thirdwarning, that person will be removed from thecall. If there are several people makinginterruptions, I may close the hearing. Following Mr. Willis' introduction, theapplicant will submit its case for why it believesthat the right-of-way should be abandoned. Afterthe applicant has completed its case, those whohave registered to speak will be afforded theopportunity to make relevant comments. At this time, I'll present Mr. Willis topresent his -- present his information. I think you're on mute, Eric. MCDOT PRESENTATION MR. WILLIS: I reminded myself to turn



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that off, and I still don't do it when I get tothe point. Sorry about that. Thank you, Mr. Dorsey, and good afternoon,everybody. My name is Eric Willis. I'm the chiefof the Property Acquisition Section withMontgomery County DOT. My section is responsiblefor administering the requests for abandonment ofpublic rights-of-way. As Mr. Dorsey noted earlier, this processis governed by the County Code, specificallyChapter 49, Section 6 of the code. In order toabandon a public right-of-way, the County Councilmust find that the right-of-way is no longerneeded for present or anticipated future use orthat the abandonment is necessary to protect thehealth, safety, and welfare of the residents nearthe right-of-way to be abandoned. In this case, the subject right-of-wayknown as Kentbury Drive was dedicated to publicuse via Subdivision Plat No. 2321, on May 9th,1949. The subject portion of the roadway, whichruns between kind of the confines of Chestnut andKentbury Drive and then extends northerly to theboundary of the Columbia Country Club. Thatsection of the roadway was never built, but there



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is a public storm drain that runs underneath theright-of-way. The applicants in this case have requestedthat the eastern half of that right-of-way beabandoned because it's no longer needed for publicuse or anticipated future public use. Theapplicants, who live immediately adjacent to theeastern side of the right-of-way, and so they areseeking abandonment in order to incorporate thathalf into their overall property. This case is somewhat unique, Mr. Dorsey,just to make you aware, in -- in that the westernhalf of the right-of-way was previously abandonedthrough a prior abandonment process. And thatrequest was actually brought by the owners on theopposite side of the right-of-way, on the westernside, and their request for abandonment wasapproved by the County Council by Resolution No.19-461, and that was done on May 19th of 2020 --the abandonment being granted subject to certainconditions, including the necessity to grant aneasement for that public storm drain that runsunderneath the abandonment -- or underneath theright-of-way. This hearing was authorized by the county



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executive's designee. And as part of ouradministrative process, we've provided therequisite notices to other public agencies,abutting property owners, and the public at large.As part of that process, we collected a number ofexhibits, and I'll now introduce those exhibitsinto the hearing record. I see Tiara has already gotten started inpulling up some of those exhibits. (Exhibit A introduced, retained.) Exhibit A is the letter we received fromthe applicants requesting the abandonment. Thatletter also included some exhibits, including this-- I guess that's more of a tax map showing theright-of-way area, correct, and then there's aboundary survey also attached of 8213 KentburyDrive where you can see the Chestnut -- I'massuming it's Chestnut Street. I'm sure thatKentbury Drive is the right-of-way that's alongthe left side of the page there. And there's a second exhibit, which is theboundary survey of the property on the oppositeside of the right-of-way, again depicting KentburyDrive, you know, in the hash lines running through-- in the exhibit.



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Finally, the letter attached an exhibitfrom the owner on the opposite side of the right-of-way providing her consent to the petition. (Exhibit B-1 introduced, retained.) Exhibit B, I believe it's the -- Exhibit Bis the right-of-way plat, just 2321, in which thisportion of the right-of-way which is shown alongthe top part of the plat there, showing theKentbury Drive right-of-way being dedicated topublic use. (Exhibit B-2 introduced, retained.) Next exhibit, this one's Exhibit C, is anaerial photo again depicting the right-of-waylocated between the two houses there, 8213Chestnut on the east side and 4301 -- I'm sorry8213 Kentbury on the east side and 4301 Chestnuton the west side. And Exhibit D, I believe -- is that right,Tiara? MS. McCRAY: We're on Exhibit C. The oneprior -- excuse me -- previous to this one wasExhibit B-2. (Exhibit C introduced, retained.) MR. WILLIS: Okay. Thank you. This isthe executive order authorizing today's hearing.



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(Exhibit D introduced, retained.) Exhibit D -- I'm sorry -- is the photo ofthe sign that was posted as required at the right-of-way site. You would see the signs that were atKentbury and Chestnut. This was taken yesterday. (Exhibit E introduced, retained.) Exhibit E is the proof of theadvertisement that ran in The Washington Times onSeptember 1st and September 8th providing noticeof today's hearing. (Exhibit F introduced, retained.) Exhibit F, and this is where we'll getinto the agency responses. Exhibit F is an emailI received from Marie LaBaw with the MCDPS,section of Fire Department Access, indicating noobjections to the abandonment request. (Exhibit G introduced, retained.) Exhibit G is a memorandum received fromthe DOT's department -- development review team inwhich they indicate -- recommend approval of theabandonment subject to certain conditions,including the granting of an easement for theexisting storm drain as well as easements for anyother utilities that would exist out there. (Exhibit H introduced, retained.)



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Exhibit H, this is a email received fromMark Terry with the DOT traffic office indicatingthat they have no concerns from a trafficperspective, also pointing out that there may be aneed for a storm drain easement because of theexisting pipe in there. (Exhibit I introduced, retained.) Exhibit I is a letter from Atiq Panjshiriat Montgomery County Department of PermittingServices indicating that DPS has no issue with theabandonment, again, subject to the -- any futureeasement for the existing storm drain or otherutilities located within the right-of-way area. (Exhibit J introduced, retained.) Exhibit J is the email received fromStephen Lincoln at Washington Gas indicating theyhave no facilities within the easement area and,therefore -- or within in the right-of-way areaand, therefore, no objection to the request. (Exhibit K introduced, retained.) I believe we're on to Exhibit K, is aletter or an email received from another residentin the East Bethesda neighborhood noting herobjection to the abandonment request essentiallyon the grounds that she wanted to preserve the



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open space in the neighborhood. (Exhibit L introduced, retained.) Exhibit L is correspondence that I hadwith the president of the East Bethesda CitizensAssociation in which I provided them with copiesof the abandonment requests. (Exhibit M introduced, retained.) Exhibit M is communications I had withanother member of the East Bethesda CitizensAssociation. She had sent me an email askingcertain questions about the process, and Iresponded to her -- to her email. (Exhibit N introduced, retained.) Exhibit N is the public hearing officer'sreport and recommendation from the priorabandonment case, which was AB765. This was theabandonment, as mentioned earlier, of the westside of the right-of-way. That was duly signed bythe county executive's designee back in March of2020. (Exhibit O introduced, retained.) Let's see. Then Exhibit O is the CountyCouncil resolution for that same abandonment case,AB765, that approved the western half of theright-of-way being abandoned subject to necessary



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easements being granted for utilities and at theexisting storm drain. (Exhibit P-1 and Exhibit P-2 introduced,retained.) MR. WILLIS: This P? MS. McCRAY: Yes, this is P. MR. WILLIS: P-1 is the -- it's thememorandum received from Montgomery planning inwhich they recommend approval of the abandonmentsubject to easements being granted for existingutilities, and then Exhibit P-2 is the attachmentsto that memo, which includes an aerial photo, someother photos of the area in the right-of-way, aswell as the applicant's letter, which park andplanning attached to their memorandum. (Exhibit Q introduced, retained.) And then I believe the final exhibit wehave is Exhibit Q, and that is the letter receivedfrom WSSC in which they consent to vacate theparcel, which essentially is their approval of the-- of the requested abandonment. And that's it for the exhibits. And thenback over to you, Mr. Dorsey. HEARING OFFICER: So at this time, we willhear from the applicant, Mr. Perry Seiffert.



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APPLICANT PRESENTATION MR. SEIFFERT: Okay. Can you all hear me? HEARING OFFICER: Yeah. MR. SEIFFERT: I'm Perry Seiffert. Mywife, Dianne, and I have petitioned the County toabandon the right-of-way next to our property inBethesda. We think our application is in order.We hope the County will grant our petition. We do not intend any development on it, sothe existing green space, trees, and water runoffwill not be diminished. Moreover, by takingownership of the right-of-way, we will be able toprovide needed environmental maintenance, likemowing, which the County customarily does notmonitor within its improved right-of-ways. Thank you. HEARING OFFICER: Ms. Dianne Seiffert. MR. SEIFFERT: Dianne, you're muted. MS. SEIFFERT: You're going to -- (Technical interruption; discussion offthe record.) MS. SEIFFERT: Okay. Sorry for thefeedback. I'll be quickly. The wooded portion of the right-of-way isdeteriorating both from erosion and the age of the



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trees. And by us owning the property, we'll beable to -- we'll be able to preserve and maintainthat, since the County typically doesn't addressthat for undeveloped, unimproved right-of-ways. Thank you. HEARING OFFICER: At this time, we'll hearfrom anyone that would like to have a comment tothis relevant matter. MS. McCRAY: I see nothing in the chat. HEARING OFFICER: If there's nothing inthe chat, this appears to be -- so I'll close bysaying those who wish to submit written comments,please submit them to Eric Willis at MontgomeryCounty Department of Transportation, 100 EdisonPark Drive, 4th floor, Gaithersburg, Maryland20878, or email him to Eric Willis [email protected] by close ofbusiness, 5 p.m., September 29th, 2021. If there's nothing else, we can close thehearing. (Off the record at 1:19 p.m.)



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CERTIFICATE OF COURT REPORTER I, Daniel Long, the officer before whom theforegoing proceedings were taken, do herebycertify that said proceedings were electronicallyrecorded by me; and that I am neither counsel for,related to, nor employed by any of the parties tothis case and have no interest, financial orotherwise, in its outcome.

________________________________Daniel Long, Court Reporter



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CERTIFICATE OF TRANSCRIBER I, Megan Wunsch, do hereby certify thatthe foregoing transcript is a true and correctrecord of the recorded proceedings; that saidproceedings were transcribed to the best of myability from the audio recording and supportinginformation; and that I am neither counsel for,related to, nor employed by any of the parties tothis case and have no interest, financial orotherwise, in its outcome.

_____________________________Megan Wunsch, AAERT CETSeptember 25, 2021



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Transcript of Hearing In Re Kentbury Drive