New Home in Westmoreland Hills

Initiated: 11/01 Last Updated: 1/05/02 Status: Case open Author: John Nelson (jnelson at communitywebinc dot com)

Mid November: Westmoreland Citizens Association (WCA) officer contacted by a neighbor stating that someone canvassing the neighborhood and applying a fair amount of pressure to get neighbors to sign a document allowing a new house to be built on Dalecarlia. Neighbor notes something about getting a percentage of neighbors to sign the document in order to meet and old ordinance or covenant; developer claimed that they had already achieved the required 51%.

November 27: WCA officer calls MC Department of Permitting Services, MC Board of Appeals and MC Land Records to get more information.

Permitting: Haven't heard of any signature campaign to support a permit. Unaware of any covenant or ordinance requiring signatures for permit.

Board of Appeals: No variances or special exceptions filed for....yet. Check back regularly. Be aware that can file for addition or change of use after the structure is built, or during construction.

Land Records: Can't do any research over the phone

Late November : Got calls and e-mails from various neighors on the issue, mostly concerned with the way signatures were obtained, and the size and appearance of the planned home. Received one e-mail supporting the development.

Decided that the proper role for the association was not to take sides at this point, but to facilitate discussions, make sure process was fair and transparent, and do whatever possible to make sure house fits into the neighborhood.

November 28: Talked to MC People's Counsel about whether he thought any convenants would be enforceable since the developer had mentioned that he thought that a)they may no longer be valid and b)they could have them struck down if they were. Unable to offer an opinion, suggested contacting a real estate lawyer. Unless filing for a variance, not much that could be done.

November 29: Talked to DPS Darryl. Said that they could not provide any information from the file until it a permit has been issued or denied. Wouldn't even be able to find it, estimated six weeks until release. Any party interested in contesting would then have 15-30 days to take issue with the permit.

Late November: Talked to developer to gather information and request plans for first time:

November 30: Received letter from Bob Banner at Hemmingway Homes and copy of plans. Front elevation. Left elevation. Right Elevation. Position on property.

December 3:

Spoke with developer for second time mainly to get permission to publish parts of the plans on the web:

-He noted that despite being over 6 thousand square feet, main house is four thousand; additional two thousand is basement and attic.

-Said to be careful about side elevation as it makes house look like it goes entire side of lot (included view of house on lot above).

-Said they would "build substantially what the plans laid out."

December 5: Talked to Carol Martin at Parks and Planning Department of Environmental Review to see if any permit to cut the large number of trees on the lot would be required. In general, for a stand alone lot there are very few requirements for tree conservation, though the lot, at over 10,000 square feet, does qualify as a forest. If there are no "champion or specimen trees 30 inches or more in diameter" there is again not that much required as in a subdivision. However, the DER does have some discretion and she suggested that I call Steve Cary, the inspector, at 301-495-4581 to come out and have a look.

December 6: Stopped at land records. Very nice and helpful. Learned how to do a title search and retrieved convenants in about an hour and a half. Discovered that a convenant declaration on Westmoreland Hills section one had been declared by the Loughborough Development Corporation, orginally in 1954, with updates in 1955 and 1957. The most recent version can be found here (note: due to microfilm copies, clarity is poor, but legible). Convenant1, 2, 3, 4.

Mid December: Contacted neighbors most impacted and informed by phone of findings. Learned that they had written Hemmingway requesting changes to the plans. Had received no response to date.

December 19: Noted that permit had been issued at DPS website.

Lessons: 1. Neighbors should not sign anything without contacting the Association and contacting other neighbors. 2. Hopefully a timely flow of information and rational discussion between both sides will result in an acceptable resolution of this matter.