PUBLIC HEARING Variance Application APP2007-00878, Jan Wilson - for a variance from the front yard setback requirement to construct an entry vestibule at 325 Seth Place. An Affidavit of Posting was submitted into the record as Exhibit 1. Ms. Wilson presented her request. Ms. Wilson stated that the existing stoop porch is seven feet wide by four feet, four inches deep with stairs leading to the front door. She said she is proposing to enclose it with a hip roof with mostly glass walls and a door. She also proposes to replace the steps with a three-foot deep landing and a single step to complete the step down to grade. Ms. Wilson stated that she stated the following reasons why she is requesting this variance: 1) the home does not currently have a vestibule; the front door opens directly into the living room and, an interior vestibule would not be functional and neither would a three-foot exterior vestibule. 2) there is no airlock to reduce the loss of heat when the door is open. 3) enclosing the existing stoop was the most reasonable solution. The concrete slab with the stoop is black and if she builds the wall without covering the entire stoop, part of the slab work would remain exposed and any precipitation would eventually soak into the fill plate and cause rot. Ms. Wilson stated that she had considered removal of the stoop, but it does not seem to be reasonable. The stoop has foundation walls and a footing that are approximately four feet deep. The concrete slab
is formed to include a step up into the first level and it is integral to the front brick and block wall. The Board discussed the variance, materials constructed in conformance with the existing house, and other homes in the surrounding neighborhood that have covered vestibules.
There being no one else to speak for or against the variance application, the Chair declared the public hearing closed. Special Exception SPX2006-00367, Montgomery County Public Schools – for the renovation and expansion of Fallsmead Elementary School, including site improvements, in the R-150 Zone at 1800 Greenplace Terrace. James Song, with Montgomery County Public Schools presented the applicant’s request. Mr. Song stated that they are seeking special exception approval to renovate and expand the existing elementary school, upgrade and expand onsite surface parking facilities, install a new onsite school bus turnaround and implement other associates site improvements on the subject school site, which is located in the R-150 Zone. Mr. Song stated that MCPS would provide onsite traffic circulation for busses and cars. The addition will be located on the eastern side of the existing building. The new building and renovation project would provide classrooms for additional student enrollment, eliminate modular classroom buildings and to add kindergarten classrooms for the all-day kindergarten program. Other core facility and support space will be create, including art and music rooms, a computer lab, and an expanded instructional media center. Other support space for staff offices, storage rooms and additional restrooms will also be created. In response to Mr. Deitchman, Mr. Song explained that the modular classroom building would not remain after the project has been completed. Mr. Deitchman questioned whether the enrollment would decrease and what would be the basis for the decrease. Mr. Song replied that forecasting student population is tracked from hospitals and census bureaus and any new development in the County. They also have to account for any foreign students coming into the County as well as students from private schools coming to public schools. This is the basis for estimating enrollment. Mr. Song noted that the County’s student enrollment growth has been stabilizing and is close to 139,000 since the last couple of years. This is the first year that there has been a decline in enrollment. The forecast for the next couple of years will continue that trend of decline and then it will go back up by the year 2012. In response to the Board, Mr. Song stated that the school would remain in operation the entire year. The number of parking spaces and the traffic flow would not change. The only difference would be the addition of construction traffic onsite, which would be staged at the back of the school on the ball field near the construction area. The site modification includes separating the busses from the cars. He noted that all pavement would be done on the second summer months because the busses and cars and traffic flow operation during the school year. They cannot disturb the site during the school year. Mr. Schwartzman questioned the length of construction. Mr. Song replied that the length of construction would be approximately four months and the goal is to complete the project by 2008. There being no one else to speak for or against the special exception application, the Chair declared the public hearing closed. DECISION Variance Application APP2007-00878, Jan Wilson Mr. Schwartzman moved, seconded by Mr. Deitchman to approve Variance Application APP2007-00878, Jan Wilson per staff recommendations and to add to the first condition “that the entryway would be constructed in conformance with the submitted plan as represented by the applicant this evening. The Commission reiterated that the variance is for a five foot 4 inch variance from the 25-foot setback requirements. The motion passed on a vote of 3-0. Special Exception SPX2006-00367, Montgomery County Public Schools Mr. Deitchman moved, seconded by Mr. Schwartzman to approve Special Exception SPX2006-00367, Montgomery County Public Schools per staff recommendations and subject to modifications of two conditions in the staff report. Modification of Condition 4, add to the end of the sentence to read “Portable will be removed after completion of construction”, and modify Condition 6 in the staff report by adding the word bicycles after “staff and parent vehicles”; and a new Condition 8 to read “Construction activities shall not disrupt normal operation of the school and/or community activities on the site.” The motion passed on a vote of 3-0. OLD BUSINESS Special Exception SPX2005-00352, Tamar & David Pinto - a request to clarify childcare operations and ages of children enrolled at the center at 5 Rollins Court. At its May 7, 2005 meeting, the Board of Appeals voted to approve SPX2005-00352 subject to certain conditions. The applicants are currently licensed by the State of Maryland Child Care Administration to care for up to eight children in their home, which is permitted by the City’s Zoning Ordinance as a “child care home” use. Children being cared for range in age from 22 months to three years. This just a clarification of the age restriction. There was no condition in the original special exception regarding age restriction.
Tamar Pinto presented her request. Ms. Pinto stated that she would like to provide care for children beyond three years of age. Mr. Sternstein questioned whether Ms. Pinto provides outdoor recreational activities for the children if the ages are increased. Ms. Pinto replied that she allows the children outside recreational activities from 11:00 to 11:45 a.m. In response to Mr. Schwartzman, Ms. Pinto stated that she would like to change the age from 22 months to five years. Mr. Schwartzman moved, seconded by Mr. Deitchman to approve the modification of the Special Exception SPX2005-00352, Tamar & David Pinto to remove the 3-year age restriction and change that to five-year age restriction. The Board feels that this is a diminimus clarification. The motion passed on a vote of 3-0. Special Exception SPX2005-00363, Georgetown Hill Child Care Center c/o Linda Tecler – a request to modify a condition of approval at 850 Nelson Street. Linda Tecler, Attorney with Bell & Beck LLC, stated that the applicant is requesting to modify Condition 2 of the Board’s approval of SPX2005-00363 on July 8, 2006. She said her client would like to modify its class options at its Woodley Gardens facility so as to offer enrollment to infants beginning at age 3 months. Ms. Tecler stated that Georgetown Hill will also need to receive approval from the Child Care Administration to provide infant care. There will be increase in staff members, as the maximum enrollment has not been reached. Thus, no additional parking is required for this minor modification. Pete Cromwell, Executive Director of the Georgetown Hill Child Care Center, Inc. stated that they would like to provide more part-time care for parents. There will be a similar staggered mix as their current operation is 35% or 40% full day and the remainder is part-time care. The enrollment of students would not change and would be very closely regulated by the Child Care Administration. Ms. Tecler stated that there would be no change to the cap of 123 children with no more than 105 children on site at one time. The Board discussed the modification of the condition and the enrollment of students in the Center. Mr. Deitchman moved, seconded by Mr. Schwartzman to approve the modification of Condition 2 of Special Exception SPX2005-00363, Georgetown Hill Child Care Center c/o Linda Tecler to permit the applicant to have children between the ages of 3 months and 10 years of age. Mr. Sternstein stated that the requested modification is diminimus in nature and not expected to have an impact on the special exception. Mr. Deitchman stated that based on the testimony of the applicant this evening, the overall population would remain the same. The motion passed on a vote of 3-0. MINUTES Commissioner Deitchman moved, seconded by Commissioner Schwartzman to approve the minutes of Meeting No. 3-07 as amended. The motion passed on a vote of 3-0. NEW BUSINESS The Board discussed the latest report on the Julius West Monopole.
ADJOURN There being no further business to come before the Board, the Chair adjourned the meeting at 8:10 p.m. | 
