More News

A Chevy Chase woman is pondering a lawsuit over mansionization that could be the first of its kind in Montgomery County, according to the former chairman of the Planning Board.

Deborah Vollmer has been protesting the scheduled demolition of her neighbor's house on the 7200 block of 44th Street for several months, arguing that a larger home should not take the building's place.

She said she will defend her right to enjoy her property, as well as the tree canopy and green space in the neighborhood.

"There is a real value that is more important than monetary value," she said.

Gus Bauman, an attorney at the Beveridge and Diamond law firm in Washington, D.C. and a former chairman of the Montgomery County Planning Board, said if Vollmer brought a lawsuit to stop the new home from being built, it would not have a local legal precedent.

"This is uncharted territory for Chevy Chase, because it's a new power that's been granted to these municipalities by the General Assembly," Bauman said.

In 2006, the Maryland General Assembly granted municipalities in Montgomery County the right to regulate "the dimensions of structures, including height, bulk…massing and design; and…lot coverage, including impervious surfaces," according to a copy of the bill provided by Jim Peck, director of research for the Maryland Municipal League.

Bauman said it would be appropriate in a way for the town to be the first to deal with a possible lawsuit about mansionization, since concerns in the county about the issue first arose in Chevy Chase.

A meeting about the property is scheduled for 7 p.m., Tuesday, at the Town Center, according to Alan Beal, a consultant for town staff. The meeting, designated a pre-permit application consultation, is designed to provide neighbors an opportunity to learn more information about the future of the property.

Vollmer she is ready to go to court against "anybody who attempts to tear down the house."

"We don't seem to have, as neighbors, any control over it," Vollmer said. "If it impacts my quality of life, it is my business."

Vollmer said the smaller homes being torn down in the town highlight the problem of local affordability for the middle class, in addition to the visual character of the neighborhood.

Without independent means, Vollmer said, "A school teacher can't afford to live in our town," she said.

In the short-term, Vollmer wants an immediate moratorium on future teardowns in the town, although she isn't holding out hope.

"I don't think the town is going to want to bring a new moratorium," she said.

The town had a moratorium on teardowns of existing homes from Aug. 10, 2005 to Feb. 10, 2006. The moratorium was put in place to give residents a respite from new home construction and the trend of replacing smaller homes with larger ones.

Eric Murtagh, an agent with Gerlach Real Estate in Chevy Chase, said that he is the buyer agent on the property for Patrick Keating, a builder in Garrett Park, and that Keating is contracted to buy the property. He declined further comment because of a possible lawsuit, stating, "I've got to look out for Keating's best interests."

Calls to Keating and the selling agent for the house, Dennis Coleman of Long and Foster Real Estate in Bethesda, had not been returned at press time.

David Brown, a Rockville attorney hired by Vollmer, said he was examining setback issues associated with the property. He said a setback regulation from the original 1926 plat could prevent a larger house from being built.

He said a dispute over setbacks would typically go through several local government entities before reaching court.

The town adopted building regulations in April that regulate the sizes and height of homes, attempting to forge a compromise on the issue of tearing down homes and replacing them with larger ones in the 2,700-resident town.

The town used a floor-area ratio in the regulations, which is total floor space divided by total space on the property. The town set at one-half (for lots up to 12,000 square feet) and one-quarter (for lots over 12,000 square feet) the allowable floor-area ratio. The regulations also limit building height to 33 feet in most cases.

Town Councilman David Lublin said residents should give the new regulations a chance to work before demanding more changes to rules that represent a compromise.

"When I was campaigning, I got a strong feeling from people in the town that we've sort of debated this subject enough," said Lublin, who was elected to the Town Council in May.

Montgomery County is considering its own restrictions on mansionization that could affect nearly 10,000 homes in the county.

The legislation, proposed by County Councilman Roger Berliner (D-Dist.1) of Potomac, would restrict the size and height of houses based on lot size. It would also require neighbors to be told of home demolition and rebuilding projects.

Vollmer is a write-in candidate this November for the congressional seat currently held by U.S. Rep. Christopher Van Hollen Jr. (D-Dist. 8) of Kensington.