January 23, 2015

Ms. Amy Lindsey

Maryland National Capital Park and Planning Commission (M-NCPPC)
8787 Georgia Avenue
Silver Spring, Maryland 20910
Re:

Bethesda-Chevy Chase Middle School 2

Request for Specimen Tree Variance
MNCPPC NRI# 420140980

Dear Ms. Lindsey:

On behalf of the Montgomery County Public Schools and pursuant to Section 22A-21 Variance
provisions of the Montgomery County Forest Conservation Ordinance and recent revisions to the
State Forest Conservation Law enacted by S.B. 666, we are writing to request a variance(s) to allow
impacts to or the removal of the following trees identified on the approved Natural Resource
Inventory/Forest Stand Delineation and proposed Preliminary Forest Conservation Plan for the
above-named County construction project:
Project Description:
The proposed Bethesda-Chevy Chase Middle School 2 is located at 3701 Saul Road in Kensington,
Montgomery County, Maryland. The site is approximately 13.39 acres and is comprised of one
parcel owned by The Board of Education. The site currently hosts ballfields, street hockey area,
play areas and associated parking. There is approximately 3.55 acres of forest onsite, and there is
an offsite stream with a buffer that extends onto the subject property. The site is surrounded by
senior housing to the north, residential single family properties to the east and south ,along with
MNCPPC property to the west.
Proposed construction consists of a new school, improved circulation and parking, ball fields
additional play areas and updates for ADA accessibility.
Requirements for Justification of Variance:
Section 22A-21(b) Application requirements states that the applicant must:
(1)
(2)

Describe the special conditions peculiar to the property which would cause the
unwarranted hardship;
Describe how enforcement of these rules will deprive the landowner of rights commonly
enjoyed by others in similar areas;

(3)
(4)

Verify that State water quality standards will not be violated or that a measurable
degradation in water quality will not occur as a result of the granting of the variance; and
Provide any other information appropriate to support the request.

Justification of Variance:
(1)

Describe the special conditions peculiar to the property which would cause the
unwarranted hardship;
Response: As part of the program, the task was to provide the community with an area
middle school facility that can accommodate a growing number of students as well as a
modernized, safe and healthy environment for young students to learn. Efforts have been
made to minimize forested stream buffer impacts and work with the existing slopes .
This buildable site area is restricted by slopes and a stream buffer that lead to a tight fit
for middle school.
This work will require removal of a total of thirty-one (31) specimen trees and impacts to
two (2) specimen trees. The removal of specimen tree #7 & #8 are due to the declining
health only. Several designs were studied as part of the feasibility period with the
specimen trees and stream buffer mapped to work at minimizing the impacts. At the end
of the study period, it was determined to compact the parking and drive aisles with
retaining walls and multi-story building It should be noted that the majority of trees
which requires removal are part of the existing forest on site.
Two (2) of the specimen trees (#51 & 52) between the tennis courts, stormwater and Saul
Road are showing impacts and as removal but intend to be saved as part of the screening
efforts in the landscape plan. There is also impact shown for the installation of a sidewalk
that will work with the grades and have little impact on the trees. The forest in this area
is also labeled as cleared for planning purposes but is highly invased and proposed for
invasive species removal and reinforcement with native plantings.
If MCPS is not allowed to remove the trees as requested, the school will not be able to be
construct the school and facilities due to the close proximity of specimen trees to the
school parking, amenities and stormwater facilities. As such, this would cause an
unwarranted hardship to the community that it serves.

(2)

Describe how enforcement of these rules will deprive the landowner of rights commonly
enjoyed by others in similar areas;
Response: If the County were required to keep all improvements outside the root zones
of the specimen trees, the building would fail to be built due to the close proximity of
specimen trees.

(3)

Verify that State water quality standards will not be violated or that a measurable
degradation in water quality will not occur as a result of the granting of the variance;
Response: The forested stream buffer has been protected and additional 0.24 acres of
forest is proposed to be planted in the buffer. In addition, this property will be developed
in accordance with the latest Maryland Department of the Environment criteria for
stormwater management. This includes Environmental Site Design to provide for
protecting the natural resources to the Maximum Extent Practicable. This includes limiting
the impervious areas and providing on-site stormwater management systems. A
Stormwater Management Concept is currently under review by the Montgomery County
Department of Permitting Services to ensure that this criterion is enforced. Therefore, the
proposed activity will not degrade the water quality of the downstream areas and will not
result in measurable degradation in water quality.

(4)

Provide any other information appropriate to support the request.

Response: The forest onsite is preserved to the greatest extent possible. Additional
forest planting and a substantial native landscape planting plan will serve to create
greater ecological quality while establishing further buffering of adjacent land uses
(residential).
The project went through several changes from the initial drawings which resulted in
selecting option 2 as the Mandatory Referral and Preliminary Forest Conservation Plan.
For reference, options 1 and 3 are shown and briefly described below:

Option 1, below, was the original plan submitted for Mandatory Referral. The plan was
further refined into the current submittal package. Of note, the micro-bioretention
facility south of the tennis courts has been elongated to reduce the LOD at trees #51 &
#52. Although the trees are still shown as removals, the intent is to save the trees. The
parking has also been reconfigured to add space between the walls for planting, which did
result in the loss of a few parking spaces. The sidewalk to the west of the entrance has
been eliminated and the sidewalk along Saul Road has been moved onto Board of
Education Property to work toward saving more of the trees within the right-of-way.

Option 1 Study

Option 3, below, shows an alternate entrance plan. This plan was intended to study
reduction in the retaining wall heights and impacts to specimen trees. The overall tree
impact remains the same after grading the new entrance and utilities. Also, of note, this
pushes the entrance further into the community and the retaining walls on the outside of
the vehicle circulation, closer to Saul Road. This option was abandon after no gain in tree
preservation and increased community disturbance.

Option 3 Study

As further basis for its variance request, the applicant can demonstrate that it meets the Section
22A-21(d) Minimum criteria, which states that a variance must not be granted if granting the
request:
(1)

Will confer on the applicant a special privilege that would be denied to other applicants;
Response: The Bethesda-Chevy Chase Middle School 2 is in conformance with the
Countys General plan. As such, this is not a special privilege to be conferred on the
applicant.

(2)

Is based on conditions or circumstances which are the result of the actions by the applicant;
Response: Montgomery County Public Schools has taken no actions leading to the
conditions or circumstances that are the subject of this variance request.

(3)

Arises from a condition relating to land or building use, either permitted or

nonconforming, on a neighboring property; or
Response:
The surrounding land uses (residences) do not have any inherent
characteristics or conditions that have created or contributed to this particular need for a
variance.

(4)

Will violate State water quality standards or cause measurable degradation in water quality.
Response: Granting this variance request will not violate State water quality standards or
cause measurable degradation in water quality.

Specimen Tree Summary

Tree Species

Species

D.B.H

Tree

Impact Comments

Percent Rootzone
Impacts

Status

(Scientific Name)

(Common Name)

(inches) Condition

QUERCUS PALUSTRIS

PIN OAK

45

GRADING, UTILITY CONNECTION & PARKING LOT

35

REMOVE

ROBINIA PSEUDOACACIA

BLACK LOCUST

36,19,15 FAIR/POOR

REMOVE DUE TO POOR CONDITION, FLUSH CUT

REMOVE

ROBINIA PSEUDOACACIA

BLACK LOCUST

41

FAIR/POOR

REMOVE DUE TO POOR CONDITION, FLUSH CUT

REMOVE

22

PINUS STROBUS

WHITE PINE

34

GOOD

IMPACTS FOR UTILITIES AND DRIVE ENTRANCE

23

PINUS STROBUS

WHITE PINE

36

GOOD

IMPACTS FOR UTILITIES AND DRIVE ENTRANCE

24

PINUS STROBUS

WHITE PINE

35

GOOD

RETAINING WALLS BETWEEN DRIVES

26

PINUS STROBUS

WHITE PINE

37

FAIR

IN DRIVE AISLE

27

PLATANUS OCCIDENTALIS SYCAMORE

36

GOOD

IN DRIVE AISLE

28

QUERCUS PALUSTRIS

PIN OAK

30

GOOD

IN BUILDING

29

QUERCUS PALUSTRIS

PIN OAK

33

GOOD

IN BUILDING

30

QUERCUS ACUTISSIMA

SAWTOOTH OAK

37

FAIR/POOR

IN BUILDING

31

QUERCUS PALUSTRIS

PIN OAK

39

FAIR/POOR

IN BUILDING

32

PLATANUS OCCIDENTALIS SYCAMORE

32

POOR

IN BUILDING

33

PINUS STROBUS

WHITE PINE

31

GOOD

GRADING FOR BUILDING, WALK, DRIVE AISLE

34

PINUS STROBUS

WHITE PINE

31

GOOD

IN PROPOSED WALK ALONG DRIVE AISLE

37

PINUS STROBUS

WHITE PINE

31

GOOD

IN RETAINING WALL BETWEEN DRIVE AISLES

38

PINUS STROBUS

WHITE PINE

33

GOOD

IN PARKING

40

PINUS STROBUS

WHITE PINE

31

GOOD

GRADING FOR DRIVE AISLE

41

PLATANUS OCCIDENTALIS SYCAMORE

30

FAIR

GRADING AND WALK FOR DRIVE

42

PLATANUS OCCIDENTALIS SYCAMORE

39

GOOD

GRADING AGAINST BUILDING

46

PLATANUS OCCIDENTALIS SYCAMORE

32

GOOD

SIDEWALK CIRCULATION AND GRADING

47

PLATANUS OCCIDENTALIS SYCAMORE

36

GOOD

IN BUILDING

48

PLATANUS OCCIDENTALIS SYCAMORE

30

GOOD

IN BUILDING

49

PLATANUS OCCIDENTALIS SYCAMORE

33

GOOD

GRADING FOR BUIDLING AND SIDEWALK CIRCULATION

55
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100

REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE

50

PLATANUS OCCIDENTALIS SYCAMORE

30

GOOD

SIDWALK CIRCULATION AND SOFT PATH THROUGH WOODS

51

LIRIODENDRON TULIPIFERA YELLOW POPLAR

44

GOOD

GRADING AND STORMWATER MANAGEMENT

52

QUERCUS ACUTISSIMA

SAWTOOTH OAK

38

GOOD

GRADING AND STORMWATER MANAGEMENT

53

PRUNUS SEROTINA

BLACK CHERRY

35,17

GOOD

GRADING, TENNIS COURT & SIDEWALK ALONG ROAD

55

QUERCUS ACUTISSIMA

SAWTOOTH OAK

40

GOOD

IN THE BALLFIELD AREA

59

PLATANUS OCCIDENTALIS SYCAMORE

33

FAIR

SIDEWALK AND RIGHT-OF-WAY

62

ACER SACCHARINUM

SILVER MAPLE

36

GOOD

ACTUAL IMPACTS ACROSS SAUL ROAD NOT LIKELY

70

PINUS VIRGINIANA

VIRGINIA PINE

23.3

GOOD

SIDEWALK, ENTRANCE DRIVE AND GRADING

73

QUERCUS PALUSTRIS

PIN OAK

30

FAIR

IN BUILDING

74
32
30
100
100
8
8
100
100

REMOVE**
REMOVE**
REMOVE**
REMOVE
REMOVE
SAVE
SAVE
REMOVE
REMOVE

FAIR

**TREES ARE TO TRY TO BE SAVED DURING CONSTRUCTION BUT IMPACTS ARE SUBSTANTIAL TO LIST AS REMOVAL

Conclusion:
For the above reasons, the applicant respectfully requests that the Planning Board APPROVE its
request for a variance from the provisions of Section 22A of the Montgomery County Forest
Conservation Ordinance, and thereby, GRANTS permission to impact/remove the specimen trees in
order to allow the construction of this vital project.
The recommendations in this report are based on tree conditions noted at the time the NRI/FSD
field work was conducted. Tree condition can be influenced by many environmental factors, such
as wind, ice and heavy snow, drought conditions, heavy rainfall, rapid or prolonged freezing
temperatures, and insect/disease infestation. Therefore, tree conditions are subject to change
without notice.
The site plans and plotting of tree locations were furnished for the purpose of creating a detailed
Tree Protection Plan. All information is true and accurate to the best of my knowledge and
experience. All conclusions are based on professional opinion and were not influenced by any other
party.
Sincerely,

Michael Norton