OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Transportation & Environment Committee Meeting on Water and Sewer Plan Amendments - July 13, 2026

County Council & CommitteesMonday, July 13, 2026
BodyMontgomery County, Maryland
SessionCounty Council & Committees
DateMonday, July 13, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:01

And then the last one that has come up on occasion is if the property is on the edge of the sewer envelope and could potentially um meet the conditions of the Potomac peripheral sewer service policy, which is unique to the Potomac subregion master plan.

0:15

However, as I mentioned earlier, because this property is in the Piney Branch Special Protection Area, that policy does not apply in this area.

0:24

So we don't even have to look at that policy for in this case.

0:28

And it's as noted on the slide, none of the above conditions apply in this case.

0:32

So the executive planning board and council staff are recommending denial.

0:37

Now there is a related case across the street.

0:41

It's a public health case, which was deferred by the council some time back.

0:47

I think I noted in the packet.

0:49

If that property were to be served in the future from this extension, then this applicant's property could become eligible via the abutting mains policy.

1:00

But that would be a separate issue that would have to be resolved with regard to the other property.

1:19

Thank you very much, uh Mr.

1:21

Lovchenko.

1:22

Um and welcome, welcome to the team.

1:24

I want to pick up where you just left off about the deferred action from 2024 when this committee took up the request for the other Piney Meeting House Road request.

1:41

Um the committee actually did not oppose that request but wanted to seek more information, particularly from WSSC regarding the capacity and whether or not there the pressure, the pressure was strong enough to meet the that need.

2:02

Where have we gotten an update from WSSC?

2:05

Um and where does that currently stand?

2:10

This is Tim Williamson.

2:11

I'm with uh DEP, Water and Sewer.

2:14

Um we received the results of their study uh earlier this year.

2:21

And uh in that study we gave them all the lots in the area, uh existing lots uh to look at to see if they could be connected.

2:29

Um and they sent us back that uh they have capacity in the Palatine low pressure system.

2:37

Um for that property in particular, though, um they will have to connect it via the right-of-way.

2:46

Uh two years ago, when that case came up, we had recommended or we had uh sort of proposed a non-abutting connection through a neighboring property.

2:56

And in the study they found that due to the slopes and the fact that it's a low pressure system, it was not going to be technically possible to make that connection.

3:06

So that property with the failed septic system would have to be connected through the um extension that's proposed here according to their study.

3:19

Okay.

3:20

Thank thank you for that.

3:22

So uh so uh a technical question then is how does that proceed uh the deferral uh if it is approved with with these conditions?

3:33

Well, my understanding is that the the other property owners also looking at some potential changes in use for their property, um if they were to subdivide or or some or do some other approach, I'm not quite sure how that would address or how the deferral would be addressed.

3:50

If if all things were to remain as they as they were previously assumed, uh that that deferral could be approved with this new extension approach since WCC Water has confirmed that it it can work.

4:03

Now, I mentioned it's a 1700-foot extension, which is quite long, quite expensive, uh, and it's it's likely that this applicant might want to seek participation from others that would abut it.

4:16

Uh so you have a bit of a um chicken in the egg issue with it, but from a category change perspective, if the applicant were not seeking to make any other change to their property and they're seeking a straightforward um uh public health case solution, uh it's my understanding that they would, you know, they could meet that now.

4:39

Uh check.

4:40

And that could that could open up the potential for this the the subject property today, which is across the street, to somehow participate with that property.

4:49

So from a procedural perspective, what is the best way to move forward recognizing that one decision begets many other decisions and requires a lot of more coordination?

5:02

Well, the denial today does not impact the other property, and if the other property were to move forward, that would not preclude this property from then being eligible later as an abutting connection if the abutting connection were to ever happen.

5:17

Um that's the question.

5:19

Is the easier way just uh taking up the uh just uh taking up the broader ten-year plan and then trying to encapsulate all of this in that?

5:33

Uh if we know more by then, by the fall, it's possible there could be some discussion of it as part of the 10-year plan update.

5:40

Uh although this is not intended to change the sewer envelope.

5:44

These would just be exceptions uh to the envelope, but uh perhaps DEP has some further thoughts on that.

5:53

Snowlight.

5:54

You hear me?

5:55

Good.

5:55

Alan Sukop with DEP watershed restoration.

6:04

We have a strong indication from the applicant that they want to pursue the three-lot subdivision on this site, uh, which would require also that 1700-foot long extension.

6:18

It would also require the council to revisit the Potomac Peripheral Sewer Service policy, because right now the envelope, which is in red on the map, um, while it does abut the property, uh properties in the Palatine subdivision, which is where that red area is, are not allowed to be used as a basis for approving other lots under the under the peripheral sewer service policy.

6:53

So our thought is that um if the applicant proceeds with a second category change request for three-lot development on the property, we would bring that to you and address all of these concerns in one package.

7:13

Uh thank you.

7:14

Thank you for that, Mr.

7:14

Sukop.

7:15

Uh clearly any uh any decision that's made and one that would be favorable um to the expansion here, there's so many different moving parts.

7:28

And if the if the line is determined to uh be built underneath uh what would be a state highway or uh under um Piney Meeting House or adjacent to it, you want to minimize that damage and minimize that the capital outlays that would be required for that if the connection were to continue, um, which is again more chicken or the egg questions.

7:53

Um Mr.

7:57

Suka, um the existing policies that you referenced, um, those are council policies, are those resolutions where when were those decided?

8:09

Let me ask you.

8:10

They are policies that the council has adopted in the water and sewer plan.

8:14

Which goes back to possibly waiting until then to take all this up.

8:18

Okay.

Discussion Breakdown — Share of Meeting
Water And Wastewater Management█████████████████████████████████████████████66%
Engineering And Infrastructure███████████16%
Procedural█████████13%
Affordable Housing███5%
Summary of Proceedings

Transportation & Environment Committee Meeting on Water and Sewer Plan Amendments - July 13, 2026

The Montgomery County Transportation & Environment (T&E) Committee met on July 13, 2026, from 1:30 p.m. to 4:30 p.m. to consider four water and sewer category change requests. The committee discussed properties in Potomac, Clarksburg, Spencerville, and Upper Rock Creek, focusing on exceptions to the sewer envelope, existing policies, and pending updates to the 10-year Water and Sewer Plan. Decisions included two deferrals, one approval, and one denial.

Consent Calendar

  • None.

Public Comments & Testimony

  • No public comments were recorded.

Discussion Items

Piney Meeting House Road Property (Potomac)

  • Staff recommended denial because none of the conditions for exceptions applied (e.g., failed septic, abutting main, or Potomac Peripheral Sewer Service policy). The property is in the Piney Branch Special Protection Area, which excludes the peripheral policy.
  • A related property across the street with a failed septic system was deferred by the Council in 2024. WSSC confirmed capacity in the Palatine low-pressure system but found that a 1,700-foot extension is needed due to grade constraints.
  • Council members expressed concern about the complexity and cost, noting the need for coordination. The committee decided to defer the request pending resolution of the adjacent property's application and the upcoming 10-year plan update. Staff will draft a resolution citing the reasons for deferral.

Clarksburg Road Property (Assisted Living Facility)

  • The 5.7-acre RE1-zoned property is outside the sewer envelope. The applicant proposes a 40-bed assisted living facility, requiring a 200-foot sewer extension from a townhouse development.
  • Staff noted that no existing exception policies apply (no septic failure, no abutting main, and the Private Institutional Facility policy only covers nonprofits; the use is for-profit). The Maryland Department of the Environment (MDE) previously rejected a broader Commercial Sewer Service Policy in 2022 due to concerns about growth inducement and unclear scope.
  • The Planning Board supported approval, citing a need for senior housing. Committee members noted the property is an odd island surrounded by development and questioned why it was excluded from the sewer envelope. The committee deferred the decision to the 10-year plan update, agreeing to consider a peripheral sewer policy for Clarksburg at that time.

Spencerville Seventh-day Adventist Church (New Hampshire Avenue)

  • The 8.9-acre property (three parcels, zoned RE1 and RC) seeks sewer service to rebuild a church destroyed by fire in 2024. An abutting gravity sewer main exists along New Hampshire Avenue.
  • Staff determined that providing sewer via the abutting main is consistent with the Cloverly Master Plan, so the Private Institutional Facility policy does not need to be invoked. The committee approved the request unanimously.

Muncaster Mill Road Property (Upper Rock Creek)

  • A 2-acre RE2-zoned property near Bowie Mill Road. The applicant seeks sewer service for an existing home and unpermitted apartment units. There is a separate legal case regarding the unpermitted structures.
  • Staff noted no abutting main and no applicable exception policies. The executive, planning board, and council staff all recommended denial. The committee concurred and denied the request.

Key Outcomes

  • Piney Meeting House Road: Deferred pending adjacent property action and 10-year plan update. Staff to prepare deferral language.
  • Clarksburg Road: Deferred to the 10-year Water and Sewer Plan update; committee signaled interest in a Clarksburg peripheral sewer policy.
  • Spencerville Church: Approved as consistent with the master plan.
  • Muncaster Mill Road: Denied due to lack of qualifying conditions.
  • The committee noted that the 10-year Water and Sewer Plan update in fall 2026 will provide a broader forum for policy discussions.

Meeting Transcript

And then the last one that has come up on occasion is if the property is on the edge of the sewer envelope and could potentially um meet the conditions of the Potomac peripheral sewer service policy, which is unique to the Potomac subregion master plan. However, as I mentioned earlier, because this property is in the Piney Branch Special Protection Area, that policy does not apply in this area. So we don't even have to look at that policy for in this case. And it's as noted on the slide, none of the above conditions apply in this case. So the executive planning board and council staff are recommending denial. Now there is a related case across the street. It's a public health case, which was deferred by the council some time back. I think I noted in the packet. If that property were to be served in the future from this extension, then this applicant's property could become eligible via the abutting mains policy. But that would be a separate issue that would have to be resolved with regard to the other property. Thank you very much, uh Mr. Lovchenko. Um and welcome, welcome to the team. I want to pick up where you just left off about the deferred action from 2024 when this committee took up the request for the other Piney Meeting House Road request. Um the committee actually did not oppose that request but wanted to seek more information, particularly from WSSC regarding the capacity and whether or not there the pressure, the pressure was strong enough to meet the that need. Where have we gotten an update from WSSC? Um and where does that currently stand? This is Tim Williamson. I'm with uh DEP, Water and Sewer. Um we received the results of their study uh earlier this year. And uh in that study we gave them all the lots in the area, uh existing lots uh to look at to see if they could be connected. Um and they sent us back that uh they have capacity in the Palatine low pressure system. Um for that property in particular, though, um they will have to connect it via the right-of-way. Uh two years ago, when that case came up, we had recommended or we had uh sort of proposed a non-abutting connection through a neighboring property. And in the study they found that due to the slopes and the fact that it's a low pressure system, it was not going to be technically possible to make that connection. So that property with the failed septic system would have to be connected through the um extension that's proposed here according to their study. Okay. Thank thank you for that. So uh so uh a technical question then is how does that proceed uh the deferral uh if it is approved with with these conditions? Well, my understanding is that the the other property owners also looking at some potential changes in use for their property, um if they were to subdivide or or some or do some other approach, I'm not quite sure how that would address or how the deferral would be addressed. If if all things were to remain as they as they were previously assumed, uh that that deferral could be approved with this new extension approach since WCC Water has confirmed that it it can work. Now, I mentioned it's a 1700-foot extension, which is quite long, quite expensive, uh, and it's it's likely that this applicant might want to seek participation from others that would abut it. Uh so you have a bit of a um chicken in the egg issue with it, but from a category change perspective, if the applicant were not seeking to make any other change to their property and they're seeking a straightforward um uh public health case solution, uh it's my understanding that they would, you know, they could meet that now. Uh check. And that could that could open up the potential for this the the subject property today, which is across the street, to somehow participate with that property. So from a procedural perspective, what is the best way to move forward recognizing that one decision begets many other decisions and requires a lot of more coordination? Well, the denial today does not impact the other property, and if the other property were to move forward, that would not preclude this property from then being eligible later as an abutting connection if the abutting connection were to ever happen. Um that's the question. Is the easier way just uh taking up the uh just uh taking up the broader ten-year plan and then trying to encapsulate all of this in that? Uh if we know more by then, by the fall, it's possible there could be some discussion of it as part of the 10-year plan update. Uh although this is not intended to change the sewer envelope. These would just be exceptions uh to the envelope, but uh perhaps DEP has some further thoughts on that. Snowlight. You hear me? Good. Alan Sukop with DEP watershed restoration. We have a strong indication from the applicant that they want to pursue the three-lot subdivision on this site, uh, which would require also that 1700-foot long extension. It would also require the council to revisit the Potomac Peripheral Sewer Service policy, because right now the envelope, which is in red on the map, um, while it does abut the property, uh properties in the Palatine subdivision, which is where that red area is, are not allowed to be used as a basis for approving other lots under the under the peripheral sewer service policy. So our thought is that um if the applicant proceeds with a second category change request for three-lot development on the property, we would bring that to you and address all of these concerns in one package. Uh thank you.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com