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Committee backs abandoning two right-of-way strips on Washington Grove Lane for Heritage Emery Grove project

5062103 · June 24, 2025
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Summary

Montgomery County Transportation and Environment Committee recommended amending and endorsing a resolution to abandon two county right-of-way strips on Washington Grove Lane so applicants can proceed with the Heritage Emery Grove redevelopment, conditioned on preservation of utility easements and resolving title issues.

Montgomery County’s Transportation and Environment Committee on Monday recommended amending a draft resolution and endorsing a petition to abandon two portions of county right of way on Washington Grove Lane in Gaithersburg so the Housing Opportunities Commission and Emery Grove United Methodist Church can pursue the Heritage Emery Grove redevelopment.

The committee recommended changing the square footage listed for abandonment area 1 in the draft resolution from 56,826 square feet to 41,997 square feet and otherwise supporting the abandonment, subject to standard conditions.

Council staff presented the petition and background. Staff member Kenny, Council staff, said the two strips “are not needed for current or foreseeable public use,” and that both the Montgomery County Department of Transportation and the Planning Department have testified they meet the statutory threshold for abandonment. Kenny told the committee that the larger figure in the transmittal was superseded after the applicant supplied an updated measurement that MCDOT accepted.

Committee members noted the right-of-way dedications date to 1969 and 1971 and were originally reserved for a potential Washington Grove Lane widening and a possible relocation of State Route 124 that were never constructed. The applicants are pursuing abandonment to support the proposed Heritage Emery Grove redevelopment, which the applicants describe as including affordable housing and measures to honor the area’s Black heritage.

MCDOT recommended approval with standard conditions that staff said are reflected in the draft resolution: preservation of public utility easements for Pepco, WSSC and other utility providers; maintenance of required access and connectivity in the future redevelopment; and resolution of title issues through the subdivision/resubdivision process. Kenny said the draft resolution includes a stipulation that title and jurisdiction questions be addressed during subdivision because county ownership was not fully documented in early DOT records.

A committee member offered to move the amendment and, by unanimous consent, the committee supported recommending the amended resolution to the full council.

The committee did not vote to adopt a final county action; it recommended that the council amend the item and forward it for full-council consideration. The draft resolution and any final abandonment would still be subject to the council’s formal approval process and any legal or subdivision steps required before a deed transfer could occur.