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Committee backs resolution allowing small right-of-way abandonment at 2nd Avenue and Fenwick Lane
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Summary
Montgomery County Transportation and Environment Committee recommended amending and supporting a resolution to abandon a portion of the public right-of-way at 2nd Avenue and Fenwick Lane for the Elizabeth Square development, adding language to allow utilities to be "abandoned in place."
The Transportation and Environment Committee recommended approval of a resolution to abandon a small portion of public right-of-way at the corner of 2nd Avenue and Fenwick Lane so the Housing Opportunities Commission (HOC) and Alexander House Development Corporation can include the parcel in their Elizabeth Square development.
Council staff (Kenny) told the committee that the Feb. 18 public hearing record showed Montgomery County Fire and Rescue and the Washington Suburban Sanitary Commission (WSSC) raised no objection to the abandonment. "This portion is not currently used for any sort of transportation right-of-way," Kenny said, adding that WSSC had previously operated sewer lines in the location but testified those lines were approved for relocation or could be abandoned in place.
Kenny said HOC requested an amendment to condition 1 in the draft resolution to clarify that utilities and similar infrastructure may be "abandoned in place" rather than physically removed or relocated. "HOC has identified that these lines may be in place still, but that, per WSSC's testimony, they can be safely and adequately abandoned in place in lieu of specifically being removed or relocated," Kenny said. MCDOT reviewed the proposed amendment and communicated support based on the public hearing testimony.
Director Conklin and other committee members asked technical questions about the county’s utility mapping and environmental risk if older pipes deteriorate. Director Conklin and MCDOT staff noted many utilities are mapped but acknowledged some pipes predate mapping and that risks depend on the materials and ownership; if private owners redevelop the land they may remove remaining infrastructure.
After discussion the committee "without objection" accepted staff’s recommendation to add the term "abandoned in place" to condition 1 of the resolution and otherwise recommended the abandonment be transmitted to the full council.
The recommendation now goes to the full County Council for final action. If approved, the change would allow the Elizabeth Square project team to incorporate the parcel into the redevelopment footprint subject to the revised condition.
