Posted on 06/03/2006 9:42:31 AM PDT by khnyny
Uh, who's Marv, lol?
I heard about this case on local radio, and I remembered reading about the problems in Clarksburg and thought that these people were getting a raw deal.
I'm just happy that I live in Virginia! In this area especially, Montgomery County is a joke and the source for much entertainment (apologize if you are a MC resident).
"The dispute is about some vindictive neighbors (also lawyers) and how much old wood could be re-used in the remodel."
I did not know that. I heard some of the neighbors were in the media also.
Now how did they not change the footprint of the house if they added a rear addition? The law states if more than 50% of the walls are removed, then it's a new house rather than a renovation. Sounds like the Duffy's are the ones at fault. Everyone who has ever owned a house, knows full well how many feet from the property line anything can be built.
Oh, yeah. He was an attorney.
"Everyone who has ever owned a house, knows full well how many feet from the property line anything can be built."
Well then, it looks like the only people who have the real problems are the people that build houses. I especially liked this part:
"While the scandal is only about three months old, the practice of greasing the skids for developers who make generous campaign donations has been going on for years in Montgomery County."
Clarksburg: A New Word for Rip-Off
By Michele Dyson
Sunday, September 18, 2005; Page B08
"Sounds like Clarksburg to me," said Allan L. Myers, head of the Maplewood Citizens Association, in commenting about Montgomery County's planning and approval process involving some townhouses in Bethesda.
Myers did not have to explain what he meant by "Clarksburg." The county's planning and approval shenanigans have become that notorious.
Since a multitude of other violations of county planning in Clarksburg and elsewhere have come to light in recent months, county officials have been blowing as much smoke as an unmaintained bus. First, they said the unfortunate circumstance in Clarksburg -- where hundreds of townhouses were built too close to a street and exceeded height restrictions -- was an innocent mistake by an overworked but well-meaning zoning staff.
When that didn't fly, they blamed poor management and lax implementation. And when that dog refused to hunt, too, County Executive Douglas M. Duncan (D), perhaps fearing that the burgeoning scandal might harm his run for governor, declared that shifting all authority to the Department of Permitting Services would "fix" the problem [Metro, Sept. 7].
While the scandal is only about three months old, the practice of greasing the skids for developers who make generous campaign donations has been going on for years in Montgomery County.
The planning and zoning process in the county is governed by a tightly controlled trinity: the Department of Permitting Services, under the iron grip of Duncan; the Montgomery County Council's Committee on Planning, Housing and Economic Development, whose chairman, Steven A. Silverman (D-At Large), is a candidate for county executive; and the planning board, whose chairman, Derick Berlage (D), is a former council member. Until recently, this trinity routinely catered to developers and stiff-armed those citizens the developers considered to be pests.
Doubt that? Consider the trinity.
When the Clarksburg residents who uncovered hundreds of code violations involving new townhouses wrote to Duncan about their discoveries, they got a form letter back thanking them for their interest.
Duncan has been the development industry's perpetual dinner guest throughout his political career. His hosts have poured millions into his campaigns and now are helping to underwrite his bid for governor.
Silverman's response to the Clarksburg scandal was to claim he knew nothing about any zoning violations there. The developers have been nearly as generous to Silverman as they have been to Duncan, helping him raise nearly $1 million for his race for county executive.
And when council member Michael Knapp (D-Upcounty), whose district includes Clarksburg, asked Berlage to look into the allegations, the planning board chairman told Knapp everything was fine.
When Berlage was named chairman of the planning board, Duncan gave him his personal approval, and Silverman called him an "outstanding choice." How true.
Berlage is a great piece of presentation software. At public meetings, nobody in Montgomery County is better at talking about smart growth, rural-area preservation and the need for affordable housing. But Berlage also is adept at making sure that when the public meetings end, his planners can undo any trouble that surfaces there. So it's little surprise that Berlage has taken Clarksburg behind closed doors [Metro, Sept. 9]. It's where he does his best work.
A few dozen zoning violations are a problem; a few thousand are a pattern. Duncan, Silverman and Berlage have been in authority for more than 1,000 days, and as it turns out, each one of those days averaged about three zoning violations. But these three county officials and their professional planners denied any violations. Citizens had to track down the violations, which have led to a new definition of "Clarksburg":
Clarksburg (klarks burg) n. 1 The place where uncovered falsified documents revealed the depths to which county building practices and zoning policy have sunk.
C larksburg'ed (klarks burg d) vt. 1 To cheat. 2 To e deceive on purpose. vi. 1 To be treated unfairly. 2 To be violated by deceitful means. Slang. A way of being ripped off.
Bullshit. These two "I'm smarter than you" lawyers created their own mess. You cannot move a house within a zoning setback requirement without a variance, nor can you tear-down and then replace a previously existing non-conforming structure without a special permit. As lawyers they should have known better.
"Oh, yeah. He was an attorney."
Lol. I guess it would have worked for him if he was a big developer and donated lots of $$$.
You seem a little perturbed, are you a "neighbor" perhaps?
Are you serious? The Duffys problem is that their neighbors are a Washington Post reporter, a writer for the New Yorker, and a CBS talking head.
According to the Washington Times story, they SUPPORTED a similar variance request for another neighbor.
Apparently they dont like the Duffys. There was a falling out over the burning issue of overgrown shrubbery.
Nice to know that the reporting of national and world affairs is in the hands of such a mature bunch.
The Duffys problem is that they were trying to pull a fast one, and got caught. I have no sympathy for them. They probably way overestimated their importance.
So, as I understand things now ... People are upset that the County (ie. corrupt local gov't) allowed violations on more than 500 homes in the area.
Furthermore, Mrs. Witthans was caught falsifying documents to cover up the corruption. There is very little faith in the local gov't in doing just about anything legal/right.
But, these people who DID violate ordinances and have been caught are now somehow excused? Why, because everyone else got away with violating the laws and spec; these people should get a green light too?
This is the exact same line of rationale we are hearing from the illegal immigrants .... 'There's too many of us to deport; so you are just gonna have to allow as many other illegals as you are going to get'.
The law needs to be applied, consistently and fairly across the board. If the house is standing, and is habitable there isn't much you can do. However, if the house is under construction; you must stop building and fix the violations.
Must explain why they have been granted a new hearing.
Sounds like you were quoted way high.
They got a new hearing because everyone knows that the Planning and Zoning Boards are either incompetent or corrupt (or some of each). All of their decisions will be open for hearings (and a lot of scrutiny).
No sympathy whatsoever for two arrogant lawyers who sincerely believed that laws do not apply to them personally. Tear down the house!!!!
Don't know where you live, but Montgomery County, Maryland is one of the most affluent counties in the country. I don't think you will find many idiots in the county government--unless, of course, you are referring to the liberals who run the school system.
The Duffys have every right to be upset that they were granted permits if those permits were not in conformance with the law. To grant government the power to regulate people's lives without imposing any responsibility on it for screwing up is an abomination.
It seems that the "law" is not being administered or enforced fairly in Montgomery County. Builders/developers who knowingly and willfully violated the law (in cahoots with County officials, apparently) are not subject to the same level of "enforcement" that this individual family is who, from what I can tell, made honest mistakes by obtaining advice and counsel from the County. The fact that these people happen to be attorneys really has nothing to do with it. I know attorneys who specialize in certain fields of law who would be absolutely clueless under the same set of circumstances.
Montgomery County has repeatedly proven itself to be corrupt.
"Are you serious? The Duffys problem is that their neighbors are a Washington Post reporter, a writer for the New Yorker, and a CBS talking head."
I thought I had heard on the radio that some of the neighbors worked for the MSM. The area is crawling with MSM libs, just one more reason for me to detest MC.
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