UPDATES
Recap since JULY 2025
In July 2025, we were shocked to learn that a developer wanted to rezone 10 acres on Notley Rd and New Hampshire Avenue to build 150 townhouses. Neighbors started to raise money to hire an attorney, Michele Rosenfeld, to voice our side so that any development is done with community input.
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We started to organize our side:
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We made a website: www.nonotleytownhomes.com
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We made t-shirts, yard-signs.
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We have now raised over $50,000 from more than 300 neighbors – that’s $150 per neighbor!
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We started sending letters to the Montgomery Planning Board – more than 140 letters and emails.
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We met with the Planning staff to visit the proposed site.
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In October 2025, 24 community members testified against the Commercial rezoning as proposed to allow 15 units per acre was too dense. We argued that a Townhouse floating zone of 4 units per acre would be more appropriate and would be compatible.
The Montgomery County Planning Board voted 3-1 recommending the rezoning with 1 abstaining. But 3 of the Board members were concerned about the density and imposed a requirement to lower the number of units from 150 to 130 before recommending to OZAH. See 10/30/25 Blog Post below.
From November until May 2026, the Office of Zoning & Administrative Hearings held hearings – 7 days of hearings in total – nearly 50 hours of testimony. 30 neighbors testified about the lack of green space being proposed, impact on stormwater flooding, cut-through traffic, school capacity, lack of affordable units (only 19 proposed out of 130), inconsistencies with master plan and nearby townhouses.
OZAH HEARING FINISHED ON MAY 12; CLOSING BRIEFS DUE JULY 6; OZAH DECISION DUE APPROX MID-AUG/MID-SEPT
(Office of Zoning & Administrative Hearings)
What: The OZAH hearing was conducted as a trial with witnesses & experts before a pseudo-judge, the Hearing Examiner (Khandikile Sokoni). The Developer/Applicant had the burden of proof. The Developer put on their case during Day 1 and Day 2 of the OZAH Hearing (Nov 6 and Dec 2, 2025).
THE DEVELOPER CONTINUED TO ARGUE HOW THEIR PROPOSAL FITS COLESVILLE...it is clear they do not understand our community & this is our chance to have a voice so the judge understands our objections of density, traffic, not fitting the character of the community, the heavily paved over green space and the impact on the environment & the neighboring homes with stormwater and pedestrian crossings on their private property due to lack of parking--and the overall impact on the Colesville infrastructure etc.
Then, it was our turn.
Day 3 took place on Jan 15, 2026. More than 75 Neighbors attended in person or on zoom. 27 neighbors testified in opposition of the townhouses (only person testified for them). You showed our diversity and spoke eloquently and passionately. Neighbors stuck to facts based on experience; some called out the “affordability” claims of the townhomes; others talked about safety on Notley road and increased traffic; some showed pictures of stormwater flooding in their yards; others raised concerns over overflow parking in Petwyn Court and Greenspring Street; some demonstrated on maps just how the cut-through traffic on Sherwood Forest Drive would flow; still others explained how different the Morningside Townhouses are; parents talked about schools capacity realties; each person added on to the next – it was a great unifying effort and we should be proud of our neighbors who spoke up for all of us.
Day 4 took place on March 16, 2026. 2 new community members testified, and 2 other neighbors finished their testimony from January. In total, 29 neighbors testified against the Notley Townhouses as proposed at OZAH hearings – THANK YOU TO EVERYONE! Also, in cross-examination, our attorney used Exhibit 68 - Slide 8 to show the width of the current homes on Notley Road -- some homes as small as 42 feet and 47 feet-wide. Next, she used Exhibit 82 to show that the townhouses can be up to 100 feet-wide. Finally, she got the Developer’s witness to admit that the Developers did not give the Hearing Examiner an accurate comparison of what 100 foot-wide townhouses would look like across from the neighbors with 42 and 47 foot-wide homes because they did not provide an exhibit showing the 100-foot townhouses across from the smaller current Notley Road homes drawn to scale!
Day 5 took place on April 13, 2026. One community member, Keith Nusbaum, testified. He asked the rhetorical question of why did the developer not apply for the Townhouse Floating Zone which would have allowed them to build 43 townhouses instead of the 130? He called the developer’s plans simply “ideas” that they will not be held to – leaving us neighbors with a 100-foot wide wall of townhouses 50-foot high. He ended by stating that everyone has told us this is just the first step and we will have many more chances for input…but really this is our ONLY CHANCE where decisions are made about our surrounding neighborhood that cannot be undone. His full 2-hours of testimony that talks about the regulatory pre-requisites and legal requirements can be read here along with his powerpoint slides.
Day 6 took place on May 11, 2026. One community member, Dan Whilem, testified about the Master Plan – how the Notley proposal does NOT FIT with the Master Plan because of the limited growth corridor and how Thrive 2050 does not replace the Master Plan. Then neighbor Kyle Smiddie testified about how the Morningside townhouses are different from the Notley proposal because they were built with (1) single-family townhouses, (2) 66% green space rather than 10% being proposed, (3) and abut a commercial center, the Giant grocery center.
Day 7 took place on May 12, 2026. The Developer put on rebuttal testimony but our attorney and community members cross-examined their witnesses. Some highlights:
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The applicant admitted that their height comparison was misleading to the OZAH examiner because they used the largest house on Notley Rd and didn’t even know the heights of other houses on the Notley Road.
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Our attorney pointed out that all the other approved floating zone applications are different than this floating zone because they are surrounded by commercial or other uses instead of single-family homes. The developers gave the Hearing Examiner the impression that there are lots of floating zone applications that are exactly like this one - not true.
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Their transportation expert admitted that no one, I repeat, no one will drive as cut through traffic through Sherwood Forest Dr. And instead, everyone will go through the traffic lights when they leave the new proposed development and go west to Rockville. Crazy.
THE BOTTOM LINE: if this floating rezoning is approved it will set a precedent in Montgomery County that a Master Plan does not matter. That communities don’t have voices in planning.
More info here:
NEXT STEPS:
OZAH Examiner Recommendation/Report (45-75 days after July 6) --- Mid-Aug/Mid-Sept
After all of the OZAH hearings, the Hearing Examiner will make a recommendation 45-75 days after the final record is closed. Her recommendation could occur in mid-Aug or mid-Sept.
District/County Council Vote/Oral Argument - After OZAH Recommendation/Report - Sept/Oct 2026
After the Hearing Examiner makes her recommendation, then the District Council (this is the same as Montgomery County’s County Council) will hold a VOTE to approve or deny the rezoning application. We can ask for oral argument where our Attorney can make an argument in front of the County Council before the vote. WE WILL NEED A HUGE TURNOUT FOR this COUNTY COUNCIL ARGUMENT. More to come as we get closer.
**** NOTE 3 members of the County Council (Glass, Friedson, Jawando) are running for County Executive -- Primary Election is June 23, 2026 ****
Members At a Glance - Montgomery County Council, Maryland
What you can do:
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Attend the District/County Council Vote/Oral Argument in Sept/Oct and WEAR YOUR “No Notley Townhomes” TSHIRT! (or yellow) LET'S PACK THE ROOM! Your attendance is VERY IMPACTFUL & IMPORTANT!
