UPDATES
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 a voice in planning what happens in their community.
Notley Road Townhouses Recap JULY 2025 - Present (Rezoning Application H-159)
In July 2025, the greater Colesville community was shocked to learn that an outside developer wanted to rezone 10 acres on Notley Road 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 Montgomery County Planning Staff at the proposed site on Aug 27, 2025.
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We met with the Montgomery County Planning Staff at Westover Elementary School on Sept 4, 2025 with over 300 neighbors (see 9/4/25 Blog Post below).
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Montgomery Planning Board - July 2025-Oct 2025
In October 2025, over 150 community members attended supporting us at the Montgomery Planning Board Hearing and 25 neighbors testified against the Townhouse Rezoning Application to allow 15 units per acre because 150 total units was too dense in our community. We argued that a Townhouse Floating Zone or Apartment Floating Zone of 4.36 units per acre would be more appropriate and would be compatible with the surrounding neighborhood.
The Montgomery County Planning Board voted 3-1-1 recommending the rezoning application move forward (1 member abstained). But 3 Board members were concerned about the density and imposed "binding elements" (i.e. requirements) on the Developer, including: (1) the Developer reduce the number of units from 150 to 130; (2) and the Developer increase from 16.25 to 19.5 (only 19.5!) affordable units out of the 130 total units. Then, the Planning Board sent a Recommendation Letter to OZAH.
The Planning Staff Report shows the requirement to slightly increase affordable housing units by 3 units:
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"The proposed Project will exceed the 12.5% MPDU [Moderately Priced Dwelling Units / affordable units] requirement by providing a minimum of 15% MPDUs." p.2. This results in a shift from 16.25 to 19.5 affordable units.
Planning Board Member Shawn Bartley voted no and made three important points when rejecting the rezoning:
1. The Developer tries to make the proposed development “fit on paper,” but “it doesn’t fit in the community.”
2. Zoning is a promise that the land will support the neighbors and that the government should be compliant with the zoning for the community that chose to
live there.
3. He later emphasized that these townhomes will not help the housing crisis in Montgomery County because he’s “just not sure that these homes will be less”
but instead nearly all will be market rate and just as expensive as those around it.
Montgomery Planning Board: 10/30/25 - YouTube (View Planning Board member Shawn Bartley comments at 8hr 17 min 30 sec to 8:25)
OZAH Hearing (7-day mini-trial) - Nov 2025 - July 2026
From November 2025 until May 2026, the Office of Zoning & Administrative Hearings (OZAH) held hearings – 7 days of hearings in total – nearly 50 hours of testimony. More than 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 19.5 proposed out of 130), inconsistencies with master plan and nearby townhouses. The OZAH testimony finished on May 12, 2026. Closing Briefs concluded on July 6, 2026. The OZAH recommendation/decision will be due in Mid-Aug/Mid-Sept 2026. For a full-recap, keep reading below.
Day 1 and Day 2 took place on Nov 6, 2025 and Dec 2, 2025. The OZAH hearing was conducted as a trial with witnesses & experts before a pseudo-judge, the Hearing Examiner, Madame Khandikile Sokoni. The Developer/Applicant went first and had the burden of proof. The Developer put on their case during Day 1 and Day 2. THE DEVELOPER CONTINUED TO ARGUE HOW THEIR PROPOSAL FITS COLESVILLE...BUT IT WAS CLEAR IT DOES NOT FIT. The developer is an outsider that does not understand our community. They did not understand our objections to density, traffic, not fitting the character of the community, the heavily paved over green space, 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. The Developer ended their side after two days.
Transcript Day 1 - Nov 6, 2025 Transcript Day 2 - Dec 2, 2025
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 one person testified for the developers). 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 - only 19.5 affordable units - the REST OF THE 130 HOUSING UNITS WOULD BE BRAND NEW EXPENSIVE MARKET RATE UNITS - MORE EXPENSIVE THAN OUR NEIGHBORS COULD AFFORD; others talked about safety on Notley road and increased traffic; some showed pictures of stormwater flooding 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 school 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. Transcript Day 3 - Jan 15, 2026
Day 4 took place on March 16, 2026. 2 new community members testified, and 2 other neighbors finished their testimony from January. 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 give her an exhibit that showed the 100-foot townhouses across from the smaller current Notley Road homes drawn to scale! Transcript Day 4 - Mar 16, 2026
Day 5 took place on April 13, 2026. One community member, Keith Nusbaum, testified. He asked the rhetorical question: why did the developer not apply for the Townhouse Floating Zone or Apartment Floating Zone which would have allowed them to build 43 townhouses instead of the 130? He called the developer’s plans of "better set-backs" and lower heights" as simply “ideas” that they will not be held to – leaving us neighbors with a 100-foot wide wall of townhouses 50-foot high. (Remember, this developer can simply leave and sell to another developer once the rezoning is approved.) 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 ACTUALLY this is our ONLY CHANCE where decisions are made about our surrounding neighborhood that cannot be undone. His written testimony that describes the regulatory pre-requisites and legal requirements can be found here along with his powerpoint slides. Transcript Day 5 - Apr 13, 2026
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. In total, 32 neighbors testified in support of our group at the OZAH hearings – THANK YOU TO EVERYONE! Transcript Day 6 - May 11, 2026
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 Notley Rd proposed floating zone because they were surrounded by commercial or other uses instead of only 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 - just 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. Also, not true from any of our neighbors' experience.
Transcript Day 7 - May 12, 2026
In June 2026, closing brief were due - see below:
Applicant/Developer's Closing Argument Brief --- June 2
Link to the Brief here: Developer's Closing Brief
**** June 23, 2026 Montgomery County Primary Election was held for County Executive and County Council****
Will Jawando won County Exec
At Large County Council (4 at large members)
Mark Elrich, (supportive of us), Laurie-Anne Sayles (unclear if she supports us), Scott Goldberg (unclear of support) -- all won
Karla Silverstre (unclear if she supports us) is leading Fatmata Barrie (supportive of us) by 1000 votes as of 6/27/26 for the 4th at Large Spot.
Kristen Mink (District 5 which covers the Notley Road location) won -- she appears to be on our side.
Link with Election Results: https://elections.maryland.gov/elections/2026/primary_results/gen_results_2026_by_county_16.html
Opposition/Our Attorney's Closing Argument Brief --- June 24
Link to our Attorney's (Ms. Rosenfeld) Brief: Ms. Rosenfeld's Closing Brief
Link to Mr. Nusbaum's Brief: Mr. Nusbaum's Closing Brief
Link to Mr. Touhey's Brief: Mr. Touhey's Closing Brief
Applicant/Developer Reply Brief --- July 6
Link to the Brief: Developer's Reply Brief
NEXT STEPS
OZAH Examiner Recommendation/Report (45-75 days after July 6) --- Due Aug 20 - Sept 19
After all of the OZAH hearings, the Hearing Examiner will make a recommendation 45-75 days after the final record is closed.
The Hearing Examiner has many options of what she can recommend. She can say:
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“Yes” to everything the developer requested
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“No” to everything the developer requested
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Anything in between such as:
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recommend the developer reduce the density, height, etc;
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recommend new binding element(s); or
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recommend remand for additional testimony on specific matters
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The Hearing Examiner’s recommendation will likely be 30+ pages long. Her recommendation is made to the Montgomery County Council who will then have the final vote "Yes or No" on whether the rezoning for the townhouses can occur. This FINAL VOTE could occur as early as Sept or Oct.
District/County Council FINAL 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 FINAL 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.
Link to Montgomery County Council Members
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!
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.
For all the documents / more info, click this link here:
