The managing member of the Battery Gardens apartments at 4918-4938 Battery Lane, John W. Gill, Jr., is warning the Montgomery County Planning Board that his garden apartment complex will be plunged into "virtual darkness for so much of the day" if the Brightview Bethesda senior high-rise is built directly behind it on Rugby Lane. The 90' building, which would be the first such assisted living facility in downtown Bethesda, would "block out virtually all sunlight for 22 of our apartments for over 8 months out of the year," Gill wrote in a letter to the County Planning Department. Other units would be affected for long portions of the year, he said.
One major issue besides the height of the building, is the fact that it will be right up against the property line, only about 20' from the apartment windows of current residents at Battery Gardens. Gill says he is concerned the impact of the building could leave him with vacant apartments, which he currently is leasing at affordable prices relative to the market rate of newer buildings downtown.
In response to his concerns, planners ordered a shadow study for the proposed development. I am not an expert in this field by any means, so I welcome comments by more knowledgable readers below. Reviewing the scenes that represent various times of the day and year, only one "before and after" jumped out as showing a significant difference:
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| Before |
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| After |
You can review all of the shadow study images
in the staff report (scroll down near the end of the PDF file). Share your thoughts in the comments below as to what you think the impact would, or would not be, or even whether or not you think the study is examining the correct angles of concern to Battery Gardens.
If you are a resident of Battery Gardens? You're probably the most qualified to speak to this question.
18 comments:
What the heck is a "Managing Member"?
"currently leasing at affordable prices relative to the market rate of newer buildings downtown."
They're cheap because they're crappy. Take a look at them sometime. One of the buildings has a crack in the exterior wall where one section of the wall is displaced nearly 2" from the rest of the wall.
"The 90' building, which would be the first such assisted living facility in downtown Bethesda"
What does this mean? Springhouse and Waverly House are the same elevation.
Is there a law guaranteeing sunlight?
If there was, the Gallery would not have been built.
6:38 AM There is a thing call the "Sunshine Law".
6:38 AM There is a thing call the "Sunshine Law".
Does Montgomery County specifically have that kind of law? I can't find anything if anyone who does know can help provide a link. Thanks!
An LLC managing member holds an ownership interest in the company, participates in its day-to day management and has authority to contract on behalf of the company.
As with many things in govt, Sunshine Law has absolutely nothing to do with sunshine. Surprised? Thought not.
Huh? So does MoCo guarantee a right to sunlight or no?
This isn't anywhere as bad as the poor folks at Crescent Plaza who have the new apartment building wrapping around theirs.
Vampires cast no shadow. Maybe if this building is a retirement home for undying vampires, it will cast no shadow, either.
Yeah that's so weirdly laid out. Bethesda is all disjointed lots and buildings. so many loading docks and parking entrances to break up blocks. Yuck.
As a resident, the sun comes in from the sides of the apartment that are parallel to Battery Lane not from the Rugby Avenue side.
@ 7:30 AM x 2: "Sunshine Law" refers to requirements for open meetings and other issues relating to transparency of government procedures. It has nothing to do with sunlight and buildings.
Residential units are required to have exterior windows, but that's the only law that comes even close to requiring a certain amount of sunlight.
In fact, shadow calculations are a standard part of computer graphics, and algorithms for the position of the sun are well known. So, if there are 3-D models of the buildings involved, the desired calculations are standard and straightforward.
So basically there is no legal basis for the complaint.
Midday sun in the winter with at least a 90' building will cast a shadow over 4928 and 4930 buildings. The 150 year old Tulip Poplar tree was used as a gauge. The historic tree branches overhang the property line of the proposed site.
So despite all the shade studies and using a tree as s gauge, it ultimately doesn't matter because there are no rules and requirements?
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