However, I was told by Steve Martin of the Montgomery County Department of Environmental Protection that the Maryland State Highway Administration can issue its own lane-closure permit for nighttime work to a utility, like Pepco or WSSC. The DEP has no authority to override the SHA, Martin said. Given that I am hearing from multiple residents who were not aware this was going to happen, it suggests that appropriate notification of nearby property owners and apartment management offices by the contractor did not occur in this case.
You'll notice a dark strip in the far-right lane of northbound Wisconsin directly in front of the bank in several of these photos. I'm also still not seeing a sidewalk closure announcement with dates prominently posted, which is now required under a recent County law. I am aware that a 311 report was filed on this and at least one other project a few weeks ago.
There is no excuse for these disruptions. A lot of people's domestics live in apartments in that area, and if they cannot sleep, the quality of their work is going to suffer.
ReplyDeleteThese followup are a great improvement!!
ReplyDeleteI am so thankful you looked into this. I live within 1,000 feet of the construction site and for the past month there has been off/on construction at night. Normally, I do not mind this as I understand they can only do so much during the day without having to close a lane on Wisconsin Ave. Last month or so there has been some nighttime noise mainly heavy construction vehicle noise and general construction sounds like hammers and such.
ReplyDeleteHowever, the past week they have been doing jack hammering well into 11:00 PM each night. It makes falling asleep so difficult. Just early this morning (not sure time - maybe 5am?) there was a loud bang like a dump truck lid slamming shut. I have no idea if it was part of the construction site but my guess it is.
Any response from the county on the lack of posted sidewalk closure notices and info?
ReplyDeleteTD Bank is a bad neighbor and not a friend to Bethesda. Did you reach out to TD for comment. They ought to be put on the defensive and called to answer why they are such fuck ups.
ReplyDeleteDon't buy million dollar condos in a construction zone if you don't want noise. What do people expect to hear when there's a new building (mostly residences) going up on every corner? Don't complain just move somewhere else.
ReplyDeleteAmen! They even buy houses on top of commercial properties and expect them to tip toe quietly when they get home. When do they want deliveries? Rush hour?
DeleteHaving a bank there sucks, but it's a slight improvement over that tiny, crappy old gas station, and we got a nice new sidewalk and undergrounded utilities, too.
ReplyDeleteDid they bury the power lines?
DeleteHow come Dyer is "good cop" to the TD Bank on Old Georgetown, but "bad cop" to the one on Wisconsin, this week?
ReplyDelete8:17: The noise issue is at the Wisconsin one, that's why.
DeleteInteresting how quickly the county moved against small businesses having signs on sidewalks compared to how slow they've responded thus far to TD Bank, JBG, etc. closing entire sidewalks for weeks/months.
ReplyDeleteNot sure the county really moved all that quickly against small businesses having signs on sidewalks. It's been an issue for years and this was really the first I heard the county do anything about it.
DeleteThat being said I don't really notice any difference in the number of signs since then.
I filed the complaint about the sidewalk signs a few weeks ago. I just checked the status, and DPS reports "No violation found":
ReplyDeleteSR Number 200050388 Inspected By Adam Curtin
SR Date 03/17/2016 Resolution Date 03/17/2016
SR Code Row Violations Resolution Code No Violation Found
Site Address 8101 Wisconsin AVE
Bethesda, MD 20814-3623 Lot/Block 28/1
Subdivision West Chevy Chase Heights
So my question is -- is it not the case that they need to have a notice for a sidewalk closure? Can anyone cite the relevant law? I can certainly follow up with the inspector.
11:18 AM The county slapped violation stickers on small business signs.
ReplyDeleteNothing done yet about sidewalk closures by big banks and developers however.
The law states that signs need to disclose details about sidewalk closures, such as length of closure.
I thought the small business signs all got a warning notice and info for a public meeting to help explain the rules? Did they go through and actually ticket after that?
DeleteIt was at 4am...
ReplyDelete"...However, the past week they have been doing jack hammering well into 11:00 PM each night. It makes falling asleep so difficult. Just early this morning (not sure time - maybe 5am?) there was a loud bang like a dump truck lid slamming shut. I have no idea if it was part of the construction site but my guess it is."
@1:17 They got a warning from BUP (Bethesda Urban Partnership), not MCDPS (Permitting) and I think it was more as a courtesy, as BUP doesn't have enforcement authority.
ReplyDeleteSo it sounds like BUP did a good thing. Warning and education as opposed to going straight to fines.
DeleteI'm skeptical as to whether they've actually been doing utility work the entire time. This week, they were jack hammering, etc. at 3am on the construction site and laying down pavement for their parking lot / driveway. The SHA should investigate as to whether or not the issued permits (if any!) are being properly utilized by this contractor.
ReplyDeleteIt's significant if you say they are doing their work on the actual property, rather than in the street. Noise waivers are typically issued for night work because they involve lane closures that aren't feasible during rush hours and business hours. This sounds like a different situation, and you could file a noise complaint:
ReplyDeletehttp://www2.montgomerycountymd.gov/DEPOnlineForms/NoiseComplaint.aspx
Regarding sidewalk closures, yes, they are required to post a sign with the closure dates under the new law.
For crying out loud people, you whine about not having the amenities of urban life, and yet you want the idyllic nature of the country. You can't have both. City life is a bustling, and noisy arena, love it or leave it, your not in Green Acres anymore.
ReplyDelete@7:57 AM - Make like a tree....why can't they jackhammer during the day? Even if they need street access can't they do this during non-rush hours?
ReplyDelete@9:16 You have a good point. One lane of Old Georgetown at Wisconsin has been closed for many months due to construction of that building next to Tyber Bierhaus. That's a major road, and it takes away one of the 2 thru lanes. If that's OK, why can't they do this one during the day also?
ReplyDeleteDyer: Can you cite the sidewalk law please? If I'm going to take this up with MCDPS, I need to have my details in order.
Not Dyer, but I already have a county site open.
ReplyDeletehttps://www.montgomerycountymd.gov/DOT-Traffic/Resources/Files/TempTrafficControl_Requirements%202014.pdf
Noise too:
http://www.montgomerycountymd.gov/dep/community/noise-ordinance.html
Read away.
@12:12pm. Thanks. The bit on sidewalks seems somewhat unclear. It looks like signage is only required if the sidewalk closure is > 2 weeks. I wonder how we as the general public are supposed to know this... Do we wait for it to be closed for 2 weeks straight, then report it?
ReplyDeleteThat's beuracracy and government and Ill-thought out processes for you. Private companies are like this too all the time.
Delete