The Silver Spring Penguin

The issue of concrete sidewalks versus granite paving outside a Fenton Village condominium seemed trivial. But the county planning board’s recent discussion on the matter hinted at the fury to build and buy condos during the area’s housing boom.

On Nov 20, the planning board ruled that the Lofts 24 condominium on Fenton and Bonifant Streets deserved granite paving (below, left) at its entrances, as was proposed previously by Virginia-based developer MAB, and not the concrete crap that was actually used (below, right).

Sandra Pereira, with the planning department, told the board that granite was “an integral part of the building’s design, and part of the public amenities in the original site plan.”

So why was concrete used in the first place, if the original game plan called for granite?

“We had to make a decision on the spot,” Alex Diaz, with MAB, testified. Granite was a tough find and would have stalled construction by as much as 16 weeks, he explained. On top of that, the company and its general contractors were under the gun to get the project finished.

“The building had to be delivered,” Diaz said. “It was not our intention to ignore the wishes of the planning board.”

But fancy sidewalks weren’t the only element scratched during construction. According to Ferris Curry, a member of the Lofts 24 condo board, skylights drawn into original planning board-approved plans were left out of the final product.

Installation of those skylights would have violated height restrictions in the area, so MAB and planning staffers agreed to nix them, official documents state. But the developer continued to refer home buyers to designs that included the rooftop windows, Curry testified. It was only during Curry’s walk-through inspection of his brand-new, top-floor digs that he learned the skylights were out.

“At that point, we were being pushed to close on the property,” Curry told the board. He wasn’t offered a price break, and any delay in closure would have added penalty fees to the tab, he added.

Planning commish John Robinson felt Curry’s pain. But the planning board wasn’t equipped to force a developer to fulfill a business obligation if it meant violating county codes, he said. (Translation: Take ‘em to court.) However, the board could force MAB to tear out the concrete walkways and drop in some granite — as was so ordered.

MAB’s reps weren’t digging the idea. The work would cost the company $141,000, and no contractor would be willing to take the liability risk of futzing around the building’s pipes and wiring, Gus Bauman, legal eagle for MAB, testified. Diaz also warned that reworking the sidewalks could lead MAB into bankruptcy.

“That’s your problem,” commish Robinson and chair Royce Hanson said simultaneously.

“I’m not buying into the economic-waste argument,” Robinson told MAB reps. “We can’t make exceptions here and then make exceptions for others as well. You’re not providing us with an alternative solution.”

MAB has about one month to pitch a game plan outlining how and when the concrete will be replaced.

Photos courtesy of MNCPPC.