County Councilmember Roger Berliner says he’s not sure why the county has issued permits to allow developers in downtown Bethesda to close multiple sidewalks for long periods of time during construction projects.
“I’m a little mystified,” Berliner said. “I’ve asked staff to inquire into what’s going on, and I can tell you that we’re looking into it.” Berliner represents Bethesda and Chevy Chase as the District 1 councilmember.
Berliner said that when he joined the council in 2007 one of the first amendments he proposed, which was later passed, required sidewalks to remain open during construction in central business districts, unless there’s a compelling reason to close them.
The amendment says the director of permitting services “must not issue a permit…to close a curb lane, sidewalk or shared use path for work on an abutting structure…for more than 15 days, unless a safe alternate walkway or shared use path is provided on the same side of the street.”
He said the amendment was inspired by his experience in other metropolitan areas, such as New York City, where developers are able to construct large buildings without closing sidewalks.
According to the road code, the Department of Permitting Services (DPS) can issue a permit to close a sidewalk for more than 15 days without providing a safe alternative walkway only if a professional engineer submits a certification that says the construction of such a walkway is not possible or if the “sidewalk on the other side of the street is more convenient to pedestrians or bicyclists.”
Recently, business owners on Old Georgetown Road and Fairmont Avenue have said sidewalk closures related to the construction of apartment buildings have hurt their businesses.
Both sidewalks on Fairmont Avenue have been closed for significant periods of time as two construction projects have been underway simultaneously. Bainbridge has nearly completed the Bainbridge Bethesda apartment building, but JBG is expected to take another two years to complete the 7770 Norfolk apartment building across the street.
Ken Hartman, director of the Bethesda-Chevy Chase Regional Services Center, said in June that both construction companies obtained permits from the county to close the sidewalk. However, he said it was never intended that both sidewalks would be closed at the same time. Construction delays pushed back the completion of the Bainbridge building by six months, and that caused both sidewalks to be closed simultaneously, according to Hartman.
Kettler obtained a permit from the State Highway Administration to close the sidewalk along Old Georgetown Road where the company is building a new apartment building.