MoCo working to move back fence in Purple Line path

Fence being built into the Georgetown Branch Trail right of  way behind 4303 Elm St.Montgomery County officials say a fence built last week in the path of the planned Purple Line light rail must be moved back.

The fence, built behind the property at 4303 Elm St. in Chevy Chase, backs almost all the way up to the Georgetown Branch Trail extension of the Capital Crescent Trail. The county-owned right of way will be used for the Purple Line, the 16-mile light rail that will run from Bethesda, through Chevy Chase to Silver Spring and New Carrollton along a rebuilt trail.

Diane Schwartz Jones, director of the Montgomery County Department of Permitting Services, said the owner of the property will be required to move the fence back to the property line.

The home that stood on the property has been demolished to make way for a new one. Jones said the previous owner had acquired a portion of a property just next to the Georgetown Branch right of way in 1965 through a quiet title action. That small area between the right of way and the recorded property line for 4303 Elm St. was the source of some confusion.

Permitting Services granted a fence permit to AR Home Improvement for 4303 Elm St. on Aug. 26.

“At this point, we are working with the current owner to have the property staked to more clearly identify the boundary line between the parcel acquired in 1965 and the Georgetown Branch right of way,” Jones said. “The owner will be required to move the fence to the property line.”

Jones said the previous owner, along with several others, also tried to adversely claim a portion of the Georgetown Branch right of way, but lost in court.

Ajay Bhatt, a nearby resident and critic of the Purple Line, is attempting to adversely claim a portion of the Georgetown Branch right of way in county court. It comes after the county slapped Bhatt with a $500 fine for building a new fence outside of his property line and in the right of way.

Permitting Services also issued Bhatt a fence permit, but Jones said Bhatt’s situation was more clear-cut than the one at 4303 Elm St.

“Mr. Bhatt’s building permit clearly shows that the fence is to be on the Owner’s Land by the “Y” designation and not on Right-of-Way by the “N” designation,” Jones wrote in an email. “Any deviation of this would have to be noted on the permit and it is not so noted and use of the County property would have to be expressly authorized. So while Mr. Bhatt may have had a fence permit, it was to build it on his property, not on the County’s property.”

Many with properties that back up to the trail have built fences, sheds and other backyard structures that are technically in county right of way. The trail was previously a railroad.

If a county judge deems Bhatt can adversely claim the property in the right of way, it could mean the Maryland Transit Administration would have to condemn the land and pay for it. The $2.37 billion Purple Line is expected to begin construction in late 2015.

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