RCHCA Fall Meeting (& beavers!)

By | Board Correspondence, Meetings

Dear neighbors,

In spite of today’s heat and humidity, it’s September and we’re looking back at Labor Day, so the Summer must be over. We’re working with Grace Episcopal Day School (our usual meeting venue) to find a date in late October for a meeting of the RCHCA. Here is a draft agenda for that meeting (please let me or any Board member know if you have other items we should cover):

1. Park update & outlook;
2. Potential incorporation of Rock Creek Hills;
3. Halloween parade & party;
4. Update on Villages of Kensington <>;
5. Treasurer’s report.

If you have not done so, please may I ask you to pay your RCHCA dues of $40? You can do this by sending a check to your Treasurer, Ms. Maria Marzullo, at 9801 East Bexhill Drive, Kensington, MD 20895, or per the “Instructions for Online Dues Payments” at

Election of officers would take place at our January meeting; as of this writing it appears that all members of your Board are willing to serve another term.

And finally, speaking of Labor Day, each morning of the three-day weekend I walked to the Kensington Parkway bridge over Rock Creek, and I can report that the beavers are back! You can see them at <>.

With best regards,
Jim Pekar
President, Rock Creek Hills Citizens’ Association

RCHCA meeting: Tuesday, March 3rd, at 7:30 PM

By | From the RCHCA Officers, Meetings, RCHCA Biz

Dear neighbors,

The Rock Creek Hill Citizens’ Association’s annual meeting will be held on Tuesday, March 3, at 7:30 PM, at Grace Episcopal Day School, 9411 Connecticut Avenue.

The agenda will include an update on the status of the pending conversion of Rock Creek Hills Park, a discussion about the wind-down of the related litigation, election of officers, a treasurer’s report, a short presentation on developing land use, transportation, and parking issues, and an update on the development of an intergenerational Village program in our community.

We are deferring until early February the more detailed announcement and newsletter, in order to be able to include the latest information on the park situation, including, if possible, any plans that the Board of Education may submit to the Planning Board as part of the Mandatory Referral process. We will let you know as soon as we hear that such plans have been filed.

This year’s dues are $40 and should be mailed to Ms. Maria Marzullo, at 9801 East Bexhill Drive, Kensington, MD 20895, or can be paid at the March 3rd meeting. Only dues paying members are eligible to vote at the meeting.

With best regards,
Jim Pekar
President, RCHCA

Notice of Next RCHCA General Meeting: Monday 9/22 @ 7:30 pm

By | B-CC Middle School / RCH Park, From the RCHCA Officers, Meetings, RCHCA Biz

Dear neighbors,

The Autumn Meeting of the Rock Creek Hills Citizens’ Association will take place at 7:30 PM on Monday, September 22nd, in the multipurpose room of Grace Episcopal Day School, at 9411 Connecticut Avenue. The primary topic of the meeting will be review of the plans submitted by Montgomery County Public Schools (MCPS), to the Montgomery County Planning Board, for construction of a middle school on the site of Rock Creek Hills Park.

You can see the site plan at <>, the architectural drawings at <>, and the “preliminary forest conservation plan” at <>. The Planning Board has posted the full MCPS submission at <>.

As you may recall, the Planning Board’s “Mandatory Referral” hearing, for review of these plans, was originally scheduled for July 17th. In late June, the hearing was rescheduled to September 18th, because MCPS had decided to study revising the site design, in order to respond to concerns from Planning Board staff regarding tree loss and excessive retaining walls; the Planning Board expected new plans to be submitted by MCPS in late July or early August. However, as of this writing, the Planning Board has not received new plans from MCPS, the September 18th hearing has been cancelled, and no new date has been given for the hearing. Under these circumstances, it is reasonable for us to review the plans that have been submitted. We will be assisted in this by Ms. Amy Lindsey, Senior Planner, Montgomery County Planning Board, and we have invited MCPS to send a representative.

The meeting will also include:
• an update on our new online directory;
• a treasurer’s report.

At the last meeting of our Association, the membership asked your Board to report on the subject of accessory apartments for rental purposes in Rock Creek Hills. The Board did so electronically on July 18th (see <>), and via first-class mail to all Rock Creek Hills households soon after. If members have questions about this matter, there will be an opportunity to discuss them at the meeting.

[I note that it would not be appropriate for us to discuss pending litigation seeking to preserve Rock Creek Hills Park, the transfer of which for construction appears to be unlawful, at a meeting to which we have invited representatives of the Planning Board and the Board of Education.]

If you have any other matters you would like discussed at the meeting, please advise me or any Board member at your earliest convenience.

I hope to see you on the 22nd of September!

With best regards,
Jim Pekar
President, Rock Creek Hills Citizens’ Association

Meeting Reminder–This Thursday, May 29 @ 7:30

By | From the RCHCA Officers, Meetings, RCHCA Biz

Dear neighbors,

Hope to see you at the RCHCA meeting this Thursday May 29 at 7:30 PM in the multipurpose room at Grace Episcopal Day School on Connecticut Avenue. Please come at 7:15 if you’d like to help set up!

The agenda will include a presentation on our covenants, how they are administered, and a review of the recent submission of a request (since withdrawn) for approval of an accessory apartment for rental purposes. Although the withdrawal of the apartment application makes the matter moot, it is still appropriate to discuss, especially as the (former) applicants have asked for an opportunity to address the meeting. Others can follow, with all presentations limited to five minutes unless extended by the chair. There will also be an update on neighborhood security, the status of park-related matters, a Treasurer’s report, and new items that may be raised by the members. If you have any such concerns, please provide them at your earliest convenience.

If you’ve paid your 2014 dues, then thank you. If not, then please consider renewing your support for your community: Dues are $40 per household; checks payable to “RCHCA” may be sent to our Treasurer, Ms. Maria Marzullo, at 9801 East Bexhill Drive, Kensington, MD 20895. Or, bring a check to the meeting! We ask that those speaking at the meeting have paid their membership dues.

Thank you, and see you Thursday!

With best regards,
Jim Pekar
RCHCA President

Notice of Spring RCHCA Meeting: May 29, 2014 @ 7:30 pm

By | Meetings, RCHCA Biz

Dear Members,

Just a reminder that the spring meeting of the Rock Creek Hills Citizens Association will be held on May 29 at 7:30 at Grace Episcopal Day School on Connecticut Avenue.  The newsletter was mailed on Thursday May 15th and should been in your mail box.  You can also find it posted on the Rock Creek Hills Citizens Association website at if the mail failed you.  Please focus on the sections on the covenants and the matter of accessory apartments in preparation for the meeting.

Jim Pekar sends his regards from Milan.


John M. Robinson


The Rock Creek Hills Citizens’ Association Spring meeting will be held on Thursday, May 29, at 7:30 PM, at the Grace Episcopal Day School, 9411 Connecticut Avenue, in the Multi-Purpose Room. The agenda will include a presentation on our covenants, how they are administered, and a pending request for approval of an accessory apartment for rental purposes. There will also be an update on neighborhood security, the status of park-related matters, a Treasurer’s report, and new items that may be raised by the members. If you have any such concerns, please provide them at your earliest convenience. This issue of the Association newsletter will be printed and mailed to all members, in addition to the standard printed meeting notice.

Visit our Meetings page for more information as it it becomes available.

RCHCA February 2014 Electronic Newsletter

By | From the RCHCA Officers, Meetings, Newsletters, RCHCA Biz

Dear Members,

The RCHCA annual meeting will be held on February 27, 2014 at 7:30 at Grace Episcopal Day School, 9411 Connecticut Avenue in the Multi-Purpose Room. The agenda includes two voting items: (1) the election of officers, and (2) policy issues related to the covenants. There will also be the treasurer’s report, a discussion of Association activities and programs (including the need for volunteers), a report on the status of the proposed middle school to be built at Rock Creek Hills Local Park and the related litigation, and a limited discussion of traffic issues related to the Rock Creek Hills Local Park site if time permits.

Election of Officers

Your Board has prepared a slate of officers for the February meeting including Jim Pekar for president, Maria Marzullo for Treasurer, and Jill Gallagher for Secretary. Sam Statland is stepping down as vice-president and at this point there is no replacement. Joe Rosenberg will being going off the board after many years of service and John Robinson will become an ex-officio officer as the ex-president. John Robinson will continue to work with the board on legal and government issues. The board welcomes additional nominations and hopes that there will be a volunteer for vice-president.

Treasurer’s Report

Cash in hand for the general operations on January 31 was $6,307 in checking and $11,250 in savings, including the receipt of $1,320 in 2014 dues to date. Cash and savings in hand for the litigation fund on January 31 was $2,830. A brief update will be provided at the meeting. The 2014 dues for operating purposes only are $40 and will be used to finance the Association’s community activities, its administrative functions, and any legal or governmental matters that are not related to the proposed conversion of Rock Creek Hills Local Park to a new middle school. As discussed below, matters related to the proposed middle school are separately funded and have been for the last two calendar years.

Community Activities

The Association supports a range of activities that go beyond matters that may be of immediate concern such as covenant or land use and transportation issues. These include the maintenance of three planted intersections, the signs for the entrance to our community, and at time tree planting and other open space maintenance. The Association also has activities to keep its members informed such as three regularly scheduled meetings, meeting notices, the newsletter (some of which must continue to be in hard copy), the directory, the website, and material provided by our welcoming Committee. There are at least two major community wide events – the Mother’s Day Picnic and the Halloween Parade and Party. Funds are required to support these activities, and in 2014 we will have the additional expense of a new community directory. We have an immediate need for someone to manage the two parties and relieve Marilyn Emery of that responsibility, which she has graciously performed for many years. Marilyn is quite willing to provide any volunteers with pointers on how to organize both functions, but there is no firm commitment for a replacement yet. The directory is normally done by a committee and the board will ask for a committee chair and volunteers at the meeting. Mike Baker and John Robinson will help update the mailing list and explain how to check current ownership names against the County’s public tax records. Home owners are of course free to opt out of the directory or to decline their telephone numbers or email addresses. In addition, the Village program that supports community wellbeing, particularly the elderly residents, is looking for volunteers. Please contact John Robinson if you are willing to undertake this program.


The RCHCA covenants are essential to maintaining the appearance and quality of our community and apply to almost all lots located west of Stoneybrook Drive and the Mormon Temple. While the language varies slightly, all of the covenants address four essential points: fences, the prohibition of business activities, the subdivision of lots, and proposed construction of structures or external improvements to existing structures. The first three of these are reasonably easy to enforce for several reasons.

Fences are a critical issue because of their visual impact on the community. For this reason fences are prohibited from being further forward than the front line of the house, materials are reviewed by the board, and landscaping to soften or conceal the fence may be required. In the case of fences, the requirement to obtain approval is well established, and if a fence is constructed in violation of Association policies regarding such construction, it is possible to require the removal or modification of the fence without undue financial burden to the lot owner.

Businesses can be enjoined if detected and the Association in the past has allowed a reasonable period of time for the business to relocate. Recognizing that many people work out of their homes electronically or by mail and telephone, the Association’s board has adopted the “no impact” standard contained in the County zoning code. The revised code prohibits employees at the residence and limits all visits, including deliveries, to five per week. This permits a reasonable amount of professional consultation and FedEx type deliveries without imposing traffic or a commercial environment on the community. The County Council draft makes clear that the storage or loading of commercial landscaping equipment in an R-90 residential zone such as ours is prohibited. RCHCA will post the text of the new zoning code on home occupations on the RCHCA website when it is available.

The board believes that pressures for subdivision are likely to increase as land values escalate due to the locational advantages of our community. All subdivisions must be approved by the RCHCA board and by the Park and Planning Commission. Since public notice is required, this should be easy to monitor but the large lot size is an important RCHCA quality.

The most difficult covenants issue is the requirement to have all improvements or structural modifications excepting landscaping approved by the Rock Creek Hills Covenants committee. This requirement is absolute and has important implications for the owner because failure to comply is a breach of a condition attached to the owner’s deed and may affect the quality of the owner’s title. Moreover, failure to comply raises the possibility of hard feelings among neighbors and aesthetic impacts on the community. The board emphasizes that it does not want to engage in intrusive review of the details of proposed construction and improvements as some communities with obligatory home owner associations are known to do. But recently the board had two situations where the failure to obtain approval could have caused conflict with neighbors or had significant visual impact on the community. Both were resolved through accommodations or design review, but the issues would have been avoided if the approval process had been followed. Most importantly, if construction is begun before approval is obtained, the owner will have already spent substantial sums on permits and the work to date and may be firmly committed to a contract with strict time frames and other potentially costly provisions.

Finally, we should discuss the definition of landscaping. As houses get larger, the terrain in Rock Creek Hills means that retaining walls, large stair cases, and similar improvements have become more pronounced. Unlike vegetation, such permanent structures cannot be readily removed and could be considered to be an extension of the house. As such, I believe that they should be subject to review to ensure that there are not undue impacts on the neighboring houses, and most importantly, that those owners are able to comment.

Status Report on Rock Creek Hills Local Park and related litigation

The Montgomery County Board of Education completed its initial public design review of the middle school it intends to build on Rock Creek Hills Local Park in early November 2013 and has posted the relevant materials on the construction portion of its website at The County Board will begin detailed design work this summer, construction is scheduled to begin in August 2015, and to be completed in time for the August 2017 school year. The litigation over the pending conversion of Rock Creek Hills Local Park to a new middle school has entered its appellate phase. The RCHCA initial brief was filed on December 4, 2013 and we received the government parties’ answering brief on January 24, 2014. The RCHCA reply brief is due February 19 and oral argument is scheduled for March 5, 2014. After reading all the appellate materials and the supporting record, Bil Chen, our counsel, and those Rock Creek Hill citizens working on the appeal, continue to believe that the appeal has a great deal of merit. In addition, all the legal bills and costs incurred prior to the drafting and filing of the December 4 brief have been paid and the only costs outstanding are for the appellate phase of the litigation. However, the costs of the last three months are considerable and an additional contribution would be helpful. In the past RCHCA has requested a special payment of $250 to support this litigation and many have provided this or more. Any amount would be welcome and we would hope that you can repeat your past contribution if possible. The contributions can be sent to our Treasurer Maria Marzullo at 9801 East Bexhill Drive, Kensington, MD 20895 or to the Rock Creek Hills Citizens Association PayPal account at These funds will be placed in a separate account and expenses for this litigation are not paid from the RCHCA general operating accounts.

In closing, I would like to thank the RCHCA board and our members for the generous support they have provided over the last three years. These have not been easy and I could not have fulfilled my responsibilities without that support. At this point in time I look to move on toward other things. For example, I serve on the board of the Montgomery Parks Foundation and am looking forward to helping its fundraising efforts for the expansion of the Josiah Henson Park historical site on Old Georgetown Road. I would encourage that anyone interested in helping with this significant matter of African-American and local history to contact me at 240-997-4447.

Hope to see you at the meeting,

John M. Robinson


Annual RCHCA Meeting Notice: Thursday, Feb 27, 2014 @ 7:30 pm

By | From the RCHCA Officers, Meetings, RCHCA Biz

Dear Members,

The RCHCA annual meeting will be held Thursday, February 27, at 7:30 at Grace Episcopal Day School, 9411 Connecticut Avenue, in the multi-purpose room. This is an important meeting for two reasons. First, your board will present a new slate of officers, including Jim Pekar for president, Vince DeCain for vice-president, Maria Marzullo, incumbent treasurer, and Ken Sanford, incumbent secretary. The board is not wedded to this slate and welcomes any additional suggestions. Other nominations may be made at the meeting, but earlier notice would be helpful. As the ex-president John Robinson will continue to serve on the board and will be primarily responsible for any legal or regulatory matters.

Second, the meeting will address what community activities the members wishes to pursue and other matters of community wide concern. For example, do we wish to improve our landscaping and we expand or enhance our present social activities such as the Mother’s Day and Halloween Festivals? If so, who will staff them? We should appoint a committee for a new directory as the current one is outdated. There are also numerous things going on around us such as transportation improvements and the expanded development of Kensington, Chevy Chase Lake, NIH, and Wheaton. The updated zoning code now before the Council has important implications for our community and the covenants that sustain its character. For example, there is likely to be increased pressure for subdividing the existing lots, which requires prior approval under the covenants, continued pressure for home based businesses that exceed the minimal levels permitted under the County zoning ordinance, and the possibility of increased traffic and sidewalks. There will be an update on the current school situation, but it is time to spend more of our time and administrative resources on these other long term concerns affecting Rock Creek Hills’ future. For this reason I urge you to remain involved and to volunteer to define and to advance those concerns.

A more extensive message will follow about two weeks before the meeting to provide you with updated details on these and other matters.

Sincerely yours,

John M. Robinson

RCHCA October 2013 Electronic Newsletter

By | From the RCHCA Officers, Meetings, Newsletters, RCHCA Biz, Social Events

Dear Members,

This is the electronic newsletter for the fall meeting and the third quarter of 2013. The principal items are an update on covenant matters, the status of matters related to Rock Creek Hills Local Park and its immediate future, our financial situation, and a number of neighborhood activities, including a presentation by the Village. The RCHCA fall meeting will be held Thursday, October 10, 2013, at 7:30 p.m. at Grace Episcopal Day School, 9411 Connecticut Avenue, in the multi-purpose room.

We will update the directory next year and if you are a new resident please provide your name, address, and telephone number (optional) to Landis Fisher at Contact John Robinson at if you would like to help.

2013 Halloween Parade and Picnic

The 2013 Halloween Parade and Picnic will be held on Sunday, October 27, between 12 noon and 3. We will assemble in the parking lot of Rock Creek Hills Local Park and parade to the Statlands’ house at 3500 Saul Road. Our thanks to Marilyn Emery for arranging this annual event and to Sam and Ann Statland for making their lot available.


The RCHCA Executive Committee has made significant progress on covenants matters. With three small historical exceptions, all fence and accessory structure issues previously called to its attention have been resolved. At this point there are no home based businesses that the Committee is aware of that have employees or have customers or clients regularly coming to a Rock Creek Hills residence. Residences are reminded that only single family houses are permitted in Rock Creek Hills and that all fences and exterior improvements to a house or ancillary structures require the Board’s approval.

The Executive Committee will continue to monitor the proposals now before the County Council that would modify the County zoning code in several regards. In addition to the accessory apartment issue, these include home based professional services and the keeping of animals other than the more conventional pets such as cats and dogs.

The Executive Committee has received several anonymous calls or complaints regarding possible violations of the Rock Creek Hills covenants. The Committee will not act on such calls. First, we believe that homeowners are entitled to know the source of any dissatisfaction if it becomes necessary to begin an enforcement action. Second, such an action is possible only if there is supporting testimony by the immediately adjoining and opposing neighbors. We will keep the source of any concerns confidential during an initial investigation to minimize conflict and to facilitate informal resolutions. If there is merit to the concern and it is resolved informally, all information will remain confidential.

Vince DeCain remains our lead covenant officer for approval of plans that are subject to the covenants and contact point for concerns. His email address is

Rock Creek Hills Local Park Update

The Board of Education has begun its preliminary design review for the proposed middle school to be constructed on Rock Creek Hills Local Park. The meeting schedule and locations were previously circulated on RCHCAnet and will be posted on the website. The next meeting is September 25 at 7:00 at North Chevy Chase Elementary School on Jones Bridge Road. The appellate litigation is in its preliminary phases, having been timely filed with the Court of Special Appeals, the first tier appellate court. We have prepared a digest of the record and reached agreement among the parties on the exhibits to be used during briefing. The Court of Special Appeals has not provided a briefing schedule. That Court normally takes one and a half to two years to act after the trial court issues its final decision, which was on May 8, 2013.

Financial Information

The general operating fund has been separately maintained as a reserve for such matters as the maintenance of the RCHCA covenants, meetings, minor regulatory and tax expenses, and community activities. As of September 17, 2013 our general checking and savings totaled $19,736. Ordinary operating expenses for 2013 so far have been $3,392 against ordinary income of $8,250. The Rock Creek Hills Local Park litigation fund has a balance as of September 15 of $1300 and payment due counsel of $2550. An updated report will be provided by Maria Marzullo, our new treasurer, at the meeting. The Board requests that you renew, or join, our membership. The annual dues of $40 per household will be used only for the general community activities mentioned above. Please mail your dues to Maria Marzullo, 9801 East Bexhill Drive, Kensington, MD 20895.

Finally, please give some thought to a new RCHCA president in 2014. I have served for three years and some new blood should take over. I hope you will attend the meeting.

John M. Robinson
President, RCHCA