Hillmead Divided Over Plan For Land

That probe was conducted by Robert J. Hickey, an auditor for the Maryland-National Capital Park and Planning Commission, the parent agency for the Montgomery County Department of Park and Planning. He found no intentional wrongdoing.

"Our investigation found that while most of the allegations contain factual information, when these facts are placed in the overall development review context, there is no evidence that there has been a deliberate effort to evade the law or break the law by any . . . staff member," the report said.

"Moreover, we conclude that a number of the inadequacies in the development review process that the citizens encountered have been previously identified in a recent management commission independent study as systemic problems that need to be improved."

Kuhn and Stricklett say the internal investigation is incomplete.

"The burden is not on us to prove they are messing up. We should not have to spend money and time to prove there are violations," Stricklett said. "The burden is on them to do it right in the first place. They are the public trustee."

If the property is compelled to meet all regulations it should meet, she said, it should be divided only into two lots. Otherwise, the development will be built on a flood plain and will lead to the destruction of several large trees that county rules protect, she said.

In a 70-page staff report about the case submitted to the Planning Board, staff member Richard Weaver acknowledged deficiencies in the planning agency's initial evaluation of the proposal.

"The previous staff review of this application was deficient in its analysis of the development's impact to and the protection of steep slopes. The previous review also failed to document the existence of a . . . floodplain affecting one of the proposed lots," Weaver said. He said revised plans submitted by Piotrow's team have taken care of those concerns.