Costco Gas On The Ropes

After a four year battle, it appears that a grassroots coalition of civic activists, homeowners, and environmental organizations concerned about quality of life issues has Costco on the ropes in the politically-connected corporation's determined effort to force a mega gas station into Montgomery County's Wheaton Urban District.

Kensington Heights, the community that borders Westfield Mall in Wheaton, sacrificed on delivery truck noise, compromised on the traffic, and did not oppose the bulk retailer Costco on the condition that their concerns would be addressed. The community's civic association rolled up their sleeves and prepared to engage in good faith negotiations about pedestrian walkways, forest preservation, responsible stormwater and public safety measures. However, when they learned the company intended to locate the highest volume gas station in the county adjacent to residences, a community pool and a school for disabled children, they balked. When residents attempted to negotiate an alternative location for the mega station, they encountered a corporate attitude that sent a clear message: community concerns were of no interest and Costco intended to construct and operate the gas station no matter the political payoffs and legal wrangling required.

In a surprising turn of events, Costco's arrogance and resulting sloppiness paid dividends. A series of mathematical errors in its air pollution modeling were identified by a civic leader. The corrected numbers indicate that the project would violate EPA's National Ambient Air Quality Standard of 190 micrograms per square meter of nitrogen oxide by emitting up to 388 μg/m3, more than double what is allowed.

On Wednesday, the County Board of Appeals will hear the Motion for Summary Disposition filed by the community's lawyer asking that the gas station application be denied. If the case is decided on the merits, Costco's own numbers now doom its unfriendly bid to add a high volume gas station to this traffic-ridden neighborhood struggling to hold on to its small town feel.  If the community prevails, a David will have delivered a black eye to a Goliath, and Costco may step more carefully the next time it seeks special treatment as it did in this savvy and politically capable neck of the woods.

Board of Appeals takes up Motion for Summary Disposition

Wednesday, September 11th, 2013, 9:30am
Stella B. Werner Council Office Building, 100 Maryland Ave., Rockville - check at 2nd Floor Guard Desk for room number

The Motion to the Board of Appeals was filed because Costco's own expert admitted on the stand to a major mathematical error in his air quality model where he divided when he should have multiplied.  Since the corrected results of Costco's own science are not in dispute, the motion seeks summary judgment of Costco's Special Exception.