Evening star., 1941-02-19
Local Building
Acts Questioned
In Montgomery
Board Weighing
Conflict in Lows
Of Special Areas
BY a Staff Correspondent of The Star.

BY a Staff Correspondent OF The Star.
ROCKVILLE, Md. Feb. 19-The
question of whether they will be in
fluenced in approving county build
ing permits bv the regulations pro-
mulgated by the building inspectors
in the special taxing areas. today
was being given consideration by
members of the Montgomery County
Board of Commissioners.
The issue centers around an appli-
cation for a permit to construct a
store, the second floor of which
would contain apartment units. at
Brookville road and Turner street in
Martins Addition to Chevy Chase.
Tia application was made at the
meeting of the commissioners yes
terday by ATTORNEY F. Bernard Welsh
in behalf of Wilbur E Evans
Mr.. Welsh told the board his client
has complied with all county build
ing regulations in making the ap-
plication. The project has the ap-
proval of the Maryland-National
Capital Park and Planning Commits
sion and has the assurance Of the
county building inspector that 1t
does not violate the zoning classifi-
cation now established at the site, u
he said.
Building Permit Refused.
County Building Inspector Jack
son has declined to issue a permit,
Mr.. Welch announced, because of
policy by the county of first de-
terming whether the regulations
adopted by the special taxing areas
are in conflict with contemplated
construction.
Attorney James Hayden, repre-
senting the Citizens Committee of
Martins Addition, argued the Code
of Public Law authorizes the
citizens committee to adopt build
ing regulations and that in the
Chevy Chase area, apartment units
have been prohibited by local regu-
lation.
President Thomas Earl Hampton
said he would like to have until
next week to investigate the entire
situation and the commissioners de-
ferred action.
The board agreed to a settlement
of an ownership controversy with
Walter K. Bachrach of Edgemoore
involving sidewalks at triangular
piece of property at Old Georgetown
road and Edgemoore lane in Be-
thesda. Mr.. Bachrach once roped
off the sidewalk around his property
forcing pedestrians to pass in the
streets, until a conference with
county officials obtained his agree
ment to remove the barriers.
The commissioners were told b!
Board Counsel Joseph A. Cantre
that after a conference with Mr.
Bachrach county representative:
agreed to rebate this years taxe'
paid on the sidewalk areas and t
make these areas public property
and, therefore, taX-eXempt in the
future.
Loss of Revenue FOreseen.
The commissioners authorized thu
county engineer to measure the side.
walk areas to determine the amount
Of the rebate.
The effect of this policy, observer!
believe, will be that other property
owners along the two roads whC
have in the past paid taxes on ada.
cent sidewalks will apply for ta1
rebates and exemptions in the fu'
ture No estimate of the revenue
thus lost was obtainable.
In an effort to remove the posi-.
bility of higher fire insurance rate!
for residents in and near Bethesda
the commissioners yesterday in
Structed counsel to prepare an ordi
nance to authorize the chief of tn,
paid fire department to be in auth
orized command at all fires. Tht
action was taken following an
nouncement by the Middle Depart.
ment Rating Association, which set
fire insurance rates, that the presen
conflict of authority between tn,
paid and volunteer departments il
Bethesda should be solved.
Allison Chaplin of Rockville wa!
appointed clerk to the county police
chief to replace Arthur Burks, whit
entered the Army
The commissioners postponed ap'
pointment of two new policemen.