Evening star., 1941-07-09
Civic Leaders Protest
Rezoning Of Lots
On Georgia Avenue
Bourd President and
Federation Head Clash at
Silver Spring Hearing

Protests against rezoning four lots
on Georgia avenue within two
blocks of the Silver Spring traffic
light to permit construction Of
apartments were offered at a hear
ing by the Montgomery County
Board of Commissioners in the Sill
yer Spring dispensary building.
The hearing was enlivened by
clash between Joseph B. Matre,
president of the Montgomery Coun-
ty Civic Federation, and Board
President Thomas E. Hampton over
the moral character of apartment
residents. Mr.. Hampton raped for
order when Mr.. Matre declared
during his remarks opposing the
petition that the children OF apart
ment residents would "ravage" the
single family dwellings in the
neighborhood like locustS" and
that the recent murders in Wash
ington involved apartment-house
dwellers.
Dismissal Refused.
The lots in question extend from
" " Iidb 10 i4O" SoAAASA OAA
street on the north side of Georgia
avenue, part of the John c. Wilson
estate. Samuel Horne. president OF
the Woodside Park Citizens Asso-
citation. moved for dismissal of the
hearing on the ground the adver-
tisement specified High street. Cam
eron streets old name, which still
appears on the land records. The
board. which had dismissed an
earlier hearing because OF an i'm
proper description. ruled the differ
ence in street names was not suftl-
cient to warrant dismissal and Or
dered the proceedings to continue.
Mr.. Horne said residents of nearby
Woodside Park objected on the
ground the application was not in
accordance with a co-ordinated plan
for the area and said the demand
for apartments came not from resi-
dents of the county but from real
estate operators interested in de-
veloping properties whether or not
the neighborhood was injured.
Allan H. Gardner, representing
the Rezoning Committee of the civic
federation. asked the board men,
bers several questions in an effort
to obtain what he described as a
declaration of policy on zoning
questions. Mr. Gardner explained
that much time was taken up use
lessly at zoning hearings because
opponents did not know what kind
of evidence to present.
Question of Burden of Proof.
Is the burden of proof, he asked,
on the applicant to show that the
rezoning would benefit the neigh
borhood or on the opponent to show
a reclassification would injure the
nearby area property values? He
also asked what was the criterion
for rezoning changes on which the
board based its decisions and
whether or not the board could act
without any evidence being pre-
sented by the applicant He also
asked whether the board would be
willing to await completion of the
new master zoning plan for the
county which is to begin soon.
Mr.. Hampton explained the law
merely provides that the commits
sioners, sitting as district council,
act on zoning petitions after a hear
ing, and does not set forth any
rules regarding burden of proof, as
in court of law The law does not
make and the board has not adopted
any hard and fast criterion or rules
of evidence, but has followed a pol
icy of hearing any and all views.
He said he could not say when the
board would decide to act on the
application.
Declares Lots Suitable.
James W. Gill, appearing for the
applicant, said the lots are in an
area shown on the current master
zoning map of the county as suit
able for apartment house use and
are within a short distance of the
commercial area adjoining the in
tersection of Georgia avenue and
the ColeSville pike. Their proximity
to the business section of Silver
Spring makes them unsuited for
single family dwellings and con-
struction of apartments on Georgia
avenue would not affect the values
of the Woodside subdivision, which
lies between Georgia avenue and
Colesville pike, he said
The board took under advisement
the Gill application and two others,
one by P. Blair Lee for rezoning
of a tract on Eastern avenue and
another by Roger J. Whiteford for
a group of lots in E. Brooke Lees
subdivision.