Evening star., 1949-12-14
Council Extends
Business Zone
In Silver Spring
3 Lots RecIossified
East of Fenton St.;
Other Request Denied

The Montgomery County coun-
Gil has approved extension OF
commercial zoning east OF Fenton
street in Silver Spring, thus
preaching the eastern boundary
of the community's business dis
trict.
BY a 4-to-3 vote. the Council
yesterday granted a petition by
Phil D. Poston for commercial
reclassification of three residen.
tial A lots on the north side Of
Ellsworth drive between Fenton
and Cedar streets.
At the same time. the county
heads rejected a similar appli-
cation by Claud Livingston. jr..
for five adjacent lots.
In other business, the Council:
/. Was requested by the County
Housing Authority. of which E.
Brooke Lee is chairman, to take
over from the Federal Public
Housing Administration the own
ership of veterans housing units
in the Silver Spring and Takoma
Park areas.
2. Approved the appointment
by County Manager Irving G.
McNayr of Roger A. Prestwood,
Chevy Chase, as rights of way
agent at an annual salary Of
5000.
Denies Application.
3. Denied an application by
Jules D. and Frida Sheer and
Henry L. Wolfson for the reclassi-
f1cation from residential A to
apartment house use of 2Ez acres
on the north side of Battery lane
near Glenbrook parkway, Be-
thesda.
In approving Mr.. Poston's peti-
ton, majority of the sever-
member council recalled that both
his and Mr.. Livingston's applica-
tions had been denied by the
former county commissioners In
December, 1947. At that time.
the eight lots were involved in an
attempt to expand the Silver
Spring business district north and
east of the Hecht Co. store at
Fenton street and Ellsworth drive.
Opponents of the move. who de-
scribed their fight as the battle
Of the bulge" claimed that ap-
proval of the petitions would re-
duce the value of homes in the
area and might result in the ex-
tension of commercial zoning as
far east as Sligo Creek parkway.
b. In yesterdays majority opinion.
however, the council said Mr.. Pos
tons application should be granted
because it is a logical and rea-
sonable extension to existing COM
mercial zoning and to the Silver
Spring zoning plan"
i 1T seems, to u.s." the opinion
STATED, : that it sSuld be unrea-
|sonable to deny this application
when it is realized that this prop
erty is located alongside CONNER
cial property, Is across the street
from a large public parking lot
and is only 1876 feet from the
Hecht Co. store -"
Three Dissents Heard.
A dissenting opinion was filed
by Council President Frederic p.
Lee. Mrs. Dorothy Himstead and
P. G. Ligon.
They maintained the council
should not revise the Silver Spring
zoning plan, which was drafted
by the Maryland-National Capital
Park and Planning Commission.
by "piece-meal isolated action that
does not view the problem as a
whole"
The action denying Mr.. Liv-
ingston's petition was taken by q
unanimous vote.
The Housing Authority chair
man, in presenting his agency's
request, said the Government in
tends to demolish the 1919 living
units in Sligo Creek Park and
Linden and dispose, Of so trailers
at the Washington Missionary
College, Takoma Park, by Janu-
ary /, 1851, unless control passes
to the county.
He told the council the county
would get between $4,000 and
$4,000 a year from the housing
units. Rentals range from $3.50
to $36 a month, he said.
If the county takes over, he ex-
planned, the housing units and
trailers could remain in place as
long as the council believes there
is housing emergency.
The council deferred action
pending study by Mr.. McNayr
and County Attorney David Mac
donald.
Mr.. Prestwood, 38, has operated
his own law Office in the District
since February, 1948. He is a
former Navy commander.
The council also reappointed
Mrs. Edith A. Dinwoody to the
County Personnel Board for q
three-year term expiring Deem
ber 81, 1852.