Evening star., 1950-10-11
CountyCounci|.
President Hits
zoning Failure
Cites Absence of
Master Lund Use
Plan for Area

FIOn TOT Area
The Maryland National Capital
Park and Planning Commission
today was confronted with sharp
criticism from Montgomery
County official over it's alleged
failure to draft zoning plans for
the entire area under its juris-
diction.
The attack was made yesterday
by Frederic P. Lee, County Coun-
Gil president. after the county
heads denied a petition by Charles
Lee Cooley, jr.. for commercial
reclassif1cation of one and one
half acres now zoned residential
A at Macarthur boulevard and
the Great Falls-Potomac road.
In other business, the council
granted four applications for
exemption from the county's road
code. approved a $4,000 appro-
priation for remodeling the Be-
thesda County Building and re-
ferred to its attorneys a proposal
by Franklin T. Miles, Chevy Chase
lawyer, for adoption of an ordi-
nance prohibiting Communists in
the county.
Parking Limits Set.
At the same time, County Man
ager Irving G. McNayr reported
he has set a three-hour parking
limit, effective Monday, on four of
the seven public parking lots in
Silver Spring. The limit will con-
tlnue until after Christmas.
IN turning down Mr.. Cooley's
coming petition, the council
pointed out the planning commits
mission has not adopted a master
land Use plan for the area.
AS a result, the council con.
tended, approval of the applica-
ton would be a clear case of
piecelneal zoning and of spot
zoning."
We believe" the opinion stated.
that such piecemeal spot zoning
would be illegal and beyond the
power Of the County Council when
carried on in the absence of such
a plan"
Mr.. Lee complained that the
commissions failure to draft
master zoning plan for the area
has the effect of putting the
council in the planning business,
task fer which we are unprepared
and haze no special training"
Dissent Filed.
He saio that, although the
commission opposed the applica-
ton. such a stand docs not con-
stitute adoption of a plan within
the meaning of the Maryland
Washington Regional District
Act"
A dissenting opinion was filed
by Councilman Thomas c. Kelley.
who contended each zoning appli-
cation should be treated on its
merits and should not be denied
merely because the land involved
is not contained in a master zon-
ing plall. Such a practice. he said.
is an arbitrary and unreasonable
use of the coming authority"
When informed of Mr.. Lees re-
marks, Blair Lee, III, vice chair
man of the planning commission.
said his agency is concentrating
on a revision of the county's zon-
ing ordinance.
"We are determined to put first
things first" he declared. ut is
essential that We complete our
work on the zoning ordinance as
soon as possible because it is
totally inadequate in many re-
spects. Apparently, the council
president fails to appreciate what
a tremendous job that is"
Sees Waste of Time.
He added it would be a waste
of time to turn out plans based
on the old zoning ordinance be-
cause they would be obsolete when
the new one is adopted"
The council received a letter
from DR.. Robert H. Riley, State
health director, in which he said
he "lookS with favor on fluorina-
ton of water if there is sufficient
demand by the public and by med
ical and dental groups"
DR.. Riley had been asked to ex-
press an opinion on placing f1uo-
rine in the county's water supply
to combat tooth decay.
James S. Lanigan submitted his
resignation as assistant county at
torney to join the staff of w.
Averill Hartman, foreign affairs
adviser to President Truman.
The four Silver Spring lots on
which parking will be limited to
three hours are located at Ellis
worth drive and Fenton street,
Fenton street between Thayer and
Silver Spring avenues and between
Silver Spring and Sligo avenues
and the lot on Ward place.
To Hire Enforcers.
Mr.. McNayr said at least seven
parking lot attendants will be en-
ployed to enforce the time limit.
Each will receive 5000 a month.
forms are available at
the county personnel office. Rock
vile Courthouse, and at the Silver
Spring and Bethesda County
Buildings.
A hearing was set for 4:30 pm.
October "a in the courthouse on
a proposal for paving. curbs and
cutters and sidewalks on st. Mar
garet's Way between Plyers Mill
road and Kimberly street, Silver
Spring. Cost was estimated at
$31, ,789.
Mrs. Gertrude B. Overman, 9609
Hastings drive, Silver Spring, was
a police patrolwoman
to guard the school crossing at