Evening star., 1951-09-26
Second Hearing
Set for Oct. 9
On Cemetery
Montgomery Council
Refuses to Rescind
Zoning Change

Zoninq Nnon9e
A second hearing will be held on
October 9 on a hotly disputed zon-
ing application to put new eeme-
terry on the Wilkins estate at Mont
rose, between the Rockville pike
and Viers Mill road. in suburban
Montgomery County.
The County Council yesterday
granted the new hearing, to be
held at $50 pm. in Rockville, after
receiving petition signed by some
1850 persons, who said they op-
posed the proposed cemetery.
The petition also objected to a
zoning law amendment. adopted
by the council last week. which
permits cemeteries in residential
zones, if certain requirements are
met. The council. however, de-
clined to rescind its decision, and
the amendment stands.
The amendment had been asked
in a separate petition by the same
group proposing to build the new
cemetery - North Washington
Cemetery, Inc, of zoos Bonifant
street, Silver Spring.
Councilman Harold Hammond
said he believes those who signed
the petition are concerned more
about the specific permit applica-
ton for the Montrose Cemetery
than the amendment itself.
Sees Stampeding.
Councilman George Nesbitt told
a reporter it is his feeling that
many of the petition signers were
"stampeded.' He said many of
them were under the impression
that the newly adopted coming
amendment allows any person to
start a cemetery anywhere with
out consulting anybody.
Council President j. Louis Mon
arch said the new amendment is
in no way IAN automatic approval
of any cemetery site" It permits
cemeteries in residential zones, he
added, provided that certain re-
quirements are met and Council
approval is obtained, after refer
ence to the appropriate planning
agency.
Attorney James r. Miller, who
presented the petition, along with
35 signers, emphasized to the
council the feeling of the resi-
dents that they had not been ade-
quately forewarned of the ceme-
terry applications.
The first hearing on North
Washington Cemetery's two ap-
pllcations, one to amend the zon-
ing laws and the other to permit
the Montrose cemetery specifically
was held on August 13.
Not Properly Advertised.
It was discovered afterward,
however, that the hearing on the
zoning amendment application
had not been advertised. The
hearing, on the coming amend
ment only, was then readvertised
and held again on September II.
Mr.. Monarch said that. despite
the improper advertisement, the
first hearing was well attended,
and so was the September hear
ing.
One of the cemetery opponents,
Raleigh M. Dawson, of CLIO Tilden
lane, Bethesda, president of the
Lux Manor Citizens Association,
said he had not seen any rezoning
signs around the site of the pro-
posed cemetery.
Council members replied that
signs are posted and adjacent
property owners are notified by
mail on all rezoning applications
but neither of the cemetery groups
applications involved question OF
rezoning.
States Attorney Walter w
Dawson has been representing the
cemetery, assisted by Assistant
States Attorney j. Hodge Smith
and Mr.. Smiths law partner
Thomas C. Kelley.
In answer to a reporters ques-
ton, Walter Dawson said the
North Washington Cemetery
group was incorporated for the
express purpose of establishing the
Montrose cemetery.
On the groups applications
Samuel L. Gum, 804 Thayer ave-
nue., Silver Spring, is listed as
president.
At his home last night, Mr..
Gum said 'it may sound funny
but he doesn't know any of the
other officers of the corporation.
He described himself as a retired
machiniSt.
George j. Moss, Silver Spring
developer, said he is an officer of
the group.
Mr.. Gum said the group was in
corporated in Baltimore about
four months ago.
During the hearings Walter
Dawson said the proposed GENE.
terry would be located in tie mid
die so acres of the 409-acre Will
kins estate.
The cemetery would be of tht
monument park type, according
to Mr.. Dawson.
In a majority opinion released
yesterday the Council stated it!
belief that provision must be mad,
for cemeteries in the regional dis.
trict to serve the requirements
of suburban Montgomery County
residents.
Permanence Factor.
Noting the park and planning
commissions opposition to both O
the cemetery groups applications
the majority statement said tn,
clause in the adopted amendmen
making "nr0UiSinn fnr rafornnn,