Evening star., 1951-11-07
Site
Near Rockville
Wins Approval
Council Also Votes
To Assess Owners
On New Sidewalks

Councils approval, but only by a
4-to-3 decision.
After acting on that controver-
sial question yesterday, the coun~
Gil united another knotty one by
agreeing to assess residential prop
erty owners along Georgia avenue
between Colesville road and Glen
mont for IA per cent of the cost Of
sidewalks. The vote on this also
was 4 to 3.
Owners Of properties zoned or
recommended for commercial or
industrial use will have to pay the
full cost of sidewalks in front Of
their land.
Building Code Hearing Set.
In third major item of busi-
ness, the county heads advertised
public hearing at 8 pm, Deem
ber 6. in the Silver Spring Liquor
Dispensary Building on their pro-
posal to amend the county's new
building code.
The council proposes to repeal
those sections which set up five
member Board of Standards and.
Appeals. This board and a similar
one for Prince Georges County
were appointed by the Maryland
National Capital Park and Plan
ming Commission when it ap-
proved the code last night.
Voting to grant the North
Washington Cemetery Associa-
tion's application for a permit
were Council President j. Louis
Monarch. and council members
Harold Hammond. Mrs. Kathryn
Lawlor and Lathrop Smith.
Opposed were George Nesbitt.
Mrs. Stella Werner and Grover
Walker.
Located On "a Acres.
The cemetery will be located on
IA acres of the 409-acre wilkins
tract, which is bounded by Viers'
Mill road, Randolph road, the
Rockville pike and Halpine road.
An interested spectator during
the councils proceedings was
James r. Miller, attorney for a
group of nearby residents who
have vigorously opposed the prof.
.ect. He refused comment after
ward, saying only he planned to
confer with his clients. -
Mrs. Lawlor contended there Ia
no legal ground on which the ap-
plication could be denied.
Il feel the property rights Of
people should be protected" she
asserted. '"They should be able
to use their property as they wish,
provided such use does not harm
the public health, welfare and
safety"
Rights f-Way Agreement.
Mr.. Hammond pointed out the
application contains an agree
ment to provide rights-of-Way
for sewage facilities to houses to
be built on the rest of the prop
erty.
If any homes are affected by
this cemetery" he said, they
will be homes yet to be built and
these home owners will be going
in with their eyes OPEN"
From Mr.. Smith came the
statement that the site is an "ex-
cellent" one for a cemetery.
| He brushed aside the oppo-
nents' argument that a cemetery
would depreciate the values Of
their homes, and added:
When we tried to press them
for facts on that claim. they had
difficulty supporting their state
ment."
Doubts Action Legal.
Mrs. Werner expressed doubt
whether the majority's action was
legal because it was not on the
original application, which sought
a permit for 100 acres.
She also insisted the council
had no guarantee sewer lines
would be no tombstones, and that
there would be proper drainage of
graves.
Mr.. Nesbitt asked for delay
pending recommendations from
the Upper Montgomery and Mary
land-National Capital Park and
Planning Commissions concerning
proper locations of cemeteries in
the county. And Mr.. Walker said
he opposed putting cemeteries On
a commercial basis.
Before the council agreed on ths
IA per cent assessment for Georgia
avenue sidewalks, Mr.. Hammond.
Mrs. Lawlor and Mrs. Werner tried
valnly to cut that figure in half.
Mr.. Hammond argued the side
walks also would benefit persons
other than those living adjacent
to Georgia avenue. He was SUD-
ported by Mrs. Lawlor, who con-
tends sidewalks would reduce ad-
jacent property values.
Other Actions Taken.
In other business, the council
voted to hold a hearing at 4:3O
pm, November 20, in the Rock
vile Courthouse on the Kensing-
ton Volunteer Fire Departments
proposal to buy land at Georgia
avenue and the Glenmont- Coles
vile road as a site for a sub
station.
The council approved two re-
zoning applications and denied a
third. Those granted were:
Lewis F. Hobbs. for the reclassi-
f1cation from residential A to COM
mercial d of land at Colesville
road and Eldrid drive, near the
Meadwood subdivision.
Malcolm E. r. and Dorothy H.
Craig, from residential A to COM
mercial D of property on the south
side OF Ward place. near Georgia
avenue, Silver Spring.
Denied was the application by
Clyde Mobley, for the reclassifca-
ton from residential A to COM
mercial D of 2 acres bounded by
Randolph road. Old Georgetown
road and the Rockville pike.
Rnznnr nf EnIte Thureh