Evening star., 1954-05-18
Bill on zoning
Hit at Hearing
In Montgomery
Two Other Measures
Strongly AssoiIed at
Rockville Hearing

Rockville Hearing
Three bills, including one to
transfer Zoning decisions from
the Montgomery County Council
to an appointive board, drew
sharp criticism last night at
public hearings held at the new
County Building in Rockville.
Some 40 persons turned out
as the council sought reaction
to II Of the 81 bills introduced
so far in the May legislative
session.
The main objections were
voiced on the bill that would
transfer coming authority from
the elected council to its ap-
pointed board of appeals. AS
the bill was read last night its
sponsor. George F. Nesbitt. said
he would withdraw it If there
cannot be written into it pro-
visions for appeals Of the boards
action to the county council.
Time Held Factor.
During last nights hearing Mr..
Nesbitt heard no real support for
the measure which William L.
Slayton and Lawrence M. Fish
er, charter-committee indorsed
Democratic candidates for the
council, said violates the basic
principle of maintaining reSpon-
sibility and authority in the
hands of the elected representa-
tives." Council President Harold
F. Hammond said the bill had
been introduced because the cur
rent council felt the time being
given zoning was causing council
to shirk its duties in other fields.
Mrs. Helena Derryberry, rep
resenting the charter committee,
opposed the measure on grounds
it would create another appoint
i've agency adding to the over
tapping of authority and divided
responsibility.
Warren Browning, chairman
of the Democratic State Central
Committee, said the committee
was opposed to the bill but he
felt some compromise could be
worked out that would cut the
time the council devotes to zon-
ing.
Mrs. Derryberry and Mr.. Slay-
ton suggested the Maryland Ma
tional Capital Park and Plan
ming Commission hold the ini-
tial hearings and then submit
the records to the county coun-
Gil for its action.
Employe Ban Attacked.
A bill to bar county employees
and council-appointed board
members from appearing before
the council or other county
boards except in their official
capacity or representing them
selves also drew sharp protest.
The attack on the measure
was led by Thomas C.. Kelley.
chairman of the Upper Mont
gomery Planning Commission.
and William Robinson. chairman
of the safety board. Both agreed
the measure If passed would
force a number of unpaid ap-
pointeeS ITO resign.
Mr.. Kelley said there were
1913 members Of boards and COM
mittees, many of whom would
have to quit. Mr.. Robinson
added several members Of his
board feel they would resign
rather than risk being gagged If
a matter Of interest to their
neighborhood came up before
another agency.
Road Measure Assailed.
A third measure which was
scored from several quarters
would spell out in the road code
a complete ban on private main
tenance of roads in tthe county.
The chief attack came from
attorneys for Marvin Simmons.
who has been blocked from
maintaining roads in the Glen
Hills subdivision which have not
been accepted for maintenance
by the county.
Mr.. Browning scored the bill
as grossly unfair and said that
if a homeowner wanted to repair
a hole in front of his house he
could not do so unless ne agreed
to pave the road to the nearest
county-accepted street.
Possible Conflict Seen.
Mr.. Browning added that the
county would be unable to bor-
row all the money needed for
front-foot assessment projects
to bring roads up to acceptable
standards.
Andrew Starratt, jr., a Rock
vile attorney, said the bill would
put the county in the position
Of having one law setting a $25
maximum fine for failure to
clean mud of a road and an
other one saying that a 500
fine can be imposed If the road
is scraped.
Mr.. Hammond said the bill
was aimed at improving the
county's road system. The meas
ure in effect would force resi-
dents and developers into con-
roads under the strict
standards Of the road code.
Thomas G. Oyster, a street en-
cheering consultant. suggested
that less rigid standards be
adopted for the rural subdivi-
sion.