Evening star., 1962-11-27
CountyCounciI Kills.
Open-Spaees Zone
Final Defeat Hits
Liberal Fuction
In 4-3 Vote

The controversial open spaces
zone in Montgomery County,
which would have created a
5-acre minimum lot size In
much of the upper county, to-
day was killed by the Mont
gomery County Council.
The 4-to-3 vote came at the
last meeting for five of the
seven member council, who will
be replaced next week by newly
elected Republicans.
The vote was a final defeat
for the so-called liberal faction
Of the council as members
Stella B. Werner, Stanley B.
Frosh and David L. Cahoon
formed the unsuccessful MI
nority.
Favoring the elimination Of
the five-acre zone were Grover
Walker and Jerry Williams, up
county councilmen who were
the only two successful Demo-
cratic candidates for re-elec-
ton; Joe M. Kyle who did not
run for office; and william F.
Hickey. who also was not on
the ballot.
Cabin John Plea Beaten
Later, by a So vote, the
council denied rezoning that
would have allowed erection of
high-rise apartments on a IL
acre tract in Cabin John over
looking the Potomac.
The councilmen, however,
stressed that denial of the
petition was not based on the
controversial Merrywood case
in Virginia. They said their
objections to the request of
Milton Polinger for the re-
coming was that it would place
apartments in the middle of a
residential area.
Councilman Walker and
Hickey voted for the proposal.
Mr.. Hickey said the So million
project would improve the
Macarthur boulevard area and
would not hinder the scenic
value Of the Potomac.
Mr.. Kyle, who made the mo-
, ton to deny the open spaces
/ zone proposed by the Maryland
! National Capital Park and
Planning Commission staff, de-
clared that he regarded tht
proposal as improper inter.
e ference with the development
# of private property"
e 1T appears to me that tn,
: effect Of the proposal is to den,
c practical use of large parts O
the county, Mr.. Kyle added
1T contemplates agricultural
: uses even though farmers are
finding that it is becoming eco
nomically impossible to operate
farms.
"The council has approved
the corridor concept of develop
ing the county and has taken
steps to retain open spaces
between the corridors, but I
think this proposal goes too far
in interfering with the develop
ment of private property"
Mr.. Frosh maintained that
"it would be premature and
prejudicial" to deny the open
spaces zone before public hear
ings are held on a proposed
general plan for the county.
Withdrawal DisalIowed
He and Mrs. Werner recon-
mended that the coming pro-
poSal should be be withdrawn
without prejudice to permit re-
consideration by the incoming
council. Their motion also was
defeated by a 4-to-3 vote.
Commented Mr.. Cahoon: "It
was never anticipated that this
should be a subdivision zone
because many other land uses
would be permitted. I hope
that John Floyd (newly elected
Republican councilman): who
apparently is going to have
leadership In the next council.
will use that leadership to work
out the orderly DEVELOPMENT of
500 square miles of this county"
Mr.. Hickey said:
Creation Of a five-acre mini
mum is close to taking an emf
nent domain in dealing with
someone's property. I don't
think we have to 60 to this
degree and affect individual
interests which are a part of
the basic rights in our govern
ment.
I agree with Mr.. Walker,
there is nothing vital about it,
ana such coming can be accom-
plished in the future, if it is
needed. with more reasonable
proposals"