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April 16, 1957 to May 13, 1957J At a Special Meeting held in the Supervisors' Room over the Clerk's Office, I on the 16th day of April, 1957. P- R- E- S -E -N -T I C. M. Rosenberger, Chairman; B. 0. Brumback and C. E. Garber. Upon motion of B. 0. Brumback, seconded by C. E. Garber, according to an advertisement published in the Winchester Evening Star that on the 16th day of April, 1957, a public hearing would be held on the Levy as tentatively set for the fiscal year beginning on the 1st day of July, 1957, and ending�on the 30th day of June, 1958, inclusive: there being no tax payers appearing before the Board the Board hereby confirms said Levy as follows: General County Levy on each $100.00 Valuation (18) cents County School Levy on each $100.00 Valuation (192) cents Special Levy for school building on each $100.00 Valuation (60) cents Total Levy on each $100.00 Valuation (270) cents UPON MOTION, DULY SECJNDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN. dPLn CLERK At a Special Meeting of the Board of Supervisors held in the Supervisors' Room,ov r t . Clerk s Office on the 22nd day of April, 1957. o r P- h- E- S -E -N -T 'Qrt C. M. Rosenberger, Chairman; Grover Teets and Charles E. Garber. i CONDEMNATION PROCEEDINGS Upon motion of Grover Teets and seconded by C. E. Garber, the following resolution was passed: WHEREAS, the County of Frederick desires to erect, lay and maintain a sewer line in conjunction and agreement with the City of Winchester, Virginia, near the Southern limits of the said City in the County of Frederick, Virginia, for the purpose of providing the Robinson Memorial School and any inhabitants of the County of Frederick adjacent to said sewer line who may desire to attach thereto with an adequate sewerage system; and, WHEREAS, the Board of Supervisors of the County of Frederick deem it in the public interest to promote the health and welfare of the inhabitants of the County of Frederick -and the school children thereof, and that an adequate sewerage system to so properly serve the said people in the said area heretofore mentioned; and, WHEREAS, the said County, by its Board of Supervisors, has authorized the Commonwealth's Attorney to attempt to purchase the necessary rights, rights -of -way, and easements, ,over a portion of the lands which said sewerage system is to serve and to the school property, by' offering the sum of Ten Cents ($.10) per linear foot for a Twenty Foot (20) wide right of way; WHEREAS, The County of Frederick has been unable to purchase the right (rights, rights -of -way, and easements over a portion of the aforesaid lands, and the Board of ; Supervisors now deem it necessary that said rights, rights -of -way, and easements be obtained by condemnation, Now Therefore This Resolution, RESOLVED 1. That the Board necessary to provide an adequate sewerage School and for the inhabitants adjacent t 2. That the Board deem it a public necessity to acquire for of Supervisors system for the D the proposed of Supervisors the purpose of in its judgment declares that it is inhabitants of the Robinson Memorial sewer line in Frederick County. of the County of Frederick, Virginia, providing said sewerage system, rights 159 rights -of -way, and .easements over and along the lands owned by the persons whose names and addresses are as follows: T. C. Keckley and Letha V. Keckley Paper Mill Road Frederick County, Virginia Warren L. Keller Paper Mill Road Frederick County, Virginia . A. Garland Williams Berryville, Virginia Thomas A. Williams Middletown, Virginia S. Bertha Williams Millwood Pike Frederick County, Virginia 3: That the interest to be acquired is a permanent easement and right of way including the perpetual right to enter upon the real estate hereinafter described at any time that said City, its representatives, employees or assigns may see fit, and construct, main- tain and repair underground pipelines and /or mains for the purpose of carrying sewer, water or wate products, over, across, through and under thelands hereinafter described, together with the right to excavate and refill ditches and /or trenches for the location of said pipelines and /or mains and the further right to move trees, bushes, undergrowth and other obstructions interfering with the location, construction and maintenance of said pipelines and /or mains. .4. That the tracts of land over and through which a twenty (20 ft.) foot ease'! ment and right -of -way is sought to be.condemned are described as follows; TRACT 1- The center line of the 20 ft. right -of -way through the land of T.C. Keckley, said land being located .4 miles South of the South City limits of Winchester, Virginia,) Frederick County, Virginia, and is more/ particularly described by plat and survey of Richard U. Goode, C.L.S., dated December 8, 1956, attached hereto and made a part hereof as Exhibit A., and and a short distance Southwest of Featherbed Lane, and situate in Shawnee Magisterial District, ' I being over and across the lands owned jointly by the aforesaid T. C. Keckley and Letha V. Keckley. TRACT 2- The center line of the 20 ft. right -of -way through the land of W.L. Keller, said land being loc on the East side.of the B. & 0. Railroad about .4 miles South of the South City limits of Winchester, Virginia, and is more particularly described by plat and survey of Richard U. Good, C.L.S., dated December 8, 1956, attached.hereto and made a part hereof' as Exhibit B, and being over and across the lands owned by the aforesaid W. L. Keller. TRACT 3- The center line of the 20 ft. right -of -way through the Williams' land, said land being located on the South side of U. S. Highway No. 50, just East of the City of Winchester, and situate in Shawnee Magisterial District, Frederick County, Virginia, and is more particularly described by plat and survey of Richard U. Goode, C.L.S., dated October 22, 1956, attached hereto and made a part hereof as Exhibit C, and being over and across the lands owned jointly by the aforesaid A. Garland Williams, Thomas A. Williams and S. Bertha Williams. None of the aforesaid plats show a profile because the County will make no permanent fills or cuts, and will build no trestles or bridges on any of said tracts. 5. That the Board of Supervisors of the County of Frederick, Virginia, has made a bona fide ineffectual effort to.acquire said easements and rights -of -way from the owners of said properties, but because of inability to agree upon the price 6r terms the acquisition by purchase cannot be made. 6. That the Board of Supervisors is of the opinion that a public necessity requires the condemnation of the aforesaid parcels of land and inasmuch as negotiations by said X100 County for the purchase of rights, rights -of -way, and easements over and across the above des- cribed parcels of land, have failed, the Commonwealth's Attorney for the County of Frederick I Virginia, is hereby authorized and directed to institute condemnation proceedings in the name of I the County of Frederick, Virginia, for the purpose of acquiring the aforesaid rights, rights -of way, and easements over and across the tracts or parcels of land heretofore mentioned, in accord- ' ance with.the provisions of the statutes of Virginia. I � 7. That the Board of Supervisors does hereby authorize deposited, pursuant to the statutes of Virginia, the lump sum of $159.26, to compensate the owners for the (acquisition of said rights, rights -of -way, and easements, from which sum there shall be paid to the owners of said Tract 1 the sumcdf $55.56 ($27.78 each); to the owner of said Tract 2 the sum of $35.50; and to the.owners of said Tract 3 the sum of $68.20 ($22.73 -1/3 each). UPON MOTION, DULY SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN. i • At the Regular Meeting of the Board of Supervisors of Frederick County, Virginia held in the Supervisors' Room over the Clerk's Office on the 13th day of May, 1957. P- R- E- S -E -N -T C. M. Rosenberger, Chairman; B. 0. Brumback, L. R. Omps, C. E. i Garber and Grover Teets. The minutes of the Regular Meeting held on the 8th day of April, 1957, the Special Meeting held on the 16th day of April, 1957, and the Special lueeting held on i the 22nd day of April, 1957; were read and approved. SCHOOL BUDGET The School Board having presented their amended budget for the year beginning July 1, 1957, and ending on the 30th day of June, 1958; on motion, duly seconded, i I it was unanimously approved as presented. ROAD VIEWERS The road viewers, who were appointed on the 8th day of April, 1957, appeared before the Clerk on the 26th day of April, 1957, and were qualified. After view- ing certain roads, made several reports which said report the Clerk is ordered to file. The viewers recommended that the Stickley road, which is located South of Stephens City, be added to i the Secondary System. ROAD BUDGET - SECONDARY Upon motion, duly seconded, the following resolution was adopted :l I BE IT RESOLVED, that this Board hereby approves the 1957 -58 Tentative Secondary Road Budget for Frederick County, as submitted by C. H. Coffman, Resident Engineer. ,SCHOOL BOARD - SEWERAGE DISPOSAL SYSTEM - STEPHENS CITY Mr. Robert E. Aylor, representing the Frederick County School Board, appeared before the Board of Supervisors and requested that the School Board be permitted to construct a sand - filtration sewage disposal system at the Stephens City Elementary School in order to properly dispose of sewage at this school. He stated that the system would cost approxi -I 1 mately $10 and asked the Supervisors to permit the School Board to use the money above they. 161. i budget estimate to be derived from this year's levy for schools to finance the job. The Board of Supervisors on motion of B. 0. Brumback and seconded by Grover Teets, unanimously granted the request. L. AND M. TRANSPORTiTION SERVICE The Board of Supervisors of Frederick County, Virginia, at its regular May Meeting in their Chambers in Winchester, Virginia, on May 13, 1957, have been advised that Alston R. LaFollette, a resident of Frederick County, Virginia, doing business as L & M Transportation Service, has applied to the Interstate Commerce Commission, the State Corporation Commission of the Commonwealth of Virginia and the Public Service Commission of the State of West Virginia, for' rights to operate a Bus Line between Winchester, Virginia, and Charles Town, West Virginia. The Board of Supervisors having considered the Bus service proposed by the said Alston R. LaFollette, did thereupon adopt the following resolution. Be it Resolved by the Board of Supervisors of Frederick County, Virginia, at the meeting assembled in their chambers in Winchester, Virginia, that they express their approvals of the proposed Bus Route between Winchester, Virginia end Charles Town, West Virginia, to be operated by Alston R. LaFollette, and in view of the convenience to the citizens of Frederick I County, Virginia, that the procurement of the aforesaid rights and operation of the aforesaid service be and the same is hereby approved. ROSS Upon motion, duly seconded, the following resolution was adopted: BE IT RESOLVED, that this Board hereby withdraws all previous recommendations of policy made to the Virginia Department of Highways, in regard to adjustment of fencing along Secondary roads in Shenandoah County. BE IT FURTHER RESOLVED: That this Board recommends to the Department of Highways the adoption of the following policies in regard to the adjustment of fences along Secondary roads in Frederick County; 1. Secondary Federal Aid Projects: Where the alignment of the new construction follows the approximate line of the old road, with only minor changes, the Department of Highways will set back on the new right of way line, the existing fence or will erect new fence in lieu of setting back the existing fence, if the property owner furnished the new materials. Where the alignment is altogether on new location, the Department will erect new fence using locust post spaced 14 feet apart and No. 1047 - 12 inch stay woven wire, furnishing both the posts and the wire. 2. That the above policy be adopted where a present hard surfaced road, having an average daily traffic count of 100 or more vehicles per day is to be widened, using regular state funds, and where the property owners will donate a minimum 40' right of way. _3. Where the Highway Department deems it advisable, instead of setting the old - fence back or erecting new fence in case of new location, the property owner may be paid, if agreeable with him, at a rate per rod not to exceed the estimated cost of doing this work with State Forces. Such payment relieving the Department of any further obligation in regard to fencing. 4. On all other Secondary roads, where there are requests for widening of - other improvements, no work will be attempted unless a minimum 3G1 right of way clear of fences is provided by the property owners. , 162 Z ONED AREA B. - VARIANCE TO CONSTRUCT BUILDING III A PETITION FOR A PERMIT TO ERECT A BUILDING NOT IN CONFORMITY.WITH THE REQUIREMENT OF ZONED AREA B. (1) Your petitioner, the American Telephone and Telegraph Company of Virginia, a corporation organized and existing under the laws of the Commonwealth of Virginia, r being a public service corporation with the right of eminent domain granted to it by the laws of Virginia and in accordance with its charter, does hereby set forth the following facts as mounds for its petition for a permit to erect a building hereinafter described in Zoned Area A., which it believes would not be in conformity with the requirements of Zoned Area B. I (2) Your petitioner is constructing an interstate long distance trans- mitting line for telephonic communication. This line in this particular case runs parallel to U. S. Highway 11, and on the Eastern side thereof. (3) Due to the Type of construction and engineering requirements of this telephonic communications syste-m it is necessary to erect every 5.1 miles along said line certain stations for the maintenance, repair, and operation of said lines and system. (4) That your petitioner finds it necessary and desires to erect a masonry building 12 x 14 feet in size, one story high upon the property to be purchased from J.W. Jolliffe, on the Eastern side of U. S. Highway 11 in Zoned Area B; said building to be unattended will create no noise; will carry no high voltage system or generating equipment. (5) It is believed and so alleged, that this building from time to time may be eplarged to accommodate additiona3 telephonic equipment, but at no time will the building or any additions thereto detract from, injur e, or damage the property rights of any persons situated in Zoned Area B; but on the other hand, wiil be to the best interest of all citizens of this Area as well as of the County. (6) A plat of the property to be purchased by your petitioner from the said Jolliffe is attached hereto and made a part of this petition. Wherefore your petitioner prays that the Board of Supervisors of Freder- ick County, Virginia, will issue a permit to your petitioner granting to it permission to use that '.certain lot or parcel of land as described in said plat in manner and form and for the purposes hereinabove set forth, and that it may be permitted to erect upon said land the aforesaid build- ing and to '.use said building in manner and form and for the purposes hereinabove set forth, and that this permit shall be permanent, and that the Commissioner of Revenue for the County of Frederick, Virginia, be authorized to grant to your petitioner the necessary building permits in order to erect, maintain, and enlarge, as necessary, the said building or buildings as outlined i above. AMERICAN TELEPHONE eND TELEGRAPH COMPANY By George G. Snarr, Jr. Counsel We, the undersigned, do hereby suuscribe to the petition of the American Telephone and Telegraph Company of Virginia for a permit to erect a non - conforming building in Zoned area B. we being residents and property owners in said Area. WILLIE I. McCURKARD WILLIE I. Mc�URKARD JOHN W. JOLL FFE . JOHN W. JOLLIFFE JOHN W. JOLLIFFE LUCY M. JOLLIFFE JAMES A. HaRLEY MARY L. HARLEY T' 163 ZONED AREA B. - VARIANCE Upon motion, duly seconded, the following resolution was adopted: R E S O L U T I O N WHEREAS, The American Telephone and Telegraph Company of Virginia has filed a petition with the Board of Supervisors of Frederick County, Virginia, requesting a permit to use certain land to be purchased from J. W. Jolliffe and erect a build3thg or buildings thereon, all of which to be used not in conformity with the existing ordinance establishing Zoned 'Area B in which the same is situated in Frederick County, Virginia; and, WHEREAS, said petition sets forth that the petitioner desires to erect a building approximately 12 x 14 feet on said land for, the purpose of using and maintaining inter- state transmission lines and other similar uses on behalf of the American Telephone acid Tele- graph Company and its affiliated companies, and that the said building or buildings will be one story in height, unattended, noiseless in use, and not housing high voltage lines or generators, and that the said non - conforming use will not adversly affect the property rights of the land owners in said zoned area. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Frederick County, Virginia, at its regular monthly meeting held May 13th, 1957, that it is the decision i of the Board of Supervisors of Frederick County, Virginia, that the said petition for non- conforming use, for a variance or exception of certain land and buildings be adopted on first and second readings, and be it further resolved that the said petition be referred to the Plan- ning Commission of Frederick County, Virginia, for their consideration after first orderdin'g a public hearing as required by statute, and that they make a report in writing and file the same with the Board of of Frederick County, Virginia, not later than thirty days from the date hereof. Upon motion duly made and seconded said motion was possed and the Clerk directed to send a copy of the petition with this resolution to the said Planning Commission. ZONING ORDINANCE - ENLARGEMENT OF AREA A The following ordinance passed its third and final reading and on motion, duly seconded, it was unanimously adopted. AN ORDINANCE PROVIDING FOR THE AMENDMENT AND ENLARGEMENT OF ZONED AREA " A " OF FREDERICK COUNTY, VIRGINIA, FROM THE INTERSECTION OF ATRRIMANS LANE ANT) U. S. HIGHWAY NO. 50 SOUTHWARD ALONG SAID MERRIMANS LANE TO THE END OF THE STATE MAINTAINED PORTION OF SAID HIGHWAY. WHEREAS, the hereinafter described area of Frederick County, Virginia, has become almost completely residential in use and purpose, and considerable sums of money have been spent on the said residential property, and the said area will continue to grow as a resi- dential development; and, WHEREAS,..it is the desire of the vast majority of the citizens living in bhe hereinafter described area of Frederick County or owing property therein, that their general welfare be protected; and, WHEREAS, in order to maintain the values of the property there existing, and the general welfare of thecitizens in the hereinafter described area, it is necessary that that this area be zoned for residential purposes and agriculture purposes only, with certain exceptions as hereinafter set forth or as hereinafter may be decreed for the general welfare of all the residents and property owners of said area, by the Planning Commission and Board of Supervisors of Frederick County, Virginia; and, NOW, THEREFORE WITNESSETH: All of the following enclosed area as hereinafter described shall be added to Zoned Area "A" of Frederick County, Virginia, and shall be restricted to residential and 164 sgricultural purposes only, with certain exceptions as hereinafter stated: A description of the area added to Zoned Area " A " is as follows: Beginning • I on the South side of U. S. Highway No. 50 at the center of its intersection with Merrimans Lane j and proceeding 17estwardly to the Plestern boundary line of the Mary Catherine Bulter land; thence proceeding Southwardly paralleling Merrimans Lane to the end of the present state maintained portion of Merriman Lane; thence East across merrimans Lane to a point 2000 feet East of the said Lane; thence Northwardly paralleling said Merrimans Lane to the present boundary line of j Zoned Area "A". The aforesaid area shall have the same restrictions as the present Zoned Area "A ", together with all amendments to the original ordinance setting up Zoned Area "A ". Reference is hereby made to the aforesaid ordinance setting up Zoned Area i "A and all amendments thereto for a more particular description of the requirements and penal- ties set forth in said ordinance and amendments, and the said ordinance and amendments thereto shall have the same purport and effect as though specifically set forth herein. This ordinance was duly adopted by the Board of Supervisors of Frederick County, Virginia, at its regular meet - ing�el on the 13th day of ay7.. t 0RDINANCE - "C" _ The following ordinance did not pass its third and final reading at the flay fleeting as advertised: AN ORDINANCE FOR THE 'ZONING OF' AN OF FREDERICK COUNTY DESIGNATED AS ZONED AREA C. EXTENDING FR)M THE, INTERSECTION OF BUFFLICK ROAD DESIGNATED AS VIRGINIA STATE HIGHWAY NO. 645 AND U. S. HIGHWAY 522 TO THE INTLRSECTION OF BUFFLICK RUN AND VIRGINIA STATE HIGHWAY NO. 645 AND INCLUDING AN AREA 1000 FEET WIDE ADJOINING THE NORTH SIDE OF SAID BUFFLICK ROAD AND 1000 FEET WIDE- ADJOIN- THE SOUTH SIDE OF SAID BUFFLICK ROAD FROI U. S. 522 EAST TO THE BUFFLICK RUN IN SHAWNEE DISTRICT, FREDERICK COUNTY, VIRGINIA, AND PROVIDING FOR PENALTY OF VIOLATIONS THEREOF. BILLS PAYABLE Accounts totaling $5729.59 were approved and ordered to be paid from the General County Levy by warrants numbers 17569 to 1760'7 inclusive; livestock claims, fowl claims and Earl Cather's salary totaling $297.60 were approved and ordered to be paid from the Dog Fund by warrants numbers 1690 to 1694 inclusive. T1 ' ROADS - S.C.L. STEPHENS CITY - STICKLEY'ROAD Upon motion, duly seconded, the following resolution as adopted: I BE IT RESOLVED, that the section of road that intersects with Rt. 11 0.15 Mi.' south of the SCL Stephens City, then leading in an easterly direction for a distance of 0.30 Mi., thence in a southernly direction a distance of 0.50 Mi., be added to the Secondary Highway System in Frederick County. A thirty foot unrestricted right of way, plus any additional width needed for cut or fill slopes is guaranteed. r � UPON MOTION, DULY SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN. I fe gII&IRMAN I