PC_05-01-68_Meeting_MinutesI
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MINUTES OF THE MEETING OF THE
PLANNING COMMISSION OF FREDERICK COUNTY, VIRGINIA
Held May 1, 1968 - 3:30 P.M.
The meeting was called to order by J. W. Golladay,
Chairman.
Members Present: Clinton L. Ritter, C. E. Bass,
D. L. Baughman, and Joseph A. Massie, Jr., Secretary.
The first order of business was the reading of
the last minutes and approval of the same, which was done.
The Chairman then announced that the next order
of business was the Public Hearing on the petition of
Joseph Hughes and wife, and Shenandoah Brick and Tile Corporation
for the re- zoning of 202 Acres just North of Virginia Route # 7,
and East of Interstate Route # 81, in Stonewall District,
Frederick County, Virginia.
The Chairman then called on the proponents for the
rezoning and Mr. J. F. Larrick, attorney for the petitioners
addressed the Commission, as did Mr. Seymour Barr, manager
of Shenandoah Brick and Tile.
Then the objectors stated their position and those
present were as follows: Mrs. Charles Schuller; Mrs. Denny
Cole; Denny Cole; Preston 0. Jolley; Ernest R. Welch, who was
the first spokesman for the objectors; Lawrence P. Cole; D. A.
Cole; Alma Cole; Mrs. Mildred Zachgo; Mrs. Richard F. Farmer,
Sr.; Mrs. Lonnie J. Riggleman; H, E. Muntzing; Edward C.
Costello; Lola Wilson; and P. B. Gentry.
Mr. Larrick informed the Commission of the Hughes
purchase of the farm in 1961, at a public auction, and their
lease to Shenandoah Brick and Tile Corporation on .:April 11,
1962, for mining of shale material.
Mr. Larrick pointed out the portion of the lease
requiring the Lessee not to leave holes, quarries, fill and
to fill in after operation of the lease, and requiring the
replacing of the top soil. Mr. Barr spoke about the operation
of the prior company, which was the Colonial Brick and Tile
Corporation, and that the present company operates under a
different policy, and has a better control concerning the mining
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of shale and the restoring of the land after the shale
• has been mined; that the company is i.:presently operating
on 60 Acres, which was obtained from the old operation
and which is about exhausted; thetthe Corporation owns
the present mining area; that Joseph Hughes and wife own
the old Warner Farm and are the majority stockholders
in the Shenandoah Brick and Tile Corporation.
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Mr. Barr stated that the company would mine
about 3 to 12 feet deep depending on the depth of the
Martinsburg shale which they use. Both Mr. Larrick and
Mr. Barr said that the petitioners would be willing to
file an agreement with the Board of Supervisors that the
company would replace the top soil and regrade the
property so that it would be useful for other purposes
after the mining operation was over. Mr. Barr filed
a plat of the present operation and stated that one
corner of the Warner Farm is about 50 yeards from
Interstate Route No. 81, and that a small strip of land
of Mr. Lee Place is on both sides of Interstate Route No.
81, separating the present operation from the proposed
future operation on the Warner Farm; that the access to
the Warner Farm was through a private lane and that they
would not operate along Wilson Avenue.
Mr. Barr further stated that he had no complaints
about dust operation at the present location, and that he
doubted that there would be any from the new proposed
location, but there might be some complaints about
dynamiting; that the operation made no more noise than the
traffic did on Interstate Route No. 81; that the Corporation
may pave the access lane.
Mr. Barr further stated that if the raw materials
were notsufficient or of a satisfactory nature, that there
was a possibility that perhaps the operation would terminate
in ten (10) years or less.
Those opposed to the re- zoning, filed a petition
bearing 66 names of citizens, residents and land 'owners of
the area North of Route No. 7; and also presented photographs
on behalf of the objectors, showing the present conditions
of the property and photographs of the present mining area.
The objectors stated that they were there first
by many years; that the area was zoned Residential, without
objection, some while ago; that the rerzoning of this 202
Acres reduced the property values of the surrounding residences;
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that they objected
and that there was
this would make a
resulting in dust
to the Corporation using Wilson Avenue,
nothing to stop them from doing so; that
terrific eye -sore in the community,
and noise.
The petitioners and objectors then departed.
The Chairman then called for the Public Hearing
on the petition of John Von Sneidern and.others, for re- zoning
of 6 Acres along the West side of Route No 11, the South
side of Route No. 81, and the Northeast side of Welltown
Pike, from M =1 to B -2 for the purpose of construction of
a motel, restaurant and gasoline service station.
Mr. H. K. Benham, III, attorney, appeared for
the petitioners and was the only person present, who was
interested in the petition. There were no objections to
the petition.
Mr. Benham made a statement on behalf of the
petitioners and departed.
The next order of business was the consideration
of the petitions.On motion duly made, seconded, and
• unanimously passed, the petition of John Von Sneidern, et
als, was approved with a variance for a restaurant.
It was brought out at that time that the reason
that no restaurants were provided for in the zoning ordinance
was in order to control them with a granting of a variance.
Whereupon, on motion made and seconded, it was
resolved that the petition of Joseph Heghes and wife and
Shenandoah Brick and Tile Corporation for the re- zoning
of 202 Acres just North of Route No. 7, and just East of
Interstate Route No. 81, in Stonewall District, be not
approved at this time as the := plans for operation were
too vague in all respects. There was considerable discussion
upon the motion and the same was then unanimously passed.
The Commission then received the application for
change in zoning in land of John W. Miller on the West side
of U;,rS;i!Highway No. 11, in Back Creek District, from
Residential to Business.
It appeared that the 400 foot depth from the property
r �- line on the West side of U. S. Route No. 11, westward was zoned
for business and that the remaining distances varied from
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a variance up to 200 feet to the property of Dr. McLaughlin
was zoned residential.
On motion duly made and seconded and passed, it
was resolved that a Public Hearing on this application be
held on Wednesday, June 5th, 1968, at 4:00 o'clock, P.M.,
in the Board Room of the County Office Building, and that
due publication of this Public Hearing be made.
There being no further business to come before
the Meeting, the same was thereupon adjourned.
Respectfully submitted,
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VJos' ph A. Massie, r., Secretary
Attest:
J. W. Golladay, airman
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