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MINUTES OF THE MEETING OF THE
PLANNING COMMISSION OF FREDERICK COUNTY, VIRGINIA
HELD August 7, 1968 - 4:00 o'clock, P.M.
Present: J. W. Golladay, Chairman; D. K. Russell;
C. L. Ritter; D. L. Baughman; Belmont Fout; Elmer Venskoske;
and Joseph A. Massie, Jr., Secretary.
The Meeting was called to order at 4:00 o'clock,
P.M., by J. W. Golladay, Chairman, who announced that this
was a Public Hearing upon the petition of Shenandoah Brick
and Tile Corporation and Joseph Hughes and wife, to zone
from Residential and Business to M -2, a certain 202 Acre
tract of land lying North of Route # 7 and East of Route #
81, in Stonewall Magisterial District of Frederick County,
Virginia. He thereupon called Mr. J. F. Larrick, Attorney
for the petitioners to present the petition and evidence
in support thereof.
Mr. Larrick then made an introductory statement
on behalf of the petitioners, and then called on the following
witnesses:
Harold G. Brown, Chairman of the Shenandoah Valley National
Bank, who gave an early history of Colonial Brick and file
Corporation, and its successor Shenandoah Brick and Tile
Corpration.
Next Mr. larrick called on Colonel Conrad Fallensbee,
Executive Secretary of the Winchester - Frederick County Chamber
of Commerce, who spo1e of the importance of the business to the
community. Payroll over $400,000.00 per year, with purchases
of another $100,000.00 per year. He stated that it generages
a million dollars worth of business per year for the community.
He also stated that the plant loss would result in higher building
costs to this area. He stated that the business sells 80% of
its products out of state, which is more valuable than one that
sells almost entirely locally.
Mr. Larrick then called on E. H Tavenner, real estate
broker, who stated he had visited the property; that the land
reclaimed by the corporation is very suitable for building
purposes, and that the value of land areas have increased. He
also stated that adjoining subdivisions would increase the
value of the corporation land.
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Mr. Larrick then called on Carroll.Mason, real
estate broker, who stated that he knew the operations of the
Corporation; that he had sold expensive houses in subdivision
next to old mining property; that the building of expensive
houses will increase the value of nearby existing houses;
that the operations will not damage the value of present
hour; that his houses were selling for $20,000.00, four years
ago; that he sold houses on Van Fossen and Battle Avenue4
close to the active mining before being completed.
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At this time, Mr. C. M. Davis, one of the objectors
said he recently sold his house on Battle Avenue for more than
he had paid for it; and Mrs. R. W. Frey, one of the objectors,
said some of the houses in.Shenandoah Hills Subdivision sold
for as high as $60,000.00.
Mr. Larrick then called Charles A. Christophersen,
Assistant to Marvin Sutherland, Director of the Division of
Mining. He referred to the new reclamation law, and stated
that the Corporation has asked for apprdval of plans for the
area under consideration, even though the State law does not
go into effect until July 1, 1969.
Mrs. R. F. Farmer then asked about the Bond required
for reclamation. The Bond is $50.00 per Acre, and the Mining
Bond is $1,000.00 - total bond for entire area would be about
$10,000.00.
Mr. Larrick then called on Mr. William F. Mullins,
Chief Mining Inspector, who stated that very,few cases have
been reclaimed under the Bond, in fact, two out of one hundred
forty in coal fields, and that the cost here to reclaim in
case of default would be less then in the case of coal fields;
that forfeiture of the Bond would immediately cause the refusal
to issue licenses until the excess cost of reclamation are paid.
Mr. Larrick then called on Allen Turner, real estate
appraiser, of Oakton, Virginia, who gave his qualifications,
and spoke of the value of approximately $4,000.00 an Acre for
18 Acres between the Acme Store and the present mining property,
which is being subdivided for residential purposes; that this
was above the value of the land of Haven Wolfe near the City
disposal plant, and that the quarrying operations of the
Corporation did not decline the value of the property. on Wilson
Avenue or Shenandoah Hills.
Mr. Barr, Executive Director of the Corporation then
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` presented his plan of operation, and explained that he was
negotiating for a different right of way into the 202
Acres, which would be shorter, and that it probably would be
obtained; that the 202 Acres has the best type of shale that
is reasonably available; that the need for this shale is now
critical; that the noise on Route # 7 is greater 24 hours a
day than the noise would be from his Corporation; that the
front end loader which does the strip mining moves at about
i one mile per houre, and creates no more dirt than does the
pick up truck on Denny Cole's dirt road; that it is economically
sound to reclaim mine area; and that there is more noise from
Haines Truck Terminal and Denny's Auction than comes from the
Corporation; and that the dust is not like Grove's or Frey's
Quarries, nor is the dust as great in hauling, as it is in
hauling of ground lime stone; that no one on West Virginia
Avenue has ever complained about the dust.
When Mr. Barr was through, there was no further
evidence.
Whereupon, on Motion of Fout, seconded by Venskoske,
motion was made to close the Public Hearing, which motion
duly passed.
Whereupon, on Motion duly made by Venskoske and
seconded by Ritter to go into executive session, it was then
duly passed.
' After the discussion of the petition, and the points
for and against it raised by the parties present, the Planning
Commission on motion duly made and seconded, resolved to
return into public session, and said parties outside the room
were notified and they returned.
On Motion by Ritter, seconded by.Russell, the following
resolution was adopted:
BE IT RESOLVED that the Planning Commission of
Frederick County does hereby recommend to the Board of
Supervisors that the petition:-:- of Shenandoah Brick and
Tile Corporation and Joseph Hughes and wife be approved
and that the area described therein, containing 202 Acres,
be re -zoned from its present zoning requirements to Zone
Area M -2 for quarrying or strip mining purposes only,
and conditioned upon the compliance now with the new
reclamation act for strip mining, aid further requiring
that the access road or right of way to the refined
area, and land of the parties be treated with oil before
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commencement of operations, and be surface treated
within one year after commencement of operations.
Motion was thereupon passed unanimously.
Whereupon, the Planning Commission had the reading
of the minutes of the last meeting of the Planning Commission,
and the same were approved.
The Chairman then presente16 proposed plat for sale
of a lot by Stewart Bell on Cedar Creek Grade, pursuant to the
requirements of the Subdivision Act, and the same was thereupon
ratified and approved and the same was then sent to the
Board of Supervisors for their approval.
The Chairman then advised the Commission that the
plats for McNair and Associates for their survey and report
have been delivered to the Clerk of the Circuit Court, and
may be seen at that time.
The Chairman then reminded the Members of a Meeting
of the Planning Commission on August 14th, 1968, at 4:00 o'clock,
P.M.
There being no further business to come before
the Meeting, the same was thereupon adjomrned.
Attest:
Respectfully submitted,
VJ seo ph A. Massie, Jr.; Secretary