PC_06-19-69_Meeting_MinutesPF
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MINUTES OF THE MEETING OF THE FREDERICK
• COUNTY PLANNING COMMISSION, Held June 19,
1969, in the Board Room of the Frederick
County Office Building, Winchester, Virginia
Members Present: James W. Golladay, Chairman; Charles E.
Bass;.Maurice W. Perry; Clinton L. Ritter; Elmer Venskoske;
Donald M. Baughman; and J. A. Massie, Jr., Secretary.
The Chairman opened the Meeting by calling for the
presentation of the proponents for the petition of Roy R. Boyce
and wife and Robert E. Kelso.
Mr. W. A. Johnston, attorney at law, and Mr. Delmer
Bayliss, rai estate broker, presented the information on behalf
of the petitioners. During the course of, their appearance they
stated that the petitioners wished to construct a fruit packing
house and cold storage upon the property, the building to be
situate at least 400 feet East from the right of way of U. S.
Route # 11 and that the County,Road 668 would be used as part of
the access to the property, and that the petitioners would be
using the railroad facilities of the Martinsburg and Potomac
Railroad Company, with the Baltimore and Ohio Railroad Company
as Lessee. They further stated that the building wouldibe
approximately 80 feet by 200 feet.
The following objectors appeared: Virginia M. Cline,
H. B. Cline, and Donald Cline.
The objectors stated that they had purchased a
residence from Roy R. Boyce approximately two yearVwhich was
located 100 feet West of the right of way of U. S. Route 11
opposite the proposed re- zoning and cold storage and packing house
construction. They objetted to the dust that would be created
along Route 668 which is a secondary dirt road. They objected
further on the grounds that they had purchased a residence from
Mr. Boyce who indicated then that the land would be used for
residential purposes or agricultural purposes, but they stated
that he did not restrict himself to these uses. They further
objected on the grounds that if the.business fails it would leave
a large building there with a weedy lot. The petitioners pointed
out that there is a sub - station of the Potomac Edison Company just
East of the Railroad at its intersection with Interstate Route
I I 668.
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• There being no further discussion by either side, the
parties then left the hearing.
The Chairman then called for a hearing on the petition
of Paul H. Ensogna and wife for the re- zoning of approximately
a 6 Acre lot on the East side of U. S. Highway No. 11, about
7/10 of a mile North of its intersection with Interstate Route
81 for the purpose of constructing a building to be used as a
showroom, sales room and storage for electric lighting fixtures,
the said building to be built on the site of an old greenhouse.
Mr. William M. Mote, attorney, appeared on behalf of
the petitioners and presented an artist's drawing of how the
property would look after the proposed improvements, and also
presented photographs taken May 10, 1969, and a small photograph
taken about March 30,1969.
Mr. Ensogna talked to Taylor Barr, City Commissioner
of Revenue and then talked with Mr. Eston Rudolph three times
concerning his proposed purchase of the property and his use
of the same, and Mr. Rudolph stated that he could find no
zoning on that property and thereupon issued a permit, on
February 10, 1969 to build a brick and block building costing
• $10,000.00.
Mr. Ensogna stated that he has two trucks and four men
working for him on the job, and his gross sales last year were
$60,000.00, and that five to six per cent of his business is
walk -in; that he is primarily a wholesaler_ in electrical
appliances; that there would be no neon signs at walk -in businesses
except for the wholesaling; that he is presently operating out
of his residence at 705 Woodland Avenue, Winchester, Virginia, for
his contracting business, and that his lease at 152 North Loudoun
Street display room is up August 1, 1969; that he will be operating
an electrical contractors' business out of his residence at this
location. The purpose of buying this property was to bring his
two businesses together on the same property; that this building
call be approximately 150 feet back from the boundary line of Route
11; that the property is 2.7 miles North of the City Limits; that
there are thirty -two businesses in that area; that 2M mile North
of his property is a fender shop, and 2/10 mile South is a beauty
shop, both of them in residential areas; and that 4/10 mile North
of him is the Zuckerman junk yard and scrap metal business; and
that he and his wife will live in the residence. It was pointed
out at this time to Mr. Ensogna that these businesses were in the
• area before the zoning became effective and that they could not be
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zoned out of existence. That the zoning law permitted the
• beauty shop to be in that area.
.Mr. Baughman informed
property is re -zoned the aver can
zoning ordinance allows.
Mr. Mote then brought
or a conditional use permit und,
Ordinance. There was a general
the Commission that once a
do anything with it that the
up the request for a variance
=_r Section 11.4 of the Zoning
discussion on this.
.Mr. Lee Hollis then spoke on behalf of the opponents
and then presented a petition signed by seventy persons opposing
the petition of Mr. Ensogna and wife. Mr. Sandy spoke on behalf
of the opponents.
The opponents present were Mrs. Alva Richards,, Mrs.
Charles .C. Taylor, Mrs. Preston Kercheval, Mrs. R. Lee Hollis,
Mrs. Y..E. Riddick, Jr., William Sandy, R. Lee Hollis, Thomas W.
Rider, Mildred Keiter, Bessie Stotler, and Ruth Duncan Grim.
Mr. Ensogna stated that although he' u chased the
property and repaired the residence that he R y had a bulldozer
• work to level tte property at the location of the old greenhouse.
The Commission then called Mr. Rudolph in to explain
why he issued the permit. Upon the question of Mrs. Charles Taylor
he stated that it was issued by mistake.
Then Mr. Ensogna again addressed the Commission and then
Mrs. Riddick addressed the Commission saying that this area was
so zoned at the request of the people after the Zuckerman case and
everyone in the area is opposed to any change, and that it should
not be changed just to suit one party. Mr. Sandy said that they
object to any change and say so in their petition.
.Mrs. Ensogna asked Mr. Hollis if anyone objected to the
operation of Mr. Webber's or Mr. De Haven's businesses to which it
was answered that they were in existence at the time of the zo n -ing,
and that they were agricultural businesses permitted in the area,
and that they were there long before most of-the present objectors.
There being no further discussion on the petition the
objectors left, with the petitioners remaining.
The Chairman then called for presentation of the arguments
• pro and con on the motion of the Planning Commission to re -zone the
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West side of Paper Mill Road, Route 644, from Boones Lane, North
• to Cedar Creek Grade extended, or Weems Lane.
The following persons were listed as objectors: Arthur
W. Good, Waldo J. Wise, Ward Merica, Mildred Wise, Jeannette M.
Dennis, and Robert W. Speelman, all of whom live surrounding
the Wilson property.
There was a general discussion concerning the change
of this area. Mr. Wise spoke against the re- zoning, as did Mr.
Good and the others present. Objectors declared they thought
it should be B -2 instead of M -1 and would leave the zoning
recommendations up to the Planning Commission which recommends
a B -2 zone.
There being no further discussion on this suggested
change by the Planning Commission the objectors then left the
meeting.
The Chairman then called for a motion for executive
session, which motion was made, seconded and passed.
The Planning Commission then went into executive
• session and then after the discussion of many matters declared
the Meeting again open to the Public.
The Minutes of the Meeting of May 21, 1969 were read
and approved. The Commission then considered the petition of
Paul H. Ensogna and wife.
On motion by Mr. Baughman, seconded by Mr. Bass the
following resolution was duly adopted:
BE IT RESOLVED, that the petition of Mr. and
Mrs. Paul H. Ensogna be denied and the Board of
Supervisors be so advised. Motion passed.
On motion duly made and seconded the following
resolution was adopted:
BE IT RESOLVED, that the Board of Supervisors
be advised to recommend the withdrawal of the building
permit issued Paul H. Ensogna and wife.
There was then a discussion concerning the petition
of Roy R. Boyce and wife and Robert E. Kelso. The following
• resolution was adopted, after being duly made and seconded:
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BE IT RESOLVED, that the Planning Commission
• continue on the said petition until July 10, 1969, at
3:30 P.M., when it shall consider the re- zoning of the
entire tract of Boyce land containing approximately 40
Acres, located on the East side of U—S. Route # 11 to
be re -zoned from A -2 to M -1, set back 400 feet from the
boundary of U. S. Route 11. The application of Boyce and
Kelso being considered the first step in an overall plan
for an industrial area in this section of the County.
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There was a general discussion concerning theiaction
of the Planning Commission to re -zone the land on the West side
of Route 644, knoFnas the Paper Mill Road. The following
resolution was duly made, seconded and adopted:
BE IT RESOLVED, that the Planning Commission
of Frederick County,.Virginia, recommends to the Board
of Supervisors of Frederick County, that the lots of
Milton Valley Subdivision, fronting on the West side of
Route 644 know as Paper Mill Road, in Shawnee Magisterial
District, bounded by Boones Lane on the South and Weems
Lane on the North, be re -zoned from M -1 for the Wilson
lots, and R -2 for the other lots, to B -2 for all of said
area, this being the first step for the re- zoning of the
land on the West side of Paper Mill Road.
Thereupon, C. D. Hylton Enterprises, by Donald H.
McEachern, General Manager, appeared on behalf of the petition
that had been filed, together with their check for $80.00, and'
the following resolution was thereupon made, seconded and
adopted:
BE IT RESOLVED, that the petition and plat of C.
0. Hylton Enterprises be set for Public Hearing onliuly 10,
1969 at 3:30 P.M., in the Board Roomnof the County�Office
Building.
There being no further business to come before the
Meeting, the same was thereupon adjourned.
Respectfully submitted,
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'Jo ph A. Massie, Jr., Secretary
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Attest:
James W. GolladaydChairman
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