02-04-1950 MinutesVI i[GiN I A:
At an adjourned meeting o£ the
Board of Supervisur$ of Chester-
field County, held at the Court-
house om February 4, 1950 at
8:00 p.m.
Present:
J.G.Hening, Chairman
H.T.Goyne
J.C.McKesson
James W. Gordon, Jr.
Irvin G. Homer
Dr. Robt. O. Gill
This day in accordance with directions of the Board of Supervisors of this County,
i~i.A.Cogbill, Cormnonweaith's Attorney, has rendered in writing his opinion on the
question "Is the Westhampton I4emorial Park", Incorporated, a non-conforming us~r of
the ~erry Tract of land?" And the same is in the following words and figures:
"On yesterday and again today the undersigned met with }4essrs. Pearsall~ Bryan,~4arti~l
and Wright who presented certain facts in relation to the acreage of ground and its
use, and certain supporting decisions they respectively offered in support of the
several contentions:
It was contended on the one side that the zoning ordinance prior to the night of
February 2, 1950, renuired the user of the land the duty to obtain a use permit from
the proper authority to use the land as a cemetery. This contention~ although it
I~y or may not be correct, is not important in reaching the answer renuested. Con-
~versely it was contended that the zoning ordnance did not reouire such action of
the land o~er but that the B~rd of Supervisors had no right or authority to regulate
the use of land so far as cemeteries are concerned. Th~s asserti~ is not important
in find~g the answer requested and therefore no further comment is here made c~-
cerning the same.
it is uontended that the decI~ration of int~tion to establish a cemetery coupl~d ~th
the facts related to the undersigned, was sufficient to establish a USE prior to
February 2, i950:
The undersigned has considered all of the facts m~bmi~ted, brisLtcned by certain
decisions of sew~ra! co~ts of ap}~eal~ and has heard and considered the arguments of~
the gentlemen named above, ~d from all of this he is of the opini~ that such
exercise of control over the land in question as disclosed in the facts submitted
n ~ of lo~ of land. Ha, t]~erefore, is of th~-f~ther o~ini~n
acts of preparation and o~
that Westhampton Memorial I-ark, incorporated, · ' ~ ~ be in violation of the
County Zoning Ordinance if it proceeds to use the land in !uestion as a cemetery witl~ut
first ~" '
~lmvl~g obtained a use l.:ermit as r~'.',;~rc.~ by said ~q-d~nance."
' ' .~or~.~.n Jr. it is re.~olved
iUpon considerat!on whereof, ani on motion of Jamea J. ~ , ,
that t}e said written opini~,n be and it hereby is reca~.veu and ":" '~ ~
~a~onS the papers of this *" ~
~:as proper chat it not have a representative on the Local z}oaru of ~ ueJzc ., ~.t'ar{,
~.~z~cr~s, sale, meetinS this Beard put in no~lin~tion '-~,' of .
~for placement b<fore iq= ~o,.ut for : ....
lan~
name of three persons b~.:['or~,i the Judse of Circuit Court fdr consideration fur
~mcnt to the Local Bo.~d ~f i'ublic Jeif.::~re. Upon consid~:ration ~aareof~ ~,nd on
~:notion of ~-lr. James ',I. G~rd~n, Jr., it is resolved that tlc names of Nr. Peter
Sovington~ i.u~. Harold T. Goyne and .m. Irvin G. imrner be and they are hereby nominated
as thc names to be placed b~:for~
~:.~ Judse of the Circuit 2uurt for appointment as a
me.nb~r o~ the Local Board of iublic 'Jelf~re of the County of Chesterfield, Virsin~a.
1500 feet of ~" pipe in "Cr.}stwood" Farms subdivision, in accordance with the
~'.:her.<as, it aA;ears to thi> Soa,.'d that ti:e C ~.,nty School
will shortly construct a n~.',; ele:~er, tary school builJ[n~.~ ju,::t. ~x,uth of Jahnl:t i~o~,i an{~
,,;a~t of 'the city limits of th<; Cit} of tich:nond, and tl,at
the numerous children use Jahnke icad as a wal}:-w~O', and iht such usc ;~uuld be
d~ngcrous to said children ~n,i burdensome to trLffJc, Up,n c<maidcration ,~:raof
ami on motion, it is~ c~,< =~ea,~' that the ?'lr:~'~, .... ia L< ~art. m',~..~'~ <,f ,,~:': -~',. ",-~:,,,,~ ~ be. resonated-
to take under consideration the c~mstructicm of a sidewaNt
German School Road along thc: Jahnke Road, for the use uf school children ~-md ,~thers
whihe walking.
Av~mse :~n ~.n~ ~e of ?en~l~y ir~ R~-"~uda ~?FJ.ct of th;:~ County
1950.
!' 'Exec'.~.ive oecretary