Metompkin Elementary School, Parksley, Virginia
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Present: Phil Hickman, Chair, Bob Hickman, James, Rhode, Nock, Turner, Thom.
County Staff in Attendance: Jim McGowan, Director of Planning for Accomack County, and Mark Taylor, county attorney
Audience: There were approximately 30 attendees.
Chairman Phil Hickman called the regular session to order at 7:00 PM.
PUBLIC COMMENT PERIOD
Ms. Kirkwood: She is concerned about stormwater ordinance and the necessary room needed for a septic system on a lot. She stated stormwater ordinance is duplicated by Chesapeake Bay Act (CBA)
Mark Baumgarten (attny; representing local citizens). Stormwater ordinance scientifically discusses flow of water. He stated the amendment in regard to buildable amount on lot needs to be considered. Exemptions dependent on lot size should be discussed.
Audrey Lauder, New Church: Her family put their land in conservation allotment. She also wants to protect land on seaside of Accomack County.
Michael Inman (attny for Captain's Cove): He wanted to thank Planning Commission for looking into the vested rights of landowners when considering the CBA applied to seaside. The seaside CBA issue would have impact on county. He discussed the draft of amendments for small lot owners with respect to compliance to seaside CBA. He would like a 30 to 60 day delay in having the Planning Commission giving their recommendations on applying seaside CBA.
Lois Cooper, Puncoteague: She is concerned for relax recommendations for lot owners on seaside when it comes to CBA. The issue of having 25 ft away from waterway should be at least a minimal standard. Any closer and insurance risks and storm damage will increase.
George Finlayson, Captain's Cove in Greenbackville: He discussed some newspapers' accounts claiming those opposing seaside CBA were from Captain's Cove; he stated that only 15 people at Public Hearing on seaside CBA were from Captain's Cove. He discussed the number of lots and depreciation that may occur from applying seaside CBA..
Billy Graham, Parkers Creek area: He is concerned about CBA ordinance and implication of acts. He noted concerns about fines and regulations; he indicated he is somewhat unknowledgeable of rules of ordinances. He would like Planning Commission to be better informed about ordinances and to explain them more clearly to local citizens.
Tanya (last name not stated): She discussed that there was no rush to have ordinances enacted. She stated that the need for ordinances at this current time needed to be clearly known.
Public Comment period was stopped to have Public Hearing.
Capitol Improvement Plan (CIP): A slideshow was given on CIP by county official. Some of the projects discussed included school board projects, new burn building for fire training, south landfill closure, and additional POD at regional jail (long term project).
Other points made are that Accomack County has no dedicated funding stream for financing CIP projects. Projects continue to stack on top of each other as their schedules are pushed back. Projects were discussed for a three month period. Planning Commission makes recommendations on CIP.
Public Hearing closed and a motion was made to approve recommendations made. All were approved.
REOPEN PUBLIC COMMENT PERIOD
Wanda Thornton, Chincoteague and Board of Supervisors (BOS) member for county: She was not at Public Hearing on seaside CBA. She discussed individual lot owners' rights and she is not concerned with developers. She made point of small lot owners who do not have 100 ft setback for Resource Protection Area (RPA). She noted that memo on “vested rights” from Taylor (county attorney) was started by her and should had been sent to BOS and Panning Commission members. She would like a forum to ask BOS and Planning Commission questions on seaside CBA.
Lance Stitcher, Captain's Cove: He briefly noted the issue of tax payers. With new info, 58% of lots in question with respect to seaside CBA are in Captain's Cove. He requested Planning Commission to work with attorneys to handle needs and exemptions of Captain's Cove lot owners.
CLOSE PUBLIC COMMENT PERIOD
Drake Landing Rezoned: Jim McGowan gave recommendations on rezoning. Motion to schedule public hearing on Drake Landing was approved.
Drive-In Theater: Tabled since owner was not present.
Subdivision issue still being considered.
Coal Kiln was reconsidered.
Konkel rezoning approved.
Draft Seaside CBA: Amendments were made for small lot owners. Smaller water area on seaside will make higher impact when compared with Chesapeake Bay side with larger water volume.
Amendments suggested include small lot owners with less than 20K sq ft have a 35 ft setback from seaside. For Captain's Cove due to smaller lots, they will be given a 25 ft setback. Overall text amendments given to Planning Commission. It was noted again to remove federal lands from seaside CBA. Captain's Cove will be designated as IDA (Intensely Developed Area) where areas comply with conditions. Mr. McGowan asked Captain's Cove for info on sewer and has not received any info yet.
Bob Hickman asked why not include the bayside in variances. He served on Zoning Board (ZB) and concerned about building ordinances around exemptions. He led discussion on amount of square footage needed for house; he settled on 3500 sq ft. Phil Hickman discussed the size and what will be recommended to BOS for action.
It was pointed out that BOS needed to make decision by August 29, 2009.
After discussion, it was decided to recommend 3500 sq ft. If RPA encroachment was needed for 3500 sq ft building space, a 35 ft encroachment from seaside will be allowed requiring no further exemptions. For lots in Captain's Cove a 25 ft encroachment will be allowed with no need for further exemptions. IDA will be provided for. Federal lands exempted. The seaside CBA will be modified as recommended. Motion to pass along amendments and ordinance recommendations to BOS was approved.
Draft Village Residential District Ordinance: It is still being reviewed.
Minutes of previous meeting were approved.
The meeting ended at 9:30 PM.
Notes by Tim Getek
N.B. These notes do not constitute the public record of this meeting. The information contained herein is offered in good faith and is presented as accurately as possible. These notes are intended to be a public service devoid of political commentary for those who are interested in following the civic affairs of Chincoteague Island and Accomack County. Notes of the meeting are recorded, transcribed and distributed by volunteers who receive no financial compensation for their efforts.