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OF ZONING APPEALS MEETING FOR NOVEMBER[Board of Zoning Appeals on November 4, 2026.]
THE 4TH.WE'RE GONNA ASK THAT THE REST OF THE MEMBERS WILL INTRODUCE THEMSELVES SO THAT YOU WILL HAVE AN IDEA WHO YOU'RE SPEAKING WITH IF THEY ASK QUESTIONS.
AND WE DO HAVE A QUORUM, JUST TO LET YOU KNOW, ANYTHING WE'RE VOTING ON HAS TO HAVE THREE VOTES IN ORDER FOR IT TO PASS.
HAS EVERYONE HAD AN OPPORTUNITY TO LOOK AT THE AGENDA? THE AGENDA, YES.
UH, IS THERE - IF I MAY, WE'RE, JUST SO IT'S IN THE RECORD, WE'RE MOVING THE, UM, THE HAITIAN BROTHERS LLC CASE UP TO BE THE FIRST ONE WE HEAR.
BUT, BUT, BUT THE AGENDA IS AT STAND, WE'RE JUST GONNA BE REORDERING ONE OF THE CASES.
UH, W- WITH THAT IN MIND, DO WE HAVE A MOTION TO APPROVE THE AGENDA? MOVE TO ADOPT.
IT'S BEEN PROPERLY MOVED AND SECOND.
DID EVERYBODY HAVE AN OPPORTUNITY TO LOOK AT THE MINUTES? I DID, MR. CHAIRMAN.
I MAKE A MOTION THAT WE APPROVE THE MINUTES AS PRESENTED.
IT'S BEEN PROPERLY MOVED TO SECOND.
NOW WE'LL MOVE FORWARD TO PUBLIC HEARING.
SO FOR THOSE OF YOU WHO DON'T KNOW ME, UH, CINDY JONES, CODE ENFORCEMENT OFFICER FOR ZONING.
UH, WE'VE GOT, UH, ABOUT SIX CASES.
UM, THIS IS, UH, SUSE FOUR / 17 / 2022, AND THIS IS A, UH, SPECIAL USE PERMIT VIOLATION HEARING.
UM, TWO HAITIAN BROTHERS LLCS, THE OWNER.
THIS IS LOCATED, UH, 19405 LANGFORD HIGHWAY.
AND, UH, CURRENTLY THEY ARE AN AUTOMOBILE REPAIR SHOP.
JUST TO GIVE YOU AN IDEA, SO THIS IS, THIS IS THE, UM, PICTURES FROM THE FIRST INSPECTION THAT WE DID.
AND THEN, UH, THIS WAS AN INSPECTION FROM, UM, MONDAY.
SO AS YOU CAN SEE, IT'S IN, UH, MUCH BETTER SHAPE.
SO YOU CAN ACTUALLY TELL WHERE THE CARS WERE, BUT NOW THEY'RE GONE.
UH, NOVEMBER 2ND, 2022, THE SPECIAL USE PERMIT WAS APPROVED FOR LIGHT INDUSTRY IN THE AGRICULTURAL DISTRICT FOR USE AS AN AUTO REPAIR FACILITY.
AND THE SPECIAL USE PERMIT WAS APPROVED WITH THE FOLLOWING CONDITIONS.
UH, NUMBER ONE, THE FENCE THAT IS LOCATED ON THE PARCEL MUST BE COMPLETED AND MAINTAINED, AND THE VEHICLES THAT ARE UNLICENSED AND NOT IMMEDIATELY REPAIRED SHALL BE KEPT INSIDE THE GARAGE OR INSIDE THE FENCED IN AREA AND BE PARKED OUT FRONT.
AND NUMBER TWO, NO MORE THAN FIVE UNLICENSED AND UNREGISTERED VEHICLES MAY BE STORED ON THE PARCEL AT ANY ONE TIME AND THE STORAGE OF JUNK VEHICLES FOR PARTS IS PROHIBITED.
UM, AND AS A PREPARATION OF THIS PART OF THIS DECK, THE APPLICANT HAD BEEN OPERATING IN VIOLATION OF THOSE TWO CONDITIONS.
AND OF COURSE, THEN WE COME BACK TO THE AUGUST 5TH, 2026 BZA HEARING.
THE APPLICANTS WERE GIVEN 90 DAYS TO BRING THE SITE BACK INTO COMPLIANCE.
AS OF TODAY'S DATE, THIS IS DAY 91.
SO, UM, BASICALLY THE APPLICANT IS DOWN TO, OR THE OWNER OF THE PROPERTY IS DOWN TO FIVE UNLICENSED VEHICLES.
SO AS OF RIGHT NOW, UM, THE SITE IS IN COMPLIANCE.
SO STAFF DOESN'T RECOMMEND ANY FURTHER ACTION.
ARE, ARE THERE ANY QUESTIONS FOR CINDY? UH, WITH THAT IN MIND, ARE WE READY TO MAKE A MOTION? IS IT A MOTION? I DON'T THINK WE NEED A MOTION.
IF WE'RE NOT GONNA DO ANYTHING, WE'LL JUST, WE'LL JUST LEAVE IT AT THAT.
SO, SO THEY'RE IN COMPLIANCE? THEY ARE IN COMPLIANCE.
UM, I'M JUST GONNA PASS OUT SOMETHING FOR, UM, THIS CASE REAL QUICK.
THIS ONE, THIS ONE WE'RE HERE NOW? THIS IS ONE WE'RE HEARING.
SO THIS IS, UH, ALBERT AND JULIE SICIONI.
THIS IS ACTUALLY A DEFERRED CASE FROM THE LAST MEETING.
UM, WE HAD SOME, UH, RPA QUESTIONS, UM, TO DEAL WITH.
SO NOW WE ARE BRINGING IT BACK.
UM, THIS IS SUSE 154 2026 AND, UH, APPEAL 175 2026.
AND THIS IS AN ACCESSORY STRUCTURE WITHOUT A PRIMARY.
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APPLICANT AND OWNER ARE THE SAME, ALBERT AND JULIE SISIONE.LOCATION IS 83B-2-D-3, OR, UH, 15145 RUSSELL DRIVE.
THIS IS IN, UH, EAST POINT SUBDIVISION.
UH, THE ZONING IS RESIDENTIAL.
THE FUTURE LAND USE RECOMMENDATION'S AG.
CURRENT AND PROPOSED USES ARE BOTH RESIDENTIAL IN NATURE.
UM, SO NOW WE HAVE, UM, PICTURES OF THE SITE THAT IS YOUR, UH, ZONING ZONE RESIDENTIAL.
UM, FUTURE LAND USE RECOMMENDATION IS AG.
UM, IT IS LOCATED IN A FLOOD ZONE AND WHERE THE STRUCTURE'S GOING TO BE IS LOCATED IN THE SIX BFE SECTION.
IT'S APPROXIMATELY RIGHT THERE-ISH.
AND THE ENTIRE PROPERTY, UH, I MEAN, THE MAP IS INCORRECT.
SO THE FIRST HUNDRED FEET FROM THE EDGE OF THAT BULKHEAD IS YOUR, IS YOUR RPA LINE.
THERE'S SOME PICTURES OF THE SITE.
UM, THEY ARE REPLACING THIS STRUCTURE WITH ANOTHER STRUCTURE.
THE RV IS UNHOOKED AND IS NOW BEING STORED ON THE PROPERTY.
SO THAT'S NOT A VIOLATION AT THIS TIME.
UM, SO, UH, JUST TO EXPLAIN THIS VERY BRIEFLY, UM, WE ARE UTIL - UH, THE APPLICANT IS UTILIZING THE ENTIRETY OF THE EXISTING STRUCTURE AND THEN HE IS GOING, UM, THIS WAY ABOUT TWO FEET TO MEET THE SETBACK REQUIREMENTS FROM THIS LOT LINE HERE.
SO WHAT WE HAVE IS SOMETHING THAT WILL MEET THE SETBACK REQUIREMENTS AND NOT REQUIRE A VARIANCE.
THESE ARE, AGAIN, SOME EXTRA PICTURES OF THE SITE.
UM, THIS IS THE, UM, FROM THE, FROM THE BAY SIDE, THIS IS APPROXIMATELY WHERE THE REAR OF THE SHED WILL BE LOCATED.
AND THEN SOME OTHER PICTURES OF THE SITE AS WELL.
SO NOW WE'LL GO BACK JUST TO READ THEM IN THE RECORD.
UH, NUMBER ONE, WHETHER PROPOSED USE WILL ADVERSELY IMPACT CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UH, NO ADVERSE IMPACT IS ANTICIPATED AS THE APPLICANT HAS A SINGLE FAMILY RESIDENCE ON AN ADJACENT PARCEL AND THE PARCELS ARE SMALL.
ALSO, THIS IS A REPLACEMENT SHED WHICH IS DIFFERENT IN SIZE.
UM, OF COURSE, SO THE BACKGROUND IS HE OWNS, UH, THREE PROPERTIES.
THIS SHED IS IMMEDIATELY ADJACENT.
NUMBER TWO, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES.
UH, NO ADVERSE IMPACT WILL RESULT, UM, UTILITIES ARE ALONG RUSSELL DRIVE.
OF COURSE, THE, THE LOT WITH THE HOUSE HAS WELL AND SEPTIC.
UH, NUMBER THREE, FACILITATE AND PRESERVE AND CR - THE CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY AND, UH, THIS USE WILL NOT HAVE THIS EFFECT.
UH, NUMBER FOUR, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC HISTORIC AND WATERFRONT AREAS.
UH, NO ADVERSE IMPACT WILL RESULT.
THE SHED WILL COMPLY WITH THE FLOODPLAIN ORDINANCE ALSO AS PART OF THIS APPLICATION.
UM, THE SHED WILL COMPLY WITH, UM, THE MITIGATION PART THAT WE'LL GET INTO FOR THE RPA.
UH, NUMBER FIVE, UH, ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS.
AN ACCESSORY STRUCTURE WITHOUT A PRIMARY COULD AFFECT PROPERTY VALUES OF ADJACENT PROPERTIES, BUT THE APPLICANT OWNS A VERY CLOSE SINGLE FAMILY RESIDENCE AND THIS SHED WILL BE REPLACING A SIMILARLY SIZED SHED.
UH, NUMBER SIX, WHETHER PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
UH, THIS USE WILL NEITHER HINDER NOR PROMOTE THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE.
NUMBER SEVEN, WHETHER THE PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES, AND REGULATIONS.
THE ANSWER THERE IS YES, ACCESSORY STRUCTURES, UH, WITHOUT PRIMARY STRUCTURES ARE ALLOWED BY SPECIAL USE PERMIT.
ALSO, BECAUSE HIS HOUSE IS ON AN ADJACENT PROPERTY, HE COULD POTENTIALLY VACATE THE BOUNDARY BETWEEN THEM, IN WHICH CASE WE WOULDN'T NEED TO BE HERE.
UH, AND NUMBER EIGHT, WHETHER GRANTED THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE.
THE ANSWER IS NO, THIS REQUEST HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.
SO NOW WE GET INTO THE, UH, CONSIDERATIONS FOR EXCEPTIONS.
THIS IS SPECIFICALLY FOR THE RPA PART OF THIS.
SO HE IS ENCROACHING APPROXIMATELY 10 FEET INTO THE RPA.
SO THIS WILL DEAL WITH THAT PART OF THIS.
UH, NUMBER ONE, SPECIAL PRIVILEGES GIVEN THAT ARE DENIED TO OTHER PROPERTY OWNERS IN THE OVERLAY DISTRICT.
AND THE RESPONSE IS THE REQUESTED RELIEF IS AVAILABLE TO OTHER PROPERTY OWNERS IN THIS DISTRICT.
UH, NUMBER TWO, GOOD FAITH ACQUISITION IS NOT A SELF-CREATED HARDSHIP.
UH, THE CIRCUMSTANCES ARE SELF-CREATED AS THE APPLICANT CAN CHOOSE AN ACCESSORY STRUCTURE THAT DOES NOT INVADE THE BUFFER.
UH, NUMBER THREE, MINIMUM NECESSARY TO AFFORD RELIEF.
THE REQUEST IS THE MINIMUM NECESSARY FOR APPLICANT'S CHOSEN ACCESSORY STRUCTURE.
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A STRUCTURE 10 FEET SHORTER WOULD NOT NEED AN EXCEPTION.UH, NUMBER FOUR, CONSISTENCY WITH THE INTENT OF THE OVERLAY DISTRICT.
UM, THE APPLICANT WOULD MITIGATE WITH THE PLANTING OF THE REQUIRED ONE CANOPY TREE, TWO UNDERSTORY TREES AND THREE BUSHES.
UH, NUMBER FIVE, REASONABLE AND APPROPRIATE CONDITIONS ARE IMPOSED.
THE APPLICANT WOULD MITIGATE WITH THE PLANTING OF THE REQUIRED ONE CANOPY TREE, TWO UNDERSTORY TREES AND THREE BUSHES AND SEA LEVEL RISE ADDRESS.
THE APPLICANT WOULD COMPLY WITH THE ACCOMACK FLOODPLAIN ORDINANCE, WHICH WILL SATISFY THE RESILIENCY REQUIREMENTS.
UM, THERE'S NO IMPACT TO PUBLIC UTILITIES.
UM, ELECTRIC UTILITIES ARE ALONG RUSSELL DRIVE.
RUSSELL DRIVE IS A PUBLIC SECONDARY ROADWAY I CONSIDER AN AVERAGE CONDITION.
ENVIRONMENTAL, THE PROPERTY IS LOCATED IN A SPECIAL FLOOD HAZARD AREA, UH, WHERE THE STRUCTURE IS GOING TO BE.
IT WILL BE THE SIX BFE AND THE STRUCTURE WILL HAVE TO COMPLY WITH THE FLOODPLAIN ORDINANCE.
THE PROPERTY ALSO HAS RESOURCE PROTECTION AREA, WHICH IS A PART OF ITS APPLICATION.
UH, PUBLIC SAFETY AND ACCESSORY STRUCTURE IN A FLOODPLAIN COULD POTENTIALLY POSE A RISK TO PUBLIC SAFETY.
UM, BASICALLY ANY TIME YOU HAVE A STRUCTURE IN THE FLOODPLAIN, IF A CATEGORY FIVE HURRICANE HITS, IT COULD PICK UP AND MOVE.
PUBLIC COMMENTS/ADDITIONAL INFORMATION, NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW, AND AS A PREPARATION OF SLIDE DECK, NO PUBLIC COMMENTS HAVE BEEN RECEIVED.
I HAVEN'T RECEIVED ANY, UM, EMAILS OR PHONE CALLS ABOUT THIS EITHER.
THE APPLICANT PROPOSES TO PLACE AN ACCESSORY STRUCTURE ON THE PROPERTY.
UH, THE PROPERTY DOES NOT HAVE A PRIMARY STRUCTURE AND REQUIRES A SPECIAL USE PERMIT.
THE STRUCTURE WILL ALSO NEED RELIEF TO ENCROACH INTO THE LANDWARD 50 FEET OF THE RESOURCE PROTECTION AREA.
AN ACCESSORY STRUCTURE WITHOUT A PRIMARY COULD AFFECT PROPERTY VALUES OF ADJACENT OWNERS, BUT THE APPLICANT HAS A PRIMARY STRUCTURE ON AN ADJACENT PARCEL.
AND THE LAST ONE, THIS STRUCTURE WILL REPLACE AN EXISTING STRUCTURE BUT IS DIFFERENT IN SIZE.
STAFF RECOMMENDS APPROVAL OF SUSE 1542026, SO THAT'S THE SPECIAL USE PERMIT, UM, SECTION OF THIS.
AND, UH, STAFF DOES NOT MAKE RECOMMENDATIONS ON EXCEPTIONS.
HOWEVER, THE APPLICANT HAS NOT MET ALL THE REQUIREMENTS AS THIS IS A SELF-CREATED HARDSHIP.
IF THE BZA APPROVES A SPECIAL USE PERMIT IN EXCEPTION, WE RECOMMEND THE FOLLOWING NINE CONDITIONS.
NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION AND PLOT PLAN AS SUBMITTED.
NUMBER THREE, THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE INSPECTIONS OF THE SITE UNTIL THE CERTIFICATE OF COMPLETION IS ISSUED.
NUMBER FOUR, THE APPLICANT SHALL COMPLY WITH THE RELEVANT VDOT AND HEALTH DEPARTMENT REGULATIONS.
NUMBER FIVE, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE SPECIAL USE PERMIT IS ACTIVE.
NUMBER S - UH, NUMBER SEVEN, THE APPLICANT SHALL COMPLY WITH THE RELEVANT FLOODPLAIN APPLICATIONS, UH, EXCUSE ME, REGULATIONS.
NUMBER EIGHT, THE RV THAT IS ON THE SITE SHALL NOT BE, UH, USED FOR HABITATION.
THE NEXT ONE, THE CONTAINER THAT IS LOCATED ON THE SITE SHALL BE REMOVED WITHIN SIX MONTHS OF APPROVAL OF THE SPECIAL USE PERMIT AND THE LAST ONE IN VIOLATION OF ANY OF THESE CONDITIONS SHALL RENDER THE SPECIAL USE PERMIT NULL AND VOID.
I CAN ANSWER ANY QUESTIONS YOU HAVE.
ALSO, MR. SISIONE'S HERE IF YOU HAVE ANY QUESTIONS FOR HIM.
ANY QUESTIONS FOR SENATOR? I ALSO THINK THERE, SOMEBODY MIGHT HAVE - WE, WE DO, UH, WE'LL SEE.
WE HAVE SOMEBODY FOR SPEAKING.
DOES THE APPLICANT HAVE ANYTHING TO SHARE WITH US IN ADDITION? IS THERE ANYTHING YOU WOULD LIKE TO SHARE WITH US? UH, IF SO, UH, WE NEED TO COME UP TO BE SWORN IN.
AND SO, UH, I THINK WE DO HAVE SOMEONE FROM THE PUBLIC.
UH, IS IT ZORLIN? OH, WILL YOU COME AND GIVE US YOUR NAME? GOOD MORNING.
MY NAME IS SURILU DIAZ BONILLA.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH SO HELP YOU GOD ON ALL MATTERS BEFORE US? YES, I DO.
WHAT WOULD YOU LIKE TO SHARE WITH US? WELL, UM, MY NAME IS SURILU DIAZ BONILLA.
I LIVE AT 15165 RUSSELL DRIVE IN ANCORN, VIRGINIA.
I AM A NEIGHBOR OF MR. SISIONI AND, UM, I HAVE A GOOD RELATIONSHIP, I BELIEVE.
UM, MY NAME IS RULU DIAS BONILLA.
I LIVE AT RUSSELL DRIVE, AND IT HAS BEEN MY PRIMARY AND PERMANENT RESIDENCE FOR ABOUT SIX YEARS.
SO MY PROPERTY IS DIRECTLY ADJACENT TO MR. AND MRS. SISIONE'S PROPERTY.
MORE SPECIFICALLY, IT'S THE PROPERTY TO THE RIGHT OF THE LOT.
SO IF YOU'RE LOOKING AT THE WATER, IT'S ON THE RIGHT HAND SIDE.
SO I HAVE A LOT AND THEN MY HOUSE.
UM, IT IS THE LOT WHERE THEY HAVE THEIR RV ON.
I AM HERE TO JUST RAISE A COUPLE OF QUESTIONS, UH, SOME POINTS TO MAKE.
I'M NOT SURE, BUT I DIDN'T RECEIVE A LETTER IN THE MAIL, UM, RESCHEDULING THIS MEETING.
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TO THE LAST MEETING IN OCTOBER AND I JU - I FOUND OUT BY LOOKING AT THE NEWSPAPER THAT THERE WAS A RESCHEDULED MEETING, SO I DIDN'T HAVE TIME TO DO MY RESEARCH.UM, SO BASICALLY VERY SIMPLE THREE POINTS.
ONE IS, HOW CAN CONSTRUCTING 10 FOOT INTO THE CHESAPEAKE PRESERVATION AREA BUFFER AFFECT THE QUALITY OF OUR NEIGHBORHOOD'S WATER? BUT I SAW THAT YOU'RE GONNA BE, UM, PUTTING IN.
IT'S GONNA BE BROUGHT IN, RIGHT? SO, UM, I'M SURE THERE ARE MITIGATION PLANS TO HELP WITH THIS.
UM, MY CONCERN IS MORE ABOUT THE SHORELINE EROSION AND HOW THIS CAN HAVE ANY EFFECTS ON THE LIVING SHORELINE.
I HAD SOME WORK DONE TO MY PROPERTY AS WELL, AND WE CAN SEE HOW HEALTHY THE SHORE, THE LIVING SHORELINE IS.
THOSE ARE JUST SOME CONCERNS, BUT I'M SURE THAT HE HAS THE PROPER MITIGATION PLANS FOR THAT.
UM, THE OTHER CONCERN I HAVE IS, COULD THIS CREATE AN OVERCROWDING OF BUILDINGS ALONG THIS COASTLINE, WHICH LEADS ME TO ASK THE QUESTION, WILL THE RV REMAIN WHERE IT IS NOW OR WILL IT NEED TO BE MOVED? BUT I THINK IT WAS ANSWERED BECAUSE THERE'S GONNA BE A BUFFER.
UM, I'M NOT SURE HOW TALL THE ACCESSORY BUILDING WILL BE, BUT WOULD THEY CONSIDER USING MORE DISCRETE LIGHT OPTIONS, POSSIBLY DOWNLIGHTING TO MINIMIZE LIGHT POLLUTION AND PRIVACY CONCERNS? UM, PRESENTLY THERE IS A MOTION SENSOR FLOODLIGHT, WHICH IS FINE, BUT IT ILLUMINATES MY WHOLE HOUSE AND THE, THE BACKYARD AND THE WATER.
SO MAYBE WITH THE ACCESSORY BUILDING, IF THEY COULD CONSIDER DOWNLIGHTING, YOU KNOW.
AND, UM, AT THE LAST MEETING AND AT THIS MEETING, I HEARD THAT MR. SISIONE IS WORKING WITH DREW AT HORCO, GREAT, WITH MITIGATION PLANS, BUT I WAS WONDERING IF IT COULD BE APPROPRIATE TO, UM, PLANT NATIVE TREES MAYBE ALONG THE PROPERTY LINE TO CREATE SOME KIND OF PRIVACY BETWEEN OUR BACKYARDS AND WE COULD WORK TOWARDS THAT AND TO REDUCE ANY ENVIRONMENTAL IMPACTS.
DOES IT, ANYONE HAVE QUESTIONS FOR...
SINJIN, IS THERE ANYTHING YOU'D LIKE TO RESPOND ON THAT? AND THEN WE'LL SEE IF THE APPLICANT HAS ANY.
I MEAN, I DON'T REALLY THINK THERE'S ANYTHING TO ADD FOR US.
I MEAN, THE MITIGATION IS, YOU KNOW, WHATEVER MR. SISIONE WANTS TO DO TO HELP WITH THAT, PERFECTLY FINE WITH US.
UM, AND AS FAR AS, YOU KNOW, AS FAR AS THE LIGHT, YOU KNOW, IT, THAT'S COMPLETELY, YOU KNOW, BETWEEN THEM.
UH, A QUICK QUESTION, SINJIN, CONCERNING THE LIGHTS, ISN'T THAT SOMETHING THAT NORMALLY A HOMEOWNER'S ASSOCIATION FALLS ON? UH, MOST OF THE TIME IT ENDS UP BEING A CIVIL MATTER IF, IF THE LIGHT OR, YOU KNOW, NOISE IS ANOTHER GOOD EXAMPLE.
UM, USUALLY THAT'S A CIVIL MATTER, WHICH COULD BE HANDLED THROUGH AN HOA.
I'LL JUST MAKE A COMMENT THAT IF, IF THE TWO LOTS WERE ONE, A SPECIAL USE PERMIT WOULD NOT BE REQUIRED.
RIGHT, BECAUSE AT THAT POINT, AT THAT POINT, WE WOULD, IT WOULD BE AN ACCESSORY STRUCTURE WITH A PRIMARY.
SO WE WOULD, WE, WE WOULDN'T NECESSARILY HAVE TO COME HERE.
THE ONLY REASON THE SPECIAL USE IS NECESSARY IS BECAUSE THAT'S - TECHNICALLY, THERE'S A, A LOT UNTO ITSELF - CORRECT.
EVEN THOUGH HE OWNS BOTH LOTS.
YEAH, THAT'S, THERE'S A PROPERTY LINE THERE.
UM, AND I CAN ADD A FEW THINGS.
THE, UH, THE SHORELINE IN, ON THIS PARCEL IS BULKHEADED, UM, SO I DON'T THINK THERE'S GONNA BE ANY PROBLEM WITH EROSION, OBVIOUSLY, AS LONG AS THE BULKHEAD IS INTACT, WHICH RIGHT NOW IT IS INTACT BECAUSE WE'VE HAD A RECENT WETLANDS, UH, PERMIT THERE.
SO I'VE BEEN OUT TO THE SITE A FEW TIMES FOR THAT PURPOSE.
AND WE DO HAVE A, UH, CODE SECTION IN THE ZONING ORDINANCE, UM, THAT DEALS WITH OUTDOOR LIGHTING.
IT'S SUPPOSED TO BE DESIGNED AND MAINTAINED TO PRESENT EXCESSIVE LIGHT SPILLAGE AND GLARE ON ADJACENT PROPERTIES.
SO, UM, WE CAN TALK TO MR. SISIONE ABOUT THAT AND MAKE SURE THAT WE DON'T HAVE EXCESSIVE LIGHT SPILLAGE ONTO ADJAC - ON, ONTO THE ADJACENT PARCEL HERE.
ARE, ARE THERE ANY ADDITIONAL QUESTIONS FOR SYNGEN? I'LL MAKE A MOTION.
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YES, I DO.YOU'RE GONNA HAVE TO COME AND BE SWORN IN THEN.
WOULD YOU GIVE US YOUR NAME? AL SICIONI.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD ON ALL MATTERS BEFORE? I DO.
WHAT WOULD YOU LIKE TO SHARE WITH ME? UH, IN PENNSYLVANIA WHERE I COME FROM, WE'RE USED TO DAILY, DAILY SHOOTINGS AND STABBINGS.
OUR PROPERTIES BACK IN HAZELTON, PA, ARE ALWAYS WELL LIT, INCLUDING ALL MY BUSINESSES.
UM, IF I WOULD'VE BEEN AWARE OF THIS, I WOULD'VE SHUT THE LIGHT DOWN.
NO, THAT, THIS IS A NON-EVENT FOR ME.
I COULD, I HAVE FLOOD LIGHTS THAT ARE MOTION ACTIVATED ON BOTH SIDES OF THE SHED.
THE SHED'S GOING AND THE LIGHTS ARE GOING WITH IT.
SO I CAN DIS - IT'S, FOR ME, IT'S A MUTE POINT.
OH, AND, AND ALSO AS FAR AS THE...
I HAD A ROW OF SHRUBBERY AND TREES THAT WERE ALONG THIS WHOLE LOT WHEN I CLEARED IT.
THE WIND AND THE RAIN AND THE SOIL, THEY ALL GOT PUSHED OVER.
THERE MUST HAVE BEEN MAYBE 20 TREES IN THIS BARRIER.
I CAN'T GROW GRASS FOR GOD'S SAKE, LET ALONE...
SO I, IT, IT'S HARD TO GROW STUFF IN THIS AREA.
UH, I MOVE THAT THE ACCOMACK COUNTY BOARD OF ZONING APPEALS APPROVE SUSE000154 - 2026, A SPECIAL USE PERMIT PURSUANT TO ACCOMACK COUNTY CODE SECTION 106-78A12 FOR ANY USE OF LAND AND/OR PERMANENT OR TEMPORARY LOCATION OF ANY TYPE OF BUILDING OR FACILITY THEREON WHICH IS NOT SPECIFICALLY PERMITTED WITHIN THIS CHAPTER FOR TAX PARCEL 83B-2-D-3 WITH THE NINE CONDITIONS RECOMMENDED BY STAFF.
DO WE HAVE A SECOND ON THAT MOTION? SECOND.
IT'S BEEN PROPERLY MOVED AND SECOND.
DO WE HAVE ANYONE MAKE A MOTION ON THE...
UH, SO THEY'RE, THEY'RE SEPARATE.
SO YOU'D MAKE A MOTION ON THE, UH, 175 AS WELL.
S- SO THIS IS PENDING THE, UH, MITIGATION PLAN PRESENTED TO US? YEAH.
SO, I MEAN, THE MITIGATION PLAN IS, IS WHAT HE WOULD HAVE TO DO WITH THIS.
I MOVE THAT THE ACCOMACK COUNTY BOARD OF ZONING APPEALS APPROVE APPL-000175 - 2026, AN EXCEPTION FROM ACCOMACK COUNTY CODE SECTION 106-389 TO ALLOW FOR THE PLACEMENT OF A 16 BY 32 SHED THAT ENCROACHES 10 FEET WITH 160 SQUARE FEET AREA OF RESOURCE IN THE RESOURCE PROTECTION AREA.
CAN I ASK A QUESTION BEFORE? SHOULD IT SAY SOMETHING ABOUT THE MITIGATION PLAN IN THERE, OR IS IT JUST ASSUMED? I MEAN, I MEAN, ALLOWING THE ENCROACHMENT, I THINK, INCLUDES THE, THE, THE MITIGATION PLAN.
BUT PROPERLY MOVED AND SECOND.
AND YOU DON'T HAVE TO STAY IF YOU DON'T WANT TO.
CAN I, CAN I GET A COPY OF THE RULES? YEAH.
WE'LL, WE'LL SEND YOU AN, UH, AN APPROVAL LETTER THAT HAS ALL THAT ON THERE.
YEAH, I WON'T REMEMBER ALL THAT.
YEAH, YOU'LL GET IT WITHIN, LIKE, ANOTHER WEEK.
OKAY, SO THE NEXT CASE IS, UH, HAMPTON ROAD SANITATION DISTRICT.
THERE'S A FRONTAGE VARIANCE IN THE AGRICULTURAL DISTRICT.
APPLICANT OWNER ABOTS, UH, HRSD.
THIS IS LOCATED AT, UH, 23656 NORTH STREET.
UM, DISTRICT SEVEN, UH, IS JACKIE PHILLIPS.
APPROXIMATELY SEVEN ACRES, UH, ZONED AGRICULTURAL, AND IT IS A, UH, REQUEST FOR A FRONTAGE VARIANCE.
FUTURE LAND USE RECOMMENDATION IS AGRICULTURAL.
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ARE COMMERCIAL/INDUSTRIAL IN NATURE.UM, ADJACENT ZONINGS ARE AGRICULTURAL AND TOWN OF AN ANCOCK.
OF COURSE, AND AROUND THIS, WE HAVE, UH, SINGLE FAMILY DWELLINGS AND, UH, COMMONWEALTH, WHICH IS AN ASSISTED LIVING FACILITY.
SO HERE'S THE PROPERTY, ZONE AGRICULTURAL.
FUTURE LAND USE IS ALSO AG, UH, LOCATED IN A FLOOD ZONE, BUT THE, THE ACTUAL LOCATION OF THE, UM, CONEX BOXES ARE NOT GOING TO BE LOCATED IN THE FLOOD ZONE.
AND OF COURSE, IT'S NOT GONNA BE LOCATED IN THE RPA.
SO WHILE THE PROPERTY HAS IT, CONTAINERS ARE GOING MORE OR LESS IN THIS LOCATION HERE.
THERE'S SOME PICTURES OF THE SITE.
OF COURSE, THIS IS NORTH STREET, UH, GOING TOWARDS TOWN ROAD, GOING NORTH.
THIS IS, UH, NORTH STREET GOING TOWARDS AN ANCOCK.
AND THEN, UH, WE HAVE THIS, UH, FENCE ON THE OTHER SIDE OF THE FENCE.
YOU CAN SEE WHERE THE, UM, THE FOUNDATIONS FOR...
THAT THE CONEXES ARE GONNA SIT ON ARE GOING TO BE, SO YOU CAN SEE THEM RIGHT THERE.
THEN THIS IS A BLOWN UP VERSION OF THE SITE.
UM, THEY ARE ASKING FOR, UM, A VARIANCE HERE, UH, WHICH COMES OUT TO APPROXIMATELY 26 FEET.
AND THIS IS, UM, THE ENTIRE SITE.
YOU CAN SEE THE CONEXES ARE RIGHT HERE.
SO, UH, CONSIDERATIONS FOR VARIANCE APPLICATIONS.
NUMBER ONE, STRICT APPLICATION/UNREASONABLE RESTRICTION VERSUS ALLEVIATING HARDSHIP FROM A PHYSICAL CONDITION.
THE ANSWER IS NO, THE PROPERTY COULD STILL BE USED AS A SANITATION FACILITY WITHOUT GRANTING THE VARIANCE.
WHILE THERE IS RPA AND FLOODPLAIN ON THE PARCEL, THE CONTAINERS COULD BE MOVED TO A LOCATION WHERE A VARIANCE IS NOT REQUIRED.
THEY COULD ALSO BE MOVED SO THAT LESS OF A VARIANCE IS REQUIRED.
UH, NUMBER TWO, GOOD FAITH ACQUISITION AND NOT A SELF-CREATED HARDSHIP.
UH, IT IS THE APPLICANT'S DECISION TO PLACE A STRUCTURE IN A LOCATION WHERE A VARIANCE IS REQUIRED.
THAT, BY DEFINITION, IS A SELF-CREATED HARDSHIP.
NUMBER THREE, SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTIES.
THE VARIANCE IS FOR FRONT SETBACK AND WITH A S - UH, WITH A SCREENED FENCE ALONG THIS BOUNDARY, SO THE VARIANCE WOULD NOT, UH, NECESSARILY AFFECT ANY NEARBY PROPERTY OWNERS.
NUMBER FOUR, GENERAL OR RECURRING NATURE TO AMEND ORDINANCE TO ALLEVIATE THE SITUATION.
THE ANSWER IS NO, THIS REQUEST IS SPECIFIC TO THIS CASE.
UH, NUMBER FIVE, RESULT IN A USE NOT OTHERWISE PERMITTED/WOULD THE PROPERTY NEED TO BE REZONED? THE ANSWER IS NO.
THIS USE WOULD OTHERWISE BE ALLOWED BY RIGHT.
UH, NUMBER SIX, IS THE REMEDY SOUGHT AVAILABLE THROUGH SPECIAL EXCEPTION? UH, NO, THERE IS NO OTHER PROCESS AVAILABLE TO HANDLE THIS REQUEST.
UM, UTILITIES, OVERHEAD UTILITIES ARE ALONG NORTH STREET.
OF COURSE, AS FAR AS, AS FAR AS OTHER UTILITIES, WE HAVE A SANITATION PLAN THAT'S THERE.
UH, TRANSPORTATION OF STREETS, NORTH STREET IS A STATE-MAINTAINED SECONDARY ROADWAY.
IT IS AN AVERAGE CONDITION, PROBABLY APPROACHING GOOD CONDITION.
ENVIRONMENTAL, THE PROPERTY HAS RPA AND FLOODPLAIN RESTRICTIONS, HOWEVER, THE SITE DOES NOT HAVE THESE RESTRICTIONS.
UM, PUBLIC COMMENTS/ADDITIONAL INFORMATION.
NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS AND TO THE TOWN OF HANCOCK PER STATE LAW.
AS A PREPARATION OF THIS SLIDE DECK, NO PUBLIC COMMENTS BEEN RECEIVED.
I DID RECEIVE A, UM, ONE LETTER, UM, AGAINST THIS PROJECT AFTER THE FACT.
THE APPLICANT INTENDS TO PLACE TWO CONEX BOXES ON THE PARCEL.
UH, THE LOCATION OF THE CONEX BOXES WILL REQUIRE A VARIANCE FROM THE FRONT SETBACK, AND THIS IS A SELF-CREATED HARDSHIP.
STAFF DOES NOT NORMALLY MAKE RECOMMENDATIONS ON VARIANCE CASES.
HOWEVER, THE APPLICANT HAS NOT MET THE THRESHOLD OF APPROVAL FOR THE VARIANCE.
UH, SHOULD THE BZA APPROVE THE VARIANCE, THE STAFF RECOMMENDS THE FOLLOWING CONDITIONS.
UH, NUMBER ONE, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION PLOT PLAN AS SUBMITTED.
NUMBER TWO, THE APPLICANT SHALL APPLY FOR A BUILDING PERMIT AND COMPLY WITH THE RELEVANT COUNTY HEALTH DEPARTMENT AND VDOT REGULATIONS.
NUMBER THREE, THE APPLICANT SHALL STAKE THE PROPERTY CORNERS OF THE PROPERTY AND THE PROPOSED LOCATION OF THE ACCESSORY STRUCTURES.
THIS MUST BE STAKED BY A LICENSED SURVEYOR.
NUMBER FOUR, THE APPLICANT SHALL ALLOW THE COUNTY TO MAKE INSPECTIONS OF THE SITE UNTIL A CERTIFICATE OF COMPLETION IS ISSUED.
AND NUMBER FIVE, A VIOLATION OF ANY OF THESE CONDITIONS SHALL RENDER THE SPECIAL...
OR EXCUSE ME, RENDER THE VARIANCE NULL AND VOID.
I CAN ANSWER ANY QUESTIONS YOU HAVE.
I BELIEVE THE APPLICANT'S HERE AS WELL.
IT ALSO IS GONNA REQUIRE A SCREEN FENCE AROUND THEM? THE SCREEN FENCE IS THERE.
UM, FOR US, WE DON'T REQUIRE SCREEN FENCE, BUT MY UNDERSTANDING IS THAT'S WHAT IS GOING TO BE ON THE PROPERTY.
SO THERE IS A VISUAL BREAK, IS WHAT WE WERE TRYING TO SAY.
[00:30:01]
THERE.BUT IT'S NOT PART OF THE REQUIREMENTS BECAUSE - NO, NOT, NOT, NOT FOR US.
ANY OTHER QUESTIONS FOR CINDY? DOES THE APPLICANT WISH TO SPEAK? YOU, YOU DON'T HAVE TO.
I MEAN, IF YOU WANT TO SPEAK TO - WELL, I JUST WANTED TO SAY THAT, UM - YOU'VE GOT TO COME UP AND BE SWORN IN FIRST.
WOULD YOU GIVE US YOUR FULL NAME? MY NAME'S ROBERT BUSICK.
OKAY, SO YOU'RE SPEAKING ON BEHALF.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH? I DO.
SO HELP YOU GOD ON ALL MATTERS BEFORE US? YES, SIR.
WHAT WOULD YOU LIKE TO SHARE, MA'AM? I JUST WANTED TO SAY THAT THE, UM, THE CONEX BOXES ARE FOR STORAGE FOR OUR SPARE PARTS AND EVERYTHING.
THE SHOP THAT'S ON THE PROPERTY IS, IS LOW IN THE GRADE AND IT FLOODS AND, UH, WE'RE JUST TRYING TO KEEP PUMPS AND STUFF FROM OUT OF THE, OUT OF THE ELEMENTS AND EVERYTHING AND JUST UP IN A DRY LOCATION.
AND, UM, WE, THAT'S REALLY THE ONLY PURPOSE OF THIS AT ALL.
AND IT'S PROBABLY, UM, MORE THAN LIKELY JUST A SHORT TERM TEMPORARY PLACEMENT OF SPARE PARTS UNTIL WE CAN GET AN OFFSITE OP- OPERATION CENTER TO STORE OUR PARTS AT.
SO THERE'S NOT REALLY A GOOD FOOTPRINT THERE, BUT THERE IS GONNA BE AN, ANOTHER DOWN THE ROAD, UM, EXPANSION ON THE PLANT SITE FOR A DIGESTER.
BUT I THINK THAT'S IN THE, THE DRAWINGS AND, AND SUBMITTALS HAVE ALREADY BEEN IN FOR THAT.
IT'S JUST A PLACE TO PUT SOME SPARE PARTS FOR A SHORT TIME.
UM, IF WE WERE TO PUT A TIMEFRAME ON THIS, WHAT DO YOU THINK IT WOULD BE? FOR THE, THIS SHORT WINDOW OF TIME? MM-HMM.
UM, PROBABLY AROUND TWO YEARS, HONESTLY, TO, UM, LET THE PROJECT FOR DIGESTER GO AWAY.
AND, AND BE FINALIZED SO WE CAN HAVE A PLACE TO PUT THINGS.
ANY OTHER QUESTIONS? I DON'T, THAT'S A GUESS ON MY PART BECAUSE - RIGHT, RIGHT.
DON'T KNOW HOW LONG THAT PROJECT'S GONNA TAKE, BUT - RIGHT.
IT SHOULDN'T TAKE MORE THAN THAT, I WOULDN'T THINK.
THAT'S JUST A OVERESTIMATE ON MY PART.
UM, ACCORDING TO THE SITE PLAN, YOU NEED A VARIANCE FROM THE FRONT SETBACK.
IS THERE ANY WAY THAT YOU COULD KINDA SHIFT IT OVER A LITTLE BIT TO HELP WITH THAT VARIANCE? UH, WE'RE JUST TRYING TO, UM, STAY AS, AS FAR AWAY FROM ANY WORK THAT WILL BE DONE.
AND, UM, THERE IS SOME PIPE WORK THAT'S IN THE GROUND TOO ON THE PLANT SITE.
SO WE JUST DIDN'T WANNA GET ON TOP OF ANYTHING THAT MAY HAVE TO BE ACCESSIBLE.
UM, AND I JUST ADD JUST QUICKLY HAVING PAUL WATSON ON - UH-HUH.
THE, THE PARTICULAR LOCATION OF THESE CONEX BOXES, IT, IT IS A LITTLE DIFFICULT BECAUSE THEY ARE PLANNING ADDITIONAL CONSTRUCTION THERE AND THEY NEED, UH, THE OTHER AREA THAT THESE CONEX BOXES MAY, OR THE PERMANENT STRUCTURE MAY GO IN THE FUTURE, IT ARE, IS LIMITED BY THEIR PRESENT CONSTRUCTION PLANS AND HOW THEY WANNA USE THESE AREAS IN THE MEANTIME.
AND SO THERE'S REALLY NO OTHER SPOT IF YOU ELIMINATE THAT SPOT TO PUT THESE BOXES.
LEE? UH, LEE PAM, A DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT AND THE DESIGNATED ZONING ADMINISTRATOR.
UM, MR. WATSON ACTUALLY SAID WHAT I WAS GONNA SAY IN THAT THERE REALLY IS NO GOOD SPOT ON THE SITE TO PUT THIS, GIVEN THE CONSTRAINTS BOTH ENVIRONMENTALLY AND FOR THE, UH, FUTURE EXPANSION OF THE, UH, PLAN ITSELF.
UM, UH, WE HAVE RECEIVED A CONDITIONAL USE PERMIT APPLICATION FOR THE EXPANSION OF ESSENTIALLY A SEWER TREATMENT PLANT, WHICH IS, UH, AGAIN, A, A CONDITIONAL USE PERMIT IN THAT ZONING DISTRICT.
I'D ALSO LIKE TO ADD THAT THIS IS ALSO, IT, IT'S A PUBLIC USE AND IT, IT, UH, UH, IT, IT SERVES, UM, MORE THAN JUST THE TOWN OF NANCOCK.
IT SERVES AREAS OUTSIDE OF THE, UH, UH, IN, INTO THE UNINCORPORATED AREAS OF THE COUNTY.
BUT, UM, UH, YOU KNOW, AGAIN, TO, TO, UH, UH, REITERATE MR. WATSON'S POINT, BECAUSE OF THE ENVIRONMENTAL CONSTRAINTS, THE PENDING CONSTRUCTION FOR THE, FOR THE PLANT MODIFICATIONS, UH, UH, THERE REALLY IS NO OTHER GOOD SPOT FOR THIS, UH, FOR, FOR, FOR THESE TWO, UH, TEMPORARY CONEX BOXES.
FORTUNATELY, THEY ARE TEMPOR - OR THEY ARE CONEX BOXES.
THEY CAN BE REMOVED AT SOME POINT IN THE FUTURE, BUT, UH, UH, I THINK THAT THERE ARE SOME POINTS TO, UH, TO CONSIDER
[00:35:01]
WITH REGARDS TO ALLOWING THIS.UM, SO WOULD IT BE APPROPRIATE TO PUT AN ELEMENT OF FINALITY TO THIS VARIANCE OR NOT? I THINK THAT, UH, IF, IF YOU WERE TO DO THAT, YOU COULD TIE IT TO THE, UH, TO THE CERTIFICATE OF OCCUPANCY OF THE, OF THE PLANT MODIFICATIONS THEMSELVES SO THAT AT LEAST THAT'S HAPPENING, YOU KNOW, THAT, THAT THEY'VE GOT THAT EXTRA SPACE THROUGH, UH, YOU KNOW, THROUGH CONSTRUCTION.
UH, THAT'S NOT TO SAY THAT THERE MIGHT BE SOME, SOME OTHER CONSTRUCTION THAT, UH, THEY MIGHT APPLY FOR IN THE FUTURE.
WE HAVE BEEN TOLD THAT THIS IS WHAT THEY'RE APPLYING FOR NOW, BUT IF YOU WERE TO DO THAT, I WOULD SUGGEST THAT YOU TIE IT TO THE CERTIFICATE OF OCCUPANCY OF THAT PLANT, WHICH MAY BE, YOU KNOW, A COUPLE YEARS IN THE MAKING AS THE APPLICANT HAD SAID.
THE, THE SITE, UH, YOU KNOW, IT, IT FUNCTIONS A LOT LIKE A CORPORATION YARD FOR LIKE, YOU KNOW, FOR, FOR ALL INTENTS AND PURPOSES.
THE, YOU KNOW, WHEN, WHEN HRSD, UH, UH, UH, ACQUIRED THE SITE FROM THE TOWN OF ANANCOCK, BASICALLY YOU SEE WHAT YOU GET, UH, YOU KNOW, UH, OR, OR YOU GET WHAT YOU SEE.
IT, IT, IT'S, UH, IT, IT, IT'S ALWAYS KIND OF FUNCTIONED AS A PUBLIC USE AND, UH, WITH THAT YOU GET STORAGE AND YOU GET, UM, YOU KNOW, VEHICLES AND THAT KIND OF THING IN, UH, IN, IN AREAS THAT MIGHT NOT NECESSARILY BE DESIGNATED FOR THAT.
BUT THERE, THERE'S, I THINK THERE'S A CASE TO BE MADE HERE.
BEFORE WE MOVE ON, I JUST WANNA MAKE SURE YOU GUYS HAVE THE LETTER THAT I TALKED ABOUT IN THE MEETING.
AND AS WE PREPARE FOR THE PUBLIC HEARING, UH, YOU HAVE FOUR MINUTES TO, TO SPEAK.
AND WHEN YOU COME FORWARD, WE NEED YOU TO GIVE YOUR FULL NAME, BE SWORN IN, AND THEN, UH, SHARE WITH US WHAT YOU WOULD LIKE.
WOULD YOU GIVE US YOUR FULL NAME? UH, THOMAS J.
DO, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD, ON ALL MATTERS BEFORE US? I CERTAINLY DO.
WHAT WOULD YOU LIKE TO SHARE WITH US? UH, I, I, IT'S, I GUESS IT'S A LITTLE OFF FROM THE CONEX BOXES, UH, THOUGH I WOULD HAVE LIKED TO HAVE SEEN ON THE SITE PLAN HOW BIG THEY WERE AND WHAT THEY LOOK LIKE.
UH, MY CONCERN IS THAT THE ZONING WAS AGRICULTURAL AND LONG AGO IT WAS TURNED INTO A SANITARY SEWER SYSTEM.
AND, UH, DON'T HAVE ANY ISSUES WITH THAT.
UH, BUT IT WAS FOR THE TOWN OF ONANCOCK AND NOW IT'S GONE REGIONAL.
AND AS IT GOES REGIONAL, THE NOISE, THE LIGHTS AND SO FORTH, AND THE LOOK OF IT IS GOING TO CHANGE.
IT'S BASICALLY AN INDUSTRIAL SITE RIGHT NOW, AND IT'S GOING TO GET MORE INDUSTRIAL LOOKING.
AND RIGHT WHERE THEY PUT THE CONEX BOX, THERE WAS A VEGETATIVE BUFFER THERE OVER TWO MONTHS AGO, AND NOW THAT VEGETATIVE BUFFER HAS BEEN ALL WIPED OUT.
SO TO PUT IN A SCREEN, WHICH IS A CHAIN LINK SCREEN WITH A BARBED WIRE ON TOP, THE NEIGHBORS ACROSS THE STREET FEEL LIKE IT'S MORE LIKE A PRISON LOOKING, UH, FACILITY, NOT THE QUAINT TOWN OF ONANCOCK AND ITS HISTORICAL VALUE.
SO I THINK AS THEY COME BEFORE THIS BOARD, THERE'S A, THE PROXIMITY DOESN'T CHANGE FOR THE NEIGHBORHOOD, AND THE RESIDENTS HAVE TO DEAL WITH THE LIGHTS AND THE NOISE AS THEY INCREASE.
UH, WE'RE ALL FOR INCREASED QUALITY OF WATER AND UPGRADING OF THE ENGINEERING, BUT THE, UH, THE VISUAL AND THE NOISE BECOME A THING THAT WE SHOULD HAVE BUFFERS.
UH, THEY WANNA PUT SOMETHING ALONG THE FRONT, AND IT SHOULD BE A DECORATIVE BUFFER, NOT A CHAIN LINK FENCE WITH LITTLE PLASTIC STRAP, UH, S - UH, S- S - PIECES IN IT.
UH, SO THAT'S MY, THAT'S MY COMMENT THAT I FEEL LIKE ANY FUTURE, UH, EXPANSION ON THIS SUPPOSEDLY AGRICULTURAL SITE, THEY PROBABLY SHOULD GO GET IT REZONED.
AND, UH, SO THEY WOULDN'T HAVE TO COME FOR CONDITIONAL USES, BUT DURING THAT, UH, AND IF IT IS A CONDITIONAL USE, THEN CONDITIONS SHOULD BE PUT ON THERE TO MITIGATE FOR THE SURROUNDING NEIGHBORHOOD.
UH, PETE? NO, WE, UH, WE BACK UP TO THOMAS.
WHAT'S THE FUTURE LAND USE FOR THIS? I'M FAIRLY CERTAIN FUTURE LAND USE WAS
[00:40:01]
AG.UH, UH, JUST A COUPLE OF POINTS.
SO, UH, YOU KNOW, UH, MR. GALE ALSO SITS ON THE PLANNING COMMISSION, SO HE'S GOING TO BE, UH, SEEING THIS PIECE OF PROPERTY AGAIN ALONG WITH THE REST OF THE PLANNING COMMISSION AS HRSD MOVES THROUGH THE CONDITIONAL USE PERMIT PROCESS.
BUT I JUST WANTED TO LET, UM, BOTH THE, UH, THE AUDIENCE KNOW AS WELL AS THE BOARD OF ZONING APPEALS THAT I'VE, THAT I'VE HEARD THE COMMENTS AND THAT, UH, YOU KNOW, WE HAVE THE OPPORTUNITY TO, UH, TO FORWARD THOSE CONCERNS TO THE PLANNING COMMISSION AS THE, UM, AS THE CONDITIONAL USE PERMIT IS PROCESSED, THEN EVERYONE'S GONNA GET ADJACENT OWNER NOTICES AGAIN.
SO YOU'RE G - YOU'RE GONNA SEE ANOTHER LETTER FROM THE COUNTY ON, UH, ON THAT, ON THAT OTHER APPLICATION.
FOR THE PURPOSES OF, OF THIS CASE, WHICH IS A VARIANCE JUST FOR THE FRONT YARD SETBACK, UH, YOU KNOW, IT, IT'S, IT'S POSSIBLE FOR YOU ALL TO PUT CONDITIONS ON THERE, BUT I WOULD SUBMIT THAT THE CONDITIONS THAT WE'RE TALKING ABOUT WOULD, WOULD ACTUALLY BE MORE APPROPRIATE AND, UM, AND, UH, UH, NOT, THAT, THAT THEY WOULD BE MORE APPROPRIATE TO BRING UP WITH THE CONDITIONAL USE PERMIT.
THESE ARE JUST CONEX BOXES, OF COURSE, WE'RE TALKING ABOUT, UH, ADDITIONAL MODIFICATIONS TO THE SEWER PLANT.
UM, THAT OF COURSE GOES ALL THE WAY TO THE BOARD OF SUPERVISORS.
ON THE POINT THAT THIS IS ZONED AGRICULTURAL, PUBLIC WA - PUBLIC, UH, UH, WATER AND SEWER PLANTS ARE ALLOWED IN AG, UH, AND MOST ZONING DISTRICTS, THEY'RE ACTUALLY BY CONDITIONAL USE PERMIT.
I THINK THAT YOU'D HAVE TO GO ALL THE WAY TO SOMETHING LIKE BUSINESS OR INDUSTRIAL FOR THAT TO NOT BE.
BUT, UM, YOU KNOW, GIVEN THE, GIVEN THE LOCATION OF IT WITH, UH, WITH, UM, UH, UH, WITH A LOT OF RESIDENTS AROUND, I WOULD SUGGEST THAT THE, THE AG ZONING STAY IN PLACE SO THAT IT IS ACTUALLY BY CONDITIONAL USE PERMIT IF THERE ARE ANY OTHER CHANGES.
IF THIS WAS A BY RIGHT USE, THEN THE PUBLIC, UH, YOU KNOW, ADJACENT OWNERS WOULD HAVE TO ESSENTIALLY, YOU KNOW, ACCEPT THAT PROCESS THAT THEY COULD COME IN, THAT THE APPLICANT COULD COME IN AND, UM, AND IF THEY CHECK ALL THE BOXES, THEN THEY WOULD BE ALLOWED TO DO WHAT THEY DO.
SO HAVING IT BY CONDITIONAL USE PERMIT ACTUALLY AFFORDS THE PUBLIC AN OPPORTUNITY TO, UH, TO, TO COMMENT AND TO, UH, UH, UH, OBSERVE THE, THE, THE HIGHER LEVEL OF SCRUTINY THAT AN APPLICATION LIKE THAT WOULD RECEIVE.
IF THERE ARE NO ADDITIONAL QUESTIONS, ARE WE READY TO MAKE A, A MOTION? YEAH, I'LL MAKE THE MOTION.
I MOVE THAT THE ACCOMACK COUNTY BOARD OF ZONING APPEALS APPROVE VAR-000179-2026 FOR A VARIANCE OF 26 FEET FROM THE 50-FOOT FRONT SETBACK REQUIREMENT PURSUANT TO ACCOMACK COUNTY CODE SECTION 106-56 ON TAX PARCEL 85 - 2-5 WITH THE FIVE CONDITIONS RECOMMENDED BY STAFF.
GIVE THEM SOME TIME TO GET OUT.
SO, UH, MOVING RIGHT ALONG, THIS IS, UH, SUSC 171, 2026.
THIS IS TEMPORARY HABITATION ON IVORY, AND THIS IS, UH, LEONARD HEINBAUGH.
APPLICANT'S MIS - UH, MR. HEINBAUGH, AMANDA HEINBAUGH, IS THE PROPERTY OWNER.
UH, THIS PROPERTY'S LOCATED AT, UH, 111-1-C1 OR, UH, 32020 LANGFORD HIGHWAY NEAR PAINTER.
UM, APPROXIMATELY ONE ACRE, ZONED AGRICULTURAL, FUTURE LAND USE RECOMMENDATIONS, ALSO AGRICULTURAL.
UH, CURRENT AND PROPOSED USES ARE RESIDENTIAL IN NATURE.
UM, ADJACENT ZONINGS ARE ALSO AGRICULTURAL AND ADJACENT USES ARE SINGLE FAMILY RESIDENCES, AND WE ALSO HAVE SOME VACANT FARMLAND.
THIS IS THE SITE, ZONED AGRICULTURAL.
FUTURE LAND USE IS ALSO AGRICULTURAL, NOT IN A FLOODPLAIN, NOT IN AN RPA.
[00:45:01]
SO THESE ARE SOME PICTURES OF THE SITE.UM, THESE PICTURES WERE TAKEN AS OF ABOUT A WEEK AGO.
UM, THE RV HAS BEEN REMOVED, SO THEY ARE ASKING TO PLACE THE RV BACK.
UM, THE CAMPER WILL GO BACK IN ITS, IN ITS, UH, ORIGINAL POSITION.
IF APPROVED, IT'S APPROXIMATELY FIVE FEET BETWEEN THE CAMPER AND THE HOUSE.
SO, UM, WE'VE HAD SEVERAL SPECIAL USE PERMIT HEARINGS FOR TEMPORARY HABITATION.
I'M JUST GONNA QUICKLY GO THROUGH THE TIMELINE.
JULY 6TH, 2021, THE APPLICANT PURCHASED THE PROPERTY WITH THE HOUSE ALREADY DAMAGED BY FIRE.
NOVEMBER 5TH OF 21, VIOLATION NOTICE ISSUED FOR LIVING IN A TRAVEL TRAILER.
JULY 7TH, 2022, THE STOP WORK ORDER WAS ISSUED FOR CONSTRUCTION WORK WITHOUT A PERMIT.
OCTOBER 11TH, 2022, FIRST, UH, CRIMINAL COMPLAINT FOR THE TRAVEL TRAILER.
OCTOBER 19TH, 2022, THERE WAS A BUILDING PERMIT ISSUED FOR RESERVATIONS.
OCTOBER 27TH, 2022, UH, A ROOF INSPECTION HAD PASSED.
OCTOBER 31ST, 2022, FIRST COURT DATE FOR THE FIRST CRIMINAL COMPLAINT FOR THE TRAVEL TRAILER.
UM, DECEMBER 5TH, 2022, SECOND COURT DATE FOR THE FIRST CRIMINAL COMPLAINT FOR THE TRAVEL TRAILER.
THIRD COURT DATE FOR THE FIRST CRIMINAL COMPLAINT FOR THE TRAVEL TRAILER AND THE CASE DISMISSED WITHOUT PREJUDICE.
FEBRUARY 8TH, 2023, ELECTRICAL PERMIT WAS ISSUED.
MARCH 1ST, 2023, UM, THERE WAS A FAILED ELECTRICAL INSPECTION PARCEL PA- PARTIAL PASS ON THE FOOTING.
NOVEMBER 22ND, 2023, FIRST SUP APPLICATION FOR TRAVEL TRAILER STATING HOUSE COMPLETION WAS VERY CLOSE.
JANUARY 3RD, 2024, FIRST SUP GRANTED FOR THE TRAVEL TRAILER.
MAY 28TH, 2024, THE ELECTRICAL PERMIT EXPIRED WITH NO INSPECTIONS PASSED.
UM, JANUARY 1ST, 2025, THE FIRST SPECIAL USE PERMIT EXPIRED AND TRAVEL TRAILER WAS NOT REMOVED.
MAY 29TH, 2025, THE SECOND, UH, SPECIAL USE PERMIT APPLICATION WAS SUBMITTED FOR THE TRAVEL TRAILER.
JULY 9TH, 2025, THE SECOND SUP GRANTED WITH STATEMENT THAT HOUSE WILL BE FINISHED BY CHRISTMAS AND REQUIREMENT THAT THE APPLICANT APPEAR AT THE JANUARY 2026 MEETING TO GIVE A PROGRESS REPORT.
NOVEMBER 28TH, 2025, BUILDING PERMIT EXPIRED WITH NO INSPECTION SINCE MARCH 1ST OF 2023 WITH ONLY ONE PASS INSPECTION AND ONE PARTIAL PASS INSPECTION, WHICH WAS FOOTING.
JANUARY SEVEN, 2026, APPLICANT APPEARED AT THE BZA MEETING WITH NO APPARENT PROGRESS TO REPORT.
UH, MAY AND JUNE 2026, SEVERAL MESSAGES WERE SENT TO THE APPLICANT THAT THE SECOND SUP WAS GOING TO EXPIRE SOON, THAT THE TRAVEL TRAILER MUST BE REMOVED ON EXPIRATION.
JULY 9TH, 2026, THE SECOND SPECIAL USE PERMIT EXPIRED AND THE TRAVEL TRAILER WAS NOT REMOVED.
JULY 10TH, 2026, THE VIOLATION NOTICE WAS ISSUED FOR LIVING IN THE TRAVEL TRAILER.
AUGUST 27TH OF 2026, THE SECOND CRIMINAL COMPLAINT, UH, FOR THE TRAVEL TRAILER, SEPTEMBER 14TH, 2026.
THAT'S THE FIRST COURT DATE FOR THE SECOND CRIMINAL COMPLAINT.
OCTOBER 1ST, 2026, THIRD SPECIAL USE PERMIT APPLICATION WAS SUBMITTED FOR THE TRAVEL TRAILER, AND THE TRAVEL TRAILER WAS REMOVED WITHIN THE NEXT WEEK.
OCTOBER 8TH, 2026, THE APPLICATION FOR A NEW BUILDING PERMIT, UH, BUT NOT ISSUED BECAUSE IT IS INCOMPLETE.
AND, UM, THIS IS NOW IN THE FUTURE.
UM, NOVEMBER 16TH, 2026 IS THE SCHEDULED DATE FOR THE SECOND COURT DATE FOR THE SECOND CRIMINAL COMPLAINT.
SO THIS IS THE THIRD APPLICATION FOR A TEMPORARY RV.
SO WE'LL GO RIGHT INTO CONSIDERATIONS FOR SPECIAL USE PERMITS.
WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UM, A J - A TRAVEL TRAILER FOR HABITATION ADVERSELY IMPACTS THE GENERAL CHARACTER OF THE SURROUNDING AREA.
THE PROPERTY IS LOCATED ON LANGFORD HIGHWAY AND THIS USE IS NOT CONSISTENT WITH OTHER USES IN THE AREA.
NUMBER TWO, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES.
UM, THIS USE WILL NOT HAVE THIS EFFECT.
UM, NUMBER THREE, WHETHER PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UH, TRAVEL TRAILERS FOR HABITATION GENERALLY DO NOT FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
THIS TRAVEL TRAILER WILL BE LOCATED ALONG LANGFORD HIGHWAY AND COULD ADVERSELY IMPACT THE SURROUNDING COMMUNITY.
UH, NUMBER FOUR, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC, AND WATERFRONT AREAS.
UM, THE ANSWER IS THE PARCEL IS NOT LOCATED NEAR ANY OF THESE AREAS.
NUMBER FIVE, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS.
UM, AN RV FOR HABITATION ADVERSELY IMPACTS PROPERTY VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS.
UH, NUMBER SIX, WHETHER PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
UH, THIS USE WILL NEITHER HINDER NOR PROMOTE THE PUBLIC HEALTH SAFETY AND GENERAL WELFARE.
[00:50:01]
NUMBER SEVEN, WHETHER PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS.GENERALLY, TRAVEL TRAILERS ARE NOT DESIGNED TO BE USED IN ONE LOCATION CONTINUOUSLY.
AND NUMBER EIGHT, WHETHER GRANTING THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE.
AND THE ANSWER IS NO, THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.
UH, UTILITIES, THE SITE HAS A WELL AND SEPTIC SYSTEM.
UM, PUBLIC UTILITIES ARE NOT PRESENT ON THE SITE AND OVERHEAD ELECTRICAL UTILITIES ARE LOCATED ALONG LANGFORD HIGHWAY.
UH, FOR TRANSPORTATION, LANGFORD HIGHWAY IS A STATE-MAINTAINED, UH, MAJOR ROADWAY.
UM, IT IS IN WHAT I WOULD CONSIDER GOOD CONDITION.
NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW, AND AS A PREPARATION OF THIS SLIDE DECK, NO PUBLIC COMMENTS HAVE BEEN RECEIVED.
I HAVE ALSO RECEIVED NO PHONE CALLS, EMAILS, OR ANYTHING LIKE THAT.
STAFF FINDINGS, THE APPLICANT PURCHASED PROPERTY OVER FIVE YEARS AGO WITH THE HOUSE NOT BEING HABITABLE BECAUSE OF FIRE DAMAGE.
UH, THE APPLICANT MOVED A TRAVEL TRAILER ONTO THE PROPERTY WITHOUT PERMISSION AND STARTED CONSTRUCTION WITHOUT A BUILDING PERMIT.
UH, TWO CRIMINAL COMPLAINTS HAVE BEEN ISSUED AGAINST THE APPLICANT WITH SEVERAL COURT DATES, AND THE FIRST WAS DISMISSED WITH THE PROMISE OF THE APPLICANT COMPLETING THE RENOVATION WITH AN ACTIVE BUILDING PERMIT AND OBTAINING BZA PERMISSION TO, UH, INHABIT THE TRAVEL TRAILER.
UH, THE APPLICANT HAS BEEN GIVEN SPECIAL USE PERMITS IN 2023 AND 2025 FOR THE TEMPORARY OCCUPATION OF THE TRAVEL TRAILER WHILE RENOVATIONS ARE COMPLETED.
NO INSPECTIONS WERE REQUESTED AND NO WORK APPEARS TO HAVE BEEN DONE SINCE EARLY 2023.
AND LASTLY, THE APPLICANT DOES NOT HAVE A BUILDING PERMIT AND NO WORK CAN START UNTIL ONE IS ISSUED.
UM, JUST TO PIGGYBACK OFF OF THAT, THERE IS ONE THAT IS CURRENTLY UNDER REVIEW, BUT NO BUILDING PERMIT HAS BEEN ISSUED.
STAFF RECOMMENDS DENIAL OF SUSE 171 2026 BASED ON THE LACK OF PROGRESS OF THE RENOVATIONS AND THE POTENTIAL NEGATIVE IMPACTS TO PROPERTIES ALONG ROUTE 13.
HOWEVER, SHOULD THE BZA APPROVE THE SPECIAL USE PERMIT, STAFF RECOMMENDS THE FOLLOWING CONDITIONS.
UH, NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT FOR THE HOUSE WITHIN 30 DAYS.
NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION AND PLOT PLAN AS SUBMITTED.
NUMBER THREE, THE APPROVAL IS FOR ONE RV UNIT AND IS ONLY FOR THE APPLICANT OR HIS FAMILY.
NUMBER FOUR, THE SPECIAL USE PERMIT SHALL EXPIRE THE SOONER OF ONE YEAR FROM THE DATE OF ISSUANCE OR THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY.
NUMBER FIVE, THE APPROVAL DOES NOT INCLUDE SHORT-TERM RENTAL OF THE SITE.
NUMBER SIX, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE TRAVEL TRAILER IS ON SITE.
NUMBER SEVEN, THE APPLICANT AGREES THAT INSPECTIONS CAN BE MADE TO ENSURE COMPLIANCE WITH THESE CONDITIONS.
AND NUMBER EIGHT, A VIOLATION OF ANY OF THESE CONDITIONS SHALL RENDER THE SPECIAL USE PERMIT NULL AND VOID.
IS THERE ANY QUESTIONS FOR ME? THE, UH, APPLICANTS, OR THE APPLICANT IS HERE IF YOU HAVE ANY QUESTIONS FOR THEM.
A- ACCORDING TO YOUR BEST ESTIMATION, HOW...
WHAT PERCENTAGE OF THE WORK HAS BEEN DONE OR WHAT PERCENTAGE NEEDS TO BE DONE? UH, MOST OF THE WORK STILL NEEDS TO BE COMPLETED.
ANY OTHER QUESTIONS, MR.? MM-MM.
DOES THE APPLICANT WISH TO SPEAK? YES, SIR.
WILL YOU COME AND GIVE US YOUR, YOUR FULL NAME? MY NAME IS LEONARD C.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD ON ALL MATTERS BEFORE US? YES.
WHAT WOULD YOU LIKE TO SHARE WITH US? UM, I GUESS TO START WITH THIS, I DID SEE ALL OF YOU, THE LAST, UH, PERMIT.
UM, AND TO REINTEGRATE WHAT MR. WATSON HAS TOLD ME, THIS IS AN UPHILL BATTLE.
THIS HAS BEEN AN UPHILL BATTLE FROM DAY ONE.
MY WIFE WAS DIAGNOSED WITH, UM, A TERMINAL ILLNESS THAT, UH...
IT HAS BEEN GOING AN ONGOING SITUATION.
UM, SHE WAS STAGE FOUR IN HER SPINAL.
NOW IT HAS PRO- PROGRESSED TO STAGE FOUR IN HER BRAIN.
THIS TIME HAS TO BE A LITTLE DIFFERENT.
I, I DO HAVE A LOT OF WORK DONE.
WE HAVE COMPLETED, WE HAVE TRIED.
[00:55:01]
WHEN WE FIRST GOT HERE, WE HAVE TRIED TO COMPLETE THE PLUMBING.WE HAVE BEEN PRETTY MUCH TAKEN BY TWO PLUMBERS.
UM, THE FIRST ONE WE PAID IN FULL, AND HE DID SOME WORK ABOUT ONE THIRD OF THE WORK, AND THEN HE LEFT, UH, WITH MONEY AND EVERYTHING.
SO THAT TOOK A BIG HIT OUT OF US RIGHT FROM THE, THE BEGINNING.
THE SECOND ONE SAID HE COULD GET IT INSPECTED.
HE PUT SOME CAPS ON IT, AND WE HAD A THIRD ONE, A PRETTY RESPECTABLE LOCAL PLUMBER COME IN AND HE LOOKED AT IT AND HE SAYS, "THIS IS A DISASTER." SO WE HAD TO RIP IT BACK OUT.
AND, UH, IN THE MEANTIME, UH, IN THE MIDDLE OF ALL THAT, THAT WAS JUST ONE HINDRANCE.
WE HAVE HAD HINDRANCE WITH HER MEDICAL ISSUE, UM, AS AN ONGOING SITUATION.
IT, IT HAS, UH, IMPROVED AS FAR AS, UH, FOR THE LAST YEAR AND A HALF, WE WERE GOING TO FAIRFAX MEDICAL FACILITY, AND, UH, IT WAS ONCE A MONTH.
AND, UH, EVERY TIME THAT WE WENT THERE, IT WAS A LITTLE OVER $700.
UM, I AM THE ONLY ONE WORKING, BUT SHE HAS NOW GOT APPROVED FOR DISABILITY, SO THAT WILL HELP THE SITUATION.
I WAS GOING TO TURN IN THE PERMIT.
I HAVE, UM, EVERYTHING FOR THE PERMIT RIGHT HERE IN MY HAND, UH, INCLUDING, UM, THE STRUCTURAL SURVEY FROM MY ENGINEER.
MY, WE HAVE A, A BACKED ENGINEER NOW THAT'S WORKING WITH US, AND, UH, HE IS BEING, UH, COMPLIANT.
I BELIEVE HE, HE HAS TALKED TO, UH, MR. YEAGER, UM, AND, UH, WE ALSO HAVE THE BACKING OF, UH, A NANCOCK BUILDING SUPPLY.
THE GENTLEMAN THERE IS, IS THE OWNER.
AND, UH, WE DO HAVE A LICENSED PLUMBER THAT, UH, IS GONNA RE- REMAIN ANONYMOUS, BUT HE IS GOING TO DO THE WORK FOR US, UM, ALONGSIDE OF ME, MYSELF, UM, AND, OF COURSE, AMANDA FOR WHAT SHE CAN PROVIDE EMOTIONAL COFFEE FOR US.
UM, I DON'T HAVE NO EXCUSES ON THE OTHER PERMITS, AND WE'RE TRYING TO...
WE MOVED FROM PENNSYLVANIA DOWN HERE, AND IT, IT WAS ALL NEW TO ME, THIS WHOLE THING.
UM, SO, AS I SAY, FROM THE PAST, MOVE ON, LOOK FOR THE FUTURE.
WE'RE TRYING TO, WE'RE TRYING FOR A BRIGHTER FUTURE, WE'RE TRYING TO COMPLY WITH EVERYTHING, UM, TO THE BEST OF MY ABILITY.
I DO HAVE TWO JOBS, UM, SO IT IS A LITTLE HARDER SOMETIMES FOR ME TO GET INVOLVED WITH THINGS.
UH, I GO TO WORK AT TWO O'CLOCK IN THE MORNING AND GET OFF AT 10 AT NIGHT.
SO, UM, I GUESS I, I DON'T HAVE ANYTHING ELSE OTHER THAN OUR, OUR BACKING AND, UM, IF, IF YOU WOULD LIKE, I WOULD SAY EVERYBODY IS READY TO MOVE ON.
I HAVE HAD A, A SHIPMENT FROM O'NANCOCK BUILDING SUPPLY, UH, COME IN, AND IT IS SITTING IN THE, AT THE HOUSE RIGHT NOW.
UM, SO ALL THE FRAMING IS, UH, ACCOUNTED FOR THAT NEEDS TO BE, TO BE DONE, UM, AS FAR AS THE LUMBER IS THERE FOR IT TO BE DONE, AND, UH, THE PLUMBER IS READY AT, UH, AS SOON AS WE ACQUIRE THE PERMIT.
SO, IF YOU WANNA STIPULATE A, UH, SOMETHING ON A PERMIT, IT DON'T...
I'D SAY GIVE US THREE MONTHS AND WE'LL SHOW YOU SOMETHING.
ANY QUES- QUESTION? I HAVE A QUESTION.
[01:00:01]
BASED ON YOUR NARRATIVE, YOU'RE ASKING FOR SIX MONTHS FOR THE RV AND YOU WILL NOT BE ASKING FOR THIS AGAIN.UH, WITH KNOWING MY LUCK, MA'AM, I WOULD SAY A YEAR, BUT I WILL, I COULD SHOW YOU, I WILL NOT ASK FOR THIS PERMIT AGAIN.
UM, SHE IS, UH, LIKE I SAID, UNDERGOING TREATMENT.
I CAN'T PROVIDE ANY INFORMATION ON FUTURE, WHAT MAY OR MAY NOT HAPPEN WITH MEDICAL.
UM, THE ONLY THING I CAN SAY IS, UM, THREE, THREE MONTHS YOU CAN PUT IN THERE AND, AND I'LL SHOW YOU SOMETHING DONE.
UM, THE LOCATION OF THE TRAILER NOW? IT IS IN VIRGINIA LANDING RIGHT NOW, SIR.
UM, AND IT WILL BE IN, IN STORAGE.
WE, WE'VE STAYED, STAYED THERE UP UNTIL CLOSING.
UM, AND WE GET PERMISSION TO, TO EXTEND OUR STAY UNTIL THIS WEEK, UM, ON THE ACCOUNT OF THE, THE MEETING HERE TODAY.
UM, AND IF NOT UNTIL THEN, I'M NOT QUITE SURE WHAT WE'RE GONNA DO, BUT THE CAMPER WILL GO INTO STORAGE OVER AT VIRGINIA LANDING.
DO YOU HAVE QUESTIONS? THEY DON'T HAVE YEAR-ROUND SITES? NO, SIR.
THIS WOULD MAKE THIS A LOT EASIER.
AND THE CLOSEST YEAR ROUND SITE IS UP IN, UH, MARYLAND, AND THAT IS $1,100 A MONTH.
AND WITH OUR FUNDS BEING AS TIGHT AS THEY ARE RIGHT NOW, I, I WOULD DEARLY LOVE TO GET THE HOUSE FINISHED UP WITH WHAT WE HAVE.
A- A SEABOLT, SIR, I, THIS IS, I'M NEW TO THE BOARD, SO - YES, SIR.
UM, SO ON YOUR NARRATIVE, ON THE SECOND PAGE, YOU TALK ABOUT BY THE MEETING IN NOVEMBER, YOU'LL HAVE THE FRAMING, ELECTRICITY, AND PLUMBING.
NO, SIR, BECAUSE THE PERMIT, WE, UH, COULD NOT GET THE PERMIT, UM, FINALIZED.
YEAH, ALL, WITH THE, WE HAVE TO COMPLY WITH THE 2021 CODES NOW INSTEAD OF THE OLDER 2018.
UM, SO WE, WE DID PUT A NEW PERMIT IN.
IT, AS MR. SINJIN STATED THAT, THAT WE HAD, UH, WE DID NOT GET APPROVED YET.
UH, IT'S IN CONSIDERATION, BUT I DO HAVE THE FINAL, I BELIEVE WHAT THEY'RE ASKING FOR TO, TO MOVE FORWARD.
BUT NO, UH, WE HAVE NOT DONE ANY MORE WORK BECAUSE WE ARE TRYING TO COMPLY.
ANY OTHER QUESTIONS FOR THE APPLICANT? I'M SORRY.
YOU, YOU'RE ONE OF THE APPLICANTS? I SAID - I, I AM THE OWNER.
HE IS PLANNING ON BUYING THE HOUSE IN CASE OF COME UP, I'LL LET YOU COME UP AND BE SWORN IN.
WOULD YOU GIVE US YOUR FULL NAME? AMANDA C.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD, ON ALL MATTERS BEFORE US? ABSOLUTELY, SIR.
SO WHAT DID YOU WANT TO SHARE WITH US? I WANTED TO SHARE, THIS IS PART OF A MULTI-LAYER THING.
WHEN WE LEFT HERE IN JANUARY, WE WERE SET TO GO.
WE HAD MONEY SAVED FEBRUARY 6TH AT FOOD LION.
I AM THE EASTERN SHORE CAKE DECORATOR FOR FOOD LION.
I TRAINED ALL THE WAY UP TO, TO OCEAN CITY.
I HAD A, BUT I DIDN'T KNOW WHAT WAS HAPPENING.
I WAS WORKING TO MAKE SURE THAT WE KEPT OUR PROMISE TO YOU GUYS.
WE WERE SAVING THE MONEY AND WE WERE THERE.
I PASSED OUT AT 64 OVER 40 WITH A BLOOD PRESSURE AND THEY DEMANDED I GO ON IMMEDIATE FMLA THAT DAY.
THE HOSPITAL SAID I HAD TO MAKE A DECISION BETWEEN MY HEALTH OR THE HOUSE.
HE TOOK OVER AND MADE THE DECISION AND TOOK OUR MONEY FOR THE INFUSIONS THAT HELPED ME.
AND I APOLOGIZE, WE HAD THE MONEY.
AND AS YOU KNOW, THERE ARE STRINGENT FEDERAL GOVERNMENT REGULATIONS FOR THE DISABILITY
[01:05:01]
AND SSDI.I QUALIFIED IN LESS THAN SIX MONTHS AND IT'S USUALLY TWO TO THREE OR FOUR YEARS.
I DID THE WORK, WHAT I COULD DO TO HELP LENNY WHEN HE'S WORKING THAT MUCH.
I SET UP ALL THE CONTRACTORS, BUT WE COULD NOT DO ANYTHING WHEN WE FOUND OUT THERE WAS 200 MORE CODES THAT...
THAT'S ALL HE DOES WHEN HE GETS HOME WITH WHAT LITTLE TIME HE'S SLEEPING IN THE CHAIR WHEN I FEED HIM.
THEY KNOW MY DIAGNOSIS AND I'M NOT EVEN SUPPOSED TO BE HERE.
IT'S TITLED HOUSE OF DREAMS IN A BOOK.
IT WAS MY HOUSE OF DREAMS. IT'S BEAUTIFUL INSIDE IT.
WE HAD TO MOVE EVERYTHING OUT OF THE HOUSE FOR THE CONTRACTORS.
WE HAD IT FOR STORAGE BECAUSE MY FAMILY DIED BEFORE WE CAME DOWN HERE AND I KEPT THEIR PROMISE.
QUICK, YOU WERE SAYING SOMETHING ABOUT HE'S GONNA BUY THE HOUSE, SO I - HE IS BUYING THE HOUSE.
I BOUGHT IT BECAUSE IT WAS MY DREAM TO HAVE A BAKERY AND TO DO IT AT THE HOUSE.
HE IS IN THE PROCESS WITH ATLANTIC BANK RIGHT NOW.
NO MATTER WHAT HAPPENS, WE'RE GONNA HAVE THIS HOUSE DONE AND IT'S GONNA BE DONE COMPLETELY WITH THE 30K LOAN.
HE CAN TELL YOU MORE ABOUT IT, BUT I AM THE OWNER AND HE'S BUYING IT TO MAKE SURE I HAVE A ROOF OVER MY HEAD NO MATTER WHAT.
YOU WON'T SEE US AGAIN, BUT YOU'LL HELP US HAVE A ROOF OVER OUR HOUSE WHEN YOU HAVE A ROOF OVER YOURS.
I THINK HE HAS SOME QUESTIONS.
COULD I ASK A QUESTION, UH, MS. HEINWALL? YES, SIR.
LISTEN TO YOUR NARRATIVE, UM, AND I DON'T KNOW IF THIS APPLIES TO US OR NOT, BUT IT SOUNDS LIKE YOU'RE IN BANKRUPTCY COURT.
I AM PROTECTED BY FEDERAL BANKRUPTCY COURT SINCE LAST NOVEMBER.
AND PART OF THAT ANALOGY IS I'M, IT'S MY PRIMARY AND I MUST BE ON THAT PROPERTY OR I GET IN TROUBLE.
SO THAT'S YOUR HOMESTEAD EXEMPTION OR WHATEVER THEY CALL IT.
I'M NOT SURE WHAT THEY CALL IT.
I'M, I'M, I'M UNDER OATH AND I CAN'T ANSWER WHAT I DON'T KNOW, BUT MY ATTORNEY DID SAY THAT I WAS SUPPOSED TO SAY I AM UNDER FEDERAL PROTECTION TO SAVE IT.
I PAY A BANKRUPTCY AMOUNT TO KEEP THIS GOING.
AND IF I YET AM VACATED AND I CAN'T GO BACK, I CAN'T MEET WITH THESE CONTRACTORS WHEN HE'S WORKING.
I MADE IT HAPPEN BECAUSE I WAS THERE IN THE TRAILER.
AND THE OTHER PART IS, IF NOBODY IS PROTECTING THAT HOUSE, WE'VE HAD MANY BREAK-INS.
AND YOU KNOW WITH THE PAST HISTORY, YOU CANNOT PROTECT A HOUSE IF YOU'RE NOT THERE.
IT IS THE ONLY HOUSE THAT SURVIVED THE EASTERN SHORE ORSONIST.
THIS IS THE ONLY ONE AND IT'S GONNA BE DOCUMENTED BY THE STATE OF VIRGINIA BECAUSE THEY HAVE A HIGHWAY THING FOR IN FRONT OF THAT.
CAN I ASK MR. WATSON A QUESTION? TH- THANK YOU.
MR. WATSON, HAVING BEEN IN, BEING IN THE REAL ESTATE BUSINESS, UM, IS NOT THE BANKRUPTCY JUDGMENT TO SIGN OFF ON THIS APPLICATION? UM, UH, AGAIN, PAUL WATSON, UH - PAUL WATSON.
BUILDING AND ZONING, UM, SO MY UNDERSTANDING IS, UH, I- I- IS WHEN YOU ENTER BANKRUPTCY, I ASSUME THIS IS A CHAPTER 11 BASED ON WHAT MS. HEINBAUGH SAID ABOUT MAKING CONTINUING PAYMENTS, IS THAT THAT WOULD STAY IN A TYPE OF FORECLOSURE ACTION ON THE HOUSE, BUT YOU HAVE TO MAKE THE PAYMENTS IN THE MEANTIME THROUGH THE BANKRUPTCY COURT, AND THEN AT SOME POINT YOU EXIT BANKRUPTCY WITH A CONTINUED PAYMENT, UH, OF, OF THE NOTE OR MORTGAGE ON THE HOUSE.
UM, MRS. HEINBAUGH DID, IS FILING BANKRUPTCY IN THIS CHAPTER 13 DUE TO, UH, TO SAVE THE HOUSE, UH, THE PROPERTY AND TO ELIMINATE SOME OF HER PAST BILLS THAT, THAT CAME UP BECAUSE SHE WAS NOT WORKING.
UM, SO WE HAD TO, IN ORDER TO, SHE HAD TO, IN ORDER TO
[01:10:01]
AVOID A LOT OF, UH, A LOT OF NEGATIVITY MORE THAN WHAT WE'RE GOING THROUGH.BUT MYSELF, I AM NOT A, THEY, AND, UH, BEING THAT IT'S A SEPARATE, UH...
WE, WE'VE KIND OF GONE OVER OUR TIMEFRAME THAT TO ALLOW IT TO THE APPLICANT, SO - YES, SIR.
UH, UNLESS SOMEBODY HAS A, A PERTINENT QUESTION WE NEED TO GET TO, SINJUN.
ARE THERE ANY OTHER QUESTIONS FOR SENGIN BEFORE WE...
YOU KNOW, IT, THIS SEEMS LIKE AN ONGOING SERIES OF BAD DECISIONS, AND YOU'RE MAKING A BAD DECISION HERE, OKAY? I MEAN, WE, WE'VE RENEWED IT, AND WE WANNA DO...
OUR JOB IS TO MAKE THINGS HAPPEN, OKAY? AND WE KEEP GOING, KICKING THE CAN DOWN THE ROAD.
AND, YOU KNOW, YOU'VE GOT BANKRUPTCY, UH, COURT HEARINGS, AND THEN THIS, AND, YOU KNOW, YOU'RE, YOU'RE, YOU'RE STRINGING US OUT SAYING YOU'VE HAD PEOPLE FRONTING YOU MATERIALS, AND YOU GOT EVERYTHING LINED UP, AND IT'S OVER, AND OVER, AND OVER AGAIN.
SO, YOU SAID SIX MONTHS, THEN THREE MONTHS, AND, YOU KNOW, OUR JOB IS TO MAKE SOMETHING HAPPEN.
SO, SOMEBODY'S GOTTA DEVELOP AN ELEMENT OF CLARITY HERE IF YOU'RE GONNA CONTINUE DOWN THE ROAD, BECAUSE WHAT YOU'RE TELLING US, YOU KNOW, ISN'T WORKING.
SOMEBODY'S GOTTA WAKE UP AND MAKE A SERIOUS DECISION, ALL RIGHT? YES, SIR.
AND, AND, YOU KNOW, WE'VE DONE WHAT WE COULD TO HELP YOU, AND, YOU KNOW, WE'VE NE...
I'VE NEVER SEEN A CA - ANYTHING LIKE THIS.
WE'VE RENEWED THEM ONCE OR TWICE, BUT, YOU KNOW, COVID JAMMED UP A LOT OF THINGS, AND WE HAD ISSUES WITH THAT.
AND, YOU KNOW, HEALTH ISSUES, THAT'S NOTHING NEW TO US, OKAY? WE'VE, WE'VE DEALT WITH HEALTH ISSUES.
UM, YOU KNOW, WE DON'T WANNA THROW YOU OUT ON THE STREET.
YOU'VE GOT THE TRAILER IN A GOOD LOCATION NOW, BUT YOU TELL US THAT THAT'S NOT GONNA STAY THAT WAY, UM, AND, UH, IT PUTS US BETWEEN A ROCK AND A HARD PLACE, AND Y- YOU'RE TELLING US YOU'RE WORKING 18 HOURS A DAY, AND YOU'RE PR - THE PRIMARY PERSON DOING THE WORK.
I MEAN, YOU SEE WHAT I'M SAYING? AND YOU SAY YOU'RE GONNA GET THE WORK DONE.
WELL, THE, THE BOTTOM LINE IS, YOU CAN'T DO IT.
AND I MEAN, WE SEE THE TRASH AND THE DEBRIS AND THE CONDITIONS THERE.
YOU KNOW, I REALIZE YOU TOLD US YOU HAD TO GET THE STUFF OUT OF THE HOUSE.
WELL, YOU PILED IT - RIGHT NOW.
HM? YOU PILED IT IN THE BACKYARD AND PUT A TARP OVER IT.
AND, UH, YOU KNOW, WE RIDE UP AND DOWN AND LOOK AT THAT HOUSE ALL THE TIME.
SO, YOU, YOU SEE WHAT I'M SAYING? YOU, YOU NEED TO KINDA ADJUST YOUR THOUGHT PROCESS.
AND, AND, YOU KNOW, IT'S ALWAYS SOMETHING ELSE, ALWAYS SOMETHING ELSE.
SO, YOU KNOW, WE'RE, YOU KNOW, WE'RE GONNA TRY AND SEE WHAT WE CAN DO.
I DON'T KNOW, THREE MONTHS, SIX MONTHS OR SOMETHING, YOU KNOW? YOU GOT A COURT CASE COMING UP.
IT'S ALL, YOU KNOW, YOU GUYS ARE AN ADULT, ALL RIGHT? IF...
AND, AND, AND, UH, YOU KNOW, SOMEBODY'S GOTTA GET YOU GUYS GOING STRAIGHT, BECAUSE YOU'RE NOT, YOU'RE NOT DOING IT.
YOU KNOW, WHAT WE'RE SEEING HERE IS TOTALLY CONVOLUTED.
AND THEN BEFORE THIS BBA MEETING, SIR, WE DID HAVE, UH, WE DID GET SOME, UH, BACKING THAT WE HADN'T HAD BEFORE THAT, UH...
YOU, WE'RE BURNT OUT ON THAT, OKAY? YOU'VE TOLD US THAT EVERY TIME.
WELL, I APOLOGIZE FOR HER GETTING SICK AND - YEAH, YEAH.
NO, NO, DON'T APOLOGIZE FOR THAT.
[01:15:01]
WE, WE, WE FACE THOSE THINGS OFTEN IN HERE, OKAY? YOU'RE NOT THE ONLY ONES.BUT, BUT SOMEBODY'S GOTTA SETTLE DOWN AND GET SOME CLARITY HERE, ALL RIGHT? SO I'M TELLING YOU THIS, YOU KNOW, BECAUSE I'M WILLING TO GIVE YOU THREE MONTHS, OKAY? OKAY.
BECAUSE YOU'RE, YOU KNOW, UH, FROM WHAT YOU'RE TELLING ME, YOU'RE GONNA BE OUT ON THE STREET BY THE END OF THIS WEEK.
OKAY? WELL, IT'S NOT OUR JOB TO THROW YOU OUT ON THE STREET, OKAY? BUT YOU HAVE A TRAILER, AND YOU'VE HAD MULTIPLE YEARS TO DO THIS, AND YOU COME BACK WITH THIS, AND, YOU KNOW, I WOULD PROPOSE IT TO THE BOARD THREE MONTHS.
JUST NOT - ARE, ARE YOU MAKING A, ARE YOU MAKING A RECOMMENDATION? SO, MR. SO, IF WE DO THE THREE MONTHS, I JUST WANNA SAY WE, WE WILL ADJUST CONDITION FOUR TO SAY THE SOONER OF THREE MONTHS FROM THE DATE OF ISSUANCE OF THE SPECIAL USE PERMIT OR WITH ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE HOUSE, JUST TO MAKE SURE IT'S ABUNDANTLY CLEAR, WHICHEVER IS SOONER.
THREE MONTHS AT THE MOST, IF THEY GET A CERTIFICATE OF OCCUPANCY FOR THE HOUSE BEFORE THAT...
BUT NOW, ACCORDING TO CONDITION NUMBER ONE, THEY'VE GOTTA HAVE A PERMIT WITHIN 30 DAYS.
AND SO, IF THEY DON'T HAVE THE PERMIT WITHIN 30 DAYS - THAT'S A VIOLATION.
IS THAT CORRECT? THAT'S CORRECT.
OKAY, JUST WANNA MAKE SURE WE'RE, THAT EVERYBODY'S CLEAR ON WHAT WE'RE DOING.
CAN, CAN NUMBER FOUR, BETWEEN THIS AND SPECIAL, COULD YOU ADD THE WORD FINAL? I MEAN, THIS IS THE LAST SHOT.
THIS FINAL SPECIAL USE PERMIT, IS THAT LEGALLY? I MEAN, CAN YOU, CAN WE SAY SOMETHING? I WOULD, I WOULD PROBABLY MAKE THAT ITS OWN CONDITION WHERE YOU SAY THIS IS THE LAST SPECIAL USE PERMIT.
SO ARE YOU READY TO MAKE A MOTION? UH, SO WE'VE CHANGED...
WE'VE CHANGED CONDITION FOUR TO THE SOONER OF THREE MONTHS FROM THE DATE OF ISSUANCE OR THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE HOUSE.
AND IF YOU GUYS, IF YOU WANNA ADD THE CONDITION OF BASICALLY THIS IS THE LAST SPECIAL USE PERMIT.
WITH, WITH THAT SAID, EITHER, EITHER YOU OR PAUL HAVE BEEN ON SITE, RIGHT? CORRECT.
CONDITION OF, OR CERTIFICATE OF OCCUPANCY, WHAT YOU THINK? IT'D BE A, IT WOULD BE...
IT'S GONNA BE QUITE THE UNDERTAKING TO GET IT DONE IN THREE MONTHS.
I MEAN, I DON'T SEE THERE'S ANY WAY WE CAN GET A CERTIFICATE OF OCCUPANCY IN THREE MONTHS.
I MEAN, OBVIOUSLY THEY HAVE...
IT DOES NOT APPEAR TO ME AS ANYTHING HAS BEEN DONE IN THE LAST THREE YEARS.
CERTAINLY NO PAST INSPECTIONS IN THE LAST THREE YEARS.
AND THE LAST TIME I WENT IN THE HOUSE, SMALL AMOUNT OF ROUGH PLUMBING, A FAIR AMOUNT OF ROUGH ELECTRICAL HAD BEEN DONE, BUT IT HAD BEEN DEMOED AND THERE WAS STUFF EVERYWHERE.
THE UPSTAIRS, THE RAFTERS ARE ALL BURNED, SO THEY HAVE TO BE MARRIED OR IN SOME WAY ENGINEERED, UH - UH-HUH.
UM, SO IT, IT'S BETWEEN FIXING THE ATTIC, UH, WITH THE BURNED, UH, RAFTERS UP THERE, AND THEN, UH, YOU TALKING ABOUT DOING THE, ALL OF THE ROUGH PLUMBING - UH-HUH.
FAIR AMOUNT OF ELECTRICAL - YEAH.
BUT MR. WATSON, IF THEY FOUND A PLACE TO PUT THE TRAVEL TRAILER, THAT'S ALL WE'RE CONCERNED ABOUT.
IF THEY COULD PUT IT SOMEPLACE ELSE, ALL THIS BUILDING AND STUFF ISN'T OUR PROBLEM.
I, WELL, OBVIOUSLY, WE'RE NOT STOPPING THEM FROM DOING WORK WITH THE VALID PERMIT.
UM, AND, AND WE WOULD OBVIOUSLY LOVE FOR THEM TO BE ABLE TO FINISH THIS PROJECT.
ARE WE READY? ARE WE READY TO MAKE A MONEY FOR ME?
SO - WE'RE GETTING READY TO MAKE A MOTION.
[01:20:01]
THREE MONTHS SENDS A MESSAGE TO THEM AND, YOU KNOW, UH, I UNDERSTAND THE PASSION FOR THE HOUSE, BUT IF YOU'D GONE OUT AND JUST BOUGHT A MOBILE HOME TO BEGIN WITH AND BEEN SOMEWHERE, YOU'D BE DONE.OKAY? YOU WOULDN'T BE HERE DEALING WITH ALL THIS, YOU KNOW? WE ALL HAVE PLANS AND DESIRES AND PASSIONS, BUT YOU'RE, YOU'RE NOT BACKING IT UP.
YOU'RE GONNA HAVE TO DECIDE IN THREE MONTHS WHAT YOU'RE GONNA DO, ALL RIGHT? WHEN YOU LEAVE HERE TODAY, YOU'RE GONNA HAVE TO DECIDE WHAT YOU'RE GONNA DO.
I'M NOT GONNA TELL YOU WHAT, BUT YOU, YOU GOTTA, YOU GOTTA CHANGE SOMETHING.
ALL RIGHT? YOU READY TO MAKE A MOTION? BE- BEFORE, BEFORE WE DO THAT, SORRY.
UM, IF WE'RE ADDING THE FINAL SPECIAL USE PERMIT, IT WOULD GO FROM EIGHT CONDITIONS TO NINE CONDITIONS.
I MOVE THAT THE ACCOMACK COUNTY BOARD OF ZONING APPEALS APPROVE SUSE000171 - 2026 SPECIAL USE PERMIT PURSUANT TO ACCOMACK COUNTY CODE SECTION 106-5314 FOR TEMPORARY HABITATION OF AN RV ON TAX PARCEL 111 - 1-C1 WITH THE NINE CONDITIONS AS REVISED AND RECOMMENDED BY STAFF.
NEXT CASE IS, UH, MARKS FARMS, LLC.
THIS IS SUSC 164 2026, AND THIS IS A RV FOR TEMPORARY HABITATION.
UM, THE APPLICANT AND OWNER, THEY'RE BOTH, UH, MARKS FARMS, LLC, LOCATED AT, UH, 78 - 2-B OR THE 24-100 BLOCK OF JOHN KANE ROAD NEAR PARKSLEY.
UM, APPROXIMATELY 62 ACRES ZONED AGRICULTURAL, FUTURE LAND USE RECOMMENDATIONS, ALSO AGRICULTURAL.
UM, CURRENT AND PROPOSED USES ARE RESIDENTIAL IN NATURE.
UM, AND ADJACENT ZONINGS ARE AG.
AND THEN WE HAVE, UM, ADJACENT USES ARE A COMBINATION OF VACANT FARMLAND, RESIDENTIAL, AND IT LOOKS LIKE WHAT APPEARS TO BE THE REMAINS OF, OF, OF MIGRANT HOUSING.
THIS IS THE, THE SITE, UH, ZONED AGRICULTURAL.
UH, FUTURE LAND USE RECOMMENDATIONS ALSO AG.
UM, PROPERTY, UM, IS LOCATED, DOES HAVE RPA ON IT.
UM, THE, THIS IS A LITTLE MISLEADING, UM, AS OF A SITE VISIT THAT ME AND MR. WATSON DID.
NONE OF THESE, UM, NONE OF THE RV NOR THE, UM, ACCESSORY STRUCTURES THAT WE'LL GET TO IN THE NEXT CASE ARE LOCATED IN THIS RPA.
SO THE RPA LINES OFF, BASICALLY, UM, AND NOT LOCATED IN A FLOOD ZONE.
SO THIS IS THE, UM, THE ENTRANCE TO THE SITE.
THIS IS ANOTHER, UM, IMAGE OF THE RV FROM THE OTHER SIDE.
UH, BASICALLY, THE RV IS LOCATED INSIDE THE BARN HERE.
SO WE'LL GO INTO, UH, CONSIDERATIONS FOR SPECIAL USE PERMITS.
NUMBER ONE, UM, ADVERSE IMPACT TO THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UH, GENERALLY, TRAVEL TRAILERS FOR HABITATION ADVERSELY IMPACT THE SURROUNDING NEIGHBORHOOD.
UM, THIS IMPACT WOULD BE TEMPORARY, AND THIS TRAVEL TRAILER IS ALSO IN A REMOTE LOCATION.
UM, NUMBER TWO, WHETHER PROPOSED USE WILL ADVERSELY IMPACT, UH, PUBLIC UTILITIES.
UH, NO ADVERSE IMPACT IS ANTICIPATED.
UM, THE OWNER IS RESPONSIBLE FOR DISPOSAL OF WASTE.
UM, I WILL SAY THAT, UM, WITH TEMPORARY HABITATION, THERE IS A PLAN OF THE APPLICANT, UH, PLACING A PRIMARY RESIDENCE ON THE PROPERTY.
UM, AND AT THAT TIME, THERE WILL BE WELL AND SEPTIC.
UH, NUMBER THREE, WHETHER PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UH, THIS USE DOES NOT FACILITATE AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
HOWEVER, THE DETRIMENT WILL BE TEMPORARY.
UH, NUMBER FOUR, WHETHER THE PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC, AND WATERFRONT AREAS.
UM, THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS.
NUMBER FIVE, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS.
UH, TRAVEL TRAILERS BEING USED AS A RESIDENCE CAN ADVERSELY IMPACT PROPERTY VALUES OF ADJOINING OWNERS.
IN THIS CASE, THE IMPACT WILL BE TEMPORARY AND THE TRAVEL TRAILER IS IN A REMOTE
[01:25:01]
LOCATION.UH, NUMBER SIX, WHETHER PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE.
UH, THIS USE WILL NEITHER HINDER NOR PROMOTE THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE.
UM, CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS, THE ANSWER IS YES, THIS USE IS ALLOWED BY SPECIAL USE PERMIT AND ANY IMPACT WILL BE TEMPORARY.
UH, NUMBER EIGHT, WHETHER GRANTED THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE.
THE ANSWER IS NO, THIS USE HAS NO BEARING ON PUBLIC NECESSITY OR CONVENIENCE.
UM, UTILITIES, ELECTRIC UTILITIES ARE ON SITE.
THE OWNER IS RESPONSIBLE FOR THE DISPOSAL OF WASTE FOR THE RV.
UM, TRANSPORTATION, JOHN CADE ROAD IS A VDOT MAINTAINED SECONDARY ROADWAY.
UM, I WOULD CONSIDER THE ACCESS ROAD TO THE PROPERTY IN FAIR CONDITION.
WHILE THE PROPERTY HAS CHESAPEAKE BAY PRESERVATION AREA, THE RV IS NOT LOCATED IN THIS AREA.
NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW, AND AS OF PREPARATION OF THIS SLIDE DECK, NO PUBLIC COMMENTS HAVE BEEN RECEIVED.
STAFF FINDINGS, THE APPLICANT HAS PLACED AN RV ON THE PROPERTY FOR HABITATION.
UM, THE APPLICANT PLANS TO CONSTRUCT A RESIDENCE ON THE PROPERTY AND NEEDS THE TRAVEL TRAILER TO TEMPORARILY LIVE DURING CONSTRUCTION.
UH, NUMBER THREE, WHILE TRAVEL TRAILERS ADVERSELY IMPACT THE CHARACTER OF THE SURROUNDING NEIGHBORHOOD, THESE IMPACTS WOULD BE TEMPORARY AND LOCATION AS REMOTE.
UM, ALSO A FOURTH ONE, THIS IS AN AFTER THE FACT APPLICATION.
SO IT'S BEEN THERE, UM, SINCE BEFORE THE SPECIAL USE PERMIT.
STAFF RECOMMENDS APPROVAL OF SUSE 164 2026.
UH, SHOULD THE BZA APPROVE THE SPECIAL USE PERMIT, STAFF RECOMMENDS THE FOLLOWING CONDITIONS.
UH, NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION PLOT PLAN AS SUBMITTED.
NUMBER THREE, THE APPROVAL IS FOR ONE UNIT AND IS ONLY FOR THE APPLICANT OR HIS FAMILY.
NUMBER FOUR, THE SPECIAL USE PERMIT SHALL EXPIRE EITHER ONE YEAR FROM THE DATE OF ISSUANCE OR WITH THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY, AND THAT'S WHICHEVER COMES FIRST.
UH, NUMBER FIVE, THE APPROVAL DOES NOT INCLUDE SHORT-TERM RENTAL OF THE RV.
UH, NUMBER SIX, THE PROPERTY SHALL BE PROPERLY MAINTAINED AT ALL TIMES WHILE THE TRAVEL TRAILER IS ON SITE.
AND NUMBER SEVEN, A VIOLATION OF ANY OF THESE CONDITIONS SHALL RENDER THE SPECIAL USE PERMIT NULL AND VOID.
UM, I CAN ANSWER ANY QUESTIONS THAT YOU HAVE.
UM, AS BACKSTORY, I DO KNOW THAT CLAYTON HOMES HAS BEEN TALKED TO ABOUT PLACING A MANUFACTURED HOME, BUT I'M SURE THE APPLICANT CAN TELL YOU MORE ABOUT THAT.
THAT'S PROBABLY THE OTHER, UM - THE OTHER ONE? THAT'S PROBABLY THE OTHER ONE.
SO THERE'S, THERE'S, THERE'S TWO.
THERE SHOULD BE ANOTHER ONE, 164.
YEAH, THE 160, THE, THE 164 IS FOR, UM, THE RV AND THEN 176 IS FOR SOME ACCESSORY STRUCTURES WITHOUT A PRIMARY.
A- A- ANY OTHER QUESTIONS FOR CINSON? DOES THE APPLICANT WISH TO SPEAK? WOULD YOU GIVE US YOUR FULL NAME, SIR? JOHN CUSTIS.
DO YOU SWEAR TO TELL - SWEAR IN ATTORNEYS? PAUL? HE DOESN'T NEED TO BE SWORN IN, SIR.
UH, JOHN CUSTIS, LOCAL ATTORNEY, UH, CHAIRMAN MILLER, THANK YOU FOR YOUR TIME THIS MORNING.
UM, BEFORE I BEGIN, I WOULD LIKE TO THANK, UH, COUNTY STAFF FOR THEIR COOPERATION AND TRANSPARENCY THROUGHOUT THIS WHOLE PROCESS.
UM, THEY HAVE BEEN VERY KIND IN THEIR, UM, STAFF REPORT NOT TO, UM, CALL OUT MY CLIENT.
HE IS IN THE ROOM WITH ME, BRIAN MARKS, UM, WHO I BELIEVE, HOPEFULLY, STAFF WOULD ALSO SAY HAS BEEN TRANSPARENT AND COOPERATIVE THROUGHOUT THE ENTIRE PROCESS.
WE ACTUALLY STARTED THIS PROCESS ABOUT A YEAR AGO WITH A VIOLATION FROM THE COUNTY, UM, AND TODAY'S HEARING IS, IS BECAUSE OF THE, UM, WORKING WITH THE COUNTY IN A, IN A VERY COOPERATIVE MANNER.
SO, UM, JUST TO ADD TO A FEW THINGS THAT MR. JONES MENTIONED, UH, MR. MARKS, UH, HAD INSTALLED, OBVIOUSLY, UM, UM, WE'LL GET TO THE ACCESSORY STRUCTURES HERE IN A SECOND, BUT THE RV IS THERE.
THE RV IS LOCATED UNDER THE, UM, UNDER THE CURRENT BARN.
UH, MR. MARKS HAS, AS, AS SINJUN INDICATED, PAID A $2,500 DEPOSIT TO CLAYTON HOMES.
UM, THE COUNTY IS ALSO IN RECEIPT OF BUILDING PLANS THAT HAVE BEEN ALREADY SELECTED, UM, BY MR. MARKS.
I HAVE A COPY OF THOSE HERE WITH ME IF ANYBODY WOULD LIKE TO SEE THOSE.
UM, MR. MARKS HAS ALREADY, UM, GOTTEN WELL AND SEPTIC APPROVED FOR THE SITE.
UH, HE HAS ALREADY APPLIED FOR THE HOME.
UM, THE APPLICATION FOR FINANCING WITH VANDERBILT MORTGAGE WILL NOT BE MOVING FORWARD UNTIL TODAY'S HEARING.
THEY'RE AWARE OF THE SITUATION.
UM, BUT AS SOON AS THAT IS APPROVED, AS SOON AS HOPEFULLY WE ARE THROUGH TODAY, UM, AND THE FINANCE IS APPROVED, THE NEXT
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THING THAT HAPPENS IS THE HOME GETS OFFICIALLY ORDERED.THE HOME WOULD THEN, FROM A TIMELINE STANDPOINT, TAKE A FEW MONTHS TO CONSTRUCT WITH LIKELY PLACEMENT ON THE PROPERTY SOMETIME NEXT SPRING.
UM, SO JUST WANNA LET YOU KNOW FROM A, UM, UM, CLARITY STANDPOINT, MR. GALE, I HEARD YOU LOUD AND CLEAR ON THE LAST, UM, HEARING, THIS TIMELINE, UH, THERE ARE ACTIONS THAT HAVE BEEN TAKEN.
MR. MARKS VERY MUCH SO LOOKS FORWARD TO REMEDYING THE SITUATION, UM, AND TAKING.
IT'S ALWAYS BEEN HIS INTENTION TO HAVE A HOME ON THE SITE.
UH, THIS PROCESS HAS JUST SPED THAT UP A LITTLE BIT.
UM, THE LAST THING THAT I WILL SAY, LADIES AND GENTLEMEN, UH, UH, I GUESS TWO THINGS THAT I WILL SAY.
NUMBER ONE, I WOULD ASK THAT THE ENTIRE STAFF FILE BE PUT INTO THE RECORD TODAY.
UM, I NOTICED THAT, UH, MAYBE A COVER LETTER AND A COUPLE OF THINGS HADN'T MADE IT THEIR WAY IN, INCLUDING THE COPY OF THE S - OF THE, UM, BUILDING PERMITS, UM, JUST INTO THE OFFICIAL MINUTES TODAY.
AND THEN I'D ALSO, LET'S JUST POINT OUT THAT I THINK STAFF DID AN AMAZING JOB OF RECOMMENDING FOR APPROVAL.
SO WITH THAT, THE ATTORNEY WILL BE QUIET AND ANSWER ANY QUESTIONS THAT YOU HAVE.
ONE MINUTE, ONE QUICK, THE, THE RIGHT OF WAY TO THIS IS OFF FISHER ROAD? UH, THE RIGHT OF WAY FOR THIS IS OFF 316, I MEAN, EXCUSE ME, OFF JANE, JOHN KEAN.
AND THEN I BELIEVE HE ALSO HAS ACCESS OFF OF THE - YEAH, ABSOLUTELY.
DOES THE APPLICANT, BRIAN MARKS.
BRIAN'S GONNA HAVE TO BE SWORN IN.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH SO HELP YOU GOD ON ALL MATTERS BEFORE? YES, SIR.
UM, THANK YOU GUYS FOR SEEING THIS TODAY.
UM, SO THE DEED THAT I HAVE ON THE 62 ACRES THERE IS ACTUALLY FROM JOHN KANE.
JIM EVANS FARMS THE FIELD FOR ME.
WHICH I'M IN PROCESS OF PURCHASING AN ADDITIONAL 46 ACRES FROM HIM, WHICH I BELIEVE IS BEING HELD UP ON BECAUSE OF THIS AS WELL.
UM, SO I WILL HAVE A DIRECT ROAD FRONTAGE FROM JOHN KANE ONCE I PURCHASE THAT FROM JIM EVANS.
IS THAT CLEAR? BUT I'VE GOT IT DEEDED RIGHT AWAY FROM THAT BECAUSE IT'S LANDLOCKED RIGHT NOW UNTIL I PURCHASED THE, UH, SURROUNDING 46.
'CAUSE, UH, THE, THE ONLY WAY I'VE EVER GONE IN THERE IS THE, THE WAY PAST THE LABOR CAMP.
YOU COME IN THE BACKSIDE THROUGH THE MIGRANT LODGE.
SO THERE'S A POND RIGHT THERE OFF OF JOHN'S - OH YEAH.
THERE'S A, THE DEEDED RIGHT OF WAY IS NEXT TO THAT POND.
IS THERE KIND OF A ROAD THERE? NO.
JIM MADE A ROAD RIGHT OFF OF, THERE'S AN OLD ROAD.
YOU CAN PROBABLY CLEAN IT UP, BUT - I NEVER KNEW THERE WAS A ROAD THERE.
UH, JOHN, UH, JIM COMES RIGHT OFF OF 316 AND I JUST KIND OF FOLLOW WHAT HE DOES.
I HAD A QUESTION FOR MR.
ANY MORE QUESTIONS? I THINK WE'RE READY TO MAKE A MOTION.
I MOVE THAT THE ACCOMACK COUNTY BOARD OF ZONE APPEALS APPROVED SUSE000164-2026, A SPECIAL USE PERMIT PURSUANT TO ACCOMACK COUNTY CODE SECTION 106-5314 FOR TRAVEL TRAILERS LOCATED OUTSIDE OF TRAVEL TRAILS PARKED, WHICH ARE TO BE OCCUPIED FOR HABITATION OR STORAGE OF CATTLE TO ALLOW FOR CONSTRUCTION ON TAX PARCEL 78 - 2-B WITH THE SEVEN CONDITIONS RECOMMENDED BY STAFF.
SO WE'RE RIGHT ON THE NEXT ONE.
THIS IS, UH, SUSE0001762026, UM, MARKS FARMS LLC.
AND NOW WE'RE DEALING WITH THE ACCESSORY STRUCTURES ON THE PROPERTY WITHOUT A PRIMARY.
UM, A LOT OF THE SAME INFORMATION AS WHAT I SAID IN THE LAST CASE FOR AS BACKGROUND.
UM, ZONED AGRICULTURAL, FUTURE LAND USE IS ALSO AGRICULTURAL, NOT IN A FLOOD ZONE.
AND WE'VE ALREADY TALKED ABOUT THE RPA, THAT RPA LINE IS INCORRECT.
AGAIN, SAME PICTURES AS BEFORE.
UH, WE ARE DEALING WITH THE ACCESSORY STRUCTURE.
WE'RE DEALING WITH THE POLE BUILDING.
UM, THIS, THIS DECK RIGHT HERE, THERE'S A CONEX BOX TO THE LEFT AS WE SEE IN THIS PICTURE, AND THERE'S ANOTHER CONEX BOX RIGHT HERE.
THOSE ARE THE ACCESSORY STRUCTURES THAT WE'RE TALKING ABOUT TODAY.
AND THERE IS THE, UH, PICTURE OF THE SITE.
UM, YOU CAN TELL, UM, WE'RE NOT DEALING WITH ANY SETBACK REGULATIONS
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OR ANYTHING LIKE THAT.UH, SO WE'LL GO RIGHT INTO CONSIDERATIONS FOR SPECIAL USE PERMITS.
NUMBER ONE, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE GENERAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
UM, NO ADVERSE IMPACT IS ANTICIPATED.
OTHER PROPERTIES IN THE AREA HAVE ACCESSORY STRUCTURES AND THE LOCATION IS REMOTE.
NUMBER TWO, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PUBLIC UTILITIES.
UH, NO ADVERSE IMPACT IS ANTICIPATED.
NUMBER THREE, WHETHER PROPOSED USE WILL FACILITATE THE PRESERVATION AND CREATION OF AN ATTRACTIVE AND HARMONIOUS COMMUNITY.
UM, THIS USE WILL NOT BE A DETRIMENT TO THE COMMUNITY.
NUMBER FOUR, WHETHER PROPOSED USE WILL ADVERSELY IMPACT THE ENVIRONMENT OR SCENIC, HISTORIC, AND WATERFRONT AREAS.
UH, THE ANSWER IS THE PROPERTY IS NOT LOCATED NEAR ANY OF THESE AREAS.
NUMBER FIVE, WHETHER PROPOSED USE WILL ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS.
UM, ACCESSORY STRUCTURES WITHOUT A PRIMARY COULD ADVERSELY IMPACT PROPERTY RIGHTS AND VALUES OF ADJOINING AND NEARBY PROPERTY OWNERS.
UM, HOWEVER, THESE STRUCTURES ARE IN A REMOTE LOCATION.
NUMBER SIX, WHETHER PROPOSED USE WILL PROMOTE THE PUBLIC HEALTH SAFETY AND GENERAL WELFARE.
UM, THIS USE WILL NEITHER HINDER NOR PROMOTE THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
NUMBER SEVEN, WHETHER PROPOSED USE IS IN CONFORMANCE WITH GOOD ZONING PRACTICE AND WITH STATE AND LOCAL LAWS, ORDINANCES AND REGULATIONS.
UM, ACCESSORY STRUCTURES ARE A USE BY RIGHT, ASSUMING THAT YOU HAVE A DWELLING.
UH, NUMBER EIGHT, WHETHER GRANTED THE SPECIAL USE PERMIT WITH OR WITHOUT CONDITIONS IS JUSTIFIED BY PUBLIC NECESSITY OR CONVENIENCE.
AND THE ANSWER IS NO, THIS USE HAS NO BEARING.
ELECTRIC UTILITIES ARE ON SITE.
UH, RIGHT NOW THE OWNER IS RESPONSIBLE FOR, UH, THE DISPOSAL OF WASTE.
UM, TRANSPORTATION, JOHN KANE ROAD IS A VDOT MAINTAINED SECONDARY ROADWAY.
WE CONSIDER IT AN AVERAGE CONDITION.
I WOULD SAY THE ACCESS ROAD TO THE PROPERTY IS IN FAIR CONDITION.
ENVIRONMENTAL, WHILE THE PROPERTY HAS CHESAPEAKE BAY PRESERVATION AREA, THE ACCESSORY STRUCTURES ARE NOT LOCATED IN THAT AREA.
NOTICES WERE PROVIDED IN THE NEWSPAPER AND TO ADJACENT OWNERS PER STATE LAW, AND AS A PREPARATION OF THIS SLIDE DECK, NO PUBLIC COMMENTS HAVE BEEN RECEIVED.
STAFF FINDINGS THE APPLICANT HAS PLACED TWO CONEX BOXES, A BARN AND A WOOD DECK ON THE PROPERTY WITHOUT A DWELLING.
UM, A SPECIAL USE PERMIT IS REQUIRED FOR ACCESSORY STRUCTURES WITHOUT A PRIMARY STRUCTURE AND NO LONG-TERM DETRIMENTAL EFFECTS ARE ANTICIPATED.
STAFF RECOMMENDS APPROVAL OF SUSE 176 2026 AND SHOULD THE BZA APPROVE THE SPECIAL USE PERMIT, STAFF RECOMMENDS THE FOLLOWING CONDITIONS.
NUMBER ONE, THE APPLICANT SHALL OBTAIN ALL REQUIRED PERMITS FROM THE COUNTY'S COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT.
NUMBER TWO, THE APPLICANT SHALL BE IN FULL COMPLIANCE WITH THE APPLICATION PLOT PLAN AS SUBMITTED.
NUMBER THREE, THE SPECIAL USE PERMIT SHALL EXPIRE TWO YEARS AFTER THE DATE OF ISSUANCE PURSUANT TO ACCOMACK COUNTY CODE SECTION 10652, UH, EXCUSE ME, 1062524E IF THE USE IS NOT COMMENCED.
UH, NUMBER FOUR, A VIOLATION OF THESE CONDITIONS SHALL RENDER THE SPECIAL USE PERMIT NULL AND VOID.
I CAN ANSWER ANY QUESTIONS YOU HAVE.
AND THIS IS JUST TO, I GUESS, TIGHTEN IT UP, BUT YOU REFERRED TO MULTIPLE ACCESSORY STRUCTURES WITHOUT LISTING THEM YET IN THE FINDINGS YOU LIST THEM.
YEAH, SO, SO - NOT BE INCLUDED SO IT'S MORE SPECIFIC WHAT WE'RE APPROVED.
SO THAT'S WHERE THE MOTION IS.
SO WE THEREIN TO ALLOW CONSTRUCTION OF A BARN, WOOD DECK, AND TWO CONEX CONTAINERS.
THAT'S, THAT'S HOW WE'LL HANDLE THAT.
SO, UM, ONCE THE HOUSE IS ON THE PROPERTY - UH-HUH.
THE, UH, THE ACCESSORY STRUCTURES ARE USE PERMITTED BY RIGHT.
WITH BUILDING PERMITS, OF COURSE.
BUT BECAUSE IT'S NOT A PRIMARY STRUCTURE THERE NOW, THAT'S WHY WE ARE BUILDING A SPECIAL USE PERMIT.
ANY OTHER QUESTIONS FOR CENTRAL? DOES THE APPLICANT WISH TO SHARE ANYTHING WITH US ON THIS ONE?
UH, JOHN CUSTIS, AGAIN, LOCAL ATTORNEY REPRESENTING, UH, MARKS FARMS. UM, THE SAME THING.
I WOULD ASK THAT THE ENTIRE FILE BE INCLUDED, UH, IN TODAY'S OFFICIAL RECORD, INCLUDING MY COVER LETTER FROM OCTOBER, UM, FOR THE ADDITIONAL APPLICATIONS THAT WERE REQUIRED.
UM, AGAIN, I THANK, UH, MR. JONES, MR. WATSON, AND I KNOW MR. WAS INVOLVED IN THIS ONE AS WELL.
SO I WOULD LIKE TO THANK EVERYBODY FOR THEIR, UM, COOPERATION, TRANSPARENCY, AND REASONABLENESS, UH, IN REVIEWING THIS.
I WILL STATE THAT I AM FULLY AWARE OF AND ACKNOWLEDGE STAFF'S RECOMMENDATION FOR APPROVAL HERE.
UH, THANK THEM FOR THAT AND WOULD ENCOURAGE THIS BOARD TO APPROVE THAT.
UM, IT WOULD BE MALPRACTICE FOR ME NOT TO SIMPLY MENTION A RESERVATION OF RIGHTS HERE WITH RESPECT TO THIS.
UH, MS. MILBURN, YOU HIT THE NAIL ON THE HEAD WITH RESPECT TO SOME OF THIS.
UM, IT IS THE APPLICANT'S BELIEF THAT,
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UM, THAT THIS SPECIAL USE PERMIT MAY NOT BE REQUIRED SIMPLY BECAUSE WHEN THE, THE FIRST SPECIAL USE PERMIT, UH, WAS GRANTED WHEN THE HOUSE IS BUILT, THESE ALL BECOME, UM, ACCESSORY STRUCTURES.UM, IN ADDITION, LADIES AND GENTLEMEN, UH, WORDS ARE MY TOOLS.
UM, I TAKE THEM VERY SERIOUSLY IN THE PROFESSION THAT WE DO.
AND AGAIN, I THANK STAFF FOR THEIR COOPERATION AND REASONABLENESS.
UH, I WOULD QUESTION, UH, AS I DID IN MY COVER LETTER OF OCTOBER 15TH, UM, THE POWER OF THE COUNTY TO REGULATE ALL CONEX BOXES.
UM, IF YOU LOOK AT THE DEFINITION OF WHAT A STRUCTURE IS IN A BUILDING, UM, IT'S SIMPLY, UH, THERE'S A LEGAL ARGUMENT THERE THAT THIS, THAT THE COUNTY DOESN'T HAVE THE RIGHT TO, UM, REGULATE THOSE.
THAT BEING SAID, THERE'S NO REASON TO LITIGATE THAT TODAY.
UM, I SIMPLY STATE THAT ON THE RECORD, UH, SIMPLY IN CASE SOMEBODY DOES RAISE THE ISSUE, UH, IT WOULD BE MALPRACTICE FOR ME NOT TO DO SO.
UM, SO AGAIN, I THANK STAFFS, THANK ACCOMAC COUNTY, AND THANK THIS BOARD FOR YOUR TIME TODAY.
UH, AND I WILL HIGHLIGHT AGAIN STAFF'S WONDERFUL RECOMMENDATION FOR APPROVAL TODAY.
ARE WE READY TO MAKE A MOTION? I MOVE THAT ACCOMACK COUNTY BOARD OF ZONE APPEALS APPROVE SUSE000176 - 2026, A SPECIAL USE PERMIT PURSUANT TO ACCOMACK COUNTY CODE SECTION 106-5327 FOR A USE OF LAND NOT SPECIFICALLY LISTED AS A USE PERMITTED BY RIGHT OR BY SPECIAL EXCEPTIONS SPECIAL USE IN THE AGRICULTURE DISTRICT REGULATIONS, WHICH IS CLEARLY SIMILAR AND COMPATIBLE WITH THE USES LISTED THEREIN TO ALLOW FOR THE CONSTRUCTION OF A BARN, WOOD DECK, AND LOCATION OF TWO CONEX CONTAINERS ON TAX PARCEL 78 - 2-B WITH THE POOR CONDITIONS RE- RECOMMENDED BY STAFF.
SO I GUESS WE'LL, WE'LL MOVE ON TO OTHER MATTERS.
UM, WE HAVE THE ADOPTION OF THE 2027 BZA MEETING CALENDAR.
UM, THAT SHOULD HAVE BEEN PART OF YOUR LITTLE PACKET YOU GOT THERE.
I DON'T THINK, IF YOU GUYS WOULD LIKE TO VOTE ON IT NOW, YOU CAN, OR IF YOU WANNA TAKE IT HOME, WE CAN ALWAYS TALK ABOUT IT AT THE NEXT MEETING.
WHAT IS THE PLEASURE OF THE BOARD? DO IT NOW.
WE'VE GOT A, A MOTION TO ADOPT.
THE CALENDAR HAS BEEN ADOPTED.
AS FAR AS NEXT MONTH, WE HAVE, UH, POTENTIALLY SIX CASES, MORE THAN LIKELY FOUR, BUT POTENTIALLY SIX.
WE HAVE, UH, TWO, UM, LET'S SEE, ONE, TWO, THREE, THREE ACCESSORY STRUCTURES WITHOUT A PRIMARY, UH, ONE TEMPORARY HABIT - UH, TWO TEMPORARY HABITATION OF AN RV, AND, UH, TWO VARIANCES.
ONE IS A FRONT SETBACK VARIANCE FOR AN ACCESSORY STRUCTURE, AND THE OTHER ONE IS A LOT SIZE VARIANCE FOR A SUBDIVISION ACTION.
SO THAT'S, THAT'S WHAT WE GOT ON TAB FOR DECEMBER.
S- SO MR. CUS - UH, MR. C - WITH MARK'S FORMS, MR. CUSTIS MADE REFERENCE TO A COVER LETTER.
ISN'T IT NORMAL THAT WE GET ALL THAT KIND OF STUFF? OH, IT VERY POSSIBLY COULD HAVE BEEN AN OVERSIGHT ON MY PART.
UM, I WOULD HAVE TO GO BACK AND REVIEW THE DOCUMENT TO SEE IF THAT WAS IN THERE.
I, I KNOW WE DID HAVE AN ISSUE ABOUT A VARIANCE, WHETHER ONE WAS REQUIRED OR NOT, SO IT COULD BE THAT WAS WHAT WAS NOT CONCLUDED OR NOT INCLUDED, WE DETERMINED THAT A VARIANCE WAS NOT REQUIRED.
MR. PAM, DO YOU HAVE ANYTHING TO ADD? UM, THANK YOU, MR. CHAIR LE- LEE PAM, BUT AGAIN, UH, I JUST WANTED TO ADD, UM, UNDER OTHER MATTERS, JUST VERY BRIEFLY THAT THE BOARD OF SUPERVISORS HAS ISSUED THE PLANNING COMMISSION AND THE STAFF AN INITIATING RESOLUTION FOR AN ORDINANCE AMENDMENT, UM, THAT AFFECTS THE BZA DIRECTLY.
SO THE, UM, THE, UH, UH, STATE LEGISLATURE HAS CHANGED CERTAIN AND, AND CLARIFIED CERTAIN, UM, UH, PROVISIONS AS IT PERTAINS TO, UH, HOW APPEALS OF THE BOARD OF, HOW APPEALS OF DECISIONS BY THE BOARD OF ZONING APPEALS MAKES ITS WAY TO THE CIRCUIT COURT.
UM, UH, THE COUNTY ATTORNEY, JAN PROCTOR, HAS, UH, HAS REVIEWED THAT.
OF COURSE, THAT WOULDN'T HAVE MADE IT, UH, TO AN INITIATING RESOLUTION WITHOUT HER REVIEW, BUT
[01:45:01]
WITH ALL THAT BEING SAID, THE COUNTY ATTORNEY AND I BOTH CONSIDER THIS A HOUSEKEEPING ITEM.THIS IS MORE INFORMATIONAL THAN ANYTHING ELSE.
THE ONLY THING THAT, UH, THE, THE PRIMARY CHANGE IN THAT ORDINANCE AMENDMENT IS IF YOU LOOK IN THE ZONING ORDINANCE RIGHT NOW, THERE ARE SPECIFIC PROVISIONS OR SPECIFIC, UH, SPECIFIC CRITERIA FOR HOW THAT, UM, HOW AN APPEAL FROM ONE OF YOUR DECISIONS MAKES IT TO THE CIRCUIT COURT.
ALL OF THAT HAS BEEN REMOVED AND IT JUST CITES THE STATE CODE PROVISION THAT HAS THAT IN THERE.
SO IF THEY EVER DECIDE TO CHANGE THAT IN THE FUTURE, WE WON'T HAVE TO MAKE THAT CHANGE LOCALLY.
SO ALL WE'RE DOING IS JUST MIRRORING WHAT STATE CODE SAYS HERE.
AND WE DO THANK ALL THE STAFF FOR, UH, ALL THAT YOU GUYS DO.
ANYTHING ELSE TO ADD? NOPE, THAT'S IT.
DO WE, DO WE HAVE A MOTION TO ADJOURN? MOVE TO ADJOURN.