Board of Zoning Appeals
Minutes May 19, 2014
AT A MEETING OF THE MIDDLESEX COUNTY BOARD OF ZONING APPEALS HELD ON
TUESDAY, FEBRUARY 16, 2016, IN THE BOARDROOM OF THE HISTORIC COURTHOUSE,
SALUDA, VIRGINIA
Present:
Joan Curtis – Chairman
R.D. Johnson – Vice Chairman
Roger Anglin
Henry Easton
Robin Wells
Dave Kretz Planner – BZA Secretary
Cathy Shiflett – Planning Department Secretary
CALL TO ORDER
Mr. Kretz called the February 16, 2016 meeting to order at 6:30 P.M.
ORGANIZATIONAL MEETING
A.
Nomination and Election of Chairman
Mr. Easton nominated Mrs. Curtis for the office of Chairman of the BZA.
Mrs. Curtis nominated Mr. Wells for the office of Vice Chairman of the BZA. There was no
second.
On a motion by Mr. Easton, seconded by Mr. Anglin, Joan Curtis was nominated and
unanimously elected Chairman for calendar year 2016.
B.
Nomination and Election of Vice-Chairman
On a motion by Mr. Anglin, seconded by Mr. Easton, Mr. Johnson was nominated and
unanimously elected Vice Chairman for calendar year 2016.
C.
Nomination and Election Secretary
On a motion by Mr. Johnson, seconded by Mr. Wells, Mr. Kretz was nominated and unanimously
elected Secretary for calendar year 2016.
D.
Establishment of Meeting Time & Date
On a motion by Mr. Johnson, seconded by Mr. Anglin, the Board of Zoning Appeals unanimously
voted to have the monthly meeting date on the third Monday of every month at 6:30 p.m., in the
Boardroom of the Historic Courthouse, Saluda, Virginia.
APPROVAL OF MINUTES
On a motion by Mr. Johnson, seconded by Mr. Wells, and carried by unanimous vote, the
minutes of the October 19, 2015 meeting were accepted.
PUBLIC HEARING
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Board of Zoning Appeals
Minutes May 19, 2014
A.
CBPA Exception #2015-022
Submitted by W. Ben Burton, P.E. on behalf of Robert P. Sampson, Trustee for the
Robert P. Sampson Revocable Trust.
Requesting an exception for construction of a pool along with associated decking.
Chairman Curtis introduced CBPA Exception #20150-22 submitted by W. Ben Burton, P.E. on
behalf of Robert P. Sampson, Trustee for the Robert P. Sampson Revocable Trust requesting an
exception to Zoning ordinance Article 4A, Section 4A-4-A.4, Chesapeake Bay Preservation
(CBP) District for construction of a pool along with associated decking. The application requests
approximately one thousand forty (1040) square feet of impervious area and a seventy nine (79)
foot exception from the minimum one-hundred (100’) Resource Protection Area (RPA) setback
requirement of Zoning Ordinance Section 4A-7, Chesapeake Bay Preservation (CBP) District.
The property for which the exception requested is located at 194 Summerlynn Road, in Deltaville,
VA; it is further identified as Tax Map Parcel #30-235, in the Pinetop District.
Mr. Kretz presented the staff report. Mr. Kretz recommended approval of CBPA Exception
#2015-022 with the following conditions: 1) Clearing and grading shall be limited to areas shown
on the proposed plan of development, 2) All storm water management BMP’s shall be installed
and constructed as shown on submitted plans prepared by Bay Design Group, dated November
12, 2015, 3) A CBPA BMP Agreement shall be recorded with the Middlesex County Clerk’s Office
prior to issuance of a building permit, 4) All necessary erosion and sediment controls shall be
installed prior to any land disturbance and shall remain in place and properly maintained until the
project is complete, and 5) the applicant shall obtain a Building and Zoning Permit within one (1)
year of approval of the Board of Zoning Appeals per Section 4A-15.F of the Zoning Ordinance.
Chairman Curtis opened the public hearing.
With there being no comment from the public, Chairman Curtis closed the public hearing.
Mr. Ben Burton, agent, presented the request and explained the need for the exception, citing
health and safety concerns related to swimming in Jackson Creek. He noted that water quality in
the Chesapeake Bay could be protected with the proposed Best Management Practices (BMP’s).
Mr. Burton additionally stated that neighbors had submitted letters of support for the project.
Mr. Wells stated that while he understood the applicants’ desire for a swimming pool, it was not a
necessity. Mr. Wells expressed concerns related to the backwash system.
Mr. Burton explained the pool and backwash systems and noted that it would be reasonable to
add another condition relating the backwash to the BMP. He further noted that the Bay Act was
mainly concerned with phosphorous removal.
Mr. Wells questioned whether the decking could be moved back further from the creek?
Mr. Sampson stated that there was not a lot of room on the lot.
Chairman Curtis questioned how many swimming pools/deck were as close as 21’ from the water
and stated her disapproval of so many pools so close to the water.
Mr. Wells stated that if approved, he would want to require BMP’s for the backwash to eliminate
flooding into the yard.
Mr. Anglin noted that the plan did not include additional plantings.
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Board of Zoning Appeals
Minutes May 19, 2014
Mr. Wells stated the need for more plantings.
Mr. Burton explained the plan calculations and noted that phosphorous reduction was the key
item that the Department of Environmental Quality deemed important.
On a motion by Mr. Johnson, seconded by Mr. Wells, and carried by unanimous vote, CBPA
#2015-022 was approved with the following staff conditions: 1) Clearing and grading shall be
limited to areas shown on the proposed plan of development, 2) All storm water management
BMP’s shall be installed and constructed as shown on submitted plans prepared by Bay Design
Group, dated November 12, 2015, 3) A CBPA BMP Agreement shall be recorded with the
Middlesex County Clerk’s Office prior to issuance of a building permit, 4) All necessary erosion
and sediment controls shall be installed prior to any land disturbance and shall remain in place
and properly maintained until the project is complete, 5) the applicant shall obtain a Building and
Zoning Permit within one (1) year of approval of the Board of Zoning Appeals per Section 4A15.F of the Zoning Ordinance and 6) All backwash from the pool shall be incorporated into BMP
No. 1.
OLD BUSINESS
NEW BUSINESS
ADJOURNMENT
With there being no further business, a motion to adjourn was made by Mr. Wells, seconded by
Mr. Easton, and carried by unanimous vote. The meeting adjourned at 7:50 p.m.
Respectfully submitted,
_______________________
Dave Kretz, Secretary
_____________
Date
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