UPCOMING: - Thursday, January 5th - ECONOMIC DEVELOPMENT AUTHORITY - 3:00pm at The Nelson Center - Tuesday, January 10th - BOARD OF SUPERVISORS' 1:00/2:00/7:30pm at the Courthouse ------------------------------------------------------------------------- CORRECTION TO BOARD OF SUPERVISORS' REPORT 12/13/05: "APPOINTMENTS - Supervisors VOTED 4-1 (MR. BRUGUIERE VOTING NO) to appoint Ms. Delores Truesdale as the South District representative on the Planning Commission. Mr. Wood and Ms. Brennan both stated that they felt strongly that candidates for appointment to the most important boards and commissions should be interviewed by the Board prior to appointment." ------------------------------------------------------------------------- PLANNING COMMISSION Wednesday, December 28, 2005 Present: Ms. Philippa Proulx, Mr. Mike Harman, Ms. Linda Russell, Ms. Emily Hunt, Mr. Tommy Bruguiere, Ms. Delores Truesdale CONDITIONAL USE PERMIT/RAY AND SUSAN FITZGERALD - The applicants have applied for a permit under Section 12-5 Uses Not Provided For to allow the use of 23,000 square feet of their property for the stockpiling of stumps and logs and the grinding of stumps. The property is located at 175 Rhue Hollow Road off Rt. 151 and is zoned Agricultural (A-1). The application was deferred from the November Planning Commission meeting to allow the Commissioners to hear the stump grinder in operation on the property and for the applicant to submit a site plan showing the exact location of the operation on the property. Commissioners had noted that the proposed location was 50 feet from the property line and the applicant had agreed to consider moving the location closer to the center of the property. Mr. Boger noted that the applicants were unable to get the stump grinder to the property for the Commissioners to hear the operation due to weather. He reported that the applicants have contracted with Earthworks for use of the stump grinder but noted that Earthworks is not licensed by the state at this time. He noted no additional correspondence from adjoining landowners since the public hearing in November. He suggested that approval of a permit be contingent on compliance with all state and federal regulations, a county review of the permit in one year and the applicant submitting an annual recycling report to the county. Ms. Proulx noted that a DEQ permit is a separate issue from consideration of the Conditional Use Permit. She said that she has not seen the operation on site, has not seen a suitable site plan and that mulch management is an issue. She said that she feels strongly that she would like to hear the operation on each individual site with each applicant treated the same in the process. Mr. Bruguiere said that since one applicant has to have a site plan, all applicants should have a site plan. He suggested that the applicant withdraw his application until a site plan is prepared. Ms. Proulx suggested that the applicant could ask for a postponement while trying to schedule the stump grinder demonstration. Ms. Russell said that she needs more information including a management plan for the mulch pile, location of a water source for suppression of the dust and the opportunity to hear the equipment in operation on the property. Mr. Sam Eggleston, representing the applicants, said that there will not be a mulch pile on the property as Mr. Fitzgerald will load and deliver the mulch as it is ground, with agreements in place for the customers for the mulch. He noted that the applicants do not need a DEQ permit but that the owners of the tub grinder will have to apply for that permit. Mr. Eggleston said that the issue is purely a land use issue with a stump grinder being used a day or two per year on agricultural land with the mulch being hauled away immediately. He said that he does not see a need for a site plan for the operation. He noted that the county's noise ordinance has provisions for enforcement so if any violations were reported, the ordinance could deal with those violations. Mr. Eggleston said that given the minimal amount of time that the equipment will be used on the property, approval of the permit should not be an issue. Ms. Proulx said that the previously identified site was too close to the property line and that the Commissioners have not seen a specific site plan. She noted that the Commission had decided that they wanted to hear the equipment in operation on each site. She also said that, while she did not know if it was possible, she would like to consider a performance bond on the mulch management plans. Ms. Russell said that the Commission had generally agreed at the last meeting that the proposed site was too close to the property line and that Mr. Fitzgerald had said that they were willing to consider changing the site to one closer to the center of the property. She said that, in addition to the noise concerns, there is also a safety concern with a recommendation for a 200-foot buffer zone at the equipment site. Mr. Bruguiere said that the Commission has required a site plan for the other applicant and, while he does not believe the operation will bother anyone, everyone has to be treated the same. Mr. Eggleston said that the applicant would not request a postponement and Mr. Fitzgerald said that he needs to stay in business. Commissioners voted 2-3-1 (Mr. Harman and Mr. Bruguiere voting yes; Ms. Proulx, Ms. Russell, Ms. Hunt voting no; Ms. Truesdale abstaining) on Mr. Bruguiere's motion to recommend approval contingent on receipt of a site plan within 30 days and that the grinder be used no more than three days per year. CONDITIONAL USE PERMIT/A.G. SMALL & JASON HARVEY - The applicants have applied for a permit under Section 12-5 Uses Not Provided For to allow operation of a wood waste management facility, converting green waste into compost or mulch on property zoned Agricultural (A-1) and located at 2641 Rockfish Valley Highway. The application was deferred from the November Planning Commission meeting to allow the Commissioners to hear the stump grinder in operation on the property. Mr. Boger reported that the Commissioners had seen and heard the grinder in operation on the property on December 7th with decibel levels ranging from 40dB to 72dB at various property line locations. He noted a problem at the site following the demonstration with spontaneous combustion of the existing mulch pile resulting in complaints to the county and DEQ. Mr. Boger reported that the applicant has agreed to develop and submit a management plan for the mulch to include storage in smaller piles and more frequent removal of the mulch from the site. He noted the county's receipt of a petition with 67 signature and 29 emails in opposition to the approval of the permit. Ms. Proulx said that management of the mulch piles is a big concern, particularly how long the mulch will be stored and what the management of the mulch piles will be. She said that, because she does not feel confident that she has all of the information needed, she would prefer to send the application to the Board of Supervisors without a recommendation to give the applicant time to submit the information needed. Ms. Proulx said that she did not find the noise of the grinder to be too loud for 15 days per year but that management of the mulch pile is definitely an issue. She said that the Commission cannot now ignore the potential for spontaneous combustion with the stored mulch. She said that she is not saying it cannot be handled, but that there should be a plan in place for mulch management. Mr. Bruguiere said that the applicant has done everything the Commission asked. Ms. Proulx agreed but said that she does not think it is asking too much to have a plan for the mulch. Ms. Russell said that her biggest concern is that approval of the permit will mean that anyone can apply for a solid waste recycling facility on any agricultural land anywhere in the county and the county has no standards to deal with those applications. Noting the Comprehensive Plan, she said that she does not feel that this operation is an appropriate use for land in this area of Nellysford. She said that this type of operation might be appropriate in another area of the county however. Mr. Bruguiere said that the Comp Plan does not take into account that development has caused this situation and does not take into account the wishes of the landowners, even though they had a chance to comment on the Comp Plan before adoption. He said that the applicant has met all the requirements the Commission set and a vote should be taken as no action is not appropriate. Ms. Hunt said that, while the noise was not as loud as she had expected and there is a need for this type of operation, she does not think the operation fits the area. Mr. Harman said that, while the county does need an appropriate way to deal with the stumps, he would not want to live next door to such an operation. Ms. Russell pointed out that this is not a county problem as the only place the stumps cannot be burned on the landowner's own property is at Wintergreen. Commissioners voted 4-2 (Ms. Proulx, Mr. Harman, Ms. Hunt, Ms. Truesdale voting yes; Mr. Bruguiere and Ms. Russell voting no) to send the application to the Board of Supervisors with no recommendation. AMENDMENT TO CONDITIONAL USE PERMIT/AMERICAN TOWER CORP. - The applicant has applied for an amendment to the permit to allow T-Mobile to co-locate six panel antennas on an existing tower owned by American Tower Corp on property owned by Mr. and Mrs. Robert Brush and located off Rt. 615, a mile north of Thurmonds Hollow Lane on a private road. Mr. Steven Waller, representing the applicant, agreed to bury any additional utility lines. With no public comment, Commissioners voted 6-0 to recommend approval of the permit with the condition that any additional powerlines must be underground along the existing road. SPECIAL USE PERMIT/NORMA BRADLEY & MIKE CRANDALL - The applicants have applied for a permit to change the existing use of the property located at 1471 Beech Grove Road (Rt. 664) in Nellysford from a consignment shop to multi-use. The applicants plan to replace the existing building with a new model home to be used for an office and consignment shop. Mr. Crandall noted that the existing building is falling down and that the new building will be further off the road to make parking at the site easier. With no public comment, Commissioners voted 6-0 to recommend approval of the permit. PRELIMINARY SUBDIVISION/WEC MANAGEMENT LLC - The applicant has submitted a preliminary plat to divide 61.80 acres into 5 lots ranging in size from 26.3 acres to 6.3 acres on property located on Rhue Hollow Road. With no public comment, Commissioners voted 6-0 to approve the preliminary plat. OTHER BUSINESS - Mr. Boger reported that American National Bank has requested an amendment to the site plan to allow installation of a new sign to replace the Community First sign. The new sign will be 12' 4" high and lighted from the ground. Ms. Russell noted that there are currently no regulations to allow the county to require that the lighting be from the top down onto the sign. Mr. Boger reported that American had said that they would consider lighting the sign letters from within and that he would ask that they do so. Commissioners voted 6-0 to authorize Mr. Boger to sign the amendment to the site plan for the sign. Meeting adjourned. Copyright 2005 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution. ------------------------------------------------------------------------- This report, sent to over 600 Nelson County citizens, was made possible by the generous donations of Rural Nelson members and supporters. We need your help to continue this service. Please consider donating. Kim T. Cash Field Officer Rural Nelson, Inc. P. O. Box 401 (622 Front Street) Lovingston, VA 22949 434.263.5000 Email: info@ruralnelson.org www.ruralnelson.org