Planning

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 NELSON COUNTY PLANNING COMMISSION 

MEETING MINUTES 

October 27, 2010 

Present: Chair Philippa Proulx, Commissioners Linda Russell, Michael Tapager, Michael Harman, Emily Hunt and Allen Hale 

Staff Present: Fred Boger and Wanda Staton 

Call to Order: Chair Proulx called the meeting to order at 7:30 P. M. in the Board of Supervisors meeting room, County Courthouse, Lovingston. 

Approval of Minutes – September 22, 2010: Commissioner Harman made a motion to approve the minutes as presented, Commissioner Hunt provided the second, Supervisor Hale abstained and motion passed 5-0. 

Chair Proulx advised that the Special Use Permit #2010-006, Arlene Thomas and Kimberly Morris has been deferred until the 11/17/10 meeting. 

Nomination of Planning Commission Secretary: Commissioner Russell nominated Wanda Staton, Supervisor Hale provided the second and all were in favor. 

Final Subdivision – Jack A. and Kathleen Miller 

Chair Proulx stated that a public hearing was held in September. 

Mr. Boger reported that Mr. Jack and Mrs. Kathleen Miller have submitted the revised final subdivision plat for a family division of Lot #54 in Walkers Mountain Subdivision. The address for the property is 1280 Walkers Mountain Road. 

Mr. Boger stated that the plat has been reviewed by staff and finds that it does comply with the requirements for a family division. There are covenants for Walkers Mountain Subdivision that indicated that the lots cannot be further divided. The Planning Commission must recommend approval of this family division since enforcement of the covenants rests with the property owners in the subdivision, not with the county. Mr. Boger stated that revisions on the plat resulted in the creation of a 30’ joint access easement. The soils work has already been approved. 

Chair Proulx asked his there were any questions for Mr. Boger or if Mr. and Mrs. Miller had anything they wanted to add to anything that Mr. Boger had stated. They did not have any additional information. 

Commissioner Russell made the following motion: The Nelson County Planning Commission approves the Final Subdivision plat in Walkers Mountain Subdivision, Lot 54 for Mr. and Mrs. Jack Miller to allow them to create a family subdivision as per plat dated July 22, 2010, revised October 15, 2010 and that it currently meets all the requirements in our zoning ordinance. 

Commissioner Harmon provided the second and motion passed 6-0. 2 

Supervisor Hale stated that this process illustrates a problem. He has surveyed many of these divisions of lots in subdivisions and he doesn’t think it is unusual for someone who buys a lot in a subdivision to expect no further division. He said it seems to be a practice in this county to allow divisions of lots within subdivisions in spite of covenants disallowing it. 

Mr. Boger stated that he has many discussions with the county attorney and each time, as long as it meets the requirements of the Subdivision Ordinance, it must be approved. 

Special Use Permit #2010-004 – Adam H. & Kathryn E. Knott 

Mr. Boger reported that Mr. and Mrs. Knott have revised their Special Use Permit request for a summer camp to be located on Glass Hollow Road (SR #609). The changes made are briefly detailed in their letter to the Planning Commission and Board of Supervisors received on October 12, 2010. The site plan was also revised and the bath house, kitchen and “lean-to’s” were deleted. Also it is his understanding that the proposed activities will take place in an area up the hill from the Knotts’ house. Sanitation requirements will be met with portable privies. 

Staff has reviewed the revised information and if a Special Use Permit is approved, consideration should be given to the following conditions: 

1. Limiting the use of the property for the Living Earth School to no more than thirty (30) days per year and to those activities listed in the letter received by staff on October 13, 2010. 

2. The Planning Director or his designee shall review the permit each year to determine that the applicants are complying with the terms of the Special Use Permit. If it is found that the applicants are not in compliance with the Special Use Permit, the permit is voided and the applicants must apply for a new Special Use Permit. 

3. The Special Use Permit is non-transferable. 

Mr. Boger stated that letters have been received from Joseph Murray, Bo Trimble and the Department of the Interior, National Park Service. The Knotts have contacted staff with the National Park Service asking if the park would issue a permit to allow guided hikes into National Park Service lands. 

Commissioner Tapager asked if the permit would be made to the school or to the Knotts. 

Mr. Boger replied that the permit would be made to the applicants if approved. 

Chair Proulx asked the Knotts to speak. 

Mr. Hub Knott stated that in the past couple years they had programs in the spring for about 16 days. At the last Planning Commission meeting they were asked how many days maximum would they be holding camp. Mr. Knott said 30 days maximum but probably it would only be 16. Mrs. Knott stated that they have really been listening to the neighbors and what they are proposing are a series of programs in the spring and that is all they are going to do right now. Maybe next fall they would have some programs but it would still be under 30 days. Mr. Knott said in the last meeting the neighbors felt like the camp had been sprung on them so they delayed it 60 days. As a result of that meeting, they decided to withdraw their request for a summer session honoring neighbors’ concerns. The Knotts talked to Girl Scout Camp where they are do the camps now and they said they could continue there but there were not guarantees for the future. Mr. Knott stated that there was a lot of concern about doing most of the activities near the 3 

road so they decided to move the activities up the hill. He stated that one adjoining property owner; Marc Chanin owns 19 acres and is in support of the camp. He has a big enough barn for the kids to use in case of a lightning storm. Mrs. Knott said if they build anything it will be something they can use on their farm. Mr. Knott stated that another concern was the entrance and VDOT has approved the entrance. He stated that their programs are quiet by nature. 

Chair Proulx asked the maximum number of participants they are planning on having. Mr. Knott replied around 20. Mrs. Knott said it could be from 12 to 24. 

Commissioner Russell stated that the last time the Knotts were before the Commission it was her understanding that the parents would drop the kids off on the lower level and the pavilion would be where the kids would put their coats and bag lunches and they could move up the hill to where the activities were and now they are saying they are not going to build a pavilion. The Knotts stated that for the one day a week home school program would the kids be dropped off at the barn and the other programs they would be dropped off at the house. 

Commissioner Tapager asked if the 30 days they are asking for will be enough. The Knotts said right now they are only asking to do 16 days. Mrs. Knott stated that in two years they may need 30 days to do all the programs in the spring and fall. 

Chair Proulx opened Public Hearing. She stated to come forward and state your name. 

Public Comment started with Ms.Valerie Mitchell, 1342 Glass Hollow Road. She read a letter from a concerned citizen who wanted to remain anonymous. Her concerns were with traffic and facts about vehicle crashes. She is concerned with air pollution and is environmentally conscious. 

Mr. Russell Fitzgerald, Fox Hollow Road, stated that he objected to the school. He likes to walk in the woods and has seen teepees and trails being built in the mountains. He is afraid the camp will attract more people to the area and more damage will be done to the mountains. 

Mr. Mike Garth’s property borders two corners of the Knotts’ property and he stated he does not want a business in the hollow. If allowed it will open the door to expansion. He stated they keep changing what they are going to do and he is more confused than before. He likes the hollow the way it is. He has lived there for 30 years and feels it is all about the quality of life he has there. He stated that over 90% of the neighbors are against the camp. Most everyone is retired that live in the hollow. He has contacted his insurance company and they told him he would have to post his property. He also stated there are a lot of hunting camps in the community and that they have never had to post their property. He stated if allowed, the camp will change the character of Glass Hollow. 

Mr. Raymond Glass owns property on an adjoining corner of the Knotts and is against their business. He doesn’t want to see the traffic increase or any type of change. 

Ms. Cheryl Cash, 1323 Glass Hollow Road stated that she is concerned about the intentions of the Knotts. It is not clear what they are asking for. She is concerned with fire safety, the Knotts making money off of government land, safety concerns, hunting accidents, water quality, proper facilities and peace and quiet. She stated the Knotts are not certified and wants to know if they 4 

will be required to be. They have gone about this in a suspicious manner and she does not have faith and feels they will not conform to any restrictions. 

Mr. Joe Murray, 1534 Glass Hollow Road, is a part-time resident. He has worked with the Knotts for 11 years. He stated he does not know any kinder, better hearted people. 

Mr. Craig Vanderhauf, 334 Glass Hollow Road, expressed concern about the traffic and safety. 

Mr. Bo Trimble, 1748 Glass Hollow Road, is an adjoining property owner. He discussed concern about traffic, safety and fire. He stated if the proposed permit is passed it will open potential for growth. He stated he can’t seem to get a good idea of what they want and he doesn’t have trust or credibility because they keep changing their plans. He also stated they have been operating for 3 years without a permit. Mr. Trimble feels if the permit is granted, there will be no guarantee of what they do. He feels like the neighbors will have to monitor the programs to make sure they are doing what they said they would and does not feel this should be the neighbors’ responsibility. 

Ms. Diane Garth, 1760 Glass Hollow, stated the camp will affect the way she lives. She stated that the Knotts have had programs there for 3 years. The property adjoins her land and she has seen the children. She doesn’t want to have to be put in a position to tell children not to come on her land. She is also concerned about the driveway because that is where her grandson plays sometimes. She says they have not addressed where the kids will be going to the bathroom, how they will wash their hands and she doesn’t want to see the porta- johns or be able to smell them. 

Ms. Celia McCormac, 1197 Glass Hollow is a property owner near the Knotts. The land belonged to her grandfather. She doesn’t live their permanently but would like to move their when she retires. She has noticed a lot of change is the last few years when she mows. She has noticed increase in traffic. She said she has noticed more people on that road that she does not know as locals. She states the road is hazardous since it has loose gravel and not suitable for an increase in traffic. 

Ms. Valerie Mitchell stated that she wanted to know more about the fire making activity and how would the children be monitored when making fires. 

Chair Proulx closed the public hearing. 

The Knotts were asked to address questions raised during public comment. Mr. Knott addressed the traffic concern. He said a lot of the families carpool. He said on program days they could put up a sign at the beginning of the road about driving safely. He explained the curriculum more in detail. In the spring on Wednesdays, they would have a science curriculum for the home school program from 9:30 a.m. – 3:30 p.m. for 8 weeks. They would finish this program with an overnight stay and that would count as two days. There would be a maximum of 30 days per year. Some spring activities would include adult basketry and animal tracking. Staff would include the Knotts , one hired person and maybe an intern. They are first responder certified and they do have insurance. They do complete background checks on all of their staff. Mr. Knott also said he would be willing to mark the property boundaries. The porta-potties will not be visible to neighbors. Mr. Knott said that VDOT is not requiring a turning lane. 5 

Commissioner Hunt asked if the programs were certified by the state and Mr. Knott said that they are. Commissioner Hunt also asked the age of the children in the programs. Mr. Knott said the youngest would be 8 years old and the oldest 16 or 18 for the home school program. For the summer camp the children have to be 7 years old. 

Ms. Knott stated she wanted to get children out in a beautiful place, in touch with nature. She feels like this will be a great program and will be an asset to Nelson County and it will not drastically change Glass Hollow. 

Supervisor Hale said that if the permit is approved, it needs to be very specific. There is still a lot of vagueness. The permit should detatil how many days, the number of participants and a reporting requirement that must be met in order to see if the activities are within permit approval. 

Chair Proulx stated that she wouldn’t consider approving without conditions. She supported Supervisor Hale’s recommendations and suggested the applicants report to Mr. Boger’s office quarterly. The permit should be non-transferable. Commissioner Russell asked what would be in the report. Supervisor Hale said the report should consist of what type of activity, number of participants, duration of the season or number of days. Chair Proulx stated that would be one way for the county to find out if the Knotts were in compliance or not. Supervisor Hale stated it is not the responsibility of the citizens of that area to monitor what goes on there. If any of the conditions were not met, the permit would become void. If the permit is issued then the enforcement falls upon the county. 

Commissioner Harmon stated that another public hearing could be held in a year to address any concerns. Supervisor Hale said he would be amenable to a one year period with an option to renew following a review and wasn’t sure about another public hearing. 

Commissoner Russell said that if the reports were sent every 3 to 6 months and there were no complaints to the Planning Director there would be no point in having a review. Complaints to the Planning Director would trigger a review and perhaps a public hearing. Supervisor Hale said the applicants should be given to opportunity to pursue their goals on their property. He said that any resident could undertake activities far more objectionable like having parties with loud noise and 50 people and there was no law against it. He said we can set very specific limits to protect concerns of the citizens. Commissioner Hunt said that as an experienced educator she knows the importance of children being outside in their natural surroundings. She also said she knew that it takes a great deal of work to run that type of school and she thinks a lot more planning needs to go into the project. Chair Proulx said she has spent quite a while speaking with a number of people who had worked with the Knotts in various capacities and received universally positive reports. 

Commissioner Tapager stated this is not about who is good or bad. The Knotts have positive statements about their camp but it doesn’t make the citizens from Glass Hollow bad just because they don’t agree with the proposal. Part of the problem is how this has been presented and lack of specificity. He said all the Planning Commission can do is recommend this to the Board of Supervisors. There are two things to consider before a permit can be issued. First, you shall not tend to change the character an established pattern or development of the community. Second, it shall be in harmony with the uses permitted by right. He stated that the community has already come together and they are profoundly troubled by the way this was proposed. He said the 6 

Knotts will have to prove a negative. He said the damage has already been done to the community. 

Commissioner Russell made the following motion: 

The Planning Commission recommends approval of Special Use Permit #2010-004 for 1 year for Adam and Kathryn Knott as outlined in narrative to the Planning Commission and Board of Supervisors received in the Planning office on 10/13/10 and site plan consisting of 2 pages which I have dated 10/27/10 under the following conditions: 

l. Permit allows 20 operating days per year – an overnight shall be considered 

2 days. 

2. Permit limits number of participants to 20 per program with a maximum staff of 4. 

3. No electronically enhanced sound 

4. Starting June 30, 2011 and every 6 months thereafter, the permit holder must file a report with the Planning Director detailing the number of days, number of participants, and types of programs held during the previous 6 months to verify that the applicant is in compliance with the Special Use Permit. If not, the permit shall be voided and the applicant must apply for a new Special Use Permit. 

5. This permit is non-transferable. 

6. The Planning Commission will review this permit annually including holding a public hearing and filing a report with the Board of Supervisors. 

Supervisor Hale provided the second, and motion passed 4-2, with Commissioners Hunt and Tapager voting “no.” 

Supervisor Hale stated that he hopes this will work out. He asked that the residents of Glass Hollow keep an open mind and that the Knotts will limit the impact to everyone on the road. He hopes this will be a harmonious end to a long process. Commissioner Tapager hopes it will work out in one way or another. 

The application will be heard by the Board of Supervisors at their meeting on November 16, 2010. 

Class II Communication Tower Amendment – Verizon Wireless – Permit #2010-003 

Mr. Boger reported that Verizon Wireless, represented by Mr. Stephen Waller, is requesting to install a set of antennas (6 total) on an existing 95 foot monopole with three existing flush mounted antennas at its top located at 695 Stage Road (Tax Map# 76-2-3). The additions proposed by Verizon Wireless will include a new ground equipment shelter and an emergency back-up generator. The antennas will be attached to the existing tower at the 83 foot level, using three (3) sectored T-frame mounting brackets that would permit the installation of the six antennas. The mounts will allow 2 feet separation between the antennas, and there will be approximately 2 feet, 4 inches separation between the antennas and the monopole as well. The antennas will be painted the dark-brown color and finish of the existing tower. Also Verizon Wireless would have to come back to the Planning Commission if more antennas are added. 7 

Commissioner Russell asked Mr. Boger if Mr. Waller submitted a new application with the signature of the tower owner and Mr. Boger stated yes. 

Mr. Steven Waller, consultant for Verizon Wireless, and Lori Schweller, legal counsel were present. A few months ago Mr. Waller asked the PC to include in the proposed amendment to the Communication Tower ordinance some flexibility in allowing some alternative mounting structures other than flush mounts. This is a situation where they would like to use an alternative type of mounting. 

Chair Proulx opened public hearing. There was no comment, therefore, public hearing was closed. 

Commissioner Russell recommended approval of the 3 sectored mount. The original AT&T approval for this tower allowed 3 tiers of flush mounted antennas. AT&T has installed one tier of flush mount and Verizon is proposing this mount which has a much higher profile. She recommends approval with the understanding that if AT&T wishes to add the third tier they have to get approval from the Planning Commission. Because this has such a high profile the County may not want to see a third tier of antennas on that tower. She also stated that she wouldn’t approve a third tier. She would say to AT&T that they would have to give up their third tier if they want Verizon to use such a high profile. Mr. Boger added that he wasn’t sure if you could attach conditions to a permit. 

Supervisor Hale recommended going ahead with approving the 3sectored mount. Supervisor Hale made the following motion: 

The Nelson County Planning Commission approves the communication tower permit amendment CV389G, AT&T, Verizon Wireless collocation of antennas with the requirement that the brackets should also be painted dark brown in color and the cables be placed inside the tower. 

Second was provided by Commissioner Tapager and motion passed 6 – 0. 

Other Business 

Chair Proulx addressed other business on the agenda. 

1. Communication Tower Ordinance would be postponed until the November meeting. 

2. Composting Proposal was presented by Mr. Boger. 

Rural Nelson reported the following from the BOS meeting: 

“CITIZEN REQUEST FOR ZONING ORDINANCE AMENDMENT/COMPOST BUSINESS – Mr. Boger reported that Mr. Eric Walter, President, BlackBear Composting, has expressed an interest in locating his food waste composting business in Nelson County. He noted that the county’s zoning ordinance does not have a definition that allows for a composting business. Mr. Boger presented Bedford County’s definition, “COMPOSTING – The agricultural process by which organic wastes (i.e. yard trimmings, food wastes, manures) are combined in proper ratios; adding bulking agents (i.e. wood chips), as necessary, to provide air space; controlling temperature, moisture, 8 

and oxygen to achieve accelerated decomposition; thus producing a stable humus material.” Mr. Boger said that the issues would include noise, smell and leachate among others. 

Mr. Walter said that he is looking for property in Nelson with the operation taking 2-3 acres. He said that he is looking for approximately 40 acres though to serve as a large buffer for the operation. Mr. Walter said that the system would be for 6-foot wide, three-foot tall winrows of food waste mixed with bulk agents such as wood chips. He said that the business could utilize food waste from restaurants, schools, etc and would require DEQ permits and monitoring. 

After discussion, Supervisors voted 5-0 to direct staff to work with the Planning Commission to consider amending the Zoning Ordinance to include a composting facility.” (Rural Nelson meeting report) 

Mr. Boger stated on October 12th, the Nelson County Board of Supervisors discussed the September 23rd letter from Mr. Eric Walter requesting an amendment be made to the zoning ordinance for a composting facility. Several Board members felt that there may be some benefits for the County to having such a facility in the County. The Board voted during this meeting to refer Mr. Walter’s request to the Commission for consideration. The Board would like the Commission to report back as soon as possible so that they can respond to Mr. Walter’s request. 

The Planning Commission directed staff to analyze requirements for composting business. 

3. Mr. Boger stated that he attended the balloon test for a CVEC tower in Colleen and the balloon was visible from Rt. 56. The test at Wintergreen was not completed due to windy conditions. 

The site plan meetings for November and December will be held on the regular meeting dates of November 10 and December 8, 2010. 

Report from BOS Liaison Allen Hale 

Supervisor Hale reported that there are many issues to be resolved in the Mountain View Brewery pre-treatment process. 

Adjournment 

At 10:20 P.M., Commissioner Harmon made a motion to adjourn. Motion passed 6-0. 

Respectfully submitted, 

Wanda L. Staton