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BZA Minutes 02132018PITTSYLVANIA COUNTY BOARD OF ZONING APPEALS REGULAR MEETING Tuesday, February 13, 2018 MINUTES VIRGINIA: The Pittsylvania County Board of Zoning Appeals met on Tuesday, February 13, 2018, in the General District Courtroom, Edwin R. Shields Courthouse Addition, Chatham, Virginia. Mr. Talbott called the meeting to order at approximately 7:00 p.m. The Board observed a moment of silence. Ms. Hayes called the roll. PRESENT Kenneth Talbott R. Allan Easley Joseph “Jay” Craddock Helen Glass Leon Griffith Ronald Merricks Carroll Yeaman Karen N. Hayes APPROVAL OF THE AGENDA Upon motion of Mr. Yeaman, seconded by Ms. Glass, and by unanimous vote, the agenda was approved as presented. APPROVAL OF THE MINUTES By motion of Mr. Easley, seconded by Mr. Craddock, and by unanimous vote, the minutes of the January 9, 2018, meeting were approved as presented. OLD BUSINESS A discussion was held regarding the Decommissioning Bond for Blue Oak Energy. NEW BUSINESS Ms. Hayes reported there are no cases for the March 2018 cycle. Mr. Talbott explained Ex Parte Communications and the Board of Zoning Appeals (BZA). He then stated the Board members cannot discuss cases and must refrain from entering facts or laws regarding cases. THE ZONING PRECEPTS WERE READ BY Mr. Talbott to OPEN THE PUBLIC HEARING at approximately 7:08 p.m. Case S-1, James L. Gibson & Areta H. Gibson, S-17-015 – The Chairman opened the public hearing at approximately 7:08 p.m. Ms. Hayes, Interim Zoning Administrator, reported that the James and Areta Gibson had petitioned for a Special Use Permit on 69.87 acres, located on U.S. Highway 40/W Gretna Road and on State Road 781/Rockcreek Road, in the Callands-Gretna Election District for temporary uses – construction activity, including associated building, for Mountain Valley Pipeline, LLC. Mr. Robert Pichardo, as agent, was present to represent the petition. He gave a brief overview of Mountain Valley Pipeline, LLC, and then stated the site would utilize fourteen (14) acres. He also stated visibility is high in both directions at the site, and he then stated a Proffer of Conditions Board of Zoning Appeals Page 2 February 13, 2018 was presented to the Board members on February 13, 2018, with four (4) conditions. He then presented a PowerPoint Program to the Board members. Mark Joyner, Deborah Dix, Karen Maute, Ann Rogers, Bonnie Law, Roberta Bondurant, and Wayne Massey spoke in opposition to the petition. Their concerns included, but were not limited to, the following: Mountain Valley Pipeline, LLC, has not been honest and has not received the necessary permits; Highway 40 has no shoulders or safety railings; Mountain Valley Pipeline, LLC, needs to comply with the Ordinance and obtain Special Use Permits for permanent easements; MVP has no ties to the community and they can disappear at any time; MVP has no corporate structure or no financial backing; there is no protection for the county and is not a good investment for the county; no application was made for pipeline right-of-way; many unanswered questions, environmental issues, etc. Ms. Dix, Ms. Maute, and Ms. Law presented various documents to the Board members for their review. Mr. Pichardo offered a rebuttal and stated half of the individuals in opposition were not citizens of Pittsylvania County. He stated there will be no man camps or tents on the property, and the workers will stay in nearby motels. He then stated an archaeological survey was made of the Gibson property and there were no findings. He also stated there were no requirements from VDOT to widen State Road 781 at the intersection. He then stated safety is the number one priority. He also stated this is a $ 3.5 Billion venture. The Chairman closed the public hearing at approximately 8:12 p.m. The Board discussed the petition as the Committee of the Whole. During the discussion, the adverse effects were summarized and how they could be mitigated, which included the following: (1) Traffic; (2) Noise; (3) Security; and (4) Lighting. During the discussion, it was also stated there was no opposition from adjacent property owners and this case involved the lay down yard only and not the pipeline. Upon motion of Mr. Easley, seconded by Mr. Yeaman, the following motion was adopted: Whereas, James L. Gibson and Areta H. Gibson have petitioned the Board of Zoning appeals for a Special Use Permit for temporary uses – construction activity, including associated buildings, for Mountain Valley Pipeline, LLC, and, Whereas, we find no substantial detriment to adjacent property, that the character of the zoning district will not be changed thereby, and that such use will be in harmony with the purpose and intent of the Ordinance, I move the Special Use Permit be granted. With the following conditions: (1) Accept the proffered conditions of February 12, 2018; (2) Enforce school bus curfew on truck traffic; (3) Meet VDOT permit requirements at site and State Road 781 and Highway 40 intersections; (4) Use best dust suppression techniques; and (5) Provide 24 hour security. Motion passed unanimously. This concludes the Special Use Case. The meeting adjourned at approximately 8:40 p.m. _________________________________ Kenneth Talbott, Chairman ________________________________ Kathy H. Belton, Clerk