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Possible Litigation
Supervisor chairman E. P. Luke, the only audience for the BZA meeting, interjected that moving the power line will give Potomac Edison another set of property owners to deal with. “I can see the possibility of litigation,” he warned.
First, PE’s engineers will have to survey to find the best route for the rebuilt line before contacting landowners to see what they will sell the additional right-of-way for, Nichols responded.
“I wish there was some way we could give tentative approval,” Estes said. “This thing just hasn’t gelled enough... I like the idea of moving the line. I think it will benefit the community.”
After discussion on wording, the BZA voted unanimously to approve Potomac Edison’s special use permit application to rebuild the power line at higher voltage on the utility's existing right-of-way. The board agreed that any deviation from that right-ofway will require acquisition of additional land from the affected property owners.
“Then I can bring back a plat of any new location for another public hearing after the additional right-of-way is secured,” Nichols noted.
In accordance with the BZA’s decision, commonwealth’s attorney Douglas Baumgardner will be asked to draw up the special use permit which, at Estes’ suggestion, will also specify the design of the new line.
In other action, the BZA voted unanimously to:
—issue a special use permit to Eleanor Atkins to operate a beauty shop in her Amissville home, —extend a trailer permit by six months for David and Stephen Poliak who are constructing two houses in
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