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and if that permit had been applied for before construction, then CenTel would also have known that a setback variance was required.
“So that effectively ends the application,” noted Bird. “There will be no variance granted in this case. And we can’t grant the special use permit either because the use must be in accord with the provisions of the ordinance.”
Safety An Issue
Earlier in the meeting in reviewing findings which must be made before a special use permit may be issued, the board members questioned whether the new facility adversely affects safety.
Luke asked if the utility had secured a permit from the highway department for the entrance to the new facility.
Donavan replied that the entrance already existed when he became involved in the project.
“There was no existing entrance before CenTel acquired the easement,” reported Peggy Rolfe, a neighboring land owner. She pointed to possible traffic safety hazards posed by the sharp angle that the road takes just before the driveway into the utility site and asked how CenTel trucks would get in and out.
Service vehicles will either pull in or back into the site, according to Donavan. He acknowledged that the lot does not provide enough room to turn around and therefore, trucks that go in front first will have to back out onto Route 729.
Luke and Swindler agreed that backing either in or out posed a safety hazard. “The solution is to acquire more land from Metcalfe, Swindler added.
Donavan replied that CenTel will contact the landowner regarding an additional easement for expanding the lot to allow for sufficient off street parking and turnaround space.
(As the result of the variance denial, Konick reported this Tuesday that he has written to CenTel directing the telephone company to remove the structure immediately or enforcement action will be taken.)
Conflict Everywhere
Left without a quorum due to conflict of interest, the BZA tabled a request from Potomac Edison Power Company for extension of a building permit. At the same time, the members left hanging a question of whether the permit would have been extended with a quorum since it appeared that the utility had failed to satisfy zoning ordinance requirements for a development plan.
At issue was the permit for rebuilding the power company’s line from Luray to the Sperryville substation, upgrading it from 32.5 to 138 kilovolts.
“I am involved in litigation and will disqualify myself,” said zoning admin
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