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notice and the right to appeal. Should they exercise that right, another meeting must be called and the same evidence probably heard all over again, Mr. Kramer said. “Wrong, it’s wrong to hold two hearings on the same issue!”
But Mr. Swindler, Chairman Bird and Gregory Monahan weren’t ready to find that a violation had occurred, something they felt must precede a decision to revoke a special use permit.
“I’m not ready for a revocation because the evidence (on the subdivision issue) doesn’t move me,” said Mr. Monahan.
“It doesn’t move me either,” agreed Chairman Bird.
“In fact, the quality of the evidence stinks!” Mr. Monahan added.
The zoning administrator pointed out that many of the allegations can’t be investigated since the instances involved occurred some time ago. So, Mr. McCarthy said, the BZA members will have to hear evidence and decide themselves. The question of whether family subdivisions invalidate the special use permit and the question of conditions attached to the sewer permit were the only points on which the zoning administrator gave the BZA a recommendation at Wednesday’s hearing. On the first, he found cause for permit revocation; on the second, he reported that Mr. Lockhart had told him the sewage system was not limited to temporary use.
The BZA asked Mr. McCarthy to investigate the Gorfeins’ other allegations, particularly the question of sewer system adequacy raised on Wednesday, and report his findings at the hearing on November 5. Attorneys Reynolds and Baumgardner agreed to limit evidence and argument to the issues already before the BZA. In addition, Sharon Luke asked the lawyers to address the question of whether a permitted use covers an entire property. For instance, she explained, if a permit for a cemetery is issued for a large tract of land and the land is later subdivided, does each piece of that land then have a permit for a cemetery?
The Board also ordered the complete transcript on the hearing at which the Sharps’ special use permit was issued and relayed a request to the Commonwealth’s Attorney for an opinion on whether a special use permit is granted to the property owner or to the property.
In a tangential matter, Mr. Baumgardner reported that the Sharps’ plan to apply for a new special use permit for migrant worker housing for up to 16 laborers. The expanded housing, which would fall under federal regulations, is necessitated by their expanding orchard business, the attorney said.
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