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my ue auviseu 10 pui a ^iass £. wen in anyway,” Mr. Bird said. The Class 2 well has an extra protective casing enclosing it to prevent leachate from the septic field from infiltrating into the well. Class 2 wells can be as close as 50 feet to a drainfield, while Class 3 wells must be 100 feet away.
The primary concern the BZA members had was whether this variance would set a precedent for many more. In order to grant a variance the BZA has to make several findings. One requires that the hardship not be shared by other properties in the vicinity, and not so general or recurring that a better solution would be the adoption of an amendment to the zoning ordinance which addresses all such problems.
“There are a lot of lots like that; there is a question in my mind how unique this situation is,” member Sid Gottlieb commented.
“If it is a common thing the Board of Supervisors ought to deal with, we defer to them rather than grant a million variances,” Mr. Bird said.
“This is the first one we’ve had in Chester Gap for a variance,” BZA chairman Butch Zindel said.
“That’s because most people get two lots together to build on,” Mr. McCarthy replied.
“As soon as we do one, everybody will come in,” Mr. Zindel said. “Now we have people combining lots, and that’s good for the neighborhood.”
As the members reviewed the findings, Mr. Zindel said he could not find that the situation was sufficiently unique. The other members could, and with the provision that the well be located to accommodate Mr. Carder’s planned septic system, the members voted unanimously to grant the variance.
The BZA also approved the ap- • plication of Joy Benedict and Richard Cartwright-Brown to increase the capacity of their bed and breakfast from two to four rooms.
Several months ago the BZA denied the application of James and Edna Scott for a variance to keep a pond on their property, close to their neighbors’ property line and house; The pond had been constructed, according to testimony during the hearing, before the Scotts knew that it violated ordinance requirements by its proximity to the property line.
The BZA denied the request for a variance, and ordered that the pond be drained and the area regraded to remove the depression where the pond was located. The members were told at last week’s meeting that the pond has been drained, but that no regrading has been done, and the hole remains.
The BZA ordered that the pond be removed within 90 days.
Mr. McCarthy told the BZA members that the pond had been drained within 30 days, but nothing further had happened. The BZA voted to “instruct Mr. McCarthy to refer the matter to the commonwealth’s attorney for further action to obtain compliance with the order that the pond be removed.” James Swindler abstained on the vote, because he had not attended the meetings at which the Scott pond was considered.
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