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CHESAPEAKE BAY EXCEPTION REVIEW COMMITTEE Meeting Minutes January 5, 2005 Committee Present: Absent: Anne Kanter, James Davis, James Hardcastle, Chris Terpak-Malm, Harry Glasgow, Stephen Kirby, Paul Imse, Jean Huang, Robert Jordan, Scott Martin Daniel Jackson, Staff: Qayyum Khan, Valerie Tucker, Jerry Stonefield, Camylyn Lewis, Shahab Baig Attendees: James T. Nicklay, Scott Peterson, Whit Field, Frank Crandall, Richard Ellis, Deborah Armitage, Pat Harty, Greg McLaughlin, Michelle Brickner, Carole Dixon, Mike Bruen The meeting commenced at 2:06 pm with 10 of the 11 committee members present. Following was the order of business: I. Syed Ali and Komal Kazmi Public Hearing Resource Protection Area Encroachment Exception CBE #027084/000242-WRPA-001-1 To construct a single family home within RPA. Mr. Martin, upon the request of the applicants, made the motion to defer the Public Hearing on CBE #027084/000242-WRPA-001-1 until a revised application is submitted. It was noted that the applicant would have to reinitiate to notice process to bring this matter before the ERC. Mr. Glasgow seconded the motion which carried unanimously. The committee adopted the resolution deferring the matter indefinitely. (Attachment A) II. Spring Hill Farm Public Hearing Resource Protection Area Encroachment Exception CBE #026909/004901-WRPA-001-1 To construct a stormwater management pond in RPA. Ms. Kanter stated that Mr. Ellis (the applicant) is a former neighbor of hers and Ms. Armitage is a good friend of hers, she also stated that she had not discussed this case with them. The Chair asked if anybody have any objection against Ms. Kanter participating in this meeting. There were no objections made, Mr. Imse proceeded with the public hearing. A brief presentation by staff summarizing the case was given by Ms. Camylyn Lewis. The applicant’s request was presented by Mr. Scott Peterson (engineer). Mr. Frank Crandall, Mr. James Nicklay, and Mr. Whit Field spoke from the public. The staff recommended Exception CBE #027084 for approval subject to the proposed development conditions dated December 23, 2004, contained in attachment A of the staff report. During its discussion, the committee also engaged in extended colloquies with the staff, the applicant and his representatives, and others present at the hearing. Final, Adopted March 2, 2005 CHESAPEAKE BAY EXCEPTION REVIEW COMMITTEE Meeting Minutes January 5, 2005 Page 2 of 3 Mr. Jordan made the motion that the committee to deny the application CBE #026909/004901-WRPA-001-1. Ms. Kanter seconded the motion, which carried unanimously The committee adopted the attached resolution. (Attachment B) III. Administrative Items Mr. Shahab Baig reminded the committee members of the deadline to fill out the financial disclosures. He also pointed out that he has to inform the Clerk to the BOS of any committee member who misses three meetings consecutively. An attendance record for the year 2004 was also distributed. Mr. Baig also informed the ERC that all members of County boards, authorities, commissions, and committees (BACs), individually and collectively, do not lobby the General Assembly or any public agency, state, federal, or local, on a position that is contrary to the official position of the Board of Supervisors. Members of a BAC or the group itself may not appear before public agencies as a representative of such a group without informing the Board of Supervisors. However, a member of a BAC may appear before public agencies without informing the Board of Supervisors if that appearance is made as a personal appearance by that member. IV. Election of Officers After nominations from the nominating committee and none from the floor, the following officers were elected unanimously: ♦ Chair Mr. Paul Imse ♦ Vice Chair Ms. Anne Kanter ♦ Secretary Ms. Jean Huang V. Previous Meeting Minutes It had been discovered there was an inadvertent error in the October 6, 2004 meeting minutes, which had been previously revised. The Committee moved, seconded and unanimously approved the new revision of the October 6th minutes. Committee also moved, seconded and approved the November 3, 2004, meeting minutes as corrected. VI. Potential Upcoming Cases Ms. Valerie Tucker informed the committee that there is a case scheduled for hearing in February. Ms. Tucker said there are no other significant cases to add to the list at this time. VII. Open Mr. Imse said that he would like to have a discussion at the next ERC hearing or meeting about what the committee has experienced through the last year, the lessons learned, ideas for the future, etc. VIII. Announcements Mr. Glasgow announced that Mr. Jordan will be resigning from the committee. He acknowledged the services of Mr. Jordan. Mr. Jordan also spoke and shared his future plans. The Chair thanked Mr. Jordan for his services and told him how much his knowledge, insight and wisdom would be missed by the ERC. IX. Next Meeting Final, Adopted March 2, 2005 CHESAPEAKE BAY EXCEPTION REVIEW COMMITTEE Meeting Minutes January 5, 2005 Page 3 of 3 The next meeting is scheduled for February 2, 2005, at 2:00pm. The meeting was adjourned at 4:30 pm. X. Attachments Agenda; October 6, 2004, meeting minutes; November 3, 2004, meeting minutes; and Calendar Year 2004 attendance record. Two handouts distributed during the hearing, are attached as Attachments C and D. Final, Adopted March 2, 2005 CHESAPEAKE BAY EXCEPTION REVIEW COMMITTEE Meeting Minutes March 2, 2005 Committee Present: Anne Kanter, James Davis, Chris Terpak-Malm, Harry Glasgow, Stephen Kirby, Paul Imse, Jean Huang, Whit Field, Scott Martin Absent: Daniel Jackson, James Hardcastle Staff: Valerie Tucker, Jerry Stonefield, Camylyn Lewis, Yosif Ibrahim, Elfatih Salim, Bruce Nassimbeni, Ken Williams, Don Lacquement, Shahab Baig The meeting commenced at 2:09 pm with 9 of the 11 committee members present. Following was the order of business: I. Introduction of New Committee Member Mr. Whit Field introduced himself to the committee as the representative of the Dranesville district. Mr. Field was appointed by the Board of Supervisors at its meeting on February 28, 2005. He is filling the position vacated by Mr. Robert E. Jordan. II. Previous Meeting Minutes Committee also moved, seconded and approved the January 5, 2005, meeting minutes. III. RPA Workshop The staff gave the following presentation: o Plan and Exception/Waiver Submission Process - by Ken Williams, Plan and Document Control o RPA Buffer Definition - by Yosif Ibrahim, Environmental and Site Review Division o Redelineation Study Review Process - by Don Lacquement, Stormwater Planning Division o Processing Steps for ERC Exceptions - by Camylyn Lewis, Environmental and Site Review Division o Staff Review of Applications under CBPO Article 6 - by Jerry Stonefield, Environmental and Site Review Division IV. Discussion on Communication with Staff Ms. Anne Kanter informed the committee of the meeting between the Chair, Vice Chair and some staff members. Committee discussion followed and following are the points of the discussion: Staff will meet the ERC district representative involved early on to discuss the case. If needed, the chair, vice chair, or any other at-large member can also be involved. cc the district ERC member on the letter notifying the acceptance of the case The ERC member should call the staff if they have any questions on the staff report More information is needed on how WQ benefits exceeds WQ detriments Final, Adopted June 1, 2005 CHESAPEAKE BAY EXCEPTION REVIEW COMMITTEE Meeting Minutes January 5, 2004 Page 2 of 2 In staff recommendation, state why they reached to that recommendation. Follow established Rules of Procedure more closely. Conditions should be based on the application. It is not a compromise or negotiation. Motions should be emailed to ERC a couple days ahead of the meeting. V. Potential Upcoming Cases Staff provided the members with the list of Potential Upcoming Case. Staff informed that there are no other significant cases to add to the list at this time. VI. Look Back at First Year The committee discussed sharing their concerns regarding the loopholes in the CBO with the Environmental Committee. They also discussed inviting Heather Mackey from CBLAD to come speak about Fairfax County’s compliance with the Chesapeake Bay Act. The new tracking system is currently being updated with data. It will be a couple more months before it is ready for use. VII. Announcements Mr. Glasgow informed that the ERC bylaws were approve the Board of Supervisor in its meeting of February 7, 2005. VIII. Next Meeting The next meeting is scheduled for May 4, 2005, at 2:00pm, if Heather Mackey could make it to that meeting. The meeting was adjourned at 5:04 pm. IX. Attachments Agenda; January, 2004, meeting minutes (draft); Resolution and letter for CBE #027084/0002921-WRPA-001-1 Resolution and letter for CBE #026909/0004901-WRPA-001-1 Two handouts distributed during the hearing (January), are attached as Attachments C and D. November, 2004, meeting minutes (final) October, 2004, meeting minutes (final) Rules of Procedure for Hearing before ERC Draft CHESAPEAKE BAY EXCEPTION REVIEW COMMITTEE Meeting Minutes June 1, 2005 Committee Present: Chris Terpak-Malm, Harry Glasgow, Stephen Kirby, Paul Imse, Jean Huang, Whit Field Absent: Anne Kanter, James Davis, Daniel Jackson, James Hardcastle, Scott Martin Staff: Jerry Stonefield, Camylyn Lewis, Yosif Ibrahim, Elfatih Salim, Michelle Brickner, Jeff Blackford, Qayyum Khan, Shahab Baig The meeting commenced at 2:05 pm with 6 of the 11 committee members present. Following was the order of business: I. Previous Meeting Minutes Committee moved, seconded, and approved the March 2, 2005, meeting minutes. II. Committee Officers Update Mr. Imse stated he will be submitting his official resignation as the Mason District representative and as the Chair next week. He informed that the Bylaws provide that if one of the officers resigns that position becomes vacant and has to be replaced by election. He said the Nominating committee will reconstitute itself and report in the next meeting. It was suggested that nominating committee should follow the VFOIA requirements and advertise the notice of such meeting accordingly. III. Overall Process Improvement Ideas The committee asked the possibility of being informed of all waivers regarding Chesapeake Bay exceptions processed administratively or by the Board. There was extensive discussion with staff on how the system and the ordinance is set up and organized. There is feeling that a lot of disturbances are occurring in RPA. Maybe the ordinance needs to be more stringent. The Permits Branch does not keep records of construction approved in RPA area; they only keep record of location of disturbed area for any construction disturbing less than 2500 sq ft. During discussions regarding the amount of applications which have been received, the Exception Review Committee inquired about the number of complaints received and violations issued by the county pertaining to activities within RPA. In calendar year 2004, the Code Enforcement Branch of Land Development Services, DPWES, received 13 complaints pertaining to RPAs. Of those complaints, most were determined by staff to be either not valid or were resolved by the land owner without further actions necessary by the county. Of those 13 complaints, four Notices of Violation were issued by Code Enforcement for non-compliance, all of which were resolved by the land owners without further legal action required by the county (one violation resulted in the submission and approval of a grading plan). As of this date in calendar year 2005, the Code Enforcement Branch has received 18 complaints pertaining to RPAs, of which two have resulted in Notices of Violation. Staff is Final, Adopted August 3, 2005 CHESAPEAKE BAY EXCEPTION REVIEW COMMITTEE Meeting Minutes June 1, 2005 Page 2 of 2 continuing to work with the land owners toward code compliance and resolution of those cases. In the inability to gain compliance, staff will pursue further legal recourse. IV. Potential Upcoming Cases There will be one case likely to be heard in August, and there is a chance that the previously deferred case may also be heard in that meeting. V. Announcements Mr. Imse said that he will be leaving and that he enjoyed working with the all the members and staff. The members thanked for his service. Staff asked if the numbers of Chesapeake Bay violations will be included in the minutes. VI. Next Meeting Committee decided to schedule next meeting for August 3rd and to have elections that day before the hearings. The meeting was adjourned at 3:02 pm. VII. Attachments Agenda; March, 2005, meeting minutes (draft); January, 2005, meeting minutes (final) Copy of memorandum from The County Attorney (confidential Attorney-Client Communicationnot be released to the public) Final, Adopted August 3, 2005 CHESAPEAKE BAY EXCEPTION REVIEW COMMITTEE Meeting Minutes August 3, 2005 Committee Present: Anne Kanter, James Davis, Harry Glasgow, Stephen Kirby, Jean Huang, Whit Field, James Hardcastle, Patricia Payne, Scott Martin Absent: Chris Terpak-Malm, Daniel Jackson Staff: Jerry Stonefield, Camylyn Lewis, Yosif Ibrahim, Jeff Blackford, Qayyum Khan, Valerie Tucker, Assad Ayoubi, Shahab Baig Attendees: George Rhodes III, Patrick Kessler, Mick Frasier, Lynne Strobel, Carlo Katindig, Richard Woodward, Frank Woodward, Wayne Preston, Ellery F Calkin, Denis Hannan The meeting commenced at 1:32 pm with 8 of the 11 committee members present. The ninth member joined in later. Following was the order of business: I. Introduction of New Member Ms. Patricia Payne introduced herself to the rest of the committee members. Ms. Payne is representing the Mason District and is filling the position vacated by Mr. Paul Imse. The other committee members then introduced themselves. II. Election of Officers Mr. Glasgow, representing the nominating committee, announced the names of the candidates for the Chairman, Vice Chairman, and the Secretary positions and asked if anyone from floor would like to nominate anyone else. The election followed by ballot voting. Following is the result of the elections: Chairman Vice Chairman Secretary Whit Field Harry Glasgow Jean Huang The committee took a recess before opening the Public Hearing scheduled at 2:00 pm III. Belay Tadesse Public Hearing Resource Protection Area Encroachment Exception CBE #7294-WRPA-002-1 To subdivide site into three single- family, detached dwellings, including development of a temporary road, portions of three driveways, a portion of sidewalk, and four raingardens within the RPA. Ms. Camylyn Lewis from staff made the statement that applicant has not met the requirement for notifying all the adjacent properties as per section 118-6-3 and requested that hearing be deferred. Mr. George Rhodes III, the agent for the applicant, agreed. Mr. Glasgow made the motion to defer the Public Hearing on CBE #7294-WRPA-002-1 until next regular scheduled meeting of ERC, provided that all required notices have been given at that time. Mr. Kirby seconded the motion, which carried unanimously. The resolution was adopted. (Attachment A) Final-Adopted September 7, 2005 CHESAPEAKE BAY EXCEPTION REVIEW COMMITTEE Meeting Minutes August 3, 2005 Page 2 of 3 IV. Syed Ali and Komal Kazmi Public Hearing Resource Protection Area Encroachment Exception CBE #027084(revised 00242-WRPA-0011) To construct a single family home within the RPA. Mr. Glasgow stated that the attorney representing the applicant is a friend of his. He stated that this will not influence his decision regarding case. There were no objections made; Mr. Field proceeded with the public hearing. A brief presentation by staff summarizing the case was given by Mr. Yosif Ibrahim. The applicant’s request was presented by Mr. Patrick Kessler (engineer). Mr. Ellery Calkins spoke from the public. The staff recommended Exception CBE #027084(revised 00242-WRPA-001-1) for approval, subject to the proposed development conditions contained in attachment A of the staff report. A committee discussion followed and Mr. Scott Martin made the motion for the committee to approve with development conditions, as attached here. Mr. Davis seconded the motion, which carried unanimously. (Attachment B) V. Approval of Previous Meeting Minutes Committee moved, seconded and approved the June 1st meeting minutes. Ms. Payne abstained. VI. Announcements Mr. Baig reported that Ms. Heather Mackey, Chesapeake Bay Principal Planner for DCR, visited Fairfax County. He informed the committee that Ms. Mackey was pleased with the overall performance of the County, but there were some minor issues in record keeping. A report of her visit would be provided at the next meeting. The committee members suggested that they should invite Ms. Mackey to one of the future ERC meetings or to provide a training session. Mr. Davis asked if staff can provide a list of waiver processed administratively. Staff said they will work on it. During the discussion around understating the waiver and exception procedure, Mr. Field said that he will work with staff to prepare a flow diagram showing the exception and waiver procedure. VII. Next Meeting Next meeting is scheduled for September 7th. The meeting was adjourned at 3:47 pm. VIII. Attachments Agenda; June, 2005, meeting minutes (draft); March, 2005, meeting minutes (final); BAC Membership Report (7/28/2005) Final-Adopted September 7, 2005 CHESAPEAKE BAY EXCEPTION REVIEW COMMITTEE Meeting Minutes August 3, 2005 Page 3 of 3 Handouts: Staff Reports Final-Adopted September 7, 2005 CHESAPEAKE BAY EXCEPTION REVIEW COMMITTEE Meeting Minutes September 7, 2005 Committee Present: Anne Kanter, James Davis, Harry Glasgow, Stephen Kirby, Jean Huang, Whit Field, James Hardcastle, Daniel Jackson, Scott Martin, Chris TerpakMalm Absent: Patricia Payne Staff: Jerry Stonefield, Yosif Ibrahim, Jeff Blackford, Qayyum Khan, Valerie Tucker, Shahab Baig Attendees: George Rhodes III, Tom Thomas The meeting commenced at 2:01 pm with 10 of the 11 committee members present. Following was the order of business: I. Belay Tadesse Public Hearing Resource Protection Area Encroachment Exception CBE #7294-WRPA-002-1, to construct three access entrances and driveways, a temporary road, a sidewalk, and four biofiltration systems (raingardens), for new single-family subdivision, within RPA. On August 3, 2005 the Exception Review Committee (ERC) deferred the public hearing to September 7, 2005. The applicant, George Rhodes, has requested by letter that the Public Hearing be deferred. After a brief statement from the applicant, Mr. Kirby made the motion to defer the Public Hearing on CBE #7294-WRPA-002-1 until a revised application is submitted. Mr. Davis seconded the motion, which carried unanimously. The resolution was adopted. (Attachment A) II. Approval of Previous Meeting Minutes Committee moved, seconded and approved the August 3rd meeting minutes. III. RPA Exception and Waiver List Ms. Tucker distributed and discussed the RPA Exception and Waiver list to the committee. IV. Announcements Mr. Baig reported that he has contacted Ms. Heather Mackey, the Chesapeake Bay Principal Planner for DCR. He informed the Committee that she was not available to attend the next meeting but is willing to accommodate some other time. The Committee decided to schedule a meeting which will work for her and the committee members. Mr. Baig also informed the Committee that there will be a workshop in November in Richmond. Staff informed the Committee of the two likely upcoming cases. Mr. Field stated that there are some inconsistencies in the by-laws. He suggested that if there are no cases to hear next meeting, they review them and clean it up. V. Next Meeting Next meeting is scheduled for October 5th. The meeting was adjourned at 2:24 pm. VI. Attachments Agenda; Final-Adopted November 2, 2005 CHESAPEAKE BAY EXCEPTION REVIEW COMMITTEE Meeting Minutes September 7, 2005 Page 2 of 2 August, 2005, meeting minutes (draft); June, 2005, meeting minutes (final); Handouts: RPA Exception and Waiver List Final-Adopted September 7, 2005 CHESAPEAKE BAY EXCEPTION REVIEW COMMITTEE Meeting Minutes November 2, 2005 Committee Present: Anne Kanter, James Davis, Harry Glasgow, Stephen Kirby, Jean Huang, Whit Field, James Hardcastle, Scott Martin, Chris Terpak-Malm Absent: Patricia Payne, Daniel Jackson Staff: Jerry Stonefield, Camylyn Lewis, Elfatih Salim, Jeff Blackford, Qayyum Khan, Valerie Tucker, Assad Ayoubi, Bruce Nassimbeni, Michelle Brickner, Jimmie Jenkins, Shahab Baig, Nick Antonopoulos Attendees: Carl Bouchard, Don Demetrius, Nathaniel Bawcombe, Frank Spicer, Charles King, Kan Kurtenbach The meeting commenced at 2:06 pm with 9 of the 11 Committee members present. Following was the order of business: I. Public Hearing - Fairfax County Board of Supervisors Resource Protection Area Encroachment Exception CBE #4365-WRPA-001-1 Construction of a regional pond R-17 in a Resource Protection Area (RPA). After the disclosure of no conflicts from any ERC members, Mr. Salim of the Staff gave a preliminary statement describing the application. The applicant, Mr. Bouchard presented an overview of the project a using power point slide show. He and members of his staff (Mr. Demetrius and Mr. Bawcombe) answered questions raised by the ERC Members. Mr. Kurtenbach, a nearby homeowner, also made a brief statement favoring the project. The staff recommended Exception CBE #4365-WRPA-001-1 for approval, subject to the proposed development conditions contained in attachment A of the staff report. A committee discussion followed and Mr. Scott Martin made the motion for the Committee to approve the application request with development conditions. Mr. Glasgow seconded the motion, which carried unanimously. (Attachment A) II. Approval of Previous Meeting Minutes Committee moved, seconded, and approved the September 7th, 2005, meeting minutes. III. Announcements Ms. Kanter informed the Committee about a program by The Virginia Urban Forest Council, Clearing the Air With Virginia Trees, November 10, 2005. Mr. Blackford stated that Mr. Jenkins, Director of DPWES, has requested staff to insure that the County is held to the same standards as the private industry is. Further, the County is very concerned that the private industry may see it otherwise. The staff stated that there were no pending applications for review next month. Mr. Davis presented a reach of stream recently reclassified as non-perennial, and a dead fish recently found at a point on this stream; the fish was dead at the time it was found. Final-Adopted December 7, 2005 CHESAPEAKE BAY EXCEPTION REVIEW COMMITTEE Meeting Minutes November 2, 2005 Page 2 of 2 Mr. Davis noted that the current classification to a perennial stream requires a 26 step determination, while declassification is a simple one step visual determination. He requested that the classification of this particular stream be brought to the attention of the determining authority. IV. Next Meeting The chairman suggested that since there is no upcoming case to be heard in next meeting, he would like to take the time to discuss the by-laws and procedures and to do some housekeeping. The next meeting is scheduled for December 7th. The meeting was adjourned at 3:03 pm. V. Attachments Agenda; September, 2005, meeting minutes (draft); August, 2005, meeting minutes (final); Draft Committee Present: CHESAPEAKE BAY EXCEPTION REVIEW COMMITTEE Meeting Minutes December 7, 2005 Anne Kanter, James Davis, Harry Glasgow, Stephen Kirby, Jean Huang, Whit Field, Chris Terpak-Malm, Patricia Payne Absent: Dan Jackson, James Hardcastle, Scott Martin Staff: Camylyn Lewis, Elfatih Salim, Jerry Stonefield, Valerie Tucker, Yosif Ibrahim, Michelle Brickner, Assad Ayoubi, Tu Nguyen The meeting commenced at 2:05 pm with 8 of the 11 Committee members present. Following was the order of business: I. ERC Web page update Tu Nguyen, DPWES ITS, filled the group in on the County web page policy, the option for intranet or internet, and the procedures to have a page set up. As the web page is to provide information to the public, it was decided that the internet will be used. Harry Glasgow and Whit Field will work with Tu, and do the paperwork to have the web page set up. II. Approval of Previous Meeting Minutes Committee moved, seconded, and approved the November’s, meeting minutes with amendment, “Mr. Davis presented a reach of stream recently reclassified as nonperennial,” III. Discussion of Regional Pond issues moderated by Mr. Field The committee requested that the new Director of Stormwater, Randy Bartlet, give a briefing on regional ponds. The committee also considered requesting a future briefing from CBLAD. IV. The rules of procedure The committed voted to change item 10 to read as follows, “The time limit for a person to make a statement or presentation shall be extended as determined by the Chair,”. V. By Laws The committee reviewed the By Laws, with a view to staggering appointments. As natural attrition may result in staggered terms, no changes were proposed at this time. However, it was decided that the committee will review the Boards policy. VI. Election of Officers Officers for the coming year are required. Harry Glasgow will lead the nominating committee who will present nominations at the next meeting. Public affairs are to be notified of the date and time of the next meeting. VII. Next Meeting The next meeting is scheduled for January 4th 2006. The meeting was adjourned at 3:10pm. I. Attachments Agenda; December, meeting minutes (draft); Final, Adopted January 4, 2006 CHESAPEAKE BAY EXCEPTION REVIEW COMMITTEE Meeting Minutes December 7, 2005 Page 2 of 2 November, meeting minutes (final); Draft