Accomack Board of Supervisors approves rezoning and conditional use permits to allow Village Development at Captain’s Cove

After a public hearing at Wednesday night’s Accomack County Board of Supervisors meeting,  the Board approved a rezoning request by CCG Note LLC to change a parcel of land on State Line Road near Greenbackville  from Residential to Village Development.which will be called Hastings Mariner.  The vote was 8 to 1 in favor of the project.  The property is adjacent to Captain’s Cove.  CCG Note LLC plans to construct town houses along with some retail on the site.  The Accomack County Planning Commission recommended the Board grant the zoning request.

The  Planning Commission made the recommendation because the Village Development designation is similar to the residential designation and is appropriate for the property.   Also the Comprehensive Plan designated the area adjacent to Captain’s Cove as appropriate for Village Development. The 2008 Comprehensive Plan stated that the Village Development concept is appropriate for future neighborhood, commercial and institutional development.

CCG Note LLC has provided a proffer statement providing assurances related to the development of the property to include the construction of a central water and sewer system and donations to the Greenbackville Vol. Fire Company for ambulance and EMS and the Accomack County Public School System.  The proffer statement identifies AQUA as having agreed to provide the water and sewage system.

The Planning Commission concluded that “the rezoning of the property is consistent with the Comprehensive Plan and improves the public health, safety and welfare by providing single-family housing and commercial retail development in accord with the current and future needs of the County; by contributing to schools and EMS services; by taking into consideration the concerns of the United states Navy and NASA for adequate housing for its service members and employees, and by providing streets, utilities, enhanced landscape, and recreational facilities to serve the development.”

Fourteen speakers, all from the area spoke in opposition to the project.   One of the predominant concerns was that the roads within Captain’s Cove are privately owned and maintained by the homeowners association and not intended to be used for access by the Hastings Mariner Project residents.  Other complaints concerned the resources, common areas and utility right of ways were for use of Captain’s Cove residences, and there has been almost unanimous opposition to the project by area residents.  Concerns were also voiced about the quality of the current water provided by Aqua and whether the company would be able to provide service to the residents of the new development. Other concerns were about the fact that the rental units will attract younger families with children thus affecting the quality of life for the current residents. Concerns about safety also were raised.  One speaker stated that the developers had at one point classified the proposal as providing “affordable housing”  but later changing that to more upscale housing. Some questioned the legality of using roads and property from Captain’s Cove to meet proffers. Some of the speakers indicated that legal representation has been recruited to represent the homeowners if the Board approved the project.

Rich Morrison of the Planning Department stated that the conditions of the proffers  include resolving the legal issues involving use of the road, and that adequate and establishing that  safe water and sewage service can be provided.  Morrison said the Developer will have to prove to the County that it has the legal authority to use the road.  Morrison said that all of the complaints were heard by and  carefully considered by the Planning Commission before it recommended the Board approve the project.

Supervisor Wolf asked that if  any of the conditions are not met by the developers if the project could continue.  Morrison replied that if the conditions are not met entirely then building permits will not be issued thereby stopping the project.

County Attorney Jan Proctor stated that the County cannot enforce declarations of  the Homeowners Association and that the legal issues concerning roads and utility easements will have to be resolved  before the project can go forward.

Supervisor Robert Crockett asked Morrison if the project met the requirement of the Comprehensive Plan,  if the project met the legal requirements to move forward at this point, and if the water quality would have to be approved by the DEQ.   Morrison responded yes to all three questions.

The Board then voted to approve the rezoning request.

The Wallops Flight Facility anticipates the need for new housing to accommodate the expected growth at the facility not only by existing clients but the expansion anticipated by the  the new Rocket Lab facility construction which is scheduled to begin soon.

The Board voted unanimously to approve the rezoning request.

Following another public hearing, the Board also voted to grant a special use permit for CCG Note LLC to construct a 140 unit unit Townhome and Commercial Mixed-Use Development at the site.  The Planning Commission voted to 6-2 in February to recommend to the Board of Supervisors that the request be granted.

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