COMMENTARY
Buying Bank Building Out of Sync with Comprehensive Plan
By TIMOTHY J. KRAWCZEL
August 3, 2012
Local governments in Virginia can do only those things that the state code specifically enables them to do, and must do them according to the procedures outlined in the Code.
Virginia envisions that local governments will have robust land use planning programs as a linchpin, engaged citizens, and active civic discourse.
One way the law of Virginia prescribes to fulfill this purpose is to require each municipality to have a Comprehensive Plan for the future physical development of the jurisdiction, founded on careful study and public input.
“Good public policy is made after a careful review of facts and consideration of public opinion.”
The Code of Virginia also obligates public officials, such as Town Councils, to carefully consider the adopted Comprehensive Plan before making a land use decision.
The Code is specific: Section 15.2-2232, Legal status of plan, stipulates that once a Town’s comprehensive plan has been approved and adopted, it shall control the general or approximate location, character and extent of each public facility . . . . Thereafter, unless a feature is already shown on the adopted master plan or part thereof , no park . . . or other public area, public building or public structure . . . whether publicly or privately owned, shall be constructed, established or authorized, unless and until the general location or approximate location, character, and extent thereof has been submitted to and approved by the commission as being substantially in accord with the adopted comprehensive plan or part thereof. . . . [Read more…]
Public Hearings on Rezoning School Property August 23
By KAREN JOLLY DAVIS
Cape Charles Wave
August 1, 2012
At a special meeting Tuesday night, the Cape Charles Town Council set a date for two public hearings regarding zoning for the old Cape Charles high school. The Town has signed a purchase contract with Echelon Resources, Inc., to sell the building and land for $10, but a condition of the contract is that the zoning be changed to allow for a 17-unit apartment building.
The public hearings are scheduled for Thursday, August 23, at 6 p.m. at a location to be announced.
Residents crowded the council chamber for Tuesday’s meeting, spilling out into the hallway. But because it was a special meeting, no public comment was allowed.
Frank Wendell was the only member of council to vote against holding the public hearings. He questioned the need to rezone the school property from Open Space to R-1 Residential, and the subsequent conditional use permit that would allow Echelon to locate an apartment building in an R-1 zone.
“Is replacement of the basketball court the only condition for the conditional use?” Wendell asked. “No repurchase agreement, like the [Town] attorney recommended?” [Read more…]
Some of Town’s Biggest Landowners Owe Back Taxes
By KAREN JOLLY DAVIS
Cape Charles Wave
July 31, 2012
Delinquent taxpayers owe the Town of Cape Charles over a quarter million dollars. And the companies that owe the most are among the largest landowners in town — Baymark Construction Corp., Bay Creek LLC, and Bay Creek Marina and Resort LLC.
“We should be caught up within 60 days,” said Oral Lambert, speaking for the Bay Creek companies. “There are many entities in our corporate group and this is just a small percentage of the total. The vast majority of the Bay Creek taxes have already been paid.”
Town Manager Heather Arcos informed the Wave that the Town collects an average of about 96 percent of taxes due each year. Delinquent real estate taxes, including penalties and interest, equal $250,856 as of July 26.
Arcos said Cape Charles uses a string of methods to collect back taxes. The Town mails bills, sends out reminder letters, and sometimes even calls the delinquent owner. Payment plans can be arranged. And under the Town Code, officials can withhold permits until taxes are paid. [Read more…]
James Fraser, Retired Town Employee, 1940-2012
James Fraser, 72, husband of Margaret Hope Jolly Fraser and a resident of Cape Charles, passed away Thursday, July 26, at his residence.
He was born May 16, 1940, in Glasgow, Scotland, the son of the late James R. Fraser and the late Alice Nobbs Fraser.
He was a retired wastewater technician for the Town of Cape Charles and was affiliated with the Capeville Masonic Lodge #107.
In addition to his wife, he is survived by two daughters, Heather Nace and her husband, Christopher, of Coral Springs, FL, and Christine Eadeh and her husband, John, of Philadelphia, PA; two sisters, Rae and Janice; and three grandsons, Colin, Ian, and Brendan Nace, all of Coral Springs.
To honor his wishes, no public service will be held. In lieu of flowers, memorials may be made to Riverside Shore Cancer Center, P.O. Box 17, Nassawadox, VA 23413. [Read more…]
Clam Slam to Show Harbor No Longer ‘Across the Tracks’
Cape Charles Harbormaster Smitty Dize with a racing “cork” and one of the competition boats, the Jay B. (Wave photo)
By KAREN JOLLY DAVIS
Cape Charles Wave
July 30, 2012
Spin a workboat from one dock to another, attach four lines to four posts bow and aft, and do it in about 30 seconds — that’s the essence of a boat docking contest. Next weekend in the Cape Charles harbor, watermen from Virginia and Maryland will compete to see who is the fastest.
“They risk tearing their boats up,” said Harbormaster Smitty Dize, who organized the event. “Most of them get dinged up. Last year, one guy knocked a part of his guard off, but that’s to be expected. It can be a very expensive thing if you tear up the hydraulic line.”
The boat docking contest is one of many events planned for the Inaugural Cape Charles Clam Slam, a town-wide festival August 3-5. Participants will enjoy three live bands, trash to treasures and yard sales, vendors, a Shriners Parade and car show, skiff and cork races, and clams, clams, clams.
“We’re not doing these events to make a profit,” said Dize. “We’re hoping to offset the costs of other town events, like the 4th of July fireworks.”
Last year, the town hosted its first docking race. Six boats competed before a crowd of about 1,200. Dize expects 9 or 10 boats in three divisions this year, and double the attendance. The Clam Slam Facebook page is getting lots of traffic, he said. And a yacht club that had one member attend last year is bringing 30 boats next weekend.
“A lot of vacationers are here this year because we exposed the town last year,” said Dize.
Cape Charles got a $10,000 grant from the U.S. Fish and Wildlife Service to market the harbor. The grant paid for ads in boating magazines like Proptalk and Spinsheet, plus rack cards and other marketing tools. Massive harbor improvements have prompted some to consider it the new center of town.
“No, we’re not the center of town,” said Dize. “But we’re actually attached to the town now. The harbor used to be on the other side of the railroad tracks.” [Read more…]
First Boardwalk Gazebo Party Finally Gets a Break
G.Z. Slick Band played the old favorites backed up by a sunset afterglow. (Wave photos)
July 29, 2012
Heat lightning flashed across the Bay, but the third try was the charm for the Northampton Chamber of Commerce’s “Applaud the Sun” Boardwalk Gazebo Party last night. Due to rain, the party was cancelled two Saturdays ago and again last Saturday.
G.Z. Slick played the music and Ol’ Sol provided the lighting effects, all to a backdrop of several classic cars from the ’60s.
This was the Chamber’s first Boardwalk Gazebo party, replacing last year’s Harbor parties. Which location do you prefer? Comments invited.
Mark Demarino of Cheriton showed off his just-restored 1968 Plymouth Barracuda with a 340 V-8, two 4-barrel carbs, and a nitrous oxide tank in the trunk. He was not late to the party!
TUESDAY 7/31: Town Council Special Meeting on Rezoning School Property
Town Council will hold a special meeting at 6 p.m. Tuesday, July 31, at Town Hall to review the recommendations of the Planning Commission for the rezoning and conditional use permit for the school property adjoining Central Park.
Town staff has recommended that the Council consider holding a final public hearing on the issue on Thursday, August 23, at 6 p.m. The only action that would be taken by Council July 31 would be to schedule the public hearing.
The 21-page agenda packet, including staff background papers and recommendations, may be read by clicking here: Town Council Special Meeting Packet July 31
Planning Commission Recommends Allowing Old School to Become Apartment Building
Wayne Creed of Old School Cape Charles addresses Planning Commission at Thursday’s public hearing. (Wave photo)
By DORIE SOUTHERN
Cape Charles Wave
July 27, 2012
The Cape Charles Planning Commission yesterday voted unanimously to recommend approval of the rezoning of the Old Cape Charles High School, adjoining parking lot, and basketball court from Open Space to R-1 residential.
The Planning Commission also voted 3-1 to recommend approval of a Conditional Use Permit to allow Echelon Resources, a private developer, to convert the school into a 17-unit apartment building located in an area of mostly single-family homes.
The votes were preceded by a public hearing, at which all the members of the public who spoke opposed the rezoning and conditional use.
Lenora Mitchell said the rezoning and the conditional use would “destroy the character of the neighborhood.” She noted that the basketball court next to the school is a community asset used across racial, age, ethnic and social lines. Under the terms of the contract signed by the Town, the basketball court will become a private parking lot for the apartment house.
John Peterman, an adjacent property owner and part-time resident, said, “We had no idea this would happen when we bought our property. We would not have bought it had we known.”
Wayne Creed, president of Old School Cape Charles, LLC, asked, “What happened that we are converting a public asset to a private asset? Why? Because we are in the Historic District we are eligible for government grants and loans and tax credits to improve the building, but those will be going to a private developer instead of the people of Cape Charles.”
Creed reminded the Planning Commission that the Historic District Review Board had rejected the proposal to convert the school into an apartment house as inappropriate.
Creed said the park has always been open space and the school has always been part of the park. “History shows that they were always together,” he said.
