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Condo SUP revoked

by Tom Chillemi

Following a public hearing on June 18, the Urbanna Town Council revoked a Special Use Permit (SUP) issued to Potomac Timber Investments #227 LLC in November 2006.

By revoking the permit, plans for construction of 14 condominiums on Urbanna Creek appear doomed.

Council’s revocation will automatically be appealed to the Urbanna Board of Zoning Appeals (BZA), said town council attorney Andy Bury.

No representative of Potomac Timber was at Monday’s public hearing. Potomac Timber could argue against the revocation to the BZA, and later appeal the decision to the Middlesex Circuit Court.

However, in July 2011, Potomac Timber withdrew its $4.5 million lawsuit against town council and has not re-filed it.

The SUP was revoked by an “ordinance” that states Potomac Timber “has not complied with terms and conditions” of the SUP, and has “failed to submit a site plan to date that complies with the provisions of Chapter 17 of the Urbanna Town Code.”

The ordinance to revoke the SUP also notes that Potomac Timber did not pay Urbanna real estate taxes for 2010 and 2011, and did not pay Middlesex County real estate taxes for the second half of 2009, and the full years of 2010 and 2011. Potomac Timber also has not paid personal property taxes to the town or county for the years 2009, 2010 and 2011.

Further, the ordinance states Potomac Timber “has not properly maintained the marina facilities and (not) made the necessary repairs after Hurricane Irene in order to ensure the health, safety and welfare of the residents, slip holders, guests, invitees, employees and others visiting the marina facilities and surrounding area.”

Sunken barge
In addition, Potomac Timber “has failed, refused or neglected to address the dangerous situation created by a submerged barge that was previously docked at its marina facilities on the property creating a safety issue for watercraft and individuals.”

The only member of the public to speak during the public hearing was Owen Youlef, who is managing the marina property owned by Potomac Timber Investments. He told council that Potomac Timber does not own the barge, and that it is owned by Urbanna Yachting Sales and Service, which is owned by Ray Watson.

Bury told council that during past legal proceedings, Watson and Ken Fleischman were identified as members of Potomac Timber “Management” #227 LLC, which managed the marina property that is owned by Potomac Timber “Investments.”

Youlef said the sunken barge issue has been turned over to the Virginia Marine Police for enforcement action.

posted 06.20.2012

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