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Urbanna BZA could vote on marina appeal Monday

Out-of-court settlement still sought

by Tom Chillemi

Attorneys for condominium developer Potomac Timber Investments and the Urbanna Town Council have been trying for two months to reach an out-of-court settlement of a marina zoning appeal and a $4 million lawsuit.

The appeal and lawsuit are separate issues, but are connected in that they both involve the same 1.5 acres at Urbanna Yachting Center. The Urbanna Board of Zoning Appeals (BZA) appeal deals with rebuilding the marina. The lawsuit involves the proposed construction of 14 condominiums at the site.

If no agreement is reached on the appeal, the BZA could decide the fate of the proposed marina project at Urbanna Yachting Center when it meets on Monday, August 3, at 7 p.m. in the town hall.

Attorneys have twice asked the Urbanna BZA to continue the marina appeal so the two parties could work on a solution.

The BZA appeal stems from a site plan rejection by Urbanna Town Administrator Lewis Filling that blocked the rebuilding of the marina.

On March 27, Potomac Timber filed a town zoning permit application to remove docks housing 82 old slips and some old boathouses; to install five new docks with 98 slips; replace fuel tanks; and replace 263 linear feet of bulkhead. Filling denied this application.

Ray E. Watson Jr., a partner in Potomac Timber, appealed Filling’s decision on April 21. A public hearing was held May 26 on the matter.

The BZA is comprised of chair J.D. Magness, Martha Lowe, Martha Heric, Lewis Smith and Bill Hight.

Lawsuit

In September 2008, the developer also sued the town council for $4 million after it failed to grant permits to build 14 condominiums on 1.5 acres at the same marina, whose large boathouse is visible from the Urbanna Creek bridge.

posted 07.29.2009

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