BOARD OF ZONING APPEALS Alexander Sharp, Chai Jennifer H. Matthews, Viee-C David L. Koniek, Secretary Christopher L. Bird Ronald W. Makelt BOARD OF ZONING APPEALS P.O. Box 57 Washington, Virginia 2274 Phone: (510) 937-5067 Faye (510) 675-5941 wow Jscoupiyva.gou RECORD OF DECISION January 23, 2019 After due notice of hearing and publication thereof for two successive weeks in the Rappahannock News and written notice mailed to the appellants and adjoining landowners in accordance with Sections 170-135 and 170-140(E)(5) of the Rappahannock County Code, and Virginia Code §15.2-2204 came on to be heard on WEDNESDAY, JANUARY 23, 2019 aT 7:00 O'CLOCK P.M. at the Courthouse in Washington, Virginia, in order to hear and decide the following appeal: 7 Pursuant to Rappahannock County Code §170-135 (Appeals) and ginia §15.2-2311, on December 14, 2018, Patty Hardee and William P. Freitag (“Appellants”) filed an appeal regarding the Zoning Administrator's letter determination dated November 5, 2018 regarding compliance issues relating to the Gregory T. Williams, t/a “Williams Tree Service LLC” special exception permit issued by the Board of Supervisors in July 2007 (SEP Ne 07-05-01). UPON CONSIDERATION THEREOF, including the Appeal Package subs behalf of Appellants, the Supplemental Filing submitted January 17, 2019, the Motion for Recusal filed January 17, 2019, the submission by Franklin B. Reynolds on behalf of the landowner, Gregory T. Williams, the supplemental filing in response thereto on behalf of Appellants, the sworn testimony of the witnesses, including the Zoning Administrator, the Appellants and other adjoining landowners and potentially aggrieved parties, and the arguments of Counsel for the Zoning Administrator, Arthur L. Goff, the Appellants, Gifford T. Hampshire, and the landowner, Franklin B. Reynolds, and after consultation with the Board’s counsel, Michael W.S. Lockaby, it appearing to the Board that it was proper so to do, it was accordinglyRECORD OF DECISION APPEAL OF HARDEE AND FREITAG ON SEP Ne 07-05-01 (WILLIAMS TREE SERVICE, LLC) TANUARY 23, 2019 page 2 RESOLVED and DECIDED as follows: (1) The Motion for Recusal of David L. Konick from this case based on personal bias toward one of the Appellants was denied (3-1-1, with Ms. Matthews voting nay and Mr. Konick abstaining) because the Board lacks authority under Virginia Code §15.2-2308 to order a member to recuse himself or herself and such a matter is up to the sound discretion of the member. (2) The Board found by majority vote (4-0-1, with Mr. Konick abstaining) that the Appellants had standing as “aggrieved parties” to bring this appeal. (3) The Board found by unanimous vote (5-0) that after the passage of thirty days without an appeal being taken pursuant to Virginia Code §15.2-2285(F) to either the original permit issued by the Board of Supervisors of Rappahannock County or the modifications thereto adopted in 2012, the BZA does not have subject matter jurisdiction to determine (based on an appeal of a finding of the Zoning ‘Administrator or otherwise) whether or not the special exception permit issued by the Board of Supervisors in July 2007 (SEP Nv 07-05-01) was void ab initio or whether or not the permit holder does or does not have vested rights under Virginia Code §15.2-2307 or Virginia Code §15.2-2311, these being matters within the jurisdiction of either the Board of Supervisors or the Circuit Court of Rappahannock County, Virginia, (4) As to the alleged violations of the conditions of SEP Ne 07-05-01 outlined in the complaint letter from Bob Mann in October 2018 (including the allegation of a substantial increase in intensity of the use allowed under the permit) and the Zoning Administrator's November 5, 2018 determination letter in response thereto, the Board did not have sufficient evidence to rebut the presumption of validity attaching to the Zoning Administrator's determinations or to overturn her decision, and therefore said determination and decision is AFFIRMED by unanimous vote of the Board, 5-0. Alexander Shap Caiman { iar David I/ Konick, Secretary