Commission and supervisors recommend, then approve, Morstein large-lot subdivision conditional on health and road agreements

The Planning Commission recommended and the Board of Supervisors approved a subdivision that would divide a 28.5947-acre parcel (Madison County tax map 42-30-3) into three new parcels plus a residual.

Applicant representation on the record included Mark Morstein, who said he had owned the property for roughly 40 years and sought a “large lot” subdivision to preserve rural character. Planning staff advised the commission that Health Department approval for on-site disposal (drain fields) had not yet been received and that the health department is commonly the last agency to provide comments. Staff recommended, and the commission conditioned approval on, attainment of Health Department approval in accordance with the subdivision ordinance and execution/filing of a road maintenance agreement.

At the Planning Commission meeting the record shows the commission moved to recommend case SDDash02Dash25Dash1 to the Board of Supervisors for approval conditioned on Health Department approval and completion of the road maintenance agreement; the motion carried after a second. At the Board meeting, a motion to approve the subdivision as recommended by the Planning Commission passed.

Public comment produced technical concerns about erosion and stormwater control from Phil Hawkins, who urged the county to require a stormwater management plan rather than an “agreement in lieu,” calling the latter a “plan to fail.” Hawkins said cumulative disturbance area for a subdivision must be included in E&S (erosion and sediment) control planning and that some cleared lots lacked required stabilization, inlet protection and silt-fence maintenance. He asked how the county tracks disturbed-area measurements, inspection frequency, and whether enforcement capacity matched the workload. Staff responded that the county’s E&S administrator submits required plans to Culpeper Soil and Water and that any disturbance over one acre would require a DEQ general construction permit; staff also noted inspections and filing steps tied to the ordinance.

Other public commenters supported the applicant. Ben Tissue, speaking from his professional land-development experience, said Morstein had taken a conservative approach to lot sizes (he characterized proposed lots as larger than the minimums, saying three lots of about 7.5 acres and one of about 5.6 acres) and urged approval. Neighbor Keith Urban said the house sites appeared appropriately sited and supported the proposal.

The Planning Commission’s recommendation and the Board’s subsequent approval were explicitly conditioned on Health Department approval and the road maintenance agreement being executed and filed in accordance with county ordinance.