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Supervisors approve 10‑lot waiver on Nicholas Lane with paving, HOA and road‑maintenance conditions
Summary
The board granted a subdivision waiver (SWR25‑0004) allowing 10 lots to use private Nicholas Lane for access, with conditions requiring a road‑maintenance agreement or HOA, staged road assessments and paving commitments from the developer.
The Bedford County Board of Supervisors voted on Oct. 14 to grant a subdivision waiver request (SWR25‑0004) from Smith Mountain Lake Holdings (Rob Sorrentino) to create 10 single‑family lots fronting on the private Nicholas Lane, subject to conditions including paving and a road maintenance agreement.
Planning staff explained the waiver is from county ordinance section 31‑424 and permits additional lots to front on an existing private street when the board finds appropriate hardship and other standards are met. The proposed subdivision includes 10 lots—five about two acres and five about one acre—served by the existing Nicholas Lane private easement. Staff recommended substantial conformance with the concept plan, driveway access only to Nicholas Lane, and an executed road‑maintenance agreement requiring lot owners to join the Hickory Cove property owners association or the developer to form a Nicholas Lane property owners association to collect assessments for road upkeep.
Staff and the applicant’s counsel, Steve Grant, told supervisors Mr. Sorrentino intends to maintain the road and may pave it, and that the developer plans to require new lot owners to join the HOA or form a separate association. Planning staff recommended documenting the existing road condition and performing an assessment when 50 percent of lots are developed to determine necessary repairs; the assessment could be used to hold remaining lot development until improvements are made.
Neighbors raised concerns. Myla Miller, owner at 1325 Nicholas Lane, said the gravel road already sees speeding and that adding 10 homes would “put a lot of stress on the road.” She urged that paving be required before approval and observed there is not currently a formal HOA requiring membership of all homeowners.
Board debate touched on liability and future county involvement: supervisors noted private‑road residents previously decided not to pursue state road acceptance, that private roads can create calls for county assistance later, and that short‑term rentals exist in the area though the applicant said that was not the project intent.
Supervisor Tuck moved to approve Resolution R101425‑04 with the additional paving condition; Mr. Johnson seconded. Roll‑call recorded the motion carried; Chair cast the deciding vote in favor. Approved conditions include the staff‑recommended concept conformance, driveway access limits, mandatory road‑maintenance provisions and a requirement to repair construction damage with staged assessments during development.
The waiver allows development to proceed; the county will monitor road condition and compliance with the HOA/road‑maintenance agreement and paving commitments as part of implementation.
