Westmoreland supervisors refer zoning case, confirm appointments and hear calls to clean historic dump and protect Pomona view shed

The Westmoreland County Board of Supervisors voted Tuesday to refer a pending zoning case back to the county zoning office for further review, confirmed appointments to two local boards and recessed into closed session after hearing public comments about a decades-old dump site and a newly approved solar facility.

The board’s referral motion instructs the zoning office to determine what modifications, if any, must be made to the application and to decide whether those modifications are substantial enough to require the matter to return to the board for formal action. The board said it will hold a called meeting if the zoning office determines the changes require board approval.

The referral came after a motion was made and seconded; Supervisors Henson, McCormick, Ingram, Trivette and the chair voted in favor. The board also approved two appointments at once: (1) a wetlands board appointment (identified in the meeting as “Mr. Elgin, manager”) and (2) James McConkey to the zoning/building appeals position. Those appointments were moved, seconded and approved by the same recorded vote group.

Public comment that followed focused largely on environmental contamination and land-use impacts. Richard Wilkins, of Cedar Hill Road, asked about an item in the county budget he understood to be a roughly $1.112 million savings tied to Republic (the county’s solid-waste contractor) and whether that represented a refund or reduced charges. County staff responded that the county is realizing savings this year—citing control of charges for residents bringing trash to the transfer station—and offered to follow up with the commenter on specifics.

Multiple speakers asked the board to address long-running contamination at the Old Town dump site, a shoreline property the public described as roughly 20 acres with about a mile of shoreline and long-accumulated debris. A member of the public who identified himself as speaking on behalf of community concerns said the site contains “petroleum, cleaning products, cars, tires, propane cylinders, heating oil cylinders” and appliances, and said past water sampling and newspaper reporting described polychlorinated biphenyls (PCBs) and other contaminants. The commenter said he has asked both state and federal agencies about cleanup funds and urged the county to pursue assistance; the board asked that any documentary information about available funds be provided so staff can follow up.

Paul Traub, who said he previously raised concerns about a house at 485 Maguire’s Wharf Road, thanked supervisors for recent action that resulted in the county purchasing that property. Traub said the property’s failing back wall is now in the Namine Creek and contains asbestos and lead, and he asked when the county will remove the hazard. He also urged enforcement of county codes for other blighted properties in the county.

Heather Fanning, who identified herself as a Pomona Road resident and owner of a historic property called Pomona, said the county had just approved a solar facility minutes earlier and that the project will destroy her property’s historic view shed. Fanning said the board’s recent solar energy policy — which she described as setting a 5-megawatt and 50-acre threshold for “utility-scale” projects — is arbitrary and that notice to affected neighbors was inadequate. "75 feet is nothing," Fanning said of the buffer, showing photos she said depict cleared land that will be covered by panels. She requested greater consideration of historic resources, the project’s purpose, and public notice prior to approvals.

The board closed the public-comment period, then voted to enter a closed session under Virginia Code section 2.2-3711(A)(7) for consultation with legal counsel regarding probable litigation. The motion to go into closed session was moved, seconded and carried by unanimous voice vote; the board recessed to the conference room.

The board did not make any cleanup commitments or change the solar approval on the record during the public-comment period; speakers were told staff would follow up on documentary materials and that the county has historically looked into some of the environmental concerns raised. The board’s referral of the zoning case means the zoning office will determine whether modifications are substantial enough to return the matter to the board for further action.

The meeting also included routine announcements and an invitation to an upcoming Northern Neck Region Antique Auto Show; those items were presented during general public comment and did not result in board action.