THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, March 2, 1996 TAG: 9603020261
SECTION: LOCAL PAGE: B3 EDITION: NORTH CAROLINA
SOURCE: ASSOCIATED PRESS
DATELINE: LAWRENCEVILLE, VA. LENGTH: Medium: 58 lines
A Brunswick County zoning panel will decide Wednesday whether the county needs a special zoning permit before a Lake Gaston pipeline can be built.
The Brunswick Board of Zoning Appeals heard arguments this week on the issue, which is the latest delay in Virginia Beach's effort to draw water from the lake straddling the Virginia-North Carolina border. North Carolina officials have fought unsuccessfully to stop the project, claiming it will harm their state's environment.
The city's plans to construct a facility in the county to withdraw water from Lake Gaston and for laying about 19 miles of pipe.
County supervisors approved the project in 1989, but later adopted a zoning ordinance requiring the permit. The county staff is in favor of requiring the permit.
Virginia Beach officials argued Wednesday the county already has approved the project, and that the city has diligently proceeded with the pipeline. In letters to the county, Virginia Beach attorneys say the city has spent more than $3 million on the project in Brunswick alone.
If the county requires the special permit, Virginia Beach will be forced to present its case at still more public hearings.
Virginia Beach's public utilities director, Clarence O. Warnstaff, said Thursday the city believes it should not have to get the permit ``because under state law, we have vested rights based on the prior approvals granted by the county.''
But county Zoning Administrator Tim Wilson said supervisors did not have the authority in 1989 to exempt the city from a future ordinance.
Brunswick's staff points to a sentence from the county's 1989 contract with Virginia Beach that says the county would not unreasonably withhold permission to build the project under the provisions of any local zoning law.
``Basically, I read this statement as a recognition by both the county and the city . . . that permissions would have to be sought under the provisions of any zoning ordinance,'' Wilson said.
Brunswick Board of Zoning Appeals Chairman Vincent Powell said he believed the clause was one of the strongest points in the county's favor.
Virginia Beach's Warnstaff wouldn't talk about the clause, saying there could be ``potential litigation between us and Brunswick County.''
One of Virginia Beach's attorneys, William M. Macali, said ``no contract provision is going to take the place of state law.'' He said Virginia case law shows certain legal criteria must be met in order to be exempt from a zoning ordinance, and that Virginia Beach has satisfied those elements.
Virginia Beach also argues that two county officials have told the city that no permits were required for the project. Wilson said he believes the statements may have been made about specific portions of the project in the county, as opposed to the entire project.
KEYWORDS: LAKE GASTON PIPELINE ZONING PERMIT BRUNSWICK COUNTY by CNB