Public Notices

NOTICE OF PUBLIC HEARING
FLOODPLAIN MANAGEMENT ORDINANCE
Notice is hereby given pursuant to Chapter 22, 15.2-2204 of the Code of Virginia, as amended, that the Northumberland County Board of Supervisors will hold a public hearing on October 9, 2014 at 7:00 p.m. in the Northumberland County Courts Building at 220 Judicial Place in Heathsville, adjacent to the Sheriff’s Office, in order to consider amendments to the County’s Floodplain Management Ordinance (Ch. 76) that was adopted on August 12, 2010. The proposed amendments are required by the Department of Conservation and Recreation (DCR) and the Federal Emergency Management Agency (FEMA) to maintain the County’s participation in the National Flood Insurance Program (NFIP). Northumberland County recommends that all citizens check on how their property relates to the revised Flood Insurance Rate Map’s (FIRM’s) as the Floodplain Ordinance amendments and FIRM changes are extensive. The proposed Floodplain Ordinance amendments and FIRM’s can be reviewed in the Office of Building and Zoning. The proposed Floodplain Ordinance can also be reviewed on the County’s webpage at www.co.northumberland.va.us.
All written comments should be received by the Office of Building and Zoning prior to the Board of Supervisors meeting. For further information concerning this request, contact the Office of Building & Zoning at the Courthouse in Heathsville, VA (580-7921 or email pmarston@co.northumberland.va.us). If you are physically disabled, hearing or visually impaired and need assistance with this hearing, please call Bill Knight at (804) 580-8910 (Voice) or Via the Virginia Relay or TDD for assistance.
Northumberland County Board of Supervisors
By: Philip Marston, Zoning Administrator
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Notice of Public Hearing
Notice is hereby given pursuant to Chapter 22, 15.2-2204 of the Code of Virginia as amended that the Northumberland County Board of Supervisors will hold a public hearing on Thursday, October 9, 2014 at 7:00 p.m. in the Northumberland County Courts Building (220 Judicial Pl) in Heathsville in order to consider the following requests.
1. Request by John E. and Carolyn F. Shelton, owners, for a Conditional Use Permit to allow a single family dwelling on property zoned Business General (B-1) located at 876 Main Street in Reedville.
2. Request by Gay B. Dickinson Trustee, owner, and Allan and Suzanne Poole, applicants, for an Exception to the Chesapeake Bay Preservation Area Ordinance to construct a single family dwelling partially within the seaward 50’ of the Resource Protection Area Buffer. The property is shown as Tax Map Parcel #28-C(6)-486 in Sherwood Forest Subdivision.
3. Request by Thomas O. Nutt, owner, for a Conditional Use Permit to allow a commercial aquaculture operation, growing and harvesting oysters, on property zoned Residential Waterfront (R-2), located at 272 Bridge Creek Circle.
Proposed requests can be viewed in the Office of Building and Zoning. All written comments should be received by the Office of Building and Zoning prior to the Board meeting. For further information concerning this request, contact the Office of Building & Zoning at the Courthouse in Heathsville, VA (580-7921 or email pmarston@co.northumberland.va.us). If you are physically disabled, hearing or visually impaired and need assistance with this hearing, please call Bill Knight at (804) 580-8910 (Voice) or Via the Virginia Relay or TDD for assistance.
Northumberland County Board of Supervisors
By: Philip Marston, Zoning Administrator
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Notice of Public Hearing
Notice is hereby given pursuant to Chapter 11, 15.2-2204 of the Code of Virginia as amended that the Northumberland County Board of Zoning Appeals will hold a public hearing on Tuesday, October 7, 2014 at 7:00 p.m. in the Board of Supervisors room in the old Courthouse at 72 Monument Place in Heathsville in order to consider the following request.
1. Request by Henry L. Sr., and Beulah D. Hammock, owner, for a variance to Article V, Section 148-49, of the Northumberland County Zoning Ordinance to allow an accessory structure to be located less than the required (thirty five) 35’ feet from the street right-of-way. The property is located at 947 Lancelot Drive and is shown as Tax Map Parcel #28-C-(4)-201
Proposed requests can be viewed in the Office of Building and Zoning. (All written comments should be received by the Office of Building and Zoning prior to the Board meeting. For further information concerning this request, contact the Office of Building & Zoning at the Courthouse in Heathsville, VA (580-7921 or email pmarston@co.northumberland.va.us). If you are physically disabled, hearing or visually impaired and need assistance with this hearing, please call Bill Knight at (804) 580-8910 (Voice) or Via the Virginia Relay or TDD for assistance.
Northumberland County Board of Zoning Appeals
By: Philip Marston, Zoning Administrator
Hammock, owner, for a variance to Article V, Section 148-49, of the Northumberland County Zoning Ordinance to allow an accessory structure to be located less than the required (thirty five) 35’ feet from the street right-of-way. The property is located at 947 Lancelot Drive and is shown as Tax Map Parcel #28-C-(4)-201
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NOTICE OF TRUSTEE’S SALE
OF REAL ESTATE LOCATED
IN NORTHUMBERLAND
COUNTY, VIRGINIA
In execution of a Deed of Trust dated July 20, 2010, and recorded in the Clerk’s Office of the Circuit Court of Northumberland County, Virginia, as Instrument #201010001623, the undersigned Substitute Trustee, having been appointed by Instrument dated August 26, 2014 and recorded as Instrument #20140001609, will offer for sale at public auction the following-described property, to-wit:
All that certain lot, piece or parcel of land, together with all improvements thereon and all rights, ways and privileges thereunto appertaining, situate, lying and being in the Fairfield Magisterial District, Northumberland County, Virginia, known and designated as Lot #24 of Shoreline Estates, containing 2.64 acres, more or less, as shown on a plat of survey by Tomlin & Keyser, dated August 15, 1998, entitled “Division Survey Shoreline Estates,” a copy of which is recorded in the Clerk’s Office, Circuit Court, Northumberland County, Virginia, in Plat Book 7, Page 139, and to which plat reference is hereby made for a more particular description. TOGETHER WITH and subject to an easement for access to and from the property herein described and Virginia State Highway #657 and a perpetual easement for the installation and maintenance of conveyance lines, for an onsite sewage disposal system all of which easements are shown on the aforesaid plat of survey. TOGETHER WITH that certain parcel of submerged land without warranty, shown as Lot #24A on the aforesaid plat of survey.
Said property being known as Tax Map No. 38-G(1)24 and 38-G(1)24-A.
Sale shall be held on October 10, 2014, at 10:00 o’clock a.m. in front of the Circuit Court of Northumberland County, 39 Judicial Place, Heathsville, VA.
Terms of Sale: Cash.
A bidder’s deposit of ten percent (10%) shall be required of the successful bidder, and the balance due within twenty (20) days after the date of sale.
Said sale of the property is in “as is” condition, and no warranties with respect to the property will be given to the purchaser other than a Trustee’s Special Warranty Deed.
H. Glenn Goodpasture
Substitute Trustee
Goodpasture, Purvis & Frackelton, P.C.
1602 William Street
Fredericksburg, Virginia 22401
(540) 371-5107
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NOTICE OF OYSTER GROUND APPLICATION
S. Lynn Haynie (2014211) has applied for approximately 5-+ acres of oyster planting grounds in Great Wicomico River near Horn Harbor situated in Northumberland City/County and described as follows:
North By: MLW
East By: Bevans/Cowart PF17752
South By: Smith PF17766
West By: Lilian Lumber Co. PF18024
Lat/Long: N37-51.3735 W76-20.1291
Send comments or concerns to:
Marine Resources Commission, Engineering/Surveying Department, 2600 Washington Ave., 3rd Floor, Newport News, VA 23607
For more specific application location information call (757) 247-2230
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Notice of Public Hearing
Notice is hereby given pursuant to Section 28.2-1302 of the Code of Virginia, that the Northumberland County Wetlands Board, at a meeting in the Board of Supervisors Room of the Old Courthouse in Heathsville, Virginia, on Tuesday, October 14, 2014, commencing at 7:30 P.M., will consider the following applications for wetland and/or coastal primary sand dune and beach permits:
1. Request by T. Straughan Beane, Jr. (V.M.R.C. #14-1253) to remove an existing deteriorated groin and construct a low-profile timber groin 36 feet long from the shoreline of Ingram Bay and 283 Ingram View Lane.
2. Request by David W. Ender (V.M.R.C. #14-1323) to install 190 linear feet, including return walls, of riprap revetment along the shoreline of Great Wicomico River and 351 Harris Grove Road.
3. Request by Robert A. and Jane G. Elliott (V.M.R.C. #14-1414) to install 20 linear feet of armor stone breakwater with 30 cubic yards of beach nourishment and to refurbish 45 feet of existing riprap revetment/sill with armor stone along the shoreline of Judith Sound and 171 Judith Sound Circle.
4. Request by Edgar O. Hubbard, III (V.M.R.C. #14-1419) to construct a free-standing timber bulkhead 199 feet long along the shoreline of Rogers Creek and 710 Candy Point Road.
The applications requesting the proposed permits are on file in the Office of Building and Zoning at the Old Courthouse in Heathsville, VA, where all interested parties may view and inspect the projects. Written comments must be mailed, faxed to (804) 580-8082 or e-mailed to pmarston@co.northumberland.va.us. If you are physically disabled, hearing or visually impaired and need assistance with this hearing, please call Bill Knight at (804) 580-8910 (Voice) or Via the Virginia Relay or TDD for assistance.
Northumberland County Wetlands Board
By: Philip H. Marston, Zoning Administrator
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TRUSTEES’ SALE of Valuable Real Estate located in Northumberland County, Virginia known as 302 Ferlazzo Lane 70 Ferlazzo Lane 1714 Mundy Point Road Callao, VA 22435
By virtue of the power and authority contained in a Deed of Trust from Timothy L. Kissler and Tracy S. Kissler to Thomas K. DeYoung and Diane Begg, Trustees, bearing the date of May 11, 2007, and recorded among the Land Records of Northumberland County, Virginia, in Deed Book 662, Page 623, as amended, and any filed UCC Financing Statement (collectively, the “Loan Documents”) and at the request of the party secured thereby, default having occurred in the terms and conditions thereof, the undersigned, as Substitute Trustees for the Trustees named in said Deed of Trust by Deed of Appointment, will sell at public auction in front of the Circuit Court for Northumberland County, 39 Judicial Place, Heathsville, Virginia, on October 24, 2014, at 12:00 p.m., all the property described in said Loan Documents.
The property, which includes all of the right, title and interest, if any, of Timothy L. Kissler and Tracy S. Kissler, or those claiming under the aforesaid grantor(s), in and to the land and all buildings and improvements thereon, and all fixtures, machinery, furniture, equipment, tenements, hereditaments and appurtenances and other property interests, and all personalty used in connection with the land of every kind and nature whatsoever, and owned by the aforesaid grantor(s) as are located in, on or about the land on the date of the sale and that are subject to the Loan Documents (collectively, the “Property”). A list of the Property will be announced at the time of sale if made available to the Trustees.
The real estate is identified as follows:
Parcel A- 302 Ferlazzo Lane, Lottsburg Magisterial District (4 tax parcels), Tax Nos. 2-1-115D (designated parcel A on Plat Slide 1-146); 2-1-63C (designated parcel B on Plat Slide 1-146); 2-1-116 (designated parcel C on Plat Slide 1-146) & 2-1-63E (designated as R/W 242.32 on Plat recorded at 210/541), collectively consisting of 27.41 acres, more or less. The waterfront property is purported to include the following amenities: Four bedroom, 2.5 bath farmhouse with 3 fireplaces, pool & pool house, numerous garages, boat storage, slips & ramp, gazebo & picnic shelter with kitchen.
Deposit is $150,000.00.
Parcel B – 70 Ferlazzo Lane, Lottsburg Magisterial District, Tax No. 2-1-115E, (designated on Plat recorded at 176/270-A), consisting of 1.28 acres, more or less.
Deposit is $25,000.00.
Parcel C – 1714 Mundy Point Road, Lottsburg Magisterial District, Tax No. 2-1-63, consisting of 6.50 acres, more or less.
Deposit is $25,000.00.
Terms of Sale
The Property will first be offered in separate parcels, and then each parcel will be offered as an entirety and the Property will be sold to the bidder or bidders offering the highest aggregate amount therefor.
The Property will be sold in “AS IS, WHERE IS” condition, without recourse. Neither the Trustees, the noteholder secured by the Loan Documents, the Auctioneer, nor any of their respective agents, successors or assigns (collectively, the “Selling Parties”) make any representations or warranties, express or implied, with respect to the Property, or any tenancies or parties in possession, including without limitation, the description, use, structural integrity, physical condition, construction, extent of construction, workmanship, materials, habitability, subdivision, zoning, environmental condition, compliance with building codes or other laws (such as Americans with Disabilities Act), ordinances or regulations, fitness for a particular purpose, or merchantability of all or any part of the Property. The purchaser waives and releases the Selling Parties from any and all claims the purchaser and/or the purchaser’s successors and assigns may now have or may have in the future relating to the condition of the Property, including but not limited to the environmental condition thereof. The purchaser shall assume the risk of loss or damage to the Property after the time of the foreclosure sale. The Property will be sold subject to any building or housing violations, easements, agreements, restrictions, terms, rights of way, filed and unfiled mechanics’ and materialmen’s liens, covenants, conditions, rights of redemption, and all other encumbrances having priority over the Loan Documents, if any, lawfully affecting the Property, whether or not of record, including but not limited to environmental conditions (including without limitation possible wetlands, riparian rights, critical or protected areas, and the presence of protected or endangered species) and all applicable federal, state and local laws, ordinances and regulations lawfully affecting the Property. The Property will not be sold subject to tenancies entered into subsequent to the recording of the Deed of Trust or otherwise subordinated to the Loan Documents unless set forth herein or announced at the time of sale. All interested bidders are encouraged to contact the appropriate governmental authorities prior to the sale date regarding the permitted uses of the Property and the requirements, if any, for construction, completion and/or development.
A deposit will be required at the time of sale in the amount of Two Hundred Thousand Dollars ($200,000.00) if the Property is sold in the aggregate or the amounts set forth above for each parcel if the Property is sold in parcels, or 10% of the successful bid(s), whichever is less, such deposit(s) to be in cashier’s check, certified check, or in such other form as the Trustees may determine, in their sole discretion. Whenever the purchaser is also the noteholder secured by the Loan Documents, payment of the required deposit(s) and the purchase price is made by crediting the amount thereof to the indebtedness. The Trustees reserve the right, in their sole discretion, to reject any or all bids, withdraw the property from sale, waive the deposit requirement, in whole or in part, and extend the period of time in which the purchaser is to complete settlement. The balance in cash or immediately available funds, with interest at eight per centum (8%) per annum from the date of sale to the date of settlement or the date the balance of the proceeds are received by the Trustees, whichever is later, is due and shall be paid within ten (10) days after the date of sale. There will be no abatement of interest due from the purchaser in the event additional funds are tendered before settlement or if settlement is delayed for any reason. The noteholder shall not be obligated to pay interest if it is the purchaser. TIME IS OF THE ESSENCE FOR THE PURCHASER.
Adjustment of current year base real property taxes will be made as of the date of sale and thereafter be assumed by the purchaser. Title examination, conveyancing, recording charges, notary fees, Grantor’s tax, Regional congestion relief fee, Deed preparation, state and county/city transfer taxes, all other taxes, public charges and special or regular assessments, water and sewer charges, including penalties and interest, if any, and all other costs incident to settlement are to be paid by the purchaser. Conveyance of the Property shall be by Trustees’ Deed, without covenant or warranty, express or implied, unless otherwise required by statute, court rule or the Loan Documents. In the event the Trustees are unable for any reason to convey title, the purchaser’s sole remedy at law or in equity shall be to request and to receive a return of the deposit. Upon return of the deposit, this sale shall be void and of no effect and the purchaser shall have no further claim against the Selling Parties.
Compliance with terms of sale shall be made within ten (10) days after the date of sale at the office of the Trustees or such other place mutually agreed upon or the deposit shall be forfeited to the Trustees for application against all expenses, attorney’s fees and commissions. In the event of default, all expenses of this sale (including attorney’s fees and commissions) shall be charged against and paid out of the forfeited deposit as authorized by the Loan Documents and the law in such cases. The Trustees may then readvertise and resell the Property at the risk and cost of the defaultant purchaser; or, without reselling the Property, the Trustees may avail themselves of any legal or equitable remedies against the defaulting purchaser. In the event of a resale, the defaulting purchaser shall not be entitled to receive the surplus, if any.
Additional terms of sale may be announced at the time of sale. This communication is from a debt collector and any information obtained will be used for that purpose.
Marc D. Lipman
Foreclosure Trustees, Inc.
Substitute Trustees
FOR INFORMATION CONTACT:
Benjamin P. Smith
Shulman, Rogers, Gandal, Pordy & Ecker, P.A.
12505 Park Potomac Avenue, Sixth Floor
Potomac, MD 20854
(301) 230-5241
File No. 113852.00316
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NOTICE
Notice is hereby given that Thomas Dale Gaskins of Reedville, Virginia has applied to the Marine Resources Commission to license and locate one pound net in the Chesapeake Bay as follows:
The proposed net is to be located to approximately 4,000 feet east-southeast of Owens Pond. The length of the net will be approximately 1,200 feet. The offshore end of the net is to be located at Latitude 37º50.7879/N and Longitude 76º13.9707’W and the inshore end of the net is to be located at Latitude 37º50.7910’N and Longitude 76º14.2200’W.
Please send comments or inquiries within 30 days to: Virginia Marine Resources Commission, Fisheries Management Division, 2600 Washington Avenue, 3rd Floor, Newport News, Virginia 23607.
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Public Notice
Notice is hereby given pursuant to Article XIV, Section 148-151, of the Northumberland County Zoning Ordinance that the following application for a Boathouse Permit has been submitted for approval:
A request by David C. & Vivian R. McGaw, (V.M.R.C. #11-0967) to construct an 16’ x 34’ x 16’ open-sided boathouse alongside an existing pier extending from the shoreline of Lodge Creek and 786 Hidden Point Road, Tax Map Parcel #8-(1)-69-F1.
The application requesting the proposed permit is on file in the Office of Building and Zoning at the Old Courthouse in Heathsville, VA, where all interested parties may view and inspect the project. Comments, questions and/or objections may be written, faxed to (804) 580-8082, or e-mailed to (pmarston@co.northumberland.va.us) and must be received within 15 days of the date of publication of this notice.
Northumberland County Board of Supervisors
By: Philip Marston, Zoning Administrator

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