Calvert County Board of Appeals – March 6, 2025

The Calvert County Board of Appeals held a public administrative hearing on March 6, 2025, to consider two variance applications. The board unanimously approved both requests after hearing testimony and reviewing evidence. The meeting also included an administrative update on a previous appeal and opened the floor for public comment, which yielded no speakers.

Case 24-4206: Cox – Critical Area Variance for Porch Addition

• Applicants: Michael and Anna Cox, owners of 5500 Sixes Road, Prince Frederick (Tax Map 26, Parcel 246).
• Request: A Critical Area variance to allow construction of a wraparound porch (approximately 500 sq. ft.) and an enclosed addition on the north side of an existing residential structure located within the Critical Area Buffer.
• Background: The dwelling was originally permitted in 2019 as a single-family home but was mistakenly re‑permitted as a “pole barn” due to a staff error. The variance pertains only to the porches; the legalization of the dwelling as a residence will occur through the building permit process. The property is zoned Farm and Forest District/Critical Area/Resource Conservation Area (FFD/CA/RCA).
• Key Testimony: Applicants argued that the porches are necessary for safe ingress/egress (three exterior doors at 10 ft elevation), for structural integrity, and to provide shade in a house without central air conditioning. They emphasized that the entire parcel is in the Critical Area, that the original site plan placed the house outside the 100‑ft buffer, and that the buffer was expanded in 2021. The applicants also noted that 13 letters of support were submitted from neighbors and environmental experts (e.g., Dr. Walter Boynton, Tom Horton). The Critical Area Commission submitted a late comment letter (received the morning of the hearing) questioning the size of the porch and other issues; the board accepted it over objections about timing, noting that only one paragraph was relevant to the porches. Staff recommended conditions related to mitigation and permitting.
• Board Discussion: Members acknowledged the importance of the porches for safety and the project’s long history. They agreed that the variance was the minimum adjustment needed and that the applicants had demonstrated unwarranted hardship due to the property’s Critical Area location and changing regulations.
• Vote: Unanimous approval (5‑0). The order includes a condition that the Coxes must comply with all county permitting requirements.

Case 25-4214: Kadjeski (COA Barrett, LLC) – Forest Conservation Variance for Specimen Tree Removal

• Applicant: Joe Kadjeski of COA Barrett, LLC, on behalf of property owner Dowell Properties, LLC. The property is 25 Armory Road, Prince Frederick (Tax Map 24, Parcels 779 & 598), zoned Town Center District.
• Request: A Forest Conservation variance to remove 38 specimen trees (≥30 inches DBH) to construct a two‑story assisted living and memory care facility (86 units) and ten age‑restricted residential duplex cottages (20 units).
• Project Details: The project is located in the Prince Frederick Town Center, a priority funding area. The applicant’s representative, Doug Cooper of SHA Capital Partners, testified that Calvert County is “woefully underserved” for senior housing, with only Asbury (24 assisted living units) and the Hermitage (skilled nursing) in the county. The facility would employ 50‑55 full‑time equivalents and provide a purely rental model (no entry fees).
• Site Constraints: Engineer Joseph Kadjeski explained that of the 22.18‑acre site, only about 10.8 acres are buildable due to steep slopes, streams, wetlands, and buffers. The design was downsized three times: from an initial 62,000 sq. ft. one‑story building with 20 duplexes, to a two‑story 41,300 sq. ft. footprint with 10 duplexes, reducing specimen tree removal from 57 to 38. The project will place over 8 acres of existing forest into a conservation easement (exceeding the minimum requirement of 6.7 acres by 20%). Stormwater management facilities (micro‑bioretention, extended detention pond) will mitigate water quality impacts.
• Board Discussion: Members noted the project’s alignment with the comprehensive plan (town center development, housing variety) and the need for senior care. They questioned the viability of the downsized project; the applicant affirmed it remains feasible. No public comments were submitted.
• Vote: Unanimous approval (5‑0). The motion included findings that special topographical conditions exist, the variance is the minimum adjustment, and it will not injure the public interest or water quality.

Administrative Session

• Update on Appeals: Staff reported that the Maryland Supreme Court denied a writ of certiorari in David Gilbert v. Calvert County Board of Commissioners (Petition No. 386, September Term 2024), upholding the lower court’s decision. No update was available on the Running case.

Public Comment

• No members of the public offered comments.

Key Outcomes

• Case 24-4206 (Cox): Critical Area variance granted unanimously, subject to compliance with county permitting conditions.
• Case 25-4214 (Kadjeski): Forest Conservation variance granted unanimously, allowing removal of 38 specimen trees for the assisted living and memory care development.
• Administrative: The board acknowledged the final court ruling on the Gilbert appeal.
• Adjournment: The meeting was adjourned after a unanimous vote.