Calvert County Board of Appeals Public Administrative Hearing – April 3, 2025

The Calvert County Board of Appeals convened on Thursday, April 3, 2025, at approximately 9:00 a.m. in a hybrid in-person and Zoom format. The board (Chair Susan D. Hance-Wells, Robert Carpenter, Thomas H. Ireland, Gerald W. Clark, Joseph McKenny) addressed four variance cases, an administrative session update, and public comment. All cases were approved unanimously. The meeting adjourned after recognizing Chair Hance‑Wells for her service.

Cases Heard

Case 25‑4215 – Jerry & Ruby Creadle (After‑the‑fact variance, Bonnie Court front setback)

• Request: Reduce the required 25‑ft front setback to 20 ft for two existing sheds (14′×14′ and 14′×20′) at 7033 Napa Drive, Huntingtown. One shed sits in a septic recovery area (SRA) and cannot remain there; the applicant agreed to move that shed adjacent to the other on Bonnie Court side.
• Applicant testimomy: Purchased property unaware of the dual front setback and SRA limitation; sheds have been in place for nearly four years; property is fenced; no safety or aesthetic concerns.
• Staff clarification: The SRA shed must be moved; the board only decides the front setback reduction for both sheds in the new location.
• Board action: Unanimous vote (5‑0) to grant the variance with no conditions. Findings included hardship due to SRA and unique two‑front‑setback configuration; no injury to public interest; minimum adjustment necessary.

Case 25‑4217 – Roland & Dana Plater (Side setback variance for barn)

• Request: Reduce the side setback from 10 ft to 0 ft to replace a collapsed tobacco barn (30′×44′) at 1791 Stinnett Road, Huntingtown.
• Applicant testimony: The original barn was taken down due to deterioration; the only feasible flat location is the same footprint; a zero setback is needed to maintain driveway width and protect a large tree; adjoining 17‑acre parcel is owned by the applicants.
• Board discussion: Minimal level land; no neighbor objections; property is a quarter‑mile off the road.
• Board action: Unanimous vote (5‑0) to grant the variance with one condition: the barn shall have no interior plumbing and not allow occupancy.

Case 25‑4218 – Jeff Tewell for Matthew & Samantha Whiteman (Two variances for new dwelling)

• Request: Reduce front setback from 60 ft to 29 ft and side setback from 30 ft to 12 ft for a single‑family house with deck and detached garage at 4330 Victor Street, Prince Frederick.
• Applicant/representative testimony: The lot (1.057 acres) was created from two lots combined in 2001; about 40% of the lot has steep slopes (>25%) and the required 10,000‑sq‑ft sewage disposal area uses up most of the buildable land; the proposed location is the only level area. Current zoning would allow 25‑ft front and 10‑ft side setbacks, but recorded building restriction lines require 60‑ft and 30‑ft. The family of six currently lives in a two‑bedroom home; the grandmother gave the lot to the applicants who cared for her in her final years.
• Public testimony: Henry Skinner (stepfather) and Tammy Skinner (mother) spoke in support, highlighting family care and need. Nicole Sherwood, relative, also spoke.
• Board discussion: The board noted that if the lot were platted under current regulations, the variances would not be needed; they expressed hope the county commissioners address this regulatory “reverse grandfathering” issue.
• Board action: Unanimous vote (5‑0) to grant both variances with no conditions.

Case 25‑4219 – David Gilbert Jr. for Thomas & Pamela Cooksey (Critical area and general variances for garage)

• Request: (1) Critical Area variance and (2) general variance to reduce the buffer setback from 10 ft to 0 ft to remove a dilapidated 1,932‑sq‑ft oyster house and construct a 26′×36′ garage with a 15′×38′ concrete apron at 5420 Williams Wharf Road, St. Leonard. The entire lot is within the Critical Area buffer.
• Applicant testimony: The existing oyster house is deteriorating and must be removed; the proposed garage (35 ft from water) will reduce impervious surface by 426 sq ft net; the concrete apron is needed because the owner (Thomas Cooksey) has a neck and back condition (central cord syndrome) making it difficult to navigate gravel. The site is flat and three acres; any new structure would require a buffer setback variance.
• Staff comment (Ron Marney): The oyster house removal area will be returned to a vegetated state; no variance needed for that; net reduction in impervious area. Shoreline stabilization will be handled under MDE permit.
• Board discussion: board members noted the hazard posed by the crumbling structure and that the variance request is a “must” to prevent debris entering the waterway.
• Board action: Two separate unanimous votes (5‑0 each): first to grant the general variance to remove the oyster house; second to grant the Critical Area variance for the garage and apron with no conditions.

Administrative Session

• The board received an update on a previous case appealed to a higher court; an opinion is still being drafted (the case has been pending for five months).

Public Comments

• No members of the public came forward to speak.

Key Outcomes

• All four variance applications were approved unanimously (5‑0):
  • Case 25‑4215: Granted with no conditions.
  • Case 25‑4217: Granted with condition (no plumbing/occupancy).
  • Case 25‑4218: Granted with no conditions.
  • Case 25‑4219: Two variances granted with no conditions.
• The board recognized Chair Hance‑Wells for her service at her final meeting.
• The meeting adjourned after public comment.