Calvert County Board of Appeals Public Hearing – June 5, 2025

The Calvert County Board of Appeals met on Thursday, June 5, 2025, at 9:00 a.m. in the Board of County Commissioners Hearing Room, 175 Main Street, Prince Frederick, Maryland, in a hybrid format with in-person and Zoom participation. Board members present: Mr. Robert Carpenter (Chair), Mr. Thomas H. Ireland, Mr. Thomas Briscoe, Mr. Gerald W. Clark, and Mr. Joseph McKenny. Staff: Lisa Smith Sanders (Counsel), Tamara Blake Wallace (Board Administrator), Maureen Dull (Board Coordinator), and Lisa Krapps (Clerk). The Board heard three after-the-fact variance cases, conducted administrative business, and held annual elections.

Discussion Items

Case 25-4220: Jeff Tewell of COA Barrett, LLC, on behalf of Mark & Bonita Davis – After-the-fact Critical Area and General Variances for a pole building/workshop at 150 Dresser Avenue, Prince Frederick.

The applicant explained that the building was constructed in the wrong location despite a valid permit, and the error was discovered after several inspections. The structure encroaches on steep slopes (212 sq. ft. disturbed) and reduces setbacks: from 10' to 1' for steep slopes, from 25' to 13' off Macrae Avenue, and from 25' to 18' off Maryland Avenue. The applicant argued the lot is small (5,000+ sq. ft.) with three road frontages, making the building envelope limited. The site is stabilized, and mitigation planting (7:1 ratio) is required. Board members questioned the applicant about the contractor's error and the lack of a stakeout. The property owner, Mark Davis, testified that he retired after the footer inspection and that the mistake was costly. He recommended the county consider requiring stake surveys for accessory structures. Staff planner Mr. Marney noted no objections from the critical area perspective. The Board voted unanimously to close the record and then, after a motion by Mr. McKenny (seconded by Mr. Ireland), voted unanimously to grant both the general variances and the critical area variance, finding that the applicant met all required criteria, including that the hardship was not self-created and that the variance is the minimum adjustment necessary.

Case 25-4221: Christopher Conroy and Jane Jamieson – After-the-fact Critical Area variance for disturbance of expanded Critical Area Buffer/Steep Slopes for a paver and stone patio and stone steps at 2184 Cedar Road, Port Republic.

The applicants testified that the work was in-kind replacement of a retaining wall and steps that were removed during a permitted septic tank replacement in 2019. The new terracing (188 sq. ft. in-kind, 132 sq. ft. new disturbance) was done to control erosion and provide access. The Board received two letters of support from neighbors (Patrick and Virginia Murphy). The applicants stated that mitigation planting (7:1 ratio, 924 sq. ft.) has already been completed and inspected. The Board noted that the septic contractor had disturbed the area without needing permits, but the applicants had to seek after-the-fact approval for restoration. The Board voted unanimously to close the record and then, after a motion by Mr. Ireland (seconded by Mr. McKenny), voted unanimously to grant the critical area variance, finding that the work resolved erosion issues and was in harmony with the critical area law.

Case 25-4222: Dan Kelsh of COA Barrett, LLC, on behalf of TLP Asset Holdings, LLC – Forest Conservation variance for removal of one specimen tree to construct two flex space buildings and associated parking at 5241 Cutter Court, Prince Frederick.

The applicant explained that the property is a flag lot in the Calvert County Industrial Park, zoned Light Industrial. The specimen tree is located in the interior of the developable area, making construction of the first building and required parking/truck circulation infeasible. The tree is not visible from the public right-of-way. The applicant argued that the variance is an area variance requiring proof of practical difficulty, not hardship. The property owner could not attend due to a personal matter. The applicant noted that the lot predates forest conservation regulations and that the development will comply with stormwater management and pay a fee in lieu for tree removal. The Board voted unanimously to close the record and then, after a motion by Mr. Ireland (seconded by Mr. Clark), voted unanimously to grant the forest conservation variance, finding that the requested variance is the minimum adjustment necessary and that the applicant did not create the condition.

Administrative Session

• Update on appealed cases: The Board reported that the Circuit Court upheld the Board’s decision in Case 24-4188 (Calvert County Board of Commissioners v. [unknown]). No other cases are outstanding in higher courts.
• Update on hearing procedures regarding Zoom participation: Staff announced that the Board of County Commissioners is moving all boards from Zoom to Microsoft Teams and that in-person attendance for hearings will be encouraged, with virtual participation only for extenuating circumstances. Board members expressed concern about limiting public participation. The change is still under development.
• Annual Elections: The Board elected Mr. Robert Carpenter as Chair (motion by Mr. Ireland, seconded by Mr. Briscoe, unanimous) and Mr. Thomas H. Ireland as Vice Chair (motion by Mr. McKenny, seconded by Mr. Clark, unanimous).

Public Comment

No members of the public offered comment.

Key Outcomes

• Case 25-4220: Granted all requested variances (general and critical area) unanimously.
• Case 25-4221: Granted the critical area variance unanimously.
• Case 25-4222: Granted the forest conservation variance unanimously.
• Administrative: Case 24-4188 upheld by Circuit Court; Zoom-to-Teams transition announced; Chair and Vice Chair elected for the coming year.

Farewell

The Board thanked Clerk Lisa Krapps, who is leaving the Board of Appeals for a new position within Planning and Zoning. Maureen Dull will assume her duties.