Calvert County Board of Appeals Administrative Hearing – December 9, 2025

Note: The agenda and transcript indicate the meeting was held on December 4, 2025, but the user-provided date is December 9, 2025. This summary uses the date supplied by the user.

The Calvert County Board of Appeals held a hybrid public administrative hearing on December 9, 2025, at 9:00 a.m. in the Chesapeake Hearing Room, Prince Frederick, MD. The board heard two variance cases, postponed a third case, conducted an administrative session to update rules of procedure, and took no public comment. All three board members (Thomas H. Ireland, Gerald W. Clark, and Robert E. Carpenter) were present, establishing a quorum. Board counsel Lisa Smith Sanders and staff Tamara Blake Wallace and Maureen Dull also attended.

Cases Heard

Case 25-4234 (After-the-Fact Critical Area Variance)

• Applicant: Steven Knight of MD Custom Construction, on behalf of property owner Charles T. Linthicum Jr. et al.
• Request: Variance for disturbance to the Critical Area Buffer for demolition of 184 sq. ft. of unpermitted decking and stairs and replacement with 140 sq. ft. of decking and stairs.
• Property: 1019 Holley Lane, Lusby (Tax Map 35A, Block K, Lot 13), zoned Waterfront Community District/Critical Area/Limited Development Area.
• Testimony: Applicant Knight explained the existing deck and stairs were unsafe, built without a permit (likely in 2006 along with the house), and purchased by the current owner in 2010. The replacement structure would be smaller. Co-owner Paula Linthicum testified that the deck was present when they purchased the home and that they had already paid $7,166.25 in mitigation bonds and fines. No public testimony or correspondence was received.
• Board Action: The board closed the record and unanimously voted to grant the variance. Findings included: hardship (unsafe structure, need for egress), no injury to public interest, consistency with comprehensive plan, minimum adjustment (44 sq. ft. net reduction), no action by applicant, and adequate mitigation.

Case 25-4235 (Variance for Side Setback Reduction)

• Applicant: Andrew and Rachel Crosby
• Request: Variance to reduce the required side setback from 30 ft to 10 ft to construct a 30 ft x 50 ft detached garage (described as a metal building with monolithic slab).
• Property: 4810 Broomes Island Road, Port Republic (Tax Map 31, Parcel 504, Lot 41), zoned Rural Community District.
• Testimony: Andrew Crosby testified that the lot is narrow, with a well, dry wells, buried propane tank, and steep slopes in the rear, making the requested location the only feasible spot. The garage will be used for residential storage only, with no plumbing or electric initially (though electric may be added later under a separate permit). No public correspondence or testimony was received.
• Board Action: The board closed the record and unanimously voted to grant the variance. Findings included: peculiar practical difficulties (narrow lot, steep slopes, existing utilities), no injury to public interest, no adverse effect on comprehensive plan, minimum adjustment (30 ft to 10 ft), no action by applicant, and no special privilege. The board noted that the use remains residential and no dwelling unit is created.

Case 25-4236 (Postponed)

• This case, involving two general variances for impacts to a wetland stream buffer to construct 24 townhomes and a commercial office building at 305 and 445 Main Street, Prince Frederick, was postponed to January 8, 2026, at the applicant's request.

Administrative Session

• Updates on appealed cases: None pending.
• Rules of Procedure Update: The board reviewed and discussed proposed changes to the Rules of Procedure, including:
  • Remote testimony: After debate, the board decided to keep the existing language allowing the chair to decide on remote participation (hybrid format). The board agreed that staff will continue to encourage but not require in-person attendance, and will notify applicants that they are expected to appear in person unless a 48-hour notice of conflict is given.
  • Occupation requirement: The board voted to retain the requirement for testifiers to state their name, address, and occupation, rejecting a suggestion to remove it due to potential bias.
  • Reconsideration period: The board kept the 15-day period for requesting reconsideration, rather than extending to 30 days, to avoid prolonging the process.
  • Other clarifications: Staff will draft language to distinguish between sworn testimony on cases and unsworn public comment (which is not for case-specific testimony).
• The board voted unanimously to approve the revised Rules of Procedure as amended.

Public Comment

No members of the public offered comment at the end of the hearing.

Key Outcomes

• Case 25-4234: Variance granted unanimously (3-0).
• Case 25-4235: Variance granted unanimously (3-0).
• Case 25-4236: Postponed to January 8, 2026.
• Rules of Procedure: Approved with revisions (no change to remote testimony or occupation requirement; 15-day reconsideration retained).
• The board adjourned at approximately 10:45 a.m.