v-03-24 board of appeals variance request packet
Document September 25, 2024 · 20 page(s) in the original
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THE CENTREVILLE BOARD OF APPEALS
PUBLIC HEARING GUIDE
We welcome all present to this public hearing in Case No. V-03-24 before the Town of Centreville Board of Zoning Appeals, Fred Beu, Chairman presiding, and Penny Lins, member.
The subject matter of this hearing is the application of Darryl Savage requesting a variance to Chapter 170-31.12 of the Town of Centreville’s Critical Area Program to disturb the Buffer to replace and locate a new driveway and walkways in the Critical Area Buffer. The property is 1.24 acres, zoned R-2, located entirely within the Critical Area on land designated as Resource Conservation Area (RCA) and Intensely Developed
Area (IDA).
Betty Jean Hall will now present evidence of the published notice of this hearing. ---- Let the Certificate of Publication be admitted in evidence as Board Exhibit No. 1.
Betty Jean Hall will now present evidence of the posting of the property. ------- Let the photographs be admitted in evidence as Board Exhibits No. 2 and 3.
Let the letter of recommendation to this Board from the Centreville Planning and Zoning Commission be admitted in evidence as Board Exhibit No. 4.
Are there any preliminary matters relating only to the jurisdiction of this Board which any person wishes to present before the applicant is permitted to present his evidence?
Now the Board will hear testimony in the following order:
1. From the applicant and others favoring the granting of
the application.
2. Cross-examination by opponents in person or by attorney,
of witnesses who have testified in favor of the granting of the application.
3. From those persons opposing the granting of the application.
4. Cross-examination by parties favoring the granting of the
application, in person or by attorney, of witnesses who have testified in opposition to the granting of the application.
When all testimony has been concluded the Board will hear argument in favor of and in opposition to the granting of the application. The Board will render its decision within fifteen (l5) days following the close of the hearing and any adjournment of it.
The strict rules of evidence will not be applied but only evidence which is relevant and material to the subject matter of the hearing will be received.
Please be advised that you do not have to be represented by an attorney in order to make a statement or ask questions of the witnesses.
We will now hear testimony from those in favor of the granting of the application.
(TO EACH WITNESS:)
Raise your right hand please. Do you solemnly promise and declare that the evidence which you are about to give in the matter now pending will be the truth, the whole truth and nothing but the truth?
APG Media of Chesapeake, LLC 09/06/24 3061767 29088 Airpark Drive Easton, MD 21601
CERTIFICATE OF
PUBLICATION
STATE OF : MARYLAND
COUNTY OF: Queen Anne's County The Town of Centreville This is to certify that the annexed legal 101 Lawyers Row Centreville, MD 21617 advertisement has been published in the www.TownofCentreville.org Tel. 410-758-1180 Fax. 410-758-4741 publications and insertions listed below.
NOTICE OF HEARING
"Case No. V-03-24..." was published in the:
Application has been made to the Town of Centreville Board of Zoning Appeals by Darryl Savage, Case No. V-03-24, requesting Bay Times - Record Observer 09/06/24 a variance to Chapter 170-31.12 of the Town of Centreville’s Critical Area Program to disturb the Buffer to replace and locate a new driveway and walkways in the Critical Area Buffer.
The property is 1.24 acres and known as 110 Watson Road which is zoned R-2, located entirely within the Critical Area on land designated as Resource Conservation Area (RCA) and Intensely Developed Area (IDA). It is further described as Parcel 1295, Tax Map 35H, Third Election District, Queen Anne’s County, Maryland. It is owned by Darryl Savage.
Take notice that this application shall be considered at a public hearing on Wednesday, September 25, 2024, at 7:00 p.m.
in the second-floor meeting room of the Liberty Building at 107 N.
Liberty Street, Centreville, MD 21617.
James F. Normandin The Board of Zoning Appeals President & Publisher Town of Centreville
3061767 RO 9/6/2024
Wes Moore Erik Fisher Governor Chair Aruna Miller Katherine Charbonneau Lt. Governor Executive Director
STATE OF MARYLAND
CRITICAL AREA COMMISSION
CHESAPEAKE AND ATLANTIC COASTAL BAYS
August 12, 2024 Ms. Carolyn Brinkley, Town Manager Town of Centreville 101 Lawyer’s Row Centreville, MD 21617 Re: Savage Variance (Tax Map 35H, Parcel 1295) Dear Ms. Brinkley:
Thank you for providing information regarding the variance referenced above. The applicant is requesting a variance to Chapter 170-31.12 of the Town of Centreville’s Critical Area Program to disturb the Buffer to replace an existing deck and construct a new driveway and walkways.
The project is located at 110 Watson Road, Centreville. The 1.24-acre property is located entirely within the Critical Area on land designated as Resource Conservation Area (RCA) and Intensely Developed Area (IDA).
Existing lot coverage (dwelling, deck, shed, parking, walkways) is 4,309 square feet (sf).
Proposed lot coverage (dwelling, deck, shed, driveway, walkways) is 3,861 sf which is a decrease in lot coverage of 448 sf. Two (2) existing gravel parking areas will be removed, and a new driveway and walkways are proposed. All existing and proposed lot coverage is located within the IDA.
A site visit was conducted on May 14, 2023; Town staff, Critical Area staff, and consultants for the project were in attendance. Based on the site visit and a review of the submitted information, we have the following comments:
Critical Area Buffer
• Per COMAR 27.01.09.01.E(3), the Buffer must be delineated based on existing field
conditions at the time of the development proposal and is measured at least 100 feet landward from the mean high water line (MHWL) of tidal waters, the edge of each bank of a tributary stream, and the upland boundary of a tidal wetland. Per COMAR 27.01.09.01.E(7), the Buffer must be expanded when it is contiguous to a steep slope, a nontidal wetland, a hydric soil, or a highly erodible soil.
• The plan shows several red lines labeled as Buffer. The red line currently labeled “100’
Buffer to Edge of Marsh” appears to be the location of the 100-foot Buffer. However, it is 1804 West Street, Suite 100, Annapolis, Maryland 21401 – (410) 260-3460 dnr.maryland.gov/criticalarea/ – TTY users call via the Maryland Relay Service Ms. Carolyn Brinkley August 12, 2024 Page 2 unclear if the edge of the marsh corresponds exactly to the edge of tidal wetlands and/or if the Buffer must be expanded as required in the bullet above.
• Please have the applicant submit a revised plan showing an accurate Critical Area Buffer,
expanded as required.
• In order to provide timely comments and based on observations made during the site visit
and communication with Town staff and consultants, it is assumed that the entire project is located within the Critical Area Buffer. If revised information indicates that a portion of the project is located outside the Critical Area Buffer, then the comments in this letter regarding the variance request apply only to the portion of the project located within the Critical Area Buffer.
Variance Request
• The applicant is seeking a variance to locate a driveway and walkways in the Buffer.
Total proposed new lot coverage within the Buffer is 1,365 sf. The applicant proposes to remove existing lot coverage within the Buffer. A variance is not required to remove lot coverage from the Buffer.
• The Board of Appeals must determine if the applicant meets all of the Town of
Centreville’s variance standards in order to grant a variance. These include finding that a literal enforcement of the local Critical Area Program would result in an unwarranted hardship to the applicant and that the granting of the variance would be in harmony with the general spirit and intent of the Critical Area Law, the Critical Area regulations, and the local Critical Area Program. If the Board does grant the variance, the applicant must
provide mitigation in accordance with Town of Centreville’s Critical Area program.
• The proposed pull-off driveway and walkways are something that our office would not
typically support as they are located entirely within the Buffer. However, based on discussions during the site visit, it is our understanding that the project is being proposed to address safety considerations. Therefore, we recommend that the Board request additional clarification from the applicant regarding how the proposal would address the safety concerns. Specifically, the Board may wish to ask the applicant if the proposal is
the minimum relief needed to address the safety concerns and why the existing gravel parking areas are not adequate from a safety standpoint.
Mitigation
• If the Board does grant the variance, the applicant must provide mitigation in accordance
with the Town’s Critical Area program. Per COMAR 27.01.09.01-2.H, variances require 3:1 mitigation for Buffer disturbance.
• The applicant submitted a Buffer Management Plan (BMP) that proposes 10,617 sf of
planting. In addition, twelve (12) trees will be planted offsite at a Town-owned property.
10% Critical Area Stormwater Management
• If a variance is approved for the project, 10% Critical Area stormwater management is
required since the project is located within the IDA. Total lot coverage will decrease, and the applicant proposes a rain garden and a dry well to provided stormwater management;
therefore, the Critical Area pollutant reduction requirement has been met.
Ms. Carolyn Brinkley August 12, 2024 Page 3 Other
• The County confirmed that the deck was constructed in 1987; therefore, as long as the
deck is replaced in kind, our office does not have additional comments regarding the deck replacement.
• The BMP includes 4:1 mitigation for a previous violation identified on the property. As
long as the Town is satisfied that appropriate mitigation has been provided; this office has no further comments regarding the violation.
• A phragmites removal program has recently altered the shoreline. Due to the loss of land,
it was noted during the site visit that the homeowner may want to explore options for shoreline stabilization. If so, the Maryland Department of the Environment (MDE) offers a pre-application meeting to discuss the approval process on-site. Based on communication with MDE, when reviewing the parcel on the Maryland Shoreline Stabilization Mapper the program indicates a Living Shoreline would be the preferred
method of shoreline stabilization.
Thank you for the opportunity to provide comments. Please include this letter as part of the record in this variance application. Please notify the Critical Area Commission of the decision made in this case. If you have any questions, you may contact me at (410) 260-3476 or susana.makhlouf@maryland.gov.
Sincerely, Susan Makhlouf Natural Resources Planner cc: Nick Kelly, Critical Area Commission Claudia Jones, Critical Area Commission File: CV 0164-24 1 0 '
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NOTE: BUFFER TO
EDGE OF MARSH
EXTENDS OUTSIDE
OF SHEET.
SEE SHEET BMP-4
GENERAL NOTES
1. THE PURPOSE OF THIS BUFFER MANAGEMENT PLAN IS TO COMPLY WITH THE BUFFER MITIGATION
AND ESTABLISHMENT REQUIREMENTS FOR THE CONSTRUCTION OF A DRIVEWAY, WALKS, REBUILDING A DECK, AND A RETAINING WALL. THE EXISTING DWELLING IS LOCATED WITHIN THE BUFFER ON A 129.82' GRANDFATHERED LOT.
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43˚36'57" E
2. THE PROPERTY SHOWN HEREON IS LOCATED ENTIRELY WITHIN THE CHESAPEAKE BAY CRITICAL
AREA.
3. PART OF THE SITE IS DESIGNATED RCA. PART OF THE SITE IS DESIGNATED IDA.
4. FOR CURRENT DEED REFERENCE SEE LIBER 04276, FOLIO 0033
5. FOR PLAT REFERENCE SEE PLAT BOOK 0000, FOLIO 0000
6. ACCESS TO PROPERTY IS ON WATSON RD. OFF CHESTERFIELD AVE.
7. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF REVIEW OF AN ABSTRACT OF TITLE
SEQUENCE OF IMPLEMENTATION
1. CONTRACTOR SHALL ARRANGE PRE-PLANTING MEETINGS WITH COUNTY PLANNING & ZONING
201.52' DEPARTMENT STAFF. AT LEAST 5 DAYS IN ADVANCE OF DISTURBANCES OF ANY LAND ON SITE.
2. REMOVE \ ELIMINATE TURF GRASS AND TILL AREAS TO BE PLANTED TO A DEPTH OF 12 INCHES
3. USE TREE SHELTER TUBES WITH MESH TOPS FOR SEEDLINGS PLANTING TO REDUCE ANIMAL
DAMAGE.
CORSICA RIVER 4. MULCH AROUND LANDSCAPING STOCK TO REDUCE COMPETITION FROM INVASIVE SPECIES.
4. MONITOR THE PLANTINGS OFTEN TO REDUCE PLANT STRESS SUCH AS WATER DEFICIENCY,
NUTRIENT DEFICIENCY, INVASIVE SPECIES COMPETITION, PEST DAMAGE, AND DISEASE.
5. THE CONTRACTOR TO OBSERVE MINIMAL SITE PREPARATION/DISTURBANCE, PROTECTION OF
PLANTS AFTER DELIVERY UNTIL THEY ARE PLANTED, PROPER DIGGING AND HANDLING OF PLANT MATERIALS, PROPER EXCAVATION OF PLANTING AREAS, PLANTING OPERATIONS, STABILIZATION OF 115.76'
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1. MONITOR THE PLANTINGS OFTEN TO REDUCE PLANT STRESS SUCH AS WATER DEFICIENCY,
NUTRIENT DEFICIENCY, INVASIVE SPECIES COMPETITION, PEST DAMAGE, AND DISEASE.
2. WATER ONLY AS NECESSARY BUT AT LEAST ONCE EVERY 10 DAYS WITHOUT RAINFALL FROM MAY
THROUGH SEPTEMBER, DEPENDING ON SOIL MOISTURE LEVELS. MONITOR TO ENSURE THAT OVER-WATERING DOES NOT FREQUENTLY OCCUR.
3. USE LOW NITROGEN AND SLOW RELEASE FERTILIZERS AND APPLY IN LATE FALL OR EARLY SPRING.
4. AT THE END OF THE 2-YEAR MONITORING PERIOD, THE SURVIVAL OF THE PLANTINGS SHALL BE
ASSESSED TO DETERMINE THE NEED FOR REPLACEMENT PLANTINGS
REQUIRED SURVIVAL
AT THE END OF THE 2-YEAR MONITORING PERIOD FOR PLANTED LANDSCAPE STOCK, ALL OF THE PLANTS APROXIMATE LINE ARE REQUIRED TO SURVIVE PER COMAR 27.01.09.01-2J. ANY LANDSCAPE STOCK PLANT OR PLANTS THAT DID OF TOWN LIMITS NOT SURVIVE SHALL BE REPLACED.
IF THE COUNTY DETERMINES THAT SURVIVAL IS NOT ADEQUATE, THE MONITORING PERIOD MAY BE EXTENDED AND ADDITIONAL INSPECTIONS MAY BE REQUIRED AT THE DISCRETION OF THE COUN
BUFFER MANAGEMENT AND PROTECTION STANDARDS
71.80'
1. REMOVAL OF NATURAL VEGETATION WITHIN THE 100-FOOT BUFFER AND EXPANDED BUFFER IS
PROHIBITED. CUTTING AND CLEARING OF NATURAL VEGETATION WITHIN THE BUFFER AND EXPANDED BUFFER SHALL BE AS SHOWN ON THIS BUFFER MANAGEMENT PLAN AS SUBMITTED AND OR AS
FLOODPLAIN
SUBSEQUENTLY AMENDED, SUBJECT TO APPROVAL BY THE COUNTY PLANNING AND ZONING OFFICE.
ZONE LINE
ADDITIONAL INFORMATION CAN BE OBTAINED BY CONTACTING THE PLANNING AND ZONING OFFICE AT
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PLANTED AND NATURALLY REGENERATED AREAS OF THE BUFFER SHALL BE AS DESCRIBED IN THIS 308.94'
RCA
PLAN.
3. NEW LAWN AREAS SHALL NOT BE CREATED WITHIN THE BUFFER AND EXPANDED BUFFER UNLESS
SPECIFICALLY ADDRESSED IN THIS BUFFER MANAGEMENT PLAN.
0 MEDGE OF MARSH
IDA M INSPECTION AGREEMENT
2 M 1, DARRYL SAVAGE, THE OWNER OF THE SUBJECT PROPERTY, SHOWN HEREON, DO HEREBY GRANT 4 PERMISSION TO THE APPROVING AUTHORITY TO INSPECT THE PLANTINGS AT APPROPRIATE TIMES M M 6 AT THE ADDRESS PROVIDED BELOW.
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M 8 STREET ADDRESS: 110 WATSON RD. CENTERVILLE, MD 21617
APROXIMATE LINE
193.18'
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W 148.50'
1 1 0 2 14 16
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20 ______________________________________________________________________________3/5/2024________
M M 16" Sycamore Maple 22 RAIN GARDEN A OWNER DATE M
M 0
EDGE OF MARSH M M IDA M 5 + + + + + * + * + + + * * * * * * * + * + + * + + * + + + + + + + + + DECK 22' 24 + B T T H H U I E S F L M F O I C E N A O R L R C M B R U A IT F N I F C E A A R L G M A E R A E N M A A E G P E R N M O T E G N P R T A L M P A L A N A N N D A H T P A H S P E B R P E O R E O N V V A R IS E L I V O I N E S W O ED F A C N O D M A A P R P 2 R 7 O .0 V 1 E .0 D 9. F 01 O - R 1 - C 7 ONSISTENCY WITH
FLOODPLAIN M + 12" Black Cherry + 2 1 ZONE LINE 24" 1 M 1 a .6 p " l e Stump + + 14" Paper M + ulberry + + + 10 + 3 26" Locust 6 LAWN DOWN DOWN 5 10 N 19˚05'1 2 3" E 4 6 57.7 8 4 + 10 + + + + + + + + + + + + + + + + FRAME + 1 1 7 1 .9 " " P S a t p u e m r p Mulber + + ry + + 24" + L 2 o 0 cus + t + + + + + + + + + + + PLANT BED 26" Cherry 2" Dogwood 2 D W ST E O L R LI Y N G + + GRAVEL SHED GRAVEL 4" Holly
15 + PARKING PARKING + 8" Holly 9" Cedar EM 20 + + + + + 13" Norway Maple x X 22.2272.2 11 7 .5" Crape Myrtle
WM
N 27˚54'47" 231.01' 12" Crape Myrtle 16" Crape Myrtle M WV
WATSON ROAD B REMOVE 8" HOLLY
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PROPOSED COBBLESTONE
REMOVE PARKING LEGEND LANDSCAPE LEGEND
DRIVEWAY
REPLACE WITH
GARDEN
REMOVE FOREST EDGE CANOPY TREE
13" NORWAY MAPLE 2" CAL. 8' HT. +
EXISTING TREE TO REMAIN
24" Maple
CANOPY TREE
1" CAL. 6' HT.
EXISTING TREE REMOVED
14" Stump Darryl Savage
MEAN HIGH WATER UNDERSTORY TREE
+ SITE PLAN 1" CAL. 6' HT. 110 Watson Road BUFFER Centerville, Maryland 21617
SCALE 1" = 30' LARGE SHRUB
M EDGE OF MARSH 1 GAL. 4' HT. +
BUFFER MANAGEMENT PLAN
FLOODPLAN ZONE
SMALL SHRUB
+
1 GAL. 18" HT. AS NOTED EB
LIMIT OF DISTURBANCE
6.10.2024 Revised: 7.30.24
PROPERTY LINE
Revised: 8.13.24 Revised: 8.15.24
EXISTING FOREST COVER
'57.83 339.8' 19.75' 1 1 DRY WELL 72.75 cu ft
BUFFER
TO EDGE OF MARSH
'57.12 I hereby certify that these documents were prepared or approved by me, and that I am a duly licensed professional Landscape Architect under the laws of the State of Maryland.
License No.: 627 Expiration Date: 09-19-2025
CURRENT FIELD SURVEY
RECORDED BY
RYAN ANDERSON #22071
MCCRONE
320 PENNSYLVANIA AVENUE
CENTERVILLE, MARYLAND 21617
410-758-2237
SEPTEMBER 2023
NOTE: BUFFER TO
EDGE OF MARSH
EXTENDS OUTSIDE
OF SHEET.
SEE SHEET BMP-4
BMP - 1 OF 4
NOTE: ADJUST PLANT LOCATION
TO FIT SITE CONDITIONS.
M
AVOID DISTURBANCE OF
EXISTING VEGETATION. 100' BUFFER
TO MHW
M
5 Winterberry 5 Redbud M
M
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12 Hydrangea
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5 10 Black Locust 1 9 3 9 Clethra M 6 ˚0 5 .1 '1 8 3 ' "
W
M 1 4
40 Goldenrod 8 .5 0 ' 7 Clethra
M
3 Red Cedar 12 Sumac
RCA IDA
RCA M RAIN GARDEN A
6 Itea 3 Winterberry 20 Bluestem
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16" Sycamore Maple 11 Spiderwort
M
M 6 Clethra 1 Redbud *
M * * * *
EDGE OF MARSH * * * * * * + + + + +
M + * + + + +
+ + + + + + + +
+ DECK
M + + + + +
+ FLOODPLAIN + 12" Black Cherry 12 Christmas Fern ZONE LINE M 4 Winterberry 5 Ostrich Fern
+ DOWN
11.6" Stump 14" Paper Mulberry + + LAWN 17 PA Sedge DOWN 24" Maple + + + + 26" Locust 42 Christmas Fern 54 Aster IDA 17.9" Stump 24" Locust 18 Ostrich Fern 17 Inkberry + + + + + + 60 PA Sedge 5 Boxelder 5
N
19˚05'13"
E +
+ + + + + + + + + 11" Paper Mulber + ry + + + + + + + + + + + + + 26" Cherry 2" Dogwood 2
D W
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+ + 57.74 +
+ + FRAME
1 0 4" Holly + + SHED PROPOSED COBBLESTONE 9" Cedar E M 1 5 + + DRIVEWAY 8" Holly 11.5" Crape Myrtle + + 20 Coralbells 16 Northern Bayberry + + + 13" Norway Maple
X
22.27 0 7 Sage x 22.27 WM 2 16" Crape Myrtle WV N 27˚54'47" 231.01'10 Sage 12" Crape Myrtle M
B
WATSON ROAD 19 Viburnum S 4 Serviceberry (NOT INCLUDED) S 16 Christmas Fern 10 Sage 7 Ostrich Fern 22 PA Sedge 1 Inkberry 12 Joe Pye 4 Serviceberry 15 Clethra 3 Inkberry 2 Inkberry (male) 6.460
DOWNSPOUT
PLANTING PLAN 35 Phlox Darryl Savage SCALE 1" = 30' 110 Watson Road Centerville, Maryland 21617
LIMIT OF
RAIN GARDEN
BUFFER MANAGEMENT PLAN
RAIN GARDEN A
1/4" = 1'-0" AS NOTED EB
6.10.2024 Revised: 7.30.24 Revised: 8.13.24 Revised: 8.15.24
BMP - 2 OF 4
334.6
BUFFER MANAGEMENT SITE STATISTICS PLANT PALETTE
SITE AREA = 53,961 sq. ft. (1.239 ac +/-)
TREES
SITE AREA WITHIN CRITICAL AREA = 53,961 sq. ft. (1.239 ac +/-)
QUANTITY BOTANICAL NAME - COMMON NAME SIZE
AREA WITHIN 100' CRITICAL AREA BUFFER = 34,662.6 sq. ft. (.8 ac +/-) 5 Acer negundo – Boxelder 2" cal.
AREA WITHIN 200' EXPANDED BUFFER = 53,961 sq. ft. (1.239 ac +/-) 8 Amelanchier grandiflora ‘Autumn Brilliance’ - Serviceberry 6-8’ tall AREA IN RCA = 29,898 sq. ft. (.69 ac.) 6 Cercis canadensis - Eastern Redbud 2" cal.
AREA IN IDA = 24,062 sq. ft. (.66 ac.) 3 Juniperus virginiana – Red Cedar 6’t 10 Robinia pseudoacacia – Black Locust 2"cal.
IMPERVIOUS AREA (ALLOWED)
15% RCA = 8,094.15 sq. ft
SHRUBS
100% IDA = 24,062 sq. ft.
37 Clethra alnifolia – Summersweet #1 21 Ilex glabra 'Compacta' - Compact Inkberry #1
EXISTING LOT COVERAGE
2 Ilex glabra 'Squeeze Box' – Male Inkberry #1 RCA 0 sq. ft.
10 Ilex verticillata ‘Little Goblin’ – Winterberry #1 IDA DWELLING/SHED/DECK = 2496.1 sq. ft.
2 Ilex verticillata 'Southern Gentleman' – Male Winterberry #1 PARKING/WALK =1813.25 sq. ft. TOTAL: 4,309.35 sq. ft.
6 Itea virginica ‘Henry’s Garnet’ – Summersweet #1 12 Hydrangea arborescens – Smooth Hydrangea #1
PROPOSED LOT COVERAGE
16 Myrica pensylvanica – Northern Bayberry #7 RCA 0 sq. ft. 0% 12 Rhus glabra - Smooth Sumac #1 IDA DWELLING/SHED = 2496.1 sq. ft.
19 Viburnum x pragense’ – Prague Viburnum #7 DRIVEWAY/WALKS = 1364.55 sq. ft. TOTAL: 3,860.65 sq. ft. (0.09 ac +/-) 4.7% -- NON NATIVE, NOT INCLUDED IN MITIGATION.
NET DECREASE 493.7 sq. ft.
PERENNIALS & GRASSES
CRITICAL AREA 10%
54 Aster divaricatus - White Wood Aster 1 qt 3,860.65 sq. ft. Coverage x 10% = 386 sq ft. REQUIRED 99 Carex pensylvanica - Pennsylvania Sedge 1 qt RAIN GARDEN A = 215 sq. ft.
12 Eupatorium dubium – Joe Pye Weed 1 qt DRY WELL = 291 sq. ft.
20 Heuchera americana – Coral Bells 1 qt TOTAL PROVIDED = 506 sq. ft.
30 Matteuccia struthiopteris - Ostrich Fern 1 qt 70 Polystichum acrostichoides – Christmas Fern 1 qt AREA CLEARED OR DISTURBED = 2,807 sq. ft.
27 Salvia lyrata – Lyre Leaf Sage 1 qt MITIGATION REQUIRED 1:3 = 8,421 sq. ft.
20 Schizachyrium scoparium – Little Bluestem 1 qt 40 Solidago sempervirens – Seaside Goldenrod 1 qt
VIOLATION
11 Tradescantia virginica - Spiderwort 1 qt
PENALTY: NUMBER OF TREES CLEARED = 2 (# 0F TREES)
MITIGATION FOR PENALTY: 2 X 4 = 8 TREES AT 2-1/2" TO 3" CALIPER
FEE IN LIEU (1600 sq. ft. X $1.50) = $2,400.00
LANDSCAPE SCHEDULE NOTES
PLANTING PLAN AND LANDSCAPE SCHEDULE 1. ALL PLANT SPECIES SHALL BE NATIVE TO THE CHESAPEAKE AND ATLANTIC COASTAL BAYS REGION BASED ON THE U.S. FISH AND WILDLIFE SERVICE PUBLICATION, NATIVE PLANTS FOR WILDLIFE HABITAT AND CONSERVATION LANDSCAPING.
STEP ONE
2. SPECIES CLASSIFICATION (CANOPY TREE, UNDERSTORY TREE, ETC.) IS IN ACCORDANCE WITH
-DISTURBANCE TO THE EXPANDED BUFFER.
MATURE HEIGHTS AS SET FORTH IN THE U.S. FISH AND WILDLIFE SERVICE PUBLICATION, -MITIGATION IS REQUIRED.
NATIVE
PLANTS FOR WILDLIFE HABITAT AND CONSERVATION LANDSCAPING.
STEP TWO
3. SPECIES HAVE BEEN SELECTED BASED ON AN ANALYSIS OF SURROUNDING NATIVE FOREST
-SHORE EROSION CONTROL
AND DEVELOPED WOODLAND COVER.
-BUFFER DISTURBANCE MITIGATION
4. SHRUB SPECIES COMPRISE _43_ PERCENT OF THE PROPOSED PLANTING, WHICH
AREA DISTURBED 2,807 SQ. FT. X MITIGATION RATIO 1:2 = 8,421 SQ. FT
DOES NOT EXCEED 50 PERCENT OF THE OVERALL PLANTING.
5. THE QUANTITY OF ANY SINGLE SPECIES DOES NOT EXCEED 20 PERCENT OF THE OVERALL
STEP THREE
PLANTING
MITIGATION FOR CLEARING TREES
6. OFF-SITE TREES (12) TO BE MARYLAND NATIVE. CONTACT TOWN OF CENTEREVILLE PUBLIC
-1 INVASIVE SPECIES TREES TO BE REMOVED = 1 TREE PLANTED
WORKS TO DETERMINE DESIRED SPECIES AND LOCATION WHERE 12 TREES CAN BE PLANTED ON TOWN PROPERTY.
VIOLATION
MARYLAND NATIVE TREES INCLUDE; Acer negundo – Boxelder, Acer rubrum – Red Maple, Celtis
2 TREES REMOVED = 4:1 = 8 TREES TO BE PLANTED
occidentalis – Common Hackberry, Juniperus virginiana – Red Cedar, Robinia pseudoacacia – Black Locust, Salix exigua – Coyote Willow, Ulmus americana - American Elm
STEP FOUR
TOTAL MITIGATION
BUFFER DISTURBANCE = 2,807 SF 3:1 = 8,421 SF
TREE CLEARING = 1 TREES 3:1 = 3 TREES = 600 SF DRY WELL DETAILS
VIOLATION = 2 TREES 4:1 = 8 TREES = 1,600 SF
TOTAL MITIGATION = 10,621 SF
STEP FIVE
RAIN GARDEN CONSTRUCTION NOTES
ESTABLISHMENT FOR DEVELOPMENT OUTSIDE THE BUFFER
-SITE IS INSIDE EXPANDED BUFER. 1 RAIN GARDENS SHALL BE CONSTRUCTED AFTER ALL UPSTREAM AREAS
HAVE BEEN STABILIZED WITH EITHER IMPERVIOUS SURFACES OR TOPSOIL AND
STEP SIX VEGETATION.
ADJUST FOR FOREST COVER 2 RAIN GARDEN EXCAVATION SHALL BE ROUGH AND UNCOMPACTED. IF -SITE AREA = 81,314.9 sq. ft. (1.86 ac+/-)
SMEARING OF BOTTOM OR WALLS OCCURS, SCRATCH WITH A RAKE AS
-SITE AREA WITHIN CRITICAL AREA = 81,314.9 sq. ft. (1.86 ac+/-) NECESSARY TO EXPOSE ROUGH EARTH.
-AREA WITHIN 100' CRITICAL AREA BUFFER = 66,247.9 sq. ft. (1.52 ac. +/-)
3 LANDSCAPING MATERIALS SHOULD BE INSTALLED DURING THE SPRING
-APPROX. 7,973 SQ. FT FORESTED WITHIN 100' BUFFER
OR FALL IF POSSIBLE.
-APPROX. 4,767 SF FORESTED OUTSIDE 100' BUFFER
AND WITHIN EXPANDED BUFFER 4 OVERFLOW FROM RAIN GARDEN SHALL BE DIRECTED OVER A 3" DEEP
BY 10' WIDE DEPRESSION IN THE PERIMETER BERM AND SHALL NOT BE A
STEP 7 SOURCE OF DOWNSTREAM EROSION.
CLUSTER PLANTING EVALUATION THE OWNER IS ENCOURAGED TO ENHANCE THE VISUAL APPEAL OF THE RAIN -TOTAL MITIGATION IS LESS THAN ONE ACRE GARDEN BY USING STONE OR TIMBER RETAINING WALLS INSTEAD OF USING EXCAVATED SOIL. EPDM LINER MAY BE NEEDED TO MAKE A WATERTIGHT WALL.
CLUSTER OPTIONS
SOIL SPECIFICATIONS
MAXIMUM
CREDIT MAXIMUM 1 THE RAIN GARDEN PLANTING SOIL SHALL HAVE A COMPOSITION OF 50%
VEGETATION TYPE MINIMUM SIZE ELIGIBLE FOR CREDIT PERCENT QUANTITY
ALLOWED SAND, 20% WOOD CHIPS LEAVES, AND 30% TOPSOIL.
OF CREDIT
(SF) 2 SOIL SHALL BE OF UNIFORM COMPOSITION, FREE OF STONES, STUMPS,
PLANTING CLUSTER 1 CANOPY TREE W/ 3 LARGE SHRUBS OR 300 N/A N.A. ROOTS OR SIMILAR OBJECTS LARGER THAN ONE INCH.
1 1 CANOPY TREE W/ 6 SMALL SHRUBS 3 SOIL SHALL BE FREE OF DEBRIS AND PLANTS (OR PLANT PARTS) OF PLANTING CLUSTER 2 UNDERSTORY TREES W/ 3 LARGE SHRUBS 350 N/A N.A. BERMUDA GRASS, QUACK GRASS, JOHNSON GRASS, MUGWORT, NUTSEDGE, 2 OR 2 UNDERSTORY TRES W/ 6 SMALL SHRUBS POISON IVY, OR CANADIAN THISTLE.
4 PLANTING SOIL SHALL BE OVERFILLED BY 2-3" TO ALLOW FOR SETTLING.
STEP 8 DO NOT COMPACT.
TOTAL REQUIRED BUFFER PLANTING
MAINTENANCE CRITERIA:
BUFFER DISTURBANCE MITIGATION 8,421 SF
VIOLATION 1,600 SF 1 WATER PLANTS LIBERALLY THE FIRST GROWING SEASON AND DURING
BUFFER ESTABLISHMENT + 0 SF PERIODS OF DROUGHT THEREAFTE
2 REMOVE ACCUMULATED TRASH AND VEGETATIVE DEBRIS EVERY FEW
TOTAL PLANTING REQUIRED 10,021 SF MONTHS AND ENSURE THAT INFLO PIPE(S) FLOW FREELY.
3 PRUNE AND REMOVE DEAD VEGETATION PERIODICALLY, AS WITH ANY
PLANTING
LANDSCAPE BED. IF SPECIFIC PLA ARE NOT SURVIVING, REPLACE WITH A
33 TREES REQUIRED
DIFFERENT SPECIES. WATERING MAY BE REQUIRED DURING PROLONGED DRY
21 TREES ON SITE
PERIODS.
12 TREES TO BE PLANTED OFF SITE (See Note #6.) Darryl Savage 33 TREES PROVIDED 5,400 4 SILTS AND SEDIMENT SHOULD BE REMOVED FROM THE SURFACE OF THE FILTER BED WHEN ACCUMULAT EXCEEDS ONE INCH.
110 Watson Road 50 LARGE SHRUBS REQUIRED THE TOP FEW INCHES OF FILTER MEDIA SHOULD BE REMOVED AND REPLACED Centerville, Maryland 21617
57 LARGE SHRUBS PROVIDED 2850 WH
WATER PONDS FOR MORE THAN 48 HOURS.
67 SMALL SHRUBS REQUIRED 5 REFRESH MULCH WITH AN ADDITIONAL THIN LAYER ANNUALLY. REMOVE 61 SMALL SHRUBS PROVIDED 1525 ALL MULCH AND REPLACE WITH NEW THREE-INCH LAYER EVERY
3-5 YEARS. RAIN GARDEN DETAILS BUFFER MANAGEMENT PLAN
421 PERENNIALS REQUIRED AS NOTED EB
421 PERENNIALS PROVIDED 842
6.10.2024 TOTAL PLANTING PROVIDED 10,617 SF Revised: 7.30.24 Revised: 8.13.24 Revised: 8.15.24
BMP - 3 OF 3
115.76' S 43˚36'57"
E
115.76' S 43˚36'57"
E
129.82' 129.82'
N 61˚27'03" E
308.94'
N 61˚27'03" E
308.94' 193.18' 193.18' 20 15 10
N
5 19˚05'13" E 57.74 M M
M
201.52' 20 15 10
N
5 19˚05'13" E 57.74 M M
M
201.52' 24" Maple 11.6" Stump M 24" Maple 11.6" Stump M
M 273.32' M 273.32'
S 11" Paper Mulbe 1 r 4 ry " 1
P
7 a .9 p " e
S
r t
M
um ulb p erry M
M M
N 32˚53'33" E
S 11" Paper Mulbe 1 r 4 ry " 1
P
7 a .9 p " e
S
r t
M
um ulb p erry M
M M
N 32˚53'33" E
24" Locust M PROPERTY LINE 24" Locust M PROPERTY LINE 26" Locust 12" Black Cherry M M 26" Locust 12" Black Cherry M M
M EDGE OF MARSH M EDGE OF MARSH
N 27˚54'47"231.01'
M 71.80'
N 27˚54'47"231.01'
M 71.80'
M M
3 6 8' B U F F E R 230.950 12" Crape Myrtle 13 1 " 6 N " o C r r w a a p y e M M a y p rt l l e e 8" Holly
M
X
B
22 9 2 . 6 " 2 7 " C C e h d e a r r ry 11.5" 4 C " r a H p o e l ly Myrtle 2" Dogwood DO DO W WN N 16" Sycamore Maple S 56 M ˚05'13" W148.50' M M M
E
P S
X
R TE
I
O
S
E P
T
P O
IN
S S
G
L E O
H
D P
O
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U
R
S
IV
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EWAY
3 6 8' B U F F E R 12" Crape Myrtle 13 1 " 6 N " o C r r w a a p y e M M a y p rt l l e e 8" Holly
M
X
B
22 9 2 . " 6 2 7 " C C e h d e a r r ry 11.5" 4 C " r a H p o e l ly Myrtle 2" Dogwood DO DO W WN N 16" Sycamore Maple S 56 M ˚05'13" W148.50' M M M
E
P S
X
R TE
I
O
S
E P
T
P O
IN
S S
G
L E O
H
D P
O
D E
U
R
S
IV
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EWAY
S WVWM EM S WVWM EM
EXPANDED BUFFER EXPANDED BUFFER
EXPANDED BUFFER ILLUSTRATION 1 BUFFER TO EDGE OF MARSH EXPANDED BUFFER ILLUSTRATION 2 BUFFER TO EDGE OF MARSH
EXPANDED BY 4' FOR EVERY EXPANDED BY 4' FOR EVERY
1" = 50' 1" = 50' 1% OF SLOPE. 1% OF SLOPE.
67% SLOPE X 4" = 268' + 100' BUFFER 67% SLOPE X 4" = 268' + 100' BUFFER
TO EDGE OF MARSH TO EDGE OF MARSH
Darryl Savage 110 Watson Road Centerville, Maryland 21617
BUFFER MANAGEMENT PLAN
AS NOTED EB
6.10.2024 Revised: 7.30.24 Revised: 8.13.24 Revised: 8.15.24
BMP - 4 OF 4
THE TOWN OF CENTREVILLE 101 LAWYERS ROW CENTREVILLE, MD 21617
410-758-1180 FAX 410-758-4741 WWW.TOWNOFCENTREVILLE.ORG
MEMORANDUM
September 6, 2024 TO: Centreville Planning Commission FR: Michael Whitehill, Whitehill Consulting, LLC Carolyn Brinkley, Town Manager RE: 110 Watson Road – Variance Request – V-03-24 The applicant/owner, Darryl Savage, 110 Watson Road, is requesting a variance to Chapter 170- 31.12 of the Town of Centreville’s Critical Area Program to disturb the Buffer to replace and locate a new driveway and walkways in the Critical Area Buffer. The property is 1.24 acres,
zoned R-2, located entirely within the Critical Area on land designated as Resource Conservation Area (RCA) and Intensely Developed Area (IDA).
The existing lot coverage, which includes the dwelling, deck, shed, parking, and walkways, is 4,309 sf. The proposed lot coverage that includes the dwelling deck, shed, parking, walkways, is 3,861 sf.; a decrease in lot coverage of 448 sf. Two existing gravel parking areas will be removed, and a new driveway and walkways are proposed. All existing and proposed lot coverage is located within the IDA.
Michael Whitehill, Carolyn Brinkley, Critical Area staff, and consultants for the property owner met on-site on May 14, 2024. Staff from the Critical Area Commission provided comments and opinions based on this site visit which are attached to this memo however, summarized below:
Variance Request
• The applicant is seeking a variance to locate a driveway and walkways in the Buffer.
Total proposed new lot coverage within the Buffer is 1,365 sf. The applicant proposes to remove existing lot coverage within the Buffer. A variance is not required to remove lot coverage from the Buffer.
• The Board of Appeals must determine if the applicant meets all the Town of Centreville’s
variance standards in order to grant a variance. These include finding that a literal enforcement of the local Critical Area Program would result in an unwarranted hardship to the applicant and that the granting of the variance would be in harmony with the general spirit and intent of the Critical Area Law, the Critical Area regulations, and the local Critical Area Program. If the Board does grant the variance, the applicant must
provide mitigation in accordance with Town of Centreville’s Critical Area program.
• The proposed pull-off driveway and walkways are something that our office would not
typically support as they are located entirely within the Buffer. However, based on discussions during the site visit, it is our understanding that the project is being proposed Page | 1 to address safety considerations. Therefore, we recommend that the Board request additional clarification from the applicant regarding how the proposal would address the safety concerns. Specifically, the Board may wish to ask the applicant if the proposal is
the minimum relief needed to address the safety concerns and why the existing gravel parking areas are not adequate from a safety standpoint.
Mitigation
• If the Board does grant the variance, the applicant must provide mitigation in accordance
with the Town’s Critical Area program. Per COMAR 27.01.09.01-2.H, variances require 3:1 mitigation for Buffer disturbance.
• The applicant submitted a Buffer Management Plan (BMP) that proposes 10,617 sf of
planting. In addition, twelve (12) trees will be planted offsite at a Town-owned property.
10% Critical Area Stormwater Management
• If a variance is approved for the project, 10% Critical Area stormwater management is
required since the project is located within the IDA. Total lot coverage will decrease, and the applicant proposes a rain garden and a dry well to provided stormwater management;
therefore, the Critical Area pollutant reduction requirement has been met.
Phragmites The ongoing eradication of the phragmites initiated by the Town is to continue. The Town will be replanting the entire marsh area from Watson Road to the limits of eradication on the Chesterfield Farm, when the eradication is complete in the summer of 2025. This eradication area is treating an invasive (not natural) species and is not within in the 100’ shore buffer as depicted on the applicant’s plans: Buffer Management & Protection Standards states, "Removal
of natural vegetation within the 100-foot buffer and expanded buffer is prohibited." The applicant is seeking a variance for that provision as well as adding lot coverage within the buffer.
Code Requirements Section
170-59 C.
Variances; conditions governing applications; procedures.
Upon appeal in specific cases, to authorize such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the Board of Appeals unless and until:
a. A written application for a variance is submitted demonstrating:
1. That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zone.
Staff notes: Special conditions and circumstances exist on this property in that the current driveway location poses a safety hazard and granting the variance would address these safety concerns.
2. That literal interpretation of the provision of this chapter would deprive the
applicant of rights commonly enjoyed by other properties in the same zone under the terms of this chapter.
Staff notes: The literal interpretation of the regulations would prevent the property owner from relocating the driveway and walkways. As noted in the comments from the Critical Area Commission: “Specifically, the Board may wish to ask the applicant if the proposal is the minimum relief needed to address the safety concerns and why the existing gravel parking areas are not adequate from a safety standpoint.”
3. That the special conditions and circumstances do not result from the action of the
applicant.
Staff notes: There is no evidence that the applicant created the existing driveway and walkways resulting in the current circumstances or special conditions.
4. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, structures, or buildings in the same zone.
Staff notes: The granting of the variance would allow the relocation of the driveway, walkway, and the removal of vegetation within the 100-foot buffer and will not confer any special privileges to the owner or grant the owner the ability to use the lot in a way other than as a single-family residential.
5. That the granting of a variance will not adversely affect water quality or adversely
impact fish, wildlife, or plant habitat within the Critical Area Overlay Zone, and that the granting of the variance will be consistent with the spirit and intent of the Town's Critical Area Program and associated ordinance as well as state law and regulations.
Staff notes: The property is located within the Critical Area and the property owner will be required to adhere to the mitigation and 10% rule as stated above in “Mitigation” and “10% Critical Area Stormwater Management”.
No nonconforming use of neighboring lands, structures, or buildings in the same zone, and no permitted use of lands, structures, or buildings in other zones shall be considered grounds for the issuance of a variance.
Board of Appeals Variance Review Process Considerations
• The Board of Appeals must decide whether to approve or deny the application. As
provided in Section
170-59 C.,
the Board must find that the proposed variance: “will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship.”
• The Board of Appeals shall make findings that the requirements of § 170-59C(1)(a) have
been met by the applicant for a variance.
• The Board of Appeals shall further make a finding that the reason set forth in the
application justifies the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of land, building, or structure.
• The Board of Appeals shall further make a finding that the granting of the variance will
be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
Planning Commission Review and Recommendation Per Section 170-59.C.1.(b) the Planning Commission evaluated the requested variance at its August 21, 2024 and forwarded a favorable recommendation to the Board of Appeals for the variance request as it is consistent with the Comprehensive Plan. Please note that the Planning Commission did not review the standards that the Board is required to apply.
Conclusion The Board of Appeals may approve or deny the application and it may also place conditions on the approval as it sees fit and necessary. In rendering a decision, the Board should include in its motion the findings upon which the decision is based and should discuss the degree to which the application complies with each of the standards.
In summary, the requested variance encompasses the following:
1. A variance to Chapter 170-31.12 of the Town of Centreville’s Critical Area Program
to disturb the Buffer to replace and locate a new driveway and walkways in the Critical Area Buffer.