BEFORE THE BOARD OF APPEALS OF QUEEN ANNE'S COUNTY  In the matter of Application by Joseph Culotta for Zoning Variance  Case No. BOA-24-04-0178  FINAL DECISION OF THE BOARD  Introduction  The Queen Anne's County Board of Appeals (the "Board") held a meeting on June 18, 2024 at 5:00p.m. to consider Case No. BOA-23-03-0178 fora a variance application filed by Joseph Culotta (hereinafter the Applicant"). The Board members present were Chairman, Howard Dean, Vice-Chairman Craig W. McGinnes and Board Member Michael A. Lesniowski.  At the beginning of the hearing, the Board established that all requirements were met governing the filing of the variance application, and proper notice of the June 18th public hearing. Board Chairman Dean administered the oath to all who wished to testify on the application,  including the Applicant.  Applicant's Request  The Applicant requests a variance to the provisions of $ 181-19.E.0.4P0 ofthe Code ofPublic Local Laws of Queen Anne's County (the "Code"), to reduce the required 25 foot front yard setback to 10 feet to construct a new single family dwelling. The Applicant's property is located at 217 Caroline Road, in the Kent Island Estates subdivision near Stevensville, MD in the 4th Election District (hereinafter the "Property"). The Property is located in the Neighborhood Conservation-20 (NC-20) Zoning District with al Limited Development Area (LDA)Critical Area  designation.  The Applicant submitted a Building Permit (No. BR24-03-0185) to construct a two-story single-family dwelling with the first floor measuring 35' X 60'8-1/2" overall to include a 21'4- 916'x21'3-1/2" garage, 197-1/4'x39-1/16" front porch and a second floor measuring 26'8" x1 19'5-3/16" overall. The proposed total floor area is 2,456 square feet. On April 17, 2024, the Queen Anne's County Zoning Inspector denied the Applicant's Building Permit after determining    2170 Caroline Road Setback Variance p.2  that the proposed dwelling did not meet the required front yard setback of25 feet from Talbot  Road, as required by $ 18-1-19.E.)ld0 oft the Code.  Applicable Provisions oft the Code  The standards the Board must apply to the Applicant's variance request are set forth in $ 18:1-121.B. oft the Code. To grant the requested variance, the Board must find as follows:  1. 2. 3. 4. 5.  Literal enforcement of this Chapter 18:1 would result in unnecessary hardship or  practical difficulty as the result of specified conditions;  Those conditions are peculiar to the property involved; Those conditions are not the result of any action taken by the appellant; The variance will not be contrary to the public interest; and Evaluation of alternatives proves variance is required.  Ina addition, pursuant to $ 18:1-122.A. oft the Code, the Board must find that any variance granted is no greater than an amount minimally necessary to ameliorate the conditions giving rise  to any practical difficulty or unnecessary hardship.  Property Description and Department of Planning & Zoning Recommendations Robert Owen, Zoning Inspector with the Department of Planning & Zoning, presented his staff report. Mr. Owen said the Applicant is seeking to construct a new single-family dwelling. He said that the Applicant has requested a variance to reduce the required front yard setback from  25 feet to 10 feet.  Mr. Owen identified the Property and its location. He identified the Property in the Fourth Election District of Queen Anne's County located at 217 Caroline Rd., Stevensville. The Property isl located within the Kent Island Estates Neighborhood and located on the corner of Caroline Road and Talbot Road. The lot is 10,000 sq. ft., is zoned NC-20 and is partially located within the Limited Development Area (LDA) of the Critical Area. The lot is wooded and undeveloped. The lot is a legal non-conforming lot because it does not meet the area for the NC-20 zoning district. 18-1-127-E allows ai non-contorming lot to meet the setbacks of the zoning district closest to the non-conforming size, SO the NC-8 setbacks were applied to this lot. The proposed addition will    217 Caroline Road Setback Variance p.3  not meet the 25' setback for the zoning district. Proposed lot coverage for the new single family dwelling will total 2,501 sq. ft, which is within the 3,125 sq. ft. ofl lot coverage permitted.  Mr. Owen identified the variance history within the Kent Island Estates subdivision to include:( (1)Casel No. 19-03-0029-201 Wicomico Road, where the Board approved a 18' variance from the 35' front yard setback requirement in order for the applicant to build a single family home; and (2) Case No. 19-02-0054-2 200 Oregon Road, where the Board approved a 18' variance  from the 35' front yard setback to construct an addition.  Mr. Owen concluded by stating that Zoning staff has not received any evidence that outlines the practical difficulty regarding this property which must be presented to the Board of  Appeals.  Applicant's Presentation  The Applicant testified the lot is 50' wide and he didn'trealize that he had two front yard setbacks as a result of the shape and location oft the lot. He further testified that he designed the house to live on one floor because of medical reasons and planning for the future for retirement and aging needs. The Applicant bought this property in the 90'sa as a place for him and his wife to retire. The Applicant stated that the permitted building pad was only 20' wide, which would not even permit a double wide trailer to be put on the property. He testified that a variance will permit  him to build a house that will add quality to the neighborhood.  Mr. Lesniowski asked the Applicant whether building a smaller home would also require setbacks. The Applicant indicated that with only 20' there is not much you can build especially when considering handicap accessibility needs. The design they have now for the home was modified from the original plans to go upward to lessen the impact on the Critical Area. The Applicant identified only four lots that have the same issue as this property (i.e. two front yard  setback requirements as a result a single lot located on double roads).  Mr. McGinnes asked what the setback requirement would bei ift thej property wasi not located on two roads, and had a traditional side yard. Mr. Owen testified that it would be 5' for NC-8 due to being a non-conforming lot, and all lots that are confirming lots in Kent Island Estates would    217 Caroline Road Setback Variance p.4  bel NC-20 and have a 15' side yard setback. Mr. McGinnes commented that ifit was not a corner  lot, there would be no variance request needed.  Testimony from the Public  There was no testimony from the public.  Findings and Conclusions oft the Board  The Board finds the testimony and evidence presented by the Applicant credible and persuasive. The Board concludes that the evidence justifies approval of the requested variance. Based on the evidence presented, and duly considering the factors set forth in $18:1-121.C. ofthe  Code, the Board specifically finds and concludes as follows:  1. A literal enforcement of the front yard setback would result in unnecessary hardship and practical difficulty and those conditions are peculiar to the property involved 2. The conditions identified are not the result of any action taken by the Applicant. 4. There are no other alternatives that are viable such that the variance is required. 5. This lot has been identified as a buildable lot for 70 years and the house plans presented are the smallest available to permit the Applicant to still be able to live on the 1St floor 6. That but for it being a corner lot, it would have been compliant, and a variance would 7. That the Board is familiar with the subdivision from other hearings and takes into consideration that the neighbors were notified and no neighbors came to object. 8. The variance request is keeping a very modest footprint and is the amount minimally necessary to ameliorate conditions giving rise to any practical difficulty or unnecessary  3. The variance requested is not contrary to the public interest.  for health reasons. not have been needed.  hardship.  Decision  Based on the foregoing findings and conclusions, by a vote of three in favor and none  opposed, the Board grants to the Applicant:    217Caroline Road Setback Variance p.5  A variance from the provisions ofg 181-19.E.0.41D)0) toj permit the Applicant to reduce the required 25 foot front yard setback to 10 feet to construct a new single-family  dwelling.    217 Caroline Road Setback Variance p.6  ORDER  For the reasons set forth in the foregoing Opinion, itist this 6th day of September, 2024 ordered that the variance requested for. Joseph L. Culotta, in Case No. BOA-24-04-0178,  be granted.  ghCaela Howard A. Dean, Chairman  CNMEL Craig W. McGinnes, Vice-Chairman  Michael A. Lesniowski, Member    217 Caroline Road Setback Variance p.7  State of Maryland, County of Queen Anne's:  IHEREBY CERTIFY that the foregoing is a true and correct copy of the Opinion and Order oft the Board of Appeals of Queen Anne's County in Case No. BOA-24-04-0178, for Joseph L. Culotta, which Opinion and Order resulted from aj public hearing conducted by the Board of Appeals on June 18, 2024 and that the minutes and a recording of the June 18, 2024  meeting are filed in the office ofE Board of Appeals.  Certified this 6th day of September, 2024 by:  Caluy afull Cathy Maxwell Clerk to the Board of Appeals    BEFORE THE BOARD OF APPEALS OF QUEEN ANNE'S COUNTY  In the matter ofApplication by Larry & Jason Sheubrooks,  Case No. BOA-24-03-0172  Trustees  for Conditional Use  PINALDECISION OF THE BOARD  Introduction  The Queen Anne's County Board of Appeals (the "Board") held a meeting on June 18, 2024 at 5:15 p.m. to consider Case No. BOA-24-03-0172 for conditional use approval to conduct as selective cut commercial forestry operation on approximately 12.7  acres of land zoned Neighborhood Conservation-1 (NC-1), located on the northeast side of. John Brown Road, east of Bloomingdale Rd., near Centreville, MD, int the 5th Election District (the "Property"): filed by Larry & Jason Sheubrooks, Trustees (hereinafter collectively the "Applicant"). The Board members present were Chairman, Howard Dean, Vice-Chairman Craig W. McGinnes and Board Member  Michael A. Lesniowski.  At the beginning of the hearing, the Board established that all requirements were met governing the filing of the conditional use application, and proper notice of the June 18th public hearing. Board Chairman, Howard Dean, administered the oath to all who wished to testify on the  application, including the Applicant.  Applicant's Request  The Applicant is seeking conditional-use approval under the provisions ofs 18:1-19.C(3) of the Code ofPublic Local Laws ofQueen Anne's County (the "Code"), to engage in a select cut commercial forestry operation on approximately 12.7  acres of land. Commercial forestry is permitted as a conditional use in the Neighborhood Conservation-l (NC-1) district pursuant to $  18:1-19.C ofthe Code.    Sheubrooks Tax Map 52 Parcel 29 p.2  Conditional Use - Commercial Forestry Operation  Applicable Provisions ofthe Code  The standards the Board must apply to the Applicant's request for conditional use are set forth in $ 18:1-94 oft the Code. To approve the conditional use, the Board must find as follows:  1.  The proposed use at the proposed location shall be consistent with  the general purpose, goals, objectives, and standards of the Comprehensive Plan, this Chapter 18:1, or any other plan, program, map, or ordinance adopted, or under  consideration pursuant to official notice, by the County.  2. The proposed use at the proposed location will not result in a substantial or undue adverse impacts on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety, and general  welfare.  3. The proposed use at the proposed location will be adequately served by, and will not impose an undue burden on, any of the required improvements referred to in this Chapter 18:1, Part7. Where any such improvements, facilities, utilities, or services are not available or adequate to serviçe the proposed use at the proposed location, the applicant shall, as part oft the application and as a condition ofapproval oft the conditional use, be responsible for establishing ability, willingness, and binding commitment to provide such improvements, facilities, utilities, and services in sufficient time and in a manner consistent with the Comprehensive Plan, this Chapter 18:1, and other plans,  programs, maps, and ordinances adopted by the County.  In addition, $ 18:1-123.B. requires the Board to make the following findings to approve a  conditional use:  1. The conditions concerning that conditional use as detailed in this 2. The conditional use conforms to the Comprehensive Plan; and The conditional use is compatible with the existing neighborhood.  Chapter 18:1 exist;  3.  Last, pursuant to Maryland Annotated Code, Land Use Article $1-303, the Board must include in its evaluation of the Comprehensive Plan, pursuant to the above-cited section, certain consistency findings. The Board's approval of a conditional use must further, and not be contrary to, the  following items in the Queen Anne's County Comprehensive Plan:  1.  Policies;    Sheubrooks Tax Map 52 Parcel 29 p.3  Conditional Use Commercial Forestry Operation  2. 3. 4. 5. 6. 7.  Timing of the implementation of the plan;  Timing of development; Timing of rezoning; Development patterns; Land uses; and Densities or intensities.  Property Description and Department of] Planning & Zoning Recommendations Doug Summers, Associate Planner with the Department of Planning & Zoning, presented his staff report. He identified the Property as Queen Anne's County Tax Map 52 Parcel 29, on the northeast side of John Brown Road, approximately % mile east of its intersection with Bloomingdale Rd. He said the Applicant is requesting conditional use approval for a selective cut commercial forestry operation ini the NC-1 zoning district on approximately 12.7: t acres, which is part of a larger tract consisting of 40.577  ac. that are non-contiguous in nature. He said that the Applicant submitted all required documents, including: the logging permit application; forestry declaration ofintent; approved sediment and erosion control plan; timberh harvest plan by al licensed forester; signed affidavit ofnotification to adjacent property owners; and Forest Management Map. Mr. Summers said that the Property is unimproved and densely wooded. The dominant tree species on the Property are American Beech, Yellow Poplar, White Oak, and Red Oak. There are hydric soils and nontidal wetlands within the area to be harvested; however, the Applicant has provided a signed Nontidal Wetlands Best Management Practices Agreement. Mr. Summers indicated that there were no streams identified on site. He indicated that there may be forest interior dwelling (FIDs) bird habitat within the wooded area on Property; however, the Applicant  has provided state guidelines related to FIDs within the Timber Harvest Plan.  Mr. Summers said that the Applicant submitted a timber harvest plan to select cut within Stand A which comprises the entire 12.7 ac. area. He said that the Property currently has al basal area ofapproximately 120 square feet per acre. He said the proposed post-harvest basal area is 50    Sheubrooks Tax Map 521 Parcel 29 p.4  Conditional Use - Commercial Forestry Operation  square feet per acre which is different than the recent proposals which have generally been 60 square feet per acre; however, the forester has explained that the American Beech population on site thrives in low-light conditions and the reduced post-harvest basal area will permit more light to penetrate the canopy and thus allow for oak and other understory species to compete with the oak. Per the harvest plan, upon completion of the select cut, natural regrowth of mixed oak and  poplar is expected on the Property within two (2): years.  He concluded by stating that no agencies who have reviewed this conditional use request have offered any objection to the project as proposed, and the project is consistent with the 2022 Queen Anne's County Comprehensive Plan. Mr. Summers said that staff supports the Board of Appeals in granting conditional use to the Applicant to carry out a selective cut commercial forestry operation on the Property with the 6 conditions as noted in his staff report.  Following a question asked by Board Member Lesniowski, Mr. Summers indicated that condition #4 regarding the hours of operation being suggested as 7 am = 5pm was based on the project being located in a residential area. Mr. Summers indicated the Department would defer to  the Board regarding Saturday operations.  Applicant's Presentation  Noreen Davis, Maryland Licensed Professional Forester with Davis & Associates, spoke on behalfofthe. Applicant. Ms. Davis addressed the need for Saturday operations, seeking approval due to the small size oft the parcel and the short time frame for harvest given ground conditions and limitations because oftl the FIDs which prohibit cutting between April 1-J July 31. Additionally, Ms. Davis stated that she anticipated the project would take no more than 1-2 weeks to complete, and cutting on Saturday would allow them to get in and out quickly. In response to a question by Chairman Dean, Ms. Davis indicated that the project area includes Red Oak, White Oak, Poplar and Beech tree species, and the Applicant is trying to cut it in a way to permit the Oaks to outcompete the Beech during regrowth. She additionally testified that the wooded parcel is part of the Applicant's larger farm parcel, and the project is spaced to allow larger trees to remain in certain areas and a 50f ft buffer was proposed along the Northwest side and Southeast corner ofthe  project area where homes may be located.    Sheubrooks Tax Map 52 Parcel 29 p.5  Conditional Use - Commercial Forestry Operation  Testimony from the Public  After the Applicant presented his case, Chairman Dean asked ifany members oft the public  wished to testify, to which there was no response.  Findingsand Conclusions of the Board  Based on the evidence presented, and duly considering the applicable factors from the 1. For those reasons as specifically identified in the staff report entered into evidence, the Board finds the application is consistent with the general purpose, goals, objectives, and standards ofthe Comprehensive Plan, this Chapter 18:1,and any other plan, program, map 2. Thej project isap pretty routine operation and has at two-week impact which is minimal. For those reasons and others testified to on the record, the proposed use at the proposed location will not result in a substantial or undue adverse impact on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting public health, safety or general welfare. 3. The proposed use at the location will be adequately served by, and will not impose an undue burden on, any of the required improvements referred toi in Chapter 18:1. 4. The commercial forestry operation will result ini natural regrowth oft trees which is needed.  Queen Anne's County Code, the Board finds and concludes as follows:  adopted or under consideration by the County.  Decision  Based on the foregoing findings and conclusions, by a vote of three in favor and none 1. Conditional use approval pursuant to $ 18:1-19. C. (3) of the Code to carry out a selective cut commercial forestry operation on approximately 12.7 t acres, subject to  opposed, the Board grants to the Applicant:  the following conditions:  The Applicant will adhere to the approved Timber Harvest Plan, specifically focusing on meeting and/or exceeding the Stand A post-harvest basal area of50 The Applicant will adhere to the approved erosion and sediment control plan;  square feet per acre: ;    Sheubrooks Tax Map 52 Parcel 29 p.6  Conditional Use Commercial Forestry Operation  The Applicant will adhere to the Non-Tidal Wetlands Best Management The hours of operation on the Property will be Monday through Saturday from The Applicant adheres to the Forest Interior Dwelling Bird Habitat (FIDs) The Applicant marks the trees to be harvested below the cut line for future  Practices Agreement for Forest Harvest Operations;  7:00 a.m. to 5:00 p.m.;  restrictions within the timber harvest plan; and  reference.    Sheubrooks Tax Map 52 Parcel 29 p.7  Conditional Use - Commercial Forestry Operation  ORDER  For the reasons set forth in the foregoing Opinion, itis this 12th day of August, 2024, ordered that the conditional use approval requested for Larry A. Sheubrooks and Jason L Sheubrooks, in Case No. BOA-24-03-0172, be granted, subject to the conditions set forth in the  Opinion.  EhCnela Howard A. Dean, Chairman  CWML Craig W. McGinnes, Vice-Chairman  Michael A. Lesniowski, Member    Sheubrooks Tax Map 52 Parcel 29 p.8  Conditional Use - Commercial Forestry Operation  State of] Maryland, County of Queen Anne's:  IHEREBY CERTIFY that the foregoing is a true and correct copy oft the Opinion and Order of the Board of Appeals of Queen Anne's County in Case No. BOA-24-03-0172. for Larry A. Sheubrooks and Jason L. Sheubrooks, which Opinion and Order resulted from a public hearing conducted by the Board of Appeals on June 18, 2024 and that the minutes and a recording of the June 18, 2024 meeting are filed in the office of Board of Appeals.  Certified this 12th day of August, 2024 by:  Cctrluy haalh Cathy Maxwell Clerk to the Board of Appeals