WORCESTER COUNTY BOARD OF ZONING APPEALS MINUTES September 12, 2024 The Worcester County Board of Zoning Appeals met on the above date in the Board Room (Room 1102)on the first floorofthe Worcester County Government Center, One West Market Street, Snow Hill, Maryland. Members present were: Robert Purcell, Thomas Babcock, Lisa Bowen, Beth Gismondi, Don Furbay and Larry Fykes. Also in attendance were. Kristen Tremblay, Zoning Administrator, Cathy Zirkle, DRP Customer Service Manager, Joy Birch, Natural Resource Planner, Valerie Dawson, Court Reporter and David Gaskill, Board Attorney. The public hearing commenced at 6:30 PM on Case No. 24-60, on the lands of Jeremy Ayars, requesting a variance tot thei front yard setback from 501 feet from the center of the road right-of-way to 38 feet (to encroach 12 feet) for a proposed single family dwelling in the R-4 General Residential District, pursuant to Zoning Code $S ZS 1- 116(c)(4), ZS 1-208(b)(2) and ZS 1-305, located at 11812 Steam Mill Hill Road, Tax Map 13, Parcel 64, Tax District 3, Worcester County, Maryland. Kristen Tremblay read the application. The Applicant did not appear at the scheduled hearing time of 6:30 PM. Following discussion, it was moved by Ms. Gismondi, seconded by Mr. Furbay, and carried unanimously, to postpone this case to the end of the meeting after all other cases had been heard in order to give the Applicant an opportunity to appear. After all cases were heard and the Applicant still had not appeared, it was moved by Mr. Babcock, seconded by Ms. Gismondi and carried unanimously toj postpone the hearing to October. Thej public hearing commenced at 6:35) PM on Case No. 24-56, on the lands ofthe Kaeleigh Naughton Irrevocable Trust, requesting a special exception to allow construction ofas single family dwelling in the RP Resource Protection District, pursuant to Zoning Code $S ZS 1-116(c)(3), ZS 1-215(c)(1), and ZS 1-305, located on Bunting Road about 522 feet east of'Turtle Mill Road, Tax Map 15, Parcel 92, Lot 1, Tax District 5, Worcester County, Maryland. Kristen Tremblay read the application. Appearing as witnesses and providing testimony were Jeremiah Paine, owner, and Chris Carbaugh, builder. There were no protestants. Following the discussion, it was moved by Ms. Gismondi, seconded by Mr. Fykes and carried unanimously to grant the special exception as requested. The hearing ended at 6:43 PM. Thej public hearing commenced at 6:44. PM on Case No. 24-54, on thel lands ofPaul D. Weiger, requesting an after the fact variance to the right side yard setback from 61 feet to 0.2 feet (encroaches 5.8 feet) for an existing shed in the R-2 Suburban Residential District, pursuant to Zoning Code $8 ZS 1-116(c)(4), ZS 1-206(b)(2) and ZS 1-305, located at 12353 Meadow Drive, Tax Map 33, Parcel 346, Lot 34, Tax District 10, Worcester County, Maryland. Kristen Tremblay read the application. Appearing as witness and providing testimony was. Dan Weiger. There were no protestants. Following the discussion, it was moved by Ms. Gismondi, seconded by Mr. Furbay and carried Board of Zoning Appeals September 12, 2024 2 unanimously to grant the variance as requested, with a Condition that the shed must be properly anchored and vented. The hearing ended at 6:51 PM. Thej public hearing commenced at 6:53 PM on Case No. 24-59, on thel lands of Gary Figallo & Anthony Palmisano, on the application of Kayla Short, requesting a variance to the side yard setbacks on Lot 74 & 75 from 6 feet to 0: feet for aj proposed shared dock with two boatlifts in the R-3 Multi-family Residential District, pursuant to Natural Resources Code $8 NR 2-102(e)(2), Zoning Code $8 ZS 1-116(n)(3), ZS 1-207(d)(6), and ZS 1-335, located at 34 & 42 Wood Duck Drive, Tax Map 21, Parcel 260, Section 14D, Lots 74 &7 75, Tax District 3, Worcester County, Maryland. Kristen Tremblay read the application. Appearing as witnesses and providing testimony were Kayla Short and Gary Figallo. There were no protestants. Following the discussion, it was moved by Ms. Gismondi, seconded by Ms. Bowen and carried unanimously to grant the variances as requested, with a Condition that a survey for the piling only be submitted prior to final approval and that a shared dock agreement be recorded. The hearing ended at 7:01 PM. The public hearing commenced at 7:02 PM on Case No. 24-55, on the lands of Dereck Boone, on the application of Gil Fleming, requesting an after the fact variance to a rear yard setback from 5 feet to 4.7 feet (encroaches 0.3 feet) for an existing manufactured home in a Campground Subdivision pursuant to Zoning Code $8 ZS 1- 116(c)(4), ZS 1-305, and ZS 1-318, located at 221 Timberline Circle, Tax Map 16, Parcel 90, Lot 221, Tax District 3, Worcester County, Maryland. Kristen Tremblay read the application. Appearing as witnesses and providing testimony were Gil Fleming and Dereck Boone. There were no protestants. Following the discussion, it was moved by Mr. Babcock, seconded by Mr. Furbay and carried unanimously to grant the variance as requested. The hearing ended at 7:06 PM. The public hearing commenced at 7:07 PM on Case No. 24-58, on the lands of Eric Glaeser, Sr., on the application of Kristina Watkowski, requesting an after the fact variance to a rear yard setback from 50 feet to 34.1 feet (encroaches 15.9 feet) for an existing open deck and steps, in the R-1 Rural Residential District, pursuant to Zoning Code $S ZS 1-116(c)(4), ZS 1-205(b)(2) and ZS 1-305, located at 11302 Marie Drive, Tax Map 10, Parcel 181, Lot 4, Tax District 5, Worcester County, Maryland. Kristen Tremblay read the application. Appearing as witnesses and providing testimony werel Eric Glaeser and Russell Hammond. There were no protestants. The following exhibits were submitted: Applicant's Exhibit No. 1 was a plat for Holiday Harbor designated as Plat No. 3; Applicant's Exhibit No. 2 was a 2006 property survey; Applicant's Exhibit No. 3 included two aerial photos oft the property; and Applicant's Exhibit No. 4 included three letters of support from neighbors. Following the discussion, it was moved by Ms. Gismondi, seconded by Mr. Fykes and carried unanimously to grant the variance as requested. The hearing ended at 7:21 PM. The public hearing commenced at 7:22 PM on Case No. 24-53, on the lands of Karen Odachowski, on the application of Kristina Watkowski, requesting a variance to reducet the Atlantic Coastal Bays Critical Areal buffer from 1001 feet to 48 feet (to encroach 52 feet), for a proposed deck and small pool, stairs with a landing and a walkway, Board of Zoning Appeals September 12, 2024 3 pursuant to Natural Resources SS 3-104(c)(4) and NR 3-111 and Zoning Code $8 ZS1 1- 116(m)(1), located at 12312 Pine Rest Drive, Tax Map 26, Parcel 444, Lot 16A, Tax District 10, Worcester County, Maryland. Kristen Tremblay read the application. Appearing as witnesses and providing testimony were Chris McCabe; Frank Lynch; Haskin Chester; Stephen Adkins; and Karen, Nicholas, Johnathan and Benjamin Odachowski. There were no protestants. The following exhibits were submitted: Applicant's Exhibit No. 1 was the Opinion for BZA Casel No. 20-32; Applicant's Exhibit No. 2 was a photo oftwo older houses in the area; Applicant's Exhibit No. 3 was aj photo oftwo newer houses in the area; Applicant's Exhibit No. 4 was an aerial photograph of the neighborhood; Applicant's Exhibit No. 5 was an aerial photograph of the neighborhood at the end of Pine Rest Drive; Applicant's Exhibit No. 6 was the Opinion for BZA Case No. 21-18; Applicant's Exhibit No. 7included five letters ofs support from neighbors; and Applicant's Exhibit No. 8 was a site plan of the adjoining property at 12316 Pine. Rest Drive. Following the discussion, it was moved by Mr. Furbay, seconded by Mr. Fykes and carried bya4-2 vote to grant the variance asi requested, witha a Condition that mitigation be increased to a 4:1 ratio, with Mr. Babcock and Ms. Bowen opposed. The hearing ended at 8:29 PM. The public hearing commenced at 8:30 PM on Case No. 24-57, on the lands of Angela Gould, on the application of Kristina Watkowski, requesting a variance to the rear yard setback from 30 feet to 19 feet (to encroach 11 feet) and a variance to the front yard setback from 50 feet to the center oft the road right-of-way to 45.1 feet (to encroach 4.9 feet) for an addition and an open deck in the R-2 Suburban Residential District, pursuant to Zoning Code $S ZS 1-116(c)(4), ZS 1-206(b)(2) and ZS 1-305, located at 12417 Meadow Drive, Tax Map 33, Parcel 346, Lot 42, Tax District 10, Worcester County, Maryland. Kristen Tremblay read the application. Appearing as witnesses and providing testimony were. Joe O'Boylea and) Frank Lynch. There were no protestants. The following exhibits were submitted: Applicant's Exhibit No. 1 was an aerial photo of the property and neighborhood; Applicant's Exhibit No. 2 was a plat of Snug Harbor; Applicant's Exhibit No. 3 was an aerial photo showing al larger area than Exhibit No. 1; Applicant's Exhibit No. 4 included four street-level photos of other houses in Snug Harbor; and Applicant's Exhibit No. 5 included three aerial photos of Snug Harbor. Following the discussion, it was moved by Mr. Fykes, seconded by Ms. Bowen and carried unanimously to grant the variance as requested. The hearing ended at 8:42 PM. With no further business before the Board, the meeting was adjourned at 8:451 PM. Cathy Zirkle Customer Service Manager 3