[{"_1":2,"_122":-5,"_123":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,74,86,98,110],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":44,"_46":47,"_48":49,"_50":51,"_52":53,"_54":55,"_56":57,"_58":59,"_60":61,"_62":63,"_64":65,"_66":67,"_68":69,"_70":67,"_71":72,"_73":72},"mediaId",6351771,"mediaKeyId","2226779-dbb9e7d5f1e2238f3d24fd9350313d41","parentId",2226779,"title","Circuit court reverses Board of Appeals on FDR Boulevard mapping; county to consider next steps","audioSeconds",0,"startMs",4091000,"endMs","viewUrl","/Search/View?dp=1&key=2226779-dbb9e7d5f1e2238f3d24fd9350313d41&start=4091&end=4091","thumbnailUrl","https://assets.pipeline.soar.com/2226779-dbb9e7d5f1e2238f3d24fd9350313d41/thumbnail_4091000.jpg","articleUrl","/articles/6351771/St-Marys-County/Maryland/Circuit-court-reverses-Board-of-Appeals-on-FDR-Boulevard-mapping-county-to-consider-next-steps","mediaUrl","https://secure.pipeline.soar.com/6351771-56a09b6d357b06dd3a9b4b787fb93f45/orig.mp4?Expires=1773655806&Signature=V5xW1~s4pBStVo3OeaGsxH3gX8g~J7y~uYdAh-uVnr~ww7SABo3UsySn0ednllCWlOv7TZ5SlDajrTJ1gwYbSHty6~r1nHLyOv2RVZkvS~n73WVCg065mEbrEmGPqSHpoH10e-fQ0VNvh5te4DoyIf1fQ29SodNkfEnWQA-vYMoFCJXHrHq1oW3EDGenkr0iLAj42wAUN2vx7i~g1nmP6XWU3IOluPSDxtBt4yQlIs847nTbXaeGuTOqvM6~yJeDLqDlwgf1grkUsLnP3i-m-C1wkIW-JihvEgUttH7U1mvB3POOZyw3WX23~4gIN7PGAKQiABB-TuafMbjmFv6kXA__&Key-Pair-Id=KUT5TJCACFTXG","author","St. Mary's County, MD","date","2025-02-05T19:03:18Z","article","County legal counsel George Sparling briefed the Board of Appeals on a circuit court opinion issued Sept. 5 that reversed the board’s prior ruling on an FDR Boulevard-related site-plan dispute.

Sparling summarized the court’s holding: because the 2006 transportation plan referenced FDR Boulevard with only a preliminary alignment, the court concluded the plan “as a matter of law could not have been inconsistent with the petitioner’s concept site plan.” The court described the future alignment as “unlimited as to scope and indefinite as to duration,” and said that reserving or restricting private property in anticipation of a future right-of-way requires a more definite location and a fixed period of reservation. The court cited Article 66B, section 6.01, as requiring local legislative bodies to fix the period for which a street location shown on a plat is to be reserved.

Sparling told the board the circuit court reversed the board’s order and remanded the matter for further proceedings consistent with the opinion. He said the court did not decide whether other grounds might exist to deny the petitioner’s concept site plan; the court limited its holding to the inconsistency argument tied to the transportation plan.

Sparling said county attorneys had discussed next steps with the applicant’s counsel and that an appeal to the Court of Special Appeals remained possible; the county had until October to file that appeal. He also warned the board that the remand could raise procedural questions—whether the board should act on the site plan itself or refer it back to the Planning Commission for further proceedings—and that further legal briefing from the parties would likely be needed before the board acts.

The county attorney’s synopsis indicates the court’s opinion could affect how the county reserves right-of-way locations in long-range transportation planning and the level of detail or duration required to use a plan as a basis to restrict private development.

Sparling advised the board he would not discuss private settlement discussions but expected the parties’ attorneys to present legal arguments about the scope of further proceedings when the matter returns to the board.","mediaType","Video","parentTitle","9/25/2008 St. Mary's County Zoning Board of Appeals","oneSentenceSummary","County counsel told the Board of Appeals a circuit court reversed the board’s earlier decision on whether a 2006 transportation plan reference to FDR Boulevard was sufficiently definite to be inconsistent with a petitioner’s concept site plan; the court emphasized that a reservation must have a narrow scope and fixed duration.","taxTitle","St. Mary's County, Maryland","taxId",51086,"location","headline","","shortSummary",{"_33":75,"_35":36,"_37":38,"_39":76,"_41":77,"_43":78,"_45":79,"_46":80,"_48":81,"_50":82,"_52":83,"_54":55,"_56":57,"_58":84,"_60":61,"_62":63,"_64":85,"_66":67,"_68":69,"_70":67,"_71":72,"_73":72},6351776,"Board continues Jacob Fisher surface-mine conditional use and variance to Oct. 23 for exhibit updates",955,3123000,4078000,"/Search/View?dp=1&key=2226779-dbb9e7d5f1e2238f3d24fd9350313d41&start=3123&end=4078","https://assets.pipeline.soar.com/2226779-dbb9e7d5f1e2238f3d24fd9350313d41/thumbnail_3123000.jpg","/articles/6351776/St-Marys-County/Maryland/Board-continues-Jacob-Fisher-surface-mine-conditional-use-and-variance-to-Oct-23-for-exhibit-updates","https://secure.pipeline.soar.com/6351776-c2de48735073781dd36d9b0eb67edfdb/orig.mp4?Expires=1773655806&Signature=KWVPp8mwLv4c7rtrnxuetrnz5geERe03rQM8dDopREBs4~g57QUOTvC1T0jmnBlwQAS~4tKty9rFqxkvq6f8A96eZrnMCBjC8XwVeycqcqKlnGCHD1LvO90EqAXpYlDoBckgZA9k7A7CuX9Cv2yuSZHhVDy7YPkQUaB9auylkTYIcD15J7V6ke0rk4xMblaAXpkoS9GgvzJYRsDrb2p76WBIbdXOlQAeu-aCsEfp5kJE2owMBWeYz1rkut-0Hu5hSX5qxe-w1yIWkOXJauL-JUuJz~au0-w7PADpTOpblFYMfrv7NQB65etId6Em6pnZRZetLgfrduL7EifZczZUyA__&Key-Pair-Id=KUT5TJCACFTXG","The St. Mary’s County Board of Appeals continued two related applications for a proposed surface-mining operation on property owned by Jacob Fisher to Oct. 23 to allow the applicant to submit clearer exhibits and an aerial photograph.

The applications are (1) a conditional-use request under chapter 25 of the county’s Comprehensive Zoning Ordinance to allow an extractive industry involving more than five acres of mining, and (2) a variance from section 51.3 0.80 of the county’s planning/ordinance provisions to reduce the 200-foot setback from an external property line for the proposed mine area. The subject property is approximately 110 acres; the proposed mining area was described as about 15.6 acres.

Jerry Soderberg, representing D. H. Stephens Company for the applicant, described access from existing driveways and the mining layout in general terms but the exhibit materials in the board packet did not clearly show the proposed pit location. Board members and staff said they could not determine the exact location of the mining area from the materials provided; the record showed that posting of the property was not fully evident at the locations some board members inspected.

Because the board needed a clear record of the proposed mining footprint and access, members voted to continue the hearings to Oct. 23, 2008. The board requested that the applicant submit a complete, accurate set of exhibits including aerial photographs and clearer site markings to show where the mining would occur and the intended access route. The continuation will allow DPW and other county reviewers to examine more precise materials before the board accepts testimony and moves toward a decision.

Board members noted that October 23 appeared to provide sufficient time for the applicant to supply the additional documentation. The board also asked that, where possible, any exhibits be distributed to board members in advance of the continued hearing.","The Board of Appeals continued both the conditional-use and variance requests for the Jacob Fisher surface mine to Oct. 23, directing the applicant to submit accurate exhibits, aerial photos and clearer location markers for the proposed mining area.",{"_33":87,"_35":36,"_37":38,"_39":88,"_41":89,"_43":90,"_45":91,"_46":92,"_48":93,"_50":94,"_52":95,"_54":55,"_56":57,"_58":96,"_60":61,"_62":63,"_64":97,"_66":67,"_68":69,"_70":67,"_71":72,"_73":72},6351781,"Board approves garage variance for Nally Road property despite Critical Area Commission opposition",729,2513000,3242000,"/Search/View?dp=1&key=2226779-dbb9e7d5f1e2238f3d24fd9350313d41&start=2513&end=3242","https://assets.pipeline.soar.com/2226779-dbb9e7d5f1e2238f3d24fd9350313d41/thumbnail_2513000.jpg","/articles/6351781/St-Marys-County/Maryland/Board-approves-garage-variance-for-Nally-Road-property-despite-Critical-Area-Commission-opposition","https://secure.pipeline.soar.com/6351781-feecb1f90943fdc3a0aaeddd46f48019/orig.mp4?Expires=1773655806&Signature=hiP6j6kCce2LOlY4QHJ1aiNudjqxF4TGYtuhw0wdl5DHJVu8hXhhXWW5uG4sUROqTi9arOqo2fgtqUOyM-Us8yOY-esLXkVRQsLeQE4LaqX67jflABzc1pr~16uDVelAdKoxpu8YPL2Bn3pzWdnwZ58Aj9ThaH3t3HEdsFr3vfyJI-~1RC5~kx~V0pMgodjNLjC7RjL1U6GeI3ryhQ~oYWVUXZbPL3-uK3I-yi5ofTkEekxKkXUwFW2MZwC6IO8BDVqYgy7-Pbs7-ZcwQOFsWxvqdnI68CKpS5818NEyWHq--ytPy30nR4m5B6RTARLRDAPdDE8w3ZJG1FgCOqAmQQ__&Key-Pair-Id=KUT5TJCACFTXG","The St. Mary’s County Board of Appeals voted on Sept. 25 to grant a variance under section 71.8.3 of the county’s Comprehensive Zoning Ordinance to allow clearing and construction of a detached garage at 45105 Nally Road in Hollywood.

Staff reported the 2-acre lot is largely wooded and constrained by the expanded critical-area buffer because of steep slopes and hydric soils. The applicant, Thomas (surname transcribed as Schulman/Schuhl), proposed locating a single-story detached garage with a small workshop near the existing driveway to minimize impacts and place the structure as far from the water as practicable.

Staff recommended approval with conditions, noting the Health Department and Soil Conservation District had approved the technical aspects and that the applicant proposed a relatively small footprint. The Critical Area Commission opposed the variance, stating that the applicant had not demonstrated an unwarranted hardship. Staff said the applicant would be required to plant mitigation at a 3:1 ratio for vegetation cleared in the buffer and that silt fences and other soil-conservation measures would be required during construction.

After accepting the staff report of findings, the board moved to approve the variance, making the finding that the standards for granting a critical-area variance and the objectives of section 24.4 of the St. Mary’s County Comprehensive Zoning Ordinance had been met and that the applicant had overcome the presumption that the proposed activity did not conform with the critical-area law. The board instructed staff to prepare an order reflecting the decision; the order will be signed and mailed to the applicant, and a 30-day appeal period follows the signed order.

No members of the public testified for or against the application during the hearing. The board’s approval includes the standard construction-season soil controls already required by the Soil Conservation District and the staff requirement for mitigation plantings.","The Board of Appeals granted a variance to allow clearing and new impervious surface in the critical-area buffer for a detached garage at 45105 Nally Road, finding the applicant met hardship standards; staff required mitigation and silt-control measures.",{"_33":99,"_35":36,"_37":38,"_39":100,"_41":101,"_43":102,"_45":103,"_46":104,"_48":105,"_50":106,"_52":107,"_54":55,"_56":57,"_58":108,"_60":61,"_62":63,"_64":109,"_66":67,"_68":69,"_70":67,"_71":72,"_73":72},6351786,"Board continues Cat Creek steep-slope variance to Nov. 20, asks for geotechnical and agency reviews",2149,411000,2560000,"/Search/View?dp=1&key=2226779-dbb9e7d5f1e2238f3d24fd9350313d41&start=411&end=2560","https://assets.pipeline.soar.com/2226779-dbb9e7d5f1e2238f3d24fd9350313d41/thumbnail_411000.jpg","/articles/6351786/St-Marys-County/Maryland/Board-continues-Cat-Creek-steep-slope-variance-to-Nov-20-asks-for-geotechnical-and-agency-reviews","https://secure.pipeline.soar.com/6351786-68e4c38faaeb6c18d350f2947d816e1c/orig.mp4?Expires=1773655806&Signature=nzFKngA4lXxJZi1HQcaerku2xxosUj9PeQphOKOju~vR0iR-CLHmTQgzB~KFVuIXN8y3VRoV~R6UQOUC4gkWoYhQ-KZYlIzvJDWTvB~uD9goA1qAW0OcxOUo18fdpBFpn1jwNvjaeKqNflEvB508Ip-DmSSGCRjaOXrNtEjKAsQfSRGAFpQvZ9i3cQVd0fZidzkS5zFeUGO-OoJ7KnkHWXbLApsY0ybnmAYfAaOGbvujWX9DDsSmJByO82S2ySlCwSkLu98S-~rwX4OZJ-QfiqPtn-dnoSq-daOdM6mm5qBHWZZ5s2I239H3BWXrOiUUlpXji6S1jkSiV9KphUL0bg__&Key-Pair-Id=KUT5TJCACFTXG","The St. Mary’s County Board of Appeals on Sept. 25 continued a variance request for a property at 27215 Cat Creek Road in Mechanicsville so the applicant can provide a geotechnical study and county agencies can inspect the site.

The applicant, represented by an engineer who identified himself as Mr. Higgs, and property owner Golden West Construction are seeking variances to disturb steep slopes (section 71.7 of the St. Mary’s County Comprehensive Zoning Ordinance) and to place impervious surface in the expanded critical-area buffer (section 71.8.0.3) to allow construction of a single-family dwelling, driveway, septic and well on a recorded, grandfathered lot.

Staff described the property as a 1.93-acre recorded lot in the Riverwood Farms subdivision (Sixth Election District) constrained by steep slopes, erodible soils, floodplain and a stream on Cat Creek. Staff reported the proposed impervious surface (house, driveway and walks) totals about 2,809 square feet; the total disturbed area for construction was estimated at about 11,000 square feet. The buildable area was calculated after subtracting 4,328 square feet of mapped wetlands; the lot’s 15% lot-coverage limit (10,655 square feet) was not exceeded.

Staff recommended conditional approval because without the variance the recorded lot could not be developed. Recommended conditions included submission of a geotechnical study for Department of Public Works review, adherence to a Critical Area planting agreement (or payment of fees if mitigation cannot be achieved onsite), preference for pervious pavement for the driveway and pervious or mulched walkways, and contact with the Maryland Department of Natural Resources if forest-interior dwelling species (FIDS) habitat is present.

Board members raised concerns about site stability, runoff and the extent of grading. Mr. Higgs told the board the plan calls for cutting a crown from the top of the hill—no engineered fill—and that grading would extend roughly 130 feet back to accommodate the house and septic. He also said dry wells were proposed and the applicant would obtain an engineered erosion-control plan.

Given board concern about slope stability and stormwater, the board voted to continue the case to a date certain—Nov. 20, 2008—to allow the applicant to hire a geotechnical engineer, obtain DPW review, and arrange a site visit and input from the Critical Area Commission. The board accepted the staff report of findings before continuing the case. The continuation was made to a date certain to avoid re-advertising; the applicant was cautioned that if materials are not ready by Nov. 20 the hearing could be continued again.

The board recorded the continued date and listed follow-ups: geotechnical report, DPW engineering comments, Critical Area Commission site review, and a final planting/mitigation plan if the variance is later approved.","A variance request for a 1.93-acre lot on Cat Creek Road in Mechanicsville was continued to Nov. 20 to allow geotechnical testing, Department of Public Works review and a Critical Area Commission site visit; staff had recommended conditional approval with mitigation and geotech requirements.",{"_33":111,"_35":36,"_37":38,"_39":112,"_41":113,"_43":114,"_45":115,"_46":116,"_48":117,"_50":118,"_52":119,"_54":55,"_56":57,"_58":120,"_60":61,"_62":63,"_64":121,"_66":67,"_68":69,"_70":67,"_71":72,"_73":72},6351791,"Board of Appeals approves Toyota of Southern Maryland buffer variance with planting condition",380,69000,449000,"/Search/View?dp=1&key=2226779-dbb9e7d5f1e2238f3d24fd9350313d41&start=69&end=449","https://assets.pipeline.soar.com/2226779-dbb9e7d5f1e2238f3d24fd9350313d41/thumbnail_69000.jpg","/articles/6351791/St-Marys-County/Maryland/Board-of-Appeals-approves-Toyota-of-Southern-Maryland-buffer-variance-with-planting-condition","https://secure.pipeline.soar.com/6351791-5bc65e4824b447195cd4497a4112bbe6/orig.mp4?Expires=1773655806&Signature=G2tesqF0uOwrMHAFO~WmhwqqCy4tSYAp5g7GfEFxMdRxj~dYicGC50qa-Btk3IecCYjGCxpFOz4GGBQ3D1zBAyv1cRK5EGkuXBJEPfWHFhzfIlHoe9ydBA6btI9GSJVI9CeGIzcs-2MA4TyvOfueFMl49AOomfdRypqBhgkzqU23ZD9lk7lTZ1MrNwTxRpNtA6YAVGjQMlW95ABR5Jt9skw93R0DgyaoErkVr-SLa3UFDH2v9o3dzMXLiz8337tDGw63JXtBeZfZMR67l2ZhvXTjRK0iskgwcKejLAwWAtOhWlj~pQpckZ-e5IvapPGkT2CCJXlsCKxzi1zoF0fTlA__&Key-Pair-Id=KUT5TJCACFTXG","The St. Mary’s County Board of Appeals on Sept. 25 unanimously approved a variance request by Toyota of Southern Maryland to eliminate a required six-foot berm in a critical-area buffer, subject to a planting plan and screening conditions.

The board found that the standards for granting a variance and the objectives of section 63.4 of the St. Mary’s County Comprehensive Zoning Ordinance had been met. Gertrude Veronica Neal, a board member, moved to approve the variance; George Edmonds seconded the motion. The board voted unanimously in favor.

The approval requires the applicant to submit a planting plan to the Department of Land Use and Growth Management showing native species and a combination of trees and shrubs sufficient to screen the first row of cars adjacent to the buffer yard. The planting plan must be reviewed and approved by the department.

Board members and staff noted the procedural steps: the board accepted the staff report of findings of fact before voting, and staff will prepare an order reflecting the board’s decision. The order will be prepared and signed within 60 days; a 30-day appeal period to circuit court follows the date the order is signed. Any action taken before the order is final would be at the applicant’s risk, and the county will mail a copy of the signed order to the applicant.

The motion as read on the record cited the ordinance and imposed the planting- and screening-related condition. No additional public testimony was taken at the Sept. 25 session because this matter was continued from a prior hearing and the board indicated it would rely on the revised staff report and the record.","The St. Mary's County Board of Appeals unanimously approved a variance allowing Toyota of Southern Maryland to omit a six-foot berm in a required buffer, conditioning approval on a planting plan and screening of the first row of cars.","actionData","errors"]

Article not found

Circuit court reverses Board of Appeals on FDR Boulevard mapping; county to consider next steps

Board continues Jacob Fisher surface-mine conditional use and variance to Oct. 23 for exhibit updates

Board approves garage variance for Nally Road property despite Critical Area Commission opposition

Board continues Cat Creek steep-slope variance to Nov. 20, asks for geotechnical and agency reviews

Board of Appeals approves Toyota of Southern Maryland buffer variance with planting condition