Portsmouth planning commission approves Chesapeake Bay exception for Eagle Point property

On March 4, 2025, the Portsmouth Planning Commission voted 7-0 to approve CBE-25-01, a Chesapeake Bay exception request that authorizes a two-story rear addition, a wooden deck and a 14-by-28-foot in-ground swimming pool within the 100-foot resource protection area (RPA) at 5998 Eagle Point in the Hidden Cove neighborhood.

Staff recommended approval only for the addition and said it could not support locating the deck and pool inside the RPA. Valerie Malzone, senior planner for the city, told commissioners the proposed accessory structures "are not in harmony with the purpose and intent of the ordinance, and are not the minimum necessary to afford relief." Malzone said the proposal would add 1,298 square feet of new impervious surface within the RPA and would result in 1,895 square feet of land disturbance; the applicant proposed to mitigate disturbance by installing five planting units on the property.

Applicant Mark Gordon told the commission he and his family purchased the house in 2006 and described the project as intended to add living space and to accommodate future family needs. Gordon said he and his neighbors are "very conscious and deliberate towards our responsibilities in safeguarding the bay" and asked the commission to treat the deck as part of the living space. Engineer Eric Garner of WPL said the plan adds buffer restoration and perimeter plantings and that the project would be an improvement over the existing conditions around the current deck.

Why it matters: The property is about 0.6 acres; roughly 80% lies inside the RPA that extends from Hofer Creek. The city and state Chesapeake Bay rules limit development within the RPA to protect riparian buffer functions. Staff told commissioners that because the lot was recorded in 1997 (before later amendments), the house footprint historically sat closer to the buffer than newer lots, but changes to state and local rules since 2002 mean more projects now require an exception and public review.

Key facts and conditions cited in the hearing - Property: 5998 Eagle Point (Hidden Cove). Lot ~0.6 acres. Existing single-family home ~2,000 sq. ft., built 2002. - Proposed: two-story rear addition; wooden deck; 14 ft by 28 ft in-ground pool with concrete apron. - Impacts: proposed net increase of 1,298 sq. ft. impervious area inside the RPA; total proposed land disturbance within the RPA 1,895 sq. ft. - Mitigation proposed by applicant: five planting units; perimeter plantings around the new deck; potential best-management practices (BMPs) such as amended soil berms were discussed as additional mitigation options.

Staff perspective and commission questions: Malzone explained that the code gives greater latitude for principal-structure repairs and additions than for accessory structures; accessory structures (pools, decks) are weighed more strictly. Commissioners questioned whether alternative pool/deck siting or vegetated groundcover under the deck could reduce impacts. Malzone and the applicant discussed technical measures: sand/gravel sub-base under decks (the city favors sand/gravel rather than relying on groundcover because of maintenance concerns), perimeter plantings to treat runoff, and optional BMP approaches similar to a neighboring pool that was permitted administratively in 2006 before later ordinance amendments.

Outcome and next steps: After public comment closed and applicant responses, a motion to accept CBE-25-01 (including the addition, deck and pool) passed by an electronic vote of 7-0. The commission approved the request with the conditions and mitigation measures noted in the staff report and with the additional mitigation measures discussed during the hearing; the staff report had recommended approval for the addition only and recommended conditions intended to minimize water-quality impacts.

Context and precedent: Commissioners and the applicant noted a neighboring property with a pool that was permitted in 2006 under earlier rules; staff said the 2009 and later amendments to the Chesapeake Bay local ordinances required the exception process for projects such as this that would now increase impervious cover inside the RPA.

Votes at a glance - CBE-25-01 (5998 Eagle Point): Motion to accept the application as presented (addition, deck, pool) and approve with the staff-recommended conditions and discussed mitigation — Passed, 7-0.