Chesapeake Bay Board leaves public hearing open for 108 Colonel Philip Johnson after elevation and setback questions

The James City County Chesapeake Bay Board on Feb. 12 left the public hearing open and deferred action on an exception request for a single-family dwelling at 108 Colonel Philip Johnson in the Kingsmill subdivision.

Emily Grojean, watershed planner, presented the case and said the 0.55-acre parcel is about 95% within the RPA and that the proposal would create 4,035 square feet of impacts to the RPA (3,307 square feet administrative impacts to the landward 50 and 728 square feet legislative impacts to the seaward 50). Grojean listed staff’s recommended conditions, including a mitigation surety of $5,500 for 10 canopy trees, 21 understory trees and 42 shrubs, a required recorded affidavit, and written approval from the Kingsmill Community Services Association for siting that crosses the building setback line prior to building permit issuance.

During discussion board members raised an apparent error in the plan listing the first-floor elevation as 58.57 (board members suggested this was likely a typographical error and perhaps should be 28.57). One board member said that, while the bulk of the impacts are administratively approved, the legislative seaward 50-foot impacts require board action and that the applicant could possibly reduce house size to relocate the structure outside the legislative RPA if appropriate. Mike Wilson, Section Chief, told the board staff would consult with the County Attorney’s Office and could coordinate with the applicant to return at the March meeting.

The chair asked whether the board wished to vote that evening or leave the public hearing open; the board elected to leave the public hearing open for another month so staff can confer with the applicant. No vote on the exception was taken at the Feb. 12 meeting.