Board approves exception for new single-family house and deck at 131 Brookhaven Drive

The James City County Chesapeake Bay Board voted 5-0 on Feb. 12 to grant an exception for construction of a single-family dwelling with an attached deck at 131 Brookhaven Drive in the Mill Creek watershed.

Emily Grojean, watershed planner, told the board the parcel is 0.46 acres and 98% of it is located within the RPA. She said the proposal would result in 1,409 square feet of administrative impacts to the landward 50-foot RPA and 1,753 square feet of legislative impacts to the seaward 50-foot RPA — 3,162 square feet total. Grojean said required mitigation equaled eight planting units (eight canopy trees, 16 understory trees and 24 shrubs) and that the applicant’s mitigation plan proposes eight canopy trees, 16 understory trees and 33 shrubs, “thus exceeding the county's mitigation requirements.”

Grojean summarized staff-recommended conditions if the board approved the exception: obtain all required federal, state and local permits; submit a surety of $5,250 acceptable to the County Attorney’s Office to guarantee the mitigation; record an affidavit in the Williamsburg–James City County Courthouse prior to issuance of a building permit; install a six-foot chain-link fence along the limits of disturbance adjacent to the wetland system prior to construction; and begin construction by Feb. 12, 2026 unless an extension request is submitted by Jan. 1, 2026.

Board members asked whether Brookhaven subdivision has a minimum house square-footage requirement for consistency. Grojean said she was not aware of a minimum and deferred to the applicant. After discussion concluding the house appears reasonable in size for the lot and noting the proposed mitigation, a board member moved to adopt the resolution granting the exception; the motion passed 5-0.