Zoning board dismisses appeals on Mill Cove Manor and Mill Cove Harbor water‑sewer amendments, directs cases back to Planning Commission

The St. Mary's County Zoning Board of Appeals voted on Aug. 27 to dismiss appeals filed by the applicants seeking review of Planning Commission action on proposed amendments to the county Comprehensive Water and Sewer Plan (CWSP) for two properties, Mill Cove Manor (Zoning application 200003) and Mill Cove Harbor (Zoning application 200004), and asked staff to return both matters to the Planning Commission for further processing.

The board’s dismissal followed oral argument from the county’s deputy attorney and counsel for the applicants on whether the Board of Appeals had jurisdiction to hear appeals that challenge the Planning Commission’s recommendation on CWSP amendments. “The motion to deny did not pass, and no other motion was made,” Deputy County Attorney David Weyskopf told the board, arguing there was no final decision from the Planning Commission for the Board of Appeals to review.

The applicants’ attorney, John Norris, countered that the Planning Commission’s action was a final, appealable determination. Norris said the projects had been mapped for future service in the 1993 CWSP and that, after extensive hearings, the Planning Commission voted on a motion to recommend denial that “did result in a 2 to 2 vote” (his filings and later remarks also referred to a 3–3 split). Norris cited Maryland case law that treats a tied vote as the functional denial of an application and said the tie should be treated as a final action that could be appealed.

The board’s legal adviser, Mr. Sparling, advised the board that its statutory authority is limited to appeals of administrative enforcement actions under Article 66B of the Maryland Annotated Code and that the Planning Commission’s advisory role on comprehensive plans differs from decisions made in enforcement contexts. “What we have here is a situation where the Planning Commission was acting in its advisory capacity,” Sparling said. He recommended dismissal on jurisdictional grounds and because he did not view the Planning Commission’s conduct that night as a final, appealable order.

After discussion among board members about whether the Planning Commission’s vote constituted a final recommendation and about options for the applicants, the board took a motion to dismiss the appeals. The motion covered both Mill Cove Manor (tax map 27, Block 24, Parcel 10; 12.88 acres) and Mill Cove Harbor (tax map 27, Lot 203, Parcel 2, out Parcel A; 10.4 acres). The board also recorded on the public record a recommendation that staff return the matters to the Planning Commission for further action and clarified that the order will be prepared and signed by the board within 60 days. The board’s order includes the standard 30‑day period following signature during which a party may appeal the board’s decision to the circuit court.

What happened at the Planning Commission: Counsel for the applicants told the board that the Planning Commission had conducted multiple public hearings, received public comment on a range of issues (some not strictly related to CWSP criteria), and then voted on a motion to recommend denial that did not receive the requisite affirmative vote. Counsel argued that Maryland precedent makes such a tie vote appealable. County counsel and the board’s legal adviser disputed that characterization, saying the Planning Commission was acting in an advisory capacity to the Board of County Commissioners and that the CWSP amendment process contemplates the Planning Commission making a recommendation that the commissioners ultimately consider.

Next steps: The board directed staff to prepare an order reflecting the board’s dismissal and the recommendation that the items be re‑noticed or otherwise processed by staff and the Planning Commission as appropriate. The order will be mailed to the parties; any appeal to the Circuit Court for St. Mary's County must be filed within the 30‑day statutory period after the board signs the order.

Votes at a glance

- Motion: “Dismiss the appeals of Mill Cove Manor (Zoning application 200003) and Mill Cove Harbor (Zoning application 200004).” Mover recorded as Mr. Evans; second recorded as Mr. Madinski. Vote recorded on the public record as all in favor (aye); individual roll‑call names were not read into the record. Outcome: dismissed; board also recommended returning the matters to the Planning Commission for further action.