Board approves after‑the‑fact variances for Pier 450 restaurant at Smith Creek Marina with mitigation and bonded planting plan

The St. Mary’s County Board of Appeals on March 17 granted after‑the‑fact variances for Smith Creek Marine LLC (operating as Pier 450) that allow a ground‑level outdoor dining deck and a service area/bar within the expanded critical‑area buffer at Ridge, conditioned on an approved and bonded buffer management and mitigation plan.

Why it matters: The restaurant and related outdoor features are accessory uses to an existing marina and motel on a 2.05‑acre parcel that lies largely inside an expanded critical‑area buffer (expanded to 300 feet in places because of hydric soils). The business owner told the board the outdoor deck sits on an existing concrete pad and the outdoor bar was built on a pre‑existing block foundation that had held fueling tanks; the owner also removed the fuel tanks and submitted a buffer management plan that is approved and bonded prior to the hearing.

What the board heard: Owner Peggy Venzl (presenting as Pier 450) described investments to restore the long‑standing waterfront site, including removal of former fuel tanks, removal of more than 5,000 square feet of gravel parking, extensive native plantings in the buffer, and work on a new off‑site septic system using BAT technology. Venzl said she relied on county processes but acknowledged the outdoor infrastructure should have been permitted in advance: “I erred in assuming we could get an after the fact permit, and we should have asked for a permit in advance,” she told the board.

Staff and applicant materials: Land surveyor Steve Vaughn and attorney Chris Longmore presented site plans and photos showing the outdoor dining deck (29 by 20 feet) and an 18 by 15 foot outdoor service/bar area constructed over an existing concrete/block pad. Vaughn said roughly two‑thirds of the deck area sits over existing concrete, and that the applicant removed approximately 5,077 square feet of gravel parking and replaced parts of the site with planting beds and grass. The county packet cites COMAR mitigation guidance and the Critical Area Commission’s standards; after‑the‑fact mitigation in the expanded buffer is subject to a higher mitigation ratio (transcript and staff packet reference a 4:1 or a 2:1 element for expanded buffer disturbances under COMAR/Commission guidance).

Public comment: The hearing drew multiple public supporters: local business and tourism representatives and boaters described Pier 450 as a community asset and emphasized the owner’s restoration work and investments. Visit St. Mary’s Executive Director Barbara Sapato and multiple longtime residents testified in favor; a petition with signatures in support was submitted into the record.

Board finding and conditions: The board voted to approve the after‑the‑fact variances (VAAP‑19‑131019) with required mitigation and a bonded buffer management plan that has been approved by Land Use & Growth Management. The transcript records board discussion emphasizing the removal of fuel tanks and a net reduction in impervious surface following removal of gravel parking. Staff confirmed the mitigation plan had been approved and bonded before the hearing and that the applicant has paid fines associated with the after‑the‑fact process.

Next steps: Staff will prepare a written order reflecting the board’s decision and mail a signed copy; the order will contain appeal information. The applicant is responsible for implementing the buffer management plan and any bonded mitigation if work remains outstanding.

Ending: The board noted the value of waterfront businesses to the county’s tourism objectives while reminding applicants to secure necessary permits in advance; staff and applicants agreed the bonded mitigation will address water‑quality protections.