Zoning board approves mixed variances, denies several requests in critical-area case

The St. Mary’s County Zoning Board of Appeals on March 24 adopted a written order in the long-running variance matter involving Joseph M. Lynch and Messalyn Lopez Estrada, granting several variance requests tied to reconstruction and stormwater work while denying others related to accessory structures and an outdoor bathing facility.

The board’s order, read into the record and adopted after review of a draft findings-of-fact document, said variances to reconstruct the existing single-family dwelling, to construct an attached deck in the buffer, to replace the existing septic system with a nitrogen-reduction tank, to install a second septic tank and a third drain field in the buffer were granted subject to conditions. The order also granted a variance to construct an attached portico in the buffer and to install a stormwater-management pond and associated structures, contingent on a revised site plan and approval of the stormwater installation by the St. Mary’s County Department of Public Works and the St. Mary’s Soil Conservation District.

Why it matters: the property had previously been the subject of after-the-fact permit and buffer-disturbance scrutiny; the board’s written order both imposes mitigation conditions and denies several requested structures, shaping what may be built on a shoreline property regulated by the county’s critical-area provisions.

Key elements of the order include a requirement that the applicant comply with a critical-area planning agreement and an approved buffer management plan, and operational conditions such as the installation of a trap door in a shed to allow periodic cleanout of a sediment basin and drilling three half-inch holes in pavers to provide drainage to an underlying sand bed. The order also denied variances for construction of a detached garage, a detached deck and an outdoor bath facility (shower/toilet) in the buffer. Separately, the board required the removal of a privacy fence, shower head and plumbing tied to an existing shower when it found the variance requested for that particular shower structure had not met the ordinance standards.

The board formally adopted the draft findings and the order after a motion to accept the draft as binding and a subsequent motion to accept and record the votes on the order. The chair called for adoption and said, “All in favor of the motion say, ‘Aye,’” after which the board voiced its assent and staff said an order reflecting the board’s decision would be prepared and signed by the board.

Next steps: the order will be signed by the board and a 30-day appeal period follows from the date the order is signed, during which an aggrieved party may appeal to the circuit court. Staff said it will mail a copy of the signed order when available.

Context: board members and staff discussed that mitigation and planting requirements tied to after-the-fact violations remain applicable and that an approved buffer management plan and critical-area planning agreement must be in place before some work can proceed.