BZA grants critical‑area variance for Gray Fox Lane waterfront lot; 3:1 buffer mitigation required
Summary
The board approved a variance allowing a modest single‑family dwelling and driveway at 8718 Gray Fox Lane (Lot 206), finding the parcel largely consumed by the Atlantic Coastal Bays critical‑area buffer and requiring 3:1 mitigation plantings and stormwater/best‑available technology septic systems.
The Worcester County Board of Zoning Appeals on Sept. 11 granted a variance to allow construction of a modest single‑family dwelling and associated driveway at 8718 Gray Fox Lane (Tax Map 33, Parcel 206), a waterfront lot where the critical‑area 100‑foot buffer covers most of the parcel.
Applicant representatives and expert witnesses told the board the lot was platted before the county’s Atlantic Coastal Bays critical‑area program took effect and that, as a result, there is effectively no buildable envelope without variance relief. The applicant revised plans to reduce the house footprint, eliminate a proposed 600‑square‑foot garage and minimize clearing; the revised impervious coverage totals roughly 11.3 percent, under the county’s allowable limit for the property’s limited development area designation.
Surveyor George Young (testifying as an expert witness) and natural‑resource consultant David McCabe described site constraints including a narrow lot, a dock and a large septic reserve area. McCabe said the applicant reduced the house footprint to limit clearing and will implement a buffer mitigation plan with a 3:1 planting ratio, and will employ stormwater controls and a best‑available‑technology nutrient‑removal septic system.
“You’ve minimized the amount of clearing that’s necessary,” McCabe testified, and said the mitigation plan will use a mix of native shrubs and trees to improve habitat. Board members asked about FIDS (forest interior dwelling species) habitat and SAV/sea‑grass impacts; witnesses said the buffer plantings and erosion controls were designed to improve habitat and avoid impacts to existing underwater grasses.
The board voted to approve the requested variances; the record shows a motion carried without opposition. The approval requires the applicant to complete mitigation plantings, obtain required permits for septic and stormwater management, and comply with county environmental review steps before building permits are issued.
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