James City County Chesapeake Bay Board approves a slate of Chesapeake Bay exception requests; most pass unanimously

The James City County Chesapeake Bay Board on Dec. 11 approved a sequence of exception requests to the county’s Chesapeake Bay preservation ordinance, clearing applications for sheds, decks, patios and several single‑family homes that would encroach into the Resource Protection Area (RPA).

Staff presentations identified required mitigation, surety and filing conditions for each application. Emily Grojean and Amanda Frazier, watershed planners for the county, told the board that each application met the ordinance conditions in sections 20‑3‑11 and 20‑3‑14 (or the comparable numbered sections cited in staff reports) and recommended approval with conditions tailored to the impact. “This application meets the ordinance conditions in sections 23‑11 and 23‑14 and should be heard by the Board,” a staff presenter said during multiple reviews.

Key items approved (motions and voice votes): - CBPA 20‑4‑122, 19 Windjammer Court — after‑the‑fact 120 sq ft shed; 75 sq ft RPA impact; mitigation doubled to 1 planting unit; $1,000 payment into the county mitigation fund required by 12/31/2024. Motion adopted 5–0. - CBPA 20‑4‑160, 136 Freshwater Bay — single‑family dwelling with deck; roughly 4,446 sq ft of RPA impacts; mitigation required and a $6,000 surety to the county attorney’s office; construction must begin by 12/11/2025 (extensions by 10/30/2025). Adopted 5–0. - CBPA 24‑0153, 105 Mercer — 80 sq ft deck; mitigation plan exceeded requirements; $4,125 surety. Adopted 5–0. - CBPA 24‑0128, 4376 Landfall Drive — patio and walkway within a natural open‑space easement; approval conditioned on recording a deed of exchange at the Williamsburg James City County Courthouse and $1,000 surety. Adopted 5–0. - CBPA 24‑0152, 223 Sherwood Forest — 112 sq ft shed; mitigation provided exceeds requirements; adopted 5–0. - CBPA 20‑4‑163, 223 St. Cuthbert — single‑family dwelling with attached deck; total ~3,855 sq ft of RPA impacts; applicant to submit $6,000 surety and $2,000 mitigation fund payment for remaining units, install a 6‑ft chain‑link fence along disturbance limits, and begin construction by 12/11/2025. Adopted 5–0. - CBPA 24‑0169, 109 Brandcaster — single‑family home and screened porch (case refiled after prior approval lapsed); $6,750 surety and planting requirements. Adopted 5–0. - CBPA 20‑4‑165, 141 Macaulay Road — two decks, patio and fire pit; proposed 702 sq ft accessory impacts; applicant provided mitigation exceeding requirements and a $4,500 surety. Adopted 5–0. - CBPA 24‑0164, 16 Whitaker’s Mill — deck with planned infiltration trenches as additional mitigation; board conditioned approval on a $3,000 surety, completion of two infiltration‑trench BMPs, and recording an affidavit at the Williamsburg courthouse. Adopted 5–0.

Public commenters raised site‑specific concerns at several hearings. Edwin Barnhart, a neighbor speaking about 136 Freshwater Bay, urged the board to preserve existing trees and screening: “Any so any tree that doesn't legally have to go, I'm asking that it would remain,” he said. Applicants and their consultants repeatedly cited downstream stormwater BMPs that will receive site run‑off and said mitigation planting plans would be implemented within the RPA where space allowed.

Board members framed approvals around the mitigation plans and limits of disturbance. Where impacts were judged minor or where applicants exceeded mitigation requirements, the board adopted staff recommendations without substantive amendments. Several approvals include deadlines (construction must begin by 12/11/2025 unless a timely extension is requested) and require surety deposits and recorded affidavits or deeds before permits or surety release.

The public hearings portion of the meeting concluded with the board taking up officer elections and adjourning.