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Planning commission approves Chesapeake Bay buffer exception for Princess Arch shed after debate, 5–2
Summary
After receiving a staff recommendation of denial for an exception to place a new shed within the Chesapeake Bay resource protection area buffer, the commission approved the exception 5–2; applicants argued the project reduces impervious area in the most sensitive zone and proposed native plantings as mitigation.
The Suffolk Planning Commission voted 5–2 to approve an exception allowing construction of a larger accessory shed at 306 Princess Arch that would encroach into the 100‑foot RPA buffer, despite staff’s recommendation of denial.
Environmental planner Cassie McKelvey told the commission that the proposed 384‑square‑foot shed would place 312 square feet within the 100‑foot RPA buffer and that staff found feasible alternatives outside the buffer. "Staff finds the exception request to construct a shed within the 100 foot resource protection area buffer does not satisfy the criteria outlined in section 31-4-15 f 5 c of the Unified Development Ordinance," McKelvey said, adding that the applicant could instead site a shed outside the buffer.
Applicants Robert Nickerson and Carrie Engler said they had sought HOA approval, had consulted an environmental engineer, and proposed removing existing impervious surface and adding native plantings; Nickerson said the project would result in a net gain for the buffer. "The net gain is 204 feet of net, going back to mother nature," Nickerson said, describing removal of the old shed and some pool patio to reduce impervious area within the seaward (50‑foot) buffer.
Commissioners debated whether alternatives outside the buffer were practical without removing trees, encroaching on setbacks, or eliminating a backyard pond that the applicants said supports local wildlife. Ultimately, a majority accepted the applicants’ mitigation plan and voted to approve the exception with updated conditions; because this is an exception decision, City Council review is not required and the planning commission is the final decision maker on this request.
