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BZA grants 20-foot Chesapeake Bay exception for Deltaville property with conditions

Middlesex County Board of Zoning Appeals · January 20, 2026
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Summary

The Middlesex County BZA approved CBPA Exception No. 2025-30 for a 20-foot encroachment into the 100-foot RPA buffer at 140 Circle Drive, Deltaville, and attached five staff-recommended conditions including a recorded CBPA BMP Agreement and a one-year permit requirement.

The Middlesex County Board of Zoning Appeals approved CBPA Exception No. 2025-30 on Jan. 20, 2026, allowing a twenty-foot encroachment into the 100-foot Resource Protection Area for an existing shed at 140 Circle Drive in Deltaville (Tax Map Parcel #4027-10).

Marc Longest presented the staff report recommending approval with specified conditions: (1) clearing and grading limited to the areas shown on the proposed plan of development; (2) a CBPA BMP Agreement recorded with the Middlesex County Clerk’s Office prior to issuance of a building permit; (3) all stormwater management BMPs maintained according to Device Maintenance included in the recorded BMP Agreement; (4) installation and maintenance of necessary erosion and sediment controls prior to land disturbance; and (5) the applicant must obtain a Building and Zoning Permit within one year of BZA approval per Section 4A-15.F of the Zoning Ordinance.

Raymond Boehling, addressing the board, supported the placement of the pool and related improvements as the best option given septic location, marsh areas and uneven property conditions: "the placement of the pool is in the best location as far from the water as they can put it because of the septic, marsh and uneven property." Following discussion, Theodore Kenyear moved to accept staff recommendations; Jackie Taylor seconded and the motion carried by a vote of three yes.