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Land Use Administration

P. O. Box 1000 Phone: (804) 493-0120
Montross, Virginia 22520 Fax: (804) 493-0604

Planning Commission
Staff Report
Date: May 9, 2017
From: Beth McDowell, Planner
Case #: #1706-CBAE-02
Site Address: 222 Haulover Circle
Site Location: Stratford Harbour subdivision
Magisterial District: Montross Magisterial District
Site Tax Map: 23E-124 & 125
Owner/Applicant: Larry & Christina Pullen (agent=Dave Baird@Allison Baird & Sehl)
Site Property Size: 1.105 acres (48,126 square feet)
Site Zoning District: R-2 Limited Uses Residential
Utilities: private septic drainfield & community water
Authority: 3-1.15 Exceptions to the Chesapeake Bay Act
Project Description: Construction of a house addition within the 100-foot Resource Protection
Area (RPA)
Work Session: May 22, 2017 (3:00 p.m., George English Building)
Planning Commission: June 5, 2017 (1:30 p.m., George English Building)
Board of Supervisors: Chesapeake Bay Act exception determinations by the Planning
Commission are final. Appeals of the Commission’s decision should be
submitted to the Board of Zoning Appeals (BZA).



Project Description:

The applicants have an existing house abutting Currioman Bay in Stratford Harbour subdivision. They wish to
construct a garage with living space above that would be connected by an elevated breezeway (bridge) to the
existing house. Both the existing house and the proposed addition would be located partially within the 100-
foot Resource Protection Area (RPA).


The existing house is over 5,000 square feet. This alone exceeds the square footage total that the Land Use
Administration office has established as the upper threshold to qualify as the minimum necessary and receive
administrative approval.

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In addition, the proposed construction crosses the property line between the two lots. Under current regulations,
the two lots would need to be combined by plat before building permits could be issued. Once the combination
plat was recorded, the consolidated lot would become a Post-Chesapeake Bay Act lot and no new encroachment
into the 100-foot RPA could be administratively approved. Therefore, a Chesapeake Bay Act Exception is
necessary to permit this project.

History of property:

The primary house was permitted and built in 2000 on lot 125. In 2010, a two-story attached gazebo was
permitted following approval of a Chesapeake Bay Act Exception (CBAE) for the project.

In 2016, a violation occurred on lot 124 wherein a patio made of permeable pavers was constructed within the
100-foot RPA without permits. There was additional land disturbing within the RPA associated with that
project. In March 2016, the applicants sought an after-the-fact CBAE for the patio and the land disturbing;
however, the initial application was denied by the Planning Commission. A few months later, a second
application was submitted that altered the shape of the patio from a circle to an elongated half-moon, thus
reducing the proximity to the water. The mitigation was also adjusted. That second CBAE application was
approved in August 2016, and permits were issued in March 2017.

Water/Sanitary System:

This property is served by community water and a septic drainfield. In anticipation of this addition project, a
conditional permit was issued by the Health Department allowing the connection of the garage living unit to the
existing septic drainfield, provided the occupancy of both the house and the garage does not exceed 6 persons.
The conditional permit must be recorded in the Records Room of the Circuit Court and proof of that recordation
must be provided to the Health Department before it becomes valid.

Buffer Mitigation:

Most impervious cover on the lots, existing and proposed, would be captured and treated as a result of the
submitted plan and work done for previous projects. Twenty (20) tree-units worth of vegetation would be
planted in association with this and the patio projects.

There is an existing 3’D x 5’W x 22’L infiltration trench that treats the stormwater runoff from the entire
roofline of the existing house. As part of the gazebo permitting, two Stormtech chambers were to be installed to
process the runoff from the parking area in front of the existing house, and an open-top infiltration trench was to
treat the driveway runoff. LUA staff was unable to confirm that these last two mitigation features were
installed, although there is a catch basin in front of the garage doors as shown on the plan for the Stormtech

The gutter downspouts for the entire roofline of the proposed addition would be directed into 26 linear feet of
infiltration trench located under an existing level spreader. This is the same structural mitigation that was
provided in the second site plan for the patio project.

Most of the ground area to be disturbed by this project was already included in the land disturbance area for
their previously approved patio project. The plan for that work required 19 tree-units to be planted within 100
feet of the water. There will be an additional 395 square feet of land disturbance within the 100-foot RPA, and
one additional tree-unit has been proposed to compensate for that.

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We have several concerns about this application. The first concern is that there is sufficient buildable area to
locate the proposed garage and living space as a detached structure outside the 100-foot RPA. The impetus
behind its proposed location appears to be the applicants’ wish to connect it to the principal house. The
applicants should be prepared to explain to the Commission why this request is in harmony with the purpose
and intent of the Chesapeake Bay Preservation Act and will not cause a degradation of water quality.

Our second concern is that LUA staff observed two areas on the created ‘sand beach area’ where rain runoff had
flowed over the sand, forming slight channels and carrying some sand down onto the riprap. At this time, there
is about 20 feet of lawn grass, a small rock garden, and a landscaping log border between the patio and the
beach. We would recommend something to infiltrate and uptake more of the uphill sheet flow before it enters
the beach area, such as native grasses planted in mulch just above the log border.

Should the Commission consider approval of the request, staff recommendations are as follows:

1. The proposed development shall conform to the Site Plan, designed by Allison Baird & Sehl and dated
April 21, 2017.

2. An area of at least 5 feet by 40 feet (200 square feet) shall be fashioned with mulch and native grasses
immediately uphill of the “sand beach area.”

3. Any changes made to the approved site plan or construction on site or failure to abide by these
requirements or conditions will result in the immediate revocation of this approval.

4. This Exception to the Chesapeake Bay Act shall be granted approved for 365 days from the date of the
Commission’s determination. The owner is required to obtain all applicable permits within this time
period. Should the owner fail to obtain these permits, this Chesapeake Bay Act Exception shall be
declared null and void.

5. The site development shall be completed within two (2) years from the date of which the permit shall be

6. No additional development will be permitted on the property except in compliance with the Zoning

7. The owner or his agent shall furnish to the Westmoreland County Land Use Administration certification
by the Clerk of the Circuit Court of the Deed Book number and page number upon which the
Chesapeake Bay Act Exception and all conditions have been recorded. The Deed Book number and
page number must be placed on all copies of the CBAE approval prior to giving validation to the
Building Official for issuance of a building permit.

8. The CBAE shall become effective one day after the Westmoreland County Land Use office receives
notification of recordation.
Tax Map 23E
Aerial photo of lot and surrounding area
Site Plan (designed by Allison Baird & Sehl, dated April 21, 2017)
Architectural plans for proposed garage with upstairs living space
Letter from adjacent landowner Robert Strunk (lot 123)

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