Estates Road property owners file suit over Bay Act exception

Jackie Nunnery

by Jackie Nunnery

LANCASTER—Merry Point property owners Kevin and Brenda Burtnett on August 28 filed suit against the Lancaster board of supervisors in Lancaster County Circuit Court.

The suit seeks to rescind an exception to the Chesapeake Bay Protection Act (CBPA) granted by the board at its July 27 meeting.

By a 3-2 vote, the board approved a request from Wayne and Susan Rogers to add a 10-foot porch on to an existing home at 114 Estates Road. However, according to a 2019 survey of the parcel completed just prior to the Rogerses closing on the property, the house—placed there in 1998 by a previous owner—already encroaches the CBPA required 100-foot resource protection area (RPA) buffer by roughly 30 feet.

The Burtnetts, who own a home at neighboring 108 Estates Road, claim in their filing that the “structure was not sited. No survey was performed.”

However, the Rogerses claim it was, referring to…

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