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Charles County, Maryland

February 11, 2014 Minutes

Minutes
Tuesday, February 11, 2014

 

The Board of Appeals held its regularly scheduled meeting on Tuesday, February 11, 2014 at 7:00 p.m. in the Commissioners Meeting Room of the Charles County Government Building, La Plata, Maryland. 
  
The following were present:

Brendan Moon, Vice Chairman
Frederick Mower, Member
Lynn Green, Member
Shannon Houston-Smack, Member
Sean Johnston, Alternate
Matt Clagett, Associate County Attorney
Joseph Raczkowski, Program Manager, Planning
Frank Ward, Division Chief, Codes, Permits & Inspections
Erica Hahn, Planning
Sarah Sandy, Clerk

  • The Vice Chairman called the meeting to order at 7:09 p.m. and stated there was a quorum. 
  • The Chairman, Luke Hannah, was absent.
  • The Vice Chairman announced the process by which all Board of Appeals hearings are to be conducted.
  • The Vice Chairman announced that anyone wishing to make a statement pertinent to the operations of the Board can do so at this time, excluding the items on tonight’s agenda.

PUBLIC HEARINGS

Docket #1254 – Edward and Julie Langley - Special Exception Renewal/Surface Mining less than 10 acres, as provided in Article XIII, Section 297-212 (Use # 7.05.120) and Article XXV, Section 297-415 of the Charles County Zoning Ordinance

Ms. Hahn, Planning Staff, gave a brief overview of the request using a location, aerial and zoning map for clarification:

• Zoning:  Agricultural Conservation (AC)
• Location: 6975 Julie Place, Tax Map 42, Parcel 313
• Staff is recommending eight (8) conditions of approval
• Mining will take place in Pit 3 only

 
 Mr. Ward explained condition number four (4) and the results of the East Star case in Queen Anne’s County.

The Chairman swore in the following witness for the Applicant:

Edward and Julie Langley
6975 Julie Place
Port Tobacco, MD 20677

Mr. and Mrs. Langley testified as to their operation intentions.   She testified that once all mining is done, Pit 3 will be made into a pond.  She asked that the truckloads be increased from 50 to 75 per day. There are no plans to continue mining once mining of Pit 3 is complete.

There was no testimony from the audience.

The Vice Chairman stated that he is in favor of the application due to the good location and buffering on site. 

Actions by the Board

A MOTION was made by Mr. Mower, seconded by Ms. Green, to approve the Special Exception for Docket #1254  with Staff conditions and with an increase in allowable loads from 50 to 75 per day.  With all voting in favor, the MOTION passed.

 

Docket #1304 – Chaney Enterprises - Special Exception for Surface Mining more than 10 acres, as provided in Article XIII (Use # 7.05.110) and Article 297-415 of the Charles County Zoning Ordinance 

Ms. Hahn, Planning Staff, gave a brief overview of the request using a location, aerial and zoning map for clarification:

• Zoning:  Light Industrial (IG)
• Location: East of CSX Railroad right-of-way, between Central Avenue and Holly Lane in Waldorf, MD; Tax Map 8, Parcel 155
• Staff is recommending ten (10) conditions of approval
 
The Chairman swore in the following witness for the Applicant:

Ed Carrol
Soltesz Engineering
401 Post Office Road
Waldorf, MD


Cathy Flerlage
Soltesz Engineering
401 Post Office Road
Waldorf, MD

Eric Hadaway
Daft McCune Walker Inc.
200 East Pennsylvania Avenue
Towson, MD

Francis Chaney
Chaney Enterprises
2410 Evergreen Road
Gambrills, MD

Written testimony was submitted on behalf of the above mentioned witnesses. Paige Wyrough, counsel for the Applicant, explained the intentions of the application. He stated that normal dust control measures will be used to control dust, no wells will be drilled, and there will be no increased truck traffic since they will be using all internal roads. Mr. Wyrough also explained the East Star case to the Board.  There was discussion regarding authority on buffer enforcement and requirements.

There was no testimony from the audience.

Actions by the Board

A MOTION was made by Mr. Mower, seconded by Ms. Green, to approve the Special Exception for Docket #1304 with Staff conditions, the condition on buffers reflecting the Board's discussion on the Zoning Ordinance's minimum requirements, MDE's minimum requirements, and recent case law.  County staff will draft this additional condition.  With all voting in favor, the MOTION passed.

EDUCATIONAL BRIEFING

Mr. Ward gave an educational presentation to the Board on various permit processes and how they relate to the Board of Appeals.

The meeting adjourned around 9:00 p.m.