January 13, 2015 Minutes
The Board of Appeals held its regularly scheduled meeting on Tuesday, January 13, 2015 at 7:00 p.m. in the Commissioners Meeting Room of Charles County Government Building, La Plata, Maryland.
The following were present:
Frederick Mower, Chairman
Brendan Moon, Vice Chairman
Sean Johnston, Alternate
Matthew Clagett, Associate County Attorney
Joseph Adams-Raczowski, Program Manager, Planning.
Melody Weschler, Clerk
Mr. Mower, Chairman, called the meeting to order at 7:08 p.m. and there was a quorum to proceed.
Mr. Mower, Chairman, announced the process by which all Board of Appeals hearings are to be conducted.
Mr. Mower, 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.
Docket #1340 – G. Macy Nelson, LLC (continued from 12/9/14). Appeal of Planning Commission decision re: Waldorf Station – XPN 12-001
Location: U.S. 301 and Mattawoman-Beantown Road
Mr. Mower, Chairman, stated that the Board has already heard from counsel on both sides and tonight's meeting is to provide rulings on the five motions that had been filed.
Mr. Clagett summarized the outstanding motions that are before the Board. They are:
Motion for Preliminary Hearing;
Motion to Dismiss for Lack of Jurisdiction and for Failure of Appellants to Satisfy Statutory Requirement to be parties to the Planning Commission Proceedings;
Motion to Dismiss Amended Appeal;
Motion to Limit Subject Matter of Appeal;
Motion to Dismiss for Lack of Aggrievement.
Mr. Mower, Chairman, stated that as he understood the law, the Board does have jurisdiction to hear the case. Discussion between the Board Members regarding the jurisdiction of the Board. Mr. Mower, Chairman, asked if any of the Board members had any questions at this time.
The Board discussed the matter and a vote was called.
Mr. Mower, Chairman, suggested that the vote be in two parts. The first part of the question to be voted on is, does the Board of Appeals have jurisdiction?
Mr. Moon, Vice Chairman, made a motion that the Board does have jurisdiction to hear administrative appeals from the Planning Commission; seconded by Ms. Green.
Mr. Clagett advised that since Ms. Green was not at the prior hearing and had not heard the information presented to the Board that she abstain from voting.
Mr. Johnston then seconded the motion made by Mr. Moon, Vice Chairman.
The vote was called and the motion was carried unanimously.
Mr. Moon, Vice Chairman, made the motion for the second part of the question, whether the parties filing the appeal are parties to the Planning Commission decision. Mr. Moon, Vice Chairman, made the motion to deny that part of the motion and that they are parties to the Planning Commission decision and that the Board should not dismiss the case and proceed with the hearing, seconded by Mr. Johnston. No discussion. A vote was called, in favor of the motion, Moon, Vice Chairman, and Johnston; opposed, Mower and Shannon. A tie vote was recorded.
Mr. Mower, Chairman, stated that since the vote was a tie, Ms. Green would review the record and the Board would have another vote at the next hearing.
Mr. Clagett advised that Ms. Green should review the transcript and recording of the hearing within 15 days and the Board would return to complete the full vote.
Mr. Mower, Chairman, asked counsel if they were available at the next Board of Appeals meeting on January 27th. Mr. Gibbs stated he would not be available due to being out of the country.
Mr. Mower, Chairman, stated that this matter, Docket #1340 will be continued to February 10, 2015 at 7:00 p.m.
The Board signed the Decision and Orders for:
In the Matter of the Petition of Amir Kacapor, for a Special Exception for a
Commercial Greenhouse with On-Premise Sales;
In the Matter of the Petition of Telecom Capital Group for a Special Exception to construct a 195' Tall Monopole Telecommunications Tower with 4' Lighting Red (199') Total Height.
APPROVAL OF MINUTES
A MOTION was made by Brendan Moon, Vice Chairman, seconded by Sean Johnston, to approve the Minutes for November 18, 2014 as presented. With all voting in favor, the MOTION passed.
The meeting was adjourned at 7:40 p.m.