July 22, 2014 Minutes | www.charlescountymd.gov

www.charlescountymd.gov

Charles County, Maryland

July 22, 2014 Minutes

Minutes
Tuesday, July 22, 2014

 

The Board of Appeals held its regularly scheduled meeting on Tuesday, July 22, 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
Lynn Green
Shannon Houston-Smack
Matthew Clagett, Associate County Attorney
Joseph Adams-Raczkowski, Program Manager, Planning
Erica Hahn, Planning    
Carrol Everett, Clerk

  1. The Vice Chairman called the meeting to order at 7:00 p.m. and stated there was a quorum. Luke Hannah, Chairman and Sean Johnston were absent. 
  2. The Vice Chairman announced the process by which all Board of Appeals hearings are to be conducted.
  3. 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.

HEARINGS

7:02 PM, Public Hearing:  Docket #935 - Edward Stinnett, for a renewal of a Special Exception for surface mining more than 10 acres, as provided in Article XIII, Section 297-212 and Article XXV, Section 297-415 of the Charles County Zoning Ordinance. 

Mr. Clagett stated there was substantial compliance with the notification requirements.

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

  • Proposed:  Renewal for surface mining more than 10 acres
  • Location:  Orphans Loss Place, 10.5 miles west of La Plata and north of Route 6
  • Tax Map 41, Parcel 30
  • Zone:  Agricultural Conservation (AC)
  • Permitted by Special Exception in the AC Zone
  • Applicant not requesting any changes to previous approval (10/28/08)

Mr. Mower asked if there have been any complaints about the operation.

The Vice Chairman asked if there were any changes to the recommended conditions of approval from the previous Order.

Sue Greer, Esquire, represented the Applicant.  She proffered that the Applicant would testify to an agreement with the findings and recommendations of approval in the Staff Report.

Mr. Mower stated that Mr. Stinnett has previously appeared before this Board and in light of the testimony by Staff, he sees no reason to swear in the Applicant.

Ms. Greer added that there have been no complaints by the neighboring residents or changes to the request since the previous hearing in 2008.

There was no testimony from the audience.

Actions by the Board

A MOTION was made by Mr. Mower, seconded by the Ms. Green, to approve the Special Exception renewal for Docket #935 with conditions of approval as recommended by Staff.  With all voting in favor, the MOTION passed

7:10 PM, Public Hearing:  Docket #1005 - Howlin Concrete, for a renewal and modification of a Special Exception for surface mining more than 10 acres, as provided in Article XIII, Section 297-212, and Article XXV, Section 297-415, of the Charles County Zoning Ordinance. 

Mr. Clagett stated there was sufficient compliance with the notification requirements.

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

  • Proposed:  Renewal for surface mining more than 10 acres
  • Location:  Beethoven Place, near the Charles/St. Mary’s County Line, north of the  intersection of Route 6 and New Market Road
  • Tax Map 58, Parcel 7
  • Zone:  Agricultural Conservation (AC)
  • Permitted in the AC Zone by Special Exception
  • Modification requested:  Removal of Condition #10 from previous Order (1/13/04) requiring the channel size of Smoots Pond Run be photo documented on a yearly basis and submitted to the Planning Office. 
  • Applicant has complied with this requirement and there has been no noticeable change
  • Staff recommends approval with conditions as outlined in the Staff Report

Ms. Smack stated that there was no plan mentioned by the Applicant or in the Staff Report for the relocation process and future maintenance of a cemetery mentioned in the previous Order.   

Ms. Hahn stated that the cemetery is protected by both State and Federal historic preservation laws.

Ms. Green asked who currently maintains the cemetery.

The Vice Chairman asked if Staff agrees with the Applicant’s request to remove Condition #10.   Ms. Hahn replied that the area is in good condition as there have been no significant changes in the past four years. 

Mr. Mark Mudd, Esquire, represented the Applicant.   He provided the following testimony:

  • The property consists of  approximately 303 acres, located in the 8th Election District.
  • Use first approved via a Special Exception on January 9, 2001.
  • A second Order was issued on January 13, 2004 granting a five-year extension.
  • On May 21, 2009, a third extension was granted for the mining operation. 
  • The Applicant requests a renewal for an additional five years with the same conditions of approval except for a modification that would remove Condition #10 regarding the monitoring of Smoots Run channel.

Mr. Mudd proffered that the Applicant would testify to an agreement with the findings and recommendations of  approval in the Staff Report.

For the record, Mr. Mudd noted two small errors in the justification report submitted by Lorenzi, Dodds and Gunnill.   

The Vice Chairman swore in the following witnesses for the Applicant:

Derek Taylor, Vice President
Howlin Concrete
2880 Dunkirk Way
Dunkirk, MD 20754

Scott Burroughs
Lorenzi, Dodds & Gunnill
Waldorf, MD 20602     

Discussion followed regarding the cemetery on the property and the issue with Smoots Run channel.  

Mr. Mower stated that based on the Staff Report and on-site inspection, the issue of Smoots Run has been satisfied and Condition #10 is not needed any further.

There was no testimony from the audience.

Actions by the Board

A MOTION was made by Mr. Mower, seconded by Ms. Shannon-Smack, to approve the Special Exception renewal for Docket #1005 with Staff recommendations and the removal of Condition #10 from the previous approval.  With all voting in favor, the MOTION passed

APPROVAL OF MINUTES

May 27, 2014 and June 10, 2014 were approved.

The meeting adjourned at 7:35 p.m.