July 8, 2014 Minutes | www.charlescountymd.gov


Charles County, Maryland

July 8, 2014 Minutes

Tuesday, July 8, 2014


The Board of Appeals held its regularly scheduled meeting on Tuesday, July 8, 2014 at 7:00 p.m. in the Commissioners Meeting Room of the Charles County Government Building, La Plata, Maryland. 
The following were present:

Luke Hannah, Chairman
Brendan Moon, Vice Chairman
Frederick Mower
Shannon Houston-Smack
Lynn Green
Sean Johnston, Alternate
Matthew Clagett, Associate County Attorney
Adam Storch, Associate County Attorney
Joseph Raczkowski, Program Manager, Planning
Aimee Dailey, Planning    
Carrol Everett, Clerk

  • The Chairman called the meeting to order at 7:08 p.m. and stated there was a quorum. 
  • The Chairman announced the process by which all Board of Appeals hearings are to be conducted.
  • The 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.
  • The Chairman recused himself from the initial hearing for Docket #1316 on May 13, 2014.
  • The Vice Chairman would preside over the hearing tonight.

7:11 PM, Public Hearing:

Docket #1316 (continued from May 13, 2014) – Daniel Yates, for a variance to the Chesapeake Bay Critical Area regulations for a driveway expansion, as provided in Article IX, Section 297-132.G(8)(b) and Article XXV, Section 297-416 of the Charles County Zoning Ordinance. 

Mr. Clagett stated that the notification requirements were met for the initial hearing date on April 22, 2014.

Mr. Storch, representing the County, stated that the Applicant has a pending Motion for a continuance.

Ms. Nancy Slepicka, Esquire, represented the Applicant.  She stated that by letter dated July 7, 2014, she requested a continuance.  The engineering firm of ATCS was hired since May 13, 2014 and after review of the case, it was determined to file a revised site plan and variance request.  The request has been changed to a lesser area and mitigation plans have been proposed.  A supplement to the application was submitted today.  She stated that the continuance request is based on allowing Staff and the Critical Area Commission additional time for review.

Mr. Storch stated the County feels it is warranted and does not object to the request. 

The Vice Chairman expressed concern for the number of people who have attended the previous hearing dates for this case.  He stated that if the continuance is granted again, the Applicant should re-notify all adjacent property owners as the entire request has changed. 

Mr. Mower stated that he would not be in favor of a continuance.

Mr. Johnston asked Mr. Storch if the new submission was significant.  Mr. Storch replied that they received substantial documentation from the Applicant at 3:00 p.m. today.

Mr. Johnston stated that the Applicant should re-notify due to the significant revisions submitted by the Applicant and the proposed continuance to September 9.

Mr. Clagett stated that as an amendment to the original application, re-notification is not legally necessary. 

Ms. Slepica stated they would not object to re-notifying the adjoining property owners. 

Actions by the Board

A MOTION was made by Mr. Mower to deny the continuance and proceed with the hearing.  The MOTION was not seconded and died.  A new MOTION was made by Ms. Houston-Smack, seconded by Mr. Johnston, to continue the hearing on September 9, 2014.  The Applicant will re-notify the adjoining property owners and pay the cost for the newspaper advertisement. The vote was 4-1 in favor, with Mr. Mower objecting, and the MOTION passed.

There was no other business, and the meeting adjourned at 7:30 p.m.