March 26, 2013 | www.charlescountymd.gov

www.charlescountymd.gov

Charles County, Maryland

March 26, 2013

Minutes
Tuesday, March 26, 2013

 

The Board of Appeals held its regularly scheduled meeting on Tuesday, March 26, 2013 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
Natalie McKinney, Vice Chairman
Frederick Mower, Member
Cindy Terry, Alternate
Matthew Clagett, Associate County Attorney
Cyndi Bilbra, Planning
Carrol Everett, Clerk  

The Chairman called the meeting to order at 7:00 p.m. and stated there was a quorum.  Brendan Moon and Jean Schappet were not present.

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.

Carol DeSoto, Commissioner Specialist, issued the Oath of Office to each Board member present. 

7:06 PM, Public Hearing:  Docket #704 – Howlin Concrete, 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.

Erica Hahn, Planning Staff, presented a brief overview of the project using a location, zoning and aerial map: 

  • Mine Site Area:  Approximately 229 acres, located within a tract of 547.92 acres.
  • Location of Site:  North of MD Route 6, approximately 2,000 ft. east of Keech Road and 4,000 ft. east of the entrance to Gilbert Run Park, in the Eighth (8th) Election District; Tax May 57, Parcel 4
  • Owner:   Crescent Run, LLC
  • Zoning:  Agricultural Conservation (AC)
  • Proposed Activity:  Surface mining more than 10 acres (Use #7.05.120)
  • A sand and gravel mining operation has existed on the project site since 1990, by an approved Special Exception, ordered January 9, 1990, later subject to modification and renewal in March 1997, November 2000, May 2002, and July 2007.

Ms. Hahn also presented photographs taken by Staff on a site visit conducted November 12, 2012:           

  • A stream bed where the haul road crosses a stream
  • Entrance of the haul road facing MD Route 6
  • Existing mining
  • Haul road/existing mining
  • Small stock pile
  • Silt fence installed along the Haul Road
  • Reclaimed areas           

The Chairman asked Ms. Hahn if she knew of any complaints recently or in its history.  Ms. Hahn was not aware of any complaints.

Mr. Thomas Mudd, Esquire, represented the Applicant.

The Chairman swore in the following witness for the Applicant:

Derek Taylor
2880 Dunkirk Way
Dunkirk, MD

Mr. Taylor is the Vice President of Howlin Concrete.  He has been in that position since 2004 and with the Company since 1999.  He described the day-to-day operations of which he is in charge.   He stated that 120 acres have been mined so far and all but 20 acres have been reclaimed.

Mr. Taylor continued that the operation is divided into 8 phases. Of the current mining plan, Phase 6 is almost completed.  He has not received any complaints from any regulatory agencies.  He is seeking a five-year extension and the same number of truckloads, hours of operation as previously approved.   

Mr. Taylor stated that he has no objections with the Staff Report.

Mr. Mudd stated there has been some interest in the past from the Board and/or Staff with the disturbance limit regarding surface water.  Mr. Taylor said he has been able to maintain that limit.

Questions from the Chairman included the following:  How many truckloads are you hauling today.   How many more phases do you anticipate? 

Mr. Taylor stated that the material goes to the Mechanicsville Wash Plant on MD Route 5.

The Chairman swore in the following witness for the Applicant:

Scott Burroughs
11617 Wollaston Circle
Issue, MD           

Mr. Burroughs is a Senior Environmental Planner.  He previously worked for Lorenzi, Dodds, and Gunnill for approximately 10 years and testified as an expert witness at prior County hearings.

Mr. Burroughs referred to the site plan with respect to the phases (what has been mined, reclaimed and where the mining will go). 

Mr. Burroughs stated that he has no issues with the Staff Report. 

Actions by the Board

A MOTION was made by Mr. Mower, seconded by Ms. Terry to approve Docket #704, subject to the conditions recommended by Staff.  With all voting in favor, the MOTION passed. 

7:16 PM, Public Hearing:  Docket #1108 – Chaney Enterprises, for a modification to the conditions of approval 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.

Erica Hahn, Planning Staff, presented a brief overview of the project, using a location, zoning and aerial map: 

  • Previously approved for a five year renewal on July 24, 2012.
  • Location:  In Waldorf, east side of Leonardtown Road (Route 5), south of Poplar Hill Road, both sides of Gardiner Road in the 8th Election District.
  • Zoning:  Rural Conservation (RC)
  • Parcel is identified as Tax Map 16, Parcels 11, 13, 50, 76, 117, 119 and 120
  • Request is for relief from the requirement to maintain the minimum 100 ft. buffer along the real property line where the subject property abuts the Homeland Trio property (Parcel 33) to the south of Phase 5.
  • The Applicant submitted an Agreement between Chaney Enterprises and Homeland Trio, LLC that would eliminate the 100 ft. wide buffer requirement along the perimeter property. 

Page Wyrough, Esquire, represented the Applicant. He stated that the purpose for the modification is to allow Chaney access to additional materials.  Also, the 100 ft. buffer set forth in the County Code is inconsistent with the COMAR regulations that govern mining. 

The Chairman swore in the following witness for the Applicant:

Mike Przbowski
Loiederman Soltesz & Associates
401 Post Office Road
Waldorf, MD.

The Chairman asked the witness to describe the unnatural topo and why it needs to be dealt with. 

Mr. Mower asked how the Board can protect adjacent property owners from operations like this if they cannot impose a buffer.   Mr. Wyrough addressed his question.

Mr. Clagett stated that he is well aware of the 100 ft. buffer issue and will inform the Board how it will or will not affect their decision.  Currently, it is pending.

Mr. Wyrough stated that the Board still retains the authority over the conventional zoning issues, i.e., hours of operation, traffic, number of truckloads. 

Ms. Terry asked if any additional property owners are affected.  Mr. Wyrough replied no.

There were no additional questions from the Board.  

The Chairman swore in the following witnesses from the audience:

Mary Harley
Waldorf, MD           

Ms. Harley asked why the buffer was established in the first place and now there is a need to remove it.  She is also an adjacent property owner.

The Chairman stated that without the property owner’s permission, they would never approve such a request.

Hal Delaplane
10645 Village Dr.
La Plata, MD

Mr. Delaplane is the President of the Conservancy for Charles County and also an adjoining property owner.  He stated that after examining the file, the Conservancy is satisfied with the proposal and have no concerns.  He felt that the proposal would be a significant environmental benefit.

Actions by the Board

A MOTION was made by Ms. McKinney, seconded by Mr. Mower, to approve Docket #1108 with the recommendations by Staff.  With all voting in favor, the MOTION passed.              

A MOTION was made by Ms. McKinney, seconded by Mr. Mower, to approve the Minutes for February 26, 2013.  With all voting in favor, the MOTION passed.

The meeting adjourned at 7:46 p.m.