September 10, 2013 Minutes |

Charles County, Maryland

September 10, 2013 Minutes

Tuesday, September 10, 2013


The Board of Appeals held its regularly scheduled meeting on Tuesday, September 10, 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
Brendan Moon, Vice Chairman
Frederick Mower, Member
Matthew Clagett, Associate County Attorney
Cyndi Bilbra, Planning
Tetchiana Anderson, Planning
Carrol Everett, Clerk

The Chairman called the meeting to order at 7:00 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.

7:03 PM, Public Hearing: 

Docket #1310 (continued from August 13, 2013) – My Janki Properties, LLC, for a Special Exception for scrap materials, salvage yards, junkyards and automobile graveyards, as provided in Article XIII, Section 297-212 (Use #7.03.300) and Article XXV, Section 297-415 of the Charles County Zoning Ordinance.

Mark Mudd, Esquire, represented the Applicant. 

The Chairman swore in the owner of My Janki Properties, LLC.:

Kishor Kaswala
8135 Plowden Dr.
La Plata, MD 20646

Mr. Lessner, Lorenzi, Dodds, and Gunnill, gave a brief summary of testimony provided on August 13, 2013 regarding the operation of the proposed use and bufferyard associated with the subject property.  The following Applicant Exhibit was distributed to the Board:

  • Exhibit #1 – Amended Site Plan and Bufferyard Requirements Chart (Figure XXII-2 from the Zoning Ordinance)

Mr. Lessner stated that the amended site plan shows more of the required buffer than the initial site plan submitted. 

Mr. Mudd added that the bufferyard shown in Exhibit #1 is consistent with County buffer requirements and also indicates the location of Non-Tidal Wetlands and the Resource Protection Zone (RPZ). 

Mr. Mower asked for confirmation that no activities reach the RPZ.  This issue was addressed by Mr. Lessner.

Mr. Mower asked for hours of operation, confirmation that no activities such as crushing of cars takes place on site, and that cars arrive without gasoline and/or oil still in them.

Mr. Kaswala addressed the Board’s concerns:

  • Hours of operation:   8:00 AM – 5:00 PM, Monday through Friday.  Saturday hours are 9:00 AM – 2:00 PM.  Closed on Sundays and Federal holidays.
  • Cars are purchased at auction and emptied of oil and gasoline.
  • There is no crushing of cars on site.  Cars are stripped for parts (wheels, tires,  motor parts) and sent to a crusher off site. 
  • Parts are sorted on site.
  • A bobcat and forklift are used to move the cars around on site.
  • The workforce will be increased slightly, if approved.

Actions by the Board

A MOTION was made by Mr. Mower, seconded by the Vice Chairman, to approve Docket #1310, with conditions as recommended by Staff.  The hours of operation, as testified by the Applicant, will be added and a condition stating that no activities will take place on site to the rear of the fence line indicated on the site plan.  With all voting in favor, the MOTION passed. 

A MOTION was made by Mr. Mower, seconded by the Vice Chairman, to approve the Minutes for August 13, 2013.  With all voting in favor, the MOTION passed.

Other – Staff Review

Ms. Tetchiana Anderson, Planner, gave a brief summary of the County Subdivision Regulations as it pertains to the operation of the Board of Appeals.


The meeting adjourned at 7:25 PM.