Charles County Board of Appeals Meeting Summary – January 13, 2026

The Charles County Board of Appeals held a meeting on Tuesday, January 13, 2026, to conduct administrative business, adopt several decisions and orders (D&Os), continue a contested appeal for the "River's Edge" non-conforming use (Docket 1459), and hear a special exception application for a proposed Sheets gas station and convenience store (Docket 1475). The meeting included the re-election of the Board Chair and Vice Chair, detailed debate on procedural issues, and testimony from applicants, county staff, and legal counsel.

Consent Calendar & Administrative Matters

• Chair & Vice Chair Re-election: Chairman Bud Humbert was re-elected Chair for another year following a motion by George Grindle. Benjamin Watkins was re-elected Vice Chair on a motion by Damien Chesada. Both elections were unanimous.
• Minutes Approval: The board unanimously approved the general meeting minutes and the minutes from the December 9, 2025 River's Edge hearing.
• Unanimous D&O Approvals: The board unanimously adopted Docket 1472 (Mission Education variance), Docket 1470 (Mission Education special exception), and Docket 1471 (Bonatera special exception).

Public Comments & Testimony

• No members of the public signed up to speak for any of the active dockets during this session. The public records for both Docket 1459 and Docket 1475 were formally closed.

Discussion Items

• D&O 1468 (NS Pool) – Procedural Dispute:
  • Board Member Timothy Trainer requested a motion for reconsideration on D&O 1468, arguing the board's previous vote on the variance was taken before the record was closed. He cited three significant pieces of evidence concerning the pool's location, size, and permitting that were submitted after the vote he recalled.
  • The motion for reconsideration lacked a second. A subsequent roll call vote on the original motion to approve D&O 1468 carried 4-1, with Mr. Trainer casting the sole dissenting vote.
• D&O 1477 (Mona) – Amendment:
  • Mr. Trainer offered a friendly amendment to the D&O to explicitly state that "the board concludes that no environmental impact statement would be required." The motion maker and seconder accepted.
  • A roll call vote on the amended motion passed 4-2. Chair Humbert and Mr. Grindle voted against it, citing concerns about the precedent of altering legally prepared D&Os from the county attorney's office.
• Docket 1459 – River's Edge (Administrative Appeal Continuation):
  • Applicant's Position: Attorney Zach Gilriz argued that the cessation of the non-conforming restaurant use was involuntary (due to a fire in 2018). Citing McLay v. Maryland Assemblies, he argued that an involuntary cessation negates the inference of intent to abandon, and that enforcing the one-year rule in this case would be a factual impossibility and an unconstitutional taking. He requested a one-year extension.
  • Board Questions (Primarily Mr. Trainer): Mr. Holmes was questioned extensively about the timeline. He acknowledged he had not obtained a building permit within the initial year or the extension provided by the county. Board members raised concerns about the property's prolonged dilapidated state and environmental hazard.
  • County's Position (Kelly Palmer & Jason Groth): The county argued the code is unambiguous (abandoned after one year of non-use), citing Canada's Tavern and Sizemore, which hold that intent is irrelevant when a statute dictates abandonment. Mr. Groth acknowledged the county had erroneously tried to work with the applicant, creating an equitable argument, but strictly recommended denial. As an equitable alternative, he suggested a final, strict deadline for the applicant to obtain the building permit.
  • Outcome: The public record was closed. A decision on the appeal was deferred to the board's next meeting.
• Docket 1475 – Sheets at Pembroke Square (Special Exception):
  • Staff Recommendation: Planning staff recommended approval for a 6,132 square foot convenience store with 10 fueling positions and 5 EV charging stations, finding full compliance with the zoning code.
  • Parking Discrepancy: A discrepancy in the applicant's documents (71 spaces vs. staff's calculation) was clarified by the applicant's engineer, Ken Krause, who confirmed the plan provides 57 parking spaces.
  • Public Necessity Test: The zoning officer's interpretation that a public necessity test was not required for the proposed 10 fueling positions was discussed. The board acknowledged the interpretation was reasonable and did not override it.
  • Conditions & Impact: The board refined Condition #2 to explicitly require the proposed right-in/right-out access on US 301. Traffic engineer Angel Sanchez assured the board that mitigated impacts were predicted only at the 301/St. Patrick's Drive intersection.
  • Redevelopment Context: The application was presented as the front door to the redevelopment of Pembroke Square, which had suffered from 70% vacancy.
  • Outcome: The record was closed. The special exception was unanimously approved subject to six conditions (five from the staff report plus a condition requiring a signed consistency analysis from the applicant within 10 days).

Key Outcomes

• D&O 1468 (NS Pool): Approved (4-1). Mr. Trainer dissented.
• D&O 1477 (Mona): Approved as amended (4-2). Chair Humbert and Mr. Grindle dissented.
• Chair & Vice Chair: Incumbents were re-elected unanimously.
• Docket 1459 (River's Edge): Record closed. Decision deferred to the board's next meeting.
• Docket 1475 (Sheets at Pembroke): Special Exception approved. Motion carried with six conditions.