Charles County Board of Appeals Meeting – June 9, 2026

The Charles County Board of Appeals met on Tuesday, June 9, 2026, at 4:00 PM to consider one case: Docket 1059, the renewal of a special exception for Wicomico MX and ATV LLC to operate an all-terrain vehicle park at 11100 Kensington Place, Charlotte Hall. The board also approved minutes, adopted findings for prior dockets, and extended certain decision deadlines. After hearing staff, the applicant, and two public speakers, the board voted to renew the special exception for five years with additional conditions.

Consent Calendar

• The board approved the agenda for June 9, 2026, by unanimous voice vote.
• The board approved the meeting minutes from May 12, 2026, also unanimously.

Public Comments & Testimony

• Joseph Kubican (2313 Bel Air Drive, Bowie, MD) stated he does not oppose the use but objected to the renewal until the applicant resolves an encroachment issue. He claimed that the facility’s entrance (on Kingston Place) extends onto his property by approximately 12 feet, based on a survey he provided. He noted that a certified letter sent to the previous owner about the encroachment was never picked up. He urged the board to require the applicant to correct the encroachment before renewal.
• Diana Martin (2313 Bel Air Drive, Bowie, MD; co-owner of the same property as Kubican) echoed her brother’s concerns about encroachment and added complaints about noise, trash, and environmental issues (e.g., dumping of sewer, beer bottles). She stated that over 250 vehicles have been on site and that the noise makes the adjoining land unbuildable. She requested the board address the encroachment and noise before renewal.

Discussion Items

• Docket 1059 – Wicomico MX and ATV LLC Special Exception Renewal
  • Staff Presentation: Planner Tatiana Anderson summarized the application for renewal of an automobile and motorcycle racing track (ATV park) on 257 acres in the Agricultural Conservation (AC) zone. The special exception was originally approved in 2002 and renewed multiple times (2004, 2010, 2015, 2021). Staff recommended approval subject to seven conditions from the staff report. Anderson noted that a permanent bathroom is required by the next renewal and a perk test application has been submitted.
  • Board Questions for Staff: Board members asked about noise measurement history. Staff stated there was no documented scientific noise study in the record, though previous approvals included subjective observations. The board expressed concern about the lack of formal decibel testing.
  • Applicant Testimony: Geneva Ward (trustee for James J. Long Jr. Revocable Trust) requested renewal, stating the facility operates safely and in compliance. She noted that the average attendance is 40–50 vehicles on typical days, with peak days (about eight per year) reaching around 100 vehicles. The active track area is about 35–50 acres, with no homes within 1,000 feet. Ward acknowledged a noise study was not submitted but expressed willingness to conduct one.
  • Board Deliberation: Member Timothy Trainer moved to approve the renewal for five years but added a requirement that the applicant submit a professional noise study within six months to confirm compliance with the 60 decibel (constant) and 75 decibel (peak) limits. The motion was amended to include a standard renewal condition (option to apply for further extension before expiration). The board declined to address the encroachment issue, citing lack of authority, and closed the record.

Key Outcomes

• Docket 1059 Renewal Granted: The board voted unanimously to renew the special exception for five years, subject to conditions including:
  • Compliance with all conditions from the staff report (conditions 2–7).
  • Submission of a noise study within six months meeting state and county noise standards.
  • Standard renewal language allowing the applicant to apply for a further extension before the five-year term expires.
• Adoption of Findings for Dockets 1480 and 1481: The board unanimously approved the facts, findings, and decision orders for Heritage Cemetery variance and critical area permits.
• Extension of 60-Day Timeline: To remain within procedural requirements, the board extended the deadline for adopting decision orders for Dockets 1459, 1474, 1483, and 1484 to 90 days.
• Board Rules & Procedures: The clerk received two submissions; the board deferred further review to the next meeting on July 14, 2026, with a two-week extension for member input.