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foreign

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[Music]

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are you ready

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um Hello everybody welcome

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um this is the board of appeals meeting

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uh 7 P.M September 19th 2023. uh we are

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here to hear case number 2023-03

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um we will begin with our roll call of

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the members present

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um I will ask if you're present please

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respond informatively uh Mr Paul Doherty

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president Miss Amy Everett

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Stephen sharp present I am Jody Hoon

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star

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chair uh we are also joined by town

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clerk Sharon hum and legal counsel Fred

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Sussman at this point I'll pass it to

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Sharon for confirmation of posting and

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any documents entered into the record

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in the matter of the application for

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case number

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2023-03 rod and reel Inc Donovan

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estate's LLC I caused to be published in

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the southern Maryland News newspaper a

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notice of the public Hearing in this

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case the three consecutive weeks

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beginning Friday September 1st

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continuing Friday September 8th and

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Friday September 15th on August 24

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2023 I transmitted to the Planning

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Commission notice of time and place with

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a copy of application on August 24 2023

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I mailed by registered mail notice to

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the applicant and adjoining property

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owners of said properties involved in

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the case and signs giving notice of said

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case were posted on said properties

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August 29 2023 by the Department of

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Public Works

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yeah

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um at this point do you have a affidavit

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to enter into the record yes I do yes I

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do

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yes that'll be exhibit one okay it's a

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bit one

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foreign

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okay in that case uh we will begin with

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case 2020 303 to consider an application

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from Rod and Reel Inc or Donovan Estates

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LLC of 4160 Mears Avenue Chesapeake

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Beach uh for a decision on

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interpretation or alleged error

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um to article uh six of the Chesapeake

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Beach zoning ordinance uh and some

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sections of the Chesapeake Beach Town

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Charter applicant requests the

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Chesapeake Beach zoning board of appeals

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to quote order of the zoning

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administrator and planning and zoning

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commission to immediately commence and

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prioritize the processing and review of

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the relevant site plans submitted by Rod

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and Reel Inc and Donovan Estates and

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that the zoning administrator and

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planning and zoning commission be

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ordered to apply the zoning ordinances

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in effect as of January 29 2021 when the

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applications were submitted and for

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other such and further relief as the

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nature of their cause requires at this

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point I will pass it to Mr Blitz

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representing rod and reel and Donovan

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Estates

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oh apologies one note

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um in the event that the presentation

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here tonight extends past 8 30 PM we

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will adjourn this session to resume

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October 30th 7 pm at this point in time

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we don't know how long it will take to

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hear the full presentations and to

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receive public comments it may be one or

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more evenings if you have provided your

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contact information on the sign-in sheet

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be aware that you may not have the

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opportunity to speak this evening

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now Mr Blitz if you please

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thank you

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um members of the board

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chair uh my name is Eric Blitz I

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represent the rod and reel Inc in

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Donovan Estates LLC Donovan Estates LLC

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is a wholly owned subsidiary of Rod and

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Reel so throughout this hearing I'll

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basically just be referring to the rod

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and reel as that's the real party in

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interest in moving forward in this case

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um

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I'm going to sit down just to make sure

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I'm closer to the mic if that's okay

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with you

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[Music]

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um quick question on just process

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do we need to

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have Mr pounds entered in as

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representing a party at this time

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all right pardon is Mr pounds here to

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represent a party and if so should he be making a statement in the

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beginning of the case that he is

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I'm following the instructions of the

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chair and the chair instructed this uh I

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mean when it's time my turn I certainly

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will enter my appearance just for the

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record on Todd pounds

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I'm the town attorney and uh I will be I

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will be speaking when I'm addressed

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for the record

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there's a record being made of this so

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that are we supposed to hear it or what

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no I'm sorry you can't hear it I'll try

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to speak up as loudly microphones

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it was don't aren't for broadcast

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they're just for the record all right

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um by way of introduction I'll summarize

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uh the issues and some of the key

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evidentiary points uh you will hear in

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this case uh to give you some background

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um context for the information we will

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present to you tonight

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um

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as the chair noted this is an appeal

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alleging error by the Planning and

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Zoning commission and the zoning

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administrator

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um in failing or refusing to review

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properly filed site plans for five

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properties owned by the rod and reel

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the rationale for their refusal was a

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Reliance upon an invalid moratorium that

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purported to Halt the processing of some

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category one site plans uh and then

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later when the moratorium had obviously

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expired

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um and they had spent countless time and

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energy on explaining

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um and promoting the moratorium as a

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temporary

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um moratorium and only for a discernible

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duration

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um they apparently changed their

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argument and took the position that the

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moratorium was in fact indefinite

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um we will just demonstrate why the

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attempt at passing a moratorium on site

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plans review was invalid and therefore

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they were in error in relying upon it uh

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to deny uh the rod and reel site review

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applications

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um we'll also show how absurd the later

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position is that the moratorium was

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indefinite

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um and therefore subject to their

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discretion to turn out

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um how long it would be

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um we're going to show how the

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obligation to process site plan

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applications when they are submitted is

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a mandatory obligation on their part on

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the part of the administrators that's

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the zoning administrator and the

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Planning and Zoning Commission

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and not something that can simply be

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removed by simple resolutions of the

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Town Council

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um then if after considering all the

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evidence that we will produce uh for you

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that demonstrates that their Reliance on

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the purported moratorium uh was legally

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faulty we will demonstrate that the harm

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caused by this failure is a good reason

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for this board to exercise its appeal

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Authority in a responsible fashion

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um we will be asking you to

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find that the refusal

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of both the zoning administrator and the

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Planning and Zoning commission to

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process the site plans to have been in

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air but

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that in the just responsible I'm sorry

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the just and responsible response to

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this is to exercise your Authority

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um to order the site plans to be

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reviewed

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um with the law in effect at the time uh

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that therefore the the site plans would

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have proceeded in January of

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2021

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um but for this uh erroneous

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interpretation and Reliance on the

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moratorium

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um but before we get to the request

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relief we need to establish the

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administrative agents namely the zoning

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administrator and the Planning and

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Zoning Commission

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we're in air

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um

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so unlike your more typical variance

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case or special exception case

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um in this case you were determining if

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there it was an error on the part of the

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zoning administrator and the Planning

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and Zoning commission and then crafting

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your relief uh this makes this appeal

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more like a legal hearing uh than you

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may be used to and I will try to go slow

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in explaining my Reliance on certain

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statutes and cases

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um

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we have lots of exhibits to demonstrate

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the factual points that I'll rely upon

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um

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I've I've prepared booklets that I'll

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hand out to each of you for all of the

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exhibits that doesn't necessarily mean

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they're in the record but that way

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Council and each of you can look at the

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exhibits as I talk to them rather

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because they'll be handed just one the

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official exhibit and I've provided a

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copy to uh Mr pounds

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[Music]

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closer to them like I will try yes but

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that's not going to help you here

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oh do you okay

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let me bring it closer then

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how's that

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yes great

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um similarly I'll be asking you to

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consider the impact of various statutes

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and code sections and even some case law

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and I'll hand out that binder so let's

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get started the first three exhibits are

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pro forma introductions to make sure

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they're in the record

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um the first is the zoning applications

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I mean the application for appeal that's

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filed in this case

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um so that would be

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submitted it as I believe exhibit two

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and let me go ahead and hand out those

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binders

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and why it was really

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good

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what's that

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really that's Town Council

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so the black binders

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[Music]

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foreign

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ERS are the exhibits

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file

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apologize

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[Music]

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and Mr chair just for procedural

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purposes uh I also had no objection to

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the uh affidavit as far as exhibit one

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uh I and and as far as exhibit two which

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is just the application but many of the

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exhibits I'm going to be objected to as

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we go forward

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so at this time I would ask Mr pounds to

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identify who he's representing in this

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case

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I am uh I've been asked to uh present

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the position of the town as released

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this application so in essence I am the

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town attorney uh I'm not acting as a

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town attorney even though I am the town

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attorney Town attorney uh and I may have

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that capacity but primarily uh since the

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uh zoning administrator as all of you

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know that uh has resigned and he's taken

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another position the town does not

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presently have a current zoning

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administrator uh which they've recently

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been hired and moving forward but they

286
00:15:25,740 --> 00:15:27,660
have not uh been up to speed with regard

287
00:15:27,660 --> 00:15:30,120
to any of these projects whatsoever so

288
00:15:30,120 --> 00:15:32,100
um uh as a result I'm the one who's

289
00:15:32,100 --> 00:15:34,760
presenting this uh on behalf of the town

290
00:15:34,760 --> 00:15:37,260
uh much of what and I'm going to be

291
00:15:37,260 --> 00:15:39,839
saying much about Mr Blitz as said

292
00:15:39,839 --> 00:15:41,579
earlier we're going to be objecting to

293
00:15:41,579 --> 00:15:43,380
and that we believe is completely

294
00:15:43,380 --> 00:15:45,420
incorrect so

295
00:15:45,420 --> 00:15:46,560
um obviously we're going to follow

296
00:15:46,560 --> 00:15:48,720
whatever procedure the chair wants to

297
00:15:48,720 --> 00:15:50,579
follow with regard to the hearing and so

298
00:15:50,579 --> 00:15:51,720
I'm

299
00:15:51,720 --> 00:15:53,940
you know I guess

300
00:15:53,940 --> 00:15:55,920
since he had an opening statement right

301
00:15:55,920 --> 00:15:57,779
into his case uh we did not have an

302
00:15:57,779 --> 00:15:59,040
opening statement but we're going to

303
00:15:59,040 --> 00:16:00,120
follow the instructions on the chair

304
00:16:00,120 --> 00:16:05,210
thank you Mr chair so my question is

305
00:16:05,220 --> 00:16:06,839
yeah

306
00:16:06,839 --> 00:16:08,100
sorry

307
00:16:08,100 --> 00:16:10,440
so my question is

308
00:16:10,440 --> 00:16:13,560
the Town Administrator and the Planning

309
00:16:13,560 --> 00:16:14,820
and Zoning commission or the Apple

310
00:16:14,820 --> 00:16:16,560
leaves in this case

311
00:16:16,560 --> 00:16:19,440
and then you can also represent the

312
00:16:19,440 --> 00:16:21,300
mayor and Town Council who can join this

313
00:16:21,300 --> 00:16:23,639
case under the law as parties so I'm

314
00:16:23,639 --> 00:16:25,620
trying to figure out and establish for

315
00:16:25,620 --> 00:16:26,699
the record

316
00:16:26,699 --> 00:16:28,139
are you representing the Planning and

317
00:16:28,139 --> 00:16:30,959
Zoning commission all all of them the

318
00:16:30,959 --> 00:16:32,519
Planning and Zoning commission and the

319
00:16:32,519 --> 00:16:34,440
zoning administrator and the mayor and

320
00:16:34,440 --> 00:16:36,720
Town Council the record

321
00:16:36,720 --> 00:16:39,779
filed an appeal in this case we are that

322
00:16:39,779 --> 00:16:41,399
is only thing that is that is going to

323
00:16:41,399 --> 00:16:43,980
be heard with regard to this uh review

324
00:16:43,980 --> 00:16:46,920
by the board of appeals only your appeal

325
00:16:46,920 --> 00:16:50,160
so with regard to uh who I represent I'm

326
00:16:50,160 --> 00:16:52,199
representing the town has released to

327
00:16:52,199 --> 00:16:53,759
this appeal that's all it's going to be

328
00:16:53,759 --> 00:16:55,800
heard by this board and that's who I

329
00:16:55,800 --> 00:16:58,019
represent

330
00:16:58,019 --> 00:16:59,040
so

331
00:16:59,040 --> 00:17:00,660
just for the record I'm trying to

332
00:17:00,660 --> 00:17:02,220
identify who the parties to the case are

333
00:17:02,220 --> 00:17:04,439
uh their Autumn they're automatically

334
00:17:04,439 --> 00:17:06,660
not the case this is simply an appeal

335
00:17:06,660 --> 00:17:08,880
any any other case that may have been in

336
00:17:08,880 --> 00:17:11,640
court or any other place that is not

337
00:17:11,640 --> 00:17:13,679
those parties are separate and distinct

338
00:17:13,679 --> 00:17:15,839
from what is going here tonight what is

339
00:17:15,839 --> 00:17:17,699
going on here tonight is you filed an

340
00:17:17,699 --> 00:17:19,679
appeal and that's what is being

341
00:17:19,679 --> 00:17:22,500
addressed is your appeal that's it so Mr

342
00:17:22,500 --> 00:17:24,480
pounce you can't say that you represent

343
00:17:24,480 --> 00:17:26,339
the town you need to identify who you

344
00:17:26,339 --> 00:17:28,620
represent there are

345
00:17:28,620 --> 00:17:31,200
four options Mr but you have my answer

346
00:17:31,200 --> 00:17:33,780
please proceed well I'm going to direct

347
00:17:33,780 --> 00:17:36,179
this thing to the board

348
00:17:36,179 --> 00:17:38,640
the Planning and Zoning Commission and

349
00:17:38,640 --> 00:17:40,559
the zoning administrator are those who

350
00:17:40,559 --> 00:17:42,900
we allege that committed error

351
00:17:42,900 --> 00:17:44,940
they are automatically

352
00:17:44,940 --> 00:17:47,280
parties to this appeal and can be

353
00:17:47,280 --> 00:17:48,840
represented

354
00:17:48,840 --> 00:17:51,299
in addition the mayor and Town Council

355
00:17:51,299 --> 00:17:53,760
have the right to join this case as

356
00:17:53,760 --> 00:17:55,679
parties themselves

357
00:17:55,679 --> 00:17:58,200
I'm trying to identify

358
00:17:58,200 --> 00:18:00,000
because Mr pounds has just said he

359
00:18:00,000 --> 00:18:02,580
represents the town which isn't unless

360
00:18:02,580 --> 00:18:04,080
he's saying he represents the mayor in

361
00:18:04,080 --> 00:18:05,820
Town Council

362
00:18:05,820 --> 00:18:07,620
isn't a thing there's these are the

363
00:18:07,620 --> 00:18:09,360
parties the potential parties that Mr

364
00:18:09,360 --> 00:18:14,810
pounds could represent

365
00:18:14,820 --> 00:18:17,760
just let you filed an appeal yes and the

366
00:18:17,760 --> 00:18:19,620
appeal is before the board of appeals

367
00:18:19,620 --> 00:18:22,860
and and I am presenting the case on

368
00:18:22,860 --> 00:18:24,720
behalf of the Town through the board of

369
00:18:24,720 --> 00:18:28,870
appeals that's it

370
00:18:28,880 --> 00:18:30,900
the town

371
00:18:30,900 --> 00:18:32,760
you mean the corporate body of the town

372
00:18:32,760 --> 00:18:36,120
of Chesapeake Beach it's you know are we

373
00:18:36,120 --> 00:18:37,860
going to stay here all night that's fine

374
00:18:37,860 --> 00:18:40,740
the reason I'm asking is we have to know

375
00:18:40,740 --> 00:18:46,430
who are parties to this appeal this is

376
00:18:46,440 --> 00:18:48,260
huh

377
00:18:48,260 --> 00:18:51,240
the we know that don't don't direct

378
00:18:51,240 --> 00:18:54,059
comments to

379
00:18:54,059 --> 00:18:55,799
the Planning and Zoning commission and

380
00:18:55,799 --> 00:18:57,360
the zoning administrator are the people

381
00:18:57,360 --> 00:18:59,460
that the rod and reel alleged commit

382
00:18:59,460 --> 00:19:01,919
error and therefore they're the applese

383
00:19:01,919 --> 00:19:04,080
we're the appellants in this case

384
00:19:04,080 --> 00:19:06,539
so they're automatically parties I don't

385
00:19:06,539 --> 00:19:09,360
know whether Mr pounds represents them

386
00:19:09,360 --> 00:19:11,580
or whether he's trying to introduce and

387
00:19:11,580 --> 00:19:14,460
represent the mayor in Town Council

388
00:19:14,460 --> 00:19:16,620
who do have the right to join this as

389
00:19:16,620 --> 00:19:18,720
parties but we should we have to let the

390
00:19:18,720 --> 00:19:20,640
record reflect who the parties to this

391
00:19:20,640 --> 00:19:23,039
appeal are in addition anybody that

392
00:19:23,039 --> 00:19:24,900
testifies in this case under Maryland

393
00:19:24,900 --> 00:19:27,480
law becomes a party because they get a

394
00:19:27,480 --> 00:19:30,120
notice if this goes to subsequent

395
00:19:30,120 --> 00:19:31,919
um appeals and courts and things like

396
00:19:31,919 --> 00:19:34,080
that and so that's why you have them

397
00:19:34,080 --> 00:19:36,780
sign up so you have their information so

398
00:19:36,780 --> 00:19:38,580
we have to identify who the parties are

399
00:19:38,580 --> 00:19:39,900
and I'm trying to find out whether the

400
00:19:39,900 --> 00:19:41,340
mayor and Town Council or parties to

401
00:19:41,340 --> 00:19:42,559
this case

402
00:19:42,559 --> 00:19:45,840
at this point your clients are the going

403
00:19:45,840 --> 00:19:48,549
parties

404
00:19:48,559 --> 00:19:53,039
there's no process for Apple leaves in

405
00:19:53,039 --> 00:19:55,440
an adversarial role

406
00:19:55,440 --> 00:20:02,400
uh if if Mr Townes uh determined to

407
00:20:02,400 --> 00:20:05,820
speak or offer evidence he will I hope

408
00:20:05,820 --> 00:20:08,820
identify who he's offering that evidence

409
00:20:08,820 --> 00:20:12,900
for and at that point in time uh

410
00:20:12,900 --> 00:20:16,620
that individual or those individuals of

411
00:20:16,620 --> 00:20:19,500
that group may as a matter of all become

412
00:20:19,500 --> 00:20:23,039
a party but they may not okay the reason

413
00:20:23,039 --> 00:20:24,780
I asked at the beginning was he was

414
00:20:24,780 --> 00:20:26,400
mentioning that he's maybe making

415
00:20:26,400 --> 00:20:28,440
objections for him to make objections he

416
00:20:28,440 --> 00:20:32,330
has to represent a party

417
00:20:32,340 --> 00:20:34,380
okay I'll proceed

418
00:20:34,380 --> 00:20:37,860
we typically allow on this board the

419
00:20:37,860 --> 00:20:39,000
petitioner to do their entire

420
00:20:39,000 --> 00:20:41,720
presentation and have never heard

421
00:20:41,720 --> 00:20:43,980
objections at the time the statements

422
00:20:43,980 --> 00:20:45,780
were made I'm not saying that I'm not

423
00:20:45,780 --> 00:20:48,360
open to that if that's how you would

424
00:20:48,360 --> 00:20:50,520
recommend proceeding we have never done

425
00:20:50,520 --> 00:20:52,679
it

426
00:20:52,679 --> 00:20:54,120
um I guess I will leave that question

427
00:20:54,120 --> 00:20:56,220
open why don't you proceed with your

428
00:20:56,220 --> 00:20:58,260
presentation and assume that no

429
00:20:58,260 --> 00:20:59,700
interruptions or objections will come

430
00:20:59,700 --> 00:21:01,919
and if it does

431
00:21:01,919 --> 00:21:03,120
what yeah

432
00:21:03,120 --> 00:21:06,590
thank you

433
00:21:06,600 --> 00:21:08,160
so

434
00:21:08,160 --> 00:21:10,140
we've got the application we're just

435
00:21:10,140 --> 00:21:12,299
doing the pro formas right now so the

436
00:21:12,299 --> 00:21:15,299
second one is that I'm offering would be

437
00:21:15,299 --> 00:21:28,730
exhibit three and this represents uh

438
00:21:28,740 --> 00:21:32,640
and we start early I don't know how a an

439
00:21:32,640 --> 00:21:34,860
order of the Court would have any uh

440
00:21:34,860 --> 00:21:36,360
really binding or any type of

441
00:21:36,360 --> 00:21:39,419
governments as to what the board is

442
00:21:39,419 --> 00:21:41,700
going to be you know seeking

443
00:21:41,700 --> 00:21:44,400
um uh or what what the questions are

444
00:21:44,400 --> 00:21:46,740
going to be addressing so uh this is a

445
00:21:46,740 --> 00:21:49,320
this is we're here based on appeal

446
00:21:49,320 --> 00:21:52,620
um and so I obviously I think it's going

447
00:21:52,620 --> 00:21:54,299
to be the relevance would be up the

448
00:21:54,299 --> 00:21:56,880
council into the Mr chair but we're

449
00:21:56,880 --> 00:21:58,140
going to start right out there how

450
00:21:58,140 --> 00:21:59,520
that's going to be relevant these

451
00:21:59,520 --> 00:22:01,020
proceedings for the purpose of while

452
00:22:01,020 --> 00:22:02,940
we're here I have no idea that that's

453
00:22:02,940 --> 00:22:06,960
not good Mr Blitz I think I take issue

454
00:22:06,960 --> 00:22:09,600
with your characterization that is the

455
00:22:09,600 --> 00:22:12,179
opinion the order of the court in this

456
00:22:12,179 --> 00:22:14,460
case this case is an administrative

457
00:22:14,460 --> 00:22:18,960
appeal and is not uh part of the

458
00:22:18,960 --> 00:22:20,820
judicial proceeding that was decided a

459
00:22:20,820 --> 00:22:23,580
number of months ago so let me make my

460
00:22:23,580 --> 00:22:25,679
argument for why it should be

461
00:22:25,679 --> 00:22:27,480
number one

462
00:22:27,480 --> 00:22:29,520
um as you'll hear tonight uh improper

463
00:22:29,520 --> 00:22:31,679
delay using an arbitrary and capricious

464
00:22:31,679 --> 00:22:33,419
denial of procedural rights guaranteed

465
00:22:33,419 --> 00:22:35,760
by Maryland law and town laws is a big

466
00:22:35,760 --> 00:22:38,039
part of the rationale for this appeal

467
00:22:38,039 --> 00:22:40,740
paragraph two page one of the order

468
00:22:40,740 --> 00:22:43,080
directs the portion of this board's

469
00:22:43,080 --> 00:22:44,220
process

470
00:22:44,220 --> 00:22:46,799
you are under a court order to do it

471
00:22:46,799 --> 00:22:48,780
according to that process

472
00:22:48,780 --> 00:22:51,179
the court found that the rodent real Inc

473
00:22:51,179 --> 00:22:53,700
was an agree a grieved party

474
00:22:53,700 --> 00:22:56,220
which is a prerequisite requirement for

475
00:22:56,220 --> 00:22:58,919
the appeal to this board and you can see

476
00:22:58,919 --> 00:23:02,700
that uh in the his finding on page 14 of

477
00:23:02,700 --> 00:23:04,020
the original order

478
00:23:04,020 --> 00:23:05,880
the court found that the rod and reel

479
00:23:05,880 --> 00:23:07,799
had filed its application in a timely

480
00:23:07,799 --> 00:23:11,400
manner that also is subject in this case

481
00:23:11,400 --> 00:23:14,280
and it's it's important for this board

482
00:23:14,280 --> 00:23:17,460
who is under this court order to know

483
00:23:17,460 --> 00:23:20,220
that and see the the rationale of the

484
00:23:20,220 --> 00:23:22,679
Court the court order specifies

485
00:23:22,679 --> 00:23:25,380
procedural conduct required of this

486
00:23:25,380 --> 00:23:28,020
board with respect to this case in its

487
00:23:28,020 --> 00:23:29,880
final paragraph of the order which

488
00:23:29,880 --> 00:23:32,159
should be memorialized in the record of

489
00:23:32,159 --> 00:23:34,500
the appeal as it forms a part of the law

490
00:23:34,500 --> 00:23:38,340
of the case so I think it's I think it's

491
00:23:38,340 --> 00:23:40,020
quite obvious that it needs to come into

492
00:23:40,020 --> 00:23:42,539
the order you are being directed by a

493
00:23:42,539 --> 00:23:44,100
judge to hold this hearing in a certain

494
00:23:44,100 --> 00:23:46,200
way with procedures dictated by the

495
00:23:46,200 --> 00:23:48,419
court order that should be brought into

496
00:23:48,419 --> 00:23:50,580
the record I'm not disputing that but

497
00:23:50,580 --> 00:23:53,220
with the only thing I was disputing was

498
00:23:53,220 --> 00:23:57,120
your characterization that that order is

499
00:23:57,120 --> 00:24:00,539
an order in this case I apologize if I

500
00:24:00,539 --> 00:24:01,799
said that I didn't mean to say that

501
00:24:01,799 --> 00:24:03,480
that's what I was questioning I

502
00:24:03,480 --> 00:24:06,240
apologize for Mr Sussman um I just

503
00:24:06,240 --> 00:24:08,700
misheard you and didn't realize what you

504
00:24:08,700 --> 00:24:10,980
were saying

505
00:24:10,980 --> 00:24:13,080
so help we've taken care of the

506
00:24:13,080 --> 00:24:13,980
admission

507
00:24:13,980 --> 00:24:15,840
because I don't think it's been ruled

508
00:24:15,840 --> 00:24:17,940
upon I mean so my question now is Mr

509
00:24:17,940 --> 00:24:20,220
pounds is making an objection he needs

510
00:24:20,220 --> 00:24:24,950
to identify which party he represents

511
00:24:24,960 --> 00:24:27,559
I would agree with that okay basically

512
00:24:27,559 --> 00:24:31,799
uh you know well the parties in this

513
00:24:31,799 --> 00:24:33,780
case okay we're talking about this case

514
00:24:33,780 --> 00:24:37,080
as opposed to you know any other case

515
00:24:37,080 --> 00:24:39,299
the court case or anything like that is

516
00:24:39,299 --> 00:24:40,799
the town of Chesapeake Beach because

517
00:24:40,799 --> 00:24:43,860
that that is the party here uh which is

518
00:24:43,860 --> 00:24:46,140
the part the other two parties in the

519
00:24:46,140 --> 00:24:48,000
court case are not going to be part of

520
00:24:48,000 --> 00:24:50,039
this case so as it applies to the town

521
00:24:50,039 --> 00:24:53,159
of Chesapeake Beach that was not a party

522
00:24:53,159 --> 00:24:57,840
to the court case therefore uh uh how is

523
00:24:57,840 --> 00:25:00,120
any Court decision would have been on

524
00:25:00,120 --> 00:25:01,740
those parties are different than

525
00:25:01,740 --> 00:25:03,360
whatever they would be going on with

526
00:25:03,360 --> 00:25:06,960
regard to anything on this matter okay

527
00:25:06,960 --> 00:25:09,179
which is in essence on behalf of the

528
00:25:09,179 --> 00:25:12,240
town so uh as a result the relevance on

529
00:25:12,240 --> 00:25:15,419
behalf of the Town becomes it means that document becomes completely

530
00:25:15,419 --> 00:25:18,299
irrelevant so I would object because the

531
00:25:18,299 --> 00:25:20,700
town has a corporate body can't be a

532
00:25:20,700 --> 00:25:21,960
party

533
00:25:21,960 --> 00:25:23,400
to this case

534
00:25:23,400 --> 00:25:25,260
the people that can be a party to this

535
00:25:25,260 --> 00:25:26,100
case

536
00:25:26,100 --> 00:25:27,360
are

537
00:25:27,360 --> 00:25:28,740
the mayor

538
00:25:28,740 --> 00:25:31,140
the Town Council

539
00:25:31,140 --> 00:25:33,840
the Planning and Zoning administrator

540
00:25:33,840 --> 00:25:37,559
and the planning on zoning Commission

541
00:25:37,559 --> 00:25:39,539
I need to know

542
00:25:39,539 --> 00:25:41,039
if Mr pounds is going to be here

543
00:25:41,039 --> 00:25:42,179
representing somebody as an attorney

544
00:25:42,179 --> 00:25:43,919
whether he represents any of those four

545
00:25:43,919 --> 00:25:45,900
parties so that we know that whether

546
00:25:45,900 --> 00:25:49,320
they are parties of record in this case

547
00:25:49,320 --> 00:25:52,140
you know and then then okay and then the

548
00:25:52,140 --> 00:25:54,059
council wants to keep you know going

549
00:25:54,059 --> 00:25:56,640
back and forth here's the problem the

550
00:25:56,640 --> 00:25:58,980
problem is is that exhibit two the

551
00:25:58,980 --> 00:26:01,679
application Zuni board of appeals town

552
00:26:01,679 --> 00:26:04,140
of Chesapeake Beach doesn't say anything

553
00:26:04,140 --> 00:26:06,659
about any other parties or anything his

554
00:26:06,659 --> 00:26:09,120
application that he filed that he

555
00:26:09,120 --> 00:26:11,760
introduced says the town of Chesapeake

556
00:26:11,760 --> 00:26:14,460
Beach not any other parties this is his

557
00:26:14,460 --> 00:26:18,179
document his appeal so therefore uh you

558
00:26:18,179 --> 00:26:20,159
know by his own document he wants to try

559
00:26:20,159 --> 00:26:22,380
to switch it and turn it and change it

560
00:26:22,380 --> 00:26:24,419
the problem is that he's the one that

561
00:26:24,419 --> 00:26:26,159
presented the application he's the one

562
00:26:26,159 --> 00:26:27,659
who filled it out he's the one who

563
00:26:27,659 --> 00:26:28,799
presented this

564
00:26:28,799 --> 00:26:31,380
he's stuck with his own document

565
00:26:31,380 --> 00:26:34,440
so respectfully

566
00:26:34,440 --> 00:26:37,080
I'm not trying to by introducing the

567
00:26:37,080 --> 00:26:39,360
order change who the parties are the

568
00:26:39,360 --> 00:26:41,220
parties right now

569
00:26:41,220 --> 00:26:43,500
or the rod and reel because I understand

570
00:26:43,500 --> 00:26:47,810
it as as an appellant

571
00:26:47,820 --> 00:26:49,740
by introducing the order all I'm doing

572
00:26:49,740 --> 00:26:52,320
is telling putting into evidence for you

573
00:26:52,320 --> 00:26:54,960
what the court found with respect to the

574
00:26:54,960 --> 00:26:56,820
procedures that are required in this

575
00:26:56,820 --> 00:26:59,460
board of appeals hearing in this case

576
00:26:59,460 --> 00:27:02,279
and the rationale for that that doesn't

577
00:27:02,279 --> 00:27:03,960
change the parties

578
00:27:03,960 --> 00:27:07,320
but for an attorney to represent someone

579
00:27:07,320 --> 00:27:10,080
here and make objections they have to

580
00:27:10,080 --> 00:27:12,240
say who they represent and it can't be a

581
00:27:12,240 --> 00:27:13,740
corporate body as far as I know I've

582
00:27:13,740 --> 00:27:17,159
never heard of the corporate body of

583
00:27:17,159 --> 00:27:19,980
Chesapeake Beach being the party in a

584
00:27:19,980 --> 00:27:24,230
board of appeals case in a zoning case

585
00:27:24,240 --> 00:27:27,720
I mean perhaps they could but it I

586
00:27:27,720 --> 00:27:30,960
that's when you you filed it okay

587
00:27:30,960 --> 00:27:33,120
and that's what the document says you

588
00:27:33,120 --> 00:27:35,460
filed it this is what it says and of

589
00:27:35,460 --> 00:27:38,220
course the a corporation can have a

590
00:27:38,220 --> 00:27:39,779
presentation through the attorney that's

591
00:27:39,779 --> 00:27:42,179
what a corporation does I mean this is

592
00:27:42,179 --> 00:27:44,940
this isn't anything new that you're this

593
00:27:44,940 --> 00:27:48,120
is your uh this is your appeal you filed

594
00:27:48,120 --> 00:27:50,760
it you're stuck with it I don't know

595
00:27:50,760 --> 00:27:52,320
what you think I'm stuck with all I've

596
00:27:52,320 --> 00:27:55,140
done is is gone to court to force the

597
00:27:55,140 --> 00:27:57,059
board to hear this case

598
00:27:57,059 --> 00:27:59,700
and one

599
00:27:59,700 --> 00:28:03,419
and then we're holding the case

600
00:28:03,419 --> 00:28:05,640
we're the party now

601
00:28:05,640 --> 00:28:10,200
we're complaining about only the conduct

602
00:28:10,200 --> 00:28:11,640
of the Planning and Zoning commission

603
00:28:11,640 --> 00:28:14,700
and the zoning administrator

604
00:28:14,700 --> 00:28:16,500
because we wouldn't be able to challenge

605
00:28:16,500 --> 00:28:19,440
directly into the board of appeals

606
00:28:19,440 --> 00:28:22,559
the conduct of the town or the Town

607
00:28:22,559 --> 00:28:23,760
Council

608
00:28:23,760 --> 00:28:26,760
but they are entitled to represent

609
00:28:26,760 --> 00:28:29,700
themselves and join a zoning case

610
00:28:29,700 --> 00:28:32,580
and in doing so it has nothing to do

611
00:28:32,580 --> 00:28:34,919
with that order I'm not trying to make

612
00:28:34,919 --> 00:28:36,480
that order change who the parties are

613
00:28:36,480 --> 00:28:38,159
the parties right now are just the board

614
00:28:38,159 --> 00:28:39,360
of appeals we're trying to find out

615
00:28:39,360 --> 00:28:41,279
whether other parties are going to join

616
00:28:41,279 --> 00:28:43,200
by Mr pounds representation

617
00:28:43,200 --> 00:28:45,900
Mr bullets I think Mr pounds has made it

618
00:28:45,900 --> 00:28:48,779
quite clear that he is representing the

619
00:28:48,779 --> 00:28:50,340
corporate entity of the town of pet

620
00:28:50,340 --> 00:28:53,580
Chesapeake Beach and that is the entity

621
00:28:53,580 --> 00:28:56,750
uh

622
00:28:56,760 --> 00:28:59,220
that can move forward and I would

623
00:28:59,220 --> 00:29:03,730
determine that your

624
00:29:03,740 --> 00:29:08,269
opinion in order are invisible

625
00:29:08,279 --> 00:29:12,890
thank you

626
00:29:12,900 --> 00:29:15,779
uh

627
00:29:15,779 --> 00:29:19,500
next is a letter dated August 14th 2023

628
00:29:19,500 --> 00:29:20,880
this is the last of what I would

629
00:29:20,880 --> 00:29:25,070
describe as pro forma introductions

630
00:29:25,080 --> 00:29:28,020
um August 14th 2023.

631
00:29:28,020 --> 00:29:30,600
like the gallery please

632
00:29:30,600 --> 00:29:39,169
um

633
00:29:39,179 --> 00:29:41,640
feed that's required to have this appeal

634
00:29:41,640 --> 00:29:43,620
just getting that into the record

635
00:29:43,620 --> 00:29:45,299
that's why I call them pro forma these

636
00:29:45,299 --> 00:29:46,799
first three are just kind of

637
00:29:46,799 --> 00:29:50,870
need to be sure

638
00:29:50,880 --> 00:29:52,559
so I'm going to begin

639
00:29:52,559 --> 00:29:54,179
um testimony

640
00:29:54,179 --> 00:29:55,200
um

641
00:29:55,200 --> 00:29:57,840
with uh Mr Paul Woodburn um Paul would

642
00:29:57,840 --> 00:30:00,000
you come up to the lectern to answer

643
00:30:00,000 --> 00:30:05,450
these questions so that you can be heard

644
00:30:05,460 --> 00:30:06,720
um

645
00:30:06,720 --> 00:30:09,720
or anybody attending in the in speaking

646
00:30:09,720 --> 00:30:10,980
from the audience Please be aware that

647
00:30:10,980 --> 00:30:12,659
we're going to do a blanket swearing in

648
00:30:12,659 --> 00:30:14,399
right now

649
00:30:14,399 --> 00:30:16,380
um if you come and speak to the lectern

650
00:30:16,380 --> 00:30:21,779
please uh note your name down on uh any sheet along with your name address

651
00:30:21,779 --> 00:30:24,240
and uh who you represent or if you're

652
00:30:24,240 --> 00:30:25,559
speaking on your own behalf obviously

653
00:30:25,559 --> 00:30:27,240
witness

654
00:30:27,240 --> 00:30:28,860
um so for the swearing in for anybody

655
00:30:28,860 --> 00:30:31,080
stepping to lectern please know uh do

656
00:30:31,080 --> 00:30:33,000
you solemnly swear or affirm under the

657
00:30:33,000 --> 00:30:34,440
penalty of perjury that the testimony

658
00:30:34,440 --> 00:30:36,059
you're about to give and the responses

659
00:30:36,059 --> 00:30:37,320
and statements you're about to make

660
00:30:37,320 --> 00:30:39,000
believe the whole truth and nothing but

661
00:30:39,000 --> 00:30:41,899
the truth I do

662
00:30:41,899 --> 00:30:45,950
okay thank you

663
00:30:45,960 --> 00:30:47,520
um

664
00:30:47,520 --> 00:30:50,059
Mr Woodburn um

665
00:30:50,059 --> 00:30:52,440
if Mr woodburns could be testifying he

666
00:30:52,440 --> 00:30:53,940
has a document as we can proceed forward

667
00:30:53,940 --> 00:30:55,559
but if he indeed is going to be

668
00:30:55,559 --> 00:30:57,840
expressing an opinion such as an expert

669
00:30:57,840 --> 00:31:00,120
witness obviously we're going to be you

670
00:31:00,120 --> 00:31:02,100
know objecting to that as well as the

671
00:31:02,100 --> 00:31:03,059
fact that I'm probably going to avoid

672
00:31:03,059 --> 00:31:06,539
the error uh uh on his request to uh

673
00:31:06,539 --> 00:31:09,179
issue any opinions

674
00:31:09,179 --> 00:31:11,940
understand that that's fine if we get to

675
00:31:11,940 --> 00:31:12,780
that but

676
00:31:12,780 --> 00:31:13,919
[Music]

677
00:31:13,919 --> 00:31:15,960
I get to put on his qualifications from

678
00:31:15,960 --> 00:31:17,700
the start anyway before we get into that

679
00:31:17,700 --> 00:31:19,200
objection I think Mr

680
00:31:19,200 --> 00:31:21,059
um pounds is kind of

681
00:31:21,059 --> 00:31:24,539
got a trigger finger on objections here

682
00:31:24,539 --> 00:31:25,860
um Mr

683
00:31:25,860 --> 00:31:28,380
um Woodburn um what's your profession

684
00:31:28,380 --> 00:31:30,120
oh no can you actually say where you

685
00:31:30,120 --> 00:31:31,320
live please

686
00:31:31,320 --> 00:31:33,299
in your full name uh my name is Paul

687
00:31:33,299 --> 00:31:35,399
Woodburn I'm a professional engineer I'm

688
00:31:35,399 --> 00:31:38,399
with the offices of Atwell engineering

689
00:31:38,399 --> 00:31:42,299
at 11721 Woodmore Road in Mitchellville

690
00:31:42,299 --> 00:31:44,220
Maryland and are you licensed to

691
00:31:44,220 --> 00:31:47,760
practice Engineering in Maryland I am

692
00:31:47,760 --> 00:31:49,679
um have you submitted site plans to

693
00:31:49,679 --> 00:31:53,159
municipalities before I have and in that

694
00:31:53,159 --> 00:31:54,720
process do you put your seal on

695
00:31:54,720 --> 00:31:57,600
documents uh as an engineer submitted to

696
00:31:57,600 --> 00:32:00,480
the various local jurisdictions

697
00:32:00,480 --> 00:32:02,460
um and

698
00:32:02,460 --> 00:32:05,700
do you represent well no in January of

699
00:32:05,700 --> 00:32:08,100
um 2021 did you represent the rod and

700
00:32:08,100 --> 00:32:09,360
reel yes

701
00:32:09,360 --> 00:32:12,179
and so you were acting as the agent for

702
00:32:12,179 --> 00:32:14,460
the rod and reel yes

703
00:32:14,460 --> 00:32:16,799
um and did you have uh occasion to file

704
00:32:16,799 --> 00:32:20,159
five site plans with the uh town clerk

705
00:32:20,159 --> 00:32:22,980
on January 29th 2021

706
00:32:22,980 --> 00:32:24,480
I did

707
00:32:24,480 --> 00:32:26,580
um and was that for the review of the

708
00:32:26,580 --> 00:32:28,320
site Plans by the Planning and Zoning

709
00:32:28,320 --> 00:32:30,179
Commission of Chesapeake Beach Maryland

710
00:32:30,179 --> 00:32:33,539
yes uh in your experience uh were the

711
00:32:33,539 --> 00:32:34,980
plans to be reviewed by the zoning

712
00:32:34,980 --> 00:32:36,419
administrator of the Town who at the

713
00:32:36,419 --> 00:32:39,659
time was Christopher Jakubiak

714
00:32:39,659 --> 00:32:42,179
oh yeah I missed the question sure

715
00:32:42,179 --> 00:32:45,240
um in your experience were the plans

716
00:32:45,240 --> 00:32:46,919
also to be reviewed by the zoning

717
00:32:46,919 --> 00:32:48,539
administrator of the Town who at the

718
00:32:48,539 --> 00:32:49,380
time

719
00:32:49,380 --> 00:32:53,100
this is January of 2021 at the time was

720
00:32:53,100 --> 00:32:57,710
Christopher Jakubiak

721
00:32:57,720 --> 00:33:00,960
what's the basis basis yeah well one of

722
00:33:00,960 --> 00:33:03,059
these things is one is his experience I

723
00:33:03,059 --> 00:33:05,279
don't know what his experiences or basis

724
00:33:05,279 --> 00:33:08,880
for his experience but uh as I said if

725
00:33:08,880 --> 00:33:11,580
this if it's just to your knowledge

726
00:33:11,580 --> 00:33:14,279
that's fine and that's going to be a yes

727
00:33:14,279 --> 00:33:15,899
or no question but if he's going to be

728
00:33:15,899 --> 00:33:18,779
expressing an opinion here uh I just

729
00:33:18,779 --> 00:33:20,460
want to let you know that

730
00:33:20,460 --> 00:33:22,559
starting off that's where we're going

731
00:33:22,559 --> 00:33:25,200
very quickly so if he if he says you're

732
00:33:25,200 --> 00:33:27,659
based on your experience yes or no then

733
00:33:27,659 --> 00:33:29,220
I'll withdraw the objection but we're

734
00:33:29,220 --> 00:33:31,260
going to quickly hit that wall

735
00:33:31,260 --> 00:33:33,600
that's what I said in your experience uh

736
00:33:33,600 --> 00:33:35,039
I'll ask a preliminary question before

737
00:33:35,039 --> 00:33:37,500
you get to that Mr Mr Woodburn have you

738
00:33:37,500 --> 00:33:39,960
presented prior to filing the site plans

739
00:33:39,960 --> 00:33:41,220
with the right

740
00:33:41,220 --> 00:33:45,480
the rod and reel in on January 29th 2021

741
00:33:45,480 --> 00:33:48,600
had you experienced had you um filed uh

742
00:33:48,600 --> 00:33:50,460
other plans with the town of Chesapeake

743
00:33:50,460 --> 00:33:53,399
Beach prior to that yes how many can you

744
00:33:53,399 --> 00:33:55,669
guess

745
00:33:55,679 --> 00:33:59,340
1000 okay so in your experience were the

746
00:33:59,340 --> 00:34:01,320
plans to be reviewed also be reviewed by

747
00:34:01,320 --> 00:34:03,000
the zoning administrator of the Town who

748
00:34:03,000 --> 00:34:05,279
at the time was Christopher jukubiak all

749
00:34:05,279 --> 00:34:06,659
experience yes

750
00:34:06,659 --> 00:34:08,580
um so for the five site plans were each

751
00:34:08,580 --> 00:34:10,440
of them to be considered category one

752
00:34:10,440 --> 00:34:12,839
site plans I believe they're category

753
00:34:12,839 --> 00:34:15,720
one site plans okay and why is that

754
00:34:15,720 --> 00:34:18,240
uh because they're in critical area and

755
00:34:18,240 --> 00:34:20,700
they include multi-family dwelling units

756
00:34:20,700 --> 00:34:23,820
as the use correct correct

757
00:34:23,820 --> 00:34:26,329
um

758
00:34:26,339 --> 00:34:28,440
and can you describe the five Projects

759
00:34:28,440 --> 00:34:31,139
please and and give them names so that

760
00:34:31,139 --> 00:34:32,280
the

761
00:34:32,280 --> 00:34:34,919
word he knows what those are

762
00:34:34,919 --> 00:34:37,379
sure so uh

763
00:34:37,379 --> 00:34:40,919
through the first three are and um we

764
00:34:40,919 --> 00:34:42,780
call Harbor Vista there's Harbor Vista

765
00:34:42,780 --> 00:34:44,940
North Harbor Vista South Harbor Vista

766
00:34:44,940 --> 00:34:46,379
West

767
00:34:46,379 --> 00:34:47,820
um and they're down next to kellum's

768
00:34:47,820 --> 00:34:49,379
field just so you have an idea of the

769
00:34:49,379 --> 00:34:51,179
general location

770
00:34:51,179 --> 00:34:53,280
sure and Council I'm going to leave it

771
00:34:53,280 --> 00:34:55,379
up to you as far as how far this but

772
00:34:55,379 --> 00:34:57,060
obviously where are we going today is

773
00:34:57,060 --> 00:34:59,400
this is going to be far uh different

774
00:34:59,400 --> 00:35:01,020
from the ultimate questions that the

775
00:35:01,020 --> 00:35:03,540
board is going to be looking to testify

776
00:35:03,540 --> 00:35:05,640
to even in Mr blitz's opening statements

777
00:35:05,640 --> 00:35:07,500
so the fact that there were five

778
00:35:07,500 --> 00:35:09,359
projects if he wants to do a brief

779
00:35:09,359 --> 00:35:11,099
summary of the five that's fine but you

780
00:35:11,099 --> 00:35:13,200
need details we're going to be objecting

781
00:35:13,200 --> 00:35:15,480
that also so I'm assuming this is going

782
00:35:15,480 --> 00:35:17,220
to be just a summary of where we're

783
00:35:17,220 --> 00:35:18,900
going with this it is going to be a

784
00:35:18,900 --> 00:35:20,040
summary and I would ask that you'd not

785
00:35:20,040 --> 00:35:21,240
make objections in the middle of his

786
00:35:21,240 --> 00:35:23,579
testimony I'll do my case you do your

787
00:35:23,579 --> 00:35:25,740
case okay

788
00:35:25,740 --> 00:35:28,980
so three uh as I said are on we call

789
00:35:28,980 --> 00:35:32,329
Harbor Vista

790
00:35:32,339 --> 00:35:34,800
Northwest and South

791
00:35:34,800 --> 00:35:37,320
um two are on Gordon Senate Avenue one's

792
00:35:37,320 --> 00:35:40,500
on Old Bayside across from the library

793
00:35:40,500 --> 00:35:43,740
um the fourth project is called stenets

794
00:35:43,740 --> 00:35:45,060
place

795
00:35:45,060 --> 00:35:48,300
um which is off of C Street the two open

796
00:35:48,300 --> 00:35:50,460
grass lots I'm sure you all know where

797
00:35:50,460 --> 00:35:51,660
that is

798
00:35:51,660 --> 00:35:54,900
and the the last project is called Home

799
00:35:54,900 --> 00:35:56,099
Place

800
00:35:56,099 --> 00:35:56,760
um

801
00:35:56,760 --> 00:35:58,320
it's on Cox Road

802
00:35:58,320 --> 00:36:01,859
called what sir Home Place

803
00:36:01,859 --> 00:36:05,030
on Cox Road

804
00:36:05,040 --> 00:36:07,859
Mr Woodburn we're all five projects uh

805
00:36:07,859 --> 00:36:09,780
located in the critical area

806
00:36:09,780 --> 00:36:12,540
yes and

807
00:36:12,540 --> 00:36:14,640
did you submit critical area site plans

808
00:36:14,640 --> 00:36:16,380
along with the applications

809
00:36:16,380 --> 00:36:17,280
um

810
00:36:17,280 --> 00:36:22,609
we do okay

811
00:36:22,619 --> 00:36:26,089
so at this time

812
00:36:26,099 --> 00:36:28,440
I'm going to offer a copy of the

813
00:36:28,440 --> 00:36:30,900
application

814
00:36:30,900 --> 00:36:33,000
to

815
00:36:33,000 --> 00:36:41,470
the Planning and Zoning Commission

816
00:36:41,480 --> 00:36:45,349
and at least I'm gonna

817
00:36:45,359 --> 00:36:58,690
help

818
00:36:58,700 --> 00:37:07,010
but I don't have one

819
00:37:07,020 --> 00:37:10,020
I would also uh like to submit my PDF

820
00:37:10,020 --> 00:37:12,000
the entire site plans this is just the

821
00:37:12,000 --> 00:37:13,560
applications

822
00:37:13,560 --> 00:37:15,900
not going to be asking you really to at

823
00:37:15,900 --> 00:37:17,160
this stage

824
00:37:17,160 --> 00:37:19,440
review any of those details but you do

825
00:37:19,440 --> 00:37:21,119
need to be in the record because those

826
00:37:21,119 --> 00:37:25,430
are all the things

827
00:37:25,440 --> 00:37:27,900
Mr Blitz are you asking they be

828
00:37:27,900 --> 00:37:34,130
introduced collectively as exhibit six

829
00:37:34,140 --> 00:37:36,300
if that's okay yes

830
00:37:36,300 --> 00:37:38,540
for the purpose of

831
00:37:38,540 --> 00:37:42,000
Mr chair and Council just to indicate

832
00:37:42,000 --> 00:37:45,119
that there were projects and these are

833
00:37:45,119 --> 00:37:47,940
the projects the note fashion

834
00:37:47,940 --> 00:37:52,130
okay

835
00:37:52,140 --> 00:37:57,530
Tom are you sure that that was six

836
00:37:57,540 --> 00:38:05,990
it is okay

837
00:38:06,000 --> 00:38:08,640
it's good

838
00:38:08,640 --> 00:38:10,560
I'll call Mr Woodburn back up but I've

839
00:38:10,560 --> 00:38:13,859
gotta a lot of the legal side of this to

840
00:38:13,859 --> 00:38:16,970
go over first

841
00:38:16,980 --> 00:38:20,760
I'm going to want to examine Mr Woodburn

842
00:38:20,760 --> 00:38:22,560
is is he

843
00:38:22,560 --> 00:38:24,900
you can't just set somebody down and

844
00:38:24,900 --> 00:38:27,119
bring them back if it's Mr bird Barn I

845
00:38:27,119 --> 00:38:29,099
wouldn't examine him now

846
00:38:29,099 --> 00:38:33,530
um you know

847
00:38:33,540 --> 00:38:35,579
I think that's appropriate yeah he can

848
00:38:35,579 --> 00:38:37,020
cross-examine I'm going to bring him

849
00:38:37,020 --> 00:38:38,940
back and he can cross-examine him again

850
00:38:38,940 --> 00:38:40,740
after that so Mr Woodburn can you return

851
00:38:40,740 --> 00:38:51,550
to the left turn please

852
00:38:51,560 --> 00:38:53,700
okay I didn't know if he had something

853
00:38:53,700 --> 00:38:55,920
else so Mr Weber you testified earlier

854
00:38:55,920 --> 00:38:58,380
that uh indeed you were the one who

855
00:38:58,380 --> 00:39:00,000
actually prepared the site plans the

856
00:39:00,000 --> 00:39:01,740
five site plans that are being discussed

857
00:39:01,740 --> 00:39:02,640
here

858
00:39:02,640 --> 00:39:06,359
honor my direction correct so you didn't

859
00:39:06,359 --> 00:39:07,440
actually do it it was under your

860
00:39:07,440 --> 00:39:08,640
direction

861
00:39:08,640 --> 00:39:10,560
well my office did them under my

862
00:39:10,560 --> 00:39:12,720
direction it takes more than one person

863
00:39:12,720 --> 00:39:15,839
to prepare these plans yes okay so uh

864
00:39:15,839 --> 00:39:17,700
you're the one who signed it signed

865
00:39:17,700 --> 00:39:19,500
these applications correct and you're

866
00:39:19,500 --> 00:39:21,000
either you stamped them

867
00:39:21,000 --> 00:39:27,859
the applications no plans yes okay who actually uh stamped the plans

868
00:39:27,859 --> 00:39:30,599
uh I'd have to look at each one I know I

869
00:39:30,599 --> 00:39:32,040
stand some I don't know if I stamped

870
00:39:32,040 --> 00:39:33,660
everyone okay so basically you're

871
00:39:33,660 --> 00:39:35,520
telling me that applications were filed

872
00:39:35,520 --> 00:39:38,820
and you were unaware of it wasn't you

873
00:39:38,820 --> 00:39:41,760
who actually uh uh either signed or

874
00:39:41,760 --> 00:39:44,099
stamped them no I didn't say that I said

875
00:39:44,099 --> 00:39:46,980
I don't know if I signed everyone but I

876
00:39:46,980 --> 00:39:49,619
did oversee and

877
00:39:49,619 --> 00:39:51,720
um

878
00:39:51,720 --> 00:39:55,380
worked on each site plan

879
00:39:55,380 --> 00:39:57,900
um and you know all the computations and

880
00:39:57,900 --> 00:40:00,660
the applications that go with them okay

881
00:40:00,660 --> 00:40:03,060
so basically uh this you testified this

882
00:40:03,060 --> 00:40:05,040
was a category one multi-flame family

883
00:40:05,040 --> 00:40:07,260
plans that included the critical area

884
00:40:07,260 --> 00:40:10,440
right let me ask something Mr Woodburn

885
00:40:10,440 --> 00:40:12,420
um did these have five applications go

886
00:40:12,420 --> 00:40:15,119
before the Planning Commission uh with

887
00:40:15,119 --> 00:40:17,700
regard to their review

888
00:40:17,700 --> 00:40:21,000
ever or under this application during

889
00:40:21,000 --> 00:40:22,440
the time that the Planning Commission

890
00:40:22,440 --> 00:40:25,980
was reviewing the uh the comprehensive

891
00:40:25,980 --> 00:40:28,260
plan that these five applications go

892
00:40:28,260 --> 00:40:31,320
before the Planning Commission

893
00:40:31,320 --> 00:40:33,359
I was not involved in any review of them

894
00:40:33,359 --> 00:40:36,109
why not

895
00:40:36,119 --> 00:40:38,520
ified so we have five applications your

896
00:40:38,520 --> 00:40:40,980
testimony that were filed but none of

897
00:40:40,980 --> 00:40:42,359
these applications went before the

898
00:40:42,359 --> 00:40:44,099
Planning Commission for the review for

899
00:40:44,099 --> 00:40:45,660
the comprehensive plan is that your

900
00:40:45,660 --> 00:40:48,300
testimony a test I could read it in if

901
00:40:48,300 --> 00:40:50,160
you'd like an email that I received from

902
00:40:50,160 --> 00:40:52,079
the Planning and Zoning I want to know

903
00:40:52,079 --> 00:40:53,880
what your knowledge is my knowledge if

904
00:40:53,880 --> 00:40:55,200
I'm gonna read it I'll be happy to get

905
00:40:55,200 --> 00:40:57,480
it do you have knowledge that indeed the

906
00:40:57,480 --> 00:40:59,460
Planning Commission reviewed these five

907
00:40:59,460 --> 00:41:01,200
applications

908
00:41:01,200 --> 00:41:03,119
I do not have knowledge that they did or

909
00:41:03,119 --> 00:41:05,579
did not review them can you tell me why

910
00:41:05,579 --> 00:41:07,560
this these applications would not have

911
00:41:07,560 --> 00:41:08,880
gone before the Planning Commission for

912
00:41:08,880 --> 00:41:11,280
the review objection

913
00:41:11,280 --> 00:41:12,480
look

914
00:41:12,480 --> 00:41:14,880
the entire case is about the fact that

915
00:41:14,880 --> 00:41:16,020
the Planning and Zoning commission and

916
00:41:16,020 --> 00:41:17,640
the zoning administrator didn't review

917
00:41:17,640 --> 00:41:20,099
the applications I didn't ask

918
00:41:20,099 --> 00:41:23,099
Mr Woodburn about that so it's beyond

919
00:41:23,099 --> 00:41:24,300
cross-exam the scope of

920
00:41:24,300 --> 00:41:28,560
cross-examination to cross to expand Mr

921
00:41:28,560 --> 00:41:32,400
uh Woodburn's testimony at this point

922
00:41:32,400 --> 00:41:34,740
we're going to be going over in quite

923
00:41:34,740 --> 00:41:36,420
detail why the Planning and Zoning

924
00:41:36,420 --> 00:41:37,560
Commission in the zoning administrator

925
00:41:37,560 --> 00:41:39,660
didn't review the site plans we don't

926
00:41:39,660 --> 00:41:41,700
need Mr Woodburn for that well a couple

927
00:41:41,700 --> 00:41:43,859
things first of all this obviously is

928
00:41:43,859 --> 00:41:45,900
within the scope of his knowledge and

929
00:41:45,900 --> 00:41:48,119
what he was testifying to as well as the

930
00:41:48,119 --> 00:41:50,400
fact that the rules or procedure for the

931
00:41:50,400 --> 00:41:57,480
board of appeals does call for broad uh evidence to be incorporated into the

932
00:41:57,480 --> 00:42:00,359
record so you know under the board of

933
00:42:00,359 --> 00:42:03,000
appeals own rules that have that would

934
00:42:03,000 --> 00:42:07,069
be admitted

935
00:42:07,079 --> 00:42:10,500
okay so uh basically there's a question

936
00:42:10,500 --> 00:42:12,960
pending for you Mr Woodburn yeah no uh

937
00:42:12,960 --> 00:42:15,180
no there's a question for the board I I

938
00:42:15,180 --> 00:42:16,380
objected to the scope of the

939
00:42:16,380 --> 00:42:20,150
cross-examination

940
00:42:20,160 --> 00:42:23,520
I think the scope's appropriate broad

941
00:42:23,520 --> 00:42:24,900
latitude is given in these

942
00:42:24,900 --> 00:42:27,480
Administrative Hearings and if I think

943
00:42:27,480 --> 00:42:30,180
it's going way too far I'll uh say

944
00:42:30,180 --> 00:42:32,520
something about it okay so the last

945
00:42:32,520 --> 00:42:34,740
question was Mr Woodburn why were these

946
00:42:34,740 --> 00:42:36,780
applications not presented to by the uh

947
00:42:36,780 --> 00:42:38,040
to the Planning Commission for their

948
00:42:38,040 --> 00:42:41,810
review

949
00:42:41,820 --> 00:42:44,220
I received after submitting the

950
00:42:44,220 --> 00:42:46,560
applications and email from Christy

951
00:42:46,560 --> 00:42:47,700
Kubiak

952
00:42:47,700 --> 00:42:51,420
February 5th 2021 905 a.m and I'll read

953
00:42:51,420 --> 00:42:54,119
it says hi Paul this is unprecedented

954
00:42:54,119 --> 00:42:56,160
and imposed is a significant challenge

955
00:42:56,160 --> 00:42:57,839
to the Planning Commission and the

956
00:42:57,839 --> 00:43:00,060
town's planning zoning and project

957
00:43:00,060 --> 00:43:01,680
review functions

958
00:43:01,680 --> 00:43:04,200
no town could reasonably and reasonably

959
00:43:04,200 --> 00:43:05,700
handle

960
00:43:05,700 --> 00:43:08,220
or excuse me responsibly handle a load

961
00:43:08,220 --> 00:43:09,480
of projects like this without

962
00:43:09,480 --> 00:43:13,200
significant delays to or derailing

963
00:43:13,200 --> 00:43:16,140
of its comprehensive Plan update and or

964
00:43:16,140 --> 00:43:18,540
zoning review and update further these

965
00:43:18,540 --> 00:43:20,880
projects if implemented have real

966
00:43:20,880 --> 00:43:22,980
potential compound

967
00:43:22,980 --> 00:43:25,200
to compound the challenges the planning

968
00:43:25,200 --> 00:43:26,700
commissions work on planning and

969
00:43:26,700 --> 00:43:29,880
ordinance drafting to seeking to address

970
00:43:29,880 --> 00:43:32,220
is seeking to address today is the news

971
00:43:32,220 --> 00:43:34,440
in the newspaper is legal notice of

972
00:43:34,440 --> 00:43:36,660
public hearing to be conducted by the

973
00:43:36,660 --> 00:43:39,300
Planning Commission on two 24-21 to

974
00:43:39,300 --> 00:43:40,940
consider a resolution

975
00:43:40,940 --> 00:43:43,020
recommending to the mayor and Town

976
00:43:43,020 --> 00:43:44,520
Council that

977
00:43:44,520 --> 00:43:46,800
they adopt an ordinance creating a

978
00:43:46,800 --> 00:43:48,839
temporary moratorium on the processing

979
00:43:48,839 --> 00:43:50,819
of major development projects which

980
00:43:50,819 --> 00:43:53,220
would include these five plans please

981
00:43:53,220 --> 00:43:55,740
contact Sharon hum at Town Hall if you

982
00:43:55,740 --> 00:43:58,680
want a copy of the resolution Chris okay

983
00:43:58,680 --> 00:44:03,180
so and obviously uh Mr pounds uh it's

984
00:44:03,180 --> 00:44:04,440
not going to be made a part of the

985
00:44:04,440 --> 00:44:06,540
record that email I was planning on it

986
00:44:06,540 --> 00:44:08,760
but it's by cross-examining he's

987
00:44:08,760 --> 00:44:12,000
jumbling up our case to in the timeline

988
00:44:12,000 --> 00:44:15,540
so if you want it now we can do it but I

989
00:44:15,540 --> 00:44:18,420
think it would be appropriate okay so I

990
00:44:18,420 --> 00:44:20,880
haven't seen a copy of that

991
00:44:20,880 --> 00:44:21,960
okay

992
00:44:21,960 --> 00:44:24,420
everybody this is

993
00:44:24,420 --> 00:44:29,870
the B exit seven

994
00:44:29,880 --> 00:44:33,000
and that's the email of February 5th uh

995
00:44:33,000 --> 00:44:34,510
2021.

996
00:44:34,510 --> 00:44:35,900
[Music]

997
00:44:35,900 --> 00:44:39,480
from Mr Jakubiak to

998
00:44:39,480 --> 00:44:43,319
Paul Woodburn with a copy to me and

999
00:44:43,319 --> 00:44:46,079
um another engineer working at Mr

1000
00:44:46,079 --> 00:44:48,960
Woodburn's office I believe

1001
00:44:48,960 --> 00:44:56,710
foreign

1002
00:44:56,720 --> 00:44:59,220
basically based upon that one email

1003
00:44:59,220 --> 00:45:01,619
about Mr uh Kubiak

1004
00:45:01,619 --> 00:45:03,540
um uh you're telling me that's what

1005
00:45:03,540 --> 00:45:05,220
caused these five projects not to be

1006
00:45:05,220 --> 00:45:07,500
sent to the Planning Commission

1007
00:45:07,500 --> 00:45:09,900
I can't make a judgment call not I don't

1008
00:45:09,900 --> 00:45:11,579
know well you're the one submitted his

1009
00:45:11,579 --> 00:45:13,200
email

1010
00:45:13,200 --> 00:45:15,839
I mean I'm I didn't never talk to Mr GK

1011
00:45:15,839 --> 00:45:17,700
after that you can take it for face

1012
00:45:17,700 --> 00:45:19,859
value you heard what I said okay so

1013
00:45:19,859 --> 00:45:22,319
basically uh who made the decision at

1014
00:45:22,319 --> 00:45:23,940
that point so you're telling me if

1015
00:45:23,940 --> 00:45:25,859
that's the whole email that made the

1016
00:45:25,859 --> 00:45:27,720
decision not to file any type of

1017
00:45:27,720 --> 00:45:29,099
applications with the Planning

1018
00:45:29,099 --> 00:45:30,500
Commission

1019
00:45:30,500 --> 00:45:32,640
just because of the way it was phrased

1020
00:45:32,640 --> 00:45:35,940
we filed all five site plans the result

1021
00:45:35,940 --> 00:45:38,460
of that was an email seven days later

1022
00:45:38,460 --> 00:45:40,140
that you just received into the record

1023
00:45:40,140 --> 00:45:42,000
on exhibit seven saying they weren't

1024
00:45:42,000 --> 00:45:43,980
going to be reviewed and that the

1025
00:45:43,980 --> 00:45:45,900
moratorium was going to be the one of

1026
00:45:45,900 --> 00:45:48,420
the two rationales for not reviewing it

1027
00:45:48,420 --> 00:45:52,560
Mr Woodburn can't testify as to why the

1028
00:45:52,560 --> 00:45:54,900
town did or didn't do something

1029
00:45:54,900 --> 00:45:56,940
he could you can ask him whether he

1030
00:45:56,940 --> 00:45:59,220
heard from him I know what to ask him

1031
00:45:59,220 --> 00:46:00,960
Council but so basically the question

1032
00:46:00,960 --> 00:46:04,020
comes into so in essence is that your

1033
00:46:04,020 --> 00:46:05,579
testimony that based upon that eggmail

1034
00:46:05,579 --> 00:46:08,300
that those projects were not sent before

1035
00:46:08,300 --> 00:46:10,380
the Planning Commission is that your

1036
00:46:10,380 --> 00:46:11,819
testimony

1037
00:46:11,819 --> 00:46:14,520
my testimony is that I know that those

1038
00:46:14,520 --> 00:46:16,740
site plans were not reviewed and the

1039
00:46:16,740 --> 00:46:19,500
reason that was given was emailed to me

1040
00:46:19,500 --> 00:46:21,540
on the date that I

1041
00:46:21,540 --> 00:46:24,599
let me ask you this is Mr Kubiak part of

1042
00:46:24,599 --> 00:46:26,339
the Planning Commission

1043
00:46:26,339 --> 00:46:29,940
hey no at that time

1044
00:46:29,940 --> 00:46:31,380
um

1045
00:46:31,380 --> 00:46:34,200
he's the zoning administrator I believe

1046
00:46:34,200 --> 00:46:36,119
so your testimony is that he was not

1047
00:46:36,119 --> 00:46:37,560
part of the actual Planning Commission

1048
00:46:37,560 --> 00:46:40,200
correct so you could have in essence

1049
00:46:40,200 --> 00:46:41,880
brought those applications to the

1050
00:46:41,880 --> 00:46:43,339
Planning Commission to be reviewed

1051
00:46:43,339 --> 00:46:46,319
objection we did it's one of the

1052
00:46:46,319 --> 00:46:50,520
exhibits the very uh first exhibit no

1053
00:46:50,520 --> 00:46:52,859
first exhibit was our appeal

1054
00:46:52,859 --> 00:46:55,619
um it's it's the exhibit that

1055
00:46:55,619 --> 00:46:58,560
the application which was filed with the

1056
00:46:58,560 --> 00:47:00,720
town that's the way you file for site

1057
00:47:00,720 --> 00:47:03,480
plans you don't file it but the first

1058
00:47:03,480 --> 00:47:06,180
person to review those is Mr

1059
00:47:06,180 --> 00:47:08,339
um jacobiak the zoning administrator and

1060
00:47:08,339 --> 00:47:09,660
then the Planning and Zoning commission

1061
00:47:09,660 --> 00:47:12,780
gets the file and holds a hearing

1062
00:47:12,780 --> 00:47:15,540
the refusal or the failure of them to

1063
00:47:15,540 --> 00:47:16,980
hold the hearing which they have never

1064
00:47:16,980 --> 00:47:18,060
done

1065
00:47:18,060 --> 00:47:20,700
is what's at stake in this case why are

1066
00:47:20,700 --> 00:47:23,280
you asking Mr

1067
00:47:23,280 --> 00:47:25,260
wood burn I generally don't get into

1068
00:47:25,260 --> 00:47:28,859
debates okay but but the reason I'm

1069
00:47:28,859 --> 00:47:30,540
objecting is I will answer that question

1070
00:47:30,540 --> 00:47:33,480
okay because he is the one who testified

1071
00:47:33,480 --> 00:47:35,579
he was acting as an agent for Rod and

1072
00:47:35,579 --> 00:47:37,200
Reel he's the one who filed the

1073
00:47:37,200 --> 00:47:40,280
applications so in essence he is the one

1074
00:47:40,280 --> 00:47:42,960
and even though he didn't sign off on

1075
00:47:42,960 --> 00:47:45,119
them he's the one whose office and he's

1076
00:47:45,119 --> 00:47:47,280
supervised and he was in charge of these

1077
00:47:47,280 --> 00:47:49,680
applications so in essence if he's the

1078
00:47:49,680 --> 00:47:52,920
one to charge the applications and why

1079
00:47:52,920 --> 00:47:54,000
didn't you take him for the Planning

1080
00:47:54,000 --> 00:47:56,119
Commission to be reviewed

1081
00:47:56,119 --> 00:47:59,280
the question is as simple as that or

1082
00:47:59,280 --> 00:48:02,160
does he know maybe doesn't know or or

1083
00:48:02,160 --> 00:48:04,440
anything but that's the question because

1084
00:48:04,440 --> 00:48:05,579
I can tell you that's going to be part

1085
00:48:05,579 --> 00:48:08,040
of my case and I'm setting this up for

1086
00:48:08,040 --> 00:48:09,599
later on if you can do what's happening

1087
00:48:09,599 --> 00:48:12,000
so so Mr boardburn

1088
00:48:12,000 --> 00:48:14,880
and that's that's the question is do you

1089
00:48:14,880 --> 00:48:16,500
have any knowledge as to why these five

1090
00:48:16,500 --> 00:48:18,660
applications were not presented to the

1091
00:48:18,660 --> 00:48:23,589
uh uh Planning Commission

1092
00:48:23,599 --> 00:48:29,990
let's let's move on

1093
00:48:30,000 --> 00:48:31,980
are there any further questions aside

1094
00:48:31,980 --> 00:48:34,680
from based upon his limited testimony of

1095
00:48:34,680 --> 00:48:36,660
what he's gone so far nothing more

1096
00:48:36,660 --> 00:48:38,280
obviously there will be more when he

1097
00:48:38,280 --> 00:48:39,599
comes we'll have another chance when he

1098
00:48:39,599 --> 00:48:43,260
adds uh substantial commentary yeah

1099
00:48:43,260 --> 00:48:46,079
thank you Mr Woodburn um

1100
00:48:46,079 --> 00:48:48,000
so the board's going to need to consider

1101
00:48:48,000 --> 00:48:50,520
the legal context of what is happening

1102
00:48:50,520 --> 00:48:52,500
in this case so I'll start with an

1103
00:48:52,500 --> 00:48:54,480
explanation of that

1104
00:48:54,480 --> 00:48:55,400
um

1105
00:48:55,400 --> 00:48:58,440
are you testifying no I'm giving them

1106
00:48:58,440 --> 00:49:03,119
I'm giving my presentation and my please

1107
00:49:03,119 --> 00:49:05,760
let me speak report Mr Blitz cannot give

1108
00:49:05,760 --> 00:49:09,410
you legal

1109
00:49:09,420 --> 00:49:12,420
that's Mr Sussman but as far as him you

1110
00:49:12,420 --> 00:49:14,040
know having legal opinions to the board

1111
00:49:14,040 --> 00:49:16,740
that's that's completely improper I'm

1112
00:49:16,740 --> 00:49:19,319
going to object right now to the entire

1113
00:49:19,319 --> 00:49:22,380
process of of interrupting our case at

1114
00:49:22,380 --> 00:49:25,140
every turn solely for the reason of

1115
00:49:25,140 --> 00:49:26,819
interruption what's happening

1116
00:49:26,819 --> 00:49:28,740
introduction that's not I am presenting

1117
00:49:28,740 --> 00:49:31,079
an argument can I please finish this

1118
00:49:31,079 --> 00:49:34,309
case

1119
00:49:34,319 --> 00:49:38,099
I get to make a presentation as I bring

1120
00:49:38,099 --> 00:49:40,619
in evidence I can explain the legal

1121
00:49:40,619 --> 00:49:45,000
context of what we our case is about to

1122
00:49:45,000 --> 00:49:46,619
make the legal argument so that you

1123
00:49:46,619 --> 00:49:49,079
understand the context of all the

1124
00:49:49,079 --> 00:49:51,780
evidence that will come in a big part of

1125
00:49:51,780 --> 00:49:54,420
this case is a legal argument

1126
00:49:54,420 --> 00:49:57,660
this is an appeal on alleged error so I

1127
00:49:57,660 --> 00:50:00,480
need to explain to you as a board and I

1128
00:50:00,480 --> 00:50:02,220
need to convince you if I'm going to be

1129
00:50:02,220 --> 00:50:05,220
successful of the merits of those things

1130
00:50:05,220 --> 00:50:07,200
we're going to be bringing a lot of

1131
00:50:07,200 --> 00:50:08,579
legal arguments because that's what

1132
00:50:08,579 --> 00:50:10,380
you're going to have to decide you're

1133
00:50:10,380 --> 00:50:12,420
going to have to decide whether the

1134
00:50:12,420 --> 00:50:14,099
Planning and Zoning commission and the

1135
00:50:14,099 --> 00:50:15,960
zoning administrators failure to process

1136
00:50:15,960 --> 00:50:18,599
site plans and the reasons for that were

1137
00:50:18,599 --> 00:50:22,440
in error that's the case so I'm going to

1138
00:50:22,440 --> 00:50:24,599
be talking a lot of Law and explaining

1139
00:50:24,599 --> 00:50:26,460
what our position on the law is I'm not

1140
00:50:26,460 --> 00:50:28,680
giving an opinion to you about the law

1141
00:50:28,680 --> 00:50:32,280
Mr Sussman can always weigh in if you

1142
00:50:32,280 --> 00:50:34,380
have questions about the law or

1143
00:50:34,380 --> 00:50:35,940
questions about what I say but I get to

1144
00:50:35,940 --> 00:50:38,160
present a case and it shouldn't be

1145
00:50:38,160 --> 00:50:40,560
interrupted at every turn when all I'm

1146
00:50:40,560 --> 00:50:42,060
doing is presenting

1147
00:50:42,060 --> 00:50:48,109
the basic case

1148
00:50:48,119 --> 00:50:53,390
oh you continue okay

1149
00:50:53,400 --> 00:50:55,920
first we start with you know the basic

1150
00:50:55,920 --> 00:50:58,140
property rights as it relates to zoning

1151
00:50:58,140 --> 00:50:59,579
power

1152
00:50:59,579 --> 00:51:03,359
um the default is that you own property

1153
00:51:03,359 --> 00:51:04,020
um

1154
00:51:04,020 --> 00:51:06,660
and if you own it fee simple and and

1155
00:51:06,660 --> 00:51:09,780
the owners get to decide uh free from

1156
00:51:09,780 --> 00:51:12,300
all interference uh on what is done with

1157
00:51:12,300 --> 00:51:13,859
that property including what is built

1158
00:51:13,859 --> 00:51:15,780
there that's the base

1159
00:51:15,780 --> 00:51:18,540
all limitations on that basic property

1160
00:51:18,540 --> 00:51:21,839
right are evaluated on whether they are

1161
00:51:21,839 --> 00:51:24,300
consistent with the law

1162
00:51:24,300 --> 00:51:28,549
such as zoning in this context

1163
00:51:28,559 --> 00:51:31,500
a zoning regulation does not direct a

1164
00:51:31,500 --> 00:51:33,480
property owner of what to build

1165
00:51:33,480 --> 00:51:36,480
uh or when to build it but provides the

1166
00:51:36,480 --> 00:51:38,640
youth limitations applicable to that

1167
00:51:38,640 --> 00:51:40,559
property as well as many other site plan

1168
00:51:40,559 --> 00:51:43,400
limitations on design orientation

1169
00:51:43,400 --> 00:51:49,609
mitigation that may be required Etc

1170
00:51:49,619 --> 00:51:52,859
that range of options

1171
00:51:52,859 --> 00:51:57,240
is limited by the zoning code

1172
00:51:57,240 --> 00:51:58,500
and

1173
00:51:58,500 --> 00:52:02,099
sometimes the subdivision regulations

1174
00:52:02,099 --> 00:52:04,140
um but the decision remains with the

1175
00:52:04,140 --> 00:52:05,819
property owner

1176
00:52:05,819 --> 00:52:08,040
that discretion that I'm describing is

1177
00:52:08,040 --> 00:52:10,260
important to remember because unless a

1178
00:52:10,260 --> 00:52:12,780
regulation on property development is

1179
00:52:12,780 --> 00:52:13,740
valid

1180
00:52:13,740 --> 00:52:15,839
and applied according to due process of

1181
00:52:15,839 --> 00:52:17,099
law

1182
00:52:17,099 --> 00:52:19,020
then the default is that the owner is

1183
00:52:19,020 --> 00:52:21,829
entitled to Bill

1184
00:52:21,839 --> 00:52:26,089
foreign

1185
00:52:26,099 --> 00:52:29,099
in the exhibit that I submitted uh for

1186
00:52:29,099 --> 00:52:31,020
the order of the circuit court for

1187
00:52:31,020 --> 00:52:33,599
Calvert County you can see on page 10

1188
00:52:33,599 --> 00:52:36,359
of exhibit three

1189
00:52:36,359 --> 00:52:37,020
um

1190
00:52:37,020 --> 00:52:38,460
the Court's point that the Supreme Court

1191
00:52:38,460 --> 00:52:40,380
of the United States has recognized in

1192
00:52:40,380 --> 00:52:42,119
multiple cases the high importance of

1193
00:52:42,119 --> 00:52:43,380
property rights

1194
00:52:43,380 --> 00:52:45,300
so there's a legal process associated

1195
00:52:45,300 --> 00:52:47,400
with zoning which must be clear and

1196
00:52:47,400 --> 00:52:50,040
constitutionally precise

1197
00:52:50,040 --> 00:52:52,260
it must not be impermissibly

1198
00:52:52,260 --> 00:52:54,660
overburdened the property interest and

1199
00:52:54,660 --> 00:52:57,119
it must be fairly and non-arbitrarily

1200
00:52:57,119 --> 00:52:59,640
applied to property owners

1201
00:52:59,640 --> 00:53:01,859
treating every property owner of a

1202
00:53:01,859 --> 00:53:04,020
similarly situated property interest

1203
00:53:04,020 --> 00:53:07,500
within the town zoning wall equally and

1204
00:53:07,500 --> 00:53:12,109
without bias or improper discrimination

1205
00:53:12,119 --> 00:53:15,359
a part of that due process is

1206
00:53:15,359 --> 00:53:17,220
if there are administrative procedures

1207
00:53:17,220 --> 00:53:18,960
that are set up to allow properties to

1208
00:53:18,960 --> 00:53:21,059
qualify under the zoning law

1209
00:53:21,059 --> 00:53:23,760
uh to develop their property

1210
00:53:23,760 --> 00:53:25,680
um you know it's a foundational concept

1211
00:53:25,680 --> 00:53:28,020
of zoning law in Maryland

1212
00:53:28,020 --> 00:53:29,760
throughout the country you know this is

1213
00:53:29,760 --> 00:53:32,339
traces back all the way to the Euclid

1214
00:53:32,339 --> 00:53:35,099
decision of the Supreme Court which you

1215
00:53:35,099 --> 00:53:37,920
know that's a century ago that

1216
00:53:37,920 --> 00:53:39,839
um established the constitutionality of

1217
00:53:39,839 --> 00:53:41,880
zoning that

1218
00:53:41,880 --> 00:53:46,500
both the substantive law and the process

1219
00:53:46,500 --> 00:53:49,079
for administering it must not be

1220
00:53:49,079 --> 00:53:51,000
arbitrary or unreasonable and there has

1221
00:53:51,000 --> 00:53:52,859
to be a constitutional due process in

1222
00:53:52,859 --> 00:53:57,260
the administration of all zoning laws

1223
00:53:57,260 --> 00:53:59,700
the importance of this point

1224
00:53:59,700 --> 00:54:01,200
is that when conducting the

1225
00:54:01,200 --> 00:54:03,300
administration of the zoning law the

1226
00:54:03,300 --> 00:54:04,440
Planning and Zoning commission and the

1227
00:54:04,440 --> 00:54:06,780
zoning administration's task is not to

1228
00:54:06,780 --> 00:54:08,099
legislate

1229
00:54:08,099 --> 00:54:10,559
or to create substantive policy on their

1230
00:54:10,559 --> 00:54:12,960
own but to administer the laws properly

1231
00:54:12,960 --> 00:54:14,760
passed by the Town Council

1232
00:54:14,760 --> 00:54:16,920
and with respect to property rights

1233
00:54:16,920 --> 00:54:20,930
existing at the time

1234
00:54:20,940 --> 00:54:22,740
I apologize with respect to the

1235
00:54:22,740 --> 00:54:24,119
properties existing at the time that the

1236
00:54:24,119 --> 00:54:25,740
applications are filed

1237
00:54:25,740 --> 00:54:32,450
um

1238
00:54:32,460 --> 00:54:34,559
those conducting the administrative

1239
00:54:34,559 --> 00:54:37,260
functions of the Town zoning laws in

1240
00:54:37,260 --> 00:54:38,819
site plan review

1241
00:54:38,819 --> 00:54:40,619
or reviewing the applications to

1242
00:54:40,619 --> 00:54:42,900
determine their consistency with

1243
00:54:42,900 --> 00:54:45,359
existing zoning laws

1244
00:54:45,359 --> 00:54:47,460
and while during site plan review the

1245
00:54:47,460 --> 00:54:49,579
Planning and Zoning commission has broad

1246
00:54:49,579 --> 00:54:51,900
broader discretion than the zoning

1247
00:54:51,900 --> 00:54:54,660
administrator uh to achieve uh more

1248
00:54:54,660 --> 00:54:56,700
abstract principles

1249
00:54:56,700 --> 00:54:58,140
um

1250
00:54:58,140 --> 00:55:00,119
determining whether the proposed site

1251
00:55:00,119 --> 00:55:02,520
plan complies with the zoning code that

1252
00:55:02,520 --> 00:55:04,920
applies at the time of the review

1253
00:55:04,920 --> 00:55:07,380
typically measured as of the time of the

1254
00:55:07,380 --> 00:55:10,430
application

1255
00:55:10,440 --> 00:55:12,300
this fundamental

1256
00:55:12,300 --> 00:55:14,460
principle of zoning law is made clear in

1257
00:55:14,460 --> 00:55:17,099
the very first sentence of the town code

1258
00:55:17,099 --> 00:55:19,859
section on site plan review

1259
00:55:19,859 --> 00:55:22,440
so in your binders on

1260
00:55:22,440 --> 00:55:23,280
um

1261
00:55:23,280 --> 00:55:25,800
the law I point out I provide you

1262
00:55:25,800 --> 00:55:26,780
section

1263
00:55:26,780 --> 00:55:29,460
290-23a of the Town zoning code I'm

1264
00:55:29,460 --> 00:55:31,319
going to read you the section

1265
00:55:31,319 --> 00:55:35,160
you know focusing your attention on

1266
00:55:35,160 --> 00:55:37,079
that's uh

1267
00:55:37,079 --> 00:55:40,500
293 23A

1268
00:55:40,500 --> 00:55:43,859
want site plans prepared and approved in

1269
00:55:43,859 --> 00:55:45,240
accordance with the provisions of this

1270
00:55:45,240 --> 00:55:46,859
article should be required to assist

1271
00:55:46,859 --> 00:55:49,200
Town administrative officials in the

1272
00:55:49,200 --> 00:55:51,000
review of applications

1273
00:55:51,000 --> 00:55:52,559
for building permits and assure

1274
00:55:52,559 --> 00:55:54,000
compliance with all applicable

1275
00:55:54,000 --> 00:55:57,599
requirements of this Charter

1276
00:55:57,599 --> 00:56:00,000
I bring all this up because the rod and

1277
00:56:00,000 --> 00:56:02,579
reel in initiating the site plan process

1278
00:56:02,579 --> 00:56:05,339
is legally required to do so for this

1279
00:56:05,339 --> 00:56:06,599
development

1280
00:56:06,599 --> 00:56:09,480
okay so I've described the basic

1281
00:56:09,480 --> 00:56:10,980
fundamental property rights and now

1282
00:56:10,980 --> 00:56:14,480
there's a process site plan review that

1283
00:56:14,480 --> 00:56:18,119
applies the zoning

1284
00:56:18,119 --> 00:56:20,940
to the to the site plan that's being

1285
00:56:20,940 --> 00:56:24,770
presented

1286
00:56:24,780 --> 00:56:26,400
now the Planning and Zoning commission

1287
00:56:26,400 --> 00:56:29,059
is responsible for reviewing and it's

1288
00:56:29,059 --> 00:56:31,500
exclusively responsible for reviewing

1289
00:56:31,500 --> 00:56:34,079
all category site one category one site

1290
00:56:34,079 --> 00:56:36,000
plans you've heard from Mr Woodburn that

1291
00:56:36,000 --> 00:56:38,760
they were all category one site plans

1292
00:56:38,760 --> 00:56:42,780
and that's in section 290 23 C3 and 4.

1293
00:56:42,780 --> 00:56:46,079
this is not a discretionary Authority

1294
00:56:46,079 --> 00:56:48,119
the commission must undertake a process

1295
00:56:48,119 --> 00:56:50,520
and approve or disapprove or approved

1296
00:56:50,520 --> 00:56:52,800
with conditions any site plan filed with

1297
00:56:52,800 --> 00:56:54,000
it

1298
00:56:54,000 --> 00:56:55,800
the commission can reject the site plan

1299
00:56:55,800 --> 00:56:58,380
only for non-compliance with then

1300
00:56:58,380 --> 00:57:00,780
existing zoning and or subdivision law

1301
00:57:00,780 --> 00:57:03,180
or other laws impacting the development

1302
00:57:03,180 --> 00:57:05,040
plan such as the county stormwater

1303
00:57:05,040 --> 00:57:08,640
regulations or is a common example

1304
00:57:08,640 --> 00:57:09,960
um

1305
00:57:09,960 --> 00:57:11,940
in addition because the rod and reel

1306
00:57:11,940 --> 00:57:13,800
properties are located in the critical

1307
00:57:13,800 --> 00:57:16,140
area which you've heard

1308
00:57:16,140 --> 00:57:18,180
the Planning and Zoning commission's

1309
00:57:18,180 --> 00:57:20,400
exclusive and mandatory review Authority

1310
00:57:20,400 --> 00:57:23,700
is repeated again in your town code in

1311
00:57:23,700 --> 00:57:29,700
section 290 25a2 and 2A

1312
00:57:29,700 --> 00:57:32,760
and that process is set forth in A5 and

1313
00:57:32,760 --> 00:57:35,220
I'll I'll read it to you

1314
00:57:35,220 --> 00:57:38,520
number five procedure for processing

1315
00:57:38,520 --> 00:57:40,500
upon receipt

1316
00:57:40,500 --> 00:57:43,140
of the site plan the Planning and Zoning

1317
00:57:43,140 --> 00:57:44,819
commission shell

1318
00:57:44,819 --> 00:57:47,579
conduct a review soliciting comments

1319
00:57:47,579 --> 00:57:48,960
from other technical agencies

1320
00:57:48,960 --> 00:57:51,240
departments agents agencies and

1321
00:57:51,240 --> 00:57:52,859
officials as the ploning and Zoning

1322
00:57:52,859 --> 00:57:55,559
commission may deem appropriate

1323
00:57:55,559 --> 00:57:57,359
subsection B

1324
00:57:57,359 --> 00:58:00,900
the site plan shall be approved if it

1325
00:58:00,900 --> 00:58:03,720
meets the requirements of this article

1326
00:58:03,720 --> 00:58:05,579
comma the other requirements of this

1327
00:58:05,579 --> 00:58:07,319
chapter and all other federal state and

1328
00:58:07,319 --> 00:58:08,940
town regulations and all necessary

1329
00:58:08,940 --> 00:58:11,700
permits and approvals have been obtained

1330
00:58:11,700 --> 00:58:12,960
C

1331
00:58:12,960 --> 00:58:15,420
the Planning and Zoning commission shall

1332
00:58:15,420 --> 00:58:18,180
approve conditionally approve or reject

1333
00:58:18,180 --> 00:58:21,119
a site plan within 60 days from the

1334
00:58:21,119 --> 00:58:23,460
filing of the application

1335
00:58:23,460 --> 00:58:25,800
notice of such actions shall be given in

1336
00:58:25,800 --> 00:58:29,450
writing to the applicant

1337
00:58:29,460 --> 00:58:32,400
as you may be able to tell I emphasized

1338
00:58:32,400 --> 00:58:35,640
the words shell those are all

1339
00:58:35,640 --> 00:58:39,299
in statutory language considered indicia

1340
00:58:39,299 --> 00:58:43,079
of a mandatory obligation it's saying in

1341
00:58:43,079 --> 00:58:44,160
the law

1342
00:58:44,160 --> 00:58:48,119
that the Town Council and mayor passed

1343
00:58:48,119 --> 00:58:51,119
to apply in the zoning code to the

1344
00:58:51,119 --> 00:58:53,640
properties filed by this rod and reel

1345
00:58:53,640 --> 00:58:55,619
this this is the site plan review for

1346
00:58:55,619 --> 00:59:00,480
critical area site plans and it must be

1347
00:59:00,480 --> 00:59:02,880
reviewed and

1348
00:59:02,880 --> 00:59:04,619
by either approving it conditionally

1349
00:59:04,619 --> 00:59:06,540
approving it or rejecting that site plan

1350
00:59:06,540 --> 00:59:08,640
within 60 days of the filing application

1351
00:59:08,640 --> 00:59:10,980
so that gives you the timeline where the

1352
00:59:10,980 --> 00:59:21,049
town code mandates that

1353
00:59:21,059 --> 00:59:23,700
it should be noted that

1354
00:59:23,700 --> 00:59:25,380
resolution is done in Chesapeake Beach

1355
00:59:25,380 --> 00:59:26,940
with a preliminary site plan approval

1356
00:59:26,940 --> 00:59:30,000
typically that includes conditions set

1357
00:59:30,000 --> 00:59:31,740
by the Planning and Zoning commission so

1358
00:59:31,740 --> 00:59:33,660
what they do is review it

1359
00:59:33,660 --> 00:59:35,880
first at a hearing have a preliminary

1360
00:59:35,880 --> 00:59:37,319
site plan

1361
00:59:37,319 --> 00:59:39,180
that's reviewed

1362
00:59:39,180 --> 00:59:40,920
then

1363
00:59:40,920 --> 00:59:44,220
conditions for the developer to meet

1364
00:59:44,220 --> 00:59:47,040
before you get back to the final site

1365
00:59:47,040 --> 00:59:49,140
plan review

1366
00:59:49,140 --> 00:59:51,599
um I've done lots of site plan reviews

1367
00:59:51,599 --> 00:59:54,000
with the Chesapeake Beach so I I know

1368
00:59:54,000 --> 00:59:55,859
how the process works I just want to

1369
00:59:55,859 --> 00:59:57,839
make sure you understand that how it

1370
00:59:57,839 --> 01:00:01,200
typically Works doesn't technically have

1371
01:00:01,200 --> 01:00:01,980
to

1372
01:00:01,980 --> 01:00:04,380
have both a preliminary and final but

1373
01:00:04,380 --> 01:00:06,240
that's almost always the way it is on

1374
01:00:06,240 --> 01:00:07,920
anything

1375
01:00:07,920 --> 01:00:09,839
substantive

1376
01:00:09,839 --> 01:00:13,130
um

1377
01:00:13,140 --> 01:00:15,540
I want to point out another important

1378
01:00:15,540 --> 01:00:18,780
code section that's relevant as we begin

1379
01:00:18,780 --> 01:00:22,500
this timeline sorry

1380
01:00:22,500 --> 01:00:24,319
um section

1381
01:00:24,319 --> 01:00:27,720
290-31e1 of your zoning code

1382
01:00:27,720 --> 01:00:29,700
provides another binding obligation of

1383
01:00:29,700 --> 01:00:30,780
the commission

1384
01:00:30,780 --> 01:00:32,460
it's grounded in law and not in a

1385
01:00:32,460 --> 01:00:35,450
discretionary power

1386
01:00:35,460 --> 01:00:37,380
and addresses the condition the

1387
01:00:37,380 --> 01:00:39,059
commission's meeting obligations with

1388
01:00:39,059 --> 01:00:41,520
respect to site plan admissions

1389
01:00:41,520 --> 01:00:44,510
I'll read it

1390
01:00:44,520 --> 01:00:47,940
the Planning Commission shall establish

1391
01:00:47,940 --> 01:00:49,920
a regular meeting schedule and shall

1392
01:00:49,920 --> 01:00:51,839
meet frequently enough so that it can

1393
01:00:51,839 --> 01:00:54,780
take action on all complete applications

1394
01:00:54,780 --> 01:00:57,839
in an expeditious manner

1395
01:00:57,839 --> 01:00:59,339
the Planning Commission shall hold

1396
01:00:59,339 --> 01:01:01,680
meetings quarterly or more often as the

1397
01:01:01,680 --> 01:01:03,839
planning commission's duties require

1398
01:01:03,839 --> 01:01:05,400
if there is no business before the

1399
01:01:05,400 --> 01:01:06,720
Planning Commission the chairman May

1400
01:01:06,720 --> 01:01:08,819
cancel the meeting

1401
01:01:08,819 --> 01:01:13,440
so not the meetings also have to be as a

1402
01:01:13,440 --> 01:01:17,270
mandatory process

1403
01:01:17,280 --> 01:01:19,680
be held and they have to be held

1404
01:01:19,680 --> 01:01:21,720
frequently enough so that they can take

1405
01:01:21,720 --> 01:01:24,599
action on to complete applications in an

1406
01:01:24,599 --> 01:01:26,280
expeditious manner so that's the

1407
01:01:26,280 --> 01:01:28,260
standard that the town code provides to

1408
01:01:28,260 --> 01:01:29,880
the Planning and Zoning commission when

1409
01:01:29,880 --> 01:01:33,660
they get site plan reviews and this

1410
01:01:33,660 --> 01:01:40,370
especially with critical area

1411
01:01:40,380 --> 01:01:43,619
now the zoning administrator also a

1412
01:01:43,619 --> 01:01:46,260
party that we allege error is required

1413
01:01:46,260 --> 01:01:49,799
under your code the town code

1414
01:01:49,799 --> 01:01:54,359
to assist in the in the administration

1415
01:01:54,359 --> 01:01:58,140
of site plan review and that's found in

1416
01:01:58,140 --> 01:02:02,940
subsection C2 of section 290-23 which

1417
01:02:02,940 --> 01:02:05,339
also uses the mandatory language the

1418
01:02:05,339 --> 01:02:07,440
shell language and says the

1419
01:02:07,440 --> 01:02:09,000
administrator shall review the

1420
01:02:09,000 --> 01:02:10,500
application for completeness and will

1421
01:02:10,500 --> 01:02:12,480
refer the application to the appropriate

1422
01:02:12,480 --> 01:02:14,359
individuals or agencies for review

1423
01:02:14,359 --> 01:02:18,059
comment or approval

1424
01:02:18,059 --> 01:02:20,700
note that for category one-site plans

1425
01:02:20,700 --> 01:02:22,859
like in the critical area that we have

1426
01:02:22,859 --> 01:02:24,599
in this case

1427
01:02:24,599 --> 01:02:26,520
um this would need to be done in time to

1428
01:02:26,520 --> 01:02:28,200
fit within the 60-day resolution

1429
01:02:28,200 --> 01:02:30,420
requirement

1430
01:02:30,420 --> 01:02:32,339
uh this obligation of the zoning

1431
01:02:32,339 --> 01:02:34,920
administrator is restated in the section

1432
01:02:34,920 --> 01:02:36,780
establishing the zoning administrator's

1433
01:02:36,780 --> 01:02:39,119
Authority as set forth in section

1434
01:02:39,119 --> 01:02:42,650
290-2615

1435
01:02:42,660 --> 01:02:46,140
typically uh the zip Tana zoning

1436
01:02:46,140 --> 01:02:47,880
administrator provides a staff report to

1437
01:02:47,880 --> 01:02:49,319
the commission which provides the

1438
01:02:49,319 --> 01:02:52,079
administrator's view of the proposed

1439
01:02:52,079 --> 01:02:53,579
development and its compliance with the

1440
01:02:53,579 --> 01:02:55,319
zoning ordinance subdivision regulations

1441
01:02:55,319 --> 01:02:57,960
or other related laws uh consistent with

1442
01:02:57,960 --> 01:03:09,049
his authority in 290-2613.

1443
01:03:09,059 --> 01:03:11,819
so to recap we've got a mandatory

1444
01:03:11,819 --> 01:03:13,740
obligation of the Planning and Zoning

1445
01:03:13,740 --> 01:03:15,599
commission to review category 1 site

1446
01:03:15,599 --> 01:03:17,940
plans hold a public hearing on them and

1447
01:03:17,940 --> 01:03:19,680
must provide a decision within 60 days

1448
01:03:19,680 --> 01:03:21,420
of the filing

1449
01:03:21,420 --> 01:03:23,280
mandatory obligation of the zoning

1450
01:03:23,280 --> 01:03:24,960
administrator to assist in that

1451
01:03:24,960 --> 01:03:27,720
pre-hearing review for category one site

1452
01:03:27,720 --> 01:03:29,280
plans and assist the Planning and Zoning

1453
01:03:29,280 --> 01:03:33,170
Commission

1454
01:03:33,180 --> 01:03:35,460
you've we already brought into the

1455
01:03:35,460 --> 01:03:36,960
record

1456
01:03:36,960 --> 01:03:39,059
I believe it's exhibit seven is it

1457
01:03:39,059 --> 01:03:41,520
Paul's letter seven the email that Mr

1458
01:03:41,520 --> 01:03:45,359
Woodburn received on February 5th seven

1459
01:03:45,359 --> 01:03:52,920
days after we file the site plans after he

1460
01:03:52,920 --> 01:03:54,180
filed the site plans for the rod and

1461
01:03:54,180 --> 01:03:57,410
reel

1462
01:03:57,420 --> 01:03:59,339
it's important to

1463
01:03:59,339 --> 01:04:01,500
understand the be that this is the

1464
01:04:01,500 --> 01:04:04,440
beginning of refusal to process the site

1465
01:04:04,440 --> 01:04:06,000
plans and he's telling you the two

1466
01:04:06,000 --> 01:04:07,680
reasons why

1467
01:04:07,680 --> 01:04:10,200
he believes those site plans shouldn't

1468
01:04:10,200 --> 01:04:12,599
be reviewed

1469
01:04:12,599 --> 01:04:14,220
if you want I can read it again to

1470
01:04:14,220 --> 01:04:15,660
emphasize it you've already got it in

1471
01:04:15,660 --> 01:04:17,339
the record but I don't want to

1472
01:04:17,339 --> 01:04:19,920
take more time but the point

1473
01:04:19,920 --> 01:04:21,480
is

1474
01:04:21,480 --> 01:04:24,299
that he makes two

1475
01:04:24,299 --> 01:04:27,960
reasons why site plan review shouldn't

1476
01:04:27,960 --> 01:04:29,040
proceed

1477
01:04:29,040 --> 01:04:32,040
one that it would compound the

1478
01:04:32,040 --> 01:04:33,780
challenges of the Planning and Zoning

1479
01:04:33,780 --> 01:04:35,280
commissions work

1480
01:04:35,280 --> 01:04:37,559
on planning

1481
01:04:37,559 --> 01:04:39,900
and ordinance drafting

1482
01:04:39,900 --> 01:04:41,579
um that they were doing with the

1483
01:04:41,579 --> 01:04:43,319
comprehensive plan

1484
01:04:43,319 --> 01:04:46,500
and then second that

1485
01:04:46,500 --> 01:04:48,960
a moratorium was going to be proposed

1486
01:04:48,960 --> 01:04:50,700
prior to this there was no moratorium

1487
01:04:50,700 --> 01:04:53,339
being discussed

1488
01:04:53,339 --> 01:04:57,589
at all

1489
01:04:57,599 --> 01:04:59,940
notice in this email that the zoning

1490
01:04:59,940 --> 01:05:02,040
administrator completely ignores the

1491
01:05:02,040 --> 01:05:03,839
60-day review requirement and the

1492
01:05:03,839 --> 01:05:05,280
obligation of the commission to hold

1493
01:05:05,280 --> 01:05:06,420
meetings

1494
01:05:06,420 --> 01:05:08,880
as often as necessary to get that work

1495
01:05:08,880 --> 01:05:09,900
done

1496
01:05:09,900 --> 01:05:13,619
so when he says that

1497
01:05:13,619 --> 01:05:16,200
one of the reasons for not reviewing the

1498
01:05:16,200 --> 01:05:19,500
site plans and not having the Planning

1499
01:05:19,500 --> 01:05:20,880
and Zoning commission review the site

1500
01:05:20,880 --> 01:05:24,900
plans is that it's too much work

1501
01:05:24,900 --> 01:05:28,079
I I cited you the section the section of

1502
01:05:28,079 --> 01:05:30,839
the town code says they shall meet must

1503
01:05:30,839 --> 01:05:34,200
meet as often as necessary to to do both

1504
01:05:34,200 --> 01:05:35,940
of their functions

1505
01:05:35,940 --> 01:05:38,280
to explain that

1506
01:05:38,280 --> 01:05:39,900
understand that the Planning and Zoning

1507
01:05:39,900 --> 01:05:42,059
commission has two different types of

1508
01:05:42,059 --> 01:05:44,160
functions they have the planning and

1509
01:05:44,160 --> 01:05:46,020
policy oriented function and that would

1510
01:05:46,020 --> 01:05:48,180
have been done for the comprehensive

1511
01:05:48,180 --> 01:05:50,220
plan

1512
01:05:50,220 --> 01:05:53,400
um and that's what Mr uh jacobiak was

1513
01:05:53,400 --> 01:05:55,260
referring to that they were working on a

1514
01:05:55,260 --> 01:05:56,640
comprehensive plan

1515
01:05:56,640 --> 01:05:58,920
that's a policy thing

1516
01:05:58,920 --> 01:06:01,440
they also are administrators

1517
01:06:01,440 --> 01:06:03,900
two different roles and they have to do

1518
01:06:03,900 --> 01:06:06,059
both of them under the law at the same

1519
01:06:06,059 --> 01:06:07,859
time and hold as many meetings as

1520
01:06:07,859 --> 01:06:09,900
necessary to do both of those functions

1521
01:06:09,900 --> 01:06:12,839
that administrative function is site

1522
01:06:12,839 --> 01:06:14,880
plan reviews like we filed for the rod

1523
01:06:14,880 --> 01:06:18,299
and reel but also subdivision plots get

1524
01:06:18,299 --> 01:06:20,579
reviewed if

1525
01:06:20,579 --> 01:06:22,260
the the

1526
01:06:22,260 --> 01:06:24,960
Town opens a new road they they do a

1527
01:06:24,960 --> 01:06:28,880
review they have a series of required

1528
01:06:28,880 --> 01:06:31,380
administrative tasks

1529
01:06:31,380 --> 01:06:33,480
under the town code that they must

1530
01:06:33,480 --> 01:06:34,859
complete

1531
01:06:34,859 --> 01:06:38,480
and a lot of those flow from Maryland

1532
01:06:38,480 --> 01:06:40,660
statutory law

1533
01:06:40,660 --> 01:06:44,329
[Music]

1534
01:06:44,339 --> 01:06:48,359
the I'm going to take take on the first

1535
01:06:48,359 --> 01:06:50,819
I'm going to divide the presentation now

1536
01:06:50,819 --> 01:06:54,000
between the two reasons why Mr Kubiak

1537
01:06:54,000 --> 01:06:55,940
was saying they weren't going to

1538
01:06:55,940 --> 01:07:00,490
do the site plan reviews

1539
01:07:00,500 --> 01:07:02,880
I mean we've been going on for some time

1540
01:07:02,880 --> 01:07:04,260
now and I've been letting him just kind

1541
01:07:04,260 --> 01:07:06,119
of go on with his presentation that's

1542
01:07:06,119 --> 01:07:09,420
fine but Mr jubiak has no Authority okay

1543
01:07:09,420 --> 01:07:11,400
so you keep speaking of talking about Mr

1544
01:07:11,400 --> 01:07:14,220
jubiakin is is his emails and so forth

1545
01:07:14,220 --> 01:07:16,079
he's got no Authority the Planning

1546
01:07:16,079 --> 01:07:18,660
Commission or or to the Town Council he

1547
01:07:18,660 --> 01:07:20,039
is someone who makes recommendations

1548
01:07:20,039 --> 01:07:23,819
that's it and so you know the idea that

1549
01:07:23,819 --> 01:07:26,160
somehow Mr Jupiter gets made final

1550
01:07:26,160 --> 01:07:27,420
decisions here

1551
01:07:27,420 --> 01:07:29,039
you've been we've been going on for some

1552
01:07:29,039 --> 01:07:31,920
time and obviously you know we've been

1553
01:07:31,920 --> 01:07:33,720
dancing around some of the key points of

1554
01:07:33,720 --> 01:07:35,940
the law so I'm going to be asked to have

1555
01:07:35,940 --> 01:07:39,059
just a few minutes when this ends

1556
01:07:39,059 --> 01:07:41,579
um uh but you know I just want to bring

1557
01:07:41,579 --> 01:07:44,460
up that point of saying at this point

1558
01:07:44,460 --> 01:07:46,079
I don't know what the relevance is what

1559
01:07:46,079 --> 01:07:49,799
Mr jubiak was doing but uh thank you I

1560
01:07:49,799 --> 01:07:52,380
noted uh with regards to Mr jacobiak and

1561
01:07:52,380 --> 01:07:54,539
we will give you some minutes to uh

1562
01:07:54,539 --> 01:07:56,460
respond in bulk later in the minute

1563
01:07:56,460 --> 01:07:58,260
please continue so

1564
01:07:58,260 --> 01:08:01,020
just to respond to that Mr jakku I just

1565
01:08:01,020 --> 01:08:04,020
read Mr jacobiak's Authority Under The

1566
01:08:04,020 --> 01:08:06,660
Zone obligation under the zoning code to

1567
01:08:06,660 --> 01:08:08,940
assist in site plan review that's what

1568
01:08:08,940 --> 01:08:10,920
he was doing when he sent his February

1569
01:08:10,920 --> 01:08:13,859
5th meeting I just read you the statute

1570
01:08:13,859 --> 01:08:23,150
that's what I'm referring to

1571
01:08:23,160 --> 01:08:25,440
so as I was saying I'm going to divide

1572
01:08:25,440 --> 01:08:28,259
up the rest of this dealing first with

1573
01:08:28,259 --> 01:08:30,359
the part that's associated with his

1574
01:08:30,359 --> 01:08:32,940
rationale for not proceeding with site

1575
01:08:32,940 --> 01:08:34,500
plan review

1576
01:08:34,500 --> 01:08:38,689
which was that there would be

1577
01:08:38,699 --> 01:08:40,319
that the commission it would be two

1578
01:08:40,319 --> 01:08:42,779
burdensome on the commission to do the

1579
01:08:42,779 --> 01:08:44,759
site plan reviews because they were also

1580
01:08:44,759 --> 01:08:49,010
doing the comprehensive plan

1581
01:08:49,020 --> 01:08:51,000
I've pointed out the statute that says

1582
01:08:51,000 --> 01:08:52,560
they have to do both at the same time

1583
01:08:52,560 --> 01:08:55,080
and do it as expeditiously with as many

1584
01:08:55,080 --> 01:08:57,480
meetings as necessary to do it

1585
01:08:57,480 --> 01:09:00,719
so what's particularly ridiculous about

1586
01:09:00,719 --> 01:09:03,359
this point in in the zoning

1587
01:09:03,359 --> 01:09:06,600
administrators argument in his email

1588
01:09:06,600 --> 01:09:09,179
is at this point in time

1589
01:09:09,179 --> 01:09:11,940
the town's comprehensive plan and the

1590
01:09:11,940 --> 01:09:13,620
implementing zoning ordinance was

1591
01:09:13,620 --> 01:09:16,500
already four years late

1592
01:09:16,500 --> 01:09:18,359
excuse me Mr pleasure are you going to

1593
01:09:18,359 --> 01:09:22,380
have a present evidence uh to uh

1594
01:09:22,380 --> 01:09:24,660
elucidate on these points that you're

1595
01:09:24,660 --> 01:09:27,540
making now or are you testifying uh I

1596
01:09:27,540 --> 01:09:30,179
will present well

1597
01:09:30,179 --> 01:09:32,520
number one you want to testify raise

1598
01:09:32,520 --> 01:09:35,100
your right hand and take the oath okay

1599
01:09:35,100 --> 01:09:37,920
or if you already took the other so we

1600
01:09:37,920 --> 01:09:41,100
can clear away I do include to include

1601
01:09:41,100 --> 01:09:45,299
any facts that I offer

1602
01:09:45,299 --> 01:09:46,679
that's fine

1603
01:09:46,679 --> 01:09:49,199
is that okay I mean you you're except

1604
01:09:49,199 --> 01:09:51,600
accepting that I mean we are moving

1605
01:09:51,600 --> 01:09:54,060
towards closing throughout a lot of what

1606
01:09:54,060 --> 01:09:55,860
he's talking about this is not testimony

1607
01:09:55,860 --> 01:09:57,780
does not you're Way Beyond where we

1608
01:09:57,780 --> 01:09:59,699
started with it's this is definitely

1609
01:09:59,699 --> 01:10:02,460
like a closing type argument but

1610
01:10:02,460 --> 01:10:04,610
um

1611
01:10:04,620 --> 01:10:06,900
this is you know where this is right now

1612
01:10:06,900 --> 01:10:08,880
not making a closing argument I'm making

1613
01:10:08,880 --> 01:10:12,840
the explanation of why we say that the

1614
01:10:12,840 --> 01:10:14,340
Planning and Zoning administrator and

1615
01:10:14,340 --> 01:10:16,020
the Planning and Zoning commission which

1616
01:10:16,020 --> 01:10:17,460
are the parties that we allege committed

1617
01:10:17,460 --> 01:10:20,820
error were wrongful in denying site plan

1618
01:10:20,820 --> 01:10:23,340
review so I get to go through all of the

1619
01:10:23,340 --> 01:10:25,620
reasons and the rationales and those

1620
01:10:25,620 --> 01:10:27,780
things that are related to that that

1621
01:10:27,780 --> 01:10:30,420
make their decisions completely unjust

1622
01:10:30,420 --> 01:10:32,040
with respect to the rod and reel

1623
01:10:32,040 --> 01:10:34,920
applications that were filed that's kind

1624
01:10:34,920 --> 01:10:38,040
of the raison Detra of this case so I'm

1625
01:10:38,040 --> 01:10:42,960
going to explain why first the first

1626
01:10:42,960 --> 01:10:45,060
argument of the zoning administrator in

1627
01:10:45,060 --> 01:10:47,040
his February 5th email

1628
01:10:47,040 --> 01:10:51,709
was so ridiculous

1629
01:10:51,719 --> 01:10:53,400
so remember that the applications were

1630
01:10:53,400 --> 01:10:56,520
filed on January 29th of 2021

1631
01:10:56,520 --> 01:10:59,159
that means the 60-day requirement

1632
01:10:59,159 --> 01:11:00,659
um to hold a hearing

1633
01:11:00,659 --> 01:11:03,120
on those site plans would put that date

1634
01:11:03,120 --> 01:11:06,780
on March 30th of 2021.

1635
01:11:06,780 --> 01:11:10,080
that hearing did not occur

1636
01:11:10,080 --> 01:11:11,580
at this point

1637
01:11:11,580 --> 01:11:13,800
the last comprehensive plan of the town

1638
01:11:13,800 --> 01:11:16,560
of Chesapeake Beach had been passed on

1639
01:11:16,560 --> 01:11:20,219
January 20th 2011. you can make take

1640
01:11:20,219 --> 01:11:22,500
judicial notice of that because it's the

1641
01:11:22,500 --> 01:11:24,600
official government thing it's on your

1642
01:11:24,600 --> 01:11:26,460
website that's actually where I get the

1643
01:11:26,460 --> 01:11:28,860
date we'll have other exhibits that

1644
01:11:28,860 --> 01:11:29,760
actually

1645
01:11:29,760 --> 01:11:32,280
um probably show that as well

1646
01:11:32,280 --> 01:11:35,520
um so it it's not a

1647
01:11:35,520 --> 01:11:37,980
issues so the point is that at that

1648
01:11:37,980 --> 01:11:39,480
point in time the last comprehensive

1649
01:11:39,480 --> 01:11:43,320
plan was January 20th of 2011.

1650
01:11:43,320 --> 01:11:45,360
now the legal obligation on the Planning

1651
01:11:45,360 --> 01:11:47,760
and Zoning commission is to propose a

1652
01:11:47,760 --> 01:11:49,860
new plan at least every six years under

1653
01:11:49,860 --> 01:11:51,300
the town law

1654
01:11:51,300 --> 01:11:56,209
that's found in section 290-31a1

1655
01:11:56,219 --> 01:11:57,840
and it reads

1656
01:11:57,840 --> 01:12:00,239
a purpose

1657
01:12:00,239 --> 01:12:03,300
the Planning Commission shall advise the

1658
01:12:03,300 --> 01:12:05,040
Town Council on all matters relating to

1659
01:12:05,040 --> 01:12:06,360
the orderly growth of the town of

1660
01:12:06,360 --> 01:12:09,420
Chesapeake Beach more specifically the

1661
01:12:09,420 --> 01:12:11,159
Planning Commission with the advice and

1662
01:12:11,159 --> 01:12:13,080
assistance of the Town staff and or

1663
01:12:13,080 --> 01:12:15,239
retained town planning experts shall

1664
01:12:15,239 --> 01:12:17,280
number one

1665
01:12:17,280 --> 01:12:19,560
prepare and recommend a comprehensive

1666
01:12:19,560 --> 01:12:21,060
plan for the town of Chesapeake Beach

1667
01:12:21,060 --> 01:12:23,400
and review and update said plan at least

1668
01:12:23,400 --> 01:12:25,560
once every six years

1669
01:12:25,560 --> 01:12:28,320
notice the mandatory language in that

1670
01:12:28,320 --> 01:12:29,400
section

1671
01:12:29,400 --> 01:12:31,320
this is not a discretionary Authority

1672
01:12:31,320 --> 01:12:32,940
the mayor and Town Council through a

1673
01:12:32,940 --> 01:12:36,360
legislative act adopted a zoning code

1674
01:12:36,360 --> 01:12:39,179
that uses the mandatory language shell

1675
01:12:39,179 --> 01:12:41,159
to establish that one of the legal

1676
01:12:41,159 --> 01:12:42,600
obligations of the Planning and Zoning

1677
01:12:42,600 --> 01:12:44,820
commission for Chesapeake Beach is to

1678
01:12:44,820 --> 01:12:46,080
prepare and recommend a new

1679
01:12:46,080 --> 01:12:48,239
comprehensive plan at least every six

1680
01:12:48,239 --> 01:12:49,440
years

1681
01:12:49,440 --> 01:12:52,500
now there is also a state mandate that

1682
01:12:52,500 --> 01:12:54,179
comprehensive plans be reviewed at least

1683
01:12:54,179 --> 01:12:56,280
every 10 years and that's found in

1684
01:12:56,280 --> 01:12:59,699
section 3-301 of the land use article of

1685
01:12:59,699 --> 01:13:01,560
the annotated code of Maryland and

1686
01:13:01,560 --> 01:13:04,440
that's in your white notebook

1687
01:13:04,440 --> 01:13:06,920
but that's at least every 10 years

1688
01:13:06,920 --> 01:13:09,780
municipalities are authorized to do it

1689
01:13:09,780 --> 01:13:12,420
as often as they want and this

1690
01:13:12,420 --> 01:13:14,880
municipality Chesapeake Beach

1691
01:13:14,880 --> 01:13:16,560
Road a law

1692
01:13:16,560 --> 01:13:18,120
it binds the Planning and Zoning

1693
01:13:18,120 --> 01:13:20,940
commission to do it every six years

1694
01:13:20,940 --> 01:13:23,940
the reason I bring that up is

1695
01:13:23,940 --> 01:13:25,739
the art the first argument of Mr

1696
01:13:25,739 --> 01:13:27,480
Jakubiak for not

1697
01:13:27,480 --> 01:13:29,460
preparing a site plan

1698
01:13:29,460 --> 01:13:32,280
was that the commission was working on a

1699
01:13:32,280 --> 01:13:33,540
comprehensive plan

1700
01:13:33,540 --> 01:13:35,699
and that's why I say

1701
01:13:35,699 --> 01:13:38,219
it's kind of ridiculous to say we we

1702
01:13:38,219 --> 01:13:41,040
don't have time to do your site plans

1703
01:13:41,040 --> 01:13:43,920
when they're six years late on doing

1704
01:13:43,920 --> 01:13:46,580
their current plan

1705
01:13:46,580 --> 01:13:49,560
sorry to interrupt you uh several times

1706
01:13:49,560 --> 01:13:51,540
you've mentioned a white notebook

1707
01:13:51,540 --> 01:14:04,310
did I not pass those out no I apologize

1708
01:14:04,320 --> 01:14:06,179
I did

1709
01:14:06,179 --> 01:14:20,870
foreign

1710
01:14:20,880 --> 01:14:29,350
[Music]

1711
01:14:29,360 --> 01:14:31,440
make one comment

1712
01:14:31,440 --> 01:14:33,120
okay

1713
01:14:33,120 --> 01:14:34,860
um you know we've been going on about

1714
01:14:34,860 --> 01:14:37,739
various things Mr chubiak did this Mr

1715
01:14:37,739 --> 01:14:40,260
trivia didn't do that uh I just want to

1716
01:14:40,260 --> 01:14:42,540
make sure that the the board understands

1717
01:14:42,540 --> 01:14:44,460
it's the Town Council that made the

1718
01:14:44,460 --> 01:14:46,679
decision okay the Town Council is the

1719
01:14:46,679 --> 01:14:48,300
one who passed a moratorium that told

1720
01:14:48,300 --> 01:14:50,940
him what he can and can do this has

1721
01:14:50,940 --> 01:14:52,800
nothing to do with Mr zubiak didn't

1722
01:14:52,800 --> 01:14:54,719
comply with dysregulation didn't comply

1723
01:14:54,719 --> 01:14:56,460
with that maybe the Town Council

1724
01:14:56,460 --> 01:14:59,400
everybody knows the Town Council runs

1725
01:14:59,400 --> 01:15:01,739
the town they make decisions on behalf

1726
01:15:01,739 --> 01:15:04,800
of the town they tell the people in the

1727
01:15:04,800 --> 01:15:07,739
town what they can and can't do so in

1728
01:15:07,739 --> 01:15:10,679
essence this this this tirade of going

1729
01:15:10,679 --> 01:15:13,020
on with Mr Kubiak didn't do this it

1730
01:15:13,020 --> 01:15:14,820
didn't comply with that doesn't make any

1731
01:15:14,820 --> 01:15:16,320
difference because the Town Council

1732
01:15:16,320 --> 01:15:18,060
passed a moratorium it was a legislative

1733
01:15:18,060 --> 01:15:20,040
function and they said this is what

1734
01:15:20,040 --> 01:15:21,540
you're going to do this is what you're

1735
01:15:21,540 --> 01:15:23,219
not going to do and I'm going to be

1736
01:15:23,219 --> 01:15:24,900
talking about that later but but I just

1737
01:15:24,900 --> 01:15:27,420
want to kind of it's one of the many

1738
01:15:27,420 --> 01:15:28,320
things we're going to be bringing up

1739
01:15:28,320 --> 01:15:32,450
thank you all right thank you continue

1740
01:15:32,460 --> 01:15:35,400
and kind of object to having our case

1741
01:15:35,400 --> 01:15:37,199
constantly that wasn't an objection it

1742
01:15:37,199 --> 01:15:39,480
was merely just an argument

1743
01:15:39,480 --> 01:15:42,179
under the board's rules we present our

1744
01:15:42,179 --> 01:15:44,400
entire case first

1745
01:15:44,400 --> 01:15:46,739
that's it our witnesses can be

1746
01:15:46,739 --> 01:15:48,719
cross-examined but I'm making the legal

1747
01:15:48,719 --> 01:15:51,659
arguments about why

1748
01:15:51,659 --> 01:15:54,179
the failure of the Planning and Zoning

1749
01:15:54,179 --> 01:15:56,460
commission to process site plans was

1750
01:15:56,460 --> 01:15:59,640
wrongful and I get to explain all of the

1751
01:15:59,640 --> 01:16:01,920
reasons and we're starting with the fact

1752
01:16:01,920 --> 01:16:03,719
that the zoning administrator who I've

1753
01:16:03,719 --> 01:16:05,880
demonstrated is legally obligated to

1754
01:16:05,880 --> 01:16:07,800
assist with site plan review with the

1755
01:16:07,800 --> 01:16:10,500
Planning and Zoning Commission

1756
01:16:10,500 --> 01:16:12,840
sent the letter and gave two rationales

1757
01:16:12,840 --> 01:16:14,820
why they weren't going to do it

1758
01:16:14,820 --> 01:16:17,640
and the first one is that they were too

1759
01:16:17,640 --> 01:16:18,840
busy because they were working on the

1760
01:16:18,840 --> 01:16:20,580
comprehensive plan and that these five

1761
01:16:20,580 --> 01:16:22,380
site plans would have

1762
01:16:22,380 --> 01:16:25,140
made that difficult or impossible you

1763
01:16:25,140 --> 01:16:27,179
didn't say that but he

1764
01:16:27,179 --> 01:16:29,280
you can read the letter I don't wanna

1765
01:16:29,280 --> 01:16:39,830
put Mr words in Mr jacobiak's um

1766
01:16:39,840 --> 01:16:42,659
I'll read the relevant section

1767
01:16:42,659 --> 01:16:45,179
um further these projects if implemented

1768
01:16:45,179 --> 01:16:46,679
have real potential to compound the

1769
01:16:46,679 --> 01:16:48,600
challenges of the planning commission's

1770
01:16:48,600 --> 01:16:51,300
work on planning and ordinance drafting

1771
01:16:51,300 --> 01:16:53,880
is seeking to address

1772
01:16:53,880 --> 01:16:54,900
wasn't

1773
01:16:54,900 --> 01:16:56,940
a complete sentence but

1774
01:16:56,940 --> 01:16:59,100
so

1775
01:16:59,100 --> 01:17:01,980
we're back to the idea of why that was

1776
01:17:01,980 --> 01:17:05,090
ridiculous first

1777
01:17:05,100 --> 01:17:06,600
they were he was pointing to the fact

1778
01:17:06,600 --> 01:17:07,560
that they were working on a

1779
01:17:07,560 --> 01:17:09,719
comprehensive plan and I'm pointing out

1780
01:17:09,719 --> 01:17:12,420
that they were legally already six years

1781
01:17:12,420 --> 01:17:14,990
behind

1782
01:17:15,000 --> 01:17:16,860
and I was talking about the state

1783
01:17:16,860 --> 01:17:19,620
deadline as well

1784
01:17:19,620 --> 01:17:22,199
but that state deadline also actually

1785
01:17:22,199 --> 01:17:24,480
has an important point

1786
01:17:24,480 --> 01:17:26,460
because even though the town law is

1787
01:17:26,460 --> 01:17:28,140
mandatory on the zoning administrator

1788
01:17:28,140 --> 01:17:29,340
and the Planning and Zoning commission

1789
01:17:29,340 --> 01:17:31,500
well I apologize on the Planning and

1790
01:17:31,500 --> 01:17:32,580
Zoning commission not the zoning

1791
01:17:32,580 --> 01:17:34,020
minister

1792
01:17:34,020 --> 01:17:36,229
um

1793
01:17:36,239 --> 01:17:39,550
you're going to hear

1794
01:17:39,560 --> 01:17:42,179
that the commission did not even meet

1795
01:17:42,179 --> 01:17:44,820
the state's 10-year deadline

1796
01:17:44,820 --> 01:17:46,860
the final resolution proposing the

1797
01:17:46,860 --> 01:17:48,659
updated comprehensive plan was adopted

1798
01:17:48,659 --> 01:17:50,460
by the Planning and Zoning Commission on

1799
01:17:50,460 --> 01:17:52,800
November 9th 2021.

1800
01:17:52,800 --> 01:17:55,020
okay and you can take judicial notes to

1801
01:17:55,020 --> 01:17:57,060
that given that the previous plan had

1802
01:17:57,060 --> 01:17:59,820
been adopted on January 20th January

1803
01:17:59,820 --> 01:18:03,239
20th of 2011 the commission was over 10

1804
01:18:03,239 --> 01:18:04,860
months late in meeting the state

1805
01:18:04,860 --> 01:18:06,179
deadline

1806
01:18:06,179 --> 01:18:08,880
this failure has important consequences

1807
01:18:08,880 --> 01:18:10,560
because both the state and town

1808
01:18:10,560 --> 01:18:12,659
deadlines are meaningful substantive

1809
01:18:12,659 --> 01:18:14,159
legal obligations of the Chesapeake

1810
01:18:14,159 --> 01:18:16,199
Beach Planning and Zoning Commission

1811
01:18:16,199 --> 01:18:18,780
property owners and citizens have the

1812
01:18:18,780 --> 01:18:20,699
right to rely upon those requirements

1813
01:18:20,699 --> 01:18:21,900
being met

1814
01:18:21,900 --> 01:18:24,300
and especially when their properties are

1815
01:18:24,300 --> 01:18:26,280
the ones being regulated by those zoning

1816
01:18:26,280 --> 01:18:27,480
laws

1817
01:18:27,480 --> 01:18:30,659
this is necessary to meet basic due

1818
01:18:30,659 --> 01:18:32,400
process

1819
01:18:32,400 --> 01:18:34,440
um in the application of the regulations

1820
01:18:34,440 --> 01:18:37,750
to property owners

1821
01:18:37,760 --> 01:18:40,440
these obligations are enforceable

1822
01:18:40,440 --> 01:18:42,659
because Maryland's adoption of what is

1823
01:18:42,659 --> 01:18:45,480
known as smart growth which includes as

1824
01:18:45,480 --> 01:18:48,179
one of the of its many state mandates

1825
01:18:48,179 --> 01:18:49,980
the obligation of the Planning and

1826
01:18:49,980 --> 01:18:52,320
Zoning commission and the Town Council

1827
01:18:52,320 --> 01:18:54,480
to adopt and apply what are known as the

1828
01:18:54,480 --> 01:18:56,640
smart growth visions

1829
01:18:56,640 --> 01:18:59,460
in their comprehensive plans

1830
01:18:59,460 --> 01:19:02,580
including any updates to the plan

1831
01:19:02,580 --> 01:19:05,159
to understand why these deadlines are

1832
01:19:05,159 --> 01:19:07,199
not merely aspirational goals under

1833
01:19:07,199 --> 01:19:09,900
state law but meaningful deadlines with

1834
01:19:09,900 --> 01:19:11,040
consequence

1835
01:19:11,040 --> 01:19:14,400
the board should consider section 3-304

1836
01:19:14,400 --> 01:19:16,620
of the land use article of the annotated

1837
01:19:16,620 --> 01:19:18,540
code of Maryland

1838
01:19:18,540 --> 01:19:21,780
that section requires inclusion of the

1839
01:19:21,780 --> 01:19:24,360
required plan elements in subtitle one

1840
01:19:24,360 --> 01:19:26,100
I'm not going to review

1841
01:19:26,100 --> 01:19:28,199
all the details of what those are but

1842
01:19:28,199 --> 01:19:29,760
their divisions

1843
01:19:29,760 --> 01:19:32,880
it's not really relevant to my point

1844
01:19:32,880 --> 01:19:34,440
um in accordance with the review

1845
01:19:34,440 --> 01:19:36,500
schedule in section

1846
01:19:36,500 --> 01:19:39,480
3-303 of the land use article

1847
01:19:39,480 --> 01:19:41,760
that imposes a deadline

1848
01:19:41,760 --> 01:19:44,100
which we just covered the required plan

1849
01:19:44,100 --> 01:19:46,020
elements have been added to over the

1850
01:19:46,020 --> 01:19:48,060
years they started off I believe at 12

1851
01:19:48,060 --> 01:19:52,140
and up to 17 or 18 of them now

1852
01:19:52,140 --> 01:19:54,320
um but notice that under subsection B

1853
01:19:54,320 --> 01:19:57,960
the local jurisdiction can request but

1854
01:19:57,960 --> 01:20:01,850
must establish good cause

1855
01:20:01,860 --> 01:20:05,040
May request a six-month extension of

1856
01:20:05,040 --> 01:20:07,729
that deadline

1857
01:20:07,739 --> 01:20:09,480
and they do that request to the Maryland

1858
01:20:09,480 --> 01:20:11,280
office of planning

1859
01:20:11,280 --> 01:20:13,020
the commission could have made up to two

1860
01:20:13,020 --> 01:20:15,179
extension requests but they did not make

1861
01:20:15,179 --> 01:20:17,340
any requests nor did the department of

1862
01:20:17,340 --> 01:20:19,020
planning Grant such an extension to the

1863
01:20:19,020 --> 01:20:20,460
Chesapeake Beach

1864
01:20:20,460 --> 01:20:22,320
planning a zoning commission

1865
01:20:22,320 --> 01:20:31,390
um

1866
01:20:31,400 --> 01:20:48,790
thank you

1867
01:20:48,800 --> 01:20:52,080
apologies Mr Bliss please continue

1868
01:20:52,080 --> 01:21:00,229
okay thanks

1869
01:21:00,239 --> 01:21:03,540
so since the plant the previous plan had

1870
01:21:03,540 --> 01:21:05,699
been adopted in 2011 January 20th I

1871
01:21:05,699 --> 01:21:07,260
believe the date was

1872
01:21:07,260 --> 01:21:09,960
um the new plan was required by Town law

1873
01:21:09,960 --> 01:21:13,920
on January 20th of 2017.

1874
01:21:13,920 --> 01:21:15,840
therefore at the time the rod and reel

1875
01:21:15,840 --> 01:21:17,699
had filed the five site plans and the

1876
01:21:17,699 --> 01:21:19,020
zoning administrator was taking the

1877
01:21:19,020 --> 01:21:20,580
position that the commission did not

1878
01:21:20,580 --> 01:21:22,739
have time to review its applications

1879
01:21:22,739 --> 01:21:24,659
because it needed to work on finishing

1880
01:21:24,659 --> 01:21:27,000
an update to the comprehensive plan that

1881
01:21:27,000 --> 01:21:32,630
plan was already four years overdue

1882
01:21:32,640 --> 01:21:34,500
the commission didn't really begin

1883
01:21:34,500 --> 01:21:36,420
discussing work on the comprehensive

1884
01:21:36,420 --> 01:21:40,199
plan until 2018 after the deadline

1885
01:21:40,199 --> 01:21:42,480
a year after the date

1886
01:21:42,480 --> 01:21:45,300
when Mr Foltz was appointed chair of the

1887
01:21:45,300 --> 01:21:47,880
to replace Miss riser in February of

1888
01:21:47,880 --> 01:21:49,560
2018.

1889
01:21:49,560 --> 01:21:52,440
in the February 15 2018 minutes of the

1890
01:21:52,440 --> 01:21:53,940
Town Council for the report to the

1891
01:21:53,940 --> 01:21:55,440
planning zone of the Planning and Zoning

1892
01:21:55,440 --> 01:21:56,580
Commission

1893
01:21:56,580 --> 01:21:59,040
councilman Jaworski reported the

1894
01:21:59,040 --> 01:22:01,020
commission held a meeting on February 14

1895
01:22:01,020 --> 01:22:02,760
2018.

1896
01:22:02,760 --> 01:22:04,320
and that it discussed the upcoming

1897
01:22:04,320 --> 01:22:06,000
conference a plan update with the hope

1898
01:22:06,000 --> 01:22:07,560
that it would be completed in one year

1899
01:22:07,560 --> 01:22:14,570
so he's saying that in 2018.

1900
01:22:14,580 --> 01:22:16,560
the town does not have the commission's

1901
01:22:16,560 --> 01:22:18,840
meeting minutes for that February 14

1902
01:22:18,840 --> 01:22:21,300
meeting up on its website

1903
01:22:21,300 --> 01:22:22,140
um

1904
01:22:22,140 --> 01:22:27,000
so I will submit the February 5th 2000

1905
01:22:27,000 --> 01:22:29,940
2018 Town Council minutes relevant to Mr

1906
01:22:29,940 --> 01:22:32,219
Jaworski's comment

1907
01:22:32,219 --> 01:22:35,640
and obviously most of the time

1908
01:22:35,640 --> 01:22:38,040
I'm just submitting the minutes for

1909
01:22:38,040 --> 01:22:40,860
these bodies not all of the attachments

1910
01:22:40,860 --> 01:22:42,719
that are on the files on the website

1911
01:22:42,719 --> 01:22:43,860
because those aren't actually

1912
01:22:43,860 --> 01:22:46,320
technically so I believe we're on

1913
01:22:46,320 --> 01:22:47,880
exhibit eight then

1914
01:22:47,880 --> 01:23:06,050
which would be

1915
01:23:06,060 --> 01:23:10,189
thank you

1916
01:23:10,199 --> 01:23:12,480
just as a note we are coming short on

1917
01:23:12,480 --> 01:23:14,100
time so if there's a natural break in

1918
01:23:14,100 --> 01:23:25,610
your presentation please plan for it now

1919
01:23:25,620 --> 01:23:27,840
so then I'm going to move forward with

1920
01:23:27,840 --> 01:23:29,760
the next exhibit which are the minutes

1921
01:23:29,760 --> 01:23:31,199
of the Planning and Zoning Commission of

1922
01:23:31,199 --> 01:23:35,810
May 9 2018.

1923
01:23:35,820 --> 01:23:37,739
hand her up for a moment

1924
01:23:37,739 --> 01:23:42,169
these exhibits in our binder yes

1925
01:23:42,179 --> 01:23:45,000
what was the date of that Mr Blitz

1926
01:23:45,000 --> 01:23:58,030
May 19 2018.

1927
01:23:58,040 --> 01:23:59,760
so uh

1928
01:23:59,760 --> 01:24:01,560
using that exhibit the Planning and

1929
01:24:01,560 --> 01:24:02,940
Zoning commission according to the

1930
01:24:02,940 --> 01:24:04,140
Planning and Zoning commission itself

1931
01:24:04,140 --> 01:24:05,580
they did not begin the process of

1932
01:24:05,580 --> 01:24:07,739
updating the comprehensive plan until it

1933
01:24:07,739 --> 01:24:09,960
held workshops on September 12th and

1934
01:24:09,960 --> 01:24:13,080
18th of 2018. I actually attended one of

1935
01:24:13,080 --> 01:24:14,040
those

1936
01:24:14,040 --> 01:24:16,080
um that's in the fifth whereas Clause of

1937
01:24:16,080 --> 01:24:17,820
the uh moratorium resolution that we're

1938
01:24:17,820 --> 01:24:19,199
going to get to

1939
01:24:19,199 --> 01:24:20,820
um

1940
01:24:20,820 --> 01:24:22,739
but this shows that they did begin

1941
01:24:22,739 --> 01:24:25,020
addressing the conference plan as an

1942
01:24:25,020 --> 01:24:27,719
agenda item in May of 2018

1943
01:24:27,719 --> 01:24:29,460
and the zoning administrator then

1944
01:24:29,460 --> 01:24:31,320
provided a presentation on economic

1945
01:24:31,320 --> 01:24:33,780
development and land uh availability and

1946
01:24:33,780 --> 01:24:35,640
walkability

1947
01:24:35,640 --> 01:24:38,159
so that's when they're starting a year

1948
01:24:38,159 --> 01:24:40,980
after the commission was due the the

1949
01:24:40,980 --> 01:24:42,719
comprehensive win was due that's true

1950
01:24:42,719 --> 01:24:44,580
I'm going to judge I don't seem to have

1951
01:24:44,580 --> 01:24:48,900
any any minutes from either 2018 or 19.

1952
01:24:48,900 --> 01:24:52,080
oldest one I got is 2020 in my book I

1953
01:24:52,080 --> 01:24:53,159
don't know if you guys have a different

1954
01:24:53,159 --> 01:24:57,480
book but somehow it's not in there

1955
01:24:57,480 --> 01:25:00,300
I'm sorry mine's in there oh yours in

1956
01:25:00,300 --> 01:25:03,420
there okay yeah it's a good bit in but

1957
01:25:03,420 --> 01:25:05,219
a few pages after exhibit seven if you

1958
01:25:05,219 --> 01:25:13,910
had that okay I'll look again thank you

1959
01:25:13,920 --> 01:25:17,040
next I'm going to submit

1960
01:25:17,040 --> 01:25:21,300
all as one exhibit a series of minutes

1961
01:25:21,300 --> 01:25:22,920
of the Planning and Zoning commission

1962
01:25:22,920 --> 01:25:26,880
that go from June 20th of 2018

1963
01:25:26,880 --> 01:25:30,659
to January 27th of 2021. what was the

1964
01:25:30,659 --> 01:25:36,530
first date uh June 20th 2018.

1965
01:25:36,540 --> 01:25:45,050
foreign

1966
01:25:45,060 --> 01:25:49,080
January 27th of 21 which is

1967
01:25:49,080 --> 01:25:51,360
chosen because that was the period

1968
01:25:51,360 --> 01:25:53,100
between when they started the work on

1969
01:25:53,100 --> 01:25:55,140
the comprehensive plan and when we filed

1970
01:25:55,140 --> 01:26:06,550
our cycling application

1971
01:26:06,560 --> 01:26:08,760
[Music]

1972
01:26:08,760 --> 01:26:10,199
the point

1973
01:26:10,199 --> 01:26:11,820
that I want to demonstrate with those

1974
01:26:11,820 --> 01:26:14,219
minutes is that during this period

1975
01:26:14,219 --> 01:26:16,260
the commercial worked on many different

1976
01:26:16,260 --> 01:26:19,199
administrative reviews including site

1977
01:26:19,199 --> 01:26:21,840
plan reviews while at the same time

1978
01:26:21,840 --> 01:26:24,360
often in the same meeting

1979
01:26:24,360 --> 01:26:27,080
working on the comprehensive plan

1980
01:26:27,080 --> 01:26:29,400
remember that's their legal obligation

1981
01:26:29,400 --> 01:26:31,500
to do but it was one of the reasons why

1982
01:26:31,500 --> 01:26:33,960
Mr Jakubiak was saying there would not

1983
01:26:33,960 --> 01:26:37,129
be any site plan review

1984
01:26:37,139 --> 01:26:38,820
while the commission didn't meet every

1985
01:26:38,820 --> 01:26:40,800
month typically they missed about three

1986
01:26:40,800 --> 01:26:42,540
months a year

1987
01:26:42,540 --> 01:26:44,219
um they also had a few extra work

1988
01:26:44,219 --> 01:26:45,960
sessions so they were keeping a pretty

1989
01:26:45,960 --> 01:26:47,580
regular schedule

1990
01:26:47,580 --> 01:26:49,920
like the point of this exhibit is to

1991
01:26:49,920 --> 01:26:51,239
show that

1992
01:26:51,239 --> 01:26:54,360
by doing both of their tasks from 2018

1993
01:26:54,360 --> 01:26:56,820
to 2020

1994
01:26:56,820 --> 01:26:58,800
that included some major site plan

1995
01:26:58,800 --> 01:27:00,780
reviews including one for the rod and

1996
01:27:00,780 --> 01:27:03,179
reel and one for Beach Elementary those

1997
01:27:03,179 --> 01:27:05,159
are all in the minutes package that I

1998
01:27:05,159 --> 01:27:08,870
just gave you

1999
01:27:08,880 --> 01:27:10,860
so in that minutes package you know in

2000
01:27:10,860 --> 01:27:13,020
May of 2018 the commission gets started

2001
01:27:13,020 --> 01:27:14,820
and puts comprehensive plan as a regular

2002
01:27:14,820 --> 01:27:16,080
agenda item

2003
01:27:16,080 --> 01:27:18,960
in June and July of 2018 the commission

2004
01:27:18,960 --> 01:27:21,900
considered Harbor Vista South Extension

2005
01:27:21,900 --> 01:27:23,880
requests and works on the comprehensive

2006
01:27:23,880 --> 01:27:25,980
plan

2007
01:27:25,980 --> 01:27:28,199
in November of 2018 they did a

2008
01:27:28,199 --> 01:27:29,880
reapproval of the site plan for a

2009
01:27:29,880 --> 01:27:31,560
portion of Richfield station and also

2010
01:27:31,560 --> 01:27:33,659
work on the comprehensive plan

2011
01:27:33,659 --> 01:27:36,300
February 2019 they did a sign review

2012
01:27:36,300 --> 01:27:38,760
issue in Richfield station and work on

2013
01:27:38,760 --> 01:27:41,219
the comprehensive plan so there's I'm

2014
01:27:41,219 --> 01:27:43,020
making the point they're doing both

2015
01:27:43,020 --> 01:27:44,760
their administrative tasks and their

2016
01:27:44,760 --> 01:27:47,520
planning tasks at the same time

2017
01:27:47,520 --> 01:27:50,100
May of 2019 there was a big issue

2018
01:27:50,100 --> 01:27:52,080
associated with a street opening

2019
01:27:52,080 --> 01:27:54,120
at the 18th Street entrance so they

2020
01:27:54,120 --> 01:27:57,169
handled that

2021
01:27:57,179 --> 01:27:59,040
they did the same in June of 2019

2022
01:27:59,040 --> 01:28:01,320
apparently that was a big issue

2023
01:28:01,320 --> 01:28:03,300
in December of 2019 the commission

2024
01:28:03,300 --> 01:28:04,860
worked on a revision of the site plan

2025
01:28:04,860 --> 01:28:07,139
for Richfield station and a review and

2026
01:28:07,139 --> 01:28:09,120
approval of this Subdivision plat in the

2027
01:28:09,120 --> 01:28:13,610
middle subdivision

2028
01:28:13,620 --> 01:28:16,139
in that package you might want to take

2029
01:28:16,139 --> 01:28:19,380
note of the June 2020 meeting because at

2030
01:28:19,380 --> 01:28:20,940
that time the commission was setting

2031
01:28:20,940 --> 01:28:22,860
timeline goals for finishing their work

2032
01:28:22,860 --> 01:28:24,960
on the comprehensive plan

2033
01:28:24,960 --> 01:28:26,460
with a projection that they would

2034
01:28:26,460 --> 01:28:29,040
finally complete the plan in May or June

2035
01:28:29,040 --> 01:28:32,870
of 2021.

2036
01:28:32,880 --> 01:28:34,860
so as I mentioned they handled Beach

2037
01:28:34,860 --> 01:28:37,020
Elementary that was in August 2020 and

2038
01:28:37,020 --> 01:28:38,820
in the same meeting they had they did

2039
01:28:38,820 --> 01:28:41,100
work on the comprehensive plan

2040
01:28:41,100 --> 01:28:44,159
November 2020 again Beach Elementary for

2041
01:28:44,159 --> 01:28:45,719
their final Flight Plan and the

2042
01:28:45,719 --> 01:28:48,060
comprehensive plan in the same meeting

2043
01:28:48,060 --> 01:28:49,860
in December of 2020 the commission

2044
01:28:49,860 --> 01:28:51,420
worked on the revisions of the rod and

2045
01:28:51,420 --> 01:28:53,340
real Redevelopment site plan and

2046
01:28:53,340 --> 01:28:55,860
comprehensive plan in the same meeting

2047
01:28:55,860 --> 01:28:57,960
this takes us up to the time when the

2048
01:28:57,960 --> 01:28:59,580
commission acted on the request for a

2049
01:28:59,580 --> 01:29:02,760
moratorium suggested in Mr jakubiak's

2050
01:29:02,760 --> 01:29:07,139
email of February 5th 2021.

2051
01:29:07,139 --> 01:29:10,560
so you cautioned me about time I don't

2052
01:29:10,560 --> 01:29:12,659
know whether you want to stop now the

2053
01:29:12,659 --> 01:29:16,629
next segment would take

2054
01:29:16,639 --> 01:29:21,540
15 to 20 minutes so this is a good time

2055
01:29:21,540 --> 01:29:23,219
to

2056
01:29:23,219 --> 01:29:23,820
um

2057
01:29:23,820 --> 01:29:27,960
return this session and reopen at a

2058
01:29:27,960 --> 01:29:29,520
later date

2059
01:29:29,520 --> 01:29:30,659
um

2060
01:29:30,659 --> 01:29:33,239
I did tell Mr pounds you could have a

2061
01:29:33,239 --> 01:29:34,320
few minutes if there's anything you

2062
01:29:34,320 --> 01:29:35,820
would like to address now or if you'd

2063
01:29:35,820 --> 01:29:38,100
like to hold till next time briefly if

2064
01:29:38,100 --> 01:29:40,800
you please very very very briefly like

2065
01:29:40,800 --> 01:29:42,659
if like three three minute briefly I'll

2066
01:29:42,659 --> 01:29:45,540
take the three minutes okay uh basically

2067
01:29:45,540 --> 01:29:47,280
you know it's interesting and obviously

2068
01:29:47,280 --> 01:29:50,159
Mr Blitzen going on for some time now

2069
01:29:50,159 --> 01:29:51,960
and so now he's talking about other

2070
01:29:51,960 --> 01:29:54,719
projects uh you know with regard to this

2071
01:29:54,719 --> 01:29:56,820
I mean like I said before you know this

2072
01:29:56,820 --> 01:29:58,739
is you know and I'm going to be bringing

2073
01:29:58,739 --> 01:30:00,179
this up just a little bit kind of a

2074
01:30:00,179 --> 01:30:02,280
heads up here you know if indeed Mr

2075
01:30:02,280 --> 01:30:04,080
jubiak was making the comments that

2076
01:30:04,080 --> 01:30:06,000
that's not going to be reviewed you go

2077
01:30:06,000 --> 01:30:07,679
before you know as a developer you know

2078
01:30:07,679 --> 01:30:10,199
the applicant here isn't somebody who's

2079
01:30:10,199 --> 01:30:12,600
brand new at this uh I mean he's been a

2080
01:30:12,600 --> 01:30:14,580
round he should have definitely gone to

2081
01:30:14,580 --> 01:30:15,840
the Planning Commission so I've got

2082
01:30:15,840 --> 01:30:17,520
these projects you know started

2083
01:30:17,520 --> 01:30:20,219
reviewing them right away nobody did it

2084
01:30:20,219 --> 01:30:22,620
okay nobody in fact uh Mr Woodbury you

2085
01:30:22,620 --> 01:30:24,540
know even admitted that he never you

2086
01:30:24,540 --> 01:30:26,280
know had you know with regard to these

2087
01:30:26,280 --> 01:30:28,080
projects somehow they want to wait until

2088
01:30:28,080 --> 01:30:32,940
afterwards uh to ask you somehow use the

2089
01:30:32,940 --> 01:30:35,520
law that indeed has been changed there's

2090
01:30:35,520 --> 01:30:37,320
going to be no doubt that the Town

2091
01:30:37,320 --> 01:30:39,540
Council has the right to change the law

2092
01:30:39,540 --> 01:30:41,340
they can make those decisions that's

2093
01:30:41,340 --> 01:30:42,840
part of what the County Council does

2094
01:30:42,840 --> 01:30:46,080
that's part of what the uh uh uh you

2095
01:30:46,080 --> 01:30:47,820
know their obligation isn't the zoning

2096
01:30:47,820 --> 01:30:49,500
code also what's going to be interesting

2097
01:30:49,500 --> 01:30:50,639
and we're going to be bringing this up

2098
01:30:50,639 --> 01:30:52,199
too you know again I'm going to keep my

2099
01:30:52,199 --> 01:30:54,239
three minutes these projects aren't

2100
01:30:54,239 --> 01:30:55,440
something that just came out of the

2101
01:30:55,440 --> 01:30:57,900
woodwork now these Prime projects have

2102
01:30:57,900 --> 01:30:59,520
been going on for the last 10 years or

2103
01:30:59,520 --> 01:31:03,000
so and uh you know many many years and

2104
01:31:03,000 --> 01:31:04,679
you know Council you know went on and on

2105
01:31:04,679 --> 01:31:06,780
about well the planning process was

2106
01:31:06,780 --> 01:31:08,820
delayed everything was delayed well if

2107
01:31:08,820 --> 01:31:09,960
these things have been going on for the

2108
01:31:09,960 --> 01:31:12,000
last years and he was aware of it the

2109
01:31:12,000 --> 01:31:13,679
delay would have helped them to use the

2110
01:31:13,679 --> 01:31:15,540
Old Law you know why are they waiting

2111
01:31:15,540 --> 01:31:17,520
till the comprehensive process starts to

2112
01:31:17,520 --> 01:31:19,139
suddenly file these applications to

2113
01:31:19,139 --> 01:31:21,719
another move forward so you know you

2114
01:31:21,719 --> 01:31:23,100
know since those those were important

2115
01:31:23,100 --> 01:31:26,280
too and also you know uh again I'm gonna

2116
01:31:26,280 --> 01:31:29,340
keep my three minutes it it says that

2117
01:31:29,340 --> 01:31:32,159
the Beach Elementary project was being

2118
01:31:32,159 --> 01:31:34,980
reviewed well you know an elementary

2119
01:31:34,980 --> 01:31:38,400
school is different than a category one

2120
01:31:38,400 --> 01:31:40,260
development which is going to include

2121
01:31:40,260 --> 01:31:43,620
both development for residential as well

2122
01:31:43,620 --> 01:31:46,080
as areas that's going to be you know

2123
01:31:46,080 --> 01:31:48,060
critical area so the idea that you're

2124
01:31:48,060 --> 01:31:50,280
going to compare that to helping out

2125
01:31:50,280 --> 01:31:52,199
kids and making sure their project gets

2126
01:31:52,199 --> 01:31:54,360
built seems to be kind of disingenuous

2127
01:31:54,360 --> 01:31:56,820
but uh we look forward to the new data

2128
01:31:56,820 --> 01:31:58,560
we will continue on thank you I need to

2129
01:31:58,560 --> 01:32:00,120
reply to some of that on the record so

2130
01:32:00,120 --> 01:32:04,010
firstly briefly

2131
01:32:04,020 --> 01:32:06,360
we don't go to a Planning and Zoning

2132
01:32:06,360 --> 01:32:08,100
commission until they schedule a meeting

2133
01:32:08,100 --> 01:32:10,739
that's the way the law works we file

2134
01:32:10,739 --> 01:32:12,900
applications typically the zoning

2135
01:32:12,900 --> 01:32:14,400
administrator gives us comments and we

2136
01:32:14,400 --> 01:32:15,780
work with the zoning administrator to

2137
01:32:15,780 --> 01:32:17,100
get it ready before the Planning and

2138
01:32:17,100 --> 01:32:18,600
Zoning commission Planning and Zoning

2139
01:32:18,600 --> 01:32:20,340
commission sets the schedule and the

2140
01:32:20,340 --> 01:32:21,780
hearing just like you did for this

2141
01:32:21,780 --> 01:32:24,360
hearing we don't have we don't go to any

2142
01:32:24,360 --> 01:32:26,400
meeting and say oh we're here to present

2143
01:32:26,400 --> 01:32:28,440
our case they schedule us

2144
01:32:28,440 --> 01:32:29,880
they never did

2145
01:32:29,880 --> 01:32:31,199
second

2146
01:32:31,199 --> 01:32:33,000
made reference to Beach Elementary it

2147
01:32:33,000 --> 01:32:36,480
literally is a category one site plan

2148
01:32:36,480 --> 01:32:37,860
thank you

2149
01:32:37,860 --> 01:32:40,620
um at this point I'm going to make a

2150
01:32:40,620 --> 01:32:42,840
motion for the board

2151
01:32:42,840 --> 01:32:46,440
um to pause where we're at to resume on

2152
01:32:46,440 --> 01:32:48,179
October 30th

2153
01:32:48,179 --> 01:32:49,800
7 pm

2154
01:32:49,800 --> 01:32:51,960
do I have a second

2155
01:32:51,960 --> 01:32:53,060
thank you

2156
01:32:53,060 --> 01:32:57,540
so this meeting I guess is in recess

2157
01:32:57,540 --> 01:33:00,239
um and I would advise Council to think

2158
01:33:00,239 --> 01:33:02,219
on ways

2159
01:33:02,219 --> 01:33:04,920
um we are not we are acting as a

2160
01:33:04,920 --> 01:33:06,719
legislative body but obviously no one

2161
01:33:06,719 --> 01:33:08,340
other than Town Council has legal

2162
01:33:08,340 --> 01:33:10,440
experience I'd advise you to take that

2163
01:33:10,440 --> 01:33:13,020
into account uh in terms of how you

2164
01:33:13,020 --> 01:33:14,520
address the board and how you come to

2165
01:33:14,520 --> 01:33:15,840
this meeting

2166
01:33:15,840 --> 01:33:16,860
um

2167
01:33:16,860 --> 01:33:20,380
thank you

2168
01:33:20,390 --> 01:33:40,750
[Music]

2169
01:33:40,760 --> 01:33:53,470
I was worried I'm like oh my God

2170
01:33:53,480 --> 01:34:01,330
you know I'm going home

2171
01:34:01,340 --> 01:34:07,850
you need those separators

2172
01:34:07,860 --> 01:34:10,460
so