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uh hello again everyone um this is the

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call to order for the Chesapeake Beach

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Board of Appeals 700 p.m November 8th

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2023 we will begin with a roll call of

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board members um please announce that

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you are presid present uh Mr Paul dhy

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present Miss Amy Everett present Mr

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Steven sharp present I am Mr Jody star

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we have a quorum uh the first item today

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is the approval of the minutes uh of the

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last meeting for this session uh October

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30 2023 case

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20233 uh were there any concerns by

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board members with the minutes as they

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will

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provide right uh at that point I will

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entertain a motion to approve the

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minutes do I

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have I will make a motion to approve I

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have a second second all in favor hi

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motion passes thank you uh we'll begin

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with a couple announcements um during

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the 30th of October meeting we establish

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a time limit of two hours per session

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for this case so we will end tonight

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around 9 p.m. uh we also have a planed

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schedule for this case the next session

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will be next Tuesday November 14th at

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700

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p.m. um one note for everyone here um

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please direct all questions and comments

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to the board itself or the board's legal

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counsel um this applies to the gallery

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as well do not direct questions or

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comments to the petitioner or any staff

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members here um

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lastly uh we're going through the order

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of presentation um as defined in the

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board of appeals rules of procedure

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uh we are starting again with the

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appellant testimony and evidence

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including Witnesses by Mr Blitz uh once

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he has concluded it will pass to Mr

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pounds uh for towns St testimony and

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evidence um at that point we will open

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the floor to members of the public or or

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entities whose rights are impacted by

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this appeal um and we will wrap up with

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summary statements before we close the

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public hearing and go into

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deliberations uh what this means is if

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um if members of the public have

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attended tonight with the intent to

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State your opinion it most likely won't

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happen tonight um if this is

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inconvenient we will take WR written

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statements if you'd like to provide them

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either tonight or via email to uh to

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town Town Hall staff um and at the same

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time I'd urge you to submit your remarks

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at the conclusion of the testimony uh

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taking what you hear into account you're

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welcome to submit written comments at

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any time but we the board would most

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appreciate comments that are written uh

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within the scope of what we're able to

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rule on so take that into mind as you're

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submitting comments or stating public

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opinions uh okay uh that is all the

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announcements um on to the board's

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business um this is a continuation of

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case

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20233 Roden reel Incorporated Donovan

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Estates LLC consider an application from

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the Roden reel and Donovan Estates of

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4160 Mir Avenue Chesapeake Beach

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Maryland for decision on interpretation

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or alleged error to article 6 section 29

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9-23 29-31 A1 and A6 of the Chesapeake

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Peach zoning ordinance in section c390

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c310 and c311 of the chesap beach Town

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Charter applicant requests that the

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Chesapeake Beach zoning uh board of

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appeals to quote order 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

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Roden real Donovan EST States uh 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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applicants were submit when the

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applications were submitted and for such

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other and further relief as the nature

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of their cause requires um before going

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uh back to where we left off um Mr

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pounds has requested uh to enter an

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objection before we begin thank you this

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is an objection I wanted to make for you

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know future purposes for uh appeal

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purposes and also for the status of the

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hearing itself so um uh Mr chair uh

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members of the council good evening uh

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my name is Todd pounds and I represent

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the town of chese beach basically uh Mr

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chair members of the council this is a

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hearing uh you know as all of you know

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uh a hearing is designed to have

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testimony which is sworn which is

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presented which is uh given by

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individuals under oath uh in fact Mr

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susman raised it uh a couple of hearings

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ago asking Mr Blitz indeed if he was

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going to be having sworn testimony

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presented uh and also there's been

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members of the public who have also

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asked whether indeed testimony was going

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to be presented that hasn't happened uh

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basically we have been you know

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listening to uh where we spend what is

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now multiple hours uh which is going to

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be more multiple hours tonight uh which

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I'm going to use the term droning on and

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on regarding non a non-sworn testimony

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with regard to um items which are

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basically his opinion uh this is this is

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not evidence uh as a result none of this

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is evidence uh going on and on uh does

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not present evidence especially when you

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know the individual giving this is not

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sworn and indeed this is not evidence

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for you to be considering at all with

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regard to really any any type of

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deliberation or any type of giving in

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opinions at all these are in essence

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arguments and opinions but it is not

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evidence um in fact any evidence was

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just been presented uh so far in the

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multiple hours is almost none uh because

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if you only look at what the sworn

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testimony would have been furthermore uh

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an exhibit book was presented uh which

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shows minutes uh of hearings before the

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Town Council uh and also before the

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board of appe uh before the Planning

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Commission well those minutes you know

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theoretically are here say uh because in

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essence they're uh they were developed

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and written by someone else who observed

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it but but but and and they are not in

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essence uh evidence in and of themselves

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so any of that should be also considered

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irrelevant uh the video which we saw

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which was a video of a council you know

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meeting goes on to state that indeed

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what their opinions are and and was

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opinions going on with regard to the

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council but indeed is not uh evidence

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unless indeed it is for the

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considerations and ultimately what the

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decisions uh would would be so in

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essence we uh uh are have and we will

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continue to spend uh many hours uh

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listening to Mr Blitz basically go on

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and on about nothing more than his

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opinion uh and his in his belief that's

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not evidence that is not evidence for

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you to be considering that's not

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evidence for you know you to in any way

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be reviewing uh with regard to this case

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this is uh nothing but unsworn

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statements of someone who is not a party

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uh and there nothing more than

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expressing their opinion worse what

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concerns me is half truth which is given

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with regard to these opinions you know

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we spent a half an hour last meeting

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talking about the referendum under C-

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311 and how certain rights of Mr Donovan

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were violated as a result of this him

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not being able to do certain things well

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under the you know and and the board you

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know let the testimony go on but in

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essence the the Hal truth was the fact

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that he didn't have any rights under C11

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okay basically in order for him to have

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a right any rights under the referendum

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Not only would have to he would have to

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be involved but also it would have to be

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at least 50% of the total number of

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Voters who voted in the last regular

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preceding regular Town election uh as

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such you know if if we're going to be

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making these statements and Broad

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statements going on expressing opinions

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which are un not sworn testimony you

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know we at least have to be tell telling

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the truth with regard to what's in the

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ordinance as opposed to in essence only

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picking and choosing things that he

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believes is his in his best interest um

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uh so again uh the fact that we are

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spending multiple hours with actually

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limited to almost no evidence actual

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evidence being presented to the board

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other than uh unsworn testimony is

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simply not proper and I'm making the

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objection uh with regard to that also

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you know uh uh various statements were

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made with regard to the book uh for the

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statutes and code and also uh sections

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were stated to the board that in essence

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you know for opinions by the court of

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appeals well the court of appeals was

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the old Court in the the highest court

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in the state of Maryland now called the

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Supreme Court uh in the cases that that

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were were in

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and and it was asked that indeed you

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make an interpretation as to the

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opinions of the highest court in the

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state of Maryland well ladies and

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gentlemen if you're a judge in the in

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the court you can't do that okay you

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know you you're making interpretations

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as to what the highest court of the uh

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state says for a judge is improper

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especially even more improper would be

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that of an administrative board so there

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and even worse than that was the fact

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that and I wrote it down he said that in

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in in essence you know if you uh uh look

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at I want to get the exact phrasing that

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was

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done it was asking you to follow the

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logic okay which says well the case

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isn't on point but I want to show it to

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you and you should interpret what the

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highest court in this court is stay uh

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staying for an Essence for some

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particular purpose I mean that is just

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absolutely completely uh improper to be

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doing any of that so basically you know

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what uh what in essence the applicant is

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ultimately ex asking you to do is to do

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things which are beyond your ability uh

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and the ability of an administrative

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board to review uh things that are not

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on point you know with regard to that uh

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you know that interpretation of that

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language so basically uh preliminarily

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I'm going to move that in essence all

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the testimony was stricken should be

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stricken from last meeting because it is

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nothing but expressions of opinion and

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statements of someone who's unsworn

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someone who is uh not a party to the

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case and who someone who is just uh

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stating his opinions as to any testimony

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which which should be in the proper uh

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uh way that a hearing should be

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conducted thank you thank you one

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moment Mr Blitz would you like to

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respond to that sure uh we have provided

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uh 29 exhibits of um giving you exhibits

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of government documents yes they are

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hearsay but they fall under what a very

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typical hearsay exception for government

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documents furthermore hearsay isn't a

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limitation on evidence before this board

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or almost any administrative proceeding

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with a few exceptions not related to

275
00:13:18,480 --> 00:13:28,120
zoning um the point of almost all of

276
00:13:25,560 --> 00:13:32,079
the uh information that I'm providing

277
00:13:28,120 --> 00:13:34,880
you is that we're asking you as a board

278
00:13:32,079 --> 00:13:36,279
to consider the actions of the Planning

279
00:13:34,880 --> 00:13:38,920
and Zoning commission and Zoning

280
00:13:36,279 --> 00:13:41,600
administrator to have been in violation

281
00:13:38,920 --> 00:13:44,000
of the the town code and I'm providing

282
00:13:41,600 --> 00:13:46,720
you not only the minutes of what they

283
00:13:44,000 --> 00:13:48,880
did how they did it various exhibits of

284
00:13:46,720 --> 00:13:53,480
communications but also what the town

285
00:13:48,880 --> 00:13:55,480
did to help you interpret that case all

286
00:13:53,480 --> 00:13:58,399
of the information I believe is quite

287
00:13:55,480 --> 00:14:02,040
relevant to your ability to decide

288
00:13:58,399 --> 00:14:04,399
whether first the moratorium which was

289
00:14:02,040 --> 00:14:06,199
one of the two reasons why the zoning

290
00:14:04,399 --> 00:14:10,680
administrator said he wasn't going to

291
00:14:06,199 --> 00:14:13,120
review the site plans um was valid in

292
00:14:10,680 --> 00:14:17,160
the first instance citing you sections

293
00:14:13,120 --> 00:14:19,560
such as the charter sections is my job

294
00:14:17,160 --> 00:14:22,920
to point out to you what I what areas of

295
00:14:19,560 --> 00:14:24,680
law I believe were violated with respect

296
00:14:22,920 --> 00:14:27,519
to the

297
00:14:24,680 --> 00:14:29,720
referendum any citizen can start the

298
00:14:27,519 --> 00:14:32,000
petition for referendum to an ordinance

299
00:14:29,720 --> 00:14:34,279
but not a resolution that was the whole

300
00:14:32,000 --> 00:14:39,199
point of

301
00:14:34,279 --> 00:14:42,600
the uh the review of that section in

302
00:14:39,199 --> 00:14:44,880
fact well I'm not I'm not GNA I'm not

303
00:14:42,600 --> 00:14:47,519
not going to tell you what in in

304
00:14:44,880 --> 00:14:50,320
answering this I'm not going to give you

305
00:14:47,519 --> 00:14:53,320
for uh uh what what information is about

306
00:14:50,320 --> 00:14:56,519
ready to come because we will have Mr um

307
00:14:53,320 --> 00:14:59,240
Donovan testify about his ability to do

308
00:14:56,519 --> 00:15:02,480
referendums um

309
00:14:59,240 --> 00:15:02,480
so anyway

310
00:15:03,440 --> 00:15:10,240
um it's not a half-truth to say that a

311
00:15:08,120 --> 00:15:13,519
uh an ordinance is required to do a

312
00:15:10,240 --> 00:15:16,040
resolu uh to do a referendum because the

313
00:15:13,519 --> 00:15:21,480
referendum language is strictly related

314
00:15:16,040 --> 00:15:24,120
to ordinances as well as um the timing

315
00:15:21,480 --> 00:15:26,839
for doing a referendum is based upon the

316
00:15:24,120 --> 00:15:29,399
nature of the timing for ordinances that

317
00:15:26,839 --> 00:15:32,000
is when they go into effect when they

318
00:15:29,399 --> 00:15:36,360
um publication notices and things like

319
00:15:32,000 --> 00:15:38,560
that so citing you law is the the areas

320
00:15:36,360 --> 00:15:41,360
of law that I'm asking you to

321
00:15:38,560 --> 00:15:42,920
consider I'm not asking you to interpret

322
00:15:41,360 --> 00:15:45,639
the law but you have the power to

323
00:15:42,920 --> 00:15:48,600
interpret the law it's just that further

324
00:15:45,639 --> 00:15:50,519
on if it goes to a court your judgment

325
00:15:48,600 --> 00:15:52,759
about that isn't going to be given a

326
00:15:50,519 --> 00:15:55,519
whole lot of weight that is your your

327
00:15:52,759 --> 00:15:58,079
job is to interpret whether the the

328
00:15:55,519 --> 00:16:00,880
zoning administrator and the um planning

329
00:15:58,079 --> 00:16:02,399
and zoning commission violated the law

330
00:16:00,880 --> 00:16:04,480
that's your job so we're going to cite a

331
00:16:02,399 --> 00:16:07,399
lot of Law and tell you the laws that we

332
00:16:04,480 --> 00:16:09,720
think are applicable with respect of the

333
00:16:07,399 --> 00:16:12,000
cases they're provided for you as

334
00:16:09,720 --> 00:16:14,680
Authority for the proposition that you

335
00:16:12,000 --> 00:16:16,360
had to pass such a a legislative act

336
00:16:14,680 --> 00:16:18,639
through an ordinance and not a

337
00:16:16,360 --> 00:16:22,040
resolution and that's one of the reasons

338
00:16:18,639 --> 00:16:25,040
why the first uh no the second reason

339
00:16:22,040 --> 00:16:27,360
that they were refusing to uh do the

340
00:16:25,040 --> 00:16:29,040
site plan reviews which was the

341
00:16:27,360 --> 00:16:29,839
moratorium uh

342
00:16:29,040 --> 00:16:32,839
was

343
00:16:29,839 --> 00:16:32,839
improper

344
00:16:34,920 --> 00:16:43,199
so I'll just end with the fact

345
00:16:38,040 --> 00:16:46,240
that it's very typical when trying to

346
00:16:43,199 --> 00:16:48,839
prove what a government body does

347
00:16:46,240 --> 00:16:51,240
whether it's an administrator or a

348
00:16:48,839 --> 00:16:54,560
committee or a commission or a Town

349
00:16:51,240 --> 00:16:57,839
Council to provide the official record

350
00:16:54,560 --> 00:17:00,759
of what they did minutes aren't just

351
00:16:57,839 --> 00:17:03,920
some hear say they are literally the

352
00:17:00,759 --> 00:17:05,280
official document that records what they

353
00:17:03,920 --> 00:17:08,799
did on that

354
00:17:05,280 --> 00:17:11,439
day when you passed your minutes for

355
00:17:08,799 --> 00:17:13,280
this prior meeting you were saying

356
00:17:11,439 --> 00:17:15,120
that's what occurred it doesn't just

357
00:17:13,280 --> 00:17:17,280
detail all of the things that occurred

358
00:17:15,120 --> 00:17:19,839
obviously doesn't need to but if there

359
00:17:17,280 --> 00:17:22,439
were motions done or ordinances passed

360
00:17:19,839 --> 00:17:25,160
or resolutions done the votes that are

361
00:17:22,439 --> 00:17:26,640
taken those things all get recorded in

362
00:17:25,160 --> 00:17:29,559
the minutes and that is literally the

363
00:17:26,640 --> 00:17:31,320
official recognition of what you did

364
00:17:29,559 --> 00:17:32,720
it's not that you can't go and get other

365
00:17:31,320 --> 00:17:36,200
evidence of it you could do a whole

366
00:17:32,720 --> 00:17:38,280
transcript we played a a video there's

367
00:17:36,200 --> 00:17:40,760
nothing here say about that video you

368
00:17:38,280 --> 00:17:44,559
got to watch listen to to them directly

369
00:17:40,760 --> 00:17:47,480
what they get to say um and and so I I

370
00:17:44,559 --> 00:17:49,640
think the this is more of an argument

371
00:17:47,480 --> 00:17:52,400
against the case as a mo as opposed to

372
00:17:49,640 --> 00:17:52,400
an objection about

373
00:17:53,039 --> 00:17:56,280
evidence one

374
00:17:57,400 --> 00:18:00,400
moment

375
00:18:05,360 --> 00:18:11,960
uh at the first hearing an oath was

376
00:18:08,559 --> 00:18:13,720
administered to people in attendance my

377
00:18:11,960 --> 00:18:18,799
recollection and please tell me if I'm

378
00:18:13,720 --> 00:18:21,520
wrong that you also uh swore to to

379
00:18:18,799 --> 00:18:23,679
that a recollection correct or wrong it

380
00:18:21,520 --> 00:18:23,679
is

381
00:18:23,960 --> 00:18:29,039
correct so I'm going to be calling Mr

382
00:18:26,600 --> 00:18:31,280
Blitz as a witness

383
00:18:29,039 --> 00:18:33,559
I'm going to be calling Mr Blitz as a

384
00:18:31,280 --> 00:18:37,720
witness that's up to you whether you

385
00:18:33,559 --> 00:18:40,200
want to call Mr Blitz as a witness thank

386
00:18:37,720 --> 00:18:44,000
you

387
00:18:40,200 --> 00:18:46,600
um um so um the objection is noted but

388
00:18:44,000 --> 00:18:50,240
overruled this board does explicitly

389
00:18:46,600 --> 00:18:51,760
have some language in our um in the

390
00:18:50,240 --> 00:18:54,000
governing documents that say that

391
00:18:51,760 --> 00:18:57,159
hearsay is explicitly allowed in

392
00:18:54,000 --> 00:18:59,640
testimony like this um and that the

393
00:18:57,159 --> 00:19:02,600
board will take that under consideration

394
00:18:59,640 --> 00:19:04,799
when hearing the evidence um so we are

395
00:19:02,600 --> 00:19:07,280
aware of that um the only evidence that

396
00:19:04,799 --> 00:19:09,400
will be excluded from this testimony is

397
00:19:07,280 --> 00:19:12,480
repetitious or unduly prejudicial

398
00:19:09,400 --> 00:19:14,280
evidence so uh please continue with that

399
00:19:12,480 --> 00:19:18,200
and as you both noted none of us here

400
00:19:14,280 --> 00:19:19,960
are uh situated to interpret the law so

401
00:19:18,200 --> 00:19:22,360
if you feel like you would like to add

402
00:19:19,960 --> 00:19:25,640
something please do correct the board

403
00:19:22,360 --> 00:19:29,120
when we need to um

404
00:19:25,640 --> 00:19:31,320
okay uh I noticed that a few other

405
00:19:29,120 --> 00:19:33,640
members of the public stepped in um

406
00:19:31,320 --> 00:19:36,720
since we began um I just want to make

407
00:19:33,640 --> 00:19:39,000
sure it's clear um that members of the

408
00:19:36,720 --> 00:19:40,240
public are welcome to testim or to come

409
00:19:39,000 --> 00:19:41,919
and and speak and we will hear your

410
00:19:40,240 --> 00:19:45,480
testimony but it will probably not

411
00:19:41,919 --> 00:19:48,640
happen tonight um if that is

412
00:19:45,480 --> 00:19:51,840
inconvenient for you please do uh leave

413
00:19:48,640 --> 00:19:55,360
us written testimony or wait patiently

414
00:19:51,840 --> 00:19:58,799
until it is time to hear public com so

415
00:19:55,360 --> 00:20:02,880
thank you okay uh without further ado

416
00:19:58,799 --> 00:20:04,080
we pass it back to Mr Blitz to continue

417
00:20:02,880 --> 00:20:06,600
his

418
00:20:04,080 --> 00:20:07,760
presentation thank you uh Eric Blitz on

419
00:20:06,600 --> 00:20:09,520
behalf of the rod and Rio of the

420
00:20:07,760 --> 00:20:12,520
appellants um if I could have the

421
00:20:09,520 --> 00:20:12,520
PowerPoint

422
00:20:18,320 --> 00:20:22,880
please so first we're just I'm not going

423
00:20:21,000 --> 00:20:24,640
to review both sessions but just the

424
00:20:22,880 --> 00:20:27,880
last session just to bring us up to

425
00:20:24,640 --> 00:20:30,480
where we left off uh in the last session

426
00:20:27,880 --> 00:20:32,440
we reviewed in detail the legal reasons

427
00:20:30,480 --> 00:20:33,760
that a zoning moratorium must be passed

428
00:20:32,440 --> 00:20:36,360
by an ordinance and not a mere

429
00:20:33,760 --> 00:20:39,960
resolution to be legally effective the

430
00:20:36,360 --> 00:20:43,280
moratorium changed the legal effect and

431
00:20:39,960 --> 00:20:45,559
applicability who it applies to of

432
00:20:43,280 --> 00:20:49,480
pre-existing zoning ordinance

433
00:20:45,559 --> 00:20:51,840
sections 2923 C 2931

434
00:20:49,480 --> 00:20:55,600
A6

435
00:20:51,840 --> 00:20:58,919
and the deadline for review which was 60

436
00:20:55,600 --> 00:21:02,000
days in 2925a

437
00:20:58,919 --> 00:21:03,600
5c it was a legislative act we went

438
00:21:02,000 --> 00:21:05,559
through all the reasons why it's a

439
00:21:03,600 --> 00:21:07,559
legislative act that General

440
00:21:05,559 --> 00:21:10,360
applicability and

441
00:21:07,559 --> 00:21:12,320
effect the moratorium impacted the

442
00:21:10,360 --> 00:21:15,799
rights of property owners under the

443
00:21:12,320 --> 00:21:19,559
zoning code and because zoning powers

444
00:21:15,799 --> 00:21:23,200
are an Express power under Maryland

445
00:21:19,559 --> 00:21:25,760
law I gave you the statute they must be

446
00:21:23,200 --> 00:21:30,039
passed by ordinance they must be used

447
00:21:25,760 --> 00:21:30,039
through ordinance Powers not resolutions

448
00:21:32,400 --> 00:21:36,760
we went over the town Charter

449
00:21:34,360 --> 00:21:39,679
Provisions setting forth the important

450
00:21:36,760 --> 00:21:42,760
procedural rights that protect that

451
00:21:39,679 --> 00:21:46,200
citizen rights when legislative acts are

452
00:21:42,760 --> 00:21:48,480
done but we're avoided in this

453
00:21:46,200 --> 00:21:50,760
instance we have the introduction in

454
00:21:48,480 --> 00:21:53,960
passage rules where you introduce an

455
00:21:50,760 --> 00:21:56,559
ordinance and then at a subsequent

456
00:21:53,960 --> 00:21:58,600
meeting you would hear the public

457
00:21:56,559 --> 00:22:01,919
testimony and then

458
00:21:58,600 --> 00:22:04,919
passage in ches Beach it's no less than

459
00:22:01,919 --> 00:22:07,799
6 days and no longer than 60 days is the

460
00:22:04,919 --> 00:22:09,960
time frame it can be done by an that

461
00:22:07,799 --> 00:22:12,200
part can be shortened by an emergency

462
00:22:09,960 --> 00:22:14,600
ordinance but this wasn't passed as an

463
00:22:12,200 --> 00:22:16,880
emergency

464
00:22:14,600 --> 00:22:19,600
ordinance the resolution avoided the

465
00:22:16,880 --> 00:22:24,279
mayor's power of

466
00:22:19,600 --> 00:22:25,840
veto and the timeline for passing an

467
00:22:24,279 --> 00:22:28,880
ordinance

468
00:22:25,840 --> 00:22:31,520
importantly it avoided the right of

469
00:22:28,880 --> 00:22:35,039
referendum which as I cited you the

470
00:22:31,520 --> 00:22:35,039
section is protected in

471
00:22:35,360 --> 00:22:42,600
zoning under Maryland

472
00:22:38,320 --> 00:22:43,960
5213 and this statutory is in uh

473
00:22:42,600 --> 00:22:48,760
provision is

474
00:22:43,960 --> 00:22:52,400
important because it too is an Express

475
00:22:48,760 --> 00:22:54,679
power and that means the town cannot

476
00:22:52,400 --> 00:22:59,279
have done it in in contravention of

477
00:22:54,679 --> 00:23:01,240
state law just doesn't it's void abono

478
00:22:59,279 --> 00:23:02,840
and then it avoided the delay between

479
00:23:01,240 --> 00:23:05,080
the introduction public hearing and

480
00:23:02,840 --> 00:23:07,159
passage and the delay in passage and

481
00:23:05,080 --> 00:23:09,799
going into effect that is it went into

482
00:23:07,159 --> 00:23:12,400
effect immediately and I pointed out the

483
00:23:09,799 --> 00:23:15,840
zoning provision that says using the

484
00:23:12,400 --> 00:23:18,400
zoning power has to go into effect no

485
00:23:15,840 --> 00:23:20,600
earlier than 10 days after the fact

486
00:23:18,400 --> 00:23:22,919
because it's presumed to be being done

487
00:23:20,600 --> 00:23:22,919
by an

488
00:23:25,720 --> 00:23:29,520
ordinance so we reviewed the many

489
00:23:27,679 --> 00:23:31,600
different context that a proposed

490
00:23:29,520 --> 00:23:34,320
moratorium was described as

491
00:23:31,600 --> 00:23:36,840
temporary and having a maximum

492
00:23:34,320 --> 00:23:37,919
duration and there were debates over the

493
00:23:36,840 --> 00:23:40,400
maximum

494
00:23:37,919 --> 00:23:43,279
duration both at the Planning and Zoning

495
00:23:40,400 --> 00:23:45,200
commission level and the Town Council in

496
00:23:43,279 --> 00:23:47,520
the first instance it was initially

497
00:23:45,200 --> 00:23:50,120
resolved to be nine months then there

498
00:23:47,520 --> 00:23:53,480
was a resolution to extend that

499
00:23:50,120 --> 00:23:56,000
moratoriums maximum duration for an

500
00:23:53,480 --> 00:24:00,520
additional three months to end on March

501
00:23:56,000 --> 00:24:04,159
18 2022 I I I'll generally use the the

502
00:24:00,520 --> 00:24:06,799
date March 18th 2022 uh depending on the

503
00:24:04,159 --> 00:24:08,440
way you count it it could be March 19th

504
00:24:06,799 --> 00:24:11,640
but I don't think it's really relevant

505
00:24:08,440 --> 00:24:13,320
to your thing and there was a debate on

506
00:24:11,640 --> 00:24:15,760
that resolution that acknowledged that

507
00:24:13,320 --> 00:24:17,960
the maximum duration was being set by

508
00:24:15,760 --> 00:24:17,960
that

509
00:24:18,679 --> 00:24:23,840
resolution so during my presentation uh

510
00:24:21,840 --> 00:24:26,240
last time on the Town Council video that

511
00:24:23,840 --> 00:24:28,240
you watched uh I mentioned that there

512
00:24:26,240 --> 00:24:30,799
was no record of the planning zoning

513
00:24:28,240 --> 00:24:33,320
commission having held a public hearing

514
00:24:30,799 --> 00:24:35,159
and passing a resolution to request an

515
00:24:33,320 --> 00:24:37,360
extension of the

516
00:24:35,159 --> 00:24:39,240
moratorium I need to correct that

517
00:24:37,360 --> 00:24:43,520
statement slightly because while there

518
00:24:39,240 --> 00:24:46,320
was no public hearing as is

519
00:24:43,520 --> 00:24:49,240
required uh held by the commission on

520
00:24:46,320 --> 00:24:50,919
extending the moratorium they did and

521
00:24:49,240 --> 00:24:53,159
they didn't pass a formal resolution

522
00:24:50,919 --> 00:24:56,960
like they did the first time they did

523
00:24:53,159 --> 00:24:59,360
take a vote um and they voted for the

524
00:24:56,960 --> 00:25:02,960
extension they did did it in a work

525
00:24:59,360 --> 00:25:05,039
session not at a regular session it was

526
00:25:02,960 --> 00:25:07,360
not included in the the commission's

527
00:25:05,039 --> 00:25:10,200
agenda for that work session to give

528
00:25:07,360 --> 00:25:11,919
prior notice to the public and just as

529
00:25:10,200 --> 00:25:14,159
importantly there was no opportunity for

530
00:25:11,919 --> 00:25:16,720
the public comment in a work session and

531
00:25:14,159 --> 00:25:21,399
no opportunity to comment that was

532
00:25:16,720 --> 00:25:21,399
provided for in that August 12th

533
00:25:24,240 --> 00:25:31,960
meeting so while they provided the isite

534
00:25:29,399 --> 00:25:34,480
process that that is the commission did

535
00:25:31,960 --> 00:25:37,919
of giving a a recommendation to the Town

536
00:25:34,480 --> 00:25:39,919
Council or something that affects zoning

537
00:25:37,919 --> 00:25:43,320
um for the original recommendation they

538
00:25:39,919 --> 00:25:46,600
did not do so for the extension

539
00:25:43,320 --> 00:25:48,840
request I'd like to submit exhibit 30

540
00:25:46,600 --> 00:25:50,240
which is the agenda and minutes for the

541
00:25:48,840 --> 00:25:54,600
Planning and Zoning commission work

542
00:25:50,240 --> 00:25:54,600
session of August 12th

543
00:25:56,159 --> 00:26:03,760
2021 who that Mr put the agenda what's

544
00:25:59,880 --> 00:26:06,840
that the agenda no this uh this is the

545
00:26:03,760 --> 00:26:06,840
agenda and the

546
00:26:07,880 --> 00:26:13,720
minutes for what

547
00:26:10,399 --> 00:26:13,720
date August

548
00:26:17,640 --> 00:26:24,039
1221 so I

549
00:26:20,760 --> 00:26:24,039
believe I need

550
00:26:26,600 --> 00:26:29,600
to

551
00:26:38,799 --> 00:26:42,240
addition things

552
00:26:44,520 --> 00:26:52,039
now and you may wish to just keep them

553
00:26:49,159 --> 00:26:53,559
as a separate pile so that as we go

554
00:26:52,039 --> 00:26:55,360
through them you put it in your books

555
00:26:53,559 --> 00:26:59,600
just because there's things already in

556
00:26:55,360 --> 00:26:59,600
your books that would

557
00:27:10,399 --> 00:27:16,360
so obviously this is more than just this

558
00:27:12,720 --> 00:27:16,360
exhibit this is all the

559
00:27:26,520 --> 00:27:32,609
ones

560
00:27:29,420 --> 00:27:32,609
[Music]

561
00:27:36,840 --> 00:27:40,030
[Music]

562
00:27:41,480 --> 00:27:45,120
you'll have a story you'll have a story

563
00:27:43,720 --> 00:27:47,559
on tap

564
00:27:45,120 --> 00:27:50,320
to okay

565
00:27:47,559 --> 00:27:52,080
so with the three-month extension the

566
00:27:50,320 --> 00:27:55,000
moratorium was nominally going to end on

567
00:27:52,080 --> 00:27:56,519
that March 18th or 19th of

568
00:27:55,000 --> 00:27:59,480
20222

569
00:27:56,519 --> 00:28:03,039
and slide

570
00:27:59,480 --> 00:28:05,679
five and the next step in this process

571
00:28:03,039 --> 00:28:08,480
is that the commission passed its

572
00:28:05,679 --> 00:28:11,679
recommended comprehensive plan on

573
00:28:08,480 --> 00:28:15,880
January 26th of

574
00:28:11,679 --> 00:28:17,919
2022 um so March 18th came and passed

575
00:28:15,880 --> 00:28:18,760
and so even by its terms the moratorium

576
00:28:17,919 --> 00:28:20,960
had

577
00:28:18,760 --> 00:28:23,600
expired

578
00:28:20,960 --> 00:28:26,840
um and then the Town

579
00:28:23,600 --> 00:28:30,360
Council adopted that new plan on April

580
00:28:26,840 --> 00:28:32,519
21st of 22 so that's after the

581
00:28:30,360 --> 00:28:36,159
expiration of the moratorium and it

582
00:28:32,519 --> 00:28:38,559
became effective on May 11th 22 and I'm

583
00:28:36,159 --> 00:28:41,720
offering exhibit

584
00:28:38,559 --> 00:28:43,440
31 which

585
00:28:41,720 --> 00:28:45,559
is the

586
00:28:43,440 --> 00:28:48,159
ordinance

587
00:28:45,559 --> 00:28:51,200
0234 cover page as well as the

588
00:28:48,159 --> 00:28:51,200
resolution from the

589
00:28:51,360 --> 00:28:56,840
commission which shows as you can see on

590
00:28:54,159 --> 00:28:59,399
the thing the the passage date just to

591
00:28:56,840 --> 00:28:59,399
get that in

592
00:29:13,360 --> 00:29:17,200
so I'll remind the board that at this

593
00:29:15,760 --> 00:29:19,880
point in

594
00:29:17,200 --> 00:29:22,679
time the comprehensive plan was six

595
00:29:19,880 --> 00:29:25,159
years over the deadline under Town law

596
00:29:22,679 --> 00:29:27,440
and over and over the 10year deadline

597
00:29:25,159 --> 00:29:29,919
under state law and with respect to that

598
00:29:27,440 --> 00:29:32,600
state law they did not make an extension

599
00:29:29,919 --> 00:29:35,120
request as required to gain an

600
00:29:32,600 --> 00:29:38,120
extension um they had to have made that

601
00:29:35,120 --> 00:29:38,120
to the Maryland office of

602
00:29:42,799 --> 00:29:47,760
planning so note that this is the

603
00:29:45,360 --> 00:29:50,159
passage of the comprehensive plan but

604
00:29:47,760 --> 00:29:52,279
not the Imp implementing

605
00:29:50,159 --> 00:29:54,159
ordinances which were also required

606
00:29:52,279 --> 00:29:57,480
under the terms of the moratorium

607
00:29:54,159 --> 00:30:00,399
resolutions it's the implementing zoning

608
00:29:57,480 --> 00:30:03,200
amendments which would be applied during

609
00:30:00,399 --> 00:30:05,840
any site plan review for the five rod

610
00:30:03,200 --> 00:30:07,679
and reel site plan projects as they

611
00:30:05,840 --> 00:30:10,399
provide the specific

612
00:30:07,679 --> 00:30:12,480
standards which a project must

613
00:30:10,399 --> 00:30:15,000
meet and as you'll

614
00:30:12,480 --> 00:30:16,519
see tonight the commission wasn't even

615
00:30:15,000 --> 00:30:19,880
close to completing the implementing

616
00:30:16,519 --> 00:30:22,360
ordinances at that point in

617
00:30:19,880 --> 00:30:25,159
time because the zoning Amendment had

618
00:30:22,360 --> 00:30:29,240
not been passed to implement the zoning

619
00:30:25,159 --> 00:30:29,240
ordinance and because the Town Council

620
00:30:31,039 --> 00:30:35,200
had never passed any other additional

621
00:30:32,919 --> 00:30:37,880
resolutions or ordinances to extend the

622
00:30:35,200 --> 00:30:40,519
moratorium we waited an additional 60

623
00:30:37,880 --> 00:30:41,840
days to see whether the zoning

624
00:30:40,519 --> 00:30:43,320
administrator and planning and zoning

625
00:30:41,840 --> 00:30:45,960
commission would take up the five site

626
00:30:43,320 --> 00:30:47,279
plans as they were required to do at 60

627
00:30:45,960 --> 00:30:48,760
days after the expiration of that

628
00:30:47,279 --> 00:30:52,720
moratorium on March

629
00:30:48,760 --> 00:30:52,720
18 um they did

630
00:30:52,919 --> 00:31:00,039
not so therefore on May

631
00:30:56,240 --> 00:31:03,080
20th I wrote a demand

632
00:31:00,039 --> 00:31:04,519
letter which I'll offer is exhibit 32

633
00:31:03,080 --> 00:31:07,519
it's my letter

634
00:31:04,519 --> 00:31:07,519
to

635
00:31:10,799 --> 00:31:13,799
Chris

636
00:31:21,440 --> 00:31:29,159
May Mr BL what exhibit number that was

637
00:31:26,159 --> 00:31:29,159
32

638
00:31:33,840 --> 00:31:38,240
and I don't know

639
00:31:35,480 --> 00:31:41,399
whether you'll find this helpful or what

640
00:31:38,240 --> 00:31:44,080
process but I have a typewritten list of

641
00:31:41,399 --> 00:31:46,240
all the exhibits that I could either

642
00:31:44,080 --> 00:31:47,679
give to you to validate or give to

643
00:31:46,240 --> 00:31:50,159
Sharon she could validate and then

644
00:31:47,679 --> 00:31:52,320
distribute to everybody I just it it

645
00:31:50,159 --> 00:31:54,679
might be easier for everybody to have

646
00:31:52,320 --> 00:31:57,039
that list and I've already got it going

647
00:31:54,679 --> 00:31:59,760
so when we're done the whole case I

648
00:31:57,039 --> 00:32:02,760
guess yes I'll give that to

649
00:31:59,760 --> 00:32:02,760
you

650
00:32:08,960 --> 00:32:13,120
um I don't know which slide I'm on

651
00:32:13,279 --> 00:32:19,279
here

652
00:32:15,720 --> 00:32:22,960
right so as you can see I made the

653
00:32:19,279 --> 00:32:28,240
request that all the five site plans be

654
00:32:22,960 --> 00:32:31,679
processed um and pointed out that the

655
00:32:28,240 --> 00:32:34,360
moratorium purpose was to have the Town

656
00:32:31,679 --> 00:32:36,440
Council pass both the comprehensive plan

657
00:32:34,360 --> 00:32:38,559
and the Amendments uh the implementing

658
00:32:36,440 --> 00:32:41,200
ordinances I'm

659
00:32:38,559 --> 00:32:44,720
sorry which are amendments to the zoning

660
00:32:41,200 --> 00:32:46,559
code and so on page two I pointed out

661
00:32:44,720 --> 00:32:48,880
that even by its own terms the

662
00:32:46,559 --> 00:32:51,320
moratorium had expired despite the

663
00:32:48,880 --> 00:32:52,799
three-month extension and I noted that

664
00:32:51,320 --> 00:32:55,919
since the mayor and Town Council had

665
00:32:52,799 --> 00:32:57,679
held two regular sessions on April 21st

666
00:32:55,919 --> 00:32:59,200
and May 19th and did did not seek to

667
00:32:57,679 --> 00:33:04,159
extend the moratorium or otherwise

668
00:32:59,200 --> 00:33:06,519
address those resolutions in r213 or

669
00:33:04,159 --> 00:33:07,840
r218 um and that neither the zoning

670
00:33:06,519 --> 00:33:09,840
administrator nor the Planning and

671
00:33:07,840 --> 00:33:12,440
Zoning commission responded to my demand

672
00:33:09,840 --> 00:33:14,080
letter they certainly did not start the

673
00:33:12,440 --> 00:33:17,120
site plan review

674
00:33:14,080 --> 00:33:19,600
process um instead I received a response

675
00:33:17,120 --> 00:33:23,320
from the town attorney Mr pounds in a

676
00:33:19,600 --> 00:33:25,039
letter dated May 25th 2022 which I'll

677
00:33:23,320 --> 00:33:28,960
offer as

678
00:33:25,039 --> 00:33:28,960
exhibit 33

679
00:33:43,080 --> 00:33:47,000
uh you have

680
00:33:44,399 --> 00:33:49,200
it it's in your binder it's not in the

681
00:33:47,000 --> 00:33:49,200
new

682
00:33:55,960 --> 00:34:01,039
Pat

683
00:33:58,360 --> 00:34:03,240
Mr pound you basically it's it's on the

684
00:34:01,039 --> 00:34:05,679
thing right there read it along with

685
00:34:03,240 --> 00:34:07,159
everybody um so as you can see in that

686
00:34:05,679 --> 00:34:10,000
letter the town attorney took the

687
00:34:07,159 --> 00:34:11,839
position that the moratorium was not

688
00:34:10,000 --> 00:34:13,240
terminated because it could only be

689
00:34:11,839 --> 00:34:15,480
terminated by the Planning and Zoning

690
00:34:13,240 --> 00:34:17,800
commission and the Town

691
00:34:15,480 --> 00:34:20,280
Council I've submitted countless

692
00:34:17,800 --> 00:34:23,240
examples where the town put out Public

693
00:34:20,280 --> 00:34:24,960
Notices and press releases describing

694
00:34:23,240 --> 00:34:27,800
the moratorium as being temporary and

695
00:34:24,960 --> 00:34:29,320
having a fixed maximum duration

696
00:34:27,800 --> 00:34:30,520
submitted the examples where the zoning

697
00:34:29,320 --> 00:34:33,200
administrator and the Planning and

698
00:34:30,520 --> 00:34:35,079
Zoning commission took the same position

699
00:34:33,200 --> 00:34:37,240
and with respect to the commission you

700
00:34:35,079 --> 00:34:39,720
saw how they debated what the maximum

701
00:34:37,240 --> 00:34:40,800
duration should be and they settled on

702
00:34:39,720 --> 00:34:42,919
nine

703
00:34:40,800 --> 00:34:45,079
months and I've submitted the evidence

704
00:34:42,919 --> 00:34:47,639
that the Town Council also debated the

705
00:34:45,079 --> 00:34:49,399
maximum duration of the moratorium

706
00:34:47,639 --> 00:34:51,320
settling on nine months and then

707
00:34:49,399 --> 00:34:52,960
extending it by a second resolution for

708
00:34:51,320 --> 00:34:55,000
an additional three

709
00:34:52,960 --> 00:34:56,960
months and then you heard during the

710
00:34:55,000 --> 00:35:00,920
video the very specific question

711
00:34:56,960 --> 00:35:02,839
question of councilman Bodin seeking

712
00:35:00,920 --> 00:35:05,079
confirmation that Not only was the

713
00:35:02,839 --> 00:35:09,000
moratorium set to expire on December

714
00:35:05,079 --> 00:35:11,839
19th 2021 at that point in time at their

715
00:35:09,000 --> 00:35:14,320
meeting that with three-month extension

716
00:35:11,839 --> 00:35:17,000
it would expire on March

717
00:35:14,320 --> 00:35:20,160
19th Mr pounds confirmed that

718
00:35:17,000 --> 00:35:22,160
understanding as councilman Bodine asked

719
00:35:20,160 --> 00:35:24,280
there's no Gap and it expires on March

720
00:35:22,160 --> 00:35:28,240
19th and Mr bound said

721
00:35:24,280 --> 00:35:30,720
correct yet after this March expiration

722
00:35:28,240 --> 00:35:33,320
end of May the new response was that the

723
00:35:30,720 --> 00:35:36,640
moratorium was still in

724
00:35:33,320 --> 00:35:37,920
effect and was in effect indefinite only

725
00:35:36,640 --> 00:35:41,359
to be terminated by the Planning and

726
00:35:37,920 --> 00:35:43,720
Zoning commission and the Town

727
00:35:41,359 --> 00:35:45,760
Council and it was kind of at this point

728
00:35:43,720 --> 00:35:47,240
I knew that we needed to appeal to the

729
00:35:45,760 --> 00:35:50,280
board of appeals as this was getting out

730
00:35:47,240 --> 00:35:53,200
of hand so I sent Mr pounds a letter

731
00:35:50,280 --> 00:35:58,800
which I'll submit as exhibit

732
00:35:53,200 --> 00:35:58,800
34 which is my letter of June 3 20

733
00:36:00,100 --> 00:36:03,280
[Music]

734
00:36:14,160 --> 00:36:21,319
22 so because Mr pounds represents the

735
00:36:18,000 --> 00:36:25,760
mayor in Town Council it was unclear in

736
00:36:21,319 --> 00:36:27,079
his letter that we just looked at

737
00:36:25,760 --> 00:36:28,359
whether he was also repes presenting the

738
00:36:27,079 --> 00:36:29,880
zoning administrator in the Planning and

739
00:36:28,359 --> 00:36:31,480
Zoning commission you know his letter

740
00:36:29,880 --> 00:36:33,880
did not say

741
00:36:31,480 --> 00:36:36,160
so uh

742
00:36:33,880 --> 00:36:37,800
so but he you know he referenced my

743
00:36:36,160 --> 00:36:40,200
letter of May 20th to the zoning

744
00:36:37,800 --> 00:36:42,280
administrator and commission to whom it

745
00:36:40,200 --> 00:36:45,680
was directed so it was implied that he

746
00:36:42,280 --> 00:36:47,760
represented them um so I inquired

747
00:36:45,680 --> 00:36:49,040
whether the letter of May 25th was on

748
00:36:47,760 --> 00:36:51,319
behalf of the zoning administrator and

749
00:36:49,040 --> 00:36:53,920
planning and zoning commission or

750
00:36:51,319 --> 00:36:57,720
whether I could expect a formal

751
00:36:53,920 --> 00:37:00,599
response from them that's what I really

752
00:36:57,720 --> 00:37:02,520
want I received no reply from Mr pounds

753
00:37:00,599 --> 00:37:03,720
and we received no other correspondence

754
00:37:02,520 --> 00:37:05,599
from the zoning administrator or the

755
00:37:03,720 --> 00:37:08,200
Planning and Zoning

756
00:37:05,599 --> 00:37:11,200
commission we waited a few weeks for a

757
00:37:08,200 --> 00:37:13,760
response received none that's when we

758
00:37:11,200 --> 00:37:16,440
filed our appeal to this board on June

759
00:37:13,760 --> 00:37:16,440
24th of

760
00:37:17,520 --> 00:37:22,599
2022 so while the Town Council would

761
00:37:20,319 --> 00:37:26,640
never have needed to pass a second

762
00:37:22,599 --> 00:37:29,240
resolution r21 d-8 which was your ex

763
00:37:26,640 --> 00:37:29,240
exhibit

764
00:37:29,560 --> 00:37:34,960
27 to extend the moratorium for an

765
00:37:32,079 --> 00:37:37,079
additional 3 months if the moratorium

766
00:37:34,960 --> 00:37:40,520
was as Mr pounds had been arguing in his

767
00:37:37,079 --> 00:37:40,520
letter still in

768
00:37:42,119 --> 00:37:45,480
effect and then only terminated by the

769
00:37:44,400 --> 00:37:47,400
Planning and Zoning commission and the

770
00:37:45,480 --> 00:37:51,160
Town Council let's look at the specific

771
00:37:47,400 --> 00:37:51,160
language of that original

772
00:37:55,599 --> 00:38:00,359
resolution

773
00:37:57,760 --> 00:38:02,319
earlier I had made reference to this

774
00:38:00,359 --> 00:38:04,599
what I view as somewhat sloppy language

775
00:38:02,319 --> 00:38:08,920
of the resolution in my letter of May

776
00:38:04,599 --> 00:38:11,800
20th of 22 and earlier in the preceding

777
00:38:08,920 --> 00:38:14,040
I think on the first day um and

778
00:38:11,800 --> 00:38:17,880
explained why it was

779
00:38:14,040 --> 00:38:20,000
inoperative um in my opinion this issue

780
00:38:17,880 --> 00:38:21,480
would not have occurred if a formal

781
00:38:20,000 --> 00:38:22,720
ordinance had been used rather than a

782
00:38:21,480 --> 00:38:25,040
simple

783
00:38:22,720 --> 00:38:26,760
resolution I if Mr Blitz is going to

784
00:38:25,040 --> 00:38:28,960
State his opinion we need to designate

785
00:38:26,760 --> 00:38:30,160
as an expert okay and I'll be frank I'm

786
00:38:28,960 --> 00:38:32,440
sitting here wondering and I'm going to

787
00:38:30,160 --> 00:38:34,280
have the video going forward I don't

788
00:38:32,440 --> 00:38:36,280
remember him being sworn in okay at the

789
00:38:34,280 --> 00:38:38,920
beginning and if he and if he

790
00:38:36,280 --> 00:38:40,319
represented that he was and he wasn't

791
00:38:38,920 --> 00:38:41,760
we're gonna we're going to be addressing

792
00:38:40,319 --> 00:38:43,160
that as another problem but if he's

793
00:38:41,760 --> 00:38:44,520
going to be expressing his opinion at

794
00:38:43,160 --> 00:38:47,760
this point he's gonna have to be

795
00:38:44,520 --> 00:38:49,920
designated as an expert and I I withdraw

796
00:38:47,760 --> 00:38:52,000
the opinion it's not

797
00:38:49,920 --> 00:38:55,160
critical and if you would like to swear

798
00:38:52,000 --> 00:38:57,079
me now we can do that start all over

799
00:38:55,160 --> 00:38:59,359
again with regarded The Testament no now

800
00:38:57,079 --> 00:39:02,760
I'm merely saying if you if you have if

801
00:38:59,359 --> 00:39:05,160
the board not you Mr pounds if the board

802
00:39:02,760 --> 00:39:07,240
has questions I'll I'll clearly be sworn

803
00:39:05,160 --> 00:39:09,359
again if if that if the board feels it's

804
00:39:07,240 --> 00:39:11,119
necessary I'm just so I have this right

805
00:39:09,359 --> 00:39:13,560
the opinion is withdrawn we're

806
00:39:11,119 --> 00:39:13,560
continuing

807
00:39:16,040 --> 00:39:21,800
on

808
00:39:17,839 --> 00:39:21,800
so let's go back to the

809
00:39:24,400 --> 00:39:28,560
language this moratorium is expected to

810
00:39:26,960 --> 00:39:30,240
last 9 months from the date of the

811
00:39:28,560 --> 00:39:32,440
adoption all time periods for any

812
00:39:30,240 --> 00:39:34,160
development project are hereby stayed

813
00:39:32,440 --> 00:39:36,319
until this moratorium is terminated by a

814
00:39:34,160 --> 00:39:37,920
Planning Commission and Town Council for

815
00:39:36,319 --> 00:39:40,440
any currently filed or future

816
00:39:37,920 --> 00:39:42,800
applications unless otherwise stated

817
00:39:40,440 --> 00:39:44,520
herein now if this language is meant to

818
00:39:42,800 --> 00:39:47,160
mean that the moratorium in the Town

819
00:39:44,520 --> 00:39:48,400
Council sought to pass was indefinite

820
00:39:47,160 --> 00:39:50,000
subject to the discretion of the

821
00:39:48,400 --> 00:39:53,480
Planning Commission and Town Council

822
00:39:50,000 --> 00:39:55,720
later to determine when it would be

823
00:39:53,480 --> 00:39:57,480
terminated then Not only would the rod

824
00:39:55,720 --> 00:39:59,720
and Rio and every other property owner

825
00:39:57,480 --> 00:40:02,960
in town have a very strong argument for

826
00:39:59,720 --> 00:40:05,200
an inverse condemnation form of taking

827
00:40:02,960 --> 00:40:07,040
but it would contradict all the previous

828
00:40:05,200 --> 00:40:09,800
descriptions including the first

829
00:40:07,040 --> 00:40:12,599
sentence of the this now therefore

830
00:40:09,800 --> 00:40:14,119
Clause that the moratorium was temporary

831
00:40:12,599 --> 00:40:16,319
you can see in the very top it's saying

832
00:40:14,119 --> 00:40:17,880
it's temporary I don't think the Town

833
00:40:16,319 --> 00:40:20,240
Council meant for this re their

834
00:40:17,880 --> 00:40:21,920
resolution to be indefinite but under

835
00:40:20,240 --> 00:40:23,560
the interpretation that the moratorium

836
00:40:21,920 --> 00:40:25,960
was only terminated by the Planning and

837
00:40:23,560 --> 00:40:28,040
Zoning commission and the Town Council

838
00:40:25,960 --> 00:40:29,800
the board should note that this means

839
00:40:28,040 --> 00:40:32,440
that the resolution would be attempting

840
00:40:29,800 --> 00:40:33,800
to vest the commission with a

841
00:40:32,440 --> 00:40:36,480
legislative

842
00:40:33,800 --> 00:40:39,440
function under no circumstances can a

843
00:40:36,480 --> 00:40:42,480
Town Council delegate a legislative

844
00:40:39,440 --> 00:40:44,240
function to the commission to decide

845
00:40:42,480 --> 00:40:46,200
even if jointly with the Town Council

846
00:40:44,240 --> 00:40:49,800
when a moratorium would

847
00:40:46,200 --> 00:40:52,560
end even if it could delegate regulatory

848
00:40:49,800 --> 00:40:56,480
rul making Authority that wouldn't fall

849
00:40:52,560 --> 00:40:57,960
in the the scope of ending the effect of

850
00:40:56,480 --> 00:41:00,440
a zoning

851
00:40:57,960 --> 00:41:02,960
ordinance to vest the commission with

852
00:41:00,440 --> 00:41:04,720
such an explicit legislative Authority

853
00:41:02,960 --> 00:41:06,680
would exceed the powers of a Planning

854
00:41:04,720 --> 00:41:09,960
and Zoning commission granted under the

855
00:41:06,680 --> 00:41:13,599
annotated code of Maryland section 2931

856
00:41:09,960 --> 00:41:15,880
of your zoning code and section 24513 of

857
00:41:13,599 --> 00:41:17,560
the subdivision regulations which

858
00:41:15,880 --> 00:41:19,880
describe the powers of the commission

859
00:41:17,560 --> 00:41:22,400
and none of them include legislative

860
00:41:19,880 --> 00:41:25,480
powers even the power to prepare a

861
00:41:22,400 --> 00:41:27,319
comprehensive plan or a zoning ordinance

862
00:41:25,480 --> 00:41:31,079
recommendation

863
00:41:27,319 --> 00:41:32,960
whether it's for amendments repeals

864
00:41:31,079 --> 00:41:34,680
reclassifications are only a

865
00:41:32,960 --> 00:41:38,440
recommendation to the Town Council

866
00:41:34,680 --> 00:41:39,599
they're not a legislative power that's

867
00:41:38,440 --> 00:41:41,960
to

868
00:41:39,599 --> 00:41:45,839
it they're not acting under their own

869
00:41:41,960 --> 00:41:45,839
authority to pass such

870
00:41:47,520 --> 00:41:53,040
things not only that such an

871
00:41:50,920 --> 00:41:55,240
interpretation would vest direct

872
00:41:53,040 --> 00:41:57,359
legislative authority to the

873
00:41:55,240 --> 00:41:59,680
commission which is one of the two

874
00:41:57,359 --> 00:42:01,000
parties to participate in the decision

875
00:41:59,680 --> 00:42:04,119
of whether

876
00:42:01,000 --> 00:42:06,680
legislative Act

877
00:42:04,119 --> 00:42:09,359
expires one can't argue that this kind

878
00:42:06,680 --> 00:42:11,079
of resolution delegated a regulatory

879
00:42:09,359 --> 00:42:14,880
Authority because that would violate

880
00:42:11,079 --> 00:42:14,880
section 10 code which is in your

881
00:42:16,000 --> 00:42:21,119
binder the slide of that b provides that

882
00:42:19,599 --> 00:42:24,240
agencies boards and commissions

883
00:42:21,119 --> 00:42:26,559
established by an authorizing ordinance

884
00:42:24,240 --> 00:42:29,000
may not promulgate regulations of

885
00:42:26,559 --> 00:42:31,400
General applicability remember that term

886
00:42:29,000 --> 00:42:34,200
General applicability unless that

887
00:42:31,400 --> 00:42:35,839
Authority is granted to such a body by

888
00:42:34,200 --> 00:42:38,119
an

889
00:42:35,839 --> 00:42:39,760
ordinance this gets back to the idea in

890
00:42:38,119 --> 00:42:41,640
Municipal law that I described at the

891
00:42:39,760 --> 00:42:44,000
last hearing and I believe also in the

892
00:42:41,640 --> 00:42:46,040
first hearing that something that has

893
00:42:44,000 --> 00:42:48,440
the effect of law whether it is

894
00:42:46,040 --> 00:42:51,720
modifying that effect or the

895
00:42:48,440 --> 00:42:54,440
applicability of that law such as the

896
00:42:51,720 --> 00:42:57,200
right of site plan review in this case

897
00:42:54,440 --> 00:43:00,079
or terminating such a modification

898
00:42:57,200 --> 00:43:02,319
a is when the ACT is what the law

899
00:43:00,079 --> 00:43:04,680
describes as being of general

900
00:43:02,319 --> 00:43:07,160
applicability and effect it means it

901
00:43:04,680 --> 00:43:09,280
applies as a substantive legal

902
00:43:07,160 --> 00:43:11,040
restriction on everyone in the general

903
00:43:09,280 --> 00:43:12,040
public that falls within the scope of

904
00:43:11,040 --> 00:43:15,359
that

905
00:43:12,040 --> 00:43:17,800
law so as section 102b recognizes to

906
00:43:15,359 --> 00:43:19,640
grant that regulatory power to the

907
00:43:17,800 --> 00:43:21,920
commission it requires an ordinance to

908
00:43:19,640 --> 00:43:24,680
authorize such a power it can't be

909
00:43:21,920 --> 00:43:24,680
accomplished through a

910
00:43:25,079 --> 00:43:28,079
resolution

911
00:43:33,200 --> 00:43:37,079
I mean in similar fashion the language

912
00:43:35,280 --> 00:43:39,880
in the resolution is a little bit sloppy

913
00:43:37,079 --> 00:43:42,480
in that it just avoids the power of the

914
00:43:39,880 --> 00:43:44,960
mayor to have a role in the change of

915
00:43:42,480 --> 00:43:47,040
something that's legislative in nature

916
00:43:44,960 --> 00:43:48,599
doesn't say the mayor and Town Council

917
00:43:47,040 --> 00:43:50,119
it just says the Planning and Zoning

918
00:43:48,599 --> 00:43:52,000
Commission in the Town Council I'm G

919
00:43:50,119 --> 00:43:54,200
have to here I mean because now we're

920
00:43:52,000 --> 00:43:55,680
going back to the what I originally

921
00:43:54,200 --> 00:43:58,319
stated my motion as being the hath

922
00:43:55,680 --> 00:44:00,440
truths I mean if you read it agencies

923
00:43:58,319 --> 00:44:03,119
boards and commissions in other words

924
00:44:00,440 --> 00:44:04,640
what it's saying is you guys cannot know

925
00:44:03,119 --> 00:44:06,880
promate any rules and regulations

926
00:44:04,640 --> 00:44:09,079
without an ordinance by the Town Council

927
00:44:06,880 --> 00:44:11,760
that's what it says okay so all of this

928
00:44:09,079 --> 00:44:13,640
going on and on and on about half truths

929
00:44:11,760 --> 00:44:16,160
about saying that the council can't do

930
00:44:13,640 --> 00:44:17,800
it that's untrue okay it's just you guys

931
00:44:16,160 --> 00:44:20,359
that administrative boards can't do it

932
00:44:17,800 --> 00:44:22,319
so I just want to say let's not twist

933
00:44:20,359 --> 00:44:24,680
things too much for the half truths

934
00:44:22,319 --> 00:44:27,160
thank you it's not an objection about

935
00:44:24,680 --> 00:44:30,240
evidence and it's a argument and my

936
00:44:27,160 --> 00:44:32,319
argument isn't that it's it's improper

937
00:44:30,240 --> 00:44:34,400
for the Town Council to make legislative

938
00:44:32,319 --> 00:44:36,920
judgments that's literally their job

939
00:44:34,400 --> 00:44:39,920
it's that they could not delegate that

940
00:44:36,920 --> 00:44:41,200
Authority through a resolution we're

941
00:44:39,920 --> 00:44:43,400
talking about the language of the

942
00:44:41,200 --> 00:44:46,000
resolution to the Planning and Zoning

943
00:44:43,400 --> 00:44:48,079
commission commission cannot take on

944
00:44:46,000 --> 00:44:50,520
legislative Authority and it can't take

945
00:44:48,079 --> 00:44:52,599
on regulatory Authority without it being

946
00:44:50,520 --> 00:44:55,359
done through the passage of an ordinance

947
00:44:52,599 --> 00:44:58,720
so it could not have participated in the

948
00:44:55,359 --> 00:44:58,720
termination of the

949
00:45:02,520 --> 00:45:07,359
moratorium recall also how the law

950
00:45:05,640 --> 00:45:10,520
requires the commission to complete the

951
00:45:07,359 --> 00:45:13,680
comprehensive plan review according to a

952
00:45:10,520 --> 00:45:15,880
deadline so under the interpretation

953
00:45:13,680 --> 00:45:17,800
that the rotten reel was now being given

954
00:45:15,880 --> 00:45:19,599
that the moratorium was indefinite and

955
00:45:17,800 --> 00:45:22,480
that the commission has a role in

956
00:45:19,599 --> 00:45:24,280
determining when the moratorium ends it

957
00:45:22,480 --> 00:45:26,599
would mean that they they would have the

958
00:45:24,280 --> 00:45:29,119
power to decide if and when

959
00:45:26,599 --> 00:45:31,680
they have to finish their work on the

960
00:45:29,119 --> 00:45:31,680
comprehensive

961
00:45:32,319 --> 00:45:37,359
plan I would

962
00:45:35,000 --> 00:45:39,800
suggest

963
00:45:37,359 --> 00:45:43,480
that's difficult to

964
00:45:39,800 --> 00:45:45,400
imagine as Mar as I cited the Maryland

965
00:45:43,480 --> 00:45:48,040
law makes it very explicit of what the

966
00:45:45,400 --> 00:45:48,040
deadlines

967
00:45:48,440 --> 00:45:52,319
are so it's a possible that the language

968
00:45:51,000 --> 00:45:54,880
in this sentence was attempting to

969
00:45:52,319 --> 00:45:57,440
address the time periods for

970
00:45:54,880 --> 00:45:59,800
development such as a requirement that

971
00:45:57,440 --> 00:46:02,880
the site plan once granted is good for

972
00:45:59,800 --> 00:46:07,079
one year unless it's extended that's in

973
00:46:02,880 --> 00:46:08,760
section 29025 A7 of your code that at

974
00:46:07,079 --> 00:46:10,680
least would be consistent with the idea

975
00:46:08,760 --> 00:46:12,200
that the moratorium was described as

976
00:46:10,680 --> 00:46:13,440
having a maximum duration that was

977
00:46:12,200 --> 00:46:16,079
debated and

978
00:46:13,440 --> 00:46:18,350
settled but using the

979
00:46:16,079 --> 00:46:21,449
language it's going back to

980
00:46:18,350 --> 00:46:21,449
[Music]

981
00:46:24,800 --> 00:46:27,800
it

982
00:46:29,800 --> 00:46:33,599
in the beginning of that se that second

983
00:46:32,040 --> 00:46:35,920
highlighted sentence all time periods

984
00:46:33,599 --> 00:46:38,880
for the development project are hereby

985
00:46:35,920 --> 00:46:42,160
state so there are other deadlines that

986
00:46:38,880 --> 00:46:44,240
happen under a site plan review process

987
00:46:42,160 --> 00:46:45,880
once it gets going so it could have been

988
00:46:44,240 --> 00:46:48,839
referring to

989
00:46:45,880 --> 00:46:53,319
that I don't

990
00:46:48,839 --> 00:46:53,319
know so let's go to slide

991
00:46:54,800 --> 00:46:58,800
12

992
00:46:57,119 --> 00:47:01,280
so you already have this in evidence

993
00:46:58,800 --> 00:47:03,720
this is exhibit

994
00:47:01,280 --> 00:47:06,440
27 and I'm just

995
00:47:03,720 --> 00:47:09,559
ref referring you to the whereas Clause

996
00:47:06,440 --> 00:47:09,559
where they say it's a temporary

997
00:47:09,920 --> 00:47:15,520
moratorium they also determined that

998
00:47:12,480 --> 00:47:19,200
they there was a need to extend

999
00:47:15,520 --> 00:47:21,040
it okay so if you if you are extending

1000
00:47:19,200 --> 00:47:22,920
the moratorium and you say there was a

1001
00:47:21,040 --> 00:47:25,520
need to extend it you're implied that it

1002
00:47:22,920 --> 00:47:27,559
was the first 9mon moratorium was going

1003
00:47:25,520 --> 00:47:32,079
to

1004
00:47:27,559 --> 00:47:32,079
expire again at the bottom that it's

1005
00:47:34,640 --> 00:47:39,280
needed so what's clear to me and I think

1006
00:47:37,760 --> 00:47:41,200
should be clear to you is that when the

1007
00:47:39,280 --> 00:47:43,400
Town Council was extending that

1008
00:47:41,200 --> 00:47:46,319
moratorium they believe they needed to

1009
00:47:43,400 --> 00:47:48,880
do so and that the first resolution's

1010
00:47:46,319 --> 00:47:50,160
nine-month duration was going to expire

1011
00:47:48,880 --> 00:47:52,280
in

1012
00:47:50,160 --> 00:47:54,920
December they wouldn't have needed to do

1013
00:47:52,280 --> 00:47:57,800
an extension if they had an indefinite

1014
00:47:54,920 --> 00:48:01,839
power to have the moratorium last as

1015
00:47:57,800 --> 00:48:01,839
long as they decided it should

1016
00:48:11,079 --> 00:48:16,079
last in the original

1017
00:48:14,119 --> 00:48:17,839
resolution attempting to impose the

1018
00:48:16,079 --> 00:48:18,920
moratorium the Town Council had said

1019
00:48:17,839 --> 00:48:20,319
that they were acting on the

1020
00:48:18,920 --> 00:48:21,880
recommendation of the

1021
00:48:20,319 --> 00:48:24,280
commission

1022
00:48:21,880 --> 00:48:26,640
and though they did change the

1023
00:48:24,280 --> 00:48:28,640
recommendation from

1024
00:48:26,640 --> 00:48:30,480
uh one year to nine months I

1025
00:48:28,640 --> 00:48:32,720
guess

1026
00:48:30,480 --> 00:48:34,480
um and the record of the commission's

1027
00:48:32,720 --> 00:48:36,920
resolutions clearly indicate they

1028
00:48:34,480 --> 00:48:38,400
believe that the moratorium had a

1029
00:48:36,920 --> 00:48:40,839
defined

1030
00:48:38,400 --> 00:48:43,040
duration because they debated whether it

1031
00:48:40,839 --> 00:48:48,079
would be nine months 12 months whichever

1032
00:48:43,040 --> 00:48:49,240
is earlier uh for the Implement that is

1033
00:48:48,079 --> 00:48:52,599
under the Planning and Zoning

1034
00:48:49,240 --> 00:48:54,920
commission's resolution they said that

1035
00:48:52,599 --> 00:48:56,480
it was the earlier of the completion of

1036
00:48:54,920 --> 00:48:59,760
the comprehensive plan and the

1037
00:48:56,480 --> 00:49:01,960
implementing ordinances or 12

1038
00:48:59,760 --> 00:49:03,839
months so I can't explain the in

1039
00:49:01,960 --> 00:49:05,880
congruity between the mountain of

1040
00:49:03,839 --> 00:49:08,280
evidence that the moratorium would have

1041
00:49:05,880 --> 00:49:10,200
had an outer limit on its duration and

1042
00:49:08,280 --> 00:49:12,480
this language in the resolution but I

1043
00:49:10,200 --> 00:49:14,760
think that given that it is merely a

1044
00:49:12,480 --> 00:49:18,040
resolution and not an ordinance that the

1045
00:49:14,760 --> 00:49:20,040
board should consider whether is merely

1046
00:49:18,040 --> 00:49:21,599
sloppy language that failed to fulfill

1047
00:49:20,040 --> 00:49:23,240
the true intent of the Town Council when

1048
00:49:21,599 --> 00:49:27,520
it passed those two

1049
00:49:23,240 --> 00:49:27,520
resolutions um

1050
00:49:29,520 --> 00:49:38,040
so by June 3rd of 22

1051
00:49:34,000 --> 00:49:40,599
2022 this is after the expiration of the

1052
00:49:38,040 --> 00:49:42,280
moratorium the purported moratorium is

1053
00:49:40,599 --> 00:49:44,480
still being used to justify the

1054
00:49:42,280 --> 00:49:46,160
continued denial of the rod and reels

1055
00:49:44,480 --> 00:49:49,160
site

1056
00:49:46,160 --> 00:49:50,760
plans and the zoning administrator and

1057
00:49:49,160 --> 00:49:52,799
this Planning and Zoning commission are

1058
00:49:50,760 --> 00:49:54,720
continuing to meet their obligations

1059
00:49:52,799 --> 00:49:57,520
under the zoning code and process those

1060
00:49:54,720 --> 00:49:57,520
site plans

1061
00:49:57,680 --> 00:50:01,160
perhaps one of the best explanations for

1062
00:49:59,839 --> 00:50:03,520
this continued

1063
00:50:01,160 --> 00:50:05,480
refusal is that while the Town Council

1064
00:50:03,520 --> 00:50:06,720
had passed the comprehensive plan at

1065
00:50:05,480 --> 00:50:10,319
this

1066
00:50:06,720 --> 00:50:12,920
point which became effective in May 11th

1067
00:50:10,319 --> 00:50:16,040
of 22 the commission wasn't even close

1068
00:50:12,920 --> 00:50:16,040
to finishing the implementing

1069
00:50:16,480 --> 00:50:21,200
ordinances those implementing ordinances

1070
00:50:18,960 --> 00:50:23,200
are what would be necessary because

1071
00:50:21,200 --> 00:50:26,720
those are the zoning code Provisions

1072
00:50:23,200 --> 00:50:31,040
that would the commission has to apply

1073
00:50:26,720 --> 00:50:31,040
during the site review site plan

1074
00:50:31,319 --> 00:50:35,480
review I mean I don't want to make this

1075
00:50:34,079 --> 00:50:38,000
all about the rod and reel this was

1076
00:50:35,480 --> 00:50:41,040
necessary for all other property owners

1077
00:50:38,000 --> 00:50:43,319
who in town who would want to file a

1078
00:50:41,040 --> 00:50:46,480
category one site plan they were all

1079
00:50:43,319 --> 00:50:48,599
prohibited from doing it

1080
00:50:46,480 --> 00:50:50,000
moratorium was directed at the rod and

1081
00:50:48,599 --> 00:50:51,520
reel applications but is certainly

1082
00:50:50,000 --> 00:50:53,960
applied everywhere to everybody that

1083
00:50:51,520 --> 00:50:56,799
wanted to file a site one a category one

1084
00:50:53,960 --> 00:51:01,000
site plan so it was still being extended

1085
00:50:56,799 --> 00:51:01,000
even past its March 19th

1086
00:51:11,960 --> 00:51:14,960
date

1087
00:51:15,760 --> 00:51:20,000
often and and I think you can take

1088
00:51:18,559 --> 00:51:23,319
judicial notice of the fact that the

1089
00:51:20,000 --> 00:51:26,599
town did it in the past municipalities

1090
00:51:23,319 --> 00:51:28,599
will pass one implementing zoning

1091
00:51:26,599 --> 00:51:31,000
ordinance to implement the changes that

1092
00:51:28,599 --> 00:51:32,000
are made in a comprehensive plan it has

1093
00:51:31,000 --> 00:51:34,359
the

1094
00:51:32,000 --> 00:51:36,280
advantage of having both the

1095
00:51:34,359 --> 00:51:38,839
commission's reg recommendations to the

1096
00:51:36,280 --> 00:51:41,400
Town Council but also the town council's

1097
00:51:38,839 --> 00:51:43,400
deliberations being kind of integrated

1098
00:51:41,400 --> 00:51:46,640
so that all of the things can be

1099
00:51:43,400 --> 00:51:49,680
evaluated together

1100
00:51:46,640 --> 00:51:51,359
um but this wasn't being done in this

1101
00:51:49,680 --> 00:51:53,240
case

1102
00:51:51,359 --> 00:51:56,000
um

1103
00:51:53,240 --> 00:51:58,000
and from the beginning even before the

1104
00:51:56,000 --> 00:52:00,280
commission held their Republic hearing

1105
00:51:58,000 --> 00:52:02,359
and adopted their comprehensive

1106
00:52:00,280 --> 00:52:04,440
plan and certainly before the Town

1107
00:52:02,359 --> 00:52:06,359
Council had adopted it there were

1108
00:52:04,440 --> 00:52:09,040
motions before the commission already to

1109
00:52:06,359 --> 00:52:10,760
offer peacemeal legislation in order to

1110
00:52:09,040 --> 00:52:14,640
specifically Target the rotten re site

1111
00:52:10,760 --> 00:52:17,160
plans so this is them offering Rec

1112
00:52:14,640 --> 00:52:19,119
ordinances to Target the rod and re site

1113
00:52:17,160 --> 00:52:21,680
plans even before they had passed their

1114
00:52:19,119 --> 00:52:21,680
comprehensive

1115
00:52:24,280 --> 00:52:28,440
plan an example of this was in the

1116
00:52:26,960 --> 00:52:31,880
minutes of the commission for Fe

1117
00:52:28,440 --> 00:52:34,400
February 15 24 which you already have as

1118
00:52:31,880 --> 00:52:35,760
exhibit 15 which was the same meeting

1119
00:52:34,400 --> 00:52:38,000
where the commission considered its

1120
00:52:35,760 --> 00:52:40,079
motion to recommend the

1121
00:52:38,000 --> 00:52:42,040
moratorium on page two there was a

1122
00:52:40,079 --> 00:52:43,599
motion to set a date on a draft zoning

1123
00:52:42,040 --> 00:52:46,319
text amendments to limit the height of

1124
00:52:43,599 --> 00:52:50,000
all buildings within all districts

1125
00:52:46,319 --> 00:52:52,920
within the town to 35 fet and another

1126
00:52:50,000 --> 00:52:56,000
motion to remove residential allocations

1127
00:52:52,920 --> 00:52:58,200
in the town center and the marina areas

1128
00:52:56,000 --> 00:53:01,880
where three of the rotten re site plan

1129
00:52:58,200 --> 00:53:04,440
applications are located three of the

1130
00:53:01,880 --> 00:53:07,319
five those were Pro

1131
00:53:04,440 --> 00:53:08,760
proposals to change the zoning even even

1132
00:53:07,319 --> 00:53:10,880
before the commission had finished its

1133
00:53:08,760 --> 00:53:14,839
comprehensive

1134
00:53:10,880 --> 00:53:17,280
plan and well before the Town Council

1135
00:53:14,839 --> 00:53:19,480
adopted the plan which wouldn't have

1136
00:53:17,280 --> 00:53:21,640
happen for another 14

1137
00:53:19,480 --> 00:53:23,640
months while that height limitation

1138
00:53:21,640 --> 00:53:25,559
motion was deferred until their March

1139
00:53:23,640 --> 00:53:28,079
meeting it was not on their agenda for

1140
00:53:25,559 --> 00:53:30,799
that March meeting and was not discussed

1141
00:53:28,079 --> 00:53:33,520
as you can see in the meeting minutes of

1142
00:53:30,799 --> 00:53:35,920
March 24th 2021 which I'll offer is

1143
00:53:33,520 --> 00:53:35,920
exhibit

1144
00:53:35,960 --> 00:53:40,839
35 oh fine the here here's ultimately

1145
00:53:39,240 --> 00:53:42,680
where we're going on this you know

1146
00:53:40,839 --> 00:53:44,319
basically there are two questions in

1147
00:53:42,680 --> 00:53:46,400
which this board is going to be asked to

1148
00:53:44,319 --> 00:53:47,680
answer okay those are the two questions

1149
00:53:46,400 --> 00:53:49,440
in which was outlined at the beginning

1150
00:53:47,680 --> 00:53:52,160
of this meeting tonight now we're

1151
00:53:49,440 --> 00:53:53,720
getting to the point of hearing uh I

1152
00:53:52,160 --> 00:53:55,319
guess it's testimony depending on

1153
00:53:53,720 --> 00:53:57,400
whether Mr Blitz has actually been sworn

1154
00:53:55,319 --> 00:53:59,640
and that Roden reel was in essence

1155
00:53:57,400 --> 00:54:02,079
picked on by the Planning Commission

1156
00:53:59,640 --> 00:54:03,520
with regard to its review or that that

1157
00:54:02,079 --> 00:54:06,319
in essence it was targeting these

1158
00:54:03,520 --> 00:54:11,160
projects which one way the other I'm not

1159
00:54:06,319 --> 00:54:12,920
sure how that in essence uh is in any

1160
00:54:11,160 --> 00:54:14,359
way relevant to ultimately the ultimate

1161
00:54:12,920 --> 00:54:16,359
question which you're going to be asked

1162
00:54:14,359 --> 00:54:17,640
is addressing those two questions I mean

1163
00:54:16,359 --> 00:54:19,799
whether the Planning Commission picked

1164
00:54:17,640 --> 00:54:22,359
on them whether they were mad at him or

1165
00:54:19,799 --> 00:54:24,839
anything else you know that's completely

1166
00:54:22,359 --> 00:54:27,720
separate in this thing from where

1167
00:54:24,839 --> 00:54:28,920
complet are relevant from where uh uh

1168
00:54:27,720 --> 00:54:31,440
you know where we are tonight and

1169
00:54:28,920 --> 00:54:33,559
ultimately question is going to be you

1170
00:54:31,440 --> 00:54:35,559
know indeed did they present these

1171
00:54:33,559 --> 00:54:38,040
applications which I have not heard any

1172
00:54:35,559 --> 00:54:39,720
testimony which I hope we hear something

1173
00:54:38,040 --> 00:54:41,440
that indeed these five applications went

1174
00:54:39,720 --> 00:54:43,200
before the Planning Commission they were

1175
00:54:41,440 --> 00:54:45,359
reviewed by the Planning Commission and

1176
00:54:43,200 --> 00:54:47,839
that Planning Commission in essence made

1177
00:54:45,359 --> 00:54:49,839
made those decisions uh with regard to

1178
00:54:47,839 --> 00:54:51,880
the these applications that were going

1179
00:54:49,839 --> 00:54:55,160
before I hope we're going to be you know

1180
00:54:51,880 --> 00:54:57,880
heading down that road because if indeed

1181
00:54:55,160 --> 00:54:59,640
they chose to try to do this whole

1182
00:54:57,880 --> 00:55:02,400
process rather than presenting to the

1183
00:54:59,640 --> 00:55:04,280
Planning Commission for their review is

1184
00:55:02,400 --> 00:55:05,720
what they should have done then this

1185
00:55:04,280 --> 00:55:06,880
whole proceeding is really becoming

1186
00:55:05,720 --> 00:55:09,200
irrelevant because that's what they

1187
00:55:06,880 --> 00:55:09,200
should have

1188
00:55:09,240 --> 00:55:14,680
done um you very briefly be heard

1189
00:55:12,960 --> 00:55:17,880
yes there's going to be a lot of

1190
00:55:14,680 --> 00:55:19,799
evidence coming up to demonstrate that

1191
00:55:17,880 --> 00:55:22,280
the way the town's actions were done was

1192
00:55:19,799 --> 00:55:24,000
arbitrary and capricious and part of

1193
00:55:22,280 --> 00:55:28,440
that is

1194
00:55:24,000 --> 00:55:29,799
directing a municipal ordinance that's

1195
00:55:28,440 --> 00:55:32,200
in effect for

1196
00:55:29,799 --> 00:55:34,440
everybody directing it at the rod and

1197
00:55:32,200 --> 00:55:35,839
reel to limit it you saw in the

1198
00:55:34,440 --> 00:55:38,880
resolution

1199
00:55:35,839 --> 00:55:41,319
itself of the Planning and Zoning

1200
00:55:38,880 --> 00:55:43,559
commission they said the need for this

1201
00:55:41,319 --> 00:55:45,599
resolution were the five site plans that

1202
00:55:43,559 --> 00:55:48,200
had recently been filed it was also

1203
00:55:45,599 --> 00:55:49,520
included in the Town Council resolution

1204
00:55:48,200 --> 00:55:53,200
there I don't think there's any doubt

1205
00:55:49,520 --> 00:55:53,200
that these were targeted at the rotten

1206
00:55:54,000 --> 00:55:59,359
reel

1207
00:55:56,280 --> 00:56:01,039
but furthermore even if e that's that's

1208
00:55:59,359 --> 00:56:03,640
that's S one is making a big assumption

1209
00:56:01,039 --> 00:56:05,640
and number two is you know even if that

1210
00:56:03,640 --> 00:56:07,319
is true if if they were targeting the

1211
00:56:05,640 --> 00:56:08,520
broad and real that's all fine but that

1212
00:56:07,319 --> 00:56:12,400
doesn't go to the two questions that's

1213
00:56:08,520 --> 00:56:12,400
going to be ultimately asked by the

1214
00:56:13,079 --> 00:56:16,839
uh all right thank you one

1215
00:56:23,920 --> 00:56:26,920
moment

1216
00:56:30,680 --> 00:56:34,839
uh the objection is overruled but we

1217
00:56:32,319 --> 00:56:38,119
will take your advice under

1218
00:56:34,839 --> 00:56:38,119
consideration you Mr

1219
00:56:39,640 --> 00:56:44,839
blitz so I believe I I just left off at

1220
00:56:42,960 --> 00:56:47,200
uh supplying you the minutes which was

1221
00:56:44,839 --> 00:56:51,200
exhibit 35 the minutes of the Planning

1222
00:56:47,200 --> 00:56:51,200
and Zoning Commission of March 24

1223
00:56:53,880 --> 00:56:56,880
2021

1224
00:56:57,319 --> 00:57:01,599
what's also informative about the March

1225
00:56:59,160 --> 00:57:03,640
24th 2021

1226
00:57:01,599 --> 00:57:05,880
minutes is that the chairman of the

1227
00:57:03,640 --> 00:57:08,599
commission as you can see

1228
00:57:05,880 --> 00:57:11,160
here believed that the moror moratorium

1229
00:57:08,599 --> 00:57:12,440
was set to expire in nine months and

1230
00:57:11,160 --> 00:57:14,240
chairman Brown stated that the

1231
00:57:12,440 --> 00:57:16,440
moratorium being passed by the Town

1232
00:57:14,240 --> 00:57:18,160
Council and to expire by the end of the

1233
00:57:16,440 --> 00:57:21,599
year the commission needs to devote all

1234
00:57:18,160 --> 00:57:21,599
its time to the comprehensive

1235
00:57:22,119 --> 00:57:28,599
plan so after the Town Council adopted

1236
00:57:24,640 --> 00:57:32,200
the commission's recommendation and

1237
00:57:28,599 --> 00:57:33,839
made and recom I apologize adopted the

1238
00:57:32,200 --> 00:57:37,319
commission's recommended comprehensive

1239
00:57:33,839 --> 00:57:39,839
plan and it became effective in May of

1240
00:57:37,319 --> 00:57:41,240
2022 instead of one single implementing

1241
00:57:39,839 --> 00:57:43,760
ordinance the commission made a series

1242
00:57:41,240 --> 00:57:45,720
of recommendations over time and as

1243
00:57:43,760 --> 00:57:47,960
you'll see the Town Council then took up

1244
00:57:45,720 --> 00:57:50,920
these separate ordinances over a period

1245
00:57:47,960 --> 00:57:52,400
of 18 months and they still have not

1246
00:57:50,920 --> 00:57:54,839
finished

1247
00:57:52,400 --> 00:57:56,760
them so the first major group of

1248
00:57:54,839 --> 00:57:58,160
implementing ordinances came with the

1249
00:57:56,760 --> 00:58:00,440
commission's recommendation of a new

1250
00:57:58,160 --> 00:58:03,400
zoning map and a series of text

1251
00:58:00,440 --> 00:58:07,520
amendments at its June uh I apologize

1252
00:58:03,400 --> 00:58:09,079
July 27th 2022 meeting for which it held

1253
00:58:07,520 --> 00:58:14,000
a public

1254
00:58:09,079 --> 00:58:15,960
hearing and that is I will submit 30

1255
00:58:14,000 --> 00:58:19,640
exhibit 36 which are the minutes of the

1256
00:58:15,960 --> 00:58:19,640
commission of July 27th

1257
00:58:23,720 --> 00:58:26,720
2022

1258
00:58:39,960 --> 00:58:45,960
so chair greengold stated in this public

1259
00:58:43,359 --> 00:58:48,920
hearing was called to receive comments

1260
00:58:45,960 --> 00:58:50,680
regarding the revised draft zoning map

1261
00:58:48,920 --> 00:58:52,119
and the draft supporting text amendments

1262
00:58:50,680 --> 00:58:54,359
that are necessary to implement the

1263
00:58:52,119 --> 00:58:57,160
recommendations of the newly adopted

1264
00:58:54,359 --> 00:58:59,280
comprehens a plan and note that this was

1265
00:58:57,160 --> 00:59:01,160
occurring after the continued refusal of

1266
00:58:59,280 --> 00:59:03,079
the zoning administrator and the

1267
00:59:01,160 --> 00:59:04,520
Planning and Zoning commission to

1268
00:59:03,079 --> 00:59:05,680
process the site plans that had been

1269
00:59:04,520 --> 00:59:08,000
filed on

1270
00:59:05,680 --> 00:59:12,440
January

1271
00:59:08,000 --> 00:59:12,440
21st I think of of

1272
00:59:13,039 --> 00:59:20,760
20121 and after the nominal expiration

1273
00:59:15,920 --> 00:59:20,760
of the moratorium in March 19th of

1274
00:59:23,640 --> 00:59:27,280
2022 if it had not been for the

1275
00:59:25,680 --> 00:59:30,240
moratorium which I believe we've

1276
00:59:27,280 --> 00:59:33,480
established was invalid from the outset

1277
00:59:30,240 --> 00:59:35,200
objection you know I think again this

1278
00:59:33,480 --> 00:59:37,760
has been going on and on about Mr Blitz

1279
00:59:35,200 --> 00:59:39,720
stating his opinion moratorium was valid

1280
00:59:37,760 --> 00:59:41,839
okay it was adopted by the Town Council

1281
00:59:39,720 --> 00:59:44,960
it was a proper resolution that has a

1282
00:59:41,839 --> 00:59:47,160
proper document it is 100% adopted and I

1283
00:59:44,960 --> 00:59:51,319
can appreciate the fact that he needs it

1284
00:59:47,160 --> 00:59:53,240
to be invalid to make to try to you know

1285
00:59:51,319 --> 00:59:55,520
make his case at all but the fact that

1286
00:59:53,240 --> 00:59:58,319
he's going on and on St that is

1287
00:59:55,520 --> 01:00:00,160
completely unro so I'm keep objecting

1288
00:59:58,319 --> 01:00:01,599
that that one will be sustained sounded

1289
01:00:00,160 --> 01:00:02,960
an awful lot like an opinion we haven't

1290
01:00:01,599 --> 01:00:07,319
established anything yet we're hearing

1291
01:00:02,960 --> 01:00:07,319
you present evidence right please

1292
01:00:11,300 --> 01:00:14,409
[Music]

1293
01:00:22,839 --> 01:00:27,079
continue so even after the public

1294
01:00:25,039 --> 01:00:29,760
hearing on the proposed new map and the

1295
01:00:27,079 --> 01:00:31,000
text amendments in July the August 4th

1296
01:00:29,760 --> 01:00:33,079
minutes show that the commission was

1297
01:00:31,000 --> 01:00:35,039
still considering changes to the zoning

1298
01:00:33,079 --> 01:00:38,559
map and the text amendments discussed in

1299
01:00:35,039 --> 01:00:41,200
July and not finalized its Town Council

1300
01:00:38,559 --> 01:00:42,520
recommendation I'll submit exhibit 37

1301
01:00:41,200 --> 01:00:45,480
which are the minutes of the commission

1302
01:00:42,520 --> 01:00:45,480
of August 4th

1303
01:00:49,240 --> 01:00:55,559
2022 sorry Mr buz what was that

1304
01:00:53,520 --> 01:00:58,799
again

1305
01:00:55,559 --> 01:00:58,799
of the

1306
01:01:16,359 --> 01:01:23,440
Z submit the minutes of the Town Council

1307
01:01:20,640 --> 01:01:26,359
of November 7th

1308
01:01:23,440 --> 01:01:29,200
2022 is exhibit

1309
01:01:26,359 --> 01:01:31,760
38 to show that the Town Council did not

1310
01:01:29,200 --> 01:01:31,760
consider

1311
01:01:34,640 --> 01:01:42,720
them first implenting ordinance of the

1312
01:01:40,310 --> 01:01:45,839
[Music]

1313
01:01:42,720 --> 01:01:47,960
um text amendments until that December

1314
01:01:45,839 --> 01:01:47,960
of

1315
01:01:52,640 --> 01:01:55,960
2022 so this is where they they

1316
01:01:54,599 --> 01:01:58,920
introduced the

1317
01:01:55,960 --> 01:02:01,440
ordinance the Town Council public

1318
01:01:58,920 --> 01:02:01,440
hearing was

1319
01:02:09,880 --> 01:02:14,440
set then I'll submit the minutes of the

1320
01:02:12,640 --> 01:02:16,920
Town Council public hearing and town

1321
01:02:14,440 --> 01:02:19,839
council meeting of November

1322
01:02:16,920 --> 01:02:22,839
17th 20122 is

1323
01:02:19,839 --> 01:02:22,839
exhibit

1324
01:02:23,359 --> 01:02:26,359
39

1325
01:02:32,180 --> 01:02:35,250
[Music]

1326
01:02:42,799 --> 01:02:47,880
so this shows that eight months after

1327
01:02:45,359 --> 01:02:50,440
the moratorium had ended in March of

1328
01:02:47,880 --> 01:02:51,799
2022 and despite the town zoning

1329
01:02:50,440 --> 01:02:54,359
administrator and planning and zoning

1330
01:02:51,799 --> 01:02:56,640
commission continuing to fail to proc

1331
01:02:54,359 --> 01:02:58,680
process those site plans the Town

1332
01:02:56,640 --> 01:03:01,119
Council was having its first hearings in

1333
01:02:58,680 --> 01:03:03,520
considering the first two implementing

1334
01:03:01,119 --> 01:03:05,200
ordinances after the hearings and some

1335
01:03:03,520 --> 01:03:06,520
motions to amend the Town Council

1336
01:03:05,200 --> 01:03:09,039
adopted those

1337
01:03:06,520 --> 01:03:12,440
ordinances those were ordinances

1338
01:03:09,039 --> 01:03:12,440
02212 and

1339
01:03:12,880 --> 01:03:19,880
02213 which were the first implementing

1340
01:03:16,359 --> 01:03:19,880
ordinances in this

1341
01:03:20,960 --> 01:03:25,680
process and as you can see on page seven

1342
01:03:23,520 --> 01:03:27,319
of that exhibit which is Page four of

1343
01:03:25,680 --> 01:03:31,720
the Town council's

1344
01:03:27,319 --> 01:03:31,720
minutes of November 17

1345
01:03:31,960 --> 01:03:36,880
2022 the Town Council considered and

1346
01:03:34,319 --> 01:03:36,880
passed ordinance

1347
01:03:37,079 --> 01:03:41,480
02213 but even on this date they were

1348
01:03:39,760 --> 01:03:42,720
doing so the Town Council was being

1349
01:03:41,480 --> 01:03:44,880
advised by the

1350
01:03:42,720 --> 01:03:47,319
commission that it was continuing its

1351
01:03:44,880 --> 01:03:50,680
work on more implementing

1352
01:03:47,319 --> 01:03:53,920
ordinances so I'll to demonstrate that

1353
01:03:50,680 --> 01:03:56,559
point I'll submit exhibit 40 which is

1354
01:03:53,920 --> 01:03:57,799
the report of chair greengold of the

1355
01:03:56,559 --> 01:04:03,279
Planning and Zoning commission to the

1356
01:03:57,799 --> 01:04:03,279
mayor and Town Council dated November 17

1357
01:04:15,330 --> 01:04:18,520
[Music]

1358
01:04:23,200 --> 01:04:26,200
2022

1359
01:04:26,799 --> 01:04:31,400
so as you can see by this November

1360
01:04:29,599 --> 01:04:35,119
17th

1361
01:04:31,400 --> 01:04:37,119
report to the mayor and Town

1362
01:04:35,119 --> 01:04:38,520
Council this demonstrates that the

1363
01:04:37,119 --> 01:04:39,920
commission was not finished proposing

1364
01:04:38,520 --> 01:04:41,640
its implementing

1365
01:04:39,920 --> 01:04:43,160
ordinances uh to implement the

1366
01:04:41,640 --> 01:04:45,760
comprehensive plan it was just beginning

1367
01:04:43,160 --> 01:04:47,359
the planning process of an element that

1368
01:04:45,760 --> 01:04:49,680
should have been included in the

1369
01:04:47,359 --> 01:04:53,160
comprehensive plan in the first instance

1370
01:04:49,680 --> 01:04:56,160
which is the critical area plan for the

1371
01:04:53,160 --> 01:04:56,160
town

1372
01:04:56,319 --> 01:05:01,599
as you can see at the but end there the

1373
01:04:59,119 --> 01:05:05,000
commission was just beginning to address

1374
01:05:01,599 --> 01:05:07,279
the ches be B Bay's uh ches Beach's

1375
01:05:05,000 --> 01:05:09,880
critical area local area

1376
01:05:07,279 --> 01:05:12,559
program which for years was done

1377
01:05:09,880 --> 01:05:14,440
concurrently with the with and as part

1378
01:05:12,559 --> 01:05:18,279
of the comprehensive

1379
01:05:14,440 --> 01:05:20,520
plan um and you should recall that all

1380
01:05:18,279 --> 01:05:26,079
five of the Roden reel site

1381
01:05:20,520 --> 01:05:26,079
plans are critical area plans

1382
01:05:27,799 --> 01:05:32,200
um to understand

1383
01:05:30,279 --> 01:05:36,680
why they really should have been done

1384
01:05:32,200 --> 01:05:39,599
part as part of the comprehensive plan

1385
01:05:36,680 --> 01:05:41,799
process um you should understand that

1386
01:05:39,599 --> 01:05:44,400
the town's critical area program like

1387
01:05:41,799 --> 01:05:46,960
all Maryland municipalities have one

1388
01:05:44,400 --> 01:05:49,920
that are in the critical area are

1389
01:05:46,960 --> 01:05:52,200
integrated into the zoning

1390
01:05:49,920 --> 01:05:55,680
ordinance it does that through overlay

1391
01:05:52,200 --> 01:05:59,200
zones an Ida which is means intensely

1392
01:05:55,680 --> 01:06:02,240
developed area limited development areas

1393
01:05:59,200 --> 01:06:05,000
I'm you know again you know now Mr uh

1394
01:06:02,240 --> 01:06:06,960
Blitz is giving his opinions uh based

1395
01:06:05,000 --> 01:06:08,799
upon what he thinks the Planning

1396
01:06:06,960 --> 01:06:10,680
Commission should have done and how they

1397
01:06:08,799 --> 01:06:11,880
should have done his job know that's up

1398
01:06:10,680 --> 01:06:13,880
to the Planning Commission and their

1399
01:06:11,880 --> 01:06:16,279
discretion so Mr Blitz can't sit here

1400
01:06:13,880 --> 01:06:18,880
and give his opinion as to what he

1401
01:06:16,279 --> 01:06:20,039
thinks should have been done uh the

1402
01:06:18,880 --> 01:06:21,839
Planning Commission has their own

1403
01:06:20,039 --> 01:06:25,279
discretion they had their own hearings

1404
01:06:21,839 --> 01:06:26,640
many public hearings uh with regard to

1405
01:06:25,279 --> 01:06:28,279
uh you know what what would happen with

1406
01:06:26,640 --> 01:06:31,160
regard to the ultimate comprehensive

1407
01:06:28,279 --> 01:06:34,160
plan so Mr Blitz giving his opinion as

1408
01:06:31,160 --> 01:06:36,880
to what they should have done now is is

1409
01:06:34,160 --> 01:06:38,520
Way Beyond he can possibly testify to

1410
01:06:36,880 --> 01:06:42,200
unless he's going to now testify as a

1411
01:06:38,520 --> 01:06:43,760
possible land planner expert in which he

1412
01:06:42,200 --> 01:06:46,880
wants to qualify himself as that then I

1413
01:06:43,760 --> 01:06:46,880
can examine him on that

1414
01:06:53,000 --> 01:06:56,000
too

1415
01:07:08,520 --> 01:07:11,760
uh the objection is sustained with

1416
01:07:10,480 --> 01:07:14,319
regard if I could be heard on the

1417
01:07:11,760 --> 01:07:16,720
objections before you rule

1418
01:07:14,319 --> 01:07:19,680
themad I don't care about the

1419
01:07:16,720 --> 01:07:22,200
opinion that's not the point of this the

1420
01:07:19,680 --> 01:07:24,960
point is that these are five critical

1421
01:07:22,200 --> 01:07:28,359
area sight plans they hadn't completed

1422
01:07:24,960 --> 01:07:29,839
them and I'm trying to show you how even

1423
01:07:28,359 --> 01:07:32,480
though they had passed the comprehensive

1424
01:07:29,839 --> 01:07:34,240
plan they had not passed the comp the

1425
01:07:32,480 --> 01:07:37,000
critical area amendments that would be

1426
01:07:34,240 --> 01:07:40,039
necessary for that site plan review and

1427
01:07:37,000 --> 01:07:42,240
I'm describing at this point something

1428
01:07:40,039 --> 01:07:45,000
that you can take judicial notice of

1429
01:07:42,240 --> 01:07:48,359
which is your own zoning code which

1430
01:07:45,000 --> 01:07:50,279
describes the overlay zones and how the

1431
01:07:48,359 --> 01:07:53,480
and I'm going to demonstrate how those

1432
01:07:50,279 --> 01:07:56,039
are related to the questions that are

1433
01:07:53,480 --> 01:07:59,480
going to be be posed in a site plan and

1434
01:07:56,039 --> 01:08:01,880
so it's not so much about whether they I

1435
01:07:59,480 --> 01:08:04,160
agree that commission didn't have to

1436
01:08:01,880 --> 01:08:07,520
pass it as part of the comprehensive

1437
01:08:04,160 --> 01:08:10,599
plan but but the fact that they didn't

1438
01:08:07,520 --> 01:08:13,559
and are just now doing it 18 months

1439
01:08:10,599 --> 01:08:16,199
after the

1440
01:08:13,559 --> 01:08:20,199
moratorium means we were still being

1441
01:08:16,199 --> 01:08:22,520
held up from having those things done

1442
01:08:20,199 --> 01:08:25,440
because those are also going to have to

1443
01:08:22,520 --> 01:08:26,960
be implement the those standards are

1444
01:08:25,440 --> 01:08:31,000
going to have to be applied in any site

1445
01:08:26,960 --> 01:08:33,279
plan review so the question is I'm just

1446
01:08:31,000 --> 01:08:36,199
expressing the fact that you've got a

1447
01:08:33,279 --> 01:08:38,319
critical area program that at this point

1448
01:08:36,199 --> 01:08:40,440
they're just starting to get to and I'm

1449
01:08:38,319 --> 01:08:41,080
explaining why that's necessary for site

1450
01:08:40,440 --> 01:08:44,290
plan

1451
01:08:41,080 --> 01:08:44,290
[Music]

1452
01:08:47,159 --> 01:08:52,880
review Mr Bliss I my recollection or

1453
01:08:50,920 --> 01:08:56,679
understanding is that the objection was

1454
01:08:52,880 --> 01:08:59,319
sustained only as to your opinions that

1455
01:08:56,679 --> 01:09:01,679
you expressed that it should be done at

1456
01:08:59,319 --> 01:09:01,679
the same

1457
01:09:01,920 --> 01:09:06,679
time is that the opinion you were

1458
01:09:04,640 --> 01:09:08,319
suggesting that I made because I don't

1459
01:09:06,679 --> 01:09:11,400
know what opinion I offered in that

1460
01:09:08,319 --> 01:09:13,359
context but I I said that most

1461
01:09:11,400 --> 01:09:15,199
municipalities do it at the same time I

1462
01:09:13,359 --> 01:09:18,199
don't know that that's necessarily an

1463
01:09:15,199 --> 01:09:18,960
opinion I think but it's me explaining

1464
01:09:18,199 --> 01:09:22,040
what

1465
01:09:18,960 --> 01:09:24,159
I see in most experiences I think we've

1466
01:09:22,040 --> 01:09:26,400
done enough and I think uh this board

1467
01:09:24,159 --> 01:09:30,199
could probably do with a f minute

1468
01:09:26,400 --> 01:09:30,199
break let's pick this up in

1469
01:09:52,719 --> 01:09:55,719
five

1470
01:14:18,360 --> 01:14:22,040
Mr Blitz can I ask you to try and uh

1471
01:14:21,080 --> 01:14:24,639
speak

1472
01:14:22,040 --> 01:14:28,120
up I I know you're having issues with

1473
01:14:24,639 --> 01:14:30,560
your voice I'm having issues with my

1474
01:14:28,120 --> 01:14:33,400
ears the problem is this broadcast is

1475
01:14:30,560 --> 01:14:33,400
just for them it doesn't

1476
01:14:35,880 --> 01:14:44,280
broadcas yeah all right everybody uh we

1477
01:14:39,360 --> 01:14:46,320
will resume with uh Mr blitz's

1478
01:14:44,280 --> 01:14:48,840
presentation so we were at the stage

1479
01:14:46,320 --> 01:14:51,560
where the commission was beginning to

1480
01:14:48,840 --> 01:14:55,280
address the comprehensive I mean the uh

1481
01:14:51,560 --> 01:14:55,280
chese B critical area program

1482
01:14:55,840 --> 01:15:01,360
um and I was explaining how that's

1483
01:14:59,440 --> 01:15:03,639
integrated into your zoning code so

1484
01:15:01,360 --> 01:15:05,480
you've got overlay zones which are

1485
01:15:03,639 --> 01:15:08,840
intensely developed limited development

1486
01:15:05,480 --> 01:15:11,159
areas and resource conservation areas um

1487
01:15:08,840 --> 01:15:13,520
they're buffers buffer exemption or

1488
01:15:11,159 --> 01:15:15,960
modification zones and habitat

1489
01:15:13,520 --> 01:15:17,560
protection areas uh and a few other

1490
01:15:15,960 --> 01:15:18,400
things that are implemented through that

1491
01:15:17,560 --> 01:15:20,600
zoning

1492
01:15:18,400 --> 01:15:24,320
ordinance um and just like the

1493
01:15:20,600 --> 01:15:27,560
comprehensive plan provides the policy

1494
01:15:24,320 --> 01:15:30,000
um for to support the zoning

1495
01:15:27,560 --> 01:15:32,560
ordinance the local critical area

1496
01:15:30,000 --> 01:15:36,880
program provides a lot of the policy

1497
01:15:32,560 --> 01:15:38,880
guidance to implement the the specific

1498
01:15:36,880 --> 01:15:41,400
provisions of your zoning code that

1499
01:15:38,880 --> 01:15:43,920
apply to the critical

1500
01:15:41,400 --> 01:15:47,000
area so as you can imagine there's a a

1501
01:15:43,920 --> 01:15:50,600
big overlap between

1502
01:15:47,000 --> 01:15:53,159
the base zoning that a commission needs

1503
01:15:50,600 --> 01:15:54,960
to consider as well as the rec

1504
01:15:53,159 --> 01:15:57,199
recommendations it's going to make with

1505
01:15:54,960 --> 01:15:59,600
respect to the changes to the critical

1506
01:15:57,199 --> 01:15:59,600
area

1507
01:16:02,080 --> 01:16:08,320
program in a in essence the the critical

1508
01:16:05,800 --> 01:16:10,800
area of local program is effectively the

1509
01:16:08,320 --> 01:16:12,639
comprehensive plan for those aspects of

1510
01:16:10,800 --> 01:16:14,040
the zoning ordinance that are related to

1511
01:16:12,639 --> 01:16:16,159
the critical

1512
01:16:14,040 --> 01:16:19,639
area

1513
01:16:16,159 --> 01:16:22,000
um and those implementing ordinances

1514
01:16:19,639 --> 01:16:23,800
once incorporated into the town's zoning

1515
01:16:22,000 --> 01:16:27,040
ordinance would then be applied

1516
01:16:23,800 --> 01:16:29,360
to the rod re site plans so while

1517
01:16:27,040 --> 01:16:31,360
technically the Town Council had passed

1518
01:16:29,360 --> 01:16:34,320
the comprehensive plan and it became

1519
01:16:31,360 --> 01:16:37,440
effective on May 11th of

1520
01:16:34,320 --> 01:16:40,480
2022 which was in your previous exhibit

1521
01:16:37,440 --> 01:16:42,239
31 um missing from that were the

1522
01:16:40,480 --> 01:16:45,760
critical area amendments which would be

1523
01:16:42,239 --> 01:16:45,760
relevant to the rod and re site

1524
01:16:45,840 --> 01:16:51,360
plans and so at this point in November

1525
01:16:49,000 --> 01:16:54,000
2022 the Town Council is just being

1526
01:16:51,360 --> 01:16:55,320
advised by the chair of the commission

1527
01:16:54,000 --> 01:16:58,440
that they were going to start taking

1528
01:16:55,320 --> 01:16:58,440
those up over the next few

1529
01:17:01,400 --> 01:17:06,880
months and before we move on to the

1530
01:17:04,199 --> 01:17:09,040
continuation of the implementing

1531
01:17:06,880 --> 01:17:11,320
ordinances I want to go back to exhibit

1532
01:17:09,040 --> 01:17:14,040
39 for a minute to demonstrate a detail

1533
01:17:11,320 --> 01:17:17,120
of the process that's important for the

1534
01:17:14,040 --> 01:17:17,120
board to consider in this

1535
01:17:20,120 --> 01:17:25,000
case not

1536
01:17:22,000 --> 01:17:25,000
advancing

1537
01:17:45,560 --> 01:17:48,400
want me to run through

1538
01:17:52,000 --> 01:17:57,239
them oh yeah okay it's working so let me

1539
01:18:02,199 --> 01:18:08,760
go sure I don't go too far

1540
01:18:04,760 --> 01:18:08,760
here okay so this is where we left

1541
01:18:12,679 --> 01:18:17,639
off so this is on page one and two of

1542
01:18:15,239 --> 01:18:19,600
the minutes of the November 17th hearing

1543
01:18:17,639 --> 01:18:21,600
minutes the Town

1544
01:18:19,600 --> 01:18:23,320
Council which was that first

1545
01:18:21,600 --> 01:18:24,960
implementing ordinance and as you can

1546
01:18:23,320 --> 01:18:26,840
see I provided a letter that was

1547
01:18:24,960 --> 01:18:28,600
addressing the proposed definition of

1548
01:18:26,840 --> 01:18:30,639
the maritime district and the

1549
01:18:28,600 --> 01:18:34,199
elimination of a bullet

1550
01:18:30,639 --> 01:18:37,239
point and I'll offer that as exhibit 41

1551
01:18:34,199 --> 01:18:41,239
which is my letter of November 17

1552
01:18:37,239 --> 01:18:41,239
2022 to the mayor in Town

1553
01:18:51,920 --> 01:18:54,920
Council

1554
01:19:04,480 --> 01:19:09,960
this is the relevant

1555
01:19:06,800 --> 01:19:12,080
portion of that

1556
01:19:09,960 --> 01:19:13,679
letter and it shows that I was reminding

1557
01:19:12,080 --> 01:19:15,719
the Town Council of the consistency

1558
01:19:13,679 --> 01:19:18,440
requirement that I had previously

1559
01:19:15,719 --> 01:19:20,280
described to you between the requirement

1560
01:19:18,440 --> 01:19:23,560
that these zoning ordinances be

1561
01:19:20,280 --> 01:19:25,239
consistent with the comprehensive plan

1562
01:19:23,560 --> 01:19:27,520
and to be implementations of a

1563
01:19:25,239 --> 01:19:30,159
comprehensive plan uh they're supposed

1564
01:19:27,520 --> 01:19:32,600
to be consistent um once it's adopted by

1565
01:19:30,159 --> 01:19:32,600
the Town

1566
01:19:35,239 --> 01:19:39,360
Council on page two of my

1567
01:19:40,560 --> 01:19:47,040
letter I pointed out that the first

1568
01:19:44,199 --> 01:19:49,880
bullet point of the maritime commercial

1569
01:19:47,040 --> 01:19:52,520
MC Zone included four bullet points in

1570
01:19:49,880 --> 01:19:55,080
the comprehensive plan to describe the

1571
01:19:52,520 --> 01:19:56,639
purpose of the zone and two of the five

1572
01:19:55,080 --> 01:20:00,239
projects for which the rod and reel

1573
01:19:56,639 --> 01:20:03,480
filed site plan applications are

1574
01:20:00,239 --> 01:20:05,880
located within that MC

1575
01:20:03,480 --> 01:20:08,199
Zone and the first bullet point of the

1576
01:20:05,880 --> 01:20:09,840
purposes Clause of the comprehensive

1577
01:20:08,199 --> 01:20:12,600
plan was quote

1578
01:20:09,840 --> 01:20:14,639
promoting the diversity of Maritime and

1579
01:20:12,600 --> 01:20:17,080
water related commercial uses and

1580
01:20:14,639 --> 01:20:20,040
intensities that have long defined the

1581
01:20:17,080 --> 01:20:20,040
town's historic

1582
01:20:21,760 --> 01:20:26,800
Waterfront my letter then pointed out

1583
01:20:24,199 --> 01:20:26,800
that ordinance

1584
01:20:27,199 --> 01:20:31,639
01222 that was the subject of the public

1585
01:20:29,560 --> 01:20:34,880
hearing um and the town was then

1586
01:20:31,639 --> 01:20:38,360
considering for passage

1587
01:20:34,880 --> 01:20:41,159
um had that first bullet point removed

1588
01:20:38,360 --> 01:20:43,639
from the purposes section of that

1589
01:20:41,159 --> 01:20:45,239
zone my letter relayed the fact that the

1590
01:20:43,639 --> 01:20:48,840
Planning and Zoning commission took a

1591
01:20:45,239 --> 01:20:51,280
vote to remove that bullet point not

1592
01:20:48,840 --> 01:20:53,400
withstanding that very same bullet point

1593
01:20:51,280 --> 01:20:56,080
was one of the four

1594
01:20:53,400 --> 01:20:57,960
describing the purposes of the MC Zone

1595
01:20:56,080 --> 01:21:01,280
and that was part of the comprehensive

1596
01:20:57,960 --> 01:21:04,040
plan now the reason this is important is

1597
01:21:01,280 --> 01:21:05,840
that the commission was yet

1598
01:21:04,040 --> 01:21:08,159
again

1599
01:21:05,840 --> 01:21:10,560
targeting the effect of what they were

1600
01:21:08,159 --> 01:21:12,960
doing at the rod and re site plan

1601
01:21:10,560 --> 01:21:16,440
applications by removing an important

1602
01:21:12,960 --> 01:21:18,280
bullet point to describe the Zone

1603
01:21:16,440 --> 01:21:20,600
despite it being an explicit

1604
01:21:18,280 --> 01:21:23,159
contradiction to their own recommended

1605
01:21:20,600 --> 01:21:24,719
comprehensive plan the OB point because

1606
01:21:23,159 --> 01:21:26,199
staying in his opinion as to what the

1607
01:21:24,719 --> 01:21:28,199
board may or may not have been thinking

1608
01:21:26,199 --> 01:21:30,120
or what may may have been doing he wants

1609
01:21:28,199 --> 01:21:32,560
to qualifies himself as an expert on

1610
01:21:30,120 --> 01:21:34,120
that that's fine but he hasn't he's just

1611
01:21:32,560 --> 01:21:36,679
stting an opinion as to what he thinks

1612
01:21:34,120 --> 01:21:38,320
the Planning Commission was thinking and

1613
01:21:36,679 --> 01:21:39,760
obviously he's not qualified to do that

1614
01:21:38,320 --> 01:21:41,760
that's not the kind of opinion you can

1615
01:21:39,760 --> 01:21:43,880
object to you don't need an expert for

1616
01:21:41,760 --> 01:21:46,800
that I'm asking the board to join me in

1617
01:21:43,880 --> 01:21:49,920
an join me in an inference and that I

1618
01:21:46,800 --> 01:21:55,400
can do all day long as long as the board

1619
01:21:49,920 --> 01:21:59,440
wants to hear it um so my point is

1620
01:21:55,400 --> 01:21:59,440
that there was an explicit

1621
01:22:00,560 --> 01:22:03,560
contradiction

1622
01:22:04,239 --> 01:22:09,840
and I'll I'll also make the point that

1623
01:22:08,440 --> 01:22:12,960
the MC

1624
01:22:09,840 --> 01:22:15,320
Zone which you're going to see when I

1625
01:22:12,960 --> 01:22:17,520
submit the next

1626
01:22:15,320 --> 01:22:20,840
exhibit basically is just the rod and

1627
01:22:17,520 --> 01:22:23,159
real properties there's one other

1628
01:22:20,840 --> 01:22:24,800
property but it's it's most just the rod

1629
01:22:23,159 --> 01:22:27,040
and re

1630
01:22:24,800 --> 01:22:29,800
properties so that's what I

1631
01:22:27,040 --> 01:22:32,199
mean by what the inference that you can

1632
01:22:29,800 --> 01:22:34,679
draw you don't have to draw it I'm not

1633
01:22:32,199 --> 01:22:36,480
ask demanding you draw it I'm saying

1634
01:22:34,679 --> 01:22:37,800
that it's a it's an inference that you

1635
01:22:36,480 --> 01:22:41,199
could

1636
01:22:37,800 --> 01:22:44,159
make they were removing a bullet point

1637
01:22:41,199 --> 01:22:47,800
because it described the nature of that

1638
01:22:44,159 --> 01:22:50,000
zone as the historic intensities which

1639
01:22:47,800 --> 01:22:51,560
is pretty much the rod and reel

1640
01:22:50,000 --> 01:22:54,120
properties

1641
01:22:51,560 --> 01:22:57,840
and that it was a contradiction to the

1642
01:22:54,120 --> 01:23:01,040
comprehensive plan that had just been

1643
01:22:57,840 --> 01:23:04,239
passed um the the objection is um

1644
01:23:01,040 --> 01:23:04,239
overruled for the moment please

1645
01:23:14,960 --> 01:23:19,840
continue

1646
01:23:17,080 --> 01:23:22,719
so this is just the last paragraph I

1647
01:23:19,840 --> 01:23:28,000
believe of that letter where you can see

1648
01:23:22,719 --> 01:23:30,719
that I'm asking that that bullet point

1649
01:23:28,000 --> 01:23:33,040
be added back into the implementing

1650
01:23:30,719 --> 01:23:36,679
ordinance by an amendment like Town

1651
01:23:33,040 --> 01:23:38,080
Council and now I'll offer exhibit 42

1652
01:23:36,679 --> 01:23:39,679
which is a combination of three

1653
01:23:38,080 --> 01:23:42,440
documents all demonstrating the points

1654
01:23:39,679 --> 01:23:45,280
that I've raised here page one is the

1655
01:23:42,440 --> 01:23:49,040
relevant page 67 of the comprehensive

1656
01:23:45,280 --> 01:23:51,040
plan that was passed on April of 22

1657
01:23:49,040 --> 01:23:53,400
showing the Four bullet

1658
01:23:51,040 --> 01:23:56,480
points that Define the purposes of the

1659
01:23:53,400 --> 01:23:59,239
MC Zone page two is the proposed land

1660
01:23:56,480 --> 01:24:01,480
use map on page 58 of the comprehensive

1661
01:23:59,239 --> 01:24:05,320
plan which shows the limits of the MC

1662
01:24:01,480 --> 01:24:08,480
Zone and then there is the March 23 2021

1663
01:24:05,320 --> 01:24:08,480
minutes which

1664
01:24:08,920 --> 01:24:13,920
show the vote to take out that

1665
01:24:21,360 --> 01:24:24,360
buet

1666
01:24:37,320 --> 01:24:46,159
so this is from page three of the March

1667
01:24:40,560 --> 01:24:48,360
23 21 2021 minutes of the commission and

1668
01:24:46,159 --> 01:24:49,760
there was an explicit motion made before

1669
01:24:48,360 --> 01:24:54,360
the commission to remove the first

1670
01:24:49,760 --> 01:24:54,360
bullet point that motion passed

1671
01:25:15,880 --> 01:25:24,280
next I'm handing out to the

1672
01:25:19,840 --> 01:25:24,280
board section 290

1673
01:25:51,280 --> 01:25:54,280
f

1674
01:26:00,890 --> 01:26:04,989
[Music]

1675
01:26:13,320 --> 01:26:16,840
so in subsection

1676
01:26:18,199 --> 01:26:22,679
L on page two you can see that Town

1677
01:26:21,239 --> 01:26:25,080
Council did not amend the zoning

1678
01:26:22,679 --> 01:26:28,239
ordinance to to add that bullet point

1679
01:26:25,080 --> 01:26:32,159
back in uh so now the current Zoning for

1680
01:26:28,239 --> 01:26:33,400
the ches be Beach is that as I described

1681
01:26:32,159 --> 01:26:36,639
in the purposes of the maritime

1682
01:26:33,400 --> 01:26:39,960
commercial district is now inconsistent

1683
01:26:36,639 --> 01:26:39,960
with the comprehensive

1684
01:26:44,520 --> 01:26:48,520
plan I think you can draw the

1685
01:26:51,199 --> 01:26:54,840
inference sustain

1686
01:26:55,560 --> 01:27:01,440
continue I'm you're oh sorry

1687
01:26:59,000 --> 01:27:04,840
um I assume the can you say the reason

1688
01:27:01,440 --> 01:27:07,679
for the objection I mean again uh you

1689
01:27:04,840 --> 01:27:09,880
know during during his if this is truly

1690
01:27:07,679 --> 01:27:11,520
testimony that he's giving you know

1691
01:27:09,880 --> 01:27:13,600
asking you to draw you know whatever

1692
01:27:11,520 --> 01:27:14,920
inference you can draw is up to you

1693
01:27:13,600 --> 01:27:16,560
that's up to decision with regard to

1694
01:27:14,920 --> 01:27:18,719
making it if he wants to make some type

1695
01:27:16,560 --> 01:27:21,280
of argument at closing or whatever he

1696
01:27:18,719 --> 01:27:23,880
can make suggestions but right now he's

1697
01:27:21,280 --> 01:27:25,719
telling you without being an expert or

1698
01:27:23,880 --> 01:27:28,199
anything like that the inference he

1699
01:27:25,719 --> 01:27:30,520
thinks you should be making uh with

1700
01:27:28,199 --> 01:27:33,239
regard to something that in essence the

1701
01:27:30,520 --> 01:27:35,960
Planning Commission did or didn't do or

1702
01:27:33,239 --> 01:27:37,159
whether they were fair or unfair to the

1703
01:27:35,960 --> 01:27:41,760
you know rod and reel or the

1704
01:27:37,159 --> 01:27:44,239
applications or somehow you know again

1705
01:27:41,760 --> 01:27:45,920
you know asking you to put yourself in

1706
01:27:44,239 --> 01:27:48,800
this in the shoes of the Planning

1707
01:27:45,920 --> 01:27:50,560
Commission that indeed they after all of

1708
01:27:48,800 --> 01:27:52,400
the mass number of hearings that they

1709
01:27:50,560 --> 01:27:56,239
had they could make decisions on their

1710
01:27:52,400 --> 01:27:59,159
own so the idea that he's at asking you

1711
01:27:56,239 --> 01:28:01,840
directing you to draw that inference is

1712
01:27:59,159 --> 01:28:03,760
is very much improper the objection with

1713
01:28:01,840 --> 01:28:05,639
regard to the language directing the

1714
01:28:03,760 --> 01:28:07,119
board to draw an inference is sustained

1715
01:28:05,639 --> 01:28:09,239
please continue content of your

1716
01:28:07,119 --> 01:28:10,960
presentation I could just be heard just

1717
01:28:09,239 --> 01:28:14,600
for the

1718
01:28:10,960 --> 01:28:16,440
record I this is not a trial where you

1719
01:28:14,600 --> 01:28:18,040
put on evidence and then make legal

1720
01:28:16,440 --> 01:28:20,360
arguments I'm putting on the

1721
01:28:18,040 --> 01:28:22,679
presentation of an appeal case that has

1722
01:28:20,360 --> 01:28:25,400
a lot of legal

1723
01:28:22,679 --> 01:28:27,639
issues that you need to to

1724
01:28:25,400 --> 01:28:29,639
resolve I'm pointing out the areas of

1725
01:28:27,639 --> 01:28:32,880
the law I'm pointing out the areas of

1726
01:28:29,639 --> 01:28:34,960
the ordinance that is relevant as a fact

1727
01:28:32,880 --> 01:28:37,080
and I'm asking you to draw inferences

1728
01:28:34,960 --> 01:28:40,800
based upon that because that's our case

1729
01:28:37,080 --> 01:28:42,679
is in part you making judgments about

1730
01:28:40,800 --> 01:28:43,920
whether the actions of the Planning and

1731
01:28:42,679 --> 01:28:47,440
Zoning commission and the zoning

1732
01:28:43,920 --> 01:28:49,600
administrator were arbitrary comous and

1733
01:28:47,440 --> 01:28:50,719
violated the town's zoning law as well

1734
01:28:49,600 --> 01:28:54,520
as Maryland

1735
01:28:50,719 --> 01:28:56,840
law I can ask you during the

1736
01:28:54,520 --> 01:28:58,280
presentation direct you to the inference

1737
01:28:56,840 --> 01:29:01,840
that I'm asking you to make doesn't mean

1738
01:28:58,280 --> 01:29:03,920
you have to make it you don't but I get

1739
01:29:01,840 --> 01:29:05,719
to make those arguments I'm making all

1740
01:29:03,920 --> 01:29:07,880
kinds of legal arguments during the

1741
01:29:05,719 --> 01:29:10,239
context of this presentation this is an

1742
01:29:07,880 --> 01:29:11,199
administrative proceeding that's the way

1743
01:29:10,239 --> 01:29:15,239
they

1744
01:29:11,199 --> 01:29:17,239
go this is a an appeal alleging error I

1745
01:29:15,239 --> 01:29:20,480
get to I get to make the points about

1746
01:29:17,239 --> 01:29:22,880
what I believe was the basis for the

1747
01:29:20,480 --> 01:29:24,560
error so when I ask you to draw an

1748
01:29:22,880 --> 01:29:27,119
inference I'm really just saying follow

1749
01:29:24,560 --> 01:29:27,119
along my

1750
01:29:28,360 --> 01:29:33,119
argument if you'd rather me St say say

1751
01:29:31,119 --> 01:29:37,520
that phrase that way follow me along in

1752
01:29:33,119 --> 01:29:37,520
my argument it sounds kind of clunky

1753
01:29:50,920 --> 01:29:53,920
but

1754
01:30:02,520 --> 01:30:06,080
uh the objection is still sustained

1755
01:30:03,840 --> 01:30:06,080
please

1756
01:30:20,840 --> 01:30:25,639
continue so the the commission and the

1757
01:30:23,760 --> 01:30:27,960
Town Council have continued to recommend

1758
01:30:25,639 --> 01:30:27,960
and

1759
01:30:28,080 --> 01:30:32,639
introduce and pass implementing

1760
01:30:30,800 --> 01:30:35,400
ordinances even into

1761
01:30:32,639 --> 01:30:37,520
2023 in March the Town Council took the

1762
01:30:35,400 --> 01:30:39,880
interesting steps of passing resolution

1763
01:30:37,520 --> 01:30:39,880
R

1764
01:30:41,119 --> 01:30:45,400
23-2 I'm going to offer the public

1765
01:30:43,840 --> 01:30:50,639
hearing minutes and minutes of the Town

1766
01:30:45,400 --> 01:30:50,639
Council of March 16 2023 is exhibit

1767
01:30:50,840 --> 01:30:53,840
43

1768
01:31:05,639 --> 01:31:09,159
Mr Blitz I

1769
01:31:07,000 --> 01:31:12,239
apologize

1770
01:31:09,159 --> 01:31:15,639
uh that was number

1771
01:31:12,239 --> 01:31:17,080
43 minutes of the Town Council it well

1772
01:31:15,639 --> 01:31:20,760
it's the public hearing minutes and the

1773
01:31:17,080 --> 01:31:22,560
minutes of the Town Council of March 16

1774
01:31:20,760 --> 01:31:25,560
2023

1775
01:31:22,560 --> 01:31:28,920
2023

1776
01:31:25,560 --> 01:31:31,239
yes as you can see on page eight a

1777
01:31:28,920 --> 01:31:33,239
motion was introduced at the same

1778
01:31:31,239 --> 01:31:35,760
meeting at which it was considered and

1779
01:31:33,239 --> 01:31:37,520
passed and therefore did not follow the

1780
01:31:35,760 --> 01:31:40,520
requirements for legislative enactment

1781
01:31:37,520 --> 01:31:42,840
set forth in the charter and Maryland

1782
01:31:40,520 --> 01:31:47,000
law that was resolution

1783
01:31:42,840 --> 01:31:47,000
r232 reporting to lift the

1784
01:31:49,840 --> 01:31:55,360
moratorium as you can see by looking at

1785
01:31:52,119 --> 01:31:55,360
the first two pages of this

1786
01:31:56,360 --> 01:32:01,960
exhibit which are the public hearing

1787
01:31:59,119 --> 01:32:04,360
minutes there's no record of a public

1788
01:32:01,960 --> 01:32:07,000
hearing on this

1789
01:32:04,360 --> 01:32:09,239
resolution and as we previously reviewed

1790
01:32:07,000 --> 01:32:11,920
with respect to the original resolution

1791
01:32:09,239 --> 01:32:14,560
r213 and

1792
01:32:11,920 --> 01:32:16,880
r218 they did not attempt at all to

1793
01:32:14,560 --> 01:32:18,080
follow the requirements for changing the

1794
01:32:16,880 --> 01:32:19,920
effect and

1795
01:32:18,080 --> 01:32:22,600
applicability of a provision that

1796
01:32:19,920 --> 01:32:24,920
changes the effect for applicability of

1797
01:32:22,600 --> 01:32:26,920
a zoning code

1798
01:32:24,920 --> 01:32:29,159
provision on this one they didn't even

1799
01:32:26,920 --> 01:32:31,840
hold a public hearing on the topic and

1800
01:32:29,159 --> 01:32:35,639
so so did not even allow public comment

1801
01:32:31,840 --> 01:32:35,639
on it before its

1802
01:32:35,800 --> 01:32:44,400
consideration I'll next submit exhibit

1803
01:32:38,440 --> 01:32:44,400
44 which is the resolution itself r

1804
01:32:50,639 --> 01:32:53,639
23-2

1805
01:33:05,320 --> 01:33:08,840
so this is a copy of the resolution

1806
01:33:09,199 --> 01:33:13,520
r232 first the board should note that in

1807
01:33:12,080 --> 01:33:15,520
the second where as Clause the

1808
01:33:13,520 --> 01:33:17,040
resolution improperly recites what the

1809
01:33:15,520 --> 01:33:19,280
condition for ending the moratorium was

1810
01:33:17,040 --> 01:33:21,679
to be as it only references the

1811
01:33:19,280 --> 01:33:24,119
completion of the comprehensive plan

1812
01:33:21,679 --> 01:33:26,000
remember the moratorium was to allow the

1813
01:33:24,119 --> 01:33:28,639
completion of the comprehensive plan and

1814
01:33:26,000 --> 01:33:28,639
the implementing

1815
01:33:28,760 --> 01:33:33,119
ordinances there was apparently some

1816
01:33:30,960 --> 01:33:35,040
discussion of the need for implementing

1817
01:33:33,119 --> 01:33:38,600
ordinances at the Town council's work

1818
01:33:35,040 --> 01:33:42,400
session the week before on March 7th

1819
01:33:38,600 --> 01:33:43,719
2023 and I'll submit is exhibit 45 the

1820
01:33:42,400 --> 01:33:48,760
minutes of the Town Council

1821
01:33:43,719 --> 01:33:48,760
informational work session of March 7th

1822
01:33:50,560 --> 01:33:53,560
2023

1823
01:34:10,199 --> 01:34:14,080
as you can see on page one of those

1824
01:34:12,159 --> 01:34:17,199
minutes the coming moratorium resolution

1825
01:34:14,080 --> 01:34:20,000
r232 was discussed and at the end of

1826
01:34:17,199 --> 01:34:21,239
that paragraph the minutes showed that

1827
01:34:20,000 --> 01:34:23,159
there was a discussion of whether the

1828
01:34:21,239 --> 01:34:25,560
zone text amendments and cleanup

1829
01:34:23,159 --> 01:34:27,440
amendments would be implemented in time

1830
01:34:25,560 --> 01:34:29,719
for the resolution's

1831
01:34:27,440 --> 01:34:31,800
approval so at least the ideas of the

1832
01:34:29,719 --> 01:34:33,920
implementing ordinances being necessary

1833
01:34:31,800 --> 01:34:37,960
was subject to

1834
01:34:33,920 --> 01:34:37,960
discussion but back to the resolution

1835
01:34:38,679 --> 01:34:43,679
itself the resolution makes no mention

1836
01:34:41,480 --> 01:34:45,440
of any consent or resolution of the

1837
01:34:43,679 --> 01:34:46,639
Planning and Zoning commission to

1838
01:34:45,440 --> 01:34:50,080
terminate the

1839
01:34:46,639 --> 01:34:52,239
moratorium which was as you will

1840
01:34:50,080 --> 01:34:55,440
recall was what the town attorney was

1841
01:34:52,239 --> 01:34:59,040
saying in his May 25th 2021 letter was

1842
01:34:55,440 --> 01:34:59,040
necessary for the moratorium to be

1843
01:34:59,199 --> 01:35:02,920
terminated this is because there was no

1844
01:35:01,440 --> 01:35:05,520
consideration by the Planning and Zoning

1845
01:35:02,920 --> 01:35:07,440
Commission of a termination of the

1846
01:35:05,520 --> 01:35:09,119
moratorium the commission never

1847
01:35:07,440 --> 01:35:11,400
considered it as far as their minutes

1848
01:35:09,119 --> 01:35:13,960
disclose they certainly held no public

1849
01:35:11,400 --> 01:35:16,280
hearings about ending the moratorium nor

1850
01:35:13,960 --> 01:35:17,880
do I find any evidence that they passed

1851
01:35:16,280 --> 01:35:22,440
any resolution recommending or

1852
01:35:17,880 --> 01:35:24,000
authorizing it I'll submit exhibit 46

1853
01:35:22,440 --> 01:35:26,280
which is a minutes package for the

1854
01:35:24,000 --> 01:35:29,440
Planning and Zoning commission for the

1855
01:35:26,280 --> 01:35:33,360
meetings of January 25th 2023 February

1856
01:35:29,440 --> 01:35:36,080
22nd 2023 and March of

1857
01:35:33,360 --> 01:35:38,159
2023 which were the three months prior

1858
01:35:36,080 --> 01:35:41,280
to this resolution being considered by

1859
01:35:38,159 --> 01:35:43,400
the Town Council merely to demonstrate

1860
01:35:41,280 --> 01:35:45,880
that in no time did the Planning and

1861
01:35:43,400 --> 01:35:47,760
Zoning commission hold a hearing make a

1862
01:35:45,880 --> 01:35:49,840
motion or consider the termination of

1863
01:35:47,760 --> 01:35:49,840
the

1864
01:35:50,400 --> 01:35:54,360
moratorium and that's exhibit

1865
01:35:55,760 --> 01:36:01,159
46 of course I'm to object on that

1866
01:35:58,360 --> 01:36:02,600
because you know again we're dealing

1867
01:36:01,159 --> 01:36:06,199
with the half

1868
01:36:02,600 --> 01:36:09,880
truths um and he just said that the

1869
01:36:06,199 --> 01:36:12,639
Planning Commission didn't uh uh uh

1870
01:36:09,880 --> 01:36:14,639
consent to the uh termination of the

1871
01:36:12,639 --> 01:36:16,679
moratorium Planning Commission doesn't

1872
01:36:14,639 --> 01:36:18,400
have that Authority Town Council has

1873
01:36:16,679 --> 01:36:20,800
that Authority the Town Council adopted

1874
01:36:18,400 --> 01:36:22,600
the moratory not the Planning Commission

1875
01:36:20,800 --> 01:36:24,520
so we' you know we' spent the last 10

1876
01:36:22,600 --> 01:36:26,159
minutes talking about what the whe what

1877
01:36:24,520 --> 01:36:28,600
the Planning Commission did or did not

1878
01:36:26,159 --> 01:36:30,960
do with regard to the moratorium the

1879
01:36:28,600 --> 01:36:33,920
Town Council did that not the not the

1880
01:36:30,960 --> 01:36:36,320
Planning Commission so you know it's

1881
01:36:33,920 --> 01:36:38,040
it's you know and again we're dealing

1882
01:36:36,320 --> 01:36:39,600
with these these half truths that are

1883
01:36:38,040 --> 01:36:41,159
being you know asserted and then he

1884
01:36:39,600 --> 01:36:42,840
comes back and you know makes the

1885
01:36:41,159 --> 01:36:45,600
statement oh the Planning Commission

1886
01:36:42,840 --> 01:36:47,920
didn't consent to the uh lifting of the

1887
01:36:45,600 --> 01:36:49,520
moratorium it's not their resolution nor

1888
01:36:47,920 --> 01:36:52,199
they have the authority nor do they have

1889
01:36:49,520 --> 01:36:55,520
anything to do with it so

1890
01:36:52,199 --> 01:36:57,520
um just want to make that comment Mr Mr

1891
01:36:55,520 --> 01:37:00,960
chair if I could he be heard I'm going

1892
01:36:57,520 --> 01:37:04,679
to object at this point to the use of

1893
01:37:00,960 --> 01:37:06,440
objections for argument because I sub my

1894
01:37:04,679 --> 01:37:10,080
objection is a motion to strike his

1895
01:37:06,440 --> 01:37:10,080
entire testimony for the last 15

1896
01:37:10,679 --> 01:37:15,679
minutes you made a motion an objection

1897
01:37:13,320 --> 01:37:18,239
to an exhibit I offered which is three

1898
01:37:15,679 --> 01:37:20,800
minutes of a Planning and Zoning

1899
01:37:18,239 --> 01:37:22,600
Commission on three different dates all

1900
01:37:20,800 --> 01:37:25,080
government documents or the official

1901
01:37:22,600 --> 01:37:27,199
record of that committee offered to

1902
01:37:25,080 --> 01:37:29,960
demonstrate that they didn't consider

1903
01:37:27,199 --> 01:37:31,800
something it's relevant because your

1904
01:37:29,960 --> 01:37:33,600
letter said that the town that the

1905
01:37:31,800 --> 01:37:35,520
Planning and Zoning commission had to

1906
01:37:33,600 --> 01:37:38,679
participate in that

1907
01:37:35,520 --> 01:37:41,480
decision that's already an Evidence and

1908
01:37:38,679 --> 01:37:44,000
so therefore let me finish

1909
01:37:41,480 --> 01:37:47,920
therefore I don't see how you can object

1910
01:37:44,000 --> 01:37:50,400
to the admission of the minutes of a

1911
01:37:47,920 --> 01:37:51,960
commission to prove that they didn't do

1912
01:37:50,400 --> 01:37:54,840
something

1913
01:37:51,960 --> 01:37:57,119
but what's happening here is that Mr

1914
01:37:54,840 --> 01:37:59,159
pounds is using objections when I

1915
01:37:57,119 --> 01:38:00,800
introduce minutes to make

1916
01:37:59,159 --> 01:38:02,440
counterarguments in the middle of my

1917
01:38:00,800 --> 01:38:06,159
case and this is a lot like the first

1918
01:38:02,440 --> 01:38:11,040
hearing where half the time we're being

1919
01:38:06,159 --> 01:38:13,560
distracted by what I view is argument

1920
01:38:11,040 --> 01:38:15,760
well then first of all we can't go down

1921
01:38:13,560 --> 01:38:18,199
the road of half truths and number two

1922
01:38:15,760 --> 01:38:22,440
is you know that the fact that I think

1923
01:38:18,199 --> 01:38:25,599
we all passed government 101

1924
01:38:22,440 --> 01:38:27,719
uh and that you know we all know that it

1925
01:38:25,599 --> 01:38:30,480
is indeed the legislative body that

1926
01:38:27,719 --> 01:38:32,599
makes legislative decisions I mean now

1927
01:38:30,480 --> 01:38:34,239
now the fact that Mr Blitz is coming

1928
01:38:32,599 --> 01:38:35,560
back and saying oh well the Planning

1929
01:38:34,239 --> 01:38:37,560
Commission which is an administrative

1930
01:38:35,560 --> 01:38:39,840
agency making certain decisions on

1931
01:38:37,560 --> 01:38:41,840
behalf of the Town Council they can't

1932
01:38:39,840 --> 01:38:45,400
they don't have the authority we all

1933
01:38:41,840 --> 01:38:48,520
know it okay so

1934
01:38:45,400 --> 01:38:50,199
again with regard to the half TRS or

1935
01:38:48,520 --> 01:38:53,639
spend just want to make sure that indeed

1936
01:38:50,199 --> 01:38:58,800
that's being recognized oh um we're g

1937
01:38:53,639 --> 01:39:02,560
to okay um I

1938
01:38:58,800 --> 01:39:04,960
um I understand the that okay so

1939
01:39:02,560 --> 01:39:06,719
objections from now on and should have

1940
01:39:04,960 --> 01:39:08,840
been the whole time will be given to

1941
01:39:06,719 --> 01:39:12,480
prevent testimony or evidence from

1942
01:39:08,840 --> 01:39:15,520
entering into the record not to correct

1943
01:39:12,480 --> 01:39:18,599
things that have been said or said in

1944
01:39:15,520 --> 01:39:21,119
meeting minutes um it is only to keep it

1945
01:39:18,599 --> 01:39:22,679
in or out of the record so please use a

1946
01:39:21,119 --> 01:39:28,920
objections for that

1947
01:39:22,679 --> 01:39:33,119
purpose um so um Mr Blitz your objection

1948
01:39:28,920 --> 01:39:34,440
is sustained and um Mr pounds your

1949
01:39:33,119 --> 01:39:38,800
objection is

1950
01:39:34,440 --> 01:39:38,800
overruled please continue with the

1951
01:39:42,040 --> 01:39:46,320
presentation

1952
01:39:44,159 --> 01:39:49,880
so I submitted

1953
01:39:46,320 --> 01:39:51,599
those exhibits to demonstrate that not

1954
01:39:49,880 --> 01:39:52,920
once in any of those minutes is there a

1955
01:39:51,599 --> 01:39:53,960
reference to any discussion for

1956
01:39:52,920 --> 01:39:56,440
terminating the

1957
01:39:53,960 --> 01:39:59,080
moratorium much less a public

1958
01:39:56,440 --> 01:40:02,000
hearing remember I in the first hearing

1959
01:39:59,080 --> 01:40:03,480
I cited the law where you have the

1960
01:40:02,000 --> 01:40:05,320
Planning and Zoning commission giving

1961
01:40:03,480 --> 01:40:07,719
recommendations about anything that

1962
01:40:05,320 --> 01:40:10,119
changes powers under the zoning

1963
01:40:07,719 --> 01:40:12,560
ordinance they did that for the original

1964
01:40:10,119 --> 01:40:17,679
resolution I'm pointing out that they

1965
01:40:12,560 --> 01:40:17,679
didn't do it for the termination of that

1966
01:40:19,960 --> 01:40:22,960
moratorium

1967
01:40:23,679 --> 01:40:30,320
going to submit exhibit

1968
01:40:27,000 --> 01:40:32,760
47 which is the report of the chair of

1969
01:40:30,320 --> 01:40:35,000
the Planning and Zoning commission to

1970
01:40:32,760 --> 01:40:36,599
the mayor and Town Council dated March

1971
01:40:35,000 --> 01:40:39,280
16

1972
01:40:36,599 --> 01:40:43,480
2023 two days before the town council's

1973
01:40:39,280 --> 01:40:43,480
meeting where it passed the resolution

1974
01:40:49,920 --> 01:40:52,920
r232

1975
01:41:03,639 --> 01:41:07,840
this report let me do the

1976
01:41:09,719 --> 01:41:14,159
slide this report from the

1977
01:41:12,199 --> 01:41:16,880
commission the chair of the commission

1978
01:41:14,159 --> 01:41:18,639
to the mayor in Town Council also didn't

1979
01:41:16,880 --> 01:41:21,159
mention the resolution or any

1980
01:41:18,639 --> 01:41:22,320
recommendation of the commission in

1981
01:41:21,159 --> 01:41:24,199
terminating the

1982
01:41:22,320 --> 01:41:26,119
moratorium but it did note that they

1983
01:41:24,199 --> 01:41:28,440
were working on more implementing

1984
01:41:26,119 --> 01:41:30,080
ordinances this time it was about the

1985
01:41:28,440 --> 01:41:32,760
compatibility standards as you can see

1986
01:41:30,080 --> 01:41:36,320
at the bottom there

1987
01:41:32,760 --> 01:41:38,320
um and I think my argument would be if

1988
01:41:36,320 --> 01:41:40,480
if the commission had considered it

1989
01:41:38,320 --> 01:41:41,800
would have been included in that report

1990
01:41:40,480 --> 01:41:43,960
certainly would have been included in

1991
01:41:41,800 --> 01:41:43,960
those

1992
01:41:48,560 --> 01:41:53,920
minutes and it's also interesting that

1993
01:41:50,639 --> 01:41:55,239
in the the second paragraph you can see

1994
01:41:53,920 --> 01:41:56,440
that the chair notes that the commission

1995
01:41:55,239 --> 01:41:58,320
was beginning the discussion of the

1996
01:41:56,440 --> 01:42:00,719
critical area comprehensive

1997
01:41:58,320 --> 01:42:03,239
review and she notes that that was due

1998
01:42:00,719 --> 01:42:03,239
every six

1999
01:42:05,320 --> 01:42:10,239
years so the moratorium That was

2000
01:42:07,760 --> 01:42:12,360
supposed to have lasted nine months then

2001
01:42:10,239 --> 01:42:15,280
was extended for an additional three

2002
01:42:12,360 --> 01:42:17,719
months was some two years later being

2003
01:42:15,280 --> 01:42:19,760
quietly terminated by a simple

2004
01:42:17,719 --> 01:42:22,320
resolution without any public press

2005
01:42:19,760 --> 01:42:24,599
releases without any public hearing or

2006
01:42:22,320 --> 01:42:27,199
input without a commission

2007
01:42:24,599 --> 01:42:30,760
recommendation hearing or

2008
01:42:27,199 --> 01:42:32,480
resolution at some point you have to ask

2009
01:42:30,760 --> 01:42:34,960
how do how long does a property owner

2010
01:42:32,480 --> 01:42:37,719
have to wait to have their site plans

2011
01:42:34,960 --> 01:42:40,239
reviewed was this process

2012
01:42:37,719 --> 01:42:41,800
fair is this how you expect the zoning

2013
01:42:40,239 --> 01:42:44,760
laws in your town to be applied to

2014
01:42:41,800 --> 01:42:44,760
Citizens and Property

2015
01:42:45,719 --> 01:42:51,440
Owners while nominally lifting the

2016
01:42:49,760 --> 01:42:52,560
moratorium

2017
01:42:51,440 --> 01:42:54,040
the zoning administrator and the

2018
01:42:52,560 --> 01:42:57,040
Planning and Zoning commission have

2019
01:42:54,040 --> 01:43:00,280
still not taken any action on the site

2020
01:42:57,040 --> 01:43:01,280
plans so that was in March of this year

2021
01:43:00,280 --> 01:43:03,000
they still haven't done anything with

2022
01:43:01,280 --> 01:43:05,360
the site

2023
01:43:03,000 --> 01:43:06,840
plans the Roden reel has received no

2024
01:43:05,360 --> 01:43:08,920
Communications from either of them

2025
01:43:06,840 --> 01:43:11,520
suggesting the start of that review or

2026
01:43:08,920 --> 01:43:14,000
scheduling of any hearings as is

2027
01:43:11,520 --> 01:43:16,159
required under their zoning

2028
01:43:14,000 --> 01:43:19,159
ordinance these applications were on

2029
01:43:16,159 --> 01:43:22,040
file in January of

2030
01:43:19,159 --> 01:43:23,199
2021 the more orium recognized that they

2031
01:43:22,040 --> 01:43:26,000
were on

2032
01:43:23,199 --> 01:43:27,679
file as these applications were recited

2033
01:43:26,000 --> 01:43:30,840
in the commission's resolution and the

2034
01:43:27,679 --> 01:43:30,840
Town Council resolution

2035
01:43:30,920 --> 01:43:35,280
r213 as being the very purpose of the

2036
01:43:38,360 --> 01:43:42,320
moratorium yet both the zoning

2037
01:43:40,320 --> 01:43:45,119
administrator and the commission

2038
01:43:42,320 --> 01:43:49,239
continued even up to this date to act as

2039
01:43:45,119 --> 01:43:49,239
if they don't exist and were never

2040
01:43:49,679 --> 01:43:52,679
filed

2041
01:43:53,000 --> 01:43:56,639
the commission continued to

2042
01:43:54,719 --> 01:43:58,440
recommend additional implementing

2043
01:43:56,639 --> 01:44:00,560
ordinances which would still be

2044
01:43:58,440 --> 01:44:03,000
necessary for Rod re site plan

2045
01:44:00,560 --> 01:44:03,000
application

2046
01:44:03,560 --> 01:44:08,800
review I'll submit exhibit 48 which are

2047
01:44:06,480 --> 01:44:13,080
the minutes of the July 20th 23 Town

2048
01:44:08,800 --> 01:44:13,080
Council public hearing and meeting

2049
01:44:19,599 --> 01:44:22,599
minutes

2050
01:44:32,080 --> 01:44:36,239
as you can see on page one of the

2051
01:44:34,679 --> 01:44:38,040
hearing minutes the Town Council was

2052
01:44:36,239 --> 01:44:41,920
taking up ordinances

2053
01:44:38,040 --> 01:44:43,719
02316 17 and 18 which are amending the

2054
01:44:41,920 --> 01:44:46,800
zoning ordinance to implement the design

2055
01:44:43,719 --> 01:44:49,040
standards for tow houses a new standard

2056
01:44:46,800 --> 01:44:51,360
of compatibility and up toate and an

2057
01:44:49,040 --> 01:44:52,159
update to the urban for Forest sections

2058
01:44:51,360 --> 01:44:55,400
of the

2059
01:44:52,159 --> 01:44:57,400
code all three of these flow from

2060
01:44:55,400 --> 01:45:01,400
recommendations that you can read in the

2061
01:44:57,400 --> 01:45:03,560
April 2022 comprehensive plan the design

2062
01:45:01,400 --> 01:45:05,719
standards for tow houses which would

2063
01:45:03,560 --> 01:45:08,239
have which would impact the Roden reel's

2064
01:45:05,719 --> 01:45:10,679
stin it place and Homeplace

2065
01:45:08,239 --> 01:45:12,560
applications and the standard of compat

2066
01:45:10,679 --> 01:45:15,360
standards of compatibility which would

2067
01:45:12,560 --> 01:45:17,719
impact them all were very big issues

2068
01:45:15,360 --> 01:45:20,920
discussed during the comprehensive plan

2069
01:45:17,719 --> 01:45:22,400
process and so even as late as July of

2070
01:45:20,920 --> 01:45:24,760
this year they were just getting to

2071
01:45:22,400 --> 01:45:29,239
implementing Those portions of the

2072
01:45:24,760 --> 01:45:29,239
plan the first two ordinances would

2073
01:45:30,080 --> 01:45:35,000
impact some of the rod and reel site

2074
01:45:32,320 --> 01:45:37,639
plan applications if those laws were

2075
01:45:35,000 --> 01:45:39,800
retroactively applied to the

2076
01:45:37,639 --> 01:45:42,320
applications all three of the ordinances

2077
01:45:39,800 --> 01:45:44,719
were passed by the Town Council which

2078
01:45:42,320 --> 01:45:47,159
you can see on page five of the exhibit

2079
01:45:44,719 --> 01:45:49,480
which is page three and four of the uh

2080
01:45:47,159 --> 01:45:52,480
Town Council session

2081
01:45:49,480 --> 01:45:52,480
minutes

2082
01:45:54,320 --> 01:46:00,760
next I'm going to offer as exhibit 49

2083
01:45:57,320 --> 01:46:03,280
the Town Council public hearing

2084
01:46:00,760 --> 01:46:09,199
minutes and minutes of the Town Council

2085
01:46:03,280 --> 01:46:09,199
of September 21st 2023 is exhibit

2086
01:46:09,760 --> 01:46:19,440
49 hi Mr Bliss what was 48 48

2087
01:46:15,040 --> 01:46:23,119
was the minutes of the July 20th 23 Town

2088
01:46:19,440 --> 01:46:26,840
Council public hearing and

2089
01:46:23,119 --> 01:46:26,840
minutes so this is

2090
01:46:37,880 --> 01:46:40,880
49

2091
01:46:41,480 --> 01:46:51,480
proved but your

2092
01:46:45,480 --> 01:46:53,800
agend got that and so that's not have

2093
01:46:51,480 --> 01:46:56,440
binders is just being replaced with the

2094
01:46:53,800 --> 01:46:56,440
actual formal

2095
01:46:59,280 --> 01:47:03,960
minutes so I offer this to show you that

2096
01:47:02,440 --> 01:47:06,080
the Town Council is still offering

2097
01:47:03,960 --> 01:47:07,080
implementing ordinances in this case

2098
01:47:06,080 --> 01:47:10,920
ordinance

2099
01:47:07,080 --> 01:47:13,679
023 21 on the standards for conditional

2100
01:47:10,920 --> 01:47:15,320
uses also subject to much debate during

2101
01:47:13,679 --> 01:47:16,920
the comprehensive plan process and

2102
01:47:15,320 --> 01:47:19,320
implementing the comprehensive plan

2103
01:47:16,920 --> 01:47:22,320
policy recommendations into the zoning

2104
01:47:19,320 --> 01:47:22,320
ordinance

2105
01:47:23,520 --> 01:47:27,080
so the board understands that the

2106
01:47:25,400 --> 01:47:29,280
implementing ordinances are not yet

2107
01:47:27,080 --> 01:47:31,560
complete even as of this

2108
01:47:29,280 --> 01:47:33,000
date one of the rationals for

2109
01:47:31,560 --> 01:47:34,360
dramatically changing the zoning

2110
01:47:33,000 --> 01:47:36,080
ordinance in the center of the town

2111
01:47:34,360 --> 01:47:38,199
which is primarily the MC Maritime

2112
01:47:36,080 --> 01:47:40,800
commercial District impacting The Three

2113
01:47:38,199 --> 01:47:41,840
Rod and Reel projects was the threat of

2114
01:47:40,800 --> 01:47:43,920
sea level

2115
01:47:41,840 --> 01:47:46,719
rise you can read that in the

2116
01:47:43,920 --> 01:47:49,400
comprehensive plan it was also used to

2117
01:47:46,719 --> 01:47:51,679
justify less dramatic changes that would

2118
01:47:49,400 --> 01:47:55,159
apply to the Senate

2119
01:47:51,679 --> 01:47:59,800
property I'm going to offer as exhibit

2120
01:47:55,159 --> 01:48:03,480
50 pages 38 to 48 of the comprehensive

2121
01:47:59,800 --> 01:48:03,480
plan that was passed in April of

2122
01:48:19,239 --> 01:48:22,239
2022

2123
01:48:30,159 --> 01:48:35,080
so as you can see from this exhibit what

2124
01:48:33,239 --> 01:48:38,360
the comprehensive plan did was use

2125
01:48:35,080 --> 01:48:41,360
projections from the Maryland Commission

2126
01:48:38,360 --> 01:48:45,239
on climate change to plot what areas had

2127
01:48:41,360 --> 01:48:47,280
a a 5% higher chance of flooding uh they

2128
01:48:45,239 --> 01:48:50,280
did this using two maps showing the

2129
01:48:47,280 --> 01:48:51,280
projected risk areas for the year's 2050

2130
01:48:50,280 --> 01:48:54,400
and

2131
01:48:51,280 --> 01:48:57,080
2100 but using a 10% exceedence

2132
01:48:54,400 --> 01:48:59,400
probability rather than the 5% and then

2133
01:48:57,080 --> 01:49:01,639
the map show the lower risk areas of 1%

2134
01:48:59,400 --> 01:49:05,560
and two10 of a

2135
01:49:01,639 --> 01:49:08,040
percent so oops I apologize I think I

2136
01:49:05,560 --> 01:49:08,040
went the wrong

2137
01:49:08,719 --> 01:49:13,760
direction so this slide shows the 2050

2138
01:49:11,800 --> 01:49:15,159
predicted reach of periodic flooding

2139
01:49:13,760 --> 01:49:17,760
which is a map seven of your

2140
01:49:15,159 --> 01:49:17,760
comprehensive

2141
01:49:19,119 --> 01:49:23,480
plan

2142
01:49:20,960 --> 01:49:25,920
this one is the 20 the year 2100

2143
01:49:23,480 --> 01:49:29,639
predicted reach for periodic flooding

2144
01:49:25,920 --> 01:49:29,639
which is map eight of your comprehensive

2145
01:49:30,599 --> 01:49:35,520
plan and what the plan did was

2146
01:49:33,520 --> 01:49:37,840
established three zones of

2147
01:49:35,520 --> 01:49:39,159
vulnerability which you can see here are

2148
01:49:37,840 --> 01:49:42,560
shown on page

2149
01:49:39,159 --> 01:49:45,000
42 of the comprehensive plan and two of

2150
01:49:42,560 --> 01:49:46,760
those zones of vulnerability shown on

2151
01:49:45,000 --> 01:49:49,880
maps nine and 10 of the comprehensive

2152
01:49:46,760 --> 01:49:53,080
plan would cover four of the five rotten

2153
01:49:49,880 --> 01:49:55,719
re site plans

2154
01:49:53,080 --> 01:49:58,320
applications now I want to be

2155
01:49:55,719 --> 01:50:00,480
clear that we're not contesting in this

2156
01:49:58,320 --> 01:50:01,320
hearing the commission's role in using

2157
01:50:00,480 --> 01:50:03,760
such

2158
01:50:01,320 --> 01:50:06,440
information the maps making

2159
01:50:03,760 --> 01:50:08,320
corresponding plans or even judgments

2160
01:50:06,440 --> 01:50:10,280
they made we can't challenge that in

2161
01:50:08,320 --> 01:50:13,000
that Con in this context it's not

2162
01:50:10,280 --> 01:50:16,080
relevant what I'm showing

2163
01:50:13,000 --> 01:50:17,880
you is to point out to the commission

2164
01:50:16,080 --> 01:50:20,360
was creating these zones of

2165
01:50:17,880 --> 01:50:22,679
vulnerability in the comprehensive plan

2166
01:50:20,360 --> 01:50:26,840
and had two specific recommendations in

2167
01:50:22,679 --> 01:50:29,800
the plan based upon these

2168
01:50:26,840 --> 01:50:33,360
zones and this is all in the same

2169
01:50:29,800 --> 01:50:35,119
exhibit as this slide shows there were

2170
01:50:33,360 --> 01:50:37,960
three substantive recommendations for

2171
01:50:35,119 --> 01:50:40,840
the vulnerability zones first that for

2172
01:50:37,960 --> 01:50:45,960
areas that expected to be submerged when

2173
01:50:40,840 --> 01:50:47,719
the Bay water level rises by 2.1 ft the

2174
01:50:45,960 --> 01:50:49,760
plan recommends that the regulations and

2175
01:50:47,719 --> 01:50:51,719
policies be adopted to prevent further

2176
01:50:49,760 --> 01:50:54,119
Dev development or intensification of

2177
01:50:51,719 --> 01:50:56,679
land use activities and that no

2178
01:50:54,119 --> 01:50:58,840
residential land uses be

2179
01:50:56,679 --> 01:51:00,880
permitted this recommendation has a

2180
01:50:58,840 --> 01:51:03,800
direct impact on one of the five Roden

2181
01:51:00,880 --> 01:51:06,040
reel five uh Roden reel applications

2182
01:51:03,800 --> 01:51:09,000
known as Harbor Vista

2183
01:51:06,040 --> 01:51:11,119
West the second recommendation was that

2184
01:51:09,000 --> 01:51:14,040
detailed plans for three vulnerability

2185
01:51:11,119 --> 01:51:16,920
zones be adopted and most important to

2186
01:51:14,040 --> 01:51:18,480
this case that the town would postpone

2187
01:51:16,920 --> 01:51:21,000
formal review and approval of

2188
01:51:18,480 --> 01:51:23,960
development plans in these

2189
01:51:21,000 --> 01:51:26,440
areas so under this concept even after

2190
01:51:23,960 --> 01:51:28,760
the moratorium would expire there would

2191
01:51:26,440 --> 01:51:30,920
be a recommendation that any development

2192
01:51:28,760 --> 01:51:32,920
plans not be reviewed until the specific

2193
01:51:30,920 --> 01:51:35,280
details for these vulnerability zones

2194
01:51:32,920 --> 01:51:35,280
would be

2195
01:51:36,520 --> 01:51:40,880
developed this could explain why even

2196
01:51:38,960 --> 01:51:45,440
after the council passed the resolution

2197
01:51:40,880 --> 01:51:47,840
to r232 in March of 23 reporting to end

2198
01:51:45,440 --> 01:51:49,480
the moratorium the zoning administrator

2199
01:51:47,840 --> 01:51:50,800
and the planning of zoning commission

2200
01:51:49,480 --> 01:51:52,480
have still not not taken up the site

2201
01:51:50,800 --> 01:51:55,040
plan applications that were filed in

2202
01:51:52,480 --> 01:51:55,040
January of

2203
01:51:57,480 --> 01:52:02,880
2021 those plans for the vulnerability

2204
01:51:59,960 --> 01:52:04,199
zones have not yet been developed and no

2205
01:52:02,880 --> 01:52:07,119
implementing ordinances have been

2206
01:52:04,199 --> 01:52:09,280
submitted yet they're still working on

2207
01:52:07,119 --> 01:52:10,639
those and they're in their study for the

2208
01:52:09,280 --> 01:52:13,920
comprehensive

2209
01:52:10,639 --> 01:52:17,719
plan and those vulnerability zones cover

2210
01:52:13,920 --> 01:52:20,599
potentially large swaths of

2211
01:52:17,719 --> 01:52:23,320
town I'm going to show you

2212
01:52:20,599 --> 01:52:23,320
in exhibit

2213
01:52:29,679 --> 01:52:35,040
51 which

2214
01:52:32,520 --> 01:52:38,599
is Page

2215
01:52:35,040 --> 01:52:41,960
24 of a draft

2216
01:52:38,599 --> 01:52:46,760
plan dated June 22nd

2217
01:52:41,960 --> 01:52:50,079
2023 of the coastal resiliency steering

2218
01:52:46,760 --> 01:52:53,760
committee as well as a on the second

2219
01:52:50,079 --> 01:52:57,280
page uh a a screenshot of the Town

2220
01:52:53,760 --> 01:53:01,159
Council I mean the the town's website

2221
01:52:57,280 --> 01:53:03,320
describing the plan for this committee

2222
01:53:01,159 --> 01:53:06,599
and I offer that as exhibit

2223
01:53:03,320 --> 01:53:11,000
51 to that because now we're discussing

2224
01:53:06,599 --> 01:53:13,040
a draft plan that was wasn't adopted at

2225
01:53:11,000 --> 01:53:15,560
all I mean

2226
01:53:13,040 --> 01:53:17,400
this hold on um that objection is

2227
01:53:15,560 --> 01:53:21,480
sustained because it is a draft why

2228
01:53:17,400 --> 01:53:27,119
don't you state it Mr Mr Blitz

2229
01:53:21,480 --> 01:53:28,719
turn so reason for showing this plan is

2230
01:53:27,119 --> 01:53:30,400
to show you that a whole bunch of

2231
01:53:28,719 --> 01:53:32,760
implementing ordinances that would be

2232
01:53:30,400 --> 01:53:35,280
applicable to the media are still being

2233
01:53:32,760 --> 01:53:37,159
worked on and what the schedule is

2234
01:53:35,280 --> 01:53:39,560
second page of this exhibit shows that

2235
01:53:37,159 --> 01:53:41,880
is it going to be

2236
01:53:39,560 --> 01:53:44,800
considered

2237
01:53:41,880 --> 01:53:46,719
um it was held a meeting in November 2nd

2238
01:53:44,800 --> 01:53:50,360
of

2239
01:53:46,719 --> 01:53:53,599
2023 um to discuss the public comments

2240
01:53:50,360 --> 01:53:55,639
and it basically sets forth what they're

2241
01:53:53,599 --> 01:53:57,920
going to do so these are upcoming

2242
01:53:55,639 --> 01:54:01,360
implementing ordinances that directly

2243
01:53:57,920 --> 01:54:03,520
impact the rot real site I'm not

2244
01:54:01,360 --> 01:54:05,920
offering there's no you don't need to

2245
01:54:03,520 --> 01:54:07,599
evaluate the truth or the veracity of

2246
01:54:05,920 --> 01:54:09,159
anything in this draft plan it's merely

2247
01:54:07,599 --> 01:54:12,000
showing that they're current this is

2248
01:54:09,159 --> 01:54:14,119
where they are currently working on for

2249
01:54:12,000 --> 01:54:17,000
implementing ordinances which were a

2250
01:54:14,119 --> 01:54:19,079
very big part of a comprehensive plan

2251
01:54:17,000 --> 01:54:21,400
and as I read to you one of the

2252
01:54:19,079 --> 01:54:23,639
recommendations for these zones was

2253
01:54:21,400 --> 01:54:26,599
removal of all

2254
01:54:23,639 --> 01:54:29,280
residential um development in the MC

2255
01:54:26,599 --> 01:54:32,560
Zone well that's three of the five

2256
01:54:29,280 --> 01:54:34,239
projects for the rod and reel that's why

2257
01:54:32,560 --> 01:54:35,719
we're offering it's there's nothing

2258
01:54:34,239 --> 01:54:38,040
about the validity of this document it

2259
01:54:35,719 --> 01:54:39,920
show really showing where they are in

2260
01:54:38,040 --> 01:54:42,440
the process of developing and

2261
01:54:39,920 --> 01:54:42,440
implementing

2262
01:54:48,679 --> 01:54:51,679
orance

2263
01:55:07,280 --> 01:55:10,679
the objection will be sustained for

2264
01:55:09,119 --> 01:55:12,960
black

2265
01:55:10,679 --> 01:55:15,520
Foundation where that document came from

2266
01:55:12,960 --> 01:55:15,520
who prepared

2267
01:55:18,599 --> 01:55:23,199
it

2268
01:55:21,320 --> 01:55:26,880
just so the board knows it's a plan

2269
01:55:23,199 --> 01:55:28,920
directly on the website of the town you

2270
01:55:26,880 --> 01:55:30,800
can take judicial notice of that it's a

2271
01:55:28,920 --> 01:55:33,639
town document that is being offered by

2272
01:55:30,800 --> 01:55:35,920
the town as where the the coastal

2273
01:55:33,639 --> 01:55:37,079
resiliency board is in this part of the

2274
01:55:35,920 --> 01:55:39,400
process that's all I'm really just

2275
01:55:37,079 --> 01:55:42,199
trying to show

2276
01:55:39,400 --> 01:55:45,520
you but you if it's sustained that's

2277
01:55:42,199 --> 01:55:45,520
fine okay thank

2278
01:55:45,800 --> 01:55:51,599
you reminder we have about five minutes

2279
01:55:48,320 --> 01:55:51,599
left this evening

2280
01:56:18,520 --> 01:56:21,520
so

2281
01:56:22,679 --> 01:56:27,400
so I'll finish off with exhibit which is

2282
01:56:25,400 --> 01:56:31,239
now

2283
01:56:27,400 --> 01:56:33,199
51 uh September 21st 2023 report of the

2284
01:56:31,239 --> 01:56:34,960
chair of Planning and Zoning commission

2285
01:56:33,199 --> 01:56:40,159
to the mayor and Town

2286
01:56:34,960 --> 01:56:40,159
Council Deber uh 21st

2287
01:56:48,480 --> 01:56:51,480
2023

2288
01:57:01,320 --> 01:57:06,079
this report

2289
01:57:03,760 --> 01:57:07,960
shows the continuing implementing

2290
01:57:06,079 --> 01:57:10,199
ordinances that are going to continue to

2291
01:57:07,960 --> 01:57:12,119
come commission was making revisions to

2292
01:57:10,199 --> 01:57:14,480
the local critical area

2293
01:57:12,119 --> 01:57:16,480
program those will come in as ordinances

2294
01:57:14,480 --> 01:57:18,920
they are also now working on the new

2295
01:57:16,480 --> 01:57:21,639
signage regulations and intend on

2296
01:57:18,920 --> 01:57:24,760
revisiting the development of housing in

2297
01:57:21,639 --> 01:57:24,760
relationship to Steve

2298
01:57:25,760 --> 01:57:32,159
slopes and I think this is

2299
01:57:29,480 --> 01:57:35,719
probably the best point for a stopping

2300
01:57:32,159 --> 01:57:40,800
point um I'd like to

2301
01:57:35,719 --> 01:57:43,360
um let the board know that um I will

2302
01:57:40,800 --> 01:57:46,639
clearly be finishing the applicant's

2303
01:57:43,360 --> 01:57:50,000
testimony at the next hearing just so

2304
01:57:46,639 --> 01:57:52,079
you can think about schedule um

2305
01:57:50,000 --> 01:57:53,920
and um I thank you for your time and

2306
01:57:52,079 --> 01:57:56,560
consideration you think you'll eat the

2307
01:57:53,920 --> 01:57:57,920
whole following two hours or will it be

2308
01:57:56,560 --> 01:58:02,040
some fraction of

2309
01:57:57,920 --> 01:58:05,159
that that really depends on the extended

2310
01:58:02,040 --> 01:58:07,239
scope of cross-examination because that

2311
01:58:05,159 --> 01:58:10,440
will be a lot more testimony from Mr

2312
01:58:07,239 --> 01:58:11,639
Woodburn and Mr Donovan so let's make

2313
01:58:10,440 --> 01:58:15,199
the assumption that it will take the

2314
01:58:11,639 --> 01:58:16,920
entire time and if it happily doesn't um

2315
01:58:15,199 --> 01:58:22,239
we will determine whether or not to

2316
01:58:16,920 --> 01:58:24,920
break or to go directly into um Mr to's

2317
01:58:22,239 --> 01:58:27,920
uh presentation or whatever he likes to

2318
01:58:24,920 --> 01:58:31,480
provide okay um at this point uh I'll

2319
01:58:27,920 --> 01:58:34,840
entertain a motion to adjourn the

2320
01:58:31,480 --> 01:58:37,280
meet yeah I'm about to do it um our next

2321
01:58:34,840 --> 01:58:40,880
meeting will be uh November 14th which

2322
01:58:37,280 --> 01:58:43,199
is Tuesday at 700 pm here at chese Beach

2323
01:58:40,880 --> 01:58:45,000
Town Hall um at this point in time I'll

2324
01:58:43,199 --> 01:58:47,520
entertain a motion to adjourn this

2325
01:58:45,000 --> 01:58:50,119
meeting until then I will make such a

2326
01:58:47,520 --> 01:58:53,239
motion I have a second second all in

2327
01:58:50,119 --> 01:58:56,239
favor I all right thank you motion

2328
01:58:53,239 --> 01:58:56,239
adjourn

2329
01:58:58,639 --> 01:59:01,639
ajour