1 00:00:05,040 --> 00:00:06,960 uh welcome everybody this is the call to 2 00:00:06,960 --> 00:00:08,559 order for the ches beach board of 3 00:00:08,559 --> 00:00:13,240 appeals August 19th 2024 at 6:31 4 00:00:13,240 --> 00:00:15,559 PM again this is the call to order for 5 00:00:15,559 --> 00:00:17,039 the chese beach board of appeals August 6 00:00:17,039 --> 00:00:20,800 19th 2024 at 6:31 p.m. uh as an 7 00:00:20,800 --> 00:00:23,320 introduction we're here today we're 8 00:00:23,320 --> 00:00:24,240 going to do a couple things we're going 9 00:00:24,240 --> 00:00:25,359 to start with some administrative 10 00:00:25,359 --> 00:00:26,960 business meeting minutes and any 11 00:00:26,960 --> 00:00:29,359 comments we've received after that we 12 00:00:29,359 --> 00:00:31,519 will allow continued questioning of Mr 13 00:00:31,519 --> 00:00:34,160 blitz's presentation at the conclusion 14 00:00:34,160 --> 00:00:36,719 of that we will move into Mr pound's 15 00:00:36,719 --> 00:00:40,520 presentation and then Q&A if time allows 16 00:00:40,520 --> 00:00:43,879 um this board plans to also close 15 17 00:00:43,879 --> 00:00:47,399 minutes early at 8:15 p.m. uh to discuss 18 00:00:47,399 --> 00:00:50,440 a board Personnel matter um and as 19 00:00:50,440 --> 00:00:53,640 always we begin with the roll call I'll 20 00:00:53,640 --> 00:00:55,120 go around the room please announce that 21 00:00:55,120 --> 00:00:57,879 you are present Mr Richard Burch present 22 00:00:57,879 --> 00:01:00,480 Mr Paul dhy present Miss Amy 23 00:01:00,480 --> 00:01:03,559 present Mr Steven sharp and I am Mr jod 24 00:01:03,559 --> 00:01:07,400 honstar we have a quorum uh first item 25 00:01:07,400 --> 00:01:11,280 is the approval of the minutes for case 26 00:01:11,280 --> 00:01:14,439 20233 from the June 18th sessions does 27 00:01:14,439 --> 00:01:17,840 anybody have concerns with the documents 28 00:01:17,840 --> 00:01:21,270 they've been 29 00:01:21,280 --> 00:01:24,040 provided hearing none uh I would 30 00:01:24,040 --> 00:01:25,520 entertain a motion to approve the 31 00:01:25,520 --> 00:01:27,840 minutes I'll make the motion to approve 32 00:01:27,840 --> 00:01:31,880 I have a second second all in favor I 33 00:01:31,880 --> 00:01:34,640 right minutes are approved uh Sharon 34 00:01:34,640 --> 00:01:37,720 have we received any oh I got these um 35 00:01:37,720 --> 00:01:39,240 these are 36 00:01:39,240 --> 00:01:41,439 related aside from these have we 37 00:01:41,439 --> 00:01:44,840 received any other comments on this 38 00:01:44,840 --> 00:01:48,520 particular case no you uh in that case 39 00:01:48,520 --> 00:01:50,520 we move right along um this is the board 40 00:01:50,520 --> 00:01:53,200 of appeals continuation case 20233 rod 41 00:01:53,200 --> 00:01:55,560 and real Incorporated donov States LLC 42 00:01:55,560 --> 00:01:56,920 to consider an application from the 43 00:01:56,920 --> 00:01:59,119 Roden re Incorporated donov states of 44 00:01:59,119 --> 00:02:02,240 416 M Avenue Chesapeake Beach Maryland 45 00:02:02,240 --> 00:02:03,640 interpretation or alleged error to 46 00:02:03,640 --> 00:02:08,640 article of 66 2923 29031 a186 of the 47 00:02:08,640 --> 00:02:10,679 Chesapeake Beach zoning ordinance and C 48 00:02:10,679 --> 00:02:13,200 309 c310 c311 of the Chesapeake Beach 49 00:02:13,200 --> 00:02:15,239 Town Charter applicant requests that the 50 00:02:15,239 --> 00:02:16,760 Chesapeake Beach zoning board of appeals 51 00:02:16,760 --> 00:02:18,360 to quote order the zoning administrator 52 00:02:18,360 --> 00:02:19,920 and planning and zoning commission to 53 00:02:19,920 --> 00:02:21,680 immediately con uh commence and 54 00:02:21,680 --> 00:02:24,000 prioritize processing and review of the 55 00:02:24,000 --> 00:02:25,519 relevant site plan submitted by the Brad 56 00:02:25,519 --> 00:02:27,800 and reel Incorporated Don Estates LLC 57 00:02:27,800 --> 00:02:28,959 and that the zoning administrator and 58 00:02:28,959 --> 00:02:30,239 planning and zoning Commission ordered 59 00:02:30,239 --> 00:02:32,280 to apply the zoning ordinances in effect 60 00:02:32,280 --> 00:02:34,840 of as of January 29 2021 when the 61 00:02:34,840 --> 00:02:36,800 applications were submitted and for such 62 00:02:36,800 --> 00:02:38,319 other and further relief as the nature 63 00:02:38,319 --> 00:02:41,000 of their cuse requires uh okay at this 64 00:02:41,000 --> 00:02:43,159 point we will resume any questions 65 00:02:43,159 --> 00:02:45,879 directed to Mr Blitz or his presentation 66 00:02:45,879 --> 00:02:48,159 you have something else go yeah I do if 67 00:02:48,159 --> 00:02:50,519 you're if you're ready yes please um Mr 68 00:02:50,519 --> 00:02:53,319 chair um I think we need to 69 00:02:53,319 --> 00:02:56,599 address um exte communication to the 70 00:02:56,599 --> 00:02:58,280 board number 71 00:02:58,280 --> 00:03:00,480 seven um 72 00:03:00,480 --> 00:03:02,800 as you probably are all aware you 73 00:03:02,800 --> 00:03:05,519 received on August 16th 74 00:03:05,519 --> 00:03:08,959 2024 an expart communication uh to the 75 00:03:08,959 --> 00:03:12,239 board by Mr pounds um that was emailed 76 00:03:12,239 --> 00:03:14,280 to me and many 77 00:03:14,280 --> 00:03:17,280 others um the letter from Mr pounds 78 00:03:17,280 --> 00:03:20,480 itself is undated U the board had 79 00:03:20,480 --> 00:03:23,440 previously um ruled prior Communications 80 00:03:23,440 --> 00:03:28,280 of March 26 2024 of which there were two 81 00:03:28,280 --> 00:03:30,400 March 28th 202 82 00:03:30,400 --> 00:03:35,080 April 12th 2024 April 15 2024 and May 83 00:03:35,080 --> 00:03:38,360 22nd 2024 to be exp parte 84 00:03:38,360 --> 00:03:40,519 Communications I believe at the last 85 00:03:40,519 --> 00:03:43,599 Board hearing addressing the May 86 00:03:43,599 --> 00:03:46,599 22nd 2024 expart 87 00:03:46,599 --> 00:03:49,599 communication the chair made it clear 88 00:03:49,599 --> 00:03:51,959 that no more such expar Communications 89 00:03:51,959 --> 00:03:54,640 would be distributed to the board uh yet 90 00:03:54,640 --> 00:03:58,360 again it was um this is manifestly 91 00:03:58,360 --> 00:04:02,760 unfair to the board the rod and reel and 92 00:04:02,760 --> 00:04:04,439 every other 93 00:04:04,439 --> 00:04:06,920 party um and I'm not going to go over 94 00:04:06,920 --> 00:04:09,720 all of the reasons why expart 95 00:04:09,720 --> 00:04:11,079 Communications are bad because I think 96 00:04:11,079 --> 00:04:13,319 you can remember them from the last 97 00:04:13,319 --> 00:04:14,599 seven uh 98 00:04:14,599 --> 00:04:16,280 six 99 00:04:16,280 --> 00:04:19,959 um following the procedure of this 100 00:04:19,959 --> 00:04:23,639 board uh's rules has proven 101 00:04:23,639 --> 00:04:26,320 insufficient uh instead of being labeled 102 00:04:26,320 --> 00:04:29,960 as inappropriate exper at communications 103 00:04:29,960 --> 00:04:33,240 uh to which other parties um or members 104 00:04:33,240 --> 00:04:36,960 of the public I suppose um can file 105 00:04:36,960 --> 00:04:40,840 rebuttal um what has happened is in the 106 00:04:40,840 --> 00:04:43,320 past some people have basically sent in 107 00:04:43,320 --> 00:04:46,400 meos or additional expart Communications 108 00:04:46,400 --> 00:04:48,680 about the expart dedication they're not 109 00:04:48,680 --> 00:04:50,479 rebutting them they're just simply 110 00:04:50,479 --> 00:04:52,360 adding their two 111 00:04:52,360 --> 00:04:55,960 cents and I request that the undated 112 00:04:55,960 --> 00:04:58,919 letter from Mr pounds that was forwarded 113 00:04:58,919 --> 00:05:01,800 by email of a 16th be stricken from the 114 00:05:01,800 --> 00:05:04,400 record and since it's short I wish to 115 00:05:04,400 --> 00:05:08,670 provide the rod and re rebuttal 116 00:05:08,680 --> 00:05:10,280 now 117 00:05:10,280 --> 00:05:13,280 um the lawsuit referenced in the first 118 00:05:13,280 --> 00:05:15,759 paragraph does not raise substantially 119 00:05:15,759 --> 00:05:17,600 the same allegations that are raised in 120 00:05:17,600 --> 00:05:20,840 this appeal of administrative error and 121 00:05:20,840 --> 00:05:24,280 asks for completely different 122 00:05:24,280 --> 00:05:26,840 relief what is most egregious is that 123 00:05:26,840 --> 00:05:29,759 the letter seeks to intimidate the 124 00:05:29,759 --> 00:05:31,639 members of the board by stating that you 125 00:05:31,639 --> 00:05:33,600 as individual members might need to 126 00:05:33,600 --> 00:05:36,639 retain councel for yourselves and 127 00:05:36,639 --> 00:05:39,360 somehow you may be called as Witnesses 128 00:05:39,360 --> 00:05:41,680 there's little reason to expect or 129 00:05:41,680 --> 00:05:43,280 believe that the board members to an 130 00:05:43,280 --> 00:05:46,400 administrative hearing would be relevant 131 00:05:46,400 --> 00:05:48,520 Witnesses in that 132 00:05:48,520 --> 00:05:52,120 litigation generally the board acts as a 133 00:05:52,120 --> 00:05:56,199 body its decision will flow from the 134 00:05:56,199 --> 00:05:58,560 findings that you file you know in this 135 00:05:58,560 --> 00:06:01,710 case 136 00:06:01,720 --> 00:06:04,360 um what Mr pounds is really trying to do 137 00:06:04,360 --> 00:06:06,560 in all these expart communications is 138 00:06:06,560 --> 00:06:08,840 seeking to admit evidence which is not 139 00:06:08,840 --> 00:06:12,400 only not relevant to the case um but do 140 00:06:12,400 --> 00:06:14,440 so by providing it outside the context 141 00:06:14,440 --> 00:06:16,520 of an open hearing where it's on the 142 00:06:16,520 --> 00:06:18,680 record and where parties including the 143 00:06:18,680 --> 00:06:22,039 rod and reel can make a timely 144 00:06:22,039 --> 00:06:25,160 objection instead information is sent to 145 00:06:25,160 --> 00:06:27,639 the board you can conjugate think about 146 00:06:27,639 --> 00:06:30,800 it what whatever it said and not have 147 00:06:30,800 --> 00:06:32,720 already heard an objection that I would 148 00:06:32,720 --> 00:06:37,710 have raised or any other party could 149 00:06:37,720 --> 00:06:40,720 raise I further request that you're that 150 00:06:40,720 --> 00:06:45,080 you censure Mr Pal's Mr pound's conduct 151 00:06:45,080 --> 00:06:47,120 this is clearly not the first instance 152 00:06:47,120 --> 00:06:49,160 of his abusing the process and 153 00:06:49,160 --> 00:06:51,759 submitting expart Communications with 154 00:06:51,759 --> 00:06:53,720 information not in the record to the 155 00:06:53,720 --> 00:06:56,720 board and other members of the public on 156 00:06:56,720 --> 00:06:58,319 that distribution 157 00:06:58,319 --> 00:07:00,919 list after to the last set of expart 158 00:07:00,919 --> 00:07:03,280 communications from Mr pounds were clear 159 00:07:03,280 --> 00:07:05,280 he was clearly on notice that sending 160 00:07:05,280 --> 00:07:07,919 such Communications is inappropriate and 161 00:07:07,919 --> 00:07:10,879 are prohibited by the board's 162 00:07:10,879 --> 00:07:13,360 rules finally that if you're going to 163 00:07:13,360 --> 00:07:15,879 follow your standard procedure of 164 00:07:15,879 --> 00:07:18,639 publishing it as an the expart 165 00:07:18,639 --> 00:07:21,000 communication I would ask that you 166 00:07:21,000 --> 00:07:23,840 consider putting a page on top of it on 167 00:07:23,840 --> 00:07:26,960 the first page that with this Proviso or 168 00:07:26,960 --> 00:07:31,319 this statement and I'll just read it 169 00:07:31,319 --> 00:07:33,560 attached is an inappropriate exp party 170 00:07:33,560 --> 00:07:35,000 communication sent to the board of 171 00:07:35,000 --> 00:07:36,639 appeals in case 172 00:07:36,639 --> 00:07:39,599 2023 by Todd pounds Esquire notice is 173 00:07:39,599 --> 00:07:41,479 given to the public under the rules of 174 00:07:41,479 --> 00:07:44,319 the board of appeals to allow parties in 175 00:07:44,319 --> 00:07:46,800 interest the opportunity to rebut or 176 00:07:46,800 --> 00:07:48,639 object to any elements of the 177 00:07:48,639 --> 00:07:50,720 communication and its introduction to 178 00:07:50,720 --> 00:07:53,879 the board this notice is not intended to 179 00:07:53,879 --> 00:07:55,720 invite additional expart to 180 00:07:55,720 --> 00:07:57,720 Communications I think that might at 181 00:07:57,720 --> 00:08:00,800 least alert people it's going out on a 182 00:08:00,800 --> 00:08:03,720 website why this communication is being 183 00:08:03,720 --> 00:08:05,639 published so that they would provide 184 00:08:05,639 --> 00:08:07,919 comments that is the purpose of this is 185 00:08:07,919 --> 00:08:09,360 to 186 00:08:09,360 --> 00:08:13,319 rebut at the stage as a as a remedy to 187 00:08:13,319 --> 00:08:15,080 expart Communications that's why you 188 00:08:15,080 --> 00:08:17,440 have that process and a somewhat 189 00:08:17,440 --> 00:08:20,759 standard administrative process so I'd 190 00:08:20,759 --> 00:08:23,159 ask you to consider that thank 191 00:08:23,159 --> 00:08:27,830 you 192 00:08:27,840 --> 00:08:31,159 yes Mr Blitz because I understand it 193 00:08:31,159 --> 00:08:34,800 that letter was putting a variety of 194 00:08:34,800 --> 00:08:37,919 people on notice that rod reel had filed 195 00:08:37,919 --> 00:08:40,640 a new lawsuit against the 196 00:08:40,640 --> 00:08:44,959 town how is that as a substance of that 197 00:08:44,959 --> 00:08:48,120 letter relevant to the pending 198 00:08:48,120 --> 00:08:50,600 proceeding before the board well I would 199 00:08:50,600 --> 00:08:52,640 say it isn't but it then why why is it 200 00:08:52,640 --> 00:08:53,399 being 201 00:08:53,399 --> 00:08:55,839 sent about this case that is this is 202 00:08:55,839 --> 00:08:57,920 literally he's saying that this is 203 00:08:57,920 --> 00:08:59,440 substantially the same as the issue 204 00:08:59,440 --> 00:09:01,399 issues raised in this case that makes it 205 00:09:01,399 --> 00:09:03,839 relevant to this case it was clearly 206 00:09:03,839 --> 00:09:06,240 sent to me otherwise if it was just a 207 00:09:06,240 --> 00:09:08,200 communication to the board it wouldn't 208 00:09:08,200 --> 00:09:09,399 be sent to 209 00:09:09,399 --> 00:09:13,040 me it it's I well I suppose I was one of 210 00:09:13,040 --> 00:09:16,120 the people on his list of ported 211 00:09:16,120 --> 00:09:18,959 Witnesses my point is I think this was 212 00:09:18,959 --> 00:09:20,839 an attempt to 213 00:09:20,839 --> 00:09:24,880 introduce the litigation as part of this 214 00:09:24,880 --> 00:09:26,959 record it was distributed to all the 215 00:09:26,959 --> 00:09:33,470 members of the board 216 00:09:33,480 --> 00:09:38,079 so I I I took it as being about this 217 00:09:38,079 --> 00:09:40,240 case about this administrative 218 00:09:40,240 --> 00:09:42,240 proceeding and that would make make it 219 00:09:42,240 --> 00:09:43,920 an exp part communication just like all 220 00:09:43,920 --> 00:09:47,790 the the six previous 221 00:09:47,800 --> 00:09:50,160 ones not sure I agree with you but thank 222 00:09:50,160 --> 00:09:53,630 you for your 223 00:09:53,640 --> 00:09:56,399 explanation do we need to decide on this 224 00:09:56,399 --> 00:10:00,200 now is this something we can table and 225 00:10:00,200 --> 00:10:03,640 discuss better S if I can help you out I 226 00:10:03,640 --> 00:10:06,440 never intend introduce this and then and 227 00:10:06,440 --> 00:10:08,160 I do not plan on introducing this part 228 00:10:08,160 --> 00:10:10,360 of the record but like you said if 229 00:10:10,360 --> 00:10:12,880 wanted to make sure that everybody knows 230 00:10:12,880 --> 00:10:15,000 what is happening out there that is 231 00:10:15,000 --> 00:10:17,560 going to affect these proceedings so you 232 00:10:17,560 --> 00:10:18,560 know if there's a question about 233 00:10:18,560 --> 00:10:20,560 introduction I'm not introducing it 234 00:10:20,560 --> 00:10:24,880 never intended to so if that helps with 235 00:10:24,880 --> 00:10:26,480 your decision well but I think the point 236 00:10:26,480 --> 00:10:29,480 Mr pounds is that even though you're not 237 00:10:29,480 --> 00:10:32,000 introducing it it's out there it's been 238 00:10:32,000 --> 00:10:35,000 made uh the board's been made aware of 239 00:10:35,000 --> 00:10:38,040 it and other individuals have been made 240 00:10:38,040 --> 00:10:39,120 aware of 241 00:10:39,120 --> 00:10:41,639 it Mr Blitz I believe Planning 242 00:10:41,639 --> 00:10:46,200 Commission mayor and counsel and board I 243 00:10:46,200 --> 00:10:48,839 think the bigger question as I asked Mr 244 00:10:48,839 --> 00:10:54,240 Blitz is is it really relevant to this 245 00:10:54,240 --> 00:10:56,880 public hearing and P and public 246 00:10:56,880 --> 00:10:59,800 proceeding that we've been going on and 247 00:10:59,800 --> 00:11:03,000 tonight is on my count night 248 00:11:03,000 --> 00:11:05,440 15 I'm not sure it 249 00:11:05,440 --> 00:11:08,200 is Mr susman oh I didn't mean to 250 00:11:08,200 --> 00:11:09,880 interrupt Mr pounds if you're no not at 251 00:11:09,880 --> 00:11:12,320 all I mean I mean like I said I've never 252 00:11:12,320 --> 00:11:13,880 intended to introduce it it's not 253 00:11:13,880 --> 00:11:17,480 evidence I mean you do as F that's my 254 00:11:17,480 --> 00:11:18,920 point is it's not being introduced in 255 00:11:18,920 --> 00:11:20,920 the record it's the I'm going to read 256 00:11:20,920 --> 00:11:22,360 the first paragraph and I think this 257 00:11:22,360 --> 00:11:25,360 answers your issue Mr susman please be 258 00:11:25,360 --> 00:11:26,920 advised the town of ches beach has 259 00:11:26,920 --> 00:11:28,440 received a lawsuit from RNR with 260 00:11:28,440 --> 00:11:30,279 substantially the same allegations as 261 00:11:30,279 --> 00:11:31,959 they are being heard by the board of 262 00:11:31,959 --> 00:11:35,160 appeals he just put boa the testimony 263 00:11:35,160 --> 00:11:37,480 and actions of the boa will be part of 264 00:11:37,480 --> 00:11:41,040 that litigation so he's giving you 265 00:11:41,040 --> 00:11:45,079 notice about this case being applicable 266 00:11:45,079 --> 00:11:47,279 to a litigation which it isn't but I'm 267 00:11:47,279 --> 00:11:51,480 just saying that's inappropriate expart 268 00:11:51,480 --> 00:11:53,600 Communications it's clearly about this 269 00:11:53,600 --> 00:11:55,680 case I mean it didn't cite the case 270 00:11:55,680 --> 00:11:58,160 number but it's referring to the fact 271 00:11:58,160 --> 00:11:59,519 that he thinks that they're 272 00:11:59,519 --> 00:12:01,079 substantially the same 273 00:12:01,079 --> 00:12:03,480 allegations so that's why I I believe 274 00:12:03,480 --> 00:12:05,560 it's an expart communication just for 275 00:12:05,560 --> 00:12:06,880 the clarification of it and we've been 276 00:12:06,880 --> 00:12:08,880 going on and on about this it's not 277 00:12:08,880 --> 00:12:11,279 expart if you send it to everybody okay 278 00:12:11,279 --> 00:12:12,920 maybe you know not admissible for 279 00:12:12,920 --> 00:12:14,480 whatever reasons but xart is when you 280 00:12:14,480 --> 00:12:16,440 only send it to one party and only one 281 00:12:16,440 --> 00:12:17,800 party's address such as if I were to 282 00:12:17,800 --> 00:12:19,959 send it to one Council you know board 283 00:12:19,959 --> 00:12:23,959 member or somebody like that um it's not 284 00:12:23,959 --> 00:12:25,920 exporte if it's sent to everybody which 285 00:12:25,920 --> 00:12:28,720 I always did so but that's just just for 286 00:12:28,720 --> 00:12:32,790 clarification 287 00:12:32,800 --> 00:12:35,839 uh Mr chairman I don't think the uh 288 00:12:35,839 --> 00:12:38,839 board should spend any more time on this 289 00:12:38,839 --> 00:12:42,120 uh my recommendation would be that you 290 00:12:42,120 --> 00:12:46,199 uh acknowledge Mr bliss's Point uh but 291 00:12:46,199 --> 00:12:48,600 deny his request for 292 00:12:48,600 --> 00:12:50,720 Relief I'm going to open the floor any 293 00:12:50,720 --> 00:12:52,760 other board members have thoughts on 294 00:12:52,760 --> 00:12:54,000 this particular I agree with that 295 00:12:54,000 --> 00:12:57,440 statement 100% we should move 296 00:12:57,440 --> 00:12:59,880 forward let me make a 297 00:12:59,880 --> 00:13:02,320 comment um as far as you know the 298 00:13:02,320 --> 00:13:04,160 allegation of 299 00:13:04,160 --> 00:13:06,480 intimidation when I received that letter 300 00:13:06,480 --> 00:13:08,440 I had no idea what it was about there 301 00:13:08,440 --> 00:13:09,680 was no 302 00:13:09,680 --> 00:13:12,360 details I automatically connected it to 303 00:13:12,360 --> 00:13:13,880 this 304 00:13:13,880 --> 00:13:18,839 case so um in that 305 00:13:18,839 --> 00:13:23,120 respect I I drew the conclusion that was 306 00:13:23,120 --> 00:13:26,920 related didn't I didn't worry about 307 00:13:26,920 --> 00:13:30,360 it but I think 308 00:13:30,360 --> 00:13:33,760 for me it did seem that it had an effect 309 00:13:33,760 --> 00:13:41,710 on this 310 00:13:41,720 --> 00:13:45,720 case I think my I 311 00:13:45,720 --> 00:13:49,680 um I think I agree that the I was when I 312 00:13:49,680 --> 00:13:52,440 saw that I was like I don't want to open 313 00:13:52,440 --> 00:13:56,000 this um I I just I am Leary about expart 314 00:13:56,000 --> 00:13:58,320 Communications and whatnot from that um 315 00:13:58,320 --> 00:14:02,759 so that is a concern and I think that is appropriate to 316 00:14:02,759 --> 00:14:05,759 address however I did not feel 317 00:14:05,759 --> 00:14:09,959 intimidation from this nor do I feel 318 00:14:09,959 --> 00:14:11,839 it's necessarily directly connected to 319 00:14:11,839 --> 00:14:14,399 this since it is another lawsuit that 320 00:14:14,399 --> 00:14:17,440 happens to be the same plaintiff that we 321 00:14:17,440 --> 00:14:19,240 are involved in that doesn't necessarily 322 00:14:19,240 --> 00:14:27,069 mean that it's the same 323 00:14:27,079 --> 00:14:29,800 thing okay uh thank you everybody for 324 00:14:29,800 --> 00:14:31,839 your input um I think we are going to 325 00:14:31,839 --> 00:14:35,040 move ahead um with Mr susman's 326 00:14:35,040 --> 00:14:37,279 suggestion that we have heard what you 327 00:14:37,279 --> 00:14:39,720 said Mr Blitz um but we are going to 328 00:14:39,720 --> 00:14:41,480 deny the motion at this time and we are 329 00:14:41,480 --> 00:14:42,839 continuing 330 00:14:42,839 --> 00:14:46,120 on um 331 00:14:46,120 --> 00:14:50,920 sorry uh I don't think so um okay we now 332 00:14:50,920 --> 00:14:52,880 we will proceed back where we left off 333 00:14:52,880 --> 00:14:54,920 last time which was any questions 334 00:14:54,920 --> 00:14:57,160 directed to Mr Blitz please come forward 335 00:14:57,160 --> 00:15:00,199 and um Mr s do this swearing in honors 336 00:15:00,199 --> 00:15:01,920 uh before you said do that um there's a 337 00:15:01,920 --> 00:15:03,920 reminder to speak into the microphone 338 00:15:03,920 --> 00:15:07,590 and speak loud so everybody can 339 00:15:07,600 --> 00:15:12,079 hear will swear you okay I'll swear I 340 00:15:12,079 --> 00:15:13,639 swear in the first night but I'll 341 00:15:13,639 --> 00:15:15,720 swearing again 342 00:15:15,720 --> 00:15:18,720 toly affirm under the federal proy that 343 00:15:18,720 --> 00:15:24,670 the testimony 344 00:15:24,680 --> 00:15:31,230 evidence I do 345 00:15:31,240 --> 00:15:33,639 good evening my name is Daniel Deval uh 346 00:15:33,639 --> 00:15:36,040 3610 chese Beach Road chese Beach 347 00:15:36,040 --> 00:15:39,000 Maryland Mr chairman and fellow board of 348 00:15:39,000 --> 00:15:42,920 appeals member me Mr Dev I'd appreciate 349 00:15:42,920 --> 00:15:45,399 if you would try and speak up my hearing 350 00:15:45,399 --> 00:15:47,560 normally bad is even worse 351 00:15:47,560 --> 00:15:51,360 tonight yes yes Mr assman is that better 352 00:15:51,360 --> 00:15:53,720 uh good evening Mr chairman and fellow 353 00:15:53,720 --> 00:15:54,839 board of appeals 354 00:15:54,839 --> 00:15:57,759 members just as Mr susman said this 355 00:15:57,759 --> 00:16:01,759 coming uh Saturday August 24th 2024 will 356 00:16:01,759 --> 00:16:03,839 be one year since the applicant was 357 00:16:03,839 --> 00:16:06,279 given the right to have this board of 358 00:16:06,279 --> 00:16:09,120 appeals hearing here's our case it has 359 00:16:09,120 --> 00:16:10,319 been 360 00:16:10,319 --> 00:16:13,959 787 days since the check was submitted 361 00:16:13,959 --> 00:16:16,000 to the town requesting a board of 362 00:16:16,000 --> 00:16:19,600 appeals hearing and it has been 363 00:16:19,600 --> 00:16:22,120 1,297 days since the plans were 364 00:16:22,120 --> 00:16:24,160 submitted to the Planning examing 365 00:16:24,160 --> 00:16:26,759 Commission 366 00:16:26,759 --> 00:16:30,720 1,297 days of um my brief 367 00:16:30,720 --> 00:16:35,880 overline timeline overview um March 2020 368 00:16:35,880 --> 00:16:38,920 Co everyone's life was 369 00:16:38,920 --> 00:16:42,000 uprooted um December 370 00:16:42,000 --> 00:16:43,720 205 371 00:16:43,720 --> 00:16:47,079 2020 uh there was a planning and zoning 372 00:16:47,079 --> 00:16:49,319 committee it was a revised design for 373 00:16:49,319 --> 00:16:52,199 the Ride and Reel presentation to the 374 00:16:52,199 --> 00:16:54,319 planning and zoning and there was ATT 375 00:16:54,319 --> 00:16:56,440 tension um from the members of the 376 00:16:56,440 --> 00:16:58,079 planning zoning to the rod and wheel 377 00:16:58,079 --> 00:17:01,440 that can be assumed looking back on that 378 00:17:01,440 --> 00:17:06,400 video uh on January 28th 2021 planning 379 00:17:06,400 --> 00:17:09,919 zoning meeting there was a motion um for 380 00:17:09,919 --> 00:17:12,600 a moratorium and attention by the 381 00:17:12,600 --> 00:17:14,880 members of the planning Z Zone in 382 00:17:14,880 --> 00:17:21,189 commission you could see the 383 00:17:21,199 --> 00:17:24,919 growing I I am I'm just I'm 384 00:17:24,919 --> 00:17:30,919 providing my lead into my questions I've been participating this entire time 385 00:17:30,919 --> 00:17:34,760 and uh I've I've I've spent countless 386 00:17:34,760 --> 00:17:39,960 hours getting together what I believe I 387 00:17:39,960 --> 00:17:41,880 don't really have any relation to any of 388 00:17:41,880 --> 00:17:45,039 the parties but but just what I see from 389 00:17:45,039 --> 00:17:47,039 the perspective so we're gonna have a 390 00:17:47,039 --> 00:17:49,160 second session where it's basically open 391 00:17:49,160 --> 00:17:51,080 but but I have questions so these are 392 00:17:51,080 --> 00:17:53,880 all lead up to to my line of question 393 00:17:53,880 --> 00:17:57,240 way with that thank you very much um on 394 00:17:57,240 --> 00:18:01,000 a January 29 2021 Rod marel submitted 395 00:18:01,000 --> 00:18:03,159 five site plans paid fees and did 396 00:18:03,159 --> 00:18:06,120 everything that was outlined in both the 397 00:18:06,120 --> 00:18:08,840 comprehensive plans property zoning and 398 00:18:08,840 --> 00:18:12,159 town and building coastes this is now 399 00:18:12,159 --> 00:18:14,640 over three years seven 400 00:18:14,640 --> 00:18:19,200 months um youall have a copy of it uh 401 00:18:19,200 --> 00:18:24,039 the the February 24th 21 there was a 402 00:18:24,039 --> 00:18:26,280 planning zoning public 403 00:18:26,280 --> 00:18:31,640 hearing March 8th 20 21 and March 18th 404 00:18:31,640 --> 00:18:34,400 2021 I've provided copy for y'all to 405 00:18:34,400 --> 00:18:37,559 read but there was multiple members from 406 00:18:37,559 --> 00:18:39,600 the public multiple members from the 407 00:18:39,600 --> 00:18:46,470 public that spoke in opposition to this 408 00:18:46,480 --> 00:18:50,559 moratorium I'd say it was a 5 to 409 00:18:50,559 --> 00:18:53,600 one the public didn't 410 00:18:53,600 --> 00:18:56,000 speak um there was things that were 411 00:18:56,000 --> 00:18:58,000 addressed from the former planning 412 00:18:58,000 --> 00:19:01,080 administrator Mr kubak submitted by 413 00:19:01,080 --> 00:19:04,280 reading into a r uh into a record a 414 00:19:04,280 --> 00:19:06,200 letter from an attorney that represents 415 00:19:06,200 --> 00:19:09,799 a develop in the planning stage this 416 00:19:09,799 --> 00:19:11,720 affected the 417 00:19:11,720 --> 00:19:14,200 structure of a moratorium and allowed 418 00:19:14,200 --> 00:19:17,480 for one project it outlined the Planning 419 00:19:17,480 --> 00:19:21,870 and Zoning had the 420 00:19:21,880 --> 00:19:24,799 approval to issue that project's permit 421 00:19:24,799 --> 00:19:27,880 so this is where my line will start 422 00:19:27,880 --> 00:19:29,360 questioning 423 00:19:29,360 --> 00:19:34,360 um Mr Blitzer uh Mr Donovan that that 424 00:19:34,360 --> 00:19:37,520 project that was per that they were 425 00:19:37,520 --> 00:19:39,679 allowed to do a permit was that a 426 00:19:39,679 --> 00:19:42,280 project excuse me Mr Deval your question 427 00:19:42,280 --> 00:19:44,799 should be addressed to Mr Blitz Mr Donan 428 00:19:44,799 --> 00:19:47,830 already 429 00:19:47,840 --> 00:19:50,480 Justified I haven't haven't questioned 430 00:19:50,480 --> 00:19:53,320 any of I was asking which one of them to 431 00:19:53,320 --> 00:19:55,200 answer I'm 432 00:19:55,200 --> 00:19:57,640 sorry the applicant can I address the 433 00:19:57,640 --> 00:19:59,480 applicant yes 434 00:19:59,480 --> 00:20:04,320 okay the applicant um the project that 435 00:20:04,320 --> 00:20:08,679 was allowed to be approved by the 436 00:20:08,679 --> 00:20:12,000 Planning and Zoning um were you guys a 437 00:20:12,000 --> 00:20:14,000 party to that 438 00:20:14,000 --> 00:20:16,919 project are you asking about the rod and 439 00:20:16,919 --> 00:20:20,520 reel project um I'm asking on were the 440 00:20:20,520 --> 00:20:23,520 rod and reel property at me's Avenue is 441 00:20:23,520 --> 00:20:27,799 that the one no no no not that one there was a like a a a property 442 00:20:27,799 --> 00:20:29,960 development uh it was brought up in the 443 00:20:29,960 --> 00:20:33,320 March and there was a it was in a a 444 00:20:33,320 --> 00:20:36,080 planning stage and it didn't seem like 445 00:20:36,080 --> 00:20:40,360 that that you guys were it was a town 446 00:20:40,360 --> 00:20:42,559 homes I believe or 447 00:20:42,559 --> 00:20:45,120 something well that could have been Sate 448 00:20:45,120 --> 00:20:47,919 place I'm not sure okay okay so then I 449 00:20:47,919 --> 00:20:50,840 guess no I mean okay let me let me 450 00:20:50,840 --> 00:20:55,039 answer it this way the applicants have 451 00:20:55,039 --> 00:20:57,280 done the rot and reel in the kind of 452 00:20:57,280 --> 00:21:01,039 most recent P they did Harbor Vista 453 00:21:01,039 --> 00:21:02,760 South which they received preliminary 454 00:21:02,760 --> 00:21:06,760 site plan approval for which has since 455 00:21:06,760 --> 00:21:09,840 lapsed and then they filed these five 456 00:21:09,840 --> 00:21:11,679 applications that are at the heart of 457 00:21:11,679 --> 00:21:14,760 this case and that's for the State 458 00:21:14,760 --> 00:21:17,799 Property home place and the three Marina 459 00:21:17,799 --> 00:21:19,600 properties which are generally Harbor 460 00:21:19,600 --> 00:21:23,279 bista South West and North so those are 461 00:21:23,279 --> 00:21:25,240 the only 462 00:21:25,240 --> 00:21:28,960 properties that have been filed for if 463 00:21:28,960 --> 00:21:31,720 that's your question uh 464 00:21:31,720 --> 00:21:34,950 um 465 00:21:34,960 --> 00:21:39,760 so I'm not a lawyer but uh 466 00:21:39,760 --> 00:21:44,000 it the the moratorium uh I've I've tried 467 00:21:44,000 --> 00:21:46,520 to understand that if I could get your 468 00:21:46,520 --> 00:21:49,559 um legal opinion of the understanding in 469 00:21:49,559 --> 00:21:53,080 regards to uh these thing uh I believe 470 00:21:53,080 --> 00:21:55,320 that the moratorium was for planning 471 00:21:55,320 --> 00:22:00,480 zoning to not issue building permit 472 00:22:00,480 --> 00:22:07,630 12 months from when it was enacted it 473 00:22:07,640 --> 00:22:10,080 uh you're asking me that question okay 474 00:22:10,080 --> 00:22:12,240 so object objection if he's goingon to 475 00:22:12,240 --> 00:22:14,200 be testifying as an expert you know 476 00:22:14,200 --> 00:22:15,919 obviously we're going to have to open up 477 00:22:15,919 --> 00:22:18,039 Mr blitz's testimony again but if he's 478 00:22:18,039 --> 00:22:19,840 just asking him a question that's fine 479 00:22:19,840 --> 00:22:21,480 or if he's introducing new testimony 480 00:22:21,480 --> 00:22:23,080 that's going to be opening up to again 481 00:22:23,080 --> 00:22:25,159 further testimony but uh I'll leave that 482 00:22:25,159 --> 00:22:28,039 up to the chair Mr chair I'd like to 483 00:22:28,039 --> 00:22:33,279 address exhibit the next uh party there 484 00:22:33,279 --> 00:22:40,510 and move 485 00:22:40,520 --> 00:22:43,000 it uh can you let us know which one 486 00:22:43,000 --> 00:22:46,760 you're talking about um the the the 487 00:22:46,760 --> 00:22:51,640 second final yep no yep and uh 488 00:22:51,640 --> 00:22:54,400 you'll I I I'll I'll come to it but this 489 00:22:54,400 --> 00:22:57,320 is this other this further outlines that 490 00:22:57,320 --> 00:23:04,750 okay so 491 00:23:04,760 --> 00:23:09,269 um I'm just going to 492 00:23:09,279 --> 00:23:12,000 read it's my 493 00:23:12,000 --> 00:23:16,240 understanding as a person the general 494 00:23:16,240 --> 00:23:20,919 public I mean the only I I don't have 495 00:23:20,919 --> 00:23:23,640 any I think my sister worked for him 496 00:23:23,640 --> 00:23:25,880 when she was like 14 she's like 40 now 497 00:23:25,880 --> 00:23:27,760 you know I mean like like there's I have 498 00:23:27,760 --> 00:23:29,559 no attachment 499 00:23:29,559 --> 00:23:33,320 I moved to chese beach in 2023 and I had 500 00:23:33,320 --> 00:23:35,919 no idea the entire tension that was 501 00:23:35,919 --> 00:23:38,760 coming on just to put some context to 502 00:23:38,760 --> 00:23:42,279 how unrelated I am to any party in this 503 00:23:42,279 --> 00:23:44,760 I have no relation to any 504 00:23:44,760 --> 00:23:48,559 party no interest no 505 00:23:48,559 --> 00:23:51,279 anything I just want to have a town 506 00:23:51,279 --> 00:23:52,720 that's 507 00:23:52,720 --> 00:23:56,360 peaceful so I'm going to continue to 508 00:23:56,360 --> 00:23:59,480 read reviewing this 509 00:23:59,480 --> 00:24:02,039 also with the moratorium allowed them 510 00:24:02,039 --> 00:24:04,919 not to have to accept new applications 511 00:24:04,919 --> 00:24:07,400 and plans this was to provide them time 512 00:24:07,400 --> 00:24:09,200 to work on the new comprehensive plan 513 00:24:09,200 --> 00:24:11,440 and review the plan submitted but they 514 00:24:11,440 --> 00:24:13,320 did not have to issue permits for 12 515 00:24:13,320 --> 00:24:16,679 months this did not give them permission 516 00:24:16,679 --> 00:24:18,520 to just sit on their hands and do 517 00:24:18,520 --> 00:24:21,360 nothing with the submitted applications 518 00:24:21,360 --> 00:24:23,159 that had been submitted before the 519 00:24:23,159 --> 00:24:25,880 moratorium went into 520 00:24:25,880 --> 00:24:28,039 effect when these projects were 521 00:24:28,039 --> 00:24:29,000 submitted 522 00:24:29,000 --> 00:24:30,000 they were 523 00:24:30,000 --> 00:24:32,960 outlined as expected projects of the 524 00:24:32,960 --> 00:24:34,720 town's comprehensive 525 00:24:34,720 --> 00:24:38,799 plan they had an obligation to work on 526 00:24:38,799 --> 00:24:41,080 the completion of the new comprehensive 527 00:24:41,080 --> 00:24:44,039 plan with the acknowledgment these 528 00:24:44,039 --> 00:24:46,080 projects that were part of the existing 529 00:24:46,080 --> 00:24:49,120 comprehensive plan needed to be part of 530 00:24:49,120 --> 00:24:52,360 the new comprehensive plan as the owner 531 00:24:52,360 --> 00:24:54,480 by way of submitting these projects 532 00:24:54,480 --> 00:24:56,640 informed the Planning and Zoning 533 00:24:56,640 --> 00:25:00,039 Commission of their Contin intentions of 534 00:25:00,039 --> 00:25:03,039 development of the property the 535 00:25:03,039 --> 00:25:05,559 moratorium did not give them the 536 00:25:05,559 --> 00:25:08,559 permission to not fulfill their Duty as 537 00:25:08,559 --> 00:25:10,600 a Planning and Zoning commission that 538 00:25:10,600 --> 00:25:13,600 they had sworn and oath to fulfill the 539 00:25:13,600 --> 00:25:16,000 Planning and Zoning commission has 540 00:25:16,000 --> 00:25:20,240 refused to review this applicant's 541 00:25:20,240 --> 00:25:22,600 plans when reviewing the parties of 542 00:25:22,600 --> 00:25:26,640 record I see that I see them as myself 543 00:25:26,640 --> 00:25:30,159 and the others listed when the document 544 00:25:30,159 --> 00:25:34,720 dated May 1st 2024 the people who have 545 00:25:34,720 --> 00:25:36,520 cross-examined this applicant for the 546 00:25:36,520 --> 00:25:40,360 most part have not been members of the 547 00:25:40,360 --> 00:25:42,640 general public they are currently or 548 00:25:42,640 --> 00:25:45,559 were Pro previously a person who held 549 00:25:45,559 --> 00:25:47,600 either an elected position or an 550 00:25:47,600 --> 00:25:50,720 appointed position to the board this is 551 00:25:50,720 --> 00:25:53,399 of grave concern as during the public 552 00:25:53,399 --> 00:25:56,440 hearings about both the planning and 553 00:25:56,440 --> 00:25:58,360 zoning and the Town Council meaning 554 00:25:58,360 --> 00:26:00,200 there were quite a few members of the 555 00:26:00,200 --> 00:26:02,440 public who spoke in opposition to the 556 00:26:02,440 --> 00:26:05,320 moratorium the facts are very simple 557 00:26:05,320 --> 00:26:07,760 when the applicant submitted the plans 558 00:26:07,760 --> 00:26:09,520 for the proposed buildings on the site 559 00:26:09,520 --> 00:26:11,600 it was done before the motion foral 560 00:26:11,600 --> 00:26:13,679 Auditorium had a public hearing 561 00:26:13,679 --> 00:26:16,559 submitted before it had a Planning and 562 00:26:16,559 --> 00:26:18,520 Zoning hearing and well before the town 563 00:26:18,520 --> 00:26:20,840 council meeting this seems to me to be 564 00:26:20,840 --> 00:26:23,159 absurd as if someone bought a lottery 565 00:26:23,159 --> 00:26:25,120 ticket with the previous week's winner 566 00:26:25,120 --> 00:26:27,399 numbers and expected to have the ticket 567 00:26:27,399 --> 00:26:31,870 become the winning 568 00:26:31,880 --> 00:26:33,919 yes I the next page is where my 569 00:26:33,919 --> 00:26:38,350 questions are yeah 570 00:26:38,360 --> 00:26:41,039 yes there are so many hearings that have 571 00:26:41,039 --> 00:26:43,159 had multiple things done iner from not 572 00:26:43,159 --> 00:26:45,520 listening to the public the major change 573 00:26:45,520 --> 00:26:47,720 to the structure of our town done at a 574 00:26:47,720 --> 00:26:49,720 time when people were not able to go 575 00:26:49,720 --> 00:26:53,520 about life as Co D drastically affected 576 00:26:53,520 --> 00:26:56,000 everything to the town taking a very 577 00:26:56,000 --> 00:26:58,600 hard lines and pushing out and cre and 578 00:26:58,600 --> 00:27:00,840 divide between the public and its 579 00:27:00,840 --> 00:27:03,279 businesses 580 00:27:03,279 --> 00:27:07,080 questions Mr Blitz I have heard you make 581 00:27:07,080 --> 00:27:10,120 an argument about wanting to have this 582 00:27:10,120 --> 00:27:13,200 board order relief in order to to order 583 00:27:13,200 --> 00:27:14,919 the Planning and Zoning Board to review 584 00:27:14,919 --> 00:27:16,840 the projects as they are 585 00:27:16,840 --> 00:27:19,600 submitted and from the time and the 586 00:27:19,600 --> 00:27:21,840 rules of the time 587 00:27:21,840 --> 00:27:24,360 submission the question is is that 588 00:27:24,360 --> 00:27:26,000 generally what you are making your 589 00:27:26,000 --> 00:27:29,279 presentation in legal case for objection 590 00:27:29,279 --> 00:27:31,399 and I can appreciate use the I mean I 591 00:27:31,399 --> 00:27:33,760 could go on again if Mr Blitz is going 592 00:27:33,760 --> 00:27:35,039 to be giving his opinion on that that's 593 00:27:35,039 --> 00:27:36,760 going to open it up to further 594 00:27:36,760 --> 00:27:39,960 examination by me and others but uh but 595 00:27:39,960 --> 00:27:44,039 you know being a lay person know go 596 00:27:44,039 --> 00:27:47,679 ahead so is simple because everything 597 00:27:47,679 --> 00:27:50,000 I've read so I don't know how to ask a 598 00:27:50,000 --> 00:27:51,679 question without being 599 00:27:51,679 --> 00:27:55,600 interrupted by Mr pounds like everybody 600 00:27:55,600 --> 00:27:58,399 else has been able to I mean you've had 601 00:27:58,399 --> 00:28:01,159 board of appeals planning zoning members 602 00:28:01,159 --> 00:28:03,159 do a hypothetical dream question that 603 00:28:03,159 --> 00:28:05,799 you didn't object to let's let's try and 604 00:28:05,799 --> 00:28:08,880 get we we give you leeway thank you 605 00:28:08,880 --> 00:28:10,440 you've had a lot of you've been waiting 606 00:28:10,440 --> 00:28:12,760 for a long time to ask your questions um 607 00:28:12,760 --> 00:28:14,399 and you will have the chance to both 608 00:28:14,399 --> 00:28:16,360 state and ask more questions this isn't 609 00:28:16,360 --> 00:28:18,600 your last chance yes sir but if you if 610 00:28:18,600 --> 00:28:21,159 You' aim the ones you have I'm however 611 00:28:21,159 --> 00:28:24,000 it needs to be worded if you could I'll 612 00:28:24,000 --> 00:28:26,720 reord it but that's just 613 00:28:26,720 --> 00:28:29,200 basically I mean this is a lot like I 614 00:28:29,200 --> 00:28:31,559 said it's it's a year of hearings and 615 00:28:31,559 --> 00:28:33,080 then you 616 00:28:33,080 --> 00:28:36,960 have three and a half years of context 617 00:28:36,960 --> 00:28:39,399 that go into it just trying to simplify 618 00:28:39,399 --> 00:28:42,360 for just the general public that's like 619 00:28:42,360 --> 00:28:44,360 what the hell is going on it's very 620 00:28:44,360 --> 00:28:46,399 difficult yes it it is it I think it's 621 00:28:46,399 --> 00:28:49,840 really simple and I'm just trying to ask 622 00:28:49,840 --> 00:28:53,039 is a simple thing that you're asking 623 00:28:53,039 --> 00:28:56,480 that your projects that you submitted be 624 00:28:56,480 --> 00:29:00,710 reviewed when 625 00:29:00,720 --> 00:29:05,120 it so I think I'm not offering a legal 626 00:29:05,120 --> 00:29:07,840 opinion on this I'm merely saying what 627 00:29:07,840 --> 00:29:08,640 the 628 00:29:08,640 --> 00:29:11,320 application asks for 629 00:29:11,320 --> 00:29:14,240 Relief correct so I'm just going to set 630 00:29:14,240 --> 00:29:15,960 in answering this question I'm not 631 00:29:15,960 --> 00:29:20,480 giving any expertise or legal opinion 632 00:29:20,480 --> 00:29:22,679 I'm merely as the applicant's lawyer 633 00:29:22,679 --> 00:29:24,720 saying what our application seeks in 634 00:29:24,720 --> 00:29:26,640 relief because I think that 635 00:29:26,640 --> 00:29:29,600 answers his question 636 00:29:29,600 --> 00:29:31,399 you're just asking them I want to make 637 00:29:31,399 --> 00:29:33,159 sure Mr pounds understands that or 638 00:29:33,159 --> 00:29:37,320 agrees with it okay so the answer 639 00:29:37,320 --> 00:29:41,960 is yes but there are alternate forms of 640 00:29:41,960 --> 00:29:44,760 relief that we have asked for and I made 641 00:29:44,760 --> 00:29:45,600 a 642 00:29:45,600 --> 00:29:49,159 presentation about that relief in 643 00:29:49,159 --> 00:29:52,120 that the board has the power to step 644 00:29:52,120 --> 00:29:54,559 into the shoes of the administrators so 645 00:29:54,559 --> 00:29:57,640 they can review the plans themselves and 646 00:29:57,640 --> 00:30:00,600 do site plan review or they can order 647 00:30:00,600 --> 00:30:01,760 the Planning and Zoning commission and 648 00:30:01,760 --> 00:30:03,960 the zoning administrator to do their 649 00:30:03,960 --> 00:30:06,240 jobs but it is correct that we're asking 650 00:30:06,240 --> 00:30:08,559 for the law that existed at the time of 651 00:30:08,559 --> 00:30:12,200 the applications be applied to those 652 00:30:12,200 --> 00:30:14,080 applications does that answer your 653 00:30:14,080 --> 00:30:17,399 question yes it does and at the first it 654 00:30:17,399 --> 00:30:20,039 was very confusing but as I put together 655 00:30:20,039 --> 00:30:22,519 how long this timeline is I 656 00:30:22,519 --> 00:30:26,919 mean it's a long time okay I see that 657 00:30:26,919 --> 00:30:31,430 within your submitted documents exhibit 658 00:30:31,440 --> 00:30:34,840 to an application and payment to have 659 00:30:34,840 --> 00:30:36,600 your case heard by the boards appeals 660 00:30:36,600 --> 00:30:40,600 dated June 24th 2022 this was over two 661 00:30:40,600 --> 00:30:44,360 years ago I see that in exhibit three is 662 00:30:44,360 --> 00:30:47,279 the circuit court order to the town of 663 00:30:47,279 --> 00:30:50,960 chesp beach allow your applicant to have 664 00:30:50,960 --> 00:30:53,880 a board of appeals hearing are you 665 00:30:53,880 --> 00:30:55,880 expecting me as a member of the public 666 00:30:55,880 --> 00:30:57,679 to really believe that your client who 667 00:30:57,679 --> 00:31:00,120 is largest property owner along with the 668 00:31:00,120 --> 00:31:02,559 highest taxpaying business in this town 669 00:31:02,559 --> 00:31:04,480 that this case is really about building 670 00:31:04,480 --> 00:31:06,519 plans and not targeting a client a 671 00:31:06,519 --> 00:31:09,509 personal 672 00:31:09,519 --> 00:31:11,919 conflict 673 00:31:11,919 --> 00:31:17,159 oh yes we're we're asking for Relief 674 00:31:17,159 --> 00:31:19,799 that flows from the administrative 675 00:31:19,799 --> 00:31:23,080 action that we filed which is site plan 676 00:31:23,080 --> 00:31:26,919 review and Zoning permits applications 677 00:31:26,919 --> 00:31:28,760 so it's 678 00:31:28,760 --> 00:31:32,480 about getting that review it doesn't 679 00:31:32,480 --> 00:31:35,039 presume that that review is necessarily 680 00:31:35,039 --> 00:31:37,279 successful that is there's all kinds of 681 00:31:37,279 --> 00:31:39,639 facts that get brought up in 682 00:31:39,639 --> 00:31:43,440 review um of a of an application but 683 00:31:43,440 --> 00:31:48,360 it's saying that the denial of that 684 00:31:48,360 --> 00:31:50,960 review was wrongful and therefore that's 685 00:31:50,960 --> 00:31:53,760 what we're asking for is that review and 686 00:31:53,760 --> 00:31:56,360 as I just stated to the first in 687 00:31:56,360 --> 00:31:58,320 answering your first question there's an 688 00:31:58,320 --> 00:32:01,320 alternate way that the board is 689 00:32:01,320 --> 00:32:05,159 empowered to provide that 690 00:32:05,159 --> 00:32:08,440 relief I I personally would prefer the 691 00:32:08,440 --> 00:32:12,559 board do the do the plan reviews 692 00:32:12,559 --> 00:32:16,519 themselves but that's really up to them 693 00:32:16,519 --> 00:32:20,600 um so and I 694 00:32:20,600 --> 00:32:22,919 don't the last part of your question and 695 00:32:22,919 --> 00:32:25,240 not targeting your client out of 696 00:32:25,240 --> 00:32:28,360 personal conflict I mean it's it's clear 697 00:32:28,360 --> 00:32:32,039 that the town targeted the rod and Rio 698 00:32:32,039 --> 00:32:34,880 applications in doing the moratorium it 699 00:32:34,880 --> 00:32:35,559 I 700 00:32:35,559 --> 00:32:39,399 mean I'm G to the term targeted but you 701 00:32:39,399 --> 00:32:44,430 know please 702 00:32:44,440 --> 00:32:50,639 proceed say you Rie if you review the hearings you you'll hear the Town 703 00:32:50,639 --> 00:32:54,679 Council and mention them words I mean 704 00:32:54,679 --> 00:32:56,399 the resol the resolution passing the 705 00:32:56,399 --> 00:32:58,320 moratorium literally refer ref to these 706 00:32:58,320 --> 00:32:59,559 five site 707 00:32:59,559 --> 00:33:03,840 plans um and as the reason for the 708 00:33:03,840 --> 00:33:07,320 moratorium so I I could probably speak 709 00:33:07,320 --> 00:33:10,360 for about 45 minutes on all the evidence 710 00:33:10,360 --> 00:33:12,880 that we've provided that just a yes yes 711 00:33:12,880 --> 00:33:13,600 or 712 00:33:13,600 --> 00:33:19,240 no yeah like yeah it's like okay yeah I 713 00:33:19,240 --> 00:33:23,399 mean yeah yeah I mean 714 00:33:23,399 --> 00:33:25,000 it's 715 00:33:25,000 --> 00:33:30,000 um I've watched many more hearings as I 716 00:33:30,000 --> 00:33:32,559 said but I will just note a few of these 717 00:33:32,559 --> 00:33:34,919 on 911 718 00:33:34,919 --> 00:33:38,320 2019 you could hear the town would not 719 00:33:38,320 --> 00:33:41,880 be liable to pay somebody for the 720 00:33:41,880 --> 00:33:45,080 property 12:15 721 00:33:45,080 --> 00:33:53,240 2019 and uh 128 2021 224 2021 um on 722 00:33:53,240 --> 00:33:56,200 10:27 2021 the planning and zerning 723 00:33:56,200 --> 00:33:59,600 chair addressed misconduct between the 724 00:33:59,600 --> 00:34:01,919 Planning and Zoning 725 00:34:01,919 --> 00:34:05,679 Commissioners 119 2021 these videos of 726 00:34:05,679 --> 00:34:07,159 the hearing showed an incredible amount 727 00:34:07,159 --> 00:34:09,280 of tension from some members of planning 728 00:34:09,280 --> 00:34:12,079 asson directed towards Roden reil Mr 729 00:34:12,079 --> 00:34:14,359 Blitz do you have a record of all the 730 00:34:14,359 --> 00:34:17,440 meetings you have attended regarding 731 00:34:17,440 --> 00:34:19,000 this 732 00:34:19,000 --> 00:34:21,879 matter no I don't have a record that is 733 00:34:21,879 --> 00:34:26,079 I would be able to assemble a record I 734 00:34:26,079 --> 00:34:28,359 suppose kind of depends on how far back 735 00:34:28,359 --> 00:34:30,720 it goes uh 736 00:34:30,720 --> 00:34:33,359 2019 maybe not because I was thinking 737 00:34:33,359 --> 00:34:35,399 about my billing records if that would 738 00:34:35,399 --> 00:34:38,119 show that I attended a meeting I I 739 00:34:38,119 --> 00:34:39,639 watched a lot of the Planning and Zoning 740 00:34:39,639 --> 00:34:43,399 meetings um without attending them so I 741 00:34:43,399 --> 00:34:46,919 knew what they were doing and saying um 742 00:34:46,919 --> 00:34:49,000 if that gets to your answering your 743 00:34:49,000 --> 00:34:52,720 question I I know I did attend some the 744 00:34:52,720 --> 00:34:54,560 way you would find out which ones I 745 00:34:54,560 --> 00:34:56,839 attended would be to find out whether 746 00:34:56,839 --> 00:34:59,920 the minutes disclose that I provided 747 00:34:59,920 --> 00:35:06,720 testimony on beh or some sort of um statement on behalf 748 00:35:06,720 --> 00:35:09,160 of the rod and reel with respect to the 749 00:35:09,160 --> 00:35:11,640 process they were engaged in um that 750 00:35:11,640 --> 00:35:13,160 happened a number of times but it would 751 00:35:13,160 --> 00:35:15,280 be reflected in the minutes 752 00:35:15,280 --> 00:35:17,960 because there was no time where I 753 00:35:17,960 --> 00:35:20,400 attended a 754 00:35:20,400 --> 00:35:22,640 meeting now that's not true because I 755 00:35:22,640 --> 00:35:24,440 attended Zoom meetings I was going to 756 00:35:24,440 --> 00:35:26,000 say I didn't attend without saying 757 00:35:26,000 --> 00:35:28,760 something but I did watch 758 00:35:28,760 --> 00:35:30,640 Zoom meetings or when they were doing 759 00:35:30,640 --> 00:35:31,599 Zoom 760 00:35:31,599 --> 00:35:33,720 meetings I don't know what I'm not sure 761 00:35:33,720 --> 00:35:36,440 it's relevant but wow just to think how 762 00:35:36,440 --> 00:35:38,440 I or anyone from the public would expect 763 00:35:38,440 --> 00:35:40,800 to stand a chance if the town gets upset 764 00:35:40,800 --> 00:35:44,480 with you Mr Blitz attachment D list of 765 00:35:44,480 --> 00:35:46,680 adjoining properties would you explain 766 00:35:46,680 --> 00:35:50,720 the reason this is needed yes under the 767 00:35:50,720 --> 00:35:54,280 town code when an applicant 768 00:35:54,280 --> 00:35:56,720 files a application for a board of 769 00:35:56,720 --> 00:35:59,160 appeals review of 770 00:35:59,160 --> 00:36:02,160 error or it also applies to 771 00:36:02,160 --> 00:36:04,720 interpretation appeals probably also 772 00:36:04,720 --> 00:36:06,079 applies to variance of special 773 00:36:06,079 --> 00:36:09,880 exceptions but in this case what the the 774 00:36:09,880 --> 00:36:12,400 ordinance requires that all of the 775 00:36:12,400 --> 00:36:15,079 adjoining properties be identified so 776 00:36:15,079 --> 00:36:18,920 that the town can send certified letters 777 00:36:18,920 --> 00:36:24,160 notifying them of the um of the pendency 778 00:36:24,160 --> 00:36:26,960 of the board of appeals case so that's 779 00:36:26,960 --> 00:36:28,960 why all that list of all those 780 00:36:28,960 --> 00:36:30,720 properties was 781 00:36:30,720 --> 00:36:33,599 provided I I see Mr Brown listed as one 782 00:36:33,599 --> 00:36:35,319 of the property owners this was the 783 00:36:35,319 --> 00:36:36,760 chair of the Planning and Zoning 784 00:36:36,760 --> 00:36:38,720 commission and when the moratorium was 785 00:36:38,720 --> 00:36:41,040 introduced and voted on it is not to say 786 00:36:41,040 --> 00:36:43,640 or imply ill intent on the part of Mr 787 00:36:43,640 --> 00:36:47,119 Browns but as shown by the way of the 788 00:36:47,119 --> 00:36:49,800 chair Mr honstar the proper thing would 789 00:36:49,800 --> 00:36:53,390 have been to recluse 790 00:36:53,400 --> 00:36:56,319 himself I personally think Mr Brown had 791 00:36:56,319 --> 00:36:58,960 good intentions but as the saying goes 792 00:36:58,960 --> 00:37:01,000 the path to hell is paved with good 793 00:37:01,000 --> 00:37:03,119 intentions councilman thinkink 794 00:37:03,119 --> 00:37:05,599 councilwoman Hartman councilman jorski 795 00:37:05,599 --> 00:37:08,720 have neighboring properties also Seagate 796 00:37:08,720 --> 00:37:10,839 Town Homes did you cross reference or 797 00:37:10,839 --> 00:37:13,280 investigate any of these Property 798 00:37:13,280 --> 00:37:16,400 Owners would you repeat that no I did 799 00:37:16,400 --> 00:37:19,560 not I didn't investigate I'm not sure 800 00:37:19,560 --> 00:37:21,440 what you mean by cross reference but 801 00:37:21,440 --> 00:37:23,119 cross reference like uh so there's a 802 00:37:23,119 --> 00:37:25,079 conflict of interest three three 803 00:37:25,079 --> 00:37:28,280 councilman in uh live in Seagate 804 00:37:28,280 --> 00:37:31,640 uh and Mr Brown was planning all of them 805 00:37:31,640 --> 00:37:33,680 were like part of that listed properties 806 00:37:33,680 --> 00:37:37,040 okay so even if they had a possible 807 00:37:37,040 --> 00:37:39,640 conflict of interest what the law states 808 00:37:39,640 --> 00:37:41,720 is that they still get notice of the 809 00:37:41,720 --> 00:37:44,079 board of appeals case so if they were in 810 00:37:44,079 --> 00:37:46,680 adjoining property their property was 811 00:37:46,680 --> 00:37:48,680 listed and that they got sent to 812 00:37:48,680 --> 00:37:52,200 certified mail uh issues of conflict can 813 00:37:52,200 --> 00:37:54,240 come later or be determined at their 814 00:37:54,240 --> 00:37:56,319 hearings or meetings or whatever context 815 00:37:56,319 --> 00:37:58,319 it's provided but no I didn't do any 816 00:37:58,319 --> 00:38:01,720 research about any of the properties uh 817 00:38:01,720 --> 00:38:03,680 other than identifying which properties 818 00:38:03,680 --> 00:38:06,240 were adjoining the five properties for 819 00:38:06,240 --> 00:38:07,839 the rod and reel 820 00:38:07,839 --> 00:38:10,280 applications I asked Meed a few items to 821 00:38:10,280 --> 00:38:12,000 this board asking for the public to have 822 00:38:12,000 --> 00:38:13,960 a fear Fair standing and a voice in this 823 00:38:13,960 --> 00:38:16,000 hearing but this was before I saw that 824 00:38:16,000 --> 00:38:18,160 nobody from the public comments were 825 00:38:18,160 --> 00:38:19,880 considered in 826 00:38:19,880 --> 00:38:22,040 consideration with this matter at the 827 00:38:22,040 --> 00:38:25,240 previous hearings this is how you 828 00:38:25,240 --> 00:38:27,640 silence the public 829 00:38:27,640 --> 00:38:30,200 um sir we have repeated time and time 830 00:38:30,200 --> 00:38:33,200 again I have three three more sent just 831 00:38:33,200 --> 00:38:34,880 second we have repeated time and time 832 00:38:34,880 --> 00:38:36,160 again and since you've been part of this 833 00:38:36,160 --> 00:38:37,960 you've heard this time and time again 834 00:38:37,960 --> 00:38:40,560 but we do have a process and there is a 835 00:38:40,560 --> 00:38:42,680 place for you to speak I just want you 836 00:38:42,680 --> 00:38:44,160 to make sure that you know this last 837 00:38:44,160 --> 00:38:46,960 time you wait just one moment last time 838 00:38:46,960 --> 00:38:48,599 you said you did not want to speak at 839 00:38:48,599 --> 00:38:50,680 that time you gave up that moment to 840 00:38:50,680 --> 00:38:52,800 speak we are letting you speak right now 841 00:38:52,800 --> 00:38:55,319 and we will let you speak again later so 842 00:38:55,319 --> 00:38:57,640 we have made this 843 00:38:57,640 --> 00:39:00,119 available to people in the order of the 844 00:39:00,119 --> 00:39:05,470 process okay just apologize the 845 00:39:05,480 --> 00:39:08,480 board assume that I was referring to 846 00:39:08,480 --> 00:39:11,000 this hearing this hearing has been 847 00:39:11,000 --> 00:39:14,119 exceptionally well and I'm very thankful 848 00:39:14,119 --> 00:39:15,720 for that was a clarification you're 849 00:39:15,720 --> 00:39:19,800 stating this in general I'm stating 850 00:39:19,800 --> 00:39:23,640 why the people aren't here is because 851 00:39:23,640 --> 00:39:27,760 previously their voice was not heard and 852 00:39:27,760 --> 00:39:31,839 so the inaction the disregard to the 853 00:39:31,839 --> 00:39:34,520 public this is how you silence and 854 00:39:34,520 --> 00:39:36,520 that's why there's not more people here 855 00:39:36,520 --> 00:39:38,599 speaking because it's like what does it 856 00:39:38,599 --> 00:39:41,720 matter we're not going to be heard if 857 00:39:41,720 --> 00:39:43,839 you review there was a lot of people 858 00:39:43,839 --> 00:39:46,680 that spoke and I mean this was during Co 859 00:39:46,680 --> 00:39:49,400 people were in Zoom calls people came 860 00:39:49,400 --> 00:39:51,800 here there was a ton of people and this 861 00:39:51,800 --> 00:39:53,640 is how you silence the public and we do 862 00:39:53,640 --> 00:39:55,079 not want to do that we want to fight 863 00:39:55,079 --> 00:39:57,040 against that we we're trying our best 864 00:39:57,040 --> 00:39:57,960 here 865 00:39:57,960 --> 00:40:01,400 great J so please take your time to 866 00:40:01,400 --> 00:40:03,800 question Mr Blitz now and as before all 867 00:40:03,800 --> 00:40:05,520 members of the public will have their a 868 00:40:05,520 --> 00:40:08,119 full dedicated meeting at least to voice 869 00:40:08,119 --> 00:40:09,520 any concerns they have about this 870 00:40:09,520 --> 00:40:12,119 particular proceeding we cannot fix what 871 00:40:12,119 --> 00:40:13,960 other boards or people have done we can 872 00:40:13,960 --> 00:40:15,599 just try and 873 00:40:15,599 --> 00:40:19,119 do I ask this board to of appeals to 874 00:40:19,119 --> 00:40:20,880 recall the threat made by Mr pound that 875 00:40:20,880 --> 00:40:23,920 I raised my concerns in my letter I 876 00:40:23,920 --> 00:40:26,040 submitted about Miss bound's Behavior 877 00:40:26,040 --> 00:40:28,400 towards Mr fiser I have provided you 878 00:40:28,400 --> 00:40:30,720 guys document showing that this Threat 879 00:40:30,720 --> 00:40:33,400 by Mr pal is not just empty words but 880 00:40:33,400 --> 00:40:35,760 one of action and that he is removed 881 00:40:35,760 --> 00:40:38,920 from this hearing as a conflict of 882 00:40:38,920 --> 00:40:41,400 interest we've received your letters and 883 00:40:41,400 --> 00:40:44,839 we also deferred most of them in the 884 00:40:44,839 --> 00:40:46,800 first section of this hearing we were 885 00:40:46,800 --> 00:40:48,319 not trying to brush anything under the 886 00:40:48,319 --> 00:40:50,040 rug but we were trying to keep things 887 00:40:50,040 --> 00:40:53,280 moving in that it was Mr blitz's I tell 888 00:40:53,280 --> 00:40:56,280 you the judge tomorrow morning sorry I 889 00:40:56,280 --> 00:40:58,319 tell the judge tomorrow morning I'm 890 00:40:58,319 --> 00:41:01,160 afraid we can't do I mean okay you 891 00:41:01,160 --> 00:41:04,280 understand you like I a conflict his 892 00:41:04,280 --> 00:41:06,480 actions and his threats are being met 893 00:41:06,480 --> 00:41:16,230 with so and I'm with a 894 00:41:16,240 --> 00:41:18,640 record the applicant along with his 895 00:41:18,640 --> 00:41:21,599 sister M Mr Mary lamb publicly warn the 896 00:41:21,599 --> 00:41:23,880 people of ches beach that this 897 00:41:23,880 --> 00:41:25,480 moratorium was not just about the 898 00:41:25,480 --> 00:41:27,800 ability to build or not build but more 899 00:41:27,800 --> 00:41:31,240 importantly our rights as a community I 900 00:41:31,240 --> 00:41:34,560 sadly believe that Miss Mary Lam was 901 00:41:34,560 --> 00:41:37,359 correct Mr chair and board members I ask 902 00:41:37,359 --> 00:41:40,920 you to recall case 24 903 00:41:40,920 --> 00:41:44,000 20242 the hearing where this body's 904 00:41:44,000 --> 00:41:47,000 chair recused himself to remove any 905 00:41:47,000 --> 00:41:49,480 doubt of conflict of 906 00:41:49,480 --> 00:41:53,040 interest inappropriate to oversee the 907 00:41:53,040 --> 00:41:54,720 hearing as he thought it was 908 00:41:54,720 --> 00:41:56,359 inappropriate to oversee the hearing not 909 00:41:56,359 --> 00:41:59,910 just refrain from 910 00:41:59,920 --> 00:42:02,560 V I plead with this board of appeals to 911 00:42:02,560 --> 00:42:04,160 see that you have the authority to bring 912 00:42:04,160 --> 00:42:07,079 this to an end this wrongdoing that was 913 00:42:07,079 --> 00:42:09,359 done by the elected mayor by way of town 914 00:42:09,359 --> 00:42:11,400 Administration and joining administrator 915 00:42:11,400 --> 00:42:13,680 elected Town Council and selective 916 00:42:13,680 --> 00:42:15,119 putting together a plan exting 917 00:42:15,119 --> 00:42:18,319 commission to enact his agenda we as a 918 00:42:18,319 --> 00:42:20,880 community must protect our rights this 919 00:42:20,880 --> 00:42:24,280 is not only about building and property 920 00:42:24,280 --> 00:42:33,069 rights thank you thank you 921 00:42:33,079 --> 00:42:35,359 hey just completely off the Record 922 00:42:35,359 --> 00:42:36,520 because you mentioned the hearing 923 00:42:36,520 --> 00:42:40,520 tomorrow the chair he has a Mr uh the VA 924 00:42:40,520 --> 00:42:44,640 has a um a violation against him for 925 00:42:44,640 --> 00:42:46,640 various violations of the city ordinance 926 00:42:46,640 --> 00:42:49,800 or town ordinance um just let you know a 927 00:42:49,800 --> 00:42:51,319 continuance was filed because I have a 928 00:42:51,319 --> 00:42:53,240 conflict in another matter so you may 929 00:42:53,240 --> 00:42:55,559 want to double check that I don't think 930 00:42:55,559 --> 00:42:56,800 there's going to be a case to nor but 931 00:42:56,800 --> 00:42:59,829 just letting you 932 00:42:59,839 --> 00:43:03,640 know uh let us continue anybody else 933 00:43:03,640 --> 00:43:05,960 would like to ask questions of Mr 934 00:43:05,960 --> 00:43:08,990 blitz's 935 00:43:09,000 --> 00:43:13,309 present it was not already done 936 00:43:13,319 --> 00:43:15,880 so uh that was just about to be 937 00:43:15,880 --> 00:43:18,280 next I guess uh if there's no more 938 00:43:18,280 --> 00:43:20,599 members of the public uh members of the 939 00:43:20,599 --> 00:43:22,880 board the floor is also free if you 940 00:43:22,880 --> 00:43:26,119 would like to ask questions of uh Mr 941 00:43:26,119 --> 00:43:48,910 Blitz 942 00:43:48,920 --> 00:43:52,240 um I just wanted this has come up and I 943 00:43:52,240 --> 00:43:53,599 just want to 944 00:43:53,599 --> 00:43:57,839 clarify just so we all but so you have 945 00:43:57,839 --> 00:44:00,760 been an attorney for both the town and 946 00:44:00,760 --> 00:44:03,920 the rod and reel correct I I stopped my 947 00:44:03,920 --> 00:44:07,670 representation of the town in 948 00:44:07,680 --> 00:44:11,720 2008 and um just so we know like where 949 00:44:11,720 --> 00:44:14,920 all the whatever who who were who was in 950 00:44:14,920 --> 00:44:16,559 office of the town with you like who was 951 00:44:16,559 --> 00:44:18,359 the mayor the Planning and Zoning 952 00:44:18,359 --> 00:44:20,920 administrator the town engineer remember 953 00:44:20,920 --> 00:44:24,240 the mayor was Gerald 954 00:44:24,240 --> 00:44:27,160 Donovan the zoning administrator was 955 00:44:27,160 --> 00:44:31,309 Chris 956 00:44:31,319 --> 00:44:35,559 jbak uh I I think 957 00:44:35,559 --> 00:44:38,520 I I'm pretty sure he was because Bill 958 00:44:38,520 --> 00:44:41,400 Watson was the zoning administrator for 959 00:44:41,400 --> 00:44:43,520 a while while Chris was acting as kind 960 00:44:43,520 --> 00:44:46,040 of like a planner but then I at some 961 00:44:46,040 --> 00:44:48,160 point in time Chris became the actual 962 00:44:48,160 --> 00:44:51,079 zoning administrator so my memory of 963 00:44:51,079 --> 00:44:52,839 that is a little hazy and then who else 964 00:44:52,839 --> 00:44:57,599 did you ask uh the engineer the engineer 965 00:44:57,599 --> 00:45:00,240 well that W that depended on the type of 966 00:45:00,240 --> 00:45:01,760 project so there was Engineers for 967 00:45:01,760 --> 00:45:03,920 different things Paul Woodburn did kind 968 00:45:03,920 --> 00:45:08,280 of like the general stuff okay at 2008 I 969 00:45:08,280 --> 00:45:10,920 think that would been Paul Woodburn yeah 970 00:45:10,920 --> 00:45:13,160 but there was lots of Engineers doing 971 00:45:13,160 --> 00:45:14,280 all kind of things we had Sterns and 972 00:45:14,280 --> 00:45:18,480 Wheeler doing the the uh water and 973 00:45:18,480 --> 00:45:20,200 sewer 974 00:45:20,200 --> 00:45:23,440 um there was engineer there's always um 975 00:45:23,440 --> 00:45:27,520 you know there's also um Paula 976 00:45:27,520 --> 00:45:31,440 Guffy Guffy Guffy she was the town 977 00:45:31,440 --> 00:45:34,160 engineer and maybe maybe my memory is 978 00:45:34,160 --> 00:45:37,599 wrong maybe it it was Paul up to a 979 00:45:37,599 --> 00:45:40,319 certain point and then Paula Guffy 980 00:45:40,319 --> 00:45:42,200 because I know she was 981 00:45:42,200 --> 00:45:45,040 acting but that's just too far back for 982 00:45:45,040 --> 00:45:46,960 me to remember 983 00:45:46,960 --> 00:45:49,240 exactly with without some documents or 984 00:45:49,240 --> 00:45:52,599 trying to okay and then was it in 2008 985 00:45:52,599 --> 00:45:55,680 you switched over to work for Rod and 986 00:45:55,680 --> 00:45:58,040 Reel or was there I thought I understood 987 00:45:58,040 --> 00:45:59,920 that there was some overlap when did no 988 00:45:59,920 --> 00:46:02,319 I I had the firm had always represented 989 00:46:02,319 --> 00:46:04,680 and everybody knew it the rod and reel 990 00:46:04,680 --> 00:46:08,720 and the town okay and any matter that 991 00:46:08,720 --> 00:46:11,880 involved the town and the rod and reel 992 00:46:11,880 --> 00:46:14,880 Gerald recused himself I recused myself 993 00:46:14,880 --> 00:46:17,599 and other professionals were brought 994 00:46:17,599 --> 00:46:19,400 in 995 00:46:19,400 --> 00:46:20,440 okay 996 00:46:20,440 --> 00:46:23,119 [Music] 997 00:46:23,119 --> 00:46:30,480 um so in your role in both the town and Roden reel um you're the attorney 998 00:46:30,480 --> 00:46:32,480 and so when there are site plans and 999 00:46:32,480 --> 00:46:36,200 whatnot do you assist the town engineer 1000 00:46:36,200 --> 00:46:37,800 or the the engineer that's working for 1001 00:46:37,800 --> 00:46:39,760 the rod and reel whoever it might be do 1002 00:46:39,760 --> 00:46:42,880 you assist them in the legalities of the 1003 00:46:42,880 --> 00:46:45,839 plan um whether there are limitations 1004 00:46:45,839 --> 00:46:48,040 for building whether there's zoning 1005 00:46:48,040 --> 00:46:50,480 codes whatever are you involved in that 1006 00:46:50,480 --> 00:46:52,880 not if it involved the rod and reel 1007 00:46:52,880 --> 00:46:55,400 because I recused myself so I I would 1008 00:46:55,400 --> 00:46:57,680 not have worked on projects involving 1009 00:46:57,680 --> 00:47:00,480 the rod and reel while you were town in 1010 00:47:00,480 --> 00:47:04,119 town oh yeah afterwards U well 1011 00:47:04,119 --> 00:47:05,800 immediately afterwards I was moving to 1012 00:47:05,800 --> 00:47:09,079 San Diego and supposed to go to the do a 1013 00:47:09,079 --> 00:47:10,559 project in the Philippines that fell 1014 00:47:10,559 --> 00:47:14,000 through and so I was kind of uh retired 1015 00:47:14,000 --> 00:47:16,880 out of practice for some period of time 1016 00:47:16,880 --> 00:47:20,599 after that and then I came back decided 1017 00:47:20,599 --> 00:47:22,079 to stay in 1018 00:47:22,079 --> 00:47:24,599 Maryland and then picked up doing more 1019 00:47:24,599 --> 00:47:27,240 work for the rod and reel okay but the 1020 00:47:27,240 --> 00:47:30,000 had represented the rotten reel since 1021 00:47:30,000 --> 00:47:33,480 70s okay so in these site plans for 1022 00:47:33,480 --> 00:47:35,599 example the site plans that are 1023 00:47:35,599 --> 00:47:38,160 applications in this case correct yes so 1024 00:47:38,160 --> 00:47:40,440 do you have that role to provide the 1025 00:47:40,440 --> 00:47:44,839 legal um justifications or advice or 1026 00:47:44,839 --> 00:47:47,760 whatever to the to the engineer whoever 1027 00:47:47,760 --> 00:47:49,160 else is putting this together they have 1028 00:47:49,160 --> 00:47:51,880 them I don't know that I mean Mr 1029 00:47:51,880 --> 00:47:54,359 Woodburn prepared the applications The 1030 00:47:54,359 --> 00:47:58,400 Architects working with the engineers 1031 00:47:58,400 --> 00:48:01,160 the the building Engineers so you got a 1032 00:48:01,160 --> 00:48:03,760 Geotech engineer all those team of 1033 00:48:03,760 --> 00:48:06,240 people it's not just Paul Woodburn a 1034 00:48:06,240 --> 00:48:08,280 whole team of people including the 1035 00:48:08,280 --> 00:48:13,000 proposed contractor would work on the development such that you know what 1036 00:48:13,000 --> 00:48:14,559 you're proposing to 1037 00:48:14,559 --> 00:48:17,520 build if there were questions they would 1038 00:48:17,520 --> 00:48:19,640 have perhaps asked me whether they did 1039 00:48:19,640 --> 00:48:23,000 or not I I shouldn't you know get into 1040 00:48:23,000 --> 00:48:26,800 the kind of test the attorney client 1041 00:48:26,800 --> 00:48:29,200 relationship right okay but it's more on 1042 00:48:29,200 --> 00:48:32,040 a um as needed basis you'd provide legal 1043 00:48:32,040 --> 00:48:33,839 assistance not that you 1044 00:48:33,839 --> 00:48:36,440 were actively looking did that fair 1045 00:48:36,440 --> 00:48:37,480 enough to 1046 00:48:37,480 --> 00:48:39,960 say I knew that the plans were being 1047 00:48:39,960 --> 00:48:42,319 developed right to to file them yes I 1048 00:48:42,319 --> 00:48:44,520 knew that okay and so I I was aware I 1049 00:48:44,520 --> 00:48:45,559 don't want to pretend that I wasn't 1050 00:48:45,559 --> 00:48:48,160 aware of them no I was certainly aware 1051 00:48:48,160 --> 00:48:50,119 of them yeah no I'm not I'm not um I'm 1052 00:48:50,119 --> 00:48:52,520 not suggesting that at all um I'm just 1053 00:48:52,520 --> 00:48:55,799 suggesting that then your engineer your 1054 00:48:55,799 --> 00:48:57,240 architect whatever else that they'd be 1055 00:48:57,240 --> 00:48:59,200 like hey is there a conflict legally 1056 00:48:59,200 --> 00:49:00,920 with this that they would then go to you 1057 00:49:00,920 --> 00:49:02,280 for that assistance you wouldn't just 1058 00:49:02,280 --> 00:49:04,319 say hey I saw in here that's all I'm 1059 00:49:04,319 --> 00:49:06,839 saying you're had a 1060 00:49:06,839 --> 00:49:09,440 conflict if there was a concern raised 1061 00:49:09,440 --> 00:49:12,599 at all with any with the the site plans 1062 00:49:12,599 --> 00:49:15,200 these were developed in 1063 00:49:15,200 --> 00:49:18,280 2020 well the December November December 1064 00:49:18,280 --> 00:49:20,440 of 2020 going into 1065 00:49:20,440 --> 00:49:24,240 2021 so Paul Woodburn had long left 1066 00:49:24,240 --> 00:49:26,520 employment of the Town other Engineers 1067 00:49:26,520 --> 00:49:28,079 that I know of that worked on the 1068 00:49:28,079 --> 00:49:30,000 projects had nothing to do with the town 1069 00:49:30,000 --> 00:49:31,559 oh I'm not even discussing the town I'm 1070 00:49:31,559 --> 00:49:34,079 just saying Your Role with the building 1071 00:49:34,079 --> 00:49:37,079 of a site plan the attorney I was just I 1072 00:49:37,079 --> 00:49:39,000 was trying to I was trying to understand 1073 00:49:39,000 --> 00:49:41,680 if you were more available for 1074 00:49:41,680 --> 00:49:43,720 consultation in that regard or if you're 1075 00:49:43,720 --> 00:49:46,160 an active participant I would describe 1076 00:49:46,160 --> 00:49:49,119 myself as an active participant 1077 00:49:49,119 --> 00:49:51,000 because they weren't always legal 1078 00:49:51,000 --> 00:49:52,400 questions though sometimes I was looking 1079 00:49:52,400 --> 00:49:54,640 at how how expensive it was and I had an 1080 00:49:54,640 --> 00:49:57,640 opinion about that right that 1081 00:49:57,640 --> 00:50:00,520 but I yes I certainly was involved in 1082 00:50:00,520 --> 00:50:02,960 the preparation of these plans that were 1083 00:50:02,960 --> 00:50:05,960 submitted the details of the actual 1084 00:50:05,960 --> 00:50:09,480 applications are all done by Paul 1085 00:50:09,480 --> 00:50:14,200 wood okay um and I should say because 1086 00:50:14,200 --> 00:50:16,880 they involve buildings the contractor 1087 00:50:16,880 --> 00:50:18,440 the architect and all these other 1088 00:50:18,440 --> 00:50:21,079 professionals that part of the 1089 00:50:21,079 --> 00:50:24,440 team you know they Paul does the site 1090 00:50:24,440 --> 00:50:26,920 work aspects of it 1091 00:50:26,920 --> 00:50:29,319 along with the Geotech but then there's 1092 00:50:29,319 --> 00:50:30,720 all these other professionals saying 1093 00:50:30,720 --> 00:50:34,880 well this is the way to build this and we need this sometimes if you got to 1094 00:50:34,880 --> 00:50:36,720 drive really deep piles it has this 1095 00:50:36,720 --> 00:50:38,599 consequence on the actual site plan so 1096 00:50:38,599 --> 00:50:40,280 there's a lot of professionals involved 1097 00:50:40,280 --> 00:50:42,760 in the development of a site plan 1098 00:50:42,760 --> 00:50:46,599 application okay for the for the owner 1099 00:50:46,599 --> 00:50:49,240 okay so I know one of like one of the 1100 00:50:49,240 --> 00:50:51,359 things that Amy questioned this is 1101 00:50:51,359 --> 00:50:54,200 Woodburn and if if this is not allowed 1102 00:50:54,200 --> 00:50:56,520 that let me know Woodburn had said that 1103 00:50:56,520 --> 00:50:59,040 um um he didn't know who would be 1104 00:50:59,040 --> 00:51:01,160 responsible for determining if you could 1105 00:51:01,160 --> 00:51:03,880 build in a flood plane he had he had 1106 00:51:03,880 --> 00:51:05,960 said that in his testimony but I would 1107 00:51:05,960 --> 00:51:07,480 have thought that he would then go to 1108 00:51:07,480 --> 00:51:09,480 his attorney and say hey is this 1109 00:51:09,480 --> 00:51:11,920 legitimate with this zoning and what not 1110 00:51:11,920 --> 00:51:13,400 you can always building a flood plane 1111 00:51:13,400 --> 00:51:15,920 there's there's nothing in the flood 1112 00:51:15,920 --> 00:51:17,359 plane ordinance that says you can't 1113 00:51:17,359 --> 00:51:20,760 build what it does is say how you build 1114 00:51:20,760 --> 00:51:22,960 that's all a flood plane does okay so 1115 00:51:22,960 --> 00:51:24,559 would that be something that would be 1116 00:51:24,559 --> 00:51:26,359 consulted with the attorney or or is 1117 00:51:26,359 --> 00:51:32,270 that sure if but for 1118 00:51:32,280 --> 00:51:35,760 example if the flood plane is a certain 1119 00:51:35,760 --> 00:51:38,040 elevation under the FEMA map because 1120 00:51:38,040 --> 00:51:39,799 FEMA defines what the flood planes are 1121 00:51:39,799 --> 00:51:41,280 for the 1122 00:51:41,280 --> 00:51:45,480 town and that map says it needs to be at 1123 00:51:45,480 --> 00:51:49,000 grade 8.2 I'm just making up a 1124 00:51:49,000 --> 00:51:52,119 number there's very little debate that 1125 00:51:52,119 --> 00:51:55,559 is the town and all jurisdictions add a 1126 00:51:55,559 --> 00:51:57,480 foot or a two feet I think the talent 1127 00:51:57,480 --> 00:51:59,960 adds two feed but my memory of that is a 1128 00:51:59,960 --> 00:52:03,240 little they there's a standard for the 1129 00:52:03,240 --> 00:52:06,680 federal government then you can add the 1130 00:52:06,680 --> 00:52:09,200 local jurisdiction's ordinance adds a 1131 00:52:09,200 --> 00:52:11,040 foot or maybe a foot and a half two feet 1132 00:52:11,040 --> 00:52:13,599 whatever it is and that's the grade you 1133 00:52:13,599 --> 00:52:15,440 have to build at there's not really a 1134 00:52:15,440 --> 00:52:17,880 whole lot of debate about that that is 1135 00:52:17,880 --> 00:52:21,680 there are debates for some more Arcane 1136 00:52:21,680 --> 00:52:25,040 issues of flood planes such as um wave 1137 00:52:25,040 --> 00:52:28,440 zones but none of these projects that I 1138 00:52:28,440 --> 00:52:31,960 know of had a wave Zone although it's 1139 00:52:31,960 --> 00:52:34,119 possible Harbor Vista South does for 1140 00:52:34,119 --> 00:52:36,480 example the rod and reel has a wave zone 1141 00:52:36,480 --> 00:52:39,520 so what it required is special kind of 1142 00:52:39,520 --> 00:52:42,000 building within that flood plane but 1143 00:52:42,000 --> 00:52:44,000 that's all it does is tell it's it's a 1144 00:52:44,000 --> 00:52:45,839 it's more of like a building code it's 1145 00:52:45,839 --> 00:52:48,359 telling you how to build things you 1146 00:52:48,359 --> 00:52:50,200 can't have an air an outdoor air 1147 00:52:50,200 --> 00:52:52,240 conditioning unit below that flood plane 1148 00:52:52,240 --> 00:52:56,880 zone so uh I don't I don't think that 1149 00:52:56,880 --> 00:52:58,079 was ever an 1150 00:52:58,079 --> 00:53:00,319 issue all they were doing recall having 1151 00:53:00,319 --> 00:53:02,240 discussions about that though or do you 1152 00:53:02,240 --> 00:53:03,799 think well I don't want to talk about my 1153 00:53:03,799 --> 00:53:04,760 discussions 1154 00:53:04,760 --> 00:53:09,200 with okay but it was not an issue simply 1155 00:53:09,200 --> 00:53:11,680 because they just go and set the grade 1156 00:53:11,680 --> 00:53:13,480 at whatever the requirement of the flood 1157 00:53:13,480 --> 00:53:15,520 plane is it's it's kind of literally 1158 00:53:15,520 --> 00:53:18,119 just this is what the flood plane 1159 00:53:18,119 --> 00:53:20,040 ordinance requires so you build it at 1160 00:53:20,040 --> 00:53:21,880 that level and that's the grade the 1161 00:53:21,880 --> 00:53:24,760 beginning grade level and that's the 1162 00:53:24,760 --> 00:53:27,440 they designed the grade beams and make 1163 00:53:27,440 --> 00:53:29,559 sure that there's not electrical or 1164 00:53:29,559 --> 00:53:31,960 other life safety things that are below 1165 00:53:31,960 --> 00:53:34,799 that base so that has a little bit of an 1166 00:53:34,799 --> 00:53:37,079 elevation added to it to make sure all 1167 00:53:37,079 --> 00:53:38,880 those things are out of there if you 1168 00:53:38,880 --> 00:53:41,960 have a for example a Elevator Shaft you 1169 00:53:41,960 --> 00:53:44,760 know that goes below grade it almost has 1170 00:53:44,760 --> 00:53:46,240 to right because you're you're bringing 1171 00:53:46,240 --> 00:53:48,440 an elevator down to that base grade on 1172 00:53:48,440 --> 00:53:49,480 the first 1173 00:53:49,480 --> 00:53:51,559 floor well the flood plane ordinance 1174 00:53:51,559 --> 00:53:53,599 says and so does building code things 1175 00:53:53,599 --> 00:53:56,480 that you have to um waterproof it and do 1176 00:53:56,480 --> 00:53:57,440 a bunch of things to protect the 1177 00:53:57,440 --> 00:54:00,119 electrical systems and safety so those 1178 00:54:00,119 --> 00:54:02,280 are all kind of building code things 1179 00:54:02,280 --> 00:54:04,400 they were not issues for any of these 1180 00:54:04,400 --> 00:54:05,680 site 1181 00:54:05,680 --> 00:54:07,960 plans that is they were they had to be 1182 00:54:07,960 --> 00:54:09,599 addressed but that's just part of the 1183 00:54:09,599 --> 00:54:11,680 site plan application you you set the 1184 00:54:11,680 --> 00:54:13,680 grade at whatever it's going to 1185 00:54:13,680 --> 00:54:15,400 be 1186 00:54:15,400 --> 00:54:19,480 okay um so I know you've mentioned that 1187 00:54:19,480 --> 00:54:22,960 you you feel that this um moratorium in 1188 00:54:22,960 --> 00:54:27,079 justly targeted R and real um but during 1189 00:54:27,079 --> 00:54:29,160 this moratorium rod and reel did have 1190 00:54:29,160 --> 00:54:31,880 other development going on that was 1191 00:54:31,880 --> 00:54:33,480 still proceeding in town minutes that 1192 00:54:33,480 --> 00:54:35,880 you've pres presented to us and whatnot 1193 00:54:35,880 --> 00:54:38,119 so like the expansion of Rod and Reel 1194 00:54:38,119 --> 00:54:41,079 like that was that was before the 1195 00:54:41,079 --> 00:54:43,599 moratorium right but so yeah but going 1196 00:54:43,599 --> 00:54:45,280 on the construction itself was going on 1197 00:54:45,280 --> 00:54:46,640 during the moratorium that's what you're 1198 00:54:46,640 --> 00:54:48,599 asking but okay site plan review had 1199 00:54:48,599 --> 00:54:52,000 already occurred well in advance okay so 1200 00:54:52,000 --> 00:54:55,280 um I mean during but when did that occur 1201 00:54:55,280 --> 00:54:57,319 then do you know when you guys through 1202 00:54:57,319 --> 00:54:58,440 that 1203 00:54:58,440 --> 00:55:00,799 so for the rot and reel project I assume 1204 00:55:00,799 --> 00:55:03,880 you're talking about so the original 1205 00:55:03,880 --> 00:55:06,880 application was 2016 okay something like 1206 00:55:06,880 --> 00:55:15,680 that so that well let me say I think the final site plan was in late 2016 or 1207 00:55:15,680 --> 00:55:18,280 17 and 1208 00:55:18,280 --> 00:55:20,240 then the 1209 00:55:20,240 --> 00:55:23,760 reason for Harbor Vista South which got 1210 00:55:23,760 --> 00:55:26,000 approval on the in the very next meeting 1211 00:55:26,000 --> 00:55:28,079 after the rod and reel project wasn't 1212 00:55:28,079 --> 00:55:30,240 able to move forward as Mr Donovan 1213 00:55:30,240 --> 00:55:31,839 testified 1214 00:55:31,839 --> 00:55:35,520 was they needed that for parking and the 1215 00:55:35,520 --> 00:55:39,079 reason for the delay was essentially 1216 00:55:39,079 --> 00:55:42,720 FEMA which is then your next step after 1217 00:55:42,720 --> 00:55:45,280 your site plan 1218 00:55:45,280 --> 00:55:47,680 review and Army Corps of Engineers took 1219 00:55:47,680 --> 00:55:50,440 a year to Res to to to respond so we 1220 00:55:50,440 --> 00:55:55,160 basically stalled for a year okay um so 1221 00:55:55,160 --> 00:55:56,720 my understanding though is that the 1222 00:55:56,720 --> 00:55:59,200 extension I mean the expansion of the 1223 00:55:59,200 --> 00:56:00,920 resort there was an initial plan and 1224 00:56:00,920 --> 00:56:02,680 then there was an expansion of that when 1225 00:56:02,680 --> 00:56:04,799 did that happen because that was after2 1226 00:56:04,799 --> 00:56:08,839 or something like that 2020 yeah I'm not 1227 00:56:08,839 --> 00:56:10,559 that's just my faulty memory is 1228 00:56:10,559 --> 00:56:13,799 somewhere around 2020 okay so shortly 1229 00:56:13,799 --> 00:56:17,280 before all of this right okay correct it 1230 00:56:17,280 --> 00:56:18,920 was 1231 00:56:18,920 --> 00:56:26,079 definitely before the moratorium okay so um because it I apologize to it 1232 00:56:26,079 --> 00:56:27,839 for interrupting but the reason I know 1233 00:56:27,839 --> 00:56:31,960 that is it was an amendment to the 1234 00:56:31,960 --> 00:56:36,240 existing site plan because there was 1235 00:56:36,240 --> 00:56:38,240 enough being 1236 00:56:38,240 --> 00:56:42,000 changed that the standard is the zoning 1237 00:56:42,000 --> 00:56:46,240 administrator has the power to do minor 1238 00:56:46,240 --> 00:56:49,520 adjustments but the he deemed these not 1239 00:56:49,520 --> 00:56:51,640 no longer minor it was enough that it 1240 00:56:51,640 --> 00:56:52,920 had to be brought back before the whole 1241 00:56:52,920 --> 00:56:54,400 Planning and Zoning commission so but 1242 00:56:54,400 --> 00:56:56,480 that was all brought back well before or 1243 00:56:56,480 --> 00:57:00,319 the moratorium okay all righty so other 1244 00:57:00,319 --> 00:57:03,079 than the fact that the five site plans 1245 00:57:03,079 --> 00:57:05,200 were the only ones on record at that 1246 00:57:05,200 --> 00:57:10,200 time do you have other evidence that the town was then therefore targeting 1247 00:57:10,200 --> 00:57:12,640 rot and reel I mean just from a lot 1248 00:57:12,640 --> 00:57:14,319 outstander you know outside point of 1249 00:57:14,319 --> 00:57:16,599 view having doing the doing the 1250 00:57:16,599 --> 00:57:19,640 expansion at that time it might not 1251 00:57:19,640 --> 00:57:29,390 necessarily be seen that way okay 1252 00:57:29,400 --> 00:57:31,039 so this is a little bit of 1253 00:57:31,039 --> 00:57:34,000 a lengthy answer but I've got the list 1254 00:57:34,000 --> 00:57:36,440 of all the the evidence that shows 1255 00:57:36,440 --> 00:57:37,319 direct 1256 00:57:37,319 --> 00:57:40,640 targeting so in exhibit 7 the febu 1257 00:57:40,640 --> 00:57:43,839 February 5th 2020 email of the zoning 1258 00:57:43,839 --> 00:57:45,799 administrator which is a mere seven days 1259 00:57:45,799 --> 00:57:47,720 after the applications referred to the 1260 00:57:47,720 --> 00:57:49,440 applications and that the response would 1261 00:57:49,440 --> 00:57:51,280 be the proposed moratorium to be 1262 00:57:51,280 --> 00:57:53,280 considered on February 24th so the the 1263 00:57:53,280 --> 00:57:56,200 initial response that the we received 1264 00:57:56,200 --> 00:57:58,559 from the zoning administrator about our 1265 00:57:58,559 --> 00:58:02,920 applications was the moratorium proposal 1266 00:58:02,920 --> 00:58:05,799 okay page one of exhibit 12 at the 1267 00:58:05,799 --> 00:58:07,799 February 24th meeting of the Planning 1268 00:58:07,799 --> 00:58:09,880 and Zoning commission there was a motion 1269 00:58:09,880 --> 00:58:11,599 to remove residential development 1270 00:58:11,599 --> 00:58:14,079 allocations in the town center and 1271 00:58:14,079 --> 00:58:16,920 Marina areas and remove all multif 1272 00:58:16,920 --> 00:58:19,119 family housing types in the residential 1273 00:58:19,119 --> 00:58:21,400 Village uh which would have directly 1274 00:58:21,400 --> 00:58:23,640 impacted the recently filed rod and re 1275 00:58:23,640 --> 00:58:25,920 site plan applications which were all 1276 00:58:25,920 --> 00:58:27,599 for for multif family residential 1277 00:58:27,599 --> 00:58:29,680 development so at this point it was a 1278 00:58:29,680 --> 00:58:32,160 full 14 months before the passage of the 1279 00:58:32,160 --> 00:58:33,359 comprehensive 1280 00:58:33,359 --> 00:58:36,200 plan page five of exhibit 1281 00:58:36,200 --> 00:58:39,359 12 at that same February 24th meeting 1282 00:58:39,359 --> 00:58:40,839 the commission held a public hearing and 1283 00:58:40,839 --> 00:58:42,599 passed a resolution recommending a 1284 00:58:42,599 --> 00:58:45,039 moratorium which in the third whereas 1285 00:58:45,039 --> 00:58:47,559 clause on page three of the resolution 1286 00:58:47,559 --> 00:58:49,920 makes a specific finding that the five 1287 00:58:49,920 --> 00:58:53,240 site plans filed on January 29th 2021 1288 00:58:53,240 --> 00:58:55,079 and then recites the very same argument 1289 00:58:55,079 --> 00:58:56,799 the zoning administrator 1290 00:58:56,799 --> 00:58:59,839 gave us in his email of February 5th 1291 00:58:59,839 --> 00:59:03,319 2021 so they're using the applications 1292 00:59:03,319 --> 00:59:05,799 as a finding of why they're doing in 1293 00:59:05,799 --> 00:59:08,839 justification of the moratorium me Mr 1294 00:59:08,839 --> 00:59:17,109 what what exhibit number was that that 1295 00:59:17,119 --> 00:59:21,390 was page five of exhibit 1296 00:59:21,400 --> 00:59:24,160 12 and then in the following whereas 1297 00:59:24,160 --> 00:59:26,559 clause on that same exhibit page 5 1298 00:59:26,559 --> 00:59:28,960 exhibit 1299 00:59:28,960 --> 00:59:31,319 12 the commission makes a specific 1300 00:59:31,319 --> 00:59:33,079 finding that the submitt of the five 1301 00:59:33,079 --> 00:59:35,000 separate development applications was 1302 00:59:35,000 --> 00:59:37,440 timed on the part of the applicant to 1303 00:59:37,440 --> 00:59:39,359 obtain development approvals before the 1304 00:59:39,359 --> 00:59:41,640 new comprehensive plan and implementing 1305 00:59:41,640 --> 00:59:43,240 ordinances can be considered by the 1306 00:59:43,240 --> 00:59:44,720 public so they were basically making a 1307 00:59:44,720 --> 00:59:47,119 finding about their belief of of the 1308 00:59:47,119 --> 00:59:48,280 applicants 1309 00:59:48,280 --> 00:59:50,599 motivations 1310 00:59:50,599 --> 00:59:53,670 um 1311 00:59:53,680 --> 00:59:57,680 uh and for that the comprehensive plan 1312 00:59:57,680 --> 00:59:59,160 could be deliberated by the commission 1313 00:59:59,160 --> 01:00:00,480 and adopted by the mayor and Town 1314 01:00:00,480 --> 01:00:02,920 Council so without any direct evidence 1315 01:00:02,920 --> 01:00:05,880 of motivation on the part of the rod and 1316 01:00:05,880 --> 01:00:07,799 reel they were making a finding 1317 01:00:07,799 --> 01:00:09,680 recommending a 1318 01:00:09,680 --> 01:00:12,559 moratorium and using that motive that 1319 01:00:12,559 --> 01:00:14,720 their their assessment of our Mo of the 1320 01:00:14,720 --> 01:00:17,359 Roden reel's motivation as a 1321 01:00:17,359 --> 01:00:20,710 justification for the 1322 01:00:20,720 --> 01:00:22,880 moratorium the following two whereas 1323 01:00:22,880 --> 01:00:26,670 Clauses same exhibit 1324 01:00:26,680 --> 01:00:27,880 the resolution recommending the 1325 01:00:27,880 --> 01:00:29,039 moratorium the commission makes a 1326 01:00:29,039 --> 01:00:31,359 finding that the CH that the challenges 1327 01:00:31,359 --> 01:00:32,839 that the Roden reel development 1328 01:00:32,839 --> 01:00:36,480 proposals and other major projects would 1329 01:00:36,480 --> 01:00:38,960 impose creates three different problems 1330 01:00:38,960 --> 01:00:40,280 that the commission believed it could 1331 01:00:40,280 --> 01:00:42,559 avoid by passing the moratorium so 1332 01:00:42,559 --> 01:00:45,400 they're clearly directing the moratorium 1333 01:00:45,400 --> 01:00:48,559 at stopping these five 1334 01:00:48,559 --> 01:00:50,640 applications because they believe those 1335 01:00:50,640 --> 01:00:53,440 five these five applications impact 1336 01:00:53,440 --> 01:00:56,200 their comp their comprehensive plan that 1337 01:00:56,200 --> 01:00:59,640 was ongoing and had been going on 1338 01:00:59,640 --> 01:01:02,319 for we put provided all that evidence 1339 01:01:02,319 --> 01:01:06,200 but it was started I believe in um 1340 01:01:06,200 --> 01:01:09,480 201 16 or 17 I have to go back and look 1341 01:01:09,480 --> 01:01:11,760 at all the the evidence but we we showed 1342 01:01:11,760 --> 01:01:16,039 the the long CH the the process of the S 1343 01:01:16,039 --> 01:01:17,680 of comprehensive plan had been already 1344 01:01:17,680 --> 01:01:19,680 going on for like about 18 months when 1345 01:01:19,680 --> 01:01:20,920 we file the 1346 01:01:20,920 --> 01:01:24,280 applications and was already late under 1347 01:01:24,280 --> 01:01:27,200 the law 1348 01:01:27,200 --> 01:01:30,680 um so that reference to imposing the 1349 01:01:30,680 --> 01:01:33,119 moratorium in response to the fight site 1350 01:01:33,119 --> 01:01:36,280 plans was confirmed by chairman Brown's 1351 01:01:36,280 --> 01:01:39,039 February 12th 21 report to the mayor and 1352 01:01:39,039 --> 01:01:40,760 Town Council which is on the second page 1353 01:01:40,760 --> 01:01:45,589 of exhibit 1354 01:01:45,599 --> 01:01:48,280 13 and the rod and reel site plans were 1355 01:01:48,280 --> 01:01:49,559 mentioned along with the zoning 1356 01:01:49,559 --> 01:01:51,160 administrators complaints about those 1357 01:01:51,160 --> 01:01:53,720 submitted projects in the press 1358 01:01:53,720 --> 01:01:56,480 release announcing the Mortor 1359 01:01:56,480 --> 01:01:58,359 including the site plan illustrations 1360 01:01:58,359 --> 01:02:01,440 for the rod and reel projects in the in 1361 01:02:01,440 --> 01:02:04,960 the moratorium they were exactly 1362 01:02:04,960 --> 01:02:07,799 targeting these projects by showing in 1363 01:02:07,799 --> 01:02:09,920 their press release these five proposed 1364 01:02:09,920 --> 01:02:14,150 projects and that's on exhibit 1365 01:02:14,160 --> 01:02:17,480 17 in exhibit 18 these illustrations of 1366 01:02:17,480 --> 01:02:19,400 the Roden reil proposals were again 1367 01:02:19,400 --> 01:02:22,839 repeated in the town administrator's 1368 01:02:22,839 --> 01:02:27,200 report of March 11th 2021 1369 01:02:27,200 --> 01:02:29,240 next I would refer you to page three of 1370 01:02:29,240 --> 01:02:31,480 exhibit 1371 01:02:31,480 --> 01:02:34,680 21 the same three whereas Clauses about 1372 01:02:34,680 --> 01:02:36,880 the five site plan applications and the 1373 01:02:36,880 --> 01:02:38,920 alleged problems they created that were 1374 01:02:38,920 --> 01:02:40,240 in the commission's resolution 1375 01:02:40,240 --> 01:02:42,279 recommending the moratorium were 1376 01:02:42,279 --> 01:02:45,079 included as the last three whereas 1377 01:02:45,079 --> 01:02:47,720 Clauses of the Town council's resolution 1378 01:02:47,720 --> 01:02:49,359 R 1379 01:02:49,359 --> 01:02:51,559 21-3 which attempted to establish that 1380 01:02:51,559 --> 01:02:53,799 moratorium and which whereas Clauses 1381 01:02:53,799 --> 01:02:55,880 were adopted by reference into the 1382 01:02:55,880 --> 01:02:58,640 resolution so that made leg legally a 1383 01:02:58,640 --> 01:03:01,950 part of the 1384 01:03:01,960 --> 01:03:04,960 resolution the April 13th letter of the 1385 01:03:04,960 --> 01:03:06,680 Town Administrator returning the funds 1386 01:03:06,680 --> 01:03:09,440 for the review of The Harbor Vista North 1387 01:03:09,440 --> 01:03:12,440 Harbor Vista West Harbor Vista South and 1388 01:03:12,440 --> 01:03:15,520 State Place 1389 01:03:15,520 --> 01:03:18,480 um referenced the category one site 1390 01:03:18,480 --> 01:03:21,240 plans moratorium passed by the council 1391 01:03:21,240 --> 01:03:23,079 as justification for not reviewing the 1392 01:03:23,079 --> 01:03:27,200 site plans that's exhibit 25 1393 01:03:27,200 --> 01:03:28,960 and according to the minutes of the Town 1394 01:03:28,960 --> 01:03:31,480 Council work session of September 18th 1395 01:03:31,480 --> 01:03:33,920 2021 which is exhibit 1396 01:03:33,920 --> 01:03:37,119 26 Mr jabak stated that the moratorium 1397 01:03:37,119 --> 01:03:39,359 would expire on December 18 1398 01:03:39,359 --> 01:03:42,480 2021 and that quote with the development 1399 01:03:42,480 --> 01:03:44,799 plan applications currently on 1400 01:03:44,799 --> 01:03:47,720 file waiting for review the commission 1401 01:03:47,720 --> 01:03:50,520 feels it needs these several months to 1402 01:03:50,520 --> 01:03:52,680 devote solely to the comprehensive plan 1403 01:03:52,680 --> 01:03:54,359 and is recommending the Town Council to 1404 01:03:54,359 --> 01:03:56,200 extend the moratorium another three 1405 01:03:56,200 --> 01:03:59,839 months end quote so the rod and reel 1406 01:03:59,839 --> 01:04:02,039 applications that were recognized as 1407 01:04:02,039 --> 01:04:05,119 being on file as part of the were part 1408 01:04:05,119 --> 01:04:07,960 of the justification from the zoning 1409 01:04:07,960 --> 01:04:10,880 administrator requesting the three-month 1410 01:04:10,880 --> 01:04:12,960 extension of the moratorium again that's 1411 01:04:12,960 --> 01:04:16,510 exhibit 1412 01:04:16,520 --> 01:04:20,640 26 so I think I me 1413 01:04:20,640 --> 01:04:23,839 there's lots of minor citations I can 1414 01:04:23,839 --> 01:04:25,799 make with the exhibits that have already 1415 01:04:25,799 --> 01:04:29,359 been submitted that make reference to 1416 01:04:29,359 --> 01:04:32,039 these five site project five site plans 1417 01:04:32,039 --> 01:04:35,240 as the motivating factor of filing for 1418 01:04:35,240 --> 01:04:36,599 or or 1419 01:04:36,599 --> 01:04:38,440 passing the 1420 01:04:38,440 --> 01:04:40,920 moratorium and that's why I say they 1421 01:04:40,920 --> 01:04:44,640 were directed primarily at the thing the 1422 01:04:44,640 --> 01:04:46,279 other thing to 1423 01:04:46,279 --> 01:04:48,799 recognize which I've already brought up 1424 01:04:48,799 --> 01:04:51,680 is that the 1425 01:04:51,680 --> 01:04:56,990 resolution adopting the moratorium 1426 01:04:57,000 --> 01:04:58,960 adopted a recommendation from the 1427 01:04:58,960 --> 01:05:00,440 Planning and Zoning commission to make a 1428 01:05:00,440 --> 01:05:02,839 distinction between 1429 01:05:02,839 --> 01:05:04,720 properties and 1430 01:05:04,720 --> 01:05:07,559 so this distinction was made because at 1431 01:05:07,559 --> 01:05:08,680 the Planning and Zoning commission 1432 01:05:08,680 --> 01:05:09,920 hearing Mr 1433 01:05:09,920 --> 01:05:12,760 repy 1434 01:05:12,760 --> 01:05:15,000 actually I shouldn't 1435 01:05:15,000 --> 01:05:17,359 testify that wasn't in the 1436 01:05:17,359 --> 01:05:21,079 record so I'm not going to testify uh 1437 01:05:21,079 --> 01:05:25,319 but what happened was Richfield Station 1438 01:05:25,319 --> 01:05:26,200 app 1439 01:05:26,200 --> 01:05:28,559 that were already through a part of the 1440 01:05:28,559 --> 01:05:31,000 process but not yet finalized were 1441 01:05:31,000 --> 01:05:35,630 Exempted from the effect of the 1442 01:05:35,640 --> 01:05:40,200 moratorium oh okay 1443 01:05:40,200 --> 01:05:43,640 um but obviously not the site planes for 1444 01:05:43,640 --> 01:05:47,240 the rod and reil so that's why I would 1445 01:05:47,240 --> 01:05:49,960 say that the evidence is overwhelming 1446 01:05:49,960 --> 01:05:52,760 that the purpose of the moratorium was 1447 01:05:52,760 --> 01:05:53,640 to 1448 01:05:53,640 --> 01:05:56,599 Target the five site plan applications 1449 01:05:56,599 --> 01:06:04,910 filed by the rod and 1450 01:06:04,920 --> 01:06:07,559 reel right you've also stated that it 1451 01:06:07,559 --> 01:06:10,160 was your opinion that um had these been 1452 01:06:10,160 --> 01:06:12,000 reviewed it would have moved forward 1453 01:06:12,000 --> 01:06:14,760 right but in the I think Mr Woodburn 1454 01:06:14,760 --> 01:06:17,599 testified to that did I hav't in mind 1455 01:06:17,599 --> 01:06:21,400 notes that you okay but 1456 01:06:21,400 --> 01:06:23,920 um but there were several times where 1457 01:06:23,920 --> 01:06:27,240 permits were accepted and it it didn't 1458 01:06:27,240 --> 01:06:28,680 move forward whether it be financial 1459 01:06:28,680 --> 01:06:31,920 crisis whatever right the old permits um 1460 01:06:31,920 --> 01:06:37,079 so yeah old permits and whatnot so um 1461 01:06:37,079 --> 01:06:39,559 is what would compel one to believe that 1462 01:06:39,559 --> 01:06:40,760 this would be different and that this 1463 01:06:40,760 --> 01:06:47,829 would move forward when it hadn't in the 1464 01:06:47,839 --> 01:06:49,760 past 1465 01:06:49,760 --> 01:06:52,279 the desire of the owners to build the 1466 01:06:52,279 --> 01:06:57,950 projects at that time I don't there's um 1467 01:06:57,960 --> 01:07:01,920 they I believe the record shows from Mr 1468 01:07:01,920 --> 01:07:04,119 Donovan's testimony that they've been 1469 01:07:04,119 --> 01:07:05,680 waiting to develop these properties for 1470 01:07:05,680 --> 01:07:09,119 a long time that they got stopped in 1471 01:07:09,119 --> 01:07:10,640 Prior 1472 01:07:10,640 --> 01:07:13,000 circumstances permits were lapsed it's 1473 01:07:13,000 --> 01:07:14,880 why you had to file these new 1474 01:07:14,880 --> 01:07:17,799 applications and so they were proceeding 1475 01:07:17,799 --> 01:07:22,599 to try to get these properties built um 1476 01:07:22,599 --> 01:07:25,079 and they W so I don't know what else to 1477 01:07:25,079 --> 01:07:26,599 say other than they were hoping that 1478 01:07:26,599 --> 01:07:30,480 they would um they certainly had engaged 1479 01:07:30,480 --> 01:07:32,640 a whole bunch of professionals spend a 1480 01:07:32,640 --> 01:07:34,920 lot of money I think Mr Donovan 1481 01:07:34,920 --> 01:07:36,960 testified about a lot of the soft or 1482 01:07:36,960 --> 01:07:39,359 presented exhibit about all the soft 1483 01:07:39,359 --> 01:07:44,000 costs that were developed to get these 1484 01:07:44,000 --> 01:07:46,319 ready can't remember the exact number 1485 01:07:46,319 --> 01:07:48,119 but it 1486 01:07:48,119 --> 01:07:51,760 was a very sub so I would say that the 1487 01:07:51,760 --> 01:07:57,559 owner's commitment to a lot of resources to get these 1488 01:07:57,559 --> 01:08:01,680 projects done um it was 1489 01:08:01,680 --> 01:08:04,079 $172,100 1490 01:08:04,079 --> 01:08:06,559 I apologize I don't have the exhibit 1491 01:08:06,559 --> 01:08:09,760 number marked but it must be 1492 01:08:09,760 --> 01:08:14,119 exhibit 69 I think 69 or 1493 01:08:14,119 --> 01:08:17,719 68 so they were working certainly hard 1494 01:08:17,719 --> 01:08:20,520 my direction was to try to get these 1495 01:08:20,520 --> 01:08:42,870 applications reviewed 1496 01:08:42,880 --> 01:08:44,279 all right I think that that's good for 1497 01:08:44,279 --> 01:08:46,759 now thank you I appreciate 1498 01:08:46,759 --> 01:08:50,880 that I have two questions all right Mr 1499 01:08:50,880 --> 01:08:54,199 Blitz regarding the uh relief that you 1500 01:08:54,199 --> 01:08:56,000 requested 1501 01:08:56,000 --> 01:08:58,960 are you aware of any other 1502 01:08:58,960 --> 01:09:03,759 cases where a a board of appeals has 1503 01:09:03,759 --> 01:09:09,080 reviewed a site plan in lie of a review 1504 01:09:09,080 --> 01:09:12,199 by a Planning and Zoning administrator 1505 01:09:12,199 --> 01:09:15,279 or a Planning and Zoning commission 1506 01:09:15,279 --> 01:09:18,199 no are you aware of 1507 01:09:18,199 --> 01:09:20,480 any 1508 01:09:20,480 --> 01:09:26,679 um decision order or directive by a 1509 01:09:26,679 --> 01:09:28,400 board of 1510 01:09:28,400 --> 01:09:32,799 appeals to disregard a current ordinance 1511 01:09:32,799 --> 01:09:35,960 planning and zoning ordinance in favor 1512 01:09:35,960 --> 01:09:41,789 of a superseded 1513 01:09:41,799 --> 01:09:43,799 ordinance I don't have any personal 1514 01:09:43,799 --> 01:09:47,440 experience with seeing that now I mean 1515 01:09:47,440 --> 01:09:50,199 I our point is that you're allowed to 1516 01:09:50,199 --> 01:09:52,600 under the law to take on those 1517 01:09:52,600 --> 01:09:56,000 Powers I but I have not seen it 1518 01:09:56,000 --> 01:09:58,560 but moratoriums are 1519 01:09:58,560 --> 01:10:03,239 relatively rare I understand that I mean 1520 01:10:03,239 --> 01:10:13,030 um okay I just leave it at that that's the only questions I 1521 01:10:13,040 --> 01:10:17,000 have no questions all right last 1522 01:10:17,000 --> 01:10:20,600 call all right thank you Mr Blitz um 1523 01:10:20,600 --> 01:10:24,080 let's take five and I would like to know 1524 01:10:24,080 --> 01:10:27,159 Mr pounds we have a half an 1525 01:10:27,159 --> 01:10:30,480 hour would you like us to wait to start 1526 01:10:30,480 --> 01:10:31,719 next time or would you like to begin 1527 01:10:31,719 --> 01:10:33,560 immediately no waiting would be more 1528 01:10:33,560 --> 01:10:36,600 beneficial waiting okay um in that case 1529 01:10:36,600 --> 01:10:40,040 I we will not take five minutes um we 1530 01:10:40,040 --> 01:10:41,360 are 1531 01:10:41,360 --> 01:10:44,400 the my paperwork here uh the board is 1532 01:10:44,400 --> 01:10:47,199 going to go into close session provided 1533 01:10:47,199 --> 01:10:50,560 we all agree um to discuss some 1534 01:10:50,560 --> 01:10:52,880 Personnel issues um I'm going to 1535 01:10:52,880 --> 01:10:54,920 announce the time now we will return 1536 01:10:54,920 --> 01:10:58,199 after our closed session and we won't 1537 01:10:58,199 --> 01:11:01,280 have any more content on this meeting um 1538 01:11:01,280 --> 01:11:03,400 so I will announce the time now we are 1539 01:11:03,400 --> 01:11:05,159 planning on meeting again on September 1540 01:11:05,159 --> 01:11:09,360 30th at 6:30 p.m. um once again uh if we 1541 01:11:09,360 --> 01:11:10,960 go into close session which I expect we 1542 01:11:10,960 --> 01:11:12,640 will we will come back out and then 1543 01:11:12,640 --> 01:11:14,800 close this meeting in its entirety so if 1544 01:11:14,800 --> 01:11:16,480 you choose to leave while we are in 1545 01:11:16,480 --> 01:11:18,719 closed session you promise you will not 1546 01:11:18,719 --> 01:11:19,719 miss 1547 01:11:19,719 --> 01:11:21,640 anything 1548 01:11:21,640 --> 01:11:25,280 um okay September 30th at what time SE 1549 01:11:25,280 --> 01:11:30,310 September 30th at 6:30 1550 01:11:30,320 --> 01:11:34,280 p.m. make sure I say this out right so 1551 01:11:34,280 --> 01:11:38,480 just for clarification now I can leave 1552 01:11:38,480 --> 01:11:44,510 yes would you like to say it FR 1553 01:11:44,520 --> 01:11:47,440 sure this is a statement uh under the 1554 01:11:47,440 --> 01:11:50,199 open meetings act 1555 01:11:50,199 --> 01:11:55,760 uh the board of appeals is intending to 1556 01:11:55,760 --> 01:11:59,159 take a vote to go into close session 1557 01:11:59,159 --> 01:12:03,320 under 3-35 B1 to discuss the appointment 1558 01:12:03,320 --> 01:12:05,400 of employment assignment for motion 1559 01:12:05,400 --> 01:12:07,440 discipline Dem motion compensation 1560 01:12:07,440 --> 01:12:09,800 removal resignation or performance 1561 01:12:09,800 --> 01:12:13,239 evaluation of appes employees or 1562 01:12:13,239 --> 01:12:16,080 officials over whom this public body has 1563 01:12:16,080 --> 01:12:18,360 jurisdiction and any other Personnel 1564 01:12:18,360 --> 01:12:22,080 matter that affects one more specific 1565 01:12:22,080 --> 01:12:26,229 individuals uh 1566 01:12:26,239 --> 01:12:29,480 re expect to discuss Personnel matters 1567 01:12:29,480 --> 01:12:32,520 concerning board counsel to and closing 1568 01:12:32,520 --> 01:12:34,440 the meeting to discuss this topic 1569 01:12:34,440 --> 01:12:37,159 because uh Personnel M sensitive 1570 01:12:37,159 --> 01:12:38,679 Personnel matters involving board 1571 01:12:38,679 --> 01:12:41,520 councel and the statement was made by uh 1572 01:12:41,520 --> 01:12:45,000 Jody hstar presiding officer thank you 1573 01:12:45,000 --> 01:12:47,280 uh at this point I will entertain a 1574 01:12:47,280 --> 01:12:50,440 motion to go into close section or close 1575 01:12:50,440 --> 01:12:53,159 session under Section 3305 B1 of the 1576 01:12:53,159 --> 01:12:54,840 open meetings act I'll entertain a 1577 01:12:54,840 --> 01:12:57,760 motion for that I'll make a motion to uh 1578 01:12:57,760 --> 01:13:00,120 go into close meeting we have a second a 1579 01:13:00,120 --> 01:13:02,000 second all in 1580 01:13:02,000 --> 01:13:04,360 favor uh we are closed we will see 1581 01:13:04,360 --> 01:13:09,110 everybody here on uh the 1582 01:13:09,120 --> 01:14:15,320 30th or you can wait if you really want 1583 01:14:15,330 --> 01:14:23,669 [Music] 1584 01:14:23,679 --> 01:14:30,189 what's that 1585 01:14:30,199 --> 01:14:53,990 you're 1586 01:14:54,000 --> 01:15:23,950 opening 1587 01:15:23,960 --> 01:47:08,950 e e 1588 01:47:08,960 --> 01:47:27,030 and working 1589 01:47:27,040 --> 01:47:29,840 all right we have uh concluded our Clos 1590 01:47:29,840 --> 01:47:31,159 session we are 1591 01:47:31,159 --> 01:47:33,199 reopening the uh board of appeals 1592 01:47:33,199 --> 01:47:35,679 meeting August 19th 1593 01:47:35,679 --> 01:47:40,280 2024 um at this point in time um the 1594 01:47:40,280 --> 01:47:42,960 board will entertain I would entertain a 1595 01:47:42,960 --> 01:47:44,320 motion to compose a letter to the town 1596 01:47:44,320 --> 01:47:45,599 of Chesapeake Beach regarding 1597 01:47:45,599 --> 01:47:48,159 compensation of council to the board 1598 01:47:48,159 --> 01:47:49,719 have anyone who' make that motion I will 1599 01:47:49,719 --> 01:47:51,440 still move 1600 01:47:51,440 --> 01:47:55,400 second all in favor favor I all right um 1601 01:47:55,400 --> 01:47:59,480 motion passes um lastly 1602 01:47:59,480 --> 01:48:03,040 is once again we are resuming uh 1603 01:48:03,040 --> 01:48:07,880 September 30th 2024 at 6:30 p.m. um and 1604 01:48:07,880 --> 01:48:09,760 that's it at this time I'll entertain a 1605 01:48:09,760 --> 01:48:12,040 motion to adjourn I'll make a motion to 1606 01:48:12,040 --> 01:48:15,520 adjourn second all in favor meetings 1607 01:48:15,520 --> 01:48:18,400 adjourn thank 1608 01:48:18,400 --> 01:48:22,599 you thank you