[0:04] all right welcome everybody this is the

[0:06] call to order of the chesp beach board

[0:07] of appeals November 13

[0:10] 2024 um we are here today to receive

[0:13] public comments on case

[0:16] 20233 um and we will begin with a roll

[0:19] call as normal I'll go around please

[0:20] announce if you're present um and do we

[0:23] have we don't have Richard right oh

[0:25] Richard um so we expect him

[0:28] later oh well I'll pause for a

[0:37] second just about to do roll call

[0:42] Mr if you would please announce that you

[0:45] are present uh Mr Richard Burch present

[0:48] Mr Paul dhy present Amy Everett present

[0:51] Mr stepen Sharp present and I am Mr jod

[0:54] honar we have a quorum um we normally do

[0:57] meeting minute approval but I think

[0:59] there were some discussions we were

[1:00] still having so we'll hold on that um

[1:04] Sharon has nicely compiled a list of

[1:07] public comments we've received in the

[1:09] case uh the names and dates for the

[1:12] receipt of comments submitted to the

[1:13] board are as follows uh Laura

[1:16] Blackwelder on 919 and 9:25 Cheryl Emory

[1:20] on 10:30 Laura Blackwelder on

[1:24] 126 uh Dan Duval Kathleen baral Laura

[1:27] Blackwater on 14 Lori Hester on 424 Dan

[1:32] Duval 531 Dan Duval 8819 and

[1:38] Rita Hayes on

[1:39] 912 I believe we have one more pending

[1:43] comment and aside from those are there

[1:48] any other comments that uh you're aware

[1:49] of

[1:50] Sharon you uh okay yeah I think you want

[1:54] to St them into the record um in that

[1:58] case uh need to make a motion for

[2:01] that okay in that case this packet of

[2:04] public

[2:05] comments um is accepted into the record

[2:09] there should be nothing new other than

[2:10] the title

[2:12] sheet okay

[2:15] yeah I wasn't planning on it but okay

[2:19] it's just if you if in subsequent

[2:21] proceedings you need to make reference

[2:23] to something it helps to I was I think

[2:26] we can reference it by the date name and

[2:28] date submitted since it's already there but we do have a packet

[2:31] for so yeah uh okay announcements uh

[2:34] we'll be doing two hours again tonight

[2:36] so uh normal normal

[2:39] stuff um following the order of

[2:41] presentation is documented in the board

[2:43] of appeals rules of procedure uh the

[2:45] next few steps we'll be doing here are

[2:48] uh today is testimony and evidence by

[2:50] the persons or entities whose rights are

[2:52] impacted by the appeal this would be any

[2:54] members of the public who would like to

[2:56] speak um once this is done uh and not

[2:59] today we won't be doing this today we'll

[3:01] follow with summary statements closing

[3:03] of the public hearing and deliberations

[3:05] and we'll talk about all those a little

[3:07] bit later when the time's right uh

[3:09] moving on um so we are on the board of

[3:12] appeals continuation for case 20233 Rod

[3:15] re Incorporated Donovan Estates LLC to

[3:17] consider an application from Rod reil

[3:19] Incorporated Donovan Estates LLC of 4

[3:21] 4160 MIRS Avenue ches Beach for decision

[3:24] on uh on interpretation or alleged error

[3:26] article 6 section 29023 2931 A1 and A6

[3:31] of the chesap beach zoning ordinance in

[3:32] section C309 c310 and c311 of the chesap

[3:37] beach down chter uh applicant requests

[3:39] the Chesapeake Beach uh zoning board of

[3:41] appeals to quote order the zoning

[3:43] administrator and planning and zoning

[3:44] commission to immediately commence and

[3:46] prioritize the processing and review of

[3:48] the relevant site plan submitted by the

[3:49] Roden Incorporated Donovan Estates LLC

[3:52] and that the zoning administrator and

[3:53] planning and zoning commission be

[3:54] ordered to apply the zoning ordinances

[3:56] in effect as of January 29 2021

[4:00] uh when the applications were submitted

[4:01] and for such other and further relief as

[4:03] the nature of their calls

[4:04] requires at this time we will hear any

[4:07] member of the public who would like to

[4:09] speak to the board concerning this case

[4:12] um step to the Lecter uh write your

[4:14] information down and announce your name

[4:16] or who you represent you already got

[4:19] mine you want me to write it down again

[4:21] um if it's already there yeah I think

[4:23] it's not here on this one but I have

[4:25] attended other ones write your name

[4:28] again okay add R would you mind doing

[4:30] the honors of blanket swearing in

[4:32] everybody who's about to

[4:34] speak if you intend on speaking tonight

[4:37] please uh raise your right hand do you

[4:40] somly affirm uh that the testimony that

[4:43] you are about to give will be the truth

[4:45] the whole truth and nothing but the

[4:47] truth I do I thank you

[5:10] Randy getman 3248 AA

[5:15] Chase I'm I'm going to read part of this

[5:17] and and then I'll actually give you a

[5:19] hard

[5:21] copy one of the two main points made by

[5:25] the applicant and this Planning and

[5:27] Zoning commission uh I'm sorry is that

[5:29] the Planning and Zoning commission and

[5:31] the Planning and Zoning administrator

[5:33] did not carry out their duties in the

[5:35] time frame specified by the town

[5:38] code this point mainly focuses on duties

[5:41] relating to the update of town

[5:43] comprehensive plan and the review

[5:46] approval of category one site plan

[5:49] submissions the applicant pointed out

[5:51] that the code requires Planning and

[5:53] Zoning to do whatever it takes to get

[5:56] the task done let us remember

[6:00] that members of the Planning and Zoning

[6:02] are volunteers they do not get paid

[6:06] they're appointed by the mayor approved

[6:07] by Town Council they are not elected

[6:10] officials the members of the Planning

[6:12] and Zoning appear to have devoted a good

[6:15] deal of their time thought energy

[6:19] dedication and perseverance toward

[6:21] updating the comprehensive plan since at

[6:24] least

[6:25] 2018 probably

[6:27] longer perhaps they felt a bit

[6:29] overwhelmed when a submission of five

[6:32] new category one site plans uh came in

[6:35] while still working diligently on the

[6:37] comprehensive plan I'm not surprised

[6:41] that they asked the Town Council for

[6:44] Relief the second main point made by the

[6:48] applicant is that the Town Council used

[6:50] an incorrect method process for

[6:53] approving the meor

[6:55] moratorium I'm neither a lawyer nor a

[6:57] judge so I'll leave that one alone

[7:00] however I feel their job as elected

[7:03] officials is to do what is best for the

[7:05] town and its citizens I got the

[7:08] impression that each member of the Town

[7:10] Council took the proposal of the

[7:12] moratorium very seriously they sought

[7:15] public input on the issue from both

[7:18] sides and after due diligence and

[7:20] careful consideration to what was in the

[7:22] best interest of the town and its

[7:25] citizens each member of the council

[7:27] voted their conscience

[7:36] the real question in my mind is during

[7:39] this their six-hour

[7:41] presentation why did rod and reel not

[7:44] present

[7:45] arguments on why the findings in the now

[7:48] completed comprehensive plan were wrong

[7:51] or

[7:52] incorrect why did rod and reel not

[7:54] challenge that the new ordinance changes

[7:57] that now prevent their projects from

[8:00] being built were based on incorrect

[8:03] information I believe it is because the

[8:05] information is correct and the Planning

[8:08] and Zoning did an excellent job of

[8:10] identifying and planning for future

[8:12] issues I think that is why the rotten

[8:14] reel spent six hours focusing on

[8:17] planning zoning not carrying out their

[8:19] duties in time frames specified by the

[8:21] town code or that the moratorium was not

[8:24] approved

[8:25] correctly I think they tried to take our

[8:27] Focus away from the truth that the

[8:30] planning and zoning and planning and

[8:31] zoning administrator and the Town

[8:33] Council all carried out their assigned

[8:36] duties with due diligence and dedication

[8:39] to identify what was in the best

[8:40] interest of our town they did their

[8:45] job in

[8:46] conclusion it would have been

[8:48] inappropriate for the town to demand

[8:50] that volunteers do whatever it takes to

[8:53] get the task done we should not treat

[8:56] these energetic and dedicated Volunteers

[8:58] in that matter

[9:00] I feel that when they felt the workload

[9:03] was too much it was very appropriate for

[9:06] them to ask for relief from the town's

[9:08] elected officials I.E the Town

[9:12] Council I believe both our planning and

[9:14] zoning and Our Town Council took

[9:16] appropriate action in the execution of

[9:18] their duties and that the applicant's

[9:21] request should be

[9:23] denied in

[9:25] closing I would like to offer my

[9:27] personal thanks

[9:29] to each member of the Planning and

[9:31] Zoning to the Planning and Zoning

[9:33] administrator to the mayor and each

[9:36] member of Town Council to each member of

[9:39] the board of

[9:40] appeals and to each member of the Town

[9:43] staff for their perseverance honesty and

[9:47] extreme dedication towards the town and

[9:49] its

[9:49] citizens thanks for a job well done

[9:53] that's all thank you

[10:09] but you'll see it all in there

[10:48] ball before you get started is uh is

[10:49] what you're about to say the same

[10:52] comment as you submitted to Sharon

[10:53] before the meeting some of it okay some of it is um

[11:02] good evening Mr chair

[11:06] board all sides of down um quick

[11:10] question I was listening last time and

[11:13] uh Mr pounds said that he was willing to

[11:16] uh hear questions and address them in a

[11:19] manner uh tonight is that offer still

[11:23] stand

[11:24] [Music]

[11:27] um he he's asking whether he can still

[11:29] ask he had offered I was asking if that

[11:32] offer had Stood Still

[11:35] St Mr

[11:40] pounding

[11:42] tonight

[11:46] to it's in connection it's in connection

[11:50] with my public

[11:53] comment um are

[11:57] you are you still willing to answer

[11:59] questions posed by Mr Duval as Todd

[12:01] pounds I am but the problem is as an

[12:04] attorney with everything that's going on

[12:07] I have no instruction from my client as

[12:09] to what I'm doing here or anything so um

[12:13] as Todd pound is more than happy to

[12:16] answer any questions unfortunately Todd

[12:17] pound's the lawyer I've got no

[12:20] instructions so I I don't even know how

[12:21] to answer the question uh I'm inclined

[12:25] to ask you to not question because we

[12:28] we'd prefer if he could answer in his

[12:30] role that's no problem I'd just like to

[12:32] say okay if there's something I'd say

[12:35] that Mr pounds would like to speak on

[12:38] I'm more than welcome to okay to allow

[12:40] that okay there I'm not gonna

[12:45] say so just

[12:48] as I'm Daniel Deval 3610 chese Beach

[12:51] Road uh just as Randy was speaking I

[12:56] think there's a lot of misc confusion

[13:00] on exactly what we're all doing here and

[13:02] it

[13:04] takes a lot of work from the public from

[13:08] you the board from everyone to kind of

[13:11] sort this out a lot of times what I like

[13:14] to do is try to sort of go factchecking

[13:17] and upon my factchecking I've

[13:20] realized that the arguments that we hear

[13:24] here in some ways you feel are arguments

[13:28] between

[13:30] opposing sides but as you read the

[13:32] document in front of us it's almost an

[13:34] argument with the judge in the order

[13:37] that was put in place to have this

[13:40] hearing itself

[13:43] and and I've been on both sides of of

[13:48] the the trying to figure this entire

[13:50] thing out just as everybody has

[13:56] um the documents I sent you uh there was

[14:00] three different

[14:01] emails consisting

[14:04] of approximately 45 pages or

[14:10] so page

[14:12] eight I'm going to go just read uh some

[14:15] of

[14:16] this on July 6 2022 Miss Holly K wall

[14:22] the Town Administrator returned the $500

[14:25] filing fee along with the refund a copy

[14:28] of the letter from the town's attorney

[14:31] Mr Todd R pounds was included informing

[14:34] the rod and reel about a moratorium that

[14:36] had been put in place suspending the

[14:38] review of all applications the

[14:41] court

[14:43] finds that as a matter of law this was

[14:47] in proper means by which to reject a

[14:52] petitioner's interpretation appeal

[15:01] page

[15:02] nine the current matter the appeal was

[15:06] never heard despite the various States

[15:10] and local Provisions which both

[15:14] instructed Pur pursued and procedures on

[15:18] an appeal are scheduled and held by the

[15:22] board no hearings were ever conducted

[15:25] without Reasons by the board and

[15:28] indirect VI violation of several

[15:31] provisions of chese code

[15:34] 29032 no proceedings were scheduled no

[15:38] decisions were rendered and no

[15:40] resolution was taken by the board

[15:44] instead through the Town Administrator

[15:47] Miss Holly K wall and Town Council Todd

[15:50] R pounds petitioner interpretive appeal

[15:54] was similar denied on the grounds that a

[15:56] moratorium had suspended all appeals C

[16:00] petitioners exhibit 1 page

[16:03] 57 the

[16:04] letter rejecting the appeal sent by Mr

[16:08] Todd pounds failed to indicate whom on

[16:12] the board if any agreed with Mr pound's

[16:15] decision or his legal interpretation of

[16:18] the moratorium in fact it is not

[16:22] entirely clear that the board of appeals

[16:24] discussed this the appeal the only

[16:27] indication that the board seemed

[16:28] seemingly took any stance on the filed

[16:32] appeal is through the assumption that Mr

[16:36] Todd R pounds was representing the board

[16:40] implicitly when he corresponded with the

[16:44] petitioner via the a a affirmed

[16:51] letter while this court makes no finding

[16:55] as to whether petitioner actually has

[16:57] vested property rights

[16:59] it does recognize the private interest

[17:02] at stake potential vested property

[17:05] rights is of great

[17:08] significance second the risk of an

[17:11] erroneous deprivation of this interest

[17:15] through the proceedings you procedures

[17:17] used by the government in the value if

[17:20] any of additional procedure safeguards

[17:23] the risk of erroneous deprivation of

[17:27] petitioners private interest through the

[17:29] procedur used is quite

[17:33] high as stated

[17:35] above there is very little detail

[17:38] indicating how the board of appealed

[17:39] reached this decisions to reject the

[17:42] petitioner's appeal all that was

[17:45] received by the petitioner was a

[17:46] refunded filing fee in a brief letter

[17:49] from Town Council there was no

[17:51] indication as to the reasoning behind

[17:53] the board's interpretation of the

[17:55] moratorium nor was there any signal as

[17:58] to to whom the board of appeals agreed

[18:00] with Mr pound's letter because this

[18:04] decision seemed to have been made

[18:06] without adherence to

[18:09] any imated standard the risk of

[18:14] erroneous deprivation is exceptionally

[18:17] High related to the value and additional

[18:21] proceding safeg guards is obviously

[18:27] substantial the last

[18:29] factor is the government's interest

[18:32] including the fiscal and administrative

[18:35] burdens that the additional of

[18:37] subordinate procedures would entail the

[18:40] board of appeals is just that a board

[18:44] that hears appeals this is codified

[18:47] within the code of the town of ches

[18:50] beach the procedures and burdens would

[18:53] be no different than any other appeal

[18:55] that has been heard before the

[18:57] represented board

[18:59] accordingly the methodology to hear the

[19:02] appeal has already been put is is

[19:04] already in place thus the government

[19:07] interest particularly its interest in

[19:11] responsible fiscal decision making and

[19:14] avoidance of additional burdens is

[19:16] practically

[19:19] nonexistent this court finds this this

[19:22] court finds that pursuant to the affir

[19:24] mention Maryland State Law the chese

[19:26] code and recognition of the value of the

[19:30] procedural due process the Chesapeake

[19:32] board of appeals was obligated to

[19:34] schedule on petitioners

[19:41] appeal this board and it's not speaking

[19:45] to you it's speaking to the procedures

[19:48] that had to have courts to hear it this

[19:52] board was obligated to hear arguments on

[19:54] the petitioners June 2022

[19:58] appeal in accordance with the appal

[20:01] provisions of Maryland anti Cod L juice

[20:05] 4-30 6 and chesp code

[20:08] 29032 however it failed to do so as

[20:11] stated above on July 6 2022 the board

[20:17] through the Town Administrator and Town

[20:20] Council procedurally ended and rejected

[20:23] partitioners interpretation appeal by

[20:26] letter the court is left with no

[20:28] apparent recourse to remedy error except

[20:31] through an issuance of a written

[20:34] mandress in

[20:36] compelling the board to consider and

[20:39] hear the petitioner's appeal

[20:40] consequently in writ of me mandis

[20:44] memoris although an except an

[20:47] extraordinary remedy is appropriate to

[20:50] compel the board to perform its

[20:53] statutory duty this coure makes no

[20:55] finding or decision as it relates to the

[20:58] merits

[20:59] of the underlying action and appeal at

[21:02] this

[21:04] time this was something that would have

[21:07] really put all the arguments in the

[21:09] context and I went to the Circuit Court

[21:12] myself and paid for and printed this out

[21:14] just because things just didn't sit

[21:16] right um

[21:19] consequently the risks and everything

[21:21] that that this is a the judge's writing

[21:23] that's the judge's order um

[21:26] consequently um after Mr fiser was here

[21:30] uh if yall remember

[21:32] that

[21:34] um the

[21:38] uh the uh there's a connected case

[21:43] that was served on Todd pounds and Holly

[21:48] K wall um in regards to iminent domain

[21:53] due process and and stuff the the items

[21:57] that I came across that were concerning that

[22:01] got me to go to court

[22:06] was in the uh court filings um the

[22:10] initial filings

[22:17] the there's a few check boxes and I'm

[22:21] sure that some of you guys that are

[22:24] attorneys know but on page two of it uh

[22:27] the applicant had

[22:29] checked for mediation arbitration

[22:31] settlement conference neutral evaluation

[22:34] and if new existing case relief on new

[22:38] it case relief there was nothing checked

[22:41] and on all these alternative dispute was

[22:45] no one everything and a trial date of

[22:47] more than three

[22:49] days and this was filed

[22:52] on July 8th 2024

[22:59] it was

[23:00] served on Todd pounds and Holly

[23:05] wall

[23:07] then

[23:17] October and for

[23:20] context

[23:21] um was an election myself Mr Sharp a few

[23:27] other people were running uh for Council

[23:30] and and you learn things and discuss

[23:32] things one of the things that I was

[23:33] learning about was legit it's our

[23:35] insurance company it's

[23:37] a

[23:40] it it's a uh I guess something that

[23:45] people have uh it's sort of people when

[23:48] you fill out your public disclosure

[23:50] there's protection there but the town

[23:51] itself for

[23:53] wrongdoing um so this is where

[23:59] I saw an entry a court

[24:02] appearance uh

[24:05] for Victoria M Sheeran uh eonon and wolf

[24:12] PC uh they're in Handover

[24:15] Marland a quarter mile from the jit's

[24:19] office

[24:21] um she filed a court appearance that she

[24:26] was going to be the attorney for this

[24:28] for for the the other related case on

[24:31] October

[24:33] 8th um and in her

[24:37] filing on that page

[24:41] two she had checked damages and

[24:44] compensated so she's already offering

[24:47] that a of Branch from what I'm

[24:48] interpreting just comparing factual

[24:51] printed

[24:52] documents and she's

[24:55] requested a mediation she's requested a

[24:58] settlement conference she's checked yes

[25:00] to both of them

[25:03] so as confusing as the entire town is in

[25:06] regards to this

[25:08] matter I I I go back to

[25:12] again miss Mary Lam had said it's about

[25:14] our rights it's more about the rights

[25:18] than anything and and the actions and

[25:19] the confusion and and everything the due

[25:22] processes judges orders all of these

[25:25] things I've submitted to you guys to

[25:28] kind of of

[25:32] provide maybe a

[25:35] reference and

[25:37] Clarity to everything that's at hand and

[25:40] note that it is not the next

[25:43] administration's whatever happens it's

[25:46] the previous ones it is nothing I

[25:48] believe that that

[25:52] the Planning and Zoning I think Planning

[25:56] and Zoning tried to do what it was but

[25:58] when you follow the guidance and advice

[26:01] of an attorney and if that attorney is

[26:04] not giving you sound advice for the

[26:07] protection of a town it's sort of what's

[26:09] put us in this

[26:11] very odd strange situation that

[26:15] hopefully we can wiggle oursel out of

[26:18] and but I don't know it's uh there's not

[26:23] another case I can really find that's

[26:25] such from Talking different people and administrative roles throughout our

[26:32] County and state thank you very

[26:34] much thank

[26:49] you Laura Blackwelder 3256 Canon K Court

[26:53] chesp

[26:57] Beach I I would like to thank this board

[26:59] for your time over the course of more

[27:02] than a year you have patiently sat for

[27:04] multiple hearing sessions and considered

[27:07] many pages of documents and letters

[27:09] using precious hours of time that you

[27:12] volunteered to give for

[27:14] free I have attended all but one of

[27:17] these hearings wrote letters and made

[27:19] myself a party of record as a private

[27:20] citizen to remind everyone that when it

[27:23] comes to large-scale development that is

[27:25] both physically and financially

[27:27] impactful to the Town residents like

[27:29] myself are stakeholders in the

[27:32] situation you already have four letters

[27:35] totaling 13 pages of public comment and

[27:37] legal argument from me which I will try

[27:40] to Briefly

[27:41] summarize there are over 6,000 residents

[27:44] in this town who all have a right to

[27:47] benefit from zoning regulations policies

[27:49] and practices that protect the health

[27:52] safety and general well welfare of the

[27:55] town the idea that a municipality should

[27:59] be forced to ignore the projected

[28:01] impacts of recently approved development

[28:04] and also disregard growing environmental

[28:07] concerns to allow a property owner to

[28:09] develop according to zoning regulations

[28:12] that do not address these realities is

[28:15] absurd the idea that a municipality

[28:18] should neglect to require adequate

[28:20] parking open space or supporting

[28:22] infrastructure for large-scale housing

[28:25] projects to make development less costly

[28:27] for for a developer is also

[28:31] inappropriate the Planning Commission

[28:34] and town leaders have determined that

[28:35] the best way for the town to move

[28:37] forward with development will be to

[28:39] require that development proceed

[28:42] according to the updated comprehensive

[28:44] plan and the updated zoning

[28:46] ordinance I believe that the applant

[28:49] should have respected those decisions

[28:52] rather than engaging with this

[28:55] appeal in any case it is time for C PE

[28:58] Beach to leave these expired site plans

[29:00] in the

[29:01] past please remember that the at the

[29:04] board of appeals the applant has the

[29:06] burden of

[29:07] proof I do not see how this burden can

[29:10] be met to adequately support the relief

[29:14] sought in the absence of key Witnesses

[29:18] particularly the town planner and Zoning

[29:20] administrator who recommended the

[29:25] moratorium or in the absence of proper

[29:28] handling of evidence of full

[29:32] litigation in the absence of proof that

[29:35] all five site plans were complete and in

[29:38] the absence of proof that the applant

[29:41] was

[29:51] vested it would be a disservice to the

[29:53] residents of this town who deserve

[29:56] protection of responsible development

[29:58] policies and their tax dollars if the

[30:01] board of appeals were to decide in favor

[30:04] of the

[30:07] applicant please deny this appeal and

[30:10] also refrain from commenting in a way

[30:13] that will complicate future litigation

[30:15] that could cost the taxpayers money

[30:19] thank

[30:20] you thank you

[30:41] okay uh any further people who' like to

[30:46] speak um okay uh I said we would not go

[30:51] this is a specific meeting dedicated to

[30:53] public comment and if that is all the

[30:55] public comment we have we will wrap this

[30:58] meeting up um before we do so um I'm

[31:02] going to announce the next meeting we

[31:03] have planned for December 2nd at 6:30

[31:07] pm

[31:09] um and at this time uh the board would

[31:14] like to move into summary

[31:16] statements um in discussing this with Mr

[31:20] susman we'd like to ask for any any some

[31:23] written summary statements submitted to

[31:25] Sharon preferbly by 11:27 that's two

[31:29] weeks from today um if you would like to

[31:33] include fact of findings and conclusions

[31:35] of law for our uh legal folks here that

[31:38] would be

[31:39] appreciated um Sharon once you receive

[31:42] these if you'd send them out to the

[31:43] board upon receipt um and during the

[31:46] next meeting we will do 15 minutes of

[31:50] oral presentations um that's uh however

[31:53] you'd like to do your closing

[31:56] um so yes submit and writing and we'll

[31:59] do 15 minutes of oral per of oral

[32:01] presentations closings per party um yeah

[32:05] and that will be at the beginning of the

[32:07] next session um Mr Mr chair I I have a

[32:10] hearing on the second second all

[32:13] right that was the only day that was

[32:16] going to work with the board so we will

[32:17] have to reann nowc a different date

[32:19] disregard uh disregard the date for the

[32:22] second uh feel free to in that case also

[32:25] the submission for for written closing

[32:29] is released you may submit that as

[32:31] you're able and we'll

[32:33] reann uh another date when we Mr

[32:36] chairman I think uh to avoid significant

[32:40] advertising issues we got to try and see

[32:43] if we can get a date

[32:45] nowbody has a

[32:55] calendar yeah this would be guess we'll

[32:58] be going into the new year what's the

[33:01] posting requirement it's how long does

[33:02] it have to be advertised just a couple

[33:05] of weeks we're still outside of that

[33:11] window okay okay that's why we need to

[33:14] announce the time plays

[33:17] here all

[33:18] right take a couple moments and figure

[33:21] it out

[33:22] [Music]

[33:45] is

[33:46] there reason that the board wants the

[33:49] 15minute oral presentations because if

[33:53] we didn't want to do that if you didn't

[33:55] do that and just had the uh um

[33:59] deadline

[34:01] you we would meet Mr pound's problem of

[34:04] not being able to come on the second and

[34:06] there wouldn't really be we would just

[34:07] do written submissions I don't I just

[34:10] don't know whether you wanted an oral

[34:13] presentation as well uh possibly to ask

[34:15] additional questions as you saw from the

[34:17] summations I'm not sure what you were

[34:19] anticipating so I'm just throwing out

[34:20] that if we don't need to have the oral

[34:25] presentations we could dispense with

[34:27] that and then that way you wouldn't need

[34:29] the

[34:32] date I'm just throwing it out

[34:36] there yeah I think the thinking behind

[34:40] oral was we don't know what we're going

[34:42] to see in written uh presentations uh we

[34:46] don't know if it's going to be

[34:48] self-explanatory going to be followup

[34:50] that the board is want to ask for

[34:52] counsels and uh thinking was if we get

[34:57] 10 pages of written I like to have you

[35:00] summarize it in 15

[35:03] minutes think that some of the thinking

[35:06] behind the world and that makes sense I

[35:09] just was throwing it out there as a

[35:11] possible solution but it does make

[35:18] sense then one other quick question is

[35:22] in your process you you didn't provide

[35:25] us the opportunity for rebuttal

[35:28] we've had arguments

[35:30] typically petitioner would get a chance

[35:33] to rebuttal we don't we can wave that

[35:35] it's

[35:36] just I don't want to wave it if new

[35:40] facts can be presented during any of the

[35:42] summaries summations I would hope that

[35:45] the rule would be in summation there no facts outside the record can be

[35:51] brought in that would be my hope and

[35:54] expectation this is summation closing

[35:57] argument

[35:58] of what has been being presented uh here

[36:01] in 12 13 nights since last September

[36:05] okay not an opportunity for introducing

[36:09] new evidence new

[36:13] testimony right okay I just want to make

[36:17] sure I don't want to wave our what I

[36:20] view is our right to rebuttal if if

[36:22] other facts can come in and then we

[36:24] can't have an opportunity but if if as

[36:27] long as that's the rule then we don't

[36:29] need

[36:38] Ruttle still looking at January

[36:40] now I'm open I'm just waiting for you oh any any days good well I don't have

[36:47] the um Town calendar but I can make it

[36:55] work what

[36:59] well yeah it can't be um third Thursday

[37:02] because that's the down council

[37:05] meeting other than

[37:07] Thursday and probably not the 22nd

[37:10] because I think you have a Planning and

[37:11] Zoning

[37:18] Zing only Tuesday is not good for

[37:23] me Monday try Monday I don't think

[37:26] Thursday's are good for Steve are they

[37:32] Steve say

[37:41] the that's GNA

[37:44] be

[37:49] little see let's try one more

[37:54] before about the 15

[38:00] say January

[38:01] 15 that's

[38:04] okay right Council that okay out in the

[38:07] panut

[38:09] gallery and you're setting that for 6 or

[38:12] 6:30 6:30 okay so scratch that previous

[38:19] announcement the next meeting will be

[38:21] Wednesday January 15 at 6:30 uh same as

[38:25] before blah blah blah

[38:28] um written summaries 15minute oral

[38:32] presentations at which point uh I'd like

[38:34] the board members to consider what legal

[38:37] questions they have for Mr susman here

[38:39] and to submit them in writing to him um

[38:42] if you have them in advance of closing

[38:44] great um if they come to you after

[38:46] closing so be it um please try and get

[38:50] those to Mr susman as you able um so

[38:53] during the next session we'll do closing

[38:55] and then I expect that we'll go straight

[38:58] into close session to discuss legal

[39:01] issues with Mr susman um which would

[39:04] mean that that's all that will happen

[39:05] during the next meeting we open up

[39:07] closing shut it down and everybody can

[39:09] go and the board will will go and

[39:11] promise not to do any additional

[39:13] business during that time on the

[39:15] 15th so can the deadline for the written

[39:19] be December 31st or something like that

[39:22] yeah just make it I'll say a week a week

[39:24] in advance oh okay the eth y that'll be

[39:31] fine that to Sharon if you

[39:36] would and is Sharon GNA distribute those

[39:39] to all the parties so that we don't

[39:42] we're just sending it to Sharon and she

[39:43] takes care of

[39:46] Y uh okay any additional business before

[39:50] the board

[39:52] tonight hearing none uh at this time

[39:55] I'll enter oh minutes we're going to

[39:57] discuss

[39:57] yes we were going to discuss the minutes

[39:59] I believe Amy had brought up an issue

[40:01] while she was reading it so we can just

[40:02] do that next

[40:04] time haven't approved the minutes from

[40:06] our last meeting and we will come in and

[40:07] do

[40:12] that uh at this time I'd entertain a

[40:16] motion to

[40:18] adjourn make a motion to adjourn do I

[40:21] have a second favor this meeting is

[40:24] adjourned thank you everybody uh see you

[40:26] on the 15th

[40:34] meeting we've ever

[40:37] done a great trip thank

[40:40] you

[40:43] I'm I have lots of pictures

November 13, 2024 Board of Appeals Case#2023-03 Rod n Reel Con't hearing

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