all right welcome everybody this is the
call to order of the chesp beach board
of appeals November 13
2024 um we are here today to receive
public comments on case
20233 um and we will begin with a roll
call as normal I'll go around please
announce if you're present um and do we
have we don't have Richard right oh
Richard um so we expect him
later oh well I'll pause for a
second just about to do roll call
Mr if you would please announce that you
are present uh Mr Richard Burch present
Mr Paul dhy present Amy Everett present
Mr stepen Sharp present and I am Mr jod
honar we have a quorum um we normally do
meeting minute approval but I think
there were some discussions we were
still having so we'll hold on that um
Sharon has nicely compiled a list of
public comments we've received in the
case uh the names and dates for the
receipt of comments submitted to the
board are as follows uh Laura
Blackwelder on 919 and 9:25 Cheryl Emory
on 10:30 Laura Blackwelder on
126 uh Dan Duval Kathleen baral Laura
Blackwater on 14 Lori Hester on 424 Dan
Duval 531 Dan Duval 8819 and
Rita Hayes on
912 I believe we have one more pending
comment and aside from those are there
any other comments that uh you're aware
of
Sharon you uh okay yeah I think you want
to St them into the record um in that
case uh need to make a motion for
that okay in that case this packet of
public
comments um is accepted into the record
there should be nothing new other than
the title
sheet okay
yeah I wasn't planning on it but okay
it's just if you if in subsequent
proceedings you need to make reference
to something it helps to I was I think
we can reference it by the date name and
date submitted since it's already there but we do have a packet
for so yeah uh okay announcements uh
we'll be doing two hours again tonight
so uh normal normal
stuff um following the order of
presentation is documented in the board
of appeals rules of procedure uh the
next few steps we'll be doing here are
uh today is testimony and evidence by
the persons or entities whose rights are
impacted by the appeal this would be any
members of the public who would like to
speak um once this is done uh and not
today we won't be doing this today we'll
follow with summary statements closing
of the public hearing and deliberations
and we'll talk about all those a little
bit later when the time's right uh
moving on um so we are on the board of
appeals continuation for case 20233 Rod
re Incorporated Donovan Estates LLC to
consider an application from Rod reil
Incorporated Donovan Estates LLC of 4
4160 MIRS Avenue ches Beach for decision
on uh on interpretation or alleged error
article 6 section 29023 2931 A1 and A6
of the chesap beach zoning ordinance in
section C309 c310 and c311 of the chesap
beach down chter uh applicant requests
the Chesapeake Beach uh zoning board of
appeals to quote order the zoning
administrator and planning and zoning
commission to immediately commence and
prioritize the processing and review of
the relevant site plan submitted by the
Roden Incorporated Donovan Estates LLC
and that the zoning administrator and
planning and zoning commission be
ordered to apply the zoning ordinances
in effect as of January 29 2021
uh when the applications were submitted
and for such other and further relief as
the nature of their calls
requires at this time we will hear any
member of the public who would like to
speak to the board concerning this case
um step to the Lecter uh write your
information down and announce your name
or who you represent you already got
mine you want me to write it down again
um if it's already there yeah I think
it's not here on this one but I have
attended other ones write your name
again okay add R would you mind doing
the honors of blanket swearing in
everybody who's about to
speak if you intend on speaking tonight
please uh raise your right hand do you
somly affirm uh that the testimony that
you are about to give will be the truth
the whole truth and nothing but the
truth I do I thank you
Randy getman 3248 AA
Chase I'm I'm going to read part of this
and and then I'll actually give you a
hard
copy one of the two main points made by
the applicant and this Planning and
Zoning commission uh I'm sorry is that
the Planning and Zoning commission and
the Planning and Zoning administrator
did not carry out their duties in the
time frame specified by the town
code this point mainly focuses on duties
relating to the update of town
comprehensive plan and the review
approval of category one site plan
submissions the applicant pointed out
that the code requires Planning and
Zoning to do whatever it takes to get
the task done let us remember
that members of the Planning and Zoning
are volunteers they do not get paid
they're appointed by the mayor approved
by Town Council they are not elected
officials the members of the Planning
and Zoning appear to have devoted a good
deal of their time thought energy
dedication and perseverance toward
updating the comprehensive plan since at
least
2018 probably
longer perhaps they felt a bit
overwhelmed when a submission of five
new category one site plans uh came in
while still working diligently on the
comprehensive plan I'm not surprised
that they asked the Town Council for
Relief the second main point made by the
applicant is that the Town Council used
an incorrect method process for
approving the meor
moratorium I'm neither a lawyer nor a
judge so I'll leave that one alone
however I feel their job as elected
officials is to do what is best for the
town and its citizens I got the
impression that each member of the Town
Council took the proposal of the
moratorium very seriously they sought
public input on the issue from both
sides and after due diligence and
careful consideration to what was in the
best interest of the town and its
citizens each member of the council
voted their conscience
the real question in my mind is during
this their six-hour
presentation why did rod and reel not
present
arguments on why the findings in the now
completed comprehensive plan were wrong
or
incorrect why did rod and reel not
challenge that the new ordinance changes
that now prevent their projects from
being built were based on incorrect
information I believe it is because the
information is correct and the Planning
and Zoning did an excellent job of
identifying and planning for future
issues I think that is why the rotten
reel spent six hours focusing on
planning zoning not carrying out their
duties in time frames specified by the
town code or that the moratorium was not
approved
correctly I think they tried to take our
Focus away from the truth that the
planning and zoning and planning and
zoning administrator and the Town
Council all carried out their assigned
duties with due diligence and dedication
to identify what was in the best
interest of our town they did their
job in
conclusion it would have been
inappropriate for the town to demand
that volunteers do whatever it takes to
get the task done we should not treat
these energetic and dedicated Volunteers
in that matter
I feel that when they felt the workload
was too much it was very appropriate for
them to ask for relief from the town's
elected officials I.E the Town
Council I believe both our planning and
zoning and Our Town Council took
appropriate action in the execution of
their duties and that the applicant's
request should be
denied in
closing I would like to offer my
personal thanks
to each member of the Planning and
Zoning to the Planning and Zoning
administrator to the mayor and each
member of Town Council to each member of
the board of
appeals and to each member of the Town
staff for their perseverance honesty and
extreme dedication towards the town and
its
citizens thanks for a job well done
that's all thank you
but you'll see it all in there
ball before you get started is uh is
what you're about to say the same
comment as you submitted to Sharon
before the meeting some of it okay some of it is um
good evening Mr chair
board all sides of down um quick
question I was listening last time and
uh Mr pounds said that he was willing to
uh hear questions and address them in a
manner uh tonight is that offer still
stand
[Music]
um he he's asking whether he can still
ask he had offered I was asking if that
offer had Stood Still
St Mr
pounding
tonight
to it's in connection it's in connection
with my public
comment um are
you are you still willing to answer
questions posed by Mr Duval as Todd
pounds I am but the problem is as an
attorney with everything that's going on
I have no instruction from my client as
to what I'm doing here or anything so um
as Todd pound is more than happy to
answer any questions unfortunately Todd
pound's the lawyer I've got no
instructions so I I don't even know how
to answer the question uh I'm inclined
to ask you to not question because we
we'd prefer if he could answer in his
role that's no problem I'd just like to
say okay if there's something I'd say
that Mr pounds would like to speak on
I'm more than welcome to okay to allow
that okay there I'm not gonna
say so just
as I'm Daniel Deval 3610 chese Beach
Road uh just as Randy was speaking I
think there's a lot of misc confusion
on exactly what we're all doing here and
it
takes a lot of work from the public from
you the board from everyone to kind of
sort this out a lot of times what I like
to do is try to sort of go factchecking
and upon my factchecking I've
realized that the arguments that we hear
here in some ways you feel are arguments
between
opposing sides but as you read the
document in front of us it's almost an
argument with the judge in the order
that was put in place to have this
hearing itself
and and I've been on both sides of of
the the trying to figure this entire
thing out just as everybody has
um the documents I sent you uh there was
three different
emails consisting
of approximately 45 pages or
so page
eight I'm going to go just read uh some
of
this on July 6 2022 Miss Holly K wall
the Town Administrator returned the $500
filing fee along with the refund a copy
of the letter from the town's attorney
Mr Todd R pounds was included informing
the rod and reel about a moratorium that
had been put in place suspending the
review of all applications the
court
finds that as a matter of law this was
in proper means by which to reject a
petitioner's interpretation appeal
page
nine the current matter the appeal was
never heard despite the various States
and local Provisions which both
instructed Pur pursued and procedures on
an appeal are scheduled and held by the
board no hearings were ever conducted
without Reasons by the board and
indirect VI violation of several
provisions of chese code
29032 no proceedings were scheduled no
decisions were rendered and no
resolution was taken by the board
instead through the Town Administrator
Miss Holly K wall and Town Council Todd
R pounds petitioner interpretive appeal
was similar denied on the grounds that a
moratorium had suspended all appeals C
petitioners exhibit 1 page
57 the
letter rejecting the appeal sent by Mr
Todd pounds failed to indicate whom on
the board if any agreed with Mr pound's
decision or his legal interpretation of
the moratorium in fact it is not
entirely clear that the board of appeals
discussed this the appeal the only
indication that the board seemed
seemingly took any stance on the filed
appeal is through the assumption that Mr
Todd R pounds was representing the board
implicitly when he corresponded with the
petitioner via the a a affirmed
letter while this court makes no finding
as to whether petitioner actually has
vested property rights
it does recognize the private interest
at stake potential vested property
rights is of great
significance second the risk of an
erroneous deprivation of this interest
through the proceedings you procedures
used by the government in the value if
any of additional procedure safeguards
the risk of erroneous deprivation of
petitioners private interest through the
procedur used is quite
high as stated
above there is very little detail
indicating how the board of appealed
reached this decisions to reject the
petitioner's appeal all that was
received by the petitioner was a
refunded filing fee in a brief letter
from Town Council there was no
indication as to the reasoning behind
the board's interpretation of the
moratorium nor was there any signal as
to to whom the board of appeals agreed
with Mr pound's letter because this
decision seemed to have been made
without adherence to
any imated standard the risk of
erroneous deprivation is exceptionally
High related to the value and additional
proceding safeg guards is obviously
substantial the last
factor is the government's interest
including the fiscal and administrative
burdens that the additional of
subordinate procedures would entail the
board of appeals is just that a board
that hears appeals this is codified
within the code of the town of ches
beach the procedures and burdens would
be no different than any other appeal
that has been heard before the
represented board
accordingly the methodology to hear the
appeal has already been put is is
already in place thus the government
interest particularly its interest in
responsible fiscal decision making and
avoidance of additional burdens is
practically
nonexistent this court finds this this
court finds that pursuant to the affir
mention Maryland State Law the chese
code and recognition of the value of the
procedural due process the Chesapeake
board of appeals was obligated to
schedule on petitioners
appeal this board and it's not speaking
to you it's speaking to the procedures
that had to have courts to hear it this
board was obligated to hear arguments on
the petitioners June 2022
appeal in accordance with the appal
provisions of Maryland anti Cod L juice
4-30 6 and chesp code
29032 however it failed to do so as
stated above on July 6 2022 the board
through the Town Administrator and Town
Council procedurally ended and rejected
partitioners interpretation appeal by
letter the court is left with no
apparent recourse to remedy error except
through an issuance of a written
mandress in
compelling the board to consider and
hear the petitioner's appeal
consequently in writ of me mandis
memoris although an except an
extraordinary remedy is appropriate to
compel the board to perform its
statutory duty this coure makes no
finding or decision as it relates to the
merits
of the underlying action and appeal at
this
time this was something that would have
really put all the arguments in the
context and I went to the Circuit Court
myself and paid for and printed this out
just because things just didn't sit
right um
consequently the risks and everything
that that this is a the judge's writing
that's the judge's order um
consequently um after Mr fiser was here
uh if yall remember
that
um the
uh the uh there's a connected case
that was served on Todd pounds and Holly
K wall um in regards to iminent domain
due process and and stuff the the items
that I came across that were concerning that
got me to go to court
was in the uh court filings um the
initial filings
the there's a few check boxes and I'm
sure that some of you guys that are
attorneys know but on page two of it uh
the applicant had
checked for mediation arbitration
settlement conference neutral evaluation
and if new existing case relief on new
it case relief there was nothing checked
and on all these alternative dispute was
no one everything and a trial date of
more than three
days and this was filed
on July 8th 2024
it was
served on Todd pounds and Holly
wall
then
October and for
context
um was an election myself Mr Sharp a few
other people were running uh for Council
and and you learn things and discuss
things one of the things that I was
learning about was legit it's our
insurance company it's
a
it it's a uh I guess something that
people have uh it's sort of people when
you fill out your public disclosure
there's protection there but the town
itself for
wrongdoing um so this is where
I saw an entry a court
appearance uh
for Victoria M Sheeran uh eonon and wolf
PC uh they're in Handover
Marland a quarter mile from the jit's
office
um she filed a court appearance that she
was going to be the attorney for this
for for the the other related case on
October
8th um and in her
filing on that page
two she had checked damages and
compensated so she's already offering
that a of Branch from what I'm
interpreting just comparing factual
printed
documents and she's
requested a mediation she's requested a
settlement conference she's checked yes
to both of them
so as confusing as the entire town is in
regards to this
matter I I I go back to
again miss Mary Lam had said it's about
our rights it's more about the rights
than anything and and the actions and
the confusion and and everything the due
processes judges orders all of these
things I've submitted to you guys to
kind of of
provide maybe a
reference and
Clarity to everything that's at hand and
note that it is not the next
administration's whatever happens it's
the previous ones it is nothing I
believe that that
the Planning and Zoning I think Planning
and Zoning tried to do what it was but
when you follow the guidance and advice
of an attorney and if that attorney is
not giving you sound advice for the
protection of a town it's sort of what's
put us in this
very odd strange situation that
hopefully we can wiggle oursel out of
and but I don't know it's uh there's not
another case I can really find that's
such from Talking different people and administrative roles throughout our
County and state thank you very
much thank
you Laura Blackwelder 3256 Canon K Court
chesp
Beach I I would like to thank this board
for your time over the course of more
than a year you have patiently sat for
multiple hearing sessions and considered
many pages of documents and letters
using precious hours of time that you
volunteered to give for
free I have attended all but one of
these hearings wrote letters and made
myself a party of record as a private
citizen to remind everyone that when it
comes to large-scale development that is
both physically and financially
impactful to the Town residents like
myself are stakeholders in the
situation you already have four letters
totaling 13 pages of public comment and
legal argument from me which I will try
to Briefly
summarize there are over 6,000 residents
in this town who all have a right to
benefit from zoning regulations policies
and practices that protect the health
safety and general well welfare of the
town the idea that a municipality should
be forced to ignore the projected
impacts of recently approved development
and also disregard growing environmental
concerns to allow a property owner to
develop according to zoning regulations
that do not address these realities is
absurd the idea that a municipality
should neglect to require adequate
parking open space or supporting
infrastructure for large-scale housing
projects to make development less costly
for for a developer is also
inappropriate the Planning Commission
and town leaders have determined that
the best way for the town to move
forward with development will be to
require that development proceed
according to the updated comprehensive
plan and the updated zoning
ordinance I believe that the applant
should have respected those decisions
rather than engaging with this
appeal in any case it is time for C PE
Beach to leave these expired site plans
in the
past please remember that the at the
board of appeals the applant has the
burden of
proof I do not see how this burden can
be met to adequately support the relief
sought in the absence of key Witnesses
particularly the town planner and Zoning
administrator who recommended the
moratorium or in the absence of proper
handling of evidence of full
litigation in the absence of proof that
all five site plans were complete and in
the absence of proof that the applant
was
vested it would be a disservice to the
residents of this town who deserve
protection of responsible development
policies and their tax dollars if the
board of appeals were to decide in favor
of the
applicant please deny this appeal and
also refrain from commenting in a way
that will complicate future litigation
that could cost the taxpayers money
thank
you thank you
okay uh any further people who' like to
speak um okay uh I said we would not go
this is a specific meeting dedicated to
public comment and if that is all the
public comment we have we will wrap this
meeting up um before we do so um I'm
going to announce the next meeting we
have planned for December 2nd at 6:30
pm
um and at this time uh the board would
like to move into summary
statements um in discussing this with Mr
susman we'd like to ask for any any some
written summary statements submitted to
Sharon preferbly by 11:27 that's two
weeks from today um if you would like to
include fact of findings and conclusions
of law for our uh legal folks here that
would be
appreciated um Sharon once you receive
these if you'd send them out to the
board upon receipt um and during the
next meeting we will do 15 minutes of
oral presentations um that's uh however
you'd like to do your closing
um so yes submit and writing and we'll
do 15 minutes of oral per of oral
presentations closings per party um yeah
and that will be at the beginning of the
next session um Mr Mr chair I I have a
hearing on the second second all
right that was the only day that was
going to work with the board so we will
have to reann nowc a different date
disregard uh disregard the date for the
second uh feel free to in that case also
the submission for for written closing
is released you may submit that as
you're able and we'll
reann uh another date when we Mr
chairman I think uh to avoid significant
advertising issues we got to try and see
if we can get a date
nowbody has a
calendar yeah this would be guess we'll
be going into the new year what's the
posting requirement it's how long does
it have to be advertised just a couple
of weeks we're still outside of that
window okay okay that's why we need to
announce the time plays
here all
right take a couple moments and figure
it out
[Music]
is
there reason that the board wants the
15minute oral presentations because if
we didn't want to do that if you didn't
do that and just had the uh um
deadline
you we would meet Mr pound's problem of
not being able to come on the second and
there wouldn't really be we would just
do written submissions I don't I just
don't know whether you wanted an oral
presentation as well uh possibly to ask
additional questions as you saw from the
summations I'm not sure what you were
anticipating so I'm just throwing out
that if we don't need to have the oral
presentations we could dispense with
that and then that way you wouldn't need
the
date I'm just throwing it out
there yeah I think the thinking behind
oral was we don't know what we're going
to see in written uh presentations uh we
don't know if it's going to be
self-explanatory going to be followup
that the board is want to ask for
counsels and uh thinking was if we get
10 pages of written I like to have you
summarize it in 15
minutes think that some of the thinking
behind the world and that makes sense I
just was throwing it out there as a
possible solution but it does make
sense then one other quick question is
in your process you you didn't provide
us the opportunity for rebuttal
we've had arguments
typically petitioner would get a chance
to rebuttal we don't we can wave that
it's
just I don't want to wave it if new
facts can be presented during any of the
summaries summations I would hope that
the rule would be in summation there no facts outside the record can be
brought in that would be my hope and
expectation this is summation closing
argument
of what has been being presented uh here
in 12 13 nights since last September
okay not an opportunity for introducing
new evidence new
testimony right okay I just want to make
sure I don't want to wave our what I
view is our right to rebuttal if if
other facts can come in and then we
can't have an opportunity but if if as
long as that's the rule then we don't
need
Ruttle still looking at January
now I'm open I'm just waiting for you oh any any days good well I don't have
the um Town calendar but I can make it
work what
well yeah it can't be um third Thursday
because that's the down council
meeting other than
Thursday and probably not the 22nd
because I think you have a Planning and
Zoning
Zing only Tuesday is not good for
me Monday try Monday I don't think
Thursday's are good for Steve are they
Steve say
the that's GNA
be
little see let's try one more
before about the 15
say January
15 that's
okay right Council that okay out in the
panut
gallery and you're setting that for 6 or
6:30 6:30 okay so scratch that previous
announcement the next meeting will be
Wednesday January 15 at 6:30 uh same as
before blah blah blah
um written summaries 15minute oral
presentations at which point uh I'd like
the board members to consider what legal
questions they have for Mr susman here
and to submit them in writing to him um
if you have them in advance of closing
great um if they come to you after
closing so be it um please try and get
those to Mr susman as you able um so
during the next session we'll do closing
and then I expect that we'll go straight
into close session to discuss legal
issues with Mr susman um which would
mean that that's all that will happen
during the next meeting we open up
closing shut it down and everybody can
go and the board will will go and
promise not to do any additional
business during that time on the
15th so can the deadline for the written
be December 31st or something like that
yeah just make it I'll say a week a week
in advance oh okay the eth y that'll be
fine that to Sharon if you
would and is Sharon GNA distribute those
to all the parties so that we don't
we're just sending it to Sharon and she
takes care of
Y uh okay any additional business before
the board
tonight hearing none uh at this time
I'll enter oh minutes we're going to
discuss
yes we were going to discuss the minutes
I believe Amy had brought up an issue
while she was reading it so we can just
do that next
time haven't approved the minutes from
our last meeting and we will come in and
do
that uh at this time I'd entertain a
motion to
adjourn make a motion to adjourn do I
have a second favor this meeting is
adjourned thank you everybody uh see you
on the 15th
meeting we've ever
done a great trip thank
you
I'm I have lots of pictures