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all right welcome everybody this is the

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call to order of the chesp beach board

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of appeals November 13

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2024 um we are here today to receive

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public comments on case

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20233 um and we will begin with a roll

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call as normal I'll go around please

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announce if you're present um and do we

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have we don't have Richard right oh

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Richard um so we expect him

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later oh well I'll pause for a

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second just about to do roll call

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Mr if you would please announce that you

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are present uh Mr Richard Burch present

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Mr Paul dhy present Amy Everett present

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Mr stepen Sharp present and I am Mr jod

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honar we have a quorum um we normally do

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meeting minute approval but I think

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there were some discussions we were

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still having so we'll hold on that um

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Sharon has nicely compiled a list of

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public comments we've received in the

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case uh the names and dates for the

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receipt of comments submitted to the

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board are as follows uh Laura

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Blackwelder on 919 and 9:25 Cheryl Emory

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on 10:30 Laura Blackwelder on

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126 uh Dan Duval Kathleen baral Laura

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Blackwater on 14 Lori Hester on 424 Dan

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Duval 531 Dan Duval 8819 and

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Rita Hayes on

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912 I believe we have one more pending

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comment and aside from those are there

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any other comments that uh you're aware

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of

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Sharon you uh okay yeah I think you want

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to St them into the record um in that

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case uh need to make a motion for

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that okay in that case this packet of

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public

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comments um is accepted into the record

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there should be nothing new other than

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the title

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sheet okay

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yeah I wasn't planning on it but okay

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it's just if you if in subsequent

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proceedings you need to make reference

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to something it helps to I was I think

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we can reference it by the date name and

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date submitted since it's already there but we do have a packet

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for so yeah uh okay announcements uh

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we'll be doing two hours again tonight

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so uh normal normal

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stuff um following the order of

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presentation is documented in the board

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of appeals rules of procedure uh the

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next few steps we'll be doing here are

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uh today is testimony and evidence by

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the persons or entities whose rights are

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impacted by the appeal this would be any

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members of the public who would like to

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speak um once this is done uh and not

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today we won't be doing this today we'll

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follow with summary statements closing

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of the public hearing and deliberations

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and we'll talk about all those a little

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bit later when the time's right uh

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moving on um so we are on the board of

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appeals continuation for case 20233 Rod

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re Incorporated Donovan Estates LLC to

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consider an application from Rod reil

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Incorporated Donovan Estates LLC of 4

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4160 MIRS Avenue ches Beach for decision

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on uh on interpretation or alleged error

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article 6 section 29023 2931 A1 and A6

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of the chesap beach zoning ordinance in

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section C309 c310 and c311 of the chesap

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beach down chter uh applicant requests

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the Chesapeake Beach uh zoning board of

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appeals to quote order the zoning

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administrator and planning and zoning

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commission to immediately commence and

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prioritize the processing and review of

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the relevant site plan submitted by the

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Roden Incorporated Donovan Estates LLC

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and that the zoning administrator and

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planning and zoning commission be

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ordered to apply the zoning ordinances

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in effect as of January 29 2021

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uh when the applications were submitted

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and for such other and further relief as

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the nature of their calls

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requires at this time we will hear any

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member of the public who would like to

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speak to the board concerning this case

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um step to the Lecter uh write your

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information down and announce your name

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or who you represent you already got

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mine you want me to write it down again

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um if it's already there yeah I think

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it's not here on this one but I have

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attended other ones write your name

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again okay add R would you mind doing

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the honors of blanket swearing in

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everybody who's about to

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speak if you intend on speaking tonight

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please uh raise your right hand do you

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somly affirm uh that the testimony that

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you are about to give will be the truth

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the whole truth and nothing but the

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truth I do I thank you

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Randy getman 3248 AA

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Chase I'm I'm going to read part of this

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and and then I'll actually give you a

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hard

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copy one of the two main points made by

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the applicant and this Planning and

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Zoning commission uh I'm sorry is that

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the Planning and Zoning commission and

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the Planning and Zoning administrator

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did not carry out their duties in the

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time frame specified by the town

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code this point mainly focuses on duties

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relating to the update of town

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comprehensive plan and the review

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approval of category one site plan

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submissions the applicant pointed out

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that the code requires Planning and

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Zoning to do whatever it takes to get

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the task done let us remember

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that members of the Planning and Zoning

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are volunteers they do not get paid

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they're appointed by the mayor approved

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by Town Council they are not elected

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officials the members of the Planning

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and Zoning appear to have devoted a good

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deal of their time thought energy

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dedication and perseverance toward

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updating the comprehensive plan since at

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least

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2018 probably

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longer perhaps they felt a bit

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overwhelmed when a submission of five

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new category one site plans uh came in

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while still working diligently on the

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comprehensive plan I'm not surprised

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that they asked the Town Council for

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Relief the second main point made by the

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applicant is that the Town Council used

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an incorrect method process for

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approving the meor

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moratorium I'm neither a lawyer nor a

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judge so I'll leave that one alone

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however I feel their job as elected

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officials is to do what is best for the

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town and its citizens I got the

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impression that each member of the Town

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Council took the proposal of the

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moratorium very seriously they sought

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public input on the issue from both

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sides and after due diligence and

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careful consideration to what was in the

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best interest of the town and its

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citizens each member of the council

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voted their conscience

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the real question in my mind is during

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this their six-hour

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presentation why did rod and reel not

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present

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arguments on why the findings in the now

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completed comprehensive plan were wrong

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or

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incorrect why did rod and reel not

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challenge that the new ordinance changes

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that now prevent their projects from

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being built were based on incorrect

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information I believe it is because the

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information is correct and the Planning

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and Zoning did an excellent job of

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identifying and planning for future

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issues I think that is why the rotten

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reel spent six hours focusing on

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planning zoning not carrying out their

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duties in time frames specified by the

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town code or that the moratorium was not

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approved

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correctly I think they tried to take our

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Focus away from the truth that the

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planning and zoning and planning and

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zoning administrator and the Town

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Council all carried out their assigned

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duties with due diligence and dedication

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to identify what was in the best

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interest of our town they did their

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job in

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conclusion it would have been

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inappropriate for the town to demand

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that volunteers do whatever it takes to

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get the task done we should not treat

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these energetic and dedicated Volunteers

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in that matter

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I feel that when they felt the workload

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was too much it was very appropriate for

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them to ask for relief from the town's

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elected officials I.E the Town

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Council I believe both our planning and

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zoning and Our Town Council took

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appropriate action in the execution of

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their duties and that the applicant's

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request should be

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denied in

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closing I would like to offer my

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personal thanks

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to each member of the Planning and

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Zoning to the Planning and Zoning

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administrator to the mayor and each

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member of Town Council to each member of

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the board of

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appeals and to each member of the Town

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staff for their perseverance honesty and

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extreme dedication towards the town and

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its

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citizens thanks for a job well done

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that's all thank you

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but you'll see it all in there

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ball before you get started is uh is

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what you're about to say the same

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comment as you submitted to Sharon

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before the meeting some of it okay some of it is um

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good evening Mr chair

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board all sides of down um quick

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question I was listening last time and

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uh Mr pounds said that he was willing to

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uh hear questions and address them in a

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manner uh tonight is that offer still

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stand

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[Music]

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um he he's asking whether he can still

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ask he had offered I was asking if that

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offer had Stood Still

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St Mr

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pounding

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tonight

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to it's in connection it's in connection

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with my public

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comment um are

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you are you still willing to answer

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questions posed by Mr Duval as Todd

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pounds I am but the problem is as an

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attorney with everything that's going on

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I have no instruction from my client as

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to what I'm doing here or anything so um

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as Todd pound is more than happy to

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answer any questions unfortunately Todd

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pound's the lawyer I've got no

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instructions so I I don't even know how

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to answer the question uh I'm inclined

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to ask you to not question because we

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we'd prefer if he could answer in his

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role that's no problem I'd just like to

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say okay if there's something I'd say

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that Mr pounds would like to speak on

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I'm more than welcome to okay to allow

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that okay there I'm not gonna

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say so just

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as I'm Daniel Deval 3610 chese Beach

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Road uh just as Randy was speaking I

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think there's a lot of misc confusion

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on exactly what we're all doing here and

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it

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takes a lot of work from the public from

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you the board from everyone to kind of

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sort this out a lot of times what I like

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to do is try to sort of go factchecking

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and upon my factchecking I've

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realized that the arguments that we hear

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here in some ways you feel are arguments

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between

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opposing sides but as you read the

280
00:13:32,880 --> 00:13:34,959
document in front of us it's almost an

281
00:13:34,959 --> 00:13:37,839
argument with the judge in the order

282
00:13:37,839 --> 00:13:40,560
that was put in place to have this

283
00:13:40,560 --> 00:13:43,240
hearing itself

284
00:13:43,240 --> 00:13:48,199
and and I've been on both sides of of

285
00:13:48,199 --> 00:13:50,519
the the trying to figure this entire

286
00:13:50,519 --> 00:13:56,350
thing out just as everybody has

287
00:13:56,360 --> 00:14:00,279
um the documents I sent you uh there was

288
00:14:00,279 --> 00:14:01,839
three different

289
00:14:01,839 --> 00:14:04,399
emails consisting

290
00:14:04,399 --> 00:14:10,350
of approximately 45 pages or

291
00:14:10,360 --> 00:14:12,519
so page

292
00:14:12,519 --> 00:14:15,560
eight I'm going to go just read uh some

293
00:14:15,560 --> 00:14:16,839
of

294
00:14:16,839 --> 00:14:22,000
this on July 6 2022 Miss Holly K wall

295
00:14:22,000 --> 00:14:25,440
the Town Administrator returned the $500

296
00:14:25,440 --> 00:14:28,759
filing fee along with the refund a copy

297
00:14:28,759 --> 00:14:31,440
of the letter from the town's attorney

298
00:14:31,440 --> 00:14:34,199
Mr Todd R pounds was included informing

299
00:14:34,199 --> 00:14:36,399
the rod and reel about a moratorium that

300
00:14:36,399 --> 00:14:38,399
had been put in place suspending the

301
00:14:38,399 --> 00:14:41,519
review of all applications the

302
00:14:41,519 --> 00:14:43,399
court

303
00:14:43,399 --> 00:14:47,880
finds that as a matter of law this was

304
00:14:47,880 --> 00:14:52,639
in proper means by which to reject a

305
00:14:52,639 --> 00:15:01,069
petitioner's interpretation appeal

306
00:15:01,079 --> 00:15:02,519
page

307
00:15:02,519 --> 00:15:06,199
nine the current matter the appeal was

308
00:15:06,199 --> 00:15:10,680
never heard despite the various States

309
00:15:10,680 --> 00:15:14,639
and local Provisions which both

310
00:15:14,639 --> 00:15:18,720
instructed Pur pursued and procedures on

311
00:15:18,720 --> 00:15:22,560
an appeal are scheduled and held by the

312
00:15:22,560 --> 00:15:25,480
board no hearings were ever conducted

313
00:15:25,480 --> 00:15:28,120
without Reasons by the board and

314
00:15:28,120 --> 00:15:31,079
indirect VI violation of several

315
00:15:31,079 --> 00:15:34,519
provisions of chese code

316
00:15:34,519 --> 00:15:38,000
29032 no proceedings were scheduled no

317
00:15:38,000 --> 00:15:40,279
decisions were rendered and no

318
00:15:40,279 --> 00:15:44,160
resolution was taken by the board

319
00:15:44,160 --> 00:15:47,000
instead through the Town Administrator

320
00:15:47,000 --> 00:15:50,480
Miss Holly K wall and Town Council Todd

321
00:15:50,480 --> 00:15:54,120
R pounds petitioner interpretive appeal

322
00:15:54,120 --> 00:15:56,959
was similar denied on the grounds that a

323
00:15:56,959 --> 00:16:00,199
moratorium had suspended all appeals C

324
00:16:00,199 --> 00:16:03,000
petitioners exhibit 1 page

325
00:16:03,000 --> 00:16:04,720
57 the

326
00:16:04,720 --> 00:16:08,399
letter rejecting the appeal sent by Mr

327
00:16:08,399 --> 00:16:12,720
Todd pounds failed to indicate whom on

328
00:16:12,720 --> 00:16:15,399
the board if any agreed with Mr pound's

329
00:16:15,399 --> 00:16:18,360
decision or his legal interpretation of

330
00:16:18,360 --> 00:16:22,000
the moratorium in fact it is not

331
00:16:22,000 --> 00:16:24,720
entirely clear that the board of appeals

332
00:16:24,720 --> 00:16:27,240
discussed this the appeal the only

333
00:16:27,240 --> 00:16:28,920
indication that the board seemed

334
00:16:28,920 --> 00:16:32,800
seemingly took any stance on the filed

335
00:16:32,800 --> 00:16:36,480
appeal is through the assumption that Mr

336
00:16:36,480 --> 00:16:40,800
Todd R pounds was representing the board

337
00:16:40,800 --> 00:16:44,079
implicitly when he corresponded with the

338
00:16:44,079 --> 00:16:51,629
petitioner via the a a affirmed

339
00:16:51,639 --> 00:16:55,720
letter while this court makes no finding

340
00:16:55,720 --> 00:16:57,600
as to whether petitioner actually has

341
00:16:57,600 --> 00:16:59,519
vested property rights

342
00:16:59,519 --> 00:17:02,519
it does recognize the private interest

343
00:17:02,519 --> 00:17:05,120
at stake potential vested property

344
00:17:05,120 --> 00:17:08,240
rights is of great

345
00:17:08,240 --> 00:17:11,559
significance second the risk of an

346
00:17:11,559 --> 00:17:15,199
erroneous deprivation of this interest

347
00:17:15,199 --> 00:17:17,720
through the proceedings you procedures

348
00:17:17,720 --> 00:17:20,400
used by the government in the value if

349
00:17:20,400 --> 00:17:23,919
any of additional procedure safeguards

350
00:17:23,919 --> 00:17:27,640
the risk of erroneous deprivation of

351
00:17:27,640 --> 00:17:29,520
petitioners private interest through the

352
00:17:29,520 --> 00:17:33,080
procedur used is quite

353
00:17:33,080 --> 00:17:35,360
high as stated

354
00:17:35,360 --> 00:17:38,080
above there is very little detail

355
00:17:38,080 --> 00:17:39,960
indicating how the board of appealed

356
00:17:39,960 --> 00:17:42,200
reached this decisions to reject the

357
00:17:42,200 --> 00:17:45,039
petitioner's appeal all that was

358
00:17:45,039 --> 00:17:46,799
received by the petitioner was a

359
00:17:46,799 --> 00:17:49,200
refunded filing fee in a brief letter

360
00:17:49,200 --> 00:17:51,640
from Town Council there was no

361
00:17:51,640 --> 00:17:53,919
indication as to the reasoning behind

362
00:17:53,919 --> 00:17:55,880
the board's interpretation of the

363
00:17:55,880 --> 00:17:58,679
moratorium nor was there any signal as

364
00:17:58,679 --> 00:18:00,880
to to whom the board of appeals agreed

365
00:18:00,880 --> 00:18:04,039
with Mr pound's letter because this

366
00:18:04,039 --> 00:18:06,400
decision seemed to have been made

367
00:18:06,400 --> 00:18:09,720
without adherence to

368
00:18:09,720 --> 00:18:14,360
any imated standard the risk of

369
00:18:14,360 --> 00:18:17,600
erroneous deprivation is exceptionally

370
00:18:17,600 --> 00:18:21,760
High related to the value and additional

371
00:18:21,760 --> 00:18:27,310
proceding safeg guards is obviously

372
00:18:27,320 --> 00:18:29,559
substantial the last

373
00:18:29,559 --> 00:18:32,360
factor is the government's interest

374
00:18:32,360 --> 00:18:35,360
including the fiscal and administrative

375
00:18:35,360 --> 00:18:37,640
burdens that the additional of

376
00:18:37,640 --> 00:18:40,440
subordinate procedures would entail the

377
00:18:40,440 --> 00:18:44,240
board of appeals is just that a board

378
00:18:44,240 --> 00:18:47,840
that hears appeals this is codified

379
00:18:47,840 --> 00:18:50,080
within the code of the town of ches

380
00:18:50,080 --> 00:18:53,039
beach the procedures and burdens would

381
00:18:53,039 --> 00:18:55,840
be no different than any other appeal

382
00:18:55,840 --> 00:18:57,880
that has been heard before the

383
00:18:57,880 --> 00:18:59,520
represented board

384
00:18:59,520 --> 00:19:02,320
accordingly the methodology to hear the

385
00:19:02,320 --> 00:19:04,600
appeal has already been put is is

386
00:19:04,600 --> 00:19:07,640
already in place thus the government

387
00:19:07,640 --> 00:19:11,200
interest particularly its interest in

388
00:19:11,200 --> 00:19:14,200
responsible fiscal decision making and

389
00:19:14,200 --> 00:19:16,760
avoidance of additional burdens is

390
00:19:16,760 --> 00:19:19,120
practically

391
00:19:19,120 --> 00:19:22,400
nonexistent this court finds this this

392
00:19:22,400 --> 00:19:24,760
court finds that pursuant to the affir

393
00:19:24,760 --> 00:19:26,919
mention Maryland State Law the chese

394
00:19:26,919 --> 00:19:30,039
code and recognition of the value of the

395
00:19:30,039 --> 00:19:32,960
procedural due process the Chesapeake

396
00:19:32,960 --> 00:19:34,760
board of appeals was obligated to

397
00:19:34,760 --> 00:19:41,710
schedule on petitioners

398
00:19:41,720 --> 00:19:45,000
appeal this board and it's not speaking

399
00:19:45,000 --> 00:19:48,559
to you it's speaking to the procedures

400
00:19:48,559 --> 00:19:52,360
that had to have courts to hear it this

401
00:19:52,360 --> 00:19:54,440
board was obligated to hear arguments on

402
00:19:54,440 --> 00:19:58,960
the petitioners June 2022

403
00:19:58,960 --> 00:20:01,480
appeal in accordance with the appal

404
00:20:01,480 --> 00:20:05,120
provisions of Maryland anti Cod L juice

405
00:20:05,120 --> 00:20:08,679
4-30 6 and chesp code

406
00:20:08,679 --> 00:20:11,919
29032 however it failed to do so as

407
00:20:11,919 --> 00:20:17,720
stated above on July 6 2022 the board

408
00:20:17,720 --> 00:20:20,240
through the Town Administrator and Town

409
00:20:20,240 --> 00:20:23,600
Council procedurally ended and rejected

410
00:20:23,600 --> 00:20:26,520
partitioners interpretation appeal by

411
00:20:26,520 --> 00:20:28,960
letter the court is left with no

412
00:20:28,960 --> 00:20:31,679
apparent recourse to remedy error except

413
00:20:31,679 --> 00:20:34,159
through an issuance of a written

414
00:20:34,159 --> 00:20:36,320
mandress in

415
00:20:36,320 --> 00:20:39,320
compelling the board to consider and

416
00:20:39,320 --> 00:20:40,679
hear the petitioner's appeal

417
00:20:40,679 --> 00:20:44,159
consequently in writ of me mandis

418
00:20:44,159 --> 00:20:47,960
memoris although an except an

419
00:20:47,960 --> 00:20:50,720
extraordinary remedy is appropriate to

420
00:20:50,720 --> 00:20:53,039
compel the board to perform its

421
00:20:53,039 --> 00:20:55,760
statutory duty this coure makes no

422
00:20:55,760 --> 00:20:58,200
finding or decision as it relates to the

423
00:20:58,200 --> 00:20:59,400
merits

424
00:20:59,400 --> 00:21:02,200
of the underlying action and appeal at

425
00:21:02,200 --> 00:21:04,320
this

426
00:21:04,320 --> 00:21:07,720
time this was something that would have

427
00:21:07,720 --> 00:21:09,679
really put all the arguments in the

428
00:21:09,679 --> 00:21:12,159
context and I went to the Circuit Court

429
00:21:12,159 --> 00:21:14,919
myself and paid for and printed this out

430
00:21:14,919 --> 00:21:16,919
just because things just didn't sit

431
00:21:16,919 --> 00:21:19,360
right um

432
00:21:19,360 --> 00:21:21,760
consequently the risks and everything

433
00:21:21,760 --> 00:21:23,919
that that this is a the judge's writing

434
00:21:23,919 --> 00:21:26,799
that's the judge's order um

435
00:21:26,799 --> 00:21:30,520
consequently um after Mr fiser was here

436
00:21:30,520 --> 00:21:32,279
uh if yall remember

437
00:21:32,279 --> 00:21:34,320
that

438
00:21:34,320 --> 00:21:38,470
um the

439
00:21:38,480 --> 00:21:43,840
uh the uh there's a connected case

440
00:21:43,840 --> 00:21:48,000
that was served on Todd pounds and Holly

441
00:21:48,000 --> 00:21:53,919
K wall um in regards to iminent domain

442
00:21:53,919 --> 00:21:57,279
due process and and stuff the the items

443
00:21:57,279 --> 00:22:01,440
that I came across that were concerning that

444
00:22:01,440 --> 00:22:06,310
got me to go to court

445
00:22:06,320 --> 00:22:10,880
was in the uh court filings um the

446
00:22:10,880 --> 00:22:17,269
initial filings

447
00:22:17,279 --> 00:22:21,200
the there's a few check boxes and I'm

448
00:22:21,200 --> 00:22:24,120
sure that some of you guys that are

449
00:22:24,120 --> 00:22:27,039
attorneys know but on page two of it uh

450
00:22:27,039 --> 00:22:29,039
the applicant had

451
00:22:29,039 --> 00:22:31,600
checked for mediation arbitration

452
00:22:31,600 --> 00:22:34,360
settlement conference neutral evaluation

453
00:22:34,360 --> 00:22:38,400
and if new existing case relief on new

454
00:22:38,400 --> 00:22:41,320
it case relief there was nothing checked

455
00:22:41,320 --> 00:22:45,000
and on all these alternative dispute was

456
00:22:45,000 --> 00:22:47,840
no one everything and a trial date of

457
00:22:47,840 --> 00:22:49,120
more than three

458
00:22:49,120 --> 00:22:52,200
days and this was filed

459
00:22:52,200 --> 00:22:59,669
on July 8th 2024

460
00:22:59,679 --> 00:23:00,600
it was

461
00:23:00,600 --> 00:23:05,710
served on Todd pounds and Holly

462
00:23:05,720 --> 00:23:07,799
wall

463
00:23:07,799 --> 00:23:17,909
then

464
00:23:17,919 --> 00:23:20,120
October and for

465
00:23:20,120 --> 00:23:21,640
context

466
00:23:21,640 --> 00:23:27,240
um was an election myself Mr Sharp a few

467
00:23:27,240 --> 00:23:30,039
other people were running uh for Council

468
00:23:30,039 --> 00:23:32,320
and and you learn things and discuss

469
00:23:32,320 --> 00:23:33,559
things one of the things that I was

470
00:23:33,559 --> 00:23:35,400
learning about was legit it's our

471
00:23:35,400 --> 00:23:37,919
insurance company it's

472
00:23:37,919 --> 00:23:40,799
a

473
00:23:40,799 --> 00:23:45,520
it it's a uh I guess something that

474
00:23:45,520 --> 00:23:48,159
people have uh it's sort of people when

475
00:23:48,159 --> 00:23:50,080
you fill out your public disclosure

476
00:23:50,080 --> 00:23:51,720
there's protection there but the town

477
00:23:51,720 --> 00:23:53,200
itself for

478
00:23:53,200 --> 00:23:59,430
wrongdoing um so this is where

479
00:23:59,440 --> 00:24:02,240
I saw an entry a court

480
00:24:02,240 --> 00:24:05,559
appearance uh

481
00:24:05,559 --> 00:24:12,080
for Victoria M Sheeran uh eonon and wolf

482
00:24:12,080 --> 00:24:15,080
PC uh they're in Handover

483
00:24:15,080 --> 00:24:19,480
Marland a quarter mile from the jit's

484
00:24:19,480 --> 00:24:21,400
office

485
00:24:21,400 --> 00:24:26,000
um she filed a court appearance that she

486
00:24:26,000 --> 00:24:28,000
was going to be the attorney for this

487
00:24:28,000 --> 00:24:31,840
for for the the other related case on

488
00:24:31,840 --> 00:24:33,919
October

489
00:24:33,919 --> 00:24:37,640
8th um and in her

490
00:24:37,640 --> 00:24:41,200
filing on that page

491
00:24:41,200 --> 00:24:44,960
two she had checked damages and

492
00:24:44,960 --> 00:24:47,360
compensated so she's already offering

493
00:24:47,360 --> 00:24:48,799
that a of Branch from what I'm

494
00:24:48,799 --> 00:24:51,640
interpreting just comparing factual

495
00:24:51,640 --> 00:24:52,880
printed

496
00:24:52,880 --> 00:24:55,600
documents and she's

497
00:24:55,600 --> 00:24:58,600
requested a mediation she's requested a

498
00:24:58,600 --> 00:25:00,120
settlement conference she's checked yes

499
00:25:00,120 --> 00:25:03,360
to both of them

500
00:25:03,360 --> 00:25:06,559
so as confusing as the entire town is in

501
00:25:06,559 --> 00:25:08,200
regards to this

502
00:25:08,200 --> 00:25:12,000
matter I I I go back to

503
00:25:12,000 --> 00:25:14,960
again miss Mary Lam had said it's about

504
00:25:14,960 --> 00:25:18,000
our rights it's more about the rights

505
00:25:18,000 --> 00:25:19,880
than anything and and the actions and

506
00:25:19,880 --> 00:25:22,200
the confusion and and everything the due

507
00:25:22,200 --> 00:25:25,120
processes judges orders all of these

508
00:25:25,120 --> 00:25:28,080
things I've submitted to you guys to

509
00:25:28,080 --> 00:25:32,350
kind of of

510
00:25:32,360 --> 00:25:35,360
provide maybe a

511
00:25:35,360 --> 00:25:37,120
reference and

512
00:25:37,120 --> 00:25:40,440
Clarity to everything that's at hand and

513
00:25:40,440 --> 00:25:43,760
note that it is not the next

514
00:25:43,760 --> 00:25:46,120
administration's whatever happens it's

515
00:25:46,120 --> 00:25:48,720
the previous ones it is nothing I

516
00:25:48,720 --> 00:25:52,399
believe that that

517
00:25:52,399 --> 00:25:56,120
the Planning and Zoning I think Planning

518
00:25:56,120 --> 00:25:58,840
and Zoning tried to do what it was but

519
00:25:58,840 --> 00:26:01,720
when you follow the guidance and advice

520
00:26:01,720 --> 00:26:04,240
of an attorney and if that attorney is

521
00:26:04,240 --> 00:26:07,720
not giving you sound advice for the

522
00:26:07,720 --> 00:26:09,760
protection of a town it's sort of what's

523
00:26:09,760 --> 00:26:11,600
put us in this

524
00:26:11,600 --> 00:26:15,760
very odd strange situation that

525
00:26:15,760 --> 00:26:18,640
hopefully we can wiggle oursel out of

526
00:26:18,640 --> 00:26:23,360
and but I don't know it's uh there's not

527
00:26:23,360 --> 00:26:25,600
another case I can really find that's

528
00:26:25,600 --> 00:26:32,520
such from Talking different people and administrative roles throughout our

529
00:26:32,520 --> 00:26:34,679
County and state thank you very

530
00:26:34,679 --> 00:26:49,590
much thank

531
00:26:49,600 --> 00:26:53,480
you Laura Blackwelder 3256 Canon K Court

532
00:26:53,480 --> 00:26:56,990
chesp

533
00:26:57,000 --> 00:26:59,640
Beach I I would like to thank this board

534
00:26:59,640 --> 00:27:02,279
for your time over the course of more

535
00:27:02,279 --> 00:27:04,960
than a year you have patiently sat for

536
00:27:04,960 --> 00:27:07,120
multiple hearing sessions and considered

537
00:27:07,120 --> 00:27:09,640
many pages of documents and letters

538
00:27:09,640 --> 00:27:12,159
using precious hours of time that you

539
00:27:12,159 --> 00:27:14,960
volunteered to give for

540
00:27:14,960 --> 00:27:17,320
free I have attended all but one of

541
00:27:17,320 --> 00:27:19,039
these hearings wrote letters and made

542
00:27:19,039 --> 00:27:20,960
myself a party of record as a private

543
00:27:20,960 --> 00:27:23,399
citizen to remind everyone that when it

544
00:27:23,399 --> 00:27:25,480
comes to large-scale development that is

545
00:27:25,480 --> 00:27:27,399
both physically and financially

546
00:27:27,399 --> 00:27:29,919
impactful to the Town residents like

547
00:27:29,919 --> 00:27:32,840
myself are stakeholders in the

548
00:27:32,840 --> 00:27:35,279
situation you already have four letters

549
00:27:35,279 --> 00:27:37,720
totaling 13 pages of public comment and

550
00:27:37,720 --> 00:27:40,120
legal argument from me which I will try

551
00:27:40,120 --> 00:27:41,919
to Briefly

552
00:27:41,919 --> 00:27:44,799
summarize there are over 6,000 residents

553
00:27:44,799 --> 00:27:47,039
in this town who all have a right to

554
00:27:47,039 --> 00:27:49,799
benefit from zoning regulations policies

555
00:27:49,799 --> 00:27:52,880
and practices that protect the health

556
00:27:52,880 --> 00:27:55,919
safety and general well welfare of the

557
00:27:55,919 --> 00:27:59,200
town the idea that a municipality should

558
00:27:59,200 --> 00:28:01,200
be forced to ignore the projected

559
00:28:01,200 --> 00:28:04,240
impacts of recently approved development

560
00:28:04,240 --> 00:28:07,039
and also disregard growing environmental

561
00:28:07,039 --> 00:28:09,840
concerns to allow a property owner to

562
00:28:09,840 --> 00:28:12,519
develop according to zoning regulations

563
00:28:12,519 --> 00:28:15,679
that do not address these realities is

564
00:28:15,679 --> 00:28:18,760
absurd the idea that a municipality

565
00:28:18,760 --> 00:28:20,679
should neglect to require adequate

566
00:28:20,679 --> 00:28:22,880
parking open space or supporting

567
00:28:22,880 --> 00:28:25,519
infrastructure for large-scale housing

568
00:28:25,519 --> 00:28:27,960
projects to make development less costly

569
00:28:27,960 --> 00:28:31,399
for for a developer is also

570
00:28:31,399 --> 00:28:34,159
inappropriate the Planning Commission

571
00:28:34,159 --> 00:28:35,880
and town leaders have determined that

572
00:28:35,880 --> 00:28:37,640
the best way for the town to move

573
00:28:37,640 --> 00:28:39,919
forward with development will be to

574
00:28:39,919 --> 00:28:42,240
require that development proceed

575
00:28:42,240 --> 00:28:44,240
according to the updated comprehensive

576
00:28:44,240 --> 00:28:46,919
plan and the updated zoning

577
00:28:46,919 --> 00:28:49,760
ordinance I believe that the applant

578
00:28:49,760 --> 00:28:52,440
should have respected those decisions

579
00:28:52,440 --> 00:28:55,120
rather than engaging with this

580
00:28:55,120 --> 00:28:58,440
appeal in any case it is time for C PE

581
00:28:58,440 --> 00:29:00,720
Beach to leave these expired site plans

582
00:29:00,720 --> 00:29:01,679
in the

583
00:29:01,679 --> 00:29:04,000
past please remember that the at the

584
00:29:04,000 --> 00:29:06,080
board of appeals the applant has the

585
00:29:06,080 --> 00:29:07,240
burden of

586
00:29:07,240 --> 00:29:10,720
proof I do not see how this burden can

587
00:29:10,720 --> 00:29:14,600
be met to adequately support the relief

588
00:29:14,600 --> 00:29:18,399
sought in the absence of key Witnesses

589
00:29:18,399 --> 00:29:20,919
particularly the town planner and Zoning

590
00:29:20,919 --> 00:29:25,470
administrator who recommended the

591
00:29:25,480 --> 00:29:28,440
moratorium or in the absence of proper

592
00:29:28,440 --> 00:29:32,320
handling of evidence of full

593
00:29:32,320 --> 00:29:35,679
litigation in the absence of proof that

594
00:29:35,679 --> 00:29:38,480
all five site plans were complete and in

595
00:29:38,480 --> 00:29:41,000
the absence of proof that the applant

596
00:29:41,000 --> 00:29:51,070
was

597
00:29:51,080 --> 00:29:53,640
vested it would be a disservice to the

598
00:29:53,640 --> 00:29:56,159
residents of this town who deserve

599
00:29:56,159 --> 00:29:58,919
protection of responsible development

600
00:29:58,919 --> 00:30:01,919
policies and their tax dollars if the

601
00:30:01,919 --> 00:30:04,360
board of appeals were to decide in favor

602
00:30:04,360 --> 00:30:07,350
of the

603
00:30:07,360 --> 00:30:10,440
applicant please deny this appeal and

604
00:30:10,440 --> 00:30:13,679
also refrain from commenting in a way

605
00:30:13,679 --> 00:30:15,840
that will complicate future litigation

606
00:30:15,840 --> 00:30:19,200
that could cost the taxpayers money

607
00:30:19,200 --> 00:30:20,440
thank

608
00:30:20,440 --> 00:30:41,070
you thank you

609
00:30:41,080 --> 00:30:46,470
okay uh any further people who' like to

610
00:30:46,480 --> 00:30:51,799
speak um okay uh I said we would not go

611
00:30:51,799 --> 00:30:53,840
this is a specific meeting dedicated to

612
00:30:53,840 --> 00:30:55,600
public comment and if that is all the

613
00:30:55,600 --> 00:30:58,399
public comment we have we will wrap this

614
00:30:58,399 --> 00:31:02,480
meeting up um before we do so um I'm

615
00:31:02,480 --> 00:31:03,919
going to announce the next meeting we

616
00:31:03,919 --> 00:31:07,720
have planned for December 2nd at 6:30

617
00:31:07,720 --> 00:31:09,480
pm

618
00:31:09,480 --> 00:31:14,200
um and at this time uh the board would

619
00:31:14,200 --> 00:31:16,919
like to move into summary

620
00:31:16,919 --> 00:31:20,200
statements um in discussing this with Mr

621
00:31:20,200 --> 00:31:23,639
susman we'd like to ask for any any some

622
00:31:23,639 --> 00:31:25,639
written summary statements submitted to

623
00:31:25,639 --> 00:31:29,559
Sharon preferbly by 11:27 that's two

624
00:31:29,559 --> 00:31:33,399
weeks from today um if you would like to

625
00:31:33,399 --> 00:31:35,440
include fact of findings and conclusions

626
00:31:35,440 --> 00:31:38,279
of law for our uh legal folks here that

627
00:31:38,279 --> 00:31:39,200
would be

628
00:31:39,200 --> 00:31:42,000
appreciated um Sharon once you receive

629
00:31:42,000 --> 00:31:43,200
these if you'd send them out to the

630
00:31:43,200 --> 00:31:46,960
board upon receipt um and during the

631
00:31:46,960 --> 00:31:50,039
next meeting we will do 15 minutes of

632
00:31:50,039 --> 00:31:53,600
oral presentations um that's uh however

633
00:31:53,600 --> 00:31:56,360
you'd like to do your closing

634
00:31:56,360 --> 00:31:59,000
um so yes submit and writing and we'll

635
00:31:59,000 --> 00:32:01,480
do 15 minutes of oral per of oral

636
00:32:01,480 --> 00:32:05,919
presentations closings per party um yeah

637
00:32:05,919 --> 00:32:07,080
and that will be at the beginning of the

638
00:32:07,080 --> 00:32:10,399
next session um Mr Mr chair I I have a

639
00:32:10,399 --> 00:32:13,960
hearing on the second second all

640
00:32:13,960 --> 00:32:16,120
right that was the only day that was

641
00:32:16,120 --> 00:32:17,480
going to work with the board so we will

642
00:32:17,480 --> 00:32:19,919
have to reann nowc a different date

643
00:32:19,919 --> 00:32:22,200
disregard uh disregard the date for the

644
00:32:22,200 --> 00:32:25,840
second uh feel free to in that case also

645
00:32:25,840 --> 00:32:29,799
the submission for for written closing

646
00:32:29,799 --> 00:32:31,880
is released you may submit that as

647
00:32:31,880 --> 00:32:33,600
you're able and we'll

648
00:32:33,600 --> 00:32:36,720
reann uh another date when we Mr

649
00:32:36,720 --> 00:32:40,679
chairman I think uh to avoid significant

650
00:32:40,679 --> 00:32:43,639
advertising issues we got to try and see

651
00:32:43,639 --> 00:32:45,600
if we can get a date

652
00:32:45,600 --> 00:32:55,669
nowbody has a

653
00:32:55,679 --> 00:32:58,399
calendar yeah this would be guess we'll

654
00:32:58,399 --> 00:33:01,000
be going into the new year what's the

655
00:33:01,000 --> 00:33:02,840
posting requirement it's how long does

656
00:33:02,840 --> 00:33:05,000
it have to be advertised just a couple

657
00:33:05,000 --> 00:33:11,389
of weeks we're still outside of that

658
00:33:11,399 --> 00:33:14,200
window okay okay that's why we need to

659
00:33:14,200 --> 00:33:17,120
announce the time plays

660
00:33:17,120 --> 00:33:18,960
here all

661
00:33:18,960 --> 00:33:21,679
right take a couple moments and figure

662
00:33:21,679 --> 00:33:22,870
it out

663
00:33:22,870 --> 00:33:45,149
[Music]

664
00:33:45,159 --> 00:33:46,919
is

665
00:33:46,919 --> 00:33:49,840
there reason that the board wants the

666
00:33:49,840 --> 00:33:53,720
15minute oral presentations because if

667
00:33:53,720 --> 00:33:55,440
we didn't want to do that if you didn't

668
00:33:55,440 --> 00:33:59,679
do that and just had the uh um

669
00:33:59,679 --> 00:34:01,519
deadline

670
00:34:01,519 --> 00:34:04,240
you we would meet Mr pound's problem of

671
00:34:04,240 --> 00:34:06,320
not being able to come on the second and

672
00:34:06,320 --> 00:34:07,799
there wouldn't really be we would just

673
00:34:07,799 --> 00:34:10,240
do written submissions I don't I just

674
00:34:10,240 --> 00:34:13,000
don't know whether you wanted an oral

675
00:34:13,000 --> 00:34:15,440
presentation as well uh possibly to ask

676
00:34:15,440 --> 00:34:17,240
additional questions as you saw from the

677
00:34:17,240 --> 00:34:19,040
summations I'm not sure what you were

678
00:34:19,040 --> 00:34:20,760
anticipating so I'm just throwing out

679
00:34:20,760 --> 00:34:25,639
that if we don't need to have the oral

680
00:34:25,639 --> 00:34:27,440
presentations we could dispense with

681
00:34:27,440 --> 00:34:29,399
that and then that way you wouldn't need

682
00:34:29,399 --> 00:34:32,230
the

683
00:34:32,240 --> 00:34:36,589
date I'm just throwing it out

684
00:34:36,599 --> 00:34:40,240
there yeah I think the thinking behind

685
00:34:40,240 --> 00:34:42,440
oral was we don't know what we're going

686
00:34:42,440 --> 00:34:46,240
to see in written uh presentations uh we

687
00:34:46,240 --> 00:34:48,000
don't know if it's going to be

688
00:34:48,000 --> 00:34:50,280
self-explanatory going to be followup

689
00:34:50,280 --> 00:34:52,440
that the board is want to ask for

690
00:34:52,440 --> 00:34:57,680
counsels and uh thinking was if we get

691
00:34:57,680 --> 00:35:00,720
10 pages of written I like to have you

692
00:35:00,720 --> 00:35:03,520
summarize it in 15

693
00:35:03,520 --> 00:35:06,520
minutes think that some of the thinking

694
00:35:06,520 --> 00:35:09,720
behind the world and that makes sense I

695
00:35:09,720 --> 00:35:11,359
just was throwing it out there as a

696
00:35:11,359 --> 00:35:18,630
possible solution but it does make

697
00:35:18,640 --> 00:35:22,680
sense then one other quick question is

698
00:35:22,680 --> 00:35:25,320
in your process you you didn't provide

699
00:35:25,320 --> 00:35:28,680
us the opportunity for rebuttal

700
00:35:28,680 --> 00:35:30,839
we've had arguments

701
00:35:30,839 --> 00:35:33,160
typically petitioner would get a chance

702
00:35:33,160 --> 00:35:35,480
to rebuttal we don't we can wave that

703
00:35:35,480 --> 00:35:36,839
it's

704
00:35:36,839 --> 00:35:40,560
just I don't want to wave it if new

705
00:35:40,560 --> 00:35:42,760
facts can be presented during any of the

706
00:35:42,760 --> 00:35:45,320
summaries summations I would hope that

707
00:35:45,320 --> 00:35:51,280
the rule would be in summation there no facts outside the record can be

708
00:35:51,280 --> 00:35:54,800
brought in that would be my hope and

709
00:35:54,800 --> 00:35:57,280
expectation this is summation closing

710
00:35:57,280 --> 00:35:58,160
argument

711
00:35:58,160 --> 00:36:01,280
of what has been being presented uh here

712
00:36:01,280 --> 00:36:05,720
in 12 13 nights since last September

713
00:36:05,720 --> 00:36:09,599
okay not an opportunity for introducing

714
00:36:09,599 --> 00:36:13,470
new evidence new

715
00:36:13,480 --> 00:36:17,240
testimony right okay I just want to make

716
00:36:17,240 --> 00:36:20,079
sure I don't want to wave our what I

717
00:36:20,079 --> 00:36:22,560
view is our right to rebuttal if if

718
00:36:22,560 --> 00:36:24,319
other facts can come in and then we

719
00:36:24,319 --> 00:36:27,720
can't have an opportunity but if if as

720
00:36:27,720 --> 00:36:29,640
long as that's the rule then we don't

721
00:36:29,640 --> 00:36:38,069
need

722
00:36:38,079 --> 00:36:40,839
Ruttle still looking at January

723
00:36:40,839 --> 00:36:47,640
now I'm open I'm just waiting for you oh any any days good well I don't have

724
00:36:47,640 --> 00:36:55,550
the um Town calendar but I can make it

725
00:36:55,560 --> 00:36:59,280
work what

726
00:36:59,280 --> 00:37:02,480
well yeah it can't be um third Thursday

727
00:37:02,480 --> 00:37:05,160
because that's the down council

728
00:37:05,160 --> 00:37:07,800
meeting other than

729
00:37:07,800 --> 00:37:10,280
Thursday and probably not the 22nd

730
00:37:10,280 --> 00:37:11,319
because I think you have a Planning and

731
00:37:11,319 --> 00:37:18,750
Zoning

732
00:37:18,760 --> 00:37:23,630
Zing only Tuesday is not good for

733
00:37:23,640 --> 00:37:26,960
me Monday try Monday I don't think

734
00:37:26,960 --> 00:37:32,309
Thursday's are good for Steve are they

735
00:37:32,319 --> 00:37:41,710
Steve say

736
00:37:41,720 --> 00:37:44,599
the that's GNA

737
00:37:44,599 --> 00:37:49,390
be

738
00:37:49,400 --> 00:37:54,430
little see let's try one more

739
00:37:54,440 --> 00:37:59,990
before about the 15

740
00:38:00,000 --> 00:38:01,800
say January

741
00:38:01,800 --> 00:38:04,720
15 that's

742
00:38:04,720 --> 00:38:07,680
okay right Council that okay out in the

743
00:38:07,680 --> 00:38:09,720
panut

744
00:38:09,720 --> 00:38:12,440
gallery and you're setting that for 6 or

745
00:38:12,440 --> 00:38:19,200
6:30 6:30 okay so scratch that previous

746
00:38:19,200 --> 00:38:21,200
announcement the next meeting will be

747
00:38:21,200 --> 00:38:25,880
Wednesday January 15 at 6:30 uh same as

748
00:38:25,880 --> 00:38:28,599
before blah blah blah

749
00:38:28,599 --> 00:38:32,280
um written summaries 15minute oral

750
00:38:32,280 --> 00:38:34,160
presentations at which point uh I'd like

751
00:38:34,160 --> 00:38:37,119
the board members to consider what legal

752
00:38:37,119 --> 00:38:39,319
questions they have for Mr susman here

753
00:38:39,319 --> 00:38:42,160
and to submit them in writing to him um

754
00:38:42,160 --> 00:38:44,359
if you have them in advance of closing

755
00:38:44,359 --> 00:38:46,599
great um if they come to you after

756
00:38:46,599 --> 00:38:50,040
closing so be it um please try and get

757
00:38:50,040 --> 00:38:53,720
those to Mr susman as you able um so

758
00:38:53,720 --> 00:38:55,720
during the next session we'll do closing

759
00:38:55,720 --> 00:38:58,000
and then I expect that we'll go straight

760
00:38:58,000 --> 00:39:01,000
into close session to discuss legal

761
00:39:01,000 --> 00:39:04,040
issues with Mr susman um which would

762
00:39:04,040 --> 00:39:05,520
mean that that's all that will happen

763
00:39:05,520 --> 00:39:07,119
during the next meeting we open up

764
00:39:07,119 --> 00:39:09,560
closing shut it down and everybody can

765
00:39:09,560 --> 00:39:11,160
go and the board will will go and

766
00:39:11,160 --> 00:39:13,119
promise not to do any additional

767
00:39:13,119 --> 00:39:15,440
business during that time on the

768
00:39:15,440 --> 00:39:19,680
15th so can the deadline for the written

769
00:39:19,680 --> 00:39:22,359
be December 31st or something like that

770
00:39:22,359 --> 00:39:24,760
yeah just make it I'll say a week a week

771
00:39:24,760 --> 00:39:31,589
in advance oh okay the eth y that'll be

772
00:39:31,599 --> 00:39:36,750
fine that to Sharon if you

773
00:39:36,760 --> 00:39:39,720
would and is Sharon GNA distribute those

774
00:39:39,720 --> 00:39:42,200
to all the parties so that we don't

775
00:39:42,200 --> 00:39:43,680
we're just sending it to Sharon and she

776
00:39:43,680 --> 00:39:46,550
takes care of

777
00:39:46,560 --> 00:39:50,240
Y uh okay any additional business before

778
00:39:50,240 --> 00:39:52,000
the board

779
00:39:52,000 --> 00:39:55,119
tonight hearing none uh at this time

780
00:39:55,119 --> 00:39:57,079
I'll enter oh minutes we're going to

781
00:39:57,079 --> 00:39:57,880
discuss

782
00:39:57,880 --> 00:39:59,200
yes we were going to discuss the minutes

783
00:39:59,200 --> 00:40:01,359
I believe Amy had brought up an issue

784
00:40:01,359 --> 00:40:02,839
while she was reading it so we can just

785
00:40:02,839 --> 00:40:04,359
do that next

786
00:40:04,359 --> 00:40:06,319
time haven't approved the minutes from

787
00:40:06,319 --> 00:40:07,800
our last meeting and we will come in and

788
00:40:07,800 --> 00:40:12,910
do

789
00:40:12,920 --> 00:40:16,680
that uh at this time I'd entertain a

790
00:40:16,680 --> 00:40:18,280
motion to

791
00:40:18,280 --> 00:40:21,040
adjourn make a motion to adjourn do I

792
00:40:21,040 --> 00:40:24,480
have a second favor this meeting is

793
00:40:24,480 --> 00:40:26,400
adjourned thank you everybody uh see you

794
00:40:26,400 --> 00:40:34,550
on the 15th

795
00:40:34,560 --> 00:40:37,040
meeting we've ever

796
00:40:37,040 --> 00:40:40,960
done a great trip thank

797
00:40:40,960 --> 00:40:43,520
you

798
00:40:43,520 --> 00:40:48,200
I'm I have lots of pictures