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Board of Appeals

Minutes - July 11, 2019



BOA members present:  Griff Fenton, Jay Fowler, Larissa Thomas, Jon VanAmringe and Michael Jordan Alternate member present:  Brett Jones  

CEO present:  Rebecca Albright 

BOA counsel: James Collier 

Other attendees:  John Holt, Alan Moldawer, Brenda Moldawer, Marion Arnold, Richard Arnold, Jonathon Pottle,  Warren Severin, Mark Harris, John Clewey, Robert Harris, Mary Beth Harris,  Warren Mead, Lieve and Willem Brutsaert, Tom True, Kathy True, William Harris, Joanne Harris, John Harris, Kathleen Rybarz, William Flynt, Caroline Butler and Laura Lyell  

1: Meeting was called to order by Mr. Fenton at 6:32 PM 

2: Consideration of Minutes:  Motion to approve minutes for 6/13/2019 made by Jay, second by Larissa    Vote   5-0  

3: Macquinn Pit Expansion Appeal:     

A:   Ruling from Business & Consumer Court- any required action - The appeal process has not gone by yet so there is nothing for the BOA to do yet. 

4: Appeal: Moldawer vs. Code Enforcement Officer re: decision regarding height of house on Map 16  Lot 48-1 (Tom and Kathy True) – (resume from June 13, 2019)     

A:  Timeliness of Receipt of Appeal: Griff introduced attorney James Collier to everyone at the meeting. Mr. Collier will be the attorney that will be guiding the BOA though this appeal. Mr. Collier gave the BOA his opinion on if Mr. Moldawer’s appeal is timely or not. A motion was made by Larissa that Mr. Moldawer’s appeal was timely and a second was made by Jay.    Vote: 5-0     

B:   Poll Board for Conflicts of Interest: None     Motion by Griff, Jay second    Vote 5-0     

C:   Determination of Quorum – makeup of hearing board: Griff, Jon, Jay, Larissa and Mike will hear the appeal with Brett as an alternate if one of the other members is absent.  Motion by Mike, second by Jay     Vote 5-0     

D:  Type of Hearing: Motion by Mike that the type of hearing will be an appellate review, second by Larissa     Vote 5-0     

E:   Rules of procedure: Appellant will go first, CEO will of second and the Trues will go third.   Motion by Griff, second by Jay    Vote 5-0     

F:   Time and location of hearing: Sept 25 @ Town Hall @ 6:30 PM            Motion was made by Jon that Mr. Moldawer is the only proper applicant because he was the only one that made a timely appeal. Second by Jay     Vote 5-0   

5: Other matters to come before the Board of Appeals:  None 

6: Next meeting date: continuation of meeting @ 9/25/2019   6:30 PM 

7: Adjourn – 9:19 PM