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Board of Appeals

Minutes - October 29, 2019

 

 

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

 

Alternate member present:  Brett Jones

 

CEO: Rebecca Albright

 

Attorney for the BOA: James Collier

 

 

Other attendees: Richard Arnold, Robert Harris, Mary Beth Harris, Brenda Moldawer, Jonathon Pottle, Marion Arnold, Alan Moldawer, David Goodrich, Mark Harris, John Clewley, Connie and Will Flynt, Tom and Kathy True, Bill and Joanne Harris, Kenneth Farkas, Jim and Kim Scott, Gordon and Barbara True and Mary Ellen Kimball

 

1: Meeting was called to order by Mr. Fenton at 7:15PM

 

2: Consideration of Minutes:  Motion to approve minutes for 8/27/2019 made by Jay, second by Larissa   Vote   5-0

  

3: Hearing - Moldawer v, CEO

a.       Ground rules for hearing - As previously voted by the BOA, this appeal will be conducted as an appellate review

b.       Receive oral testimony – Mr. Moldawer, Ms. Alright, Mr. Pottle, Mr. True and Mr. Holt all gave oral testimony on the provided written materials that were provided prior to the meeting. All parties were given the chance to ask questions, thru the chair, of each other

c.       Close Hearing

d.       Deliberations on appeal – The Board asked Mr. Collier a few questions.

e.       Possible decision on appeal – Larissa made the motion “I move to uphold the appeal in so far as the CEO did not correctly interpret the building height definition in the BLUO because she did not calculate the distant between the highest point on the structure to the original grade versus the highest point on the structure to the finished grade to determine if there was a difference.”  Jay second the motion     Vote 4-1 (Griff)

 

Jon made the motion “I move to remand this matter to the CEO for reconsideration.”  Jay second    Vote 4-0-1 (Griff abstained)

 

4: Other matters to come before the board -  None

 

5: Next meeting date(s) – none set

 

6: Adjourn – 10:34 Larissa made the motion “To adjourn”  Jay second   Vote 5-0