For those of you who were kind enough to show up to last night’s (10/18) Board of Adjustment (BOA) meeting, thank you! Perhaps all of you who were in attendance might better appreciate why I chose the words I did for the heading of this update.

For those of you who were unable to attend, I will attempt, as best I can, to summarize what I witnessed. Beware… it’s a bit complicated. Please try to hang in there until the end of this update and then, hopefully, you will be up to date and perhaps better informed.

BOA Hearing Summary: After the taking of an oath to provide truthful testimony by those who were present and believed they were entitled to provide such testimony, as determined by the BOA, the BOA panel prepared to begin the hearing. Before doing so; however, the chairman asked if anyone on the BOA panel was aware of any conflict of interest they may have which could influence their ability to hear testimony from both the applicant and the opposition to this “special use” permit request and, in turn, vote on the matter without prejudice. In response to the conflict of interest question asked of the (5) member BOA panel, the following occurred:

• One member acknowledged that they participated as a Planning Board member during the prior rezoning endeavor by the owner of the property but that they could remain impartial in hearing and voting on the matter and did not believe they had a conflict of interest. This prior Planning Board vote acknowledgement was certainly known by me (and a number of you as well) and I believe it was admirable that this member acknowledged this fact in front of all in attendance and for the record. 
• Another member of the BOA panel acknowledged that they as well as the applicant were members of an association. It would seem(?) that, that was a reference to a homebuilder’s association where this BOA member seemingly(?) serves in an executive capacity. This member also stated that they believed that they did not have a conflict of interest and also believed that they could impartially hear and vote on the matter. 
• Yet another member announced that they had some form of relationship with the attorney representing the applicant. I have no idea what that relationship was or remains. This individual also stated that they believed they did not have a conflict of interest and that they could impartially hear and vote on the case.

Are you keeping count? That’s (3) of the (5) seated members at last night’s BOA hearing.

With all of that which I have detailed above out of the way, the applicant’s team presentation began, for a short while anyway. Unexpectedly, the BOA hearing was stopped in order to revisit the potential conflict of interest concerns announced earlier concerning the BOA member who was a member of an association along with the applicant. When the meeting reconvened, this member was asked to recuse themselves from participating in this BOA hearing. That dismissal meant there were (4) members remaining on the BOA panel (think of the potential of split vote?). The applicant’s team was then asked if they would like to proceed with the meeting or reschedule it to another date? The applicant elected to reschedule the meeting to a later date. The current reschedule date is Wednesday November 8th.

I will continue to work to keep you posted along the way and, likewise, I hope you will work to remain engaged or to reengage in this BOA “special use” matter.

That's all from me for now. Be well...

Matt