HomeMy WebLinkAbout2024.07.17 BOA Minutes Carol Cutting - HearingBoard of Appeals
Minutes
For Meeting Held on July 17, 2024 at 5:15 p.m.
Members Present:Jordan LaBouff, Edward Gould (Chair), Donald McCann (Associate Member), and Justin Cartier (Associate Member).
Staff Present:David Szewczyk, City Solicitor; Jeffrey Wallace, Director of Code Enforcement
Others Present: John K. Hamer, Attorney, Rudman Winchell, providing legal guidance to the Board
Introductions:
Chair Gould opened the hearing and introduced members.
Chair Gould advised Associate MembersMcCann and Cartier that they will both participatein the hearing and vote in place of the absent members.
Approval of Minutes:
May 21, 2024
Member LaBouff made a motion to approve the meeting minutes.
Member McCann seconded the motion.
Motion passed unanimously (4-0).
Public Hearing - Applicant Carol Cutting, Alleging Parking and Driveway Violations at 64 Fifth Street and 68 Fifth Street
Chair Gould raised a procedural issue regarding the number of board members present, and he advised the applicant that all four members would have to vote in favor of her application.
He asked if she had an objection with only four members voting or if she wanted to reschedule the hearing. Carol Cutting had no objection and indicated she wanted to move forward with
the hearing.
Carol Cutting spoke as the applicant and presented herappeal.
A Board of Appeals Member asked questions to the appellant.
Joseph (Jack) Cutting, the applicant’s son, of Bangor and Patty Dunbar of Hermon spoke in support of the application.
Solicitor David Szewczyk presented the City of Bangor’s position, questioning whether there was a Code Enforcement order to appeal and stating that, to the extent there was, the Code
Enforcement Director’s finding of no violations should be upheld.
Director of Code Enforcement Jeffrey Wallacetestified on behalf of the City, stating he inspected after applicant’s complaints and found no violations. He also presented photos he’d
taken.
Board of Appeals Members and City Solicitor Szewczyk asked questions.
Carol Cutting was provided opportunity to present a rebuttal.
Public Hearing was Closed.
Board of Appeals deliberated on the matter.
Board of Appeals voted on the matter.
Member LaBouffmade a motion to deny the pending application
Member McCannseconded the motion.
Motion passed unanimously (4-0).
Other business:
Chair Gould advised the Board that they will need to elect an active Chair for the next Board of Appeals appeal as he has a conflict and will need to recuse himself. Election of a Chair
was deferred to the next meeting.
Meeting adjourned:
Member Cartier made a motion to Adjourn.
Member LaBouff seconded the motion.
Motion passed unanimously (4-0) to adjourn.