05/07/2003 PLANNING BOARD Minutes

Home Browse Search

ICE case been heard and ruled upon by the Superi-or Court, The Sea Coast matter has not yet been heard. Mr. Cody requested the Public Hearing for ICE be heard n the next available Planning Board meeting date. H clarified this case is a separate matter and not a co- application with Sea -Coast and therefore should be heard on its own merits . Having first been recognized by the Chairman, Attorney Kirraine made reference to those Complaints filed against Sea Coast and ICE, stating the issues raised in. both are identical . Richard and Terry i.nquired as to the Watts- dismissal. Attorney Kirraine responded the Superior Court Judge ruled that Mr, -Watts has no standing to appeal the Decision made by the Cape Cod Con fission with reference to ICE. Attorey Kirrine stated Applicant has never been served with a Complaint . The Court could dispose of the case on i,ts own merit by virtue that no service has been made . The Chairman observed Applicant -in this matter has allowed the previous Applicant (,ICE) to argue their case in Court and is now requesting a postponement of the issues due to an inability to attend the next Planning Board Meeting, thereby delaying/denying ICE process. At this point the Town Planner stated the ICE case has been dismissed, with two days remaining to the appeal period. The Sea Coast case currently remains in the Court and has not yet been -dismissed/withdrawn. Attorney Kirraine stated the case will be. voluntarily dismissed and that he would provide the Board with a letter. The Torn Planner explained the appeal period has expired and that there is nothing impeding the Board from taking action on the ICE matter at the May 2I5t Meeting. The Chairman recognized Mr. Cody who spoke to the matter of the appeal, suggesting a further continuance 6