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After procedural fight, Hainesborough Assembly agrees to rehear Campbell conditional-use permit
Summary
Following a motion to rescind a prior decision and extended debate about procedure and pending litigation, the assembly voted to rehear the Campbell appeal (CUP 23-22); a tie vote on rehearing was broken by the mayor, who voted yes to send the matter back for full review.
The Hainesborough Assembly voted to rehear the Campbell appeal (CUP 23-22) on March 11 after rescinding an action from the previous night and then agreeing to a full rehearing.
Assembly member Smith moved to rescind last night's action denying the Campbell appeal so the full assembly could reconsider the matter now that a full quorum was present; the motion to rescind passed 4-2. Smith then moved to grant the Campbells' request for a full rehearing of the conditional-use permit.
Members debated whether the assembly's review should be limited to a narrow issue (one video or a single condition) or should be a full de novo rehearing of the planning commission's decision. Manager Sheila Fullerton and others outlined the history: the planning commission had authority to conduct different types of review, an earlier court remand led to findings in order, and some litigation related to the project remains active. Several members warned that expanding the scope of review could invite additional legal risk.
The roll call on the rehearing motion produced a 3-3 tie. The mayor cast the deciding vote in favor of rehearing, saying the assembly should examine allegations made about the planning commission's handling of the matter and that a review would provide a chance to "remove doubt from aspersions that have been made about the Planning Commission's decision." The motion therefore passed and the matter will be scheduled for rehearing before the assembly.
What this means: the assembly will consider the Campbell CUP matter anew; staff indicated the borough attorney and other records will be part of that process. The assembly discussed potential options (reconsideration, rescind, or rescind-and-rehear) and members repeatedly urged careful legal consultation given pending court activity.
