Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Administration Appeals topic
No spam. Unsubscribe anytime.
Planning board grants authority to retain counsel for potential appeal
Summary
The board authorized staff to obtain counsel for the planning board should a pending appeal proceed, after staff reported town attorney Ben McCall reviewed the notice of decision; an appeal was reported filed but no appeals-board hearing had been scheduled.
The planning board voted to give staff authority to obtain counsel for the planning board in the event an appeal proceeds.
Staff said it had consulted Ben McCall, the town attorney, to vet the notice of decision and to determine representation needs. Although an appeal filing was reported by counsel (Ordway) prior to the issuance of a final notice of decision, the board heard that the appeals board could not schedule a hearing until the administrative notice was complete. Staff recommended that the planning board authorize retention of counsel should the appeal go forward to ensure representation at any subsequent hearing. Committee member moved to give the planning board authority to obtain counsel for an appeal; the motion was seconded and approved by voice vote.
Board members framed the authorization as prudential—ensuring the board can defend its findings without delay rather than an immediate expenditure. "We worked really hard on this decision … and then we want to defend that," Chair said. The board agreed staff would coordinate any retention and bring the matter back if a vote to pay for representation becomes necessary at a later step.
