Town of Seven Devils

Board of Adjustment

Continuation Meeting

August 31, 2007 – 5:30 p.m.

 

The Town of Seven Devils Board of Adjustment reconvened on August 31, 2007 at Town Hall.  The meeting was called to order at 5:30 pm by Chairman Richard DeMott.  Other members present were David Hooper, Kathy Copley, Kay Lambert, and Loren Williams.   Members Bill Wilkinson and George Ehlinger were absent and excused.  Also in attendance was Town Manager Brad Lambert.  Finance Officer Laura V. Wilson recorded the minutes.

 

Member Copley made a motion to come out of recess.  Member Williams seconded the motion.  The members agreed unanimously.

 

Chairman DeMott told the Board he had some questions which he had asked the Town Attorney.  Chairman DeMott said, "I asked him specifically what we have to include in the minutes?"  The Town Attorney told me to include all things we acted on and the findings.  I asked the Town Attorney, "Should we have comments made by attorneys?"  The Town Attorney told me that would be a good idea.  I asked, "If we have relevant matter that reflects on questions brought up should that be in the minutes?"  The Town Attorney said that would be a good idea also.  Chairman DeMott told the Board he feels the minutes before them include all the material the Town Attorney suggested.      

 

The Board reviewed the minutes of:

 

 

The Board asked to add:  Also present was Lisa K. Farley Appalachian Court Reporting who will provide a transcript for Hawksnest.    

 

The Board asked to change page (3) paragraph (5) sentence (3) to read:  The Board discussed in depth percent of change, new equipment, the fact that this expansion will be on undisturbed land and that the property is owned as separate properties filing separate income tax forms.

 

The Board asked to add a final sentence to page (7) paragraph (2):  He said traffic would increase and the location of the entry road is one of the worst areas during bad weather.

 

Scrivener corrections were also made to the July 23, 2007 minutes. 

 

The Board reviewed the minutes of:

 

 

The Board asked to add  to page (1):  Also present was Lisa K. Farley Appalachian Court Reporting who will provide a transcript for Hawksnest.

 

The Board requested to delete on page (5) under conditions #4 – bullet (2):  Public Works Director 

 

The Board requested on page (6) under conditions #6 – bullet #8 to read as follows:  Storm water management facilities must pass an annual inspection performed by an agency the property owner and Town have agreed to and the annual inspection is to be turned into the Town. 

 

The Board requested on page (6) Citizen Comments be deleted as this was duplicated from the July 23, 2007 minutes in error.

 

Scrivener corrections were made to the August 6, 2007 minutes.

 

Board Member Hooper made a motion to accept the July 23rd and the August 6th minutes as amended.  Member Williams seconded the motion.  The members agreed unanimously.

 

The Board reviewed the minutes of:

 

 

The Board requested the first part of the last paragraph of page (1) be changed to read as follows:  The Zoning Administrator stated "On Monday, July 9th I was alerted to a tree cutting that had occurred on Saturday, July 7th at 145 High Cliff Circle."  The Zoning Administrator explained he investigated and found a violation to Section 8.9.3.2 of the Seven Devils Zoning Ordinance which states that no person, firm, organization, society, association, corporation, or any agent or representative there of shall directly or indirectly destroy or remove any live trees in excess of six (6) inches Diameter at Breast-Height without permission under the provisions of this Ordinance.

 

The Board requested Mr. Sasha Bubanjas statement about "his expertise" and "experience" be added to page (2) paragraph (3).

 

Scrivener corrections were made to the August 27th minutes.

 

Member Williams made a motion to approve the August 27th minutes as amended.  Member Hooper seconded the motion.  The members agreed unanimously.

 

The Board discussed the fact that the portion of the Zoning Ordinance regarding tree protection was crafted in part with a group of twelve people, their attorney and Seven Devils Attorney and when considering changes in the Ordinance they need to keep this in mind.

 

There being no other matters to bring before the board at 6:12 pm Member Williams made a motion to adjourn.  Member Hooper seconded the motion.  The members agreed unanimously.

 

 

 

 

_____________________________                          _____________________________

Richard DeMott, Chairman                                        Karen E. Daniels, Town Clerk