ZBA 8/21/08 Hearing
ZBA 8/21/08 Hearing
The Zoning Board of Appeals (ZBA) met for about an hour on August 21, 2008. This continued hearing was in regard to the application of the Church of the Resurrection for “Special Use Religious” in an unincorporated area between Roosevelt Road and Purnell Road where zoning is estate residential. At the previous ZBA hearing on July 9, 2008, the attorney for the Church, Scott Pointner, stated on the record (pg. 70 of the transcript) that he would submit a packet of documents to the ZBA and to the West-Win attorney, Doug Drenk, by July 11, 2008. These documents were requested by the ZBA and were needed by West-Win to prepare for the continued hearing on August 21. July 11 came and went and, despite repeated verbal and written requests by the West-Win attorney, Doug Drenk, the information promised was not received. By the first week of August, it was clear that Mr. Pointner did not intend to submit the documents so that West-Win and its attorney would have sufficient time to review the new information, do necessary research and prepare its presentation by August 21. Therefore, our West-Win attorney, Mr. Drenk, filed a written request to postpone the continued hearing. Mr. Pointner, the church's attorney, then sent a letter to the ZBA objecting to the requested extension; however, after conversations with Mr. Drenk, he agreed to withdraw his objection.
At the beginning of the August 21 hearing, Mr. Drenk and Mr. Pointner were asked to approach the chair and an agreement was reached that the hearing would be continued on September 25, 2008. At the request of Mr. Drenk, the ZBA then set a cut-off date for the submission of all documents by September 15, 2008. Following this decision, the ZBA allowed public comment by individuals who had not spoken previously and who did not wish to wait to speak at the Sept. 25 hearing after all testimony is presented by the Church and by West-Win. (Mr. Loftus, who was serving as substitute chair of the ZBA, reiterated that individuals are given only one opportunity to speak no matter how many times the hearing is continued to another date.) Five individuals chose to speak at this time. The first four spoke in favor of the church development and included Richard Wagner, owner of the 21-acre site. All four presentations were emotional in nature and did not address the issues of concern to the ZBA and to West-Win. A fifth speaker, a neighbor with property along Purnell Road, attempted to refuted statements made by Mr. Wagner and brought up a number of operational concerns that this large development would bring to our area.
Following public comment, the hearing was concluded and the continuance date of September 25, 2008 at 7 PM was confirmed. It appears that this will be the last meeting of the ZBA prior to their vote on the issue. West-Win will be presenting facts that will allow the ZBA to reject the construction of this large, multi-building development in our area. We strongly encourage all of you to attend.