03/20/2003 Minutes - Laserfiche WebLink

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commissioner froin issuing a permit. The issuance of a building permit is a significant legal matter. He does not know if the fence has been installed. He said that is probably the next time the board would hear about this matter. On the issue of reconsideration, that is not such a simple matter. To the extent that the board does not have specific rules, it could consider that it has inherent authority to reconsider its decisions but not without analysis of the rights of the parties involved. It is difficult to reconsider on a variance that has been granted when the applicant has already obtained a building permit based upon the variance that was issued. If Mrs. Comodeca thought that her letter to the board would result in some action tonight, he would have expected her to appear to explain if it is a notice of appeal, a request for reconsideration. If it is a request for reconsideration, does she want to be heard on it? The board could respond to it, but he does not know if the board is compelled to respond. One response could be that, to the extent that it constitutes a written request for reconsideration, the board could entertain it as such. If the board is contemplating reconsideration then he would recommend that they convene a further hearing to invite the applicant in to be heard on the issue of reconsideration. They would reopen the matter and then they would get into the merits a second time. Mr. Puzzitiello said he thought the parties were going to work it out themselves. Mr. Conway said the board made the decision to grant the variance and he does not see how they can change it since there is no one present regarding the matter. They do not know if it has been taken any further to the court of common pleas. Mr. O'Malley said if it was, the board would lose jurisdiction over it and they could not entertain a request for reconsideration. He said Mrs. Comodeca's recourse would be in the common pleas court to have the board's ruling reversed. He said a person can pursue an appeal like that and seek a reversal and in the meantime, building permits are issued and fences are built while your appeal is still being considered. He pointed out that he spoke with Mrs. Comodeca and he explained to her that she might do well to seek counsel if she is serious about pursuing this matter. He added that she understood very well that making an appeal or requesting reconsideration is very different than an action to enjoin the building commissioner from issuing a permit or to enjoin her neighbor from building the fence. Mr. O'Malley said if the board is inclined to say that the correspondence is a request to reconsider the prior deterinination, they could say yea or nay, motion for reconsideration granted or motion for reconsideration denied and put an end to it once and for all. He said he believes Mrs. Comodeca will continue with this matter and she will want to know what happened with the letter and.why no one responded to it, etc. Mr. Althen said the board already discussed this with her. He said that if she was that concerned she would have gone to the higher courts with it. Mr. O'Malley pointed out that when saying the matter was discussed with her, it was the night the proposal came before the board and she was heard. The matter was heard and it has been decided, so it is over. Mr. Puzzitiello mentioned she asked how to apply for an appeal. He suggested to her that she get an attorney, and at that time she did not want to do that. Mr. O'Malley said to make the record clear on this and conclude it. He said he is assuming the board has not lost jurisdiction by virtue of a notice of appeal to the court of common pleas. He thinks it is a safe assumption but if it is incorrect, whatever decision the board inakes on this request for reconsideration would not be binding. M. Conway inade a motion to grant reconsideration. The inotion was seconded by N. Althen and unanimously denied. V. COMIVIITTEE REPORTS: VI. NEW BUSINESS: VII. OLD BUSINESS: VIII. ADJOURNMENT: Chairman Puzzitiello adjourned the meeting at 6:25 p,.m. 0 itiello, Chairman Kilbane, A'ssistant Clerk of Commissions