Anacortes American, 11/6/02
The Anacortes board of adjustment has scheduled a public hearing at 6 p.m. Thursday, Nov. 14, in City Hall Council Chambers to review and adopt findings on two appeals regarding the T Bailey company on South March Point Road. The two appeals are related to a clearing and grading permit issued by the city, which was challenged by environmental groups.
The board of appeals ruled previously that the appeals should be denied because they were not filed before the deadline. That decision, a 2-1 vote, however has been deemed invalid, under the city’s own regulatory provisions. The Nov. 14 meeting is to allow Ken Wilson, the board of adjustment member missing at the meeting, an opportunity to vote on the matter.
However, attorneys involved in the matter, disagree whether Wilson can, in fact, vote after the initial hearing – even if he has reviewed the hearing tapes. The city maintains he can, according to their Seattle attorney, Steve DiJulio. Attorneys Craig Magnusson and David Mann, representing T Bailey and Skagit Land Trust, respectively, disagree with DiJulio, city attorney Ian Munce said, but the city plans to move forward on the matter.
“Mr. Kenneth Wilson has reviewed the record and four members (of the board) will be at the meeting. If Wilson votes with the other two, the appeals will be denied.” Munce said.
Munce also said that whomever is “on the losing side” can appeal.
In a related matter, the city still has not issued a building permit for T Bailey, which plans to build a new facility on the March Point land owned by the Port of Anacortes. A nearby heronry has triggered the environmental appeals.
T Bailey, the Land Trust and the Port continue to negotiate how to monitor the adjacent heronry and impacts to it from the new manufacturing facility.