HomeMy WebLinkAbout2022 03 08 Sidles to Jefferson Cty Hearing Examiner
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Reply to: Seattle Office
March 8, 2022
Jefferson County Hearing Examiner
1820 Jefferson Street
Port Townsend, WA 98368
Re: Forthcoming SEPA DNS Appeal in Pomona Woods, MLA2021-00066
Dear Examiner:
I am writing to ask the Examiner to reschedule the March 17, 2022 public hearing for conditional
use permit application no. MLA2021-00066, the Pomona Woods project.
On March 2, 2022, Jefferson County issued a Determination of Nonsignificance (DNS) under the
State Environmental Policy Act (SEPA) for the Pomona Woods project. The DNS contained a
notice on its second page to the effect that administrative appeals of the DNS must be received no
later than March 16, 2022.
Also on March 2, 2022, Jefferson County e-mailed certain members of the public to inform them
that a public hearing on the Pomona Woods conditional use permit application had been scheduled
for March 17, 2022.
SEPA requires that, if the DNS is appealed, the appeal hearing for the DNS appeal shall be
consolidated with the public hearing on the conditional use permit application. WAC 197-11-
680(3)(a)(v).
On behalf of our clients, Oak Bay Concerned Citizens, we intend to file an administrative appeal
of the DNS on or before the deadline of March 16, 2022. In the course of the DNS appeal, we
expect to introduce expert witness testimony and exhibits, as well as written briefing. Obviously,
an appeal filed March 16 cannot be heard the following day. See, e.g., JCC 18.40.230 (requiring
at least 10 days’ notice for any hearing); HER 4.3 (written briefs must be submitted no later than
five days before hearing); HER 3.2(c) (request for prehearing conference must be received no later
than 20 days prior to hearing); 3.3(a) (pre-hearing motions must be filed no later than 20 days prior
to hearing). Even if the rules allowed an appeal hearing on one day’s notice, it would be unfair to
the respondent parties to conduct an appeal on such short notice.
Jefferson County Hearing Examiner
March 8, 2022
Page 2
Therefore, I ask the examiner to reschedule the public hearing to accommodate the DNS appeal
hearing. My suggestion would be for the parties to convene a prehearing conference, once the
appeal is filed, at which the parties can agree on a date for the consolidated hearing.
Thank you for your consideration of this request.
Very truly yours,
BRICKLIN & NEWMAN, LLP
Alexander Sidles
Attorney for Oak Bay Concerned Citizens
AS:psc