Agenda - 02-19-2013 - 5a - Laserfiche WebLink

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22 1 Commissioner Gordon: In terms of the evidence submitted. Some of it was written 2 evidence. As I recall, there was a lot of evidence that needed follow up. I didn't know the 3 status of that. 4 5 Michael Harvey: My answer to that is that you have sworn testimony that has been placed into 6 the record, you have written responses to various questions entered into the record, you have 7 staff memorandum detailing the approvability of the project entered into the record, all of which 8 represents the competent testimony and material evidence that can be utilized to render a 9 decision. The Planning Board has obviously determined there is sufficient evidence in the 10 record, including responses to concerns, justifying a recommendation to approve the project. 11 Items that are here this evening will also be entered into the record. 12 13 John Roberts: The record before you is the only record or evidence that you can consider in 14 making a decision. You're not getting more evidence tonight, because that is not the purpose 15 of what this was, but the Planning Board received considerable additional information that you 16 did not hear at the Quarterly Public Hearing, so what they received is now for your 17 consideration. 18 19 Commissioner Gordon: The last thing is a requirement about whoever reads the motion. 20 There is a burden to cite evidence. What I recall from other times is, the burden of proof 21 varies. There are all these rules about it, but what seems to be operative here is whichever 22 motion you make, you need to cite the evidence. 23 24 Michael Harvey: We provided you a script. 25 26 Commissioner Gordon: I know there is a script, but it says to cite the evidence. 27 28 Michael Harvey: Yes ma'am. The script actually provides you the mechanism where you can 29 do that if you're affirming the Planning Board recommendation. If you choose not to affirm the 30 Planning Board recommendation, it is up to the councilmember making that motion to enter the 31 evidence into the record justifying that motion. Let me also clarify that when you get to the 32 provisions of Section 5.3.2, a, b, and c, which are the general findings at the end, you will have 33 to indicate that information verbatim as identified in the script. A Commissioner making that 34 motion will have to read that into the record verbatim. 35 36 John Roberts: If a Commissioner believes that the record does not have enough competent 37 material or substantial evidence to meet the applicant's burden of proof, that can be substituted 38 into some of these motions. You do not have to go back and look at specific line items in the 39 record and say that, `this is what I don't agree with." You can set aside the entire record and 40 say, "I do not believe that this record has enough competent material and substantial evidence 41 to meet the applicant's burden of proof." 42 43 44 SCRIPT FOR ACTING ON DUNHILL - DAVID WEEKLY HOMES LLC 45 46 A motion was made by Commissioner Hemminger seconded by Commissioner Yuhasz to 47 close the public hearing. 48 VOTE: UNANIMOUS 49