Westminster Board of Zoning Appeals

CITY OF WESTMINSTER BOARD OF ZONING APPEALS MEETING SUMMARY Tuesday, November 1, 2016, at 6 PM City Hall, 1838 Emerald Hill Lane A meeting of the City of Westminster Board of Zoning Appeals was held at City Halt located at 1838 Emerald Hill Lane in Westminster, Maryland 21157, on November 1, 2016, at 6 PM. Vice Chair Larry Berent, Board Member Ken Bonner and Board Member Dan Hoff were present. Board Attorney Eric Blitz and City staff Bill Mackey were present. Mr. AI Betz of AI Betz & Associates, Inc. was present. The following were present and signed-in: Ms. Tina Mawhinney, Mr. Rick Mawhinney, Mr. Richard Valway, Mr. John Ramey, Mr. Brooks Leahy, Mr. Larry Appel, and Mr. Avi Matyas. At 6:00 PM, Acting Chair Berent called the meeting to order. Board Member Bonner moved to approve the meeting summary of October 4, 2016. Vice Chair Berent seconded. Board Member Hoff abstained, having not been present on October 4, 2016. The motion passed. At 6:09 PM, Chair Berent opened the public hearing. Chair stated the purpose of the hearing and summarized Case No. 16-06. Chair swore in parties who would be testifying. Mr. Mackey summarized the staff memo, dated September 30, 2016. Mr. Brooks Leahy, representing the applicant, made opening statements and called witnesses to testify and provide evidence to the Board. Exhibits were entered into the record. Ms. Tina Mawhinney and Mr. Rick Mawhinney provided verbal testimony, posed questions, and expressed the desire to enter Exhibit No. 13. Pursuant to § 3-305 (b )(7} of the General Provisions Article oft he Annotated Code of Maryland, Board Member Hoff moved for a closed session to consult with and obtain legal advice on a legal matter from the Board of Zoning Appeal's Attorney Eric J. Blitz. Motion was seconded by Board Member Ken Bonner. Motion passed unanimously. Closed session began at 7:29 PM and ended at 8:04 PM . The Board Members present during the closed session were Acting Chair Berent, Board Member Hoff and Board Member Kenner. Adopted March 7, 2017 Upon returning from the closed session, Board Attorney Blitz reported on behalf of the Board and for the record the legal basis upon which the meeting was closed. Ms. Mawhinney withdrew Exhibit 13. The Board retained a copy of the exhibit for the record. Mr. Richard Valway made a statement that all businesses should comply with the law and be treated equally, noting that he had purchased a deli business from Mr. and Ms. Mawhinney. At 8:48 PM, Chair Berent closed the public testimony portion of the meeting and opened the Board deliberations portion. Discussion ensued. Board Member Hoff moved to approve the special exception for the carry-out and delivery with the condition that no inside dining must be clearly stated for the public outside of the premises and also within the restaurant. Chair Berent seconded. The motion passed 2-1 with Board Member Bonner voting against the motion. The Board adjourned at 9:16 PM. La ry B ent, Acting Chair West -' inster Board of Zoning Appeals Adopted March 7, 2017 2 of2