PLN52149_CPA_COBI - Stetson Ridge HOA DNS Appeal Order of Dismisal
Order of Dismissal
Bainbridge Island Hearing Examiner
Stetson Ridge Homeowners Association SEPA Appeal
No. PLN52149/CPA REZ
Page 1 of 2
BEFORE THE HEARING EXAMINER
FOR THE CITY OF BAINBRIDGE ISLAND
In the Matter of the Appeal of ) No. PLN52149/CPA REZ
)
Stetson Ridge Homeowners Association ) Puget Sound Energy Proposal
)
)
Of a SEPA Determination ) ORDER OF DISMISSAL
TO: Bryan Telegin and Zachary Griefen, Appellant Attorneys
Via email to: telegin@bnd-law.com and griefen@bnd-law.com
Sara Leverett and Clara Park, Puget Sound Energy, Applicant Attorneys
Via email to: sara.leverette@pse.com and cpark@vnf.com
James E. Haney, Attorney for City
Via email to: jhaney@omwlaw.com
Renee Argetsinger, Clerk to the Hearing Examiner
Via email to: rargetsinger@bainbridgewa.gov [For file]
PLEASE TAKE NOTICE that on October 20, 2022, the City of Bainbridge Island (City) issued a
Determination of Nonsignificance (DNS) under the State Environmental Policy Act (SEPA),
concerning a request by Puget Sound Energy (PSE) to rezone the Winslow Substation site from
Residential-0.4 (R-0.4) to Business/Industrial (B/I) and a request for a Comprehensive Plan Map
Amendment. The site is identified as Kitsap County Tax Parcel No. 4178-000-0328-0204. On
November 2, 2022, Attorneys Bryan Telegin and Zachary Griefen, on behalf of the Stetson
Ridge Homeowners Association (Appellant), filed an appeal of the DNS.
City of Bainbridge Island Municipal Code (BIMC) 16.04.170.A provides that any person may
appeal the issuance of a SEPA Determination of Nonsignificance. Further, BIMC 16.04.170.D
provides that such appeal shall be heard by the Hearing Examiner. BIMC 16.04.170.D.
The Hearing Examiner’s Rules of Procedure, Section 2.4.4 provide: “At the Hearing Examiner’s
discretion, a preconference meeting or telephone conference may be held to facilitate the
issuance of the [Pre-Hearing Order] PHO.” The parties agreed to participate in a virtual
prehearing conference on November 18, 2022. At that conference, a case schedule was set with
hearing dates of January 9 and 10, 2023. The Hearing Examiner granted subsequent joint
motions to amend the case schedule and postponed the appeal hearing. On February 24, 2023,
the Hearing Examiner granted the parties’ Joint Motion to Strike Remaining Appeal Deadlines
and Reschedule, which stated that the Parties requested additional time to carry out settlement
Order of Dismissal
Bainbridge Island Hearing Examiner
Stetson Ridge Homeowners Association SEPA Appeal
No. PLN52149/CPA REZ
Page 2 of 2
discussions. The Hearing Examiner grant the parties’ motion and requested a status report by
March 24, 2023.
The Hearing Examiner’s Rules of Procedure, Chapter 2 provide:
SECTION 2.3: DISMISSAL
2.3.2 Any party may request dismissal of all or part of an appeal at any time with
notice to all parties. The Hearing Examiner may make a ruling on a motion to
dismiss based upon written arguments or may call for oral arguments.
SECTION 2.5: WITHDRAWAL
2.5.1 Only an Appellant may withdraw an appeal.
. . .
2.5.3 An Appellant’s request to withdraw shall be granted as a matter of right and
the appeal dismissed.
On February 28, 2023, the Appellant filed a Petitioner’s Motion to Dismiss with Prejudice
stating:
On February 13, 2023, the Parties to this appeal executed a settlement agreement
fully and completely resolving the claims of Petitioner Stetson Ridge
Homeowners Association. The settlement was made contingent on the
Bainbridge Island City Council’s adoption and later recording of a certain
development agreement, and provided further that upon recording of the
development agreement, Petitioner would dismiss this appeal with prejudice. The
development agreement has now been adopted, executed, and recorded.
Accordingly, Petitioner Stetson Ridge Homeowners Associations requests that the
Hearing Examiner dismiss this appeal with prejudice.
ORDER
The Appellant’s Motion is GRANTED, and this appeal is dismissed, with prejudice.
So ordered this 1st day of March 2023.
ANDREW M. REEVES
Hearing Examiner
Sound Law Center