2018-01-23 Rich SEPA and VMP appeal PHO
Pre-Hearing Order (Dated January 23, 2017)
Bainbridge Island Hearing Examiner
Rich Appeal of a SEPA Determination and Administrative Decision
No. HEA-2018-02; No. PLN50468 VEG
Page 1 of 3
BEFORE THE HEARING EXAMINER
FOR THE CITY OF BAINBRIDGE ISLAND
In the Matter of the Appeal of ) No. HEA-2018-02
) No. PLN50468 VEG
Crystal and Yurie Rich )
) PRE-HEARING ORDER
Of a SEPA Determination and )
Administrative Decision ) (Superseding Prior Orders)
TO: Jeremie Lipton, Attorney for Appellants
Via email to: jeremie@liptonlawgroup.com
James Haney, Attorney for City
Via email to: jhaney@omwlaw.com
Roz Lassoff, Clerk to the Hearing Examiner
Via email to: rlassoff@bainbridgewa.gov
[For file]
PLEASE TAKE NOTICE that Crystal and Yurie Rich filed an appeal of the City’s SEPA
Determination and conditions of the City’s approved Vegetation Management Permit (VMP).
An open record appeal hearing in the above-referenced case will be held on:
March 5, 2018, 10:00 AM
Council Chambers, Bainbridge Island City Hall
200 Madison Ave N.
Bainbridge Island, Washington
Issues on Appeal
SEPA MDNS Appeal
1. Is MDNS Condition 1, requiring a general NPDES construction permit, necessary to
mitigate the impacts of the Appellants’ proposed development?
VMP Appeal
2. Is VMP Condition 7, requiring a 25-foot nonfarmed buffer along the entire perimeter of
the property, necessary to mitigate the impacts of the Appellants’ proposed
development?
3. Is VMP Condition 12, requiring the Appellants’ farm plan be implemented within one
year after completion of the conversion vision, a practical condition?
Pre-Hearing Order (Dated January 23, 2017)
Bainbridge Island Hearing Examiner
Rich Appeal of a SEPA Determination and Administrative Decision
No. HEA-2018-02; No. PLN50468 VEG
Page 2 of 3
4. Is VMP Condition 13, requiring all residual forest areas, including the 25-foot
nonfarmed buffer, be retained in windfirm condition pursuant to BIMC 16.22.060.A.3, a
practical condition?
ORDER ON APPEAL PROCEDURES
The following order is intended to facilitate a hearing and resolution of this matter:
1. Motions: By Noon, February 2, 2018, two paper copies of any motions may be
submitted by any party to the Clerk to the Hearing Examiner of the County (who
will forward one copy to the Hearing Examiner), with a copy to the other party.
By Noon, February 9, 2018, two paper copies of any response to motions may be
submitted by any party to the Clerk to the Hearing Examiner of the County (who
will forward one copy to the Hearing Examiner), with a copy to the other party.
2. Briefs: By Noon, February 9, 2018, two paper copies of a brief, not to exceed 15
double-spaced pages, may be submitted by the Appellants to the Clerk to the
Hearing Examiner of the City (who will forward one copy to the Hearing
Examiner), with a copy to the other party. By Noon, February 16, 2018, two
paper copies of a response brief, not to exceed 10 double-spaced pages, may be
submitted by the City to the Clerk to the Hearing Examiner (who will forward one
copy to the Hearing Examiner), with a copy to the other party.
3. Witness and Document Lists: By Noon, February 26, 2018, the parties shall provide to
the other party, with two copies to the Clerk to the Hearing Examiner (who will forward
one copy to the Hearing Examiner), the following:
a. a witness list, if any
b. a documents list
c. copies of the documents
The witness list shall include the name, address and telephone number of each witness.
If the witness will be providing expert testimony, the witness list shall also identify the
witness’s area of expertise. Only those witnesses and documents identified shall be
allowed at the hearing. Objections to admission may be made at the hearing; if no
objection is made the document will be deemed admitted. All parties to the appeal shall
have an opportunity to cross-examine witnesses. Copies of documents shall be tabbed
and designated as follows: Appellants (A-1, A-2, etc.) and City (C-1, C-2, etc.).
4. The general format of the appeal hearing shall be as follows:
SEPA Appeal
a. Introductory remarks by the Hearing Examiner
Pre-Hearing Order (Dated January 23, 2017)
Bainbridge Island Hearing Examiner
Rich Appeal of a SEPA Determination and Administrative Decision
No. HEA-2018-02; No. PLN50468 VEG
Page 3 of 3
b. Presentation of Appellants’ witnesses, and cross-examination of those
witnesses by the City
c. Presentation of City’s witnesses, and cross-examination of those
witnesses by the Appellants
d. Closing arguments, if any.
VMP Appeal
a. Introductory remarks by the Hearing Examiner
b. Presentation of Appellants’ witnesses, and cross-examination of those
witnesses by the City
c. Presentation of City’s witnesses, and cross-examination of those
witnesses by the Appellants
d. Closing arguments, if any.
5. The parties are encouraged to discuss settlement and to notify the Clerk to the Hearing
Examiner of any settlement reached prior to the scheduled hearing.
SO ORDERED this 23rd day of January 2018.
THEODORE PAUL HUNTER
Hearing Examiner
Sound Law Center