070219 HEX McQuaid PLN51370BEFORE THE HEARING EXAMINER
FOR THE CITY OF BAINBRIDGE ISLAND
In the Matter of the Appeal of ) No. HEA-2019-01
) No. PLN51370
Matt McQuaid )
)
Of an Administrative Decision ) DISMISSAL
TO: Matt McQuaid, Appellant
Via email to: McQuaidmt@yahoo.com
James E. Haney and Katherine Hambley, City Attorneys
Via email to: jhaney@omwlaw.com, khambley@omwlaw.com
Carla Lundgren, Clerk to the Hearing Examiner
Via email to: clundgren@bainbridgewa.gov
[For file]
PLEASE TAKE NOTICE that Matt McQuaid notified the City via email dated June 28, 2019, of
his intent to withdraw his appeal of the denial of an application for removal of a landmark tree
and cancel the appeal hearing scheduled for July 18, 2019.
The Rules of Procedure for Appeal of Administrative Decisions Before the Hearing Examiner of
the City of Bainbridge Island, Washington, Chapter II, Sec. 2.5.3. provide: “An Appellant’s
request to withdraw shall be granted as a matter of right and the appeal dismissed.”
Because the Appellant has withdrawn the appeal, the appeal is dismissed and the hearing
scheduled for July 18, 2019, is cancelled.
IT IS SO ORDERED this 2nd day of July 2019.
THEODORE PAUL HUNTER
Hearing Examiner
Sound Law Center
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D
1
Annie Hillier
From:Annie Hillier
Sent:Friday, March 1, 2019 2:50 PM
To:'mcquaidmt@yahoo.com'
Subject:Information request email - PLN51370 McQuaid LMT
Good Afternoon Mr. Quaid,
My name is Annie Hillier, and I am a planner at the City of Bainbridge Island. I am writing in regards to the landmark tree
removal request for your property at 16520 Agate Point Rd. NE. Senior Planner David Greetham and I visited your
property this morning and have a few follow-up questions after viewing the site.
On the permit application, you have specified that the landmark tree removal is necessary to enable construction on or
reasonable use of the property, and no other alternative is feasible. Would you be willing to explain what alternatives to
the proposed ADU location were considered? It may be helpful to depict the location of the septic tanks on the site plan
and to provide information from the health district or septic installer, in order to substantiate the statement that the
ADU cannot be shifted any closer to the drainfield. It may also be helpful to explain why the ADU cannot be located west
of the well house, particularly if the location of the future SFR is modifiable.
Thank you for any additional information you can provide, in order to help the City better understand that there is no
alternative location available.
Sincerely,
Annie Hillier
City Planner
www.bainbridgewa.gov
facebook.com/citybainbridgeisland/
206.780.3773 (office) 206.780.0955 (fax)
ATTACHMENT E
ATTACHMENT F
Pre-Hearing Order
Bainbridge Island Hearing Examiner
McQuaid Appeal of an Administrative Decision
No. HEA-2019-02; No. PLN51370
Page 1 of 2
BEFORE THE HEARING EXAMINER
FOR THE CITY OF BAINBRIDGE ISLAND
In the Matter of the Appeal of ) No. HEA-2019-01
) No. PLN51370
Matt McQuaid )
)
Of an Administrative Decision ) PRE-HEARING ORDER
TO: Matt McQuaid, Appellant
Via email to: McQuaidmt@yahoo.com
James E. Haney and Katherine Hambley, City Attorneys
Via email to: jhaney@omwlaw.com, khambley@omwlaw.com
Carla Lu ndgren, Clerk to the Hearing Examiner
Via email to: clundgren@bainbridgewa.gov
[For file]
PLEASE TAKE NOTICE that Matt McQuaid filed an appeal of the City’s May 10, 2019, denial
of an application for removal of a landmark tree (Chapter 16.32 Bainbridge Island Municipal
Code). An open record appeal hearing in the above-referenced case will be held on:
June 27, 2019, 1:00 PM
Council Chambers, Bainbridge Island City Hall
200 Madison Ave N.
Bainbridge Island, Washington
ORDER ON APPEAL PROCEDURES
The following order is intended to facilitate a hearing and resolution of this matter:
1. Witness and Document Lists: By Noon, June 20, 2019, the parties shall provide to the
other party, with two paper 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. Object ions 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
Pre-Hearing Order
Bainbridge Island Hearing Examiner
McQuaid Appeal of an Administrative Decision
No. HEA-2019-02; No. PLN51370
Page 2 of 2
have an opportunity to cross-examine witnesses. Copies of documents shall be tabbed
and designated as follows: Appellant (A-1, A-2, etc.) and City (C-1, C-2, etc.).
2. The general format of the appeal hearing shall be as follows:
a. Introductory remarks by the Hearing Examiner
b. Presentation of Appellant witnesses, and cross-examination of those witnesses
by the City
c. Presentation of City’s witnesses, and cross-examination of those witnesses by
the Appellant
d. Closing arguments, if any.
3. The parties are encouraged to discuss settlement and to notify the Clerk to the Hearing
Examiner of any settlement reached prio r to the scheduled hearing.
SO ORDERED this 6th day of June 2019.
THEODORE PAUL HUNTER
Hearing Examiner
Sound Law Center