filing fees

[mmc]

Hi All,

I like the new look. Very sharp.
As anyone ever returned an applicant's filing fee when the project has been denied? Its a $258 fee. We haven't done so in the past, but I'm thinking of it as a good will gesture.

[patrickgarner]

That's always your option. I've never seen it done. But I'll bet it's been done before, and there's nothing that says a commission cannot refund fees.

[JMD1986]

You would have to consider all the reasons for the denial.

You held a hearing, heard their case, reviewed thier site, reviewed thier plans and recorded and typed minutes. Essentially you have time invested that needs to be considered. In this case I would say NO.

The fees are there to defray the costs associated with all aspect of administering the Act.

If you do it for one then you have to do it for all.

[mmc]

I agree. The problem is that the owner has had this property in his family since the 1940's They have done a lot of stuff from the 40's to the 70's that would not be permitted today before there were coastal regulations and now have to be dealt with or worked around. An older gentleman who isn't quite getting the picture......

[JMD1986]

Old or young you have the responsibility to educate them and make them aware of the laws.

[mmc]

No matter how much education and explaining, hiring experts etc; some people simply feel they are entitled to do what they want because they always have. At any rate, he has requested a continuance, as we have a pending court case on a similar project in the same neighborhood.

thanks.

[bfaneuf]

The answer should be a resounding NO. This is why ConComs don't get the respect other town boards do (in fact, the word 'Commission' in itself as opposed to Board leads to lack of gravitas in people's minds before anything-as if it wasn't old enough to graduate to Board status). But that's the way it is, regardless of the circumstances involved. You've done the work and refunding a filing fee for a denial usurps a Commission's authority. That's the chance the applicant takes, and if it doesn't work out that's their fault, regardless of the circumstances.

I find the psychology of ConComs different than other Boards. People who join ConComs tend to be bighearted people who want to do their part to preserve the environment. That's great, but being on the ConCom, or any Board, requires you to be the bad guy every once in a while. New Commissioners seem to only find this out later and then don't know what to do with it. Not only that, but there is a lot more subjectivity in a Commissioner's decision making process than other Boards, and this more than anything makes being a Commissioner harder. Still, I have the most respect for Commissions that don't waffle and give breaks for some and not others. That is the worst thing you could do. People may not like your decision, but if you're knowledgeable and consistent, you'll at least be considered fair and that will eventually lead to respect.