500 foot Limit
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1. Appeal of 500 foot set back     Fw: Kevin Hamilton, et al. - PL-09-17  PDF Format

It does not look like Kevin has anything to personally concerned  as his Small Scale operation appears to be ( via google maps) over 1000 ft from the river


2. APPEAL TO THE 500 FOOT SET BACK  2009 11 20 Richard Melvin NSFA.pdf 


3. NSUARB-#167754-v1-Hearing_Order_-_R&N_Farms_-_PDF.PDF 
Mr. Murphy:
 
Receipt is acknowledged of your letter and your request for information regarding intervenor status at a hearing of the Utility and Review Board.
 
In answer to your questions:
1- Will an intervenor have full access to the appeal record and other documents filed, on the same basis as the Municipality and appellant?

Answer:  If the Board grants standing to an intervenor, the Municipality will be requested to file these documents with the intervenor as soon as possible.

2- Does a party wishing to make a verbal presentation have full access to the appeal record and other documents filed.

Answer:  An individual wishing to make a presentation to the Board at the evening session will not have full access to the appeal record or other documents filed.  An individual may request the Municipality for documents pertaining to the appeal; however, the Municipality is not obligated to file all pertinent documents with that individual.  

3- Will all documents to be presented at the hearing be filed prior to Jan 8/10 ( and if so how long before Jan 8?) so that an individual filing a written submission has a chance to review the record prior to filing?

Answer:  Attached is a copy of the Hearing Order issued to the Appellant and the Respondent (Municipality), setting out the time table for the disclosure of evidence.  

This time table will also apply to any intervenor who may be granted status, with evidence to be filed on December 11th (the date the Municipality is to file its evidence).

4- Can the Board award costs against any party ( including an intervenor) on an appeal?

Answer:  While the Board has authority to award costs in all other classes of proceedings before it, it does not have such authority in relation to planning proceedings except as provided for breaching filing deadlines by the parties, as provided for in s.250 (6)(a)(b), (7), (8) and (9) of the Municipal Government Act.  

5- Will an intervenor have disclosure deadlines ( re witness lists and documents ) imposed if they wish to present evidence and how will those dates be set?

Answer:  The deadlines will be as in the Hearing Order attached.  The intervenor deadlines will be the same as for the Municipality.  An individual can request the Board for an extension, which request could be made at the preliminary telephone hearing for intervenor status.

I hope I have answered all your questions.  Please advise if you require further clarification.
 
Regards,
Elaine Wagner
Chief Clerk of the Board



 
 
 
 

 

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