Appeal is filed in Sequim opposing MAT process

By Lois Krafsky-Perry and Staff, Citizen Review

February 14, 2020

Sequim, WA – Retired attorney Robert (Bob) Bilow filed a notice of appeal to Barry Berezowsky, the Director of Community Development (DCD), City of Sequim, on Valentine’s Day, February 14th.

Specifying why he (as Appellant) believes the Director’s decision to classify the MAT proposal as a “Type A-2 process” was wrong, Bilow wrote, “the Director has reached his ‘decision’ erroneously by proceeding through an analysis based upon Title 18 of the Sequim Municipal Code , rather than via the proper Title 20 of that Code. 

The fact that this ‘Process’ should follow the procedures detailed in SMC (Sequim Municipal Code) Title 20 and not Title 18 is abundantly clear from the Statutory Purpose identified in SMC 20.01.010 Statutory Authorization and Purpose.”

Bilow questioned Berezowsky’s decision that the MAT Project application should follow a “Type A-2 Process”, which means that the project requires limited discretion and involves limited public interest. Instead, he claims that the Director should have classified this application under the Sequim Municipal Code as a “Type C-2 Process”, since the project requires substantial discretion and involves broad public interest.

Other considerations, such as the zoning provisions contained in SMC Title 18, could then be considered by the Director as the application proceeds through the various steps specified in the “Type C-2 Process”.

Comparing the different project reviews under SMC Title 18 and Title 20, Bilow stated “a use might be termed as “permitted” under SMC Title 18, but may fail SMC Title 20 analysis for a variety of reasons.  For example, an “outpatient facility” appears permitted under Title 18; nevertheless, if during the Title 20 Process the City should find that the facility will be exclusively used for Coronavirus research, the facility would certainly be disallowed in the final analysis.”

The Sequim resident continued, “At this time, despite the hyperbole utilized in the Director’s determination, the only certainty is that this Application fits the Type C-2 Process which requires substantial discretion and about which there is a broad public interest. The Directors classification of this Application should be changed from A-2 to C-2 and the Application processed as specified in the Sequim Municipal Code.”

Bilow who is a Sequim High School graduate, returned home to retire, when he heard of the Jamestown S’Klallam Tribe’s plans to build a Medically-Assisted Treatment Center (MAT) in the heart of his home town.

Read complete appeal here: Notice of Determination as Procedure Type A-2.