|
| Two appeals delay Devil's Slide tunnel project By MATT KAPKO Published/Last Modified on Wednesday, August 4, 2004 9:43 AM PDT Half Moon Bay Review The California Coastal Commission has followed Coastal Act procedure and given Oscar Braun, an appellant of the Devil's Slide tunnel project, his right to have his appeal heard by the commission even though the executive director deemed it "patently frivolous." Executive Director Peter Douglas judged Braun's appeal "patently frivolous" because it didn't state any grounds for appeal or statement of facts on which the appeal is based, said Chris Kern, manager of the North Central Coast District Office. However, the Coastal Act provides the opportunity for appeals to be heard by the Coastal Commission even if deemed "patently frivolous" with a $300 fee. Braun, a Coastside resident, paid the $300 fee for the appeal to be heard, thereby setting the appeal process in motion. Because the appeal is still pending and waiting for a commission hearing, the commission was required to suspend San Mateo County from issuing any permits for the tunnel project. "It is quite appropriate to call the whole thing frivolous," Zoe Kersteen-Tucker, a tunnel advocate, said. "It's an egregious waste of tax dollars." The Coastal Act requires appeals to be heard within 49 days of their filing, but Kern said it hasn't been scheduled for a hearing yet. If the California Department of Transportation doesn't waive the 49-day deadline for the appeal to be heard it will have to be scheduled for the commission's meetings on either Aug. 11-13 or Sept. 8-10. Commission members Mike Reilly and Meg Caldwell also filed a second appeal internally. Their appeal rests on concerns that a land transfer from Caltrans to state parks won't be ensured unless it is clearly made a condition of the development permit issued by the county. |