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Chairman Michelotti said there surely must be a way to come up <br />with an equally agreeable solution. Mrs. Black continued to say <br />that she and the neighbors could not seem to reach an agreement, <br />but that she was most willing to try. <br />Tom Hlack showed the Commission a blueprint with the proposed <br />grading. <br />Mr. Swift discussed the length of the slope and the size of the <br />cut, adding that the situation was very complex with the <br />different levels of the house. <br />Commissioner Mahern asked Mr. Black to show the Commission where <br />the house would be located in photos he presented. Away from <br />the podium, he showed them and discussed the slope and cuts. <br />Mr. Hlack showed the area which was the neighbor's concern: a <br />24' triangular area. He felt the yard could be raised 2-3', <br />which would solve the problem. He felt the revised plan was <br />best, but was willing to work with staff in order to facilitate <br />matters. <br />Chairman Michelotti asked Mr. Black if he meant he would like to <br />work with staff and have them agree to slightly raise the house. <br />He agreed with her. <br />Jim Balch, 14 Grey Eagle Ct. represented the Homeowners' <br />Association. He said he lives across from the Blacks. He <br />stated he was asked by staff to work with the Blacks and he <br />agreed to do so. Since that time he has been served with a ~2 <br />million lawsuit and his attorney told him he could not talk with <br />the Blacks. He stated that he has dropped off plans t^ the <br />Assn. and some concur while others do not. He said the <br />homeowners feel this can be resolved and are willing to work <br />with the Blacks. He said the Homeowners Assn. has a lawsuit <br />against them also. <br />Chairman Michelotti asked if the grading was his main concern. <br />Mr. Balch said that has always been the main conern. She asked <br />him if he was willing to work with the applicant and staff. He <br />responded that he definitely would. <br />Michael O'Callaghan, 8 Grey Eagle Ct., President of the <br />Homeowners' Association, said he agrees to work with staff and <br />the applicant; however, with a lawsuit pending he is unable to <br />do so. <br />Commissioner Mahern said she could not support the application <br />if the applicant cannot work with staff and the homeowners. <br />Commissioner Hoyt preferred to deny the case and come back in <br />two weeks. He suggested that the Blacks drop the lawsuit so <br />they could all work together amicably; however, Mrs. Black <br />declined to drop the lawsuit and preferred to continue the case <br />for two weeks in order to try and work things out. <br />Page 17 <br />