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Planning Board votes to rehear MD Trash Removal special permit after abutter‑notice error
Summary
The board unanimously voted to rehear SP 2025‑01 (Choice Property Management LLC d/b/a MD Trash Removal) after staff found abutter notifications did not meet the RSA 10‑day window; the rehearing is scheduled for the next available meeting to allow corrected notices and public participation.
The Milford Planning Board voted Tuesday to rehear special permit case SP2025‑01 (Choice Property Management LLC, doing business as MD Trash Removal) after staff acknowledged abutter-notification letters were not mailed within the state‑statute timeframe referenced during the hearing.
Vice Chair Janet Langdell explained the town discovered the abutter mailings did not meet the RSA‑defined 10‑day notice window and an abutter raised concerns that they had not received timely notice. To ensure fairness to abutters and to the applicant, Langdell asked the board to rehear the case. The motion to rehear was made by Langdell, seconded by Tina Filbrick, and passed by roll call.
The nut graf: Because the notice window was not met for abutters, the board concluded rehearing the matter is the appropriate corrective step; the town will reissue legal notices and will schedule the rehearing for the first available meeting that permits the required newspaper and abutter notifications.
Board discussion covered logistics and impact on the applicant. Staff and the board said the town will waive application fees associated with the administrative error. Terry Dull, town planner, said the case will retain the same case number and that the rehearing could be scheduled on the board’s next available meeting date after the publication and abutter‑mailing requirements are met; the board identified June 3 as the earliest feasible rehearing date to allow legal notifications.
Halting the previous decision for a rehearing does delay final approval timelines for the applicant; board members discussed but did not require additional engineer fees for the applicant, and staff said they will review what the town can cover given the error. The board also reported it has implemented a legal‑notice tracking form to prevent future missed abutter notices.
Ending: The rehearing motion passed unanimously; staff will reissue corrected legal notices, coordinate abutter mailings, and post the rehearing date once the statutory notice windows are satisfied.
