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Planning Board denies Villages at 55 North Main application without prejudice, citing insufficient submittals
Summary
The board voted to deny without prejudice GM Properties LLC’s multifamily application for 55 North Main Street because required information was not submitted; town conservation issues tied to a DEP drought determination also delayed review.
The Charlton Planning Board voted Feb. 19 to deny without prejudice the application filed by GM Properties LLC for the Villages at 55 North Main Street after concluding the applicant failed to provide sufficient submittal materials to allow the board to proceed.
Staff said the application had been advertised in 2024 but the file remained incomplete and stagnant; conservation review by the town’s agent was also pending because the state Department of Environmental Protection’s drought designation complicated a determination of whether a waterway on the site is perennial or intermittent. That classification affects whether certain wetlands protections apply and has delayed the conservation commission’s work, staff said.
Planning staff recommended denial without prejudice so the applicant can collate the missing materials and re-file when ready. The board discussed options including continuing the hearing or denying the application; members agreed denial without prejudice was appropriate because the file lacked the data necessary for a timely and substantive review.
Board members and staff discussed re-advertising costs and application fees. The transcript records the standard application fee as $750; staff said legal-notice and advertising costs would be additional. The board’s motion to deny without prejudice specified the reason as lack of required submittals to the planning office.
Action taken: the board moved and unanimously approved denial without prejudice. Staff will send a formal letter to the applicant explaining the board’s decision and the path to resubmission. Conservation staff and applicants remain available to continue review once the applicant provides complete materials and DEP/wetlands determinations allow the conservation commission to act.
Votes at a glance: - Motion: Deny without prejudice the application from GM Properties LLC for the Villages at 55 North Main Street due to insufficient submittal materials to the planning office. Outcome: Denied without prejudice (unanimous).
Clarifying details recorded in the meeting: the conservation hold arises from a disagreement over stream classification (perennial vs intermittent) during a drought declaration by DEP, which has limited the conservation commission’s ability to make a field determination. Staff noted the $750 application filing fee; advertising and legal-notice costs were discussed but not settled and should be treated as additional costs to refile.
The denial leaves open the applicant’s option to gather the missing submittals, resolve conservation questions and reapply. Staff and the conservation agent indicated they would continue to work with the applicant and with ConCom while the file remains dormant.
