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Planning Board to rehear MD Trash Removal site plan after abutter-notice error
Summary
The Milford Planning Board voted to rehear site-plan case SP2025‑01 (Choice Property Management LLC d/b/a MD Trash Removal) after staff discovered required abutter-notification letters were not mailed within the RSA-prescribed 10‑day period.
The Milford Planning Board voted on May 6 to rehear a site-plan application for Choice Property Management LLC doing business as MD Trash Removal (case SP2025‑01) after staff identified a defect in the notice process for abutters. Vice Chair Janet Langdell told the board the town failed to mail abutter-notification letters within the 10-day window required under RSA notice procedures; an abutter raised the concern prior to the meeting.
"We found out that the notifications to the abutters did not go out in the RSA defined 10 day window," Langdell said during the work session and asked the board to rehear the case "to be proactive and corrective." Town staff confirmed the legal notice in the newspaper was posted in time but that individual abutter letters went out late or reached recipients after the statutory window.
Planning staff and the applicant's representatives discussed next steps on the record. The board moved to rehear the case and set the rehearing for June 3 to allow the town to re-advertise and complete abutter mailings in the correct legal timeframe. The board said it will retain the original case number (SP2025‑01) for continuity; staff said the town will waive application fees attributable to the notice error and will evaluate whether any engineering hearing costs should be covered to avoid charging the applicant for a town error.
Terry Dull, town planner, said he had spoken with the applicant and the applicant’s engineer (Casey Delashre) about scheduling and logistics. Camille Patterson, community development director, said staff developed a legal-notice tracking form to prevent similar problems going forward and that the town will use it for future Planning Board and ZBA cases.
Motion and vote: Vice Chair Janet Langdell moved to rehear case SP2025‑01; Tina Filbrick seconded. A roll-call vote was taken and the motion passed. The Planning Board recorded the rehearing date of June 3 and instructed staff to reissue notices and the newspaper legal advertisement to conform with RSA notice requirements.
Board members emphasized fairness to both abutters and the applicant. The board said rehearing would re-open the record to public testimony and full presentation; staff advised the board that rehearing will delay the timeline for final approval but that the town will bear the procedural cost of correcting the notice error.
