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Applicant withdraws West Fifth Street conversion petition after notice deficiencies; staff advises refile with posted site plan

3120688 · April 24, 2025
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Summary

An applicant seeking to convert a three‑family into a four‑family at 23 West Fifth Street withdrew the petition without prejudice after board members found the required public‑notice site plan had not been posted; the board advised the applicant to work with planning staff, repost the notice for 14 days and refile.

An applicant for 23 West Fifth Street withdrew his site‑plan and special‑permit petition without prejudice on Thursday after board members found the required on‑site public‑notice posting and certain site-plan details were missing.

Planning board members said they visited the property and did not find the required posted site plan that shows the proposed changes. Chair and other members explained that the notice must include a site plan with dimensional information, required zoning dimensions, and parking layout. The board noted a four‑family conversion requires two parking spaces per unit — eight spaces total — and pointed to other plan deficiencies in staff comments.

The applicant, identified in the record as Louis (surname stated in packet), said he would meet with Division of Planning and Development staff to correct the deficiencies and repost the required notice. Planning staff told the applicant that posted notices must remain in place for 14 days prior to a hearing to meet notice requirements; staff also advised that if he withdraws and returns he will have to rerun the legal advertisement for the hearing, which staff estimated as an expense in the order of several hundred dollars.

Board members accepted the applicant’s request to withdraw without prejudice and encouraged him to work with staff on a revised submission that includes a full site plan showing required dimensions and parking, and to provide a photographic record of the posted notice when he reapplies. The chair said the withdrawal was allowed and the applicant was directed to refile when he has the required materials.

No vote on the merits of the conversion occurred; the record shows the withdrawal was approved by voice vote after a motion to allow withdrawal without prejudice.