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Charlton zoning board accepts withdrawal of variance petition for 101 Sandersdale Road
Summary
At its April 8 meeting the Town of Charlton Zoning Board of Appeals accepted a petitioner—s request to withdraw without prejudice a variance application for a proposed common driveway at 101 Sandersdale Road; conservation and DEP permitting remain outstanding.
The Town of Charlton Zoning Board of Appeals on April 8 accepted a petitioner—s request to withdraw without prejudice the variance application for 101 Sandersdale Road, a petition that sought permission for a three-lot common driveway.
The withdrawal came after the petitioner and the board discussed outstanding wetland and conservation determinations, including an ANRAD/ORAD process and anticipated comments from the Department of Environmental Protection (DEP). The petitioner told the board that a peer review concluded the east-west channel on the property is likely a perennial stream and that a single crossing would probably be less detrimental than multiple crossings.
Board members and staff told the petitioner the conservation office must complete its line determination and any Order of Resource Area Delineation (ORAD) would need to be recorded before the board could consider a new application for access or development. The petitioner said he planned to file an ANRAD, obtain a DEP file number, and then return with revised plans and any conservation conditions.
The petitioner also acknowledged the practical and financial considerations of re-filing: the filing fee to re-submit a petition would be $300. Board staff instructed the petitioner to submit a written, signed request to withdraw without prejudice for the record.
After the petitioner presented the request, a board member moved to accept the withdrawal without prejudice; the motion was seconded and the board voted in favor. The board recorded the motion as carried unanimously.
If the petitioner later records an ORAD and files a new application, the board said it will take up the matter again and consider any hardship claims only after conservation determinations and any DEP comments are part of the record.
Minutes and other routine business followed the withdrawal.
Quotes in this article are taken from the April 8 meeting transcript of the Town of Charlton Zoning Board of Appeals. The board voted to accept the withdrawal "Motion carries unanimously," recorded in the meeting minutes.
