[Massplanners] WIthdrawal of a Definitive Subdivision Plan

[Daniel Fortier]

Wouldn't want to be a test case...

If the election changed the make up of the Board, leaving the applicant at the disadvantage of having a full board available to hear the application it is totally reasonable to allow the process to be re-started. Refusing the request would seem arbitrary and capricious and likely to fail, and be costly to the town, in court.

Daniel Fortier, AICP
Retired Planner

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________________________________
From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of Edgartown Planning Board via MassPlanners <massplanners at masscptc.org>
Sent: Monday, May 19, 2025 7:30:55 AM
To: Mass Planners <massplanners at masscptc.org>
Subject: [Massplanners] WIthdrawal of a Definitive Subdivision Plan

Good morning all -

In Edgartown, due to crossing an election boundary, an applicant is requesting to withdraw their definitive subdivision application, in order that they can refile it (, and get a more favorable quorum.

Is there case law which speaks to

- the rights of the applicant to withdraw their application: do they have an absolute right to request to withdraw?
- the adjudicatory authority that a planning board may (or may not) have relative to a request to withdraw: can the request be denied, and the application proceed to a vote?

Thanks in advance.

- Doug.

--
The Edgartown Planning Board
PO Box 5130
Edgartown, MA 01027
413-627-6170
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