Tabling vs Postponement

[Guest Boris]

We have a subdivision application on a Planning Board agenda for next week.  I am prepared to not recommend that the Planning Board accept the application as "complete" due to the proposed plan not complying with the zoning ordinance requirements.  The applicant has been threatening to bring the City to court over the ordinance requirements for the past 2 years.  The Zoning Board of Adjustment recently denied his variance request to grant relief from the ordinance requirements.  Now he requests that his application be tabled for 6 months in order to resolve his legal issues (potentially allowing him time to sue the City without having to withdraw his application until these issues are resolve).  In my email communication to him, I recommended that he withdraw his application which he does not want to do because he will have to pay his application fees again.   Is the correct action for the Board to "table" or to "postpone"? 

 

Thank you.

[Edgar Guest]

Motions are "tabled" (often improperly), not applications. See FAQs #12 and #13.
 

I am prepared to not recommend that the Planning Board accept the application as "complete" due to the proposed plan not complying with the zoning ordinance requirements.

You should probably recommend something rather than not recommend something. For example, a motion to accept the application could be defeated. Or consideration of the motion could be postponed to a later time.

[jstackpo]

 Or consideration of the motion could be postponed to a later time.

But not out as far as six months - p. 183 - nor past the date of the next planning board meeting.

[Edgar Guest]

But not out as far as six months - p. 183 - nor past the date of the next planning board meeting.

 

Thanks for clarifying that. Would the best option, then. be a motion to commit? In other words, how could you postpone something to a later time if the motion to postpone to a later time is not an option.

[Dan Honemann]

Thanks for clarifying that. Would the best option, then. be a motion to commit? In other words, how could you postpone something to a later time if the motion to postpone to a later time is not an option.

 

Referring it to a committee is the only way.

[Edgar Guest]

Referring it to a committee is the only way.

 

Thanks.

[Josh Martin]

We have a subdivision application on a Planning Board agenda for next week.  I am prepared to not recommend that the Planning Board accept the application as "complete" due to the proposed plan not complying with the zoning ordinance requirements.  The applicant has been threatening to bring the City to court over the ordinance requirements for the past 2 years.  The Zoning Board of Adjustment recently denied his variance request to grant relief from the ordinance requirements.  Now he requests that his application be tabled for 6 months in order to resolve his legal issues (potentially allowing him time to sue the City without having to withdraw his application until these issues are resolve).  In my email communication to him, I recommended that he withdraw his application which he does not want to do because he will have to pay his application fees again.   Is the correct action for the Board to "table" or to "postpone"? 

 

The motion to Lay on the Table is not in order. You can't postpone something for six months all in one go, but the board could, at each meeting, postpone the application to the next meeting (provided that no two meetings are more than a quarterly interval apart).