[RP TownTalk] 7-Eleven: Planning Board overturns Town Council recommendation

[Heather Cronk]

Actually, there is a mechanism to ask the planning board to reconsider -- I
would highly encourage the mayor and the town council to pursue this
mechanism with speed.

>From the planning board procedure document, available at:
http://www.pgplanning.org/Assets/Planning/Planning+Board/Rules+of+Procedure.pdf

SECTION 10 – RECONSIDERATION

   1.

   *A request to reconsider a decision of the Planning Board may be made by
   a party of record within fourteen (14) calendar days after the date of
   notice of the final decision. Requests for reconsideration shall be made in
   writing with copies sent to all parties of record at the same time such
   request is sent to the Planning Board. If the Board does not grant
   reconsideration within thirty (30) calendar days after receipt of the
   request, or at the next hearing scheduled if no hearing is scheduled within
   thirty (30) days of the receipt of the request, it is denied. *
   2.

   Any member of the Planning Board who voted with the majority on the
   original proposal may move for reconsideration within thirty (30) calendar
   days. If no such member remains on the Board, the motion may be made by the
   Chairman, on his own initiative, or at the request of any Board member.
   3.

   If the staff or a member of the Planning Board is of the opinion that an
   item is appropriate for reconsideration by the Board, they shall arrange to
   have such plans on the agenda for discussion purposes.
   4.

   All parties of record shall be mailed notice of the date at which the
   Planning Board will consider the request for reconsideration. Such notice
   shall be mailed at least ten (10) days prior to the scheduled meeting.
   5.

   Reconsideration may only be granted if, in furtherance of substantial
   public interest, the Board finds that an error in reaching the original
   decision was caused by fraud, surprise, mistake, inadvertence or other good
   cause.
   6.

   If a motion to reconsider is adopted, notice of the hearing date shall
   be sent to all parties of record at least ten (10) days prior to the
   scheduled hearing. In addition to the mailing, notice may be given by the
   placing of a sign or signs on the property in accordance with the general
   locational and legibility requirements specified in Section 27-125.03 of
   the Zoning Ordinance. Such signs shall be posted for a minimum of thirty
   (30) continuous days prior to the scheduled hearing. Signs shall be removed
   by the applicant within 15 days after the hearing in accordance
with the Process
   Guidelines For Development Review Applications.
   7.

   A request for reconsideration shall not operate to extend any appeal
   times provided by applicable law.




On Friday, September 11, 2015, James Coleman <rpkfarmmkt at gmail.com> wrote:

> That stinks. Need any help with this matter?
>
> Thanks, JC
>
> > On Sep 11, 2015, at 7:54 AM, Alan K. Thompson <
> akthompson at riverdaleparkmd.gov <javascript:;>> wrote:
> >
> > The planning board voted last night to approve the 7-Eleven proposal.
> Barring judicial action (which is an option those of us on the Town Council
> are discussing), the project will go forward.
> >
> > There are legal consequences of the decision beyond this project that
> look pretty bad right now - I'm still trying to figure out exactly how to
> move forward.   The legal advisors for the Planning Board interpreted
> certain language in the M-U-TC design book in ways I know it was not
> intended.
> >
> > Sincerely,
> >
> > Alan K. Thompson
> > Chair, M-U-TC Local Design Review Committee
> >
> >
> >
> >
> >
> > --
> > Sent from my iPad
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