Alton ZBA denies continuance for contractor’s-yard application; applicant must reapply
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The board denied a continuance request for a contractor’s yard application after the applicant reached the maximum allowed continuances; the board denied the application without prejudice so the applicant may refile and re-notify abutters.
The Town of Alton Zoning Board of Adjustment on Aug. 7 denied a continuance request and then denied the application without prejudice for a contractor’s yard permit after the applicant had requested multiple postponements. Board members said the applicant had used the allowable continuance limit and therefore must reapply and notify abutters anew.
At the meeting the board’s planner and chair reviewed the procedural history: the applicant had requested multiple continuances and the board had earlier voted to deny a further continuance. A board member moved to deny the continuance; a second motion denied the application without prejudice so that the applicant could submit a new filing and the town could re-notify abutters. The motions carried unanimously.
Why it matters: Rules in the Alton zoning procedure limit the number of continuances an applicant may take; when that limit is reached the board said it must either decide the matter or require a new application so abutters receive fresh notice. Denying without prejudice preserves the applicant’s right to reapply but requires restarting the notification and application process.
Board direction: staff and code enforcement were asked to engage with the property owner about possible on-site issues (equipment moved onto the site before approval) and to ensure that abutters receive new notices if and when the applicant reapplies. The board also advised neighbors that written materials and photos can be submitted to planning staff to be included in the packet at the next hearing.
The action was recorded as a denial of continuance, followed by a denial of the application without prejudice; the board unanimously approved both motions.
