[Massplanners] Withdrawl with prejudice

[Barbara Carboni]

Hi Dan, not sure I agree.  A withdrawal (without or without prejudice) does not result in a decision by the Board.  The application is being withdrawn, so the Board is neither approving nor denying the application. Since there is no decision by the Board, there is nothing to appeal, so nothing to defend in court.

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Daniel Fortier via MassPlanners
Sent: Thursday, December 5, 2024 4:04 PM
To: TownPlanner <townplanner at townofbolton.com>
Cc: massplanners at masscptc.org
Subject: Re: [Massplanners] Withdrawl with prejudice


Wow, with prejudice usually would require a set of findings that are defensable in court as it acts as a denial. Any withdrawal requires a vote, but more effort is needed with prejudice.  Generally, unless there was a really good reason, I go with withdraw without prejudice.

Dan Fortier, AICP Retired Planner

On Thu, Dec 5, 2024, 2:55 PM TownPlanner via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>> wrote:
Hello,  I have an advertised hearing noticed to abutters etc.  and the applicant has requested to withdraw with prejudice.  Has anyone experienced this before?.  I assume it results in the prohibition of a repetitive application but does it require a vote of the ZBA or a simple acknowledgement of the written request at the meeting?   Thank you.



Pamela Harding, AICP
Town Planner
Town of Bolton
663 Main Street<https://www.google.com/maps/search/663+Main+Street+Bolton,+MA+01740?entry=gmail&source=g>
Bolton, MA 01740<https://www.google.com/maps/search/663+Main+Street+Bolton,+MA+01740?entry=gmail&source=g>

Phone: (978) 779-3308
Fax (978) 779-5461



--
MassPlanners mailing list
MassPlanners at masscptc.org<mailto:MassPlanners at masscptc.org>
http://masscptc.org/mailman/listinfo/massplanners_masscptc.org

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate that to the sender and delete the copy you received. When writing or responding, please remember that the Secretary of State’s Office has determined that email is a public record. Please take notice: All e-mail communications sent or received by persons using the Town of Truro network may be subject to disclosure under the Massachusetts Public Records Law (M.G.L. Chapter 66, Section 10) and the Federal Freedom of Information Act
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20241205/ed7a6088/attachment.htm>