[Massplanners] [EXTERNAL]Re: Withdrawl with prejudice

[Jay Vinskey]

While I've never heard of a request with prejudice (and can there be such a thing since MGL only mentions a withdrawal without prejudice?), in such case I would probably suggest the Board deny that request and go on to issue a proper decision (presumably, but not necessarily, a denial) - or ask the petitioner to request withdrawing without prejudice.

Jay Vinskey, AICP, RLA
City Planner

59 Court Street - Suite 300, Westfield, MA 01085
office: 413.642.9307
mobile: 413.579.7494
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From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of Barbara Carboni via MassPlanners <massplanners at masscptc.org>
Sent: Thursday, December 5, 2024 4:11 PM
To: Daniel Fortier <daniel.j.fortier at gmail.com>; TownPlanner <townplanner at townofbolton.com>
Cc: massplanners at masscptc.org <massplanners at masscptc.org>
Subject: [EXTERNAL]Re: [Massplanners] Withdrawl with prejudice


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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  The application is being withdrawn, so the Board is neither approving nor denying the application.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







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