[Massplanners] Withdrawl with prejudice

[Daniel Fortier]

Withdraw without prejudice, they can refile the next day,  no problem.

Withdraw with prejudice affects property rights as they cannot return for
two years, thus having the same impact as a denial. Only had one with
prejudice, and the Board made appropriate findings on the issues that
distinguished it from a non-prejudicial withdrawal.

I advise caution, or simply putting it into the without prejudice basket.

Dan Fortier, AICP Retired Planner

On Thu, Dec 5, 2024, 3:11 PM Barbara Carboni <bcarboni at truro-ma.gov> wrote:

> 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 withdrawn, so the Board is neither approving nor denying the application.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> 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.
>
>
>
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>
>
>
>
> Pamela Harding, AICP
> Town Planner
>
> Town of Bolton
>
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