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Applicant withdraws variance request for 41 Independence Drive; abutters say notice came too late
Summary
The petitioner for a variance at 41 Independence Drive asked to withdraw without prejudice; the board granted the request 4–1 after abutters said the late notice was unfair. Submitted photos will remain part of the record.
The Woburn Zoning Board of Appeals granted a petitioner’s request to withdraw a variance application for 41 Independence Drive without prejudice.
Chair told the audience the petitioner had asked to withdraw the variance and that a memo from "Attorney Salvatore" requesting a leave of withdrawal without prejudice had been circulated to board members. Mark Lynch, who identified himself as a direct abutter at 39 Independence Drive, asked whether the photos he submitted would remain part of the file; the board confirmed they will remain on record for any future application.
Several neighbors and Member (Speaker 8) objected to the timing of the withdrawal notice and described it as unfair because people came to the hearing. Member (Speaker 4) moved to allow the withdrawal without prejudice; Member (Speaker 5) seconded. The motion passed 4–1, with Speaker 8 recorded as opposed.
Attorney Salvatore told the board he had been in weekly contact with Mr. Lynch and that he forwarded the withdrawal notice when it arrived; he said he did not advise neighbors not to attend. The board did not take further action on the property; because the withdrawal was granted without prejudice, the petitioner is free to refile at a later date.
