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Northampton Zoning Board accepts withdrawal of North Farms Road variance without prejudice
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Summary
The Northampton City Zoning Board of Appeals granted an applicant’s request to withdraw a variance petition for 0 North Farms Road without prejudice, letting the landowner pursue an alternative plan and preserving the right to reapply if that plan fails.
The Northampton City Zoning Board of Appeals voted to allow the withdrawal of a variance petition for 0 North Farms Road in Florence without prejudice, the board announced during a remote meeting on Jan. 16.
Chair David Bloomberg said the lone agenda item was a request from landowner Thomas Reedy to add a fourth parcel to a shared driveway. Nathan, a staff member, read an email from the applicant requesting withdrawal: "Please accept this email as a formal request to withdraw the variance petition… At this time, the landowner is going to pursue an alternative plan, which would eliminate the need for a variance. If unsuccessful, there is the potential that they are back," the email stated.
Board members discussed whether to accept the withdrawal with or without prejudice. Elizabeth Silver and others urged a liberal approach so the applicant could return if the alternative plan failed; Nathan cited Massachusetts General Laws, Chapter 40A, Section 16, noting the statute references a two-year period and that granting withdrawal with prejudice may carry a higher standard. Aaron Irvin said the repeated continuances had used substantial staff and board time but did not press for denial.
Public commenter Mr. Grief, who said he and his wife previously submitted a letter opposing the variance, told the board he would prefer withdrawal "with prejudice" so the proposal would not return. The board nonetheless moved forward with a procedural vote: Elizabeth Silver moved to close the public hearing; Aaron Irvin seconded. By roll call the hearing was closed. Silver then moved to grant the withdrawal without prejudice, a motion seconded by Sherry Taylor. A subsequent roll-call vote recorded three votes in favor and the board approved the withdrawal without prejudice.
The decision leaves the applicant free to pursue the alternative plan and to return to the board if that plan proves unsuccessful. The board discussed scheduling and pending matters for February, including a continued hearing for Mount Tom Road and new special-permit applications. The meeting was adjourned after a final roll-call vote.
The board identified the application record as LUD-25-16 and Mass. property identifier 002-003; the hearing had been continued multiple times, and the formal decision deadline had been extended to Feb. 12, 2026 by mutual agreement.
