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Appeal of 10 High Street project withdrawn and dismissed with prejudice
Summary
Appellants sent letters stating they had reached agreement with the developer concerning the boundary between 10 High Street and adjacent property; the ZBA accepted withdrawal intent and voted to dismiss the appeal with prejudice for want of prosecution.
The Lynn Zoning Board of Appeals dismissed an appeal related to 10 High Street after counsel and appellants filed correspondence indicating the parties had resolved a boundary dispute.
The board read the case (Case 10146) and acknowledged letters from Chris Leman declaring that Groma, Mosaic and PNTLSN had reached agreement with the developer and intended to withdraw their appeal of the site plan review committee’s conditional approval. Mr. Leman appeared and said he had sent the email and would supply any follow‑up documentation.
City Attorney John Slattery asked the appellant to state whether the withdrawal would be "with prejudice." Mr. Slattery told the board he would "be comfortable if Mr. Leman ... represent to the board that you're withdrawing your file with prejudice." Mr. Leman said he had submitted an email representing an intent to withdraw but was not ready at the meeting to confirm withdrawal with prejudice; he agreed to submit a signed letter reflecting the intent.
Given the representation that the appeal was not being prosecuted and the written correspondence, the board moved to dismiss the appeal with prejudice for want of prosecution and recorded an affirmative vote.
