The Rochester Zoning Board of Appeals’ brief meeting on August 27 focused on whether the board should allow a petition to be withdrawn “without prejudice.”
The hearing on its agenda was an application for a special permit for an accessory dwelling unit larger than 900 square feet at 128 Dexter Lane, filed by Conservation Commission member Carl MacDermott and his wife, Joyce.
Board chair Donald Spirlet reported receiving an email from the MacDermotts requesting permission to withdraw the petition “without prejudice,” which means the applicant reserves the right to refile in the future.
Spirlet asked whether that meant the MacDermotts would eventually apply again for the same plan. He asked board administrator Andreia Lacerda whether the board should approve the withdrawal “with prejudice,” which would permanently bar a further application.
Lacerda said she has been told that the MacDermotts have decided against building a finished basement for their son, as he is purchasing a residence elsewhere. After this explanation, Spirlet did not consider his suggestion any further. The seven-member board unanimously accepted the request to withdraw without prejudice.
In other business, Larceda reported that no new zoning board petitions have been filed as of this date. There will be no regularly scheduled meeting on September 10.
Rochester Zoning Board of Appeals
By Michael J. DeCicco