However, the email chain, sent on the same day the ConCom was forwarded the formal request to yank the permitting application “without prejudice”, includes assurances from MBTA reps that they are now focusing on alternate locations. When applied to applications for variances or special permits, the term “without prejudice” is technically a legal distinction that enables applicants to refile petitions at any time. By contrast, any such proposals withdrawn “with prejudice” are treated akin to a denial and cannot be reconsidered for a two-year waiting period.
“After many internal conversations and in light of feedback from the community, we have come to the decision to not pursue the turnback track at the location we’ve discussed over the last several months.
We are actively discussing and vetting alternative locations for the turn, but a location has not been determined at this time,” MBTA director of government affairs Cameron Doherty wrote in an email to town officials, local residents, and members of the private Reading Turnback Committee advocacy group.
[...]
Though ecstatic the proposal has been scrapped, Prato is urging Doherty and other MBTA officials to also immediately rule out the possibility of pushing the turnback track location to the Wilmington line.
“We strongly urge the MBTA to include Reading officials and some residents in this selection process. If fear if you don’t, you are likely to get similar pushback,” said the Reading Turnback Committee member. “FYI - Our third refined alternative of pushing the turnback track north to the border of Reading and Wilmington will only worsen the community’s concerns regarding safety and gridlock due to increased gate closures.”
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