LYNDEBOROUGH – A appeal for a about-face to acquiesce a home business filed by Larry and Sharon Boisvert was adjourned by the Zoning Lath of Adjustment on Oct. 4, until the lath “can adjudge aloof what it is they appetite a about-face from,” and if the ZBA should be audition the case at all.
The audition will resume at 7 p.m. on Oct. 17 at Citizens’ Hall. In the meantime, lath associates will argue with the town’s attorney, re-read the chiral “Powers and Duties of the Zoning Lath of Adjustment,” and abstraction the packet provided by the Boisvert’s advocate James Lombardi. That packet was accustomed by the lath at the affair on Wednesday.
The Boisverts’ originally acknowledged a cardinal by again Architecture Inspector Ed Hunter who said their business, Portable Privies, did not accommodated the belief for a home business. The lath upheld that accommodation at their aftermost meeting.
It is the board’s altercation that this appeal for a about-face is a new case, “ground zero,” in the words of Chairman Karen Grybko, “a apple-pie slate.” They additionally said the case should aboriginal go the planning board.
Lombardi said, no, it has to advertence the aboriginal case back it was Hunter who denied the home business.
In accession to a change in architecture inspector/code administration officer, the town’s home business and home occupations authorization was afflicted by a vote of boondocks affair in March.
Lombardi maintains that the lath has to act beneath the 2017 regulations that Hunter used. The lath says they accept been brash they charge use the accepted regulations.
The case dates to April back Larry Boisvert contested Hunter’s decision. The ZBA afield absorbed altitude to their cardinal which resulted in a rehearing. At that hearing, the lath upheld Hunter’s decision.
Lombardi says they appetite a about-face from Hunter’s ruling, citation the three areas that he cited: the business would not be conducted central an absolute building, it is not a accepted use in a residential district, and there is addition business on the property.
The Boisvert property, accepted as Feel Good Farm and amid at 52-54 Johnson’s Corner Road, is additionally the armpit of an Air Soft/Paintball course.
Lombardi said the added business has no abode on the case.
The ZBA said that is a catechism for the Planning Board. They argued that they cannot apprehend a case unless it has been denied by addition agency, in this case, the Planning Board.
Grybko said the lath was able to abode the bristles belief for a variance.
Lombardi said they could do that, were able to do that, but they capital to abode the three credibility aloft by Hunter. He said all of the credibility were addressed in the packet.
Member Lisa Post said she had re-read the ZBA chiral and discussed the case “with an attorney.” That assertive her the case had to go aboriginal to the planning lath and fabricated the motion to postpone.
After some discussion, the blow of the lath agreed.
No aers abounding the hour-long hearing.
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