Zoning Board of Adjustment denies Boisvert appeal

LYNDEBOROUGH – The Zoning Board of Adjustment has denied an appeal from administrative decision presented by Larry Boisvert, Portable Privies LLC, and voted to uphold a decision by then Building Inspector Ed Hunter denying a permit to operate the business at his home on Johnson’s Corner Road.

One resident attended the hour-long hearing on Thursday, Sept. 13.

Boisvert can now continue his quest for a permit before the Planning Board or apply for a variance.

Hunter denied the business request on March 22. A hearing was held by the ZBA on May 22, reheard on Aug. 7 and continued to September at the request of Attorney James Lombardi. Hunter is no longer the town’s building inspector-code enforcement officer.

Board Chairman Karen Grybko said the hearing was only on the administrative decision, they could only vote yes or no. Lombardi was asked to limit his remarks to ten minutes, which he did not do, stating that he needed to address each of the three objections raised by Hunter and present new evidence.

Hunter denied the permit because the operation would not be wholly within the residence as required by the ordnance, the business was not a “customary” use in a residential area, or “incidental” to the residence, and only one business can be operated from a home.

Lombardi argued that Hunter was using regulations in effect in 2017, which were later amended.

Grybko said they had to operate under the rules adopted in 2018.

Lombardi presented what he said were letter of support from two abutters, information on the sanitizer used, copies of both the 2017 and 2018 versions of the ordnance, and a new map of the area, but none were read, just placed on file. Chairman Karen Grybko said they were not pertinent the question at hand.

Board Member Lisa Post said they had “heard all of that before and needed something new.”

Town Administrator Russ Boland spoke on behalf of the town, asking the board to deny the permit. He said having outside storage was a violation of the ordnance, “it is clearly not incidental to the residence,” and having a second business on site could be a conflict of interest with the current business, a paint ball course.

Following the vote to uphold Hunter’s decision, Grybko said Boisvert has a hearing for a variance scheduled for Oct. 4 and asked if he wished to go that route or instead apply directly to the Planning Board for a home business.

“In either case,” she said, “a site plan review will be required.”

Lombardi said they would consider the options.

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