LYNDEBOROUGH – Larry Boisvert has until Sept. 13 to prepare to re-present his case for housing his business, Portable Privies, LLC, at Feel Good Farm on Johnson’s Corner Road.

Boisvert, through his attorney James Lombardi of Bedford, had requested a rehearing of an appeal from administrative decision held on May 22. At that meeting, the Zoning Board of Adjustment attached several conditions to the approval, but were later informed that conditions could not be attached to an administrative decision, only to a variance or special exception. Boisvert requested the re-hearing and the board agreed.

At the rehearing of the case on Tuesday, Aug. 7, the board first moved to deny a request for a continuance, and then to uphold the decision of then Building Inspector Ed Hunter to deny a permit for the business. Neither came to a vote. During a discussion which lasted over an hour, Lombardi argued that there was confusion about which version of the town’s ordnance applied, about the apparent “loss” of an application made to the Planning Board in 2016, and environmental concerns raised by abutters needed to be addressed.

Two abutters attended the hearing on Tuesday.

The town voted changes in the home business and home occupation definitions after the original application was filed.

The Board agreed the conditions had been attached illegally, and the board was back to considering only Hunter’s decision denying the permit..

Chairman Karen Grybko said the conditions were attached in order to move the case to the Planning Board which would then conduct a site plan review. An appearance at the Planning Board by September was one of the conditions.

Town Administrator Russ Boland, speaking for the town, said the changes were “not substantial” and the current wording applied, according to the town’s attorney.

Lombardi disagreed, saying Hunter had acted under the previous wording, and that should be used. “We disagreed with the conditions put on (by the ZBA) but we planned to go ahead with the Planning Board.”

They do not currently have a Planning Board appearance scheduled.

“We need to present the environmental information,” Lombardi said.

Member Lisa Post countered, “We have already heard your arguments.” She then moved to uphold the decision to deny the permit.

Grybko agreed. “Your (application) doesn’t meet the criteria for a home business.”

It was suggested that Boisvert apply for a variance, but Lombardi argued that “the variance procedure is much different than this, the conditions are much different.” He then again requested an extension in order to prepare a presentation, noting “that this will continue in litigation.”

Boland said the town had no objection to a 30-day continuance.

It was agreed that the town attorney would be consulted, and Sept. 13 was set for the re-hearing.

Boisvert opened his business in 1987 and has been at odds with neighbors and the town off and on since then, on a variety of issues including junk cars. In 2003, he was cited by the N.H. Department of Environmental services for improper disposal of chemicals. The court ruled in favor of the town and Boisvert moved his business to Milford. With the change in regulations concerning home business, he moved back to Lyndeborough. He operates Feel Good Farm which includes a paint ball course.