LYNDEBOROUGH – On Nov. 8, the Zoning Board of Adjustment denied a variance for a porta-potty business requested by Laurent Boisvert II for his property, known as “Feel Good Farm,” on Johnson’s Corner Road.

Board members said they had concerns with a commercial/industrial business in a rural residential neighborhood, the business being incompatible with others in the area, health and safety factors, but mostly because they had been advised that a variance “travels with the land.” The property would forever be zoned to allow such a business. Board members said it would “set a bad precedent.”

Neither Boisvert nor his attorney, James Lombardi, commented after the hearing. They have 30 days to appeal the decision.

While a public meeting, Board Chairman Karen Grybko said, “We have listened to abutters over several meetings and feel we have enough information and will go right into deliberations.”

No further testimony was taken although several photographs were accepted. About 15 people attended the hour-long hearing at the Town offices.

The case has been on-going since Boisvert was denied a permit by then Building Inspector Ed Hunter in January. That denial was upheld by the board in May. Boisvert then applied for a variance from the town home business ordinance.

The hearing on Wednesday was continued from Oct. 17 to allow for a site visit, which was held on Nov. 5.

Several board members said that visit showed conditions that were not as Boisvert had described with units visible from the road, broken units and parts strewn around behind the buildings ,and no facility for washing and maintaining them.

Lisa Post said, “It is not a well-run business.”

The board considered each of the five criteria required for granting a variance.

They found the plan was contrary to the public interest because it would alter the character of the neighborhood and could affect health and safety of neighbors.

Rick Roy suggested that conditions could be placed on the operation, but others said they had advised them that they could not, just limit hours or operation. It was noted that the board had spent several hours in consultation with the town’s attorney.

The spirit of the ordnance was not being met, Post said, “Because there is no emergency plan in place and it could be a threat to downstream properties on Curtis Brook.”

Substantial justice would not be done if the variance was denied, they said, because he has an office in the home and can operate the business off site, as he did for several years. Several members noted Boisvert has a “history of non-compliance with ordinances.”

They did not have information enough, they said, to determine if the business would decrease property values. The property contains over 200 acres and “could be hidden from sight.”

Several commented that Boisvert’s business “has never been legal.”

The board found no hardship in a denial. The property is large enough to support other types of business, as it already does with a paintball course and various agricultural activities. The porta-potty business is not the only use available.

Post said the ordinance was designed to “to protect health and safety, and to promote preservation of the rural character of the neighborhood.”

Grybko said, “It just doesn’t fit into the neighborhood.”

Post added, telling Boisvert, “I believe we tried very hard to find a way to make this work, but it really is a commercial/industrial business that could have a significant negative impact on the neighborhood.”