Lunenburg Zoning Board Denies Continuance, Upholds Decision on Contested Shed
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Meeting Type:
Zoning Board
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Meeting Date:
10/23/2024
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Recording Published:
10/23/2024
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Duration:
24 Minutes
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State:
Massachusetts
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County:
Worcester County
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Towns:
Lunenburg
- Meeting Overview:
In a recent meeting, the Lunenburg Zoning Board denied a request to continue a hearing about a shed allegedly violating zoning bylaws, upholding the Building Commissioner’s decision on the matter. The decision effectively concluded a contentious appeal process that had been ongoing since July, with the board unanimously agreeing not to allow further delays or appeals regarding the shed on All the Way.
The meeting centered around a contentious appeal by the owner of a shed located on All the Way, which was found in violation of Lunenburg bylaws. Initially, the owner requested a continuance of the hearing scheduled for October 23, seeking an extension to November 27 to relocate the shed. However, the board expressed skepticism about this request due to the potential for further delays and the upcoming Thanksgiving holiday. Concerns were raised about the practicality and necessity of extending the hearing, with some board members suggesting that the issue should be resolved without additional postponements.
One of the central figures in the discussion was the Building Commissioner, who emphasized the importance of addressing the violation promptly. The Commissioner pointed out that a violation notice had been issued in July, and the matter had already been subject to a last-minute appeal. He argued against granting a continuance, stating, “We sent the violation notice on July 24th… if they withdraw without prejudice, they’re just going to come back and do it again.” This sentiment was echoed by several board members, who agreed that upholding the original findings was necessary to avoid further complications.
The applicant’s representative appeared to lean towards withdrawing the appeal without prejudice, acknowledging plans to move the shed, yet not officially contesting the Building Commissioner’s determination at the moment. However, the board highlighted that such a withdrawal could leave the shed’s violation unresolved, complicating the legal standing of the structure. The representative confirmed plans to move the shed, but confusion persisted regarding the implications of a withdrawal without prejudice.
Public comment added an emotional layer to the proceedings, as local resident George Burton expressed his frustration with the ongoing situation. Burton described the process as emotionally taxing and labeled it as “mentally abusive,” citing significant legal fees incurred in previous property disputes. He criticized the board for what he saw as an unjust process that had placed a financial burden on his family. Burton argued for retroactive fines from July, emphasizing the perceived unfairness and ethical concerns surrounding the board’s handling of the matter.
Despite the public’s concerns, the board decided to proceed with a vote. A motion was made to deny the continuance of the public hearing, which was unanimously approved. Subsequently, a motion to uphold the Building Commissioner’s decision regarding the shed violation was also passed unanimously. These decisions concluded the hearing without further delays.
The resolution to uphold the Building Commissioner’s findings ensured that the shed’s violation status would be addressed without additional hearings.
Heather R. Lemieux
Zoning Board Officials:
Alfred J. Gravelle, James Besarkarski, David Blatt, Patrick J. Callahan, Hans Wentrup, Steve DuBois, Donald Gurney, Anthony Nicastro, Brian Gingras (Zoning Enforcement Officer), Lisa Normandin (Administrative Assistant)
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Meeting Type:
Zoning Board
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Committee:
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Meeting Date:
10/23/2024
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Recording Published:
10/23/2024
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Duration:
24 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Worcester County
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Towns:
Lunenburg
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