LIVERMORE FALLS — The Board of Appeals decided Thursday to send an approved site-plan review for a pet crematory, Journey’s End, back to the Planning Board for a second review.
In appealing the Planning Board’s decision, Tarek and Heather Nadeau said the application submitted by Michelle Pomeroy and Matthew Perkins of 18 Brookside Ave. failed to follow the procedure detailed in the ordinance.
Some abutters did not receive a notice of the public hearing on the application, while others received notices through regular mail rather than certified mail as outlined in the ordinance.
During the public hearing this past May, Nadeau told the Planning Board that the ordinance was not followed. During that hearing, Code Enforcement Officer James Butler Jr. said he followed past practice but also said the letters should have been sent by certified mail.
He told the board they could continue with the hearing and review of the application with a note added that there was an error in the process. Butler also said Nadeau could file an appeal about the process with the Board of Appeals.
Nearly a dozen residents from the Brookside neighborhood attended the Appeals Board hearing Thursday to voice their concerns, including emissions, unpleasant odors and lower property values.
Appeals Board member Patty Henges questioned the need to send the issue back for a second review.
Nathan Roix, a neighbor to the property, said he did not receive a letter and only knew about it when Nadeau approached him to sign a petition a day before the hearing.
Roix said he could have had time to research and prepare a better presentation if he had more notice.
Butler said he thought the Planning Board made the decision because the town does not have zoning.
“There’s nothing on the books to protect people. I see zoning as protection,” he said.
He also told residents that they could seek an emergency ordinance from the Board of Selectmen as has been done in the past to stop other businesses from starting.
abryant@sunjournal.com
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