The Gardner Zoning Board of Appeals voted Sept. 16 to deny applications from a prospective buyer seeking permission to convert 63 Walnut Street into residential units after the property owner revoked the buyer's authorization to act on the owner's behalf. The board also clarified that the existing special permit held by the owner remains in effect.

The board considered two related cases: a continued special-permit filing tied to an earlier application and a separate special-permit application from a potential buyer seeking to convert a vacant office building at 63 Walnut Street into seven condominium units. Raymond Lafond, chair of the Gardner Zoning Board of Appeals, read an email from the property owner, identifying himself as the managing member of Herbrink LLC, saying, "I have revoked mister Steven Negueres and it says former potential buyer authorization to apply for special permit to the above property. In consequence, please consider this request for hearing cancellation." Lafond summarized the owner's point: "he definitely does not want this to go forward. They have not come to agreement on selling price, etcetera."

Board members discussed whether the buyer's filing remained valid after the owner's revocation and whether lack of representation at the hearing justified denial. A motion to deny one application for lack of appearance was introduced, then withdrawn after members reviewed the owner's letter. The board ultimately approved a motion that "both of the applications from [the outside applicant] be denied for lack of standing." The motion passed by voice vote. The board noted that the underlying special permit held by the owner remains effective because the owner has performed substantial work on the property.

Board members also asked about procedural consequences for the prospective buyer if the board denied the application. A member asked whether a denial would require the buyer to wait two years before reapplying; the board confirmed that a two-year waiting period would apply in that scenario.

The ZBA's action resolves a months-long set of filings and a dispute between the owner, identified in the record as the managing member of Herbrink LLC, and a prospective buyer who had applied in his own name. The board did not cite any city or state statute during its discussion; its decision was procedural and based on standing and representation issues raised in submitted correspondence and at the hearing.

The board did not take up any substantive changes to the owner's existing special permit for 63 Walnut Street, and members emphasized that a transfer of an active special permit was not before them in the same form at this meeting.