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Templeton zoning board upholds inspector finding that Car Works exceeded approved site plan at 280 State Road

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Summary

On Jan. 7 the Town of Templeton Zoning Board of Appeals unanimously upheld the building inspector's finding that Car Works at 280 State Road paved beyond its approved site plan; the business must comply with a Conservation Commission enforcement order and complete site repairs before receiving a final occupancy permit.

The Town of Templeton Zoning Board of Appeals voted unanimously Jan. 7 to uphold the building inspector’s determination that Car Works at 280 State Road paved more area than allowed by its Planning Board–approved site plan.

The decision affirms a building commissioner finding that the business exceeded the paving shown on its approved site plan and therefore remains out of compliance with a Conservation Commission enforcement order. The board’s vote means the owners must follow the enforcement order, complete the site restorations required by the approved plan and have their engineer certify conformance before a permanent occupancy certificate is issued.

The zoning board’s action came after owner representatives and town staff described steps already taken and the remaining work. “At the end of the day, we do realize that we paved too much,” Katie LaGrade, a representative for Car Works, told the board, adding that the company had removed some pavement and filed a new notice of intent with the Conservation Commission. “We have been actively working on that. . . . We have actually taken up some of that pavement,” she said.

The building commissioner outlined the basis of his determination to the board. “They appealed this, meaning that they disagreed with my determination of feeling that they were in compliance with their site plan. So that is what is before you,” he said, describing his review of the site and his judgment that the paving exceeded what the approved plans allowed.

Town staff and a conservation representative told the board the Conservation Commission’s enforcement order, issued at the end of August, bars further permits for the site until its conditions are satisfied. A conservation representative said the enforcement order’s wording prevents the commission from issuing additional permits for 280 State Road while the violation remains open and noted MassDEP had recommended not issuing a second permit until the original enforcement order is closed.

Board members asked about timing and seasonal constraints for required actions. LaGrade said frost and winter conditions had slowed planting and some stormwater work; she estimated she could remove pavement within weeks but could not commit to tree planting until ground conditions improved. The building commissioner indicated the board and staff could work with the property owners on a timetable for temporary occupancy while they complete the required work, and the owners said they would aim to complete the site by mid-April (with plantings likely later in the spring depending on planting season and ground thaw).

After discussion the board took a roll-call vote and upheld the building inspector’s determination. The board chair said staff will coordinate with the owners on a schedule for finishing the work required by the enforcement order and for returning with engineer certification that the as-built conditions match the approved site plan.

The zoning board closed the public hearing and agreed to follow up through staff with the property owners on deadlines, required plantings, as‑built certification and escrow or other assurances necessary for issuance of a permanent occupancy permit.

The meeting moved on after the hearing; separate agenda items on minutes and adjournment followed.