The Gardner Zoning Board of Appeals on Nov. 18 approved transferring a previously granted special permit for a seven-unit multifamily property at 63 Walnut Street to new owners, who said they will follow all prior conditions.

John Gerstelauer, who identified himself as a new owner, told the board he and his partner purchased the property less than a month ago and intend to proceed with the plans that had been approved earlier. "We've attached the prior approval and reiterated the nine specific items requested," Gerstelauer said, adding the applicants will comply with the conditions.

The board’s chair reviewed the permit conditions the last approval required: signed or initialed construction plans and contracts (including endorsement by the building commissioner and contractor) and clearing existing debris and overgrown brush. The chair told the applicants the paperwork must be presented to the building commissioner before permits can be issued.

Neighbor Mary Tierney said she lives directly behind the property and described seeing bulldozers and active work at the site. "There's bulldozers back there moving dirt all over the place," Tierney said, and asked whether any permits had been issued and whether construction should be taking place before the signed plans were on file. Gerstelauer responded that neighbors had been working on the slope, removing trees and debris, and that they would follow up with the building commissioner if there were complaints.

Board members noted the earlier public hearings and approvals. A board member referenced the 2023 decision that originally approved the project and said the transfer places responsibility for completing the project on the new owner. The applicants confirmed they were not asking the board to reapprove the project but to accept the transfer of the existing special permit into their names.

Board Member (Speaker 2) moved to accept the transfer and that the new owners comply with the original conditions; the motion was seconded and approved by voice vote. The chair announced the vote unanimous.

The board reminded residents that enforcement questions and requests for documents should be directed to the building commissioner, who maintains the permit files and issues permits only after required endorsements are on file. The board did not set a new timeline for completion; the applicants must coordinate with the building commissioner to finalize permits and contract endorsements.