Zoning board continues appeal over 401 Dunsville Road after applicant seeks month to negotiate with building inspector

TYNGSBOROUGH, Mass. — The Tyngsborough Zoning Board of Appeals on June 11 voted to continue an administrative appeal over 401 Dunsville Road to July 9, 2026, after the property owner’s attorney said he wants time to meet with the building inspector and try to bring the site into uses allowed by the town bylaw.

“For the record, my name’s Attorney Peter Nicosi on behalf of the applicants,” Nicosi told the board, arguing that many items now on the site could be categorized under bylaw-allowed uses such as retail sales or general services. He asked the board to postpone a ruling so he and his clients could meet with the building inspector and negotiate a path forward, and offered to file a written stipulation to extend the 100-day statutory review period if further continuances proved necessary.

The request followed a cease-and-desist notice the building official issued, which the town argued reflected an impermissible construction yard on the B-3–zoned parcel. Board members examined photographs in the application packet and said some images appeared consistent with a contractor’s yard; at least one member expressly affirmed Building Inspector Paul Wilkin’s decision.

Town counsel reminded the board that administrative appeals are governed by a 100-day statutory clock, counting from the application’s stamped submission date of May 13. The counsel told members the board may encourage applicants to negotiate with the building official but also should flag the potential need for a written extension to avoid “constructive approval” if the statutory period elapses without resolution.

The applicant outlined planned changes at the site, including fencing, retail materials for direct sale and a cleaner site layout, and said the long-term goal is to move away from staging off-site contractor projects. Nicosi said some future uses would require planning-board special permits (for example, a lumber yard or building-trade shop), while others could be permitted as-of-right in the B-3 district; he said he would consult the building inspector about which path to pursue.

The board voted to continue the hearing to July 9, 2026. No roll-call tally was provided in the record; members indicated the motion carried on a second and a voice vote of “all in favor.”

The hearing also included discussion of a 2017 conservation enforcement matter that parties said had been resolved; counsel and the applicant agreed to follow up with the conservation agent about remaining buffer-zone concerns related to stored concrete forms.

At the same meeting the board approved minutes from its May 14, 2026 meeting and confirmed its chair and vice chair for the coming term.

What happens next: The applicant is expected to meet with the building inspector before the July 9 session and may seek planning-board permits if needed. If the parties cannot resolve the issues locally and the board rules against the applicant, the owner would have appellate options in court; enforcement would generally require a separate court order to be stayed once litigation begins.

— By reporting from the Tyngsborough Zoning Board of Appeals meeting on June 11, 2026.