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Town prevailed in hearing over 45 School Street; owner given 60 days to secure barn

Hillsborough Board of Selectmen · July 24, 2024
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Summary

The town prevailed at a hearing concerning 45 School Street; the judge awarded attorney fees to the town, gave the owner 60 days to make the barn weather‑tight and secure, and set a next court date in September. The owner said bats prevent work; town staff say no building permit has been applied for.

The Hillsborough Board of Selectmen heard an update July 24 from Town Administrator Laura Buono on enforcement action involving 45 School Street and property owner John Penny.

Buono reported the town prevailed at the hearing and that attorney fees were awarded to the town. The judge stopped short of issuing a contempt finding but gave Mr. Penny 60 days to comply with the court’s direction to secure the barn so that it is weather‑tight and not in danger of falling over. The next court date is scheduled in September. Buono said Mr. Penny has claimed bats in the structure prevent him from doing the work; she also noted for the court record that if any work is underway the owner has not applied for the required building permit.

Buono said the town’s attorney will submit a request to reconsider the judge’s decision on awarding contempt, because town counsel believes the law entitles the town to that remedy. The minutes do not record further actions or a timeline beyond the September court date.