Einstein's ordered again to stop
By Karen Mann

After visiting the site of Einstein's Incorporated, members of the Zoning Board of Appeals upheld the cease and desist order that was issued by Building Commissioner Richard Hanks.

Hanks issued the order in April, saying that David Langton, of 212 Fitchburg Road, was operating a commercial landscaping business in an area zoned residential.

Hanks also said there was a commercial compost pile on the property. The last violation Hanks noted was three buildings were constructed on the site without any building permits being obtained. Board members agreed that these violations were present during their site visit.

Langton submitted a conservation plan from the United States Department of Agriculture Soil Service in which he gave evidence showing he was running an agricultural business.

Langton's attorney, Francis DiLuna, had previously stated that the landscaping part of the business was ancillary to the agricultural portion. The board rejected the plan.

The cease and desist order requires Einstein's Inc. to stop operating from the site. Langton can appeal the decision, first in the county land court, and then, if he desires, on the superior court level.

According to the board's administrative assistant Karen Chapman, if Langton chooses to appeal, he can operate his business during the process.

ZBA members and selectmen contacted Town Administrator Gregory Barnes about their concern with a possible conflict of interest. Einstein's Inc. does landscaping work at Town Hall. Barnes said he was asked to put the issue on the agenda for the Board of Selectmen and he expects there will be a discussion about the issue quite soon.

In other business:

 The Ruggieru family withdrew their application for a permit that would allow them to open a dog daycare and grooming facility in their home. At the June 21 meeting, the board suggested the family speak to Hanks about applying for a home-business permit. He did not grant the permit. According to Chapman, the Ruggierus withdrew the application before the board had a chance to make a decision.