 |
ZONING BOARD OF APPEALS
August 28, 2014
Petition for a USE VARIANCE submitted by Brad & Nancy Hubbard, 154 Houghton Road
Minutes and Decision
The Princeton Zoning Board of Appeals held a public hearing at the Town Hall Annex, 4 Town Hall Drive on Thursday, August 28, 2014 at 7:00 p.m. on the petition of Bradford & Nancy Hubbard for a USE VARIANCE as allowed by Zoning Bylaw Section VIII, 2., (E) to allow the retail sale of items Property is located at 154 Houghton Road, Assessors Map #13, Lot 32 in a Residential-Agricultural zoning district.
Board members present were Chairman John Puricelli, Christopher Walton and alternate Larry Greene, Jr., replacing Henry Beth who recused himself. The Chairman opened the hearing at 7:00 PM and explained the procedure and read the public hearing notice in summary.
The Petitioner was represented by Atty. Wayne Leblanc who came forward to give an overview of the Hubbard’s 56-acre former dairy farm and sawmill, its history and current operations. He cited 86 tractor-trailer deliveries per year incoming, and that 90 percent of inventory is delivered directly to residential customers, adding that this represents less traffic than what a dairy farm generates. Wood-fuel pellets, with the farm turning 500 to 1000 tons annually, are stored indoors. Mr. Walton asked for an explanation of a “compelling hardship” and Mr. Leblanc reiterated the “Finding of Facts” that had been submitted and said the hardship was inherent in the evolution of a business and the need for diversification. Nancy Hubbard explained that many of the retail items on the list are
prospects for the future.
At 7:40 PM the Chairman closed the Petitioner’s portion of the hearing to allow testimony by members of the public. The chairman read letters submitted by the Fire Dept. and Highway Dept. Letters were also submitted by the Building Inspector. Two letters of support were submitted by residents of Whitaker Lane and Gregory Hill Road, while two letters from Bullard Road residents asked for a denial based on truck traffic.
About 40 residents were present and about 13 of them spoke in favor of the petition. Many cited no issues over truck traffic and some noted a preference at the site for current retail operations as opposed to residential development. About eight spoke in opposition to a variance, mostly citing truck traffic as a problem on Bullard and Houghton roads.
At 8:25 PM the chairman closed the public input portion of the hearing and the Board voted all in favor to begin deliberations. Noting case law, Mr. Walton said he has not seen the undue hardship demonstrated which would qualify approval of a use variance. Mr. Greene said he believed the applicant had demonstrated financial hardship. Mr. Puricelli noted that the ZBA decision from 2004 may have been generous. That decision overturned a ‘cease & desist’ that the zoning enforcement officer had ordered based on sale of retail items at Hubbard Farm. He agreed with Mr. Walton about lack of demonstrated hardship.
After deliberation, Chairman Puricelli asked for a vote.
Mr. Puricelli voted to deny the variance; Mr. Walton voted to deny the variance and Mr. Greene voted to allow the variance. As a three-member board needs a unanimous vote to allow a variance, the request was denied.
At 8:35 PM The board voted all in favor to adjourn.
The Board makes the following findings of fact and law:
- The property at 154 Houghton Road is located in a residential/agricultural zone.
- The ZBA decision from August 12, 2004 concluded that “storage and sale of bark mulch, loam, gravel, stone and brick must be consistent with the operation of a farm or nursery providing such materials are primarily for residential customers” and that those operations at that time were allowed by zoning under Sect. III 1. (E).
- The petitioner seeks to expand the list of products for retail sale at the site, which are not allowed in the Residential-Agricultural District, to include the following: wood, pellet and gas stoves and boilers including parts; pellet, gas and charcoal grills; patio furniture and accessories; related home décor; bagged solid fuels; wood-fuel blocks; landscape/gardening equipment; solar panels & accessories; small engine sales and repair.
- The petitioners presented no relevant evidence that a literal enforcement of the Zoning By-Laws would involve substantial hardship, financial or otherwise.
Appeals, if any, should be made pursuant to Section 17, of the Massachusetts Zoning Act, Chapter 40A and shall be filed within twenty (20) days after the date of the filing of this decision with the Town Clerk.
Marie Auger
Administrative Assistant
Planning Department
978-464-2100
| |
