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Town of Princeton
ZONING BOARD OF APPEALS
April 16, 2015
Appeal of a Cease & Desist order submitted by Bradford and Nancy Hubbard, 163 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, April 16, 2015 at 7:00 p.m. to hear the petition of Bradford and Nancy Hubbard of 163 Houghton Road. The petitioners appealed a Cease & Desist Order, issued by the Zoning Enforcement Officer on February 18, 2015, regarding their sale of wood pellets.
Board members present were Chairman John Puricelli, Member Christopher Walton, and Alternate Member Larry Greene, Jr. The Chairman opened the hearing at 7:00 PM, explained the procedure, and read the public hearing notice.
The petitioners were represented by Attorney Adam C. Ponte. Attorney Ponte stated that petitioners operate an 80-acre farm, which their family has owned since the 1890’s. During the months from June through the end of September each year, the petitioners engage primarily in the cultivation, storage and sale of hay. Therefore, hay comprises the majority of the products for sale in the primary harvest season. During the period from October through the winter months, the petitioners have, since 2006, sold wood pellets and wood burning fuel. These products are mostly stored indoors and delivered to residential customers. In the spring months, the petitioners sell bark mulch, loan, gravel, stone and brick. In brief, Attorney Ponte asserted that, because hay comprises the
majority of products sold during the harvest season, the sale of wood pellets by the petitioners is a protected accessory use pursuant to G.L. c. 40A, sec. 3.
At 7:20 PM the Chairman closed the petitioners’ portion of the hearing to allow comment by members of the public. The Chairman noted that his board had received over 20 letters to date which, essentially, supported the petitioners. A number of citizens present stated that the petitioners should be allowed to sell wood pellets to keep their farm intact. Others mentioned that they value a local source of wood pellets. Several citizens noted their concerns about the large trucks which deliver wood pellets to the farm, particularly in regard to certain portions of Bullard and Houghton Roads.
At 7:55 PM the chairman closed the public comment portion of the hearing to begin deliberations. After discussion, the Board voted—all three members in favor—not to support the Cease & Desist of the Zoning Enforcement Officer dated February 18, 2015. In so doing, the Board concluded that, because the cultivation and sale of hay is the primary agricultural activity of the petitioners during the harvest season, the sale of wood pellets is a valid accessory use pursuant to G.L. c. 40A, sec. 3. The Board further determined that this conclusion is equitable given their 2004 decision that the sale of bark mulch, loam, gravel, stone and brick by the petitioners was consistent with the operation of a farm or nursery, pursuant to Section III, subsection 1(E) of the Zoning By-laws.
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.
Princeton Zoning Board of Appeals
Dated: ____________________________________
John Puricelli (as Chairman and Representative of the Zoning Board of Appeals)
A copy of this decision was filed with the Office of the Town Clerk on _________________(date)
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Town Clerk
The Town Clerk hereby certifies that twenty (20) days have elapsed after the decision was filed with the Office of the Town Clerk and no appeal has been filed as provided by Section 17 of the Massachusetts Zoning Act, Chapter 40A.
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Town Clerk
Marie Auger
Administrative Assistant
Planning Department
978-464-2100
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