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Town of Stockbridge
Town Hall
 Main Street, Stockbridge, MA 01262

Stockbridge Zoning Board of Appeals Meeting

September 22, 2005

Zoning Board Members Present: Pat Flinn, James Murray, Tom Schuler, William Selke, John Spencer, and Linda Day
Absent: David Adler

Chairperson James Murray opened the meeting at 7:00P.M.
The Zoning Board of Appeals scheduled this hearing for Marc and Monica Fadding of 4 Willow Street who are requesting an appeal of the Building Inspector's Notice of Violation which indicates that the Faddings are in violation of the Zoning By-laws of the Town of Stockbridge, section 4.11, which regulates activity in a residential zone. The property is in the R-C zone.

Building inspector Ned Baldwin was unable to attend the hearing.

Jack E. Houghton, attorney representing the Faddings, spoke regarding the property use. The property has been used for farming and horticultural  for over fifty years. The Faddings own a commercial landscaping business, Marconica, Inc. Horticultural Services, and in that capacity use the property for storage of equipment, supplies and business vehicles as well as plantings, some of the latter being experimental. No plants are sold on the premises nor are clients met there. The property is not used for a retail operation.

Of the 18 acres, three acres house the Fadding home, newly constructed barn and shed. The property borders that of Joan Embree and is separated from it by shrubs, trees and 6-10 foot stockade fencing.

Attorney Houghton stated that there is no violation of the zoning by-laws, as the use is legitimate under Section 6.19.5 Type III Accessory Use provisions:

Type III
Those involved in trades, including carpenters, electricians, plumbers and painters, may use their premises for incidental work in connection with an off-premises occupation provided that:
	No manufacturing or business requiring substantially continuous employment may be carried on;
	Storage of materials, commercial vehicles or equipment shall be within the principal or an accessory building on the rear portion of the lot and properly screened from view from the street and adjoining properties.
The ZBA members questioned the attorney and the Faddings. Business vehicles are left outdoors. Brush from landscaping work is occasionally returned to the property to be burned. Pots and soil are currently stored outdoors and equipment/tools are in the open shed. The Faddings have a snow plowing business in the winter. Equipment from this business is stored in the shed and outdoors. They do receive business deliveries. Although business vehicles and their private vehicle are stored on the premises, the employees have recently parked their cars elsewhere and walk up the street to the Fadding property.

Letters from the following neighbors were read:
Sarah B. Kinder
P.O. Box 2
Glendale, MA 01229

Patricia and Russell Fadding
2 Willow Street
Glendale, MA 01229

Frances Schneyer
1 Willow Street
Glendale, MA 01229

Peter and Lisa Schneyer
1 Mohawk Lake Road
Glendale, MA 01229

Helen Hawkins, also a neighbor, spoke noting, as the others did, that she was not disturbed by any business operations on the property.

Attorney Kenneth Shern, representing Joan Embree, stated that he and his client felt the decision of the building inspector was correct. The business operation has increased since year 2000 and does not comply with the zoning by-laws. The Fadding driveway is located very close to the Embree home and truck deliveries/traffic are regular. There is noise generating from the business especially as trucks, parked near her border, are loaded and unloaded each day. Pots, mulch and plantings as well as equipment, supplies and vehicles can be seen from the Embree home and the guesthouse over her garage despite the stockade fencing.

The Zoning Board of Appeals voted unanimously to conduct a sight visit at 1:00 P.M. on September 23, 2005. Motion made by William Selke and seconded by John Spencer. Motion carried.

The Zoning Board of Appeals voted unanimously to continue the hearing to Thursday, September 29, 2005. Motion made by William Selke and seconded by John Spencer. Motion carried.