Ashby Zoning Board reaffirms decision against composting company
Jeremy Ethier, owner of 147 Log Cabin Rd., speaks about his fathers property during Thursday’s ZBA meeting.
ASHBY — The Zoning Board of Appeals upheld a town decision on
Thursday, stating that the property owner of 147 Log Cabin Road, Jeremy
Ethier, was in violation of the zoning code by running a commercial
business out of a residential and agricultural district.
The main point of contention during the meeting was whether Ethier was running a commercial business on the property, or if he has a legitimate farming operation.
While Ethier maintains that the property is primarily a farm and composting site, several residents said they believe he is running a commercial composting and dumping operation.
It has been alleged by residents that Ethier is illegally dumping concrete, trash, compost, and snow — allegations that he denies outright.
The board decided there wasn’t enough evidence to suggest the property was a farm under Ashby zoning regulations, and voted 4-0 to uphold the town’s cease and desist order.
“I don’t think it’s consistent with what Ashby zoning defines as agricultural,” said ZBA member Garry Baer. “I’ve heard a lot of heat, a lot of anger on both sides. But I haven’t seen anything that would force me to overturn the (cease and desist).”
Ethier said he was disappointed with the ruling, adding that he intends to appeal the decision in court.
“Everything that’s being done up there is being used to promote the use of the farm,” said Ethier.
“We’re not running a commercial business. It’s not different than any other farm in town.”
The appeal to the ZBA originated from a cease and desist order issued by Building Commissioner Peter Niall.
At last week’s meeting, Niall said nothing looked out of the ordinary when he visited the property a few weeks ago.
“I received a complaint that there were trucks full of different debris being brought up and dumped at the site,” said Niall. “I went up one time. There was brush, leaves, and things like that which had just been dumped. There was nothing at that time that looked funny to me.”
Niall issued the order after later being shown evidence that suggested there could be some materials being dumped at the site that aren’t consistent with a composting operation, concrete being one of them.
Ethier said Magic Meadows Farm has been recognized as a farm by the town since 1974, when his father Robert Ethier started out with just pigs and cattle.
In 2010, Robert Ethier sustained a major injury on the farm that landed him in a wheelchair, and his son was then asked to take over the property.
The farm’s primary focus now is the cultivation of pears, peaches, nuts, and exotic trees, Ethier said.
“My father was not able to take care of the animals on the farm, so he wanted to switch over to mostly growing trees and crops,” said Ethier.
Ethier said it’s important to have the right kind of soil to cultivate anything, and that’s why composting has become a major focus.
“The compost that’s coming in we’re not selling. It’s coming into the farm to be used and spread on the fields,” said Ethier. “If we were a commercial based business we’d be selling the compost like
The main point of contention during the meeting was whether Ethier was running a commercial business on the property, or if he has a legitimate farming operation.
While Ethier maintains that the property is primarily a farm and composting site, several residents said they believe he is running a commercial composting and dumping operation.
It has been alleged by residents that Ethier is illegally dumping concrete, trash, compost, and snow — allegations that he denies outright.
The board decided there wasn’t enough evidence to suggest the property was a farm under Ashby zoning regulations, and voted 4-0 to uphold the town’s cease and desist order.
“I don’t think it’s consistent with what Ashby zoning defines as agricultural,” said ZBA member Garry Baer. “I’ve heard a lot of heat, a lot of anger on both sides. But I haven’t seen anything that would force me to overturn the (cease and desist).”
Ethier said he was disappointed with the ruling, adding that he intends to appeal the decision in court.
“Everything that’s being done up there is being used to promote the use of the farm,” said Ethier.
“We’re not running a commercial business. It’s not different than any other farm in town.”
The appeal to the ZBA originated from a cease and desist order issued by Building Commissioner Peter Niall.
At last week’s meeting, Niall said nothing looked out of the ordinary when he visited the property a few weeks ago.
“I received a complaint that there were trucks full of different debris being brought up and dumped at the site,” said Niall. “I went up one time. There was brush, leaves, and things like that which had just been dumped. There was nothing at that time that looked funny to me.”
Niall issued the order after later being shown evidence that suggested there could be some materials being dumped at the site that aren’t consistent with a composting operation, concrete being one of them.
Ethier said Magic Meadows Farm has been recognized as a farm by the town since 1974, when his father Robert Ethier started out with just pigs and cattle.
In 2010, Robert Ethier sustained a major injury on the farm that landed him in a wheelchair, and his son was then asked to take over the property.
The farm’s primary focus now is the cultivation of pears, peaches, nuts, and exotic trees, Ethier said.
“My father was not able to take care of the animals on the farm, so he wanted to switch over to mostly growing trees and crops,” said Ethier.
Ethier said it’s important to have the right kind of soil to cultivate anything, and that’s why composting has become a major focus.
“The compost that’s coming in we’re not selling. It’s coming into the farm to be used and spread on the fields,” said Ethier. “If we were a commercial based business we’d be selling the compost like
other composting facilities do.”
The composting operation is permitted through the state Department of Environment Protection because a majority of the compost isn’t produced on the property, he said.
“I’m in complete compliance with (DEP), otherwise I would have a cease and desist from them,” he said.
Ethier said he’s also in compliance with all local regulations, specifically those which restrict the amount of material he’s allowed to dump. He said he’s allowed about 105 tons of compost per week, a number he said he doesn’t exceed.
Residents disagree, saying the amount of truck traffic points to a much higher total.
“We’re seeing a trucking pattern very consistent with a commercial trucking operation,” said Baer.
“Agriculture is fairly non-intrusive to a neighborhood, and the testimony we saw was loud and continual trucking volumes.”
However, Ethier asserted that the state makes exemptions for utilities and private roadways, and most of the trucks are carrying material for those exemptions.
For example, several residents believe that Ethier is illegally dumping rocks and concrete on the property. He says those loads are completely legal because he uses the material to repair the private road and to construct compost pads.
“A concrete base, crushed concrete is what you use to build the base of the pad,” he said.
According to a member of the Board of Health, Chairman Rick Metcalf told him that there was no evidence that the load limit had been exceeded by Ethier on the property.
Residents also said Ethier was seen illegally dumping snow on his property after recent snowstorms.
“Snow can contain road salts, chemicals, and other debris/garbage from the parking lot,” said resident Harold Chattaway at last week’s meeting. “Now those chemicals can leach into the soil and potentially harm water supplies.”
Todd Melanson, a member of the Townsend Board of Water Commissioners, said he was particularly concerned the snow dumping and the property potentially impacting surrounding water sources.
He said removing snow from one district to another is illegal and dangerous.
Melanson said uncertified loads could contain polyfluoroalkyl substances, a group of man-made chemicals that don’t break down easily and can lead to adverse health effects. These chemicals are found in anything from microwave popcorn to dental floss, he said.
Ethier argued that he personally inspects most of the snow he’s asked to remove, and any trash will be removed when it is brought to the Log Cabin Road site.
One resident said people from the operation at 147 Log Cabin Road chopped down trees on her property and removed several large stones in order to make more room on the road for trucks to pass.
Nancy Richards said there was originally a 20-foot wide way of passage across the road, but crews extended that distance to as much as 40 feet by cutting trees.
“I had no problems with the road before this started,” she said. “Now the trees are disappearing and the road is getting wider, so it’s not a matter of just noise for me. They’re destroying my property.”
Ethier denied the allegation, saying that the road has not been widened by him or any of his employees.
Though it wasn’t a point of topic during the meeting, most residents said they took issue with what they termed a convoy of trucks heading toward Ethier’s property.
Many allege that there are large dump trucks — including 18-wheel trucks — driving up and down the narrow roads near the property at all times of the day. They say the trucks are a threat to public safety and a nuisance since they emit a significant amount of sound.
“I understand the people aren’t happy about the trucks, but the fact of the matter is you need trucks to deliver compost to the farm,” said Ethier. “This is no different than the three logging operations in town.”
The composting operation is permitted through the state Department of Environment Protection because a majority of the compost isn’t produced on the property, he said.
“I’m in complete compliance with (DEP), otherwise I would have a cease and desist from them,” he said.
Ethier said he’s also in compliance with all local regulations, specifically those which restrict the amount of material he’s allowed to dump. He said he’s allowed about 105 tons of compost per week, a number he said he doesn’t exceed.
Residents disagree, saying the amount of truck traffic points to a much higher total.
“We’re seeing a trucking pattern very consistent with a commercial trucking operation,” said Baer.
“Agriculture is fairly non-intrusive to a neighborhood, and the testimony we saw was loud and continual trucking volumes.”
However, Ethier asserted that the state makes exemptions for utilities and private roadways, and most of the trucks are carrying material for those exemptions.
For example, several residents believe that Ethier is illegally dumping rocks and concrete on the property. He says those loads are completely legal because he uses the material to repair the private road and to construct compost pads.
“A concrete base, crushed concrete is what you use to build the base of the pad,” he said.
According to a member of the Board of Health, Chairman Rick Metcalf told him that there was no evidence that the load limit had been exceeded by Ethier on the property.
Residents also said Ethier was seen illegally dumping snow on his property after recent snowstorms.
“Snow can contain road salts, chemicals, and other debris/garbage from the parking lot,” said resident Harold Chattaway at last week’s meeting. “Now those chemicals can leach into the soil and potentially harm water supplies.”
Todd Melanson, a member of the Townsend Board of Water Commissioners, said he was particularly concerned the snow dumping and the property potentially impacting surrounding water sources.
He said removing snow from one district to another is illegal and dangerous.
Melanson said uncertified loads could contain polyfluoroalkyl substances, a group of man-made chemicals that don’t break down easily and can lead to adverse health effects. These chemicals are found in anything from microwave popcorn to dental floss, he said.
Ethier argued that he personally inspects most of the snow he’s asked to remove, and any trash will be removed when it is brought to the Log Cabin Road site.
One resident said people from the operation at 147 Log Cabin Road chopped down trees on her property and removed several large stones in order to make more room on the road for trucks to pass.
Nancy Richards said there was originally a 20-foot wide way of passage across the road, but crews extended that distance to as much as 40 feet by cutting trees.
“I had no problems with the road before this started,” she said. “Now the trees are disappearing and the road is getting wider, so it’s not a matter of just noise for me. They’re destroying my property.”
Ethier denied the allegation, saying that the road has not been widened by him or any of his employees.
Though it wasn’t a point of topic during the meeting, most residents said they took issue with what they termed a convoy of trucks heading toward Ethier’s property.
Many allege that there are large dump trucks — including 18-wheel trucks — driving up and down the narrow roads near the property at all times of the day. They say the trucks are a threat to public safety and a nuisance since they emit a significant amount of sound.
“I understand the people aren’t happy about the trucks, but the fact of the matter is you need trucks to deliver compost to the farm,” said Ethier. “This is no different than the three logging operations in town.”
No comments:
Post a Comment