Board of Appeals again addresses variance for tractor trailer

SOUTHWICK – The Zoning Board of Appeals held a continued public hearing on Monday night for an issue of a parked tractor trailer truck at 2 Klaus Anderson Rd.

The issue involves a tractor trailer that’s parked on part of the 65-acre property for Blossoming Acres farm. The concern for the Board of Appeals is that the truck is owned by an employee of Blossoming Acres, but the board is unsure if the tractor trailer is considered to be a farm truck. The tractor trailer is driven home by the employee who owns it and it doesn’t stay on the property. According to Nicholas Cannon, who works at Blossoming Acres, he uses the tractor trailer for farming operations, especially during the weekend. 

Nicolas Cannon (left, with back to camera) is seen alongside his attorney, Tim Macri, at the continued public hearing with the Zoning Board of Appeals Monday night in Town Hall. (Photo by Greg Fitzpatrick)

After a complaint was made that the tractor trailer was parked on the property, the town’s Zoning Enforcement Officer, Art Lawlor, who is also the Building Inspector, filed a notice of violation for the tractor trailer being parked where it shouldn’t be. The board then supported Lawlor’s recommendation that the tractor trailer shouldn’t be parked there.

However, at the meeting on January 28, Cannon’s lawyer, Tim Macri, requested a continuance. During the continued public hearing on Monday, the Board of Appeals stuck with their previous decision and made a motion to accept Lawlor’s recommendation and deny Cannon’s request for an appeal.

According to Macri, the plan moving forward for his client is to appeal the Zoning Board’s decision and bring it to a higher court. Macri added that while he’s not certain, he said it could go to land court.

Select Board Chairman Joe Deedy was in attendance for the hearing and added that Macri could also put some sort of appeal together where town residents could vote at an annual town meeting or special town meeting.

“That option is available,” said Deedy.

Cannon’s mother, Malin Cannon, objected the Zoning Board’s ruling.

“Where in the law does it say you can’t have a tractor trailer?” said Cannon. “To me, it’s hearsay.”

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