Board of Appeals rejects variance for tractor trailer

SOUTHWICK – The Zoning Board of Appeals held a continued hearing on Monday night regarding an issue at 2 Klaus Anderson Rd.

The issue is involving a tractor trailer that’s parked on the property of 2 Klaus Anderson Rd, which is part of the 65-acre property of Blossoming Acres farm. According to Nicholas Cannon, an employee of Blossoming Acres, he uses the tractor trailer for farming operations, especially on the weekends. The problem the Board of Appeals faces is that the tractor trailer 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.

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

The Zoning Board of Appeals discusses what to do with the issue of the tractor trailer on 2 Klaus Anderson Rd. (Photo by Greg Fitzpatrick)

On Monday night, the Board of Appeals had to decide whether to accept the variance that Cannon and Robert Davis, one of the owners of Blossoming Acres, requested to the board in order to allow the tractor trailer to stay parked on the 2 Klaus Anderson Rd. property. The board decided to support Lawler’s recommendation that the tractor trailer shouldn’t be there.

“We don’t have a choice but to support the building inspector,” said Board of Appeals member Paul Gregoire.

However, the board did suggest that Cannon, Davis, and their lawyer who was also in attendance, could find a way to present their argument.

“If you could find a case, it would make our life very easy,” said Mike Parent, a member of the Board of Appeals.

The lawyer for the employees of Blossoming Acres then informed the board that they’ll request a continuance to allow them to find an argument that it’s okay to park the tractor trailer on the property. The individuals are scheduled to meet with the Board of Appeals again on February 25 and present their argument. If the Board of Appeals does reject the variance again at the meeting on February 25, the lawyer for Cannon and Davis could appeal the decision and bring it to a higher court.

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