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12/17/2018 11:00 PMThe Planning & Zoning Commission (PZC) has ruled against a proposal to allow a farm in a residential zone on a 3.5 acre-plot on River Road. A motion to approve the application with stipulations relating to the site plan and operational hours was denied by a vote of 6-2 at a PZC meeting on Dec. 10. The ruling comes after four public hearings were granted on the proposal dating back to September.
The proposal was filed by Jeffrey and Patricia Cashman. Jeffrey Cashman is an alternate on the PZC; he has recused himself while the application is before the commission.
The Cashmans were asking the PZC to grant several waivers and excusals in considering the application, primarily releasing the requirement for plans for things like lighting, buildings, and landscaping that aren’t applicable in a project with no new lighting, landscaping, or buildings.
Opponents of the application argue that a farm on River Road will lower the values of their homes and their quality of life. Additionally, some neighbors feel that added truck traffic along the narrow road would make dangerous driving conditions.
At the fourth public hearing held on Dec. 3, Cashmans and their attorney took exception to what they said are incorrect claims by neighbor Veronica Lopez in a letter she sent to the PZC. In particular. The Cashmans showed a 1987 letter from Barbara Swan, then the Clinton zoning enforcement officer, that states that the property had a farm at that time. Lopez had claimed that the property had not had a farm when she moved next door to the family at a later date.
The Cashmans also displayed photos and a video that showed stormwater runoff on their property that appeared to be clean.
Tim Shields, an attorney representing Lopez, spoke in opposition of the application. Shields said that Lopez took pictures after a rain storm on Dec. 2 that show water flowing onto her property; that the water has white foam, which could be a sign of contamination. Shields also argued that the history of the property should not have an impact on the current application.
Shields also said that comments made by PZC member Bethany Knight at a previous continuation of the public hearing could be interpreted as having been biased and that she had pre-judged the application. Shields asked that Knight recuse herself; Knight declined.
The often-conflicting testimony led in part to some PZC members’ decisions to not approve the application. The stormwater runoff originates where a mulching operation is done on the property, and with no water testing done, some PZC members said they could not be sure that the water was not contaminated. PZC member Gary Bousquet pointed out that a traffic study was not done on the application, and thus it was difficult to evaluate claims that trucks blocked the road sometimes, as well as claims by other neighbors that trucks did not block the road.
The decision not to include a traffic study with the application was made on the recommendation from a subcommittee that reviewed the application before the public hearings in the fall.
Bousquet inquired whether it would be possible to approve the farming application without the mulching operation on the property, but Chairman Michael Rossi said since that option was not made clear while the public hearing was open, he felt it could not be done. The public hearing had been closed on Dec. 3, however the PZC waited until its regular meeting on December 10 to deliberate.
Dave Leiper, the town’s zoning enforcement officer, said the decision could be appealed to Middlesex Superior Court within 15 days of publication of a legal notice. Additionally, Leiper said that the Cashmans could bring a new application before the PZC, but if the new application didn’t contain new information, it would be denied.