CHARLEMONT — The Zoning Board of Appeals has opted to continue its hearing about granting a variance for structures on Justin Maynard’s property that do not meet setback requirements, allowing him time to seek approval from the Conservation Commission to move a storage container closer to the river that would change the details of a variance.
This public hearing began on Nov. 15, over issues raised in an Aug. 8 letter from the building inspector about a sugarhouse, dumpster, farm stand, barn and shipping container at 200 Avery Brook Road that are close to the road. The Charlemont bylaws state there must be a minimum 50-foot setback for structures in the Rural Residential District.
The structures contain supplies for Maynard’s agricultural business, Bitter Sweet Acres, which sells mostly honey and maple syrup. According to a map that Maynard submitted to the ZBA, the storage container is 17 feet from the road, the barn is 17 feet from the road and the sugarhouse is 30 feet from the road.
Maynard requested a variance because of the constraints of the topography on his property and the financial hardship it would take to move the structures. He said moving the storage container would cost him about $4,000.
“Our intention is not to create an eyesore to the town,” Maynard’s application to the ZBA reads. “The shipping container has provided us a remarkable option for vast farm storage, was quickly assembled on site, and remains a package that fits our property’s unique landscape and dimensions very well.”
ZBA members sought town counsel’s opinion to see if they could issue a temporary variance for the storage container until June 30, 2024. This variance would allow Maynard time to come up with the money needed to move the structure.
Maynard argued that the barn that the ZBA considers to be in violation of setback requirements is technically considered a temporary structure because it is less than 200 square feet, so it does not need to abide by the town zoning rules. The ZBA said Maynard will still need to move this barn because the Highway Department is concerned it is too close to the right of way. Because bridge construction is scheduled to take place in the next three years down the road from Maynard’s property, the ZBA said the Highway Department is concerned about navigating machinery in the area.
At its most recent meeting, the ZBA asked Maynard to seek a permit from the Conservation Commission to move the storage container closer to Avery Brook, which runs through his property.
“You don’t need a permit for a temporary structure through the Planning Board, but you need it through the Conservation Commission,” ZBA Chair Charlotte Dewey told Maynard.
The hearing on the variance will continue during the ZBA’s next meeting, which has not been posted yet.
“We thought we would continue the shed issue,” Dewey advised Maynard, “to give you time to speak with the Conservation Commission to give you a permit.”
Bella Levavi can be reached at 413-930-4579 or blevavi@recorder.com.