ASHFIELD — The parties involved with a junkyard at 995 West Road have agreed to mediation with the now two residents who have appealed the building commissioner’s ruling that the property is grandfathered into the zoning bylaws.
Following two rounds of public hearings, the Zoning Board of Appeals recommended mediation on April 30, contingent upon agreement by both parties. On Thursday, when the ZBA reconvened, John McLaughlin, the attorney representing both appellants — Randy Gobeil, who originally filed the appeal, and Ticia Kane, a direct abutter — said his clients are open to mediation. Sabra Billings, who owns the 995 West Road property with her husband Jason Dickinson, had said at the previous meeting she was open to mediation.
“I think it would be a good idea to put a time limit on this mediation,” ZBA member Mollie Babize said. “We need to resolve the mediation as soon as possible.”
Billings mentioned concerns about the timeline of mediation. If it extends later into the year and an agreement is reached to clean up the site to some extent, she said it would be much more difficult to do so once there is snow on the ground.
The ZBA discussed giving both parties a deadline, and having them report back in June. The ZBA ultimately decided on June 18. This is not a deadline to have mediation finished by, but rather a deadline to deliver the first update. However, both parties don’t need to wait until that date to deliver an update if one is available sooner.
“If it would be amenable to both parties, updates … would be something that the board would want,” ZBA Chair Mary Fitz-Gibbon said.
If mediation breaks down and ultimately fails, the ZBA will go back to deliberation and need to make a decision on the appeal. McLaughlin said that it “takes two to tango,” and that if at any point “mediation is fruitless … we can email you.”
Disagreement over 995 West Road stems from Building Commissioner James Hawkins’ determination that the junkyard is grandfathered into the zoning bylaws. Hawkins, in a phone interview in February, explained that his decision was based on affidavits from neighbors who said the property has been used as a junkyard since before the zoning rules banning junkyards took effect. The zoning regulations banned junkyards in 1995, though residents can obtain permission via a special permit.
McLaughlin, on the other hand, has argued on behalf of the appellants that Hawkins’ determination was incorrect and the property could not be grandfathered in, as Hawkins has stated, as it was operating illegally and shouldn’t be considered legal now. The debate inspired lengthy discussion among residents in attendance at the public hearings, with some expressing concerns about potential overreach. Attendees have also grappled with what constitutes a hobby versus a business, and what is considered junk.
When mediation is underway, the ZBA will have no involvement. At the April 30 deliberation session, Town Counsel Donna MacNicol said the discussion would be between the neighbors and the owners of 995 West Road.
“I don’t think you’d dictate the parameters of [an agreement],” MacNicol said on April 30. “They would bring any settlement back to you. … If they’re satisfied, you’re satisfied.”
As of Thursday night, non-voting alternate member Manfred Gabriel was drafting paperwork to send to both parties. This would be a reworking of the hearing continuation paperwork, as the original version only calls for the appellant’s signature. Both signatures, he said, would show a willingness by both parties to engage in mediation. The ZBA plans to review this drafted paperwork before it is sent to both parties.
In the meantime, the ZBA is returning to its regularly scheduled meetings, with the next meeting on May 21. This will be mainly for housekeeping and approving the minutes from its previous meetings.
“Thank you both,” Babize said to McLaughlin and Billings, “for being willing to engage in dialogue.”
