I would like to amplify two statements attributed to me in the May 24 Gazette (“Sawmill permit dismays residents”) concerning a lawsuit brought by Cotton Tree Service Inc. against the town of Westhampton for a special permit to run a sawmill that had been denied by the Planning Board.
The article reported that I said settling the case was the most cost-effective option. While the cost of litigation is always a concern for small towns, it was not a factor in the unanimous decision by the Select Board and Planning Board to settle the two-year-old lawsuit. If the town had lost the case, which was a real possibility, according to town counsel, there would be no opportunity to set conditions for the use of the sawmill. The negotiated restrictions limit the sawmill operation to Tuesdays through Fridays from 9 a.m. to 4 p.m., and the wood chipper can be operated only for 17 hours a week. Limits are also placed on the type and size of equipment and trucks entering and leaving the site, among many other restrictions.
The second statement was that town counsel told Westhampton officials to create a negotiation that would have teeth. My actual statement was that this settlement would have teeth because any violation of the conditions would be considered contempt of a court order.
I have complete empathy for the abutters’ anguish at the loss of peace and quiet in their neighborhood, particularly after the tree-canopied dirt lane I once lived on has now become a paved “highway.” That said, Westhampton has historically seen itself as a “working community” with agriculture, dairy farming, gravel operations and, yes, sawmills (including one near the center of town). There is a “Right to Farm Declaration” in the general bylaws that includes the following statement:
“It is the policy of this community to conserve, protect and encourage the maintenance and improvement of agricultural land for the production of food, and other agricultural products, and also for its natural and ecological value. This disclosure notification is to inform buyers or occupants that the property they are about to acquire or occupy lies within a town where farming activities occur. Such farming activities may include, but are not limited to, activities that cause noise, dust and odors, for example, manure on roadways, noise associated with forestry equipment such as sawmills or chainsaws, and stray livestock. Buyers or occupants are also informed that the location of property within the town may be impacted by commercial agricultural operations including the ability to use water services for such property under certain circumstances.”
As we have discovered, it is hard to argue against the town’s own bylaws. Currently, a committee is working on updating the town’s zoning bylaws and this will be an opportunity for residents to look closely at our community and decide what the future Westhampton will look like.
Phil Dowling
Westhampton
The writer is chairman of the Westhampton Select Board.