WESTHAMPTON — A Northwest Road homeowner has appealed a court decision to issue a sawmill special permit to a controversial wood-chipping operation.
Timothy Fondakowski, an abutter who can see the Cotton Tree Service wood-chipping operation from his property at 355 Northwest Road, filed the appeal on June 28, as well as an emergency motion to intervene.
“I bought the land for peace and quiet,” Fondakowski said about his home. Noise caused by wood-chipping machines, as well as trucks with loud jake brakes traveling up and down Northwest Road, has disturbed Fondakowski in the past.
“It’s not a commercial area,” he said.
Not only is the operation an annoyance to Fondakowski, but he said the business in the residential neighborhood will lower property values.
Other residents have complained about the large trucks hauling logs up and down the quiet residential road, going to and from the wood-chipping operation of David Cotton, owner of Dodge Maple Grove Farm and operator of Cotton Tree Service.
Fondakowski’s appeal argues that town officials exceeded their authority by entering an agreement for judgment that assured granting a special permit regardless of the votes of the Planning Board members.
The appeal states that Hampshire Superior Court exceeded its authority by granting the permit without hearing all evidence.
A cease-and-desist order was issued on the property in 2012. Building Inspector Charles Miller said in a previous interview that residents complained the commercial business was operating in a residential area.
The following year, Cotton sought a special permit to continue his business of grinding tree stumps into wood chips. The town held numerous public forums on the matter and didn’t come to a decision until 2015, when it denied the permit on a 2-2 vote. Cotton filed a lawsuit shortly thereafter.
This spring, the Planning Board came to an agreement with Cotton in which he could operate his business again under certain conditions. The agreement filed in Hampshire Superior Court also stated that if planners didn’t vote to approve the permit, the court would issue it.
In May, the Planning Board denied the special permit, again by a 2-2 vote. On June 3, the permit was signed by the court, according to court documents.
Caitlin Ashworth can be reached at cashworth@gazettenet.com.