Ed May Calls Third Strike on Gary O’Brien’s Roger Road

By David Scribner
July 27, 2011

GREAT BARRINGTON – For the third time in the last seven months, Gary O’Brien’s landscaping and construction operation on Roger Road has been found to be in violation of the town’s residential zoning bylaws – and has been ordered to cease operations.

This time, however, resolution of the dispute will be determined in open session by the Zoning Board of Appeals rather than in closed-door conferences with lawyers.

Following two early morning inspections on July 8 and July 11, Building Inspector Edwin May once again issued a cease-and-desist citation, noting that O’Brien had failed to bring his activities into compliance with a June 23 cease-and-desist citation.

“There was no attempt to abate the issues,” May said. “He is still operating as a contractor’s yard which is not allowed. There were at least 10 vehicles parked there.”

Neighbors on Blue Hill Road have been complaining for nearly a year about O’Brien’s activities: the frequency of heavy truck traffic; the transfer of garbage; the stone grinding operations.

But O’Brien’s lawyer, Edward McCormick, contended that a 1996 Superior Court judgment allowed certain limited commercial activities on the property, permission that was passed on to O’Brien when he purchased the parcel last year.

McCormick also insisted that the O’Brien’s contracting operations were merely preparations for the creation of a tree farm in a former gravel pit, an agricultural use that is permitted.

Of that contention, May observed in a letter to O’Brien: “The primary use of the property is not for agriculture or horticulture; it is for a landscaper’s yard. Use of the property as a landscaper’s yard is not permitted.”

Because of these legal issues, Town Manager Kevin O’Donnell held off enforcement, instructing May to “observe” rather than cite O’Brien for violations.

But with the backing of the Board of Selectmen, who were upset to find Blue Hill residents’ complaints had been stymied, May resumed his inspections.

On his early morning inspections, May observed three Roger Trucking vehicles, Orange Tree trimming trucks, trailers, a race car, a 1-ton flatbed towing a trailer with a large oil tank, snow plows, sanders, two shipping containers, and a backhoe, plus 10 O’Brien vehicles with accompanying trailers.

But this time, in response to May’s formal complaints, O’Brien chose to have the matter settled by the ZBA.

“This is where the issue should have been in the first place,” May commented.

But it will be some time before the neighbors will find relief from O’Brien’s illegal operations.

O’Brien’s ZBA appeal technically brings him into compliance with the cease-and -esist order, and while May would recommend that O’Brien shut down his non-compliant activities until the ZBA hearing, he is under no legal obligation to do so. His appeal won’t come before the Zoning Board of Appeals for another 45 days, and there could be legal challenges to the board’s ruling.

In the meantime, Blue Hill Road resident Judith Kales reports “a slight reduction” in the noise emanating from the O’Brien’s landscaping yard, but the activities haven’t stopped, including the dumping of recyclable trash.

“It’s like it never ends,” commented another Blue Hill neighbor, Fran Kollman.