The Oak Bluffs zoning board of appeals settled a dispute over the use of land owned by Goodale Construction Company Thursday night, deciding to allow an Island landscaping company to operate in the residential zone under as an agricultural use.
For years, Working Earth Gardening and Landscaping has made use of a small piece of a 55-acre property owned by Goodale’s. In recent months abutters have voiced complaints about the operation.
Last July, town building inspector Tom Perry issued a cease and desist order barring Goodale’s from allowing the property to be used by several businesses that did not have permits. But Mr. Perry found that Working Earth is an agricultural business and allowed the company to stay on site.
At a hearing last month, the zoning board decided to seek legal counsel on the matter, since under Massachusetts law agricultural use is allowed on residential land.
Abutters claimed the use of the site went beyond agriculture, and included storage of firewood, stone and other materials, as well as persistent noise from work trucks.
“Our concern is the usage of the site that does not fall within agricultural use,” abutter Ben Scott said Thursday.
Working Earth owner Jude Villa and Goodale owner Peter Goodale stood by their belief that the operation is considered agriculture under state law.
“I just feel like I’m being targeted,” Ms. Villa said. “This is my livelihood and I’ve been there for 10 years,” she added.
In the end board members decided the issue largely had to do with the scale of work.
“It’s simply a matter of degree,” member Jonathan Holter said.
Board member Llewellyn Rogers urged Working Earth and the neighbors to find compromise.
“We’ve got to work together on this,” he said. “Try to make it work a lot better than it is now.”
The board voted 4-0 that Working Earth will be allowed to remain at the site, with conditions, including an 8 a.m. to 6 p.m. work schedule, cutting down on noise, and a promise that only necessary equipment will be stored at the site.
— Aidan Pollard
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