We have negotiated an exit strategy as regards the ongoing dispute with the Gas Companies (Berkshire Gas and Superior Plus) that are operating an industrial business in a residential zone at 9 Lee Road in Stockbridge.

The reason that we entered into negotiations are numerous, but we will attempt to sum them up here:

1. We would have needed a unanimous ruling by the Stockbridge Zoning Board of Appeals (ZBA) that our zoning appeal be upheld. The Gas Companies had made it crystal clear that even if we were successful, they would be appealing the ZBA’s decision, and they would not give up the right to further appeals, if necessary for them to attain their satisfactory outcome.

2. If we were unsuccessful, and the ZBA did not unanimously rule in our favor, then the Gas Companies would be allowed to operate 24/7/365 unencumbered. While we could have appealed the ZBA ruling, we had made an internal decision based on our time, energy and cost, that we would choose to not appeal the ZBA ruling if they chose to rule against us.

Because of the above, we felt it prudent to negotiate in good faith, rather than wait for the ZBA to render their decision.

So where are we today? As with agreements of this sort, our agreement with the Gas Companies does not allow us to publicly discuss the agreement itself. Rest assured that if the Gas Companies do not follow the agreement as is very specifically laid out, we will be filing a complaint with the Stockbridge Building Inspector, who is our Zoning Enforcement Officer, and if necessary, we will be back before the ZBA. We strongly believe that their negotiating this agreement, and then choosing to disregard it, would have the strong potential of putting the Gas Companies in peril of not being able to operate their business in a residential neighborhood. If this were to happen, we could only hope that the appropriate town entities would come to this epiphany as well, and that the legal costs would not be solely borne by us again, but rather the town would step in on behalf of our neighborhood and all the residents of Stockbridge.

If anyone has any questions, please don’t hesitate to contact us.