Brimfield hearing 2013.jpg

Tree House Brewery owner Kim Goudreau testifies at a Brimfield Zoning Board of Appeals hearing about whether he business is allowed in the town's residential-agricultural zone.

(Jim Russell photo)

BRIMFIELD – Following nearly six hours of testimony on two warm evenings, the Brimfield Zoning Board of Appeals will be issuing a decision on whether a microbrewery is an allowed use in the town's residential-agricultural zone.

Unlike the first hearing held last month, the second meeting involved lawyers arguing.

Robert George of Sturbridge, representing opponents of the brewery, demanded that the appeals board turn over all the minutes of the sessions right away.

The chairman said the documents would not be available until the hearing had concluded.

Jeffrey Bohnet of Palmer, representing the brewery, said beer made at home is a tradition as old as the country, saying George Washington and John Adams maintained farmer’s breweries on their land.

At issue is beer manufactured at 63 St. Claire Road by Kim and Damien Goudreau, whose home is on premises – and who use produce from their land in the brewing process. They own Tree House Brewing Co.

Brewery opponent John R. Mortarelli filed an appeal of the town’s zoning officer's determination that the operation is allowed in a residential-agricultural zone.

“It is my determination that the brewery is in compliance with current zoning as long as a portion of the products used in the production of malt beverages are grown on the property,” Brimfield Building Commissioner William Klansek wrote to Mortarelli on March 21.

“In the determination of the definition of a farm one could say that there is really no specific size requirement. As long as an agricultural use is in place, any size piece of land could be considered a farm,” Klansek wrote.

Mortarelli said Klansek is wrong because a site plan for the business should have been filed with the Planning Board.

He said during the hearing that the Goudreau’s “are definitely not farmers.”

Prior to opening their brewery, the Goudreau’s obtained a state permit to operate and discussed the matter with town officials.

They met with the Planning Board as well.

According to a letter from the board to the ZBA dated June 4, the “Planning Board considered Tree House Brewery to be a farm use and more specifically an agricultural use and didn’t have to go through the Site Plan Review Process.”

The ZBA has 100 days from the April 3 appeal by Mortarelli to issue a decision.