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West Stockbridge mulls granting liquor license to Baldwin Farm’s food establishment

The farm's agricultural exemption and a past incident involving the burning of a collapsed barn on the property are at the center of the issue.

West Stockbridge — A proposal allowing a local farm’s food store and truck to serve alcohol has brought out residents on both sides of the decision that now lies before the West Stockbridge Select Board.

Represented by attorney Andrew Hochberg, Baldwin Farm owners Toby and Cameo Casey applied to the town for an all-alcohol license on its premises, as an option that would add a much-needed component to expanding their farm store/food truck. They currently offer a farm-to-table menu including hamburgers, fried chicken, and tacos at their 25 West Center Road location, with patrons assembling at the outdoor picnic tables during good weather. Amplified music isn’t allowed, and service ends at 9 p.m.

On April 14, Hochberg went before the Select Board, telling the dais that his client isn’t looking to create a bar or pub at his family farm but to move forward “with economic viability.” The property currently sports an agriculture exemption, with the food truck qualifying as a farm stand as the Zoning Board of Appeals determined in 2022.

The Caseys allow patrons to bring their own beverages, an entitlement that Hochberg said could get out of control but, to date, hasn’t. However, he said drinks served by a tip-certified bartender under the license would allow for better monitoring as to how much alcohol each patron consumes.

Through her attorney Brian Horan, neighbor Nancy Kopans cited concern that a farm in a rural setting is not the right location to sell alcohol, with those sales better off occurring in downtown West Stockbridge’s restaurants and bars. Although Baldwin Farm’s agriculture exemption allows for food service, Horan called the addition of alcohol “a huge step beyond that” and distinguished that the type of license requested, all-alcohol, includes not just beer and wine but also mixed drinks.

Resident David Capeless, who lives about 100 yards from the property, told the dais he agreed with the food truck use but felt a liquor license at Baldwin Farm was inappropriate. He was joined by his wife, Betsy Capeless, who described other ways the Caseys could expand their business: hayrides, sleigh rides, and a holiday winter market.

Joe Roy Jr. pointed out that, while a residential zone wouldn’t make for the right spot for a liquor license establishment, alcohol is already on the site as brought in by guests. Gunnar Gudmunson, who also serves on the Zoning Board of Appeals, said he was “confident” in the Caseys’ plans as the site comprises their family home and they wouldn’t want a “bar and grill” any more than other neighbors would. Gudmunson was backed up by Toby Casey, who provided assurance that the space wouldn’t result in a crowded or loud establishment of the type that would be “counter” to how the public currently enjoys the farm.

That session continued April 28 as Horan reiterated that the family had no plans to sell alcohol when it went before the Zoning Board of Appeals to permit its food sales, but those plans seemed to have changed. He called the expanded food operation “a restaurant with alcohol service.”

In the later hearing, Horan presented evidence that a barn on the farm was taken down since the last session. He alleged the Caseys illegally burned the structure remains without an open-burn permit, ignoring the jurisdiction of the building inspector and showing their propensity for trustworthiness and accountability. Horan also alleged that when the local fire chief arrived at the site, Toby Casey responded in a belligerent manner.

Hochberg countered that the barn allegations are irrelevant to an alcohol license application and the Caseys had made “an honest mistake” thinking their agriculture exemption allowed such a fire. He said the barn collapsed prior to the burn and, with the incident still under investigation, the Select Board couldn’t consider the action in their deliberations.

Select Board Chair Andrew Potter said he was uncomfortable proceeding with a dais discussion and vote without the town’s Zoning Enforcement Officer Brian Duval providing input as to issues surrounding the burn permit requirement or the presence of Fire Chief Vincent Garofoli for his testimony.

With unanimous approval of the Select Board, the hearing was continued once more to a special meeting date to be determined.

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