Clarksburg Motorcycle Club Disputing Zoning Order
 A.J. Thibert flashes a cease-and-desist letter sent to him by the town at Wednesday's Selectmen's meeting. Thibert said the tone of the letter prompted him to consult his attorney rather than reach out to the board. |
CLARKSBURG, Mass. — A local motorcycle club is claiming discrimination in a dispute over zoning with the town.
But members are hoping to get enough support from voters to rezone their 28 Cross Road clubhouse so they can continue to use it.
The Reservoir Dogs packed the Selectmen's meeting on Wednesday to express their frustration with orders to close the clubhouse and to ask the board if there was a way to mediate the issue.
"The zoning issue is more of smoke screen to try to get us out," said Arthur "A.J." Thibert of Lick's Cycles, president of the club and owner with his wife, Lisa, of the building. "You've got a handful of neighbors who don't understand, they don't understand who we are. ... We've got a handful of people who don't understand this lifestyle and think it's a detriment to them."
The Selectmen acknowledged there had been complaints but said it's a simple matter of law because the building is in an industrial zone.
"Your building that you bought is in an industrial zone and you want it for a private club," said Chairman Jeffrey Levanos. "And our bylaw specifically states that you can't have a private club in an industrial zone."
Board members insisted there was no hidden agenda. "I've been riding motorcycles for 50 years," Levanos said. "I own a Harley."
Selectman William Schrade agreed: "I have no problem with your club. I have an issue with the zoning that has to be resolved."
The Reservoir Dogs, however, are suspicious of the town's actions, especially after the delays they encountered in North Adams when trying to lease the former Homestead Bar. The property was purchased by the owner of The Porches Inn and will open on Friday as the new UNO community center.
In Clarksburg, it seems a series of miscommunications, and the town's difficulty in retaining a building inspector, eventually led to the town sending a cease and desist notice more than year after the club began using the building.
"When I got this, I thought it was a joke," Thibert said, because it seemed to call into question his rights to park vehicles, plow and heat the building when inquiring if someone was living there.
He'd been assured, he said, by the bank and a former owner that the building, the former Pat & Henry's Package Store, was categorized as C1, a commercial designation that allowed club use. He also provided a map that he said did not show the building within the industrial zone.
Town Administrator Carl McKinney said the designation was for use, not zone, and only existed as long as the building was used as a store.
"Because Pat and Henry's store predated zoning, when the zoning districts were created and that was an industrial zone, that was grandfathered," he said.
Thibert's lawyer had responded to the cease-and-desist order; the town's attorney, in turn, had responded back. So when Thibert asked how the matter could be resolved, the Selectmen said it was now out of their hands and in the lawyers'.
"We have been advised not to respond to this and you're making it very hard not to respond," Levanos said. "It's going to be resolved in court, it's not going to be resolved by you and me sitting here."
Club members encouraged the board to "call off the lawyers" but the Selectmen, while indicating sympathy, made no promises and took no votes on the matter. McKinney related what the club would have to do to petition for a special town meeting to change the zoning. He did caution them it could be difficult, giving an example of his attempt to change zoning for his own land was shot down 30 years ago.
Thibert said the 17-year-old club paid taxes and maintained the building, which would probably sit empty again ("crickets and tumbleweeds," said one member) if he hadn't bought it. Club members were also active in raising funds for charity and supporting the local VFW.
"The board is elected and entrusted to uphold that laws it is given. They didn't make them but they are given them," McKinney said.
"Unfortunately, we're on a path that we have to enforce the laws."
Tags: motorcycle club, zoning,
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