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The Board of Selectmen didn't take a position on the docks bylaw.

Lanesborough Committee Urges Another Vote On Docks Bylaw

By Andy McKeeveriBerkshires Staff
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Attorney Richard O'Brien opposed the bylaw and says it puts the town at risk.

LANESBOROUGH, Mass. — The effort to implement new regulations on docks on Pontoosuc Lake hasn't ended yet, despite three rejections from town meeting.

Representatives from a committee crafting the bylaws asked the Selectmen on Monday for a special town meeting to vote on a pared-back law.

Harbormaster Lee Hague asked for the meeting to address only a small portion of the law that the town again rejected at the annual town meeting.

"The big issue is docks in the right of way," Hague said, adding that he would like to put a bylaw limiting docks to a certain side of the right of ways to ensure access to the lake.

The issue has been under debate for years as committees have crafted different version of the laws to alleviate access to the lake and avoid neighborhood conflicts.

"It's been more than a decade of effort to get something done," committee member Robert Barton said. "If this fails, I think the committee is just going to give up."

In 2012, the town passed a bylaw that referred to the state's regulation and gave the Department of Environmental Protection the rights to oversee the installation. However, the DEP only requires permission from the landowners and most of the right of ways are deeded to owners of adjacent land.

Attorney Richard O'Brien represents three households in the Narragansett area. Those families have the rights of ways written into their deeds and he says should the town try to regulate the docks there, the town will be taken to court.

"The issue is private property rights," O'Brien said. "When it comes down to private property rights, don't get involved in that business."

O'Brien said the proposal to limit where docks can be placed in those rights of way doesn't conform with state regulations. All DEP requires is permission from the landowner, so eliminating the owner's right to put a dock on their own property causes trouble, he said. O'Brien cited two opinions from other law firms backing his claim.

"The dock bylaw, as proposed, does not comport with the general laws of Massachusetts," O'Brien said. "At some point, if the bylaw is passed and some one applies for one, that will spur litigation."


He said the effort to put the town in charge of permits is an attempt for some people to gain a "local bias" toward avoiding going to the state or to private litigation.

Jack Hickey sat on the committee and now he too opposes the attempt for a special meeting.

"I think town meeting spoke clearly. I think it is clear that they are not interested in this bylaw," Hickey said.

The Selectmen did not render a decision on whether or not they would call for a special meeting. The pared-down law hasn't been officially crafted and put before them. Monday's discussion was all part of the public comment period.

In other business, the Selectmen are trying out a new method of animal control. The board appointed Police Officer Jason Costa as the animal control officer and animal inspector.

Costa replaces Michael McClay, who is retiring. McClay was only part-time for the town and instead of replacing his role, the new method gives Costa the ability to perform the job during his regular shift.

"I think it is a really unique and beneficial thing for the town. We should try it for a year and see how it goes," Town Administrator Paul Sieloff said. "Jason is really enthusiastic about this."

The town budgets $8,000 for the position and that will be used for overtime for Costa should he be called in when he is not on duty. Police Chief Timothy Sorrell said he would work the scheduling to have another officer on duty with Costa so he would have more availability to handle the animal calls.

"I'm willing to do anything I can because this is going to help the police department. We won't be out chasing stray dogs. We'll have somebody in house to do it," Sorrell said.

Often the animal calls also require a police officer and the most of the animal calls come in through the department, Sorrell said.

"It gives us more hours. Technically, we have an animal control officer any time he is working," Sieloff said.


Tags: docks,   Lanesborough,   Pontoosuc,   

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Berkshire Wind Power Cooperative Corporation Scholarships

LUDLOW, Mass. — For the third year, Berkshire Wind Power Cooperative Corporation (BWPCC) will award scholarships to students from Lanesborough and Hancock. 
 
The scholarship is open to seniors at Mount Greylock Regional High School and Charles H. McCann Technical School. BWPCC will select two students from the class of 2024 to receive $1,000 scholarships.
 
The scholarships will be awarded to qualifying seniors who are planning to attend either a two- or four-year college or trade school program. Seniors must be from either Hancock or Lanesborough to be considered for the scholarship. Special consideration will be given to students with financial need, but all students are encouraged to apply.
 
The BWPCC owns and operates the Berkshire Wind Power Project, a 12 turbine, 19.6-megawatt wind farm located on Brodie Mountain in Hancock and Lanesborough. The non-profit BWPCC consists of 16 municipal utilities located in Ashburnham, Boylston, Chicopee, Groton, Holden, Hull, Ipswich, Marblehead, Paxton, Peabody, Russell, Shrewsbury, Sterling, Templeton, Wakefield, and West Boylston, and their joint action agency, the Massachusetts Municipal Wholesale Electric Company (MMWEC). 
 
To be considered, students must submit all required documents including a letter of recommendation from their school counselor and a letter detailing their educational and professional goals. Application and submission details will be shared with students via their school counselors. The deadline to apply is Friday, April 19.
 
 MMWEC is a not-for-profit, public corporation and political subdivision of the Commonwealth of Massachusetts created by an Act of the General Court in 1975 and authorized to issue tax-exempt debt to finance a wide range of energy facilities.  MMWEC provides a variety of power supply, financial, risk management and other services to the state's consumer-owned, municipal utilities. 
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