Dalton Talks Zoning Bylaw Over Pub Parking Lot

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — A change in signage seems to have quelled neighbors' ire over errant parking and excessive noise by Zinky's Pub patrons. 
 
Since pub owner Bill Zink purchased and installed six new "no parking" signs in the adjacent residential parking lot things have improved, Deborah Merry, who filed a complaint with the town, told the Select Board last week. 
 
The board had referred the complaint to town counsel to see if there were any legal violations that need to be addressed with the pub's liquor license.
 
Since the signs were installed, Merry said she no longer hears or sees the patrons and the "last few weeks, it's been uncannily quiet." 
 
The original signs were low and difficult to see so Zink purchased six higher signs to improve visibility and reaffirms to the patrons not to park there or they will be towed. 
 
When the pub first opened up, Zink said had  a lot of out-of-town people checking it but that the number has since dwindled. 
 
The pub has also reduced its hours from 2 a.m. to 1 a.m. and made last call even earlier to ease the late-night crowds.  
 
Although he voluntarily reduced his hours, Zink said he has been flexible if it's only a few local people inside. He also hired a bouncer outside and inside for every Friday and Saturday to improve security.
 
Although the parking concerns have improved, residents attending last week's meeting said the pub's parking lot is in violation of a zoning bylaw. 
 
The board directed Town Manager Thomas Hutcheson to have the zoning enforcement officer review the lot. It did determine that the pub is not in violation of its license regarding parking. The town also has installed "no parking signs" on the street to aid in the parking issues near the pub but it is not a violation of Zink's license, Chair Joseph Diver said. 
 
Another resident said the zoning enforcement officer has been "stonewalling" him on the parking lot issue. 
 
Diver said residents who feel they are being "stonewalled" should go to the town manager with their concerns. The resident claimed he has been going from the town manager to the zoning enforcement officer for the past year and a half. 
 
Zink said the pub was a restaurant in 1900 and that he has a picture from the town's bicentennial.
 
Select Board member Dan Esko said the property pre-dates zoning laws so the parking restrictions that are being cited may not necessarily apply and the licensee could make that argument in Land Court.  
 
Zink's copy of the zoning bylaws from 1982 show that the owner added on to the building to make it into a restaurant sometime in the mid-1980s. 
 
Select Board John Boyle said the1980s action by the Zoning Board of Appeals granted an addition with conditions, so the property does not predate the bylaw. 
 
The zoning officer will review the complaint no later than the next Select Board meeting and Hutcheson will come before the board with his findings.
 
The pub also received a complaint of underage drinking that was reviewed by the town counsel, which determined that there is no evidence to support the claim so the pub is not in violation of its liquor license. 
 
"There's no evidence of underage drinking at Zink'y Pub. There's no violations reported by our Police Department to this board of any licensing concerns around underage drinking," Diver said 
 
"So that matter is therefore closed. There's no violation that this board can take action on and that is from our town attorney."
 
Diver said Police Chief Deanna Strout had assured him that if there were violations, she would inform the board to take action.
 
"She also shared that every time there is a concern of some level she talks to Mr. Zink and he addresses it immediately," he said. 

Tags: parking,   zoning,   

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Lanesborough Looks to the Future of Zoning Bylaws

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — The Planning Board is reviewing the town's zoning bylaws with an eye to amending zones to align with planning documents and projects. 

Members started at last week's meeting to at priority zoning projects that align with the Open Space and Recreation Plan and the Master Plan that was adopted last year. Earlier in the meeting, the board accepted the Berkshire Regional Planning Commission's draft of the OSRP, which the Select Board accepted late last month.

Town planner Andrew Groff informed the board of upcoming projects that will need to be looked at for zoning purposes to try and stay ahead of the bylaws that aligned in both the OSRP and Master Plan.

"Principally, would be going back and thinking about this idea of a mixed-use zoning district for the northern part of town that's responsive to the growth of outdoor recreation as it is really an industry. So you've got Shaker Ridge, you've got the folks at Donnybrook that proposes a glamping resort, Ramble Wild, and Brodie Mountain just over the town line in New Ashford with some new ownership and expanded interest in some development there, so that's one item that's called for in both."

Groff also explained they need to look into agriculture zones to help local farmers 

"Seeing if we can't do something to better support our farms because we have a couple great little farm clusters in Lanesborough. You know, zoning for agriculture is pretty expansive in Massachusetts. The exemption for agriculture is pretty wise, but we want to take a closer look and talk to some of our farmers and figure out there's some tweaks we can do that would make their lives easier."

He also brought up how they can help fix the zoning bylaws around the lake that are nonconforming and want to look into grant funding to help.

"Work that's going to be done to further protect Pontoosuc Lake, and we have a lot in our master plan regarding the zoning issues on Pontoosuc from the issue that you had mentioned to me, bringing back the citizens who were concerned about building heights down there, but you know, more fundamentally identified in the master plan is the problems with how everything is basically nonconforming. The zoning doesn't conform to what the actual built environment is. That's something we probably want to look into talking with folks in the community planning office," he said.

Groff mentioned there is a ballot question that, if it passes, would mean changing zoning regarding public water and sewer, and affect properties near the lake. 

"There is going to be on the ballot in November a question that will essentially require any community in Massachusetts that has built an environment that's on public water/sewer, you're going to have to reduce your lot sizes to 5,000 square feet. So I feel like if that passes, that has massive implications for that part of town. So, just another one to put out there, but maybe we want to wait to really tackle that with some grant funding once we know what the Legislature's done."

Chair Leanne Yinger said she lives in that area and it already seems very congested, meaning that the passage of the ballot question could have big implications.

She also mentioned another implication for the health of the lake she would like to see happen.

"I would like to see us ban pesticides and people treating their lawns," she said. "Part of the problem of the health of the lake is that when I say that out loud, and I'm saying it out loud to anybody who will listen to me, it is not a popular thing to say. But it is killing the lake."

Yinger said she would like to clarify who governs the sewer system around Pontoosuc Lake, noting the new owner of a friend's house needed to purchase access to the sewer from a private party. Groff said he couldn't remember if it is water district or town, but that there is something "funky" about the governance over there.

"I need to understand what that looks like, because the way it came down was interesting. The line comes in from Pittsfield, but there are people claiming that they have rights to it because they bought into it originally. I just want to understand what that's like and who's saying you're in charge with it, because it seems to me that that's a town-managed situation," Yinger said.

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