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 Board Looks to Pontoosuc Island Safety and Cleanup

By Breanna Steele

LANESBOROUGH, Mass. — The Friends of Pontoosuc cleaned up the two islands on the lake and shared concerns of what they saw.

Kevin McGinnis, Friends board member, spoke to the Select Board last week about how the cleanup went and erosion the group discovered.

"We particularly wanted to go out and take a peek at the islands and it was seven bags of garbage and a lot of refuse from geese that we actually removed from both islands," he said. "The Keeler Island, particularly in Lanesborough, that had a Sheetrock bucket full of nails that we actually removed from there, too, and that was from probably multiple years of pallet burning out there."

McGinnis added that there is significant erosion on the east side of the islands, facing the deepest part of the channel.

He said Lee Popovich, who knows horticulture, suggested plantings along the edges to hold the soil and filter runoff that may help with the E. coli outbreaks on the lake.

"These are things that we can discuss on trying to keep those islands in enjoyable shape, and for people to be able to enjoy," McGinnis said, by reducing risks such as geese deposits, and plantings that can help filter some of the debris.

"We can't control how hard our rain comes, but we can mitigate some of that filtering processes to keep bacteria count lower. Because if you notice, pretty much the E. coli breakouts that we do have are right after heavy rain."

He wants to help keep the islands safe and healthy. He introduced the cleanup group, saying the cleanup was enjoyable and those who volunteered help make a difference.

"Look forward to in the future bringing more information back, and with a lot of moving parts to talk about mitigating erosion and certain things," McGinnis said. "But it's something that we all need to be kind of aware of, and this body of water is so enjoyable, and we definitely want to try to keep it as healthy as possible, and keep control or keep an eye on certain things."

Select Board member Jason Breault asked about what the insurance is for the islands to which Town Administrator Gina Dario responded that the island is a public park, so it's covered the same way as other town land, like Glaston Park. There's no added liability.

Breault then asked from a patrol aspect what that means.

"Obviously, if we have an underage drinking party, we have no mechanism to address it, or if there's a medical emergency on that area, we would have to get a boat from Pittsfield, so obviously we have some sort of a delay there," Police Chief Rob Derksen said. "That's the only concern, I guess, is it's a park that we can't patrol and we can't regulate on a regular basis," 

Breault wondered if they could get funding for a boat down the line but Derksen said it would be difficult with his small force.

"That's pulling the thread on a sweater because then I have to have certified boat officers and, I mean, so that's training that's time away and then I would have to be able to actually put them on the boat, which again as you've heard me say a million times, most of the time I have one officer on duty so I can't split them in half and put half on a boat, half in a car, so it would be a challenge."

He added that the lake is patrolled by the state Environmental Police but with recent funding challenges, it's not that much.

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