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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Two Men Found Guilty of Marijuana Trafficking

PITTSFIELD, Mass. — On Monday, May 6, Yebin Mai, 32 of Staten Island, NY and Dem Wu, age 52 of Staten Island, NY, were found guilty by jury of their peers in Berkshire Superior Court.
 
Yebin Mai was found guilty of two charges: Marijuana Trafficking in 100 pounds or more but less than 2,000 pounds and Witness Intimidation. Dem Wu was found guilty of Marijuana Trafficking in 100 pounds or more but less than 2,000 pounds.
 
According to a report, on July 30, 2020, State Police responded to a request for assistance from the Eversource Electric Company. The emergency dispatcher stated that two Eversource linemen were attempting to fix an electrical problem when they had a confrontation with individuals at 72 Jackson Road, Savoy. The residence belonged to Bin Huang after he purchased it in 2017 for $200,000 cash.
 
When state troopers arrived, the linemen stated that they responded to a report from a resident at 72 Jackson Road, Savoy claiming that power was fluctuating. When the linemen arrived at the house, they observed severely damaged wires and insulators leading from the roadside poles to the residence. When the Eversource linemen approached the house a man came out to meet them. The man, later identified as Yebin Mai, spoke limited English; therefore, communication between the Eversource linemen and resident became difficult. The linemen tried to explain that they would need to turn the power off to conduct a safety check of the electric meter and surrounding electrical connections. Mai became agitated. He handed the linemen an envelope filled with money later determined to be $600. The linemen attempted to return the envelope multiple times, but Mai would not take it. The linemen decided to leave the property. They called the police and waited for them to arrive, stated a report.
 
A trooper and Eversource supervisor arrived on the road at the end of 72 Jackson Road's driveway. A short time later, Mai drove down the driveway and attempted to leave in a pick-up truck with New York plates. There were two other passengers in the truck, including Dem Wu.
 
The trooper instructed Mai to stop and turn off the truck which he obeyed. All the individuals returned to the residence so the linemen could complete their inspection.
 
In a police report, the following items were observed at and around the house:
  • 4 separate electrical meters in poorly constructed boxes on the side of the house
  • Some melted wires and metal around the meter boxes (believed to be due to an excessive amount of energy being drawn through the wires)
  • Evidence of a small fire around one of the meter boxes
  • A smell of fresh grown marijuana (which grew once power was cut to the house and fans in the residence stopped running)
  • The sound of multiple fans inside the residence with no visible air ventilation system on the outside of the house
  • Windows with curtains drawn and boarded shut
  • A backyard covered in debris from a renovation, green planning pots, and large florescent light fixtures
  • Ring door cameras
  • A small path in the woods that ended in a pile of used potting soil and roots and stalks of freshly harvested marijuana plants

Additionally, Eversource reported that the monthly electric bill for 72 Jackson Road was approximately $10,000 per month, much higher than the average homeowner's bill.

The individuals on the property were questioned and ultimately allowed to leave. On July 31, 2020, Massachusetts State Police, including the State Police Detective Unit assigned to the District Attorney's Office, and a member of the DEA arrived at 72 Jackson Road to execute a search warrant. 
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