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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West Nile Virus Confirmed in Mosquitoes From Pittsfield

Staff Reports

PITTSFIELD, Mass. — The Massachusetts Department of Public Health (MDPH) announced today that West Nile virus (WNV) has been detected in mosquitoes collected from Pittsfield.

The City of Pittsfield has confirmed two isolations at the Pittsfield-Richmond town line on Route 41 and the other at Garland Avenue.

WNV is most commonly transmitted to humans by the bite of an infected mosquito. The mosquitoes that carry this virus are common throughout the state and are found in urban as well as more rural areas. While WNV can infect people of all ages, people over the age of 50 are at higher risk for severe infection. 

At the time, there are no confirmed human cases of WNV, but residents are encouraged to take the following actions:

Avoid Mosquito Bites

  • Apply Insect Repellent when you go outdoors. Use a repellent with DEET (N, N-diethyl-m-toluamide), permethrin, picaridin (KBR 3023), IR3535 or oil of lemon eucalyptus [p-methane 3, 8-diol (PMD)] according to the instructions on the product label. DEET products should not be used on infants under two months of age and should be used in concentrations of 30 percent or less on older children. Oil of lemon eucalyptus should not be used on children under three years of age. Permethrin products are intended for use on items such as clothing, shoes, bed nets and camping gear and should not be applied to skin. 
  • Clothing Can Help reduce mosquito bites. Although it may be difficult to do when it’s hot, wearing long-sleeves, long pants and socks when outdoors will help keep mosquitoes away from your skin.
  • Be Aware of Peak Mosquito Hours - The hours from dusk to dawn are peak biting times for many mosquitoes. When risk is increased, consider rescheduling outdoor activities that occur during evening or early morning. If you are outdoors at any time and notice mosquitoes around you, take steps to avoid being bitten by moving indoors, covering up and/or wearing repellant.

Mosquito-Proof Your Home

  • Drain Standing Water – Many mosquitoes lay their eggs in standing water. Limit the number of places around your home for mosquitoes to breed by either draining or getting rid of items that hold water. Check rain gutters and drains. Empty any unused flowerpots and wading pools and change water in birdbaths frequently. 
  • Install or Repair Screens - Some mosquitoes like to come indoors. Keep them outside by having tightly-fitting screens on all your windows and doors.

While the City of Pittsfield and Berkshire County Mosquito Control project continue to work closely with the MDPH and other agencies, locally we are taking the following actions: larvicide application, conducting targeted education programs, distribution of fact sheets on WNV and on reducing exposure to mosquitos and treating catch basins.

Additional information about WNV and reports on current and historical WNV virus activity in Massachusetts can be found on the MDPH website at: www.mass.gov/dph/mosquito.

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