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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Companion Corner: Fox at Berkshire Humane Society

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — There's a sweet and energetic dog at the Berkshire Humane Society waiting for his new family.

iBerkshire's Companion Corner is a weekly series spotlighting an animal in our local shelters that is ready to find a home.

Fox is a 3-year-old Pomeranian who has been at the shelter for about a month.

Canine caregiver and adoption counselor Simone Olivieri told us about Fox. 

"He's a bundle of joy. He would love a family who's home with him a lot, because he's just, he's very social and wants to be with his people a lot. And he would be fun to bring out and about, bring a lot of places, because he's very happy to go anywhere," she said.

When Fox enters the room he is immediately a puffball of energy that goes around and around the room.

He came to the shelter after his former owner could not take care of him anymore. 

"The owner was just not able to care for him anymore. Had he came in with another dog, Wolf, and she already did find her forever home just last week," said Olivieri. "The two of them were left with a friend of the original owner, and the owner did not come back to pick them up, and the friend had too many animals in the house, and too much going on, and she just couldn't continue to look after them, so they did end up coming to us."

Fox can go home with cats and children but is not recommended to go home with other dogs as he gets too excited.

"He would love a home where people are home quite a bit to give him all the attention that he so desires. He loves kids. He absolutely adores children. So he would like a home with kids to play with. He could live with cats. We are saying that he should not live with other dogs. The only reason is that he gets very humpy, and he does not leave the other dogs alone," she said.

With his energy it is recommended he goes to a home that can keep him active whether walks or hikes and even fetch in the yard.

Fox does need to learn more about walking on a leash and has a tendency to mark in the house but he was recently neutered. Olivieri said belly bands will be sent home with whoever adopts him to help prevent marking and managing it.

"He would like an active home. He really does like to go for walks daily. He likes to run around in the yard. He does need a little work on leash walking. He sometimes gets a little tangled still under your feet, and he's learning how to walk on a leash," she said. "So, someone who's got some patience and some time to work on some training with him."

"He also is not fully potty trained, so he does know to go potty outside. However, he will still mark, urinate in the house sometimes, and he might poop here and there in the house."

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