Tim Duncan addresses the ZBA about his request to establish an art studio and gallery at his Cold Spring Road (Route 7) residence.
WILLIAMSTOWN, Mass. — The Zoning Board of Appeals on Thursday granted a special permit for a Cold Spring Road resident to operate an art studio and gallery at their residence.
The board did not, however, take up a more contentious issue: the application for a special permit to grow marijuana on a Blair Road property.
Only four members of the board could attend Thursday's monthly meeting. That gave the body a quorum, but it also meant that a successful petition would have needed a unanimous decision from the ZBA members present.
Before the meeting, Chairman Andrew Hoar explained that condition to both applicants and offered them the option to request a continuance. Donald Dubendorf, the attorney for marijuana producer Massflora LLC, sought such a delay to the board's March meeting.
Tim Duncan and Rebecca Johnston went ahead with the request for permission to establish a studio at 534 Cold Spring Road.
The longtime artists hope to conduct classes a few days a week at the space and have a small gallery to sell their works.
Duncan, who addressed the board, said he does not plan a "store," per se. More likely the works will be displayed in a self-serve setting where customers can leave their money in exchange for the artwork; he has no intention to hire staff, Duncan said, and he did not ask permission for external signage.
He did mention that in addition to a few weekly classes, there is a chance that he may teach a class in Williams College's winter study session each January, and the special permit approved by the board allows for that possibility.
No one addressed Thursday's hearing for or against Duncan and Johnston's request, and the board received no correspondence regarding the Cold Spring Road project.
The same could not be said for Massflora's application.
In a preview of what to expect at the board's March 21 meeting, the ZBA has received as of Thursday afternoon eight letters against the proposed pot plantation.
The majority of the letter-writers identified themselves as residents near the parcel in question.
One letter came from Philip McKnight, who raised the same issue to the ZBA that he made to his colleagues on the Conservation Commission, which last week gave its go-ahead to Massflora despite McKnight's concerns.
Stressing that he was writing as a concerned citizen and not in his capacity as a member of the commission, McKnight suggested that the ZBA follow the path he recommended to the Con Comm and delay action on the Massflora application until it receives guidance from town counsel about potential legal liability for facilitating a business flouting federal law.
Most of the letters objecting to the application concerned the effect on quality of life and property values in the Blair Road neighborhood if Massflora is allowed to build the 7,000 square foot processing center and establish the 5-acre outdoor plantation it proposes.
"The proposed project is not an agricultural use appropriate in a rural residential area," one letter reads. "Rather, it's a pharmaceutical manufacturing facility more appropriate in an industrial area.
"The adverse effects for the neighboring vicinity and for the Town far outweigh any potential benefits to the Town."
The ZBA tentatively scheduled a site visit to the Blair Road property for the morning of March 9. Hoar said the site visit, when it is scheduled, will be open to the public and will be warned in advance on the town's website.
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Williamstown Charter Review Panel OKs Fix to Address 'Separation of Powers' Concern
By Stephen DravisiBerkshires Staff
WILLIAMSTOWN, Mass. — The Charter Review Committee on Wednesday voted unanimously to endorse an amended version of the compliance provision it drafted to be added to the Town Charter.
The committee accepted language designed to meet concerns raised by the Planning Board about separation of powers under the charter.
The committee's original compliance language — Article 32 on the annual town meeting warrant — would have made the Select Board responsible for determining a remedy if any other town board or committee violated the charter.
The Planning Board objected to that notion, pointing out that it would give one elected body in town some authority over another.
On Wednesday, Charter Review Committee co-Chairs Andrew Hogeland and Jeffrey Johnson, both members of the Select Board, brought their colleagues amended language that, in essence, gives authority to enforce charter compliance by a board to its appointing authority.
For example, the Select Board would have authority to determine a remedy if, say, the Community Preservation Committee somehow violated the charter. And the voters, who elect the Planning Board, would have ultimate say if that body violates the charter.
In reality, the charter says very little about what town boards and committees — other than the Select Board — can or cannot do, and the powers of bodies like the Planning Board are regulated by state law.
The Charter Review Committee on Wednesday voted unanimously to endorse an amended version of the compliance provision it drafted to be added to the Town Charter. click for more
Developer David Traggorth asked the trustees to make the contribution from its coffers to help unlock an additional $5.4 million in state funds for the planned 54-unit apartment building at the south end of the Cable Mills site.
click for more
The donors, who wish to remain anonymous, say the gift reflects their desire to not only support Williams but also President Maud S. Mandel's strategic vision and plan for the college.
click for more
Neighbors of a proposed subdivision off Summer Street last week asked the Planning Board to take a critical look at the project, which the residents say is out of scale to the neighborhood. click for more