Cheshire Planning Board Hears Concerns about Proposed Cabins

By Brian RhodesiBerkshires Staff
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CHESHIRE, Mass. — Twenty residents attended Monday's Planning Board hearing to voice concerns about cabins proposed to be built at 836 Outlook Ave.  

Nicholas Mirke, the petitioner of the proposal, said there would be several cabin spaces that someone could use for multiple purposes, such as for camping or hiking. Mirke said he plans to use the cabins for weekend-or-shorter rentals and explained it would take a significant amount of time to make each one.

Several residents, many of whom were abutters to Mirke's property, said they were worried about potential issues with such a site, including traffic, noise, light, waste, sanitation and more. After deciding to table the discussion for a future date, the board suggested Mirke evaluate feedback from the meeting and decide on changes to his plan.  

"If they want to evaluate their options, I think the best thing we can do right now is to give them some time to do it without forcing them to withdraw and resubmit," said Planning Board member E. Richard Scholz. "We can table it. If they wanted to amend it, we have had people amend their original petition."

There is currently no plan for the cabins to include essential facilities such as a bathroom or kitchen. The board argued the lack of necessities makes it unreasonable to classify the cabins as dwellings.

"What he's proposing is unconditioned. So no utilities, unconditioned space, no kitchen, no sanitary facilities. So it's not a dwelling unit," said Building Commissioner Travis Fachini. "There is nothing that we have in our bylaws that is exactly what he's looking for."

Fachini said, reading through the bylaws, there is not one category that Mirke's proposal cleanly fits under.

"There's nothing written, clearly, that says he can have this many of this because of this," he said. "It's not clearly defined; there's nothing. It's a very unique situation."


Mirke said he is more than willing to take everyone's feedback into account during the planning process, noting the makeup and plan of the structures can still change. When asked about noise and light pollution, he said the cabins should be far enough into the woods that they will not be easily visible from other properties.

"That's why I'm throwing everything out in the open," Mirke said in an interview after the meeting. "I'm not trying to hide or, you know, pulling any wool over any eyes. And if there is legitimate concerns with neighbors, I'll make sure that that's addressed."

The many gray areas of his project, Mirke said, made the permitting process confusing. He said trying to determine the legal way of submitting his plan to the town led him to the Planning Board.

"This is what I was guided to do because of the lack of infrastructure in the town Cheshire," he said.

It would not a quick progress, according to Mirke, to create these cabins. He does not anticipate making much more than one cabin a year.

"It's slow. It takes a long time to build something custom and unique," he said. "And trees that have fallen on the property, I drag the tree out and mill it up; it's all hand, it takes time. And I still have to work to be able to. So it's, it's a long-term thing."

Mirke said he hopes to make unique multi-purpose structures, whether they are rental only or not. He also said he would be interested in building cabins for others on their own property if asked to do so.

"And that's, I think, what a lot of people are being hung up on. It's not this big business or anything," he said "It's using different materials and building. I'm a contractor that builds the same things over and over again, and to be able to have ideas of doing some other things that other people can appreciate would be fantastic."


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DA's Office Clears Hinsdale Officer in Fatal Kauvil Shooting

By Brittany PolitoiBerkshires Staff

Biagio Kauvil, seen in this Instagram post, was armed and having a mental health crisis when police arrived at the scene. 
PITTSFIELD, Mass. — The District Attorney's Office has determined that the police officer who fatally shot Biagio Kauvil during a mental health incident in January acted lawfully. 
 
On Tuesday, DA Timothy Shugrue held a press conference to announce the results of the investigation, concluding that Hinsdale Officer Jeffrey Spratt fatal shooting of the 27-year-old was a "lawful use of force and it was necessary to prevent imminent series deadly harm to himself or another." 
 
"While the findings were non-criminal, I find it imperative to state that while there will be no criminal charges, the force investigation team did find considerable, which I agree with, concern regarding policies and the Hinsdale Police Department," Shugrue said. 
 
"I strongly recommend that the town of Hinsdale hire an investigator that is completely independent to the agency in the town to conduct a formal review of their internal policies and their applications to the events of January 7." 
 
A March special town meeting in Hinsdale approved $25,000 for an administrative review of the Police Department. 
 
Just before 10 a.m. on Jan. 7, the Hinsdale Police Department responded to the Off South Street home for a well-being check and requested mutual aid from Dalton. At 10:58 a.m., there was a radio notification for a taser deployment, and about 15 seconds later, officers advised that shots were fired. 
 
Less than one minute later, police requested immediate ambulance response and began rendering aid.  Kauvil died after being shot in the head.
 
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