Lanesborough Receives Complaints Over ZBA Meeting

By Sabrina DammsiBerkshires Staff
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LANESBOROUGH, Mass. — An argumentative Zoning Board of Appeals meeting has prompted complaints to the town.
 
 
The nearly 40-minute discussion navigated the intention of the sign bylaw and whether the display on the truck was a violation, with short bursts of yelling in between.  
 
The meeting was not recorded by the board or by LCATV and the town requested iBerkshires share its recording to provide the Select Board additional context surrounding the few complaints. It is not iBerkshires.com's policy to share unpublished recordings or meeting notes. 
 
Town Administrator Gina Dario said the town received two complaints, only one of which was formally submitted. 
 
When the town receives a complaint, it is investigated by speaking with the relevant parties followed by an executive session, she said. 
 
State Open Meeting Law permits executive sessions for the purpose of discussing the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.
 
Lanesborough Local Country Store owner Tyler Purdy confirmed his intention to file a complaint because of what he said was unprofessional behavior displayed during the meeting. 
 
During the meeting, Paula Messana, owner of Inspired Creations gift shop on Main Street, spoke in support of the truck display.
 
"I'm just sitting here listening, and these people are actually my competitors, but I'm going to speak on their behalf, because, from what I'm hearing is, the bylaws were written and put into place in 2022 …" she said before being interrupted by board Chair Mark Siegars. 
 
Siegars loudly spoke over her asking, "Do you have any evidence of that?" multiple times and clarified that the bylaw was recodified in 2022, not established.
 
"My question to you is, why do you not have evidence of that," Messana said, matching Siegars' tone. 
 
Siegars explained that it is the applicants responsibility to bring the evidence showing their case. 
 
"Then you should continue the meeting so evidence can be provided," Messana said, with Siegars voicing "No we shouldn't" at the same time. 
 
"I'm sorry, that's not the way it works. The court doesn't give you any extra time if you don't do it when you have an opportunity to do it, we don't have an opportunity to continue it because you want to bring in something about a question that was raised during the hearing," Siegars said.
 
Messana went on to say, without interruption, that "Everyone should be given a fair and equal opportunity," highlighting that although she saw Siegars' point, more research should be done to determine if the truck is non-conforming. 
 
"It would be a simple continuance so he can do his due diligence, because he's a new business owner in town, and we need business owners in this town," she said. 
 
"We don't need to shut everybody down and make their life difficult. We need to work with these people and try to help them to succeed doing business in the town of Lanesborough." 
 
Messana said it's not easy being a business owner. 
 
"We're in January right now, and we're all dying, trying to cling on to life of our stores. I think that you need to give them the opportunity to do their due diligence," she said. 
 
"They're naive. They don't know what they needed to do. So. work with them as a human being and [be] respectful.
 
"That's all I have to say but I just don't like this [Messana slammed her hand to the table]. It's going to be my way. That is not fair. It is not correct, and it is not working for your community." 
 
Later in the meeting, when the board closed the public hearing for deliberations, Siegars explained his perspective. 
 
"I'm just going to say for the record that this application is signed by an attorney, so if the applicant wasn't prepared, shame on their attorney," he said. 
 
"I understand people are tired of how they get treated in this town, but my name has been carried through the mud for the past 10 years, including by that person sitting next to you," Siegars said, referring to Barbara Davis-Hassan, with whom he has butted heads with in the past. 
 
"And nobody ever came to my defense. I have a business in town, so don't tell me businesses are mistreated. I know exactly how they are treated," he continued before Messana interrupted him, saying this section of the meeting is supposed to be a deliberation. 
 
"No, you don't get a chance to say anything anymore. You came in here. It's our turn to speak," Siegars said. 
 
"Then don't speak directly to me," Messana responded.
 
"No, I'm going to speak directly to the record. You don't have to look at me," Siegars said. "I'm going to just say that there was an attorney involved. So, any question about legality or anything else — there was more than ample opportunity for that lawyer to be here to present evidence." 
 
The board returned to discussion of whether the sign was a bylaw violation, and voted to uphold the building inspector's violation. More information on that here

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Dalton Planners Hold Public Hearing on Tiny Homes Bylaw

By Breanna SteeleiBerkshires Staff

DALTON, Mass. — The Planning Board held a public hearing last week on a bylaw for mobile accessory dwelling units (ADU) that will be brought before a special town meeting.

For nearly two years, Amy Turnbull has been trying to amend the current ADU bylaws to allow mobile tiny homes.  

A movable tiny home is defined as a unit under 400 square feet that meets all of someone's daily needs, including sanitation, cooking, and other facilities, and which is also mobile. Most homes considered "tiny" are built on a trailer so they can be towed.

Her proposal defines a movable tiny house as a "residential property with an existing primary house, intended for year-round living," and outlines eight conditions for approval.

Among these conditions: the unit must adhere to accessory dwelling unit regulations, undergo site plan review, be licensed and registered with the state Registry of Motor Vehicles, have approved energy, water, and wastewater systems, and comply with American National Standards Institute 119.5 and National Fire Protection Association 1192 safety requirements.

Additionally, the unit must be certified for ANSI or NFPA compliance by a manufacturer or third-party inspector, including adherence to Appendix Q and the International Residential Code's structural guidelines and energy efficiency standards. The tiny house cannot move under its own power, and its undercarriage, wheels, axles, tongue, and hitch must be concealed from view. Wheels and leveling or support jacks are required to rest on a level gravel or paved surface.

Turnbull has gotten enough signatures for her petition to amend the current bylaws to add her definition of the mobile ADUs. Last Wednesday, the board held a public hearing on the petitions, which will be voted on at a special meeting.

Turnbull says she has two reasons for wanting to add this to the town's bylaws: aging in place and affordable housing.

"We need a variety of housing types in Dalton, and that we also need to address the idea that you know nearly 30 percent of our population by 2035 is going to be over 65 years old, and it's problematic because  ... there's not enough choice for these people to to age in place,"she said. "What movable tiny houses does, is it provides a less restrictive ADU. It's much cheaper to place, and it's easier to place, less time consuming. And what it offers to people is it offers people who are owners a place for their children to come and live, or a caregiver to come and live, or for the people who own their own house to come and live while they rent out their maybe their three bedroom home to a new family who wants to attend to Craneville simultaneously."

She said people need to move away from calling and treating the tiny homes as though they are trailers, as one former Planning Board member has voiced opinions on.

"That is an opinion, and I think we need to get over that, because I want to say that these are foundation homes, and that the chassis is a foundation, and it's a stick-built home on a chassis, and in very many ways it's like a modular house. I think we will not be surprised in the next 10 years if we see the market turn around and start to make smaller, tiny modular homes, but that is not the case right now, and we have a dire need for affordable housing," she said.

At a former Fire District meeting the Water Department drafted regulations for water hook-ups for these types of homes. The superintendent sent a letter to the Planning Board to be read at the meeting stating it will not be a hindrance for sewer system connection.

"The Department of Public Works does not feel that mobile ADUs will be an issue with the town sewer system. The homeowners will be responsible for any issues outside of the sewer main and connect and responsible for connecting in, so that would address any permits, fees, or anything like that would be added to that," the letter states. 

"The Water Department, as we've stated previous, and as you stated, the water department has come up with their own set of SOPs, standard operating procedures, for hooking up a an adu and a mobile adu, which will then have to meet winterization and all those, but they've laid out a plan for that, that they have, so I'd like to point that out," board Chair Robert Collins said.

One concern was raised that if someone can have a mobile ADU could they also have another tiny home on their property, including the main house. That situation is not likely, said Turnbull, as it would cost a considerable amount of money. Town Manager Eric Anderson also stated that in his former community when they adopted similar laws their first one wasn’t put in until a couple years later and then maybe one a year.

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