Lanesborough Faces Two Lawsuits Following ZBA Decisions

By Sabrina DammsiBerkshires Staff
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LANESBOROUGH, Mass. — The town is facing two lawsuits following recent decisions made during heated Zoning Board of Appeals meetings. 
 
Tension has been high in town surrounding the language of some of its bylaws, specifically the sign and short-term renal bylaws. 
 
One case is following a determination made in January, during which the board voted to uphold the building inspector's finding that the sign attached to Lanesborough Local Country Store's vintage pickup truck violated the town's sign bylaws.
 
The second lawsuit followed the Zoning Board's February decision to uphold a cease-and-desist order against Second Drop Farm for short-term rentals. The board argued that, in the absence of specific bylaw regulations, such rentals are not permitted.
 
Both suits outline several points made by the applicants during their respective meetings. 
 
Lanesborough Local Country Store's lawsuit was filed on behalf of Kurt Hospot, as trustee of Normal K Trust, and store owner Tyler Purdy by attorney Anthony Doyle. 
 
It demands that the board's decision be overturned and that they be allowed to have the advertisement attached to the motor vehicle at its current location. 
 
For the last five years, the truck has been a familiar sight parked on the grass near the store, at local events and parades, and serving ice cream at summer gatherings. The sign is mounted in the truck's bed. 
 
The lawsuit argues that the business's sign is permitted because the town bylaws have exceptions to the definition of a sign, including signs painted on or attached to fully registered motor vehicles. 
 
"The decision of the Zoning Board of Appeals was arbitrary, capricious and not in compliance with the plain meaning of the bylaw," the suit says. 
 
Second Drop Farm's lawsuit was filed on behalf of Patrick Elliott, Mary Elliott, and Dan Elliott by attorney Elisabeth Goodman, of Donovan O'Connor & Dodig. 
 
The 69-page lawsuit, including exhibits, argues that the board's decision was arbitrary, capricious, outside the board's authority, and is evidence of selective enforcement by the town.
 
The suit argues that, as a "Right to Farm Community," the town allows Second Drop Farm's short-term rentals because the definition of farming includes "conducting agriculture-related educational and farm-based recreational activities, including agritourism, provided that the activities are related to marketing the agricultural output or services of the farm."
 
The short-term rentals are incidental to the farming operations and therefore permitted by state law, Goodman claimed. 
 
Although the town does not have regulations over short-term rentals, its bylaws do define them and collect taxes and fees on them, suggesting they are allowed in business districts. Second Drop Farm is in a business district. 
 
The bylaws define short-term rentals as an "occupied property that is not a hotel, motel, boardinghouse, or bed-and-breakfast establishment, where at least one room or unit is rented out by an operator through the use of advance reservations.
 
"A short-term rental includes an apartment, house, cottage, and condominium. It does not include property that is rented out through tenancies at will or month-to-month leases. It also does not include time-share property or bed-and-breakfast homes." 
 
Additionally, the suit highlights how the town does collect taxes and fees on short-term rentals and that there are 50 short-term rentals operating in town. 
 
Finally, the notice for the cease and desist was incorrectly served to Samantha Phillips, who is not an owner, and the building inspector did not serve the order to any of the listed owners, the suit says. 

Tags: ZBA,   lawsuit,   

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Pittsfield Considers Repairing East Part Cemetery

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — The Historical Commission will consider grant opportunities for repairs to East Part Cemetery.

A resident reached out to the city with concerns about degradation in the half-acre burial ground at the top of Williams Street. East Part Cemetery was established in the early 1800s and has about 300 interments. 

“It's a nice old cemetery, and basically, (the resident) had had concerns that the stone wall had taken some damage, the gravestones have taken some damage, and was wondering if there's anything that could be done to repair the gravestones and the wall," City Planner Kevin Rayner told the commission on Monday.

In cooperation with cemetery leadership and residents, the Historical Commission will consider applying for Community Preservation Act funds to support repairs. West Part Cemetery, on the other side of Pittsfield, has previously used CPA funds for revitalization work. 

The 1080 Williams St. property is owned by the city and managed by the Pittsfield Cemetery Commission. Rayner presented photos of broken and overgrown gravestones, parts of the stone wall collapsing, and knocked-over obelisks. 

Some aspects could use general maintenance and restoration, he observed. 

According to the Pittsfield Cemetery and Crematory's website, East Part Cemetery was established around 1808 on land owned by Nathan Webb, who permitted and authorized its use as a public burying ground.  

In 1842, Nathan Webb's son, also named Nathan Webb, deeded the property to the Methodist Episcopal Society of Pittsfield as a public burying ground, and in 1893 the Trustees of the Methodist Episcopal Society transferred their control of the cemetery to the Proprietors of the Pittsfield Cemetery. Their action was confirmed by the Berkshire Probate Court.

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