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Lanesborough Passes Lake Dock Regulations

By Andy McKeeveriBerkshires Staff
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Selectman Robert Barton kept track of the amendments two passed and one failed on a white board.
LANESBOROUGH, Mass. — Residents can no longer put docks at the end of rights of way to Pontoosuc lake.

Voters approved Tuesday a lengthy bylaw set to regulate docks, rafts and moorings after more than an hour of discussion and multiple amendments at a special town meeting.

The original document had called for regulations and specific permitting processes for the various water objects but two amendments — both from the Board of Selectmen — narrowed the bylaw's scope.

One amendment limited the restrictions from the entire lake to only at the end of the rights of way — public, shared and private. Another amendment struck all of the permitting process for docks and eliminated them.

"This bylaw will not affect any existing docks that are properly licensed by the state," interim Town Administrator Joseph Kellogg said. "The key question is whether they have a legal license from the commonwealth."

Kellogg said the amendment to regulate at the end of the rights of way came after a public meeting on the issue a week ago, when the majority of residents agreed that those areas need regulating but private property does not.

"This is not a minor issue. This is my second or third most stressful issue when it comes to town affairs," Selectman Robert Barton said, adding that in the last year, he has personally been approached from 11 different people with 17 complaints.

The goal is to eliminate neighborhood arguments over lake access. One neighbor can no longer put up a dock that restricts access for others who have rights to the lake.


Voters voiced many concerns about docks that have already installed — fearing the town will force them to be removed. However, the bylaw has provisions that allows for an exception process and it does not include any existing docks.

Kellogg said an owner could be ordered to remove a dock by the Department of Environmental Protection  if it is not legally permitted by the state. But DEP would only do that after a complaint and subsequent investigation, he said.

If forced to be removed, the town will not allow a new dock installed without a public hearing and exception process.

On multiple occasions, residents questioned having docks on private property and the responsibility of the rights-of-way holders themselves — including deed disputes. Moderator Robert Reilly constantly had to remind voters that this bylaw only affects the water at the end of the rights of way.

There are multiple ongoing conversations about lake rights — including separate discussions regarding roads and the ownership of the various rights of way. That had some voters worried that the dock bylaw was too convoluted and they expressed concern that many residents may not have understood what was happening on Tuesday.

The town has been working on dock bylaws since 2007.

Voters also approved allocating an additional $19,000 for the town administrator salary. The town is now seeking a full-time administrator but had budget only enough money for a "70 percent" administrator.

Tags: bylaws,   docks,   Pontoosuc,   right of way,   

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Lanesborough to Negotiate New HCA With Only Dispensary

By Brittany PolitoiBerkshires Staff
LANESBOROUGH, Mass. Due to evolving state regulations, the town must settle on a new or amended host community agreement with its only dispensary.
 
On Monday, Feb. 24, the Select Board voted to allow Town Administrator Gina Dario to work with counsel towards a resolution.  Dario felt that both parties were willing to come up with a practical solution.
 
Liberty Market, located on North Main Street, has requested a new host community agreement or host community agreement waiver in lieu thereof.  The town was sent a notice of non-compliance from the Cannabis Control Commission in January.
 
"The discussion for the Select Board is whether or not to proceed with either a redrafting of the current host community agreement or a re-negotiation of a new host community agreement that uses a more prescriptive template that is being provided by The Cannabis Control Commission," Dario explained.
 
A couple of years ago, the Canabis Control Commission (CCC) approved changes to the state's adult and medical use regulations including policies that implement the agency's oversight of host community agreements, new equity requirements, and suitability reform.
 
"The Cannabis Control Commission is taking the position that changes to the cannabis laws which went into effect in November of 2022 are retroactive and affect pre-existing agreements, such as the one that the town has with Liberty Market," Attorney Nicole Costanzo said.
 
"Of course, there are some novel legal issues presented as to whether or not the legislative changes do retroactively affect pre-existing host community agreements. It's my understanding that the town does want to work with Liberty Market nevertheless and try and get them a "compliant" agreement for purposes of the Cannabis Control Commission issuing them a license renewal to move forward."
 
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