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The Board of Selectmen didn't take a position on the docks bylaw.

Lanesborough Committee Urges Another Vote On Docks Bylaw

By Andy McKeeveriBerkshires Staff
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Attorney Richard O'Brien opposed the bylaw and says it puts the town at risk.

LANESBOROUGH, Mass. — The effort to implement new regulations on docks on Pontoosuc Lake hasn't ended yet, despite three rejections from town meeting.

Representatives from a committee crafting the bylaws asked the Selectmen on Monday for a special town meeting to vote on a pared-back law.

Harbormaster Lee Hague asked for the meeting to address only a small portion of the law that the town again rejected at the annual town meeting.

"The big issue is docks in the right of way," Hague said, adding that he would like to put a bylaw limiting docks to a certain side of the right of ways to ensure access to the lake.

The issue has been under debate for years as committees have crafted different version of the laws to alleviate access to the lake and avoid neighborhood conflicts.

"It's been more than a decade of effort to get something done," committee member Robert Barton said. "If this fails, I think the committee is just going to give up."

In 2012, the town passed a bylaw that referred to the state's regulation and gave the Department of Environmental Protection the rights to oversee the installation. However, the DEP only requires permission from the landowners and most of the right of ways are deeded to owners of adjacent land.

Attorney Richard O'Brien represents three households in the Narragansett area. Those families have the rights of ways written into their deeds and he says should the town try to regulate the docks there, the town will be taken to court.

"The issue is private property rights," O'Brien said. "When it comes down to private property rights, don't get involved in that business."

O'Brien said the proposal to limit where docks can be placed in those rights of way doesn't conform with state regulations. All DEP requires is permission from the landowner, so eliminating the owner's right to put a dock on their own property causes trouble, he said. O'Brien cited two opinions from other law firms backing his claim.

"The dock bylaw, as proposed, does not comport with the general laws of Massachusetts," O'Brien said. "At some point, if the bylaw is passed and some one applies for one, that will spur litigation."


He said the effort to put the town in charge of permits is an attempt for some people to gain a "local bias" toward avoiding going to the state or to private litigation.

Jack Hickey sat on the committee and now he too opposes the attempt for a special meeting.

"I think town meeting spoke clearly. I think it is clear that they are not interested in this bylaw," Hickey said.

The Selectmen did not render a decision on whether or not they would call for a special meeting. The pared-down law hasn't been officially crafted and put before them. Monday's discussion was all part of the public comment period.

In other business, the Selectmen are trying out a new method of animal control. The board appointed Police Officer Jason Costa as the animal control officer and animal inspector.

Costa replaces Michael McClay, who is retiring. McClay was only part-time for the town and instead of replacing his role, the new method gives Costa the ability to perform the job during his regular shift.

"I think it is a really unique and beneficial thing for the town. We should try it for a year and see how it goes," Town Administrator Paul Sieloff said. "Jason is really enthusiastic about this."

The town budgets $8,000 for the position and that will be used for overtime for Costa should he be called in when he is not on duty. Police Chief Timothy Sorrell said he would work the scheduling to have another officer on duty with Costa so he would have more availability to handle the animal calls.

"I'm willing to do anything I can because this is going to help the police department. We won't be out chasing stray dogs. We'll have somebody in house to do it," Sorrell said.

Often the animal calls also require a police officer and the most of the animal calls come in through the department, Sorrell said.

"It gives us more hours. Technically, we have an animal control officer any time he is working," Sieloff said.


Tags: docks,   Lanesborough,   Pontoosuc,   

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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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