Lanesborough Committee Urges Another Vote On Docks Bylaw

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."

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.

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