Tim Duncan addresses the ZBA about his request to establish an art studio and gallery at his Cold Spring Road (Route 7) residence.
WILLIAMSTOWN, Mass. — The Zoning Board of Appeals on Thursday granted a special permit for a Cold Spring Road resident to operate an art studio and gallery at their residence.
The board did not, however, take up a more contentious issue: the application for a special permit to grow marijuana on a Blair Road property.
Only four members of the board could attend Thursday's monthly meeting. That gave the body a quorum, but it also meant that a successful petition would have needed a unanimous decision from the ZBA members present.
Before the meeting, Chairman Andrew Hoar explained that condition to both applicants and offered them the option to request a continuance. Donald Dubendorf, the attorney for marijuana producer Massflora LLC, sought such a delay to the board's March meeting.
Tim Duncan and Rebecca Johnston went ahead with the request for permission to establish a studio at 534 Cold Spring Road.
The longtime artists hope to conduct classes a few days a week at the space and have a small gallery to sell their works.
Duncan, who addressed the board, said he does not plan a "store," per se. More likely the works will be displayed in a self-serve setting where customers can leave their money in exchange for the artwork; he has no intention to hire staff, Duncan said, and he did not ask permission for external signage.
He did mention that in addition to a few weekly classes, there is a chance that he may teach a class in Williams College's winter study session each January, and the special permit approved by the board allows for that possibility.
No one addressed Thursday's hearing for or against Duncan and Johnston's request, and the board received no correspondence regarding the Cold Spring Road project.
The same could not be said for Massflora's application.
In a preview of what to expect at the board's March 21 meeting, the ZBA has received as of Thursday afternoon eight letters against the proposed pot plantation.
The majority of the letter-writers identified themselves as residents near the parcel in question.
One letter came from Philip McKnight, who raised the same issue to the ZBA that he made to his colleagues on the Conservation Commission, which last week gave its go-ahead to Massflora despite McKnight's concerns.
Stressing that he was writing as a concerned citizen and not in his capacity as a member of the commission, McKnight suggested that the ZBA follow the path he recommended to the Con Comm and delay action on the Massflora application until it receives guidance from town counsel about potential legal liability for facilitating a business flouting federal law.
Most of the letters objecting to the application concerned the effect on quality of life and property values in the Blair Road neighborhood if Massflora is allowed to build the 7,000 square foot processing center and establish the 5-acre outdoor plantation it proposes.
"The proposed project is not an agricultural use appropriate in a rural residential area," one letter reads. "Rather, it's a pharmaceutical manufacturing facility more appropriate in an industrial area.
"The adverse effects for the neighboring vicinity and for the Town far outweigh any potential benefits to the Town."
The ZBA tentatively scheduled a site visit to the Blair Road property for the morning of March 9. Hoar said the site visit, when it is scheduled, will be open to the public and will be warned in advance on the town's website.
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Williamstown Board of Health Pushes for Action on Motel Issue
By Stephen DravisiBerkshires Staff
WILLIAMSTOWN, Mass. — The Board of Health on Monday morning authorized the health inspector to take a more forceful tone in seeking resolution to an ongoing issue at the 1896 House Inn on Cold Spring Road.
Since the summer, the board has been trying to get the proprietor of the Cold Spring Road (Route 7) motel to address electrical issues that pose a potential safety hazard to guests.
On Monday morning, Health Inspector Ruth Russell told the body that the owner of the inn has not been forthcoming with the town about a plan to fully address the issues.
"As we know, they updated the outlets, as we asked," Russell said. "As I heard from the wiring inspector, we're still waiting for them to upgrade the system to 400 amps. As that was technically part of our letter, I want to bring attention to it.
"I know [electrical inspector Joe Beverly] has been moderately in touch with them, but he hasn't heard when the upgrade will happen. We know he's eager to hear that, as are we."
Russell told the board that she and other town officials have "struggled" to get answers from the owners of the 1896 House.
BOH members expressed frustration with the pace of progress on an issue that has been on the panel's plate since early September.
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