Abutters Speak Against Proprietor's Lodge Dock Proposal
PITTSFIELD, Mass. — Abutters are passionate about the Proprietor's Lodge not causing any further disruption on the lakefront.
The Conservation Commission on Thursday continued a notice of intent application for a private, seasonal dock at the lakefront restaurant. A NOI for an identical project was denied by the commission in 2019 and the applicant appealed it with the Massachusetts Department of Environmental Protection, who then issued a superseding order of conditions.
That order has now expired.
"We have enough problems in our neighborhood thanks to Proprietor's," Waubeek Road resident Linda Pensivy said. "I don't want to add any more to it."
Three abutters in the crowded, lakefront neighborhood attended the meeting to ask that the proposal is denied, citing the size of the dock, safety concerns between boaters and swimmers, and the structural integrity of an old concrete wall that it would connect to.
"This is not a manhunt to take business away from the applicant. This is about the homeowners' rights that share this neighborhood with the establishment and a genuine concern for the safety of the community," said Cassidy Carlotto, also of Waubeek Road.
"It is a necessity that laws designed to protect the homeowners are upheld and it's truly a shame that the hatred and vindictiveness that has surrounded this issue has led us here tonight."
The 2.4-acre lot at 22 Waubeek is on the shores of Pontoosuc Lake. The northern portion of the property falls within the 100-foot buffer zone and there is a 100-year floodplain associated with the lake.
The owners would like to install seasonal docks to create a 12-slip private recreational boating facility, including a 4-foot wide boardwalk and a 76-foot "T" section. The dock would be seasonal and removed from the shore outside of resource areas in fall while the boardwalk would be a permanent structure.
A mooring is proposed about 60 feet from the shore to anchor a boat in the water during the summer. There are two spots proposed for non-motorized vessels on the dock.
"The intent of this is for visitors or folks who are recreating on the lake having the ability to stop and use the facilities at the restaurant," James Scalise of SK Design explained.
Abutters received notification as required by the Wetlands Protection Act.
"This property has been in front of the commission several times over the years. It has received a couple of superseding orders of conditions and received the Chapter 91 license which has been appealed," Scalise said.
"During this appeal process, as we wade our way through the regulatory process, the original superseding order of conditions for the dock, which is a separate application, expired. So we're here tonight to restart that process Notice of Intent process for the dock only."
He commented that the concrete wall has got to be 30 or 35 years old and that it was never permitted. The applicants are seeking a permit for 22 feet of bank disturbance so that the concrete wall can remain.
As an engineer, Scalise is "very comfortable" with the condition of the concrete wall.
"We believe the impacts here, although no impact is considered good, these are palatable and satisfactory," he said.
"I request the commission consider one, approving the resource area delineations that have been determined by a licensed land surveyor by making a formal determination determining the application materials are adequate and consider the application complete. Should this commission decide to not vote in favor of this which would be consistent with your last action, the completeness of this application is important to us and last, if you would look at this with a fresh eye, we would ask that you would approve the application as submitted."
For Pensivy, the mother of a 12-year-old who uses the right of way to swim with her friends, having a dock that close is a cause for concern.
"A number of years ago, just a point reference, when there was music outside and boats being outside close to the shore to listen to the music, my daughter happened to be swimming underwater. One of the boats turned around and took off very quickly, too close to shore in the area my daughter was swimming in. The fear that I went through at that moment along with the people around me was unheard of. Something a mother should not have to go through," she said.
"The dock is too big. It's bigger than any other public dock on our side. I think it should be minimized and also moved from private to public. There's already been growth removed that's sitting with you guys as it is. That was done without approval and I would appreciate it if this was denied."
Carlotto said she is an abutter, patron, and maintainer of the Proprietor's Lodge and the deeded laneways bordering the establishment.
She cited a lack of engineered, stamped, certification deeming the concrete wall to be structurally sound among many other factors including "The excessiveness of this proposal in relation to the standard of dock that is included for all other South Shore properties of Pontoosuc Lake, limiting them to four motorized boat slips, and the expectation of sole liability on the establishment to uphold these laws and interest of public safety."
Josh Wells joined the Waubeek Road residents' concerns, explaining that many of the abutters could not be there today.
"In the license, they're applying for a private boating facility rather than for a public boating facility as required by DEP and a previous NOI filing. That concrete wall actually seems to be dated further back as early as 1939. There is a lot of erosion around the wall and there doesn't seem to be any discrete justification in the application as to why that current concrete wall would be able to withstand structural loading from the additional dock, stairs, and gangway plank," he said.
"The addition of the chain link fence and gate will impede the public's right of lateral access around the high watermark. Previously a fence was built which was then subsequently removed due to a notice of enforcement related to the same public access statute."
He also pointed to the shore properties four boat slips maximum.
"My opposition is not about trying to hurt a business it's about ensuring the protection of the natural environment and safety of the public," Wells said.
This is not the first time that abutters have brought forward complaints about the eatery and event venue. In 2020 when the Licensing Board extended the hours that the Proprietor's Lodge can serve alcohol on its patios, residents attended the virtual meeting to speak in opposition with concerns of excessive noise and disturbances.
They were familiar voices to the board because spoke at past meetings on the same topic.
An employee and a man from Richmond showed up in support of the proposal.
Grace Guachione said she has seen firsthand over the past few years how the venue became a jewel in the community and would be remiss if she didn't mention the charitable events that are hosted there.
"All of these local organizations can use the event space at little or no cost as a way to give back to the community. With the restaurant's summer season being the busiest like most other establishments in the Berkshires, the addition of a seasonal dock would not only elevate the business but would create unmatched experiences for our guests and the greater community," she said.
"The benefits of this dock are numerous. It will provide a convenient way for voters to access the restaurant making it a unique draw for those enjoying the lake. For residents who live on the lake, the new dock would provide enhanced access to dining and social opportunities right from the water, creating a convenient and enjoyable experience."
Phil O'Leary estimated that the city's gotten upwards or more than $500,000 in real estate tax revenue from the site and said it would add to the economic development of Pittsfield.
Kevin Collins had a few clarifying questions about the project details. He said he was married at the site 30 years ago when it was the Itam Lodge and it is a "fantastic" venue for weddings and charity events.
"So I'm not sure that that's a change in the functionality. Might be a lot nicer now. I'll give you that," he said.
Tags: conservation commission, Pontoosuc,
