Lanesborough Planners Try to Keep Up With Bylaw Readings

By Breanna SteeleiBerkshires Staff
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LANESBOROUGH, Mass. — The Select Board got an earful last week on the Planning Board's efforts to deal with short-term rentals. 
 
Planning Board Vice Chair Joe Trybus asked at the meeting if they knew that short-term rentals weren't allowed to operate in Lanesborough.
 
"I would like to know who actually knew that short-term rentals were not allowed," he said. "I even asked, you know anybody here? Because I gotta tell you something, the only reason it was discussed was to regulate them in some way, not that they weren't allowed. We all thought they were allowed."
 
Select Board member Michael Murphy said the building inspector knew and brought it to their attention.
 
"Didn't bring it to mine," responded Trybus. "You know who brought it to my attention? To be honest, it was the gentleman that owns the coffee shop. I stopped in to see how the business was. Had a cup of coffee, and honestly, it was a really good cup of coffee. And the guy got my ear. He didn't know who I was, and he said that he was getting bullied from the town."
 
The building inspector issued a cease-and-desist order to Second Drop Farm in January to shut down the short-term rental it was operating, saying it was not allowed. The farm's attorney argued that the town's bylaws recognize STRs through restrictions on parking and through taxation but the Zoning Board of Appeals upheld the violation. 
 
 
Trybus said the planners at their Feb. 17 discussed making changes to the bylaws that could be voted at the town's annual meeting. 
 
"Short-term rentals is defined as 31 days or less. That's how we're going to do it. It's not 30, it's 31 OK, a registration and inspection was tabled until the next meeting," he said. "There's a little bit of arguing going on between the board to come up with a solution for that one."
 
The board tabled the discussion on inspection and registration until the March meeting but had talked about fees.
 
"So somebody comes in, registers into town, whatever paperwork we're going to have in place for that is probably like registering a business," said Trybus. "You come in, you sign your name. I don't even think there's a fee for it or we could decide that there's a $20 fee or $100 fee. I don't know when that happens. And one of the board members said, we can just make that in addition to permitize therefore the inspector gets zapped right away, and then he has to go out and do an inspection."
 
The board had also tabled ownership and entity limits but had agreed on a cap on how many days a unit could be rented out during year.
 
"Again, the board argued this a little bit, but it was voted they're allowed 365 days. I think that's a win, just my opinion," Trybus said.
 
The board had also moved forward a draft of parking restrictions, stating off-street parking is required with at least two parking spaces or, if there are three bedrooms, three parking spaces.
 
The Planning Board had also tabled a discussion on accessory dwelling units (ADU) to be used as STRs until the next meeting.
 
Murphy expressed admiration for how the Planning Board had handled those conversations.
 
"I want to commend you and the rest of that board for having — a I know it's just starting — but a thoughtful conversation," he said. "If you haven't watched that Planning Board meeting, I highly recommend you watch every minute of it to see what this board has gone through."
 
Trybus encouraged officials to speak with town residents to get some turnout at town meeting, saying too often "It's the same faces."
 
Murphy noted there were only 98 people at the last town meeting who voted.
 
"So if the townspeople, and I hope they're watching, if you really want short-term rentals in Lanesborough, you better go vote," Trybus said.
 
Trybus also discussed signage with the board, saying he didn't understand why the Country Store wouldn't have taken the small sign down if only one is allowed.
 
Murphy thought it was because there are other businesses in the location.
 
Trybus said he personally didn't feel there was anything wrong with the signage and Select Board member Jason Breault said the town should be working harder to promote more business and that over-restricting signage may hurt businesses.
 
The sign installed in the bed of the Lanesborough Local Country Store was found to be in violation, a finding also upheld by the ZBA and which is the subject of a lawsuit against the town. 
 
Trybus said he will plan to bring up the idea for two signs at 50 square feet per business instead of one to the Planning Board and will also look to see what the public says.
 
"If you want bigger signs and more of them, I can try to get the whole Planning Board to agree to write something up like that and bring it to the annual town meeting, and you can see what your public says," he said. "Because, again, it's not us. We can only bring it to them. We can only bring it to the people, and we'll let them decide."
 

Tags: Planning Board,   short-term rentals,   signage,   

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Hinsdale OKs Police Department Audit After Fatal Shooting

By Brittany PolitoiBerkshires Staff

HINSDALE, Mass. — The town has approved $25,000 for an administrative review of the police department, more than two months after police fatally shot 27-year-old Biagio Kauvil during a mental health crisis. 

Town Administrator Robert Graves said the shooting on Jan. 7 is not the only focus of the audit, and it will be several months before the Select Board receives a final report. 

During a special town meeting on March 11, an article appropriating $25,000 from free cash for an independent consultant to conduct a professional evaluation and audit of the Town's Police Department was approved. The audit includes a review of the department's policies, protocols, operations, and procedures, and concludes with a written report. 

"The Berkshire County District Attorney's Office and Massachusetts State Police are investigating the shooting, and we await their conclusions.  As we look to move forward, the International Association of Chiefs of Police, our insurance company (MIIA/Cabot Risk), and our legal counsel have recommended that the town hire an independent law enforcement consultant or firm to conduct a comprehensive administrative review of our police operation," Graves wrote in an email to iBerkshires on Friday. 

"This event is not their focus; they will assess the overall operation. We want a written assessment of our police operation's strengths and weaknesses to help Hinsdale make future changes and improvements." 

He said after completing the procurement process and signing a contract with a reputable consultant or business, it will most likely be several months before the Select Board receives the final report. 

"Still, it will help the town and police department move forward," Graves wrote. 

Last weekend, family and friends of Kauvil stood in Park Square asking for justice. A flier for the standout reads "Biagio was killed by police while experiencing a mental health crisis. Now, over seven weeks later, authorities have not yet provided any updates.

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