Planning & Zoning

By Susan MacEachron

The Planning & Zoning Commissioners went into executive session twice during the June 10 meeting to consult with legal counsel but nonetheless found time to hear proposals from two business owners and move them forward.

The first executive session concerned the enforcement actions for 24 Greenwoods Road West and the second the appeal of the P&Z decision regarding the Manor House at 69 Maple Ave. During the public meeting Ryan Craig, owner of the Berkshire Country Store, presented a plan to allow vendors in front of his store, and Edward Hinman presented an application to expand his container tree farm.

The P&Z and First Selectman Matt Riiska consulted with Attorney Peter Ebersol with Ebersol, McCormick, Reis & Steck LLC in executive session regarding the enforcement action at 24 Greenwoods Road West for failure to obtain a zoning permit for changes made to the exterior of the building. After prolonged efforts by the previous Zoning Enforcement Officer Michael Halloran and Riiska to persuade the owner of Love Simply LLC, Benjamin Schiff, to apply for a permit, a zoning violation was issued on January 12, 2023. Since that date fines have been accruing at $150 per day. In a follow-up conversation, Riiska said “Our attorney is working with his attorney to come to a resolution. All our options to resolve this are still on the table.” Ebersol represents the town in the matter.

The second executive session was convened with Attorney Daniel Casagrande of Cramer & Anderson to discuss pending litigation regarding P&Z approval of a modification to the 1996 special permit granted to the Manor House at 69 Maple Ave. Riiska also attended that executive session. No decisions or votes were taken during either executive session.

During the public portion of the meeting, Hinman presented his application for a special permit to operate a business in a rural residential zone. Hinman said he has owned 65 acres on Schoolhouse Road since 1985 and currently has about 300 small trees growing in containers on the site. He wants to expand to as many as 1,000 and allow people to purchase trees at the site.

Commissioner Willard Wood asked whether the land was in the Natural Diversity Data Base, noting that it would be easy for Hinman to check on line. If it is, permission would be required from the state Department of Energy and Environmental Protection. P&Z Chair Christopher Shaut said he would like to know how far Hinman’s business area is from his property lines. The application was accepted, and a public hearing will be held on July 8.

Ryan Craig, proprietor of the Berkshire Country Store, presented his proposed plan for a 10-by-10-foot tent on either side of his front door for two farmers’ market type vendors. He said that early in the season he anticipates the vendors would be artisans and that, as the summer progresses, they would be vendors with produce to sell. He does not intend to charge for the space but hopes it will generate additional traffic to his store. The commission discussed whether it would be appropriate for tents to potentially be in place seven days a week. Shaut noted that the store is in the Village District where any construction or remodeling must be reviewed by P&Z, but that the proposed tents fall into neither category. Although it was noted other stores might follow suit if Craig’s proposal was approved, the P&Z concluded that this proposed use did not require a public hearing and was within Zoning Enforcement Officer Stacey Sefcik’s purview to handle. Sefcik subsequently indicated that Craig would be granted a zoning permit.

During the ZEO report Sefcik described an issue at 177 Estey Road where it appears structures were built without a zoning permit and a landscaping business is being operated. She said the owner had talked to Ebersol, the attorney advising the town on the Greenwoods Road West matter. This raised a question as to whether Ebersol had a conflict of interest. Sefcik she did not know if he was representing the property owner. She said she would find out.