Not so fast…

News item: The Lenox town manager steps in and issues a directive on zoning.

The Berkshire Beacon believes Gregory T. Federspiel overstepped his lawful position in the case of Sam Kasten Handweaver of Pittsfield’s plans to put a weaver in the rear of Lenox Commons.

Mr. Federspiel may have offered the correct results, noting the weave material was not manufactured buy simply a “design” pattern to offer clients and visitors.

It may also be treated as an “educational issue” to show how a design goes into production.

This issue is for the Lenox Planning Board to hear and subsequently, with notice, the Lenox Zoning Board, which has jurisdiction to make the call after a public hearing.

Building Inspector William Thornton ruled Kasten could not open its 1,100-square foot office there because zoning rules bar “light manufacturing” in the Gateway Mixed-Use District on routes 7 and 20, just north of downtown.

Mr. Federspiel noted a “by right” permit would be issued, alluding “the production aspect is minimal given the main purpose of the business is administrative, customer service and sales.” What?

The one problem the town manager and legal counsel fail to see is it abridges the duties of the ZBA.

Also it creates confusion, noting if another entity wanted something not permitted, they would go to the town manager for relief.

Mark one for an educated guess and the goodwill of the town, mark two for violation of the procedure and thus circumventing the law and the town’s rules and regulations.

Posted by George C. Jordan III on January 31, 2013. Filed under Editorials,Opinion. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry