LANESBOROUGH, Mass. — Town meeting passed a revision to the agreement with Mount Greylock Regional School District for apportionment of capital costs and chose not to enact restrictions on agricultural animals in residential zones.

 

The vote was overwhelmingly in favor of the new agreement that changes how capital costs at the high school will be divvied up between the town and Williamstown.

 

Currently, the responsibilities for project costs are based on a each town's equalized valuations — or the collective value of property values — and enrollment figures. While that determination will remain, the change makes it so the apportionment is calculated each year and assessed at five-year averages instead of locking in the shares at the time of bonding.

 

"This formula will remain exactly the same. In the current agreement, however, the formula is calculated once," Mount Greylock School Committee Chairwoman Carrie Greene said. 

 

Greene said the change prevents either town from experiencing a dramatic change in responsibility in one year as well as allows for assessments to shift during the life of a bond should there be changes in the enrollment or values.

 

"This five-year rolling average is fair, equitable, and dynamic," Greene said.

 

Williamstown voters approved the agreement at a special town meeting on Nov. 17 and Lanesborough's vote Tuesday implements the change. The revision will be particularly important with the upcoming proposal to renovate and rebuild the high school. That project is estimated at $64.8 million with the two towns splitting somewhere in the $31.9 million to $35.8 million range of the total cost. Over the life of that bond, some enrollment projects show Lanesborough's share decreasing and Williamstown's staying somewhat level. Should that happen, Lanesborough's share of the cost will decrease as well.

 

While the voters were nearly unanimous in approving the amendment, some called for the agreement to continue to be looked at. 

 

"This proposal is a step in the right direction. But, the EQV does not include tax-exempt properties, mainly Williams College and Clark Art, which I feel is not equitable," said resident Ronald Tinkham. 

 

Tinkham said the agreement doesn't require tuitioning towns like Hancock and New Ashford to pay toward capital, doesn't factor which elementary school students choice into in determining enrollment figures, and doesn't include those tax-exempt properties. Tinkham said those issues need to be addressed as well in the future.

 

In other business Tuesday, voters opted not to take action on a proposed bylaw to restrict certain animals — rabbits, turkeys, geese, ducks, hens, chickens, roosters, pigeons and other fowl — in residential areas. The change would have limited residential property owners to own no more than six animals or fowl. The law exempts dogs and cats.

 

Kara Zaks raises ducks on her Narragansett Avenue home and called the proposal unfair. She proposed a number of changes that she says would be equitable to all property owners.

 

"I also use these poultry to feed my family with duck eggs, which are more nutritious, and meat," Zaks said. "I raise these poultry to supplement my income, which is greatly needed. It is my second job."

 

Zaks raises some rare and endangered ducks, works with schools to help teach, donates eggs to food pantry, and provides the duck eggs to cancer patients, who are restricted from the acidic chicken eggs.

 

"My poultry are my passion and hobby," she said.

 

She read a letter from a local school in support of her efforts in letting the children experience the hatchings and naming the ducks. She says she has students asking her all of the time about the animals they named. Each year, she donates eggs to food banks. Meanwhile, the Board of Health and the Massachusetts Society for the Prevention of Cruelty to Animals have both visited her property and reported no issues.

 

Among Zaks changes, she proposed the limit on animals be based on weight instead of a number. She rewrote the proposed law to include a permitting process with the Board of Health and restricting the number of animals to be based on 500 pounds of animals per acre of land. The latter part would make it more equitable between owners like her, who have small animals, and owners of large animals.

 

Her proposal puts the Board of Health in charge of inspections and permitting and places fines in place for those who are not in compliance. Zaks' proposal also disallows those whose property is 40 feet or less in width or length from receiving permits or owning animals. 

 

If that failed, Zaks said she was willing to reduce her flock to 40 ducks but six was too few. But she doesn't have to worry about that because voters opted not to vote on it and asked the Board of Selectmen to bring a new bylaw before them at a future town meeting.

 

"We'll set up some kind of committee in the next couple of weeks. We have until spring to do something and I do think it is an issue we want to look at," Town Manager Paul Sieloff said of what will happen to the bylaws in the future.

 

The outcome was welcomed by Zaks, who pledged to pass along her revised law and stay active in keeping an eye on any revision to the bylaws which may come to a vote later.

 

"I wasn't expecting it but I was hopeful for it," Zaks said of the vote. 

 

Also on Tuesday, town meeting passed an winter overnight parking ban. The ban will be in place from Nov. 1 until March 31 from 10 p.m. until 6 a.m. Violations of the ban could result in a $100 fine.

 

"This is a very standard type of parking ban that is done by municipalities all over the United States," Sieloff said.

 

Each year the Board of Selectmen have been voting to implement a ban and advertised it but only recently did the town realize it had no bylaw in place. A few questions were raised about the enforcement but Sieloff said there is a clause for residents to make arrangements with the town if there is a parking issue and Police Chief Timothy Sorrell said typically officers knock on doors or leave notes on cars.

 

"Typically if there is an issue, we put a note on your car," Sorrell said. "We are not out to generate funds for the town."

 

However, should there be an ongoing issue the town now has the capacity to levy a fine. The goal is to clear the roads during the winter for plowing.

 

Another article approved Tuesday was to require commercial solicitors to register with the Police Department. Sorrell said the law was crafted so that the department knows that solicitors are legitimate.

 

"Right now there is nothing on our books locally and even the state is kind of vague," Sorrell said. "It mandates that they come, check in with the chief of police, log in with us, get a permit from us."

 

Resident Russell Freedman, however, voiced concern that it would restrict children selling items to raise money for schools or political candidates from canvassing. 

 

"It makes it difficult for people to engage in typical speech and conversation in the town. I think this is a dangerous step forward to have to register to talk to people," Freedman said.

 

Attorney Jeffrey Blake agreed with Freedman's concerns. However, he said the law was crafted in a way to exempt children under age 18, non-profits, charities, and religious groups.

 

"The sole purpose behind this is to get people who are selling and using this for commercial purposes," Blake said.

 

If someone one is going door to door and selling something, residents now have the ability to call the Police Department to find out the legitimacy of the person.