SHELBURNE — Citing traffic safety concerns on Route 2, the Zoning Board of Appeals has started to strictly enforce the town’s bylaw that limit one use per lot in the commercial district.

“There are significant issues on Route 2. We need to make sure there are safeguards in place to have them run as safely as possible,” ZBA member Michael Parry said at a meeting last week.

The ZBA started the meeting speaking of town bylaw 4.1.1 which limits one use per lot for businesses. A lot can have two uses if a special permit is granted by the board.

“We can use a special permit so that traffic can be studied and controlled,” said Joseph Palmeri, chairman of the ZBA.

Duck Pond and Catamount Traders are two antique stores that have been brought to the attention of the ZBA for having multiple uses on their properties without special permits.

Duck Pond

Last summer Za’s Hot Slices opened on the grassy lot of Duck Pond. While not having the proper permitting needed from the town — a special permit for two uses on one lot — during their first season, the building inspector or other town officials did not stop business owner Ilyza Earle from selling pizza outside the antique store.

This year, the owners built a three-walled structure to continue the outdoor pizza business and applied for a special permit for a second use on the lot. The permit was denied, with the board explaining the permit was missing pieces of the application. The application needs to be delivered to multiple boards, including the Selectboard, Conservation Commission, Board of Health and Planning Board.

Duck Pond owner Katelyn Choiniere explained she received an old version of the application and was not given guidance on how to fill it out. The board explained that ZBA Administrative Assistant Faye Whitney typically walks applicants through the process, though this was not done in this case. Choiniere and Earle are redoing the application.

Earle then received a cease-and-desist order from the building inspector for her business. She assumed she would still be able to operate the business out of the tent, like last summer, but was told she would need a special permit to operate the business at all.

“It is frustrating seeing other businesses where it is looked away. I feel like we are taking the brunt of this,” Choiniere said referring to the now stricter stance the ZBA is taking.

Catamount Traders

The ZBA is also concerned with the Catamount Traders’ flea market that owner Mike Skalski hosts under a tent in the parking lot.

The ZBA explained there was significant traffic caused by the business last summer. They explained the lot Catamount Traders is on has a commercial use permit, a residential use permit and a restaurant use permit though a restaurant was never opened. The ZBA says Skalski also needs a special permit for when there is a flea market on the premises.

Skalski attempted to apply for a flea market permit on the lot while he applied for the restaurant permit, but withdrew the application during the process. The ZBA said because the flea market takes up significant space in the parking lot, a special permit could ensure there would be a traffic study done so the dangerous backups on Route 2 could be mitigated.

Palmeri also explained that there are large free-standing signs added to the Catamount Traders lot, that were not grandfathered in and that are in violation of the town bylaws. “Mike keeps pushing the limit constantly,” Palmeri said.

John Richardson, an attorney for Skalski, said at last week’s meeting that the flea markets that take place at Catamount Traders could be considered an extension of the commercial use of the property. He argued the products in the store are sold by consignment, and a similar process happens under the tent.

Another concern the ZBA spoke about is the permit required for all tag sales and flea markets. Palmeri explained the Selectboard needs to grant a permit for all tag sales, but when he checked with Town Administrator Terry Narkewicz she explained they have not given out a special permit for tag sales for years.

In the past, the town has looked away from this bylaw, but town officials may start enforcing this requirement along Route 2, according to Palmeri. The ZBA noted along with the flea market at Catamount Traders, another one takes place at the lot across from Hager’s Farm Market that causes significant safety concerns.

“The special permit process is only the way to do something unless the Selectboard wants to grab the bull by the horns to solve this issue,” Palmeri said.

Reach Bella Levavi at 413-930-4579 or blevavi@recorder.com

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