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Neighbors and property owner Jonathan Mirin dispute easement use for Piti Theatre parking
Summary
Abutters asked the Charlemont Planning Board to withhold permission for use of a shared driveway easement tied to Piti Theatre’s barn at 225 Avery Brook Road until deeds and access plans are clarified; the board said any change to parking must be handled by a special-permit amendment with abutter notification.
Shana Totino and Wendell Rheinheimer asked the Charlemont Planning Board on April 3 to withhold approval of any new uses of a shared driveway easement tied to 225 Avery Brook Road until the deeds are clarified and the parties’ rights under the easement are resolved.
Totino told the board she had prepared a timeline of circumstances related to the parcel and said neighbors are not in agreement with a proposed plan that would use the easement to access a parking lot linked to the Piti Theatre barn. The minutes record that Totino asked whether owner Jonathan Mirin would need to return to the board to amend the Piti Theatre special permit if he sought to use the easement to access parking.
The board examined the original special-permit map and concluded the permit requires primary parking north of the barn. The minutes say the north parking area is currently fenced and that the board advised Mirin to use the north parking area to remain in compliance with the permit. Board members also stated that any change to the parking plan would require an amendment to the special permit, with the abutter-notification process and a hearing.
As a next step, the board recommended that Totino and Rheinheimer file a written complaint with the relevant town offices if they believe the special permit is being violated. The minutes record no formal motion or vote on the parking plan during the meeting; the board’s guidance was advisory and tied to the existing special-permit process.
Why it matters: The dispute centers on whether use of a shared driveway easement would alter the permitted parking arrangements for a venue that operates under a special permit. If the owner seeks a different access or parking configuration, the special-permit amendment process triggers notification and a public hearing, which could change how neighbors are affected.
What’s next: The board said amendments to parking plans would require return to the Planning Board and completion of the abutter-notification process; the minutes do not record any immediate permit amendment application from the property owner.
