Solicitor's Opinion Sought on Package Store Permit

By Tammy Daniels
iBerkshires Staff
09:27AM / Tuesday, February 09, 2010

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NORTH ADAMS, Mass. — A disagreement over whether a liquor license change constituted a change in use was referred to the city solicitor's office on Monday.

Stephen Pagnotta, attorney for Joseph Lora, argued that his client's application to switch from sales of beer and wine to an all-alcoholic license for River Street Package Store should not trigger the need for a special permit under the city's ordinances. 

"There are no proposed changes to the outside of building ... no substantial changes to practice or to traffic are anticipated," he told the board.

That prompted to Planner Paul Hopkins to query if anything was going to be done to the building, which still sports a temporary plywood cover over a hole caused by an errant police cruiser nearly two years ago.

"I cannot imagine approving this," he said. Pagnotta responded that the change in license wouldn't require a change in the building — not that the building may not change. The delay in fixing the damaged wall was caused by an insurance dispute, he added.

Planners, however, expressed concern that the hole remained along with numerous other code violations despite conditions set on the owners 2 1/2 years ago.

Administrative Officer Jay Green said Lora had moved forward with some of the conditions on the building but others remained.

A garage had been taken down and paint applied, said Building Inspector William Meranti, but there was rotted wood, missing screens and windows, main windows that were unsupported, excess signage and missing siding along with the damage by the cruiser.

"The Board of Health has had issues with the rest of the building," he said. "It's the owner's responsibility to deal with it.

"The code is the code and those issues need to be taken care of."

Pagnotta said Lora was willing to work with the city on what needed to be done but the permit should not get hung up on aesthetic issues since it did not relate to the liquor license.

"I'd go one step further," said Chairman Michael Leary. "My concern is this board issuing a permit to a building that's not even up to code."

But, said Pagnotta, "there's nothing in that bylaw that provides that the change of a liquor license is a change in use."

Leary countered that he would recommend the board refer it to the city solicitor, "which is the opinion that I would be listening to."

The hearing was continued until March.

In other business:

â–º The board approved sign changes and related updating of the Getty gas station at 148 Eagle St. into a BP station. The application was filed some months ago by Core States Group, an architectural firm, but has been continued since October. The application was approved with the condition that the existing fence be updated or removed and the area landscaped and the project be completed by Sept. 1.

â–º Approved Monk Transport's move to 578 Curran Highway, the site of an old foundry behind Mr. Tire. The company collects and transports rubber (tires) and plastic for recycling and had previously operated for four years at the Cariddi Sales building. The application was approved on condition that the city receive a letter from the state Department of Environmental Protection, that all materials be stored within trailers and that the number of trailers be limited to four.

â–º Approved the new signage and the request by the Elf Parlor on Ashland Street to add beer and wine to its menu, dependent on Licensing Commission approval. The board voted 8-1 with Wayne Wilkinson voting against because of the proximity of the college.

â–º Approved a request from Mary Giannaris to add beer and wine to the menu of Christo's Famous Pizza on Holden Street, dependent upon approval by the Licensing Commission.

â–º Reviewed a report from the Traffic Commission recommending the no parking along Canal Street with the exception of a 15-minute limit for off-loading supplies at the Crystal Hard Hat. The board had referred the matter to the Traffic Commission over concerns that the bar's relocation to the former Quinn's Paint & Wallpaper building would cause congestion. The board voted to recommend the City Council adopt the Traffic Commission plan.

â–º The hearing on the proposed Walmart Super Center was continued to next month at the request of the company's representatives. Detailed plans the board had asked for at the last meeting were ready in time for Monday's meeting.

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