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Eric Percy told the ZBA that he intends to raise six chickens on his land.

Pittsfield ZBA Approves Furniture Store, Hotel Signs, Chickens, Office Space

By Andy McKeeveriBerkshires Staff
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The ZBA approved three special permits and one sign exception on Wednesday.
PITTSFIELD, Mass. — The Zoning Board of Appeals gave the OK for a couple to turn the former Liberty Tax building into a furniture store.
 
Michael and Deborah Beligni were approved on Wednesday night to alter the use of the property from a business office to retail.
 
The change is required because the south side of Elm Street, where the property sits, is zoned for residential use and only a special permit allows the commercial use.
 
"It is a very far cry from an exclusively residential area," said attorney Katherine Chester, who represented the Belignis, as she cited a car wash, restaurant, and other stores across the street from 118 Elm St.
 
The couple bought the property last July for $83,000 from John Valli. It was used as a tax office on the ground floor and a residential unit upstairs. 
 
The Belignis plan to keep the upstairs apartment and don't expect the retail to be detrimental to the area. The plan is to sell new and used furniture and home goods. They have 11 off-street parking spaces and won't be receiving many deliveries — and none from large tractor trailers.
 
"This would be a use that will have almost no impact on traffic," Chester said. 
 
The ZBA did, however, worry about the business being open at night, when the surroundings one are closed. ZBA member John Fitzgerald added a condition that the store be closed by 5 p.m. Chester said the store is eyed to be open from 10 a.m. until 4 or 5 p.m. during the week and only for a half day or so on Saturdays,
 
"I think it is a good use for the property," said ZBA member Thomas Goggins.
 
On the northwestern side of the city, the board gave resident Eric Percy approval to keep six chickens on his Berkley Street property. The land is a large parcel on an unaccepted paper street off Wilson Street.
 
Percy has been raising chickens for some seven months without the special permit needed. A neighbor had complained that he had a rooster and the building inspector found the chickens. 
 
Percy told the board that he has only six chickens and no rooster, the feed is secured, and the waste is disposed of properly. No neighbors attended the hearing to oppose the plan and the board said the land is large enough that it won't cause problems with neighbors.
 
"There is a review so if the neighbors have any problems, they can complain to the Board of Health and it will be our jurisdiction again," Fitzgerald said. 
 
The city set guidelines on backyard poultry in 2012 after a rise in the activity. Since then, the Zoning Board of Appeals has handled multiple permit requests, some approved and others denied.
 
On Wednesday, the board also approved the owners of the April Lane housing project to construct an office and the handicapped parking spaces to accommodate it. The entire housing project is set to be rehabilitated using private and government funds.
 
"This project is in need of this infusion of capital and management," said attorney Donald Dubendorf. "We've enjoyed a lot of support from City Hall."
 
There are more than 100 units in the low-income housing project but there is no office for management. The property was built out before zoning regulations eliminated that type of project so a special permit is needed to alter the existing layout. 
 
The board was in favor of not only granting the special permit to add an office but the project as a whole. Board member Esther Bolan said a management office for such a property is needed "now more than ever" and was supportive of the addition.
 
"The project as a whole is worthwhile," Goggins said.
 
Lastly on Wednesday, the board issued an exception for Hotel on North's compliance with sign regulations. The company is requesting more than five signs and one more than 8-feet 6-inches above grade. 
 
"The signage is attractive. It is unintrustive," said attorney Michelle Butler. 
 
The boutique hotel is currently under construction and will feature a hotel, bar, and restaurant. To help identify the location of those different businesses, which will be operated independently, the building owners say they need many signs. Additionally, the company is planning two overhanging signs — a marquee in front and and canopy in the rear. 

Tags: new business,   chickens,   signage,   special permit,   ZBA,   

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State Fire Marshal: New Tracking Tool Identifies 50 Lithium-Ion Battery Fires

STOW, Mass. — The Massachusetts Department of Fire Services' new tool for tracking lithium-ion battery fires has helped to identify 50 such incidents in the past six months, more than double the annual average detected by a national fire data reporting system, said State Fire Marshal Jon M. Davine.
 
The Department of Fire Services launched its Lithium-Ion Battery Fire Investigative Checklist on Oct. 13, 2023. It immediately went into use by the State Police Fire & Explosion Investigation Unit assigned to the State Fire Marshal's office, and local fire departments were urged to adopt it as well. 
 
Developed by the DFS Fire Safety Division, the checklist can be used by fire investigators to gather basic information about fires in which lithium-ion batteries played a part. That information is then entered into a database to identify patterns and trends.
 
"We knew anecdotally that lithium-ion batteries were involved in more fires than the existing data suggested," said State Fire Marshal Davine. "In just the past six months, investigators using this simple checklist have revealed many more incidents than we've seen in prior years."
 
Prior to the checklist, the state's fire service relied on battery fire data reported to the Massachusetts Fire Incident Reporting System (MFIRS), a state-level tool that mirrors and feeds into the National Fire Incident Reporting System (NFIRS). NFIRS tracks battery fires but does not specifically gather data on the types of batteries involved. Some fields do not require the detailed information that Massachusetts officials were seeking, and some fires may be coded according to the type of device involved rather than the type of battery. Moreover, MFIRS reports sometimes take weeks or months to be completed and uploaded.
 
"Investigators using the Lithium-Ion Battery Fire Checklist are getting us better data faster," said State Fire Marshal Davine. "The tool is helpful, but the people using it are the key to its success."
 
From 2019 to 2023, an average of 19.4 lithium-ion battery fires per year were reported to MFIRS – less than half the number identified by investigators using the checklist over the past six months. The increase since last fall could be due to the growing number of consumer devices powered by these batteries, increased attention by local fire investigators, or other factors, State Fire Marshal Davine said. For example, fires that started with another item but impinged upon a battery-powered device, causing it to go into thermal runaway, might not be categorized as a battery fire in MFIRS or NFIRS.
 
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