City Cab Owner's Demise Causes Delay in Planning Board Hearing
NORTH ADAMS, Mass. — The Planning Board on Monday allowed the continuance of a public hearing on a proposed taxicab business so the owner's widow could sort out the application.
The application for a special permit had been submitted in the name of Michael McMillian to operate taxis from 54 River St. Special permit was required because it would be a change of use in a CC-2 zone.
McMillian, owner of City Cab, had died suddenly on Oct. 20; the Planning Board had postponed the hearing scheduled for the November meeting.
McMillian's wife, Susan, appeared before the board in hopes that the permit could be amended. Her attorney, James Sisto, who is handling the probate for the family, had been unable to attend the meeting. The owner of 54 River St. was also unable to attend because of a death in the family and was represented by real estate agent Michael Hernandez.
Hernandez said he believed Sisto would ask for the amendment to have Susan McMillian's name added or as a replacement. He said he had been told Sisto had contacted the Community Development Office and been told amending the application was possible.
Secretary Cathy Verrier, however, said she had only confirmed that McMillian was still on the agenda for the meeting.
Being listed on the agenda didn't mean the board could consider approving a permit for someone who was deceased, said Chairman Michael Leary. "The ownership has to be changed."
The planners were not comfortable with simply changing the name and the board voted to briefly delay the hearing so Hernandez could reach Sisto.
But even after reaching the attorney, Leary did not believe the name on the application could be amended.
"I worry that if we go ahead with this we will be told we did the wrong thing," he said. "That's my concern."
Planner Kyle Hanlon also pointed out that the agenda had been posted with Michael McMillian's name, and that it did not include changing ownership. "It needs to be posted twice with the correct information," he said.
Planner Paul Senecal said Susan McMillian would also have to apply for the taxi business license because it is now a new business.
The board voted to continue the hearing until January to give Susan McMillian time to resubmit the application in her own name.
City Cab had run afoul of city regulations in the past, and City Councilor Keith Bona, who sharply criticized its operations last year, asked if the planners would ensure it was licensed and paid its fees. Leary said those were questions the councilors should ask.
In other business:
• The board in a joint meeting with the City Council prior to its regular meeting approved the reorganization of the text of the North Adams Zoning Ordinances and the Use Schedule.
Michael Nuvallie of the Community Development Office, said this first set of changes were a matter of cleaning up language, deleting duplicate language and reorganizing placement. The goal is to bring the ordinances into line with the new master plan.
"It would make no sense to have a modern master plan and antiquated zoning ordinances," he said.
• The board heard from a representative from Family Dollar that the chain has been purchased by Dollar Express Stores LLC. The Family Dollar at 69 Veterans Memorial Drive (in the L-Shaped Mall) will continue to operate as a Family Dollar for at least a year. When that happens, any sign changes will come before the board.
• The board approved blue awnings for Berkshire Family And Individual Resources' building.
• An application was extend for another year for Barry Garton's West End Market. The application has been extended several times over the past half-dozen years to retain the commercial use viability of the vacant space. Garton has renovated the building but is still doing some work inside with the intent some day to relocate BrewHaHa to the historic building.
• The Redevelopment Authority, meeting immediately prior to the Planning Board, approved the change of ownership of Whitney's Beverage Shop on American Legion Drive to Michael Patel. Patel and his family own the Cheshire Liquor Center. The change in license was approved by the License Board several months ago and the state commission has also approved the transfer.
James Whitney said there is no plan to change the name that has been in use since the 1930s. There will be no exterior changes but Patel is planning to enlarge the interior retail space.
Correction: The Planning Board did meet in November; the original version incorrectly stated it had not.
Tags: ordinances, Planning Board, redevelopment authority, taxi,
