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Building Commissioner Gerald Garner said 'nightclub' is just a used to describe certain types of usages in the building code. He said it is not subjective but based on state law.

Rusty Anchor Challenging Pittsfield Building Inspectors' Ruling

By Andy McKeeveriBerkshires Staff
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PITTSFIELD, Mass. — The Rusty Anchor is appealing to the state after local building inspectors have characterized its second floor as a nightclub.
 
Owners Scott Graves and Paula Messana had just finished renovating the second-floor space at the private marina and are hoping to use it for such events as baby showers or anniversary get-together.
 
But the city's Building Department says it needs to make significantly more investments in the fire safety system because by definition the use of that space is for a "nightclub."
 
The Rusty Anchor is now appealing to the state, saying that classification is "unfair."
 
"He doesn't want to be a nightclub. He never applied to be a nightclub," attorney Darren Lee said, later adding, "It is new construction and we've been tagged with this unfair label."
 
Building Inspector Albert Leu, however, said the state revamped its definition of what qualifies as a nightclub in 2004 following a deadly fire in a Rhode Island nightclub.
 
He outlined a handful of criteria, used to determine whether or not an establishment needs to meet those increased thresholds. Those include late night hours, high occupancy, service of alcohol with minimal food options, and loud music. There are triggers such as raised platforms, the way the seating is arranged, and space for dancing as well.
 
Leu said according to the paperwork filed for the Rusty Anchor, more than two of those requirements were met. That means the owner will have to put in a fire protection system that shuts down all sounds and visible distractions, activates all of the house lights, and illuminates the entire path out of the building. Those building code protections were put in place to make it easier for a larger group of people to exit in case of a fire.
 
"I believe the description of the use of that space complies with the requirements of a nightclub," Leu said.
 
Building Commissioner Gerald Garner said the term "nightclub" is just that, a term. He said a number of private clubs such as Berkshire Hills and the GEAA have had to meet the same criteria to be able to hold events in those spaces. He said it isn't a subjective matter, but rather specific criteria placed in the state building and fire codes.
 
"We don't have the right to say you are not a nightclub, because they are," Garner said.
 
Garner said the city doesn't know what type of events it will hold there in the future. It is expected to have an occupancy of 100 people and liquor is expected to be served there. 
 
Messana said the only entertainment planned there is for somebody to play music on a phone and Graves said the current entertainment license only allows for "minor amplification" and is no plans to change that into a loud spectacle.
 
"We don't want extremely loud music. We don't want a five-piece band," he said.
 
Nor do the clientele of the club. Multiple club members spoke on behalf of the Rusty Anchor saying it is a tranquil and tame place to be. 
 
"It is a very quiet group, an older group, the noise level is very, very low," member Peter Ochs said. 
 
Downtown business owner Steven Valenti is also a member there and said the space was constructed in a very tasteful fashion and at no point has he ever heard about plans for a nightclub. He sees the space as a perfect place for retirement parties or bridal showers, which is what Graves and Messana had designed it to be.
 
Council on Aging Director James Clark is also a member and he said it needs to be considered a banquet hall, rather than a nightclub.
 
The inspectors have reached some type of agreement with the club. The Rusty Anchor is being denied a certificate of occupancy, which it will appeal to the state. Once that appeal is granted, the city will allow for that second-floor space to be covered by its existing licensing.
 
That doesn't allow for more occupancy all of the time, but the club can use the space for larger crowds provided it files for a special event so inspectors know what is happening there -- Police Capt. Michael Grady said there have already been a few events held in the new space without the proper permits in place. 
 
Once the state settles the appeal, then there will be a determination as to whether the owners need to put in the more expensive fire system or the occupancy will simply be expanded and a new certificate of occupancy will be granted.
 
This isn't the first time the Rusty Anchor clashed with the city. Last year, the city's Licensing Board had argued with the company over its signage. The Rusty Anchor is a private, membership-based marina on Pontoosuc Lake. But, Licensing Board members felt it was advertising too much as if it were open to the public.
 
At the same time, the board felt the private club was offering a one-day membership option to circumvent laws.
 
The board had cited an e-newsletter released by the city listing bands playing there and signage close to Route 7, specifically a sign reading open, as evidence that it was operating as more of a traditional bar than a private club.
 
The newsletter was done without Graves' knowledge and he said the limited music offerings are done for the club members. The company scaled back its signage to appease the board. The one-day options could only be done once a year and was a way to attract new members.
 
Graves said he was trying to grow his membership base. The company had revamped its membership system in order to comply with the Licensing Board's wishes.

Tags: appeals,   building inspector,   license board,   nightclub,   

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Crosby/Conte Statement of Interest Gets OK From Council

By Brittany PolitoiBerkshires Staff

Architect Carl Franceschi and Superintendent Joseph Curtis address the City Council on Tuesday.

PITTSFIELD, Mass. — With the approval of all necessary bodies, the school district will submit a statement of interest for a combined build on the site of Crosby Elementary School.

The City Council on Tuesday unanimously gave Superintendent Joseph Curtis the green light for the SOI to the Massachusetts School Building Authority by April 12.

"The statement I would make is we should have learned by our mistakes in the past," Mayor Peter Marchetti said.

"Twenty years ago, we could have built a wastewater treatment plant a lot cheaper than we could a couple of years ago and we can wait 10 years and get in line to build a new school or we can start now and, hopefully, when we get into that process and be able to do it cheaper then we can do a decade from now."

The proposal rebuilds Conte Community School and Crosby on the West Street site with shared facilities, as both have outdated campuses, insufficient layouts, and need significant repair. A rough timeline shows a feasibility study in 2026 with design and construction ranging from 2027 to 2028.

Following the SOI, the next step would be a feasibility study to determine the specific needs and parameters of the project, costing about $1.5 million and partially covered by the state. There is a potential for 80 percent reimbursement through the MSBA, who will decide on the project by the end of the year.

Earlier this month, city officials took a tour of both schools — some were shocked at the conditions students are learning in.

Silvio O. Conte Community School, built in 1974, is a 69,500 square foot open-concept facility that was popular in the 1960s and 1970s but the quad classroom layout poses educational and security risks.  John C. Crosby Elementary School, built in 1962, is about 69,800 square feet and was built as a junior high school so several aspects had to be adapted for elementary use.

Ward 6 Councilor Dina Lampiasi said the walkthrough was "striking" at points, particularly at Conte, and had her thinking there was no way she would want her child educated there. She recognized that not everyone has the ability to choose where their child goes to school and "we need to do better."

"The two facilities that we are looking at I think are a great place to start," she said.

"As the Ward 6 councilor, this is where my residents and my students are going to school so selfishly yes, I want to see this project happen but looking at how we are educating Pittsfield students, this is going to give us a big bang for our buck and it's going to help improve the educational experience of a vast group of students in our city."

During the tour, Ward 5 Councilor Patrick Kavey, saw where it could be difficult to pay attention in an open classroom with so much going on and imagined the struggle for students.

Councilor at Large Alisa Costa said, "we cannot afford not to do this" because the city needs schools that people want their children to attend.

"I know that every financial decision we make is tough but we have to figure this out. If the roof on your house were crumbling in, you'd have to figure it out and that's where we're at and we can't afford to wait any longer," she said.

"We can't afford for the sake of the children going to our schools, for the sake of our city that we want to see grow so we have to build a city where people want to go."

Councilor at Large Kathy Amuso, who served on the School Building Needs Commission for about 18 years, pointed out that the panel identified a need to address Conte in 2008.

Curtis addressed questions about the fate of Conte if the build were to happen, explaining that it could be kept as an active space for community use, house the Eagle Academy or the Adult Learning Center, or house the central offices.

School attendance zones are a point of discussion for the entire school district and for this project.

"At one time I think we had 36 school buildings and now we have essentially 12 and then it would go down again but in a thoughtful way," Curtis said.

Currently, eight attendance zones designate where a student will go to elementary school. Part of the vision is to collapse those zones into three with hopes of building a plan that incorporates partner schools in each attendance zone.

"I think that going from eight schools to three would be easier to maintain and I think it would make more sense but in order to get there we will have to build these buildings and we will have to spend money," Kavey said, hoping that the city would receive the 80 percent reimbursement it is vying for.

This plan for West Street, which is subject to change, has the potential to house grades pre-kindergarten to first grade in one school and Grades 2 to 4 in another with both having their own identities and administrations. 

The districtwide vision for middle school students is to divide all students into a grade five and six school and a grade seven and eight school to ensure equity.

"The vagueness of what that looks like is worrisome to some folks that I have talked to," Lampiasi said.

Curtis emphasized that these changes would have to be voted on by the School Committee and include public input.

"We've talked about it conceptually just to illustrate a possible grade span allocation," he said. "No decisions have been made at all by the School Committee, even the grade-span proposals."

School Committee Chair William Cameron said it is civic duty of the committee and council to move forward with the SOI.
 
He explained that when seven of the city's schools were renovated in the late 1990s, the community schools were only 25 years old and Crosby was 35 years old.  The commonwealth did not deem them to be sorely in need of renovation or replacement.
 
"Now 25 years later, Crosby is physically decrepit and an eyesore. It houses students ages three to 11 in a facility meant for use by teenagers,"
 
"Conte and Morningside opened in the mid-1970s. They were built as then state-of-the-art schools featuring large elongated rectangles of open instructional space. Over almost half a century, these physical arrangements have proven to be inadequate for teaching core academic skills effectively to students, many of whom need extra services and a distraction-free environment if they are to realize their full academic potential."
 
He said  the proposal addresses a serious problem in the "economically poorest, most ethnically, culturally, and linguistically diverse area" of the city.
 
Cameron added that these facilities have been deemed unsatisfactory and need to be replaced as part of the project to reimagine how the city can best meet the educational needs of its students.  He said it is the local government's job to move this project forward to ensure that children learn in an environment that is conducive to their thriving academically.
 
"The process of meeting this responsibility needs to begin here tonight," he said.
 
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