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David and Daniel Graziani had planned to open a retail establishment downtown but were denied a permit.

Pittsfield ZBA Says No to Downtown Cannabis Shop

By Andy McKeeveriBerkshires Staff
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PITTSFIELD, Mass. — The ZBA doesn't want marijuana shops downtown. 
 
"What I am seeing is that the board tends to not want a presence downtown," said Chairman Albert Ingegni moments after the board voted to deny a permit for a retail shop in a currently vacant storefront on Bank Row. 
 
David and Daniel Graziani had proposed a small retail shop in the space next to Patrick's Pub. The brothers planned to have 1,100 square feet of retail space on the ground floor and use 1,320 square feet in the leased basement for storage and office space.
 
There would have been film obscuring the window so people couldn't see the product inside, which is required by the state, and they had been negotiating with nearby businesses for parking for the 10-12 employees — a concern city staff raised fearing added congestion to the already busy downtown area.
 
Officials from the nearby Berkshire Probate and Family Court wrote to the Zoning Board of Appeals raising concerns about the location. The court asked the board to reject the application, writing children are in the courthouse on a daily basis and that it works with families and children.
 
ZBA member Miriam Maduro said the downtown is "family oriented" and she has a problem with a marijuana shop fitting in there. She added that many who are dealing with probate and family court are coming in with substance abuse problems. 
 
"I think one of the criteria we have to examine is the character of the neighborhood. The courthouse, the library, the high school, the skate park, the museum, are all family-oriented businesses and I don't think this fits," she said.
 
Daniel Graziani said children won't be able to see in and that staff will be at the door ensuring all who enter are age 21. He added that the shop meets the zoning regulations as outlined — which includes setbacks from schools and parks. 
 
The ZBA has some subjective criteria it can use to evaluate a project and make a determination whether or not a special permit should be issued. Despite the general guidelines crafted, all projects still need the go-ahead from the ZBA and the character of the neighborhood is a factor the board can use.
 
ZBA member John Fitzgerald voted in the Grazianis' favor, questioning how far the board should go when limiting such shops. 
 
"Where do you stop and where do you begin as far as controlling public flow?" he asked.
 
He said parents are accompanying children to the probate court or the museum. He believes it should be the parent's responsibility to educate children. He questioned if the board's stance would eventually lead to the desire to put up signs warning parents there is a restaurant serving alcohol or a cannabis shop upcoming to protect their children.
 
Daniel Graziani said putting his store in the downtown will allow the brothers to lead by example. He said the location sends a message that the industry is not as dangerous as it is made out to be.
 
"It is arguably less dangerous than alcohol or fast food," he said.
 
Yet, in a 3-2 vote, Grazianis' plans for a retail establishment was denied. It is the second proposal for downtown to be rejected. A project proposed on North Street was withdrawn when the city determined it was too close to the Adult Learning Center and therefore didn't fit the required setbacks from a school.
 
Another set of brothers, however, did get approval for a shop on Merrill Road. Nathan, Ben, and Nick Girard are planning Bloom Brothers between the Sunoco gas station and Laurel Street. It has been kicking around the permitting process for a month as the Community Development Board and the ZBA wanted design changes.
 
But on Wednesday, the retail establishment received its special permit approval.
 
That project also saw opposition, too. Ward 2 Councilor Kevin Morandi said the shop would create too much of a traffic hassle. An owner of multiple rental units said the tenants there have children and questioned if the spot was the right location.
 
Traffic on the small roads there has already been increased because of the Spectrum methadone clinic moving to the area — interestingly a business that was originally denied a permit to open downtown but ultimately won a court settlement to do so. It later moved to Merrill Road.
 
"There is a lot of traffic there anyway. I don't think that will make any difference," said ZBA member Howard Siegel, noting the gas station as the adjacent property.
 
The city has seen an increased interest in opening such establishments and a number of permits have been approved. However, all of the special permits issued are contingent on state approval. Not all of the local projects with local approval will actually come to fruition.

Tags: ZBA,   marijuana,   

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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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