Sean's Variety has been purchased by Rina Shah, proprietor with her husband of the Getty station on South Street.

PITTSFIELD, Mass. — The Licensing Board on Monday approved the transfer of an annual wine and beer license at a West Housatonic Street package store to a new owner, despite concerns raised by its nearest neighbor about the location's checkered past.

 

Rina Shah and Shreeji Krishna, proprietors of the Getty gas station convenience store on South Street, will take over operations at the former K&J Variety, more recently Sean's Package Store, purchased by Shah last month for $295,000 from KJRK LLC. The property is at 1245 West Housatonic and 61 Clarkson Ave.

 

The new Kwik Mart will be permitted to sell beer and wine year-round, and liquor half the year under a seasonal license also approved on Monday.  

 

Attorney for the applicants, Shawn Mahoney of Hoschberg Law Offices, opened her proposal to the board by acknowledging a "issues with loitering, and drunks coming around" at that location under previous license holders.

 

"This is not going to be an issue with Rina and her husband," said Mahoney, who pointed out that in 15 years of managing the South Street convenience store, which sells lottery and tobacco products, they have never had a single complaint or infraction.

 

The new package store will operate out of the same building as the small eatery currently there, Flo's Diner, but the board was assured that no alcohol purchased in the package store will be allowed to be consumed there.

 

The convenience store will open at 6 a.m., and will sell alcoholic beverages from 10 a.m. until closing at 9 and noon to 7 on Sunday, in accordance with state law.

 

The license transfer was strongly opposed by neighbor Mary Bush, who lives on an adjacent lot on the intersecting Clarkson Avenue. Bush voiced fears that another package store might perpetuate problems her family had experienced during the tenure of the previous two establishments, including trash, noise, traffic problems, and one accident resulting in an oil spill and environmental clean up.  

 

"We've had quite a bit of problem in the past," said Bush. "We've had garbage, unbelievable amounts that never get picked up ... we have people using our lawn as a public restroom."

 

"The noise, the traffic issues," Bush continued. "We've had problems that have never been addressed."

 

Based on testimony from Shah and her attorney, members of the board determined that the new establishment should be given a chance, voting unanimously to approve the license transfer.

 

"These things happened in the past, and we have new people that want to open up a business in that neighborhood," said board member Richard Stockwell. "If these problems you have continue, then you can come back to us, and we can address that."

 

Right next door, the Dragon Restaurant, which has languished for most of the past two years aside from a brief opening last August, will reopen within the next month, the board was told Monday.

 

Formerly Kim's Dragon Restaurant, the once popular Vietnamese restaurant, which was also affected by the oil spill in 2004, has closed and opened several times since then. Its reopening comes amidst stern warnings from the board.  

 

Bush, whose house directly abuts both at the end of Clarkson Avenue, also spoke strongly against the condition of that business in recent years, including trash and noise complaints.

 

"It's a total disgrace to our neighborhood," she said. "It's been a pure joy to have them closed."

 

Bush also noted that a recent mowing last week had been the first trimming of the property's grass since last summer, and asked that the board encourage the restaurant to maintain a better presence, open or closed.

 

Currently, the restaurant is awaiting a repair to its dishwasher before it can be re-inspected by the Health Department, and hopes to open within the next couple of weeks. The Licensing Board has repeatedly warned proprietors Kim van Huynh and his son Huy over the years that the establishment must stay open if it wishes to retain its license to serve.

 

"It can't just be open for 14 days," board Chairman Carmen Massimiano reiterated on Monday.

 

"We need to be aware of the concerns of the neighbors as well," said board member Thomas Campoli.  "I think we need to keep it on the radar."