Pittsfield Board OKs License Transfer at Former Debbie Wong's

By Joe DurwinPittsfield Correspondent
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The Licensing Board on Monday approved a transfer of liquor license from the former Debbie Wong's and the switch from a liquor license to innkeeper's license for the planned Hilton Gardens.
PITTSFIELD, Mass. — The Licensing Board on Monday approved transferring a liquor license attached to the former Debbie Wong's back to the building's owner, pending a state review. 

John Herbert owns the 315 Dalton Ave. building where the former Chinese restaurant operated for more than 30 years before closing earlier this year.

Michael McCarthy, attorney for Herbert, said that under the lease agreement, if the tenants left with money still owed to the owner, the license was to be offered back to Herbert.

"They owed over $50,000," said McCarthy, who said the sheriff's department had already revoked the license from the tenant under these terms. Herbert was also awarded a judgement of $51,000 by Berkshire Superior Court, under the terms of which the defendant cannot transfer the license to any party other than the plaintiff, Herbert.  

"We need to get this license to be productive again, so that my client who owns this building that's been in mothballs for a while, while we've dealt with this, can get back online and going," he said.

McCarthy said it was unlikely that Herbert would seek to open an establishment with the license personally, but will seek to transfer it again when a suitable tenant is found for the premises, which he purchased in 1972. Two prior restaurants operated there under his tenure before it became part of the Debbie Wong chain of restaurants in 1981. Under that name, the restaurant had at least two owners before being sold to final owner Lie Hua Xie in 2006. At that time it left the chain, but under agreement was allowed to use the name for two more years, but despite orders from the company to desist, continued to be called Debbie Wong until it closed in March — with a considerable amount of unpaid rent.

Board member Thomas Campoli questioned the legality of the board transferring the license, suggesting that it might need to be put up for auction under state law. 

"Where there's an execution, and it's levied on, it requires a publication and a sale," said Campoli, speaking of the state Alcoholic Beverages Control Commission strictures governing such situations.

"Any auction would be a sham," said McCarthy in disagreement with this interpretation. "If there's an auction, the license ends up in somebody else's hands and if it's not Mr. Herbert, it violates the judgement of the superior court. 

"Only if the defendants made the transfer," argued board member Dana Doyle. "It's being held currently by the sheriff."

In consideration of the board's concerns, McCarthy suggested it could conditionally approve the transfer to his client pending review by the ABCC of its concerns on this point, which he would highlight in a letter accompanying the application.

"We'll do whatever we have to do to please the licensing authority here, and in Boston, to make sure this is a clean transfer," McCarthy told the board.  

The board approved the compromise, voting unanimously to allow the transfer if the disposition is approved by the ABCC.

In other business, the board on Monday also voted favorably on previously controversial license changes to a liquor license to be used by hotel developer Vijay Mahida for a planned 95-room Hilton Gardens hotel. Mahida's proposal to convert the liquor license formerly attached to Club Groove on Wendell Avenue Extension to an innkeeper's license for the four-story hotel was challenged two months ago by attorney John Gobel, representing owners of Pittsfield's Comfort Inn, located near the Route 7 site where the new hotel is to be constructed.

The challenge had come out of a three-way dispute by local lodging interests that has spanned across courtrooms and several local committees, with challenges both from the Desai family that owns the Comfort Inn as well as Eastern States Real Estate Management, an entity tied to Toole Lodging Group, whose own plan to erect a 92-room Courtyard Marriot was stalled when the state Department of Environmental Protection overturned a city-issued wetlands permit.

In October, the Desai hotel interests had asked that the liquor license change be tabled while awaiting a decision on a separate challenge they'd made to the project's building permit. Late last month, the Zoning Board of Appeals upheld the permit, and representatives for the Comfort Inn were not present to offer challenge to the alcohol license on Monday.

Plans had initially called for the $8.1 million hotel, to be constructed behind Guido's Fresh Marketplace in the city's southernmost corridor, to open this coming spring, following a groundbreaking last May. It has not been made clear how the months of delays will impact the hotel's construction schedule.  

 

 

Tags: alochol licenses,   license board,   

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BRPC Exec Search Panel Picks Brennan

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Executive Director Search Committee voted Wednesday to move both finalists to the full Berkshire Regional Planning Commission, with a recommendation that Laura Brennan was the preferred candidate. 

Brennan, BRPC's assistant director, and Jason Zogg were interviewed by the committee on Saturday.

Brennan is also the economic development program manager for the BRPC. She has been in the role since July 2023 but has been with BRPC since 2017, first serving as the senior planner of economic development. 

She earned her bachelor's degree from Franklin & Marshall College in Pennsylvania and earned a graduate-level certificate in local government leadership and management from Suffolk University.

Zogg is vice president of place and transportation for Tysons Community Alliance, a nonprofit that is committed to transforming Tysons, Va., into a more attractive urban center. 

He previously was the director of planning, design, and construction at Georgetown Heritage in Virginia, where he directed the reimagining of Georgetown's C&O Canal National Historic Park.

They each had 45 minutes to answer a series of questions on Saturday, and the search committee said they were both great candidates. Meeting virtually on Wednesday, the members discussed which they preferred.

"In my own personal opinion, I think both candidates could do the job and actually had different skills. But I do favor Laura, because she can hit the ground running and with the time we have now, I think she is very familiar with the organization and its strengths and weaknesses and where we go from here," said Malcolm Fick.

"I would concur with Malcolm, especially because she was the only candidate who could speak directly to what's currently going on in the Berkshires, and really had a handle on every aspect of what BRPC does, could use examples, and showed that she actually understood the demographic information when that information was clearly available on the BRPC website, and through other means, and she was the only candidate who was able to integrate our regional data, our regional demographics, into her answers, and so I find her more highly qualified," said Marybeth Mitts.

Brennan was able to discus the comprehensive regional strategy the BRPC has worked on for Berkshire County and said she made sure they included voices from all over the region instead of what she referred to as the "usual suspects."

"That was an enormous priority of ours to make sure that the outreach that we did and the input that we gathered was not from only the usual suspects, but community groups that were emerging in a lot of different corners of the region and with a lot of different missions of their own, and try to encompass and embrace as many voices as we could in that," Brennan said in her interview.

Member Sheila Irvin said she liked Brennan’s knowledge of Berkshires Tomorrow Inc.

"I think that her knowledge of the BTI, for example, was important, because that's going to play a role in the questioning that we did on funding. And she had some interesting insights, I think on how to use that," said Irvin. "And in addition, I just thought her style was important. 

"She didn't need to rush into an answer. She was willing to take a minute to think about how she wanted to move on and she did."

In her interview, Brennan was asked her plans to help expand funding opportunities since the financial structure is mainly grants and the government has recently been withdrawing some interest.

"With Berkshires Tomorrow already established, I would like to see us take a closer look at that and find ways to refine its statement of purpose, to develop a mission statement, to look at ways that that mechanism can help to diversify revenue," she said. "I think, that we have over the last several years, particularly with pandemic response efforts, had our movement to the potential of Berkshire's Tomorrow as a tool that we should be using more, and so I would like to see that be a big part of how we handle the volatility of government funding."

Member John Duval said she has excelled in her role over the years.

"Laura just rose above every other candidate through her preliminary interview and her final interview, she's been the assistant executive director for maybe a couple of years and definitely had that experience, and also being part of this BRPC, over several years, have seen what she's capable of doing, what she's accomplished, and embedded in meetings and settings where I've seen how she's responded to questions, presented information, and also had to deal with some tough customers sometimes when she came up to Adams," said Duval.

"She's done an excellent job, and then in the interviews she's just calm and thought through her answers and just rose above everyone else."

Buck Donovan said he respected all those who applied and said Zogg is a strong candidate.

"I think both and all candidates were very strong, two we ended up were extremely strong," he said.  "Jason, I liked his charisma and his way. I really could tell that there was some goals and targets and that's kind of my life."

The full commission will meet on Thursday, March 19, to vote on the replacement of retiring Executive Director Thomas Matuszko.

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