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David Bertolozzi has petitioned the Board of Health to ease the requirements for longtime tobacco retailers.

Pittsfield Health Board Asked to Ease Tobacco Retailer Certification

By Andy McKeeveriBerkshires Staff
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PITTSFIELD, Mass. — David Bertolozzi has managed a gas station and convenience store for 27 years and hasn't been cited once for a tobacco violation.
 
Yet every three years, he has to pay $25 to the Tri-Town Health Department to watch a lengthy video with information such as the anatomy of a cigarette, to be certified. All clerks are required to take the certification exam every three years. 
 
"If a guy has been with you for six years, give the businesses a break. If they have no violations, they know what they are doing," Bertolozzi told the Board of Health.
 
He has now petitioned the city to put in place a system so if a person passes the exam three times and hasn't violated tobacco retail rules, then he or she doesn't have to do it again unless there is a violation. 
 
"It is going to help the business in Pittsfield and it is not going to cost the city anything," he said.
 
The program is run through the Tri-Town Health Department and Board of Health Chairman Jay Green said that's the best place to take his petition. But Bertolozzi says he'd rather see the city take over the exam process so any revenue from it goes to the city.
 
"I wouldn't have a problem paying $25 if it went to Pittsfield," he said.
 
Green countered by saying those fees go toward the inspections that Tri-Town Health performs. If the city took on the exam, it would then have to have its inspectors take on the tobacco regulations, too — diverting efforts from other needs. 
 
Nonetheless, Green said Bertolozzi makes a good point but he'd like to hear Tri-Town Health Director James Wilusz's take on it. 
 
"We are due to have a presentation anyway so your timing is good," Green told Bertolozzi.
 
The petition is yet another point of contention when it comes to the city's tobacco regulations. The Board of Health has faced opposition to various aspects of the laws since implementing them in recent years. 
 
In other business, the Board of Health needs to hold a public hearing to address a minor change in a 1979 site assignment for waste recovery facility Covanta Pittsfield. 
 
Covanta's Environmental Manager Gary Pierce said the site assignment document from 1979 puts limits on the amount of solid waste it can burn. The plant burns waste and turns it into steam, which it sells to two local businesses for energy. The company has no problems keeping it under that limit, at 84,000 tons, but a renewal of the state Department of Environmental Protection in 2015 created an issue.
 
The company only burns some of what it takes in. It also has a transfer component, which is for recyclables and for construction material. That is collected and sent elsewhere. The 2015 permit now makes it so those collections count against the combustible total. 
 
"It basically hampers how much we are allowed to combust and generate energy from. Now we have several thousand tons we are transferring counting toward our combustion limit," Pierce said. "We're not looking to combust anymore, the combustion limit is set at 84,000, but we don't want the transfer counting against us."
 
He later added that "there are years we have combusted close to the 84,000 tons." In order to change that linkage, the company also needs to update the city's site assessment. That includes the need to hold a public hearing, which the board will hold at its next meeting.
 
"This is a good opportunity to make our relevant paperwork current. This is a semantic act to make sure the paperwork reflects that of the operation," Green said.
 
Also in other business, residents Alexander Blumin and Craig Gaetani both asked the Board of Health to issue some guidance to landlords when it comes to recreational marijuana. Blumin and Gaetani said they have tenants living in buildings they own who do smoke marijuana, which is now legal, while others living in the same building don't like it. 
 
The pair would like to have some guidelines about what landlords can do to resolve issues among tenants.
 
The state is taking over the regulations and hasn't issued any specific laws yet but so far, the belief is that landlords have the ability to make apartments no smoking, just like tobacco, and that there are resources out there to help them do so.

Tags: board of health,   permitting,   tobacco regulations,   waste collections,   

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Lanesborough Looks to the Future of Zoning Bylaws

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — The Planning Board is reviewing the town's zoning bylaws with an eye to amending zones to align with planning documents and projects. 

Members started at last week's meeting to at priority zoning projects that align with the Open Space and Recreation Plan and the Master Plan that was adopted last year. Earlier in the meeting, the board accepted the Berkshire Regional Planning Commission's draft of the OSRP, which the Select Board accepted late last month.

Town planner Andrew Groff informed the board of upcoming projects that will need to be looked at for zoning purposes to try and stay ahead of the bylaws that aligned in both the OSRP and Master Plan.

"Principally, would be going back and thinking about this idea of a mixed-use zoning district for the northern part of town that's responsive to the growth of outdoor recreation as it is really an industry. So you've got Shaker Ridge, you've got the folks at Donnybrook that proposes a glamping resort, Ramble Wild, and Brodie Mountain just over the town line in New Ashford with some new ownership and expanded interest in some development there, so that's one item that's called for in both."

Groff also explained they need to look into agriculture zones to help local farmers 

"Seeing if we can't do something to better support our farms because we have a couple great little farm clusters in Lanesborough. You know, zoning for agriculture is pretty expansive in Massachusetts. The exemption for agriculture is pretty wise, but we want to take a closer look and talk to some of our farmers and figure out there's some tweaks we can do that would make their lives easier."

He also brought up how they can help fix the zoning bylaws around the lake that are nonconforming and want to look into grant funding to help.

"Work that's going to be done to further protect Pontoosuc Lake, and we have a lot in our master plan regarding the zoning issues on Pontoosuc from the issue that you had mentioned to me, bringing back the citizens who were concerned about building heights down there, but you know, more fundamentally identified in the master plan is the problems with how everything is basically nonconforming. The zoning doesn't conform to what the actual built environment is. That's something we probably want to look into talking with folks in the community planning office," he said.

Groff mentioned there is a ballot question that, if it passes, would mean changing zoning regarding public water and sewer, and affect properties near the lake. 

"There is going to be on the ballot in November a question that will essentially require any community in Massachusetts that has built an environment that's on public water/sewer, you're going to have to reduce your lot sizes to 5,000 square feet. So I feel like if that passes, that has massive implications for that part of town. So, just another one to put out there, but maybe we want to wait to really tackle that with some grant funding once we know what the Legislature's done."

Chair Leanne Yinger said she lives in that area and it already seems very congested, meaning that the passage of the ballot question could have big implications.

She also mentioned another implication for the health of the lake she would like to see happen.

"I would like to see us ban pesticides and people treating their lawns," she said. "Part of the problem of the health of the lake is that when I say that out loud, and I'm saying it out loud to anybody who will listen to me, it is not a popular thing to say. But it is killing the lake."

Yinger said she would like to clarify who governs the sewer system around Pontoosuc Lake, noting the new owner of a friend's house needed to purchase access to the sewer from a private party. Groff said he couldn't remember if it is water district or town, but that there is something "funky" about the governance over there.

"I need to understand what that looks like, because the way it came down was interesting. The line comes in from Pittsfield, but there are people claiming that they have rights to it because they bought into it originally. I just want to understand what that's like and who's saying you're in charge with it, because it seems to me that that's a town-managed situation," Yinger said.

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