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Pittsfield ZBA Approves Marijuana Retailer Plan Changes

By Jack GuerinoiBerkshires Staff
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PITTSFIELD, Mass. — The Zoning Board of Appeals has approved some changes to a proposed marijuana retail and cultivation facility on West Street.
 
Pure Botanicals LLC plans presented plans last week to build a two-story structure at 239 West St. to facilitate retail, storage, and office space.
 
"Good luck and this is a difficult process for all those involved but we will work through this," Chairman Albert Ingegni III said.
 
The board already approved a site plan that focused the operation in an existing structure on the property. The company planned to use 7,000 square feet of a 13,000-square-foot existing structure. The front of the building is currently used as a medical parts manufacturer and Pure Botanicals looked to work out of the back of the building.
 
Pure Botanicals now wants to construct a two-story, 1,800-square-foot premanufactured quonset hut that will house retail on the first floor and storage and office space on the second floor.
 
The owners elected to make this change to avoid a steep grade that may be difficult for patrons to ascend at the back of the existing structure.
 
Also, by moving aspects of the business to a new structure, they can use all of the 7,000 square feet in the existing structure for cultivation. Pure Botanicals plans to add two more 200-square-foot cultivation rooms.
 
Other than that, Pure Botanicals looks to hire the same amount of employees, need the same amount of parking, and expects the same amount of traffic and has not deviated from the original special permit that was granted.
 
The amendment was also approved by the Community Development Board.
 
Board member John Fitzgerald asked if the project was signed off on by the building inspector, which it was not.
 
"I have a little difficulty if this has not gone before the building inspector," he said. "I don't want to give you permission to build ... and get something that we never actually looked at."
 
Nate Joyner, permitting coordinator, said building permits typically are not applied for until after ZBA approval is granted. He added that the premanufactured buildings are already designed to code. 
 
Also, Pure Botanicals cannot actually receive the blueprints from the manufacturer until it purchases the structure.   
 
The Zoning Board of Appeals did add this as a condition and the permit will be contingent on building inspector approval.
 
The other concern was odor and Fitzgerald felt that with more cultivation, it would have to change the plans for more odor mitigation.
 
"I think the plans should be submitted to an independent study," he said. "How will you upgrade air quality. This is based on a system that was for a smaller cultivation."
 
Pure Botanicals uses modular systems so each 200-square-foot room would have its own filtration system.
 
This was a second condition placed on the permit. If an issue over odor does arise in the neighborhood, Pure Botanicals must become before the board to discuss mitigation. 
 
Fitzgerald had an overarching concern about the city's position in enforcing odor issues and what can be done if it can't be mitigated. He then aired his concerns that odor would inevitably escape and effect the neighborhood.
 
"They had a good quality of life and all of the sudden you build your building there now there is a certain whiff in the air," he said.
 
Board member Esther Bolen said this issue, among others, has already been hashed out in the original special permit granting. She added that no one from the neighborhood was at Wednesday night's meeting to speak in opposition.

Tags: ZBA,   marijuana,   

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State Fire Marshal: New Tracking Tool Identifies 50 Lithium-Ion Battery Fires

STOW, Mass. — The Massachusetts Department of Fire Services' new tool for tracking lithium-ion battery fires has helped to identify 50 such incidents in the past six months, more than double the annual average detected by a national fire data reporting system, said State Fire Marshal Jon M. Davine.
 
The Department of Fire Services launched its Lithium-Ion Battery Fire Investigative Checklist on Oct. 13, 2023. It immediately went into use by the State Police Fire & Explosion Investigation Unit assigned to the State Fire Marshal's office, and local fire departments were urged to adopt it as well. 
 
Developed by the DFS Fire Safety Division, the checklist can be used by fire investigators to gather basic information about fires in which lithium-ion batteries played a part. That information is then entered into a database to identify patterns and trends.
 
"We knew anecdotally that lithium-ion batteries were involved in more fires than the existing data suggested," said State Fire Marshal Davine. "In just the past six months, investigators using this simple checklist have revealed many more incidents than we've seen in prior years."
 
Prior to the checklist, the state's fire service relied on battery fire data reported to the Massachusetts Fire Incident Reporting System (MFIRS), a state-level tool that mirrors and feeds into the National Fire Incident Reporting System (NFIRS). NFIRS tracks battery fires but does not specifically gather data on the types of batteries involved. Some fields do not require the detailed information that Massachusetts officials were seeking, and some fires may be coded according to the type of device involved rather than the type of battery. Moreover, MFIRS reports sometimes take weeks or months to be completed and uploaded.
 
"Investigators using the Lithium-Ion Battery Fire Checklist are getting us better data faster," said State Fire Marshal Davine. "The tool is helpful, but the people using it are the key to its success."
 
From 2019 to 2023, an average of 19.4 lithium-ion battery fires per year were reported to MFIRS – less than half the number identified by investigators using the checklist over the past six months. The increase since last fall could be due to the growing number of consumer devices powered by these batteries, increased attention by local fire investigators, or other factors, State Fire Marshal Davine said. For example, fires that started with another item but impinged upon a battery-powered device, causing it to go into thermal runaway, might not be categorized as a battery fire in MFIRS or NFIRS.
 
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