Pittsfield City Council Moves Marijuana Amendment to Subcommittee
PITTSFIELD, Mass. — City Council sent a list of items to departments and subcommittees including an outdoor marijuana cultivation amendment to Ordinance & Rules.
City Council moved through its business quickly Tuesday and, in just over a half-hour, moved on some lingering petitions and addressed some new ones.
One of the more notable petitions was the outdoor marijuana cultivation amendment that would limit growth in neighborhoods.
In February, the Community Development Board acted on a petition from Councilor at Large Earl Persip who wanted to restrict outdoor marijuana cultivation in residential areas.
The board looked at different zoning amendment scenarios with different minimum lot sizes, different setbacks, and elimination from specific zones. As the restrictions ramped up, cultivation was pushed farther out of the city and the board was hesitant to all but eliminate outdoor cultivation in certain zones.
Instead, it compromised and recommended an amendment that would allow outdoor marijuana cultivation in residential districts as long as they are 500 feet away from homes.
Ordinance & Rules will review the amendment in April.
The council briefly touched on COVID-19 and sent a petition from Ward 1 Councilor Helen Moon asking for an overview of the city’s response plan for the virus to Public Health and Safety.
Moon, who did not attend the meeting because she was feeling ill, had Council President Peter Marchetti read a statement:
"With the news of COVID-19 in our community, I think it is important for the city to take a proactive approach ... I would like this to be referred to Public Health and Safety so that the Public Health Department can give the council and residents the plan forward."
Last weekend, Berkshire Medical Center confirmed that a patient has tested as presumptive positive for COVID-19. Since then, communities have taken precautions such as shutting down public buildings for deep cleaning.
The council referred a second petition from Moon to the same committee requesting a presentation on opioid use disorder in the city.
The council referred a communication from the Traffic Commission to implement alternate side parking to the public works commissioner for further review.
Alternate side parking is a traffic law that dictates which side of a street cars can be parked on a given day. Its proponents say it allows for more efficient seasonal cleanup and can improve better traffic flow.
The council did have some questions about how the new parking situation would be enforced or if it would be cost-effective.
Public Works Commissioner Ricardo Morales said he thought some form of alternate parking would be more enforceable and more efficient but these details have to be worked out.
"It may not be the right thing but I think we can agree that what we have now is not working," he said. "It is all on the table."
The City Council received a communication from the Traffic Commission to create a "No Parking Zone" on the east side of McKay Street with a possible bump out. This was sent to Public Works for review.
The council tabled an allocation of $150,000 from the Pittsfield Economic Development Fund to go toward the purchase of equipment needed to open the proposed brewery and restaurant on North Street.
Earlier this month, Robert Trask, who plans to open the proposed 41 North Tap Room, went before the City Council's Committee on Community and Economic Development to request the allocation.
Although not discussed, within the council packet was some follow up from the city's Conservation Agent Rob Van Der Kar about the proposed John's Building Supply expansion project, which had raised some conservation concerns.
He wrote although mitigation is needed, he anticipates full cooperation with the applicant.
"Please know that this office fully expects the continued cooperation of the applicant and will ensure that complete enforcement of the violation is fulfilled," Van Der Kar wrote. "It is also the intent of this office to sign-off on the building permit application following the issuance of the Enforcement Order, but before site restoration is completed, that would allow work to commence at 850 Crane Avenue."
Last month, the Finance Committee approved a five-year tax increment financing agreement with John's Building Supply providing it some tax relief for the construction of a new 8,000 square foot retail and office space at 850 Crane Ave.
During the meeting, there was some concern about wetland encroachment but Director of Community Development Deanna Ruffer said the Van Der Kar was working with John's Building Supply to rectify any issue and that no violation had been issued.
In a memo, Van Der Kar wrote it was found that the work proposed was not located within an area subject to the jurisdiction of the Massachusetts Wetlands Protection Act, however, an area bordering the parcel had undergone some recent activity without authorization.
He wrote that it was confirmed that this work had been done by John's Building Supply and after further surveying, it was found that 80 cubic yards of fill had been placed within the area within 33 feet of an on-site "Bordering Vegetated Wetland."
The office refrained from signing off on a building permit and will be issuing an enforcement order to remove the fill material and restore the vegetation in the buffer zone, he wrote.
• The council appointed Councilor at Large Yuki Cohen to the Cultural Development Board and Kimberly Loring to the Board of Health.
• The council accepted the donation of a used RAD, or "Rape,Aggression, Defense," suit from Williams College to the Police Department. It is valued at $700.
• The council authorized the mayor to finalize and execute an Affordable Housing Restriction from the Central Berkshire Habitat for Humanity. This is in relation to $90,000 in Community Preservation Act funds the council awarded to a housing project at 52-62 Gordon St. in 2019.
• The council accepted a grant of $3,750 from the Massachusetts Office of Health and Human Services.
