NORTH ADAMS, Mass. — Berkshire Medical Center is requesting an overlay district for the campus of the reopening North Adams Regional Hospital. 

 

The Hospital Avenue Overlay District would cover only the property off Hospital Avenue owned by BMC that includes the former hospital building, the Clark House, Doctor's Building and Ambulatory Care Center. 

 

The purpose of the overlay would be "to enhance and facilitate the provision of hospital and medical services in the City of North Adams and surrounding areas to permit by-right medical uses on the 29-acre parcel."

 

Specifically, it would abnegate the need for change-of-use applications for NARH or tenants within the existing structures for medical and support services. It also eliminates side-yard setbacks between buildings and sets the maximum building height to the tallest existing building in the overlay district and that the parking as it exists meets all parking requirements. 

 

Councilor Ashley Shade expressed concerns over the city's ability to review and inspect business changes. 

 

"Essentially this means zoning would allow a business to change or new business to open on the property without that inspection in perpetuity," she said. "I would not be in favor of that."

 

Vicki Donahue of Cain Hibbards & Myers, representing BMC, said it would eliminate the burden of having to go before the Planning Board every time is a change in physicians in an office. 

 

"We will have things like a certain medical office that's on campus, and we'll be replacing it with another medical office or another use that already will be permitted under this overlay," she said. "If we go from one doctor to another, it's the same use and there's no other impact, it's the same parking requirements, all those things are the same." 

 

If there was a concern about a building inspection every time it occurs, she thought that could be brought forward at the Planning Board hearing. 

 

North Adams Regional Hospital is expected to reopen with a limited number of beds next year. Donahue said BMC will continue to maintain some its services there such a renal dialysis. 

 

"We've been working with the mayor and the building inspector and [KP Law attorney] Joel Bard to create an overlay district," she said. "The way that the bylaw is structured now it contemplates kind of an antiquated definition of hospital which seems to suggest that there's 'a' hospital that's going to be operating in this district. So this overlay district will allow BMC and NARH and other providers to continue to provide their services there and have flexibility to do so."

 

The Planning Board and City Council will hold a joint public hearing on the hospital overlay proposal on Nov. 13 at 5:30 p.m. in Council Chambers. 

 

The council did pass a zoning change that would allow for parking in front of buildings in the downtown business zone after some discussion on whether the vote to publish two weeks ago was legal. City Councilor Marie T. Harpin, who did not attend the last meeting, said objected that a zoning change required a two-thirds vote of the full council; the zoning passed to a second reading 5-2. 

 

"When I called the lawyer of the day he thought that this should be sent to the solicitor for review for the vote itself because the vote is not two-thirds," she said. 

 

Councilor Lisa Blackmer asked if she had explained to the attorney that the city charter calls for two votes — one to pass to a second reading and be published and a second vote to adopt. Harpin responded that she had not. 

 

"We haven't actually taken any action except for notifying the public that we're about to do something," said Councilor Ashley Shade. "So I feel comfortable moving forward and tonight's vote would require the two-thirds."

 

Blackmer said they could still refer to the city solicitor and revote if necessary. Harpin argued that a revote would mean they couldn't bring it back for two years, pointing to where the charters says if an ordinance is "unfavorably acted upon." Blackmer said it would not be "unfavorable," it would be illegal and would require another vote. 

 

"I think it would be a good due diligence on the part of the city council to ensure that the vote was accurate and that we're passing in ordinances based on Massachusetts General Law and under the recommendations of our solicitor as requested," said Harpin. 

 

Blackmer responded that Harpin "could have shot the mayor me or somebody in email saying, 'hey, this is what I heard.' And we could have done that before we brought it tonight and save some time and possibly money. And, OK, but that's fine."

 

Harpin also asked if the Planning Board had reported its recommendation to the City Council; Councilor Wayne Wilkinson said yes, orally, and Blackmer, a member of the Planning Board, reported that the board had voted for the amendment.

 

The council moved forward to vote to pass the ordinance 6-3, with Harpin, Shade and Councilor Jennifer Barbeau voting nay. 

 

In other business:

 

• The council postponed to the first meeting in November proposals to remove fees from the ordinances and set them in appendix and to raise certain fees, and to repeal certain parts of the secondhand dealer ordinance until they are reviewed by the city solicitor, including whether secondhand dealer licensure could or should be repealed as well. 

 

• The council adopted fees for short-term rental units at $200 each for inspection and annual fee for owner-occupied buildings and $350 each for inspection and annual fee for non-owner occupied. The adoption of the fees had been postponed from September to allow for them to be submitted as a proper order.

 

• Mayor Jennifer Macksey declared the month of October as LGBTQ History Month.

 

• The council affirmed the appointment of James Haskins to the Airport Commission for a term to expire Oct. 25, 2026, and Woodrow Boillat to the Conservation Commission to fill the unexpired term of Elena Traister to expire Aug. 1, 2024.