Lipton wants to invest $3 million in the old Mobil gas station on Main Street, but the ZBA has ruled that 'gas station' is not a recognized use in that zone.
Lipton Appealing Dalton Code Enforcement Ruling on Gas Station
DALTON, Mass. — A public hearing on Nov. 12 will determine whether the new owners of 630 Main St. can proceed with their plan to reopen a gas station.
The location has been an automotive repair shop, Miller's Service, for several decades until its owner, Darren Miller, sold it to Lipton Properties in February 2024 for $500,000.
Lipton Properties agreed to purchase the property provided the environment was in good condition, and the garage lifts and unused underground tanks were removed, said Michael Lipton, president of Lipton Inc.
The tanks had to be removed to comply with the state Department of Environmental Protection's requirements. The agreement also included Lipton's intention to later install new tanks in the same location as the removed ones.
This plan was hindered after the town's zoning enforcement officer denied Lipton's zoning use with an opinion citing the proposed use for "bulk storage and/or sale of petroleum products" are not allowed in a B-2 zoning district and "gas station" is not a recognized use.
Although "bulk storage and/or sale of petroleum products" are not allowed in that zoning district, the property has been operating in this capacity since 1934, so is considered a pre-existing nonconforming use, Lipton said in the Zoning Board of Appeals application.
According to Exhibit A from the town, "The property has been used as a gas station in the past, but during the last five years … I have not observed the property being used in such a manner. It has been a Massachusetts vehicle inspection station."
The argument from the building inspector is that bulk fuel sales had stopped but this determination is incorrect as Miller was selling bulk fuel right up until he sold the property, according to Lipton.
"They never did stop selling bulk fuel. A 55-gallon drum of oil is considered bulk fuel and [Miller] regularly purchased these and then resold it. So, he had never stopped selling bulk fuel," Lipton said.
Lipton filed an administrative appeal to the ZBA. If approved, Lipton will continue its plans to invest approximately $3 million to revitalize and modernize the property to reopen it as a convenience store and gas station.
The property had been a Mobil gas station and service station for decades, known as Culverwell's Mobil station for nearly 30 years until it was demolished and the current structure built in 1970 as Dalton Mobil. Mobil's request to demolish it and build a larger station and canopy was rejected in 1990. Miller purchased the property in 1996.
Lipton said he has spoken to some community members who are excited about their plans to redevelop the property.
If approved, "it's going to get rid of an eyesore that's sort of there now. It's going to provide jobs, probably I would say at least eight new jobs," Lipton said.
"We're investing approximately $3 million in this location, if we're permitted to do so. So, that alone, I think, will be nothing but a positive for the town."
Lipton Inc. currently operates nine other gas stations, with seven located in Berkshire County, one in Greenfield, and one in Brattleboro, Vt.
During the Select Board meeting on Monday, the board voted in favor of the administrative appeal. This vote will be taken into consideration during the public hearing, during which the Zoning Board will make a final determination.
"Three gas stations that have been allowed in Dalton in the last several years, yet a place that's been there for 90 years is not allowed anymore, because there's no mention of gas station in the zoning bylaw as a use," Select Board member John Boyle said.
The exclusion of the word gas station in the bylaw needs to be corrected, he said.
Board members agreed and subsequently voted in favor of supporting the administrative appeal.
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State Housing Secretary Tours Downtown Pittsfield Developments
By Brittany PolitoiBerkshires Staff
PITTSFIELD, Mass. — The state's new secretary of the Executive Office of Housing and Livable Communities on Monday saw how local developers are transforming historic buildings into downtown housing units.
Secretary Juana Matias, appointed to the role in February, toured the former St. Joseph's High School on Maplewood Avenue and the near-complete Wright Building Block on North Street.
Matias observed local leaders working collaboratively to dismantle bottlenecks in housing production, something she said the administration wants to see across all 351 municipalities.
"This is a perfect model of the partnerships we want to see, and we love coming to the ground and seeing how people are leveraging public taxpayer dollars to help address the issue of our time, which is housing production," she said after the tours.
Developer David Carver, of Scarafoni Associates & CT Management Group, is seeking support from the state Housing Development Incentive Program to transform St. Joe's into apartments, and Allegrone Companies has secured millions from the program towards the Wright Building renovation.
They first visited the shuttered school that functioned as a shelter during the onset of the COVID-19 pandemic, greeted by broken windows and leaving with Carver's vision.
The plan is to transform the school with good bones into 19 apartments, 20 percent designated affordable, and 30 percent of the building for commercial use. Units are expected to cost between $1,700 and $1,900 per month; 14 one-bedroom units and five two-bedroom units are planned.
The project team is in talks with the nearby Berkshire Family YMCA to expand their childcare activities to the building's lower level. Residents and the daycare would use different entrances.
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