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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Capeless Students Raise $5,619 for Charity
By Breanna SteeleiBerkshires Staff
PITTSFIELD, Mass. — Students at Capeless Elementary School celebrated the season of giving by giving back to organizations that they feel inspired them.
On Monday night, 28 fourth-grade students showed off the projects they did to raise funds for an organization of their choice. They had been given $5 each to start a small business by teachers Jeanna Newton and Lidia White.
Newton created the initiative a dozen years ago after her son did one while in fifth grade at Craneville Elementary School, with teacher Teresa Bills.
"And since it was so powerful to me, I asked her if I could steal the idea, and she said yes. And so the following year, I began, and I've been able to do it every year, except for those two years (during the pandemic)," she said. "And it started off as just sort of a feel-good project, but it has quickly tied into so many of the morals and values that we teach at school anyhow, especially our Portrait of a Graduate program."
Students used the venture capital to sell cookies, run raffles, make jewelry, and more. They chose to donate to charities and organizations like St. Jude Children's Research Hospital, Berkshire Humane Society and Toys for Tots.
"Teaching them that because they have so much and they're so blessed, recognizing that not everybody in the community has as much, maybe not even in the world," said Newton. "Some of our organizations were close to home. Others were bigger hospitals, and most of our organizations had to do with helping the sick or the elderly, soldiers, people in need."
Once they have finished and presented their projects, the students write an essay on what they did and how it makes them feel.
"So the essay was about the project, what they decided to do, how they raised more money," Newton said. "And now that the project is over, this week, we're writing about how they feel about themselves and we've heard everything from I feel good about myself to this has changed me."
Sandra Kisselbrock raised $470 for St. Jude's by selling homemade cookies.
"It made me feel amazing and happy to help children during the holiday season," she said.
Gavin Burke chose to donate to the Soldier On Food Pantry. He shoveled snow to earn money to buy the food.
"Because they helped. They used to fight for our country and used to help protect us from other countries invading our land and stuff," he said.
Desiree Brignoni-Lay chose to donate to Toys for Tots and bought toys with the $123 she raised.
Luke Tekin raised $225 for the Berkshire Humane Society by selling raffle tickets for a basket of instant hot chocolate and homemade ricotta cookies because he wanted to help the animals.
"Because animals over, like I'm pretty sure, over 1,000 animals are abandoned each year, he said. "So I really want that to go down and people to adopt them."
Kyzer and Cali are both poodles. Kyzer is the male and is 7 years old, and a little bigger than his sister Cali, who is a miniature of Kyzer and 8 years old.
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A 700-square-foot outdoor water attraction is planned for the 2.1-acre park at 30 John Street. City officials hope to have it operational by summertime.
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