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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Social Service Organizations Highlight Challenges, Successes at Poverty Talk
By Brittany PolitoiBerkshires Staff
Dr. Jennifer Michaels of the Brien Center demonstrates how to use Narcan. Easy access to the drug has cut overdose deaths in the county by nearly half.
PITTSFIELD, Mass. — Recent actions at the federal level are making it harder for people to climb out of poverty.
Brad Gordon, executive director of Upside413, said he felt like he was doing a disservice by not recognizing national challenges and how they draw a direct line from choices being made by the Trump administration and the challenges the United States is facing.
"They more generally impact people's ability to work their way out of poverty, and that's really, that's really the overarching dynamic," he said.
"Poverty is incredibly corrosive, and it impacts all the topics that we'll talk about today."
His comments came during a conversation on poverty hosted by Berkshire Community Action Council. Eight local service agency leaders detailed how they are supporting people during the current housing and affordability crisis, and the Berkshire state delegation spoke to their own efforts.
The event held on March 27 at the Berkshire Athenaeum included a working lunch and encouraged public feedback.
"All of this information that we're going to gather today from both you and the panelists is going to drive our next three-year strategic plan," explained Deborah Leonczyk, BCAC's executive director.
The conversation ranged from health care and housing production to financial literacy and child care. Participating agencies included Upside 413, The Brien Center, The Food Bank of Western Massachusetts, MassHire Berkshire Career Center, Berkshire Regional Transit Authority, Greylock Federal Credit Union, Massachusetts College of Liberal Arts, and Child Care of the Berkshires.
The federal choices Gordon spoke about included allocating $140 billion for the U.S. Immigration and Customs Enforcement, investing $38 billion to convert warehouses into detention centers, cutting $1 trillion from Medicaid over 10 years, a proposed 50 percent increase in the defense budget, and cutting federal funding for supportive housing programs.
Gordon pointed to past comments about how the region can't build its way out of the housing crisis because of money. He withdrew that statement, explaining, "You know what? That's bullshit, actually."
"I'm going to be honest with you, that is absolute bullshit. I have just observed over the last year or so how we're spending our money and the amount of money that we're spending on the federal side, and I'm no longer saying in good conscience that we can't build our way out of this," he said.
Upside 413 provided a "Housing Demand in Western Massachusetts" report that was done in collaboration with the University of Massachusetts at Amherst's Donahue Institute of Economic and Public Policy Research. It states that around 23,400 units are needed to meet current housing demand in Western Mass; 1,900 in Berkshire County in 2025.