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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PEDA Site 9 Preparation, Member Retirement
By Breanna SteeleiBerkshires Staff
PITTSFIELD, Mass. — The redevelopment of Site 9 for mixed-use in the William Stanley Business Park is set to take off.
Edward Weagle, principal geologist at Roux Associates, gave an update on the yearlong work to the Pittsfield Economic Development Authority last week.
"It's been a real pleasure for me to work on a project like this," he said. "This is kind of like a project of a career of a lifetime for me, and I'm very pleased to see that we're just at the finish line right now. My understanding is that all the documents are in front of the commissioner, waiting for her to sign off."
Mill Town Capital is planning to develop a mixed-use building that includes housing on the site. Roux, headquartered in Islandia, N.Y., was hired assist with obtaining grant financing, regulatory permitting, and regulatory approvals to aid in preparing the 16.5-acre site for redevelopment. Approximately 25,000 cubic yards of concrete slabs, foundations, and pavements were removed from the former GE site.
Once the documents are signed off, PEDA can begin the work of transferring 4.7 acres to Mill Town. Weagle said the closing on this project will make it easier to work on the other parcels and that he's looking forward to working on Sites 7 and 8.
PEDA received a $500,000 Site Readiness Program grant last year from MassDevelopment for Sites 7 and Site 8. The approximately 3-acre sites are across Woodlawn Avenue from Site 9 and border Kellogg Street.
In other news, the state Department of Transportation has rented the east side of the parking lot for CDL (Commercial Driver's License) training. This is an annual lease that began in September and will bring in $37,200 in revenue.
Lastly, the meeting concluded with congratulations to Maurice "Mick" Callahan Jr. on his retirement.
Callahan is a former chair and a founding member of PEDA, dating back to when the board was established in the 1990s. He has also served on a number of civic and community boards and has volunteered for many organizations in the Berkshires. He is the president of M. Callahan Inc.
"The one thing that's been a common denominator back is that you've always put others before yourself. You've served others well. You've been a mentor to two generations of Denmarks, and I'm sure many generations of other families and people within this city," said board Chair Jonathan Denmark. "We can never say thank you enough, but thank you for your services, for the creation of this board, your service to the city of Pittsfield, and to all the communities that you've represented and enjoy retirement."
"It wasn't always easy to be in the position that you were in Mick, but you handled it with so much grace, always respecting this community, bringing pride to our community," member Linda Clairmont said. "I could not have accomplished many of the things I did, especially here for this business part, without you all of the Economic Development discussions that we had really informed my thinking, and I'm so grateful."
Callahan left the team with a message as this was his final meeting, but said he is always reachable if needed.
"I also have to say that a lot of great people sat around this table and other tables before the current board, and the time that I had with Pam [Green] and Mike [Filpi] sticking around, the leadership of this mayor [board member Linda Tyer], and it really, it was always great synergy," he said.
"So don't be afraid to embrace change. And you know, you got a business model. It's been around long time. Shake it up. Take a good look at it, figure out where it needs to go, and you're lucky to have leadership that you have here."
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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