DALTON, Mass. — The Zoning Board of Appeals gave Lipton Properties the green light to reopen 630 Main St. as 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. It had been a gas station dating back to the 1930s prior to that. 

 

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. 

 

With this approval, Lipton can now continue with his plans to invest approximately $3 million to revitalize and modernize the property to reopen it as a convenience store and gas station. 

 

The town's zoning enforcement officer previously 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. 

 

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.

 

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. 

 

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, Lipton demonstrated during the Zoning Board meeting. 

 

Whether or not the Planning Board will address this use in the future is not yet known however Select Board member John Boyle previously said that exclusion of the word gas station in the bylaw needs to be corrected. 

 

Lipton said he has spoken to some community members who are excited about 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."

 

According to Town Planner Janko Tomasic, concerns surrounding the proposed station centered around the need as there are already two other gas stations within walking distance from the one Lipton is proposing.

 

One resident who directly abuts the proposed gas station attended the public hearing to express concerns with the noise and lights that would come from the business and the business district as a whole. 

 

A local owner of a mini mart also attended the meeting with concerns surrounding how the gas station would impact their business. 

 

Prior to the Zoning Board meeting, the Select Board voted in favor of the administrative appeal, which zoning board members took into consideration during their decision making process. 

 

During a Traffic Commission meeting the day before the public hearing, the board voted to recommend that the business be one way on the west end.

 

Traffic Commission Chair William Drosehn said a two-way would be problematic especially since there has not been much traffic there in some time and the islands are going to be close to the road and there will not be a big turning radius. 

 

The board did not foresee a big impact on traffic. Although unlikely, with any luck, the gas station might reduce the choke points caused by the two other gas stations, Drosehn said.