Dalton ZBA OKs Gas Station Appeal

By Sabrina DammsiBerkshires Staff
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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. 

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Dalton Board Signs Off on Land Sale Over Residents' Objections

By Sabrina DammsiBerkshires Staff

Residents demanded the right to speak but the agenda did not include public comment. Amy Musante holds a sign saying the town now as '$20,000 less for a police station.'
DALTON, Mass. — The Select Board signed the sale on the last of what had been known as the Bardin property Monday even as a handful of residents demanded the right to speak against the action. 
 
The quitclaim deed transfers the nine acres to Thomas and Esther Balardini, who purchased the two other parcels in Dalton. They were the third-highest bidders at $31,500. Despite this, the board awarded them the land in an effort to keep the property intact.
 
"It's going to be an ongoing battle but one I think that has to be fought [because of] the disregard for the taxpayers," said Dicken Crane, the high bidder at $51,510.
 
"If it was personal I would let it go, but this affects everyone and backing down is not in my nature." 
 
Crane had appealed to the board to accept his bid during two previous meetings. He and others opposed to accepting the lower bid say it cost the town $20,000. After the meeting, Crane said he will be filing a lawsuit and has a citizen's petition for the next town meeting with over 100 signatures. 
 
Three members of the board — Chair Robert Bishop Jr., John Boyle, and Marc Strout — attended the 10-minute meeting. Members Anthony Pagliarulo and Daniel Esko previously expressed their disapproval of the sale to the Balardinis. 
 
Pagliarulo voted against the sale but did sign the purchase-and-sale agreement earlier this month. His reasoning was the explanation by the town attorney during an executive session that, unlike procurement, where the board is required to accept the lowest bid for services, it does have some discretion when it comes to accepting bids in this instance.
 
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