Gallery Owner Caught in Site Plan Debate

NORTH ADAMS, Mass. — A man trying to an open art gallery found himself in the midst of an ongoing dispute Monday night over how businesses should be permitted in the city.

The Planning Board has been accepting letters of intent for conforming businesses opening in the appropriate zones but some planners and councilors think those businesses should be required to go through a more extensive site plan review. And if businesses don't need Planning Board approval, then why, asked others, is the board even getting letters?

Timothy Tague, son of the late photographer Bill Tague, who wants to open an art gallery at 16 Eagle St., became the case in point when Planners Joseph Gniadek and Wayne Wilkinson complained that his letter was skimpy on facts and "more like a memo."

"We have two letters tonight, both of who give very little in content whatsoever," said Wilkinson. "At least when we were doing site plan reviews, we would get specific information on signage, specifics on other items that were necessary — hours of operation, what they were going to be doing. 

"We're really getting, 'Hi, I'm opening for business.'"

Building Inspector William Meranti said the determination of who requires a site plan review was made through his office and in consultation with the Office of Community Development. With the administrative officer position still vacant, Meranti said he's been left to decide whether there's a change of use that the Planning Board should review.

"In this case, the determination is that it does not," he said of Tague's gallery. "This letter is simply for your information. Everyone that I've requested to send us something has sent us something at various stages."

How much information is provided varies, he said. "Typically, what I ask for are the bullet points on our checklist."

Planner Brian Miksic asked if something could be put together to elicit more information, even if only as a courtesy.

"If they are a by-right use and are not required by law to come before the Planning Board, what right do we have to tell them what information to bring to us," said Chairman Michael Leary. "That's the queston I would have."

It's also a question of money. Business owners submitting site plans are charged about $120 and must provide a package of parking, interior layouts, signage, hours, number of employees, and other information that once recorded can only be changed by petition to the board.

A confused Tague said he'd submitted what he thought was needed — he wasn't sure what his hours would be and he hadn't decided on a name yet. "Call it the Tague Gallery, if that's the name you want to give it," he said.

"I'm rehabbing the space ... it's time-consuming so I don't expect I'll be ready to open before June, maybe in May," he said. "That's as close as I can get for hours, probably later morning to early evening and closed on a weekday."

Planners said their complaints weren't specific to Tague but about the process.

Councilor Marie Harpin, liasion to the Planning Board who was sitting in the audience with Councilor Alan Marden, objected that the city was violating proper procedures by not following the site plan review process.

Harpin, who raised the issue at a City Council meeting two weeks ago, said the site plan review is supposed to be required at all times. Meranti said they'd discussed the issue before and "that's not the way it is."

Miksic noted the matter is before the city solicitor at the City Council. Harpin responded, "We should be going on the ordinances that are on the books until we get a ruling from the solicitor."

Chairman Michael Leary cut off discussion, saying the issue was already in the appropriate forum.

"We have been going by the recommendations of the city's Community Development Office, which issued recommendations when Mr. [Jay] Green was here based on his legal expertise in the area," he said.

In the end, the board voted 6-2 to accept Tague's letter and that from Sara Stefanik to open a social media and Internet consulting office at 47 Eagle St., with Wilkinson and Gniadek voting no. The vote had no bearing on either business's opening. Planner Donald Keagan was absent.

In other business:

• The board voted to approve 30 parking spots for customer vehicles for Berkshire Transmissions Inc. on condition owner Mark Piechowski remove a dozen unregistered vehicles parked behind a fence on the 758 Massachusetts Ave. property within the next 120 days.

Piechowski had requested more parking spots last month. A spike in customers had led to an overflowing lot of up to 40 vehicles, he said. "It's the most I've had in five years."

Planners had visited the site shortly before Monday's meeting. While they did not want to make it difficult for him to do business, they said the number of unregistered vehicles set aside for parts plus the trailers being used for parts storage were in violation of city ordinance.

The vehicles would have to be "completely hidden from public view," said Meranti. "Where you are it would be very difficult unless they were in a garage."

• The board signed a previously approved Form A mylar plan from Fred Thompson for American Financial Resources Inc. for property located on the westerly side of Brown Street, southerly side of Massachusetts Avenue and River Street, northerly of the Boston & Maine Railroad right of way that describes the existing parcels.

• The proliferation of businesses at the Beaver Street Mill that have not appeared before the board and the condition of the car wash behind Monroe Muffler were referred to the compliance committee.