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.
If you would like to contribute information on this article, contact us at info@iberkshires.com.
Your Comments
iBerkshires.com welcomes critical, respectful dialogue. Name-calling, personal attacks, libel, slander or foul language is not allowed. All comments are reviewed before posting and will be deleted or edited as necessary.
No Comments
TIF Proposed for Unistress Expansion
By Brittany PolitoiBerkshires Staff
PITTSFIELD, Mass.— Additional support for a longtime local concrete business is on Tuesday’s City Council Agenda.
Mayor Peter Marchetti has proposed a ten-year tax increment financing agreement for Unistress Corporation's $4 million expansion, which is expected to create 50 new jobs.
With a TIE, the company would pay about $653,000 in property taxes over the next decade, starting at 100 percent forgiveness in the first year (about $24,000) and ending at 10 percent forgiveness (about $2,750) in 2035.
The property's base value in fiscal year 2025 is $1,294,700, and the completed market value is $1,920,100. The $625,400 increment will see ten percent less forgiveness each year.
In his communication to councilors, Marchetti explained that Unistress has a long history of doing business in the city as a manufacturer of precast/prestressed concrete products.
"Unistress products are used in the construction of concrete structures, including parking garages, bridges, stadiums and microchip plants throughout the Northeast," he wrote.
"Unistress is one of the only precast microchip experts in the Northeast. To meet the growing needs of this expanding market, Unistress is expanding their current facility in Pittsfield by adding 15,510 square feet of additional manufacturing space. This facility expansion is estimated to create approximately 50 multi-skilled work positions. These positions have an average annual salary of $49,920 with extensive benefits including health care, pension and annuity benefits."
The company has projected a $4,150,750 capital investment expansion that includes soft costs, construction, utility and infrastructure improvements, and the purchase of two large overhead crane systems.
The event featured various activities, including a fire pit, sledding, s’more-making, a sled design contest and race, and more snowy activities. click for more
Mary Summers has turned one million pounds, more than 500 tons, of organic waste into compost. She hopes to triple that in the next two years. click for more
Six area basketball teams made it to the final game of the six divisions – three boys and three girls – where county schools are classified in Western Mass. click for more