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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

By Sabrina DammsiBerkshires Staff
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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. 

Tags: ZBA,   gas station,   

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Watch for Runners Near BCC on Thanksgiving Morning

Community submission
PITTSFIELD, Mass. -- The ninth annual MountainOne Thankful 5K will be held on Thursday, Nov. 28, at 9 a.m. at Berkshire Community College.
 
The event will have runners and walkers completing a 5-kilometer course that will travel along West Street, thru the Berkshire Community College property out along West Street to Meadowridge and along the Woodland Drive cul-de-sac before returning to West Street and finishing in the Patterson Fieldhouse Parking Lot.
 
Residents are asked to use caution and reduced speeds when traveling along these roads between the hours of 8 and 10 a.m. on Thursday. Pittsfield Police will be along the course to ensure safe passage of all the participants.
 
The Berkshire Running Foundation hosts the annual event in which proceeds are donated to the South Community Food Pantry. The organizers also encourage participants to donate nonperishable food items that will also be brought to the pantry to help ease the challenges of food insecurity in our community.
 
In person registration and bib pick up will be Wednesday from 10 a.m. to 4 p.m. at Berkshire Running Center, 5 Cheshire Roard in the Allendale Underground, Pittsfield.
 
“We are thrilled to have a record setting number of registered participants for this year’s event," Berkshire Running Foundation Executive Director Siobbean Lemme said. "With over 600 registered walkers and runners this will be the largest Thanksgiving run in the Berkshires history.”
 
“This is becoming a family tradition and holiday favorite for our community to give back to those of our neighbors in need, on a day when many of us have more than enough.”
 
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