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The Selectmen, meeting as the Mobile Home Rent Control Board, rejected a steep increase at Pine Valley, handing the owners only 5 percent of what they requested.

Cheshire Rent Control Board Denies Huge Increase

By Jack GuerinoiBerkshires Staff
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CHESHIRE, Mass. — The Mobile Home Rent Control Board set a $7.46 monthly increase for Pine Valley Mobile Home residents — 95 percent less than what the park owners had asked for.

The Selectmen, acting as the rent control board, were met with cheers after making their ruling Monday night and denying Morgan Management its $145 proposed increase that would have rocketed the current rent of $256 to $401.

"I am relieved," board member Robert Ciskowski said. "We could get it to the very penny but we would be into next January, and I think it is beyond our capability to do much more with this."

Morgan Management sent a letter to the Selectmen earlier this year proposing the increase. The letter stated the increase was needed to support capital projects, increases in utilities and payroll, and legal counsel fees connected to capital improvements and maintenance.

The tenants' attorneys vied for a decrease in rent of $48, but the rent control board felt more comfortable with a total $263.56 a month.

The board members ran through their calculations and Ciskowski said he was surprised by how close they were.

"We are extremely close on this ... it's amazing," he said. "We did this independently, and I think we are on the same heading here."

Board member Carol Francesconi suggested backing out $15,610.92 in environmental counseling and permitting fees because she felt they were directly connected to the state-mandated septic upgrade project.

Ciskowksi agreed and pulled out a similar amount of $15,554.

He said a letter included in the documents from New England Environmental stated that the ground water discharge permit was connected to the project.

"The evidence from New England Environmental said the permit is based on the septic upgrade, and I don't think it should be in there," Ciskowski said.

Morgan asked that other fees, including legal fees, be represented in a $89,486 outlay covered by the tenants.  

The rent control board stuck closer to the tenants' attorney's numbers that backed out many of the legal fees they felt were connected to the septic upgrade, appeals, or law suits the tenants were not responsible for.

Ciskowski and board member Paul Astorino took numbers directly from the attorneys: $47,145. Francesconi backed it down a little more to $39,460.

"I am not a forensic accountant but I went with that," Ciskowski said. "I just think the argument that the tenants' attorney made ... was very logical to me so I went with that."

The board also tied in applicable capital improvement costs made to the park's roads.

The board did not touch payroll. Morgan asked for an increase for an additional employee, however the board felt there was not enough evidence to justify hiring anyone else or decreasing payroll.

All in all, the board members' bottom line numbers were close with only a $3,000 gap. Francesconi suggested splitting the difference.

Ciskowski urged the board to go with one number so if the increase is appealed it won't be sent back to the board because of arbitrary cuts. He said this has happened to the town in the past.

"I think we should pick one or the other, and I think if we split the difference and if it gets appealed, this could get thrown back at us," he said. "I would rather be unified on this."

The board agreed to go with Francesconi's numbers.

Tenants rent cannot be increased until they are sent a notification by mail. 


Tags: mobile home park,   rent control,   

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Lanesborough Planners Bring STR, ADU, Signage Bylaws for Town Vote

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — The Planning Board held a public hearing on the much anticipated bylaws for short-term rentals, accessory dwelling units, and signage to be presented at the annual town meeting.

For the past few months, planners have diligently been working on wordage of the new bylaws after Second Drop Farm's short-term rental was given a cease and desist because the building inspector said town bylaws don't support them.

The draft bylaw can be found on the website.

The board voted on each of the four articles and heard public comment before moving to entertain any amendments brought forward.

A lot of discussion in the STR section was around parking. Currently the drafted bylaw for parking states short-term rentals require two parking spaces, and with three or more bedrooms, require three spaces but never more than five.

There were questions about the reasons for limiting parking and how they will regulate parking renters choose to park on the lawn or the street. Planners said it is not their call, that is up to the property owner and if it is a public street that would be up to the authorities.

Some attendees called for tighter regulation to make sure neighborhoods are protected from overflow.

Lynn Terry said she lives next to one of the rented houses on Narragansett Avenue and does not feel safe with all of the cars that are parked there. She said there can be up to 10 at a time on the narrow road, and that some people have asked to use her driveway to park. She thinks limiting to five cars based on the house, is very important.

The wordage was amended to say a parking space for each bedroom of the house.

Rich Cohen brought up how his own STR at the Old Stone School helps bring in money and helps to preserve the historic landmark. He told the board he liked what they did and wants to see it pass at town meeting, knowing it might be revised later on.

He said the bylaws now should not be a "one size fits all" but may need to be adjusted to help protect neighborhoods and also preserve places like his.

After asking the audience of fewer than 20 people, the board decided to amend the amount of time an short-term rental can be reserved to 180 days total a year in a residential zone, and 365 days a year in every other zone. This was in the hopes the bylaw will be passed and help to deter companies from buying up properties to run STRs as well as protecting the neighborhood character and stability.

They also capped the stay limit of a guest to 31 days.

Cohen also asked them to add "if applicable" to the Certificate of Inspection rule as the state's rules might change and it can help stop confusion if they have incorrect requirement that the state doesn't need.

The ADU portion did not have much public comment but there were some minor amendments because of notes from KP Law, the town counsel.

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