N. Adams Council OKs Land Taking

By Tammy DanielsiBerkshires Staff
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Robert Foley
NORTH ADAMS – The City Council on Tuesday night approved the taking by eminent domain of a small parcel of land to ensure the success of the affordable housing project in the Clark Biscuit building.

Land owner Robert Foley cried foul, saying the $3,600 in compensation offered him didn't come close to the value.

"You're stealing people's property under the guise of a public purpose. We never got a legitimate offer," said Foley. "I object to it."

Foley said the approximately 124-foot-by-320-foot piece of land was worth up to $18,000 a year in rail siding fees and carries a $260,000 mortgage.

"Like beauty, it's in the eye of the beholder," Mayor John Barrett III said of Foley's claims. "Arch Street [Development] offered $20,000 and then $10,000; the city offered $4,200 based on the valuation of the land."

Foley had declined all offers, said Barrett, leading to the request for taking the land based on the assessor's land valuation; it's first offer was 25 percent higher as allowed by law.

The landlocked plot is one of two Ashland Street parcels purchased for $97,600 by the Interfaith Church of Cosmogony in 1997; the late William Foley, Robert Foley's father, was the church patriarch. Foley said he is treasurer of the church.



William Foley, who died in 2003, had headquartered the church on the property in the H.W. Clark Biscuit Co. building but lost it in 2004 when the city was awarded it in lieu of $24,000 in back taxes.

But the strip of land by the railroad line was not included in the taking for some reason.

The city sold the massive mill to Arch Street Development for $167,000 last month. The Needham firm specializes in rehabilitating old buildings and plans to invest $12 million to transform the mill into 43 affordable-housing units.

Critical to Success

The plot in the rear is critical to making the project a success, said the mayor. "In order for them to do work in this particular area, they need to get on the property, that means maintenance work as well as construction."

<L2>Foley said Arch Street had a "right of trespass" to access the rear of the building so the land didn't need to be taken. Barrett countered that when Arch Street had been doing work there, Foley had called the police.

Foley said he was worried about "hazardous waste" being dumped over his property. He also objected to claims that the parcel was landlocked, saying it could accessed through the back of the North Adams Transcript property and by rail.

"We were never made a legitimate offer for the property," he said.

Councilor Clark Billings said he could support the taking because "the public use purpose is to provide affordable housing. I can vote for this order."

Both he and Councilor Richard Alcombright wanted assurances that the city would not be held accountable for any mortgage on the property if it were to end up in court.

"I'm concerned about us taking this and having to pay that amount of money. Then that becomes a deal-breaker with Arch Street and we wind up with that debt," said Billings.

"Is this absolutely critical to the development?" asked Alcombright.

Barrett said the deal with Arch Street included either purchasing or taking the rear parcel and that Arch Street would be responsible for any judgements based on the land. "I think the city's been fair. We made every attempt to buy the property and be fair about it."<R3>

A search of electronic records at the Northern Berkshire Registry of Deeds found a mortgage statement attached to the property.

It states that North Adams Real Equity Trust had provided a mortgage of $260,000 to the Church of Cosmogony in 2005, with the parcel as security. However, there is no address given for North Adams Real Equity Trust and is not listed in the state corporations database.

Foley said the mortgage was from a "private bank" and legally binding. A fair price would take that into account, he said.

Barrett said there didn't appear to a record of any payments made on the mortgage and it was unclear who had provided the money and who had received it. He added that there was no record of any leasing payments by a railroad for use of the so-called siding.

Foley said the siding use was a "potential value" that hadn't been included in the assessment.

"I think the housing project is a good idea," said Foley, "But we were never given a good offer."

Name Change for Barbour

The council also approved 8-1 to change the name of a section of Barbour Street from State Road to the end of the Brayton Hill housing project to Brayton Hill Terrace effective June 1.

The change was recommended by the Public Safety Committee because of confusion over where residences were situated on Barbour Street, which becomes a "paper road" at the end of the housing project and the reappears some distance away.


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The confusion was hampering response by fire and police departments.

Billings voted against the change, saying the dispatchers should know the layout of the city. It would be easier to train first-responders, he said, than force the people on that section of Barbour Street to change their addresses on everything from licenses to bills.
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Berkshire County Homes Celebrating Holiday Cheer

By Breanna SteeleiBerkshires Staff

There's holiday cheer throughout the Berkshires this winter.

Many homeowners are showing their holiday spirit by decorating their houses. We asked for submissions so those in the community can check out these fanciful lights and decor when they're out.

We asked the homeowners questions on their decorations and why they like to light up their houses.

In Great Barrington, Matt Pevzner has decorated his house with many lights and even has a Facebook page dedicated to making sure others can see the holiday joy.

Located at 93 Brush Hill Road, there's more than 61,000 lights strewn across the yard decorating trees and reindeer and even a polar bear. 

The Pevzner family started decorating in September by testing their hundreds of boxes of lights. He builds all of his own decorations like the star 10-foot star that shines done from 80-feet up, 10 10-foot trees, nine 5-foot trees, and even the sleigh, and more that he also uses a lift to make sure are perfect each year.

"I always decorated but I went big during COVID. I felt that people needed something positive and to bring joy and happiness to everyone," he wrote. "I strive to bring as much joy and happiness as I can during the holidays. I love it when I get a message about how much people enjoy it. I've received cards thanking me how much they enjoyed it and made them smile. That means a lot."

Pevzner starts thinking about next year's display immediately after they take it down after New Year's. He gets his ideas by asking on his Facebook page for people's favorite decorations. The Pevzner family encourages you to take a drive and see their decorations, which are lighted every night from 5 to 10.

In North Adams, the Wilson family decorates their house with fun inflatables and even a big Santa waving to those who pass by.

The Wilsons start decorating before Thanksgiving and started decorating once their daughter was born and have grown their decorations each year as she has grown. They love to decorate as they used to drive around to look at decorations when they were younger and hope to spread the same joy.

"I have always loved driving around looking at Christmas lights and decorations. It's incredible what people can achieve these days with their displays," they wrote.

They are hoping their display carries on the tradition of the Arnold Family Christmas Lights Display that retired in 2022.

The Wilsons' invite you to come and look at their display at 432 Church St. that's lit from 4:30 to 10:30 every night, though if it's really windy, the inflatables might not be up as the weather will be too harsh.

In Pittsfield, Travis and Shannon Dozier decorated their house for the first time this Christmas as they recently purchased their home on Faucett Lane. The two started decorating in November, and hope to bring joy to the community.

"If we put a smile on one child's face driving by, then our mission was accomplished," they said. 

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