North Adams Planners Respond to Open Meeting Complaint

By Tammy DanielsiBerkshires Staff
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NORTH ADAMS, Mass. — The Planning Board met briefly on Monday in a special meeting to respond to an Open Meeting Law complaint filed against it by two city councilors. 
 
The complaint dealt with the board's voice vote on a proposed open-air marijuana grow facility on Ashland Street on March 14 and follows an appeal filed against the board in Superior Court by Mayor Jennifer Macksey. 
 
Applicant Rustin Kluge has said publicly he will withdraw his application but has not yet done so. 
 
City Councilors Jennifer Barbeau and Marie T. Harpin joined Diane Gallese-Parsons, Alice Cande and Thomas Cary in filing the complaint that states the vote should "null and void" and the special permit rescinded. They also call for the board to take additional Open Meeting Law training. 
 
The emergency protocols for holding virtual meetings implemented during the pandemic and extended by law until July 15 require votes to be taken by roll call. The Planning Board has been meeting virtually since the start of the pandemic in 2020. 
 
During the meeting of March 14, a voice vote was taken on the special permit, which passed 8-1. 
 
In its response, the Planning Board noted that it did not meet within the timeframe of 14 business days because the complaint was unsigned, undated and not sent to the chair of the board. 
 
The complainants attached a signature sheet they signed on March 22 but not a date on the form itself and then sent it to the attorney general's office rather than to the board. 
 
Board Chairman Brian Miksic said he received it on April 14 at 5:27 p.m. 
 
The response states that the city clerk had apprised the Planning Board and other boards and commissions that they are required to take roll call votes during video meetings and that the board has done so since.
 
Planning Board member Lisa Blackmer asked that it also state they were going to move to in-person meetings and "that we will follow the law moving forward in any remote participation."
 
Board member Robert Burdick thought comment on the complaint being unsigned and undated "sounded a little heavy handed." He suggested softening it by adding "although the complaint was unsigned, etc."
 
Miksic said he wanted to make clear that the complaint was not filed in the proper manner and so delayed the board's response. 
 
"I think it's important to clarify to file with the proper body and I don't care how it sounds," said Blackmer, who added it's not the first there have been issues with complaints being filed wrong. 
 
The board could soften it and but "still making that point abundantly clear," Miksic said. 
 
Planners had decided at their last meeting on April 11 to move to a hybrid situation after the mayor asked all boards and commissions to consider returning to in-person meetings. 
 
Miksic said he was not opposed to going back into chambers but wanted to make sure the technology was available to continue a hybrid version so both applicants and public and interact. 
 
"I've been on the board for over a decade now and I've never seen as many people be able to sit in the gallery on a regular basis than have been able to come during these video meetings," he said at the last meeting.  "I think the more that people can get at this, the better."
 
The planners agreed a hybrid version would be workable, particularly for people could not be in the city, but Kyle Hanlon said they should check as to whether it would require a quorum to be physically in the building. 
 
"I may be mistaken on that, but I'm pretty sure that's how I interpreted the last time I had this discussion," he said. 
 
Planner Lynette Bond made the motion to return to in-person meetings with hybrid capability and said she would do some research on the guidance for those types of meetings. The roll call vote was unanimous. 

Tags: open meeting complaint,   

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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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