Lanesborough Approves Further Negotiations for Mall Cannabis Facility

Jay Jones of JMJ Holdings said they are working on fixing several issues with the property before beginning operation.

LANESBOROUGH, Mass. — The Select Board has voted to enter into further negotiations with JMJ Holdings for a Host Community Agreement after delays due to concerns with the state of the property. 

The board spoke with Blake Mensing and Jay Jones of JMJ Holdings on Monday to discuss several concerns with the condition of the Berkshire Mall Property, including the fire system, water system and the building's roof. Residents asked about several of these issues at a community outreach meeting in October. 

"The HCA is the starting line. It is by no means the finish line," Mensing said, reiterating they would follow any restrictions put in place by local entities. "So an HCA doesn't entitle us to not follow the local bylaws. It doesn't entitle us to not have a cooperative relationship with the police chief to say here's our security plan and drawings according to what the Commission requires. And it does not say, you know, that's all we need from the town. We can do whatever we want." 

Mensing said when the group purchased the building, the previous owner told them the building's fire suppression system was fully functional, which he said they later found not to be the case. He said he has been working with Target and the Fire Department to solve the issue. 

"When you buy a property, you have to be able to trust the seller's representation and warranties are correct," he said. "So we're, frankly, holding their feet to the fire because they put on a piece of paper, 'This is done,' it's not the case. So we couldn't have found that out until we made the purchase the property." 

Jones said, in addition to fire suppression, they are working on fixing several other issues with the property, including ordering and installing a new water pump. He explained that he thinks the mall is the perfect location for this business. 

"If the decriminalization happens, that means you're going to be able to put things on trucks and move them across. We're right next to the New York market," he said. "... What we have is the opportunity to take this property, at this time, and to get this manufacturing situation straight with your approval, follow all the regulations, and we're able to influence and have jobs, have things manufactured here, that affect that affect the whole New England states." 

Town Counsel Nicole Costanzo of KP Law was also present and noted that the business cannot occupy the building until it is up to code. She said she would work on additional changes to the draft host community agreement before official board approval. 

"We can include something perhaps that might accommodate the board's concerns, and it sounds from Mensing that the company might be agreeable to something like that as well," she said. "But just so everyone is clear, when a host community agreement is signed, that does not guarantee that the establishment can go in and start operating. It's not permission to go in and start operating. And it doesn't take the authority away from any other boards," she said. 

Costanzo reiterated the board should pursue a Development Agreement for the mall property. Mensing said the group would be more than happy to negotiate such an agreement. 

Board Member Michael Murphy said he was in favor of the proposal from the beginning but felt the board needed to look further after all the community feedback on the project. 

"I think that's the most important thing, that we do the due diligence that the community expects us to do. Whether I agree with one position or not, I feel I have to address the questions raised by members of the community," he said. 

In other business, the board heard an update on the combined police and ambulance services buildling, which recently were shared by the Police Station Building Committee. Board Chair Kristen Tool went over the facility in detail during the meeting, noting that it is something the community needs.

"The committee worked really hard to pull this together. It's the most fiscally responsible proposal that also meets the needs of our first responders and the needs of our taxpayers," she said. "... This building, it will last us 30, 40 years if we're able to build it to these specifications." 

The state has already committed $1 million in funding towards the project. This funding is in addition $150,000 gift from the Baker Hill Road District, which needs to be accepted by a taxpayer vote. 

Tool reiterated that the committee is doing everything it can to get additional grant funds for the project. 

"Asking the community to please just be patient and trust this committee. We're all taxpayers, too. We don't want this to be a huge tax burden; this is the building that we need," she said. "And just please let us figure out how it's going to be paid for because the whole project cost is not going to be entirely on the taxpayers." 

• Resident James Torra requested from the board that the town to accept Katherine and Spring Street as official town roads. The board voted to put acceptance of the roads on the annual town meeting warrant. 

• The board has been discussing raising the age for town firefighters for several meetings after a request from a firefighter. After a discussion with Fire Chief Jeffery DeChaine and EMS Director Jennifer Weber, the board ultimately decided to defer to town counsel for more information before making any decisions. 

• The board approved updated fees from the Board of Health. Board of Health Chair Lawrence Spatz told the board last meeting the fees, which were last updated in 2014, were increased to better align with other local communities.

• The board approved the appointment of Diane Snyder as assistant treasurer. 

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