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Bloom Brothers is one of three cannabis retailers that sued the city over 'unreasonable' host agreements. The council approved a settlement of $786,000 with the companies.

Pittsfield Settles on $786K Reimbursement in Cannabis Dispensary Lawsuit

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The city will refund a sum of more than $786,000 to three local cannabis dispensaries for allegedly "unreasonable" Host Community Agreement fees, a lawsuit that has popped up around the state.

On Tuesday, the City Council approved the transfer and appropriation of $786,625 from free cash for the legal settlement that is years in the making. Temescal Wellness will receive $360,375, Berkshire Roots  $341,000, and  Bloom Brothers $85,250 as legal settlements for the repayment of a portion of fees collected between the fiscal years 2019 and 2022.

Officials report that Pittsfield has so far gotten the "best deal" in the state, representing a 77.5 percent reimbursement.  

"Like many communities in Massachusetts that were faced with the lawsuits for community host agreements, we had been served by all three cannabis companies and settled it," Mayor Peter Marchetti explained.

"We took all the information in the court into account and was able to negotiate the best deal so far that we've seen in the commonwealth."

He said the settling is less than what each of the companies paid into and if the city went to trial and lost, the reimbursement conditions would be "far greater."

This resolves the lawsuits filed by the dispensaries because they believed they were "not reasonably related to the costs imposed upon the city or incurred by the city" as a result of their operations. It also resolves the claims without an admission of liability.

The process began a few years ago when the first company came forward with the complaint, followed by the other two. The parties began aggressively negotiating this year, with the council going into executive sessions to receive updates.

There was reportedly double-digit interest incurring on a daily basis.

Last year, the Cannabis Control Commission approved changes to the state's adult and medical use regulations including policies that implement the agency's oversight of host community agreements, new equity requirements, and suitability reform.

HCAs must now be "reasonable," meaning that conditions can be required under local regulations, necessary for public health, and imposed on non-cannabis businesses. The new regulations also address impact fees, stipulating that the host community cannot collect them if the license is held for more than nine years.

Temescal Wellness, Berkshire Roots and Bloom Brothers were the city's first dispensaries before the litigation came forward and impact fees were done away with. Marchetti reported that one other organization paid the fees but has not come forward.


"We need to have a host community agreement, whether or not we charge fees that go with that is a different story," he said. "So we're in the process of putting ourselves in the safe harbor version of that host community agreement."

When asked his take on the fee structure, Marchetti said it would depend on the conditions and how it was set up.

"I think we all knew it was already starting to bubble to the surface," he said. "I guess the question was what were the cannabis companies going to do?"

Councilor at Large Earl Persip III was the lone vote against it because he simply did not agree.

"I don't agree that these local businesses who, when the Cannabis Control Commission came about and set all the rules, they were very willing and able to pay these fees, understood what the fees were for, they signed these agreements in good faith, and then when they figured out there was an issue with the law and how it was written is when they came back asking for money," he said.

"Now it's coming from the free cash and it's coming from the taxpayer and I don't agree with it."

Persip feels that the state should have reimbursed the companies.

"I think the state Legislature should have got off their buttons because they could have corrected this agreement for everybody and all the cities that are having this problem but they're scared to take it up," he said.

He added that the state "rushed the rules out" in the beginning.

"Everybody was very eager to pay the fees, people were eager to collect the fees," he said.

"And then when the state realized that there was some legal issues around the language, they changed it and then they changed it without considering the consequences for the local taxpayer and they could have addressed it in their legislative session and helped us out and they didn't."

In response to the changes that the CCC has made, the city has proposed a new ordinance to address equity requirements and allow the mayor to set policy regarding host community agreements.  It was approved by the Community Development Board and referred to the subcommittee on ordinances and rules.


Tags: cannabis,   lawsuit,   

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Pittsfield 2025 Year in Review

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — The city continued to grapple with homelessness in 2025 while seeing a glimmer of hope in upcoming supportive housing projects. 

The Berkshire Carousel also began spinning again over the summer with a new patio and volunteer effort behind it.  The ride has been closed since 2018. 

Founders James Shulman and his wife, Jackie, offered it to the city through a conveyance and donation of property, which was met with some hesitation before it was withdrawn. 

Now, a group of more than 50 volunteers learned everything from running the ride to detailing the horses, and it is run by nonprofit Berkshire Carousel Inc., with the Shulmans supporting operating costs. 

Median and Camping Petitions 

Conversations about homelessness resumed in Council Chambers when Mayor Peter Marchetti proposed a median standing and public camping ban to curb negative behaviors in the downtown area.  Neither of the ordinances reached the finish line, and community members swarmed the public comment podium to urge the city to lead with compassion and housing-first solutions. 

In February, the City Council saw Marchetti's request to add a section in the City Code for median safety and pedestrian regulation in public roadways.  In March, the Ordinances and Rules subcommittee decided it was not the time to impose median safety regulations on community members and filed the petition. 

"If you look at this as a public safety issue, which I will grant that this is entirely put forward as a public safety issue, there are other issues that might rate higher that need our attention more with limited resources," said former Ward 7 councilor Rhonda Serre. 

The proposal even ignited a protest in Park Square

Protesters and public commenters said the ordinance may be framed as a public safety ordinance, but actually targets poor and vulnerable community members, and that criminalizing activities such as panhandling and protesting infringes on First Amendment rights and freedom of speech. 

In May, the City Council sent a proposed ordinance that bans encampments on any street, sidewalk, park, open space, waterway, or banks of a waterway to the Ordinances and Rules Subcommittee, the Homelessness Advisory Committee, and the Mental Health and Substance Abuse Task Force.

Several community members at the meeting asked city officials, "Where do unhoused people go if they are banned from camping on public property?"

It was referred back to the City Council with the removal of criminalization language, a new fine structure, and some exceptions for people sleeping in cars or escaping danger, and then put in the Board of Health’s hands

Housing 

Some housing solutions came online in 2025 amidst the discourse about housing insecurity in Pittsfield. 

The city celebrated nearly 40 new supportive units earlier in December.  This includes nine units at "The First" located within the Zion Lutheran Church, and 28 on West Housatonic Street. A ceremony was held in the new Housing Resource Center on First Street, which was funded by the American Rescue Plan Act. 

These units are permanent supportive housing, a model that combines affordable housing with voluntary social services. 

Terrace 592 also began leasing apartments in the formerly blighted building that has seen a couple of serious fires.  The housing complex includes 41 units: 25 one-bedrooms, 16 two-bedrooms, and three fully accessible units. 

Pittsfield supported the effort with $750,000 in American Rescue Plan Act funds and some Community Development Block Grant funds. Hearthway, formerly Berkshire Housing Development Corp., is managing the apartments and currently accepting applications.

Allegrone Construction Co. also made significant progress with its $18 million overhaul of the historic Wright Building and the Jim's House of Shoes property.  The project combines the two buildings into one development, retaining the commercial storefronts on North Street and providing 35 new rental units, 28 market-rate and seven affordable.  

Other housing projects materialized in 2025 as well, including a proposal for nearly 50 new units on the former site of the Polish Community Club, and more than 20 units at 24 North St., the former Berkshire County Savings Bank, as well as 30-34 North St.

Wahconah Park 

After the Wahconah Park Restoration Committee completed its work with a formal recommendation in 2024, news about the park was quiet while the city planned its next move.  

That changed when it was announced that the city would bring outdoor ice skating back with a temporary rink on the baseball park’s lawn.  By the end of the year, Pittsfield had signed an exclusive negotiating agreement with the Pittsfield Suns baseball team.  

The ice rink was originally proposed for Clapp Park, but when the project was put out to bid, the system came back $75,000 higher than the cost estimate, and the cost estimates for temporary utilities were over budget.  The city received a total of $200,000 in donations from five local organizations for the effort. 

The more than 100-year-old grandstand’s demolition was also approved in 2025.  Planners are looking at a more compact version of the $28.4 million rebuild that the restoration committee recommended.

Last year, there was $18 million committed between grant funding and capital borrowing. 

The Parks Commission recently accepted a negotiating rights agreement between the city and longtime summer collegiate baseball team, the Pittsfield Suns, that solidifies that the two will work together when the historic ballpark is renovated. 

It remains in effect until the end of 2027, or when a license or lease agreement is signed. Terms will be automatically extended to the end of 2028 if it appears the facility won't be complete by then. 

William Stanley Business Park 

Site 9, the William Stanley Business Park parcel, formerly described to have looked like the face of the moon, was finished in early 2025, and the Pittsfield Economic Development Authority continues to prepare for new tenants

Mill Town Capital is planning to develop a mixed-use building on the 16.5-acre site, and housing across Woodlawn Avenue on an empty parcel.  About 25,000 cubic yards of concrete slabs, foundations, and pavements had to be removed and greened over. 

There is also movement at the Berkshire Innovation Center as it begins a 7,000-square-foot  expansion to add an Advanced Manufacturing for Advanced Optics Tech Hub and bring a new company, Myrias, to Pittsfield. 

The City Council voted to support the project with a total of $1 million in Pittsfield Economic Development Funds, and the state awarded the BIC with a $5.2 million transformation grant. 

Election 

Voters chose new City Council members and a largely new School Committee during the municipal election in November.  The council will be largely the same, as only two councilors will be new. 

Earl Persip III, Peter White, Alisa Costa, and Kathleen Amuso held their seats as councilors at large.  There were no races for wards 1, 3, and 4. Patrick Kavey was re-elected to Ward 5 after winning the race against Michael Grady, and Lampiasi was re-elected to Ward 6 after winning the race against Walter Powell. 

Nine candidates ran to fill the six-seat committee.  Ciara Batory, Sarah Muil, Daniel Elias, Katherine Yon, Heather McNeice, and Carolyn Barry were elected for two-year terms. 

Katherine Nagy Moody secured representation of Ward 7 over Anthony Maffuccio, and Cameron Cunningham won the Ward 2 seat over Corey Walker. Both are new to the council. 

In October, Ward 7 Councilor Rhonda Serre stepped down to work for the Pittsfield Public Schools. 

 

 

 

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