Unpaid Mall Taxes Won't Increase Lanesborough Tax Rate

By Brittany PolitoiBerkshires Staff
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LANESBOROUGH, Mass.— Unpaid taxes to the Baker Hill Road District will not likely fall on residents this fiscal year. 

"I think at this point in time, we don't need to panic. I was truly panicked at the previous meeting. I will say that," Chair Deborah Maynard told the Select Board and Finance Committee during a joint meeting on Monday.  

"So that is the good news, we met with [The Department of Revenue], we put our heads together, and came up with some different options." 

At the previous meeting, town officials discussed some $500,000 missing from the road district's approved budget for fiscal 2026. The district and JMJ RE Holdings, owners of the Berkshire Mall, are in litigation over unpaid taxes, and JMJ argues that they are being overbilled and underrepresented. 

Officials thought the funding gap might have to be raised through the local tax rate, but after conversations with the state Division of Local Services and the Department of Revenue, they found they could fine-tune estimated receipts to close a good portion of it. The road district also receives payments from Target, which owns and operates its building. 

The town has another couple of months to complete its tax recap sheet and expects the road district will provide an estimated budget for the rest of the fiscal year. The tax rate is set in November. 

"We will have a better idea, more in October of if there is a gap that we have beyond that, but at this point, based on what we have looked at in terms our estimated receipts, we will not have an additional amount beyond what was the original increase to the tax rate that was already approved at the annual town meeting operating budget," Town Administrator Gina Dario reported. 

At the annual town meeting in June, voters approved an amended fiscal 2026 budget of $12,565,654, a 5.6 percent increase from the previous year. 

Finance Committee Chair Lyndon Moors said this is a "multi-year issue," pointing to the the proposed senior living center at the mall that has a timeline of roughly 2 1/2 years. There is also the ongoing litigation, which was taken up later in the meeting. 

"We're facing a longer-term issue, and that's given the assumptions of his most optimistic plans," Moors said. 

"I'll leave personal commentary out of it, but I'm just looking at it in terms of numbers. This is going to be an issue with us for a while. We just don't know how long, and we don't know how to deal with it yet." 

An executive session was held to discuss "litigation strategy with respect to the property located at 655 Cheshire Road, Lanesborough, where a discussion in open session would have a detrimental effect on the Town's litigation position."



A December 2024 lawsuit filed by the road district seeks $545,000 from the mall owner for taxes due in May 2024. JMJ has demanded a jury trial, saying it has no contract with the road district and that it is acting outside its legal authority.

Consultant Timothy Grogan, of the Housing Development Corp., told the Select Board on Monday that JMJ will not be paying those funds unless a judge orders it. 

"In actuality, our non-payment of the Baker Hill Road District supplemental taxes is strictly related to their routine financial abuse of the property," he said. 

"And rather than running away and selling the mall for modest gain, as previous owners have elected to do as a direct result from the pressures of the Baker Hill Road District, we have elected to litigate this privately and exclaim their abuses publicly, because we believe in this property and believe beyond doubt that we can transform it into something that makes Lanesborough and the surrounding community proud." 

He reported that MJ RE Holdings will collaborate with Integritus Healthcare to redevelop the shuttered mall into campus-style senior housing that includes supportive and ancillary retail space. For the retail aspect, they will work with Cypress Equities, based out of Dallas, Texas. 

Grogan said the road district has, because of its "absurd tax levy resulting from its bloated budget," subjected the property owners within the district to the highest combined tax rate in the state. He said the mall pays town taxes and a supplemental tax rate of roughly $70 per $1,000, amounting to almost five times the tax bill of any town business aside from Target. 

"This amounts to nearly 9 percent of the property's assessed value each year," he added. 

"Even if we were to exclude the town's property tax rate, we would still be subject to the highest tax rate in the state. Even further, if you were to subtract the town tax rate from the Baker Hill Road District tax rate, we'd still be subject to the highest tax rate in the state." 

He said the road district has three purposes per its legislation: to facilitate the paying off the bonds that were utilized to construct the road, develop the mall property through its economic development powers, and maintain the road. 

"The bonds were entirely paid off in 2014, and the Baker Hill Road District will never be able to purchase the mall property to be able to develop it," he said. 

"This leaves just maintaining the road. Now, if anyone could tell me how maintaining the road costs $947,000 a year, I'd be all ears." 


Tags: Berkshire Mall,   delinquent taxes,   fiscal 2026,   road district,   

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Pittsfield: Should Park Square Be an Historic District?

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — The committee drafting a proposed local historic district around Park Square wants to generate interest and participation in the process. 

Members launched the charge during meetings in August and September. A survey and public hearing are planned to gather feedback early on. 

City Planner Kevin Rayner explained they are not just doing this out of a love for historic buildings, but for the timeless sense of place you get when you step into Park Square, which was laid out over 200 years ago and hosted the first-ever agricultural fair in 1810. 

"I think that the main thing that we need to kind of park on is that this is the heart of our community, and it really sets the stage for the sense of place in Pittsfield, and any change to that should have some review and some consensus from folks who have a passion for protecting the history and that character of Pittsfield," he said to the new Local Historic District Study Committee last week. 

"And there's that private property versus historic resource thing, but I’d say that a lot of these buildings on the square belong to the soul of Pittsfield here, and deserve to be protected, and I don't think that the layer of regulation that we're throwing down here is going to be unreasonable or a real boundary." 

In March, the City Council voted to amend the City Code, Chapter 2, to establish the study committee.

Pittsfield has more than 20 locations on the National Register of Historic Places, including the Park Square Historical District, but the designation just allows communities to apply for federal tax credits and doesn't impose restrictions on buildings. The central area was laid out a few decades after Pittsfield was given a town charter in 1761.

A district can be one building, several buildings, or an area. Historic restrictions only apply to the exterior of buildings; the committee has authority to say a building in the district cannot be demolished. 

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