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The vacant Berkshire Mall's been a target for vandals and trespassers, some of whom have posted their 'explorations' to social media.

Fire Dept. Orders Berkshire Mall Owners to Secure Property

By Brittany PolitoiBerkshires Staff
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LANESBOROUGH, Mass. — The Fire Department has reinstated a 2022 order to secure the Berkshire Mall, giving owner JMJ Holdings 14 days to respond. 

On Monday, Fire Chief Jeff DeChaine discussed current and past orders on the mall property with the Select Board. Failed fire-suppression systems triggered a court order to repair or secure the building years ago, but it was attached to the previous owner and didn't transfer over when JMJ purchased the mall in 2023, the chief said. 

The property saw repairs after the sale, but is now seen as a liability, and the town wants it secured or demolished to prevent further break-ins and trespassing. Several videos have been posted to social media of "urban spelunkers" exploring the vacant structure. At the same time, the mall owners have offered Lanesborough a $1.25 million loan to dissolve the Baker Hill Road District, and the road district wants to take the property by eminent domain. 

DeChaine said it's "pretty clear" that the shuttered mall has slid far enough that it needs to go back to square one. The 2022 order was reiterated and sent to company principal Jay Jones late last week. JMJ has two weeks to show some sign of compliance. 

"The letter states that if he doesn't comply, then we will just go back to court," DeChaine said. 

"Nobody wants to do that, but if we have to, we will." 

In early 2022, the Fire Department began issuing citations for failure to maintain the fire suppression system, which also services Target, which has a separate but connected building. The suppression systems for the former Regal Cinemas were also found to be compromised, and the movie theater closed promptly, "and that pretty much was the end of the mall as we knew it," DeChaine said. 



Later that month, the department submitted a request for a further order of the court to have the building secured or fire suppression systems repaired. The court ruled in favor of Lanesborough. 

In June of that year, inspections found that the fire pump was not operating and Target was put on a fire watch. A month later, when the JMJ sale went through, the court order didn't apply because it was attached to the prior owner. 

After the Fire Department found the previous order was lifted, another was issued in October 2022 to secure the building, and Jones "immediately" complied, hiring security to patrol the building. In the spring of 2023, the fire pump was repaired, Target was removed from fire watch, and the fire system was repaired, but inspections weren't secured. 

DeChaine said short of the re-establishing the phone systems, everything was operational. Plans for the mall have changed over the last few years from cannabis cultivation to affordable housing and assisted living.

Things reportedly started to slide last year, when security was "sporadic," and Jones was asked to apply additional physical barriers to block people from entering the property. 

In October, Police Chief Robert Derksen reported that there has been more vandalism, dozens of break-ins, with at least half resulting in arrest, and vehicles are being damaged by the deteriorating road and parking lot around the mall. 

JMJ and the Baker Hill Road District, an independent municipal district within Lanesborough, are in litigation with JMJ over unpaid taxes for the Route 7/8 Connector Road. JMJ argues it is being over-billed and underrepresented, and has offered the town money if it would dissolve the road district in exchange for an incremental rebate that caps the property's postdevelopment value at $20.5 million for 10 years. 

The district was established by a home-rule petition in the Acts of 1989, and can only be dissolved by its prudential committee, and only once all debts have been retired and the town accepts the Connector Road as a public way. In 2018, the district's powers were expanded to include economic development and to acquire real property when it was considering taking the mall for development.

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Lanesborough Hopes for Continued Talks on Mall Sale

By Breanna SteeleiBerkshires Staff
LANESBOROUGH, Mass. — The Select Board is optimistic that talks for the Berkshire Mall sale will continue. 
 
Chair Deborah Maynard and Vice Chair Juli Baker were to meet with mall owner JMJ Holdings, the Baker Hill Road District, and proposed buyer Cypress Equities on Tuesday to discuss next steps. As of Wednesday, iBerkshires had received a "we are optimistic" from Maynard on the talks. The Berkshire Eagle reported a response from a Cypress representative saying talks will continue.  
 
Baker had updated the Select Board on Monday about the status of the sale and the efforts being undertaken by the renamed Baker Hill Business District.
 
Cypress Equities pulled out of a purchase-and sale-agreement with mall owner JMJ last week for the following reasons. 
  • Not enough water service/pressure to the property to support redevelopment without constructing costly water tanks.
  • The current septic system and former treatment facility is not acceptable for a project of the scale and magnitude proposed.
  • There is existing asbestos and bad soil from the treatment system that needs to be remediated off site.
  • And the current structure and tax assessment of the Baker Hill Road District.
Baker has been working with what is now being called the Baker Hill Business District and said she and the district members are happy that Cypress has decided to leave the door open to more discussions and that they have been working hard to try and address the company's needs.
 
Last month, the town had asked state Sen. Paul Mark and state Rep. John Barrett III to support the state Department of Transportation taking over the Connector Road, funding for a mall connection to Pittsfield's wastewater treatment plant and a connection to the town's water main.
 
Baker said an amendment has been drafted to cap the district's taxes to not grow more than 2.5 percent a year. She noted that, historically, taxes have not grown by more than one percent per year, so it won't be difficult to meet that cap.
 
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