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The Select Board has reached a deal with the owners of the Berkshire Mall that will dissolve the road district and erase the mall's debt, should town meeting and the Legislature agree.

Lanesborough Settles With Mall Owners to Dissolve Baker Hill Road District

By Brittany PolitoiBerkshires Staff
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LANESBOROUGH, Mass. — The Select Board has decided it is time to say goodbye to the Baker Hill Road Road District. 

On Monday, the Select Board unanimously approved a settlement with the Berkshire Mall's owners that pays the town $1.1 million for the dissolution of the district through a home-rule petition. This will require approval at town meeting and a special act of the Legislature. 

Owners JMJ Holdings will have to provide a signed development and purchase agreement 30 days before the town meeting. 

"I think it's time. There's been a lot of controversy around this, and I think that we're at a point in time where the town needs this to be resolved, and we need the mall property to be developed, and this is the first step to do this, to develop this property," Select Board member Jason Breault said. 

"If we keep going on and on with this whole thing, we're never going to see this being developed. We're never going to see this progress. So I think if we do this, we dissolve this, we get this moving, I think it will be positive for the community, it will be positive for taxpayers, it will be positive overall." 

The Berkshire Mall closed more than five years ago and has sat vacant since. The road district filed a suit against JMJ for unpaid taxes for the Route 7/8 Connector Road; dissolving the district will forgive that debt. 

The intent is to get the state to take over the Connector Road.

Chair Deborah Maynard feels this is a "giant" win for the town and stands wholeheartedly behind the agreement developed by herself, Town Administrator Gina Dario, town counsel, and representatives from JMJ. She said the decision is not taken lightly by Select Board members. 

"I'm really hoping that people at the town meeting will see that this is good," she said. 

"In the long run, this is really good for the town, and we'll get things moving over there and get us back on track." 

Maynard read the full agreement into the record. It states that Lanesborough and JMJ intend to dissolve the Baker Hill Road District and revitalize and develop the Berkshire Mall. A month before the decision goes to town voters, JMJ is required to provide the development and purchase agreement, which is subject to Select Board approval, and put $1,116,168 in escrow. 

The board will submit a home-rule petition to the annual town meeting or a special town meeting that requests dissolution of the independent, special-purpose municipal district. If approved, a special act will be submitted to the state Legislature within 45 business days. 

Under the agreement, funds are released when the road district is dissolved. 


"The special act text shall include a provision that includes a complete, final, and irrevocable release of any and all debts owed by JMJ to the Baker Hill Road District upon the dissolution of the Baker Hill Road District," Maynard read. 

"Upon dissolution of the Baker Hill Road District through the Legislature, the escrow funds identified in Section 2 shall be distributed immediately to the town and shall be the sole property of the town." 

Though he voted in favor of the agreement, Select Board member Michael Murphy initially expressed concern about approving the settlement when JMJ and the road district are in court. State Rep. John Barrett III's office reportedly advised the town that JMJ's debt to the district would be waived if the district were dissolved through this special legislative act. 

"They will be monies that are just wiped clean, like wiping the slate clean," she said. 

JMJ's consultant, Timothy Grogan, of Housing Development Corp., said if Lanesborough continues to haggle over $500,000 in a lien, nothing will happen at the mall, and they will wait for litigation. 

"The math doesn't make sense to wait," he added. 

When asked about development plans, Grogan said retail will certainly be built, and that they are waiting on Target to approve housing efforts on the site. Target owns its building separately from the mall.

JMJ announced its partnership with Integritus Healthcare last year to bolster its plans for hundreds of senior housing units. 

"We are continuing conversations with Target, and they would like to see this process be far further along before they make any representations whatsoever about the ability to do housing," Grogan said, adding that the store would have to support an amendment to the site use. 

"… It's completely up to Target's discretion. We're trying to play as nice as possible, and generally just make more progress with developing the property so that we can show the same amount of intention to Target as we're showing to you to get this underway." 

During public comment, resident Rebecca Belmont urged the Select Board to accept the agreement.  She said the district was created for a specific purpose that has now been fulfilled, and keeping it in place only creates unnecessary conflict, duplication, and expense.

The road district was created by a home-rule petition in 1989 to manage the connector road and oversee its debt. Murphy said the district raised $10 million for the road that did not come out of the town's pocket. 

"Dissolving the district restores accountability to the town's regular, duly elected bodies, and moves us toward transparency, fairness, and a clean path forward," Belmont said. 


Tags: Berkshire Mall,   

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BRPC Exec Search Panel Picks Brennan

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Executive Director Search Committee voted Wednesday to move both finalists to the full Berkshire Regional Planning Commission, with a recommendation that Laura Brennan was the preferred candidate. 

Brennan, BRPC's assistant director, and Jason Zogg were interviewed by the committee on Saturday.

Brennan is also the economic development program manager for the BRPC. She has been in the role since July 2023 but has been with BRPC since 2017, first serving as the senior planner of economic development. 

She earned her bachelor's degree from Franklin & Marshall College in Pennsylvania and earned a graduate-level certificate in local government leadership and management from Suffolk University.

Zogg is vice president of place and transportation for Tysons Community Alliance, a nonprofit that is committed to transforming Tysons, Va., into a more attractive urban center. 

He previously was the director of planning, design, and construction at Georgetown Heritage in Virginia, where he directed the reimagining of Georgetown's C&O Canal National Historic Park.

They each had 45 minutes to answer a series of questions on Saturday, and the search committee said they were both great candidates. Meeting virtually on Wednesday, the members discussed which they preferred.

"In my own personal opinion, I think both candidates could do the job and actually had different skills. But I do favor Laura, because she can hit the ground running and with the time we have now, I think she is very familiar with the organization and its strengths and weaknesses and where we go from here," said Malcolm Fick.

"I would concur with Malcolm, especially because she was the only candidate who could speak directly to what's currently going on in the Berkshires, and really had a handle on every aspect of what BRPC does, could use examples, and showed that she actually understood the demographic information when that information was clearly available on the BRPC website, and through other means, and she was the only candidate who was able to integrate our regional data, our regional demographics, into her answers, and so I find her more highly qualified," said Marybeth Mitts.

Brennan was able to discus the comprehensive regional strategy the BRPC has worked on for Berkshire County and said she made sure they included voices from all over the region instead of what she referred to as the "usual suspects."

"That was an enormous priority of ours to make sure that the outreach that we did and the input that we gathered was not from only the usual suspects, but community groups that were emerging in a lot of different corners of the region and with a lot of different missions of their own, and try to encompass and embrace as many voices as we could in that," Brennan said in her interview.

Member Sheila Irvin said she liked Brennan’s knowledge of Berkshires Tomorrow Inc.

"I think that her knowledge of the BTI, for example, was important, because that's going to play a role in the questioning that we did on funding. And she had some interesting insights, I think on how to use that," said Irvin. "And in addition, I just thought her style was important. 

"She didn't need to rush into an answer. She was willing to take a minute to think about how she wanted to move on and she did."

In her interview, Brennan was asked her plans to help expand funding opportunities since the financial structure is mainly grants and the government has recently been withdrawing some interest.

"With Berkshires Tomorrow already established, I would like to see us take a closer look at that and find ways to refine its statement of purpose, to develop a mission statement, to look at ways that that mechanism can help to diversify revenue," she said. "I think, that we have over the last several years, particularly with pandemic response efforts, had our movement to the potential of Berkshire's Tomorrow as a tool that we should be using more, and so I would like to see that be a big part of how we handle the volatility of government funding."

Member John Duval said she has excelled in her role over the years.

"Laura just rose above every other candidate through her preliminary interview and her final interview, she's been the assistant executive director for maybe a couple of years and definitely had that experience, and also being part of this BRPC, over several years, have seen what she's capable of doing, what she's accomplished, and embedded in meetings and settings where I've seen how she's responded to questions, presented information, and also had to deal with some tough customers sometimes when she came up to Adams," said Duval.

"She's done an excellent job, and then in the interviews she's just calm and thought through her answers and just rose above everyone else."

Buck Donovan said he respected all those who applied and said Zogg is a strong candidate.

"I think both and all candidates were very strong, two we ended up were extremely strong," he said.  "Jason, I liked his charisma and his way. I really could tell that there was some goals and targets and that's kind of my life."

The full commission will meet on Thursday, March 19, to vote on the replacement of retiring Executive Director Thomas Matuszko.

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