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The owners of the vacant Berkshire Mall say they will pay their taxes and that a feasibility study on its reuse should be ready in a couple months.

Lanesborough to Mall Owners: Pay Your Taxes

By Brittany PolitoiBerkshires Staff
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LANESBOROUGH, Mass. — The Select Board would like to see movement on the Berkshire Mall — markedly the payment of taxes.  

Earlier this month, the Lanesborough Fire and Water District filed a suit for more than $105,000 in back taxes and interest. JMJ Holdings, which purchased the mall last year, owes about $211,000 to the town.

The owners say they are plagued by the costs of stabilizing a rundown property that should not have gotten to its current state and cite "inhibitive" taxation from the Baker Hill Road District.

Principal Jay Jones envisions the town taxes paid by February 2025, though he told the Select Board last Monday that it could be sooner.

"Because you have not paid fiscal '24, all those real estate taxes that are due to the town, they are affecting our free cash certification," Selectwoman Deborah Maynard said.

"Our free cash is lowered by the amount of money that you owe the town in real estate taxes so it does really hurt the town when you don't pay your taxes and you don't pay them on time."

She said the mall also hasn't paid the first two quarters of FY25, making it six payments behind, and the tax collector is beginning the process of putting the property into tax title.

Chairman Michael Murphy observed that the owners, who want the BHRD dissolved, were "holding $211,00 over our heads to get what you want."

"We are about six or seven million dollars into this property so I think, I believe, and I know we will be able to handle a $211,000 tax bill," Jones said.

He noted the JMJ did pay $800,000 in the first year of ownership.

Jones said the taxes fell behind because of all the work that needed to be done to the vacant mall, as "it will never function right unless it's totally gutted."  On top of the $4 million purchase investment, he reported spending almost another million to get it in shape for use.

"We will be paying our taxes and we will be doing that shortly but it will be for the town of Lanesborough," he said.

"As far as we're concerned, the Baker Hill Road District is a separate situation and we would like to come back to the town a second time and suggest something different in terms of the taxes when we have our other partner on board."

Jones said JMJ has been in talks with another company for the past year on partnering transforming the former mall into senior housing and assistive living. 


The BHRD is an independent municipal district within the town with a governing body that oversees the maintenance of the Route 7 to Route 8 Connector road as a public way. It is charged with ensuring the timely payment of the Berkshire Mall's bond and that the mall meets obligations to the community regardless of ownership.

JMJ has hired Timothy Grogan of the Housing Development Corp. of New York City as a consultant to guide a feasibility study for a senior community. He said that due to the road district, the mall is paying over five times more taxes than any other Lanesborough business aside from Target.

According to The Berkshire Eagle, the BHRD is considering a suit for over $725,000 in taxes, interest, and demand fees.

Mark Siegars, the district's attorney said in an email Tuesday that the prudential committee is trying to recover unpaid taxes and interest for fiscal 2024 of $467,7111, plus interest accrued since July 1, 2024, at $177.57 per day.

"The Baker Hill Road District, throughout the life of the project that we see, it's just not fiscally feasible," Grogan said.

"We want to get the assessed value of this property up by putting a lot of money into it. We dream of 400 to 500 units and that all depends on what the feasibility study can support. We're not just looking at a standard run-of-the-mill senior care facility. We're looking at independent living, skilled nursing, memory care, palliative care, hospice care, and that's all being fed into this analysis as well as additional complexities such as exploring affordable housing although that is not the primary means of what we're for for this project."

He said the owners do not feel represented by William Prendergast, chair of the BHRD, and questioned his election and the length of his term.

"We're really trying to make as many strides as we can to get this to a financeable property and utilizing this to its highest and best use but we want the town to recognize how inhibitive the Baker Hill Road District is," Grogan said, later adding that they are trying to turn it into a win-win for everyone.

There was some back and forth between the two bodies about the authority of the Select Board in making choices about the district. Siegars attempted to contribute to the conversation on Monday but was told that it was between the Select Board and the mall owners. In his email Tuesday, he noted that town meeting in 2023 "resoundingly defeated a citizen petition to dissolve the road district."

"I'm not saying pro-Baker Hill or anti but I can tell you for the town, the Baker Hill Road District helps us because they are, for a lack of a better word, the taxing entity who, when you pay your bill, they give money to the town to pay for two officers, they give the money to pave, maintain the road," Selectman Timothy Sorrell said, asking how they can trust the mall owners when they aren't paying taxes.

He suggested that the town look into the governance of the BHRD and Murphy suggested that the owners identify a person they would like to represent them on it. The prudential committee is made up of two members appointed by the town and one by the property owners.

The feasibility study is expected to take another two months.  The Select Board reiterated its wish to be informed about how the town can help move development along and get the property functioning again.

"The point is and the real concern is, we want you to be comfortable, we want to bring these jobs and the situation here," Jones said.


Tags: Berkshire Mall,   property taxes,   

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BRTA Focuses on a New Run Schedule

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Berkshire Regional Transit Authority is still working on maintaining its run schedules after dropping the route realignment proposal.

Last Thursday's meeting was Administrator Kathleen Lambert's first official meeting taking over the reins; retiring director Robert Malnati stayed during a transition period that ended last month.

Lambert is trying to create a schedule that will lessen cancellations. There was a two-hour meeting the week before with the drivers union to negotiate run bids and Lambert is working with the new operating company Keolis, which is taking over from Transdev.

The board spoke about anonymous emails from drivers, which Lambert said she has not seen. iBerkshires was not able to see those letters, but has received some. 

"They were lengthy emails from someone describing themselves as concerning BRTA employee, and there was a signed letter from a whole group of employees basically stating their concerns. So, you know, to me, it was a set of whistleblowers, and that, what my understanding is that this really triggers a need for some type of process to review the merits of these whistleblowers, not going to call them accusations, but basically expressions of concern," said member Stephen Bannon.

A letter iBerkshires received spoke of unhappy drivers who were considering quitting because of decisions being made without "input from frontline staff," frustration and falling morale, and the removal of the former general manager shortly after Lambert came in.

Lambert said it's difficult to navigate a new change. She also noted many drivers don't want to do Saturday runs and it has been hard negotiating with drivers on the new runs.

"I would like you all to keep in mind that the process of change is super difficult. Transdev has been here for 20 years, and some of these drivers have never known any other operating company, the way some of the operations have been handled has been archaic," she said. "So getting folks up to speed on how a modern transit system works is going to be painful for them. So I don't want to say that I'm unsympathetic, because I am sympathetic, but I am trying to coax people along with a system that's going to seem very strange to them."

The board spoke about better communication between them and Lambert, citing cooperation will be best moving forward.

"There's just a lot of stuff in the air right now, and there are a lot of fires to put out to make this a coordinated effort. And if we don't keep our communications open and be straightforward, then you get blindsided about how you know the input that you could get from us about your position, and how you know what's going on in your direction, and we get blindsided. And I think that we have to make sure that this is a collaboration," said member Sherry Youngkin.

"Both sides have responsibilities, because in the long run, this advisory board is going to have to make decisions as to how we brought forward and if we've gone forward in a fair and helpful way. And I think that's hopefully what everybody is looking for also." 

Transdev and Keolis held a three-day recruiting event interviewing almost 40 candidates and offering jobs to eight, but only three stayed on to start training. Lambert said it was disappointing but she will keep trying to retain more people.

In her first report to the board, she noted that ridership dipped a little over 10 percent, but still remains higher than last year, adding that was because of cancellations of services because of the lack of drivers.

Like the last meeting, some of the advisory board members were torn over the start of the Link413 service, worried that the start of the service took drivers away and the numbers of riders are low.

Lambert, however, said the ridership has doubled from last month.

"As I've spoken before, we have, generally, a six-month adoption for brand-new service before you can really go in and evaluate, are you being successful based on the grant that my predecessor wrote along with the team for PBTA and RTA, we are ahead of schedule, which is pretty good, so I'm hoping that will continue to improve," she said.

Member Renee Wood said the board never approved the service, adding the only thing she could find in the minutes was a vote to accept the equipment. She said it was supposed to be put on the agenda to discuss.

"The Link413 service has been three years in the making. It's been a grant that was accepted and has been working with our partners, PVTA and FRTA, to put into place. So I don't have the entire history of how that process worked, but it's been three years in the making, and did we not understand that once we accept that grant that we were going to put in new service?" Lambert said.

The board discussed if Title VI, the Civil Rights Act, was followed with an accurate review and accurate amount of time for public comment period on the service changes and if its attorney should review if the  grant conditions were properly followed.

Lambert said changes had the 60-day comment period included in the proposed route realignment packet, giving the opportunity for the community to respond to that as well but will look into the legality of the situation with their attorney.

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