Lanesborough Nears New PILOT Agreement with Berkshire Wind

By Andy McKeeveriBerkshires Staff
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The Board of Selectmen hammered through a series of approvals Monday night in just over 30 minutes.
LANESBOROUGH, Mass. — The town has agreed to a new payment in lieu of taxes agreement with the Berkshire Wind Power Cooperative Corp.
 
The new agreement replaces the three-year agreement the town entered with the proprietors in 2011. According to Jeff Blake, an attorney from Kopelman & Paige representing the town, the agreement is a "better agreement" because it outlines the deal more clearly. 
 
However, Blake said there is still some difference of opinion on the depreciation of the materials at the wind farm. The company has a schedule of depreciation over 33 years, which they say is industry standard.
 
But, Blake is handing that schedule over to the town's consultants on the project for their opinion first.
 
"The agreement itself won't change. The only thing that will is change is this schedule," Blake said.
 
The attorney said he believes it should be a 20-year schedule. By condensing the time, the town would be in line to see $4,361 more each year. The company has already provided an itemized list of assets.
 
Berkshire Wind is a non-profit organization so is free from taxes. However, it is required to provide a PILOT. The agreement with Lanesborough assesses the personal property at $1.8 million and the town will tax that accordingly. 
 
The Board of Selectmen approved the contract pending an agreement on the depreciation schedule. 
 
The agreement helps to avoid the situation Hancock found itself in with the company. After the PILOT agreement there expired, the two sides were seeking a new deal but not quick enough. Hancock filed a lawsuit against the company for PILOT fees not paid while the two sides were hashing out an agreement. The company ultimately made the payment to Hancock.
 
In other business, the town approved the following events for Saturday, Aug. 8.
 
The Lanesborough Firemen's Association will be holding a block dance at Bill Laston Memorial Park. The band Whiskey City will be the headlining act and vendors will be serving beer, wine, and food. The event is $10 for adults and doors will open around 6 p.m. The music ends at 11 p.m.
 
The Berkshire Mall is holding a "family fun day," a new promotion featuring the Raptor Project, puppet shows by the Puppet Brigade, the farmers market's corn festival, and special at mall stores. The Raptor Project is an educational program that teaches children about birds of prey. WBEC will be broadcasting live. 
 
The activities will be held in the parking lot of the Berkshire Mall between 9 a.m. and 5 p.m.

Tags: PILOT,   wind farm,   

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Lanesborough to Negotiate New HCA With Only Dispensary

By Brittany PolitoiBerkshires Staff
LANESBOROUGH, Mass. Due to evolving state regulations, the town must settle on a new or amended host community agreement with its only dispensary.
 
On Monday, Feb. 24, the Select Board voted to allow Town Administrator Gina Dario to work with counsel towards a resolution.  Dario felt that both parties were willing to come up with a practical solution.
 
Liberty Market, located on North Main Street, has requested a new host community agreement or host community agreement waiver in lieu thereof.  The town was sent a notice of non-compliance from the Cannabis Control Commission in January.
 
"The discussion for the Select Board is whether or not to proceed with either a redrafting of the current host community agreement or a re-negotiation of a new host community agreement that uses a more prescriptive template that is being provided by The Cannabis Control Commission," Dario explained.
 
A couple of years ago, the Canabis Control Commission (CCC) 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.
 
"The Cannabis Control Commission is taking the position that changes to the cannabis laws which went into effect in November of 2022 are retroactive and affect pre-existing agreements, such as the one that the town has with Liberty Market," Attorney Nicole Costanzo said.
 
"Of course, there are some novel legal issues presented as to whether or not the legislative changes do retroactively affect pre-existing host community agreements. It's my understanding that the town does want to work with Liberty Market nevertheless and try and get them a "compliant" agreement for purposes of the Cannabis Control Commission issuing them a license renewal to move forward."
 
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