Great Barrington Select Board Meeting: Settlements, Tax Exemption, Fireworks, and Bridge Updates (January 26, 2026)

The Select Board of Great Barrington held a public meeting on January 26, 2026, covering a range of topics including the settlement of cannabis litigation, a presentation on the residential tax exemption, approval of a fireworks display for a TV production, updates on town bridges, and a seasonal community designation proposal. The meeting included unanimous approvals of consent items and a 3-1 vote on the fireworks exception.

Consent Calendar

• Minutes Approval: Unanimously approved the revised minutes from November 17, 2025, and the minutes from January 12, 2026.
• Sewer Abatements: Approved 10 of 14 sewer abatement applications as recommended by the DPW superintendent. One denial (Rita Palermo) was explained: the sewer equipment was functioning, and financial hardship is not a valid reason for abatement. Two other denials were due to incomplete applications.
• Common Victualler License: Approved a new Common Victualler License for Matthew Scott, Optimal Holdings, LLC, DBA SOCO Creamery (5 Railroad Street), an ice cream shop with 24 seats, operating Tuesday–Sunday, 12 p.m. to 9 p.m., pending final sign-offs.
• Banners for Black History Month: Approved a request from the WEB Du Bois Legacy Committee to install banners on town buildings (Town Hall, Mason Library, Ransdell, Housatonic Community Center, etc.) for February, with final location approval by the town manager.
• DLTA Grant Application: Authorized the chair to sign the District Local Technical Assistance (DLTA) grant application to the Berkshire Regional Planning Commission for support on clean energy siting regulations and seasonal community planning.

Public Comments & Testimony

• Vivian Orlowski (Resident): Opposed the residential tax exemption, arguing it is a tax shift that would burden longtime local residents, renters, and businesses, not just second homeowners. She noted that only 21 municipalities use it and that Great Barrington has a higher tax rate (~13%) compared to Cape Cod towns (6–8%). She stated the break-even point in Great Barrington would be under $800,000.
• James (Resident, 84 North Lane Road): Opposed the residential tax exemption, saying it would unfairly burden second homeowners and high-valued primary residences. He thanked the DPW for storm response.
• Michael Wise (Resident): Provided technical points: the break-even point depends on second-home proportion, estimated between $850,000 and $950,000 for Great Barrington. He noted a state law (Chapter 59, Section 5.0) allows extending the exemption to rentals occupied by 12-month renters. He also said a Town Meeting vote is not legally required to adopt Section 5C.
• David Long (Resident, 304 North Point Road): Supported the residential tax exemption as progressive, comparing it to a personal deduction. He argued it protects lower-valued homes and workforce residents, and that the state clarifies mixed-use properties can qualify if residential use is segregated.
• Sharon Shalow (Resident, 13 Threshwood Lane): Opposed the timing of the RTE discussion, citing a recent 30% assessment increase at purchase, the new high school bond (raising taxes ~$1,900), and potential additional $2,000 increase. She called for a fair reassessment before such exemptions.
• Michelle LeBaire (Resident, 70 Division Street): Expressed discomfort with the RTE, noting that only 2 of 21 communities with it do not have a split tax rate, and asked for a presentation on split tax rates. She highlighted concerns for fixed-income seniors like her 90-year-old uncle.
• Jonathan Hankin (Resident, 43 West Plain Road): Called the presentation’s “seasonal” column deceptive, noting that 45 of 78 recent home sales were above the average value ($569,000). He warned the RTE could decrease property values and increase the tax rate.
• Caroline Dunspell (Resident, 122 Cottage Street): Questioned the slow progress on Cottage Street Bridge (still not at 25% design after seven years). The board agreed to look into it.
• John Brested (Resident): Requested the board direct the town manager to write to the Attorney General for guidance on trust policy revisions related to ICE presence, and asked this be on the February 9 agenda.
• Maureen Meyer (Resident, 11 George Street): Supported continued study of the residential tax exemption, saying it is too soon to endorse or dismiss, and that the town cares about affordability for all.

Discussion Items

• Calyx Cannabis Litigation Settlement: The board announced a settlement with Calyx dispensary (Berkshire Superior Court case 2476 CV 00041), returning $315,338 of the $392,742 in community impact fees paid between April 2021 and June 2023. The settlement follows the same ratio used for three other establishments. Community impact fees may still be assessed annually based on municipal costs. The 3% local cannabis excise tax is unaffected.
• Town Manager Report (Liz): Key updates:
  • Berkshire Gas seeking ~$28 million revenue increase (18%) in base distribution rates; DPU public hearings in Greenfield (Jan 29), Pittsfield (Feb 5), and virtual (Feb 4).
  • Brookside Bridge: MOU with Sheffield being finalized; temporary bridge expected by fall 2026.
  • Trust policy meeting on Jan 14 with Interim Police Chief Carlotto, Select Board Chair Bannon, and Bridge CEO Gwen Van Zant; update expected soon.
  • Pedestrian accident on Main Street (Jan 13) revealed crosswalk flashing system battery failure; new batteries installed Jan 15.
  • Planned FY27 capital improvements: crosswalk enhancements, revised MassWorks grant for sidewalk extensions, and a master plan visioning process.
  • Thanked DPW, police, fire for storm response; town buildings open as warming locations.
• Residential Tax Exemption (RTE) Presentation: Principal Assessor Emily Schilling presented the RTE (MGL Chapter 59, Section 5C). Key points:
  • Shifts tax burden from owner-occupied primary residences to higher-valued homes and non-primary residents (seasonal owners, vacant lots). Commercial/industrial taxes unaffected.
  • 21 Massachusetts communities use it; none west of Middlesex County.
  • Exemption is a fixed amount based on average residential value ($569,458 in 2025). Implemented as a percentage (0–35% or up to 50% with seasonal designation).
  • Tax rate must increase to remain revenue neutral. Example: at 35% exemption, a primary resident saves ~$1,000, a seasonal home pays ~$2,539 more.
  • Requires one-time application with proof of primary residency; not means-tested.
  • Timeline: Town Meeting May 2 to adopt the enabling statute, then board sets percentage at classification hearing in November, applications sent, applied to Q3/Q4 bills.
  • Break-even point depends on eligible properties; estimated $850,000–$950,000 based on preliminary data.
  • Concerns raised: impact on seniors, rental units (only narrow exemption for owner-occupied one-unit rentals), trust ownership disqualified, trade-off with state circuit breaker tax credit (226 residents average $985 benefit).
  • No vote taken; extended written comment period to March 6.
• Seasonal Community Designation Presentation: Chris Rumbold explained the new designation, which allows tools like year-round housing restrictions, attainable housing (up to 250% AMI), and preferences for essential workers. Requirements include zoning changes for undersized lots and tiny houses. The town has 18 months after acceptance. Grant funds available (e.g., some towns received up to $175,000). No vote taken; comment period extended to March 6.
• Fireworks Exception (ABL Productions): Adam Lipshitz requested a noise ordinance exception for two 2.5-minute fireworks displays on Saturday, January 31, 2026, as part of a TV production finale. Originally proposed for 10–11 p.m., concerns raised about disruption to neighbors and pets. After discussion, the board approved (3-1) with condition that displays conclude by 10:30 p.m. and that the applicant obtain written authorization from abutters before proceeding.
• DPW Bridges Update (Joe Eberdale):
  • State Road Bridge: 25% design hearing held November; Mass Highway target advertising spring 2027.
  • Cottage Street Bridge: 25% design hearing postponed; utility meeting held; no date set.
  • Brookside Road Bridge: Temporary bridge design ready for Chapter 85 review; conservation meeting Jan 28. Bid advertisement March 2026, construction April, opening fall 2026. Permanent bridge target May 2030.
  • Division Street Bridge over Housatonic: Nearing 100% design, bid in July 2026.
  • Williams River and Hurlburg Bridge rehabilitation designs underway; budget funding proposed.
  • Board noted potential to accelerate state bridge projects per governor’s announcement.

Key Outcomes

• Unanimous Votes: Minutes approval, sewer abatements, SOCO Creamery license, banner display, DLTA grant application.
• Calyx Settlement Approved (unanimous): Settled for $315,338 return of community impact fees; town manager authorized to file documents.
• Fireworks Exception Approved (3-1): Adam Lipshitz/ABL Productions may conduct two fireworks displays on Jan 31, 2026, ending by 10:30 p.m., with written abutter authorization required.
• Extended Comment Period: The board voted unanimously to open extended written comments for boards, committees, and commissions on the residential tax exemption and seasonal community designation, due no later than March 6, 2026. Further joint discussion with Finance Committee scheduled for March 23, 2026.
• Trust Policy: A second community conversation on the trust policy will be held February 5, 2026, at 6:30 p.m. at Solidarity House (965 Main Street).