OpenPublica

Accountability starts with access.

© 2026 · Filed for the public record

Use casesAboutAPIPrivacyTermsLinkedIn
Home/Great Barrington, Massachusetts/Selectboard & Town Boards
OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Great Barrington Planning Board Meeting - July 30, 2026: Development Enforcement & Zoning

Selectboard & Town Boards — Thursday, July 30, 2026
BodyGreat Barrington, Massachusetts
SessionSelectboard & Town Boards
DateThursday, July 30, 2026
StatusFILED
Video Record
0:00 / 1:58:34

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording.

Speaker 1

4:25

Done three weeks ago.

4:27

And it looks much different.

4:29

It's cleaner.

4:30

It's neater.

4:31

They had all these people working there with trucks.

4:33

And boulders moved.

4:37

I mean, I can't.

4:38

This is superficial.

4:39

It's just look and feel.

4:40

But the boulders have been moved and placed as if that's where they're supposed to be creating a sense of the separation.

4:49

The one house that looked like it had a for sale sign on it.

4:52

But it was very messy.

5:01

And then there's the there's one lot that just looks it's been from the very beginning with all sorts of issues.

5:08

But but the yards, I don't know, somebody was really working on them on the way it looked.

5:14

So I can't say that anything is structurally different, but it looked better.

Speaker 2

5:20

I just want to apologize to folks online.

5:22

I realized we were muted there while I was updating the board.

5:27

In quick summary, I just informed the board that the town is folding permits that maybe currently open and active on Thrush for the read as a means of enforcement.

Unassigned speaker

5:37

Go

Speaker 2

5:38

ahead, sorry.

Speaker 1

5:39

So I just it was ironic that I would drive by.

5:42

I mean, at the time I was wanting to see if it changed much from three weeks ago, and it had cleaned up a lot.

5:49

It did not look like it was suffering like it was a few weeks

Speaker 3

5:52

ago.

Speaker 1

5:52

Okay.

5:53

So whether they've heard you or somebody came in and stepped up.

Speaker 3

5:57

I think the um the letter that was sent is pretty clear about what the issues were, and so it would be easy at point in time to use that letter as a means of going back and um having it function as a checklist almost.

6:14

Um okay.

6:16

Um was there anything more to your update?

Speaker 2

6:20

Not from me.

6:21

Is there anything else you'd like to investigate or discuss?

Speaker 4

6:25

Or have

Speaker 2

6:27

this notion about the ownership that you mentioned?

6:29

Like

Unassigned speaker

6:30

I

Speaker 5

6:31

mean, when you buy a piece of property, you inherit all the good and the bad.

6:36

So why is there a question about you just said some question about ownership and the lease

Speaker 2

6:42

and complicated to enforce anything?

6:44

More in terms of the of the development entity, which was originally Stone Path development, then Linux landings.

6:53

Now then it became Linux landings transitions.

6:58

Um forgetting the names.

7:00

Um and now those interests are mostly held by uh hybrid built home, which I think that's the name.

7:11

So there's a number of entities that came along in the in the trail of the original developers.

7:18

Um meanwhile, lots were transacted out now to private individual homeowners, so who are now becoming members of the estate's homeowners association.

7:30

Um the original developers, the the folks that you would um

Unassigned speaker

7:37

you

Speaker 2

7:37

know who had said this is what we'll do.

7:40

Uh that told the plane well, this is what we'll do, and we're in return to release in a certain governance of the RCs.

7:47

Um that particular developer only owns one lot currently that we can tell as a home monitor, which I believe is for said.

7:56

Meanwhile, that developed has sold other lots that built, some of which are on their development and some aren't.

8:05

So it's a mixture of developers and lots that have transacted out the aren't the developers.

8:14

So then in terms of whether um developer responsibility transferred from stone path to Linux landings to to state's transitions to hybrid build homes.

8:28

We don't know.

8:29

That's that's more complicated to invest it

Unassigned speaker

8:33

in.

Speaker 2

8:34

That seems odd.

Unassigned speaker

8:42

You

Speaker 5

8:42

know, if you buy out.

8:43

I I

Speaker 2

8:44

don't just

Discussion Breakdown — Share of Meeting
Zoning And Land Use███████████████████████████████████████████43%
Economic Development████████████████16%
Engineering And Infrastructure████████8%
License and Permits███████7%
Historic Preservation██████6%
Strategic Planning█████5%
Affordable Housing████4%
Procedural███3%
Community Engagement██2%
Summary of Proceedings

Great Barrington Planning Board Meeting - July 30, 2026: Development Enforcement & Zoning

This meeting focused on enforcement issues at the Thrushwood Lane (Estates) development, followed by an extensive discussion on potential zoning changes to promote economic development, including hotel room limits, overlay districts, and permit process streamlining.

Public Comments & Testimony

  • Stanley Brown (Trustee, Estates HOA) reported that the developer ownership has shifted multiple times (from Stone Path Development to Linux Landings to Linux Landings Transitions to Hybrid Built Home). He urged the board to hold permits for the developers (Dr. Margulis and Mark Giarusa) but not for innocent homeowners. He confirmed the board's action to hold permits is appropriate.
  • Sharon Shaylo (13 Freshwood Lane, Estates resident) described that the only cleanup seen was performed by a homeowner (the Rockers) who took back construction from the developer after five years. She noted the developer mislaid a driveway requiring $15,000 to fix, while the road repair quote was under $3,000. She reported new dumping on lot 1A/1B, uncapped pipes, and that Dr. Margulis is rushing to sell his last lot (number 6 Thrushwood) by end of August, leaving no financial backing. She also noted Mark G. Russo began excavating lot 2 without a signed contract, leaving an open hole with machinery. She worried that no financial leverage will remain after the sale.
  • Myron Falter (23 Burning Tree Road) raised concerns about the Barrington Brook Homeowners Association (BBHOA) bridge connecting Christian Hill Road and Burning Tree Road. He stated the bridge was not constructed properly per an engineering study, and the developer (Margulis) has never acted on it. He asked the board to consider the bridge in enforcement.
  • Michelle LeBear (70 Division Street) warned about environmental contamination at the Rising Paper Mill site, citing elevated solvent chemicals (linked to cancer) and the ongoing PCB cleanup. She urged the town to clean up contaminated sites before further development.
  • James Carris (84 Northland Road) thanked the board for the enforcement discussion and emphasized need for stricter oversight, noting developer V.J. (Margulis) has repeatedly delayed promises. He called for attracting businesses and jobs to retain young people.
  • Unidentified speaker (via remote) suggested reviewing the mixed-use bylaw to clarify office space counts, and asked whether the select board's special permit for a project required tree preservation (answer: the water quality permit did not, but site plan conditions did, as recorded in minutes).

Discussion Items

  • Thrushwood Enforcement Update: The board discussed the status of the development. Chair noted that after three weeks, the site looks cleaner—boulders moved, lots tidier—but structural issues remain. The town is folding open permits on Thrushwood as enforcement. Members debated the complexity of developer responsibility across entity changes. The board affirmed that holding permits for the developer/builder (not homeowners) is the appropriate leverage.
  • Economic Development Zoning Themes: Chair introduced potential zoning bylaw changes for the coming year, including:
    • Hotel room limit (currently 45 rooms). Discussion included history (intended to prevent chain hotels), occupancy concerns (VJ's hotel at ~40% occupancy), and desire to allow larger hotels for economic growth. Members expressed mixed views on whether to raise limits.
    • Mill overlay district: Proposed extending the overlay to the Hazen Mill (vacant, in I zone) and updating outdated references (sections 9411, 9413). Some noted the Hazen Mill is already under a Smart Growth Overlay.
    • Campus overlay at Simon's Rock: Minor clarifications suggested.
    • Permit-granting authority and site plan process: Discussion on aligning special permit and site plan reviews to avoid lost conditions. Ideas included joint meetings, referencing site plan conditions in special permit documents, and administrative form changes.
  • State Zoning Law Changes: Staff (Chris) reported on FY25 state budget changes to Chapter 40A (effective July 1, 2026), including lower variance standards, electronic notice options, easier zoning freezes, and relaxed nonconformity rules. Also noted pending economic development bond bill that could allow by-right conversion of commercial to multifamily and allow religious institutions to develop multifamily housing, plus codification of site plan review in state law.
  • Strategic Planning Alignment: The select board began semi-annual review; items for planning board include 5G telecommunications regulations, complete streets update, and focus on Simon's Rock development.
  • Board Subcommittee Updates: Mention of Mahey apartment tree enforcement; trees were to be preserved but limbs overhanging foundation may need cutting. Discussion on lack of planning board enforcement authority. Member asked staff to research options for post-completion inspections.
  • Battery Storage: Briefly discussed; board decided to pause pending state clarity.

Key Outcomes

  • Motion passed unanimously: The board voted to recommend that the Building Department hold all open permits (including certificates of occupancy) issued to or on behalf of the developer(s) in the Thrushwood Lane (Estates) portion of the Burning Tree Estates development until the list of conditions (from the May letter) is fulfilled. The motion explicitly excludes permits for individual homeowners.
  • Next Meeting: Scheduled for August 13, 2026, to include a special permit hearing for a sign (DAC recommended) and potentially filling an associate member vacancy.
  • Staff will research planning board enforcement options and consider administrative form changes to cross-reference site plan conditions on special permit filings.
  • The board will continue discussions on hotel room limits, mill overlay updates, and permit process improvements in future sessions.
  • Environmental concern about Rising Paper Mill contamination will be noted for any future overlay or development proposals.

Meeting Transcript

Done three weeks ago. And it looks much different. It's cleaner. It's neater. They had all these people working there with trucks. And boulders moved. I mean, I can't. This is superficial. It's just look and feel. But the boulders have been moved and placed as if that's where they're supposed to be creating a sense of the separation. The one house that looked like it had a for sale sign on it. But it was very messy. And then there's the there's one lot that just looks it's been from the very beginning with all sorts of issues. But but the yards, I don't know, somebody was really working on them on the way it looked. So I can't say that anything is structurally different, but it looked better. I just want to apologize to folks online. I realized we were muted there while I was updating the board. In quick summary, I just informed the board that the town is folding permits that maybe currently open and active on Thrush for the read as a means of enforcement. Go ahead, sorry. So I just it was ironic that I would drive by. I mean, at the time I was wanting to see if it changed much from three weeks ago, and it had cleaned up a lot. It did not look like it was suffering like it was a few weeks ago. Okay. So whether they've heard you or somebody came in and stepped up. I think the um the letter that was sent is pretty clear about what the issues were, and so it would be easy at point in time to use that letter as a means of going back and um having it function as a checklist almost. Um okay. Um was there anything more to your update? Not from me. Is there anything else you'd like to investigate or discuss? Or have this notion about the ownership that you mentioned? Like I mean, when you buy a piece of property, you inherit all the good and the bad. So why is there a question about you just said some question about ownership and the lease and complicated to enforce anything? More in terms of the of the development entity, which was originally Stone Path development, then Linux landings. Now then it became Linux landings transitions. Um forgetting the names. Um and now those interests are mostly held by uh hybrid built home, which I think that's the name. So there's a number of entities that came along in the in the trail of the original developers. Um meanwhile, lots were transacted out now to private individual homeowners, so who are now becoming members of the estate's homeowners association. Um the original developers, the the folks that you would um you know who had said this is what we'll do. Uh that told the plane well, this is what we'll do, and we're in return to release in a certain governance of the RCs. Um that particular developer only owns one lot currently that we can tell as a home monitor, which I believe is for said. Meanwhile, that developed has sold other lots that built, some of which are on their development and some aren't.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com