Copyright berkshireeagle

LENOX — Are town voters ready to support a proposal to purchase two prime downtown commercially zoned properties from private owners? The price tag is $1 million to buy the 20-space open dirt parking lot at 41 Housatonic St. at the corner of Church Street and the adjoining, decrepit 1870 house at 51 Housatonic St. The package deal for the two parcels owned by Charles Schulze, a longtime downtown property investor, is the prime topic on the agenda for Thursday’s special town meeting beginning at 7 p.m. in the Duffin Theater at Lenox Memorial High School. Approval of the purchase requires a two-thirds supermajority. The future use of the properties is pending, based on decisions involving the public, according to Town Manager Jay Green, who committed to hold community “visioning sessions” involving residents, business owners and the Chamber of Commerce to help determine the future use of the properties. “What that property is going to look like a year from now remains to be determined,” he said. Commercial developing, housing and parking all are under consideration. Any development proposals would require not only input from residents but also action by the Select Board, according to Land Use Director and Town Planner Eammon Coughlin. The acquisition would be paid out of the town's cash reserves, Green said, and thus would not affect residents’ property tax bills. At two recent informational sessions at Town Hall, Green emphasized that the town’s cash reserves are flush at $5.5 million. Most of the “free cash” is from hospitality taxes on lodgings and from $1 million in interest from the town’s $26 million payout from General Electric Co. for the pending Rest of River PCB cleanup project. He noted that $2.6 million would remain in free cash reserves next year if the purchase is approved, factoring in other pending expenses. “It is a large ask of our free cash, but we’re very lucky to have had a strong performance year,” he said. Last summer, the Historical Commission, deeming the house significant despite its condition, imposed a 12-month demolition delay that extends to next July. Without a purchase by the town, a developer could acquire the parcels without restrictions other than zoning permits. “It was a challenging negotiation,” he acknowledged, since the seller retains the right to accept a higher bid, if one surfaces, through 11:59 p.m. Wednesday. KENNEDY PARK LAND At the start of the meeting, voters will be asked to approve the town’s purchase of 10 acres of privately owned land within the 500-acre Kennedy Park. It is residentially zoned and sits in the middle of the park, with the popular Aspinwall Trail cutting through the parcel, Green pointed out. The firm price tag from the property owner is $250,000, to be funded from the Community Preservation Committee’s open space reserves. Town ownership would protect the acreage from possible development by a private owner. The town has been trying to acquire the site for 30 years since it’s legally buildable. “It’s the largest open space we have here in Lenox and a lot of people come here for that,” Green said. Approval also requires a two-thirds supermajority. SHORT-TERM RENTAL BYLAW Replacing the town’s current short-term rental regulations, the proposed new bylaw would require annual registration of properties hosting temporary lodging of 31 days or less, using the town’s new software platform allowing hosts to register online. Basic, minimal safety requirements would include an onsite fire extinguisher and posting of contact information for the owner or manager of the property, said Coughlin. A widely discussed automatic sprinkler requirement for property owners is not part of the town bylaw but falls within the state’s recently updated building code. OTHER ITEMS Voters also will be asked to approve: • A $65,000 study to review the best uses of the town’s library space; a simple majority is needed for approval. • A short-term borrowing of $304,000 from cash reserves in connection with the wastewater treatment plant project. • A $29,000 infusion from “free cash” for repairs to what will be the town’s backup ambulance when the new ambulance goes into service. • A transfer of $49,000 to the Affordable Housing Trust representing 25 percent of the town’s short-term rental lodging income. • A Planning Board bylaw proposal restricting heights of fences on residential properties to four feet in the front yard area. A separate rewrite of the town’s Accessory Dwelling Unit (ADU) bylaw would align with the state’s updated ADU regulations.