Last-minute twist: Private buyer outbids Lenox for downtown parcels just before vote on town purchase

LENOX — Two downtown properties that the town had been poised to purchase have been sold instead to a private buyer who offered a higher price.
Schulze Lenox Properties accepted a higher offer of $1,175,000 from the buyer on Wednesday, just a day before a special town meeting at which voters were to decide on purchasing the parcels for $1 million. The purchase and sale agreement with the town kept the door open for another buyer until 11:59 p.m. Wednesday.
The identity of the buyer has not yet been revealed, but an attorney representing the seller said she expects the buyer — a Lenox businessman — will be willing to negotiate with the town on the sale of one of the parcels — the parking lot at 41 Housatonic St.
"He has done good things for redevelopment of commercial buildings in Lenox," said Lori Robbins of Heller & Robbins. "It will be a good match for the town."
The "publicity-shy" buyer had been negotiating with the Schulze family for a long time, she said, but stepped forward and "upped the ante" after learning about the town's plans.
Residents were prepared to vote on a town meeting warrant article to buy the 20-space parking lot along with the adjoining historic house at 51 Housatonic St. on Thursday night when Select Board member Neal Maxymillian asked voters to “take a deep breath, this will be a little different.”
He asked for an “indefinite postponement” of the warrant article, explaining that the purchase was superseded on Wednesday by a competitive offer.
“The seller has exercised their right to take the considerably higher offer,” Maxymillian said.
Lenox Land Use Director and Town Planner Eammon Coughlin explains to special town meeting voters Thursday night a new town bylaw regulating short-term rentals. It was approved, along with the rest of the warrant articles, after a proposed downtown property purchase had to be taken off the table.
Voters made quick work of the remaining meeting agenda, overwhelmingly approving all the items in half an hour without discussion. Turnout was 210, or just over 5 percent of the town’s 3,872 registered voters.
After the meeting, Town Manager Jay Green told The Eagle that the identity of the buyer would not be disclosed until the real estate transaction is completed at the Registry of Deeds in Pittsfield.
He acknowledged that there had been only a 50-50 chance that the voters would have supported the required two-thirds margin the potential $1 million purchase of the parking lot and the adjacent 1870 house.
“There were people making great arguments on either side for a robust debate at the town meeting, but we didn’t get there,” Green said.
“Everything happens for a reason, so we’ll move on," he added. "We’ll continue to work on the parking issue and try to find a solution. We have time to address that before high tourist season next year. It makes the parking situation more of a challenge, but I don’t think it’s insurmountable.”
He pointed out that nothing is known about the new owner’s intentions for the properties in the heart of downtown, just east of the Housatonic and Church Street intersection.
“Once we are able to identify who the owner is, we’ll certainly sit down with them and see what their interest is and see if there’s something we can come up with mutually and beneficially,” Green said.
The Historical Commission’s one-year demolition delay for the house apparently remains in place until next July or beyond.
“It really has a pretty distinguished history, not one of our most distinguished by a long shot, but it’s part of the streetscape,” said commission Chair Olga Weiss. “I’m very distressed about the outcome. Why were we negotiating if it had that escape clause, it was like a self-fulfilling prophecy.”
Weiss noted that “a very distinguished preservation architect said he had seen buildings in a lot worse condition.”
She said the architect, Steve McAlister of Clark + Green in Great Barrington, had suggested relocating it to the corner of Church and Housatonic streets, site of the parking lot, for commercial use on the main floor and housing above, with parking in the rear.
At the town meeting, voters approved by voice vote the purchase of a privately owned 10-acre parcel in the center of Kennedy Park, using $250,000 of Community Preservation Committee funding for permanent preservation of open space.
Also approved: A new town bylaw requiring annual registration of short-term rental, using the town's new Rentscape software platform allowing hosts to register online. The bylaw also includes a required on-site fire extinguisher and posted contact information for the property owner or manager.
All the other articles also found favor with the residents, including a $65,000 study to review the best uses of the town's library space; a short-term borrowing of $304,000 from cash reserves for the $45 million 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 and 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 4 feet in the front yard area was adopted, along with a revised Accessory Dwelling Unit bylaw to align with the state's updated ADU regulations.
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