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Belvedere case begins in Boston

BOSTON – The Kennedy Park Belvedere controversy has finally reached the courts.

On June 18, the Town of Lenox, represented by Attorney Jonathan Silverstein of the law firm Koppelman and Paige P.C., argued a motion in Suffolk Superior Court to dismiss the case brought by 20 citizens over an alleged violation of the Scenic Mountain Act brought about by the construction of the Kennedy Park Belvedere.

The Kennedy Park Belvedere was constructed on the Kennedy Park Overlook in 2011 in honor of Dr. Jordan Fieldman, a local physician who practiced at Berkshire Medical Center and passed away after a long battle with cancer.

Designed by Dr. Fieldman’s father, architect Michael Fieldman, the Belvedere has been a lightning rod of controversy since it was completed two years ago. Some have claimed the Belvedere adds to the beauty of the overlook, while others have asserted it is unnatural and mausoleum like, and should be removed.

Last year, the debate entered the court system, when 20 Lenox citizens filed a lawsuit against the town calling for the Belvedere’s removal, claiming its construction violated the Scenic Mountain Act.

When approving the Belvedere, the town failed to get approval for it from the Lenox Conservation Committee, as required by the Scenic Mountain Act. This oversight was partially due to the fact that the act had never before been invoked in Lenox.

When this was pointed out to the town, the town asked the conservation commission whether the Belvedere’s construction had been a violation, and the commission determined it had not.

The citizens argue, however, there is no provision in the Scenic Mountain Act for approving projects after the fact and the only remedy for the situation is the removal of the Belvedere.

The Tuesday hearing on the motion to dismiss was the first time either side had gotten a chance to argue their case in a court of law.

In attendance were litigants Carolyn Barry, Sonya Bykofsky, Joan Mears and Suzanne Pelton, as well as Selectmen John McNinch and Kenneth L. Fowler and Rep. William “Smitty” Pignatelli (D-Lee).

Also present was an attorney from the Attorney General’s Office, who argued the AG’s office should be removed from the case. The litigants have included Attorney General Martha Coakley in their lawsuit so she might represent the general public, as the alleged violator is the town government.

Arguing for the dismissal of the case before Judge Heidi Brieger was Atty. Silverstein, while the litigants were represented by Attorney Robert N. Meltzer of the Mountain States Law Group.

“They were raising the issue whether we even had the legal right to bring the case in the first place,” said Atty. Meltzer in comments to The Beacon.

“She seems very interested in the letter of the law,” said Ms. Bykofsky, speaking of Judge Brieger. “The judge basically asked a lot of questions.”

“The judge was very judicial,” said Selectman Fowler. “She had questions for both attorneys.”

During the course of about an hour of proceedings, Atty. Silverstein also introduced a new case comparison. Atty. Meltzer asked for some additional time to look the case over, and Judge Brieger gave him five days.

The new case comparison was a zoning case from Blackstone, Mass., and Atty. Meltzer told The Beacon he’d considered introducing the case himself, as he felt it argued for his clients’ position: “I actually felt it was very helpful to us.”

The judge is deliberating on the motion currently, and Atty. Meltzer expects a decision in the next few weeks. He also believes that the case will be allowed to proceed: “As a general rule, the judges allow them to go forward. We’re into a very long process.”

Ms. Bykfosky was similarly confident.

“We all felt really good leaving,” she said. “I don’t think there was anybody in the room who felt like it would be dismissed.”

Selectman Fowler wasn’t inclined to make such bold predictions.

“It’s a tough position for me to make any sort of a call,” he said. “We’re basically in a wait-and-see sort of situation here.”

“I hope that we can get a quick resolution to this,” said Selectman Fowler, who was on the board of selectmen when the Belvedere was unanimously approved and has stuck by its decision.

“I have no choice but to believe in the justice system,” said Ms. Bykofsky, who added the litigants had offered a number of compromises to the town before going to court, but were now asking for full removal.

“I think what the 20 citizens really want is for the property to be restored to the condition it was in when Jordan Fieldman loved it,” said Atty. Meltzer. “That would be a fitting memorial to his life.”

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