Alford — Since the beginning of November, the town has issued cease and desist letters to Berkshire Communists leader James Chambers telling him to shut down his “People’s Gym.” According to Select Board member and Town Clerk Peggy Henden-Wilson, however, as of December 20, neither Chambers nor his legal representatives have responded to the letters.
This information came out of The Berkshire Edge’s Freedom of Information request to review any documentation about the town’s zoning actions against Chambers and his “People’s Gym,” located at 274 East Road.
Back at the Select Board meeting on October 16, the board discussed the property and Chambers’ use of it as “The People’s Gym.” At the meeting, Select Board member Peter Puciloski said that using the property as “The People’s Gym” is not a “by right” use of the property. He subsequently asked building inspector Matt Kollmer to investigate the situation.
Kollmer investigated the property and issued a letter to Chambers and his attorneys Doran, Kelly, and Kirkland PLLC of Ashville, N.C. The copy of the first letter Kollmer issued that was obtained by The Berkshire Edge is undated, but it was presumably issued in early November before the November 13 meeting.
The letter orders Chambers to cease and desist from using the property as anything but personal storage of agricultural equipment. Kollmer wrote that the property is zoned for agricultural equipment storage and nothing else. In his letter, Kollmer advised Chambers that, as per the town’s zoning regulations, a property owner can be fined up to $300 for each offense of its regulations, and “each day such violation continues shall constitute a separate offense.” Kollmer also requested that Chambers contact his office “no later than 14 days” to arrange a site visit to verify compliance with the town’s zoning laws.
The information provided by the town for The Berkshire Edge’s Freedom of Information request does not specify whether the town has levied any fines against Chambers.
According to meeting minutes from the November 13 Select Board meeting, Kollmer informed the Select Board that he would “send a second notice this week and arrange for an inspection.” The second letter, another cease and desist order, was sent to Chambers on November 27.
The Select Board did not take any action in the case at its December 11 meeting. However, Select Board Chair Charles Ketchen said that Chambers would have an additional 14 days to respond to the town, but he would not say why Chambers had been given additional days.
At the same meeting, the Select Board also shut down virtual Zoom access to its meetings.
Subsequently, on Monday, December 18, the Select Board held a special meeting. The only item on the meeting’s agenda was an executive session “to discuss strategy with respect to litigation.”
The next Select Board meeting is scheduled for Monday, January 8, at Town Hall, at 6 p.m.
According to The Berkshire Communists’ Instagram page, the group has been operating the “People’s Gym” since at least February 14, 2021. The town’s property database lists Chambers as owning at least 16 different properties in town.
Click here to see the town of Alford’s response to The Berkshire Edge’s Freedom of Information request.