Bus Driver Stricken at Wheel; Five Injured in Crash

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Updated on July 30, 2009

PITTSFIELD, Mass. — A Dufour Inc. bus went off the road and into a ditch early Wednesday morning after the driver apparently had a heart attack.

James A. Witherell, 69, of Williamstown was pronounced dead at Berkshire Medical Center, said police. Preliminary results indicate Witherell likely had a heart attack, said police.

Witherell had been a driver with Dufour for 18 months, according to reports in The Berkshire Eagle, and the bus itself was one of the newer ones in the fleet. Witherell had been a trucker for some years in his younger days. He had retired from the security department of GE in 1993.

Five members of a Massachusetts College of Liberal Art's program were injured when the bus smashed into the guard rails near Unistress.

The bus was one of three bringing 80 members of MCLA's Leadership Academy program home to North Adams from an evening at Tanglewood in Lenox.

The bus, with only 15 passengers, was northbound on Route 8 (Cheshire Road) at about 12:40 a.m. when it apparently veered to the right and went into a gully. The accident is being investigated by the Pittsfield Police Department; Lanesborough Police, fire personnel from both communities and Lanesborough and County ambulances also responded to the scene.

MCLA Vice President of Administration and Finance James Stakenas said the five graduate students were taken to BMC with injuries; four were treated and released and a fifth was kept for further treatment. Stakenas said he had not confirmed whether that individual had been released yet.


"Our hearts go out to the Dufour business and family because of this," said Stakenas. "We are very sad for them, it's a difficult thing to go through."

The Leadership Academy is an intensive program for educators seeking administrative certification. The residential program offers 12 credits of coursework crammed into just over two weeks.

The area's many cultural attractions "punctuate their week as part of their program," said Stakenas. Dufour was being used to take the large group to see Tanglewood on Parade, which included Gov. Deval Patrick narrating Copland's "Lincoln Portrait."

This isn't the first time the academy has seen tragedy. In 2005, Brooklyn, N.Y., teacher Lenore Silverbush, 51, was killed and four others injured when the minivan in which they were riding was struck by a reckless driver in New Ashford. Silverbush and four other teachers attending the academy had gone to a performance at Jacob's Pillow in Becket. The minivan was owned by one of the teachers.

In such circumstances, the college's Public Safety Office is informed and alerts senior leadership, "who step in to ensure our students and faculty are safe," he said. "[Public Safety] did a great job of notifying people."

College leaders met with the visiting faculty and program participants Wednesday morning to inform them of the services available to them. Classes for the day were adjusted to take into consideration the accident and lateness of the students' arrival back on campus. The program itself ends next week.

"We're fortunate that our graduate students are safe," said Stakenas.
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Dalton Planners Hold Public Hearing on Tiny Homes Bylaw

By Breanna SteeleiBerkshires Staff

DALTON, Mass. — The Planning Board held a public hearing last week on a bylaw for mobile accessory dwelling units (ADU) that will be brought before a special town meeting.

For nearly two years, Amy Turnbull has been trying to amend the current ADU bylaws to allow mobile tiny homes.  

A movable tiny home is defined as a unit under 400 square feet that meets all of someone's daily needs, including sanitation, cooking, and other facilities, and which is also mobile. Most homes considered "tiny" are built on a trailer so they can be towed.

Her proposal defines a movable tiny house as a "residential property with an existing primary house, intended for year-round living," and outlines eight conditions for approval.

Among these conditions: the unit must adhere to accessory dwelling unit regulations, undergo site plan review, be licensed and registered with the state Registry of Motor Vehicles, have approved energy, water, and wastewater systems, and comply with American National Standards Institute 119.5 and National Fire Protection Association 1192 safety requirements.

Additionally, the unit must be certified for ANSI or NFPA compliance by a manufacturer or third-party inspector, including adherence to Appendix Q and the International Residential Code's structural guidelines and energy efficiency standards. The tiny house cannot move under its own power, and its undercarriage, wheels, axles, tongue, and hitch must be concealed from view. Wheels and leveling or support jacks are required to rest on a level gravel or paved surface.

Turnbull has gotten enough signatures for her petition to amend the current bylaws to add her definition of the mobile ADUs. Last Wednesday, the board held a public hearing on the petitions, which will be voted on at a special meeting.

Turnbull says she has two reasons for wanting to add this to the town's bylaws: aging in place and affordable housing.

"We need a variety of housing types in Dalton, and that we also need to address the idea that you know nearly 30 percent of our population by 2035 is going to be over 65 years old, and it's problematic because  ... there's not enough choice for these people to to age in place,"she said. "What movable tiny houses does, is it provides a less restrictive ADU. It's much cheaper to place, and it's easier to place, less time consuming. And what it offers to people is it offers people who are owners a place for their children to come and live, or a caregiver to come and live, or for the people who own their own house to come and live while they rent out their maybe their three bedroom home to a new family who wants to attend to Craneville simultaneously."

She said people need to move away from calling and treating the tiny homes as though they are trailers, as one former Planning Board member has voiced opinions on.

"That is an opinion, and I think we need to get over that, because I want to say that these are foundation homes, and that the chassis is a foundation, and it's a stick-built home on a chassis, and in very many ways it's like a modular house. I think we will not be surprised in the next 10 years if we see the market turn around and start to make smaller, tiny modular homes, but that is not the case right now, and we have a dire need for affordable housing," she said.

At a former Fire District meeting the Water Department drafted regulations for water hook-ups for these types of homes. The superintendent sent a letter to the Planning Board to be read at the meeting stating it will not be a hindrance for sewer system connection.

"The Department of Public Works does not feel that mobile ADUs will be an issue with the town sewer system. The homeowners will be responsible for any issues outside of the sewer main and connect and responsible for connecting in, so that would address any permits, fees, or anything like that would be added to that," the letter states. 

"The Water Department, as we've stated previous, and as you stated, the water department has come up with their own set of SOPs, standard operating procedures, for hooking up a an adu and a mobile adu, which will then have to meet winterization and all those, but they've laid out a plan for that, that they have, so I'd like to point that out," board Chair Robert Collins said.

One concern was raised that if someone can have a mobile ADU could they also have another tiny home on their property, including the main house. That situation is not likely, said Turnbull, as it would cost a considerable amount of money. Town Manager Eric Anderson also stated that in his former community when they adopted similar laws their first one wasn’t put in until a couple years later and then maybe one a year.

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