Deliberations for Ray Robert Excavation & Trucking Special Permit Set for Dec.

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — The fate of Ray Robert Excavation & Trucking's request for a new special permit remains unclear. 
 
Last month the Planning Board voted to continue the public hearing to November and originally intended on making a decision during last Wednesday night's meeting, which was heavily attended by neighbors and other community member. 
 
However, due to additional revision requests to the permit, the board decided to push deliberations to Dec. 20 so that these changes can be reviewed. The board did vote to close the public hearing. 
 
Owner Ray Roberts has requested a new special permit to improve clarity and extend his operating and crushing hours. 
 
The new special permit would grant heavy industrial use in the Planned Industrial Development district.
 
On Wednesday, Roberts and his attorney John McLaughlin agreed to have a compliance review every year rather than every three years, per requests made by the Schnopp family and other abutting residents. 
 
They also requested adding language to the permit indicating that there are two separate businesses on the property. This would clarify that the operations of the trucking company are not bound by the work constraints of the hours of operation. 
 
Cathy and Greg Schnopp's attorney Alexandra Glover disagreed to adding this language as it has implications and is not "appropriate to mention" a business that has not come up before in the permit.  
 
"I think that's going to be a real complication. If this board at the end of the day starts sort of incorporating a reference or acknowledging something that certainly is not part of the application and it hasn't been part of his right," she said. 
 
A majority of the residents who attended Wednesday’s public hearing expressed their frustration with the noise on the property, and dust created by the crushing. 
 
The original permit request was to grant an increase in Saturday's hours of operation for earthen materials processing operations, i.e, screening, separating, and crushing, from 8 a.m. until 1 p.m. to 7 a.m. until 4 p.m. 
 
After hearing complaints from abutting residents and viewing the the Shnopp family's video showing how loud the noise is, Robert agreed to change his request for screening, separating, and crushing to 8 until 2 p.m. and to retain his request for Saturday hours of operations from 8 a.m. until 4 p.m. for loading the trucks. 
 
"I don't have a problem with Ray running a business," resident Jeff McAdoo said. The problem, he said, was that Robert is not following the rules and whenever there is noise that can be heard after hours he blames it on someone else. 
 
McAdoo claimed that he heard heavy rocks being loaded into trucks at 5 a.m. just two days after the previous meeting. 
 
"I don't have a problem with the work, just be reasonable at the time. Follow the rules …That's all I'm concerned with. I just want somebody to make the man follow the rules because he doesn't and then he lies and blames other people and it just at some point needs to stop," McAdoo said. 
 
Robert disputed these claims saying he is not even up at 5 a.m. His daughter Bre backed up this statement saying he does not go to work until 6:45 a.m. or 7. 
 
Robert and his attorney also noted that the state Department Of Environmental Protection came down to measure the noise levels and deemed that it is in compliance with the department's noise regulations. 
 
The board recommended that Robert invest in cameras and have them pointed at his equipment so there is proof that operations are not taking place outside of the hours allotted by the special permit. 
 
During the meeting in October, McLaughlin and other attendees noted that neighbors knew it was an industrial district and still in industrial use when they purchased their properties, which was reflected in the price of their homes. 
 
On Wednesday, Barbara Collins said when she purchased her property in fall 1986, she was informed that it was abutting an industrial district but was also told no one was going to build or do anything on it because there are wetlands involved.
 
Although it is an industrial zone and Robert has a right to run his business it is also abutting a residential zone so he should be following the hour constraints set by the special permit, resident William Drosehn said. 
 
"As for the work that Mr. Robert is doing down there, I think it's great stuff because he's recycling materials. It’s a great opportunity for something that we usually used to throw away and stuff in a landfill, today is being used," Drosehn said. "So, the type of operation is commendable, but at the same time, as with everyone else, they have hours of operation." 
 
Drosehn also mentioned that he saw Robert working outside of business hours while painting his home, but he wasn't certain for how long.
 
Residents recommended that the board retain the hours of operation set by the current permit of 8 to 1 on Saturday. The permit allows his business to continue the manufacturing use as long as he abides by the lengthy conditions regarding hours of operations, noise limitations, environmental stipulations and boundary specifications.
 
The excavation and trucking company's 90-day extension for the current special permit remains in effect so that the work surrounding the new special permit request does not interfere with current operations.   
 
Comments made by residents during the October meeting here

Tags: noise,   Planning Board,   

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ADOPTED! Companion Corner: Cali and Kyzer at Berkshire Humane Society

By Breanna SteeleiBerkshires Staff

Great news, Kyzer and Cali found a home for Christmas already! Still looking for a new friend for the holidays? There are plenty of dogs and cats and small animals at Berkshire Humane who would love to go home with you.

PITTSFIELD, Mass. — There's a bonded dog pair awaiting a new family at the Berkshire Humane Society.

Kyzer and Cali are both poodles. Kyzer is the male and is 7 years old, a quite a bit bigger than his sister Cali, who is a miniature of Kyzer and 8 years old.

Canine adoption counselor Rhonda Cyr introduced us to the two.

"They came from a household that couldn't hold on to them, and it sounds like they may have been abandoned by their previous owner with somebody else, and so they came to us looking for a new home," she said.

The two love to be around you and snuggle. But both are very happy dogs.

"Kyzer is 7 years old, and his personality is that he kind of wants to be in everything. He's very loving, very snuggly, as you can tell. And Callie here, she's 8 years old, and she is kind of like the life of the party," said Cyr. "She wants to tell you everything about her day, and she's a little bit of a little ham."

The two are considered seniors and really like soft treats as Cali just had a few teeth removed and Kyzer has a tooth procedure coming up.

"Currently, they really like soft treats, because they are both on the senior side of things. So they have had some dental work, so they are really in need of something softer. They are not big chewers at this age, really, their main focus right now is just really socializing and cuddling," Cyr said.

The two would love a quiet home with someone who wants to snuggle. They shouldn't go to a home with bigger dogs but if you have a dog, you can bring them in for a visitation with the poodles to see if they will get along. Cats will be fine and the preference is for older and more responsible children so that the pups don't get hurt, as they are senior citizens.

"The perfect home for them would be a quiet home that's not too active. Like I said, they're very social, so they could handle some visitors," she said. "They're very friendly, but I don't think that they would really enjoy any other dogs in the home."

Poodles need to be regularly groomed, and the prospective adopter will have to keep an eye on their health. Kyzer has a heart murmur that needs to be monitored. This doesn't mean he is in bad health, as he could live a perfectly normal life, but he will need to be checked by a veterinary specialist routinely.

"Ideally, he would go to a home that could provide further health care with a specialist in cardiac care. And you know, he could very well live out the rest of his life comfortably and happy," Cyr said. "We just don't have all that information at the moment, but I think that you know the way he's going right now. He's got a good spirit, and he seems to be pretty happy."

The shelter is hoping the to get them a home for the holidays.

"We would love to get them a home in time for the holidays. They've been here since the eighth of November, and they're really, really looking as much as the staff loves them here, we're really looking to get them into a home and somewhere nice and cozy so they can spend the rest of their life together," she said.

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