Dalton Mobile Home Resident Files Complaint Over Sinking Yard

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — A Victoria Villa Mobile Home Park resident has filed a complaint with the Select Board over maintenance of his driveway.
 
The issue stems repairs done several years ago to fix failing septic tanks in the mobile home park. 
 
Although the septic issue has been resolved, he says residents are still dealing with repercussions from the repairs. The ground where the tanks had been replaced are sinking and the residents are having trouble getting their driveways repaired. 
 
Glen Garvey told the Select Board, convened as the Rent Control Board on Monday, that he had asked owner Michael Deep what he planned to do after digging everything up to complete the repairs and had been assured that the driveways would be paved. That has not happened, he said. 
 
"During the project, I spoke to him at least five times, several times about my driveway. And all five times he said he would take care of it, basically lied to me," Garvey said. "And then the last one, the actual blacktop machine, was parked in front of my house and drove away."
 
Garvey said he has to carry a disabled person into the house because they are unable to walk through the muddy terrain. He also said his home is tilted slightly and that the rent increased despite the lack of effort made to repair these concerns. 
 
Deep had asked for a two-phase rent increase of $80, pending approval of the new septic system, to be implemented in 2015 and 2016. The first increase of $40 was enacted in 2015 but the project was not completed until 2018 because of construction delays. Soon after, town officials said they discovered problems with the project after water began to puddle on the top of the leach field. 
 
Health Agent Edward Fahey said the sand used to filter the wastewater in the septic system was not Title 5 sand and needed to be replaced since it did not meet health standards. The Select Board put Deep's request to increase the monthly rent on hold again until he resolved this concern. The second phase of the rent increase was approved in 2020.
 
Vice Chairman Robert W. Bishop Jr. and Chairman Joseph A. Diver did a site visit in 2019. During that time, Diver took a picture of the sinkhole in Garvey's yard and informed him to put a stick in it which is still there.
 
"You took a picture of a sinkhole in my yard. Told me to put a stick in it. It's still there. He lied to you guys. He didn't fix things," Garvey said. "Unfortunately, when you gave him the rent increase, I had given you guys a folder with a lot of the septic tank areas and a lot of the homes that are sinking, the ground is just sinking. And that's now happening in my house. My house is actually tilted slightly."
 
The Select Board made a motion to have the town manager direct the building inspector, Health Department, and Conservation Commission to do a site visit and report back with their findings. 

 

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Lanesborough Looks to Dissolve Baker Hill Road District

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — The Select Board is looking to move forward with dissolving the Baker Hill Road District, which is hindering the Berkshire Mall sale.

On Friday, the Select Board heard from Vice Chair Juli Baker and Chair Deborah Maynard on how Tuesday negotiations went with Cypress Equities, JMJ Holdings, town counsel, the town administrator, and state Rep. John Barrett III. 

Baker said that during Tuesday's meeting, everyone agreed the goal was to have a successful sale of the mall for redevelopment as it’s in the best interest of the town.

Baker said Barrett assured them the state is willing to take the Connector Road and that the state is willing to provide grants to the town to renovate the water and sewer infrastructure, with an estimated total of $4.5 million, to facilitate the property's redevelopment.

"We have received assurances from Representative Barrett that the Commonwealth will provide the monies and will take the Connector," Baker said.

While buyer Cypress Equities saw some benefit in keeping the district, it now doesn't since the state is willing to provide the funds and renovate the infrastructure, according to Baker. 

Baker said that in the meeting, Cypress Equities prefers to enter into a tax increment financing (TIF) and will add to the agreement an amount of funding for public safety services, which would have come from the district. She said Cypress said it would rather enter into one agreement with the town than two agreements with the town and the district.

Mall owner JMJ Holdings is willing to pay $350,000 to the town upon closing, Baker said. 

The meeting Friday was to consider moving forward with a dissolution of the district.

"But the decision that it hinges on tonight is whether to move forward to the dissolution of the Baker Hill Road District in some manner," she said.

Baker said she has worked long and hard to see if there was another alternative to this, working closely with the district which has been "very cooperative and very helpful" in making changes.

The district had agreed to make changes to its governance and taxation; agreeing to have a cap for Cypress as well as agreeing to work to have the state take over the road, sending letters of support.

"What changed this for me is that I've always said it's important to have the special district because we get the public safety funding, and it's also important for the economic district to bring the features that an economic district brings because of what we're up against with the infrastructure problems, and the change at this point is that we have a buyer who is willing to supply that public safety money and commit to it over time, along with the TIF that the town would do, which is essential," she said.

"At this point, I feel like it's in the best interest of the town and protects the town the best in terms of a future where we can develop a mall and bring that economic benefit in. You definitely need to reduce taxes, and you cannot do that without a fully developed retail operation right there. So it's been, you know, deeply difficult decision making," Baker said.

Board members Jason Breault and Jeffery Walters agreed it was the best decision to move forward.

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