North Adams Planning Board Found in Violation of Open Meeting

By Tammy DanielsiBerkshires Staff
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NORTH ADAMS, Mass. — The attorney general's office has found that the Planning Board failed to comply with Open Meeting Law during its March meeting when it approved an outdoor cannabis grow facility by voice vote. 
 
The review stems from a complaint filed by City Councilors Jennifer Barbeau and Marie T. Harpin and residents Diane Gallese-Parsons, Alice Cande and Thomas Cary.
 
While Assistant Attorney General KerryAnne Kilcoyne confirmed the OML violation she did not address the complainants' request to void the vote and special permit in her decision.
 
At issue was the board's failure to follow the roll-call vote procedure for remote meetings. All nine of the board members were participating remotely on March 14 when the vote to approve New England Alchemy LLC's plans for an Ashland Street property was taken. 
 
The decision sparked protests from neighbors outside the zone and Mayor Jennifer Macksey actually filed suit against the board to stop the business. 
 
The AG's office, in an informal action, on Aug. 15 ordered the board's "immediate and future compliance with the law's requirements, and we caution that similar future violations could be considered evidence of intent to violate the law."
 
The requirement for roll call votes was part of the emergency measures passed during the pandemic to allow government bodies to continue to meet without having to gather in person. 
 
The Planning Board, in its response to the complaint on April 26, acknowledged that it knew the law and had been following it and promised it would continue to do so during any further remote meetings. 
 
In its response, the board noted that it did not respond within the timeframe of 14 business days because the complaint was unsigned, undated and not sent to the chair of the board. 
 
The complainants attached a signature sheet they signed on March 22 but not a date on the form itself and then sent it to the attorney general's office rather than to the board, according to the planners. 
 
Board Chairman Brian Miksic said he received it on April 14 at 5:27 p.m. The special meeting to respond was held on April 25.
 
However, Kilcoyne disagreed, saying (in a footnote) the attachment to the form "contained the name, address, contact information and signature of each complainant, as well as the date that each complainant signed the form." She did not refer to how the complaint was initially filed but the complaint was emailed to the city clerk on March 22, according to a screenshot sent by Harpin on Thursday. 
 
She did point to the discrepancy in the meeting minutes of a "9-1" vote that was not raised by the complainants (and was only noted after the minutes were published). The board only has nine members. 
 
Open Meeting Law requires "accurate minutes of all meetings," Kilcoyne wrote, and encouraged the board to "revise its minutes to accurately reflect the votes that were taken during the meeting."

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Amphibious Toads Procreate in Perplexing Amplexus

By Tor HanseniBerkshires columnist
 

Toads lay their eggs in the spring along the edges of waterways. Photos by Tor Hansen.
My first impressions of toads came about when my father Len Hansen rented a seaside house high on a sand dune in North Truro, Cape Cod back in 1954. 
 
With Cape Cod Bay stretching out to the west, and Twinefield so abundant in wildflowers to the east, North Truro became a naturalist's dream, where I could search for sea shells at the seashore, or chase beetles and butterflies with my trusty green butterfly net. 
 
Twinefield was a treasure trove for wildlife — a vast glacial rolling sandplain shaped by successive glaciers, its sandy soil rich in silicon, thus able to stimulate growth for a diverse biota. A place where in successive years I would expand my insect collection to fill cigar boxes with every order of insects abounding in beach plum, ox-eye daisy and milkweed. During our brief summer vacation there, we boys would exclaim in our excitement, "Oh here is another hoppy toad," one of many Fowler's toads (Bufo woodhousei fowleri ) that inhabited the moist surroundings, at home in the Ammophyla beach grass, thickets of beach plum, bayberry, and black cherry bushes. 
 
They sparkled in rich colors of green amber on beige and reddish tinted warts. Most anurans have those glistening eyes, gold on black irises so beguiling around the dark pupils. Today I reflect on a favorite analogy, the riveting eye suggests a solar eclipse in pictorial aura.
 
In the distinct toad majority in the Outer Cape, Fowler's toads turned up in the most unusual of places. When we Hansens first moved in to rent Riding Lights, we would wash the sand and salt from our feet in the outdoor shower where toads would be drinking and basking in the moisture near my feet. As dusk fades into darkness, the happy surprise would gather under the night lights where moths were fluttering about the front door and the toads would snatch bugs with outstretched tongue.
 
In later years, mother Eleanor added much needed color and variety to Grace's original garden. Our smallest and perhaps most acrobatic butterflies are the skippers, flitting and somersaulting to alight and drink heartily the nectar abounding at yellow sickle-leaved coreopsis and succulent pink live forever sedums of autumn. These hearty late bloomers signaled oases for many fall migrants including painted ladies, red admirals and of course monarchs on there odyssey to over-winter in Mexico. 
 
Our newly found next-door neighbors, the Bergmarks, added a lot to share our zeal for this undiscovered country, and while still in our teens, Billy Atwood, who today is a nuclear physicist in California, suggested we should include the Baltimore checkerspot in our survey, as he too had a keen interest in insects. Still unfamiliar to me then, in later years I would come across a thriving colony in Twinefield, that yielded a rare phenotype checkerspot (Euphydryas phaeton p. superba) that I wrote about featured in The Cape Naturalist ( Museum of Natural History, Brewster Cape Cod 1991). 
 
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