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Dalton Looks to Tighten Tobacco Products Regulations

By Brittany PolitoiBerkshires Staff
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DALTON, Mass. — There appears to be no pushback to the town updating its tobacco ordinance.

The Board of Health's public hearing Monday on the topic generated no participation from residents or storeowners.  

The main proposed changes include potentially capping the number of tobacco permits, not allowing official smoking bars, minimum packaging of cigar products by price, mandated retailer training, and a blunt wrap ban, and a possibility of restricting other non-tobacco-related products.

The town's current ordinance is 11 pages long and the new proposal is 18 pages

Notices were mailed to vendors and were posted in the local newspaper as well as the town's website.  The board has not voted on any local policy yet.

"I think where Dalton is with the state law being passed a couple of years ago with your local policies being really out of date, the goal was to merge the state law into an updated local Board of Health regulation," Tri-Town Health Department Director James Wilusz said.

"And in that process, there are additional local policy options that the board could entertain if they so choose to."

The Tri-Town Health Department — comprised of Lee, Lenox, and Stockbridge — has been administering a tobacco awareness program since 1994. In April, the board approved working with Tri-Town Health Department to update the town's tobacco regulations better comply with the state regulations.

Pittsfield has also been working on its ordinance with similar recommendations after Wilusz came to its Health Board in May to give an update on tobacco control, warning the panel that products can slip through the state's regulations without specific guidelines.

One of the changes further defines "blunt wrap" as any product made wholly or in part from a tobacco product, manufactured or packaged with loose and removable leaves or section of a leaf, or as a hollow tube that may be used to wrap or contain loose tobacco or other fillers.

"Roll your own" tobacco leaf packages are to be considered blunt wraps in the new regulation. It also stipulates that a rolling paper with a characterizing flavor is considered a tobacco product flavor enhancer.

Additionally, there are proposed changes to penalties for violations and a number of provisions to control the number of tobacco permits in the town.


These include allowing a certain number of permits (which has not been determined,) that a permit should not be issued within 500 feet of a public or private school, and that it should not be issued within 500 feet of a retailer with a valid permit.

These recommendations are described as being "uniquely local policy decisions that are more stringent than state law."

"I think your next step would be, probably next month, to really decide on what local policies you want because it's still set up as an option for you," Wilusz explained.

"We really haven't drilled deep into what type of permit cap, if at all, you want and other things so you'll want to think about that for the next meeting and then make a decision on that."

In December 2019, Gov. Charlie Bakers signed an Act Modernizing Tobacco Control, which imposed new restrictions on the sale of nicotine vaping, flavored vaping, and tobacco products.

A few months prior, the governor declared a public health emergency and put a temporary ban on the sale of all vape products in the state.

The act only allows the sale of non-flavored nicotine products with 35 milligrams per milliliter of nicotine or less. It also restricts the sale of non-flavored nicotine vaping products held to the same standard to licensed, adult-only retail tobacco stores and smoking bars.

Under the new legislation, people can only purchase and smoke flavored nicotine vaping products in smoking bars, of which there are about 24 in the state.

Reportedly, the COVID-19 pandemic created a lull in education and compliance checks after the policy changes and pointed to adjustments that could be made to the city's regulations to clear up the confusion between local and state law.

Joyce Brewer, Tobacco Free Community Partnership program manager for the Berkshires, did attend the hearing to sit in and offer assistance and resources if needed.

Draft Tobacco Regulations for Dalton by iBerkshires.com on Scribd


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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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