Dalton Select Board May Forgive Back Taxes for 463 High St.

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — The Select Board voted last week to forgive about $8,000 in back taxes and fees for 463 High St. — but not without some stipulations.

If the receiver, Adam Oliveri, sends a letter of commitment to remain the receiver of the property, the board agrees to forgive the back taxes because it is under $10,000 and the costs are more than the assessed value of the property. 

A revised demolition quote of $52,975 is more than the land assessment of $46,400, so the waiving of the back taxes is the town's attempt to encourage the receiver not to back out. 

The single-family home has long-standing code violations that pose a serious risk to public health and is a safety hazard. 

It was considered abandoned by its owner and has been designated as unfit for human habitation for "violations of the State Sanitary Code including: lack of gas and electric utilities, unsafe roof structure and the property being filled with trash and debris blocking means of egress.'" 

An asbestos survey suggested by a Housing Court judge was not done because Oliveri was concerned about the safety of the architectural engineer.

"The architectural engineer would need to enter at their own risk," Health Agent Agnes Witkowski said in an email communication with environmental analyst emergency response asbestos inspector Joanne Flescher. 

Oliveri was appointed as the receiver of the property on Aug. 24, 2022, by the Attorney General's office. He has accumulated more than $15,000 in lawyer fees because he had to go back and forth to Housing Court and clean the outside of the property. 

Former Fire Chief James Peltier and building inspector visited the house last year and said they were concerned with the floors being unsafe, Witkowski said. 

It took many years to get this receiver and the Attorney General's Office said it was difficult and unlikely to get another one, she continued. If the receiver backs out the town will be responsible for the demolition. 

Based on the emails between the town and the receiver, it looks as though he has already made the decision to back out, Select Board Chair Joseph Diver said.  

Town Manager Thomas Hutcheson described the waiving of the back taxes is a "Hail Mary."

But the board was concerned that a decision like this would set a precedent.

But Hutcheson said since the circumstances are unusual and the nominal profit is less than the cost of  doing the demolition, that narrows the precedent to an acceptable policy.

"I feel like if it's a Hail Mary and it will set a precedent, maybe it is not the best move. There is no guarantee of the outcome," Select Board member Dan Esko said.

A letter of commitment made the decision acceptable to a majority of board members.


Tags: demolition,   

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Dalton Board Signs Off on Land Sale Over Residents' Objections

By Sabrina DammsiBerkshires Staff

Residents demanded the right to speak but the agenda did not include public comment. Amy Musante holds a sign saying the town now as '$20,000 less for a police station.'
DALTON, Mass. — The Select Board signed the sale on the last of what had been known as the Bardin property Monday even as a handful of residents demanded the right to speak against the action. 
 
The quitclaim deed transfers the nine acres to Thomas and Esther Balardini, who purchased the two other parcels in Dalton. They were the third-highest bidders at $31,500. Despite this, the board awarded them the land in an effort to keep the property intact.
 
"It's going to be an ongoing battle but one I think that has to be fought [because of] the disregard for the taxpayers," said Dicken Crane, the high bidder at $51,510.
 
"If it was personal I would let it go, but this affects everyone and backing down is not in my nature." 
 
Crane had appealed to the board to accept his bid during two previous meetings. He and others opposed to accepting the lower bid say it cost the town $20,000. After the meeting, Crane said he will be filing a lawsuit and has a citizen's petition for the next town meeting with over 100 signatures. 
 
Three members of the board — Chair Robert Bishop Jr., John Boyle, and Marc Strout — attended the 10-minute meeting. Members Anthony Pagliarulo and Daniel Esko previously expressed their disapproval of the sale to the Balardinis. 
 
Pagliarulo voted against the sale but did sign the purchase-and-sale agreement earlier this month. His reasoning was the explanation by the town attorney during an executive session that, unlike procurement, where the board is required to accept the lowest bid for services, it does have some discretion when it comes to accepting bids in this instance.
 
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