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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Berkshire Concrete Lawsuit Seeks Damages, Continued Operation

By Sabrina DammsiBerkshires Staff
DALTON, Mass. — Whether Berkshire Concrete can continue excavating after its permit was denied —and if the town is liable for damages — will be decided in a lawsuit the company has filed against the town, planning board and its members.
 
The suit was filed on behalf of Berkshire Concrete Corp., a subsidiary of Petricca Industries, by Jaan G. Rannik of Cohen Kinne Valicenti & Cook in Superior Court on April 13
 
Berkshire Concrete is suing for damages and wants the Planning Board's permit denial overturned.
 
The company seeks permission to operate on its entire property, and to have any future permit applications granted — unless they violate previous permit conditions and fail to fix them after formal written notice, or if the Mine Safety and Health Administration finds a public health danger requiring new restrictions.
 
It also requests that if a future renewal is denied for a violation and Berkshire Concrete disputes it or claims it didn't have time to fix, operations can continue until a  final decision is made.
 
The company claims the town breached its 1992 contract with Berkshire Concrete and the board exceeded its authority in denying the special permit. 
 
Berkshire Concrete claims that as a direct result of the town's breach of contract it suffered damages of no less than 1.9 million and will continue to incur additional damages. 
 
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