DALTON, Mass. — Frustrations continue to fester with the Planning Board's decision last week to continue the public hearing for Berkshire Concrete's special permit for a third time. 

 

Confusion stemming from a labyrinthine history, questions surrounding the board's legal authority, and illegible documents described as "garbage" by board member Don Davis has delayed the town's yearlong odyssey in mitigating sand from leaving Berkshire Concrete's property. 

 

During the prior two meetings, the board asked Petricca Industries, the parent company of Berkshire Concrete, to provide updated, accurate, and clear plans. However, the documents provided did not answer the questions the board presented during previous meetings. 

 

Board members criticized the documentation provided for the absence of a clear overlay indicating "no-extraction" areas, a lack of information about the proposed work and schedule, unclear depictions of previously worked and reclaimed areas, and the failure to include a definitive reclamation schedule.

 

Attendees also noted the absence of a sufficient dust mitigation plan, which the town's consultant Berkshire Environmental Consultants, determined was insufficient. 

 

Berkshire Concrete's attorney, Dennis Egan Jr. of Cohen Kinne Valicenti & Cook LLP, asserted that the 1992 permit, which applies to the entirety of its land, is the foundation to all special permit renewals. 

 

He contends that the yearly renewal demonstrates to the board where Berkshire Concrete intends to mine during that timeframe and the reclamation requirements and dust mitigation plan are unchanged from previous modifications that had been modified in 1994, 2000, and 2013.