State Officials Urge Fire Safety During Open Burning Season

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STOW, Mass. — After an unprecedented fall fire season in Massachusetts and as wildfires rage in California, state officials are urging residents to protect themselves and their communities by following local and state restrictions on open burning.

State Fire Marshal Jon M. Davine, Department of Environmental Protection Commissioner Bonnie Heiple, and Chief Fire Warden David Celino of the Department of Conservation & Recreation said restrictions on open burning are imposed at the state and local levels.

"Open burning season begins January 15 in communities where it’s allowed," said State Fire Marshal Davine. "Even where burning is authorized, a permit from your local fire department is always required in advance and it’s your responsibility to be able to extinguish the fire on a moment’s notice. For two years in a row, Massachusetts residents have lost their lives when they couldn’t contain their fires – please make safety your priority when burning."

"Open burning is limited to protect public health and public safety," said MassDEP Commissioner Heiple. "The governing laws and regulations are in place to reduce air pollution, property damage, and personal injury. If open burning is allowed in your community, please follow the local and state guidance to keep yourself, your neighbors, and our environment safe."

"This fall, residents across Massachusetts saw just how quickly outdoor fires can grow out of control," said Chief Fire Warden Celino. "Right now, California is facing an even worse crisis with devastating fires consuming entire neighborhoods. Please don’t risk a fire that puts you, your home, or your community at risk. Burn only approved materials and always get a permit from your local fire department first."

These restrictions are authorized by 310 CMR 7.07, which sets baseline requirements based on air quality and allows for "no burn" days; MGL chapter 48, section 13, which prohibits any open air fire unless a permit is issued; and the Massachusetts Comprehensive Fire Safety Code, which gives local fire chiefs the authority to impose additional limits.

Open burning is prohibited year-round in the cities and towns of Arlington, Belmont, Boston, Brookline, Cambridge, Chelsea, Chicopee, Everett, Fall River, Holyoke, Lawrence, Lowell, Malden, Medford, New Bedford, Newton, Somerville, Springfield, Waltham, Watertown, West Springfield, and Worcester.

In the remaining communities, open burning season runs from Jan. 15 through May 1 with the following limitations. Local fire departments may deny a permit or set additional limitations if circumstances make open burning hazardous.

Only certain agricultural waste may be burned. This includes brush, cane, driftwood, residential forestry debris, fruit tree and bush prunings, raspberry stalks, infected bee hives, trees and brush from agricultural land clearing, and fungus-infected elm wood if no other acceptable means of disposal is available. It is unlawful to burn leaves, grass, hay, stumps, tires, household trash, construction materials, demolition debris, or brush, trees, cane, or driftwood from commercial or industrial land clearing.

Open burning may only be conducted:

  • With a permit issued in advance by the local fire department;
  • Between 10:00 am and 4:00 pm;
  • At least 75 feet from all dwellings and without causing a nuisance;
  • As close as possible to the source of material being burned; and
  • When it will not cause or contribute to a condition of air pollution.

Persons who burn unlawfully or allow a fire to grow out of control could be held liable for firefighting costs or face fines or even jail time.

Open Burning Safety

  • An adult should tend to the fire at all times and keep tools to extinguish it close by.
  • Burn small amounts at a time.
  • Never use gasoline, kerosene, or other accelerants to start the fire.
  • Don't wait for the fire department to tell you that it has become unsafe to burn: put the fire out if winds pick up or the weather changes. Most fires get out of control during sudden wind changes.
  • If the fire gets out of control, call the local fire department right away.

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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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