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Lisa Pugh speaks to the Planning Board on Wednesday about the issues with dust and sand coming from Berkshire Concrete.
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Planner Zach McCain says he believed Berkshire Concrete would limit its mining west of the pond, indicated in this illustration by the red line.

Residents Still Having Issues with Sand from Berkshire Concrete

By Sabrina DammsiBerkshires Staff
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Planners Donald Davis, left, Robert Collins and Zack McCain III hear from residents of the Pleasant Street area. 
DALTON, Mass. — Town officials say they are taking residents' concerns seriously regarding the dust and particulates coating bordering neighborhoods from Berkshire Concrete's unauthorized dig site, which is allegedly causing health issues.
 
In February, the town ordered Berkshire Concrete to stop work because of a "clerical error" that led to the improper notification of abutters. The parcel being excavated, No. 105-16, was not included in the permit application despite being shown on the submitted site map.
 
At the advice of town counsel, all work has stopped, and Berkshire Concrete will be required to reapply for this permit under this parcel number.
 
The Planning Board will be reviewing the mitigation plan recently submitted by Berkshire Concrete and will discuss it at a future meeting. 
 
Although the work has ceased, residents say that they are still experiencing issues because the sand from the dig site is still accessible to the wind. 
 
During Wednesday's Planning Board meeting, more than 50 residents attended, online and in person, to highlight what they have said at several meetings — the need for the town to take action to protect the community's health and environment from the sand leaving the dig site.  
 
Community members voiced frustration over being shuffled among various boards to address their complaints and called for improved collaborative communication between boards and departments.
 
Planning Board Chair Andrew Perenick said Health Agent Agnes Witkowski wrote a letter that directs Berkshire Concrete to immediately take care of the sand at the dig site to prevent it from being blown away into neighborhoods.  
 
Resident Mike Cyr highlighted how there isn't a bylaw regulating strip mining in the area, which he finds ironic, especially given the existing regulations on other public health issues, such as outdoor wood-burning furnaces.
 
Residents emphasized that Berkshire Concrete "lied about where they were digging, resulting in community members having a lack of trust in Berkshire Concrete because it has shown 'a generational disregard for the citizens of Dalton.'" 
 
This disregard was demonstrated in a petition to the Planning Board and Board of Health to take action regarding complaints surrounding Berkshire Concrete Corp. 
 
"I appreciate the work that [Lisa and David Pugh] have put in [with the petition] because I had no idea of all that history. I think I've been on the planning board for 11 years," board Vice Chair Zack R. McCain III, said.  
 
"I'm disappointed in myself for not realizing what was going on the last couple of years. That's when this started when they took all the trees down. I'm surprised they got to do that without a permit."
 
This permit was deceptive from the beginning, resident Pete Persson said. 
 
"I'm not saying intentionally deceptive, although I have my own opinions regarding that. It was deceptive. The lot number was left off of that permit," he said. 
 
The residents had no objections because Berkshire Concrete did not list the parcel on the permit, and the abutters were not notified, Persson said.
 
"That was deceptive as hell. I can't fill out a building permit and say, ‘Okay, I'm building a house on Main Street, try and figure out where I am' and that is kind of what they did," he said. 

 
 

McCain said when the permit was approved, Berkshire Concrete said no new mining was taking place and that they were processing there. 

 
"I remember, most of these guys weren't on the board at the time, [Berkshire Concrete] were only doing processing. They weren't mining," he said. 
 
"They had revegetated a bunch of areas, and now there is a solar field back there. I was under the impression they were never doing anything on the other side of the pond." 
 
It wasn't until last month, when residents Ronald and Lynne Griffin presented a map of the affected area, that he knew Berkshire Concrete was mining in that area, McCain said. 
 
All this boils down to one thing Ronald said — oversight. 
 
On Wednesday, the town met with an engineering company that would function as a third party to oversee the mitigation plan and ensure it meets the criteria to eliminate the problem, Planning Board member Robert Collins said. Collins also serves on the Select Board. Collin said he was not present during that meeting.  
 
The town was unable to hire that engineering company because they declined the project. However, the town still intends to find an engineer that is also qualified.
 
would function as a third party to oversee the mitigation plan and ensure it meets the criteria to eliminate the problem but has yet to find one. 
 
At the moment, the town would be paying for the firm. Berkshire Concrete has to be given a reasonable amount of time to rectify the problem, Collins said in the follow-up.
 
A number of issues need to be addressed when the town gets the solve the problem of how to mitigate the sand, he said. 
 
The town's first priority is mitigating the sand and ensuring everyone is safe, then, the town can consider what to do next, including whether there are any consequences for digging there and what the guidelines should be moving forward, he said in the follow-up. 
 
The samples of the sand are on its way to California, which has the only facility with a machine that can determine the type of sand, including confirming the presence of silica, Collins said during the meeting. 
 
Collins said the town had to navigate where it could send the samples and communicated with several institutions until they were eventually directed to send it to California. 
 
"Just so everybody understands, we did hear you. We just didn't know where to go get this information. And it took us all this time. It was up to last Wednesday that we just got this information…we are on track for giving you your answers," he said. 
 
Until there is a financial penalty, Berkshire Concrete will not stop because they are making money and are disregarding neighbors, and regulations, resident James "Jimbo" Doucette said. 

Tags: berkshire concrete,   dust, debris,   

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Armed North Adams Man Arrested Following Domestic Standoff

Staff Reports

NORTH ADAMS, Mass. — Matthew Parker, a 44-year-old North Adams man, is set to face multiple counts of attempted murder and weapons charges in Northern Berkshire District Court on Friday morning following an hours-long, armed standoff at a Houghton Street home.

The defendant is being arraigned for:

  • Domestic Assault and Battery
  • Assault with the Intent to Murder (3 counts)
  • Carrying a Firearm While Under the Influence of Alcohol (3 counts)
  • Possession of a hi-capacity firearm (4 counts)
  • Improper Storage of a hi-capacity firearm (2 counts)
  • Improper Storage of a firearm (6 counts)

According to a report, on June 10, at approximately 8:42 p.m., officers responded to 365 Houghton St. following a report of a domestic assault and battery. The caller said she and her husband had been involved in a physical altercation.

She said her husband was intoxicated, making suicidal statements about shooting himself, and had access to both a shotgun and a pistol.

Upon arrival, officers made contact with both the caller and Parker. During the encounter, Parker threatened to shoot officers before retreating into the home and refusing to exit.

Officers believed that Parker was armed.

To ensure public safety, police established a perimeter around the home and requested assistance from the Berkshire County Special Response Team (SRT) and North Adams Police crisis negotiators. The Brien Center was also contacted and promptly provided an emergency mental health clinician to assist with the incident.

Special Response Team personnel deployed drones to monitor the residence and provide aerial illumination. During the operation, officers saw Parker exit the house carrying a rifle. He pointed it at the drones, stated a report. Parker subsequently pointed the rifle toward several officers positioned behind their cruisers. After officers attempted to de-escalate the situation, Parker returned inside the residence.

Trained crisis negotiators maintained communication with Parker for several hours in an effort to peacefully resolve the situation. At approximately 2 a.m., Parker ceased communication with negotiators.

Drone operators later observed Parker unconscious in a recliner on the first floor of the residence, with a rifle and shotgun on the floor nearby.

Members of the Berkshire County SRT then executed a coordinated operation. Diversionary devices were deployed through a window while an entry team simultaneously entered the home, secured the firearms, and took the defendant into custody.

A search warrant was executed after Parker was in custody. North Adams Police seized four shotguns, six rifles, two handguns, and thousands or rounds of ammunition from the home.

During the operation, one SRT member sustained a minor injury related to a less-lethal bean bag deployment. Parker also sustained non-life threatening injuries during the arrest and was transported to Berkshire Medical Center for medical evaluation.

"We thank the community for its patience and cooperation throughout this incident, particularly residents in the affected area who complied with temporary shelter-in-place requests," Police Chief Mark Bailey said.  "The North Adams Police Department extends its sincere appreciation to the agencies that provided mutual aid and assisted by handling calls for service during this incident. We are especially grateful to the Berkshire County Special Response Team for its professional and decisive response, the Brien Center for the rapid deployment of a mental health clinician, and our crisis negotiators whose efforts helped maintain dialogue and contributed significantly to the safe resolution of this incident."

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