Lisa Pugh speaks to the Planning Board on Wednesday about the issues with dust and sand coming from Berkshire Concrete. Planner Zach McCain says he believed Berkshire Concrete would limit its mining west of the pond, indicated in this illustration by the red line.
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.'"
"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.
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Companion Corner: Grey Boy at No Paws left Behind
By Breanna SteeleiBerkshires Staff
NORTH ADAMS, Mass. — There's a new cat at No Paws Left Behind looking for his forever home.
iBerkshire's Companion Corner is a weekly series spotlighting an animal in our local shelters that is ready to find a home.
Grey Boy is 10 years old and is a gray and white domestic shorthair.
The shelter's Executive Director Noelle Howland introduced us to him and his long journey to be ready for adoption.
"He's been here a couple months. He was a transfer from a rescue in Bennington. They were out of space, so we had taken him in with a few other cats. So he's been here a couple months. He came in with what we believed was a respiratory infection," she said. "So it took us a little bit to get him ready, and then he also needed a dental. So he has nice, clean teeth. He had some teeth removed, and then he has to go back in and have one more dental. So he'll be all ready to go."
He does have feline herpes, also called feline viral rhinotracheitis, a contagious, common respiratory virus that is not curable but is manageable. It can go into remission but can flare-up in cats under stress. It is not contagious to humans. It's recommended Grey Boy not go to a home with another cat because of the possible stress. He could go home with a cat savvy dog and children.
"It is believed that he does have herpes, feline herpes, so he will, unfortunately, have to be an only cat going home, but he could potentially live with another cat [later] once he gets settled in, just due to stress," Howland said. "Herpes can become a little bit more active but doesn't stop him from being an active, happy cat."
Grey Boy loves to play with toys and enjoy treats. He would also love to have a window to lounge or bird-watch in.
"He is not afraid of anything. He's very curious, so I'm sure he'd love if you have windows for him to look out of. He still plays, even though he's 10 it does not stop him. So any home would be a good fit for him."
Now that he is ready to be adopted he is excited. When you walk into the room with him he will rub up against your leg introducing himself and asking to be pet.
"Usually, I would say, when you're walking, he'll bonk into you so he might catch you off guard a little bit. He constantly is rubbing against you," Howland said. "He really, I would say he's lazy when you want him to be, and he's active when you want him to be. He'll play with toys. He's usually lounging away. And then when he comes out he'll play. He loves it. So, very friendly, easy going cat."
Because of his herpes, he will occasionally have a sneezing fit he is perfectly healthy and is ready to find his forever family.
"I would say the friendliest, easiest cat you could have. He's just, he's just gonna be a little sneezy sometimes, but that doesn't stop him from doing anything," she said.
Grey Boy's adoption fee is sponsored by Rooted in Balance Counseling LLC.
If you think Grey Boy is your next companion, you can contact the shelter or learn more on the shelter's website.
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