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Dalton residents have been pushing town officials to take action against Berkshire Concrete, which they say is coating their neighborhoods with dust and sand.
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More than 350 people have signed a petition asking for action.

Dalton Health Board Orders Dust-Abatement Plan for Concrete Site

By Sabrina DammsiBerkshires Staff
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Residents protest on Wednesday ahead of a Board of Health meeting. 
DALTON, Mass. —  Residents urged for quicker action to address the dust and particulates affecting their neighborhood allegedly from Berkshire Concrete's dig site.
 
During Wednesday's meeting, the Board of Health voted to send a letter to the company requiring a comprehensive plan by April 25. 
 
This letter establishes a formal deadline for submitting a detailed plan to address the dust nuisance and notes that failure to comply with this requirement could lead to financial penalties and potential legal action.
 
The board also recommended to request that a third-party review the dust mitigation plans and ongoing air quality monitoring as conditions of the special permit for Berkshire Concrete.
 
Resident David Pugh argued that Petricca Industries, the parent company of Berkshire Concrete, has shown a generational disregard. 
 
"The history speaks for itself," he said. A petition submitted by residents argues this point, using newspaper clippings dating back to 1976. 
 
"What we need with [the board's] action, is the same level of reaction by the people who created the problem to begin," Pugh said. 
 
"So our reaction has been very strongly coordinated. Their reaction has been very slow and one of inaction, and that's where the real frustration."
 
Since February, more than 100 residents have been searching for a solution to the sand they say is causing health issues. 
 
Many have attended meetings of the Select Board, Conservation Commission, Board of Health, and Planning Board to demonstrate their complaints.
 
The issue resulted in a petition that gathered 357 signatures to urge the boards to take strict action on the situation. 
 
"One of the things I want to have happen within all this process is a better process with the town and the different boards, the Planning Board, the permitting your oversight as a Board of Health, so when something goes wrong, you have a plan in place to react," Pugh said.
 
The board voted to issue layered fines for situations such as this based upon the violation itself, the basis of the violation, and the history behind the circumstances. 
 
The first violation would range from $1,000 to $5,000 and subsequent violations can get fined up to $10,000 per violation.
 
During the meeting, residents advocated for ongoing, continuous air quality testing and highlighted how this would aid in enforcement because it shows when the violations take place. 
 
After months of residents demanding action and town boards navigating a process toward a resolution and getting the sand tested, the state Department of Environmental Protection determined that the dust is not an air quality health concern but a nuisance, which the town is the regulatory authority to mitigate. 
 
Sampling was conducted at multiple locations: 38 Deming St., 30 Florence St., 33 Florence St., and the upper end of Prospect Street.
 
For background information, Silver Lake in Pittsfield, which serves as the monitoring station for DEP, was included in the analysis. 
 
The sampling occurred over three days: March 3, March 12 (which had light winds), and March 21 (which experienced strong winds).
 
Residents expressed skepticism of these results, saying the sampling does not reflect their daily lived experience. 
 
Ronald Griffin disagreed with the state's assessment that the sand is not a health risk, citing a note from his wife's doctor saying the contrary. Griffin said, he and his wife, Lynne Griffin, are willing to share this with the Board of Health.  
 
On March 12, Town Health Agent Agnes Witkowski issued a cease-and-desist letter to Berkshire Concrete, ordering that they abate nuisance conditions. 
 
On March 26, the town received a response from Berkshire Concrete's attorneys Cohen, Kinne, Valicenti, and Cook. 
 
"While [Berkshire Concrete Corporation] does not agree that the activities set forth in the order constitute a nuisance, BCC has been working diligently and thoughtfully with Foresight Land Services Inc. to complete a comprehensive mitigation plan addressing issues set forth in the order, as well as, the issues brought to BCC's attention by the [Planning Board,]" attorney Dennis Egan Jr. wrote in the letter. 
 
The attorney claims that the last remaining piece of the plan is a map that shows the specific parcels, including the areas for mitigation, and is expected to be complete by "early next week."
 
A final dust mitigation plan has not yet been submitted. The town did receive a preliminary plan, which was considered incomplete.

Tags: BOH,   dust, debris,   

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BRPC Exec Search Panel Picks Brennan

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Executive Director Search Committee voted Wednesday to move both finalists to the full Berkshire Regional Planning Commission, with a recommendation that Laura Brennan was the preferred candidate. 

Brennan, BRPC's assistant director, and Jason Zogg were interviewed by the committee on Saturday.

Brennan is also the economic development program manager for the BRPC. She has been in the role since July 2023 but has been with BRPC since 2017, first serving as the senior planner of economic development. 

She earned her bachelor's degree from Franklin & Marshall College in Pennsylvania and earned a graduate-level certificate in local government leadership and management from Suffolk University.

Zogg is vice president of place and transportation for Tysons Community Alliance, a nonprofit that is committed to transforming Tysons, Va., into a more attractive urban center. 

He previously was the director of planning, design, and construction at Georgetown Heritage in Virginia, where he directed the reimagining of Georgetown's C&O Canal National Historic Park.

They each had 45 minutes to answer a series of questions on Saturday, and the search committee said they were both great candidates. Meeting virtually on Wednesday, the members discussed which they preferred.

"In my own personal opinion, I think both candidates could do the job and actually had different skills. But I do favor Laura, because she can hit the ground running and with the time we have now, I think she is very familiar with the organization and its strengths and weaknesses and where we go from here," said Malcolm Fick.

"I would concur with Malcolm, especially because she was the only candidate who could speak directly to what's currently going on in the Berkshires, and really had a handle on every aspect of what BRPC does, could use examples, and showed that she actually understood the demographic information when that information was clearly available on the BRPC website, and through other means, and she was the only candidate who was able to integrate our regional data, our regional demographics, into her answers, and so I find her more highly qualified," said Marybeth Mitts.

Brennan was able to discus the comprehensive regional strategy the BRPC has worked on for Berkshire County and said she made sure they included voices from all over the region instead of what she referred to as the "usual suspects."

"That was an enormous priority of ours to make sure that the outreach that we did and the input that we gathered was not from only the usual suspects, but community groups that were emerging in a lot of different corners of the region and with a lot of different missions of their own, and try to encompass and embrace as many voices as we could in that," Brennan said in her interview.

Member Sheila Irvin said she liked Brennan’s knowledge of Berkshires Tomorrow Inc.

"I think that her knowledge of the BTI, for example, was important, because that's going to play a role in the questioning that we did on funding. And she had some interesting insights, I think on how to use that," said Irvin. "And in addition, I just thought her style was important. 

"She didn't need to rush into an answer. She was willing to take a minute to think about how she wanted to move on and she did."

In her interview, Brennan was asked her plans to help expand funding opportunities since the financial structure is mainly grants and the government has recently been withdrawing some interest.

"With Berkshires Tomorrow already established, I would like to see us take a closer look at that and find ways to refine its statement of purpose, to develop a mission statement, to look at ways that that mechanism can help to diversify revenue," she said. "I think, that we have over the last several years, particularly with pandemic response efforts, had our movement to the potential of Berkshire's Tomorrow as a tool that we should be using more, and so I would like to see that be a big part of how we handle the volatility of government funding."

Member John Duval said she has excelled in her role over the years.

"Laura just rose above every other candidate through her preliminary interview and her final interview, she's been the assistant executive director for maybe a couple of years and definitely had that experience, and also being part of this BRPC, over several years, have seen what she's capable of doing, what she's accomplished, and embedded in meetings and settings where I've seen how she's responded to questions, presented information, and also had to deal with some tough customers sometimes when she came up to Adams," said Duval.

"She's done an excellent job, and then in the interviews she's just calm and thought through her answers and just rose above everyone else."

Buck Donovan said he respected all those who applied and said Zogg is a strong candidate.

"I think both and all candidates were very strong, two we ended up were extremely strong," he said.  "Jason, I liked his charisma and his way. I really could tell that there was some goals and targets and that's kind of my life."

The full commission will meet on Thursday, March 19, to vote on the replacement of retiring Executive Director Thomas Matuszko.

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