Dalton residents have been pushing town officials to take action against Berkshire Concrete, which they say is coating their neighborhoods with dust and sand. More than 350 people have signed a petition asking for action.
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.
"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.
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.
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Lanesborough Board Looks to Pontoosuc Island Safety and Cleanup
By Breanna Steele
LANESBOROUGH, Mass. — The Friends of Pontoosuc cleaned up the two islands on the lake and shared concerns of what they saw.
Kevin McGinnis, Friends board member, spoke to the Select Board last week about how the cleanup went and erosion the group discovered.
"We particularly wanted to go out and take a peek at the islands and it was seven bags of garbage and a lot of refuse from geese that we actually removed from both islands," he said. "The Keeler Island, particularly in Lanesborough, that had a Sheetrock bucket full of nails that we actually removed from there, too, and that was from probably multiple years of pallet burning out there."
McGinnis added that there is significant erosion on the east side of the islands, facing the deepest part of the channel.
He said Lee Popovich, who knows horticulture, suggested plantings along the edges to hold the soil and filter runoff that may help with the E. coli outbreaks on the lake.
"These are things that we can discuss on trying to keep those islands in enjoyable shape, and for people to be able to enjoy," McGinnis said, by reducing risks such as geese deposits, and plantings that can help filter some of the debris.
"We can't control how hard our rain comes, but we can mitigate some of that filtering processes to keep bacteria count lower. Because if you notice, pretty much the E. coli breakouts that we do have are right after heavy rain."
He wants to help keep the islands safe and healthy. He introduced the cleanup group, saying the cleanup was enjoyable and those who volunteered help make a difference.
"Look forward to in the future bringing more information back, and with a lot of moving parts to talk about mitigating erosion and certain things," McGinnis said. "But it's something that we all need to be kind of aware of, and this body of water is so enjoyable, and we definitely want to try to keep it as healthy as possible, and keep control or keep an eye on certain things."
Select Board member Jason Breault asked about what the insurance is for the islands to which Town Administrator Gina Dario responded that the island is a public park, so it's covered the same way as other town land, like Glaston Park. There's no added liability.
Breault then asked from a patrol aspect what that means.
"Obviously, if we have an underage drinking party, we have no mechanism to address it, or if there's a medical emergency on that area, we would have to get a boat from Pittsfield, so obviously we have some sort of a delay there," Police Chief Rob Derksen said. "That's the only concern, I guess, is it's a park that we can't patrol and we can't regulate on a regular basis,"
Breault wondered if they could get funding for a boat down the line but Derksen said it would be difficult with his small force.
"That's pulling the thread on a sweater because then I have to have certified boat officers and, I mean, so that's training that's time away and then I would have to be able to actually put them on the boat, which again as you've heard me say a million times, most of the time I have one officer on duty so I can't split them in half and put half on a boat, half in a car, so it would be a challenge."
He added that the lake is patrolled by the state Environmental Police but with recent funding challenges, it's not that much.
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