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 Planners Bring STR, ADU, Signage Bylaws for Town Vote
By Breanna SteeleiBerkshires Staff
LANESBOROUGH, Mass. — The Planning Board held a public hearing on the much anticipated bylaws for short-term rentals, accessory dwelling units, and signage to be presented at the annual town meeting.
For the past few months, planners have diligently been working on wordage of the new bylaws after Second Drop Farm's short-term rental was given a cease and desist because the building inspector said town bylaws don't support them.
The board voted on each of the four articles and heard public comment before moving to entertain any amendments brought forward.
A lot of discussion in the STR section was around parking. Currently the drafted bylaw for parking states short-term rentals require two parking spaces, and with three or more bedrooms, require three spaces but never more than five.
There were questions about the reasons for limiting parking and how they will regulate parking renters choose to park on the lawn or the street. Planners said it is not their call, that is up to the property owner and if it is a public street that would be up to the authorities.
Some attendees called for tighter regulation to make sure neighborhoods are protected from overflow.
Lynn Terry said she lives next to one of the rented houses on Narragansett Avenue and does not feel safe with all of the cars that are parked there. She said there can be up to 10 at a time on the narrow road, and that some people have asked to use her driveway to park. She thinks limiting to five cars based on the house, is very important.
The wordage was amended to say a parking space for each bedroom of the house.
Rich Cohen brought up how his own STR at the Old Stone School helps bring in money and helps to preserve the historic landmark. He told the board he liked what they did and wants to see it pass at town meeting, knowing it might be revised later on.
He said the bylaws now should not be a "one size fits all" but may need to be adjusted to help protect neighborhoods and also preserve places like his.
After asking the audience of fewer than 20 people, the board decided to amend the amount of time an short-term rental can be reserved to 180 days total a year in a residential zone, and 365 days a year in every other zone. This was in the hopes the bylaw will be passed and help to deter companies from buying up properties to run STRs as well as protecting the neighborhood character and stability.
They also capped the stay limit of a guest to 31 days.
Cohen also asked them to add "if applicable" to the Certificate of Inspection rule as the state's rules might change and it can help stop confusion if they have incorrect requirement that the state doesn't need.
The ADU portion did not have much public comment but there were some minor amendments because of notes from KP Law, the town counsel.
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