Dalton Zoning Denies Berkshire Concrete's Appeal for Dig Site

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — The Zoning Board maintained its decision that Berkshire Concrete's unauthorized dig site on parcel No. 105-16 needs to be fully remediated or covered to abide by town bylaws.
 
In October, the board voted that Berkshire Concrete violated zoning bylaw 350-61 Section E. Restoration. A decision that Petricca Industries, the parent company of Berkshire Concrete, appealed.
 
During the appeal's public hearing last week, Berkshire Concrete's attorney, Dennis Egan Jr. of Cohen Kinne Valicenti & Cook LLP, argued that the restoration requirements and the enforcement order were incorrectly applied, given the history and current status of its permits.
 
Egan said the zoning bylaws are not applicable because the property is a pre-existing, nonconforming use, established before zoning bylaws existed. Berkshire Concrete operations began in 1947 and zoning was adopted in 1951.
 
Additionally, a special permit issued in 1992 encompasses the entire property. Berkshire Concrete renews this permit every two years, specifying which parcels will be mined during that period.
 
The parcel causing the most contention 105-16 was not included in its special permit renewal application due to a "clerical error" resulting in abutters not being notified.
 
At the advice of town counsel, all work stopped, and Berkshire Concrete was required to reapply for this permit under this parcel number.
 
The public hearing on this matter was continued to allow Berkshire Concrete time to gather that information. More information here.
 
 
Egan claimed that while specific operations on parcel 105-16 ceased, this was not "voluntary" because of orders by the town.
 
The board's previous justification for their initial determination was because operations were voluntarily stopped once the cease-and-desist order had been sent.
 
Attendees against the appeal said that according to town bylaws, restoration of the affected parcel is mandatory upon cessation, voluntary or otherwise.
 
"This bylaw shall not apply to a removal operation which is subject of an official, valid permit or license issued in writing prior to the effective date of this bylaw, or which is being conducted in compliance with requirements of a subdivision plan approved by the planning board," Select Board member Anthony "Tony" Pagliarulo quoted the town's bylaws.
 
"So in fact, it was not an approved permit. Consequently, the bylaw is in effect in terms of restoration."
During the meeting, attendees highlighted how the pit is covered with snow which has helped mitigate the sand leaving the parcel but that will not always be they case.
 
They also reiterated their concerns surrounding the pit including its impact on property values, the environment, and public health.
 
Egan argued that the Zoning Board of Appeals lacks the authority to enforce restoration and said he believed responsibility lies with the Planning Board, particularly since Berkshire Concrete is currently seeking permit renewal through that board.
 
Those against the appeal expressed distrust in Berkshire Concrete's intentions and past behavior, calling for the board to enforce immediate cleanup and not be swayed by pending applications.
The board unanimously voted to uphold its initial decision.
 
"I don't really see how anything has changed. They dug without a valid permit. It should be remediated," said Caleb Darby, board vice chair.
 
They also noted that even if the planning board gave future permission for the parcel, it would not affect the current denial.
 
"They neglected, or they at least didn't put it on the application and they went and did it, and then it created the problem," board Chair Anthony Doyle said.
 
"Whether or not that cease and desist order constitutes a voluntary cessation of activity, it seems to me that they had to cease…It's still a problem and that they have to remediate it."

Tags: ZBA,   berkshire concrete,   dust, debris,   

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Lanesborough Town Election Sees Expanded Select Board

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — The Select Board will now have five people serving with the addition of two more board members elected on Tuesday. 

Juli Baker, Jeffery Walters and incumbent Michael Murphy took the three seats up for election in a five-way race, winning a three-year, two-year and one-year seat respectively based on the number of votes received. Out of the running were Scott Graves and Christian Halley.

Out of the more than 2,600 registered voters, 328 cast ballots Tuesday in the annual town election, or about a 12 percent turnout. 

The current board consists of Chair Deborah Maynard, Jason Breault, and Murphy. The new board was voted to have five members back in 2024 at the annual town meeting after resident Kristen Tool filed a citizens petition to expand it. The home-rule petition was sent to the Legislature and was approved late last year.

Murphy was running for a third term. He said he is not done with his work on the board and wants to see more projects done like the mall. He was voted back on with 168 votes for a one-year term.

"I feel like I've put in a good six years, but I do feel like there's a couple things that I'd like to see through that are still, you know, somewhere either on the front burner or the back burner," he said. "I'll talk about the mall, I'd love to play a role in seeing how that plays out. What's moved to the back burner after being on the front burner for a couple years is the need for a new police station. I still believe there's a need for that."

He is proud to be a part of the board that will expand its members and to have helped the town have a better atmosphere and attitude toward its residents.

"My proudest accomplishment is getting a better home for our Police Department, one that they need very well," Murphy said. "Some of the things that surprised me a little bit, but that I think I had an impact on, is improving the atmosphere within the Town Hall building. I think that's the best way to put it. There was a time, and I heard from many, many people in the community when I ran that I was surprised to hear how they didn't feel welcomed, they didn't feel comfortable, and I think that that attitude and that atmosphere has changed, and I've had something to do that."

Baker won the three-year term with 258 votes. Baker has been in Lanesborough since 2021 and has been participating on the Finance Committee, which she will now leave to be on the Select Board.

She ran because she felt she could help with her experience on many other boards and her ability to be a leader and see both sides of every story.

"I've had a lot of input into other groups like the planning board and the zoning board, and a lot of the issues that have been happening in town, and I feel like I have a very level head about very contentious issues, I look at all sides of every issue and cut through the emotions and get to the bottom of what the issue is and what's best for Lanesborough," she said.

Key issues she plans to address include managing tax increases that she has done with the finance board, addressing the short-term rental bylaw, and resolving the stalemate over the mall property to find the best way to get real value from the property.

Walters took the two-year term with 215 votes. Walters has been a resident for 26 years and owns Snap-On Tools dealership. He said he looks forward to working with the board and says one of the key issues he has heard is the taxes and wants to help maintain the residents taxes. He said he has been talking about running for about eight years and the bigger board helped push him to put his name on the ballot.

"I said I would like to run for a selectman. We're going to a five person select board, so I thought it'd be a good time. Being a small business owner, I feel I have something to contribute to add to the people that we have already in the Select Board," he said.

Graves said he wanted to be on the board to help others in the community feel welcome as he did not when he first came.

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