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Dalton Planning Board Proposes Earth-Removal Bylaw Amendments

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — The Planning Board will review a proposed amendment to the earth-removal bylaw at a future meeting that will include provisions for dealing with dust and debris.
 
At the end of its nearly three-hour meeting last week, during which the board voted to continue the Berkshire Concrete public hearing, the board briefly looked over the proposed changes. However, in-depth discussions were postponed to future meetings. 
 
The proposal substantially amends the earth-removal zoning bylaw, specifically the requirement section, to make the language more detailed and to add a stipulation requiring a dust mitigation plan and a reclamation plan. 
 
It maintains in Section One that any application shall be accompanied by a plan prepared by a professional civil engineer and land surveyor registered in Massachusetts. However, the amendment would also require that it be provided in both digital and hard-copy formats. 
 
It proposes that all associated drawings, such as a proposed extraction, restoration, or other associated plans, be overlaid on the master plan of the property. 
 
It also details what to include in each overlay: 
  • The master plan would need to include all separately identified or associated lots that are within the property boundaries. 
  • The operation overplay plan would need to have all areas where operations will take place during the current authorized permit. 
  • The reclamation overlay plan would need to include all areas to be reclaimed during the current authorized permit.
The proposed amendment then created subcategories for each overlay and provides detailed expectations for what to include. 
 
The currency bylaw says that "The plan shall contain the following." However, the proposed amendment breaks this out into its own section (A), which states "the master plan shall contain the following." 
 
This section is divided into five parts: demographics; access routes; existing watercourses and water bodies; and property lines, monuments, or fixed structures. 
 
Part two of the master plan section maintains a portion of the language in the current bylaw, which says 
 
"Existing grades in the area, and in the surrounding area, from which the above material is to be removed, together with the proposed finished grades at the conclusion of the operation, and the proposed cover vegetation and trees. Grades shall be shown at two-foot intervals." 
 
The amendment cuts "together with the proposed finished grades at the conclusion of the operation, and the proposed cover vegetation and trees," and changes two-foot intervals to ten-foot intervals. 
 
The amendment adds an overlay plan to the master plan, with a proposed on-site operations section (Section B), broken down into two parts.
 
It includes and expands upon parts F and G of the current bylaws: phased areas, if any, and proposed disposal of existing foliage and trees.
 
The amendment proposes the following language:
 
All proposed, or planned area(s) of planned operations, inclusive of all extraction, processing, and/or storage areas, included projected phased extraction areas, if any, along with any proposed roads or other fixed means of transportation extracted materials.
 
Proposed disposal methodology and location of any vegetation such as foliage, trees, stumps, and associated debris, to be removed in the process of any proposed extraction effort. 
 
The amendment adds a Section D, requiring the applicant to provide a proposed dust and noise mitigation plan. 
 
The remaining sections of the amendment are similar to the current bylaw. However, it changes oversight and approval from the Planning Board to a "Special Permit Granting Authority."
 
The proposed amendment to the zoning section of the town's bylaws, under definitions, adds Special Permit Granting Authority, a local municipal board designated by town zoning bylaws that reviews and grants special permits for specific land uses or development projects. 
 
Its role is to ensure projects meet local criteria, benefit the community, and comply with state zoning laws, all while safeguarding neighborhood interests.
 
The final change is to section eight of the current bylaws, which currently says, "Soil shall not be disturbed within 150 feet of boundaries of the premises, except at the conclusion of operations if required in order to improve the overall grading." 
 
The proposed change says, "No existing vegetation and/or soil shall not be disturbed within 150 feet of boundaries of the premises, except at the conclusion of operations if required in order to improve the overall grading, or as so defined by the permit conditions. 

Tags: dust, debris,   Planning Board,   special permit,   

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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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