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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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Lanesborough Seeks State Support for Berkshire Mall Redevelopment

By Sabrina DammsiBerkshires.com
LANESBOROUGH, Mass. — The town plans to petition the state to take ownership of the Route 7/Route 8 Connector Road, which officials believe is a "critical component" of the Berkshire Mall’s redevelopment strategy.
 
On Tuesday, the Select Board approved a letter to state Sen. Paul Mark and state Rep. John Barrett III to request their support for the vacant mall's redevelopment by helping advance transfer of the Route 7/Route 8 connector and considering funding for essential infrastructure.
 
"We have held discussions with the Baker Hill Road District … which will take the necessary steps to formally petition the commonwealth to take over ownership of the Route 7, Route 8 connector…Your continued support in facilitating this transfer is greatly appreciated," the letter says. 
 
Berkshire Mall owner JMJ RE Holdings has said the potential sale and redevelopment of the mall hinges on dissolving the Baker Hill Road District, a condition of the agreement that, if unmet, would render the contract null and void.
 
As a result, the mall will continue to deteriorate and the litigation will proceed forward, said Tim Grogan, of JMJ. 
 
Vera Farrell, the liaison to the Baker Hill Road District, said the district board had discussed at one of its most recent meetings that the connector road could be transferred directly to the state, rather than returned to the town; Barrett and Mark were also a part of the discussion.
 
"The representatives recommended that as an option, that it could transfer the connector road directly to the state, as opposed to deeding it back to the town to dispense it. If we get to that point, that would be a better option to do it that way," Farrell said. 
 
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