Dalton Board to Review Proposed Historical Building Demo Bylaw

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — The Planning Board will be reviewing a proposed bylaw surrounding the demolition of historical buildings at a future meeting. 
 
At the end of its nearly three-hour meeting last week, during which it voted to continue the Berkshire Concrete public hearing, the board briefly looked over the proposed bylaws. However, in-depth discussions were postponed to future meetings. 
 
"The purpose of going through these is really just to get them into the discussion. We don't have to vote on them tonight. It's just to get them so that they're on our radar and in discussion," said Dennis Croughwell, Planning Board clerk. 
 
The Historical Commission has proposed a bylaw to prevent the demolition of historical structures. As chair of the commission, Croughwell is required to recuse himself from all board votes on this topic.
 
If approved by the town, which would require a town meeting vote, the bylaw would prevent the immediate demolition of any building that is more than 125 years old, currently anything before 1926, Croughwell explained. 
 
The town would have a list of all buildings in town that are considered historical 
 
If approved, there would be a delay period up to one year before a demolition permit could be issued and the commission would advise the building commissioner on the issuance of demolition permits. 
 
"We have a number of historic buildings in town that could be lost because of change of ownership," Croughwell said. 
 
A current concern, for example, is that the new owners of the Crane buildings have no connection to the town, he said. 
 
"We are concerned about losing some of those, as well as some of the other historic structures that line Main Street," Croughwell said. 
 
The purpose of the bylaw would be to preserve and protect significant buildings and structures that reflect the community's architectural, historical, economic, political, and cultural heritage. 
 
The hope is that the bylaw would encourage property owners to pursue alternatives to demolition, such as selling, preserving, rehabilitating, or restoring these buildings; while also ensuring residents are notified of a demolition of a significant building. 
 
If the buildings were to be preserved there could be a number of benefits, including the possibility of turning them into housing while maintaining the historical architecture, Croughwell said. 
 
It's about preserving the character of the town, you do not want to lose buildings such as the Dalton Garage and Union Block, he said. 
 
Board Vice Chair Robert Collins questioned the bylaw in cases where it is not fiscally possible to preserve a run-down building built before 1926.
 
That is a case that can be made when requesting a demolition permit. The owner can demonstrate that the building has deteriorated to the extent that it is not possible to preserve it. 
 
Collins also disagreed with the yearlong delay, saying it is not a fair timeline for the owner. The delay would also be costly to the new owners. 
 
When the property was purchased, the new owners would know that it is a historical building and that this bylaw would be in effect, said Chairman Zack McCain III.
 
What about if the new owners didn't do their due diligence at the time of purchase and then have to carry the cost of insurance and boarding up the house, said Planner Donald Davis Jr.
 
"Then you have to  worry about what you're going to be doing to rehab it back to its original state with the stretch code," he said. 
 
"I'm definitely in favor of it, but I think 60 days would be more than adequate if anybody wanted to step up and try to save it." 
 
A number of other communities have bylaws or ordinances to delay demolition of historic structures, including North Adams, Pittsfield and Williamstown.
 
Further discussion on the bylaw will be had during a future meeting.
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Adams Couple Sentenced to Staggered Prison Terms in Death of Foster Infant

By Brittany PolitoiBerkshires Staff
PITTSFIELD, Mass. — An Adams couple will serve staggered three-to-five year prison sentences for the 2020 death of their foster infant. 
 
Matthew Tucker and Cassandra Barlow-Tucker on March 16 were found guilty of involuntary manslaughter and reckless child endangerment in the death of Kristoff Zenopolous on Feb. 18, 2020.  
 
Their sentencing was delayed by Judge Tracy Duncan until Thursday to determine how their four children, two of whom have high needs, would be cared for. 
 
Kristoff was just 10 months old when he died from complications with respiratory illness, strep throat, and pneumonia. A Superior Court jury determined that his death was a result of neglect. The commonwealth requested five years in prison and three years of probation for both defendants.
 
On Thursday, the rescheduled hearing for sentence imposition was held, and Tucker and Barlow-Tucker were sentenced to state prison for manslaughter involving neglect of legal duty, and three years of probation for reckless child endangerment. 
 
Court documents state that Barlow-Tucker was committed to the Massachusetts Correctional Institution in Framingham. She will serve three to five years there first; her husband, will serve his sentence once hers is completed but will be on probation.
 
"The sentences imposed will be a state prison sentence of not less than 3 years and not more than 5 years to MCI as to each Defendant as to count #1. The sentences will be staggered. Ms. Barlow-Tucker will serve her incarceration sentence first," court dockets read.  
 
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