Dalton Board Continues Berkshire Concrete Permit for Fourth Time

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — The saga over Berkshire Concrete's special permit persists as the Planning Board last week voted to continue the hearing for the fourth time. 
 
Some movement had been made as the board agreed to close the public hearing and enter into  deliberations, which means no further comments or submissions can be made by the audience or the applicant. 
 
"I know everybody wants to get this done. I do too, believe me, but I think it's best if we review the information we have and the new information we have and make better decisions," said Chair Zack McCain III. 
 
During the prior three meetings, the board asked Petricca Industries, the parent company of Berkshire Concrete, to provide updated, accurate, and clear plans. 
 
Board members said they did not receive the documentations until Tuesday; the hearing was on Wednesday.
 
Petricca Industries' attorney Dennis Egan Jr. of Cohen Kinne Valicenti & Cook LLP, said that assertion was misleading because the town electronically received the updated documents the prior week and the physical copies were delivered on Tuesday. Town Hall is closed on Friday and there was a snowstorm on Monday. 
 
The board reviewed the updated documents, in addition to the overlay of the 1994 special permit onto the drawing submitted in October, which the board requested Berkshire Concrete create but didn't so a board member did it instead. 
 
The documents mapped out parcel boundaries, areas permitted and previously mined, identified reclamation areas, tree-planting zones, and the buffer lines. 
 
Berkshire Concrete's updated map shows a 200-foot setback from the pond and a 150-foot property setback, which they breached during the excavation on the unauthorized dig site. 
 
Egan argued that Berkshire Concrete is subject to a 100-foot setback, as specified by the 1992 town regulations, rather than the 150-foot setback shown in the updated documents.
 
The 150-foot setback was presented as a possible concession going forward, he said.
 
The updated plans maintain Berkshire Concrete's request to continue excavation on the unauthorized dig site on parcel 105-16, part of which has since been partially mitigated, and continues the work up towards Renee Dr., on parcels 101-25 and 105-12.
 
Some of the proposed excavation sites have already been mined and remediated, prompting questions about whether Berkshire Concrete's prior agreements prohibit them from returning to these sites after remediation.
 
Egan explained that the 1994 plan restricted the number of open faces and mandated permanent vegetative cover for stabilization, but it did not impose an outright ban on future extraction. The intent was to control the number of open faces, not to prohibit all future operations.

Tags: berkshire concrete,   dust, debris,   permitting,   Planning Board,   

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Pittsfield Subcommittee Considers E-Bike Safety

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — Some city councilors want to explore ways to encourage safe e-bike use. 

On Monday, the Ordinances and Rules Subcommittee discussed the request by Councilor At Large Kathy Amuso and Ward 3 Councilor Matthew Wrinn to increase enforcement of bicycle and e-bike use on Pittsfield streets, install signage in high-traffic areas, and launch an educational program for kids. 

Amuso has received reports of kids riding motorized bikes at 15 to 20 mph on the sidewalk while people are trying to back out of their driveways, and she fears someone might get hurt.  

She said that if they could start with some basics, such as riding with traffic in bike lanes and requiring operators under 16 to wear helmets, it would address most of the calls. 

"Do I think we need to put 10 police on trying to find e-bikes throughout the city? I don't," she said. "But there are enough calls that I'm getting, and other councilors are getting, that we have to say, ‘OK, what can we do?’ And we have a lot of bike lanes in Pittsfield, and the e-bikes and all bikes should be in the bike lanes, not on the sidewalk."

The petition was tabled so that the Department of Public Works can study it and gather further information.  

In Massachusetts, an e-bike with a top speed of 20 mph and a motor of 750 watts or less is classified as a traditional bicycle. State law defines two e-bike classes: 

  • "Class 1 electric bicycle" is defined as having a motor of 750 watts or less that provides assistance only when the rider is pedaling and ceases to assist when the bicycle reaches 20 mph.
     
  • "Class 2 electric bicycle" is defined as having a motor of 750 watts or less that may be used exclusively to propel the bicycle and is not capable of assisting when the bicycle reaches 20 mph.

Riders 16 years or younger must wear a helmet by law.  

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