Berkshire Concrete Fined, Ordered to Restore Digsite

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — After more than a year of residents demanding action, it appears that pressure is finally being placed on Berkshire Concrete.
 
On March 2, the Board of Health issued a $5,000 fine to Berkshire Concrete, a subsidiary of Petricca Industries, for creating a public nuisance by allowing sand and dust to leave the property and for failing to submit an adequate dust mitigation plan despite numerous orders. Future violations may result in fines of up to $10,000 per infraction.
 
"The Board expects that you will submit a comprehensive dust mitigation plan forthwith including immediate action plans and long-term action plans to remedy the ongoing dust impacts from the property," the notice said. 
 
"Strict compliance with the mitigation plan will be necessary to avoid future fines and/or court action." 
 
Berkshire Concrete has a right to appeal the decision by requesting a public hearing before the board within 14 days of receiving the notice. The next available meeting date for such a hearing will be April 14. 
 
In addition to being fined, the building inspector has issued a zoning order to restore the unauthorized digsite on parcel No. 105-16, following the Zoning Board of Appeals decision that it violated zoning bylaw 350-61 Section E. Restoration.
 
Berkshire Concrete is required to submit by March 15 a written plan and timeline of no more than a 30-day window to complete this work to avoid being issued a violation notice and a fine.
 
The parcel was not included in its special permit renewal application because of a "clerical error" resulting in abutters not being notified and the Planning Board issuing a cease-work order until a new permit is issued.
 
Officials from the Select Board and Planning Board agreed that parcel No. 105-16 should be fully mitigated to adhere to town bylaws, specifically section 350-90, the performance standard. 
 
Although the Zoning Board did not agree that it is a violation of the performance standard, it determined Berkshire Concrete violated 350-61 Section E. Restoration because the company did not get a permit for the parcel, and given that earth removal occurred and then ceased, the site should be fully remediated to comply with the bylaw. 
 
Berkshire Concrete appealed this determination but the board maintained its maintained its decision. 
 
 
The board members closed the public hearing and entered into deliberations, but chose not to discuss the permit in order to give themselves more time to review updated documents, which they stated were only received the day before the hearing.

Tags: berkshire concrete,   BOH,   fines,   permitting,   

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Thunder 16U Holds Off Force in Weather-Shortened Contest

By Ben McDonoughFor iBerkshires.com Sports
PITTSFIELD, Mass. -- The Greylock Thunder capitalized on an early offensive surge and held off a resilient Berkshire Force squad for an 11-7 victory in a game that was called after five innings because of weather in 16U division of the Battle of the Berkshires Tournament on Friday.
 
Greylock wasted little time getting on the board in the top of the first inning. Consecutive singles put runners on the corners before another base hit brought home the game’s first run. The Thunder continued to apply pressure as a fielder’s choice kept the inning alive and Bayleigh Tatro ripped an RBI double to left field. An ensuing sacrifice fly plated another run, giving Greylock a 4-0 advantage.
 
Berkshire answered immediately in the bottom half of the inning. After retiring the first two Thunder batters, Greylock pitcher Avery Lane saw the Force string together quality at-bats. A single put a runner aboard before Madilyn Demary’s RBI double got Berkshire on the scoreboard. Another run-scoring single followed, trimming the deficit to 4-2 after one inning.
 
The Force went ahead, 5-4, in the second thanks to RBI singles from Alliah DiPietro and Mollie Crawford.
 
The Thunder then scored four times in the third to take the lead for good. Gianna Witek got the rally started with a double to left, and Greylock took advantage of a couple of errors and a bases-loaded walk worked by Lane to go ahead, 8-5.
 
Berkshire continued to battle and nearly erased the deficit in the third. The Force put runners on base with a walk and aggressive baserunning kept the pressure on. A runner crossed the plate during a steal attempt, and Berkshire added more traffic on the bases before Greylock's Lane recorded a swinging strikeout to end the threat with runners on first and second.
 
Greylock was able to pull away with a pair of runs in the top of the fourth and one more in the fifth to go ahead, 11-7.
 
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