Berkshire Village Residents Challenge Cheshire Permitting Process

By Sabrina DammsiBerkshires Staff
Print Story | Email Story
CHESHIRE, Mass. — Leaders of the Berkshire Village Tenants Association are questioning whether the town adhered to proper state procedures when permitting Crown Communities LLC to operate.
 
For the past two years, Crown Communities has operated under a lodging permit. However, leaders of the Berkshire Village Tenants Association are questioning whether proper state procedures were followed. 
 
During Monday's Board of Health meeting, officials stated that the town will seek clarification on the proper procedure for permitting or licensing manufactured housing parks.
 
"When you get the clarification, I'll make a suggestion that you be very careful how things are worded," said William Moreau, president of the Berkshire Village Tenants Association. 
 
"Again its very easy to get things confused and misinterpret stuff. There's a lot of misinterpretation going around."
 
Residents have repeatedly said they have been enduring the mobile home park's unsafe and deteriorating conditions for nearly 10 years because of neglect by the previous owners. 
 
"We are getting nowhere and it is frustrating," Moreau told iBerkshires.com. 
 
According to the town's property card, Crown Communities purchased the park in December 2022 for $1 and, since then, has claimed to be spending millions to upgrade it. 
 
Although Berkshire Village residents claim to experience ongoing issues with the park's deteriorating condition, including problems with the septic systems, electrical services, water, and roads. More information here
 
The Board of Health renewed Crown Communities' permit on Jan. 2, imposing several stipulations: solid waste management, water supply, electrical supply, maintenance of sewer and wastewater disposal with pumping records, community rules approved by the Attorney General's Office, and a copy of the water test if the property is not on the public water system.
 
Health Agent James Massey said he plans to do the park's annual inspection in April once all the snow is gone. 
 
Moreau criticized the permit renewal process, arguing that it occurred without a public hearing and did not align with proper state procedures.
 
In a follow-up with iBerkshires.com, Town Administrator Jennifer Morse said Berkshire Village has had a permit dating as far back as the 1950s, however, records are incomplete. Since this is not a new development, a public hearing is not required. 
 
Moreau said a lodging permit is not the same as a manufactured housing community license, that takes into consideration the complexities of a park in which residents own the home but not the land it sits on. 
 
"Massachusetts is one of the few states in the union that has come up with a very comprehensive group of laws and codes to cover manufactured homes to try and resolve some of these issues," he said. 
 
"One issue that the state has identified and is currently working on is a lack of understanding and the licensing process. They do have a training program available. Unfortunately, right now, it's not mandatory that boards of health take it." 
 
A lodging permit is the closest thing the town has to a permit for manufactured housing parks, Health Agent Valerie Bird said. 
 
The permit lists several types of operations, including hotels, family campgrounds, rental trailer parks, and casual lodging, among others. Berkshire Village marked "Other" and lists manufactured housing park as the purpose. 
 
This year, the town uses Full Circle, formerly PermitEyes, to manage its permitting, which aligns with this system that the town has used historically. 
 
"That's actually the closest thing we had to it. We are working on that, on getting something more conducive to manufactured homes," Bird said. 
 
Morse said a permit and a license are the exact same thing in Cheshire. Moreau disagrees with this. 
 
In correspondence between Berkshire Village Tenants Association and the town, Moreau questions the decision to renew the permit before the annual inspection given the issues that tenants have been experiencing. 
 
The issuance of the permit removes tenants' leverage to force repairs, Moreau said in a follow-up. 

Tags: mobile home park,   permitting,   

If you would like to contribute information on this article, contact us at info@iberkshires.com.

Adams Fire Deliberates Next Steps on Retirement Mandate

By Breanna SteeleiBerkshires Staff

ADAMS, Mass. — The Fire Department is seeking clarifications on how the state's mandatory retirement age for firefighters will affect its older members who aren't involved in firefighting. 

Earlier this month, the Fire District questioned the impact of the retirement mandate after four Dalton firefighters, including the interim chief, had to retire.

During a workshop on Monday, board members said they will seek a legal opinion regarding the district's available options. With Chief John Pansecchi set to retire, First Assistant Engineer David Lennon intends to run for the chief position, while Edward Capeless plans to run for Lennon's current role.

Pansecchi went over some of the department's policies, stating that members 65 and older are just support members and are exterior only (as opposed to entering a building).

The board is looking to also clarify its insurance related to what ages it covered. 

"We have documentation that in 2021 our insurance company said that we were covered for everything, but after 70 we weren't covered for heart circulation. We're trying to verify the current age," Pansecchi said, stating the company may have changed its policies.

He also would like to know if the district creates a separate support person, what would be needed to make sure they cover their insurance bases.

Lennon brought examples from other communities which have had to deal with the mandatory retirements and how they used home rule petitions through the Legislature to keep older firefighters on. Some had done it by department and some by individuals, and got district meeting votes before applying. 

They plan to ask state Rep. John Barrett III to guide them on a home-rule petition as well as look at sample language from others who have applied.

Lennon suggested having fire company members who are 65 and older not wear fire gear at a scene,  but rather a coat or vest that will show they are affiliated with the department.

"What we would like to do, to keep the Prudential Committee comfortable with what's going on, because we do want to have safety for all of our firefighters," he said. "The safety of my guys that are inside are directly affected by the person I have outside. So he's making judgement calls, and he's getting resources that we need, and there needs to be somebody to do that.

"And when take some of those people away that can do that, but can't be interior, we remove more interior people, which is not advantageous."

He said Capeless is a valuable asset as he usually is outside of the fire.

"We just had a structure fire, and the way that worked was, we got to work. We took over command, stayed outside. He did the radio work. He got resources while the people were inside. Now, if we take that out of that picture, that means one of the people working [inside] has to now go outside, and so that's where we come down to," Lennon said.

The team is also working with legal counsel to find out if support members should be driving the vehicles and what other liability exposures there might be.

Pansecchi said the department is comprised of a core of 15 members and will lose one once he leaves next month, and the loss of another five affected by the mandate will have a deleterious impact.

"Thirty-three on the roster. If you remove these five individuals, bring us down to 28 out of those, one's on regular military leave, two apprentices have not been showing up and may be removed in their future, one of the engineers has not responded to a call in months," he said. "That brings us down to 23 then we have about eight members, not including the above members, that have made less than 10 percent of the calls." 

Board members agreed to start the uniform differential with the older members and said  they will consider next once they have more information.

View Full Story

More Adams Stories