DALTON, Mass. — After five meetings, the Planning Board voted to deny Berkshire Concrete's special permit, however, the company can still reapply before its current permit expires.
After about 40 minutes of deliberation, board members reiterated recurring concerns raised in previous meetings: the company's lack of clear mitigation plans and ambiguous documentation outlining its work plans.
"I really have no confidence in their proposal so far," said Chair Zack McCain III.
The board denied the permit without prejudice, meaning Berkshire Concrete, a subsidiary of Petricca Industries, can reapply before its current permit expires in December 2027.
According to the current permit, earth removal, such as excavation, processing, and reclamation is allowed on lots 217-3 and 106-55.1, but is subject to several conditions set forth in 1992, 1994, and 2000.
Conditions include hours of operations, traffic regulations, restoration requirements, and other stipulations.
This decision indicates the board's belief, based on testimony and provided evidence that the excavation activities in the areas cannot occur without having a negative impact on the abutting neighborhood.
Prior to the decision, the board continued the public hearing three times urging that Berkshire Concrete provide updated documents that are accurate and clear, including a sufficient dust mitigation plan.
"They should modify it for some of the things we've suggested or we've talked about, they also should provide better information than what they have over the past two years," McCain said.
On March 2, the Board of Health issued a $5,000 fine to Berkshire Concrete, 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.
Updated plans maintained 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 Drive, on parcels 101-25 and 105-12.
McCain said the documents provided by Berkshire Concrete's legal counsel on how to address the sand leaving its property do not align with what has actually been done.
Additionally, it has been observed that the trucks leaving the site have been overloaded and although covered, the sand falls out of the vehicle as a result of the truck's vibrations, he said.
"We really have not gotten sufficient information from them on the policies and procedures and activities… [and] things they would do to stop the dust," McCain said.
"Their dust mitigation plan is just a half a page of verbiage and no real specifics on how that's going to happen.
Another concern raised was Berkshire Concrete's proposal to continue excavation closer the the neighborhoods.
The town's bylaws restrict excavation in a 100 ft buffer; however this does not include vegetation. Future permits should restrict vegetation from being removed in the buffer zone, McCain said.
Residents have previously criticized the trees removed from the unauthorized dig site on parcel 105-16 for exacerbating the dust left on the site, as they removed a natural barrier.
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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.
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.