DALTON, Mass. — The dispute between Berkshire Concrete and the town has taken another turn as the town pursues a countersuit against the excavation company.

 

On April 13, Berkshire Concrete Corp., a subsidiary of Petricca Industries, launched legal action against the town, seeking damages, the overturning of the Planning Board's denial of its special permit, and additional proposed orders of a court. 

 

The town has responded with a countersuit of its own, seeking a preliminary injunction requiring Berkshire Concrete to fully restore Lot 105-16 and a permanent injunction mandating an effective dust mitigation plan. 

 

The suit also requests that Berkshire Concrete pay all fines assessed against them, along with the town’s legal costs and attorney's fees, and other relief deemed by the court. 

 

The claim explains the timeline of events dating back to 2024 when Berkshire Concrete started mining without town approval on parcel 105-16, clearing trees and vegetation that abuttors claimed acted as a natural barrier. 

 

The removal of this vegetation resulted in the creation of a corridor for wind to carry dust from the lot and onto residential properties in the abutting neighborhood, the suit claims. 

 

Almost a year ago, both the Select Board and Planning Board expressed that they wanted parcel No. 105-16 fully mitigated to abide by the town's bylaws.

 

This vote was supported by the Zoning Board of Appeals, which ruled that Berkshire Concrete had violated zoning bylaw 350-61 Section E. Restoration. 

 

Petricca Industries appealed this decision, however, ZBA upheld its initial vote and ordered the company to fully remediate or cover the dig site to abide by town bylaws.

 

View all previous stories iBerkshires has written about the situation here. 

 

The town claims that Berkshire Concrete violated the town’s zoning laws by not remediating the entire parcel, adversely impacting the public health, comfort, and convenience of the abutting neighborhood. 

 

The suit outlined the number of efforts the town underwent to compel Berkshire Concrete to comply with the town's bylaws including numerous meetings, numerous letters, fines, and obtaining consulting services from Berkshire Environmental Consultants, Inc.. 

 

Berkshire Concrete was issued a $50 fine on April 25; a subsequent $100 on April 26, and $300 daily fines continuing thereafter until a detailed restoration plan is received. The town continues to issue daily fines, which Berkshire Concrete still has not paid. 

 

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.

 

This fine went unpaid and was not appealed. However, Berkshire Concrete did appeal the subsequent fine of $10,000.

 

During its meeting in April, the Board of Health voted to uphold the fines. These fines have also gone unpaid.