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Dalton Fire District To Review ADU Implications on Water Rates

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — There is uncertainty surrounding implications accessory dwelling units will have on the water and sewer rates. 
 
The town does not currently have any ADUs built yet, but one has recently been permitted. The town passed its ADU bylaw in 2022, which had been in development since October 2020. 
 
It is unclear if the topic of how the town would set its sewer rates was discussed during the bylaws development. The tax collector does not have any rates for this type of housing. 
 
On Aug. 6, the state updated its law to allow AUDs without local zoning approval if they meet certain requirements. This state law would not go into effect until February 2025.
 
The Fire District, a separate governing body that oversees the Water Department, has started discussions on how to set up the water rate structure for all types of ADUs.
 
There are three main types being considered: ADUs up to 900 square feet attached to the main house, tiny houses under 400 square feet on a foundation, and mobile tiny houses on wheels, Planning Board member Don Davis said during the Board of Water Commissioners meeting on Tuesday. 
 
ADUs up to 900 square feet and attached to the main house and tiny houses are permitted in town. 
 
The Planning Board has been considering amending the bylaw to allow mobile tiny homes, 
The efforts to amend the bylaw have been met with obstacles surrounding its tax implications. More information here
 
"With us as a Planning Board, we're trying to figure out what we need to put in for stipulations, and this is why the town planner has probably reached out to you guys," Davis said. 
 
A lot of people are assuming that the town and water department can just hook up the water or sewer and be good to go, he said. 
 
However, there are a lot of things that need to be considered, including meeting the state Department of Environmental Protection regulations, backflow prevention, among other things, Davis said. 
 
The board is trying to figure out what to include in its bylaw, whether it is curb-stop, connection fees, or other matters associated with water and sewer regulations. 
 
"Just to review that, with the thought in mind that we need to make sure we protect the water system," Water Commissioner Michael Kubicki said. 
 
Once that is figured out, the district needs to adjust the regulations and rates based on the different types of units, he said. 
 
With an ADU on a foundation, there would probably be a sewer connection and a water connection with its own independent curve stop. 
 
When it becomes a sewer or a well system, then you also have to worry about conservation or the health department to figure out what the septic system is big enough to handle it, Davis said. 
 
"We're just looking for the impact fee to the people that are building or buying these and how they're going to be implemented because it's pretty unclear," he said. 
 
"Maybe they think they could just put a hose to it, and then who knows what happens. So trying to connect all the bases."  
 
With a mobile unit, if they connect a hose to it and it is there over the winter, they would need to put some kind of heat cable on it or leave it running for it not to freeze, Water Superintendent Bob Benlien said. 
 
So there are different questions that come up, like whether or not these units need to be metered, he said. 
 
ADUs on a foundation should have a separate category from mobile units, Benlien said. 
 
"If they're placed on a slab and they're attached to the ground, then I think they should have their own service connection," he said. 
 
Mobile units should have the same guidelines similar to what a mobile park has, Benlien said. 
 
It would come out of the ground and need to be frost resistant, Davis agreed. 
 
Right, Benlien said, it would have to have something like skirting and insulation around it. 
 
This is something the district needs to talk about further in detail during a future meeting when potential options have been thought about further, Kubicki said. 

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Hinsdale OKs Police Department Audit After Fatal Shooting

By Brittany PolitoiBerkshires Staff

HINSDALE, Mass. — The town has approved $25,000 for an administrative review of the police department, more than two months after police fatally shot 27-year-old Biagio Kauvil during a mental health crisis. 

Town Administrator Robert Graves said the shooting on Jan. 7 is not the only focus of the audit, and it will be several months before the Select Board receives a final report. 

During a special town meeting on March 11, an article appropriating $25,000 from free cash for an independent consultant to conduct a professional evaluation and audit of the Town's Police Department was approved. The audit includes a review of the department's policies, protocols, operations, and procedures, and concludes with a written report. 

"The Berkshire County District Attorney's Office and Massachusetts State Police are investigating the shooting, and we await their conclusions.  As we look to move forward, the International Association of Chiefs of Police, our insurance company (MIIA/Cabot Risk), and our legal counsel have recommended that the town hire an independent law enforcement consultant or firm to conduct a comprehensive administrative review of our police operation," Graves wrote in an email to iBerkshires on Friday. 

"This event is not their focus; they will assess the overall operation. We want a written assessment of our police operation's strengths and weaknesses to help Hinsdale make future changes and improvements." 

He said after completing the procurement process and signing a contract with a reputable consultant or business, it will most likely be several months before the Select Board receives the final report. 

"Still, it will help the town and police department move forward," Graves wrote. 

Last weekend, family and friends of Kauvil stood in Park Square asking for justice. A flier for the standout reads "Biagio was killed by police while experiencing a mental health crisis. Now, over seven weeks later, authorities have not yet provided any updates.

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