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Dalton residents have been pushing town officials to take action against Berkshire Concrete, which they say is coating their neighborhoods with dust and sand.
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More than 350 people have signed a petition asking for action.

Dalton Health Board Orders Dust-Abatement Plan for Concrete Site

By Sabrina DammsiBerkshires Staff
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Residents protest on Wednesday ahead of a Board of Health meeting. 
DALTON, Mass. —  Residents urged for quicker action to address the dust and particulates affecting their neighborhood allegedly from Berkshire Concrete's dig site.
 
During Wednesday's meeting, the Board of Health voted to send a letter to the company requiring a comprehensive plan by April 25. 
 
This letter establishes a formal deadline for submitting a detailed plan to address the dust nuisance and notes that failure to comply with this requirement could lead to financial penalties and potential legal action.
 
The board also recommended to request that a third-party review the dust mitigation plans and ongoing air quality monitoring as conditions of the special permit for Berkshire Concrete.
 
Resident David Pugh argued that Petricca Industries, the parent company of Berkshire Concrete, has shown a generational disregard. 
 
"The history speaks for itself," he said. A petition submitted by residents argues this point, using newspaper clippings dating back to 1976. 
 
"What we need with [the board's] action, is the same level of reaction by the people who created the problem to begin," Pugh said. 
 
"So our reaction has been very strongly coordinated. Their reaction has been very slow and one of inaction, and that's where the real frustration."
 
Since February, more than 100 residents have been searching for a solution to the sand they say is causing health issues. 
 
Many have attended meetings of the Select Board, Conservation Commission, Board of Health, and Planning Board to demonstrate their complaints.
 
The issue resulted in a petition that gathered 357 signatures to urge the boards to take strict action on the situation. 
 
"One of the things I want to have happen within all this process is a better process with the town and the different boards, the Planning Board, the permitting your oversight as a Board of Health, so when something goes wrong, you have a plan in place to react," Pugh said.
 
The board voted to issue layered fines for situations such as this based upon the violation itself, the basis of the violation, and the history behind the circumstances. 
 
The first violation would range from $1,000 to $5,000 and subsequent violations can get fined up to $10,000 per violation.
 
During the meeting, residents advocated for ongoing, continuous air quality testing and highlighted how this would aid in enforcement because it shows when the violations take place. 
 
After months of residents demanding action and town boards navigating a process toward a resolution and getting the sand tested, the state Department of Environmental Protection determined that the dust is not an air quality health concern but a nuisance, which the town is the regulatory authority to mitigate. 
 
Sampling was conducted at multiple locations: 38 Deming St., 30 Florence St., 33 Florence St., and the upper end of Prospect Street.
 
For background information, Silver Lake in Pittsfield, which serves as the monitoring station for DEP, was included in the analysis. 
 
The sampling occurred over three days: March 3, March 12 (which had light winds), and March 21 (which experienced strong winds).
 
Residents expressed skepticism of these results, saying the sampling does not reflect their daily lived experience. 
 
Ronald Griffin disagreed with the state's assessment that the sand is not a health risk, citing a note from his wife's doctor saying the contrary. Griffin said, he and his wife, Lynne Griffin, are willing to share this with the Board of Health.  
 
On March 12, Town Health Agent Agnes Witkowski issued a cease-and-desist letter to Berkshire Concrete, ordering that they abate nuisance conditions. 
 
On March 26, the town received a response from Berkshire Concrete's attorneys Cohen, Kinne, Valicenti, and Cook. 
 
"While [Berkshire Concrete Corporation] does not agree that the activities set forth in the order constitute a nuisance, BCC has been working diligently and thoughtfully with Foresight Land Services Inc. to complete a comprehensive mitigation plan addressing issues set forth in the order, as well as, the issues brought to BCC's attention by the [Planning Board,]" attorney Dennis Egan Jr. wrote in the letter. 
 
The attorney claims that the last remaining piece of the plan is a map that shows the specific parcels, including the areas for mitigation, and is expected to be complete by "early next week."
 
A final dust mitigation plan has not yet been submitted. The town did receive a preliminary plan, which was considered incomplete.

Tags: berkshire concrete,   BOH,   dust, debris,   

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BRTA Focuses on a New Run Schedule

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Berkshire Regional Transit Authority is still working on maintaining its run schedules after dropping the route realignment proposal.

Last Thursday's meeting was Administrator Kathleen Lambert's first official meeting taking over the reins; retiring director Robert Malnati stayed during a transition period that ended last month.

Lambert is trying to create a schedule that will lessen cancellations. There was a two-hour meeting the week before with the drivers union to negotiate run bids and Lambert is working with the new operating company Keolis, which is taking over from Transdev.

The board spoke about anonymous emails from drivers, which Lambert said she has not seen. iBerkshires was not able to see those letters, but has received some. 

"They were lengthy emails from someone describing themselves as concerning BRTA employee, and there was a signed letter from a whole group of employees basically stating their concerns. So, you know, to me, it was a set of whistleblowers, and that, what my understanding is that this really triggers a need for some type of process to review the merits of these whistleblowers, not going to call them accusations, but basically expressions of concern," said member Stephen Bannon.

A letter iBerkshires received spoke of unhappy drivers who were considering quitting because of decisions being made without "input from frontline staff," frustration and falling morale, and the removal of the former general manager shortly after Lambert came in.

Lambert said it's difficult to navigate a new change. She also noted many drivers don't want to do Saturday runs and it has been hard negotiating with drivers on the new runs.

"I would like you all to keep in mind that the process of change is super difficult. Transdev has been here for 20 years, and some of these drivers have never known any other operating company, the way some of the operations have been handled has been archaic," she said. "So getting folks up to speed on how a modern transit system works is going to be painful for them. So I don't want to say that I'm unsympathetic, because I am sympathetic, but I am trying to coax people along with a system that's going to seem very strange to them."

The board spoke about better communication between them and Lambert, citing cooperation will be best moving forward.

"There's just a lot of stuff in the air right now, and there are a lot of fires to put out to make this a coordinated effort. And if we don't keep our communications open and be straightforward, then you get blindsided about how you know the input that you could get from us about your position, and how you know what's going on in your direction, and we get blindsided. And I think that we have to make sure that this is a collaboration," said member Sherry Youngkin.

"Both sides have responsibilities, because in the long run, this advisory board is going to have to make decisions as to how we brought forward and if we've gone forward in a fair and helpful way. And I think that's hopefully what everybody is looking for also." 

Transdev and Keolis held a three-day recruiting event interviewing almost 40 candidates and offering jobs to eight, but only three stayed on to start training. Lambert said it was disappointing but she will keep trying to retain more people.

In her first report to the board, she noted that ridership dipped a little over 10 percent, but still remains higher than last year, adding that was because of cancellations of services because of the lack of drivers.

Like the last meeting, some of the advisory board members were torn over the start of the Link413 service, worried that the start of the service took drivers away and the numbers of riders are low.

Lambert, however, said the ridership has doubled from last month.

"As I've spoken before, we have, generally, a six-month adoption for brand-new service before you can really go in and evaluate, are you being successful based on the grant that my predecessor wrote along with the team for PBTA and RTA, we are ahead of schedule, which is pretty good, so I'm hoping that will continue to improve," she said.

Member Renee Wood said the board never approved the service, adding the only thing she could find in the minutes was a vote to accept the equipment. She said it was supposed to be put on the agenda to discuss.

"The Link413 service has been three years in the making. It's been a grant that was accepted and has been working with our partners, PVTA and FRTA, to put into place. So I don't have the entire history of how that process worked, but it's been three years in the making, and did we not understand that once we accept that grant that we were going to put in new service?" Lambert said.

The board discussed if Title VI, the Civil Rights Act, was followed with an accurate review and accurate amount of time for public comment period on the service changes and if its attorney should review if the  grant conditions were properly followed.

Lambert said changes had the 60-day comment period included in the proposed route realignment packet, giving the opportunity for the community to respond to that as well but will look into the legality of the situation with their attorney.

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