DALTON, Mass. — Officials from the Select Board and Planning Board agree that parcel No. 105-16 should be fully mitigated. 

 

For the past eight months, residents have attended numerous meetings in town, urging action to prevent sand from leaving proeprty, owned by Berkshire Concrete, a subsidiary of Petricca Industries. 

 

Berkshire Concrete mitigated part of the parcel by putting down erosion control fabric and hydroseeding. However, part of it is still exposed. 

 

In drone photos, taken by a member of the Clean Air Coalition, a group established to provide updates on the situation, it can be seen that part of the area had been mitigated. 

 

A newsletter from the coalition claimed that the section of the parcel was left untouched because Berkshire Concrete plans to apply for a special permit to continue excavating on lot 105-16, located toward the backside of Raymond Drive. 

 

Additionally, the lot that had been remediated is covered with dead grass from lack of watering, coalition member David Pugh said. 

 

"I would estimate, looking at the overhead photos ... 70 to 80 percent of lot 105-16, is currently exposed in bare sand. It used to be about a third, 40 percent, was covered with grass, but because of the death of the grass, it's now like 70 to 80 percent. It's actually quite astonishing," he said. 

 

Planning Board members agreed that the entire parcel should have been mitigated since there was no  permit to mine on that site. However, since there isn't a permit, there was confusion about whether the board has the authority to direct Berkshire Concrete to mitigate the site fully. 

 

It was explained that the Planning Board only has authority over permitted sites. 

 

The Planning Board voted on Wednesday to have the town attorney send a letter to Berkshire Concrete, directing it to completely mitigate and restore the area to a vegetated state, in addition to establishing a clear property line and demarcating the excavated area. 

 

The board also attached several officials to the document to keep everyone informed including: the town counsel, zoning enforcement officer, Health Department, Select Board, Conservation Commission, and town manager. 

 

"I think we should go ahead and do it. It should have been [fully mitigated] originally when they mitigated the site. They were not supposed to leave any area exposed," Planning Board Chair Zack McCain III, said. 

 

The town has contracted Berkshire Environmental Consultants Inc. to conduct an independent assessment of the Berkshire Concrete site's mitigation efforts.

 

Town Planner Janko Tomasic said he has been coordinating with Berkshire Environmental to arrange a site visit of Berkshire Concrete. 

 

It was demonstrated during the Select Board meeting on Monday that some steps have been taken in a positive direction. 

 

Berkshire Concrete now has a washing station, a yellow pad with continuous sprinklers that wash tires as trucks leave the property, Select Board member Antonio "Tony" Pagliarulo said. 

 

"So that's a bit of good news, and that's a good neighbor indication on Berkshire Concrete's part," he said. 

 

However, Pagliarulo did explain that the town is still receiving complaints of sand leaving the property. 

 

The Select Board also approved sending letters earlier in the week to Zoning Enforcement Officer Brian Duval, who was also present during the meeting. 

 

The letter was drafted by town counsel during a Zoom meeting with Pagliarulo and Henry "Terry" Williams III, interim town manager. 

 

The letter cites section 350-90 of the zoning bylaw, which prohibits non-residential uses that create harmful conditions, including dust and noise.

 

Despite Berkshire Concrete's mitigation of part of the parcel, the Select Board believes it is "insufficient to prevent ongoing dust impacts on the abutting residential neighborhood," the letter said. 

 

The board requested that the zoning enforcement officer direct Berkshire Concrete to loam and hydroseed all previously mined areas, as mandated by section 350-61E3.

 

Duval raised concerns about the cited sections and expressed his belief that Berkshire Concrete would appeal them. He noted that these sections relate to the performance standard for dust control and do not pertain to earth removal. 

 

Additionally, he pointed out that any requirements for remediation under the performance standard would only take effect if a permit is denied. 

 

Duval agreed to meet with town counsel to see what options he has in enforcing Berkshire Concrete to cover up the mine section of the unauthorized dig site.