Dalton Consultant Says Dust Mitigation Plan Insufficient

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — An assessment by the town's consultant determined that Berkshire Concrete's dust mitigation plan is insufficient. 
 
The topographic survey and completion letter that Berkshire Concrete submitted as its dust mitigation plan, in response to the Board of Health's order to implement one, lacks several key components, the consultant said.
 
"The final topographic survey prepared for Berkshire Concrete is not so much a dust mitigation plan, but a map of the physical alterations made on a portion of the parcel Map 105, Lot 16 to address the generation and offsite transport of dust. The survey was accompanied by a very short written narrative describing the physical map," the assessment states.
 
The town contracted Berkshire Environmental Consultants Inc. to conduct the independent assessment of the Berkshire Concrete's mitigation efforts.
 
During the Planning Board meeting last week, Maura J. Hawkins, the president of Berkshire Environmental Consultants, presented the findings and recommendations, which the board will use to inform its decision about Berkshire Concrete's special permit request. There will be a public hearing on the permit on Wednesday, Nov. 19. 
 
The state Department of Environmental Protections is working with Berkshire Concrete to address concerns with its equipment and operations and some of the town's governing bodies are also developing questions and concerns for Berkshire Concrete to address at the Nov. 19 public hearing. 
 
On June 13, Berkshire Concrete's legal counsel, Cohen Kinne Valicenti & Cook, submitted a notice of completion for the implementation of the dust mitigation plan. 
 
In her assessment, Hawkins broke down the improvements, highlighting the lack of detail and  inconsistencies between the completion notice and the topographic survey. The survey was
stamped by Frederick Haley, professional land surveyor.
 
For example, the survey shows eight white pines by the pond and 20 trees above the constructed berm. However, the completion letter indicated that the company had planted 40 white pine trees along the top of the gravel berm and that 20 were planted near the pond to help reduce wind and create a natural windbreak.
 
Once fully grown, the trees would create a natural windbreak and help mitigate the dust leaving the site but the survey should show the as-built changes, Hawkins said in the assessment. 
 
The remaining four of Berkshire Concrete's improvement areas were reclaiming unused areas, slope stabilization and grading, dust and noise control berm, and stone slope installation.
 
Although Berkshire Environmental Consultants believed that improvements will partially assist in mitigating the dust, it also demonstrated how several of the items lack detail or clarity, or were inconsistent with the written text of the final report.
 
The stone slope installation was the only item the consultant observed as consistent and agreed it will stabilize the slope and berm above it. 
 
Berkshire Environmental recommended that the permit apply to the entire permitted areas of the site, be updated annually as part of the permit renewal process, and include a condition that Berkshire Concrete develop and maintain a comprehensive dust mitigation plan. 
 
For an effective dust mitigation plan, it advocated for updating the topographic survey to reflect the as-built conditions of the entire parcel, including reclaimed and disturbed areas, the topography, and an accurate count of trees and vegetation planted.
 
Additionally, the consultant advised the development of a written plan that addresses the entire parcel, not just the portion where modifications have been complete, and includes the following:
  • Identify activities and operations that generate dust, such as the disturbed areas, active excavation activities, vehicle traffic, etc.
  • Specify appropriate control strategies for these activities and operation, including vegetation cover, water application, physical barriers, containment systems, etc.
  • Identify operational procedures and frequencies for routine inspections for dust, watering schedules, maintenance activities, tree replacement, etc.
  • Identify protocols for managing vehicle and equipment traffic to minimize dust generation
  • Identify the reporting and tracking systems for inspections, maintenance requirements and responding to complaints/issues
  • Define roles and responsibilities among team members to ensure proper implementation and ongoing maintenance of dust control measures.
During the Planning Board meeting, which lasted three hours, Clean Air Committee members presented some of their recommendations for the special permit. 
 
The 10-page document emphasizes strict monitoring, enforcement, and third-party oversight for noise and air monitoring.
 
Some recommendations included standards for restoration, that no excavation permits for BCC parcels adjacent to residential properties, the permitted excavation and mining area be limited to five acres and be greater than 1,000 feet from the nearest residential property, and that a truck washing station be mandatory, among other requests. 
 
Progress in terms of air monitoring has been made, with the town's consultant, Air Partner, taking sand samples from the site and neighboring properties and installing four air monitors, one upwind and three downwind, Select Board member Tony Pagliarulo said during the Select Board meeting on Oct. 14. 
 
The intent of the air monitoring is to get real-time data and coordinate with the Board of Health in establishing thresholds of quality air standards, he said. 
 
Residents will be able to make violation complaints and there will be data to back up their claims, Pagliarulo said. 
 
The board also met with a litigator from KP Law if legal counsel becomes needed, he said. 
 
Pagliarulo is questioning the amount of taxes that Berkshire Concrete pays. He pointed out that the company applied to mine all of its parcels, totaling approximately 275 acres. According to the tax collector, the company pays $42,000 in total taxes, which includes the Fire District tax.
 
He raised concerns with the assessor, noting that "his property must be valued much higher due to the mineral rights." The assessor is currently looking into this matter.
 
Special Permit Brief Background: 
 
On Sept. 17, Berkshire Concrete, a subsidiary of Petricca Industries, submitted an application for a special permit, to excavate, extract, and transport minerals including sand, gravel, topsoil, rock, and fill on several parcels, some of which abuts residential neighborhoods. 
 
In addition to its annual renewal of its current permit, the application requests the continued 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 Dr., on parcels 101-25 and 105-12. More information on Berkshire Concrete's plans here
 
Earlier this month the Zoning Board of Appeals determined that the unauthorized dig site on parcel No. 105-16 needs to be fully remediated or covered to abide by town bylaws. 

Tags: berkshire concrete,   dust, debris,   special permit,   

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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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