Berkshire Concrete Fined, Ordered to Restore Digsite
DALTON, Mass. — After more than a year of residents demanding action, it appears that pressure is finally being placed on Berkshire Concrete.
On March 2, the Board of Health issued a $5,000 fine to Berkshire Concrete, a subsidiary of Petricca Industries, 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. Future violations may result in fines of up to $10,000 per infraction.
"The Board expects that you will submit a comprehensive dust mitigation plan forthwith including immediate action plans and long-term action plans to remedy the ongoing dust impacts from the property," the notice said.
"Strict compliance with the mitigation plan will be necessary to avoid future fines and/or court action."
Berkshire Concrete has a right to appeal the decision by requesting a public hearing before the board within 14 days of receiving the notice. The next available meeting date for such a hearing will be April 14.
In addition to being fined, the building inspector has issued a zoning order to restore the unauthorized digsite on parcel No. 105-16, following the Zoning Board of Appeals decision that it violated zoning bylaw 350-61 Section E. Restoration.
Berkshire Concrete is required to submit by March 15 a written plan and timeline of no more than a 30-day window to complete this work to avoid being issued a violation notice and a fine.
The parcel was not included in its special permit renewal application because of a "clerical error" resulting in abutters not being notified and the Planning Board issuing a cease-work order until a new permit is issued.
Officials from the Select Board and Planning Board agreed that parcel No. 105-16 should be fully mitigated to adhere to town bylaws, specifically section 350-90, the performance standard.
Although the Zoning Board did not agree that it is a violation of the performance standard, it determined Berkshire Concrete violated 350-61 Section E. Restoration because the company did not get a permit for the parcel, and given that earth removal occurred and then ceased, the site should be fully remediated to comply with the bylaw.
Berkshire Concrete appealed this determination but the board maintained its maintained its decision.
The board members closed the public hearing and entered into deliberations, but chose not to discuss the permit in order to give themselves more time to review updated documents, which they stated were only received the day before the hearing.
Tags: BOH, fines, permitting,
