Berkshire Village Residents Challenge Cheshire Permitting Process

By Sabrina DammsiBerkshires Staff
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CHESHIRE, Mass. — Leaders of the Berkshire Village Tenants Association are questioning whether the town adhered to proper state procedures when permitting Crown Communities LLC to operate.
 
For the past two years, Crown Communities has operated under a lodging permit. However, leaders of the Berkshire Village Tenants Association are questioning whether proper state procedures were followed. 
 
During Monday's Board of Health meeting, officials stated that the town will seek clarification on the proper procedure for permitting or licensing manufactured housing parks.
 
"When you get the clarification, I'll make a suggestion that you be very careful how things are worded," said William Moreau, president of the Berkshire Village Tenants Association. 
 
"Again its very easy to get things confused and misinterpret stuff. There's a lot of misinterpretation going around."
 
Residents have repeatedly said they have been enduring the mobile home park's unsafe and deteriorating conditions for nearly 10 years because of neglect by the previous owners. 
 
"We are getting nowhere and it is frustrating," Moreau told iBerkshires.com. 
 
According to the town's property card, Crown Communities purchased the park in December 2022 for $1 and, since then, has claimed to be spending millions to upgrade it. 
 
Although Berkshire Village residents claim to experience ongoing issues with the park's deteriorating condition, including problems with the septic systems, electrical services, water, and roads. More information here
 
The Board of Health renewed Crown Communities' permit on Jan. 2, imposing several stipulations: solid waste management, water supply, electrical supply, maintenance of sewer and wastewater disposal with pumping records, community rules approved by the Attorney General's Office, and a copy of the water test if the property is not on the public water system.
 
Health Agent James Massey said he plans to do the park's annual inspection in April once all the snow is gone. 
 
Moreau criticized the permit renewal process, arguing that it occurred without a public hearing and did not align with proper state procedures.
 
In a follow-up with iBerkshires.com, Town Administrator Jennifer Morse said Berkshire Village has had a permit dating as far back as the 1950s, however, records are incomplete. Since this is not a new development, a public hearing is not required. 
 
Moreau said a lodging permit is not the same as a manufactured housing community license, that takes into consideration the complexities of a park in which residents own the home but not the land it sits on. 
 
"Massachusetts is one of the few states in the union that has come up with a very comprehensive group of laws and codes to cover manufactured homes to try and resolve some of these issues," he said. 
 
"One issue that the state has identified and is currently working on is a lack of understanding and the licensing process. They do have a training program available. Unfortunately, right now, it's not mandatory that boards of health take it." 
 
A lodging permit is the closest thing the town has to a permit for manufactured housing parks, Health Agent Valerie Bird said. 
 
The permit lists several types of operations, including hotels, family campgrounds, rental trailer parks, and casual lodging, among others. Berkshire Village marked "Other" and lists manufactured housing park as the purpose. 
 
This year, the town uses Full Circle, formerly PermitEyes, to manage its permitting, which aligns with this system that the town has used historically. 
 
"That's actually the closest thing we had to it. We are working on that, on getting something more conducive to manufactured homes," Bird said. 
 
Morse said a permit and a license are the exact same thing in Cheshire. Moreau disagrees with this. 
 
In correspondence between Berkshire Village Tenants Association and the town, Moreau questions the decision to renew the permit before the annual inspection given the issues that tenants have been experiencing. 
 
The issuance of the permit removes tenants' leverage to force repairs, Moreau said in a follow-up. 

Tags: mobile home park,   permitting,   

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Adams Couple Found Guilty in Foster Child's Death

Staff Reports
PITTSFIELD, Mass. — An Adams couple have been found guilty in the 2020 death of their 10-month-old foster child.
 
Matthew Tucker and Cassandra Barlow-Tucker were found guilty of involuntary manslaughter and reckless child endangerment in the death of Kristoff Zenopolous on Feb. 18, 2020.
 
A Berkshire County Superior Court jury returned the verdict on Monday. Assistant District Attorneys Andrew Covington and Stephanie Jimenez prosecuted the case as special prosecutors from the Northwestern District Attorney's Office because of a conflict of interest with the Berkshire DA's Office. 
 
Evidence presented at trial showed that the child died after the defendants failed to seek medical treatment despite clear and obvious signs that he required care, according to the DA. The medical examiner determined that the child died from complications of a strep infection, bronchopneumonia, and empyema, a condition in which pus accumulates in the lungs and chest wall. 
 
Medical experts testified at trial that these conditions are routinely treatable with timely medical care. The six-day trial included testimony from 14 witnesses. After approximately 2 1/2 hours of deliberation, the jury returned guilty verdicts against both defendants on charges of involuntary manslaughter and reckless child endangerment. 
 
Kellie Beaulieu served as the victim-witness advocate. 
 
The Tuckers were indicted by then District Attorney Andrea Harrington in 2021 but the charges were dismissed the following year by Superior Court Judge John Agostini, who found the evidence too circumstantial. His findings were overruled by the Supreme Judicial Court in 2023. Current Berkshire District Attorney Timothy Shugrue recused himself because he had consulted with the Tuckers as a defense attorney. 
 
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