By By Dylan Thompson,Dylan Thompson — The Berkshire Eagle,The Berkshire Eagle

Copyright berkshireeagle

DALTON — With Berkshire Concrete Corp. set to apply for its annual permit in November, nearby residents of the sand mines are demanding action. But town officials say their hands are tied.

“We [have] to get to a point where we put this behind us,” Dalton resident Ron Griffin said of the now monthslong feud between residents, the town and Berkshire Concrete Corp. over sand blowing onto private properties.

Ron Griffin and his wife, Lynne, were among many residents who voiced their frustration at the Dalton Select Board meeting on Monday night. Many of them expressed frustration with how the town has handled enforcing Berkshire Concrete Corp.’s mitigation efforts.

The Dalton Clean Air Coalition and Clean Air Committee continue to push for stronger oversight of Berkshire Concrete Corp. — which is owned by Petricca Industries — whose sand-mining operation off Florence and Prospect streets and Raymond Drive has drawn renewed complaints about health, safety and quality of life from nearby residents.

“We’ve been confused,” Lynne Griffin said. “Everything keeps changing.”

Select Board Chair Robert Bishop said the board wants to help the town, but its hands are tied.

“I feel for them because they’re spinning their wheels and they’re not getting any answers,” Bishop said. “We unfortunately don’t have the authority. It’s actually at the Planning Board level and the health agent, and that’s where we have to concentrate.”

At the Select Board meeting, more than half of the residents in attendance were there to speak about or listen to the Berkshire Concrete Corp. discussion. Numerous residents spoke in the public address portion with some highlighting the lack of mitigation enforcement from Brian Duval, the town’s building commissioner and zoning enforcement officer.

Dalton resident Pete Persson questioned Duval’s allegiance, saying, “Does he work for the town or not?”

Duval, who was not in attendance, refused the Select Board’s request that Berkshire Concrete Corp.’s parcel 105-16 be loamed and hydroseeded.

“If I were to have issued the requested enforcement letter, it would have been appealed to the Zoning Board of Appeals and then would halt enforcement,” Duval wrote in a letter, dated July 29, to the Select Board, adding that the Board of Health has treated the matter as a nuisance and ordered Berkshire Concrete to correct it.

The Select Board has appealed Duval’s decision to the Zoning Board of Appeals, and there will be a hearing on Oct. 7.

“I hope [the Zoning Board] hears what we have to say,” Bishop said, adding that he thinks Duval should do what the town wishes.

Persson said he is unhappy with Duval’s lack of enforcement and that “I just can’t refuse to do things and stay employed where I am.”

The back and forth began on July 14 when Select Board member Tony Pagliarulo read a letter that was drafted by the town’s attorney to be sent to Duval, requesting that he order Berkshire Concrete Corp. to loam and hydroseed all previously mined areas of Lot 105-16.

Ron and Lynne Griffin gave a presentation showing a timeline of the events since January. Lynne described the situation as a “classic case of obfuscation, intentionally confusing wording to confuse your intended audience,” and that they are right back where they started eight months ago.

OTHER ITEMS

One agenda item, a discussion regarding the use of the Senior Center, was tabled on Monday evening due to a Zoom bomb.

The Select Board meeting was interrupted by pornographic images and racial slurs that suddenly appeared on the Zoom call — shared by an unknown individual in an effort to disrupt the meeting. Select Board member Marc Strout quickly unplugged the cord connecting the computer to the monitor, and the Zoom call was shut off for the remainder of the meeting.

During the meeting, Interim Town Manager Henry H. “Terry” Williams Ⅲ also provided an update on the town manager search, revealing that 23 individuals applied for the position. Municipal Resources, the town’s consultants, will narrow that down to 10 to 12 candidates, and then the Town Manager Screening Committee will pick three to five finalists for the Select Board to interview.

The town is hopeful that the Select Board will hold a meeting on Sept. 29 to interview and select a candidate, Williams said.

Williams’ contract runs until Oct. 3.