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The cemetery trustees say there is room at Ashuelot Cemetery for a section to be designated for natural burials.

Dalton Considers Allowing 'Green' Burials

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — Residents may have the option of so-called "green" burials in the future. 
 
Also referred to as "natural burials," green burials are a way of returning bodies to the earth after death without a metal casket, burial liner or vault, or embalming, according to the nonprofit Green Burial Massachusetts. 
 
The cemetery trustees are still very early on in the process of establishing green burials. There are a lot of unknowns surrounding the service they need to explore first, the trustees said. This excludes someone who wants to be buried in their yard, which would be a separate process. 
 
"It's gonna be a long process, though. It's gonna be a lot because the thing is, there's many things that we have to know before we actually do something like this," Chair Judith Douville said at the trustees' meeting last week.
 
Dalton has received some comments from residents expressing their interest in having this option available to them.  
 
"And we just decided that it's something that a number of people want, but before we allow it, we just want to make sure we touch all bases," trustee Treasurer John W. Bartels Jr. said
 
They hope to be able to offer green burials for residents at the Ashuelot Cemetery but need to do so safely and prevent liability. 
 
There also is perpetual care that needs to be considered because of the biodegradable materials; as the material and body eventually decays, there will be a depression in the ground that is a potential fall risk. Guidelines need to be put in place to cut down on liability. 
 
Ashuelot Cemetery has a lot of open space that would allow a portion to be sectioned off and designated for green burials but this is dependent on various tests that need to be done on the solid and grounds. 
 
One of the things that complicates green burials is diseases. The trustees are working with the Board of Health to clarify measures to prevent the spread of diseases. 
 
The Board of Health last month reached out to the rare and infectious disease unit at Berkshire Medical Center in Pittsfield for guidance. At its meeting on Wednesday, board members said they need clarification on what a green burial is so that they can have a better idea of how to word the guidelines. 
 
In addition, the members want to find out what their protocols are at funeral homes when someone presents with a communicable disease and what bodies are prohibited from being embalmed. 
 
As long as the burial is happening within a cemetery, there isn't a problem because cemeteries have to go through certain designations to prevent groundwater from running off into waterways, board member Amanda Staples-Opperman said. 
 
Despite this, the board agreed there needs to be a streamline guideline that determines which bodies are eligible for green burials. 
 
"What's interesting is that the burial part isn't necessarily the most dangerous part. With a lot of these highly communicable diseases, they actually want the body in the ground as soon as possible," Staples-Opperman said
 
With some communicable diseases, such as ebola, the body "needs to be in two layers of leak-proof plastic and then in a hermetically sealed casket," she said. 
 
Although these diseases are rare, the funeral homes should still have procedures in place in the case one presents itself. 
 
Town counsel informed the trustees during a previous meeting that establishing green burials will be a dual effort between the two boards to come up with guidelines. 
 
The Board of Health will be responsible for the "water table, settling water, decaying bodies, depth of graves, proximity to abutting properties," the meeting minutes said. 
 
The trustees will be responsible for administrative matters such has the plot and lot size, monuments, planting, perpetual care, and interment allowed.
 
At this time it is unclear if green burials will need to be approved by town meeting but if they do, the trustees want to ensure they can answer any question that is presented to them by residents. This would not be ready by the annual town meeting in May. 
 
Bartels also spoke to Ed Abrahams, a member of the Great Barrington Cemetery Commission when green burials were approved, to see what problems that board may have encountered during or following approval.
 
Cemetery Superintendent Edward "Bud" Hall will also attend a conference in March that has green burials as one of the topics, Bartels said.
 
The town will also need to communicate with cemetery staff to gauge if they are comfortable with doing this and accommodate their concerns. 
 
The trustees started exploring this initiative in April when they were thinking about updating fees. Bartels brought the option before the board after noticing that Great Barrington approved green burials in August 2020. 
 
Great Barrington is one of several dozen communities in the state that offers green burials, though it took three years to accomplish. Stockbridge, Mount Washington and the private Pine Grove Cemetery in Sheffield also allow natural burials. 
 
It seems that each town approached establishing green burials in a different way, Bartels said, and there are not a lot of laws that specifically target green burials. 
 

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Lanesborough Officials Take Road District Dissolution Off Warrant

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — The Select Board has removed a town meeting warrant article regarding the dissolution of the Baker Hill Road District.

JMJ Holdings development consultant Tim Grogan spoke in public comment saying the Berkshire Mall owner is currently has purchase-and-sale agreement for the mall. 

Back in February, the Select Board settled a tax dispute with JMJ Holdings by agreeing to move forward in dissolving the district if the company paid $1.1 million to the town. JMJ Holdings had to provide a signed development-and-purchase agreement 30 days before the town meeting. 

JMJ holdings did not submit a payment to be made by May 9. Because of that, the Select Board voted to take the article of the warrant to be voted at the annual town meeting.

Meanwhile, the Baker Hill Road District presented a slideshow defending the district and explaining what it does.

The district currently provides a non-resident-funded revenue stream of around $500,000 per year. These funds help pay for police cars and officer salaries, dump trucks, fire trucks, and more for the town.

"Dissolution would mean the district's three commercial property owners would no longer have to pay for upkeep of the Route Seven/Eight connector road. As a result, the BHRD annual contribution of more than $500,000 to Lanesborough would disappear permanently, since the services and maintenance costs associated with the Route Seven and Eight connector road would still remain," said Tom Caraccioli, PR consultant with AH&M Inc. "Lanesborough would have to absorb these costs and continue to provide emergency services to the mall and Target. The financial burden for these remaining expenses would then fall on Lanesborough taxpayers through higher taxes or the reduction of other important town services."

The proposal with JMJ would affect the town in a negative way Caraccioli claimed. 

"JMJ is proposing a one-time payment of $1.1 million to Lanesborough in exchange, JMJ would never pay BHRD taxes again. The decision to dissolve the BHRD by accepting this proposed $1.1 million would be a permanent choice that would have irreversible consequences," he said. "There will be no official system in place to cover recurring costs once the money from this single payment is spent. Therefore, the proposed one-time payment is not a long-term solution for the town of Lanesborough."

JMJ's dispute was that the Berkshire Mall no longer exists as a functioning entity and it should not be on the hook for protection and maintenance that had been based on the mall's operation in its heyday. The company is seeking to redevelop the site as senior housing and town officials were asking the state to take over the Connector Road. 

District officials said it's not guaranteed that the state would take over the road linking Routes 7 and 8, built to service the mall back in the '80s, and that the state Department of Transportation had historically discouraged the town from asking. Even if it happened, it could take three to five years, during which no BHRD funds would be collected if the district is dissolved. The state would not replace the revenue they support, and they argued the state is facing its own budget issues making it unlikely they would want to take over.

The road district was created by an act of the Legislature and would require another act to dissolve it. The town meeting article asked for voter support for a home-rule petition to start that process.  

After the presentation, it was asked what the current financial status of the BHRD, given that JMJ hasn’t paid in a long time and if the district actually has the money or if it is dependent on the mall sale.

Mark Siegars, attorney for BHRD, reminded the room that the mall is under a purchase and sale agreement and if the sale closes, the district expects to receive more than a million dollars because of the lawsuit and lien, but does not have that cash yet. If the sale does not go through, BHRD will take the mall and sell it. The district still gets payments from Target, which is separate from the mall. 

There were also some questions on the district's history, with Select Board member Jason Breault asking if the mall did not have a high tax rate from the district, would it still be solvent. The exchange became heated between Siegars and BHRD Chair Bill Prendergast.

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