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Convened: 5 pm
Adjourned: 8:33 pm
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All Star Salvage (Formel’s) show-cause hearing
Outcome: No decision. The board continued the hearing to Monday, Oct. 26 at 5 p.m. at Town Hall.
The hearing remains open, but public comment is finished. The chair gave three reasons: a large amount of material was handed to the board that same night, the Building Commissioner was not present, and staff still owe answers on several open questions. The chair was openly frustrated by the absence of a building department official.
The allegations (Ch. 140 §59 and the town noise bylaw):
Noise above 86 decibels at 50 feet (Chapter 115-2B)
Changes or additions to the licensed premises without approval
Operating outside licensed hours (M–F 7–5, Sat 8–noon)
Noncompliance with Board of Health, building, zoning, underground-tank and MassDEP requirements
Staff findings (Town Manager, with the fire and police chiefs):
A Sept. 23 site visit found a new crusher, additional payloaders, and a greenhouse attached to Conex boxes. The Building Commissioner hasn’t yet ruled on whether the greenhouse needed a permit.
There are two underground tanks, and only one is permitted. Both were vented during the 2022 fire, so the town assumes both are in use. Permitting a tank after it’s already buried is difficult because no one can see how it was installed.
The hot-work permit has expired. The business says it has stopped cutting and grinding.
Collecting already-cleaned residential oil tanks is not a violation.
The Board of Health is investigating a fuel-odor complaint.
MassDEP issued an administrative consent order with a penalty tied to the Oct. 2022 fire release.
Taxes are paid.
Police noise checks: five readings on Sept. 16–18, ranging from 36.7 to 56 dBA, all well under 86. However, they were taken with an Amazon-bought meter, so staff said they aren’t a definitive compliance finding. No noise complaints were filed with police.
There have been no hours violations since the July 27 meeting.
Zoning: Chris Rembold said “light industrial” isn’t defined as a zone. The open question is whether car crushing is now the principal use (the owner said up to 50 cars a day) rather than an accessory one. The owner still hasn’t met with the planner, as the board asked him to in July.
Licensee’s defense (attorney Shawn McCormack):
They hired Cross Spectrum Acoustics to run a Class 1 sound study in August. The crusher measured about 76 decibels at 50 feet. Only two things exceeded the limit:
A dump-truck gate bang (about 91 dBA for 17 seconds). Their fix is to stop aggregate deliveries.
Loading aluminum rims into a container. Their fix is to fill the container gradually and haul it off whole.
He argued a 1994 special permit (recorded in 1995) replaced the 1984 one. The 1984 permit said the crusher would come only every 3–4 months, and he argued that language was a finding, not a binding condition. Nobody has located the 1994 permit itself. He showed aerial photos from 1995–2026 to argue the operation’s footprint hasn’t grown.
On hours, he acknowledged three violations since January. The yard gate now stays closed until 7 a.m., and he offered quarterly reporting.
He said they are current on the DEP consent order, with a licensed site professional filing reports. He said he hadn’t known about the tank permit issue and would accept a condition requiring it.
He argued truck traffic on public roads is outside the licensing authority’s purview.
Board pushback:
Phil Orenstein argued the photos show how many cars were on the lot, not how fast they turn over, and that the business has shifted from a parts yard to crushing and recycling. He also asked whether the 1984 permit's one-year term implies a renewal every year through 1995.
Another member described “hypergrowth” at the site rather than natural expansion, citing heavy truck traffic and complaints about a truck idling most of a day outside a resident’s home.
Public comment:
The biggest moment: Attorney Mitch Greenwald, representing Division Street neighbors Michelle and Bruce Loubert, produced what appears to be the 1994 special permit. It is for a one-family dwelling at that address, which undercuts the licensee’s main argument. (Verification of that permit did not take place during the meeting.)
He also argued that uses not listed in the zoning bylaw are prohibited, and that an illegal use can’t be grandfathered.
He said §59 says the board “shall” revoke a license for violations, not “may.”
His stressed that his clients aren’t seeking a shutdown, but want tight conditions and a “short leash.”
Michelle Loubert of Division St. played a recording of All Star-generated noise from her backyard. She cited DEP emails about nearby wells, a dry well on site, and the aquifer. She said she has paid $3,000 in legal fees so far.
Elizabeth Berliner of Division St. and Valerie Locher of North Plain Rd. described large car carriers cutting tight corners, horn-honking at the intersection, and near-misses on narrow roads.
Supporters:
Mary Formel, the next-door neighbor at 25 Van Deusenville Rd. said the noise has never bothered her.
The company’s dispatcher said they run one four-car hauler and source cars locally. The Ohio shipments are crushed cars going out, not cars coming in.
McCormack responded that sound falls to about conversational level at 1,600 feet.
Other business
Regional EMS study (Collins Center): Presentation only, no decision. The three options were:
Expand Southern Berkshire Ambulance to all 8 towns (needs about 8 more staff and likely a New Marlborough satellite station)
Create an EMS district, which would need special legislation (about $100/year on a $300K home)
Have Great Barrington absorb EMS into its fire department. This is modeled at about $586K for Great Barrington versus $1.35M today, but the figure excludes one-time transition and staff-time costs.
Partner towns will regroup in October. State implementation grants may not be available.
Housatonic Improvement Committee: Chair Sara Parker gave a year-in-review (Long Table Dinner, Harvest Festival, tree planting, a capital pipeline). She asked for $10,000 a year in operating funds and flagged the water tower, Commons Park and public restroom needs.
Hotel room cap: The board approved a special town meeting article deleting the 45-room limit. Hotels would still need special permits. The Planning Board hearing is Oct. 15, and town meeting is Oct. 19. The lift on the cap needs a two-thirds vote.
Approvals:
Positive recommendation for the 6-ft lattice fence at 267 Long Pond Rd.
Endorsement of Old Maids Park engineering Phase 1 (CPA-funded survey and concepts only)
Updated Title VI/ADA policies for the South County Connector
Beer and wine license for Siam Square at 290 Main St.
The Great Barrington Land Trust’s one-day license was held because the application was incomplete.
Announcements:
Ben Elliott mentioned The Berkshire Eagle story on the license-plate cameras. He credited Chief Adam Carlotto for policies limiting access and logging every use. He urged the board to take up a town-wide AI and data policy later this year. He offered a shout-out to Michelle Kaplan for the second annual Sunshine Orange Subaru Crosstrek meetup and parade.
Chair Bannon announced that there are 13 active public records requests.
Town Manager Liz Hartsgrove gave her report:
The police chief community survey closes next Friday at midnight. She said she and Interim Chief Carlotto are entering a contract.
The joint meeting with the Finance Committee on the six warrant articles for the Oct. 19 special town meeting.
Open comment:
Donna Jacobs, Park Street. She is a library trustee but spoke only for herself in relation to the recent joint meeting of Trustees and Selectboard.
Trustees at the Sept. 22 meeting weren’t given the questions in advance.
When she said “we” hadn’t gotten the job done on the MBLC grant, she meant the whole town, not the six trustees.
Eileen Mooney asked if Housatonic Water Works would be added to the Oct 19 Town Meeting warrant. The Chair said it will not be added.
Michelle Loubert, Division St. She is the Formel’s neighbor and also a Finance Committee member.
The HIC presentation didn’t mention that the water tower is privately owned.
She asked HIC’s Sara Parker to stay for the salvage hearing, and Parker didn’t.
Her records request is how the 1994 permit surfaced.
Jim Bailly, Housatonic.
The town can’t afford the Ramsdell library project, and he agrees with the town manager on that.
It’s wrong that records requests cost $25.
Only Garfield Reed responded to the information he sent the board.
He looks forward to the Prosperity Way audit.
James Garzon criticized transparency, records-request fees and rising taxes.