Order Of Conditions

On May 25, 2000 the Pittsfield Conservation Commission held a public meeting concerning the BCC soccer field project. The college’s engineer Donald Chester told the Commission the project would be completed “without changing elevations or grades.” (Of course, if the assessor’s map was correct, this was impossible; and the college’s map was supposedly made from the assessor’s map.)

There was still no wetland delineation, a point commented on by agent Caleb Mitchell at the hearing. But despite the strangely altered map, despite a worksite that extended into endangered species habitat, despite the lack of a wetland delineation, the Commission gave the college permission to begin work. The Pittsfield Conservation Commission issued an Order of Conditions for the project on June 12. By issuing the Order of Conditions, the Commission was stating that as far as the Commission was concerned, the college could begin work (after a 10-day appeal period) as long as the workers and the college adhered to that list of conditions. One of the conditions, number 38 in the list, required that “The finished grade of all disturbed areas shall match the original grade that existed prior to construction unless shown on the approved plan as otherwise.” According to the Pittsfield Conservation Commission, the approved plan refers to the Notice of Intent filed by the college and the two maps referenced in the Notice of Intent (L-1 and S-1).

It should be noted that it was not only the Order of Conditions that prohibited adding fill, but also the law, since most of the project was in the floodplain. How much fill was added? According to the engineer who would soon take over the project from Mr. Chester, there were about 110 truckloads of fill added. The fill was sufficient to raise the grade by 2 to 3 feet. Of course, map S-1 already represented the south side of the fields as being about five feet higher than the city map indicated. Was any regulatory agency concerned?