Does The Wetlands Protection Act Apply?

April 11, 2000

In an 8:00 a.m. meeting Tim Flanagan, Professor of Environmental Science, asked college administrators to withdraw the Request for Determination of Applicability and insisted that a Notice of Intent must be filed for the soccer field project.

James Pasquini, Dean of Administration and Finance, contacted Caleb Mitchell of the Pittsfield Conservation Commission. According to Pasquini, Mitchell stated that the RDA was the proper filing because the wetland law does not apply to the site. This is consistent with Mr. Mitchell’s views as expressed at the site visit on March 15th, 2000. Tim Flanagan, in a second meeting with Mr. Pasquini, argued that an NOI was required due to the presence of the wetland resources including endangered species habitat and a certified vernal pool. Caleb Mitchell, when contacted again, reversed his earlier assertions and advised Mr. Pasquini to file the NOI.

April 13, 2000

Don Chester (engineer), in a memo to Jim Pasquini, Dean of Administration and Finance, wrote:

“Kaleb has since learned that because of the status of the campus, a Notice of Intent must now be filed with the Commission, the D.E.P., and the Heritage Commission, and due to the hearing process all abutters to the property must be notified. When I meet with Kaleb and the Conservation Commission tonight, I will obtain all the required forms to submit a Notice of Intent.” Mr. Chester went on to say, “It’s a shame that Tim Flanagan is so adversely opposed to this project. Were he an ally, we probably would not be in this position.”

Keep in mind that at this point, the college knew that the project would include adding fill to the work area which is in the floodplain.  This is a violation of the Wetlands Protection Act.  Also keep in mind that the college did not share this information with the Pittsfield Conservation Commission or with the environmental faculty.

Note: Tim Flanagan and other members of the environmental faculty have not opposed the project. They have requested that the college comply with the Wetlands Protection Act in completing the project. Apparently Mr. Mitchell now agreed with Mr. Flanagan’s assessment of the need for an NOI. (“Kaleb has since learned that because of the status of the campus, a Notice of Intent must now be filed…”). Also, it should be noted that the position in which the college finds itself (“Were he an ally, we probably would not be in this position.”) is a position of having to comply with the law.