The BEAT News December 3, 2008

Unauthorized Work at (in) Laurel Lake

After closing their paper mill operations in Lee in May of 2008, Schweitzer-Mauduit International Inc of Atlanta, GA, has been selling their assets. Included is a four-acre parcel on Laurel Lake which consists of a dam and a piece of developable shoreline property. Previous to closing of the mills, the dam was used for papermaking purposes. A proposal to purchase the four-acre property was made to Schweitzer by one of their longtime employees, Roger Scheurer of Lee. Roger is an engineer and one of few remaining employees of the corporation to remain in Lee.

At the same time, Mr. Scheurer, acting on behalf of his employer Schweitzer-Mauduit, also initiated a lengthy and severe drawdown of the lake in order to make needed repairs to the dam. The drawdown began in September and continued for about six weeks, surprising homeowners, abutters, a lake preservation association, the Lee Beach Committee and others who were using the lake for fishing and recreation.

Mr. Scheurer did extensive work on the dam. He shored up the structure with rip-rap and gravel, brought a bulldozer into the lake bed, realigned boulders for a new channel spillway, cut trees and cleared a portion of the developable shoreline property that he had expressed interest in purchasing.

Upon investigation by local citizens, it was discovered that the work had gone unauthorized by any governing bodies. Mr. Sheurer had neither applied for nor received the permits required by three regulatory agencies, the Office of Dam Safety, the Department of Environmental Protection and the Lee Conservation Commission. After being alerted, the DEP ruled that the work was illegal. On November 17 Section Chief Bob McCollum issued a stop work order to Mr. Scheurer.

As of this writing, no regulatory body has yet seen the engineering plans that were drawn up for work on the dam. The investigation by the DEP is ongoing.

A hearing on a pre-subdivision plan for the dam and property is scheduled by the Lee Planning Board for Monday December 1 at 7:15 pm at the Lee Town Hall (upstairs). A concurrent meeting will be held by the Lee Conservation Commission in the Courtroom. On Tuesday December 2, the Lee Board of Selectmen will hold a hearing at 7 pm, and on Wednesday December 3 the Lenox Board of Selectmen will hold a hearing at 7 pm.
All interested people are urged to attend.

Thank you to Deidre Consolati for this report and staying up on this issue!
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Public Hearing – Proposed Pittsfield Municipal Airport Expansion
Monday, December 15
10:00am
City Council Chambers, Pittsfield City Hall

Public notice is hereby given of the Wetlands Variance application by Mark Germanowski of the City of Pittsfield Airport Commission on behalf of the Pittsfield Municipal Airport .  The City of Pittsfield Airport Commission is proposing to construct the following improvements at the Pittsfield Municipal Airport: (1) runway safety areas on Runway 8-26; (2) extension of the runway 26 end by 790-feet; (3) relocation of South Mountain Road; (4) addressing vegetative obstructions to navigable airspace; (5) installation of an approach lighting system; and (6) construction of four wetland replacement areas.  The project will result in (1) permanent impact to 3.75 acres and temporary impact to 10.78 acres of Bordering Vegetated Wetland; (2) Permanent impact to 5.78 acres of pristine and 0.87 acres of degraded Riverfront Area; (3) Permanent impact to 1882 cubic-feet of bordering land subject to flooding; (4) Permanent impact to 2,014 linear feet of bank; and (5) Permanent impact to 5,495 square feet of land under water.

The Department of Environmental Protection, Wetlands Program, will conduct a public hearing on the aforesaid project proposal on Monday, December 15, 2008 at 10:00 AM at the Pittsfield City Hall Council Chambers, 2nd floor, 70 Allen Street , Pittsfield MA 01201 . The Department will conduct this public hearing in order to receive information to be used in its decision on whether to grant a Wetlands Variance pursuant to 310 CMR 10.05 (10).

The Department will consider all additional written comments on this Wetlands Variance application received by Friday, January 9, 2008 (Public Comments Deadline).  Within ten days of the date of issuance of the Commissioner’s decision on the variance, any person who submitted comments during the public comment period may, according to the procedures specified in 310 CMR 10.05 (7)(j), request an adjudicatory hearing on the decision.

Additional information regarding this application may be obtained by contacting Mark Germanowski at 413-448-9790; Fax 413-448-8006; [email protected]
Project plans and documents are available for public viewing on weekdays at the MassDEP Western Regional Office Service Center , Suite 500 , Fifth Floor, Springfield State Office Building , 436 Dwight Street , Springfield MA 01103 .  Project plans and documents are also available for review by appointment only at the address below.
Written comments must be addressed to: Lisa Rhodes, Environmental Analyst, MassDEP Wetlands Program, One Winter Street – 5th Floor, Boston MA 02108 . Phone (617) 292-5512. [email protected]
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-From Mass Audubon’s Beacon Hill Weekly Roundup by Jack Clarke, Director of Public Policy & Government Relations, Jennifer Ryan, Legislative Director

The Governor initially filed a bill proposing $1.4 billion for EEA over five years.  The final amount of this bond is $1.7 billion <http://www.mass.gov/legis/laws/seslaw08/sl080312.htm>, but overall spending will follow the administration’s Capital Investment Plan, which projects spending $12 billion over five years across all agencies, as detailed here: <http://www.mass.gov/Eeoaf/docs/fy08_capital_budget.pdf>

Annual spending incrementally increases, reaching $2 billion in “bond cap” for fiscal year 2012.  Within the Energy and Environmental Affairs (EEA) section of the Capital Investment Plan, spending is projected to decrease, reaching $116,376,095 in fiscal year 2012.  Environmental agencies spending decreases as roads and bridges projects in the Dept. of Conservation and Recreation  are completed; however, it should be noted that although total numbers decrease, investments in EEA agencies increase significantly.

A bond bill authorizes spending, but the administration appropriates it, or decides what can actually be spent within the guidelines of the final bill.  Thus far, investment in water and aquatic habitat restoration programs have been very low, less than under Governor Romney, but investment in land will reach a historical high.

Summary of Environmental Bond:
This spreadsheet lists each account as filed by Governor Patrick, and the final numbers as signed by the Governor <http://web.massaudubon.org/site/DocServer/Enviro_Bond_Final.pdf?docID=1621>

Land Accounts:
<http://web.massaudubon.org/site/DocServer/Enviro_Bond_Land.pdf?docID=1622>
As filed by the Governor: $281,250,000, or $56,250,000 per year. Final Bond: $366,500,000. Note: Governor Patrick has committed to spending at least $50 million per year on land, not including staff, and EEA is planning to release an annual “Land Spending Report Card”.

Water Accounts
<http://web.massaudubon.org/site/DocServer/Enviro_Bond_Water.pdf?docID=1623>
As filed by the Governor: $274,500,000, or $54,900,000 per year.  Final Bond: $340,561,000. *Actual funds for water are lower, as a number of water projects are rolled into larger accounts.

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Climate Crisis Coalition to Cosponsor D.C. Capitol Hill Briefing on Carbon Tax

EESI, December 1, 2008. “You are invited to a briefing which will discuss a phased-in, revenue-neutral national carbon tax as a policy option for addressing climate change. This briefing is sponsored by the Environmental and Energy Study Institute(EESI), theCarbon Tax Center, the Climate Crisis Coalition, Friends Committee on National Legislation and Friends of the Earth… Tuesday, December 9, 2008; 9:00 – 11:30 a.m.; B318 Rayburn House Office Building. This briefing is free and open to the public. No RSVP required. For more information, please contact James Handley at (202) 546-5692 or [email protected], Charles Komanoff at (212) 260-5237 or [email protected], or Laura Parsons at (202) 662-1884 or [email protected].
Berkshires own Tom Stokes is the Climate Crisis Coalition Coordinator.
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USGBC-NY Green Building Salon: Chasing the 2030 Challenge, Two Projects at Knoll Showroom
(including one from Pittsfield, MA!)

Join us on December 11th for a discussion on how the carbon-neutral building standards set forth by the 2030 Challenge are being met by the designers and architects working on two upcoming projects.

Marnique Heath, Associate Principal of STUDIOS Architecture, will discuss the renovation of the AIA headquarters in D.C. Occupied by the AIA for 100 years, this project represents a comprehensive transformation of an existing building. The presentation will focus on emerging computer-modeling technologies, and on innovative team structure that unites architect, owner, and builder to leverage their collective potential.

A panel from FXFOWLE Architects including Ilana Judah, Bob Cuk and Scott Melching, and Elias Dagher from Dagher Engineering will present the design plans for the Housatonic River Museum in Pittsfield, Massachusetts. With net-zero energy consumption and zero-carbon emissions, it will be a flagship demonstration project for the entire country. It will join seven other commercial buildings in the country listed by the U.S. Department of Energy as zero-energy and will be the first of its kind in the northeast.
Panelists will talk about the integrated systems approach used, site and cost constraints, and environmental analysis tools that help to optimize building performance.

5pm cocktails, 5:30-7pm presentation.
$10 USGBC New York Members*
$15 Non-Members

*Please be sure your membership is up-to-date before purchasing tickets at the Member price. You must be a member of the New York Chapter to receive the discount (USGBC national membership does not apply). If you are having trouble determining your membership status, please send us an email.

Date: Thursday, December 11, 2008
Time: 5:00 PM – 7:00 PM

Address:
Knoll Showroom
76 Ninth Avenue, 11th Floor
New York, NY
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Green Savings Start at Home by Going Blue
(from Waterheadlines for December 1, 2008, a weekly on-line publication that announces publications, policies, and activities of the U.S. Environmental Protection Agency’s Office of Water)

If you want to “go blue,” you are not just limited to WaterSense labeled products for your home. Going blue for a whole home is now a reality with the first WaterSense labeled new home in Chapel Hill, N.C. The home meets EPA’s WaterSense draft specification, includes water-efficient products inside and water-saving features and landscaping on the outside, and incorporates design features that save water.
“Through the WaterSense New Homes Pilot Program, we can lay a strong foundation for environmental progress,” said EPA Administrator Stephen L. Johnson. “As the program encourages installation of products that save water and money, homeowners are realizing first-hand the benefits of efficient water use.”

Vanguard Homes, one of seven builders participating in the WaterSense New Homes Pilot Program, finished the home to meet EPA’s draft new homes criteria for water efficiency and performance.

Homes built to the WaterSense draft specification are designed to use about 20 percent less water than conventional homes by including WaterSense labeled products and Energy Star qualified appliances, and using water-efficient features and practices. In turn, homeowners can reduce their water usage by more than 10,000 gallons per year and save on their energy bills.
Introduced in 2006, WaterSense is a partnership program sponsored by EPA that makes it easy for Americans to save water and protect the environment by identifying water-efficient products, services and soon, new homes. The WaterSense label can be found on toilets and bathroom faucets. Products that have earned the WaterSense label have been independently tested to meet water-efficiency specifications set by EPA. In 2007, WaterSense partners were responsible for labeling, selling and promoting more than 193,400 WaterSense labeled products, saving the United States more than 277 million gallons of water annually.

More information on WaterSense: http://www.epa.gov/watersense/
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Leaky Pipes – Factoid
(from Waterheadlines for December 1, 2008, a weekly on-line publication that announces publications, policies, and activities of the U.S. Environmental Protection Agency’s Office of Water)

Did you know each day approximately six billion gallons of treated drinking water are “lost” primarily due to system leaks throughout the United States?  This is approximately 14% of the nation’s total daily water production.  (Reported by American Society of Civil Engineers)
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International Treaty Members Promote “Healthy Wetlands, Healthy People”
(from Waterheadlines for December 1, 2008, a weekly on-line publication that announces publications, policies, and activities of the U.S. Environmental Protection Agency’s Office of Water)

A Delegation from the United States, consisting of representatives from the US Fish and Wildlife Service, US Department of State, US Environmental Protection Agency, Association of Fish and Wildlife Agencies, and the US National Ramsar Committee, recently assembled in the Republic of Korea for the 10th meeting of the Conference of Parties (COP10) to the Ramsar Treaty Convention on Wetlands. The Convention, signed in Ramsar, Iran in 1971, provides a framework for national action and international cooperation for the conservation and wise use of wetlands and their resources.

Contracting Parties (158 countries containing 1,822 wetland sites covering 168 million hectares included in the Ramsar List of Wetlands of International Importance) meet every three years to assess Convention implementation progress, share knowledge and experience on technical issues, address the importance of further developing and intensifying internationally coordinated actions for the conservation of wetlands, and plan for the next triennium.  With the theme Healthy Wetlands, Healthy People, COP 10 considered over 30 agenda items, including the Convention?s Strategic Plan 2009-2014, its budget for the triennium 2009-2011, reports and recommendations submitted by the Parties and the Convention?s Standing Committees, and the role of wetlands in sustainable development issues such as human health and well-being, climate change, biofuels, extractive industries, urbanization, and poverty eradication.  For more information, contact Kathleen Kutschenreuter (kutschenreuter.kathle
[email protected]) or visit http://www.ramsar.org/index_cop10_e.htm
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ELM is excited by the launch of the new ELM Corporate Council and grateful to its members. 

Attached please find the news story from today’s Boston Globe.  The objective is to strengthen the advocacy voice of the environmental community by bringing together environmental and corporate interests in a stronger, more counter-intuitive advocacy voice.  We categorically reject the notion that a healthy economy and healthy environment are in conflict.  We are delighted that these corporate leaders share our commitment.

George Bachrach, Pres.
ELM

From the Boston Globe
10 Firms Join Panel on Green Business
Environmental Efficiency is Key

By Stephanie Ebbert, Globe Staff
December 1, 2008

Meet Beacon Hill’s newest environmental advocates: Legal Sea Foods, Genzyme, and Millipore.

Ten leading Boston-area companies have joined a corporate council of the Environmental League of Massachusetts to advocate for environmental policies, help develop new regulations, and provide a counterpoint to the loud business lobbies that protest environmental regulations claiming they will quash economic growth.

“The purpose is to make clear that a healthy environment and a healthy economy are not in conflict,” said George Bachrach, the former state senator and congressional candidate who took over as head of the Environmental League last year.

The council includes Cape Wind Associates, which wants to build a wind farm in Nantucket Sound; and Triumvirate Environmental, which handles environmental and hazardous waste; as well as companies with missions far beyond the environment – Millipore, a Billerica life sciences company that has committed to reducing greenhouse gas emissions; Genzyme, whose Cambridge headquarters features LEED-certified green architecture; Stop & Shop; Grossman Marketing; NStar; Legal Sea Foods; Shawmut Design and Construction; and Saunders Hotel Group.

“When you’re talking about groups like Genzyme and Millipore – these are major businesses that I think any politician who is trying to get a good understanding of an issue is going to want to listen to such major players,” said Tedd Saunders, chief environmental officer for Saunders Hotel Group, a council member and a leader in greening hotels.

The group is being formed after a string of environmental victories on Beacon Hill. One of the missions of the council will be to help advise the state on how it can satisfy the new Global Warming Solutions Act, which calls for dramatic reductions in greenhouse gas emissions.

“There is a belief that we are at a tipping point in terms of the commitment to alternative energy and that to accomplish that will require a whole new set of technology companies and that can become a whole new economic engine,” said Bachrach. “A separate piece is how do we get existing companies to establish energy efficiencies and do the right thing? That is where these guys are the leaders.”

While the Environmental League views its corporate council members as leaders in their industries, it is not suggesting that their environmental practices are completely unblemished or that they will agree on every policy issue, Bachrach said.

But they hope to provide a corporate counterpoint to powerful business lobbies like Associated Industries of Massachusetts, which often fights additional regulation by arguing that it will suppress the business climate.

Robert A. Rio, senior vice president for Associated Industries, said his association prefers that other firms do not turn their social concern into mandates.  “To the extent that some of these programs increase costs even marginally, some companies may not be in the same position to pass those costs along,” he said.
He argued that his group is not anti-environment, and that it also represents corporate leaders in environmental stewardship.

Rio noted that he will be working, along with Genzyme, on an Energy Efficiency Advisory Council to update the state’s energy efficiency programs under the new Green Communities Act.

Rick Heller, senior vice president and general counsel for Legal Sea Foods, said, “A lot of times environmental groups don’t speak with businesses and frankly, businesses and environmental groups have more in common than sometimes they think they do.”

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