The BEAT News August 10, 2006

In the News:

Berkshire School Master Plan calls for building and paving in the ACEC and endangered species habitat

BEAT has not had a chance to review this project yet, but Berkshire School has filed an Environmental Notification Form (ENF) for major development at the school in Sheffield. (Copy of the first pages of the ENF (pdf))

From what we understand Berkshire School is proposing 298 new parking spaces – just two more and they would be mandated to file an Environmental Impact Report (EIR). The proposed new impervious area is just 0.6 acres below the threshold mandating filing of an EIR. They are proposing to build in the Schenob Brook Area of Critical Environmental Concern. The site is also in endangered species habitat. Apparently the proponent erroneously checked off that they have not previously filed an ENF for work at this site. If the work described in the previous ENF took place, combined they projects may exceed mandatory thresholds.

There is a site visit on Tuesday, August 22 at 11 am. Meet at the school. The more people showing concern the better! Come learn all about the project. Even if you cannot attend, you can comment on the project.

You can get copies of the ENF by calling Evelyn Friedrich (617) 951-1123. Comments can be emailed to Briony Angus briony.angus@state.ma.us Comments are due by August 28, 2006. Berkshire Regional Planning Commission will be writing a “Clearinghouse Review” (comments). They will hold a Clearinghouse Review committee meeting which is open to the public. Their comments, as are all comments are public record.

EOEA No. 13852, Berkshire School Master Plan, Sheffield
Site visit Tuesday, August 22, 11 am at Berkshire School
Comments due by 08-28-06
For copies call Evelyn Friedrich (617) 951-1123
MEPA analyst Briony Angus (617) 626-1029 briony.angus@state.ma.us

Briony Angus
Environmental Analyst, MEPA Office
Executive Office of Environmental Affairs
100 Cambridge Street, Suite 900
Boston, MA 02114
(617) 626-1029

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Waterkeeper Alliance Wins On Stormwater Pollution:
Federal Court Says EPA Must Set Standards Controlling Strip Mall and Subdivision Stormwater Pollution

WASHINGTON – Agreeing with conservation groups, a federal court today ruled that the Environmental Protection Agency (EPA) must set standards to control stormwater pollution from strip malls, subdivisions and other new development. ( pdf of the decision)

The ruling resulted from a September 2004 lawsuit filed by the Natural Resources Defense Council (NRDC) and Waterkeeper Alliance charging that the EPA’s unwillingness to control construction site pollution would lead to more beach closings, waterborne disease, flooding, fish kills and contaminated drinking water supplies. The U.S. District Court for the Central District of California today ruled that the agency’s inaction violated the Clean Water Act. The states of New York and Connecticut joined the conservation groups in the case.

“The EPA isn’t protecting our water, it’s protecting asphalt,” said Nancy Stoner, director of the Clean Water Project at NRDC. “The parking lot lobby may be happy about that, but Americans who like to swim, fish, and drink clean water are out of luck. Now the EPA has to do its job to safeguard public health.”

Polluted runoff from paved surfaces, such as parking lots, highways and rooftops, is the fastest growing source of water pollution across the country, according to a 2002 report by the Pew Oceans Commission. EPA’s failure to control urban stormwater pollution, NRDC and the Waterkeeper Alliance said, is despoiling the environment and threatening public health, particularly in coastal areas, where stormwater already is the largest source of water pollution and population is growing rapidly.

“Today’s decision is a tremendous victory for the American public,” said Waterkeeper Alliance Staff Attorney Jeffrey Odefey. “The court recognized that the EPA has shirked its responsibility to control stormwater. Solutions to prevent polluted runoff are available, affordable, and necessary to keep our nation’s waters clean.”

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Proposed Churchill Estates on aquifer on Pittsfield

At the site visit July 26, BEAT became convinced that there are additional jurisdictional wetlands on the site that need to be delineated by an independent consultant. There are numerous other problems that came to light as well. The proponent expects the city to take over the roads, not use salt on them, and the storm drains must be cleaned out four times per year. BEAT believes that city storm drains are clean out once a year at best. The development will have a deed restriction to prohibit the use of pesticides and fertilizers. BEAT sees that as unenforceable. The stormwater management system has no design specifications that BEAT could find. This leaves many questions as to whether or not it would work. Part of the Operation and Maintenance Plan includes checking after every two-years storm – unlikely in BEAT’s opinion.

BEAT has some serious worries about the proposed Churchill Estates in Pittsfield at the town line with Lanesborough. This project is located on Pittsfield’s only medium yield aquifer that is not polluted with PCBs. BEAT believes the city should keep this land as open space to protect the aquifer. It is an irreplaceable asset.

This Project has two city reviews and a state review coming up.

PITTSFIELD Conservation Commission held a Public Hearing on July 13, 2006 on a Notice of Intent (NOI = application for a wetland permit) for Churchill Road (Map D17, Block 2, Lot 1) for installation of water main for subdivision road. Applicant is Central Berkshire Land Development, LLC

Pittsfield’s Community Development Board continued the public hearing on Churchill Estates until Tuesday, October 3, 2006 due to the lack of detailed information submitted thus far by the proponents. The Definitive Subdivision Plan entitled “Definitive Plan of Churchill Estates” submitted by Central Berkshire Land Development, LLC was for a 39 lot subdivision. This subdivision is located on the eastern side of Churchill Street, just below the Lanesborough town line. The site can be further identified as being composed of the following Assessor’s lots: E16-1-301 & D17-2-302. A copy of the plan and application is on file in the Department of Community Development Office, Room 205, City Hall and may be viewed during regular business hours.

Massachusetts Environmental Policy Act (MEPA) review
EOEA No. 13834, Churchill Estates Residential Subdivision, Pittsfield
Copy of the first pages of the ENF (pdf)
Comments due by 7-31-06
For copies call Teresa Perry (413) 443-8011
MEPA analyst Briony Angus (617) 626-1029 briony.angus@state.ma.us

An Environmental Notification Form (ENF) has been submitted to the Massachusetts Environmental Policy Act (MEPA) office for this project.

The project proposes the development of 39 residential housing units on a 54-acre site. The project site is located in the northwest corner of the City of Pittsfield; the Town line of Lanesborough is the northern boundary of the parcel. Approximately 16 acres of the site has been mined for gravel. Daniels Brook, a perennial stream, flows north to south along the eastern boundary of the property. The project will result in the creation of 7.3 acres of new impervious surface; the generation of 390 new daily vehicle trips; require 15,840 gallons per day (gpd) of drinking water; and generate 15,840 gpd of wastewater.

The project requires a NPDES Stormwater Permit; Site Plan Review from the Pittsfield Planning Board; and an Order of Conditions from the Pittsfield Conservation Commission, and therefore a Superceding Order of Conditions from the Department of Environmental Protection if the local Order is appealed. On the ENF, the proponent incorrectly stated that the project exceeds a Mandatory EIR threshold. The project’s impacts to jurisdictional wetlands were not documented in the ENF. The project consultant has agreed to send out a supplemental information packet to the ENF distribution list regarding wetland impacts before the site visit.

BEAT attended the site visit and consultation meeting which was held to receive advice and comments from agencies, officials, and citizens regarding which environmental issues are significant for this project. Opinions as to the extent and significance of possible environmental impact will be welcome.

Comments on the project will be welcome in writing prior to July 31st, 2006. A Certificate on the ENF will be issued on August 9th, 2006.

Project Contact: Bob Tynan, White Engineering, Inc. (413) 443-8011 btynan@whiteeng.com.
__________________________________________________________________________
Briony Angus
Environmental Analyst, MEPA Office
Executive Office of Environmental Affairs
100 Cambridge Street, Suite 900
Boston, MA 02114
(617) 626-1029

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Get involved in planning process in Pittsfield 7/25
from a letter to the editor by ALBERT INGEGNI, III -who chairs the city of Pittsfield Master Plan Advisory Committee

It is an exciting time to be living and working in Pittsfield. New families are moving into our neighborhoods. New businesses are opening up in our downtown and across the community.

The city has appointed a master plan advisory committee to oversee the 16-month process; and hired a consultant, Saratoga Associates, to help craft the plan. Pittsfield’s last master plan was written in 1993 – and a lot has changed since then.

The most important part of the plan is creating a vision for Pittsfield’s future. What do we want the city to be in five, 10 or 15 years? What do we want our neighborhoods to be like? What kinds of job opportunities do we want to encourage? What face do we want to present to visitors? What kind of open spaces and recreational places do we want to create or preserve?

The answers to these questions must come from the people who live and/or work in Pittsfield. That means you have to get involved.

You can also reach us via mail or e-mail. Send letters to the Master Plan Advisory Committee, Pittsfield Community Development Department, 70 Allen St. Our e-mail address is masterplan@pittsfieldch.com.

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Upper Housatonic Valley National Heritage Area a step closer 7/26
By Evan Lehmann, Eagle Washington Bureau

The proposed Upper Housatonic Valley National Heritage Area, which would promote the region’s history and resources for tourism and economic development, moved a step closer to reality this week when the U.S. House of Representatives overwhelmingly approved its designation.

“This is great news,” said Dan Bolognani, vice chairman and treasurer of Upper Housatonic Valley National Heritage Area Inc., a nonprofit group that would administer the project.

The Upper Housatonic Heritage Area would encompass 29 communities in northern Connecticut and Western Massachusetts, including Pittsfield, Dalton, Hinsdale, Richmond, Lenox, Lee, Hancock, Washington and Stockbridge. It spans 60 miles.

<more in the Berkshire Eagle>

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MASS MoCA Receives $700,000 Solar Grant to Cut Energy Costs 7/22

The Massachusetts Museum of Modern Art in North Adams, known as MASS MoCA, recently received a $700,000 grant from the Massachusetts Technology Collaborative for a new 50 kilowatt solar installation, energy efficiency equipment, and an interactive display to educate visitors about the benefits of clean energy.

The grant, part of the Green Buildings and Infrastructure Grants administered by the Massachusetts Technology Collaborative (MTC), is designed to help the museum reduce its energy costs.

In announcing the grant, Daniel E. Bosley (D-North Adams), House chairman of the Joint Committee on Economic Development and Emerging Technologies, said the action recognizes “that MASS MoCA serves as a center of innovation in the Northern Berkshire community and the introduction of solar photovoltaic cells at the museum will serve as a demonstration project for the entire Commonwealth on the uses and cost savings that energy efficiency and renewable energy resources can provide to residents, businesses and non-profit organizations.”

For more of this story visit MassNonProfit.org

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Study of Songbirds Finds High Levels of Mercury 7/25
By ANTHONY DePALMA – NY Times

A biologist studying wild songbirds in New York State has found that all 178 woodland birds he tested last year had unusually high levels of mercury in their blood and feathers, a sign that the toxic chemical has spread farther in the environment than previously thought.

Tests on birds like this wood thrush found in the Catskills last year indicate that mercury may be a hazard in woods as well as in state waters.

The biologist, David C. Evers, who is also executive director of the Biodiversity Research Institute, a nonprofit ecological organization in Gorham, Me., said that his preliminary findings challenged existing perceptions about how far mercury travels, how it interacts with the environment and how it affects various forms of wildlife — all with worrisome implications for people.

While mercury has often been found in lakes and streams and in fish, Dr. Evers’s work documents the unexpected presence of the chemical in birds that do not live on water and never eat fish.

For more of this article visit the NY Times website.

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Runway extension questioned
By Jennifer Huberdeau,
for full article see the North Adams Transcript

Friday, July 21
NORTH ADAMS — Several Williamstown officials are concerned that the extension of the Harriman and West Airport’s runway into a wetlands area will cause more drainage issues for their residents. Three members of the town’s Conservation Commission, a selectman and a member of the Planning Board all expressed their objections and concerns during a public hearing on the city’s plans, held by the state Department of Environmental Protection on Thursday morning.

Selectwoman Jane Allen, whose Luce Road property was part of the airport upgrade’s Phase 1 that included cutting trees near the runway approach, said her interest in the proposed construction was not personal, but a matter of concern for the neighborhoods. “I’m concerned about what’s going to happen. I know that the Phase 1 cutting had an impact on the drainage and this is just a continuation of that project,” she said.

Project engineer Brian L. Smith, with Gale Associates of Bedford, N.H., said the proposal requires the airport’s runway to be moved 100 feet south into Williamstown because of a Federal Aviation Administration regulation. “The reason for needing to move the runway is we are creating grassy safety areas. We need to have these areas, about 240 feet long and 120 feet wide, at the end of the runway,” he said. “The FAA considers this requirement to be one of the two most important safety initiatives out there right now.”

Because the move would fall into a wetland area, causing about one acre to be filled in and another half acre to be disturbed, the airport must receive a wetland variance from the DEP before going before both the North Adams and Williamstown conservation commissions.

Allen said she felt compelled to comment at the DEP hearing because promises of drainage mitigation at the end of the tree-cutting project had not been fulfilled. “Once again there is proposed mitigation attached to this project. I want to make sure they follow through with it this time. I want to it to be done this time, not hear that the project ran out of money before it could be done,” she said.

Christopher Winters, a Williamstown Planning Board member and former Conservation Commission member, said the proposed construction will “obviously have an impact on storm-water runoff.” “I have a concern when people start messing around with wetlands,” he said. “I’m all for safe airports and the safety of pilots and those with houses in the vicinity of an airport, but these projects need to be done in a manner that is environmentally sensitive. There are drainage issues. They’re all pointed toward the Spruces.”

“The alternative is to shrink the runway. It’s been rejected because of the traffic at the airport and that’s fine. But we need to keep in mind this is a recreational airport with a couple of businesses run out of it. We’re not transportation hub here,” he said. “We’re talking about the North Adams airport and moving it another 100 feet into Williamstown. When does it become the North Adams and Williamstown airport?”

Barrett said the issues brought forward at the public hearing were “just silliness.”

“All I know is that we made an agreement with the Selectmen when Jack Madden was chairman, that if we did certain things, they would support us before the Conservation Commission. We have bent over backwards and changed the language of easements,” he said. “We have nothing to do with the runoff and we’ve tried to comply with everybody’s requests. I’m tired of all this. The flooding isn’t from some tree cutting. There’s still ground vegetation on that land and other trees, which contains the storm runoff.”

Williamstown Conservation Commission members Henry Art, Andrew Hogeland and Philip McKnight also presented questions and concerns during the public hearing.

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Pittsfield Community Preservation Act clears 1st hurdle 7/21/06

The Pittsfield Community and Economic Development city council subcommittee voted unanimously to recommend the passage of the Community Preservation Act (CPA) that would allow Pittsfield to raise revenue to protect open space, preserve historic properties and develop affordable housing. The subcommittee’s recommendation will be considered by the full council on Aug. 8. The council must approve the measure at its next meeting if it is to appear on the Nov. 7 ballot.

How the CPA is funded:

Funding for the CPA would come from two sources: a local real estate tax surcharge that is determined by the city or town, and a state match from the CPA fund. Since the CPA was first adopted by the state, funds have been going to this state CPA Fund from fees collected at the Registry of Deeds and Land Court. State officials estimate that this CPA Fund will aggregate at least $26 million per year. Every year so far, the Fund has matched city and town CPA revenues 100% and is expected to match 100% for the next several years. It is too soon to predict how much of a match there will be after that, but the Fund will pay out up to a 100% match to those cities and towns that do adopt the CPA. Those that do not adopt the CPA don’t get any of the revenue. For more on how this money is paid out see the Community Preservation Act calculator for Pittsfield on the CPA website.

The sub committee suggested funding the CPA with a surcharge of 1% of the real estate tax, and exempting the first $100,000 of value, and exempting low income residents — a family of four making less than $48,960 or those who qualify for moderate senior housing.

According to the CPA calculator for Pittsfield which uses a tax rate of $20.24 per $1,000, if the city elects a 1% rate and exempts the first $100,000 of value, a homeowner whose property is valued at $200,000 would pay an extra $20.24 per year. A homeowner whose property is valued at $150,000 would pay an extra $10.12 per year.

How the money can be spent:

A minimum of 10% of the annual revenues of the fund must be used for each of the three core community concerns. The remaining 70% can be allocated for any combination of the allowed uses, or for land for recreational use. However, the funds to not have to be spent each year. The City can accumulate the funds in a dedicated account to save enough to fund a major project. This gives each community the opportunity to determine its priorities, plan for its future, and have the funds to make those plans happen.

The council’s Community and Economic Development subcommittee held a public hearing on the Community Preservation Act, or CPA, on July 20. Every member of the general public who spoke at the hearing, spoke in favor of the CPA. The subcommittee sent a recommendation to the entire council for its Aug. 8 meeting. If the council approves, the measure will go to the voters on the November 7, 2006 ballot.

If voters approve the CPA, the city would establish a Community Preservation Committee of between five and nine members that would make annual recommendations to the council on how the money should be spent. Based on the committee’s recommendations, the council is required to set aside 10 percent of the revenue raised on each of the three options: open space, historic resources and community housing. Through the preservation committee, the residents of Pittsfield can determine how the rest of the dollars should be allocated.

Among the projects eligible for funding are restoration of historic buildings, the purchase of open space or the creation of new playgrounds, parks or playing fields. CPA funds also could be used to help Pittsfield reach the state-mandated goal of having 10 percent of its housing classified as affordable.

City Councilors Matthew Kerwood and Mike Ward brought this petition forward to the City Council. According to statistics provided by Mr. Kerwood, state communities have so far spent more than $212 million on CPA projects, protecting more than 7,300 acres of open space, preserving 311 historic sites and resources, creating 871 units of affordable housing and creating or preserving 154 recreational facilities. A Berkshire Eagle article stated that Mr. Kerwood figured that with the first $100,000 of taxable value exempted, a 1 percent surcharge would cost the owner of the average single family home in Pittsfield, currently assessed at $149,832, only $8 per year. Without the $100,000 exemption, the 1 percent surcharge for the average single family homeowner would rise to $23. Mr. Kerwood said the city could raise $255,887 annually with the first exemption in place, and $477,898 without it.

“Is it worth $8 to you, the average Pittsfield homeowner, to go after A, B and C?” Mr. Ward asked in the Eagle article, referring to open space protection, historic preservation and the development of affordable housing.

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Farm Service nominations sought 7/21/06

Southern Berkshire County Farmers and other agricultural producers have until Aug. 1 to nominate eligible candidates to serve on the U.S. Department of Agriculture’s local Farm Service Agency county committee.

Farmers from the Egremont, Great Barrington, Monterey, Sandisfield, New Marlborough, Sheffield and Mount Washington townships are encouraged to obtain a nomination form from the Berkshire County FSA office, or online.

County committees play a vital role in the administration of federal farm programs and the effect they have on rural communities. Committee members make decisions on commodity, conservation and disaster programs, along with providing guidance on a host of other important agricultural issues. Committee members serve three-year terms.

A complete list of eligibility requirements is posted online.

Individuals may nominate themselves or others as candidates. Additionally, organizations representing minorities and women may nominate candidates.

All nominees must sign nomination form FSA-669A, which includes a statement that the nominee agrees to serve if elected. Form FSA-669A is available at USDA Service Centers and online.

All nomination forms for the 2006 election must be postmarked or received in the local USDA Service Center at 78 Center St., Room 208, Pittsfield, MA 01201 by close of business on Aug. 1.

Ballots will be mailed to eligible voters by Nov. 3. The final day to return voted ballots to the local USDA Service Center is Dec. 4. Newly elected county committee members take office Jan. 1, 2007.

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THREE BERKSHIRE ORGANIZATIONS RECEIVE ENVIRONMENTAL GRANTS

Money granted from the Massachusetts Environmental Trust funded by license plate revenues

Three Berkshire organizations –Berkshire Environmental Action Team, Berkshire Regional Planning Commission and Hoosic River Watershed Association – received a financial boost with grants from the Massachusetts Environmental Trust (the Trust).

According to the Trust Executive Director Robin Peach, the Trust will provide over half a million dollars in grants to more than 20 organization this year, thanks to motorists who choose to purchase one of the Trust’s specialty license plates. “Trust plates, including the Leaping Brook Trout Plate, are the only specialty plates that exclusively fund environmental initiatives,” said Peach. “You purchase a plate from the Registry of Motor Vehicles, and half the registry fee is donated to the Trust to fund water-focused environmental education and protection programs.”

Trust funds will allow Berkshire Environmental Action Team, (BEAT) to increase people’s awareness of environmental issues focusing on Pittsfield. “We already videotape and broadcast the Pittsfield Conservation Commission hearings and the Berkshire Metropolitan Planning Organization meetings,” said Jane Winn, executive Director of BEAT. “The Trust funds will allow us to cover more meetings and to create TV shows to explore particular issues in more depth – such as the planned clean up of the Housatonic River at Dorothy Amos Park or the possible clean up of the King Street Dump.”

Trust funds will help BEAT to publish a weekly email newsletter (The BEAT News) and to maintain and expand BEAT’s website (www.TheBeatNews.org). The website provides conservation news and information about: PCBs and Dorothy Amos Park, the GE clean up in general, laws that protect the environment, and other environmental issues in Berkshire County. It also includes links to most other environmental organizations in Berkshire County.

The Berkshire Regional Planning Commission has received MET funding to promote Low Impact Design (LID) techniques, which reduce the impacts of development on the environment. LID creatively decreases the overall footprint of development, limits the amount of impervious surface area, preserves natural features, and ultimately decreases and treats stormwater runoff at its source. “To date,” said Lauren Gaherty, Senior Planner with BRPC, “no LID-inspired projects have been designed and constructed in Berkshire County. We want to change that. There are several development projects being proposed in the Berkshires that are in their early design stage. MET funds will allow us to hire a LID specialist to work with developers and their design/engineering teams to turn two of those into demonstration projects.”

The Hoosic River Watershed Association was awarded $13,600 to assist the Town of Adams with the educational outreach associated with its Stormwater Management Plan. According to Eileen Fielding, Executive Director of HooRWA, “Much of present-day river pollution is caused by substances from urban or residential areas that simply wash into the river along with rainfall. There are many ways for ordinary citizens and business owners to reduce this pollution by making a few changes around their property. The MET funds will help us show people how to do this, and even lend a hand in getting it done.” The outreach program will be developed for Adams, but will also be available to interested groups in other towns.

The Trust has grown to become the Commonwealth’s premier environmental philanthropy since its inception in 1988. Its primary source of income is environmental license plate revenue which has funded more than 400 grants totaling approximately $15 million.

Former Boston television meteorologist and active environmentalist, Bruce Schwoegler, is an avid supporter of the Massachusetts Environmental Trust. “Trust funding enables organizations from Cape Cod to the Berkshires to tackle critical water-related issues that affect us all,” said Schwoegler. “The health and welfare of every living being is dependent on clean waterways and related ecosystems. This inextricable link within our environment is extremely important, and the Trust is offering everyone an easy opportunity to get involved and make a significant difference in the preservation of the Commonwealth’s water resources.”

To preserve the environmental education, conservation, or public awareness efforts funded by the Trust in your community is easy: choose one of three environmental plates, the Right Whale & Roseate Terns, The Leaping Brook Trout, or the Blackstone Valley Mill, when you purchase a new car or renew your registration with the Registry of Motor Vehicles. The plates cost $76.00 which includes a $40.00 tax deductible donation to the Trust. There is a renewal fee of $81.00 every two years. Visit your local Registry of Motor Vehicles or order a plate online at www.mass.gov/rmv; or log onto www.MassEnvironmentalTrust.org where you can learn more about the Trust, the programs it supports, and the specialty license plate offerings.

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Save energy and money – computer tips

–A single computer with monitor running 8 hours a day, 5 days a week consumes approximate 850 KWH per year at a local cost of about $60. Activation of the power management features built into your computer can save up to 80% of that energy and cost.
http://pmdb.cadmusdev.com/powermanagement/quickCalc.html
http://www.energystar.gov/index.cfm?c=power_mgt.pr_power_management

–Limit screen-saver use. A screen saver does not save energy. In fact, more often than not, a screen saver not only will draw power for the monitor, but also will keep the CPU from shutting down. You can set your computer to go from screen-saver to sleep mode.
http://www.nrel.gov/sustainable_nrel/energy_saving.html

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