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Churchill Estates – Disapproval Recommended

On December 5, 2006 the Pittsfield Community Development Board disapproved this project without prejudice – which means the developer could start all over again, but can’t continue on with the current proposal. The Community Development Office found significant deficiencies which had not been addressed, and they did not believe these deficiencies could be addressed in a couple of weeks as the developer suggested. The Board had received a letter from the Board of Health which said that per the subdivision regulations the project should be disapproved. (BEAT will request a copy of the letter.) The City Engineering Department/Department of Public Works and Utilities said that the road design did not meet the City’s requirements. It will be interesting to see if the developer withdraws their Notice of Intent with the Conservation Commission scheduled to meet December 7, 2006.

Housing project opposed by firm 

By Jessica Willis, Berkshire Eagle Staff

Article Launched:12/04/2006 03:03:19 AM EST

Monday, December 04

PITTSFIELD — Yesterday afternoon, about 20 residents from the Churchill Street and Hancock Road areas gathered in their neighbor Daniel Amuso’s garage for coffee and cake, and the relief was palpable. They had just learned that Churchill Estates, a proposed 36-unit subdivision planned for their rural northwest corner of the city, had received less-than-enthusiastic reviews from a consulting firm hired by the city to assess the proposed subdivision’s impact on the wetlands-rich area. Read the entire Berkshire Eagle article (12/4/2006 available for 14 days for free)

Read the developer’s “hydrogeologic review (pdf) “.

Read the Review (pdf 1.35mb) written by the consultant who was hired by the City. The Review recommends that the City disapprove the plans for Churchill Estates Subdivision.

See BEAT’s Churchill Estates webpage for more information and some history of this project.

Next hearings:

Conservation Commission – Thursday, December 7 – 6:00pm, City Hall Room 203, Pittsfield

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Leading by Example: An Action Plan for Green Buildings in Massachusetts State Construction ProjectsI am pleased to announce the release of a new report and state directive in Massachusetts that will establish minimum green building standards for all new construction and major renovation projects at state facilities. The report, entitled:Leading by Example: An Action Plan for Green Buildings in Massachusetts State Construction Projects, is the culmination of two years work of a Sustainable Design Roundtable, a public-private effort that brought architects, designers, engineers and developers together with state agencies responsible for managing construction at state facilities. The Roundtable was co-chaired by the Executive Office of Environmental Affairs and Division of Capital Asset Management.The final report of the Roundtable, released on December 1, 2006, outlines the need and environmental and fiscal rationale for greening state construction practices and lays out a minimum standard that builds on the LEED standard established by the U.S. Green Building Council with additional targeted requirements that will ensure efficient use of energy and water, as well as meeting smart growth objectives. The state directive, contained in the Executive Office of Administration and Finance (ANF) Bulletin #12, was released earlier this year and was based on the work of the roundtable and recommendations in the final report.

The report and ANF Bulletin #12 can be downloaded at the Massachusetts State Sustainability Program website.

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UMASS’ SCOTT JACKSON SPEAKER AT FIRST MEETING OFWESTFIELD HIGHLANDS FOREST PARTNERSHIPNovember 3, 2006 (Chester, Mass.)– Scott Jackson, Natural Resources and Environmental Conservation Program Director for the University of Massachusetts lead a discussion of the wildlife and forests of Western Massachusetts at the inaugural meeting of the Westfield Highlands Forest Partnership.

The newly-formed Partnership consists of private landowners as well as members of public agencies and not-for-profit organizations. [BEAT is a member of the Partnership.] Members represent a variety of forest-based interests including conservation, forestry, watershed protection, business, hunting, fishing, recreation and cultural history. Member organizations distributed materials and answered questions at the meeting.

The purpose of the Partnership is to advance the sustainable management and protection of local forests for ecological, social and economic values.

“Members of the Partnership have a common goal, which is to keep our forests healthy, intact and productive,” said Laura Marx of The Nature Conservancy. “Anyone with this shared interest can get involved in a number of ways. They can help track wildlife on or near their property, or learn how to manage their land in a sustainable way. By working together and sharing information and resources, we can accomplish much more than by acting on our own.”

The Westfield Highlands Forest Partnership was created following the publication of Harvard Forest’s /Wildlands and Woodlands/, which envisions a network of forest reserve “wildlands” surrounded by a larger landscape of sustainably-managed forests, or “working woodlands.”

Massachusetts state agencies took steps toward achieving this vision in September with the creation of nine large forest reserves totaling 50,000 acres. Seven of the reserves are in Western Massachusetts, including the Chalet Reserve, Middlefield Reserve, Mohawk/Monroe/Savoy Reserve, Otis Reserve, and East Branch of the Westfield River Reserve.

The State also announced a new sustainable forest management initiative on most of the remaining 400,000 acres of state-owned forests. Sustainable forestry is the practice of harvesting trees using techniques and strategies that ensure continuous production and long-term forest health — strengthening both local economies and ecosystems. The Partnership is hoping to build upon the State’s efforts in the Westfield River Highlands.

For more information about the Westfield Highlands Forest Partnership or to become involved, contact Laura Marx at 413-354-7780 or lmarx@tnc.org <mailto:lmarx@tnc.org>

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EPA Scientists petition Congress on Climate Change report by Kyla Bennett, Director New England Public Employees for Environmental Responsibility (PEER) The controversial topic of global warming is reaching the boiling point in Washington. Earlier this week the representatives of 10,000 Environmental Protection Agency scientists, nearly half of the entire workforce, petitioned Congress to take immediate action on climate change. The agency itself complained that “the U.S. EPA could do more to encourage the use of currently available scientific and technological options to reduce GHG emissions.”

Coincidentally, the same day the Supreme Court was hearing arguments from EPA and a coalition of 12 states, 3 cities, 14 environmental groups and several businesses on a suit (Massachusetts v. EPA, Case No. 05-1120) determining whether the government agency is obligated to regulate greenhouse gas emissions under the Clean Air Act.

Although many EPA employees may want to take a more proactive role to combat climate change, some have reported suppression of their scientific findings and retaliation for (or even outright outlawing of) whistle-blowing.

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Massachusetts Endangered Species Streamlined Review ProceduresThe Notice of Intent (NOI) Form 3, that developers file with the local conservation commission and the Massachusetts Department of Environmental Protection (MassDEP), has been amended to incorporate the Massachusetts Endangered Species Act (MESA) Streamlining revisions.
The changes are reflected in NOI Instructions and Section D of the NOI. The
revised form is posted on the MassDEP web page.As per the Form 3 instructions….To qualify for a streamlined, 30-day,
MESA/Wetlands Protection Act review, please complete the portion of Section D in
the NOI entitled: Streamlined Massachusetts Endangered Species Act/Wetlands
protection Act Review.

* If MESA supplemental information is not included with
the NOI, the Natural Heritage and Endangered Species Program will require a separate MESA filing which may take up to 90
days to review.*

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Space invaderBy Jon Brodkin/ Daily News StaffWednesday, November 1, 2006

An invasive grass found recently in Uxbridge, Blackstone and Millville

has the potential to wipe out native plants throughout large portions of

Massachusetts, according to experts on invasive species.

“I think it is one of the worst invasive species that has arrived in New

England,” said Les Mehrhoff, director of the Invasive Plant Atlas of New

England project at the University of Connecticut. “It’s going to be a

tough battle. If anybody thinks it’s going to be easy to do, they’re

wrong.”

Mehrhoff has watched the invasive species, known as Japanese stilt

grass, spread to every county in Connecticut over the last two decades.

It is difficult to identify and eradicate because it looks like regular

grass, he said.

The seeds spread easily by latching on to people, pets, clothing, tires

and can also travel to new locales in deer droppings, according to

Mehrhoff and other plant experts. Japanese stilt grass grows easily in ,

and reaches heights of more than six feet, blocking light from smaller

plants that need the sun’s rays to survive.

The grass has been in Massachusetts about five years, but it is not too

late to prevent it from spreading to unmanageable levels, said William

Brumback, conservation director of the New England Wild Flower Society

in Framingham.

The group is in the early stages of planning and seeking funding for a

two-year, $100,000 project to kill the invasive plant in Millville,

Blackstone, Bedford, West Springfield and East Longmeadow, Brumback

said. The most recent sightings of the plant were in September in

Blackstone, Millville and Uxbridge, he said.

The Wild Flower Society received a pledge of $3,000 from BASF

Professional Vegetation Management and is seeking federal and state

grants. If it secures enough funding for the project, the society will

seek permission from conservation commissions, utility companies and

landowners to eliminate the grass with hand-pulling and herbicides next

summer and fall.

Brumback wants to train a group of volunteers that would identify stilt

grass along roadsides and near utility lines. It would take several

years to eradicate the grass, because it will grow back each year, but

it is a lot cheaper to tackle the problem before the plant spreads

throughout the state, he said.

If it is not stopped, “it will in fact take over a lot of our wetlands.

It will reduce the biodiversity in many of the areas in which it

occurs,” Brumback said. “If we aren’t vigilant now and try to stop it,

it will be all over Massachusetts.”

The current plans do not target Uxbridge, but Brumback said the Wild

Flower Society ultimately wants to eliminate the plant anywhere it

occurs in the Bay State.

Japanese stilt grass, also called microstegium vimineum, is native to

tropical Asia and was first identified in the United States in 1919 in

Tennessee. It probably came to America when it was used as packing

material for porcelain shipped from China.

It has spread to 21 other states, including Florida, Ohio, Pennsylvania,

New York and New Jersey.

Cynthia Boettner, who is responsible for invasive plant control at the

Sylvio O. Conte National Fish and Wildlife Refuge in Turners Falls, said

she is on board with the Wild Flower Society project.

Boettner said she does not want Massachusetts to end up like

Connecticut.

“They know there’s no chance of eradicating (stilt grass) from

Connecticut,” she said. “The focus there is more on trying to protect

those pristine areas” the plant hasn’t spread to yet.

(Jon Brodkin can be reached at 508-626-4424 or jbrodkin@cnc.com.)

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Massachusetts Transition Team Listening Session 12/12

Tuesday, 12/12 Lenox, 7:00pm – Lenox Town Hall Auditorium.

The Energy and Environment Transition Team Committee just announced a series of public meetings or “listening sessions”. Both Chairs plan on attending each
session and a subset of the committee will also be in attendance.
Individuals and groups are invited to make written submissions to the
PATRICK/MURRAY Working Group at the session and to sign-up at the event to
speak.

For more information on the transition visit BEAT’s Advocacy page.

Tuesday, 12/12 Lenox, 7:00pm.

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Berkshire Gateway at Lee BEAT has several issues with this project.First, the proponent’s traffic study did not include downtown Lee – the location where the Berkshire Metropolitan Planning Organization has identified traffic congestion problems.

Second, the proponent’s Stormwater Management Analysis states, in Appendix G of their Notice of Intent, page 7 of 10, “Standard 5 – Higher Potential Pollutant Loads – Stormwater discharges from areas with higher potential pollutant loads require the use of specific stormwater management BMPs. The use of infiltration practices with our pretreatment is prohibited. The proposed site improvements do not include any areas with higher pollutant loads. Therefore, specific stormwater management BMPs are not required.”

However, on page 3 of 5 of the Notice of Intent, under B. Stormwater Management Standards, Standard 5: Higher potential pollutant loads – Does the project site contain land uses with higher potential pollutant loads, the proponent had checked YES.

Not only that, but the gasoline fueling station is proposed to be moved from out of the 100 year floodplain, to in the 100 year floodplain, but no mention of this is made in the narrative.

The new hotel is proposed closer to the river than the old one – 4 feet below the 100 year floodplain elevation and almost all in Riverfront Area.

A car wash is proposed with no mention of how the waste-water from it will be handled.

No case is made for why this project has to be so large. If it were scaled back, it would require fewer parking spaces and could be moved farther from the river allowing a 100 foot wide riverfront restoration which really might provide a wildlife corridor (as opposed to the suggested 35 foot maximum width proposed by the proponent.

There are too many issues to comment on for this article. BEAT urges people to attend the Berkshire Regional Planning Clearinghouse Review meeting on Tuesday, November 28 at 3:30 pm (see our Calendar for details).

History:

An Expanded Environmental Notification Form (EENF) has been submitted to the Massachusetts Environmental Policy Act (MEPA) office for a proposed project titled Berkshire Gateway at Lee. The EENF requests a waiver from preparing a full Environmental Impact Report (EIR). BEAT will request that the waiver be denied. This project exceeds the mandatory threshold for traffic. In addition it is in the floodplain and abuts the Housatonic River. We feel a full EIR is warranted.

The proponent is F.L. Roberts & Co., Inc of Springfield, and the engineering firm is SK Design Group.

Comments are due December 8, 2006. Send comments to MEPA analyst Briony Angus (617) 626-1029 briony.angus@state.ma.us

Berkshire Regional Planning Commission will also be submitting Clearinghouse Review comments. Their review of their comments before submission is a public meeting and well worth attending.

The project proposes a multi-use development consisting of a 93 room hotel, a 210 seat restaurant, a convenience store, a 2-bay car wash, a gasoline station and a truck fueling facility. The project site is bounded to the north by the on-ramp at Interchange #2 of the Mass Turnpike; to the east by Route 102; to the south by commercial property; and to the west by the Housatonic River. The project site is currently almost entirely developed, consisting of vacant buildings and paved or gravel parking surfaces. A portion of the site is subject to an Activity and Use Limitation (AUL) in accordance with MGL c. 21E and the Massachusetts Contingency Plan. The first four pages of the ENF can be seen on the MEPA website (pdf).

The project requires a NPDES Stormwater Permit; a Access Permit from the Massachusetts Highway Department; review from the Division of Fisheries and Wildlife Natural Heritage and Endangered Species Program (NHESP); an Order of Conditions from the Lee Conservation Commission; and other local approvals as needed from the Lee Planning Board and ZBA.

The proponent has submitted an EENF with a request for a Full Waiver from the requirement to prepare an Environmental Impact Report (EIR) for the project. The project meets MEPA’s review threshold for a Mandatory EIR because it will result in more than 3,000 new vehicle trips on Saturdays. The proponent has submitted a Traffic Impact and Access Study and proposed mitigation with the EENF.

Comments from agencies, officials, and citizens regarding which environmental issues, if any, are significant for this project. Opinions as to the extent and significance of possible environmental impact will be welcome. The merits of the proponent’s request for a waiver will also be considered. See our calendar page for how to submit comments by mail or email.

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