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In the News:
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| Judges Overturn Bush Bid to Ease Pollution Rules
By MICHAEL JANOFSKY – Published: March 18, 2006 NY Times WASHINGTON, March 17 — A federal appeals court on Friday overturned a clean-air regulation issued by the Bush administration that would have let many power plants, refineries and factories avoid installing costly new pollution controls to help offset any increased emissions caused by repairs and replacements of equipment. <more> BEAT note: especially good news for downwind states such as Massachusetts |
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| EPA won’t make GE clean up Newell St. parking lot
The US Environmental Protection Agency (EPA) said at a March 15th Citizens Coordinating Council meeting, that it will not ask General Electric Co. (GE) to investigate what is under the Newell Street parking lot. There is continuing remediation at the Western Mass. Electric Company property abutting the parking lot, with 583 crushed or partial barrels, 371 drums worth of capacitors, and 34 barrels containing some liquid or solids having been removed so far. EPA estimates the removal is 70% complete. GE will follow any “vein” of capacitors or barrels they find into the parking lot, but they will not go looking for what else might be under there. The EPA feels that the percentage of PCB oil that would be found, compared with the amount they know is 40 or so feet below this site is so small that it is not worth the work. BEAT thinks that is depressing! Why not clean up what you can relatively easily reach. If it were in a “clean” area all those contaminated barrel remnants and capacitors would be considered a major problem. It is just in comparison with the bigger mess that this seems small. EPA estimates that there is probably 100,000 gallons of dense PCB oil below the site. So far, GE has pumped out over 36,000 gallons of this oil. The pumping stopped in June of 2005 while the WMECo property is being worked on, but the pumping will resume when the remediation work permits. There are monitoring wells that extend down about 15 feet below ground level into the water table. Ground water flows toward the river and these wells allow EPA to see what concentration of PCBs are being detected flowing toward the river in the location of the wells – between the Newell Street dumping areas and the river. On several separate occasions levels of PCBs above the GW3 standard have been detected. GW3 is the ground water standard that sets what is an “acceptable” level of contamination for water in the river. |
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| Massachusetts Proposes First-In-The-Nation Standard for Perchlorate
The Massachusetts Department of Environmental Protection (MassDEP) today released the first-in-the-nation drinking water and waste site cleanup standards of 2 parts per billion (PPB) for the chemical perchlorate, which has been found in drinking water sources at 10 locations across the state including a well at Mount Greylock Regional High School in Williamstown. Mount Greylock has drilled a new well which has been tested and certified. Environmental Affairs Secretary Stephen R. Pritchard and MassDEP Commissioner Robert W. Golledge Jr. announced the proposed regulations, saying that a public comment period will run from April 10 until May 12, and will include six public hearings at sites across the state, including the town of Bourne, where the first perchlorate detection was recorded. The state says that the proposed standards will be protective of public health, especially for sensitive populations, such as pregnant women, nursing mothers, infants, and individuals with low levels of thyroid hormones. Perchlorate has been found to interfere with thyroid function, which could lead to impaired human development and metabolism. No federal standards regulating perchlorate levels in drinking water currently exist. According to the Berkshire Eagle, the proposal is higher than the 1 ppb recommendation under which the state has been operating for the past two years. “Perchlorate is an emerging contaminant that has raised a red flag for environmental agencies and public health officials across the country,” Secretary Pritchard said. “These proposed standards ensure that the water is safe to drink for all citizens of the Commonwealth, requiring regular monitoring for perchlorate into the future.” “Testing results from studies across the country have found perchlorate in many things, including water, food and milk,” Commissioner Golledge said. “A perchlorate standard of 2 ppb provides the best overall protection of public health, while setting a cleanup standard that is feasible and attainable.” Perchlorate is a chemical that can be found in blasting agents, fireworks, military munitions, and other manufacturing processes, and can be generated in small amounts within existing water treatment processes. The proposed regulations require parties responsible for perchlorate contamination to cleanup the contamination and for all drinking water supplies to contain no more than 2 ppb of perchlorate. The regulations also require regular testing for perchlorate in all public water systems. MassDEP has proposed the 2 ppb standard based on a thorough review of the scientific data available on perchlorate, including analysis performed by independent scientists at the National Academy of Sciences. In setting the proposed perchlorate standard, MassDEP used long-standing protocols previously utilized in the setting of over 200 chemical standards for drinking water and for the cleanup of groundwater at waste sites. Perchlorate was first detected in 2002 in the aquifer under the Massachusetts Military Reservation on Cape Cod, when it was found to be moving toward drinking water wells in the town of Bourne. In 2004, MassDEP required all drinking water systems in the state to test for the presence of perchlorate in their drinking water sources. Test results indicated perchlorate above the interim state advisory level at sites in Chesterfield, Southbridge, Hadley, Williamstown, Boxborough, Millbury, Westford, Boxford, Tewksbury and Westport, and those sites were required to take specific actions to address the contamination. Full copies of the proposed regulations are available on MassDEP’s web site. Polluters, including the Army at the Massachusetts Military Reservation, would have to clean contaminated groundwater to the 2 parts per billion level. The proposed standards still must undergo a required public comment period, which begins with a public meeting in Bourne on April 10. Perchlorate, a substance used in munitions and fireworks, can affect the function of the thyroid, which regulates metabolism in adults and development in children. Infants are thought to be particularly at risk because they do not have the ability to store thyroid hormones like adults. Perchlorate has been found in water supply wells and private drinking water wells in Cape towns. Ten other communities statewide have turned up perchlorate since the state began testing for it in 2004. Attempts to set a federal drinking water standard for perchlorate have been stymied by political pressure from the Department of Defense and industry lobbying efforts. The state’s proposed drinking water standard is lower than what was proposed last year by an independent National Academies of Sciences panel. Based on that panel’s report, the EPA has set a ”preliminary cleanup goal” of 24.5 parts per billion – a guideline to be used for cleanup programs in states that have not adopted their own standards. If a state standard is more demanding than the EPA’s, the state standard prevails. According to the state’s updated perchlorate health assessment, the DEP rejected the National Academies’ recommendation in part because of uncertainty concerning the effect of perchlorate in breast milk. Massachusetts’ concerns for infant populations have been echoed by the Children’s Health Advisory Committee, which is affiliated with the EPA. Last week, the panel urged the agency to rethink its 24.5 parts per billion guideline. That level is not protective of children’s health and should be lowered to account for infant exposure, committee members wrote in a letter to EPA Administrator Stephen Johnson. In setting their proposed drinking water standard for perchlorate beyond the EPA’s recommendation, Bay State regulators also cited people ingesting the chemical from the U.S. food supply, which has been tainted by perchlorate. MassDEP will be seeking public comment on the proposed regulations between April 10 and May 12. Public hearings will be held on the following dates: * April 10 – 5 p.m., Peebles Elementary School gymnasium, 70 Trowbridge Road, Bourne. * April 11 – 3 p.m., MassDEP Boston Office, 1 Winter Street, 2nd floor conference room, Boston. * April 19 – 4 p.m., MassDEP Northeast Regional Office, 205B Lowell Street, Wilmington. * April 20 – 4 p.m., MassDEP Southeast Regional Office, 20 Riverside Drive, Lakeville. * April 25 – 3 p.m., MassDEP Western Regional Office, 436 Dwight Street, Springfield. * April 27 – 4 p.m., MassDEP Central Regional Office, 627 Main Street, Worcester. Persons planning to give oral testimony at the hearing are encouraged to provide a written summary thereof. Written comments by any person may be submitted before, during, or after the hearing, but no later than May 12, 2006 when the hearing record will close. Questions about the hearing and public comments on the proposed regulations should be directed to David Terry, Drinking Water Program, One Winter Street, Sixth Floor, Boston, MA 02108, (617) 292-5529. Full copies of the proposed regulations are available on MassDEP’s web site. |
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| Pittsfield’s Pediatricians Protest PCBs
Two Pittsfield pediatricians, Dr. Richard Rosenfeld and Dr. Siobhan McNally urged the City Council and Mayor James M. Ruberto to stop the dumping of PCB-contaminated waste at two toxic waste sites right behind Allendale Elementary School. Rosenfeld told the council that a letter addressed to Mayor Ruberto(pdf) summarizing recent PCB research and detailing the reasons why the pediatricians believe the children and staff at Allendale School are at risk. All of Pittsfield’s pediatricians signed a letter to Mayor James M. Ruberto urging the community to speak out against the two PCB dumps. McNally, co-chairwoman of the Massachusetts American Academy of Pediatrics Environmental Health Committee, gave a three-minute presentation detailing the risks of PCB-contamination. “I think it’s important to emphasize that PCBs have no margin of safety and given the fact that PCB levels at Allendale Elementary School have been above background level, I think we need to take this under serious consideration,” she said. State and federal officials have maintained that tests conducted at Allendale have shown little or no detectable levels of PCBs and that the school is safe, but McNally said that prenatal research has shown that exposure to low levels of PCBs have been linked to very serious health effects that have been documented in medical journals. Based on this documentation, McNally said the state Department of Public Health has received funding to do an environmental tracking study on developmental disabilities in Berkshire County children to see if there are any links to PCB contaminant data. Rosenfeld said he and McNally had also decided to address the council to advocate on behalf of the Allendale Task Force, a group of parents and teachers from the elementary school. “The Allendale Task Force believes that every child has the right to attend an environmentally safe school,” Rosenfeld said. “Despite the assurances from the Environmental Protection Agency and the Department of Public Health, we believe that this is not possible.” Rosenfeld and McNally advised the city council and the mayor to call on GE and the EPA to stop the dumping and cap the dump sites, “until a safer alternative for the disposal and/or treatment of PCB residues and other toxins can be found.” 3/15 Berkshire Eagle article about City Council meeting 3/10 Berkshire Eagle article about the letter |
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| MEPA Site Visit at Former Bradlees in Pittsfield 3/23
An Expanded Environmental Notification Form (EENF) has been submitted to the Massachusetts Environmental Policy Act (MEPA) office for this project. The project involves the renovation of an existing shopping center that was originally opened in the 1960s as a Bradlees Department Store. The proposed renovation includes demolition of the 13,500 square foot retail space at the north end of the Bradlees structure, plus about 11,500 square feet of the Bradlee’s building shell; renovation of the remaining Bradlees structure into 3 new retail facilities; the addition of 15,000 square feet of new retail space attached to the north end of the renovated Bradlees shell; and the construction of a new 3,900 square foot freestanding structure. An existing freestanding restaurant and bank will remain at the site. The first 3 pages of the ENF can be viewed in pdf format. The project exceeds Mandatory Environmental Impact Report (EIR) thresholds related to traffic, however the proponent is requesting a Full Waiver from the EIR requirement. A traffic report has been submitted with the EENF. A site visit and consultation meeting will be held to receive advice and 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. The meeting is scheduled as follows: Date: Thursday, March 23rd, 2006 Time: 11:00 am Location: 609 Merrill Road, Pittsfield. Former Bradlee’s Shopping Plaza. Comments on this project (EOEA #13747) will be welcome in writing prior to April 7th, 2006. A Certificate on the ENF will be issued on April 14th, 2006. Project Contact: David Thompson, Coler & Colantonio, Inc. (413) 313-0121 dthompson@col-col.com Pursuant to the requirements of the Americans With Disabilities Act, this Meeting Notice is available in alternative formats upon request. Questions on the meeting may be answered by contacting Briony Angus, MEPA Analyst at (617) 626-1029. Briony Angus, EOEA #13747 Environmental Analyst, MEPA Office Executive Office of Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114 |
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| Great Barrington Fairgrounds MEPA review
Comments are due on March 14 for the Environmental Notification Form for the $38 million proposal to develop the Great Barrington Fairgrounds. F Group LLC, a group of New York City investors, has proposed construction of a 100-room hotel, 60 condominiums, an events facility and retails space on the fairgrounds property. The property includes about 57 acres of floodplain along the Housatonic River. See related Berkshire Eagle story. The developers have prepared an Environmental Notification Form (ENF) that triggers a Massachusetts Environmental Policy Act (MEPA) review of the environmental impacts of the proposed development. The public is welcome to comment as well. For copies of the developer’s ENF call Eric Bernardin (413) 452-0445 x4430. Comments may be sent to MEPA reviewer, Briony Angus until March 14. (see submittal information below) The state will issue its findings in a “Certificate” by March 24. The purpose of MEPA is to bring to the table all the important information about the site and the proposed development. The review can find that the ENF (and subsequent submittals by the applicant before the Certificate is issued) was insufficient to determine the environmental impacts – in which case the proponent would have to start all over again. Or the Certificate can require a more complete environmental review, by calling for an Environmental Impact Report (EIR) – usually done in two phases; a draft and a final report. Or the Certificate can find that the ENF adequately describes the potential impacts and the other reviews can proceed. The company’s principals are Anthony Errico and Anthony Fauci. Fauci is married to the former Elaine Ward, whose family owns Ward’s Nursery. The company has a contract to buy the property from fairgrounds owner Henry D. Vara of Boston. The engineering firm Fuss & O’Neill prepared the report, which indicates potential impact on rare plant and animal species on the property as well as close proximity to the flood-plain area. There will also be an increase in traffic with an estimated 8,594 car trips per day going in and out of the complex. The fairgrounds project will require layers of review by town boards, but no zoning variances. The will be a review by the town’s Conservation Commission, and a special permit is required from the Selectmen. EOEA No. 13735, The Fairgrounds Mixed-Use Development Project, Great Barrington Comments due by 03-14-06 For copies call Eric Bernardin (413) 452-0445 x4430 MEPA analyst Briony Angus (617) 626-1029 You can email comments to Briony or mail comments to : Executive Office of Environmental Affairs, Attn: MEPA Office EOEA #13735, MEPA Analyst Briony Angus, 100 Cambridge St. Suite 900, Boston MA 02114 |
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| Housatonic River ‘Model Validation’ Report Released for Public Review& Comment
The US Environmental Protection Agency (EPA) has released the “Model Validation Report for the GE Pittsfield / Housatonic River Site, Rest of River,” starting a 30-day public comment period on the report. During the public comment period, which will run from March 8 – April 6, interested members of the public are invited to present comments to an independent scientific Peer Review Panel. The independent Panel will be evaluating the Model Validation Report in late June. The Model Validation Report is the final in a series of five reports released since 2001 for public comment and review by independent scientific Peer Review Panels. These include the Human Health and Ecological Risk Assessments as well as the Modeling Framework and Modeling Calibration Reports. The Peer Reviewed documents collectively present EPA’s findings regarding the risks that existing contamination presents to residents and ecological receptors, and also present a modeling framework that can be used to evaluate potential remedial alternatives. The Model is designed to reproduce conditions in the Housatonic River between the confluence of the East and West Branches in Pittsfield and Rising Pond Dam in Stockbridge. In doing so, the model can be used to project into the future what the results of potential clean up options would be and is one tool which will be used by GE and EPA to evaluate potential cleanup alternatives for the Rest of River. Once EPA completes the Model Validation Report Peer Review process, GE is required under the Consent Decree to submit a proposal outlining clean up alternatives for more in-depth review; the Corrective Measures Study will then be performed which evaluates these cleanup alternatives against a number of criteria specified in the Reissued RCRA Permit. The public is invited to review and comment on the Modeling Validation Report and to submit their comments in the context of the Charge questions to the Peer Review Panel to be considered in their review of the report. In addition, members of the public will have an opportunity to orally address the Panel directly on questions laid out in the Charge before the Panel begins its deliberations. Public comments must be related to the questions posed in the Charge for the Model Validation. The full text of the Charge for the Model Validation, the Model Validation Report, EPA’s Peer Review Handbook and Appendix J to the Consent Decree, as well as other related documents including a list of the Panel Members are available on EPA’s website by clicking on the red button “Current Public Comment Periods.” Copies of the Model Validation Report and the full text of the Charge for the Model Validation, as well as other information on the site are available for review at the following locations:
Comments should be faxed, emailed or mailed by April 6, 2006 to: Beth Nerrie SRA International 2801 Clarendon Blvd., Suite 100 Arlington VA 22201 Fax: 703-516-9108 Email: gepittsfield@sra.com BEAT’s note: BEAT thinks there are some real problems with the Model. The “validation” shows that the model does NOT adequately reflect PCB fate and transport, especially in the area of Woods Pond. The model also does not accurately reflect the levels of PCBs that accumulate in fish. |
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| New Species of Millipede Discovered by BCC Student
During a recent field trip to northeastern Costa Rica, Kate Edwards, an 18-year-old Berkshire Community College (BCC) student discovered a new species of millipede. Edwards, a recent graduate from New Lebanon (N.Y.) Central High School, was on a January field trip to Costa Rica as part of BCC’s tropical ecosystems course, taught by professors Tom Tyning and Tim Flanagan. A total of 10 students participated in the trip. During the trip, the class went out to explore the Caribbean slope. Edwards, who has a deep interest in herpetology, was looking for elusive low-laying pit vipers when she spotted a familiar shape crawling along a rotten log. Edwards’ species will be the third new species of millipede to be found in Costa Rica in recent years. The other two were discovered by Edwards’ friend and colleague Mike Boston, an Irish biologist, who also acts as a naturalist guide on the Osa Peninsula, where he discovered his species. The Osa Peninsula is located in the southwest corner of Costa Rica, miles from the Caribbean slope. The two geographies produce different habitats for the millipedes: Boston’s were found in dense untouched “primary” forests, while Edwards’ find was in a less dense secondary forest. “It really ticks me off when an 18-year-old, second-semester, BCC student looks down at the ground and says, ‘Hey, I think these are something different,’ ” joked Tyning at a recent presentation to the college’s Board of Trustees. He added that he was very proud to have Edwards as a student. In addition to being an environmental science professor, Tyning is a well known herpetologist, having authored several books and worked with Mass Audubon for nearly 25 years. |
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| Lakeside Restaurant violation
The Massachusetts Department of Environmental Protection (DEP) has issued a Unilateral Administrative Order (UAO) and a penalty assessment notice totaling $27,300 to Lakeside Restaurant Inc. for violation of the Massachusetts Clean Water Act. The order requires the closed Route 8 restaurant to immediately pump and then abandon the existing failed Title 5 sewage disposal system, to upgrade an existing second system and to pay the penalty. Mass DEP investigated a complaint and found sewage flowing from a tank that was supposed to have been abandoned into an adjacent wetland. A second system built in 2002 was undersized, improperly installed, improperly maintained, and not properly permitted – it was installed in a public water supply protection zone. Thank you to whoever turned in this violation! <Berkshire Eagle story> |
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| Habitat Restoration at Stafford Hill, Cheshire
MassWildlife proposes to clear another 10 acres on Stafford Hill in Cheshire as part of a wildlife habitat restoration plan to restore habitat for certain bird species that have lived there for centuries in open fields to flourish, said Jill Liske-Clark, coordinator of the department’s Upland Habitat Management Program. Species such as the chestnut warbler, the common yellowthroat and the eastern towhee use early successional habitat – grasslands and shrublands – which have been declining in Massachusetts. The Stafford Hill Wildlife Management Areas (pdf) include 1,592 acres, and MassWildlife plans to maintain about three-fourths of the 150-acre project site as open land by clearing on a rotation of between 8 to10 years. The site borders hundreds of acres of additional field habitats in public and private ownership. The wildlife restoration started in 2004 with clearing 59 acres at a cost of $85,904. In addition to the habitat restoration the site produced 2,400 tons of hardwood chips, 120 tons of aspen pulp, and two trailer loads of hardwood logs removed for sale, which reduced the cost of clearing the land. According to the U.S. Department of Agriculture, the amount of farmland in Massachusetts declined from more than 2 million acres in 1945 to approximately 570,000 acres 2002. |
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| Adams Greylock Glen proposal moves forward
Greylock Glen, the 1,063-acre site at the foot of Mount Greylock in Adams, could be developed by the town if it is chosen as the “designated developer” following a public meeting tentatively scheduled for March 30, at 6:30 p.m., at the town library. The town submitted plans including a multi-use trail system, an environmental education center, a performing arts amphitheater, a camping area, and a lodging and meeting facility, for Greylock Glen to the state in September 2004. In addition, nearly 1,000 acres would be permanently protected. Mass Audubon, Appalachian Mountain Club, Mass MoCA, and Mass. College of Liberal Arts have all shown support this proposal. The plan needs approval from state agencies such as the Department of Conservation and Recreation, Mass Development and the Division of Capital Asset Management, along with a review through the Massachusetts Environmental Policy Act, and the town needs to reach disposition, development, and lease agreements with the state, which owns the land. For more than two decades, Greylock Glen has been the subject of debates between the town and the state and between development supporters and environmentalists. Earlier plans for the site included casino gambling and a golf course. |
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| Filters with possible PCB evidence, thrown away
The filters from the air exchange machines at the Allendale Elementary School have apparently been thrown away. Tim Gray, Director of the Housatonic River Initiative, said Board of Health Director Philip Adamo reiterated last week, when the state Department of Public Health held a meeting at the school, that these filters would not be changed. According to the Berkshire Eagle article: Superintendent of Schools Katherine E. Darlington said that the air filters inside the school were supposed to be changed in December, and that school custodians changed them during school vacation last week as part of their regular maintenance. “It was part of the routine maintenance that was going to be done,” Darlington said. Darlington, who did not attend last week’s meeting, was unaware of any agreement to save the filters. David Martindale of California Avenue, whose daughter attends Allendale, said he was both “angry” and “incensed” that the air filters had been disposed of. “This is a travesty,” he said. “Everybody talks about data, and now the last piece has been thrown out. It seems very convenient that this happened. It’s not like it was a big secret that we didn’t want the filters changed.” School staff members known as the “Allendale Safety Committee” released a written statement yesterday expressing their frustration at the most recent turn of events. “We are frustrated and disturbed by the lack of communication between our city officials and state agencies,” the committee’s statement read. “There is no one person overseeing the PCB issue at Allendale school. As a result, different groups are unaware of what others are doing. |
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| Vermont farm burns grass pellets for heat
By David Gram, Associated Press excerpt from the North Adams Transcript Monday, February 27 SHELBURNE, Vt. — It cost Shelburne Farms about $1,000 a year to mow grass that doesn’t end up as hay for the animals and simply goes to waste. Now staff at the historic farm have come up with a use for it: turn it to pellets and burn them to heat the massive main barn. ”This is a small step toward a much bigger future,” Jock Gill, president of the non-profit Grass Energy Collaborative. The hope at Shelburne Farms is to gather sun-dried grass from the farm, as well as neighboring farms, use a special machine to turn the grass in to pellets and burn it much the way wood pellets are burned in boilers now. Robert Bender, president of South Burlington-based Chiptec Wood Energy Systems, said pellets can be used as fuel for combined heat and power systems. Jock Gill of the Grass Energy Collaborative issued a white paper detailing what it believes are some of the promised benefits of grass pellets. |
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| “Green” Development in Dalton
Connecticut-based developer, Gary Kaye, hopes to build Franklin Acres, a community of “green” homes in Dalton, a project that boasts it is first development of its kind in the Northeast. The proposal is to build approximately 140 “zero-net” energy efficient homes in a condominium community on approximately 500 acres in the hilly area behind the much smaller, 60 unit, Silver Maple Farm project, formerly Burgner Farm, on Dalton Division Road in a residential-agricultural zone. A conceptual site plan for the project shows a clustered subdivision from Pleasant View Drive, down to Kirchner Road and back out on Dalton Division Road. The Dalton Planning Board is currently scheduled to address the Franklin Acres project at its regular meeting at 7 p.m. March 15 in Town Hall.Kaye said he hopes to file a preliminary proposal some time in May and would like to submit a final plan this fall. The proposed homes would range in size from 2,000 to 4,000 square feet with base home prices ranging from approximately $624,000 to $888,000. Approximately 300 acres of the plan will be open space and a portion of it might be deeded for public access such as trails for horseback riding, mountain biking, cross country skiing and the natural amenity of access to the Appalachian Trail. The development has received a letter of interest from General Electric Co. to help market Franklin Acres as the first, “Ecomagination Breakthrough Community” under GE’s Ecomagination program. Ironically, the project will be a couple of miles east of General Electric’s two toxic waste dumps that it refuses to clean up in Pittsfield. |
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| Great Barrington Fairgrounds MEPA review
Berkshire Regional Planning Commission Clearinghouse Review Committee will hold an informational meeting on March 13, at 2 pm at the Great Barrington Town Hall to discuss the Environmental Notification Form for the $38 million proposal to develop the Great Barrington Fairgrounds. F Group LLC, a group of New York City investors, has proposed construction of a 100-room hotel, 60 condominiums, an events facility and retails space on the fairgrounds property. The property includes about 57 acres of floodplain along the Housatonic River. See related Berkshire Eagle story. The developers have prepared an Environmental Notification Form (ENF) that triggers a Massachusetts Environmental Policy Act (MEPA) review of the environmental impacts of the proposed development. The public is welcome to comment as well. For copies of the developer’s ENF call Eric Bernardin (413) 452-0445 x4430. Comments may be sent to MEPA reviewer, Briony Angus until March 14. (see submittal information below) The state will issue its findings in a “Certificate” by March 24. The purpose of MEPA is to bring to the table all the important information about the site and the proposed development. The review can find that the ENF (and subsequent submittals by the applicant before the Certificate is issued) was insufficient to determine the environmental impacts – in which case the proponent would have to start all over again. Or the Certificate can require a more complete environmental review, by calling for an Environmental Impact Report (EIR) – usually done in two phases; a draft and a final report. Or the Certificate can find that the ENF adequately describes the potential impacts and the other reviews can proceed. The company’s principals are Anthony Errico and Anthony Fauci. Fauci is married to the former Elaine Ward, whose family owns Ward’s Nursery. The company has a contract to buy the property from fairgrounds owner Henry D. Vara of Boston. The engineering firm Fuss & O’Neill prepared the report, which indicates potential impact on rare plant and animal species on the property as well as close proximity to the flood-plain area. There will also be an increase in traffic with an estimated 8,594 car trips per day going in and out of the complex. The fairgrounds project will require layers of review by town boards, but no zoning variances. The will be a review by the town’s Conservation Commission, and a special permit is required from the Selectmen. EOEA No. 13735, The Fairgrounds Mixed-Use Development Project, Great Barrington Comments due by 03-14-06 For copies call Eric Bernardin (413) 452-0445 x4430 MEPA analyst Briony Angus (617) 626-1029 You can email comments to Briony or mail comments to : Executive Office of Environmental Affairs, Attn: MEPA Office EOEA #13735, MEPA Analyst Briony Angus, 100 Cambridge St. Suite 900, Boston MA 02114 |
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| Worries about wells on Wells Road, Cheshire
Residents discuss subdivision plans By Patrick G. Rheaume, Berkshire Eagle Staff Berkshire Eagle Tuesday, February 28 CHESHIRE — More than two dozen people crowded into a meeting room at Town Hall to talk about water, which some neighbors believe could disappear from their wells or flood their basements as a result of a proposed housing development on Wells Road. <see the rest of the Berkshire Eagle article> Francis A. Waterman Jr. plans a nine-lot, 36-acre subdivision, including two paved streets of 1,100 feet and less than 400 feet ending in cul-de-sacs, and lots that measure from 1.5 to 8.4 acres. Each house would have an individual well and septic system. Mr. Waterman is the chairman of the municipal Water Commission. He acknowledged that much of the property proposed for development forms a basin where rainwater collects and flows to other areas, and he said that an underground river runs beneath the parcel. Michael W. Janowycz operated a dairy farm on the property for decades before retiring. Waterman purchased the farmland, located near the Stafford Hill Wildlife Management Area, five or six years ago. Vincent P. Guntlow Associates, an engineering and architectural firm in Williamstown, created the plans, which are available at the Cheshire Town Hall. The subdivision needs approval from the Board of Health and the Selectmen acting as the Conservation Commission, as well as the Planning Board, which has scheduled a site visit, open to the public, for early spring. The project will also require a National Pollution Discharge Elimination System (NPDES) stormwater general construction permit. |
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| Questioning of Foxwood Lane Development on TV
Shade latest woe in road fight By Karen Gardner, North Adams Transcript Sunday, February 26 WILLIAMSTOWN — Shade was the central issue at a recent Conservation Commission meeting during which the board continued its public hearing of an application by Charles W. Fox for the construction of a gravel road through his proposed Foxwood Lane development. In what Christopher Winters, vice chairman, called a “fairly unusual” circumstance, the Thursday meeting was televised on Willinet. Although Fox was not in attendance, about a dozen interested residents showed up. The meeting sounded more like a court of law than a board meeting as attorneys Jamie Art and Elisabeth Goodman argued their positions in support of Fox and Williamstown Concerned Citizens, respectively. Board member Philip McKnight, who also is an attorney, took over much of the questioning. Shade resulting from three planned culverts over a stream on the approximately 70-acre property, which is located off Bee Hill Road, would have an adverse impact on vegetation growing along its banks, said Goodman. Fox plans to subdivide the property into seven building lots this year, adding an eighth lot next year.<more> BEAT’s note: The next Williamstown Conservation Commission meeting will be Thursday, March 23, at 7pm in the town offices. You can check with Town Clerk, Mary Kennedy, at 458-9341 to find out how to take a look at the developer’s plans ahead of time. |
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| Wal-Mart developer to appeal permit
By Patrick M. Cardle and Chris Parker, Bennington Banner Thursday, February 23 BENNINGTON, Vt. — A developer who won a town permit to build a 112,000-square-foot Wal-Mart will now have to convince the state Environmental Court to let the project go forward. The Vermont Natural Resources Council, acting on behalf of Citizens for a Greater Bennington, which opposes the project, recently appealed the town permit to the state court. <more> |
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| Natural Resource Damages Grant Update
The Meeting Minutes and Questions and Informal Responses from the Applicant Conference have been posted on the website. |
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Activities to resume at Newell St II Barrel Field Site 2/13/2006 Beginning February 13, GE, under EPA and Mass DEP oversight, will resume excavation activities at the Newell Street Area II site, at the intersection of Newell and Sackett Streets. Contaminated soil, drum remnants and capacitors encountered during the excavation will be transported off-site for disposal. Soil will be temporarily stock-piled at Building 68 on the GE facility before being shipped off-site for disposal at a permitted facility. Any drums that are found intact will be overpacked, sampled and shipped off-site for disposal. Once the excavation is complete, the area will be restored. |
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| Dorothy Amos Park – MORE testing
In a Supplemental Sampling Summary Report dated January 31, 2006, GE calls for doing yet more testing at Dorothy Amos Park. This will be the third set of “additional” sampling. BEAT carefully examined the most recent report and sent a written request asking that DEP require GE to sample to a depth of 10 feet at specific locations where GE has currently sampled to 5 feet or less. GE is currently suggesting that they sample to 7 feet. |
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| Pines at Bousquet Developer fined $15,000 again, this time for waste violations
The Department of Environmental Protection fined L.D. Builders LLC of Dalton $15,000 for violations of the state’s Solid Waste Management regulations. In 2003, they were fined the same amount for erosion control failures at Silver Maple Farm development (Burgner’s). L.D. Builders, a construction company owned by developer David A. Ward of Hinsdale, worked on the property on Pine Cone Lane in Hinsdale, known as Ashmere Landings. During the construction of the condominium complex, wood waste generated by the clearing of the site, as well as other construction wastes, was buried in three distinct locations on the property, according to the DEP. Partially buried tree stumps and hazardous, pressure-treated wood scraps were among the materials discovered. Land filling of wood waste and construction waste during land development projects is a violation of the laws and regulations governing solid waste management in Massachusetts. The three dump sites were discovered over the course of several site inspections between February and May 2005. In addition to the $15,000 penalty, L.D. Builders is required to excavate the solid wastes by September and manage them in a manner which is consistent with the protection of public health, safety and the environment. In addition, during the inspections, a common use recreation area was discovered at Ashmere Landings. This included a public water supply for a drinking fountain and bathrooms, which the property didn’t have a permit for. The developer disconnected the water supply. In a press release received yesterday, Michael Gorski, director of the Mass DEP’s Western Regional Office said, “This is not the first time that this company has come to our attention.” He referred to a fine of the same amount issued as a violation of the state’s Wetlands Protection Act in October 2003, for failure to control erosion on the Silver Maple Farm site following an August rainstorm. “It is unfortunate that some very experienced developers either are not aware of, or choose to ignore their environmental obligations,” said Gorski. For more about the Pines visit BEAT’s Pines at Bousquet page. |
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| Pittsfield Generating Plant starting up again
The Pittsfield Generating Plant has sent its draft Operating Permit Renewal to the Massachusetts Department of Environmental Protection (DEP). This permit sets forth the rules that Pittsfield Generating will have to follow – including what monitoring, record keeping, and emission limitations they will have to do. BEAT has concerns about this permit. Pittsfield Generating is right next to General Electric Companies two toxic waste dumps – Hill 78 and Building 71 The area the Generating Plant was built on was highly toxic. This plant pumps water from far underground to use in making the steam it emits. They use natural gas to heat the water to make the steam. Because of our concerns, BEAT emailed John Kirzec at DEP to ask for a public hearing. His response was that we must make that request in writing and include what are concerns are. First of all, BEAT considers an email request to be in writing, but we will submit a list of concerns by both email and regular mail asking for a public hearing. We received a response that this permit is aimed at the air quality implications of the fuel they burn. Our questions were mostly about the water – from under the GE site – that is emitted as steam. There will not be a public hearing, but BEAT has been promised a response to all our questions. There is a public comment period until 5 pm February 25. Written comments may be submitted to : Craig Goff, Permit Chief, Mass DEP, 436 Dwight St., 5th Floor, |
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| Perpetuity -or- Until a better offer comes along
Boston Globe Op-Ed – February 13, 2006 By Tad Ames, Berkshire Natural Resources Council AT THE UNVEILING of his family’s plan to turn Springlawn Mansion in Lenox into a hotel, James Jurney Jr. put his finger on the most engaging aspect of the old estate: ”The magic of Springlawn is the back lawn.” Jurney speaks with directness. While the building is attractive from the front, he said, the true splendor of its design and site does not become obvious until one passes through the entrance hall, out the back of the building, and down to the foot of the lawn. Turning back and gazing up, there it is: the mansion on the hill. You are welcome to take this walk yourself: Thanks to a historic preservation and conservation restriction for which Massachusetts taxpayers paid $500,000, the property is open to the public. The state made the deal with property owner Shakespeare & Company in June 2000. In exchange for the half-million dollar boost to the perennially strapped theatrical group, the pact established an open space buffer between historic downtown Lenox and the company’s bustling campus. It limited use of the mansion to residential and theatrical uses, ordered that the historic facades remain intact, and required public walking trails. The agreement was to bind all future owners of the property in perpetuity. It turns out that ”perpetuity” may be defined as ”until a better offer comes along.” Last summer, James Jurney Sr. purchased the Springlawn Mansion and 15 additional acres for $3.3 million from Shakespeare & Company. A transplanted motelier from Myrtle Beach, S.C., Jurney Sr. made it clear it was his family’s intention to create a ”luxury boutique resort” with a restaurant, swimming pool, tennis courts, and a formal garden. The public would no longer be welcome to the ”magic” spot on the lawn, but the Jurneys would be willing to create a walking trail through the woods, around the far side of a ledgy wooded hillock and through a swampy thicket to a pond and then on to the street. What about the state’s restrictions on the property, which clearly prohibit this vision? According to Jurney Sr., that was a ”gamble.” Including language in the deed that promised $600,000 more to Shakespeare & Company if the prohibitions were lifted was one way to better the odds. Springlawn Mansion is a vestige of the Gilded Age, a time when magnates and robber barons erected sumptuous ”cottages” in the Berkshires while the vast majority of the people scratched and clawed and tugged their forelock. The scales by which scratching and clawing are measured have changed, but things are not so different today. South Berkshire seems in danger of being reduced to a stop on the lifestyle circuit for the rich. There are many good people on this circuit. However unwittingly, their appetites are creating a new societal stratification, one that obliterates the humble character and soul of a place and turns communities into ”destinations” where the sushi is to die for. Along with their exquisite design sense and ambitious vision, the Jurney family appears to have a collective eagerness to do things the right way. They are hard-working and transparent in their goals. They have hired a skilled team of respected professionals to help take them through the legal and permitting thickets. With the charm offensive launched in Lenox, next stop is Boston, where the folks at the Department of Conservation and Recreation and the Massachusetts Historical Commission will review the family’s request to undo the restrictions. The request to turn public land into private gold will hardly come in a vacuum. The state Constitution was amended in 1972 to require approval of two-thirds of the members of both Legislative houses before any public conservation lands can be converted to development purposes. Once a rare occurrence, these so-called ”Article 97″ land transfers have become relatively commonplace. A 2001 MassPIRG study found that 40 parcels of public land had been turned over to private developers in the three previous years. If this turns out to be Springlawn’s fate, life will change for Lenox seniors and dog-walkers. After entering the grounds on the new trail from Old Stockbridge Road, the walker will catch a quick glimpse of the mansion and gardens before being led into the woods and around the back of that ledgy little hill. The Jurneys’ representatives have taken pains to point out that the rocky hill will be preserved, but will not be open to the public: too dangerous. What danger is it, one might ask, that we will hear the thwock of a tennis ball coming from the grounds of the boutique resort, but that we will not see the players, nor they us? Tad Ames is the president of the Berkshire Natural Resources Council, a |
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| 2006 Housatonic River Summer Festival Events wanted for Calendar
The Northwest Connecticut Convention and Visitors Bureau will once again team up with various partners to plan the 2006 Housatonic River Summer Festival. The Visitors Bureau is putting together a “special” Calendar of Events for the Housatonic River Summer Festival, and is looking for events that take place between May 2006 and October 1, 2006. All events should be open to the public. Events should relate to the history, culture, art, recreational, environmental, and natural aspects of the river. Examples of events can be lectures on the history or the environment of the river, art and craft shows celebrating the river, recreational opportunities that can be enjoyed – canoeing, fishing, hiking, picnicking along the river; lodging packages with a recreational component related to the river, music and poetry related to the river…the possibilities are endless. Please send the enclosed form with your event to: Northwest CT CVB, 21 Church St., Waterbury, CT 06702 by April 7th. If you email your event, please send it to dana@northwestct.com to ensure inclusion in the printed calendar and the Housatonic River Summer web site, and to laura@northwestct.com to ensure inclusion of your event on the Northwest Connecticut CVB’s website. If you miss the print deadline, but have organized a river event during this time period, please email dana@northwestct.com and laura@northwestct.com so they can post the event on the Festival’s and the Bureau’s web sites. If you have any questions, please do not hesitate to call our offices. We look forward to receiving and promoting your river related events. HOUSATONIC RIVER SUMMER 2006 FACT SHEET Deadline Friday, April 7, 2006 Event Dates: May 2006 – October 1, 2006 Description: Housatonic River Summer is a summer-long celebration of art and nature relating to the Housatonic River or a Tributary of the River in Northwest Connecticut and in the Berkshires of Massachusetts. Types of Events: Organizers of events that relate to river(s) as a natural resource, to river life, to the Housatonic River and/or its tributaries specifically are welcome to submit information for consideration as part of HOUSATONIC RIVER SUMMER 2006. Examples of River Related Events: activities that will take place along the river(s) exhibits that focus on the river(s) lectures about the Housatonic and its tributaries art shows and exhibits that pertain to the river(s) performances of music, theatre, dance, or the written word that are inspired by rivers lodging packages with a river related component such as fly fishing or canoeing package Deadline: April 7, 2006. Submitted information will be included in special promotions and a Housatonic River Summer 2006 calendar of events. Please send information to: Dana Alsdorf Northwest Connecticut Convention & Visitors Bureau 21 Church Street, Waterbury, CT 06702 Phone: 203-597-9527 Email: dana@northwestct.com. |
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| Masswoods.net Launched
Greetings Friends of Forest Conservation, We are pleased to announce the launch of MassWoods.net Typically, most landowners go about their day-to-day routines and passively enjoy their woods. Like other things in life, it is often not until a trigger forces a decision about the sale of timber or land that you need to make an informed decision. MassWoods.net was developed to help landowners at these critical decision making times. Our goal is to provide accurate information to woodland owners when they need to make two critical decisions about the future of their land: 1) the potential sale of timber and 2) planning for the future of the property. MassWoods.net features an interactive map to direct landowners to local resources to help them with their decisions. Service foresters, local land trusts, statewide land trusts and conservation organizations are all listed for each town across the state. We will be expanding this list of resources to include licensed foresters and community members that can also help landowners. Each month a new update will be posted aimed at delivering timely and relevant information about landowner decisions, issues, programs, opportunities and successes. Although MassWoods targets landowners at decision making times, this site will also serve as the main portal for UMass Extension¹s Forest Conservation Program. Look for information on our programs and research including: Coverts, A CoOperative Resource Network (ACORN) and Cases of Conservation. Licensed foresters will find links relevant to licensing and continuing education. We are also developing a web based database for the Southern New England Stumpage Survey. Landowners looking for information on forestry programs will also be able to find information and links. In addition, MassWoods encourages landowners to consider the role their properties plays in their landscape and communities as they make decision about their land. Likewise, MassWoods encourages community members and municipal officials to value private woodland owners for the many public benefits they provide to the community with relevant links and PDFs such as: AFT’s “Cost of Community Services”, MA Audubon’s “Losing Ground”, and Harvard Forests “The Illusion of Preservation”. We hope that MassWoods helps bring information on forests and land protection together for more informed landowner decisions! The site will be maintained and regularly updated by Paul Catanzaro, Forestry Extension Specialist at the University of Massachusetts at Amherst. Contact Paul if you have any comments, updates or corrections at cat@umext.umass.edu or 413.545-4839. Paul Catanzaro and Dave Kittredge Forest Conservation Program |
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| BioMap Receives National Recognition
BioMap, produced by MassWildlife¹s Natural Heritage and Endangered Species Program, is an important statewide conservation planning tool that identifies areas of importance for protecting the state¹s biodiversity. Recently, BioMap was selected as a Case Study by the Conservation Fund. The Conservation Fund, a national nonprofit land conservation organization, shares sustainable conservation solutions from around the country emphasizing the integration of economic and environmental goals. A review of BioMap by the Conservation Fund was recently posted on This is not the first time BioMap has been recognized as an important report; in 2002 the Massachusetts Audubon Society awarded its Audubon “A” Award for the BioMap project, ³recognizing exceptional action on behalf of the living environment². More information about the BioMap can be found in the Natural Heritage area of MassWildlife¹s website |
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| Dams and Flow Legislation
Progress Expected on Dam Removal and Instream Flow Standards The Joint Committee on Environment will hold an Executive Session on February 27th, and we expect legislation related to dam removal and instream flow standards to both be reported out favorably. For full texts of the legislation, please contact ELM VP for Policy Nancy Goodman at mailto:ngoodman@environmentalleague.org. |
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| EPA Ignoring Public Opposition to Testing Chemicals on Kids
Several months ago, the Organic Consumers Association alerted its readers to an EPA proposed rule that would allow pesticide and other chemical testing on children. Over 50,000 comments were generated to the EPA condemning this proposal. Despite overwhelming input from citizens, congress, and EPA’s own scientists opposing the proposed rule, the agency’s administrators have announced they are days away from approving the proposal and allowing chemical testing on children. “The fact that EPA allows pesticide testing of any kind on the most vulnerable, including abused and neglected children, is simply astonishing,” said Sen. Barbara Boxer, D-Calif. Even EPA’s own scientists are speaking out against the agency’s proposed rule. “I am somewhat dismayed that this rule was presented in such a complex — and I would have to say, tricky — way,” said Suzanne Wuerthele, a regional toxicologist for the EPA. Earlier in 2005, Congress mandated that the EPA must ban all chemical testing on humans without exception, in order for the agency to be allocated its full budget. EPA has clearly failed to do this with this proposed rule. |
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| Local Buying Guide Pilot Project from New American Dream
Truly helping people live consciously, buy wisely, and join with others to make a difference in your community involves more than pointing people to nationally focused materials, it calls for an understanding and appreciation local flavor. Take a look at the Local Buying Guide Pilot Project from New American Dream. |
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