The Pines At Bousquet
City finally changing Planned Use Residential Development (PURD) 2/14/2006 Pines at Bousquet developer fined $15,000 again, this time for waste violations More permits needed 11/09/05 Wetlands not shown on original plans Condos planned at local ski area 2/15/05 Public Notice of Environmental Notification Form review 3/12/05
City finally changing Planned Use Residential Development (PURD) 2/14/2006
Too bad the City of Pittsfield didn’t do this earlier – 12/14/2006 City Counicl meeting Iten #37. A petition from the Community Development Board to amend the City Code, Chapter 23, Zoning by deleting Article 23-5 (PURD) in its entirety. The current Planned Use Residential Development Article is horrible! Among other problems, it requires only 10% of the land be open space. The Pines was a PURD development allow to proceed before they even had the zoning change in place to permit them to develop. BEAT believes that NO enforcable Conservation Restriction exists for this development.
Items 37 point to the problem that the City keeps saying it is working on a zoning rewrite and a Master Plan, but nothing ever happens. Will the public be invited to give input to these important documents only AFTER they have been written? This should have been a public process from the start.
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 MassDEP’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.
More permits needed
November 9, 2005 the Pittsfield City Council voted 7-4 to table a petition from Verizon Inc. and the Western Massachusetts Electric Co. to place three utility poles on Dan Fox Drive to provide power to the Pines at Bousquet. Councilors Daniel L. Bianchi, Louis A. Costi, Tricia Farley-Bouvier, Ozias “Chuck” Vincelette, Linda M. Tyer, Anthony V. Maffuccio and Lothrop voted in favor of tabling the measure. Gerald M. Lee, Lewis C. Markham Jr., Matthew M. Kerwood and Malumphy voted in opposition.
BEAT would like projects like this one to have ALL their permits in place before they are allowed to begin construction!!!
Dan Fox Drive is in Ward 5, whose City Councilor, Jonathan Lothrop requested that Verizon place all of the cables and wires below instead of above ground. The council decided to table the measure to receive more information on how much placing the utilities underground would cost.
Verizon spokesman Alan Bessette said that the company is not required by law to place the wires and cables below ground, and that such a procedure would be too expensive. He also said by not letting Verizon go forward it could be holding up the development.
Wetlands not shown on original plans
The original plans were approved by the Pittsfield Community Development Board even though the plans did NOT show the wetlands. BEAT pointed out to the Director of Community Development and the Mayor of Pittsfield that this means the engineering firm, SK Design Group, will be submitting DIFFERENT plans to the Conservation Commission from what was submitted to the Community Development Board. The proponent, David Ward and the engineering firm, SK Design Group, submitted an Environmental Notification Form (ENF) under the Massachusetts Environmental Policy Act (MEPA) to the Secretary of the Executive Office of Environmental Affairs (EOEA). EOEA file #13489: The Pines at Bousquet Mountain, Pittsfield.
Shockingly, SK Design Group submitted the same plans, without wetlands shown, to MEPA. When BEAT pointed this out, the MEPA analyst said that wetland protection is one of the main purposes of MEPA review and required additional information.
The Secretary issued a “certificate” saying that the ENF was sufficient and that the project did not require a full Environmental Impact Report.
Condos planned at local ski area
from the Berkshire Eagle Tuesday, February 15, 2005 –
Developer David Ward has filed plans with the city for a 105-unit condominium development at Bousquet Ski Area. The development, featuring two-story townhouses starting at $350,000, is being called “The Pines at Bousquet Mountain.”
Assuming he obtains the necessary permits, Ward said yesterday that he wants to start building the first phase — 12 buildings, each with three townhouses — in April.
Ward has built two similar developments: the 38-unit Ashmere Landings in Hinsdale and Silver Maple Farm, a 59-unit development under construction at the former Burgner Farm in Dalton. Both have sold out.
Ward also has submitted a subdivision plan. This is because the project, although considered a “planned unit residential development,” involves the construction of a new access road, and the zoning ordinance is unclear on whether subdivision approval is required, said Deanna Ruffer, director of the city’s Department of Community Development.
The access road to the development requires a curb cut from Dan Fox Drive.
The city already has weighed in to facilitate the new curb cut on what is currently a state road. In December, the City Council, acting on the request of Mayor James M. Ruberto, voted to ask the state to turn over control of Dan Fox Drive to the city. The city then would grant the curb cut to Ward for free, while the state would charge $540,000, the council was informed.
Public Notice of Environmental Notification Form review
PUBLIC NOTICE OF ENVIRONMENTAL REVIEW PROJECT: The Pines at Bousquet Mountain LOCATION: Dan Fox Drive Pittsfield, Mass. PROPONENT: LD Associates, Inc. The undersigned is submitting an Environmental Notification Form (“ENF”) to the Secretary of Environmental Affairs on or before March 12, 2005 This will initiate review of the above project pursuant to the Massachusetts Environmental Policy Act (“MEPA”, M.G.L.c. 30, s.s. 61, 62, 62H). Copies of the ENF may be obtained from: SK Design Group, Inc. 2 Federico Dr., Pittsfield, MA 01201 (413) 443-3537 Copies of the ENF are also being sent to the Conservation Commission, Department of Health and Inspections, and Planning Board of Pittsfield where they may be inspected. The Secretary of Environmental Affairs will publish notice of the ENF in the Environmental Monitor, will receive public comments on the project for 20 days, and will then decide, within ten days, if an environmental Impact Report is needed. A site visit and consultation session on the project may also be scheduled. All persons wishing to comment on the project, or to be notified of site visit or consultation session, should write to the Secretary of Environmental Affairs, 251 Causeway Street, Suite 900, Boston, Massachusetts 02114, Attention: MEPA Office, referencing the above project. By Mr. David Ward, LD Associates (3/12/05) Location: MA Date: 3/12/2005 Source: Berkshire Eagle