The BEAT News
February 24, 2007

Governor petitions to modify special permit in Richmond

RICHMOND Zoning Board of Appeals will conduct a public hearing, pursuant to the provisions of Chapter 40A of the Massachusetts General Laws and Section 6.3 of the Zoning Bylaw, on the petition to modify a previously issued special permit of Deval L. Patrick and Diane B. Patrick to construct a two family home at 245 Furnace Rd., Assessors Map 106, Lot 19. The hearing will be held at 7:00 p.m. on Thursday, March 22, 2007, at Town Hall, 1529 State Rd.

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Latest News on Off Road Vehicle Rules for State Forests and Parks - 2/22

In 2006, BEAT participated in a public process to review draft siting criteria for evaluating Department of Conservation and Recreation (DCR) properties for Off Highway Vehicle (OHV) use.  Off highway vehicles (also known as off road vehicles or ORV’s) include a variety of vehicles, but DCR’s criteria process exclusively focused on all terrain vehicles (ATV’s) and off highway motorcycles. DCR wrote this letter to thank people for their participation in this complex issue and to update us on the latest developments:

The OHV siting criteria have been in development for over a year. In July 2005, DCR assembled an Off Highway Vehicle working group composed of trails users, scientists, land management organizations, and other stakeholders to guide the agency in developing the siting criteria.  Representatives from nine northeastern states and interest groups, ranging from The Nature Conservancy to the New England Trail Riders Association, participated in the process.  The working group’s deliberations produced the draft criteria that were presented in public meetings across the state in February and March of 2006.  Over 130 written comments from citizens, organizations, and public officials across Massachusetts provided the agency with valuable input in developing its recommended policy for siting this use.

On February 2, 2007, the agency’s advisory board, the DCR Stewardship Council, approved the siting policy and criteria that emerged from that process.  The Council added an important condition however, requiring that the agency submit for their review and approval a plan for addressing enforcement concerns by early August. 

The policy establishes both “coarse” and “fine” filter assessments of properties to minimize environmental and social impacts and to maximize public safety.  Key elements of the approved criteria address the protection of important natural resources, including wetlands, drinking water supply resources, important plant and animal habitats, priority natural communities, forest reserves, and steep slopes.  The criteria also include provisions to encourage safe and enjoyable motorized recreation areas, including mileage goals, coordination with local communities, and cooperation with local clubs and supporting organizations.  The complete policy is available at DCR’s website.

DCR has begun the process of applying the coarse filter criteria to the seven locations where OHV use is currently allowed and will begin making decisions about future OHV use in some locations before the riding season begins May 1, 2007.  The agency is committed to holding public meetings in communities where OHV use changes from its past status.

The agency is also beginning the process for developing the enforcement plan required by the Stewardship Council.  DCR recognizes that the process to improve OHV laws and regulations should involve the Legislature, multiple law enforcement agencies, and stakeholders, including environmental interests, land management entities and motorized recreation enthusiasts.  The agency is therefore initiating a plan that encourages participation by these and other diverse interests.  DCR will post updates on this process at its website.

 
DCR truly appreciates your interest in and contribution to this important and complicated issue, and we hope that you will continue to work with the agency and other stakeholders as we strive to achieve more effective and sustainable management of off highway vehicles in Massachusetts.   We believe that effective and sustainable management requires three essential elements:

1.      Improved management and operation of designated OHV areas
2.      Strengthened state laws, regulations, and enforcement capacity to deter illegal riding
3.      Consistent information regarding safe and environmentally responsible motorized trail recreation coordinated among land managers, local and state law enforcement agencies, dealers and manufacturers of motorized recreation vehicles, and the network of clubs and riders.

The policy that you contributed to helps set standards for improved management and operation.  The Council’s challenge to outline a plan for enforcement in six months advances the second element.  We hope that the network of individuals, organizations and decision-makers who have been engaged in this process will contribute to the consistent communication that is equally critical to effective and sustainable management.

Again, thank you for your participation in this process.  Please direct questions to DCR at mass.parks@state.ma.us or the agency’s comment line at 617-626-4973. 

Sincerely,
Gary M. Briere
Recreation Bureau Chief
Massachusetts Department of Conservation and Recreation

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Saint Lawrence Cement – still a threat

Massachusetts, Connecticut, Delaware, Illinois, Maryland, Michigan, New Jersey, New York, and Pennsylvania are all challenging U.S. Environmental Protection Agency (EPA) rules that fail to regulate the emission of mercury and other pollutants from cement plants.

A similar challenge is being brought against the federal agency by a consortium of environmental groups, including the Hudson-based Friends of Hudson.

There are two coal-fired cement manufacturing plants just upwind of the Berkshires: St. Lawrence Cement in Catskill and LaFarge Building Materials in Ravena. According to the EPA's Toxic Release Inventory, those plants were the two largest mercury polluters in the state.

In 2000, a federal court ordered the EPA to set standards under the federal Clean Air Act for various hazardous air pollutants, including mercury. The rules released by the EPA in December 2006 exempt existing cement plants from meeting those standards. Susan Falzone, executive director of Friends of Hudson, said that in 2004, the Catskill and Ravena plants were responsible for nearly 40 percent of all mercury emissions in New York.

Mercury is a heavy metal that can damage the central nervous system, the endocrine system, the kidneys and other organs. Over time, it can result in brain damage and death.

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New Report on the Economic and Social Values of our State Parks

The Conservation and Recreation Campaign has just released it's report Parks and Beaches: Common Cents for the Common Wealth. This report outlines the many ways that our system of public lands not only contribute to a healthy environment, but to our economy and quality of life

The goal of this information is to support better management of these treasures. For the first time, the Campaign shows that these parks and beaches are not only environmental assets, but economic ones as well. When we under fund our park system, not only are we hurting our environment, but we are hurting our economy.

The Campaign's review of the research materials available suggests that every tax dollar invested in DCR parks and beaches returns approximately 26 dollars to the Massachusetts economy and the Campaign believes more research could show an even greater return. So far they have found that, statewide our combined 1.3 million acres of protected lands provide:

• 6.5 billion in green infrastructure
• 5 billion in outdoor and recreational spending
• 50,000 jobs
• 1.5 billion on wages
• and just under 1 billion in recreational equipment purchase

We all know what a beautiful place Massachusetts is, now let's invest in ourselves and our children’s future by investing in our commons.

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Public meeting to hear General Electric's ideas for the "Rest of the River"

There will be a public meeting of the Citizens' Coordinating Council, General Electric Company(GE), US Environmental Protection Agency (EPA), and Massachusetts Department of Environmental Protection (DEP)
Tuesday, March 6, 2007 at from 5:30 to 8 PM, at Berkshire South Community Center on Chrissy Rd in Great Barrington MA. 

The meeting will focus on a presentation and discussion of GE’s Corrective Measures Study proposal for the Rest of River project. There will be a second meeting with the same agenda in Kent, CT at the Town Hall on Wednesday, March 7, 2007at 6 PM.

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Comment on DCR’s Forest Cutting Comment Policy by March 16th

The Department of Conservation & Recreations has developed a new policy concerning public participation and comment concerning proposed timber harvests on DCR lands.  The policy is a result of the clamor over proposed harvests on DCR lands at the Notch in Amherst, Robinson State Park in Agawam and elsewhere.

This policy is intended to provide guidance on DCR, Bureau of Forestry internal review and public notice of and comment on forest management plan implementation (forest cutting) projects.

Comments concerning the proposed Public Outreach and Consultation for Forest Cutting Plans Policy are due Friday, March 16. More information is available on the website.

Please submit comments c/o Marcelle Valentin via email at DCR.Policies@State.MA.US or via mail at:

Marcelle Valentin
Department of Conservation and Recreation
251 Causeway Street, Suite 600
Boston, MA 02114

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PARTNERS FOR FISH AND WILDLIFE PROGRAM

The Partners Program was established in 1987 with a core group of biologists and a small budget for on-the-ground wetland restoration projects on private lands. This successful, results-oriented program has garnered support through the years and has grown into a larger and more diversified habitat restoration program assisting thousands of private landowners across the Nation.

Migratory birds, inter-jurisdictional fish, Federally-listed endangered, threatened or other declining or imperiled species are public resources, which by their migratory nature or declining numbers on a national scale, have been identified as Federal Trust Species. It is estimated that 73% of our Nation’s land is privately owned and that the majority of our fish and wildlife resources occur on those lands. Consequently, the conservation lands held by Federal and state agencies and other conservation groups cannot completely provide for fish and wildlife needs. Because the habitat needs of all Trust Species cannot be met solely on public lands, public funds are also expended on private lands to accomplish habitat improvements through cooperative conservation programs such as the Partners Program. 

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Comments on DCR Draft Forest Management Plan for Western Mass. Forests due March 16

The Department of Conservation & Recreation has published draft forest management plans for the Northern Berkshire, Southern Berkshire and Western Connecticut Valley Regions.

DCR will be accepting public comments postmarked by March 16, 2007. 

Please clearly state which planning area (Northern and Southern Berkshire and Western Connecticut Valley District)  you are commenting on and mail all comments to attn:

Kris Massini
DCR-Bureau of Forestry
PO Box 1433
Pittsfield, MA 01202
or via e-mail: kris.massini@state.ma.us.  

If you need a hard copy of the document, please contact Kris Massini.

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ELM's 2008 Green Budget

The Environmental League of Massachusetts has released their Green Budget 2008 (pdf) with recommendations on how much money should be allocated to various environmental budget lines for the next fiscal year (2008). The Green Budget 2008 has been endorsed by 50 conservation and health organizations across the state, with recommendations for the Environmental Affairs budget.

In the Green Budget are recommendations to provide $1 million for the Natural Heritage and Endangered Species Program (NHESP) within the Department of Fish and Game to help implement the Wildlife Action Plan.

In the FY2004 budget the NHESP lost all of its operating funding from the state, which had amounted to around $800,000 a year. It now functions on only a combination of bond money, voluntary donations from Massachusetts residents in the form of a check-off box on the state income tax return, and federal funds.

NHESP is one of the programs within MassWildlife that implements the State Wildlife Action Plan. In order to continue to receive federal funding to implement our Action Plan, the state must match dollar for dollar what the federal government is willing to provide, which was around $900,000 in FY2007.

Much of the $1 million recommended in the Green Budget for NHESP would qualify for the agency's federal match to implement the Wildlife Action Plan.

You may contact your legislators to give them your views on this plan. Click on their name to email or give them a call.

Senator Benjamin Downing 413-442-4008
1st Berkshire District Representative Daniel Bosley 413-663-7486
2nd Berkshire District Representative Denis Guyer 413-684-0033
3rd Berkshire District Representative Christopher Speranzo 413-447-7225
4th Berkshire District Representative Smitty Pignatelli 413-243-5534

By supporting $1 million for the Natural Heritage & Endangered Species Program, Massachusetts could receive matching Federal money to implement the State Wildlife Action Plan.

See ELM's explanation of the Massachusetts Budget Process or
Mass Audubon's explanation of the Massachusetts Budget Process as a pdf or go to their Legislative Primer webpage and select Massachusetts Budget Process.

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