Presented below are the first two pages of a preliminary report prepared by SK Design in just 24 hours. The report reads in part:

"Based upon our review of the above documents, the project has been properly permitted. The permitting was prepared by a Professional Engineer and included review by the Massachusetts Department of Environmental Protection Wetlands Division, the Natural Heritage and Endangered Species Program, and the Pittsfield conservation Commission. The application was brief in nature and did not include a wetland delineation or a detailed topographic map. Regardless of the brief application and lack of a grading plan the MDEP and the City of Pittsfield approved the project. The City probably approved the project based upon the information verbally presented at the public hearing held for this project and the site observations made during a site inspection by the administrator."

BEAT Analysis

Despite the contention that the project was "proceeding under a valid Order of Conditions", the MDEP had not been informed of the fill, the NHESP had not been informed of the encroachment of the project into endangered species habitat, the site inspection did not include the area in question, and a review of the audio tape of the public hearing does not contain the missing information in verbal format.