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Public Notices
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Conservation Commission public notices are in accordance with Mass. General Laws, Chapter 131, Section 40 - the Wetlands Protection Act
PDF version of act
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The notices shown here have been modified to make them shorter and
to take out the repeated MGL citations.

STATEWIDE:

PUBLIC HEARING NOTICE 321 CMR 3.00 In accordance with the Massachusetts General Laws, Chapter 131, Sections 5, 63 and 66, and Chapter 30A, Section 2, NOTICE is hereby given of a public hearing to be held at 7:00 P.M. on Thursday, August 28, 2008, at the Elks Lodge, 25 Lowe Street, Newburyport, Mass., to establish rules and regulations relative to the 2008-2009 migratory game bird seasons and methods of take. Wayne F. MacCallum Director 7/29/08

COUNTY-WIDE:

BERKSHIRE METROPOLITAN PLANNING ORGANIZATION Public
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BERKSHIRE METROPOLITAN PLANNING ORGANIZATION Public comments are sought on the following document: 2009 UNIFIED TRANSPORTATION PLANNING WORK PROGRAM The 2009 UPWP is a list, budget and description of all federally funded transportation planning work to be performed between October 1, 2008 and September 30, 2009, mostly by staff of the Berkshire Regional Planning Commission (BRPC) and consultants working for BRPC, under the auspices of the Berkshire Metropolitan Planning Organization. PUBLIC REVIEW AND COMMENTS Copies of the proposed DRAFT 2009 UPWP can be obtained by: 1. Phone: Berkshire Regional Planning Commission (BRPC), 413-442-1521, ext. 20; 2.BRPC web site: www.berkshireplanning.org; 3.Walk-in: BRPC, 1 Fenn Street, Suite 201, Pittsfield MA 01201. Comments on the document must be received by 5 PM, August 22, 2008 addressed to the Berkshire Metropolitan Planning Organization, c/o BRPC, at the above address, or to the e-mail address available on the web site. The Berkshire MPO will vote on the document at a meeting to be held at BRPC on Tuesday, August 26, 2008 at 4:00 PM (date and time subject to change). All meetings of the Berkshire MPO are open to the public. 7/23/08

BY TOWN (in alphabetical order):

ADAMS- NOTICE OF INITIAL SITE INVESTIGATION AND TIER II CLASSIFICATION
Holland Company
153 Howland Avenue
RTN 1-16725
A release of oil and/or hazardous materials has occurred at this location, which is a disposal site as defined by M.G.L. c. 21E, § 2 and the Massachusetts Contingency Plan, 310 CMR 40.0000. To evaluate the release, an Initial Site Investigation was performed pursuant to 310 CMR 40.0480. As a result of this investigation, the site has been classified as Tier II pursuant to 310 CMR 40.0500. On August 7, 2008, Dave Archibald, General Manager of Holland Company, filed a Tier II Classification Submittal with the Department of Environmental Protection (MassDEP). To obtain more information on this disposal site, please contact Carter Fahy, Environmental Partners Group, 1900 Crown Colony Drive, Suite 402, Quincy, MA, 617-657-0254. The Tier II Classification Submittal and the disposal site file can be reviewed at MassDEP, Western Regional Office, 436 Dwight Street, Springfield, MA 01103 Additional public involvement opportunities are available under 310 CMR 40.1403(9) and 310 CMR 40.1404. 8/14/08

HANCOCK- PUBLIC NOTICE MASSACHUSETTS DEPARTMENT OF ENVIORMENTAL PROTECTION
BUREAU OF RESOURCE PROTECTION/WATERSHED PERMITTING PROGRAM
436 DWIGHT STREET 4TH FLOOR SPRINGFIELD, MA 01103
TEL#:413-784-1100
Notice is hereby given that the following application for a groundwater discharge permit is being processed and that the following actions being proposed thereon pursuant to Section 43 of Chapter 21 of the general Laws, and 314 CMR 5.00 and 2.06:
CITY/TOWN: Hancock
PROJECT NAME: Vacation Village in the Berkshire Owners As- sociation, Inc.
APPLICANT: Mr.JP Ottino III
LOCATION: 276 Brodie Mountain Road Hancock, Ma 01237
TYPE OF DISCHARGE: Treated waste - water from the exist- ing wastewater treat- ment plant
QUANTITY OF DISCHARGE: 90,000 gal- lons per day
PERMIT NO: 1-690 TRANSMITTAL NO: W210381
PROPOSED ACTION: Tentative determi- nation to issue permit A copy of the application, draft permit, and statement of basis of fact sheet relative to the draft permit may be obtained from the Department's Watershed Permitting Group at the above address and telephone number. Comments on the proposed action or requests for a public hearing thereon pursuant to 413 CMR 2.07 must be filed with the Department at the above address within thirty days of this notice (8/24/08). Mark A. Schleeweis Program Chief-Wastwater Program Bureau of Resource Protection 7/25/ 08

LEE- the Lee Conservation Commission will hold a public hearing in the Town Hall, Main Street, Town of Lee at 7:00 on Sept 2, 2008, on the Request for Determination filed by Jospeh Hritz, 25 Antelope , for the construction of a new home. The public is welcomed and encouraged to attend. Deborah Garry, Chair Lee Conservation Commission 8/20/08

OTIS- The Otis Conservation Commission will hold a public hearing on Monday, Aug. 25, 2008, at 6:30 p.m. at Otis Town Hall, 1 North Main Road, Otis, to review:
- a Request for Determination of Applicability submitted by Cheri Mustain. The proposed activity is for demolition of structure located at 16 Old Stagecoach Rd., Map 17D, Lot 13, within the buffer zone of Otis Reservoir.
-a Request for Determination of Applicability submitted by Domenic Battista. The proposed activity is for the removal of a leaning tree located at 58 South Lake Avenue, Map 18B, Lot 3 on Otis Reservoir.
-a Notice of Intent submitted by Geoffrey Geane. The proposed activity is for the installation of a retaining wall and upgrade of septic system located at 89 Pine Road, Map 15C, Lot 38 on Otis Reservoir.
-a Request for Determination of Applicability submitted by Stephen and Tammy Payuk. The proposed activity is for the replacement of a septic system and well, the removal of two cottages and construction of a house in the same footprint located at 21/23 Oak Lane, Map 16B, Lot 14 on Otis Reservoir.
-a Request for Determination of Applicability submitted by Gate Island Association. The proposed activity is for resurfacing of Gate Island Road on Otis Reservoir.
-a Notice of Intent submitted by Shangraw Realty Trust. The proposed activity is for repair of a seawall located at 71 North Gate Island Road, Map 17C, Lot 31 on Otis Reservoir.
-a Notice of Intent submitted by Brian and Kristine Roy. The proposed activity is for the removal and replacement of existing foundation and house located at 36 F Drive, Map 18B, Lot 139 on Otis Reservoir.
-a Notice of Intent submitted by Lauren Harrison. The proposed activity is for the removal of an addition and construction of a new addition located at 14 East Shore Road, Map 12B, Lot 25 on Big Pond.
8/11/08

OTIS- PUBLIC NOTICE Lightower is proposing to construct a new telecommunications tower facility located at the Mountain View Campground, 1954 South Main Road, Otis, Berkshire County, Massachusetts 01253. The new facility will consist of a 190-foot monopole constructed in a densely wooded area on the Subject Property. Associated telecommunications equipment will be located at the base of the monopole. Any interested party wishing to submit comments regarding the potential effects the proposed facility may have on any historic property may do so by sending comments to: Project 61084611-MHS, c/o: EBI Consulting, 21 B Street, Burlington, MA 01803, or via telephone at (781) 273-2500. 8/12/08

SHEFFIELD- Preliminary Notice of Floodplain Impact.
The USDA, Rural Development has received an application for financial assistance from Pine Island Farm. The proposed project consists of constructing a manure digester at 1474 Hewins St. If implemented, the proposed project will be constructed in a 100 year floodplain. The purpose of this notice is to inform the public of this proposed action and request comments concerning the proposed project, alternative sites or actions that would avoid these impacts and methods that could be used to minimize these impacts. Any person interested in commenting on this proposal should submit comments to the address below within 30 days of this publication: USDA/Rural Development, 195 Russel St. B7, Hadley, MA 01035. For further information please contact Peter P. Laurenza at 413-585-1000 Ext. 4

STOCKBRIDGE- the Stockbridge Conservation Commission will hold public hearings on Tuesday, August 26, 2008 beginning at 7:00 P.M. at Stockbridge Town Offices for the following purposes: Request for Determination of Applicability Lionel Delevingne, 7 Wheatley Drive, Map 203, Lot 51. The project is to replace a dilapidated walkway with ACQ preserved planks, cross boards, beams and posts. The boardwalk will be constructed within the original footprint of the existing walk. Water will continue to flow under, around and at times over the newly constructed walk. Amended Order of Conditions Betsy McKearnan, 21 Interlaken Cross Road, Map 17, Lot 55.02. An amendment to Order of Conditions issued on 10/23/2006 DEP file #296-0342. The project includes maintenance of a non-jurisdictional pond including removal of invasive aquatic vegetation and accumulated sediment. Native plantings will be added. Work is in the buffer zone to an intermittent stream. Steve Shatz, Chairman 8/18/08

STOCKBRIDGE- DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM
Notice of License Application pursuant to M.G.L. Chapter 91 Waterways License Application Number X223601 [Komack Seasonal Dock] NOTIFICATION DATE: Saturday, July 26, 2008
Public notice is hereby given of the application by Roy and Lauren Komack to maintain an existing, seasonal pier/dock at 3 Interlaken Cross Road, Stockbridge, Berkshire County, Massachusetts. The Department will consider all written comments on this Waterways application received by within 30 days subsequent to the "Notification Date" (8/25/08). Failure of any aggrieved person or group of ten citizens or more to submit written comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9.13(4)(c). Additional information regarding this application may be obtained by contacting the Waterways Regulation Program at (617) 292-5500. Project plans and documents for this application are on file with the Waterways Regulation Program for public viewing, by appointment only, at the address below. Written comments must be addressed to: Waterways Regulation Program, Department of Environmental Protection, Western Regional Office, 436 Dwight Street, Springfield, MA 01103. 7/26/08

TYRINGHAM- the Conservation Commission will conduct a public hearing on August 25, 2008 at 3:30PM, at the Town Hall, 116 Main Rd., Tyringham. Subject of this hearing is a Notice of Intent submitted by Anthony Palmer and Helena VonBattenburg, 59 Main Rd. Tyringham. The applicant wishes to repair and reinforce a retaining structure and spillway located on an intermittent stream. The work is subject to the Wetlands Protection Act. All interested persons should attend the public hearing or submit comments in writing to the Conservation Commission. Failure to do so shall be deemed lack of opposition thereto. Ed Nardi, Chair Tyringham Conservation Commission 8/16/08

TYRINGHAM- Town of Tyringham Board of Health Notificaton of spray Application The Berkshire County Mosquito Control Project will begin the 2008 (ULV) Ultra Low Volume spray application to control flying mosquitoes on or about June 1, 2008. This procedure has been used in past years. June 1 thru September 15, 2008 Adulticide Applications by Ground Equipment 4 AM to 8 AM Monday thru Friday Any resident wishing further information can contact the project office at 413-447-9808 or E-Mail at bcmcp@bcn.net To obtain applications schedules and locations call - 413-447-9808 Monday thru Friday from 7:30 AM to 2 PM after June 1, 2008. 5/29/08

WINDSOR- PUBLIC NOTICE AT & T Mobility, LLC is proposing to install a new wireless telecommunications facility at 520 Shaw Road in Windsor, MA 01270. The new facility will consist of constructing a 160-foot monopole and installing support equipment in a 90-foot by 90-foot compound. A proposed gravel access route will be constructed to access the site. Any interested party wishing to submit comments regarding the potential effects the proposed facility may have on any historic property may do so by sending such comments to: Project 61083652-MHS, c/o: EBI Consulting, 21 B Street, Burlington, MA 01803 or via telephone at (781) 273-2500. 8/14/08

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