Making up the rules
Posted by - Bruce Winn : Category - Pittsfield City Government, Wahconah ParkIn an earlier post on this blog I described how the City of Pittsfield received a permit from the Pittsfield Conservation Commission for work to be done at Wahconah Park, and how the City then put a different plan out to bid. Erik Hoffner read this blog and sent members of the Berkshire Grassroots Network an email with a link to it. Deanna Ruffer, Pittsfield’s Director of Community Development, responded to this email, suggesting that BEAT’s blog contains errors and that readers should contact her for the facts. Jeff Turner of Pittsfield was one of the recipients of this email and did, in fact, contact Deanna Ruffer and she replied. In her reply, Deanna Ruffer apparently agrees that the two plans are different, but says that this is a result of the city choosing to proceed with only parts of the project and not others.
This might sound logical, but it has problems on two fronts. First, it’s not really logical. And second, even if it were logical, it would still be a violation of the conditions of the permit granted to the city by the Conservation Commission.
If the City is proceeding with just part of the project, they should be using part of the permitted plans; not different plans that have never been reviewed by the Conservation Commission or by the public. They don’t have a permit for work that doesn’t appear on the permitted plan, and parts of the permitted plan are mandatory, not optional. For instance, why has the bioswale (one of the environmental safeguards) decreased in size? (To see the plans, go to my August 16 posting.)
Also, the permit granted to the City of Pittsfield by the Pittsfield Conservation Commission includes a number of conditions including:
#13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent.
#18. Except as noted in this order, all work shall be done in accordance with all approved plans and information on file with the conservation commission, all special conditions and supporting documentation submitted to the commission as revised in this order or at the public hearing, and any commitments made by the applicant, owner or their representatives at the public hearing or in writing.
#22. Any changes, addition or omissions in the approved project shall be submitted in writing to the Commission for prior approval and determination of whether an amendment or new notice of intent is required. A copy of such request shall be sent to DEP in Springfield.
I’m wondering whether the Pittsfield Conservation Commission will enforce the conditions of the permit. Perhaps Pittsfield’s Conservation Agent will ask for guidance from his boss, Deanna Ruffer.