Walmart: Stay Off the Gravel

The public was told in no uncertain terms to stay off the future Walmart property at Tuesday's Conservation Commission meeting.

The meeting concerned a stop-work order issued to Della Concrete and BVS 5401 Investors, the limited liability company Ceruzzi Holdings created to develop the site for Walmart, on Feb. 22 over closure activities at the former city gravel pit. The city's order was followed March 12 with a second one by the state Department of Environemental Protection.

Della apparently failed to use erosion controls stipulated by the commission and silt made its way into some intermittent streams on the edge of the property in violation of the Wetlands Protection Act. According to the North Adams Transcript, the commission approved a modification of the stop-work order to allow Della to comply with the DEP's demands but stopped short of removing the entire order.

Instead, new Chairman Jason Moran wants a site visit of the property and the area in particular before the next meeting. Jay Sabin, the local attorney for Walmart, said the public would only be allowed along on the visit with permission from the owner. Carol Scully of Adams, who tried to get the commission to discuss what she described as vernal pools was told to stay off the private property when she admitted having taken pictures there.

According to the Transcript, a fence is going to be installed around the site because of unstable areas; there's one up already near the jug handle to turn into Hodges Cross Road.

While one might consider a site visit with a quorum of city officials an open meeting, Mass. General Law doesn't agree.

'Meeting,' any corporal convening and deliberation of a governmental body for which a quorum is required in order to make a decision at which any public business or public policy matter over which the governmental body has supervision, control, jurisdiction or advisory power is discussed or considered; but shall not include any on-site inspection of any project or program.

 Bummer. Where's my telephoto lens?