Fire lane in state forest is one area targeted for Eversource herbicide spraying.
Sara Brown

Towns Try to Block Eversource Spraying, but Learn They Lack Clout

Eversource Energy’s plans to spray herbicides under power lines on the Vineyard remained in the spotlight this week.

Eversource Energy’s plans to spray herbicides under power lines on the Vineyard remained in the spotlight this week as Tisbury selectmen were stymied in an effort to take legal action against spraying in their town.

On Thursday Eversource officials traveled to the Island to meet with Edgartown selectmen and other officials, who had requested a meeting to learn more about the plan to resume spraying this fall.

Eversource uses herbicides to manage vegetation under power lines and on rights of way. The spraying has been controversial on the Vineyard, with town selectmen, the Martha’s Vineyard Commission and the Vineyard Conservation Society all speaking out against it and writing letters to the state agriculture board.

Edgartown selectmen and Eversource representatives tour power line area targeted for herbicides.
Sara Brown
Edgartown selectmen and Eversource representatives tour power line area targeted for herbicides.
Sara Brown

Tisbury was dealt a setback this week after learning they could not go to court to seek a temporary restraining order against the utility company. The town selectmen voted to pursue court action two weeks ago, following in the footsteps of similar action in Brewster.

Last week Brewster’s appeal to block the spraying was dismissed for lack of standing. A hearing scheduled for Friday before the state Division of Administrative Law Appeals has been cancelled.

At the Tisbury selectmen’s meeting on Tuesday, town administrator John (Jay) Grande said the town had no standing to pursue an injunction, repeating advice he had received from town counsel. The reason is that Tisbury did not participate in an effort to overturn to the 2017 yearly operational plan of the state Department of Agriculture, Mr. Grande said.

With herbicide treatments expected to start in the coming weeks, town officials said they will turn their focus to the future, though immediate legal action is not off the table.

“We need to prepare for next five-year [spraying] agreement and how to respond to that,” Mr. Grande said.

Selectman Tristan Israel agreed. “We need to point toward 2018 at this point, and develop some stronger tools,” he told the Gazette later.

Those tools could include a home rule petition to regulate herbicides, which could come before the annual town meeting in the spring. The town board of health has listed chemicals that will be used, including Arsenal, Rodeo, and Krenite, on the town website and is looking closely at laws that regulate pesticide and herbicide applications.

Paul Sellers of Eversource discusses how a cherry tree would be treated.
Sara Brown
Paul Sellers of Eversource discusses how a cherry tree would be treated.
Sara Brown

State Sen. Julian Cyr has filed a bill that would give communities more control over spraying decisions, but the bill and other related ones have been stuck in committee since last January.

Tisbury health inspector Maura Valley said she has identified 140 properties in town that abut Eversource power lines running through residential areas.

Ms. Valley said the board of health and the selectmen plan to meet with abutters to discuss possible future solutions, including having property owners or the town take on the responsibility of vegetation management.

Tisbury selectmen expressed frustration with the lack of dialogue with Eversource.

“I don’t like it,” selectman and board chairman Larry Gomez said. “I mean, jeez, we can write as many letters as we want. We’re not getting any response.”

Mr. Israel echoed the remarks. “I’m disappointed, kind of frustrated, and the fact is, I’m scratching my head as to why Eversource is just dug in on something that is just so unpopular,” he said. “Basically, they are playing roulette with people’s health.”

On Thursday morning Edgartown officials and two Eversource representatives gathered under a fire lane off the Edgartown-West Tisbury Road, where power lines veer off into the state forest.

“We hear from our constituents, they became very concerned that this is going to have a negative effect on the environment,” selectman Arthur Smadbeck said. “Could you do all this mechanically, and maybe skip the herbicides?” he asked.

Senior Eversource transmission arborist Bill Hayes and Paul Sellers, supervisor of vegetation management, defended the practice, saying mechanical removal doesn’t work for dense brush.

They said the company plans to treat the area in a rotating cycle of applying herbicides, mowing and cutting vegetation. Several different herbicides are used, they said, and most are applied directly to the leaves of plants.

Mr. Hayes stood by a small cherry tree near the parking lot, demonstrating how the tree would be treated. A worker would use a three or four-gallon backpack, he said, and spray the leaves. The herbicide slowly moves through the plant and prevents it from growing. The tree eventually dies, he said, while nearby native plants like scrub oak, false indigo and sweet fern would not be affected. Trees are treated when they are small, and herbicides are typically applied every four years, the arborist said.

“The idea behind the model is less and less herbicide is used as time goes on,” Mr. Sellers said. In West Chop, he said, the company used 420 gallons of herbicides in 2009. In 2013 they used 82.5 gallons.

Mr. Sellers and Mr. Hayes said the herbicides they use are vetted by the EPA and other agencies and are approved for use under rights of way. Plans are also approved by the state Pesticide Bureau and the National Heritage Endangered Species Program. The chemicals are approved for use in more sensitive areas, such as wetlands. The arborists said the chemicals do not harm wildlife or pets.

Mr. Smadbeck reflected. “It seems to me like a balancing act,” he said, adding: “We’re picturing this big truck, haz-mat suits. So many people have gotten worked up about it, towns suing, so that’s why there’s some red flags.”

He suggested that the officials visit Tisbury as well. The Eversource representatives said they hadn’t been able reach anyone in town.

“It’s been an education,” Mr. Smadbeck said.

Comments

Submitted by Anonymous (not verified) on Fri, 10/13/2017 - 06:28

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deshandra brown Edg

Why not take some of the inmates from the jail out there with brushcutters? Let the utility provide the tools, let the county provide the free labor. The inmates (non violent offenders) get out of the jail, get some exercise (other than trash pickup!) and the utility saves money on the herbicides and application. sounds like a win-win for all

Submitted by Anonymous (not verified) on Fri, 10/13/2017 - 11:11

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JR West Tisbury

I love when they say that the chemicals are not dangerous, that they "do not harm wildlife or pets". And that a tree's life isn't held at all sacred. And I'm not sure the EPA's seal of approval means anything. Didn't used to, now sincerely does not.

Submitted by Anonymous (not verified) on Fri, 10/13/2017 - 12:42

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Martha Magee

WE THE PEOPLE do not lack clout so much as WE are unaccustomed to standing in our power and using it. Waking up to this power is what will free our country from toxic abuse. As with Dorothy, "We've had the power all along."
YES WE CAN .

Submitted by Anonymous (not verified) on Fri, 10/13/2017 - 15:34

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David Welch Edgartown

"...vetted by the EPA" is not a valid reason to use a particular chemical in my opinion, considering the current management of that administration.

Submitted by Anonymous (not verified) on Fri, 10/13/2017 - 17:22

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pat w WT

What about civil disobedience? This could be an interesting place to use it. Will they really run over and spray people? Seems fair that we could just keep them off our little Island where we really do not want this happening and are glad to come up with creative alternative ways to meet the goals.

Carol formerly Chilmark

That could be effective, if you can interest some TV news crews to cover it (for your protection, of course, but principally for the public outcry that would ensue - putting pressure on elected officials, including the Governor, who appoints the regulatory commissioners who rule over the utility).

Submitted by Anonymous (not verified) on Fri, 10/13/2017 - 18:22

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Susan of OB Oak Bluffs and CT

never doubt that a small group of committed passionate people can make a difference -- reach out to citizens of Sudbury, MA -- Eversource is attempting to do the same thing. Call your MASS PIRG group -- Love the thought of providing inmates with the option to be outdoors/get exercise ....thinking it would not be onerous if they could sign up vs being assigned. EVER SOURCE is NOT of our communities, does not care about OUR health!

Carol formerly Chilmark

There are many other ways of controlling vegetation (out here in CA we use goats & tree crews, & we have kind of a lot more veg than the Island does). No need to force prisoners into that kind of work; given the recent Louisiana prison system news, I find the talk of using prisoners to do this disturbing, to say the least. Tree crews & goats. That's what we use, & we are waaayy bigger. Works fine.

Submitted by Anonymous (not verified) on Sat, 10/14/2017 - 13:02

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Susan Cape Cod

All of the above alternatives were offered to Nstar (now Eversource) several times over the past 9 years and dismissed every time. There's $ to be made by using chemicals. You should know their arborist has said in public meeting the herbicides were safe for his children. That's the mindset --$. None of them- Eversource, MDAR, EPA- are acting in our interest. Check GreenCAPE.org to follow earlier activities vs. Eversux. Previous legal appeals from 2013 were dismissed as the more recent ones- no surprises there. 3 legal consultants advised injunctions would not prove successful in this matter. However there are tactics that could be successful on an island.

Submitted by Anonymous (not verified) on Tue, 10/17/2017 - 13:04

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Cape Mom Harwich

A few years ago, I participated in brush clearing on Harwich water department land which abuts a hiking trail. We cleared with hand tools. Imagine what those big pesticide sprayers could do with power tools. Some shrubs can just be pulled out of the sandy soil!
Eversource violates the agreement by not putting up warning signs to abutters and people who use the trails or giving towns notice about where and when they spray. An NSTAR spokesman once said it was for the protection of the sprayers.

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