Shutesbury Conservation Commission Considers Amendments to Property Conditions and Hires New Land Use Clerk
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Meeting Type:
Environmental Commission
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Meeting Date:
09/26/2024
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Recording Published:
09/30/2024
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Duration:
139 Minutes
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State:
Massachusetts
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County:
Franklin County
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Towns:
Shutesbury
- Meeting Overview:
The Shutesbury Conservation Commission meeting on September 26, 2024, tackled issues, including the review of an amended order of conditions for a property on Lake View Road and the hiring of Matteo Pangallo as the new land use clerk. The commission also discussed a substantial grant for the Fort River’s health and debated the legal implications of property condition language.
The primary focus of the meeting was the examination of a request to amend conditions for a property on Lake View Road. Attorney Martin, representing the property owners Kathy and Joe Salvador, sought to revise conditions deemed overly restrictive, particularly those labeled “in perpetuity.” The Salvador family argued these conditions unlawfully infringed upon their property rights, limiting their ability to fully enjoy their property. Conditions, such as 27 and 28, were specifically targeted for amendment to remove perpetual restrictions.
The discussion also scrutinized conditions 33 and 34, which required future property owners to notify the commission of transfers and acknowledge conditions. These were seen as burdensome by the Salvador family, who argued that while buyers should be informed of conditions, the requirement to send a letter to the commission was excessive.
Additionally, the commission debated a related issue concerning the removal of the term “in perpetuity” from conditions within a Riverfront resource area project. Members expressed concerns over the implications of altering such language, particularly regarding the protection of wetland areas. Town Counsel, Donna, supported the view that “in perpetuity” could be legally problematic, emphasizing the need for flexibility in conditions to accommodate changes in law or scientific understanding.
During the discussion, the commission also addressed the necessity of maintaining clear language in conditions, debating whether to redefine “post-construction in perpetuity conditions” as simply “post-construction conditions.” This change aimed to avoid indefinite interpretations of conditions, aligning them more closely with existing town bylaws and protections.
The meeting also saw the announcement of Matteo Pangallo as the new land use clerk, a decision endorsed by the select board. Pangallo’s hiring was well-received, given his local ties and prior involvement with the Community Preservation Act. His role is expected to enhance the commission’s ability to manage web updates and public notifications effectively, responsibilities that had lapsed in the absence of a clerk.
Furthermore, the commission discussed an $88,000 grant awarded to a collaborative project involving The Nature Conservancy and the Fort River Watershed Association. This initiative seeks to improve the Fort River’s health through multi-town discussions, with the first meeting scheduled for October 17.
The meeting touched on the commission’s procedural matters, including the scheduling of site visits for October 5 and preparations for the town’s birthday party on October 6. The event provides an opportunity for community engagement, with plans for a commission table to disseminate information and recruit potential new members.
The session also delved into the complexities of property restrictions, such as deed restrictions and conservation easements. The commission grappled with the nuances of enforcement and the frequency of compliance inspections, acknowledging the challenges faced by smaller towns with limited resources.
Rebecca Torres
Environmental Commission Officials:
Mary David, Robin Harrington, Scott Kahan, Beth Willson, Carey Marshall (Land Use Clerk)
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Meeting Type:
Environmental Commission
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Meeting Date:
09/26/2024
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Recording Published:
09/30/2024
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Duration:
139 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Franklin County
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Towns:
Shutesbury
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