Shutesbury Conservation Commission Debates Legality of Perpetual Conditions in Environmental Orders
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Meeting Type:
Environmental Commission
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Meeting Date:
10/24/2024
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Recording Published:
11/18/2024
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Duration:
104 Minutes
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State:
Massachusetts
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County:
Franklin County
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Towns:
Shutesbury
- Meeting Overview:
In a recent meeting of the Shutesbury Conservation Commission, the legality and application of “Perpetual conditions” in environmental orders of conditions dominated discussions. The meeting also addressed grant opportunities for culvert projects, conservation restrictions, and field management strategies.
One notable issue arose when a member of the public, Tracy, raised concerns about the use of Perpetual conditions in the Commission’s orders. She argued that the legitimacy of these conditions, which have been applied in various towns across Massachusetts, including Grafton and Boston, needed to be clarified. She emphasized that transparency was essential, especially as Bob Douglas had previously submitted comments on this topic.
The Commission was advised to consider whether discussions around Perpetual conditions should be general or project-specific. A member highlighted the importance of managing conditions within the legal framework.
Parallel to this, the meeting addressed potential grant funding for culvert improvements, which could benefit Shutesbury’s infrastructure. The Fort River Watershed Association and the Nature Conservancy were identified as potential funding sources. The Chair expressed optimism about these opportunities, noting that securing such grants could advance local conservation efforts substantially.
In the realm of conservation land management, updates were provided on various projects, including a proposed parking lot at West Quabbin Woodlands. Discussions with the highway department centered on the feasibility of a curb cut for vehicle access. Additionally, site inspections at locations such as 70 Lake Drive and Pelham Hill Road were reported, with erosion controls and tree removal permits being key points of focus.
A significant portion of the meeting also focused on a conservation restriction (CR) for a property on Lever Road. The CR aims to preserve the land’s natural state, allowing only non-commercial passive recreational activities. Concerns were raised about public access, and the necessity of adhering to state documentation was underscored. The discussion extended to hunting regulations and the potential imposition of fees to cover monitoring costs. The Commission debated the merits of a one-time escrow or an annual fee, drawing parallels with building permit fees.
The meeting further addressed the ongoing restoration of wetlands associated with the library project. A restoration inspection report highlighted the need for reseeding parts of the site with native plants. The Commission remained committed to ensuring the long-term protection and management of these conservation areas.
The topic of mowing field areas also emerged as a point of contention. An enforcement order from 2022 had halted mowing activities, leading to overgrown conditions. The Commission considered a proposal to mow the field before winter to facilitate future planting efforts. A motion was passed to proceed with the mowing, recognizing the practical need to manage field conditions while awaiting a long-term management plan.
Lastly, the Commission reviewed its regulations in light of a new bylaw, acknowledging the necessity to reconcile any inconsistencies. Members expressed a desire for examination and discussion of the regulations.
The meeting concluded with a discussion on the Community Preservation Act (CPA) application cycle, emphasizing the importance of securing funding for conservation projects. There was a call to clarify CPA funding balances to assess available resources for upcoming initiatives.
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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Committee:
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Meeting Date:
10/24/2024
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Recording Published:
11/18/2024
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Duration:
104 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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