Lenox Mountain conservation restriction moves forward

LENOX – The Lenox Board of Selectmen has voted to pursue a conservation restriction with Berkshire Natural Resources Council Inc. (BNRC) for the town’s watershed land on and near Lenox Mountain.

This unanimous vote was taken at the selectmen’s Oct. 17 meeting after a presentation by Tad Ames of the BNRC.

Previous to the meeting, the town had organized a Watershed Protection Committee to explore ways in which the watershed land could be protected. Containing members who initially opposed a conservation restriction and those who initially supported it, the committee consisted of representatives from the Lenox Department of Public Works (DPW), the conservation committee, the board of selectmen, residents of Lenox and a resident of Richmond. Mr. Ames served double duty as both a technical consultant and a member of the committee.

“We all sat down, we looked at all the facts and we all worked pretty hard to get through [this],” said Selectman John J McNinch, who was the board of selectmen liaison to the watershed committee.

In the end, the committee reached consensus on two principles: The Lenox Mountain land should be maintained and permanently protected as a natural open space whether or not it is being used as a water supply, and the land and its management should remain under the control of the town.

The committee then came to an agreement that a perpetual conservation restriction (CR) was the best way to keep this land protected. The committee further decided that the CR should be co-held by the Lenox Conservation Commission and an independent holder, with the BNRC being the most likely candidate.

The committee developed a draft CR, to be co-held by the conservation commission and the BNRC. The particulars of this draft, as well as how the committee came about drafting it, was the subject of Mr. Ames’ presentation at the Oct. 17 meeting.

“A conservation restriction is a perpetual legal agreement between a land owner and another body that holds the conservation restriction,” said Mr. Ames, who explained that a CR prohibits some land uses, while protecting others.

The proposed restriction would prohibit residential, commercial and industrial development on the watershed land while reserving the rights for continued operation of the water supply, including its expansion and improvement, forest management, timber harvesting and limited recreational use. Hunting, fishing, swimming and camping would neither be permitted nor restricted by the CR and continue to be regulated by the town.

Mr. Ames noted that the BNRC, or whatever other organization was chosen as the independent co-holder, would have to be designated as the primary decision maker in order to be able to hold the town accountable for violations.

“The town still has the control over all the land,” said Conservation Commission Chairman Neal Carpenter, noting that the holders of the CR couldn’t engage in actions on the land, only prohibit them. “They’re a policing agent…they can’t do anything they want up there other than check the land out and make sure no one’s doing something they’re not supposed to.”

The conservation commission voted unanimously to accept the CR, and their role in it, two weeks prior to the meeting.

Mr. Ames also noted that the CR could be amended, although it would require the sign-off of all parties that originally agreed to it.

“If the select board approves this…tonight, you would be approving it in principal,” said Mr. Ames, who noted that there was no final document.

Mr. Ames said if the select board approved the CR, copies and supporting documents would be sent to the Massachusetts Department of Environmental Protection and to the Executive Office of Environmental Affairs.

He added he expected both reviews would come back with comments, and that the Watershed Protection Committee might need to be reconvened to discuss them. The BNRC would also be doing fieldwork on the project during this time.

“Once it’s perfected and we really have the thing in place, a Town Meeting vote will be required,” said Mr. Ames, who noted a two-thirds vote would be needed in order for the CR to pass.

There would also need to be a two-thirds vote in the Massachusetts legislature to approve the CR, as well as technical approvals, before it could take effect.

Mr. Ames also noted a few acres of watershed land, which Lenox owns, lie in the town of Richmond, and the Richmond Board of Selectmen would thus have to sign off on the restriction.

In terms of the cost of instituting the CR, Mr. Ames said the BNRC would try to raise the $40,000-50,000, needed for things such as surveying and documentation to enact the CR, from private donors, although they could not guarantee they would be successful.

“This is not a project that hinges on an appropriation from the Town of Lenox,” he said.

The selectmen were very receptive to Mr. Ames’ presentation and the prospect of putting the Lenox Mountain watershed land under a CR.

“I just want to say that I think the process has been fantastic,” said Selectman _____Channing Gibson.

The selectmen then unanimously passed a motion to pursue a CR with the BNRC.

Posted by Bera B. Dunau on October 25, 2012. Filed under Community News,News. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry