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Legislature approves conservation restriction for Bear Hole

Date: 12/28/2020

WEST SPRINGFIELD – After months of council meetings and public debate, the most recent version of the Bear Hole Conservation Restriction has received approval from the state legislature.

The restriction, which was jointly proposed by the Massachusetts Department of Conservation and Recreation (DCR) and the Massachusetts Audubon Society, will help protect approximately 1,465 acres of the reservoir. Mass Audubon and the DCR are paying the town $1 million in exchange for the restriction, according to West Springfield’s Town Attorney Kate O’Brien.

“The entire property is currently being surveyed to confirm property lines, and the transaction will be finalized after completion of the full survey,” said O’Brien. The closing of the transaction will most likely happen during the spring, according to O’Brien.

The West Springfield City Council had voted against the original restriction plan amid concerns about giving up land rights. This new legislation, however, allows the town to still control the land subject to the parameters of the conservation restriction. The most recent version received necessary local approval from the council.  

According to O’Brien, as holders of the restriction, Mass. Audubon and the DCR will ensure that the town’s use of the property is consistent with the legislative agreement.

“The land has been included within the town’s water supply protection for several years,” said O’Brien. “Since the conservation restriction reserves for the town the ability to reactivate the property as a watershed in the future-if needed, the water supply protection district will remain in place as part of the town’s zoning ordinance.”

State Rep. Mike Finn, who along with state Sen. Jim Welch helped to get this legislation passed through the state, said that he has supported the protection of Bear Hole from the beginning.

“I thought it was a great way to protect it further than we already have,” said Finn. “And the money didn’t hurt at a time when the town needed it.”

According to Finn, the restriction allows the town to make small trail improvements, but for the most part, the land will stay as is for passive recreation.

“It’s meant to be enjoyed, just not developed,” said Finn.

Getting it passed through the legislature was the easiest part of the process, according to Finn. Most of the concern involved getting it approved by the townspeople and the city councilors.

“There were some people who just didn’t think it was a good idea,” said Finn.

Under normal circumstances, the bill has to go through an up or down vote by the state legislature because it is a land-taking restriction technically. This particular piece of legislation was supposed to be voted on in the summer, but the state legislature decided to delay it until the end of the year, according to Finn.

“I think I would’ve made it by midnight on the 30th [of June], but the extra time was helpful,” said Finn, who didn’t receive the legislation from the town until five days before the end of session in June.

Finn commended Mass Audubon and the DCR for making the donations that they did, especially since their resources are not unlimited.

“The offer that they made was really substantial,” said Finn. “That just shows you how important the project was to them, because of how valuable the Bear Hole Reservation is. It’s just pristine out there; it’s just beautiful.”

The conservation restriction is now awaiting Gov. Charlie Baker’s signature of approval. Once that happens, the town will proceed with finalizing transactions, as well as implementing the plan.