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Date: 3/31/2021
EASTHAMPTON – Five lots at the end of Reservation Road at Mt. Tom are up for sale and possible development, according to the Pascommuck Conservation Trust of Easthampton.
John Bator, the president of the Pascommuck Conservation Trust, sent a letter to several environmental officials throughout the state, describing the revived proposal as “ill-advised” and “unsustainable.”
“All of the land that is being talked [about] is important habitat, designated as such by the state,” said Gerrit Stover, a volunteer land conservation advisor for Pascommuck.
Stover said Mt. Tom is considered one of the most important ecological resources in the commonwealth, and because of that, the Massachusetts Department of Conservation and recreation (DCR) considers it a place that requires careful management and recognition.
“Anything that the state or DCR does has to be examined closely for any detrimental impact,” said Stover, adding that the state technically owns Reservation Road where the lots are located.
As of press time, the attorney of the current owner of the lots indicated they are speaking with someone from the Easthampton Planning Board, as well as someone from the DCR, in an attempt to arrive to some understanding about the situation.
Reservation Road in general is by far the highest elevation development on the Easthampton side of the ridge, so any regulatory or policy decisions that encourage development to that section of land is considered a “bad idea,” according to Stover. It is also contrary to the city’s space and master plans, he said. Because of this, Bator added in the letter that he hopes there will be an opportunity for public review and comment.
Specifically, the five lots in question are considered BioMap Core Habitat, according to the Trust’s letter sent to the officials. What this means is there are species in that area considered to either be federally endangered or rare/threatened by Massachusetts law. So for example, if there are nesting birds in the area, then this specific habitat is where they need to nest. If there are reptiles and amphibians, the habitat may have pools where they need to go to breed or live the rest of the year.
“There’s not that much core habitat in the commonwealth,” said Stover. “[The area] is critical habitat for the survival of species that are on the edge.”
Massachusetts has an “approval not required” law, according to Stover, which means if someone meets the frontage requirements on a legitimate public way, then the lots can be approved for sale.
In this specific instance, according to Stover, MassWildlife’s Natural Heritage of Endangered Species had to be consulted for additional criteria. After further consultation, the Natural Heritage found that there is a line on the site plan marking out a conservation restriction since a portion of the area is considered core habitat.
Natural Heritage told the city and the trust that if they protect the land where the lots are, then the state will sign off on it.
“So that just says that a conservation restriction has to be placed on that area before you can sell the lots,” said Stover. “That conservation restriction doesn’t exist.”
Because of that, the trust is arguing that no legitimate conservation organization or public agency would ever enable development on an area that should not be developed, even if a conservation restriction does not exist. At the very least, Stover hopes that the state can determine whether that area beyond the gate is public way or not.
“There have been conversations going on among the various parties for a long time,” said Stover. “It’s not up to the city, or the state, or the neighbors, or the land trusts, to come up with the amount of money that the landowner seems to expect by selling off their lots.”
Stover added that all parties can have a reasonable discussion about how much the land is worth without having to develop the land.
“We’re certainly asserting that we want to see it permanently protected so that this conversation can take place if people are reasonable,” he said.
Reminder Publishing was unable to reach the Easthampton Planning Board as of press time, but the board plans to discuss the proposed sale during an April 6 meeting.