Conservation Commission
Meeting
January 22, 2009
Peg Arguimbau Chairman, Stephen Cremer, Elizabeth McGrath, Christine Turnbull, and Hank Langstroth were the members present.
8:00 p.m., Peg opened the meeting
Peg recused herself from the meeting at this time as she is an owner of the Arguimbau
Farm property that is proposed to be donated to Mass Audubon for a Conservation Restriction.
Hank Langstroth Acting Chairman, officiated the meeting at this point
8:05 p.m., The Commission‘s Review of the proposed Arguimbau Farm Restriction, 300 East Street:
Attorney Robert Ford, representative from Mass Audubon, appeared before the Commission.
Dan Arguimbau, owner of Arguimbau Farm, was present along with his Son, Key Arguimbau.
The members of the Commission were presented with a set of documents that included a copy
of the proposed Arguimbau Farm Conservation Restriction, State Application Form, Conservation Restriction Plan of Land dated January 5, 2009, Arguimbau Reserved Rights Plan, Aerial Photo & Topographic Map of Arguimbau Farm, and Municipal Certification Form. Attorney Ford explained to the Commission that he is representing Mass Audubon and Dan & Peg Arguimbau to seek the Commission’s approval and endorsement
of a Conservation Restriction that the Arguimbau’s are generously proposing to donate to Mass Audubon. The proposed Conservation Restriction is comprised of approximately 28 acres of their farmstead on East Street to permanently protect the fields and woods that are embodied within the property boundaries as shown on the submitted documents.
Attorney Ford presented the following overview of the proposed Conservation Restriction:
· The proposed Conservation Restriction and Public Access Easement to
Mass Audubon would permanently preserve the 28-acre Arguimbau Farm parcel and allow for the continued agricultural uses of the property. The proposed Restriction would extend a beautiful corridor of existing open space which includes a previously restricted 8 acre parcel donated by Dan Arguimbau’s Father, defined as CR 1 on the submitted Arguimbau Reserved Rights Plan. It is also possible for the proposed Restriction to extend along a future
corridor of open space if the Commission’s pending Land Swap project with the Massapoag Sportsmen’s Club is deemed successful. The proposed Restriction would not only preserve the beautiful vista of open space and agricultural uses on East Street, it would connect and extend to an already substantial corridor of open space, linking to a future corridor of open space, and also protect the tributaries to Massapoag Brook, unique wildlife, forested habitats and fields.
· The proposed Conservation Restriction has been reviewed and approved by the Massachusetts Division of Conservation Services, and is pending the Selectmen’s approval.
The following comments were voiced by the members of the Commission:
Elizabeth McGrath inquired as to what the limits would be in terms of future agricultural uses of the property.
Attorney Ford explained that the property has been designed for continued agricultural use in perpetuity, including haying of the fields and other agricultural uses that either the current or future landowners may wish to employ in an effort to continue with that heritage on the property. The fields would not be allowed for expansion without Mass Audubon’s permission. The continued agricultural uses would be allowed as well as other diverse agricultural uses
including husbandry and crop growing, etc.
Elizabeth McGrath inquired if it were possible for Mass Audubon to impose limitations in terms of soil treatment regulations that would be different from the current practices.
Attorney Ford reviewed the language contained in the proposed Conservation Restriction pertaining to the preferred management practices concerning forestry and vegetation removal. He indicated that the methods currently used on the property for soil treatment would generally be allowed to continue. Any proposed changes for vegetation control on the property would need to be reviewed by Mass Audubon.
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Stephen Cremer inquired as to Mass Audubon’s protocol pertaining to the application of pesticides/herbicides for forestry and vegetation removal on property designated for agricultural use.
Attorney Ford indicated that Mass Audubon generally follows the accepted agricultural practices pursuant to Mass Dept. of Agriculture and other organizations.
Stephen Cremer inquired if there are any invasive plant species existing on the site that might cause an area of concern.
Dan Arguimbau explained that there is no vital concern for the typical invasive plant species present on the property such as Bittersweet and Buckthorn. He explained to the Commission that his family has been thinking about placing this Conservation Restriction on the property for the past ten years. He discussed a Conservation proposal with the Trustees of Reservations and Mass Audubon years before Attorney Ford completed the process. He said that his family
would be allowed to keep their existing rights to farm land with the conditions permitted under the proposed Conservation Restriction.
Stephen Cremer inquired if there are water pipes or electrical lines installed below the surface of the Arguimbau Farm property.
Dan Arguimbau explained that he was not aware of any underground water pipes or utilities.
Stephen Cremer inquired if there was any available information concerning rights of ownership if any minerals were to be discovered in the area of the proposed Conservation Restriction.
Attorney Ford explained that any proposed excavation or dredging within the proposed Conservation area would need approval by Mass Audubon. He said that there is written language pertaining to Reserved Rights within the proposed Conservation
Restriction that would require discussion with Mass Audubon for performing certain activities on the property.
Dan Arguimbau explained that he has refused a small fortune for the existing gravel on the hill located on the back portion of the property. He stated that the hill would remain intact by the proposed Conservation Restriction.
Stephen Cremer inquired if there was any written language concerning water rights or drilling for well water within the area of the proposed Arguimbau Farm Restriction.
Attorney Ford explained that water projects would not be able to be performed outside of the residential building area unless it is deemed necessary for continued agricultural use on the property. He said that the proposed Conservation Restriction does not
permit the installation of a public water supply well and does not allow drilling for water on the site. The quantity of water within the scope permitted for agricultural use on the property would be allowed with approval from Mass Audubon.
Stephen Cremer inquired as to the scope of community access to abutting trails or Lake Massapoag under the proposed Conservation Restriction.
Attorney Ford explained that the access for public trails permitted within the proposed Conservation Restriction includes portions of the Massapoag Trail. Per Hank Langstroth’s request, Attorney Ford identified the designated composting areas outlined on the
proposed Arguimbau Reserved Rights Plan. He explained that there are composting areas located onsite, as well as offsite the property. He stated that as a Reserved Right of the proposed Conservation Restriction, the existing designated onsite composting areas would be allowed to remain on the property.
Attorney Ford explained for the Commission, Mass Audubon’s approval process of Conservation Restrictions. He also explained
that there is a provision within the proposed Conservation Restriction that would allow for the Town to access the site for emergency situations. Mass Audubon would arrive at the scene following the Town’s response to assess any damage.
Attorney Ford indicated that the proposed Conservation Restriction would prevent the potential for further development of the property. The proposed Conservation Restriction is intended to preserve the conservation values of the site.
Dan Arguimbau explained that the proposed Conservation Restriction would protect a large portion of the original Arguimbau Farm.
It is his hope that the rights to farm the land would be enjoyed by future generations.
Hank called for a motion for the Commission to accept the Municipal Certification Form concerning the proposed Arguimbau Farm Restriction.
Stephen Cremer moved. Elizabeth McGrath seconded. Voted. Unanimous. 4-0-0.
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Dan Arguimbau expressed his appreciation to Mass Audubon for their cooperation in facilitating the proposed Arguimbau Farm Conservation Restriction. He stated that the permanent protection of a 28 acre parcel with agricultural uses was made easier by the efforts made by the organization.
8:40 p.m. Update:
Attorney Ford explained to the members of the Commission that the engineer has completed the Mylar map that shows the various property delineations concerning the Commission’s proposed Land Swap project with the Massapoag Sportsmen’s Club. The completed plan and the documents to facilitate the transfer have been submitted to the State for their review and approval.
8:50 p.m., Signatures:
The Commission signed bills. The Commission signed 4 copies of the Municipal Certification Forms concerning the proposed Arguimbau Farm Conservation Restriction.
9:00 p.m., Approve past Meeting Minutes:
Hank called for a motion to approve the January 8, 2009 Meeting Minutes as amended.
Stephen Cremer moved. Christine Turnbull seconded. Voted. 4-0-0.
Hank called for a motion to approve the January 8, 2009 Executive Session Meeting Minutes
as presented.
Stephen Cremer moved. Elizabeth McGrath seconded. Voted. 4-0-0.
9:15 p.m., Adjournment:
Hank called for a motion to adjourn.
Stephen Cremer moved. Elizabeth McGrath seconded. Voted. Unanimous. 4-0-0.
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