1) Preservation of the entire Brimstone parcel; and
2) Ownership and management of the open space component created as part of the proposed cluster development.
Regarding the first, neither the political will nor the financial resources were available from the town, state and/or private parties to preserve the whole parcel. While it is regretful that it was not possible to protect this unique area in its entirety, half-a-loaf is certainly better than none.
Secondly, the "proper, safest management" of the open space parcel is a matter of opinion. There were three basic options discussed (at many public meetings of both the Conservation Commission and the Planning Board) for the ownership and stewardship of this open space:
1)Ownership by the town with a conservation restriction (CR) held by a third party;
2)Ownership by a land protection trust such as Sudbury Valley Trustees (SVT) with a CR held by the town; and
3)Ownership by a newly created homeowners association, with a CR held by the town.
After much input from abutters, neighbors, town meeting members and other concerned residents, a consensus was reached by the ConCom that the best option was for the land to go to a third-party land protection trust, with a properly formatted CR restricting the land from any type of development, in perpetuity, being held by the town.
Both options 1 & 2 were judged to be equally 'safe', i.e., offer the same legal protection against any possible future development or conversion to other uses of the open space. However, it was felt that a land protection organization, which has a full-time staff of land management professionals and has open space stewardship as its primary focus, would be better able to manage this parcel.
The town currently has 1.5 employees and 7 volunteers in the Conservation Department, and is likely to lose the half-time position at the end of this fiscal year. Most of the staff time is occupied with reviewing applications and building permits; making site visits for new projects, enforcement issues, and to monitor ongoing projects; generating orders of conditions, enforcement orders, and determinations of applicability; responding to resident inquiries and complaints; and assisting homeowners with the paperwork required by both the town and the state regulations. We receive no administrative support beyond the taking and typing of minutes, and the staff is already working far more time than they are being paid for. There is precious little time left for land management issues, and we are largely dependent upon Parks & Rec. and DPW to actually get anything done in the field. This support has not been particularly forthcoming in recent years; I'm not criticizing anyone here, simply stating a fact.
In contrast, an organization such as SVT has more than a dozen staff members and hundreds of active volunteers to draw on for stewardship of the land under their protection. When it comes time for improvement projects such as a trail workday to correct erosion problems, or the recent cleanup day at Wittenborg Woods, we typically have 3 or 4 volunteers show up; a comparable SVT workday in the Framingham area will result in 10 - 20 or even more volunteers.
Mainly for the reasons outlined above, the ConCom voted unanimously to recommend Option 2 to the Planning Board: That the open space component of the Brimstone Estates project be deeded to a land protection trust such as SVT, with a CR (written per the state guidelines to protect the land in perpetuity) going to the Town of Framingham. We also expressed the opinion that Option 1 would be the next best resolution, and that Option 3 would be a poor third choice.
Lastly, among land protection groups, SVT would be the logical choice for this parcel since it is adjacent to their Gross Tract to the west, they are very active in this region, and they have a lengthy history of working effectively with Framingham as well as with other towns in the area.
Bill Merriam
Chair, Framingham Conservation Commission
Paul Willitts wrote:
I find it hard to believe that this town will put open space land in any other management than the town's conservation commission. Shame on the planning board and the concom for not having it put in the proper, safest management. And shame on all of us for not fighting to preserve that entire parcel. Once that geological feature is gone from this town it is gone - never to be had again. Framingham comes through again!!! Oh woe is me :>(. Sadly, Leslee
