Conservation commission approves orders of conditions for Lot 0, Wilbur Ham Road with turtle-protection requirement

A conservation commission member voted Wednesday to accept an order of conditions for Lot 0, Wilbur Ham Road that sets construction limits, requires permanent boundary monuments and GPS coordinates, and conditions work on a turtle-protection plan required by MESA (the project review body). The commission approved the order during a special meeting and directed recording of the order with the Hampden County registry of deeds.

The order authorizes the activity shown on the approved plans and requires that permanent boundary markers be installed along the limit of work. A conservation commission member said the commission will allow large boulders in place of the usual markers provided they “are large enough that they can't be moved” and that each marker include identification or a plaque and GPS locations so the sites can be located in GIS. The commission also required certification in writing by a registered land surveyor or professional engineer that the permanent markers are placed as shown on the plans prior to the start of work.

The commission read language from a Natural Heritage and Endangered Species Program (NHESP) letter and a separate MESA review. The NHESP letter, dated February 13 (file number 24-18545), concluded that the division "has determined that this project as currently proposed will not adversely affect the actual resource area habitat of the protected rare wetland species," the conservation commission member read. The transcript also shows a December 26 letter from MESA finding that part of the project is within habitat of the eastern box turtle and requiring submission of a turtle protection plan; the commission included a condition that MESA's turtle-protection plan be submitted to the commission once approved by MESA.

Other conditions the commission recorded in the order include: limiting stockpiles and construction materials to areas shown on the approved plan or, if none are shown, at least 100 feet from wetland resource areas; prohibition on pumping water from wetland resource areas unless expressly permitted; installation of erosion control upgradient of resource areas; a required pre-activity meeting between the applicant and a commission member; and inspection rights for commission members "at all reasonable times" to evaluate compliance until a certificate of compliance is issued. The order also requires the applicant to file a completed WPA 8A certificate-of-compliance request and a registered professional engineer's compliance letter at project completion.

During discussion, the project consultant, Cole of Arleveque Associates, confirmed the plans show monuments and isolated vegetated wetlands totaling less than one-eighth of an acre. The consultant also agreed to provide the commission with the MESA turtle-plan when it is completed. The commission member who read the order said erosion control must be installed and the commission must be notified at least 48 hours before work begins.

A motion to accept the orders and conditions for Lot 0, Wilbur Ham Road was made and seconded; the commission voted in favor. The commission instructed staff to record the order with the Hampden County registry of deeds and requested proof of recording before work begins.

The commission did not set start dates for construction in the meeting transcript and noted the turtle-protection measures will be developed and submitted separately by MESA. The order as approved ties future compliance to the MESA plan and to the post-construction certificate-of-compliance process.