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Conservation commission urges halt to gravel removal at 19 Kiddos Road; Selectmen to review chapter 97 issues

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Summary

The Conservation Commission asked the Selectmen to stop gravel extraction and review the status of town-owned land at 19 Kiddos Road, noting the parcel is subject to Mass. Gen. Laws chapter 97 (town forest) and not intended for mining or dumping.

The North Brookfield Conservation Commission on Jan. 28 asked the Board of Selectmen to review historical uses of a town-owned parcel at 19 Kiddos Road and to halt gravel removal, citing Mass. General Laws chapter 97 and prior town votes that designate certain parcels as town forest.

A letter read at the Selectmen's meeting stated the parcel was deeded to the inhabitants as part of Old Brookfield in 1923 and that several parcels were voted into town forest status, subject to the 1913 acts and chapter 97. "Such public domain shall be devoted to the culture of forestry or the preservation of the water supply," the letter quoted. The commission said uses do not include gravel or soil removal or use as a dump site.

Selectmen asked staff to take the commission's letter under advisement and to investigate. A town official noted a similar case in another town resulted in a DEP fine after extraction from chapter 97 property. The board indicated it will look into the property's history and applicable legal constraints and return to the issue at a future meeting.

The discussion also touched on record research showing gravel removal began by 1982 and that town reports do not show clear authorization for extraction. The board did not take immediate action beyond agreeing to review the matter and to seek legal or administrative guidance.

Next steps: Selectmen will investigate the parcel's legal status, consult with the building inspector/zoning enforcement officer as needed, and consider town counsel advice before any policy or enforcement action.