Conservation commission to seek town attorney’s advice after landowner denies site visit, cites two‑year limit

At its Feb. 18 meeting the Town of Hampden Conservation Commission said it will seek legal advice after a landowner refused a requested site inspection and said a two‑year time limit might bar enforcement. The commission voted to authorize a member to contact the town attorney for an opinion before scheduling any further investigation.

The commission’s report came from member Joe, who told colleagues that Jonathan had reviewed the commission packet and declined the proposed inspection. "He said he had time to look over the packet… and he said that based on all of this, he doesn't think there's sufficient evidence for a site visit," Joe said. Joe also told the panel the landowner said he would involve an attorney if alleged violations were pursued.

Why it matters: the commission is responsible for enforcing local wetlands and buffer protections; a legal opinion will determine whether staff can proceed with an inspection or enforcement steps. Members also raised a separate procedural question: whether a two‑year timeline cited by the landowner applies to the complaints the commission has on file.

The commission said it has retained a wetland scientist to reflag a permanently protected resource area and will conduct field reflagging after snow melt to verify whether clearing or driveway expansion has occurred. Members reviewed satellite imagery indicating the property was vegetated in 2019, showed changes by 2022 and further alterations in 2024–2025; the imagery was presented as the evidence that prompted the site visit request.

The panel debated whether the owner’s reported small‑scale grazing would qualify for agricultural exemptions that allow some activity inside buffers. Members noted that personal, infrequent grazing generally does not meet the commercial‑scale agriculture standard that would allow otherwise restricted work.

A motion to authorize Joe to contact the town attorney for an opinion was made and seconded; the commission approved the motion by voice vote with all in favor. The commission said it will report the attorney's guidance at the next meeting and will schedule any necessary site inspections after snow melt.

Next steps: the commission will await the town attorney’s written opinion, review the wetland scientist’s field flags and imagery, and decide whether to pursue enforcement or other remedies at a future meeting.