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Conservation commission urges Planning Board to keep conservation restriction on 1 Depot Street open space
Summary
At its June 17 meeting the Townsend Conservation Commission said a proposed change that would remove a permanent conservation restriction from roughly 21,000 sq ft of required open space should not be approved without clear, mutually accepted restriction language; the commission agreed to submit short comments and to hold the restriction only upon acceptance of specific terms by the condominium association.
The Townsend Conservation Commission told the Planning Board on Wednesday that it believes a permanent conservation restriction should have been created when the age‑restricted development at 1 Depot Street was approved, and that the commission will only agree to hold such a restriction if the developer and condominium association accept specific, mutually agreed terms.
The commission’s statement responds to a mandatory referral from the Planning Board seeking comment on a proposed modification that would retain roughly 21,000 square feet of open space but remove the requirement that that open space be placed under a permanent conservation restriction pursuant to Massachusetts General Laws Chapter 184, Sections 31–33. Members said the parcel size (less than half an acre) does not eliminate the commission’s responsibility to ensure the open space remains protected and monitored in the future.
Commissioners noted practical concerns about monitoring and enforcement if the commission were to hold another small conservation restriction. "It consumes a lot of resources to maintain the requirements," one commissioner said during the discussion, noting the commission's limited capacity to perform annual inspections on every restricted parcel. Members nevertheless stressed that the restriction provides long‑term assurance that open space is retained for conservation or passive recreation.
After a lengthy exchange about the proposal’s map (showing a hatched area and the limit of clearing) and potential administrative burdens, the commission approved a short comment to the Planning Board. The draft states in substance that the commission believes a conservation restriction should have been created at the project’s inception and that the commission would agree to hold the restriction upon "mutual acceptance of the conditions of the restriction with the condominium association." The commission voted to accept the wording and forward the comment; recorded roll call showed the motion passed with one abstention.
The Planning Board hearing on the modification is scheduled this week; the commission’s vice chair will sign the comment and submit it ahead of that hearing. The commission asked the Planning Board (and the developer) to provide the proposed restriction verbiage for review before any final decision.
Next steps: the Planning Board will take public comment at its scheduled hearing on the modification. The Townsend Conservation Commission will monitor the Planning Board’s action and follow up if the restriction language is provided for review.
