The Conservation Commission is the Town body responsible for protecting Westford's natural resources. It is also responsible for the administration of the Massachusetts Wetlands Protection Act and Westford's Wetlands Bylaw.
The Commission’s chief responsibilities are administering the State Wetlands Protection Act and local non-zoning wetlands bylaw, which primarily entails review of projects proposed to take place within 100 feet of wetlands to protect the important benefits and resource values provided by wetlands. The Commission is also responsible for acquiring and managing land for the protection of the natural resources and watersheds of the town. The Commission has over 1,700 acres in its care and custody, including the recently acquired East Boston Camps property.
The Commission has a full time staff person, Conservation/Resource Planner William Turner, to assist it in its tasks. If you have any questions at all regarding the Commission’s work, please call Mr. Turner at 978-692-5524.
NOTICE OF CHANGE OF CONSERVATION COMMISSION MEETING SCHEDULE
Due to holiday conflicts the Conservation Commission has revised its meeting schedule for the months of October, November and December 2008. Instead of the regular meeting on the 2nd and 4th Wednesday of the month, the revised schedule for those months will be as follows:
Wednesday, October 15, 2008, 6:30 P.M. - 10:30 P.M.
Wednesday, October 29, 2008, 6:30 P.M. - 10:30 P.M.
Wednesday, November 12, 2008, 6:30 P.M. - 10:30 P.M.
Wednesday, December 3, 2008, 6:30 P.M. - 10:30 P.M.
Wednesday, December 17, 2008, 6:30 P.M. - 10:30 P.M.
Land and Trails Stewardship
The Conservation Commission and the Westford Conservation Trust together have organized the Westford Land and Trails
Stewards to take care of the conservation land in town. The Stewards regularly monitor conservation land areas to be aware of
current conditions, and particularly to ascertain whether the land is being respected as it should be. The Stewards also maintain
trails to keep them from getting overgrown.
Townwide there are about 50 stewards, each taking care of a particular area. Others are welcome to join at any time, which can
be done by contacting any of the three members of the Stewards Steering Committee: Kate Hollister (392-6802), Frank Winters
(692-4555), and Bill Harman (692-3907).
Tuesday Morning Group. Currently a group of Stewards goes on organized trail projects regularly on Tuesday mornings. As an
example, in November the group worked on a flooded area at the north end of Greystone Pond. They made two bypass trails over
higher ground so walkers can now walk around the entire pond on dry land. These fresh-air projects are fun and everyone is
Dumping. In some cases Stewards have found dumping of leaves and/or grass clippings on Conservation Land, although that is
prohibited. Some people may ask why dumping of leaves or clippings is not permitted. Although these are natural materials, they
would change the ecology of the land and spoil the natural conditions, which are the main purpose of Conservation Land.
Dumping of leaves, etc., would also impair the attractive, natural conditions of the land, and degrade the appearance of the
neighborhood. For land under Conservation Restriction, the most direct reason for the restriction on dumping is simply that it is
explicitly prohibited in the Conservation Restriction as recorded in the Registry of Deeds.
Trails. Maps of trails in Westford can be found at the following internet address.
The overview page provides a direct way of seeing about 20 trail maps of individual areas. An overall map of the entire town can
also be seen by clicking "Trail system map" at the bottom of the page. These maps are from the trail booklet issued by the
Conservation Trust. Copies of the trail booklet are for sale at Roudenbush for $5.00. A new edition is prepared approximately
every year, and usually some additional trail maps are included. Everyone is welcome to submit a new map and/or text for a
favorite trail which will then be included in the next edition of the booklet.
HILL ORCHARD FARM STAND NOW OPEN FOR THE 2008 SEASON
The Town's Hill Orchard Farm Stand, located at 4 Hunt Road, is now open for the 2008 Season. Apple season is now in full swing. The stand is operated by Anthony and Fenella Levick of Troy, New Hampshire.
The Farm Stand will be open Wednesday through Sunday from 10:00 A.M. to 5:00 P.M.
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A Petition was filed for Warrant Articles for 2008 Annual Town Meeting in May to repeal the local non-zoning wetlands bylaw and regualtions. The Board of Selectmen and the Conservation Commission unanimously voted NOT to support these petition articles. Town Meeting voted to dismiss these articles.
The Commission offers the following information to provide some understanding of the value and sensitivity of the wetlands and the importance of the bylaw for their protection.
The proponents of the repeal of the bylaw hired consultant Jerome B. Carr, Ph. D., who has submitted materials to the Commission regarding the issue. The Conservation Commission requested the Massachusetts Association of Conservation Commissions to review the submitted materials. Their response may be accessed here.
Westford’s Wetlands Protection Bylaw: What it Protects and Why it is Important
Wetlands are not wastelands
In the past wetlands were mistakenly regarded as “wastelands” of mud and mosquitoes or simply as obstacles to economic development. However, scientific studies have shown that wetlands protect our health, safety and property, as well as provide habitat for a variety of wildlife. In response to this in 1972 the State of Massachusetts passed the State Wetlands Protection Act and gave the responsibility of administering the act to town Conservation Commissions.
Why are Wetlands important
Wetlands provide many vital functions that benefit our entire community, such as:
Flood Prevention: Wetlands temporarily store flood waters. Like sponges wetlands hold excess water within their boundaries and then slowly release the water back to rivers, ponds and groundwater sources. The delaying action prevents flood water from rapidly rising and threatening lives and property. Think of the damage inflicted on New Orleans by Hurricane Katrina after years of systematically damaging the wetlands systems that used to protect and maintain the city,
Protection of groundwater and public and private drinking water supplies(aka wells): Wetlands are natural water filters. Wetlands plants and soils remove pollutants and toxic substances from water
Maintain flow in rivers and streams, especially during the summer,
Provide habitat for diverse plant and animal communities; support fishing, canoeing, swimming, hunting, and other recreational activities.
What the State Wetlands Protection Act and the Westford Wetlands Bylaw Protect
 The State Wetlands Protection Act establishes a “Buffer Zone”* around all wetlands listed in the Act giving Conservation Commissions regulatory authority over anyone proposing construction activity within 100 feet of a wetland and 200 feet of a river. Conservation Commissions work to ensure that any proposed work will not adversely affect wetlands and streams. Many towns, in applying the State Wetlands Protection Act to local development proposals, have found that
the law does not protect all types of wetlands, or environmentally sensitive areas near certain wetlands.
As shown in the graphic over half of the 351 towns in the Commonwealth and almost all of the towns inside of 495 have enacted local Wetlands Bylaws, including Westford. The Westford Wetlands Bylaw is working well. It has been in place for nearly 20 years. Since its implementation, over 1400 filings have been made under it and only 3 filings were denied. This means more than 99.8% of filings under the Bylaw have been approved. The Conservation Commission is committed to working with applicants while trying to achieve the best protection possible for the wetlands.
A Comparison of some of the Differences Between the State Wetlands Protection Act and the Westford Non-zoning Wetlands Bylaw:
State Wetlands Protection Act
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Westford Wetlands Bylaw
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Why do we need Westford Bylaw?
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Septic system leach fields may be located within 50 feet of wetlands with other system components allowed even closer |
Septic system leach fields and all other system components must be located more than 100 feet from wetlands.
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Diminishes possibility of contamination if a system fails.
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Notification to abutters of only Notice of Intent filings with a number to call for information.
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Notification to abutters of all filings with complete information as to time, location and nature of the filing.
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Provides more information for abutters and ensures public opportunity to voice concerns about flooding, erosion and other impacts.
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No required setbacks** -which means work can occur right next to the wetland.
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Specific setbacks are clearly established and depend on how disturbed the land already is (lawn, plantings vs. naturalized).
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Vegetated buffer zone removes pollution, slows down runoff, reduces erosion and provides wildlife corridors.
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Can fill up to 5,000 sq.ft. of wetlands
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Allows filling of wetlands only to provide access to a buildable portion of a property when no upland access is available.
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Reduces unnecessary filling or alteration of wetlands
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Certified Vernal Pools and isolated wetlands are not protected when they are not in a larger wetland.
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All vernal pools and isolated wetlands are protected.
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Species that can only exist in fish free vernal pools may become extinct
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Violations are enforced through a civil litigation or a District Attorney’ criminal complaint
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Issues fines in a simple non-criminal misdemeanor process.
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Civil litigation and DA criminal complaints are a lengthy and costly process for the Town.
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* The “Buffer Zone” is the area within 100 feet of wetlands within which it has been determined that certain types of work can adversely affect wetlands. Not all work is prohibited in a buffer zone, but will in most instances require an application for a permit to assure that the public interests provided by the wetlands are protected.
** A “Setback” is the minimum distance work or a structure must be located from a wetlands.
Preserving Wetlands is in the Public Interest
Preserving wetlands from development or from being harmed by nearby development is very important. No town can afford to ignore the protection of its resources. The Westford Wetlands Bylaw helps protect the natural quality of Westford for all of its citizens. It is particularly important because Westford derives all of its water supply from within its own boundaries, and much of it from shallow public wells. It is well known that towns like Westford, which preserve and protect their natural resources, are more desirable places to live. With the price of land in Westford so high, the pressure to develop parcels which in years past were thought to be undevelopable is huge. There is a high economic incentive for developers to dispute any law which is perceived as limiting the availability
of a lot, the size of a house or the number of lots that can be developed in a subdivision. Developers would have the very protective bylaw that makes their land in Westford so valuable, not apply to them so that they can reap a short-term profit. We think that these pressures must be recognized for what they are and resisted in order to preserve the Westford that we all love.
Thanks to the Ashland Conservation Commission for their assistance with some of the prose in this document.
The Conservation Commission has also submitted the following letter to theWestford Eagle regarding the proposed repeal of the non-zoning wetlands bylaw:
To the Editor, Westford Eagle
Re: The Importance of Westford Local Non-zoning Wetlands Bylaw
A Petition has been filed for a warrant article for Annual Town Meeting to repeal the local non-zoning wetlands bylaw. The Board of Selectmen and the Conservation Commission have unanimously voted not to support this petition article. The Commission offers this information to provide some understanding of the value and sensitivity of the wetlands and the importance of the bylaw for their protection.
In the late 1980’s, faced with unprecedented growth, the Town of Westford voted to adopt the non-zoning wetlands bylaw. Experience had shown that the State Wetlands Protection Act was unable to adequately protect the edges and areas adjacent to wetlands which science has shown are critical to protecting water supplies and wildlife habitat and fisheries and preventing flooding. Additionally, a large number of smaller wet areas that provide the same values as wetlands as those described under the State Act were excluded from protection by the limited definitions under the Act. Wetlands are the source of water supplies and Westford obtains all its water from within its own boundaries. The survival and health of its wetlands are synonymous with the survival and health of the Town.
The State Wetlands Protection Act did not provide adequate resources for review and oversight of large projects, which became more critical as the easy land to develop was used up and building was proposed on more and more marginal land. Public hearings on major projects were dominated by neighbors to these proposals who had serious concerns regarding impacts to their water supplies and the potential for increased flooding. The local non-zoning bylaw allowed the Commission to obtain from the developer the necessary resources to properly review and oversee their projects and protect neighboring properties.
Under the State Wetlands Protection Act enforcement by a local Commission starts with issuance of an Enforcement Order, but there is no penalty attached to it. A difficult process of filings with the District court system is necessary to try to compel compliance by scoff-laws. Prior to adoption of the local non-zoning wetlands bylaw and it authorization to issue non-criminal fines (like parking tickets) developers routinely ignored permit requirements with resulting erosion into and contamination of wetlands.
A majority of the Towns in Massachusetts, primarily those in eastern Massachusetts where development has been concentrated, have seen the importance of such a statute and have adopted local non-zoning wetlands bylaws similar to Westford.
The proponents of the repeal of the local non-zoning wetlands bylaw have begun to circulate bad information about it, produced by a consultant who has little experience with the bylaw. The local non-zoning wetlands bylaw does not hinder development. Literally thousands of new dwellings and well over a million square feet of commercial/retail space has been permitted under the bylaw. Of 1,400 filings since the local non-zoning wetlands bylaw was implemented in 1989, the majority of which are actually for homeowner projects such as additions and other improvements, only 3 have been denied.
The local non-zoning wetlands bylaw has been a major tool in bringing about goals of the Town’s Master Plan in preserving and protecting its natural resources and community character, standards that make Westford a desirable place to live in and which support its property values. Its loss would mean a diminishment of those resources, community character and property values.
You can learn more about the Westford Non-zoning Wetlands Bylaw at the Conservation Commission page at the Town of Westford website www.westfordma.gov
NOTICE OF TEMPORARY OFFICE RELOCATION
Due to the closing of Town Hall the Conservation commisison Office has been temporarily relocated to the Highway Department building at 28 North St. The office may still be contacted through the same phone number (978-692-5524) and email address: bturner@westfordma.gov
NOTICE OF MEETING LOCATION CHANGE
Due to the relocation of Town Hall personnel to temporary quarters at the Rogers Fire Station the location of Commission meetings has been moved to Conference Room A of the Millenium School at 23 Depot St. The starting time of 7:30 P.M. remains the same.
EAST BOSTON CAMPS IS NOW UNDER THE CARE AND CUSTODY OF THE CONSERVATION COMMISSION
Following approval of the state legislature and the Governor, as of the week of March 3, 2008, care and custody of the East Boston Camps property has been officially conveyed from the Board of Selectmen to the Conservation Commission. Please direct any inquiries to: Westford Conservation Commission, 55 Main St., Westford, MA 01886, or call Conservation/Resource Planner William Turner at the Commission office at 978-692-5524 or email at bturner@westfordma.gov.
Hill Orchard
The Conservation Commission is now responsible for the Hill Orchard and Farm Stand located on Hunt Road and Chamberlin Road. Details here.
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