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.
WESTFORD CONSERVATION COMMISSION MISSION STATEMENT
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, and acquiring and managing land for the protection of the natural resources and watersheds of the town. The Commission has over 2,100 acres of town owned land in its care and custody, and is also responsible for overseeing compliance with 67 permanent Conservation Restrictions on over 1,700 acres of land. The Commission also has responsibility for overseeing the management of the facilities at East Boston Camps and the Hill Orchard.
The Commission has a full time staff person, Conservation/Resource Planner William Turner, to assist it in its tasks. If you have any questions regarding the Commission’s work, please call Mr. Turner at 978-692-5524.
Conservation Commission Members:
Eric Fahle, Chair
Peter Mahler, Vice Chair
Marilyn Frank
Ann Jefferies
John Cunningham
Jim Gozzo
Robert Boonstra
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 Bill Harman of the Stewards Steering Committee at 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 welcome. If you would like to join, contact Bill Harman (692-3907, harmanwh@comcast.net).
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.
Trail Steward Guidelines and Abutter Relations Policy
These documents can be reached through these links:
Volunteers Sought for Westford Stream Team
The Westford Stream Team is looking for volunteers. They are a local group monitoring the water quality of Westford's brooks since 2005. Their funding comes from the Conservation Commission and Westford Conservation Trust. You may view them in action here, Westford Stream Team.
Contact Kate Hollister at 978-392-6802 or kdemh@comcast.net for more information or to volunteer. All training is provided.
Water Quality Monitoring Equipment available for loan to Westford residents
In 2012 the Conservation Department purchased water quality monitoring equipment in support of volunteer work by the Westford Stream Team.
Residents who wish to borrow the water quality monitoring equipment and supplies should contact the Bill Turner in the Conservation Department, or Mark Warren in the Water Department. Equipment may only be picked up during normal business hours, and up to ten days of advance notice may be needed to arrange for pick-up of the equipment.
The town’s 2010 update of its Open Space and Recreation Plan has been approved by the States Executive Office of Energy and Environmental Affairs. This updated plan was developed by the Conservation Commission and Recreation Commission with the assistance of the Community Opportunities Group (which also assisted in the development of the town’s Master Plan). Conservation/Resource Planner William Turner and Director of Parks & Recreation Department, Pat Savage provided technical support. Public forums were held to solicit citizen input for the plan and town boards and commissions participated in review and comment on drafts of the plan during its progress, and the Conservation and Parks and Recreation Commissions are very appreciative of the efforts of all those who participated.
Development of this plan and its updates is an important part of the Conservation Commission’s functions as established under the Conservation Commission Act. (MGL Ch. 40 s. 8C).
Here are some sections from the Plan:
It provides:
- A review and analysis of Westford’ natural, cultural and recreational resources;
- Goals and objectives for open space and recreation planning;
- A five-year action plan; and
- An appendix containing lists of flora and fauna, a list of permanently protected open space, a list of privately held open space, a list of town-owned recreation facilities, and a Section 504 review of Westford recreation facilities.”
Westford has long valued its natural resources and open spaces, recognizing the fragile nature of these resources without adequate protective measures in place. This conservation legacy has resulted in a community that is blessed with expansive open spaces, quality public drinking water, extensive wildlife habitats, an abundance of passive and active recreational activities, and a serene scenic quality. Despite these efforts, however, large tracts of undeveloped land remain unprotected and vulnerable. Residents recognize the need to continue and expand these conservation efforts to ensure that the resources they value and that ultimately contribute to the town’s quality of life will be protected.
Since the last Plan update “the town has acquired or other wise protected several of its most vulnerable landscapes. Most notable is the purchase of the 287 acre East Boston Camps property. Through this acquisition, Westford was not only able to protect valuable conservation land, natural habitats, and water resources, but will also so be able to create new playing fields on a portion of the site suitable for active recreation.
However, Westford recognizes that growth within its boundaries will continue and that it is imperative that new development be balanced with the need to preserve the town’s valuable open spaces, natural resources and community character. The town also recognizes the importance of providing quality recreational opportunities for all of its citizens. Therefore, this plan identifies goals and an action plan for the town to follow in order to continue preserving its open spaces, natural resources and community character as well as meet the recreational needs of its residents.”
Westford’s 2009 Open Space and Recreation Goals:
- Protection of Westford’ ground and surface water resources;
- Protection and enhancement of the town’s extensive trail system;
- Protection and management of Westford’s remaining open spaces and natural resources;
- Protection of Westford’s unique community character; and
- Management and expansion of Westford’s existing recreational facilities and programs”
Approval of the plan by the state is an important step, as this now qualifies the town to apply for a number of grant programs that can assist it in meeting its goals.
The plan presents background and a framework for planning and decision making regarding the town’s open space and recreation needs. It contains a host of interesting information regarding the Town and its cultural and natural history, and all residents are invited to review it. It is accessible here.
Update of Rules and Regulations for Use of Town of Westford Conservation Lands
At its meeting of March 11, 2009 the Westford Conservation Commisison voted to adopt an updated set of Rules and Regulations for use of Town of Westford Conservation Lands. The revised rules can be accessed here.
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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
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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