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Conservation Issues

• Conservation value of land
• Vernal pool
• Map of wetland/vernal pool
• Right of way to Brickyard Conservation Area
• Scenic views
• Completion of greenway

Development Issues

• Density is a problem
• Traffic Hazards
• Zoning law requirements not met
• Letter to the Editor

Preserve Old Farm Rd. Public Right Of Way

Below are reasons why it is essential that Old Farm Road (i.e. the dirt road on the old Rock Farm parcel that would be eliminated by the proposed condominium development), should be preserved along with public access on that road.

• The public use of this land for more than a half century is important to consider. People now in their 40’s used to run down that road as children to put pennies on the then Rail Road tracks (now the Rail Trail). Hunters used to go shoot pheasant in the conservation fields for decades by going over that Old Farm Road. Skiers regularly travel that road in the winter. (The ZBA’s tour of the land this past winter showed there were cross-country ski tracks following that road.) Hikers, dog-walkers, bird-watchers, and the like have enjoyed using that road for decades. This use by thousands over the years will be lost if the Town does not try to preserve the Old Farm Road.
• Public access should not be conditioned on crossing land not owned by the town since such access might not exist 100 years from now. Mr. Nielsen says no access by the public is needed on the Old Farm Road (which he instead has labeled a “cart path”) since access to the conservation land can be obtained on the Rail Trail. This comment presumes that the Rail Trail will exist forever. It puts the town in a vulnerable position should this portion of the Rail Trail not exist 100 years from now. One never knows what a landscape will look like 100 years from now. The Town should think about the preservation of the Old Farm Road based on the native American saying: “In all our deliberations we must take into account the well-being of the seventh generation to follow.” Considering this, the Town should maintain public access to the conservation land exclusively by Town owned property, since this is the only way to insure permanent access. What if 100 years from now the flooding resulting from the beavers is so extensive that the Rail Trail decides it is not cost-effective to keep open this part of the Rail Trail? What if 50 years from now there is a compelling need for using that corridor for light rail and the State decides to convert it back to train tracks? My point is simply that you can’t predict what the future holds and presuming that the Rail Trail will always exist could leave the conservation land that the Town went to such great lengths to acquire, landlocked with no public access.
• The Brickyard Conservation Area was intended for public use.
  
  Below is an excerpt from a grant application submitted by the Town of Amherst in 1990 to the state’s Executive Office of Environmental Affairs. Amherst was applying for $100,000 in federal funds available under the Federal Land and Water Conservation Fund. As this grant application makes clear, the Brickyard Conservation Area (which is the part of the donated conservation land that is directly across from Mr. Nielsen’s property where the Old Farm Road leads), was intended for public use. The lead agencies on the grant application are listed as the Conservation Department and the Leisure Services Department. The application, which was submitted by the Acting Town Manager at that time, Stan Ziomek, indicated on p. 2, question 13, that the project meets the priority needs as defined in Massachusetts Statewide Comprehensive Outdoor Recreation Plan (SCORP) as follows:

  This project addresses the top two “local planning issues” for the Connecticut Valley region of the Commonwealth (page 94, Volume 1, SCORP) 1) Acquisition and protection of conservation areas and 2) Development and expansion of recreation facilities.
  
  By acquiring the Brickyard Conservation Area the Town will protect a valuable open space, wildlife corridor, and wetland area as well as provide the catalyst to develop an active recreation area on the old landfill site with facilities to include tennis courts – a high priority in terms of recreational opportunities needed identified by SCORP in the Connecticut Valley region.

  The grant application says the project was also to include a handicapped accessible trail for persons in wheelchairs and those with visual impairments, as well as a trail headquarters on the site that would be handicapped accessible. (See p. 3, question 14 of grant application). It is clear from this grant application that public use was not only contemplated for the Brickyard Conservation area, in fact it was one of the principal reasons stated why the federal money should be appropriated.
• Prior Zoning Board of Appeal Special Permits were conditioned on preservation of the Old Farm Road: The prior ZBAs who allowed Special Permits to the prior landowner/developer to develop 25 condominiums on this property had intended that the Old Farm Road be preserved. The most recent Special Permit from February 17, 2000 for Caroline Flower (Jeffrey Flower’s wife, who held title to the land). It states in relevant part: “As shown on the site plan approved by the Board on November 4, 1993, the farm road shall be maintained for use by the holder of the easement.” Clearly at the time of the 2000 ZBA Special Permit, parties agreed that the Old Farm Road was an actual “easement”.
• Preservation of the Old Farm Road would help the sheep farmers: This road has been used by sheep farmers for years to bring their sheep to the field across from Mr. Nielsen’s land every year for grazing (in the Brickyard Conservation Area). The sheep farmers would not be guaranteed access by an easement negotiated specifically for the Conservation Commission. Even if Mr. Nielsen were to offer a new easement that specifically included the sheep farmers, this could still be problematic. If this development is built and the new residents do not know that sheep may be coming down their road several times a year, they may be displeased (since the droppings left by the sheep are very noticeable). They could complain that they were not aware of this ‘nuisance’ and could urge that any sheep access be prohibited.
• The Farm Committee has recommended preservation of the Old Farm Road: Attached is a copy of the February 21, 2006 recommendation of the Farm Committee regarding aspects of this South East Street land. Regarding the Old Farm Road, the Farm Committee stated: “We discussed and voted upon three major areas of concern: Access: Motion: (Wagner) For the landowner (the Town of Amherst) to retain any and all rights to pass and repass over the existing right of way to 18C-80. Seconded: (Ingram) Voted: 5-0 in favor (Cox not in attendance yet) Note: Public access to the conservation land (18C-80) is important and currently uses the right of way through the Nielsen parcel.”

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