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Trustees to seek tenant farmer for Chestnut Hill Farm; commission reasserts duty to enforce conservation restriction

January 02, 2025 | Town of Southborough, Worcester County, Massachusetts


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Trustees to seek tenant farmer for Chestnut Hill Farm; commission reasserts duty to enforce conservation restriction
Trustees of the Chestnut Hill property told the Town of Southborough Conservation Commission they plan to recruit a tenant farmer and expect to issue a request for proposals this winter, a move trustees staff said is intended to restore active agriculture at the site.

At the meeting, Commissioner Ben reported from a recent Deerfoot Barn meeting hosted by the trustees and said trustees expect to seek a professional tenant farmer rather than operating the farm themselves. Commissioner Ben said the trustees are working with Land for Good, a nonprofit that connects farmers and landowners, and that the trustees plan to prepare a prospectus and may share a draft request for proposals with the commission and Sudbury Valley Trustees before issuing it publicly.

Commissioners welcomed the approach and noted potential advantages such as on-site housing for a tenant and the trustees’ ongoing stewardship of hedgerows and pollinator areas while agricultural operations are phased in.

Conservation restriction enforcement
The commission also discussed competing views about enforcement of the property’s conservation restriction (CR). Commissioner Ben said he spoke with Al Hamilton and with town counsel and relayed a claim — as reported by a meeting attendee — that “there are no CR police” and that the town could choose not to enforce parts of the restriction without penalty. Ben said he had also met privately with Pam Estes, a member of the Beals family, who said the Beals negotiated the CR and expected the town to enforce it in good faith.

Commission members responded that the conservation commission is the local steward and has responsibility to uphold the CR. Commissioner Ben cautioned that if the town failed in a duty to enforce the CR, enforcement could fall to other stakeholders with legal standing and result in litigation; he cited a past local case in which abutters pursued legal action and incurred large legal costs. Commissioner Ben told the commission he would be willing to meet with town counsel and report back if the commission wanted further clarification.

Farm dump stabilization and testing
Separately, staff provided an update on the former farm dump stabilization work: temporary winter stabilization measures will be completed next week, and staff are working with the contractor and TRC to choose either straw or a tackifier for final winter stabilization; the tackifier would reduce costs by about $6,000 but staff must ensure it will not affect planned groundwater sampling. Staff reported that samples taken so far returned no reportable contaminant levels and that a stabilization and restoration plan is expected for review in late January to mid-February, with planting and restoration work planned for spring.

Commissioners requested copies of trustee documents when they are prepared and reiterated the commission’s role as steward of the conservation restriction.

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Scribe from Workplace AI
Scribe from Workplace AI