Berkshire Road Land Purchase–

Council Agrees To Secure 12-Acre Parcel, Trout Breeding Area

By John Voket

After hearing strong opposition from resident Ruby Johnson, who dismissed a proposed public land purchase on Berkshire Road as a “waste of taxpayers’ money,” the Legislative Council was swayed to support the 12-acre acquisition by town conservation official Rob Sibley.

The transaction to protect the land at 300 Berkshire Road, currently owned by Ralph Loveland, represents the second major open space acquisition involving the Trust For Public Land in recent months. The TPL was also instrumental in helping secure a conservation easement to protect a vast area of the Ferris Farm in Dodgingtown late last year.

According to Mr Sibley during his appeal to the council, there are two grant opportunities available to help underwrite up to the full purchase price of $305,000. If the first grant is not delivered in the full amount, then a subsequent grant would cover a significant portion of the purchase.

He said in the case of the second grant, from the state division of fisheries of the Department of Environmental Protection, the parcel is “a poster child for this type of reimbursement.”

Both grants would include surplus funds to construct a small parking area adjacent to the public access point to the parcel, to encourage visitors to explore the heavily wooded area, and to take in what Mr Sibley described as a pristine local brown trout breeding area. Identifying the proposed lot as a “parcel of special concern,” the conservation official described the unique threat development of the parcel could pose.

“This is one of the highest quality water streams in town,” he said, adding that the parcel incorporates 1,200 feet of frontage along the river. But the fine layer of soil over the bedrock covering most of the parcel would be fully compromised if the land was purchased for development.

“If disturbed, the soil will wash into the stream and the stream becomes compromised,” he said, referring to any level of clearing of mature forest area to accommodate development. Mr Sibley further described a scenario where, if sold for a residential lot, the eventual owner could legally clear the entire parcel of all wooded cover.

“And neither the wetlands commission nor the town could lawfully stop them,” he said.

Mr Sibley said the owner of the parcel approached the town in 2006 with the idea of selling part of the parcel for conservation.

The parcel would be acquired immediately by the TPL and held until such time that a grant is delivered, Mr Sibley explained. If neither grant comes to fruition, than the full amount authorized by the council would cover the ultimate acquisition, which would be transferred to the town by the trust.

Prior to voting, the council stipulated Mr Sibley and the TPL reserve the first right of refusal on an additional four acres on which the owner currently resides. Joseph Hovious, representing the town conservation commission, said the Berkshire Road acquisition would have some contiguous connection to other open space parcels located across the river at the north end of the land under consideration.

Since the owner and the TPL are prepared to move quickly, likely within the next 30 days, the trust only requires a Yes vote on the part of the council to commence its work on the transaction. While Mr Sibley said the town will pay up to a $15,000 “holding fee” to the TPL, the trust will cover all title and legal costs up front to secure the parcel.

The conservation official showed council members numerous photos of the area he took while inspecting the parcel with his young son.

“I see this as the ultimate opportunity to pass an important resource on to the next generation,” Mr Sibley said before the council moved the proposal on a unanimous voice vote.