Chestnut Street and Eliot Street

Transcription

1 BASELINE DOCUMENTATION REPORT and LAND MANAGEMENT PLAN Massachusetts Executive Office of Energy and Environmental Affairs Local Acquisitions for Natural Diversity (LAND) Grant Program Property name: Warren Woods Municipality: Ashland Date acquired: June 5, 2012 Registry: Middlesex South Book/page: Book: Page: 246 LAND #: 1 Date of report: July 2, 2012 Property location: Size: Chestnut Street and Eliot Street acres Interest held by city/town: Fee Other interest holders: None

2 Table of Contents Section I: Property Information 1. Property description 2. LAND grant program regulations 3. Legal protection 4. Contact information 5. Land Use and Management Plan (if fee owned by town) and/or Copy of Conservation Restriction (if CR) or Section II: Maps 1. Resource map 2. Monitoring map Existing Encroachments 3. Monitoring map Stewardship Actions Section III: Site Visit Report 1. General information 2. Current property conditions 3. Boundary conditions Section IV: Photographs 1. Photo location map 2. List of photographs 3. Photographs Section V: Amendments Section VI: Signatures Warren Woods Baseline and Management Plan Page 2

3 Section I: Property Information I.1. Property description The Warren Woods property, located at Chestnut Street and Eliot Street, Assessors map 28, Lots 70 and 72, is owned by the Town of Ashland, under care and control of the Conservation Commission, for the purposes of conservation and passive recreation, in perpetuity. It was recorded on June 5, 2012, in book page 246 in the Middlesex South Registry of Deeds. I.2. Local Acquisitions for Natural Diversity (LAND) grant program regulations This property is permanently protected open space, for conservation and passive recreation only. It is subject to the standards and guidelines in 301 CMR 5.00: Self-Help and Urban Self-Help Programs, of the Division of Conservation Services, Executive Office of Energy and Environmental Affairs (EEA). Excerpted here are some of the major points: (4): Under the care and control of the Town of Ashland Conservation Commission (1): The property must be used at all times for open space conservation and passive recreation purposes only, in accordance with MGL Ch. 132A, Sec (1): The property is permanently protected under Article 97 of the Massachusetts Constitution, and may not be converted to other uses. Municipalities must pursue all feasible alternatives to conversion of grant-funded land. If conversion is finally determined to be the only possible choice, all of the following must occur: municipal approval of the conversion; a two-thirds majority vote of both houses of the state legislature; replacement of the land with new conservation land that is of equal or greater fair market value at the time of conversion, and of equal or greater acreage, ecological value, and usefulness, to be approved or disapproved by the Secretary of EEA (2): If this property ceases to be used in whole or in part for conservation and/or passive recreation purposes, all interest in the property shall revert to the Commonwealth, unless the Secretary demands specific performance of the grant contract. The Town of Ashland Conservation Commission must notify the Secretary of EEA of a change or potential change to an inconsistent use, or, the Secretary of EEA may notify the Conservation Commission that an inconsistent change in use has occurred. The Conservation Commission has 90 days to rectify the use to the satisfaction of the Secretary, or it will revert to the Commonwealth (2) and (3): Open to use by all members of the public without discrimination (1): In accordance with the LAND program regulations, the Town of Ashland Conservation Commission may impose reasonable limits on the type and extent of use of this area and facilities acquired, as necessary for maintenance or preservation. Warren Woods Baseline and Management Plan Page 3

4 - 5.06(1): Off-street parking may be required - No private enterprise may occur on properties for which the fee simple or encumbered fee is owned by the municipality, except that which contributes to and does not conflict with appropriate public use and benefit. - Structures are prohibited on properties for which the fee interest is owned by the municipality, except those that further conservation or public passive recreational use of the property. I.3. Legal protection Through receipt of funding through the LAND grant program, this property is permanently protected under Article 97 of the Constitution of the Commonwealth of Massachusetts. - Ch. 132A, 11 Act establishing the Self-Help (now LAND) grant program - Ch. 40, 8c Authority of conservation commissions to hold land for conservation purposes - Article 97 Prohibits conversion of the property from conservation and recreational use - LAND Project Agreement Prohibits conversion of the property from conservation and recreational uses. Requires mitigation in the event of conversion. Requires appropriate public access. Recorded with deed. I.4. Contact Information Provide contact information for property monitor or manager, landowner (if CR), and any other people or organizations involved in the property. Name (organization) Title (eg. property monitor) Mailing address Phone Matthew Selby Director of Community Development/Conservation Agent 101 Main Street Ashland MA x656 Ashland Conservation Commission Ashland Conservation Commission 101 Main Street Ashland, MA x656 Land Stewardship Committee To be appointed by Conservation Commission in near future 101 Main Street Ashland, MA x656 Warren Woods Baseline and Management Plan Page 4

5 I.5. Land Management Plan If the municipality acquired a Conservation Restriction (CR) with the LAND grant, use the CR to help you fill out the Management Plan section below. Purpose: The purpose of the Warren Woods acquisition was to protect the parcel for land conservation, historic preservation, environmental education and passive recreation, including trailbased and wilderness activities. Warren Woods contains a trail system that has been used over the years for walking, hiking, horseback riding, running, snow-shoeing, cross-country skiing, and bird watching. All LAND-funded properties must provide access to the general public for passive recreational activities. The specific subset of permissible passive activities varies from project to project and is described here. Permitted public activities: Note: These should be posted at the property entrance(s). walking, hiking Nordic skiing, snowshoeing horseback riding bicycle riding on designated trails picnicking non-motorized watercraft camping hunting fishing gardening/agriculture swimming Prohibited public activities: Note: These should be posted at the property entrance(s). motorized vehicles (except those necessary for maintenance) fires swimming horseback riding gardening/agriculture bicycle riding off designated trails alcohol hunting entry after dark fishing organized group activities collection of plants/animals/soil/rocks commercial activities unleashed dogs Other Other Other Additional comments on use of this property: Warren Woods Baseline and Management Plan Page 5

6 Without permission of the Conservation Commission, it is forbidden to: Be in or on conservation land between the hours of ½ hour after sunset and ½ hour before sunrise. Remove, cut or damage any flowers, plants, shrubs, trees or rocks. Build or place any permanent or temporary structures. Organize a group activity on the conservation land. Engage in any commercial activity on the conservation land. Park a motor vehicle except in designated parking areas. It is forbidden to: Commit any disorderly action, or disturb the peace, or conduct oneself in such matter as to interfere with the rightful enjoyment of the public upon these grounds. Possess, be in control of, or be responsible for more than three dogs per person. Discard litter except in designated receptacles or post, paint, affix or display any sign, notice, placard or advertising device. Dump materials of any kind. Structures: Dam any stream. Structures that do not contribute to the conservation Structure Description Intended use Fence 193 Prospect St. 4 chain link fence Existing encroachment Shed 193 Prospect St. 8 x10 shed Existing encroachment Shed 191 Prospect St. 8 x12 shed Existing encroachment Fence 177 Prospect St. 4 chain link fence Existing encroachment Shed 177 Prospect St. 8 x10 shed with Existing encroachment pool equipment Shed 177 Prospect St. 8 x12 shed Existing encroachment Shed 171 Prospect St. 8 x12 shed Existing encroachment Shed 77 & 73 Eliot St 12 x20 shed Existing encroachment Fence 73 Eliot St. 4 wire fence Existing encroachment Fence 73 Eliot St. 6 stockade fence Existing encroachment Fence 65 Eliot St. 4 wood fence Existing encroachment Known stewardship issues: Managing invasive species (Asiatic bittersweet, Japanese barberry and buckthorn in particular); trail maintenance, way-finding and mapping; open fields are being overgrown with woody vegetation; addressing existing encroachment by abutters on Prospect Street and Eliot Street, including the placement of sheds with electricity, fences and dumping of yard waste and other debris; monitoring and preventing future encroachment from abutters. Warren Woods Baseline and Management Plan Page 6

7 Stewardship plans: See the Monitoring Map Stewardship Actions for more details on the following: Install sign pointing to trailhead from the Warren Woods parking area into the 101 acre conservation area. Install boundary signs along entire perimeter of property, no fewer than one bound every 200 feet, with particular attention paid to areas of existing encroachment. Install sign at red building/parking area identifying such as parking for Warren Woods access. Install sign listing prohibited uses. Create map of existing trails and determine potential new trail connections and expansions. Remove invasive species with particular focus on Asiatic bittersweet vines, Japanese barberry and buckthorn. Maintain field habitat with annual mowing of all fields to prevent forest succession. Where trails traverse through wetlands, install foot bridges where needed to protect resource areas from erosion. Active forest or agricultural management plans: Harvesting of sawtimber or other forest management should be conducted only in consultation with a licensed forester and preparation of a Forest Management Plan for long-term objectives. None exist. Creating a forest management plan is a stewardship goal. Warren Woods Baseline and Management Plan Page 7

8 Section II: Maps II.1. Resource map Warren Woods Baseline and Management Plan Page 8

9 SuAsCo Legend Warren Woods, Ashland 0 1,250 2,500 5,000 Feet 0 µ CHARLES WarrenWoods NewPropertyLine Major Basins DEP Approved Zone IIs FEMA2010 FLD_ZONE 0.2 PCT ANNUAL CHANCE FLOOD HAZARD A AE WetlandsDEP2006 Description OPEN WATER SHALLOW MARSH MEADOW OR FEN SHRUB SWAMP WOODED SWAMP DECIDUOUS jk DEEP MARSH NHESP Certified Vernal Pools (Ashland) Parcel Owners TOWN LINE

10 II.2. Monitoring map: Existing Encroachments Warren Woods Baseline and Management Plan Page 9

11 Town of Ashland

12 II.2. Monitoring map: Stewardship Actions Warren Woods Baseline and Management Plan Page 10

13

14 Section III: Site Visit Report III.1. General information Date of inspection: June 18, 2011 and June 26, 2012 Time spent on property: 7 hours and 2 hours People present: Name: Matthew Selby, agent Gene Crouch, member Affiliation: Ashland Conservation Commission Ashland Conservation Commission III.2. Current property conditions Note: This section may summarize some provisions of the CR or Management Plan. The entire CR document must be read in order to understand its terms. A. Conditions of the property relevant to the purpose of this project: Project purpose Condition Photo Passive recreation Wetlands conservation Habitat preservation There is an existing network of trails throughout Warren Woods that are used for hiking, biking, cross-country skiing and other passive recreation purposes. Warren Woods represents approximately ¼ of the land within Ashland that lies inside the Charles River Watershed. Intermittent streams and associated wetlands fall under the jurisdiction of the Wetlands Protection Act and Ashland s Wetlands Protection Bylaw. The existing trail network intersects wetlands in many locations throughout the property. Warren Woods includes several fields that will need regular mowing to prevent forest succession. The open fields are habitat for a number of wildlife species. 25, 29, , 27, 28 Warren Woods Baseline and Management Plan Page 11

15 B. Conditions of the property relevant to Permitted and Prohibited Uses: Activity Condition Photo Permitted Trail based activities There is an existing network of wide trails throughout the property 25, 29, 30 Wildlife observation The stewardship plan includes removing invasive species and reclaiming and maintaining open fields. Fields are being over run with buckthorn and other invasive species that will require 26, 27, 28 Prohibited Structures Hunting There are several properties along Prospect and Eliot Streets that have encroached on Warren Woods with fences, sheds and lawns. Evidence of hunting remains on the property, including these permanent tree stand steps that were screwed into this large white pine tree C. Additional remarks regarding the present condition of the property: 8, 10, 11, 12A, 13 31, 32 III.3. Boundary Conditions A. Do the boundaries on the ground clearly correlate to the legal description found in the CR document or property deed (i.e. can you follow the boundary after reading the description)? If not, how did you locate the property boundary? Yes, we easily found the boundary using the legal description in conjunction with a GPS unit. B. (If CR): Are portions of the property which are excluded from the Restriction marked or otherwise evident on the ground? N/A C. Describe the condition of the boundary markings at all other points (i.e. stone wall, flagged, signed, unmarked): There are many different angles and points along the property line. Some have drill holes in stones that are part of stone walls, but most are points that must be located by survey or with GPS. See survey for locations of drill holes. Warren Woods Baseline and Management Plan Page 12

16 D. Describe the use of abutting properties, focusing on uses close to the boundary line: To the west, the property abuts land owned by the Town (parcel A-2) where parking and access to Warren Woods are located. To the south, the property abuts undeveloped land owned by Northeastern University. To the east, the property abuts single family residential homes along Prospect Street, many of which have encroached on the conservation land. To the north, the property abuts three single family homes on Eliot Street, and Eliot Street itself. E. Any other comments on boundaries? There are encroachments along the east and north boundaries that need to be addressed. Encroachments include sheds placed in part or in whole on the conservation land, fences on conservation land, conservation land being maintained as lawn, and dumping of yard waste and other debris on conservation land. There are 14 residential abutters to the property and most have encroached on Warren Woods in some fashion. Warren Woods Baseline and Management Plan Page 13