Legal Constraints

An agricultural preservation restriction (APR) on part of the property at the Keep Homestead Museum, wetlands and priority habitat of rare species on both properties may require permitting for trail development.

a gri C ul T ural l and

As part of the process of acquiring the Keep Homestead Museum property from the previous owner, Myra Moulton, the Town agreed to preserve part of the Keep Homestead Museum land as open space in perpetuity, and the other part as agricultural. The hay and meadow fields at the Keep Homestead Museum are part of an Agricultural Preservation Restriction (APR) Program which established a permanent deed restriction that preserves the land for agricultural uses. Approximately fifteen and a half acres located on the southwest side of the property are under this APR program, and part of this land is maintained as hayfields by a neighboring farmer. One of the farm fields under the APR Program, as indicated by a 2010 APR monitoring report, is brush-hogged once a year. Additionally, adjacent to the Keep Homestead Museum’s parking lot is a vibrant community garden.

Non-agricultural as well as certain agricultural uses may require a Certificate of Approval (COA) from the Massachusetts Department of Agricultural Resources (MDAR). According to MDAR:

“Changes in agricultural structures or activities require a COA. Unless otherwise stated in your APR agreement changes:

• Cannot result in impervious surfaces greater than five acres or five percent of the APR land, whichever is less, and if the APR agreement has a more stringent requirement, it will prevail

• Must minimize, to the fullest extent possible, the loss of agricultural soils

• Must not interfere with agricultural operations and will preserve, maximize, and realize the agricultural potential of the APR land, and in addition, improve future agricultural operations” (MDAR).

Though the APR agreement for the Keep Homestead Museum explicitly states that existing trails may be maintained, it does not mention the creation of new trails.

It is likely that creating an all-persons trail that starts at the Keep Homestead Museum may need a COA due to the steep slopes near the parking lot and the buildings of Keep Homestead Museum. A COA might be needed for the development of any new trails that takes land out of agricultural use, a new parking lot, the location of future new trails, trails with impervious surfaces, or for implementing an initial portion of an all-persons trail adjacent to the current parking lot.

w e T land r es T ri CT ion

At Flynt Park, a wetland sits along the western property line and another one is near the peak of Mount Ella. At the Keep Homestead Museum, a wetland is located close to the Keep Homestead Museum building. Wetlands serve as an important breeding habitat for certain wildlife including frogs and salamanders, and can also help mitigate floods and erosion by serving as catchments.

Any work done within a 100-foot buffer of a wetland would require a permit from the Town's Conservation Commission. Additionally, boardwalks and bridges might be needed for accessibility, and to mitigate human impact along these wetland environment, which would also require permits.

v ernal P ool r es T ri CT ion

A vernal pool is located near the top of Mount Ella at Flynt Park, and on an a former quarry site on the southwesern part of the Keep Homestead Museum property. Vernal pools can go unnoticed due to seasonal wetness but serve an important ecological habitat for several species.

Trail work near vernal pools may need to file a Request for Determination of Applicability with the Town of Monson Conservation Commission to see whether the vernal pools at Flynt Park and the Keep Homestead Museum receive the same protections as wetlands under the the Massachusetts Wetlands Protection Act.

P riori T y h abi T a T s of r are s P e C ies

The Massachusetts Endangered Species Act (MESA) protects rare species and their habitats, and both properties are delineated as priority habitats of rare species by the NHESP. Proposed projects and activities such as an all-persons trail requiring grading, excavating and filling on these habitats would need to file with the NHESP under the MESA for a review and approval prior to project and/or acitivity initiation. Similarly, a new trail alignment will likely require the same.