Montague Conservation Commission issues cease and desist order for Falls Farm
Published: 07-31-2024 5:48 PM |
MONTAGUE — Falls Farm must end all activities within the wetlands resource area and buffer zone on its property, following a cease and desist order issued by the Montague Conservation Commission on Tuesday.
Additionally, following in the footsteps of their Sunderland counterparts the week before, Montague commissioners opted to have the state Department of Environmental Protection (MassDEP) begin overseeing the erosion and wetlands issues at the 202 Old Sunderland Road farm that have stemmed from tree clearing on 3 acres of land. The farm has property in both Montague and Sunderland.
Montague Town Planner Maureen Pollock said she had spoken with MassDEP following a site visit to the Montague parcels of Falls Farm on July 19, which revealed that unpermitted work had been done. In addition, a sediment plume was found in the Connecticut River stemming from erosion on the property located on the Sunderland parcel.
On July 25, Pollock spoke with Sunderland Conservation Commission Chair Jennifer Unkles and MassDEP about recommendations for the site. That evening, the Sunderland commission unanimously agreed to have MassDEP take on oversight of the farm.
The Montague board joined Sunderland, also unanimously voting to transfer oversight to MassDEP. This latest involvement by the state agency was initiated by Pollock and Montague Conservation Commission Chair Mark Fairbrother.
Pollock said the condition of the land at Falls Farm and the complexity of jurisdiction, with property in both Montague and Sunderland, creates a situation “beyond the scope of municipalities.”
The Montague board has been following the Falls Farm situation closely, with Pollock noting “the Conservation Commission is fully engaged,” referring to the timeline she presented of its involvement since May.
“We have been coordinating with the MassDEP office since Montague made a request,” Pollock said.
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The meeting also revealed updates as to on-site activities at Falls Farm. Unpermitted work on the property on July 25 and July 26 was described, including discharge of a hose into a wetlands area and work on a culvert on Meadow Road that is within a wetlands area. An email sent to Falls Farm owner James Arcoleo and others affiliated with the land detailed these violations, and Pollock ordered a cease and desist in this email.
The email also notes that a Notice of Intent was not submitted to the commission for this work. Photos submitted to the commission show workers and equipment operating within a protected wetlands zone on the property.
The commission discussed the consequences of transferring oversight to MassDEP. As noted by Montague Conservation Commission member Margaux Reckard, MassDEP offers “continuity” as to what orders and enforcement will be placed on the farm.
In both Montague and Sunderland, MassDEP oversight means that the towns give up certain parts of their jurisdiction to the state.
Fairbrother noted that any enforcement placed by the commission will be void once MassDEP takes over. This includes an existing deadline for a wetlands delineation report that would “become a moot point,” as Fairbrother noted.
MassDEP will also become the main source of information for updates about progress at Falls Farm, rather than the commission.
Member Sean Werle expressed his concern around maintaining communication, both to the commission and the public, pertaining to MassDEP’s actions moving forward, to which Fairbrother explained, “We become a conduit for communication.”
Pollock noted Montague would like to follow in the footsteps of the Sunderland Conservation Commission by continuing to hear public feedback as MassDEP begins overseeing Falls Farm.
Falls Farm representative Diane McClellan declined to comment regarding the cease and desist order and MassDEP’s involvement when asked at the meeting.
Erin-Leigh Hoffman can be reached at ehoffman@recorder.com or 413-930-4231.