- Land Trusts and State Team up to Protect Family Farm
- News From the Massachusetts Environmental Collaborative
- CET seeks VISTA Recycling Volunteer
- IMPORTANT SPERANZO CONSERVATION MEASURE ADOPTED
- DRINKING WATER SUPPLY PROTECTION GRANTS Deadline Approaching
- MA Environment Committee Hearing Schedule
LAND TRUSTS AND STATE TEAM UP TO PROTECT FAMILY FARM
The story is all too familiar.
In 1968, Gavin and Helen Egerton bought the farm where they raised four
children, tended animals, and grew pumpkins. When they passed away four
years ago, within months of each other, they left their estate in a family
trust to benefit their children. After struggling for two years, Ann,
Margaret, Joy and Billy, (the only one who still lives on and farms the
land), found themselves in the all-too-common situation of many second
generation farm families ‐ the only way to provide for both the farm and
non-farm siblings was to sell the farm. With most of the Route 7 corridor
already in residential or commercial use, development pressure in this area
is strong and realtors had been calling with offers.
Just when the family thought they had no other options, the neighboring
dairy farmer who uses some of the Egerton’s fields suggested that the family
contact the Sheffield Land Trust (SLT). They learned about state
Agricultural Preservation Restrictions (APR), a type of conservation
restriction that allows owners to realize equity without selling the land by
selling the development rights to the property. In June, 2007, SLT helped
the family successfully save the farm through an APR in conjunction with the
Massachusetts Department of Agricultural Resources and a loan provided by
the Open Space Institute.
The 67 acres of the farm, located in Berkshire County in western
Massachusetts, that was protected is a mix of prime agricultural fields,
wooded wildlife habitat and rich floodplain forests, in several parcels,
between Route 7 and the Housatonic River at the southern gateway of
Sheffield’s business district, just opposite the Sunrise Diner. Development
surrounds the farm, which has been in some form of agricultural use since
the mid-1700s.
Recognizing how important it was to protect this southern gateway into
Sheffield, when the state was ready to close sooner than anticipated SLT
borrowed $90,000 from the Open Space Institute (OSI) to provide the required
local contribution to make the APR possible. OSI had also provided a loan to
SLT for the last APR in the Housatonic River Corridor, Cold Spring Farm
across the river on Hewins Street. The Egerton property is the seventh farm
SLT has helped to protect in the Corridor.
SLT must now raise $138,000 from the community toward the local share of the
APR, to pay off the loan and interest, and cover the total cost of the
project, $572,000.
"The Egerton project demonstrates how partnerships can work in everyone’s
interest," said Marc Hunt, credit manager for the Open Space Institute.
"This is about farms and families choosing to protect these threatened
landscapes of western Massachusetts."
Since 2005, OSI has provided six loans totaling $2.8 million in western
Massachusetts to protect 2,100 acres of open space. OSI has played a part in
conserving three working farms (including Egerton and Cold Spring Farms), a
segment of the Metacomet-Monadnock Trail, part of the Quabbin Reservoir
Watershed, Lower Spectacle Pond and The Great Meadow, listed as one of the
state’s "Ten Most Endangered Historic Resources".
Billy Egerton and his wife Donna hope to revive the family’s traditional
farm stand in front of the house (a perfect marketing location on Route 7),
and the rest of the farm will continue to be rented to neighboring Pine
Island Farm to support its dairy operation (like most dairy farms in the
region, Pine Island needs to rent hundreds of acres of increasingly scarce
land, in addition to what it owns, to have a viable operation). So, this
land is essential not only for the Egertons, but for Pine Island’s dairy as
well.
Massachusetts created the APR program almost thirty years ago, as a
first-of-its-kind purchase of development rights program, to protect the
state’s valuable and disappearing farmland and farms (states around the
country soon followed suit). The program allows farmers and other owners of
farmland to access the equity in their land without having to sell the land
itself through instead selling the development rights. This is based on
detailed appraisals that establish what the fair market value of the
property is as well as its agricultural value, and the difference between
the two is the full value of the APR.
The program requires a local contribution of at least 20% of that value,
which can be provided by the town, raised by the community and/or provided
by a less-than-market rate sale by the family (this is frequently a good way
for families to off-set the capitals gains taxes from the sale of the APR).
SLT facilitates the transaction, helping with the application and
appraisals, providing maps and technical expertise, and raising the funds
needed for the local contribution and the other project costs.
Contributions and pledges for the Egerton Family Farm APR Fund, should be
payable to the Sheffield Land Trust, P.O. Box 940, Sheffield, MA 01257.
Gifts of securities are welcomed. For more information call (413) 229-0234
or e-mail shefland@bcn.net. To learn more about this or other OSI funds
operating throughout the eastern United States, contact (828)278-0134 or
email mhunt@osiny.org. Thank you!
********
The Sheffield Land Trust (SLT) is dedicated to protecting the land essential
to Sheffield’s natural, scenic, agricultural and rural character. SLT
achieves its goals through conservation restrictions, agricultural
preservation restrictions, fee acquisitions and a program of stewardship and
education in partnering with landowners, farmers, government, foundations,
other conservation and community organizations, and schools. Since 1989,
SLT has helped landowners conserve over 3,000 acres of farmland, forest and
wildlife habitat.
The Open Space Institute (OSI) protects scenic, natural, and historic
landscapes to ensure public enjoyment, conserve habitats, and sustain
community character. OSI achieves its goals through land acquisition,
conservation easements, regional loan programs, fiscal sponsorship, creative
partnerships, and analytical research. OSI has protected nearly 100,000
acres in New York State. Through its Northern Forest Protection Fund and
Conservation Finance Program, OSI has assisted in the protection of an
additional 1.7 million acres in Maine, New Hampshire, Vermont, New York,
Massachusetts, New Jersey, and North Carolina. Please visit www.osiny.org
for more information.
ADDED INFORMATION AND BACKGROUND IN A LETTER FROM DONNA AND BILLY EGERTON, BELOW.
A LITTLE PIECE OF LAND
GAVIN AND HELEN’S LEGACY
Dear Friends and Neighbors,
Let me introducing myself. My name is Donna Egerton and I am married to
Gavin and Helen’s son, Billy, and I’d like to tell you a little about my
in-laws.
Mom and Dad bought the little farm on Route 7 (across from the Sunrise
Diner) in the spring of 1968. They moved in with their five young children,
a couple of ponies, a few goats and an assortment of other animals.
Anyone who knew my father-in-law knows he had a passion for animals and
growing things. He also had a passion for people. I don’t think he ever met
anyone he didn’t like. He seemed to find something good in everyone. At
some point you might have bought pumpkins, corn or some form of vegetable
that he sold at the farm stand in front of the big white house with the red
shutters.
As the children grew and married, he built apartments in the big house for
them, their spouses and little ones, so that they didn’t have the burden of
paying high rents on top of providing for their young families. Also, he
may have just wanted to keep his family close to him and Mom. Family was
everything to them.
My mother-in-law was the sweetest most giving woman. Never having a bad
word about anyone. She thrived on her children and their children right up
to her passing. Mom never asked for anything for herself. She did have a
dream of someday having a little house out back on the farm with a nice view
of Mt. Everett. But that never came to pass and she never complained about
it. Mom’s little piece of land is our newest hayfield. Hopefully, a house
will never sit on it. [A wish that can come true now that the land is being
protected.]
As the children moved away, Mom and Dad remained on the farm. The
grandchildren loved to come and visit. They loved to play on the tractors
and jump in the hay. The adults loved to come back too, for a hug from Mom
and a big smile from Dad.
Gavin passed away in October of 2002, just before Halloween. There were
three fields of pumpkins waiting to be harvested. It was sad that he didn’t
get to pick the fruits of his labor, but we did get the pumpkins picked and
out front for sale that year. The last year of Dad’s pumpkins. A lot of
people have stopped over the years wanting to know where Dad is and how come
there are no pumpkins.
Helen passed in January of 2003, just three months after Dad. The doctors
say it was cancer, I believe it was a broken heart. After 50 years of
marriage and 36 years on the farm it just wouldn’t be the same without her
Gavin.
We are have been in the process of putting the farm in the Agricultural
Preservation Restriction Program. It is the only way we can keep Mom and
Dad’s little piece of land together. Billy and I plan to keep it just as it
is. Raising a few cows, growing hay and hopefully getting back into Dad’s
pumpkins. If you knew Mom or Dad or just remember stopping at the stand,
maybe you could contribute to the Sheffield Land Trust and help us save
Gavin and Helen’s Little Piece of Land.
Thank you for reading our story.
Billy and Donna Egerton
News From the Massachusetts Environmental Collaborative
August 1, 2007
Dear Collaborative Colleagues:
Senators unanimously passed a tidelands permitting bill, a starkly different version of legislation passed last week
by the House. That issue appears headed for a six-member conference committee. See item 1
Not much action on the state budget front – no moves yet by the legislature to override any of the Governor’s
vetoes – this may happen but nothing has been deemed of time urgency.
Worth noting – an important move by the Administration on the bond cap – see item 4
Many of you have asked what is happening with the President search here at ELM – the ELM Search Committee is
currently interviewing the first-round of candidates. They hope to have finalists identified soon. Meanwhile, Jim
continues to lead ELM and most recently has been actively involved with the tideland bill issue.
Summary from, David DeKing, Bernie McHugh and Isabel Grantham
_____________________________________________________________
In this bulletin: Summary Index
1. Tidelands – Chapter 91 – update
2. Hearings – in Sept and Oct
3. PATRICK CALLS FOR INCREASED BEACH OVERSIGHT
4. "Patrick raises state’s bond cap"
By Steve LeBlanc, Associated Press | August 1, 2007 _____________________________________________________________
1. Tidelands – Chapter 91 – update The past week saw a flurry of activity on legislation that attempts to address the Supreme Judicial Court decision related to the Northpoint development in Cambridge and chapter 91 licenses. In its decision the Court maintained that DEP did not have the authority to exempt projects in landlocked tidelands from obtaining a chapter 91 license (something DEP had been doing for 17 years) and that only the legislature had that authority or could grant DEP that authority. Quickly following the court decision, the administration filed legislation that essentially would have maintained the status quo, expressly giving DEP the authority to continue exempting these projects. A number of legislators, primarily those that represented constituencies involved in the Northpoint case and others that had large development projects planned for their districts, opposed the administration’s bill. The Natural Resources Committee spent the past several months trying to fashion new legislation that would address the issue. The House finally came out with a bill last Thursday that was quickly voted on favorably by the Natural Resources Committee with only one Senator present (Senator Resor who reserved her rights—i.e., did not vote in favor) and then by the entire House. ELM, CRWA and other environmental organizations had serious concerns with the legislation which changed the definition of “public benefit” and also established an Office of Tidelands and Great Ponds to be housed in the Executive Office of Administration and Finance. The Mass. League of Environmental Voters quickly distributed a letter to all House members detailing their objections to the bill and putting legislators on notice that a vote for the legislation might be used in MLEV’s legislator scorecard. ELM quickly turned our attention to the Senate and consulted with Senator Resor’s office. The version that emerged from Senate Ways and Means was greatly preferred and did not include the establishment of the new Office of Tidelands or the new definition of “public benefits”. Both bills did, however, give DEP the authority to exempt landlocked tidelands from having to obtain a chapter 91 license. The two bills will now go to a conference committee (yet to be named) that will have to develop a version both Houses can agree on. There may well be the need for an ACTION ALERT as this goes forward. We’ll keep you posted. Nancy Goodman Vice President for Policy Environmental League of Massachusetts 14 Beacon Street, Suite 714 Boston, MA 02144 617-742-2553 www.environmentalleague.org mailto:ngoodman@environmentalleague.org _______________________________________________________________________
2. Hearings – in Sept and Oct As the dates get closer we will get more specific and flag important bills and advocacy needs. The one session marked Policies has a bunch of different bills in it — folks can contact us if they want more info but we will send the list out closer to the actual hearing date. Please Note: JTU is Committee on Telecommunications, Utilities and Energy. Upcoming committee hearings Date / Time Location Committee Bills to be Heard Description 09/10/2007 1:00 PM A-1 JEN 25 bills to be heard Pesticides and Hazardous Waste 09/17/2007 1:00 PM A-1 JEN 14 bills to be heard Fish and Game 09/18/2007 10:30 AM A-2 JTU 15 bills to be heard Recycling/Bottle Bill Issues 09/20/2007 1:00 PM A-1 JEN 14 bills to be heard Land Conservation (Rescheduled from 7/30) 09/24/2007 1:00 PM A-1 JEN 33 bills to be heard Policies 10/01/2007 1:00 PM A-1 JEN 21 bills to be heard Department of Conservation and Recreation (DCR) 10/15/2007 1:00 PM A-1 JEN 15 bills to be heard Sewers, Title V, Wetlands 10/22/2007 1:00 PM A-1 JEN 18 bills to be heard Miscellaneous Nancy Goodman Vice President for Policy Environmental League of Massachusetts 14 Beacon Street, Suite 714 Boston, MA 02144 617-742-2553 www.environmentalleague.org mailto:ngoodman@environmentalleague.org ___________________________________________________________________
3. PATRICK CALLS FOR INCREASED BEACH OVERSIGHT: Statehouse news 8/1/07 At Revere Beach today, Gov. Deval Patrick pledged to put in place year-round managers at all Department of Conservation and Recreation beaches. Patrick also urged a special beaches commission to issue a report card measuring strengths and weaknesses of the DCR beach network. Area legislators joined Patrick and promised to work together on funding issues. Developing
________________________________________________________________
4. Patrick raises state’s bond cap Critic says hike will increase taxes By Steve LeBlanc, Associated Press | August 1, 2007 Governor Deval Patrick is raising the state’s borrowing limit, saying that Massachusetts needs to be able to raise more money for transportation projects, public safety improvements, and repairs to the university system, beaches, and parks. The so-called bond cap, the amount the state can borrow each year to pay for capital projects, will increase from $1.25 billion to $1.5 billion. The last time the bond cap was raised was in 2002. "Our public assets have endured a long period of neglect that has put many of them in serious need of repair," Patrick said. "We must begin reversing that pattern." Patrick made the announcement ahead of the release of his five-year capital plan, which is typically used to pay for bigger projects outside the regular state operating budget. The governor has already proposed some ambitious, big-ticket projects, including a $1.4 billion commuter rail line from Boston to Fall River and New Bedford. The administration can change the cap without legislative approval, but Wall Street pays close attention and will punish the state with high interest rates if borrowing gets out of control. Raising the bond cap drew immediate criticism. Barbara Anderson, executive director of Citizens for Limited Taxation, said doing so will lead to higher taxes. "If we borrow too much and spend too much, we end up raising taxes to cover it," she said. But Patrick said that even with the extra borrowing, the percentage of the budget the state will be spending to cover the debt in 2012 will be smaller than in 2007. Two recent reports found that the state is facing huge deficits to maintain its existing infrastructure. One, by the Boston-based Pioneer Institute, found the state is facing at least $17 billion in immediate deferred maintenance costs, from roads and bridges to jails and universities. Earlier this year, a blue ribbon commission forecast a budget shortfall of up to $19 billion over the next two decades to maintain the state’s roads and rails, with no additional money to expand transportation systems. © Copyright 2007 The New York Times Company _____________________________________________ ____________________________________
This bulletin prepared by: David L. DeKing Vice President for Education and Collaboration mailto:ddeking@environmentalleague.org Bernard J McHugh Citizen Education Coordinator mailto:bmchugh@environmentalleague.org Isabel T. Grantham Research Assistant mailto:igrantham@environmentalleague.org Environmental League of Massachusetts 14 Beacon St., Suite 714 Boston, MA 02108 David L. DeKing V.P. Collaboration and Education Environmental League of Massachusetts 14 Beacon Street, Suite 714 Boston, MA 02108 617-742-2553 617-699-4775 cell 617-742-9656 fax
CET seeks VISTA Recycling Volunteer
The Center for Ecological Technology (CET) is seeking a VISTA (Volunteers in Service to America ) to assist with community recycling programs in Berkshire County . Interested individuals may apply by writing to jamiec@cetonline.org.
The VISTA volunteer will help CET promote renewable energy, waste reduction and recycling through schools and the community at large.
“The addition of this VISTA volunteer will provide CET new opportunities to provide outreach and education throughout Berkshire County ,” said Alan Silverstein, CET Director. Berkshire communities benefit directly from education and information on ways to reduce household hazardous waste as well as a campaign to promote business recycling and the purchase of products containing recycled material.
VISTA will provide qualified individuals with a monthly living allowance of $1,200, comprehensive medical insurance and a $4,725 education award upon completion of one year of service. CET will provide training, staff supervision, office space and travel reimbursement. Shared, inexpensive housing may also be available in Pittsfield .
Interested applicants must have a high school diploma or a G.E.D. Individuals with college credits or environmental experience are encouraged to apply. A valid driver’s license and a strong interest in promoting volunteerism and community service is also desired.
For more information on the CET/VISTA program contact Jamie Cahillane, CET Director of Recycling Services at 413-445-4556 ext. 14 or email jamiec@cetonline.org.
CET is a non-profit organization active in the fields of energy and resource conservation, renewable energy, environmental education and waste management.
IMPORTANT SPERANZO CONSERVATION MEASURE ADOPTED
We are losing agricultural lands and farming opportunities at an alarming rate. Over 16,000 acres of open space is developed and lost in Massachusetts each year, much of it existing or retired farmland. These lands represent a tremendous cultural and historic resource for rural and suburban communities throughout the Commonwealth. In order to preserve these lands, the Commonwealth created Agricultural Preservation Restrictions (APRs) which were designed to protect the most productive agricultural lands in the Commonwealth and establishes permanent deed restrictions on agricultural lands protecting them from any use that might diminish the area’s agricultural potential. These deed restrictions are purchased with state funds that can be matched to some extent by municipal and in some cases federal funding as well.
During the Romney Administration I was made aware of a problem facing the agricultural lands of the Berkshires through a meeting with the Berkshire Conservation Collaborative. In order to determine which towns would receive Agricultural Preservation Restriction funding from the state, the Romney administration was using the Commonwealth Capital score as a ranking system. The Commonwealth Capital scoring system gives communities points for specific activities or policies which are considered to promote smart growth and sustainable development. Unfortunately, things such as "T" stations and number of employees in a planning department are also considered as factors in creating this score. While this benefited eastern Massachusetts, inside-the-beltway communities, it harmed Western Massachusetts’ ability to maintain its open space.
To solve this problem, I filed a bill both last and this term which would forbid the use of Comm Cap Scores when considering state funding for APR purchases. This term we are fortunate to have a governor who understands the importance of preserving open space. In the last few weeks, Governor Patrick adopted my bill as a directive to his administration to end the practice of using Comm Cap Scores when considering APR purchases. This will have a lasting benefit on the cities and towns of Western Massachusetts and help them preserve the character of their communities and gain control over their growth.
DRINKING WATER SUPPLY PROTECTION GRANTS
FY08 Drinking Water Supply Protection Grant Program
Application Deadline: 3 p.m. Wednesday, September 5th, 2007
The Massachusetts Department of Environmental Protection, in coordination with the Executive Office of Energy and Environmental Affairs, is pleased to issue the FY08 Request for Responses for the 2008 Drinking Water
Supply Protection Grant Program.
This grant program provides funding to public water systems and municipalities for land acquisitions that protect public drinking water supplies and drinking water quality. The direct recipient of a grant must be a municipality
or public water system authorized by the Commonwealth to provide water to the public. Eligible land
acquisitions include land located in existing drinking water supply areas. Land may be acquired through
purchase of fee
simple title, purchase of a conservation restriction, or purchase of a combination of fee simple title and conservation restriction(s).
The maximum grant award for a single project is $500,000. The maximum reimbursement amount available is 50% of the total project cost. This Request for Responses is being issued in anticipation of the availability of funding. Final grant awards are continent upon funding. There is no guarantee that monies will be awarded. Multiple contracts may be awarded by MassDEP.
Qualified applications will be selected on a competitive basis. We look forward to receiving your applications. Applications must be submitted no later than Wednesday, September 5, 2007 at 3:00 p.m.
The complete Drinking Water Supply Protection Request for Responses (RFR) is now available on the Comm-
PASS website: https://www.comm-pass.com/ Directions for negotiating the site are included below.
Questions? Contact Christy Edwards (EOEEA) via email at Christy.edwards@state.ma.us
FY08 Drinking Water Supply Protection Grant Comm-PASS Instructions:
1.) On the Comm-PASS home page (http://www.comm-pass.com/) select the “Solicitations” tab at the top-left of the page.
2.) Select “Search for a Solicitation”.
3.) In the "Search by Specific Criteria" section enter “BRP 2007-03” in the Document Number field.
4.) This search will yield one result. Click on the sentence on the top of the page that says: "There are 1 Solicitation(s) found that match your search criteria".
5.) Select the spectacle icon on the far right-hand column to view all information available for this grant
program.
6.) Click on the tab that says "Specifications" to view the grant Request for Response. Answers to questions and amendments to the original RFR (if necessary) will also be posted here. Click on the spectacle
icon to view and print any document posted in this section.
This schedule is subject to change. For questions please contact the Committee at (617) 722-2210
All hearings in State House Hearing Room A-1 unless otherwise noted
Pesticides & Hazardous Waste – September 10, 2007 – 1:00 PM
Fish and Game – September 17, 2007 – 1:00 PM
Policies – September 24, 2007 – 1:00 PM
Dept. of Conservation & Recreation (DCR) – October 1, 2007 – 1:00 PM
Sewers, Title V, Wetlands – October 15, 2007 – 1:00 PM
Miscellaneous – October 22, 2007 – 1:00 PM