Weiss Farm granted hearing extension
Published on January 4th, 2006
The Conservation Commission again delayed launching any formal investigation into alleged wetlands violations at Weiss Farm last Thursday upon learning that agricultural operations enjoy several exemptions from local and state regulations.
According to Conservation Commission Chairman Bob Conway, Donna Weiss, the owner of the Franklin Street farmland, has agreed to create a site plan detailing each of the property’s agricultural operations and their respective proximity to surrounding wetlands.
Because the winter weather can disguise some wetlands from being identified, as some indicators such as common vegetation along wet areas can be difficult to discover, the Conservation Commission agreed to allot Weiss a two-month period of time to draft the plan.
"The attorney for Weiss Farm got up and made some very good points," said Conway, referring to the agricultural exemptions from wetland regulations. "We’ve given them 60-days to put together a plan in terms of where their operations are."
"The composting operation is one facet and the livestock would be another. There’s also a Christmas tree operation as well, so there’s three to four separate agricultural uses going on there," the Chairman added.
Last March, one of Weiss’ neighbors, Gerald Road resident Martin Wantman, filed a complaint with the state’s Department of Agricultural resources, alleging that the Franklin Street farm owner falsified her application for a composting permit.
Further accusing Weiss of filling wetlands near the farm with concrete, fill, and loam, Wantman also filed a complaint with the Mass Department of Environmental Protection (DEP) demanding that the matter be investigated. Similar complaints were also voiced to the town’s Conservation Commission, leading to an informal hearing on the allegations last Dec. 1.
At that early Dec. meeting before the Conservation Commission, Conway referred to a letter issued from E. Joseph O’Keefe, the Chief of Staff for the Mass Executive Office of Environmental Affairs — which oversees the Dept. of Agriculture and the DEP.
Sent to Wantman last November, O’Keefe refused to take any action against the farmowner until the Gerald Road resident’s claims could be substantiated. Along similar lines, Conway, noting the absence of both Weiss and her attorney, refused to launch a formal investigation on Dec. 1 until the property owner had an opportunity to defend herself.
According to Boston-based Attorney Richard P. Bennett, who represents Weiss, he remains as confident as ever that his client will be found to be innocent of any wrong-doing, especially in light of the special exemptions given to farmlands.
Bennett, who has charged that Wantman filed the various complaints out of spite for Weiss because she refused to sell land to the Gerald Road resident for a planned subdivision, furthered that his client will be willing to accept any reasonable request from the Conservation Commission — regardless of whether or not the board finds any wetlands violations.
"We pointed out — and I had sought guidance from the state on this — that many of the things complained of seemed to be allowable in conjunction with an agricultural operation," said Bennett of last Thursday’s meeting.
"I’m quite comfortable that at the end of the day, those agricultural operations will be found to be exempt," the lawyer added. "But as my client has said all along, she will be willing to entertain any request from the Conservation Commission as to how things can maybe be done better at Weiss Farms."
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