Conservation Commission Takes on Noncompliance at Three Area Projects

Report of the Meeting of the Amherst Conservation Commission, September 9, 2026

This meeting was held over Zoom and was recorded.

Present
Bruce Stedman (Vice Chair), Jason Dorney, Sarah Matthews, Carol McNeary, and Rachel Loeffler
Staff: Erin Jacque (Conservation Agent) and Dave Ziomek (Assistant Town Manager)

At its September 9, 2026 meeting, the Conservation Commission addressed land use updates, Conservation Land Management Policy and Regulations updates, and compliance issues.

Land Use Approvals
Commissioners approved the use of Amethyst Brook and Wentworth Conservation areas for a pollinator research study by UMass researcher Laura Figueroa. This study seeks to understand the impacts of neonicotinoid insecticides on bees and ground beetles. The study results will be reported back to the Commission. 

A continuing study of the migration patterns of saw-whet owls via capture with mist nets, banding, and release was approved for the Sweet Alice Reservation Area. Trailhead improvements at Amethyst Brook, including new kiosks and fencing at the parking area and installation of a split rail fence to protect a damaged section of trail, were also approved. The UMass Chilly Challenge for a Violence Free Community on November 14 at Puffers Pond got the green light as long as lifeguards or first responders were on site for the event.

PureSky Energy Hearing Continued
Applicants requested and received a continuance of the public hearing regarding the transformer containment system for their project at the Hickory Ridge site at 191 W Pomeroy Lane. The commission will take this up at their next meeting.

Land Use Policy, Including New Hunting Areas, Ready for Town Legal Review
After nearly 5 years of review, the commission agreed to send updates to the Conservation Land Management Policy and Regulations to the town attorney for legal review. The commission will then return to the policy for final review before holding a public hearing for community input. The town must post notifications in the local newspaper and a hearing notice on the town’s website.

The commission agreed on the final language for the hunting section of the policy. The latest version can be viewed here..

Mixed Bag on Compliance with Commission
The commission criticized site work at Amethyst Brook Elementary School for failing to respond to or comply with orders to ensure proper erosion control. This month, however, Conservation Agent Erin Jacque reported significant progress, including seeding, plantings, erosion and sediment controls, and engineer inspections, and recommended no further action by the commission.

This contrasted sharply with the work Wilson Construction is doing at 48 Canton Ave. The inspector noted deteriorating erosion controls, which widened the 40-foot-long drive by six feet. There were also complaints about turbid water in the roadway and that the house now sits on fill at a height higher than permitted. The owner did not comply with notices of noncompliance or enforcement orders, and construction proceeded without Conservation Commission permission. 

The commission is now unable to issue a certificate of compliance, which would encumber the deed and prevent the owner from selling the property, but it would not prevent occupancy, which is under the control of the town’s Building Commissioner. The Massachusetts Department of Environmental Protection (MA DEP) advised Jacque that a new Notice of Intent (NOI) must be filed for the commission to consider work that is already completed. The commission could also impose a fine. The effect of the larger driveway on stormwater management and its impact on bordering wetlands cannot be fully understood without further hydrologic evaluations. The commission agreed to notify the owner of the need for a new NOI and will discuss the issue again in the future, including how to prevent this from happening again.

Soil Testing Ordered at Site of the Olympia Drive Fire 
Commissioner Sarah Matthews reported that Archipelago Investments, the owner of the property on Olympia Drive that experienced the devastating fire in November 2025, has not responded regarding the fire’s effect on soils at the site. It is unclear whether contaminants were discharged into the bordering wetlands. 

Assistant Town Manager Dave Ziomek reported that the contractor performed a cleanup of the site and was “poised to seek quotes on soil testing,” but that this has not yet happened. Ziomek noted that the town attorney advised the Conservation Commission could take enforcement action. The commission voted unanimously to require the owner to hire a licensed site professional and perform soil testing to assess the need for further remediation work.

High School Track & Field Project Told to Provide Evidence of Compliance
The commission declined to approve a Certificate of Compliance for the recently completed track and field complex at Amherst Regional High School. Rachel Loeffler pointed out that documentation does not show the subsurface stormwater structures that have been installed or provide adequate information on soil conditions. She said the commission had received only “an anemic letter saying everything was fine.” If the proper documentation is provided, the commission may confer the Certification of Compliance for this project at its next meeting.