Elwell Conservation Area City/State Management Agreementand
Department of Environmental Management
Cooperative Management Agreement
1. PARTIES., Th' Cooperative Management Agreement is made this
7 day of h , , ., 1989, by and between the Commonwealth of
Massachusetts�Depa tment of Environmental Management (herein after
called DEM). and' its designees, namely the Division of Environmental
Law Enforcement (DELE) , with its principal office located at 100
Cambridge St., Boston, MA 02202, and the City of Northampton,
Conservation Commission,'.City Hall,. Northampton,. MA 01060
(hereinafter called the City) in consideration of the premises and
the mutual benefits to be derived hereunder`: The parties hereby
enter into this agreement for the purposes set forth herein and in
accordance with the terms and conditions contained herein.
2. PURPOSE. The purpose .of this agreement is to protect,
preserve, manage,. and' maintain the James Elwell Conservation Area,
more particularly described in paragraph 3 and Appendix A herein,
for conservation _and, passive 'recreation uses for the long -term
benefit of `the :residents of ' Northampton, Hampshire County and the
Commonwealth of Massachusetts` This property is an .important
element in DEM's Connecticut. Valley Action Program, which seeks to
protect sites along and -near the 'Connecticut River in
Massachusetts. The premises shall be managed :jointly by the
parties to this The
with DEM as the primary on managing
entity, as described herein and'. more particularly described in the
Management Plan required under this agreement` - and made.part hereof.
DEM shall perform. no action on the. premises, however, without
approval of the Northampton Conservation Commission. Approval of
the Management Plan by .the ,Commi�sslon shall grant DEM the ' right to
perform actions specifically spelled out�in the Management Plan.
3. . PREMISES. The-premises consists of approximately 100 acres
of real property, called. the James Elwell Island Conservation Area,
and are substantially shown on a plan of land entitled "Elwell
Conservation Area" attached hereto as Appendix A and made apart
of this Agreement. The premises consists of two separate tracts:
Elwell Island (approximately 60 acres) and the shoreline tract
(approximately 40 acres) . The premises are owned by the, City under
the management of'the Northampton Conservation Commission.
4. GENERAL DESCRIPTION OF PREMISES. Elwell Island is a 60 +/-
acre river island' situated all in the Northampton side of the
Connecticut River. Its easterly shore contains a large beach of
river sand. Immediately to the west of the beach area is a north-
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south sweep - - of_ __prime floodplan - forests - - with numerous old
cottonwood trees and exhibiting ridge and swale topography. The
interior of the island includes a large expanse of perennial
herbaceous cover and a few scattered trees. The island is
separated from the Northampton shore by a 200 ft. wide river
channel.
The shoreline tract includes a 16 +/- acre cultivated field
which is rented to local farmers. The southerly portion of the
shoreline includes a small red pine plantation, a small planting
of spruces, with the balance in typical floodplain vegetation.
There are locations on both tracts which include rare or threatened
plant /animal species of at least statewide significance.
5. USES. The Premises shall be used for conservation and passive
recreation activities, including, but not limited to picnicking,
nature study and research, hiking, and fishing. No hunting or
trapping shall be permitted on any of the premises, and no
firearms, motorized vehicles, chain saws, or structures shall be
allowed on Elwell Island. All uses of the parcel shall be in
compliance with the Northampton Conservation Commission Rules and
Regulations, a copy of which are incorporated in of this document
by reference, and with the Management Plan to be developed and made
a part hereof.*
6. PUBLIC ACCESS. The premises shall be open to all citizens of
the Commonwealth without discrimination, at hours agreed upon. by
the City and DEM. The parties to this Agreement reserve the right
to restrict public access to any and all portions of the premises
if such access would, in the judgment of the parties, be
destructive to natural habitats, to seasonal wildlife breeding
activity, or if such access would be dangerous to public health and
welfare. The City shall retain the right to rent the cultivated
on -shore acreage to local farmers.
7. MANAGEMENT AND MAINTENANCE PLAN. A Management and Maintenance
Plan (the "Plan ") providing for long term management, use, and
conservation of the James Elwell Island Conservation Area will be
prepared jointly by DEM and the City within 6 months of the date
of this agreement.
The plan shall be consistent with the goals and objectives of
DEM's Connecticut Valley Action Program and the City's
Recreation/ Conservation and Open Space Plan. The plan shall
consider the following environmental qualities and characteristics
of the Elwell Island Conservation Area and surrounding DEM
properties:
• diverse wildlife and seasonal nesting /breeding habitats,
including rare wildlife and plant species;
• extensive, fragile beach frontage;
• extensive floodplain and floodplain forest;
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/ o a 16 acre cultivated farm tract;
o a small on -shore clearing with informal access site;
o a shallow river channel suitable for canoeing and rowing;
o numerous locations suitable for natural history study.
The plan shall show the boundaries of property, existing
topography, wet areas, the location of existing and proposed
trails, if any, and other features.
The plan may be amended from time to time by the parties.
8. MAINTENANCE. Routine protection of the premises will be the
responsibility of DEM, but the City, through the Conservation
Commission, may cosponsor or sponsor clean -up days to help maintain
the area.
9. MANAGEMENT AGREEMENT TERMS. The term of this Agreement shall
be three (3) years from the date of this agreement, renewable for
additional three (3) year terms if both parties agree. The parties
shall meet annually to review and discuss the Agreement. These
annual meetings shall include site visits by representatives of
both parties to this Agreement to assess the condition of the
premises. Any party may request at any time a review for the
purpose of resolving issues, modifying the management plan or for
any other purpose. Such review shall be requested by notifying the
other party with two (2) weeks notice, stating the reason for a
review. Time and place for such review meetings shall be mutually
agreed upon. Any additions or deletions to this Agreement must be
approved by all parties to become effective and legally binding.
10. ENFORCEMENT. The City, DEM, and DELE are all authorized to
take enforcement actions in the Elwell Island Conservation Area
under the provisions of this agreement, the Elwell Island
management agreement, and the Northampton Conservation Commission's
Rules and Regulations.
11. AUTHORITY TO SIGN: The parties hereby represent and warrant
that they are empowered and authorized to enter into this Agreement
and that this Agreement is being executed by a representative duly
authorized to bind their respective party to the rights and
obligations contained in this Agreement.
3
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Commissioner Ja Guten ohn z date
Departm nt of En iro ental Management
A en McGroary, Director date
nvir ent 1 E orcement
* date
vid Geng on
Northampton Cons vation Commission
(dem.cc /3- 21 - 8 9 )
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APPENDIX B
Management and Maintenance Agreement
The purpose of the Cooperative Agreement is to provide for City and
DEM management and maintenance of the property consistent with the
environmental qualities and characteristics of the land and its
surroundings with the goals and objectives of DEM's Connecticut
Valley Action Program and the City's Recreation /Conservation and
Open Space Plan.
These environmental qualities and characteristics include:
o diverse wildlife and seasonal nesting /breeding habitats,
including rare wildlife and plant species
o extensive, fragile beach frontage
o extensive floodplain and floodplain forest
o a 16 acre cultivated farm tract
o a small on -shore clearing with informal access site
o a shallow river channel suitable for canoeing and rowing or
kayaking
o numerous locations suitable for natural history study
MASTER PLAN
A land use plan showing boundaries of property showing existing
topography, wet areas, location of existing and proposed trails,
if any, and other features will be prepared jointly by DEM and the
City within 6 months of the date of this agreement.
Iui -AT " 3i:�C� a
Routine protection of the premises will be the responsibility of
DEM, but the City, through the Conservation Commission, may
cosponsor or sponsor clean -up days to help maintain the area.
USES
All use of the parcel shall be limited to conservation and
recreation activities not requiring structures and shall be in
compliance with the Northampton Conservation Commission Rules and
Regulations, a copy of which are part of this document by
reference.
DEM.CC /1 -24 -89
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