A 27-acre plot of forested land situated near Mettacomet Path and Jacob Gates Road will soon be added to the list of Harvard conservation land through a conservation restriction, pending final approval by the state. Trails will be put in and maintained by the Harvard Conservation Trust, allowing the public to enjoy this land recreationally.
This land, owned by the Rathore family of Harvard, connects to the south parcel of the Eastern Greenway, an expansive collection of 200 acres that Harvard acquired for protection in March 2022. A public trail will be developed on the Rathore land to connect Mettacomet Path to the Tripp conservation area.
The Rathore family learned of the option for a conservation restriction from a neighbor. “This land has been in our family for 45 years. … We still own the land. It’s our land, but we like the idea of protecting the land from development and preserving it so there is some sort of public benefit,” Zahid Rathore said.
A conservation restriction is a legal agreement among the landowner, the state, and the town that allows certain uses of the land while protecting and conserving its current natural environment. The Rathores’ conservation restriction allows for public access.
“The basic thing you are trying to do is preserve the land as it is,” said John Lee, trustee of the Harvard Conservation Trust. The conservation restriction is forever attached to the deed; if the land is sold in the future, the conservation restriction contract still remains. The land cannot be used for any other purpose beyond conservation and public recreation. Other than the walking trails, no building development is allowed on the property.
“[This] is a very great thing for habitat because it means [animals] will have connector routes and not be limited to some small space,” said Ellen Leicher, chair of the Harvard Climate Initiative Committee. The land is a mixture of forested wetlands and upland forest; with the additional preserved acreage, wildlife will be able to roam freely.
According to Lee, despite being a wonderful way to protect open space, land conservation restriction agreements can be very complex. The landowner, the Harvard Conservation Trust, the Harvard Select Board, the Harvard Conservation Commission, and the state all have to sign off and endorse the proposed use of the land. Rathore said the process took over a year and a half; the state kept delaying progress, which was frustrating for Rathore and his family. The typical time for a conservation restriction process to be finalized is four to six months, according to Lee. The Harvard Select Board signed off on the conservation restriction in July. The final state signature is due this week.
“This was not an easy process, and in fact it was very, very frustrating. And it’s no fault of the Harvard Conservation Trust; it’s solely the fault of the state,” Rathore said, adding that he felt the state kept him in a “black hole” in terms of timeline for the project. “It’s a cautionary tale for anyone out there thinking about doing this; you’ve got to be patient, and no one explained that to us,” Rathore said.
In response to Rathore’s comments, Lee said that delay from the state was a result of staff shortage, which created a large backlog of conservation restrictions to be approved.
Source: Town of Harvard
