City provides vague update on long-delayed Fernald conservation restriction 

The Conservation Commission  finally received a response from Mayor Jeannette A. McCarthy regarding a long-overdue legal protection for the former Fernald state school site.

The response, sent Aug. 17 from McCarthy, states that the mayor’s office and the city’s Law Department are “diligently working on all the conservation restrictions” affecting the property and they will send to the commission once complete.

Once received, the commission will sign off on the filing and send it to the state for final approval.

A conservation restriction is legally required for the Fernald property because it was purchased from the state using Community Preservation Act funds. A restriction establishes rules for construction on a property and must be filed before any projects can begin. However, the city has yet to file a conservation restriction since purchasing the property 12 years ago, despite  moving forward with projects on the property.

The Conservation Commission reported at its Sept. 10 meeting that it received McCarthy’s statement, which came after a request sent by the commission on July 22 and again on Aug. 17 after receiving no response. The commission asked the city to provide a legal explanation on why it broke ground on projects at the Fernald without the conservation restriction in place. 

The commission’s initial letter asked the city to “provide the commission with documentation of the legal reasoning used by the City of Waltham to carry out work within the 200 Trapelo Road parcel without first placing a conservation restriction on the parcel.”

McCarthy’s response, however, only states that the filings are in progress and doesn’t mention any legal justification for past construction. 

The Conservation Commission did not discuss McCarthy’s response at its meeting, and it remains unclear whether the commission will press further.