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HomeMy Public PortalAboutCopelas Property Acquisition • ' ' • • 1 • LA 11 WL b ' • • " A A • . � 1 . it t 41 ;PIF IF j`1 SOF to IF Fit It Fe i4 p L d • , •t .i . � - it �` }`L� � • A ` �•- — • OF) A OF /// t r4 v� I . >j 'f . X 1 ' , o Ll IF Fri. Wit _ • i4ts ` ;� . FFIPF f• �'l' Fop % L ' moi FJ, old �•l'iOrIFF �! F 7t 1. FORM I Oil . - - _ ,� s ISO oo, Foo - � L Z - � to 9 � � v y , FF d' 1 )tp , / -"FN Pop Ir 4111. - le I FWF OFF PF ,. - \ . tow i + : I L — ire: I or / `� rte :: / = I —imp I 1 1 e C .A 034 f - D = BREWSTER BICENTENNIAL tv APPLICATION FOR COMMUNITY PRESERVATION Date : March 11 , 2019 Name of Applicant , Brewster Open Space Committee Name of Co -Applicant(s) , if applicable : Contact Individual : Elizabeth Taylor, Chairman Mailing Address : Town Hall 2198 Main Street Brewster, MA 02631 Daytime Phone : 508496 -3701 x 1149 e-mail : " etaylorabrewster-ma. Rov" Name of Proposal : Copelas Property : Windrift Acres Address of Proposal (or assessors parcel ID : Map 9 — Parcels 13 & 31 - 50 -23 . 91 acres off Slough Road PROJECT SYNOPSIS : The proposed acquisition contains three parcels comprising 23 . 91 acres located off Slough Road in West Brewster . These are within Brewster wellfield buffers to existing municipal wellfields and abut the Dennis Water District Wellfields . The seller, Peter Copelas, has an approval from the Town for a total of 9 lots on these parcels . This purchase will provide protection to a large tract in and of itself, but also secure a "missing link" in the 180 -acre swath of woods the Town has been working to cobble together for conservation and wellfield protection purposes over the past 20 years . This parcel is well forested and provides good buffering to the existing municipal wellfields . A network of walking trails already exist on the parcel that could be opened for public use and devoted to links in the Cape Cod Pathways . This parcel is also located in Brewster ' s western District of Critical Environmental Concern, and is within the Marine Recharge areas for the Herring River and Bass River . Windrift Acres has Town Conservation land on three sides with the Dennis Water Department wellfields forming the western boundary . The Board of Water Commissioners, Natural Resources Department, Conservation Commission, Open Space Committee , Select Board and Interim Town Administrator support these purchases . The gross purchase price for the 23 . 91 acres is $ 725 , 000 about $ 30 , 322 per acre , which may be offset by state grants and other local funds . The total of $ 750 , 000 includes $ 25 , 000 for associated expenses . Category (circle all that apply) : Open Space Historic Preservation Recreation Community Housing CPA funding requested $ 680, 000 Total Cost of Proposed Project $ 750, 000 Open Space Committee - Community Preservation Committee Application : Copelas — March 11 , 2019 Page 1 of 12 1 . PROJECT DESCRIPTION . The proposed acquisition represents the largest parcel available for residential subdivision in Brewster ' s western District of Critical Planning Concern, protecting Brewster' s ZONE II wellfields . This parcel has a Town approved subdivision plan for a total of 9 lots (Windrift Acres) . (MAP 3 . 1 ) This parcel represents about half of 55 -acre forest tract that was the subject of a successful LAND grant award in FY14 . At that time, the tract was part of an approved 204ot cluster subdivision, filed before the Town' s Natural Resource Protection District Bylaw took effect in 2009 . (MAP 3 .2) The Town had the 55 acres under agreement to purchase for $ 1 , 140, 000 in 2013 / 14 . Title flaws were discovered that led to the purchase agreement lapsing. The Town turned back the State grant monies . Since 2014, Town Counsel and the developer have worked to clarify title in this area. This settled in spring 2017 and the Town obtained a purchase agreement with the rightful owners of the southern 27 acres (of the 55 acre parcel) for $432, 000 . This is now the Meetinghouse Road Conservation Area. Mr. Copelas came back for a new subdivision approval for his remaining parcels, which were recently approved by the Planning Board. He has now offered this to the Town for purchase. (MAP 3 .3) This 23 . 91 acre parcel represents a large, critical block of pine-oak forest for conservation and aquifer protection. Wholly within a ZONE II, this purchase provides increased protection for the 323 -acre High Line Wellfield of the Dennis Water District (DWD) with 22 wells and, in the future perhaps, new wells in Brewster and Harwich. Purchase of this parcel will help secure a "missing link" in the 180-acre swath of woods the Town has been working to cobble together for conservation and wellfield protection purposes in this area over the past 20 years . These parcels are also within the Marine Watersheds for the both the Herring River and Bass River. Brewster is responsible for Total Daily Minimum Loads (TMDLs) of nitrogen to these two watersheds . Windrift Acres is ringed on three sides by Town Conservation land, with the DWD wellfields on the fourth or western boundary. These parcels are across the street from the Town' s 900-acre Punkhorn Parklands, the second largest Town Conservation Area on Cape Cod . Windrift Acres is contiguous with Hawk' s Nest Farm and the Jorgenson and Mother' s Bog 2006 acquisitions that now comprise the Slough Road Woodlands Conservation area of 59 . 05 acres, as well as the 27 acre Meetinghouse Road Conservation Area acquired in 2017 . All of these protected parcels provide state-designated BioMap 2 Core Habitat. Littlefield ' s Pond and Washburn Bog on the southern end also provide excellent habitat for supporting diverse wildlife in the area. (MAP 3 . 4) The Brewster Water Commissioners support this purchase and have voted to contribute funds towards this acquisition. The Brewster Conservation Trust will hold the Conservation Restriction and has voted to contribute $75 ,000 toward this purchase. The Town approached the Dennis Water District, the direct beneficiary of this forest acquisition next to its wellfield, for a financial contribution. While the District supports this acquisition, it was unable to contribute financially at this time . The DWD had previously voted $ 1 million towards Brewster ' s $4 million purchase of 60 acres at Mothers Bog to the north of this locus in 2007 . It should be noted that Mr. Copelas is also releasing any and all right, title and interest that he may have in the two parcels of land shown on the plan as "Claimed by Peter A. Copelas" . These lots are located to the south of Windrift Acres . They sit on either side of the Brewster Conservation Parcel (Washburn Cranberry Bog Pond) and abut the recently purchased Meetinghouse Road Conservation Area (MAP 3 .3) 2. CPA GOALS/CRITERIA : The goals of this project encompass many of the Community Preservation general criteria areas for community preservation and enhancement serving the purposes of Open Space and Recreation; saving resources that would otherwise be threatened; leveraging public funds and enhancing existing Town resources ; all contributing to the preservation of Brewster' s unique character. i Open Space Committee - Community Preservation Committee Application : Copelas — March 11 , 2019 Page 2 of 12 Preservation of these 23 .91 acres will provide : Open Space Protection Bv : a. Permanently preserving important wildlife habitat, areas that are of significance for biodiversity, diversity of geological features/types of vegetation, habitat types that are in danger of vanishing from Brewster; habitats of threatened/endangered species of plants or animals. b. Serving to enhance and protect existing wildlife corridors, promoting connectivity of habitat and preventing the fragmentation ofsuch habitats. c. Protecting drinking water quantity and quality d. Preserving and protecting important surface water bodies, pond watersheds e. Preserving a priority parcel in the Town 's Open Space Plan and Priority Pond Parcel Plan to maximize the amount of open space land owned by the Town of Brewster a/c. Permanently Protecting wildlife habitat, biodiversity/preserving a high priority parcel identified using a composite value ranking in the Town 's Open Space Plan The dominant forest community found here is typical of maritime forests found on Cape Cod, consisting of dense pitch-pine and oak, with an understory of Black Huckleberry, Lowbush Blueberry, Arrowwood Viburnum, Common Bracken Fern and a groundcover of Canada Mayflower, Trailing Arbutus and Checkerberry. (PHOTOS : 4) This area has been a woodland for at least the last 100 years and therefore represents a high quality undisturbed forest with trees of significant age . It is considered Prime Forest Habitat by the State . These acquisitions will preserve intact a large unfragmented forest ecosystem identified by the Cape Cod Commission as within a Significant Natural Resource Area. Undisturbed, unfragmented forest interiors on Cape Cod are crucial locations for declining populations of breeding Neotropical migrant bird species, such as Scarlet Tanagers, Wood Thrushes and Warblers, according to State Ornithologist Brad Blodget. Loss of Forested Lands Brewster ranked in the "Top 20 Massachusetts Towns in Forest Lost to Residential Development (by acres lost)" from 1985 to 1999 . Since then, the rate has slowed, but Brewster still ranks in the top 11 percent of all Mass . towns in this regard. (Source : "Losing Ground : At What Cost?" Mass . Audubon Society, 2003 & 2009) . Brewster was also cited as one of five towns in the Top 25 for rare species diversity relative to forest loss . In sum, Brewster has lost more than 1 ,300 acres of its forest to sprawl since 1985 , placing its extensive upland habitats at risk. Preventing Windrift Acres from being developed would not only preclude fragmentation of the habitat, but also prevent additional residential intrusions, such as dogs, noise, light and traffic, from penetrating deeper into these important wildlife habitats . There is also a psychological footprint from development that far exceeds its physical footprint. The State specifically promotes growth away from undeveloped, " frontier" areas so that existing public infrastructure can be concentrated in growth centers and public investment is maximized efficiently. This parcel is located in one of the few frontier areas left in Brewster where there are no paved roads, no public water supply distribution system, no sewer, no gas pipelines, etc . With large tracts of unbroken forest still intact in this area, it is not surprising that it is a strategic place to preserve remaining lands that serve as the base for so much natural resource protection. • The parcel is wholly ( 100%) within the MA Natural Heritage and Endangered Species Program (MNHESP) BioMap2 Core Habitat and Critical Natural Landscapes, the two highest-ranked designations for wildlife habitat diversity, quality and persistence . (MAP 3 . 5) Open Space Committee - Community Preservation Committee Application: Copelas — March 11 , 2019 Page 3 of 12 New England Cottontail Rabbit (NEC) The Massachusetts Department of Fish and Game considers this area to be of high significance for the restoration of New England Cottontail rabbits and their preferred brushy, forest habitat. (MAP 3 . 10) j • 'iii The New England Cottontail (Sylvilagus transitionalis) is a species of cottontail rabbit represented by fragmented populations in areas of New England. Populations have declined by 86 % over the past 50 years . Its historic habitat has been reduced by 90 % . Because of the decrease in this species ' numbers and habitat, the New England Cottontail is currently a candidate for protection under the Endangered Species Act. Rabbits require habitat patches of at least 12 acres to maintain a stable population. The ideal habitat is 25 acres of continuous early successional habitat within a larger landscape that provides shrub wetlands and dense thickets . By protecting land and/or managing the landscape within areas known to be NEC habitats, the state hopes to protect NEC "hotspots" such as Cape Cod. Windrift Acres is located within one the few major focus areas to restore New England Cottontail habitat. It is important to prevent any further habitat destruction/development within this Slough Road area. • Eastern box turtles are known to enjoy this forest. There are no travelled roads within these woodlands, so wildlife disturbance and conflicts are rare . Lynn C . Harper, Habitat Protection Specialist, MA Natural Heritage & Endangered Species Program (NHESP) , indicated that ` habitat fragmentation, particularly on Cape Cod, is a major threat to many wildlife, bird and plant species and the protection of contiguous, undisturbed tracts of habitat is vital to ensuring their long term viability" . Her letter, written about the Meetinghouse Road Conservation Area, covers the same habitat as Windrift Acres . (LETTER 5 .5) • In 2003 , The Compact of Cape Cod Conservation Trusts, Inc. conducted a parcel-level GIS analysis of habitat significance for Barnstable County. Criteria included habitat value, parcel size, and development context among other scores . The 23 . 91 -acre locus property was ranked among the highest in priority, relative to all other parcels Cape-wide . (MAP 3 . 6) • In 2015 , MassAudubon designed an interactive GIS analysis tool called MAPPR to identify high value habitat parcels, ranking them for local, regional and statewide importance . Windrift ranks highly both in Brewster and on Cape Cod. (Map 3 .7 & 3 . 8) 100 % of the Project is located in an area identified as of importance for climate change adaptation, in terms of landscape complexity and permeability/ connectivity or implementation of resiliency best practices : The Nature Conservancy, 2012 (Map 3 . 9) . b . Serving to enhance and protect existin,Er wildlife corridors, promoting connectivity of habitat and preventing the fragmentation of such habitats. Open Space Committee - Community Preservation Committee Application: Copelas — March 11 , 2019 Page 4 of 12 This property directly abuts other Town conservation lands . These parcels and the adjacent wellfields, form contiguous forested uplands, which provide prime habitat for numerous migratory and native species, many of which require large unfragmented woodlands in order to establish territories, find food and successfully reproduce . There are major wildlife corridors between the 323 -acre DVD Wellfield and Brewster conservation land on the west side of Slough Road and Great Ponds such as Walker' s, Seymour, Elbow and Long Ponds and the 900-acre Punkhom Parklands on the east side of Slough Road. (MAP 3 .4) Protection of these habitats will maintain corridors wide enough for the movement of many species of mammals, amphibians and birds . c. Protectinz drinkinz water quantity and quality : Protection of water quality and drinking water supplies are some of the most important issues facing the Cape . It is critical that Brewster permanently preserve land to protect current and future water supplies for the residents of Brewster, Orleans, Harwich and Dennis by protecting all Zone IIs within Brewster' s border as well as lands that make up critical pond recharge areas and marine watersheds . (MAP 3 . 11) • In 1994, Brewster' s Ground Water Protection District was established for over 4, 000 acres in the southeastern and southwestern sections of Town due to the location of wellfields and the overall sensitivity of the area' s groundwater resources as substantiated by the EPA ' s Sole Source Aquifer national designation, • Under DEP regulations, towns are intended to protect each other' s Zone IIs ; this acquisition would advance that objective . Preservation of this parcel would promote protection of one of the top priority areas for future wellfield development in Brewster, as documented by the US Geological Survey in 1994 and the Cape Cod Commission Priority Land Assessment Acquisition Program in 1999 (updated in 2010) . Projections of a water supply shortage by the year 2020 led the Cape Cod Commission to conduct this study of land areas that could potentially support a supply well or be used for wellhead protection. The Project, focused on Upper and Mid Cape towns with public water supplies . The goal was to assist towns in the Sagamore and Monomoy lenses in prioritizing properties that may be suitable for water supply development and protection. Tracts of land in these towns were evaluated for their water supply development potential based on natural resources and land use constraints and rated as having low, medium, or high potential . The study concluded that there were six areas of Brewster that had "high potential " as future water supply sites ; the Slough Road area was one of the sites . In 2012, Brewster Town Meeting voted to dedicate and assign custody of an 11 . 3 -acre forest tract abutting Windrift to the Brewster Water Commissioners for future water production/protection. While the Commissioners have no immediate plans to develop a municipal well on that tract, the preservation of this 23 . 91 acres will provide any well with about half of its required Zone I protection (control of 800400t diameter around the wellpoint.) There are no wetlands nearby, so well-drawdown would not be an issue here . The DWD operates multiple (22) public supply wells in its 323 -acre High Line Wellfield along the Brewster town line and directly abuts the 23 . 91 acre Windrift parcels . (See Map 3 . 11) The High Line is the third-largest single wellfield on Cape Cod. Because regional groundwater flow in this area is to the west, much of DWD ' s Zone II (land area contributing to the town well ' s recharge) lies in West Brewster. Brewster and DWD have collaborated in the past in preserving the 60 acres at Mother ' s Bog on Slough Road; DWD holds a Watershed/ Conservation Restriction on the Town of Brewster land there . And clearly, the water is good; both Dennis and Brewster have each won New England Water Works Association awards for the best source water in the past decade . The Brewster Water Commissioners support this acquisition and agree that there are few places left in Brewster to site a new well outside of existing wellfields . (LETTER 5.2a) The Dennis Water District has also provided a letter of support. (LETTER 5 .4) Open Space Committee - Community Preservation Committee Application: Copelas — March 11 , 2019 Page 5 of 12 d. Preservinz and protectinz important surface water bodies Located in Brewster' s Western District of Critical Environmental Concern, Windrift is also within the Marine Watersheds of both the Herring and Bass Rivers, which systems have been reviewed by the state relative to Total Minimum Daily Loads (TMDLs) of nitrogen. The Town does not have to reduce its nitrogen production in these watersheds at this time, but may have to in the future . Any reduction or prevention of development within these watersheds is a step towards preventing increased nitrogen inputs in the future . (MAP 3 . 12) This parcel is also the single largest unprotected parcel located within the surface watershed to Washburn Bog Pond, an 8 -acre old cranberry bog owned by Conservation. (MAP 3 . 13) Preserving Windrift Acres intact as pine-oak forest will help to filter out contaminants before they reach the pond and its outlet stream. Historic Preservation Bv : a. Protecting, preserving, enhancing, restoring and/or rehabilitating historic, cultural, architectural or archaeological resources of significance, especially those that are threatened; b. Protecting areas of Primary Archaeological Sensitivity as shown on the Archaeological Resources Map produced by the Cape Cod Commission GIS Systems Department and the Brewster Natural Resources Department in 1989. a. Meetinghouse Road, also known as Old Brewster-Harwich Road, follows a natural slough, or shallow glacial outwash valley running north-south through this area. (PHOTO 4.2) It is no longer travelled by vehicles . These lands also contain numerous old trails, most likely part of historic North South Native American Pathways which ran from Cape Cod Bay to Nantucket Sound. The ancient cartpath that bisects the property is said to go past the remains of the last Nauset Native American meeting house . Later the road was used to connect parishioners on the Southside of the Cape to the colonial churches set up in the older Northside or Bayshore settlements . In 1806, Brewster and Harwich "hived off' into separate towns, partially so the villagers would not have to travel so far on winding sand roads to go to church on Sabbath. More recently, much of the site was used for sheep grazing and woodlots . The 23 . 91 -acre property helps to protect this important historic cartpath from being obliterated by residential development. (MAP 3 . 15) b . With the creation of The Brewster Archaeological Resources Map, areas in Town with archaeological sensitivity were identified as having Primary, Secondary or Tertiary Sensitivity ( 1993 , with 1996 & 1998 updates) . Primary Sensitivity generally includes all areas within 1 ,000 feet of a marine ecosystem, particularly those areas within close proximity to fresh water. These areas have a high probability of containing prehistoric archaeological sites . The four most important areas for management consideration based upon available data are : Namskaket Creek and Marsh, the Cape Cod Bay shoreline, Stony Brook Valley, and the major ponds of the Herring River Drainage System (e . g . Elbow, Seymour and Walker' s Ponds) . At the time the Map was created, the Herring River Watershed had not been delineated. The State recently finished this delineation and Windrift Acres is within the Herring River Watershed. Once the Archaeological Resources maps is updated, the southwest corner of Brewster will fall within an area of Primary Sensitivity. Littlefield Pond and Washburn Bog wetlands are located in the southern portion of this site, making it even more favorable for ancient and historic period land use and occupation. (MAP 3 . 16a & b) As indicated in a January 30 , 2019 letter from Jonathan K. Patton, Archaeologist/Preservation Planner with the MA Historical Commission, "this site is within the Old King' s Highway Regional Historic District (MHC #BRE . G) listed in the State Register of Historic Places and a local historic district. Ancient Native American archaeological sites are recorded in the Inventory in the vicinity of this property. Undisturbed portions of the property are archaeologically sensitive . This archaeological sensitivity is primarily be due to environmental setting, with level, sandy, well-drained soils in proximity to the wetlands and water resources, including Elbow Open Space Committee - Community Preservation Committee Application : Copelas — March 11 , 2019 Page 6 of 12 I Pond, favorable for ancient and historic period Native American land use and occupation. " Types of archaeological resources that could be present within the parcel could include artifacts, subsurface soil deposits and features associated with ancient and historic period Native American occupations or with other uses of the parcel during the historic period, including early residential settlement and agriculture . "Acquisition of the property for open space will assist to protect and preserve significant historical and archaeological resources that may be present. " (LETTER 5 .6) 3 . COMMUNITY BENEFITS . This acquisition will provide multiple benefits to numerous populations . The current population of Brewster (9,360) will benefit, as will Brewster ' s 35 ,000+ annual visitors, many of whom will be able to enjoy this area. The Brewster voters have been approving land acquisition for over 45 years , accumulating over 1 , 100 acres to protect their drinking water and surface waters, wildlife corridors, rare and endangered species habitats and massive recreation areas . The Windrift Acres parcels have been identified as important linkages for Cape Cod Pathways through-routes and are of equal importance for wellfield, watershed and habitat protection. It has been endorsed by the Select Board, Interim Town Administrator, Conservation Commission, Water Commissioners and Open Space Committee . i Recreational Benefits . a. Expanding the range of passive recreational opportunities available to all ages of Brewster residents and visitors. b. Providing connection with existing trails or potential trail linkages c. Promoting the use of alternative corridors thatprovide safe and healthy non-motorized transportation by providing connections with existing trails and conservation areas. When the Town of Brewster updated its Open Space and Recreation Plan in 2013 , additional goals were added to "Ensure preservation of a variety of rural recreational activities and high-quality natural environments in close proximity to all residential areas . Green pathway linkages connecting various sections of Town with each other and to neighboring towns add regional benefit and contribute towards completion of the Cape Cod Pathways . " Windrift Acres will also help to complete links in the Brewster Pathways Program, a part of the county-wide, regional walking path sponsored by Barnstable County ' s Cape Cod Pathways . Every Town survey that has been done indicates that residents and visitors alike want more walking and bike trails . This site provides public access to an unfragmented woodland via footpath for walking, nature observation and other passive activities . Existing uses of the area include hiking, Nordic skiing, horseback riding, walking and birdwatching . • The property has existing walking trails that could be linked to Slough Road Woodlands and the Punkhorn Parklands . The Cape-wide CapeWalk that takes place every two years over a nine-day stretch with hikers crossing from Provincetown to Falmouth would find trails on this site which would enhance the Walk. • Meetinghouse Road runs through the property from Old Chatham Road (Town of Harwich) . The Town of Brewster also owns the adjoining parcels to the north and south of this property. (PHOTOS-4) • This area already has a network of trails used casually by many people ; if bought by the Town for conservation, the Town can adopt and publicize a formal addition to the Brewster Walking Trails connecting to the Town' s 60-acre Mother' s Bog Conservation Area to the north and the Meetinghouse Road Conservation Area to the south. (MAP 3 . 14a) Open Space Committee - Community Preservation Committee Application: Copelas — March 11 , 2019 Page 7 of 12 • As shown on MAP 3 . 14b , there is an extensive, informal trail network through the forest all along the west side of Slough Road, some on Town land, some on private land . This acquisition will add a major block of private land to the Town' s inventory and enable us to provide additional trail loops . 4. COMMUNITY SUPPORT : The 1991 1999 and 2013 Town of Brewster surveys found that residents value the reservation of public lands Y P for accessible peaceful recreation. In 2018 , the Town completed the Vision Plan, the result of a significant public participation process which included three series of workshops and a public survey to gauge the importance of actions to achieve the vision. The Vision Plan is built on eight "building blocks" which include Open Space and Water Resources . These two building blocks received the highest rankings of importance in the public survey, and the single action which received the highest ranking of all the nearly 70 actions in the Plan was "Identify and protect priority parcels in sensitive natural resource areas, particularly in designated drinking water supply areas" . Throughout the planning process, citizens noted the contribution of open space to Brewster' s character, the protection of water resources and natural habitat, and passive recreation. • The Water Resources Goal : Protect Brewster ' s fresh water system to preserve high quality drinking water and maintain or improve the health of our ponds and marine watersheds . o Protect Town wellfields by expanding open space and other measures . o Protect the water quality of the Town' s marine watersheds • The Open Space Goal clearly indicated overwhelming support from residents to "maintain and expand open space to provide public recreation, protect fragile natural habitat and protect water resources . " o Provide more walking trails, and expand access to recreational areas . o Prioritize environmentally sensitive areas for preservation o Ensure that existing funding continues and additional funding sources are made available to acquire priority open space parcels . This acquisition fits squarely within these goals and purposes, clearly reflecting the priorities and Vision of Brewster ' s residents . The Town is happy to have the assistance of several partners in this project. The Brewster Conservation Trust has provided assistance in negotiations and is willing to hold a Conservation Restriction over the parcel . The Compact of Cape Cod Conservation Trusts, Inc. has provided negotiation and technical assistance to the Town on this acquisition and will draft the Conservation Restriction. The Water Commissioners voted to contribute $70, 000 towards this acquisition. (LETTER 5.2b). The Brewster Conservation Trust will be contributing $75 , 000 and will hold the Conservation Restriction. (LETTER 5. 3b) The following letters of support and comment are appended as LETTERS : 5 . 5 . 1 . Brewster Conservation Commission, Noelle Aguiar, Conservation Administrator 5.2a. Paul Anderson, Superintendent, Brewster Water Department, Brewster Water Commissioners 5.2b. Paul Anderson, Superintendent, Brewster Water Department, Funding 5.3a Brewster Conservation Trust, Amy Henderson, Executive Director 5.3b. Brewster Conservation Trust, Hal Minis, President - Funding 5.4 . Dennis Water District, Dennis Larkowski, Superintendent 5 . 5 . MA Natural Heritage & Endangered Species Program, Lynn C . Harper, Habitat Protection 5 . 6 MA Historic Commission, Jonathan K. Patton, Archaeologist/Preservation Planner Open Space Committee - Community Preservation Committee Application : Copelas — March 11 , 2019 Page 8 of 12 5 . PROJECT TIMELINE : 2012 : 204ot subdivision plan approved for Copelas on 51 acres ; Town negotiates purchasing all land claimed by Copelas at locus , Town Meeting approves purchase; $ 400 ,000 State LAND grant awarded 2013 : Town determines there are title issues to 27 acres of Copelas land; Purchase Agreement terminated; State LAND grant voided 2016 : True owners of 27 acres approach Town to buy their parcel; Town negotiates $ 16, 000 per acre ($432, 000) 2017 : Town Meeting approves Meetinghouse Road 27-acre purchase ; $224, 640 State LAND grant awarded 2018 : Town records deed to 27 acres ; State LAND grant received; Copelas submits revised 24-acre, 94ot subdivision plan to Planning Board iri July Copelas receives subdivision approval , Open Space Committee supports acquisition of Copelas parcels Town obtains appraisal from Linda Coneen for negotiating purposes : Fair Market Value=$ 775 , 000 Copelas contacted to sell 23 . 91 acres for conservation; 2019 : January-Copelas agrees to bargain sale of $725 , 000 ; Offer to Purchase signed by all parties . February-March- Open Space Committee submits application to Community Preservation Committee; BCT votes to pledge contribution of $75 ,000, Water Department pledges support and $70 , 000 . Purchase and Sale Agreement signed by all parties . May-Town Meeting approves purchase price; Town engages appraiser to update the value for State LAND grant application June-Conservation Commission and Select Board agree to support State Land Grant application; Conservation Restriction (CR) drafted for State docketing; Appraisal is updated July-Town Conservation Commission submits LAND grant application; State comments on draft CR August- Surveyor engaged to begin new perimeter plan for taking November- State issues LAND grant awards December-Town signs LAND contract; State signs final CR after local approvals 2020 : January-Closings : Town takes the land and conveys CR to Brewster Conservation Trust February-Town prepares management plan and submits to State for review and comment; March-Town and BCT approve final management plan (trails, parking etc . ) Spring-Management plan implementation June-Final date for submittal of LAND grant compliance documents 6 . CREDENTIALS : The Brewster Conservation Commission will have custody and control of this conservation area. The Natural Resources Department and the Conservation Commission currently control and manage over 1 , 100 acres of land. The Brewster Conservation Trust (BCT) will hold the Conservation Restriction, which will enable it to also participate in maintenance and management of this conservation area. Open Space Committee - Community Preservation Committee Application : Copelas — March 11 , 2019 Page 9 of 12 7 . BUDGET : PROPOSED PROJECT COSTS AMOUNT COMMENTS Land Acquisition Cost $ 725 , 000 Town appraiser Linda Coneen has $775 , 000 for Estimation of Fair Market Value as of Dec . 2018 Grant application services $ 39500 Consultant services for LAND grant (The Compact) Appraisal for State LAND grant specs $ 2 , 500 Linda Coneen will do State LAND grant spec Report/appraisal this spring Town Counsel (KP Law) $ 109000 Closing costs , due diligence : Legal, Title, Registry etc . Miscellaneous due diligence S 29000 CR drafting & approval; State grant compliance; land management plan $ 700 To cover any other associated expenses TOTAL PROJECT COSTS $ 750 ,000 PROPOSED PROJECT FUNDING SOURCES Town CPA Fund $ 680 , 000 to be voted at Annual Town Meeting, spring 2019 Brewster Water Commissioners $ 70 , 000 Voted on February 22 , 2019 and March 22 , 2019 TOTAL MUNICIPAL FUNDING $ 750 ,000 Brewster Conservation Trust $ 754000 Voted on February 22, 2019 . This amount may be used to cover state tax rebate if the state does not provide this to the seller. If the state tax credit is provided, the funds from BCT will be used to reduce the CPC funds needed at closing. STATE LAND GRANT APPLICATION Eligible Project Costs for Grant : $ 7259000 Purchase price LAND Grant request $ 377 , 000 52% reimbursement rate (not to exceed $400 ,000) Municipal/local share of Eligible Project Costs S 3489000 CPA Funds , Water Department Funds & BCT Open Space Committee - Community Preservation Committee Application : Copelas — March 11 , 2019 Page 10 of 12 8 . MAINTENANCE : The Windrift Acres purchase will be under the custody and control of the Brewster Conservation Commission. Brewster Conservation Trust will hold the Conservation Restriction, which will enable it to also participate in maintenance and management of this conservation area. 9 . SITE CONTROL AND APPRAISAL . The Purchase and Sale Agreement is attached. (ATT . 2.) An Appraisal of the property ' s value by a licensed appraiser using customary appraising techniques is also attached . (ATT. 6) Appraisal Summary : Linda Coneen, MRS , SRA Real Estate Appraiser 95 Rayber Road Orleans, MA 02653 . Opinion of Market Value : $ 775 , 000 December 20 , 2018 The Brewster Open Space Committee March 11 , 2019 Open Space Committee - Community Preservation Committee Application: Copelas — March 11 , 2019 Page 11 of 12 LIST OF ATTACHMENTS 1 . Draft Town Meeting Article 2 . Purchase & Sale Agreement by Town and Seller : March 4, 2019 3 . MAPS 3 . 1 Topographic Locus Map (Harwich, quadrangle, 1977) 3 .2 Town Assessing/Tax Map- Compilation (Maps 8 , 9 & 10 -showing original 2012 sub-division plan) 3 .3 Current Definitive Sub-division Plan with Locus 3 .4 Surrounding Protected Open Space Map 3 .5 MA Natural Heritage and Endangered Species Program (NHESP) BioMap2 - Core Habitat and Critical Natural Landscape Map 3 . 6 Habitat Protection Priority Map 3 . 7 MA Audubon Mapping and Prioritizing Parcels for Resilience (MAPPR) Habitat Analysis Map 3 . 8 County-wide Habitat Analysis/Ranking Map using MAPPR 3 . 9 Index of Ecological Integrity Habitat Analysis Map 3 . 10 New England Cottontail Habitat Focus Area 3 . 11 ZONE 2, Zones of Contribution to Public Water Supplies for the towns of Brewster, Dennis & Harwich 3 . 12 MA Estuaries Program (MEP) Study Area: Specifically Herring and Bass Rivers Watersheds 3 . 13 Surface Watershed for Washburn Bog Pond (Water Resource Atlas - Freshwater Ponds - Brewster, MA) 3 . 14a Brewster Walking Trails Map 3 . 14b Public Walking Trails Map for Meetinghouse Road/Windrift Acres Area 3 . 15 Historic Resources Map - Meetinghouse Road/Cartpath 3 . 16a Town of Brewster Archaeological Resources Map 3 . 16b Map Notes for Archaeological Resources Map 4 . PHOTOS 4 . 1 Windrift Acres on Interior View 4 .2 Windrift Acres - Interior Showing Interior Trail 4 .3 Windrift Acres - Interior Showing Remains of Meetinghouse Road/Cartway 4.4 Windrift Acres - Interior View-Winter 5 . LETTERS OF SUPPORT 5 . 1 Brewster Conservation Commission, Noelle Aguiar, Conservation Administrator 5.2a Brewster Water Department/Water Commissioners, Paul Anderson, Superintendent 5.2b Brewster Water Department/Water Commissioners, Paul Andersen, Superintendent -Funding 5 .3a Brewster Conservation Trust, Amy Henderson, Executive Director 5 .3b Brewster Conservation Trust, Hal Minis, President an Funding 5.4 Dennis Water District, Dennis Larkowski, Superintendent 5 .5 MA Natural Heritage & Endangered Species Program, Lynn C . Harper, Habitat Protection Specialist 5 .6 MA Historic Commission, Jonathan K. Patton, Archaeologist/Preservation Planner 6 . APPRAISAL Estimation of Value - Linda Coneen December 20 , 2018 Open Space Committee - Community Preservation Committee Application : Copelas - March 11 , 2019 Page 12 of 12 ATTACHMENT 1 : Draft Town Meetina Warrant Article ( as of 3 - 27 - 2019 ) LAND ACQUISITION /Community Preservation Act ARTICLE NO , 18 : To see if the Town will vote to authorize the Board of Selectmen to acquire, by purchase , gift, and /or eminent domain , for conservation , watershed protection and /or passive recreation purposes pursuant to the provisions of G . L. Ch . 40, Sections 8C, 39B and 41 and Article 97 of the Articles of Amendment of the Massachusetts Constitution , all or portions of the parcel of vacant land located on the west side of Slough Road , containing 23 . 91 acres, more or less, described in deeds recorded with the Barnstable County Registry of Deeds in Book 26947 Page 47, Book 2548 Page 345 , and Book 3605 Page 275 , and shown as "Windrift Acres" ( so - called ) , on a Definitive Subdivision Plan recorded with the Barnstable County Registry of Deeds in Plan Book 677 Page 55 , with such parcel to be under the care, custody, control and management of such parcel to be vested with the Conservation Commission ; to appropriate the total sum of SEVEN HUNDRED TWENTY- FIVE THOUSAND ( $ 725, 000 ) Dollars to pay costs of the acquisition and costs incidental or related thereto, with SIX HUNDRED FIFTY FIVE THOUSAND DOLLARS ( $ 655, 000 ) of said sum from the Community Preservation Fund Balance Reserved for Open Space , SEVENTY THOUSAND DOLLARS ( $ 70, 000 ) shall be transferred from Water Receipts Reserved for Appropriation ; further, to transfer from Community Preservation Fund Balance Reserved for Open Space an additional sum of TWENTY- FIVE THOUSAND DOLLARS ( $ 25 , 000 ) for the purpose of paying incidental and related costs, including, without limitation , costs for appraisals, surveys, grant applications and grant compliance ; further, to authorize the Board of Selectmen and /or the Conservation Commission to apply for, accept and expend any funds that may be provided by the Commonwealth or other public or private sources to defray all or a portion of the costs of said acquisition , including, but not limited to, grants and /or reimbursement from the Commonwealth under the Self- Help Act, G . L . Ch . 132A, Section 11 ( now, so - called LAND grants ) , and the Federal Land and Water Fund grants, which grants and/or funds so received shall be used to repay all or a portion of the sum transferred from the Community Preservation Fund hereunder; and to authorize the Board of Selectmen to grant to the Brewster Conservation Trust or any other qualified organization a perpetual conservation and / or watershed preservation restriction pursuant to the provisions of G . L . Ch . 184, Sections 31- 33 , in compliance with G . L . Ch . 44B, Section12 ( a ) , protecting the property for the purposes for which it is acquired , and to enter into all agreements and execute any and all instruments as may be necessary or convenient to effectuate the foregoing purposes , or take any other action relative thereto . ( Community Preservation Committee ) ( Majority Vote Required ) COMMENT This purchase of land represents an extraordinary opportunity for the Town to protect and preserve 24 acres of forested uplands located over drinking water resources ( Zone II ) , and containing forested habitats, virtually surrounded by existing town - owned open space for conservation and future public wellfield development . This property has long been desired as a high priority parcel by the Town Open Space Committee . It is one of the few remaining large undeveloped District of Critical Planning Concern properties and has been subdivided into nine house lots . The Town will seek grants to augment this acquisition expense . The property will be managed for conservation , watershed protection and passive recreation (trails ) . The Brewster Conservation Trust has committed to contributing $ 75 , 000 towards this purchase and would hold the Conservation Restriction . PURCHASE AND SALE AGREEMENT 1 . Information and Definitions (a) DATE OF AGREEMENT: March 4, 2019. (b) PREMISES : A parcel of land on Windrift Lane, off Slough Road, Brewster, containing 23 . 91 acres, more or less, shown more particularly on a plan entitled "Definitive Subdivision Plan Windrift Acres in Brewster, MA", dated April 12, 2010, revised through September 27, 2018, prepared by Down Cape Engineering, Inc., recorded with the Barnstable Registry of Deeds in Plan Book 677 , Page 55, a copy of which is attached hereto and incorporated herein as Exhibit A (the "Plan"), and being a portion of the property described in a deed recorded with the Barnstable Registry of Deeds in Book 26949, Page 47. Seller shall also release to the BUYER at closing any and all right, title and interest that Seller may have in the two parcels of land shown on said Plan as "Claimed by Peter A. Copelas" (the "Released Parcels") . (c) SELLER: Peter A . Copelas and Heather Copelas (together, "SELLER") Address : 135 Boston Street, Salem MA 01970 Seller' s Attorney: Andrew Singer, Esq., P . O . Box 67 26 Upper County Road, Dennisport MA 02639 Phone: 508 -398-2221 Fax: 508-3984568 Email : Alsinger@singer-law.com (d) BUYER: Town of Brewster Address ; Brewster Town Hall, 2198 Main St ., Brewster, MA 02631- 3701 Buyer ' s Attorney : Shirin Everett, Esq., KP Law, P . C. , 101 Arch St., Boston, MA 02110 Phone : (617) 556-0007 Fax : (617) 6544735 Email : severettOwk-nlaw.com ATTACHMENT 2 : Purchase & Sale Aareement : Slaned by Town and Seller : March 47 2019 i (e) PURCHASE PRICE . The total purchase price for the Premises is Seven Hundred Twenty-Five Thousand Dollars ($725 ,000 .00), of which: $ 100 . 00 have been paid as a refundable deposit with the execution of the Offer to Purchase Real Estate; and $ 724,900 .00 are to be paid (subject to adjustments) at the time of delivery of the deed by certified, Town Treasurer' s check, bank check or by wire transfer, at BUYER' S discretion . $725,000 . 00 TOTAL (f) PRICE ADJUSTMENT : The SELLER has obtained final approval , as set forth below, of a tax credit to the SELLER in the amount of Seventy-Five Thousand Dollars ($75 ,000) under the Massachusetts Conservation Land Tax Credit Program (the "Program") for the sale of the Premises to BUYER as provided for by this Agreement. If, as confirmed by the Program, such tax credit does not remain in place and obligated to SELLER at the time of closing, BUYER shall pay the sum of Seventy-Five Thousand Dollars ($ 75 ,000) to Seller as compensation for the Premises in addition to the purchase price, which sum shall be paid within twelve (12) months from the date on which the deed from SELLER to BUYER is recorded, and SELLER shall convey the Premises to BUYER on the Closing Date, as it may be extended , and otherwise in accordance with the terms of this Agreement. The parties acknowledge that the SELLER has already obtained Part I (site eligibility) and Part II (appraisal approval) under this Program (see Exhibit B for EOEEA letter concerning the Part II letter) . The parties firrther acknowledge that the tax credit amount is separate fiom and in addition to the purchase price set forth in Paragraph 1 (e) above. The provisions of this Paragraph 1 (fl shall survive delivery of the deed hereunder. (g) CLOSING DATE . January 31 , 2020, at 11 : 00 a.m. (or an earlier date, upon BUYER providing SELLER at least seven (7) days' prior written notice thereof). Time is of the essence. (g) PLACE : Barnstable Registry of Deeds, or a closing by mail, at BUYER' S election . (h) TITLE : Quitclaim Deed Page 2 of 12 2 . Covenant . SELLER agrees to sell and BUYER agrees to buy the Premises upon the terms hereinafter set forth. 3 . Buildings, Strictures, Improvements, Fixtures . The Premises consist of vacant land. 4 . Title Deed . Said Premises are to be conveyed by a good and sufficient quitclaim deed running to BUYER, and said deed shall convey a good and clear record and marketable title thereto, free from encumbrances, except : (a) provisions of existing building and zoning laws ; (b) such taxes for the then current year as are not due and payable on the date of the delivery of such deed, except as provided in Section 13 ; (c) any liens for municipal betterments assessed after the date of this Agreement; any betterments assessed before the date of this Agreement shall be paid by SELLER in full ; and (d) easements, restrictions and/or reservations of record, if any, provided the same do not materially interfere with the proposed use of the Premises by the BUYER for open space, conservation and passive recreation purposes. 5 . Deed , Plans. SELLER shall prepare the deed . If said deed refers to a plan necessary to be recorded therewith SELLER shall , at its sole cost and expense, prepare a survey plan approved by BUYER and in form adequate for recording or registration. 6 . Reaistered Title. In addition to the foregoing, if the title to said Premises is registered, said deed shall be in a form sufficient to entitle BUYER to a Certificate of Title of said Premises, and SELLER shall deliver with said deed all instruments, if any, necessary to enable BUYER to obtain such Certificate of Title. 7 . Possession and Control of Premises . Full possession of said Premises, free of all tenants and occupants, is to be delivered at the time of the delivery of the deed, said Premises to be then : (a) in the same condition as they now are, reasonable use and wear thereof excepted, (b) not in violation of said building and zoning laws, and (c) in compliance with provisions of Section 4 hereof Notwithstanding anything herein to the contrary, SELLER acknowledges that BUYER is purchasing the Premises for conservation and open spaces purposes and agrees that, from and after the date of the closing, SELLER shall not and shall not permit others to : cut or remove any trees (except dead trees) and/or vegetation on the Premises, construct, install or place any buildings, structures, fencing, utilities and/or other objects on the Premises, or otherwise disturb the natural condition of the Premises . BUYER shall be entitled to inspect said Premises personally prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause . Notwithstanding the foregoing, the parties acknowledge that the above forbearance by the SELLER during the term of this Agreement shall not impact the existence of the previously-granted Brewster Planning Board Special Permit 2018-20 and related recorded and unrecorded approval documents, granting the SELLER the right to develop the Premises for a nine4ot cluster residential subdivision if the BUYER does not complete the purchase contemplated hereby, which Special Permit shall continue and be valid as permitted by law. 8 . Extension to Perfect Title or Make Premises Conform. If SELLER shall be unable to give title or to make conveyance, or to deliver possession of the Premises, all as herein Page 3 of 12 stipulated, or if at the time of the delivery of the deed the Premises do not conform with the provisions hereof, then SELLER shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said Premises conform to the provisions hereof, as the case may be, and thereupon the time for peiTormance hereof shall be extended for a period of up to thirty (30) calendar days, but in no event shall the closing occur past June 29, 2020 or such earlier date by which BUYER is required to close as a condition of its Grant Funds . Reasonable efforts hereunder shall not require the SELLER to expend more than $2, 500 . 00, exclusive of voluntary liens and encumbrances . 9 . Failure to Perfect Title or Make Premises Conform . If at the expiration of the extended time SELLER shall have failed so to remove any defects in title, deliver possession, or make the Premises conform, as the case may be, all as herein agreed, then any payments made under this Agreement, at the BUYER' s option, shall be forthwith refunded and all other obligations of the parties ' hereto shall cease and this Agreement shall be void without recourse to the patties hereto . 10 . Buyer' s Election to Accent Title. BUYER shall have the election, at either the original or any extended time for performance, to accept such title as SELLER can deliver to the said Premises in their then condition and to pay therefore the purchase price, without deduction, in which case SELLER shall convey such title. 11 . Acceptance of Deed . The acceptance of a deed by BUYER, or its assignee or nominee, as the case may be, shall be deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof, to be performed after the delivery of said deed . 12 . Use of Money to Clear Title. To enable SELLER to make conveyance as herein provided, SELLER may, at the time of delivery of this deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests, provided that all instruments so procured are recorded simultaneously with the delivery of said deed, or, for I nstitutional mortgages only, within a reasonable time thereafter in accordance with customary Massachusetts conveyancing practices. 13 . Adiustments . Taxes on the Property for the then-current fiscal year shall be apportioned as follows : if taxes are outstanding as of the closing date, taxes will be apportioned as of the closing date in accordance with G. L. c . 59, § 72A; if, however, SELLER has paid taxes through and hast the closing date, such payments shall not be refiunded, it being acknowledged that BUYER has no funds to refund SELLER for such taxes paid and BUYER, being tax exempt, has no obligation to pay taxes upon acquisition of the Premises . Water and sewer charges, if any, shall be adjusted as of the closing date . 14 . Buyer' s Contingencies . BUYER' S obligation to perform under this Agreement is subject to the following conditions, at BUYER' S option : (a) BUYER obtaining a favorable vote of Brewster Town Meeting, authorizing the acquisition of the Premises for the consideration and upon the terms set forth in tlus Page 4 of 12 Agreement, and appropriating funds under G .L . c. 44B , the Community Preservation Act, for that purpose, and, if applicable approval at a town election of a debt exclusion pursuant to G. L . c. 59, §21 C, so -called proposition 2 ''/2, for this purpose; (b) Compliance with the provisions of G.L. c .30B (the Uniform Procurement Act) for acquisition of real property, if applicable; (c) SELLER shall have waived any rights SELLER may have to relocation benefits under the provisions of G . L. c . 79A, and SELLER shall sign and shall have obtained waivers of relocation benefits under G.L. c . 79A and CMR 27. 03 from all tenants or occupants, if any, of the Premises or any portion thereof. SELLER shall represent and warrant in writing at closing that all such waivers have been provided as to all occupants . SELLER shall defend, indemnify and hold harmless BUYER as to any claim for relocation benefits brought against BUYER by any tenant or occupant of the Premises and pay any costs incurred by BUYER resulting from any such claim . The provisions of this paragraph shall survive the delivery of the deed; (d) BUYER shall have inspected the condition of the Premises and SELLER' S title to the Premises and be satisfied with the same, in its sole and absolute discretion, notwithstanding anything herein to the contrary; and (e) Compliance by BUYER and SELLER with any other requirements of Massachusetts General or Special Laws or regulations relative to the acquisition of real property by the BUYER, and BUYER and SELLER agree to diligently pursue full compliance with said laws and regulations . Provided, however, that if any of the conditions are not satisfied by the closing date, BUYER shall have the right to extend the closing for up to ninety (90) days by giving SELLER written notice thereof prior to the Closing Date, and shall inform SELLER of the new closing date at least seven (7) days prior to the Closing. Notwithstanding anything in this Agreement to the contrary, in no event shall the closing be extended past June 2, 2020 . 15 . Title to Premises . Notwithstanding anything herein contained, the Premises shall not be considered to be in compliance with the provisions of this Agreement with respect to title unless : (a) no building, structure or improvement of any kind, including driveways and utilities, belonging to any person or entity encroaches upon or under the Premises from other premises; (b) title to the Premises is insurable, for the benefit of BUYER, by a title insurance company acceptable to BUYER, in a fee owner's policy of title insurance at normal premium rates, in the American Land Title Association form currently in use; and (c) the Premises shall abut a public way, duly laid out or accepted as such by the municipality in which the Premises are located, or have the benefit of a permanent easement in the ROW, subject to the Restriction. 16 . Affidavits, etc . Simultaneously with the delivery of the deed, SELLER shall execute and deliver: (a) affidavits and indemnities under oath with respect to parties in possession and mechanic's liens to induce BUYER' S title insurance company to issue lender's and owner's policies of title insurance without exception for those matters, and SELLER shall indemnify and hold harmless the title insurance company for any losses, costs, or damages Page 5of12 sustained as a result of issuing a policy without exceptions covered by such representations; (b) an affidavit, satisfying the requirements of Section 1445 of the Internal Revenue Code and regulations issued thereunder, which states, under penalty of perjury, SELLER' s United States taxpayer identification number, that SELLER is not a foreign person, and SELLER' s address (the 1445 Affidavit" ) ; (c) Internal Revenue Service Form W4 or Form W-9, as applicable, with SELLER' s tax identification number, and an affidavit furnishing the information required for the filing of Form 1099S with the Internal Revenue Services and stating SELLER is not subject to back-up withholding; (d) an updated certification of the warranties and representations contained herein ; (e) a Disclosure of Beneficial Interest form, as required under GL OC, § 38 ; and (f) such additional and further instruments and documents as may be consistent with this Agreement and customarily and reasonably required by BUYER and/or BUYER' s title insurance company to complete the transactions described in this Agreement. 17 . Title Standards . Any matter or practice arising under or relating to this Agreement which is the subject of a title standard or a practice standard of the Real Estate Bar Association at the time for delivery of the deed shall be covered by said title standard or practice standard to the extent applicable. 18 . Renresentations and Warranties . SELLER represents and warrants to BUYER, effective as of the date of this Agreement and also effective as of the date of closing (subject to any subsequent notice from SELLER as hereinafter set forth), that : (a) To the best of SELLER' S knowledge, SELLER holds good and clear, record and marketable title to the Premises in fee simple subject to exceptions of record; (b) SELLER has not granted or entered into any options, rights of first refusal, or other contracts which give any other party a right to purchase or acquire any interest in the Premises; (c) SELLER has not entered into leases, licenses, or other occupancy agreements (whether written or oral) in effect with respect to any pant of the Premises; (d) SELLER' S execution of this Agreement does not violate any other contracts, agreements, or any other arrangements of any nature whatsoever that SELLER has with third parties that could affect the Premises; (e) SELLER has the right, power and authority to enter into this Agreement and to sell the Premises in accordance with the terms and conditions hereof. This Agreement, when executed and delivered by SELLER, will be a valid and binding obligation of SELLER in accordance with its terms; (f) SELLER is not a party to any litigation affecting the Premises, and SELLER knows of no litigation or threatened litigation affecting the Premises, or affecting SELLER, or any basis for any such litigation, which would either enjoin SELLER' S performance under this Agreement or adversely impact the Premises; Page 6 of 12 (g) To the best of SELLER ' S knowledge : (i) no Hazardous Waste (defined in Section 19) has been generated, released; or disposed of at or fiom the Property; (ii) there has been no release of any Hazardous Waste from the Property; (iii) there are no underground storage tanks or other subsurface facilities currently in use or previously abandoned on the Property, and (iv) chlordane has not been used as a pesticide on the Property; (h) SELLER has not received written notice from any governmental authority or agency having jurisdiction over the Premises of any environmental contamination, or the existence or release of any Hazardous Waste (defined in Section 19), at or near the Premises; and (i) No petition in bankruptcy (voluntary or otherwise) , assignment for the benefit of creditors, or petition seeking reorganization or arrangement or other action under Federal or State bankruptcy laws is pending against or contemplated by SELLER. SELLER will not cause nor, to the best of SELLER' s ability, permit any action to be taken which would cause any of SELLER' s representations or warranties to be false as of closing, and in any event shall notify BUYER promptly of any change in these representations and warranties . SELLER shall confirm these representations and wai7anties at closing, which will survive the same. 19 . Insnection Rights . BUYER and its agents, employees, consultants, contractors or licensees shall have the right, upon at least twenty-four (24) hours prior notice to SELLER, which notice may be oral notice, to enter the Premises at BUYER' S own risk for the purposes of conducting such inspections, surveys, tests and analyses as BUYER deems advisable, including, without limitation, environmental site assessments. SELLER or its agents may choose to accompany BUYER and/or BUYER' s agents . BUYER shall, as soon as practicable, restore the Premises to substantially the same condition as prior to such entry if the closing does not occur. BUYER' S performance hereunder is expressly conditional, at BUYER' S option, upon BUYER being satisfied with the condition of the Premises, including, without limitation, on not having found on the Premises any oil, hazardous waste or hazardous materials, as such terms are used in G.L . c.21E and any applicable federal and/or state laws, rules, and regulations ("Hazardous Waste") . lir the event Hazardous Waste is found, or the BUYER is not satisfied with the condition of the Premises, BUYER shall have the right, to be exercised in its sole and absolute discretion, to termuiate this Agreement, whereupon all the rights and obligations of the parties shall cease except those that are stated herein to survive such termination . Nothing herein shall affect BUYER' S rights under Paragraph 7 of this Agreement to walk through and inspect the Premises at any time prior to the delivery of the deed . 20 . Brokers . BUYER and SELLER each represent and warrant to the other that each has not contacted any real estate broker in connection with this transaction and agree to defend, indemnify the other against and hold the other harmless, to the extent perms ed by law, from any claim, loss, damage, costs or liabilities, including attorney ' s fees, for any brokerage commission or fee which may be asserted against the other by any broker in connection with this transaction. The provisions of this paragraph shall survive delivery of the deed . Page 7 of 12 21 . Closing. The deed and other documents required by this Agreement are to be delivered and the Purchase Price, less the permitted adjustments, paid at the Date and Time of Closing and at the Place of Closing. All documents and funds are to be delivered in escrow subject to prompt rundown of title and recording, which term shall include registration in the case of registered land . BUYER ' S proceeds may be in the form of a Town Treasurer' s check, and the check shall be held in escrow by BUYER' S attorney who shall release the check to SELLER only following the recording of the deed . 22 . Condition of Premises at Closing. SELLER agrees to deliver the Premises in a condition substantially similar to their condition on the date of this Agreement and in the condition required hereunder, removing all debris and all of SELLER' S personal property therefrom which is not being sold to BUYER, or left for its benefit, as consented to by it . 23 . Taking : Casualtv. Notwithstanding anything herein to the contrary, in the event of a taking of all or part of the Premises or access thereto by eminent domain by any entity other than BUYER, or in the event that the Premises are damaged or destroyed by fire, vandalism or other casualty, the BUYER may, at its sole option, terminate this Agreement without recourse . All risk of loss shall stay with the SELLER until the recording of the deed. 24 . Liability of Trustee. Shareholder. Fiduciarv, etc. If SELLER or BUYER executes this Agreement in a representative or fiduciary capacity, only the principal or the estate represented shall be bound, and neither SELLER or BUYER so executing, nor any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or implied, hereunder. 25 . Notices . Any notice required or permitted to be given under this Agreement shall be in writing and signed by the party or the party's attorney or agent and shall be deemed to have been given : (a) when delivered by hand, or (b) when sent by Federal Express or other similar courier service, or (c) when mailed by certified mail , ret rn receipt requested, or (d) upon electronically confirmed receipt of facsimile delivery, to the party ' s attorney at the addresses set forth in Section 1 . 26 . Extensions . BUYER and SELLER hereby authorize their respective attorneys (as the case may be) to execute on their behalf any extensions to the time for performance and any change of location and/or time for delivery of the deed . BUYER and SELLER shall be able to rely upon the signature of said attorneys as binding unless they have actual knowledge before the execution or other consent to such extensions, that either party has disclaimed the authority granted herein to bind them. For purposes of this Agreement, facsimile and scanned signatures shall be construed as original . 27 . Errors . If any errors or omissions are found to have occurred in any calculations or figures used in the settlement statement signed by the parties (or would have been included if not for any such error or omission) and notice thereof is given within six (6) months of the date of delivery of the deed to the party to be charged, then such party agrees to make payment to correct the error or omission. The provisions of this Section shall survive the closing and delivery of the deed . Page 8 of 12 28 . Construction of Aereement. This instivment, executed in multiple counterparts, is to be construed as a Massachusetts contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and inures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be canceled, modified or amended only by a written instrument executed by both SELLER and BUYER. If two or more persons are named herein as SELLER, their obligations hereunder shall be joint and several . Any claims arising under this Agreement shall be brought in the courts of the Commonwealth of Massachusetts . 29 . Cautions . The captions and headings throughout this Agreement are for convenience of reference only and the words contained therein shall in no way be held or deemed to define, limit, explain, modify, amplify or add to the interpretation, construction or meaning of any provisions of, or the scope or intent of this Agreement, nor in any way affect this Agreement, and shall have no legal effect. [signature page follows] Page 9 of 12 In Witness Whereof, the parties hereto sign this Agreement under seal as of this y day of Howty , 2019 . SELLER: BUYER: TOWN OF BREWSTER, By its Select Board i Coe Cynthia Bingham, Chair Iffather Copelas r David Whitney John Dickson Mary Chaffee Benjamin deRuyter 657067/l3RBW/0129 Page 10 of 12 In Witness Wl ereof, the parties hereto sign this Agreement under seal as of this day of t�Al(�C' , 2019 . SELLER. BUYER; TOWN OF BREWSTER, By its Select Board Peter A . Copelas Cynthia Bingham, C air ��' Gil Heather Copelas David ' tney John Mckson Mary Ch fee Benjamin deRuyter 657067/BRE%V/0129 Exhibit A Page 10 of 11 Exhibit A page 11 of 12 too rr. `� • �l Vai n r} 1a1 ] 1')) 'r \ C R lose 1mT 1-. •• r `� .�•- •• ' ) t�[sr c t `- )>ST s d(•H7� [ fc.Y)A) k .F r R-J1J7 k ti) L )f))tOeJ� � Y``^ SSnt EA1-led A tol tl fc f r 1 \ f•')l Tpty1 (ftif•L11W111 t 1•:7')tY' - = S,t, S'JAor Al4V tli•tll rraY 4.3 21314 M ]i) ,i ,]ISYfYE �(. .• •• 00 rin[ trAtH4 , >t RWW LPAY.TL 17 (s, 11T A-ra PAn•UA VNW&I j1/a^ �'%l� �1��CF�,is"- � It $ iifloi C ce Mu n: m pm � it nl�f O raTYl H S'(Ir a � 1[P. 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[[ +t»_ if -1 1 • 4 i w t t w Jt0]r tpls:r<.1 �\t` Rrl LOT R:NISt 'ty '• " i hI1tR J WL lot 01,111 1• 1, twoo l ATCtU /1f�.� - 111tV Mi 17147 x 4Y tl LiVpF F1:1 / a ti YrS1r� IS' 11tV1Uat1 IU) IOJI: ; LOT 31� / `At O.SII•0 so M 3T 1f �i Y OO 4 bus 2 1% K F!D>. 1p.9 aT ,Tn Fr a o3i j R � O Y).T IR.'f-s lol N A/yAfAt W foot r .r )) #y' t / L S.fC1t !C(vn S[OY(N II TryfV f<.]il 1 • r ) ! •7 /VN [ % 1 // VIE a t0i " ilr-w Sten zl El 1l L to, !FAM 5141tlw [4Rcf • CLL% KT1f FhHK II LO Temi vi of Dtx� n 1_ 1 ,Y i% IAVRl lOr( •\ OL T�t • tAVOUR 0)VR S '.1 1EAMTLg rrVtrY tOT DE Mr•r K HMrilL (i Mil ll II c1• lt-))A) v ( i f/WY l t6 6/F >:`w 1V IO LO`i. YOruf AT tUAa /.V acAYU Is Dts pormc A•O lltT Vi >OD; V r fl i) � Y • \ pa ��Ct ;U1i_) a.Sft SVic Santos N..VVJ APKAL 3 /f b.1D Or•Tt F+ 16CM CAIS SS i MEN.3 nC Ft IF •>i L T r Yy j;.1 10ia LDI[ p.k / N str1 /IN AWAJ11"GT /ttY VM I(ar1 Pierel Ay) tfrq!Vi tl JOS y (1 L)- ilFCTJ) 8 ) LL g � f tRLtOCW Vrt In 101 if � , i It It VA j VY_t RECORD O1Yh1ER/APPLICANT: }� if a T` ]T.7r ` � y F ■.3)P) P.jL J 'vY a Ptnu s yy 33111v1'r _ L.)L,�- .�t�` ...r At� Y NAM vu.Y) i[T(TI <NftA4 [1M Pt¢ . •• - R'+V (lff < Q ( 4• O) L eJ+ S •L jt 01tN YMl Y ITS a:S1oY r'o't l i fl 1. a/Lr V)iKIS•V •\ 1 - T >S RIa11 " Vv + / SLLtV. VA Nir] 11 if •SaTM 1 1 rAr'11]. Lt rq%LW 9 PACii To IT '" tat +}�� •r wv. L l<u a )LD A•�t� )1)�A< L) 1) -`[2[ fl.l4 �� flt c. U f /t,r,01 4 T tiA 11, r:o tn6 F)>t LSN /I[c AS •'1 i }]! i IIL t dja t �"� )OPili P4On p([rt XS lA:t 11L i I. • _ -I- - I�-�/, I "isitt•T• OT 6 rtA•f h' i )sa .atc rt, rs la w u cslaeo•/ '"� - 1 IC Kat ))SF1. & �G li(1• • y.s1A N. SIL 11•H L -@ j ter '- Ile K ttv� r(Y Is trasal v lrA .. 1531 1 ftr ocA+ aicf+. ✓ ly { 4 k ort 1 D F> L y / nsn l a , OPEN SPACE r�l Last. In cR.r rAD S14p. t a ` _t ] ) a• t ; r _- l-t�)t] . . irdl A0. !(I L 1 {tt T u 91 i4iii Yw ' riixtts e (b <Ir/a]:) K PA") i IF fr •T r t. S) [ A ALT / Ti ' PI (ill NSYSAO "mi%I i Tt J U413 AT It rt toIS 7441 i to lY ili'ol for [ LO11T 6 I C� ' S 0•t11e 1311( Pyr a1/ Y . 31T�y�l{ Ga to to ;1 l/'f<{• A k r I" wlf3 ,S [ �Fir71 Sl i l t N t II 1• l l> r Gtm)i a IAat'i-aC. jl vv s rAcctl u �1 .fb 4t. L4Y 1 Jar MOS74 ��{{ it L3 stillro TJI 11 ' RA it W+ �yy cw Ilvr 11 i iiil�i a )211 t WOO � i $p ASSESSORS MAP 9 PARCELS 13 , 31 -- 50 / M' a 11:4141 of ""WR ' tv na ru as r - [ ( NOTE : ONLY PORTIONS OF MAP 9 PCL 13 , 37 -- 40) x OPEN 8PAC8 LOCUS AREA - 23691 A RFS _ • mMARnVT+tR) - at ufnha) ff °itII"SA1C) ffr It IL 11 it.` YQp , 111 ' cm_ 1)e Seller to release all rights,' itle and ' interest in these two parcel;also . NOTES: 'a` oa rto T yY a sl i ) t 1 LAY) d !t!at s�tf,t0 tKOt acral S `` ull� SP µlc tact: I SI! 1r]-M Alts" r/3ttV rtt m1twJull tl - ltl )51.7A •At! tri IC1V V Lr+rrT,l allay Ay M) \\ M,10 l-OM1L lW1+A4 Lall la p �\ •~(41.91 fY>'_+L loos) 9f101 4 V NY WS atrSv) kMtSl4l tl .n(Phow� /{.-" 0 1 SD tSI CJ/S1tS fC>Oa Y1 JY KY 1,� V .LIN Y tW for ARL Yat's S [Cult TO t t be PA vn. s . ,lS kV IIn tttiVT NI1C � 11 04II.t]MT , F9US 11%1 IK•t Mt ttlll<•ti NRC i /moi TO AX) CX b'�S f1 nnotl AS[O FEATS! i)Wf44I ) ^ ,..=•'� '`` {.•T t lWAI ti IgltwV) Mau 1 V tfWD welt Toll/ x017 - FAt es)/ �16 V ) �• i cuo llloAt 1511 ndC AS 1 �OWOO� 0A RIll C) X1 ]Ori .A3 !1) 4 A au to Ray Ah M J[ lP AT.W cRR1CAT14! C0. b f Ip / • 01 N)1 !6 ]t.V t` \ J� I 1� w r!'¢ LO lost [OSTTJn 4 A119f"ty p nlf ypTi V tti�rU1 % \ [ CtDtp S".L It 1) lost Tssiarr t�tAr,o sptw [ v,V $ .w ff`un W A1rl aM wS '�1Y Ni 1cotF ;, //.- � •��\ �tr,���f,. ALLIc4n .)AStCVT9 /IrJly alt AS D In / . � CFA,ry MLI FLS MY lots VaC( ra ' IFS32TC.SJn 14•ST a/ co W CNC 1An':IrvA i � 1 p _ tT� ,,Yt JG Istr all rlcl tl tLL W IMSi FiJtN To it fit OI alt rpt0 it[rif of t I ?`'�retY �,t•t � t/9 �) N40 1)of /.b ASSN[iS[ " kvT 1. IF Cyt 1TTD K+113 it rAt4A4f ay AT lesson aAtiD it 1 lis )s 1i{A (UUJtV x[LiM at RHE Kx%V;S46Yf0. R1t 40>iVS /SS��a l Yt it rM^6 V1, PMT 6 Ma) S M SI J•�`1" to V.3 " som" Ab ctAt>vttS sat / ) Y✓� DEFINITIVE [-+ Dat`aA ) wW"ia n01AR hAV[ t t4TE 5„RY. r37.iti9 <sYt ♦ NF of td Ly,Or IJ[=1-1NI I IVG ALIO) URO M (N :ICrIi.COti VTVlna �{ 1 ,1 C .1 •Ib LII RTUiIa.]it )cl Act is �0.. )1 SUBDIVISION PLAN Gill Ol-c, A - 1! hli /^ W; E ' O"(FuM�. / VNtt1 NN �s�tttoA a 3.1r1y-lo)) )lU lrS+ i K ffTYltd #3A alt nay TllD ![it P-tOYYI ) J� A - 77 1 a•D SKK• tlyfi �ttyl AA • WINDRIi= 'T' ACRES A) l,tale+ a nii9 H TOT NM W)" r.uTl rt0 PS y)r TT r. rte" A)1a staslV/y TU1).S A•O ISA /0 lar1 `1w'W AIA Al aS 6)M1 [n a)l¢)AD Wty_ h N Iff RAH Miss 4-1F-1i yes alL Ill HAyT IlMolaa No to ?W4 w 12 BREWSTER, MA fn A!A133 1 A•t) cTTNVT A CaiZy6 A to 1q: so h! PROATIV ICA 1 col ritt PitAs•Iitfett ct•t(tYJ TO S V Ly'to •JLCA4 PEavt W' ME%T A OTAIDAT 10 R 1 llYt6 Work" - tTl0 sTAmaasIlal ICA PcviveM c �UI�ELAS of T,a V lot AY AAS S FOR tilwi N A1T41M. APO ~4x NU W T TAS (L tr RAY *is FYUAaO Orr In "let AREAS: UF4. Am 11. ))ll SV(A .RVL /rEt K aOIC h +ill Y 313 A sit:( TILVut ]-15-10 (CfvALF ] Is_ ym WOE is) c.YA [rat) " NSA K Mkw iY)I19 tit s ares mato salasts (vuc; vrt/ton) lAe tl,f to l6ff//IfF (IPV 1?X4 R)) 3215 •it uH I 7111 t mY1 t-1 -)Ila (Aro T)Ils/F:oeol fq/ enysTaV6 )oro lint t.OTt11)1 Y 2) 41 rat ILA5f4 nrl.Nn La'D ORS. TIYA[ Fa)ict37 /end S ru)Cv4 q-rF1B -l��APIv]cird•:r sin (co k) tttAVl lass) Sas a.;). Setts e w . I*l r� vv,-:.arrrnaa a-Arc ri1 PtrC ' plvA A 6lLLA Yl) �U Ix WA40) - Hr1n . - - - - - .u:s Tzv .lalr. �\ The Commonwealth of Wassachusetts r) Executive office ofEnergy and En"roninentaCAffairs ' 100 Cam6 idge Street, Suite 900 Boston, WA 02119 Charles D. Baker GOVERNOR Katyn E. Polito LIEUTTNAWOOVERNGR . Tel: (617) 6264000 hiatlhm A. Healon Fax : (617) 626 .1 18 1 SECRITARY http/h+%Nte.ntas4.govAra Mr. Mark Robinson, Executive Director The Compact of Cape Cod Conservation '1'rusls, Inc. PO Box 443 Barnstable, MA 02630- February 14, 2019 Re: Conservation Land Tax Credit Application # 0470 0 Nindrift Lurie, Brewster, 23 .91 Acres Proposed Calendar Year 2020 Gift/Bargain Sale Copelas Dear Mark: "is will confirm we did receive the appraisnl . We cannot issue the Part 2 approval letter though because calendar year 2019 funds are fully obligated to other projects right now, so we will obligate 2020 funds. Towards the end of calendar 2019 we will send you a Part 2 .ipproval letter. 1n the meanthne, be assured that funds in the amount of $75 .000 have been oblieated towards a 2020 tax credit for this anulication. Also, any outstanding items from the Part 1 letter will also have to be satisfied. very imnortaut note: The conservation land tax credit is only available for donations made and recorded in the same calendar year as the credit is claimed . Therefore, you may not proceed with the closing on or the recording of the donation until you receive the Par/ 2 ,ipproval letter from its, clearly specifying when the donation can be made. Let me know if you have any questions. utccre y, Thomas C. At rson ~ Program Coordinator Exhibit B Page 12 of 12 MAP 3 . 1 : Topographic Locus ( Harwich auadranale , 1977 ) ON It N �r Legend n . QApprox . 24 -acre Copelas property t7 +) J e - ! � +INA - . n rl .No ti - I to No I Stough .. Xrj kL 1 ' U , � INN& INN, wMaimNot. 49 00 ` Cb r r,7IU ( / No tj Inc Not . W 26 CY(Tond 29 an figown • ' ` � . Pop too W I toot, Now l Po rt_ d '` - n beIt f •30 t f, }y JJ tip` X50 � � i t ._= r>1 Noe I� —� --� , I cl ° roping 1r r� o �, ~ ieMbo r � _ ` ; i '�t o ta . on � it NO a ROU P � NOW �N� I I,� A? to 1 r 1 It No 1 1 1 fir— INN NIPPON, Not Ll Nor Map prepared January 2019 Data provided by MassGIS 0 400 800 1 , 600 Feet Parcel layer provided by Cape Cod Commission MAP 3 . 2 : Town Assessing / Tax Map —Compilation ( Maps 8, 9 & 10 - showing 2012 Sub - division plan )SRV pd EY 10 , u X. 1 EWW Pend Its If / < AX L ! u. SS r< �< rOR -< - < < ' c� :< Q 0 MRa Plax 44 fV RV I18 Krd� LOCUS B 1 layEWIS Fad MAP 3 . 3 : Current Definitive Subdivision Plan with Locus �j, ro 9 1.�,•,. . r 9 .a ,,, LOCUS May, 9 nt,);, a )5 ' ; ��.,[ 10. SyMEM .P.� 35 IS ally callato b;, p' t037.57I IE ISrWH qc�Il ' At P �l15Y Z ��==2�9, - �-s FOAV � 01 LL • , LID gaeow . . _ ,; 9 � � sr -;'e, ' 'ate L LOCUS MAP BREWSTER PLANING B RD WI SStwx5paA;(a[a5MITWtItINFICS1 at a L°r Fa tan is it ad r�n>H� r� .LaRoulr Scgom w.»_R nu suecnrso, s, crE aAt $ Anu AIws�n u•k 31- CC•InrTY [AM is RZLWFFO riu Aii joy I;t0 )'.c , mr 0. V poll 'L m-Aro Jl LYIJt I r� >_m5Y t r aw„•� k."IX"xr vim ` \\ " " CaAhnro1 '440111 ., [ate °5 } r-1�2aIS LU� ;f°+ " . n 1 /� 11 LOT qJ PMC[{ ts � Je ZOMNG SUMMARY /!) pam 1 s q ai9 ._ q\ >' x-n[.cc SCA w.l Pcsmrx >snn _ (;� ,c 1• ( swam '' W.: � , urc`iiQbio, My `IN [+mnA¢ =11 `r' ,i7Ar f ,ns. _, acw�coal ` 3 No )FOII mug" W AT s9CM s[,9,t. 1, QD.,Ia zn, L XXNACK rC�� (c9) Q4' Wim^ / IJAX HAS. EADC.'�ivrP�Aa Y 3 111 ]LSL°'rw s al ME SPECIAL A'�'i, IT r IX rzArzS ,U S,: g at j aKn ,. a5 Ac O55 k� rtA OMICTINI�SMCI 0.0 , L law s � �N ;i IOWA Gla PG iii' sr-IzfIr -, ' "� mark 27a MF 1 � // R ' w.. 9 .IX °, 9 K,r 1 �.aa1 oijkli ,r W% � Lon 1lom P.;J r w aaT ">Aui ¢Swc°ov va wrcc r , _ ° e- aV Val ,m7 RECORD OWNER/APPLICANT: fie IMMOUS Paid. Fair Lot 1A 1; Saw .�,�, zta't A= ^ E ' , u 9 PN[or • PLAM cv[An 1. °,r_ TOM ars ii -Q„x ' W:�. ti ,mo-I'd[4s[ 6 � i�Aw j @ "/r ,cw,u 'v"in,°CSTu:e,925[T if _ May , _ ' a. AP •� REFE01311) RENCES {«` a `� d9e.un to ' n usnrnr ,.x 26947 PAM 47 =#CA � ^ `, ¢qty a /tl / nsii aoz oris° vocal xt m INAM AM 2155 malleaVaIr .,, li s,' ;' jaySolved ''; -,a°• sell uJ 3 Lor a ' at q'UnL � y. )) • t .t tZ Y +I�O7aa[,C.,Y+, lac " asrSSA_ L . + .. 4H'+9VYC9.al aAP o.ra ora K rrsw x mo , ;r fr E.srv9w* isa5rar• -. «, w OPEN SPACE �i , i" K71' t ' - -+orro • nes AG Ij as �.",P „N° - -5a,!' 01 ,Hors) 1, Raw P YG55G ts�Ho -[aaCOi LOT y[, E [s�A.R ! ll yb: + ` LOT f • 4 ' ]ea` )I 4770a 167 INJES e 311 ' ° { Came tas +ssY H + i,a- [ ot ! Ali 10 FIG 21 Cool Ed It re SAXWEIFER ms, ro to S �i � L 11 MAP 19 ER Pu ! 110.11111 05 7441 )1 _��v///�JJJ_ FIT 315 pa to .1 P-a ASSESSORS MAP 9PARCELS 13 , 31 - 50 ^ ' '- ( NOTE : ONLY PORTIONS OF MAP 9 PCL 13 , 37 - 40 ) OPE , SpACE LOCUS AREA = 23 . 91 ACRFS (Car r�g AgOa vi ) ) 64 Futo 174 rG at1 6 1' dC dC 1; V. FID Seller to release all rights;title and � interest in these two parcels;also. NOTES: ;:e cs no arc`ao r'r"iR ao,°[ v � 1 um as 1111-36, M r saTnnm v Ew s[crm, to Llief9�i5 reirsA1r4ma[° a.�"r-, en,w° ti ,[a z ``�`:. °D ,v Sui r a[•.w nu`�rsutc.5',Pz'.11in.l uIL[z (/II DYNINA A `IcuT WAW•,a�rfee1�' "°"rs ul`x-+e.us 3 e Slovak V M tot AXIS cal WE a 'a u e`:n pla OOIXA,'i°n arC1P,.16[M AS £ 55ta [ S "--."--� THEMIM _ Musk. /X . yoga? THS 47 CEM � 2543 PACE 345 DEE) avoid: So I r t,s Car Stu 3 y No KHA muwrs uier P9�a Milharc wm1 TIE w r`°A, as Cy MIT o9 _•ri rc WSPINEW SANT 92 Ixo^ CAPE uwtu A - a5-, anY IHAr as 11`u a MME of 0T TAM; PROPETY AW or Astripm PRWEATT ARC I I o'i�o°1 EXE ' +aes w me u _ .,4rso', d W 11 a Taliciagov, Attar AT CENTS eid To cenx mm uaART 7S ry TW y%J1A1W`= mm nAarcr u w a vci m s a`,,,Woga 9 a �'�TATE AkE �XTY$ t ice` rs mmN � n oe 9r� DEFINITIVE s SUBDIVISION PLANWSM 9 [� 0 - & OF IAI ",' ,'mina�Av{ii[OFILED u°•e�."-5220' o c� � ,,, ✓ Q" WINDRIFT ACRES n[a Pl ra ua "Ace umr w =n 101110017 " ° INS WI <5 sAIDEJ IS a'p lY o� � o w I ro •t BREWSTER. MA _ Coal ' wrA,m yr w 1171n.� 7 may Magwir ['� o "` u�° PnQ?rw[n raQ IVE ia �", ":;'° aA "M „° PETER COPELAS LA�Tmc n'w'��Pw.P°�-w AREAS: ro APP,. 12. to,o a.eeA nus s s {n*u 9-95-+9 aw.n ' t nCiJsm mrz M u[°1 "Ace) I 1 �~^•'^ Hao- 5-n-tmn t9mcc [RrAors) /°w* "Ar a�hrrrir�, hc alba i� ,F i{Nsm r-,-n)r lw enghesrs [oru LAW A.,a ss•, ! - t ,c>: an,�z-,r_ta,e wA our Ct�c PM•m)s) P e se.wras !JT){ v �TFrO aAuu. AOA„L� )' as.rix' tm m �e , ,'� rurcvAr J` VA ease rs MAP 3 . 4 : Surrounding Protected Open Space ►`— vationpaea Com 54. o1v V ConSedbyTO� Co 2006) I :.1,, ,,}�,'.r 10369 ELBOW 0 dD Dee pO' ` ` 1s' j POND aC1eS 56 — CIL - too • i�j 09.42,:. i• �' ;CR-22 310193 Sa Ft etoi US MAP COC • lott , - '; 111,x.1\,• '17459' ��. � �/ L ,M�3i �W,- .i• �.ir lit .aoa r99� . L9 ,aa ' f . ,• t GR 1216 `\ 9C6 a Ws• 199. I,eu m9: Y. 0 i)f 11 . � x, GR- 59G MPI, i m99M. 9,n6 (�p.t6 -� 11 J} . . Z &S9 Am � SUNWAv Hawk' s Nest Farm t: ' �' 1too,r Conservation Area '„'j5• GR.20 411 ` W •• , - Owned by the Town ConCom, • ' a . 29.424 59 F` 1 . 88 acres Deed 12018- 81 ( 1999) ;eg+� Am " " vR ass .4a "t 'A'0`9 '•� �'• GR-79 . 27 acres :- GR,=2 : � V 80532int Am Sq Ft � _ � T1 : NM A APPLo - r . B4O,fi 59 Row. SI 9tl 11 5e •14.1 // O,b4 Ae.:J 9 PO. 1e) ` MRAX8 ' 2Y '/� �r $ GR-18 S e 6: . 6wi5 �' 1111 y1 r S27.6654 Ac F S./ au P` •4a4 � '� ��t�� ti r 7— •:1. 1i(( i , .NAP 994. t p ” 1e /:u.t1 n_ 28.506 S9 Ft -. 11 t'•.'�`• : lG. i' ¢ . • + acs Ac j 1of :i/; ; :;.r.• F6Aeas a Angus A (-J \.! t.- -'• � 1 29.604 s9 GtQ • 27.664 AS F to. 119114 �5�. , • j ace AcONSET r fi jr ozm C,• ,ss9F F III Lot Iton 10 U % to ^,,.,�y1 28,BE8 _0 Fty , ;' 0.48 6c P0. 4) Belmont Park 117 c� llA"' GUstody asc e� H ,el.l 1 'TOS gjateY e well-ckilling b , Y.•CR-15 r 1,611' j 19,673 Sq Ft 5 in 012 1 iM45 M, � Ct1o11^, � Zg Z } a ,ia sa F 9» GR 14 sy : is a) 4 2 1 OL water p �4� �� 1 91 ' w M 42 F 455 Ac AV.1 1LJ l� 2,,3{] 59 Ft No acres Dee ;i = �,a]3• r _ ' ^ GR-73 }�� 1 331033 Sq R of •MM >.e, elmont Park subdivision �j GR-12 pen Space Area, 65,243 Sq Ft Land ' ��• caned by Town Selectmen, Town Con T 34. n Concom r GR-, i. 6 acres r_ 260 Sq-F) 479 Aa 'ti , pwne Bk 31184 , Pabe 19� (ppc1 il 6 > 20 ) 16 - CC Fish & C!1 21 acies Game or Club open space, *4 1 5 acrescjrr140114 ` X11, . . a, 0 ,5„w . .4, NA. 9 .a >) U, Nati� ntiand O , N cOnse1 $ ages b1e p5 inc e� alsote 199 e »a 1 n � d5 � A Q t ' . . i • rl arses -.} I - 1.14 -11141111 101"1" MAP 3 . 5 : Natural Heritage & Endangered Species Program ( NHESP) BioMap2 Core Habitat and Critical Natural Landscape 4 ,97 � ! SOURCE : http ://maps . massgis . state . ma . us/dfg/ tJry biomap/pdf/town_core/ Brewster. pdf f Mass . Dept. of Fish and Game, 2012 Ib3} . 4 447 442 6 - 440 "Core #509 : A 3,260-acre Core r Habitat featuring Wetland Core, Aquatic Core, Priority Natural Communities, and Species of Conservation Concern. 15 Krim` A large Core Habitat in west. ° Q@ n n I S ern Brewster and neighboring � ; i► , � � � towns stretches from the Mill- (n L fdponds and other nearby ponds hWa northward to the mouth of Quivett Creek. This complex CL 349 '1 g landscape is home to 20 rare and uncommon species" BI' oMap2 Core Habitat i Bi Map2 Critical Natural Landscape • i • � • I I I I ■ ■ � ■ �� � • I II ' 11 I 0 I I 1 r • � r� F r • 1 F 4410 ridD • ` ■ mo � 1 Ago MOO v• ` f 63612F JL r .�li• t , c •--es '�tb th!'n - ti;Vii::tee'/mffillnim llpiRI R ' 51 L'ia"s'':r� : • W r2`�q��l�lFo`e Ys?a^+q� ri: AM -moi ,� • �(. _C�'_ 4`' =n3;:te• ovou M Isla Low W"WO Ll Ism AM I Wilk Is alty 31111 So Woo 71, • � vsIM. ` n . ♦C . .y. • • • • Too OF Won NL i.� �•\ 7. i� 1.. / f./�tih J•7P' . . • vu• `'. .i • • • • • • 'ar _ 14 , ::Si14 Alf d^�ii,XtL\ • • • � 1 no oe ' of 4 ';r poll AM alp ,o � ■�� - . mawIF174 IN oma`►a 6 Nk�III ;�:�.5�, ��'� MAP 3 . 7 : MA Audubon Mapping and Prioritizing Parcels for Resilience ( MAPPR) Habitat Analysis 6 - g Slough \ 6 ' Pond { o� s 5 Wolkgrs a 6 6 `� 6 Pond 10 Priority 7% 7Pine Pond �,� ,i_ o ❑ High Priority Parcels % 7 4 ❑ Medium Priority Parcels 6 ls ; ❑ Lower Priority Parcels ` yNL' tir pi a i \ E1 B 10 9. 9 Qi: s In a Balanced Model run of 10 9 9 the computer analysis of 7 'j7 1 7! _ _ habitat significance, the 7 't� � 7 7 7 7 7 71' 77 24 - acre locus property . 9 ' I c ranked among the highest LOC Sparcels still to preserve in _ Y 9 SW Brewster, an area with 7 9 many highest- quality _ e 9 e s parcels remaining in the - 7 8 7 town . Wmont P a V g it C10 s �c. 0 Iue MAPPR Tool Mapping and Prioritizing Parcels for Resilience (MAPPR) allows land conservationists to Identify the parcels within an area of interest that are the highest priorities for protection based on habitat quality, climate change resilience, and other metrics such as parcel size and adjacency to existing protected parcels. Analyses are based on open space data and assessor parcel data available through MassGIS as of April 2015. As a result, ownership information and protection status may be inaccurate for some parcels. Check with your town assessor for the most up-to-date information. Please email any comments to mappr@massaudubon.org. Instructions show Examples show Study Area a Filter by Parcel Size Brewster x I select min parcel size Pre=calculated Models iko Filter by Block Size (Unprotected Acres);® MAP 3 . 8 : County- wide Habitat Analysis / Ranking using MAPPR © Namgcloc On a :ounty-wide analysis of unprotected parcels a Flei hts greater than 20 acres in size that are located with - hite Island Shores in BioMap2 Core Habitat, our 27—acre locus is Say :rmom Bcaci� z z 2 2 highly ranked . � ' 1 2 2 2 ; 13 2 Sagamore 1 25andwich i .2 Brewsl�C3 E 1 fir Bourne b. 2 '��11 Ru"Ards Bay 2' pp t East Sandw c112 Eaf1D nit 2 1 1 22 2 Dennis 1 Z! t 2 2 2 3' 2 11 . ♦ I4 Monument Beach rkn Au Nothvwl Gwrd Basis1 % 2 4L ` r 22 2 2i 1 1 1 • 3 2 . , West [ ltrnstoblC 2O YrA 1 s5Z Yalmoullt2'2r1 Mid- ce East 1 1 1 1 oresldalC fib. 11 a 3� 2tAW t�rx Hw1 1 12 Pocasset . 9 1 1 © r r#PtttrH 31 `22 21111 11 South Dennisl 2 Harwich ' t 21 j I; 11 2 ,2 `{32 1Z. 2 1 3 1121, i West HarWch Cataumet ' 1 1 11 1l<;, mouth 1 9 1 1 .11 ; 1, 1 1 1 • ' i Dennis Port 1 2 2 2 Marstons Mills Centerville Hyan 1° ',ii;'ti 11 '1 Nort 2 F:11 u1L '3 = z 2 jt;�:_, j• i 0.1111 21 1 2 ', 22 , rr l 1 1 1 223j 2 1 2 osrl:rville : til %b 11 1 1 M -sh ^a 21 ;3;2:212 Cotuit 1 1 st Fli rif'outh 222 1 31 ] 1 1 1 East Falmouth New 5cabury � - - - - - - - - - - - -- 1 Teaticket wY�t `f Priority 1 1 Falmouth ® High Priority Parcels I tI Medium Priority Parcels - I re ❑Q Lower Priority Parcels MAPPR Tool Mapping and Prioritizing Parcels for Resilience (MAPPR) allows land conservationists to Identify the parcels within an area of Interest that are the highest priorities for protection based on habitat gyality, climate change resilience, and other metrics such as parcel size and adjacency to existing protected parcels. Analyses are based on open space data and assessor parcel data available through MassG15 as of April 2015. As a result, ownership Information and protection status may be inaccurate for some parcels . Check with your town assessor for the most up-to-date information . Please email any comments to mappr@massaudubon .org. Instructions show Examples show Study Area Filter by Parcel Size / 13rews;er UVil X select min parcel s¢er Pre-calculated Models r ; Filter by Block Size ( Unprotected Acres ) Balanced Model select min block s (ze O Resilience Model Source : http ://www. massaudubon.org/our-conservation-work/advocacy/sustainable-planning-development/current-projects/mappr-project/mappr-tool MAP 3 . 9 : Index of Ecological Integrity Habitat Analysis , t ' ja �, � l .t ' at / ref1 k '. . ti . , a J�f IF IF IFF rip itic oilfrE' fffi � � � I � � � ` ' 11 Iit a� OW 1;0 11 40 NK �. OF ti It 40iI � ' i :j , The 24- acre locus includes , ' unfragmented forest with some of the best habitat integrity in the State . " / It l . a ;� •. o- ' 1 nl • � ' :, iIF Fj i 1 to i N p r' II IEI, Index of Ecological Integrity r. Top 50 % of the Landscape ' _ Forests Shrublands Coastal Upland Freshwater Wetland & Aquatic f IF a - Coastal Wetland & Aquatic . 4 • `` 60-60 60-70 7"0 60.90 90-10046 IEI I i � The IEI , or Index of Ecological Integrity, delineates the relative wildlife habitat and biodiversity value of any point on the landscape based on landscape ecology principles and expert opinion . The IEI is calculated by the Conservation Assessment and Prioritization System (CAPS ) computer program developed at the University of Massachusetts , Amherst. Depicted on this map are those areas representing 50 % of the landscape with the highest IEI values; the darker the color the higher the integrity value . For more information see: htta ://www, masscaDs.ora , MAP 3 . 10 : New England Cottontail Habitat Focus Area To try to prevent listing of the New England cottontail (NEC) rabbit as a federallklisted endangered species, theMass. Div. of Fisheries and ldlife has secured federal grant funds to improve habitat quality, through landscape management or known . occurrences of NEC Cape Cod is a "hotspot " in the state_forNEC. Areas identified with important habitat .and confirmed reports ofNEC on the Cape are shown as focus areas in this sketch (Map source. Ma, OR 2010). r f V ME 1 JcJ �- VT NN �Lr Historic range Nr of NEC (ca. 1960) Current range Ma of NEC (ca. 2004) Southwest Brewster Cr ° . WIm . . is a New England 14 cottontail hotspot. r i Brewster[ O 1 � 1 OF a • • • 1 • • • • O • ' • • OF • . } 1 I f -f +��cf {' f� 1" t ra+ 1- I . F ' . •' to,. . 1 pk, . ��*joi 04 So • + It mildouJoalo 4 Idol It 4 tip 0 did 14 Ot 40 Ir - - 1 ♦ . 4PL od p Pro or da our IL r2OL a pvf, dim" �Q 4144 OF ..; -pro %j '`" ' rr e. . . , . Oat.Mod— od 4) <• _ . n - :mss • r .� e { i . _ _ _ � . Aso IV . I • - 1 IIF It Ilm Ito s K4 ift lk ITS Itt [ SS • 1 • ' - .. - -I - is y ; raHf7n 3i o C7 t la 1 w 1 F .,11 r a cf) _ ; Dmcn a - - CD (D N It 1�. FD � • 4 j 3 C CD _ t c r't' O f ^�, 3 {i 4 CL m m l N f hi , A 6r C � CD lot =y . x n .A s - i rtoa i ' IV I y � • dill, PO is IL 1 . i• ■ /� Y r ♦ \ ..�.. I' d"'ON r, — _ C. n ME TID r • ti jThe surface watershed for - Washburn i • • ' • • ( outlined in r 1 yellow) provides q ,r t, • r • • • - Pond, surface• r _ ►- elevation on • wash channel . ■ i • • ! Fri Acquisition of . locus • • • - rty ( outlined in - • ) helps to preserve IF F quality in the ' • • and its or outlet r EL Air � r ' ■ LOCUS `Littlefrelds bond tPMSI?hum Bog pored Harwich Tom_ f � i MAP 3 . 14a : Brewster Trails ir ® Brewster Conservation Tnlst' or other non-profit'• Bre. ster Conseiwation 7Yust CAPE COD MY F+fit+ Orleans 6 d: Town of Brerrster Open Space" P.O. BOX 268 $rester NIA 026: 1 ' Soma w-+drerdylnlorn!alaccsss n-wig .hretvste.rconsen'ationir-usi .org 3•er, F 1 toState Park . ♦♦ .�Fdwer LanY°g IIANW �� Guide, WaIking area °� ♦ � e � . =s Town of Brewster. NIA Othor Arta od Walkin_ 9 Area o� / P n ����, .•• r Pp rt5`6'1w.tU\5'q.ttTL'\�SIdr.nla.us �•%' `_ � OttOJ ierWalking Area « iA ^- � � O � u •• --r� ===� �° ococ; Qua Ga n �� =i e 4 c- �f_ Xu/rr Cape Cod RailTroll 4 PonaFacxs �� a E+�e ��.� 1eJ nj-+ Ml P ,r, r` ' •Ufko ` Q ' ,� V 6-" \v;'.;f`r Orleans © Cape Cod Rail Trail Parking riiac; •,r,.r,r;, °v% ♦ MCKM8aH f STRA I & /qd of Pon SxnyT - cl ♦ t Paha, Gt � nTo«n atuDem �S�irsy qoa a '' HJ1 . ,civr�Icn K i 7•m:: \ 17, °� cO U an -N-mv ie, �Hn:r • ('rcd GW r `Ir r,1r r O L o "tiuc 2 9RF � c• n J' Drawntr • : ¢� Mien Enos' � Lrdr Dennis n 6 ' _ i ` Q raid N\ 4 T4"6yy'":; .. l�°at1 ' -��:.:, �. l:.,J Arm, STAR NICKMoK 62 Or . N Ibsr 26 r�te_nyy; Reay 7v =hr 6:rS��.„ ?mcn Wit SI:V4rQrirM1l 'tU+t a ` sFwd Ilk S O. (T ' i 3 Lrr.rr r.:�r yj ••Nu Frcerians • , , Fi°�stm ° /R 9 t a Mil: P,f fi,,.ia; + Shrr py 3 Nt r Lry�J ° a Y © • a?a 2for it7 :� �yetnans 44'at• b� n t aI 4 `�c cWfcvaro : a� L!gpM AII t?W � h , jelly e wy \ Srm�u� 4nrS FSnul 21 \ N nl:+rsfr IUrdt)ronN (TM r� or \ c Harwich 1 /1 d /ria � 3 4° \ Gran ` jt Rd ' ' r p� " ,•t Hinilrrr Brewster Walking Trailsa °si � iJ . � � Harwich 6 Eddy Sisters Trail Den s powd 1 Quivett Marsh Vista 7 Spruce Hill Conservation Area �.� 2 N 2 John & Kristi Hay Trail 8 Sheep Pond Woodlands aµ 61170 3 John Wing Trail 9 Calf Field Pond Trails 4 Lee Baldwin Trail 10 Eagle Point Trails 5 Eddy Bay Trail 11 Seymour Pond Trails MAP 3 . 14b : Public Walking Trails Mother' s Bog MOO 0 1440 7 %' ' � r '7 i �it r A network of informal trails are r } widely used by members of the --- ��{ , ___ . t public throughout the extensiv — -- -- - _ woods west of Slough Road . - -- The Town maintains a formal yparking area on Slough Road at . Mother' s Bog . �i 4 46 9ft M ho 04 - 6 ♦, ' .- ♦ Rte/ ' Ir -.4JIr 1 , ♦` ' r MAP 15 : Historic Resources. Meetinghouse Road/Cartpath 26 .Y Source : Harwich Quadrangle, All USGS, 1943 .Fond Age •� rte, 1, fes/ 2s ° 9 S Meetinghouse Road , also � known as Old Brewster- Do - i Harwich Road , follows a natu - �� ral slough, or shallow glacial ' I outwash valley. Historically, it 4 , if 3 connected parishioners on the i / . •� 1 1 Southside of the Cape to the fl q 1 ,, oP colonial churches set up on the ,rte' � ` ' + o Northside Ba shore `�-►' LOC older N r or y settlements . In 1806, Brewster and Harwich divided into sepago - oVo 1 II ' • 11 ` -� ; ' ' rate towns, partially so the vil- ? lagers would not have to travel 09 0so far to go to church on Sab - o O mom a } 0 bath . The 27- acre locus property o � � . p o �/^ •y ` •�., helps to preserve intact this o : q _ •,�i c . .? • important historic cartpath GNP 4 1 through the woods from being 2 . ; a64 X11 obliterated by residential 0 11 development . 41 I I • Q 1111 11 � � NAM :� SIS >� ' if, • � 1$. Rzw `fA ;p Win. Amr ::' �' -^" 119 „ YWAMv MI �' lmore%.:Iw ��a is O , aq FAA alias ralffa Pon mg,Ask Mae Am mtilp Org ' �`ill< :t:t1Vale w. > j.`.iwrry�Fg^i : dp4� . %r .Voz,r^;' f\"r -%�•ti�'s ,`% • /I.ai�1— � �.Yxc�Flot p: blai+ � � piS Ash miss am I � swya� m e� is All am Z. WIN PWA I law ads w —Olva'als- At It 1 -4 le- U MI %IVI still NA �``rf-oaf ♦ '-"'� .a�L ,y a.:•,� .. 3�_i`. ,tiy: � •lea as Are As Mor FIJIs .. v r' OFF �<'- r- eJ Fall ry I. m'No FAA Iftal arm, am% 6 1•c Z3 �.r.tt -tea►' ' �Jr. Arm lall�~ - u�r !sai !ice �� ,I" 'T S a.mwar in _ _ no 1t �. + I Li aIs m3=0190 MAN IIIIIIIIIIII'l3v al a MISS a A,'Aqtp Mi ma AIL AV Im Box All MAP All 00*10N�Rw i �w Q it , 1 � .a1 . � ', a7WNOf �^�1 „yam © � : _ � _ me wAfg!% Far LAM va IJA well pavil # .' :l t JIM „ a nP I' It , ' ►� = +I I ; iif areopposa 16 �X11111, �1J% ^ rso'+ :lem.lial • � } r `�k�li� L �: e Mesa Form JIM 700RN !r ` Its �- are VIA MAO Q NO - - • a� p �_ - MI ro Is Mal Oil Ilia � l 1 1 1 i • 1 1 4 1 1 MAP NOTES 3 . 16b : Town of Brewster Archaeological Resources Map PRIMARY SENSITIVITY ( 1, 000400T PROTECTIVE BUFFER ZONE ) : This area generally includes all areas within 1, 000 feet of a marine ecosystem, particularly those areas within close proximity to fresh water. These areas have a high probability of containing prehistoric archaeological sites . The four most important areas for management consideration based upon available data are : Namskaket Creek and marsh , the Cape Cod Bay shoreline, Stony Brook Valley, and the major ponds of the Herring River Drainage System . SECONDARY SENSITIVITY ( 500- FOOT PROTECTIVE BUFFER ZONE) : This area generally includes all areas within 500 feet of a water body greater than 3 acres in size that are not a part of the Herring River or Stony Brook drainage systems . These areas are likely to contain prehistoric archaeological sites, particularly is they intersect areas of primary sensitivity . TERTIARY SENSITIVITY: This area generally includes all areas within a protective zone that skirts wetlands of any size and water bodies less than three acres in size . Developments that may disrupt the natural character or inhibit public safety are prohibited in this protective zone . The delineation of the protection zone is defined in the Town of Brewster' s Wetlands Conservancy District Bylaw and are subject to the regulations that constitute the Wetlands Protection act, MGL. c . 131, --40, as amended . Archaeological sites may exist within these environments . Maps originally produced in 1993, with revision/updates in 1996 and 1998, by the Cape Cod Commission . ICA JO � ' . � � i � . l , '" L s _ * -OAK I AM s, , LSC r � • y -01 14 41 to .r . r, . � i lora �� ! '• i . 9 - f � j Si AV 1OL Ow Ole A . r It jIt I It ey � i. .. r: IF I. ILL �jI or 41 A ' , r / - , / , L VIA rOw .� 1 'n 1, .ter i > �+1 tae4 r1A, t, 41,0>10 OIL ti A All 111 11,Ita All A is IN eft! ItV,IV OIL Or 1 s Etre' _ 'J l 's • "� I ' ' 1 y' s ' r ;/ , ' s i , A FIR t it ,. 1 ` 4� • 1 L Ir it -� . / f •, , - ' �, OIL al A LOW •- - , , IVrte, _f All OL ' . .. do A A '. i Am Ill t L . i 1 5 . LETTERS OF SUPPORT 5 . 1 Brewster Conservation Commission , Noelle Aguiar, Conservation Administrator 5 .2a Brewster Water Department/Water Commissioners , Paul Anderson , Superintendent 5 .2b Brewster Water Department/Water Commissioners , Paul Anderson -Funding 5 . 3a Brewster Conservation Trust, Amy Henderson , Executive Director 5 . 3b Brewster Conservation Trust, Hal Minis , President -Funding 5 . 4 Dennis Water District, Dennis Larkowski, Superintendent 5 . 5 MA Natural Heritage & Endangered Species Program , Lynn C . Harper, Habitat Protection Specialist 5 . 6 MA Historic Commission, Jonathan K. Patton , Archaeologist/Preservation Planner TOWN OF B o'�' eaEwsr `k: R>JWSTFR OFFICE or 9 2198 MAIN STREET CONSERVATION COMMISSION oBREWSTER , MA 02631 r r PHONE : (508 ) 896-3701 ExT 1135 FAX : (508 ) 896- 8089 �ReAd91i6�hY• CONSERVATION @UIt E1VS'1'Elt-MA .GOV Februarya , 2019 Open Space Committee Community Preservation Committee Town of Brewster 2198 Main Street Brewster MA 02631 RE : Request for Support Proposed Purchase and Preservation Windrift Acres , Slough Road - Conservation Area Dear Committee Members , 510 �< h l2vtc�' The request for a letter of support for the purchase and preservation of the L-e-R Rd Woodlands Conservation Area was reviewed by the Brewster Conservation Commission at its regularly-scheduled meeting on l 94 February 2019 . The Commission is in support of this purchase . The conservation of this land would protect pine - oak- beech woodland that lies within the State Priority Habitat for Rare and Endangered Species , land within a DEP Zone II wellfield protection area for drinking water, and is the missing link in the 150 + acres of Town - owned open space west of Slough Road . The Commission is pleased to offer its support in the purchase and conservation of this land by the Town of Brewster. Sincerely , Uadlt- U,, Noelle Bramer, Conservation Administrator W W W .TOWN . BREWSTER. MA . US TOWN OF BREWSTER Doug Wilcock WATER DEPARTMENT Susan Brown Cynthia Baran Paul Anderson Board of Water Commissioners SuperintendentiaOrr J February 27 , 2019 Open Space Committee Community Preservation Committee Town of Brewster 2198 Main Street Brewster MA 02631 RE : Request for Support- Proposed Acquisition Windrift Acres , Slough Road Meetinghouse Road Town Conservation Area Dear Committee Members , The request for a letter of support for the purchase and preservation of the addition of 24 forested acres to the Town ' s existing Meetinghouse Road Conservation Area was reviewed by the Brewster Water Commission at its regularly-scheduled meeting on February 22 , 2019 , The Commission voted to support this purchase . In 2011 , Town Meeting voted to dedicate a town - owned tax taking parcel adjoining these 24 acres to the Water Department as a reserve for a potential future wellfield . While we do not have any current plans to develop a new well in this location , acquisition of the adjoining 24 acres for conservation and watershed protection will provide us with more flexibility in siting any new well and enable the Town to control the needed 800 foot radius around any new well (Zone 1 ) . The Commission is examining a possible financial subsidy to the Town for its purchase and expects to clarify this before town meeting this spring . Thank you for the opportunity to comment on this proposal . Sincere Paul Anderson Superintendent 165 COMMERCE PARK ROAD BREWSTER, MA 02631 PHONE : 508 -896 -5454 FAX : 508 -896 -4517 I TOWN OF BREWSTER Doug Wilcock lia Susan Brown WATER DEPARTMENT Cynthia Baran Paul Anderson Board of Water Commissioners Superintendent March 22, 2019 Open Space Committee Community Preservation Committee Town of Brewster 2198 Main Street Brewster, MA 02631 Re : Request for Support — Proposed Acquisition Win drift Acres, Slough Road Meetinghouse Road Town Conservation Area Dear Committee Members, The Brewster Water Commissioners voted unanimously committing $ 70, 000 toward the purchase of the proposed land acquisition for Windrift Acres on Slough Road . Sincerely, Paul Anderson 1Vad 7I1(6le11cFeo1r Superintendent panderson@brewster- ma . gov 165 COMMERCE PARK ROAD BREWSTER, MA 02631 PHONE : 508 -896-5454 FAX : 508 -896 -4517 /At BREWSTER CONSERVATION TRUST 36 Red Top Road Brewster, Massachusetts 02631 (3 www. brewsterconservationtrust . org February 8 , 2019 Cynthia Bingham , Chair Select Board Town of Brewster 2198 Main Street Brewster, MA 02631 Dear Ms . Bingham : On behalf of the board of trustees of the Brewster Conservation Trust (BCT) , it is my pleasure to inform the Town that they voted unanimously to pledge $ 75 , 000 . 00 towards the Town ' s proposed purchase of the 24 acres on Slough Road known as Wuidrift Acres (Copelas subdivision) . As you may know, BCT has committed to contribute $230 , 000 towards the Town purchase of the 41 -acre Robinson property on Long Pond for open space this winter. Likewise , BCT contributed $ 50,000 towards the Town ' s 27 -acre purchase (ex-Borden-Burks) property off Slough Road in 2018 . We value our close working relationship with the Town on many projects , not only land acquisition, but also on efforts including Brewster Conservation Day, the Trail Guide, our Vernal Pool Trail abutting the Eddy School and its student outdoor-leaming, and land management coordination. Thank you for your board' s continuing support for conservation in our beloved community . SiIncely, Amy Henderson Executive Director cc : M . Forest, Town Administrator ; Lisa Vitale , Town Treasurer; E . Taylor, OSC ; P . Ruschinkas , CPC ; H . Minis , BCT BREWSTER CONSERVATION TRUST 36 Red Top Road Brewster, Massachusetts 02631 www.brewsterconservationtrust.org February 26,2019 Cynthia Bingham, Chair Select Board Town of Brewster RE: Proposed 24-acre purchase of land 2198 Main Street by Town of Brewster at Slough Road Brewster MA 02631 (Windrift Acres at Town Meeting, May 2019) Dear Ms. Bingham: The Board of Trustees of the Brewster Conservation Trust(BCT)vote unanimously this month to provide the Town with a$75,000.00 contribution towards the acquisition/capital cost of this property. Please find a check enclosed in the amount of$75,000.00,to be held by the Town in the following manner: 1) Only for use towards the purchase of the so-called Copelas property at Slough Road; 2)The sum of$75,000.00 will be held in escrow by the Town post-closing to secure the state Conservation Land Tax Credit(CLTC)to the Sellers,and may be transferred to the Sellers in the unlikely event that the CLTC is not available to the Sellers within 18 months of the closing. This sum will be otherwise credited to the Town as part of the overall BCT pledge and is not in addition to that$75,000.00 total. We are delighted to support this major conservation land acquisition to support the forest, trails and groundwater of our community. Sincerely, Hal Minis President— " ---- --- WATER COMMISSIONERS ATERd Sheryl A . McMahon * * * * * * * * * * * * * j�� Clerk & Treasurer Paul F. Prue, Chairman 1945 A David Larkowski Charles F. Crowell P y Sllperintendent Peter L. McDowell x * z �r �(y James Ritchie 508-398- 3351 Fax : 508 -398-6799 �SSACHO$ Assistant Superintendent www.denniswater. org February 11 , 2019 Matthew A . Beaton , Secretary Executive Office of Energy & Enviromnental Affairs 100 Cambridge Street 4900 Boston MA 02114 Dear Mr. Beaton : We are writing to strongly recommend for your approval an application of the Town of Brewster for a State LAND grant towards its purchase of the 24 -acre property known as the Windrift Acres subdivision on Slough Road in Brewster. The Dennis Water District (DWD) owns more than 300 acres adjoining this forested block of land just over the town line in Brewster. We have seven public supply wells operating in this large wellfield area . Groundwater flow in this part of Dennis is fi•om• the east, so a good portion of our DEP -approved Zone IIs (zones of contribution) actually lies in Brewster. Brewster has instituted many sound zoning and other land protection techniques that help to keep this part of the aquifer in good quality . Brewster adopted a District of Critical Planning Concern in 2009 that reduced density in the Dennis and Brewster Zone IIs around Slough Road and the Punkhorn Parklands . We collaborated with the Town of Brewster in 2007 -08 when that town purchased 60 acres straddling Slough Road for wellfield protection and conservation . In fact, we tools an extraordinary step of contributing $ 1 million towards the $4 . 2 million project . DWD holds a perpetual Watershed and Conservation Restriction on those 60 acres toguarantee control of the Zone II . I Thank you for your consideration . Sincerely, 1 I f wski Superintendent cc : Marls Forest, Town of Brewster ; Paul Anderson, Brewster Water Department ; Mark Robinson, The Compact DIVISION OF FISHERIES & WILDLIFE 1 Rabbit Hill Road I Westborough, MA 01581 MASS . GOV / MASSWILID LIFE ' n�u Director: Jack Buckley MASSWILDLIFE June 5 , 2017 Mark H . Robinson The Compact of Cape Cod Conservation Trusts P . O . Box 443 Barnstable , MA 02630 RE : Town of Brewster LAND proposal Phyllis Borden project — rare species information Dear Mr . Robinson : The Massachusetts Natural Heritage and Endangered Species Program ( NHESP ) supports the efforts of the Town of Brewster to protect 27 acres adjacent to Brewster conservation and water supply areas, and to a Dennis water supply area . Currently, the NHESP has documented habitat of one species listed under the Massachusetts Endangered Species Act ( MESA ) on or near the subject property : • Eastern Box Turtle ( Terrapene caroling, Special Concern ) While protection of the subject parcel may benefit rare species, it will also undoubtedly benefit some of the more common flora and fauna in this area . Habitat fragmentation is a major threat to many wildlife, bird , and plant species and the protection of contiguous, undisturbed tracts of habitat is vital to ensuring their long-term viability . Please do not hesitate to call me at 508 -389 - 6351 if you have any further questions . Sincerely, //Vlwt�t i XA Lynn C . Harper Habitat Protection Specialist Massachusetts Natural Heritage & Endangered Species Program MASSWILDLIFE L,V The Commonwealth of Massachusetts William Francis Galvin , Secretary of the Commonwealth January 30, 2019 Massachusetts Historical Commission Tom Anderson Conservation Land Tax Credit Program EEA Division of Conservation Services 100 Cambridge Street, 9th Floor Boston, MA 02114 RE: Windrift Acres/Copelas Property Land Acquisition, 0 Windrift Lane, Brewster, MA . MHC #RC .65822 . Dear Mr. Anderson : Staff of the Massachusetts Historical Commission (MHC) have reviewed the Project Notification Form (PNF) submitted for the proposed land acquisition project referenced above. The project consists of the purchase of approximately 24 acres for conservation at the address referenced above in Brewster. Review of the Inventory of Historic and Archaeological Assets of the Commonwealth indicates that the property is within the Old King' s Highway Regional Historic District (MHC #BRE .G) listed in the State Register of Historic Places and a local historic district. Ancient Native American archaeological site are recorded in the Inventory in the vicinity of the property. Undisturbed portions of the property are archaeologically sensitive. This archaeological sensitivity is primarily due to environmental setting, with level, sandy, well-drained soils in proximity to the wetlands and water resources of interior ponds in the vicinity, favorable for ancient and historic period Native American land use and occupation. Acquisition of the property for open space will assist to protect and preserve significant historical and archaeological resources that may be present. These comments are offered to assist in compliance with Massachusetts General Law, Chapter 9, Sections 26-27C (950 CMR 71 ) . Please contact me if you have any questions or require additional information. _ Sincerely, Jonath n K. Patton Archaeologist/Preservation Planner Massachusetts Historical Commission xc : Mark H . Robinson, Executive Director, The Compact of Cape Cod Conservation Trusts, Inc . Old King ' s Highway Regional Historic District Commission , Brewster Brewster Conservation Commission Brewster Historical Commission 220 Morrissey Boulevard , Boston , Massachusetts 02125 ( 617 ) 7274470 • Fax : ( 617 ) 727 - 5128 www. sec . state , ma . us/rnhc LINDA CONEEN , MRA, SRA, REAL ESTATE APPRAISER M •B&R•E •A MA Certified General Real Estate Appraiser License # 214 Aill % V 95 Rayber Road , Orleans, Massachusetts 02653 508 - 2554241 office 508 - 237 - 0899 cell 508 - 255 - 6837 fax Iindaconeen (@gmail . com NON-RESIDENTIAL RESTRICTED APPRAISAL REPORT Windrift Lane, Brewster, MA 02631 December 30, 2018 Use of this report is limited to the Client. The rationale for how the appraiser arrived at the opinions and conclusions set forth in this report may not be understood properly without additional information held in the appraiser' s work file . Subject Address: Windrift Lane, Brewster, MA 02631; County of Barnstable Property Type: Approved 9-Lot Cluster Open Space Subdivision Subject Appraised: Approximately 23 . 91 acres of undeveloped land of which 5 . 13± acres is contained within 9 building lots and 1 . 14± acres is contained within roadway. See accompanying Plan. Client: Elizabeth Taylor, Chairman, Town of Brewster, MA Open Space Committee Intended Use: Assist Client with preliminary negotiations to purchase the property Intended Users. Client. No other users are intended by the appraiser. Owner: Peter Copelas Legal Description: Barnstable County Registry of Deeds Book 26949 Page 47; Book 2548 Page 345; Book 3605 Page 275; Plan Book 255 Page 63; Plan Book 645 Page 68; Land Court Plan 39519A . The subdivision was created under a Special Permit . ATTACHMENT 6 : Appraisal : Estimation of Value Linda Coneen December 20, 2018 Map & Parcel. Brewster Tax Map 9 Parcels 13, 31 -50 Appraiser: Linda Coneen, MRA, SRA Property Rights: Fee Simple Definition of Fee Simple : Fee simple estate is the highest and most complete ownership or enjoyment in real estate . Fee simple estate is defined as : "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. " Tile Appraisal of Real Estate, 14th Edition, Appraisal Institute, 2013, page 69 Type of Value: Market Value Definition of Market Value : " The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress . " The Appraisal of Real Estate, 14th Edition, Appraisal Institute, 2013, page 58 Reporting Format: This is a Restricted Real Estate Appraisal prepared under the report development and reporting standards, Standards 1 and 2, of the Uniform Standards of Professional Appraisal Practice (USPAP), as amended by the Appraisal Standards Board of the Appraisal Foundation, 2018-2019 Edition, and all applicable laws, regulations, and guidelines . Conditions of Appraisal: See Certifications and Limiting Conditions, attached . Sales and Listing History: See Deeds and Plans, attached . Scope of Work: The appraisal was prepared using the 'Brewster Planning Board, Approval Under the Subdivision Control Law is Required" Plan, attached, approved 11/14/2018 . The Plan consists of a 94ot cluster open space subdivision. The lots range in size from 211342± SF to 32, 172± SF . The total land area is 23 . 91 ± acres, of which 5 . 13± acres is contained within the building lots, 1 . 14± acres is contained within the 1, 000± LF roadway, which ends in a cul- de-sac, and 17 . 64± acres is open space . The subdivision is subject to restrictive covenants in place for 30 years . 2 The scope of work is defined by the complexity of the appraisal assignment and the reporting requirements of USPAP . The opinion of value has been developed using the included definition of market value, statement of assumptions and limiting conditions, and certifications of value . To develop the opinion of value the appraiser completed the appropriate research and analysis necessary to develop credible assignment results . The appraisal report has been prepared to form an opinion of the " as is" market value of the fee simple interest in the title in the subject property as of December 20, 2018, the date on which I inspected the real estate . The valuation methods developed to reach a conclusion of the market value of subject property were the sales comparison approach, used to reach a conclusion of the retail market value of each of the lots; and the discounted cash flow analysis (subdivision cash flow), used to reach a conclusion of the market value of the 9 lots in a bulk sale or a sale to one buyer. Assessments and Taxes FY 2019: The lots have not been individually assessed as of the date of value . Zoning: RR Rural Residential District; 100, 000 SF minimum lot size OPINIONS AND CONCLUSIONS Highest & Best Use: Assumed to be a 94ot subdivision Marketing Time & Exposure Time: 3 year sell- out of subdivision Date of Value: December 20, 2018 Date of Inspection: December 20, 2018 Date of Report: December 30, 2018 Results of Analyses: Aggregate Retail Market Value of 9 Lots: $1, 690, 000 Discounted Cash Flozu Analysis: $ 775, 000 3 The market value indicated to the subject property as of the date of value, December 20, 2018, is concluded to be $ 775, 000 . Yours truly, �7, Linda Coneen, MRA, SRA Real Estate Appraiser MA Certified General Real Estate Appraiser License #214 4