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Home My Public Portal AboutFall 2022 CPC Applications PacketTOWN OF BREWSTER OPEN SPACE COMMITTEE Fall 2022 COMMUNITY PRESERVATION COMMITTEE APPLICATION: 0 Holly Avenue (Rear)/Burke Property Anglers Cartway �� —� '/rte fiC�RPORP C ,�~-r1\\\ �..,,,:',/ illltl�r HiI11i1111 ��' Cet BREWSTER BICENTENNIAL N i. rkiB,r� APPLICATION FOR COMMUNITY PRESERVATION Name of Applicant: Brewster Open Space Committee Contact Individual: Elizabeth Taylor, Chair Mailing Address: Town Hall 2198 Main Street Brewster, MA 02631 Daytime Phone: 774-216-1659 e-mail: " etaylor@brewster-ma.gov" Name of Proposal: The Burke Property, Anglers Cartway Address of Proposal (or assessor's parcel ID: Map 137 Parcel 1, located at 0 Holly Avenue (Rear) PROJECT SYNOPSIS: The Town of Brewster is working with the Brewster Conservation Trust (BCT) to protect a 4.925 -acre parcel known as Huckleberry Hill connecting Nickerson State Park with the Town's Bakers Pond Conservation Area. The Towns of Brewster and Orleans have worked together since the 1970s to preserve critical habitat and walking trails between Bakers Pond and Nickerson State Park. Date: July 1, 2022 This is the largest swath of forest and pond landscapes on the Lower Cape (outside the Cape Cod National Seashore), making it one of the most important intact wildlife habitats in the State. Most of the Burke parcel has been mapped within the Statewide Land Conservation Plan. Currently there is a 2 -mile network of formal and informal trails widely used by the public throughout the extensive woods west of Bakers Pond, almost all now on Town -owned conservation land or BCT property. This parcel is the "missing link" to enable Brewster to extend the public trail system here. The Compact of Cape Cod Conservation Trusts (Compact) has "pre -acquired" the Burke Property for BCT. The Town would like to purchase a perpetual conservation restriction on the parcel, continuing the State's investment in this major protected open space area. The Town Select Board, Town Administrator, Natural Resources Department, Conservation Commission, and Open Space Committee support the purchase of a Conservation Restriction (CR), as does the non-profit Brewster Conservation Trust (BCT). The Town is also applying for a State LAND Grant. Category (circle all that apply): OPEN SPACE Historic Preservation Recreation Community Housing CPA funding requested $270,000. Total Cost of Proposed Project $270,000, includes $20,000 to cover associated expenses, such as surveys, legal work, etc. Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property) July 1, 2022 2 1. PROJECT DESCRIPTION: The Town of Brewster is working with the Brewster Conservation Trust (BCT) to protect a 4.925 -acre parcel known as Huckleberry Hill connecting Nickerson State Park with the Town's Bakers Pond Conservation Area. The Towns of Brewster and Orleans have worked together since the 1970s to preserve critical habitat and walking trails between Bakers Pond and Nickerson State Park. This is the largest swath of forest and pond landscapes on the Lower Cape (outside the Cape Cod National Seashore), making it one of the most important intact wildlife habitats in the State. Most of the Burke parcel has been mapped within the Statewide Land Conservation Plan. In 1987, the Commonwealth provided a $600,000 Self -Help grant to the Town of Brewster to purchase 20 acres of forestland for conservation at Bakers Pond. Since that time, the towns of Brewster and Orleans and their respective non-profit land trusts have assembled more than 147 acres for public passive recreation between Bakers Pond and 1800 -acre Nickerson State Park, the State's primary park on Cape Cod. (See letters of support from the Town of Orleans and Nickerson State Park, Attachment 5c -d.) The major landform in that vicinity is the 145 - foot high Huckleberry Hill, now mostly preserved. In 2021 the Burke family, which had owned the 4.925 -acre forest parcel for several decades, obtained a special permit to build a single-family home and put the land up for sale. Because any development on the parcel would have intruded on the natural values enjoyed by the public on the 2 -mile long walking trail system on Huckleberry Hill, and because of the surging demand for real estate on Cape Cod during the pandemic, the nonprofit Compact of Cape Cod Conservation Trusts (Compact) stepped in quickly and "pre -acquired" the parcel for $360,000 in August 2021. This move enables the Town of Brewster and nonprofit Brewster Conservation Trust (BCT) to coordinate a purchase partnership, applying for and using Community Preservation Act funds (Town) and private donations (BCT) to buy the land from The Compact. The proposal is for the BCT to take title in January 2023 for $360,000 and convey a Conservation Restriction (CR) to the Town for a bargain sale at $250,000. The Town's recent (May 2022) appraisal for the CR lists a value of $440,000. The Town is applying for a FY23 State LAND grant to reimburse 52 percent of its CR purchase price, to continue to protect the State's investment in this major protected open space area. 2. CPA GOALS/CRITERIA: The goals of this project encompass a number 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. Preservation of these 4.59 acres will provide: Open Space Protection by: 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. The parcel is characterized by native Cape Cod upland, a mixed deciduous/coniferous forest. This forest includes Pitch Pine, White and Black Oaks with scattered American Beech, American Holly and Red Maple in the canopy with a dense understory of Black Huckleberry (hence the name of the Hill), Lowbush Blueberry, and Arrowwood, and groundcovers including Starflowers, various fern species, Checkerberry and Canada Mayflower. There are no invasive plants to speak of and the forest is prime habitat for the Eastern Box Turtle, a Species of Special Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property) July 1, 2022 3 Concern. The property slopes to the southeast to the certified vernal pool on the adjoining Town of Brewster conservation land. 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 with Brewster still ranking in the top 11 percent of all Massachusetts towns in this regard as of 2009." (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. By 2009, Brewster had lost more than 1,300 acres of its forest to sprawl since 1985, placing its extensive upland habitats at risk. "Today this trend continues all over New England with forestland being lost to development at a rate of 65 acres per day - - a loss that comes at a time when public funding for preservation of open land, both state and federal, has also been on the decline in all six states." That's the conclusion of a 2017 report released by the Harvard Forest, a research institute of Harvard University. The conversion of forest and farmlands to permanent structures is really changing the face of the New England landscape. One of the things that makes new England one of the most compelling places to live is the green space. Conservation and development don't need to be at odds; nature supports people by providing clean water, clean air and encouraging tourism. Jonathan Thompson, a senior ecologist for Harvard Forest, said the report shows New England is reaching a transition point. After 150 years of reclaiming forest land all six states are again losing open space.. He pointed to success stories on the state level including the Massachusetts Community Preservation Act. More than half of Massachusetts cities and towns have adopted the effort aimed at saving open spaces, preserving historic sites, and developing affordable housing. Despite that effort, Massachusetts has been losing forestland to development faster than any other New England state, at a rate of 7,000 acres a year. The state with the highest percentage of its land conserved as forest or farmland is New Hampshire, with 30 percent, followed by Massachusetts (24 percent), Vermont (23 percent), Rhode Island (20 percent), Maine (19 percent) and Connecticut (15 percent)." (Harvard Forest, 2017) "Today, the continuing loss of forestland is a bigger threat even than climate change, in part, because it more immediately threatens local ecosystems. From 2001 to 2021, Barnstable lost 2.12 kilohectares of tree cover, equivalent to a 3.2% decrease in tree cover since 2000, trees which would have released 613 kilotons of stored CO2 back into the atmosphere." (Global Forest Watch, 2021) b. Serving to enhance and protect existing wildlife corridors, promoting connectivity of habitat and preventing the fragmentation of such habitats. The Commonwealth has long recognized the open space importance of the Huckleberry Hill area. It is included in the State's Critical Natural Landscapes, anchored by Nickerson State Park (1800 acres) and the Town of Orleans Wellfield (500 acres), and is the largest swath of forest and pond landscapes on the Lower Cape (outside the Cape Cod National Seashore). This same area has been acknowledged in the UMASS CAPS Index of Ecological Integrity as one of the most important intact wildlife habitats in the state. Most of the Burke parcel is mapped within the Statewide Land Conservation Plan. And, Massachusetts Audubon has ranked the locus parcel highly for its habitat significance. The parcel is within the State's BioMap2 Critical Natural Landscape, a rich context of biological and wildlife diversity connected through preserved lands east to Bakers Pond and the adjacent town of Orleans, a migratory wildlife corridor. This area is part of the Cape Cod Commission Natural Areas Designation, and is high on the UMass Index of Ecological Integrity. (See Attachment 3 maps.) The terrestrial resilience of the parcel, as defined by The Nature Conservancy (See Attachment 3 Maps) is a somewhat misleading. While it shows as half developed, the "development" is the narrow dirt road bisecting the Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property) July 1, 2022 4 parcel, lightly traveled to one house beyond our locus. Again, the context of this area is highly resilient, owing to the mix of woods and water and great quantities of protected open space. This property directly abuts other Town and Brewster Conservation Trust conservation lands. These parcels 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. Preventing these acres from being developed not only precludes 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. This parcel abuts 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. Preservation of these 4.59 acres will also provide: Recreational Benefits by: 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 to conservation areas This site would provide public access to an unfragmented woodland via footpath for walking, nature observation and other passive activities. Currently there is a 2 -mile network of foimal and informal trails widely used by the public throughout the extensive woods west of Bakers Pond, almost all now on Town -owned conservation land or Brewster Conservation Trust property. The 4.95 -acre Burke parcel is the "missing link" to enable Brewster to extend the public trail system here. The Town of Orleans maintains a joint foimal parking area on Bakers Pond Road, forming the main trailhead for the loop trail. This acquisition will enable Brewster to expand this loop trail, one of the twelve major trails in Brewster. Having another access point from the Brewster side should provide convenience for walkers joining the trail system from the west and the Burke parcel will enable hikers to connect through to Angler's Cartway and continue down into Nickerson Park on the dirt road. Such 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. Existing uses of the area include hiking, Nordic skiing, horseback riding, walking, and birdwatching. The Cape -wide CapeWalk that occasionally takes place over a nine -day stretch with hikers crossing from Provincetown to Falmouth, would also find trails that would enhance the Walk connecting Brewster to Orleans. When the Town of Brewster updated its Open Space and Recreation Plan (OSRP) in 2021, additional goals were added including preservation of a variety of rural recreational activities and high -quality natural environments in close proximity to all residential areas. It stresses that recreation opportunities are incredibly important for a healthy and vibrant community. Recreation provides a common ground focused on inclusivity while fostering a culture of health and well-being in our community. Residents are looking for more recreational opportunities for all ages. Respondents to the OSRP survey highlighted the need for future open space and recreational planning to focus on walking and hiking trails, specifically those that are accessible. The Brewster Vision Plan also highlights the need for more walking trails. The Brewster Vision Plan and Open Space & Recreation Plan both speak to the importance of recreation and leisure activities as being integral to human health and social well-being, and the Town is dedicated to creating opportunities for Brewster residents to live healthier lifestyles. Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property) July 1, 2022 5 "People look to the Town's parks and open spaces as an outlet during stressful situations. Resource advocates voice the importance of these spaces for physiological and mental health benefits, offering opportunities to be physically active, "unplug" our minds, and reconnect with nature. This was amplified during COVID-19 pandemic, when the Governor issued stay-at-home orders from March to at least May 2020. Many found refuge by simply walking, biking, or running, or being in their local park or open space." (OSRP 2021) The most recent (2017) Statewide Comprehensive Outdoor Recreation Plan (SCORP) identified several priority goals. The Huckleberry Hill NW project supports the goal of providing open space access to underserved areas. Brewster is an Environmental Justice community and has protected open space acres per capita that is about average in the county. (See Attachment 4. Section 5b.) This land acquisition will also support the SCORP's trail initiative by providing a 2 -mile trail loop extension that will connect through public open space to the network at Bakers Pond. 3. COMMUNITY BENEFITS: This acquisition will provide multiple benefits to numerous populations. The current population of Brewster (9,703 - Town Clerk, July 2022) will benefit, as will Brewster's 35,000+ annual visitors, many of whom will be able to enjoy this area. Brewster voters have been approving land acquisition for over 60 years, accumulating over 1,200 acres to protect their drinking water and surface waters, wildlife corridors, rare and endangered species habitats, seacoast and massive recreation areas. This parcel has been identified as important for habitat and wildlife corridor protection, as well as providing excellent recreational trail connections. It has been endorsed by the Select Board, Town Administrator, Natural Resources Department, Conservation Commission, and Open Space Committee. The 1991, 1999, 2013 and 2021 Town of Brewster surveys found that residents value the preservation of public lands 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", one being Open Space. These building blocks received the highest rankings of importance in the public survey. 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. Pertinent Goals and Objectives in the 2021 OSRP include the following: Open Space: • Provide more walking trails and expand access to recreational areas. • Provide open space and recreation opportunities that maintain Brewster's rural character • Acquire and protect upland wooded, open field, coastal, and wetland parcels that preserve and enhance community character. • Protect open space for the purpose of preserving Brewster's unique and fragile ecological habitats and augment the. Town's network of wildlife corridors. Recreation: • Provide a variety of recreation and open space opportunities to promote healthy and active lifestyles for Brewster residents, ensuring equitable access for all users and abilities. • Acquire and protect lands of recreational value. • Enhance walking and biking opportunities that connect residential areas with open space and recreational resources. • Support coordination and communication of regional open space and recreation needs. Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property) July 1, 2022 6 • Collaborate with neighboring communities and the region to increase connectivity of multi -modal paths that cross jurisdictional boundaries. • Increase communication and collaboration with local stakeholders, neighboring communities, and the region to investigate opportunities for shared open space and recreation resources. This acquisition fits squarely within these goals and purposes, clearly reflecting the priorities and vision of Brewster's residents. 4. COMMUNITY SUPPORT: The Brewster Conservation Trust (BCT) has a full-time land Stewardship Coordinator, assisted by an AmeriCorps member and an active covey of volunteers/trail crew. A volunteer Land Monitor walks the trail at least monthly and reports on any management issues. BCT hosts annual guided walks on the trail loop. BCT has been active in preserving Huckleberry Hill since its first acquisition there in 2011, funded in part by a Massachusetts Conservation Partnership grant. Most recently, BCT pre -acquired the 8 -acre Walsh parcel nearby on behalf of the Massachusetts Department of Conservation and Recreation (DCR) to add onto Nickerson State Park. DCR, BCT and the Town continue to reach out to nearby landowners to preserve parcels through bargain sales and conservation restrictions, including Noerdlinger, Salzer and Powers on the west and south sides of Huckleberry Hill. (See Evidence of Project Leverage in Vicinity, Attachment 5e) The Compact "pre -acquired" the parcel, allowing Brewster and the BCT to coordinate a purchase partnership. BCT will own the parcel, while Brewster will purchase a perpetual Conservation Restriction, continuing the State's investment in this major protected open space area. The Town Select Board, Town Administrator, Natural Resources Department, Conservation Commission, and Open Space Committee support the purchase of a Conservation Restriction. 5. CREDENTIALS: The Brewster Conservation Trust will have custody and control of this conservation area. The Town of Brewster will hold the Conservation Restriction, which will enable it to also participate in maintenance and management of this conservation area. 6.TIMELINE: 2021 MAR- Burke family obtains approval from Brewster Zoning Board of Appeals for single-family home on grandfathered 5 -acre lot APR - Burke family lists the parcel for sale at $398,000; Town Open Space Committee approves purchase negotiations MAY- Town decides to postpone purchase offer JUL - The Compact signs purchase agreement with Burkes for $360,000 AUG - The Compact purchases parcel, to preserve ability of Town and Brewster Conservation Trust to coordinate a funding partnership AUG - BCT agrees to purchase property from The Compact, seeks Town cooperation NOV - Town Open Space Committee votes to pursue negotiations to buy CR from BCT 2022 FEB - Select Board and Open Space Committee agree to buy CR for $250,000 APR- Town seeks CR appraisal, delivered in May JUL - Town Conservation Commission submits LAND grant application; draft CR submitted to State; application submitted to Community Preservation Committee AUG - Community Preservation Committee votes to recommend CR purchase Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property) July 1, 2022 7 NOV- DEC - 2023 JAN - FEB - JUN - Special Town Meeting to approve CR purchase; State issues LAND grant award Town signs LAND contract; State signs final CR after local approvals Closing: BCT buys the land and conveys CR to Town Town prepares baseline/management plan and submits to State for review; State comments on draft plan Final date for submittal of LAND grant compliance documents 7. BUDGET: This Conservation Restriction acquisition would be funded through the Town's Community Preservation Fund. The Open Space Committee recommended the purchase. Town Meeting approval will be sought at Special Town Meeting in Fall 2022. PROPOSED PROJECT COSTS Appraised value of Conservation Restriction (CR) Land purchase cost by The Compact of Cape Cod CR Acquisition Cost Grant application services Appraisal for State LAND grant specs Land survey Miscellaneous due diligence for closing TOTAL PROJECT COSTS AMOUNT $ 440,000 $ 360,000 $ 250,000 4,500 1,500 $ 0 $ 14,000 $ 270,000 PROPOSED PROJECT FUNDING SOURCES Town Community Preservation Fund $ 270,000 TOTAL PROJECT FUNDING Total Eligible Project Costs for LAND Grant: LAND Grant request Municipal/local share of Eligible Project Costs $ 270,000 $ 256,500 $ -133,380 COMMENTS as appraised by Town appraiser M. Sutton (2022) bargain sale negotiated between Compact and Burke 2021 bargain sale negotiated between Town and BCT consultant services for LAND grant/CR drafting Michael Sutton, Appraisal Services of Cape Cod, Inc. plan of record is sufficient legal services, Registry fees, etc. to be voted at Special Town Meeting, Fall 2022 purchase price and eligible fees 52% reimbursement rate (not to exceed $400,000) $ 123,120 Community Preservation Fund 8. MAINTENANCE: The Brewster Conservation Trust will have custody and control of this conservation area. The Town of Brewster will hold the Conservation Restriction, which will enable it to also participate in maintenance and management of this conservation area. Brewster's Natural Resources and Conservation Departments are responsible for the administration of the Town's wetlands protection bylaws and regulations and open space planning and management. Recognizing that staffing Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property) July 1, 2022 8 is limited in these departments, the Town relies on partnerships for the upkeep and management of the conservation areas and natural resources: • The Brewster Conservation Trust will participate in maintenance/management of this conservation area. • The Brewster FLATS (Friends of Land, Aquatics, Trails & Shellfishing) group works with the Natural Resources Department and helps maintain Brewster's open space and recreation areas. • Local Scouts and other civic and community groups also help to maintain trails, trail markings, and clean- up of Brewster's public open spaces. More than half of respondents to the OSRP survey indicated that conservation volunteering was important in future planning of open space and recreation. • 9. SITE CONTROL AND APPRAISAL: The Burke Quit Claim Deed is Attachment 8a. The Draft Conservation Restriction and State Application form for Conservation Restriction is Attachment 4. An Appraisal of the property's value by a licensed appraiser using customary appraising techniques is Attachment 9. Appraisal Summary: Michael Sutton, Appraisal Services of Cape Cod & Islands Real Estate Appraiser Route 6A, PO BOX 1655 Orleans, MA 02653. Opinion of Market Value: $440,000 May, 2022 The Brewster Open Space Committee July 1, 2022 Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property) July 1, 2022 9 LIST OF ATTACHMENTS 1. Town Meeting Article (draft) authorizing CR purchase (to be voted Nov. 2022) 2. Town Authorizations and Local Approvals: Select Board Letter 3. Resource Maps A. USGS Topographic Locus Map B. Assessor's Locus and Road Map C. Environmental Justice D. Aerial Photograph E. Protected Open Space Context F. BioMap2 Critical Natural Landscape G. Mass Audubon MAPPR Map H. The Compact Priority Open Space Map I. The Nature Conservancy Habitat Resilience J. Natural Areas Designation, Cape Cod Commission K. Statewide Land Conservation Plan L. UMass. Index of Ecological Integrity M. Public Walking Trails Guide 4. Conservation Restriction Forms i) DCS CR Draft Acknowledgment ii) State Conservation Restriction Application iii) Draft Conservation Restriction —Brewster Conservation Trust to Town Conservation Commission to (first page only) 5. Letters of Support a. Mass. Natural Heritage and Endangered Species Program, Div. of Fisheries & Wildlife b. Mass. Historical Commission: Edward Bell, Deputy State Historic Preservation Officer c. Mass. Department of Conservation and Recreation: Eric Levy, Supt. Nickerson State Park & Hawksnest State Forest d. Town of Orleans Conservation Commission: John Jannell, Administrator e. Brewster Conservation Trust: Amy Henderson, Executive Director, evidence of work in Baker's Pond area. f. Brewster Conservation Commission: Michael Tobin, Chair 6. Examples of Good Land Stewardship — Brewster Conservation Commission 7. Site Photographs, 2022 S. Site Background a) Deed of Record b) Survey Plan of Record c) Board of Appeals Decision 9. Appraisal Report: Michael Sutton, May, 2022 (excerpt) Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property) July 1, 2022 9 LIST OF ATTACHMENTS 1. Town Meeting Article (draft) authorizing CR purchase (to be voted Nov. 2022) 2. Town Authorizations and Local Approvals: Select Board Letter 3. Resource Maps A. USGS Topographic Locus Map B. Assessor's Locus and Road Map C. Environmental Justice D. Aerial Photograph E. Protected Open Space Context F. BioMap2 Critical Natural Landscape G. Mass Audubon MAPPR Map H. The Compact Priority Open Space Map I. The Nature Conservancy Habitat Resilience J. Natural Areas Designation, Cape Cod Commission K. Statewide Land Conservation Plan L. UMass. Index of Ecological Integrity M. Public Walking Trails Guide 4. Conservation Restriction Forms i) DCS CR Draft Acknowledgment ii) State Conservation Restriction Application iii) Draft Conservation Restriction —Brewster Conservation Trust to Town Conservation Commission to (first page only) 5. Letters of Support a. Mass. Natural Heritage and Endangered Species Program, Div. of Fisheries & Wildlife b. Mass. Historical Commission: Edward Bell, Deputy State Historic Preservation Officer c. Mass. Department of Conservation and Recreation: Eric Levy, Supt. Nickerson State Park & Hawksnest State Forest d. Town of Orleans Conservation Commission: John Jannell, Administrator e. Brewster Conservation Trust: Amy Henderson, Executive Director, evidence of work in Baker's Pond area. f. Brewster Conservation Commission: Michael Tobin, Chair 6. Examples of Good Land Stewardship — Brewster Conservation Commission 7. Site Photographs, 2022 8. Site Background a) Deed of Record b) Survey Plan of Record c) Board of Appeals Decision 9. Appraisal Report: Michael Sutton, May, 2022 (excerpt) Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property) July 1, 2022 Huckleberry Hill NW Town of Brewster State FY23 LAND grant application ATTACHMENT 1. Draft Town Meeting Article (to be voted) LAND ACQUISITION / Community Preservation Act, November 2022 ARTICLE NO. : To see if the Town will vote to authorize the Board of Selectmen to acquire a perpetual conservation restriction under General Laws, Chapter 184, Sections 31 through 33, on a parcel of land designated on Brewster Assessors' Map 137 as Parcel 1, located at 0 Holly Ave (Rear), in Brewster, Barnstable County, Massachusetts, consisting of 4.925 acres as shown on a plan of land entitled "Plan of Land in Brewster (East), Mass. as claimed by Richard O. Staff, Scale 1 in = 50 ft. October 1967, Schofield Brothers Registered Civil Engineers & Land Surveyors, Orleans & Framingham, Mass." and recorded in the Barnstable County Registry of Deeds as Plan Book 219, Page 79, a copy of which is on file with the Brewster Town Clerk; to acquire interests in said parcel by gift, purchase and/or eminent domain taking under Massachusetts General Laws, Chapter 79, or any other enabling authority; to acquire said conservation restriction for conservation and passive recreation purposes for the general public, consistent with the provisions of Mass. Gen. Laws, Ch. 40, §8C, 31.0 C.M.R. 22.00, and Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, and in compliance with G.L. Ch. 44B, Section12(a), protecting the property for the purposes for which it is acquired; to appropriate the sum of Two Hundred Fifty Thousand and 00/100 ($250,000.00) Dollars to pay costs of this acquisition, and all other costs incidental and related thereto; to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow up to the sum Two Hundred Fifty Thousand and 00/100 ($250,000.00) Dollars pursuant to the provisions of Massachusetts General Laws, Chapter 44, Section 7(3) and Section 8C, and/or any other enabling authority, and to issue bonds and/or notes of the Town therefor; to authorize the Town Treasurer to transfer from available sums the sum of Five Thousand ($5,000.00) Dollars for the purpose of paying incidental and related costs, including the preparation, issuance and marketing of notes and bonds issued hereunder and for paying interest on temporary notes issued in anticipation thereof; 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; to authorize the Conservation Commission to assume the monitoring and enforcement authority of the conservation restriction on the property; and to authorize the Board of Selectmen and Conservation Commission to enter into all agreements and execute any and all instruments as may be necessary on behalf of the municipality to effect this purchase and obtain reimbursement funding; or to take any other action relative thereto. 4/19/2022 Huckleberry Hill NW Town of Brewster State FY23 LAND grant application ATTACHMENT 1. Draft Town Meeting Article (to be voted) (2/3 Majority Vote Required) (Community Preservation Committee) Explanatory note (Land Acquisition, Huckleberry Hill, E. Brewster) This Article would enable the Town to continue its partnership with the non-profit Brewster Conservation Trust working together to preserve critical open space, in this case, 4.925 acres abutting the Town's Baker's Pond Conservation Area. No general municipal revenues are being used for this acquisition. The Towns of Brewster and Orleans, along with the Brewster Conservation Trust own 140 acres of conservation land east and south of this proposed acquisition. These entities jointly manage the two-mile public walking loop trail there, with parking on Baker's Pond Road. The BCT would own the land subject to a permanent conservation restriction held by the Town Conservation Commission. The Brewster Conservation Trust will purchase the land for $360,000. The Town hopes to offset its $250,000 purchase price for the conservation restriction with a State LAND grant that would reimburse half of the Town's cost. Sketch map of locus attached hereto. Tax Map 137, Parcel 1, 4.925 acres 4/19/2022 Firefox about:blank AUTHORIZATIONS ax d LOCAL APPROVALS DATE: June 13, 2022 Acting under a motion made and duly seconded at a public meeting held on this date, the Select Board, as the executive officers of the Town of Brewster, VOTED to authorize the Town Administrator and the Conservation Commission to prepare and submit applications to the Commonwealth of Massachusetts' Division of Conservation Services reimbursement programs, including the Local Acquisitions for Natural Diversity (LAND) Grant Program, and/or Land and Water Conservation Fund program, for the FY 2023 grant round to purchase in fee simple 5 acres, more or less, at 0 Angler's Cartway, aka 0 Holly Ave Rear (Tax Map 137 Parcel 1) in Brewster. And further, the Selectmen certified by said vote that Peter Lombardi, Town Administrator, is authorized to sign any contracts and provide any legal assurances and understandings to the Commonwealth regarding said applications and awards, and to serve as the Project Manager and primary local contact on matters relating to communications with the Division of Conservation Services regarding these applications, on behalf of the Town of Brewster, and that his signature shall bind the Town regarding the intent of said documents. David Whitney, Chair Select Board Peter Lombardi Town Administrator Conservation Commission Members: Michael Tobin, Chr. Gary Kaser Gregory Scalise (Approval to submit grant application) Peter Wells 3 of 3 6/29/2022, 12:32 PM ATTACHMENT A. Huckleberry Hill NW Project State LAND Grant Application: BID ENV 23 DCS 01 Town of Brewster US Geological Survey Topographic Quadrangle (Harwich 1974) • ookout rower _Ke el er. Pond Flax Pond Youth t Cam. GI,;a f Pared Pubic Landings NICKERSON M ap prepared M ay 2021. Data prov ided by USGS, MassGIS, and The Compact of Cape Cod Conserv ation Trusts, Inc. N 1,200 600 0 .NTtRC 0 ftiggins F ond 1,200 2,400 3,600 Feet ATTACHMENT B. Huckleberry Hill NW Project State LAND Grant Application: BID ENV 23 DCS 01 Town of Brewster Town Assessor's Tax Map 0,101 Map prepared June 2021. Data provided by https://www.mapsonline.net/brewsterma ATTACHMENT C. Huckleberry Hill NW Project State LAND Grant Application : BID ENV 23 DCS 01 Town of Brewster Environmental Justice Map l Massachusetts 2020 Environmental Justice Populations Cock in any El community for details. More information about El in Ma Layers h'Ila MA 2020 Env:ronmenral,rust ce tlockgroups Minorty the 3loc< group rrr mr -s population is n= AO%. or the block group on nohlt.,; cooudam on s 25% and the median base ncomeid; the muse cipcluyThe block g'cup :s in is < 150% of she Massachusetts mad an houscheid :scorns Income: at least 257i of housenoleo have a meo an ho,senole income 65% or lase than The state median but:sehe ci income Language i oiation" 23ti or mere of h.o,;:sehclds do not include anyone e der Than 11 .v^o speaks English very cell Minor Ty a^.d income kb 11 Minor on and Encrsh isolation ' Income and English: soiatlon Minor Ty motto end English isolation 1.5 miles Block Group 3, Census Tract 108, Barnstable County, Massachusetts This 2026 blockgroup in Brewster is an EJ population with the criteria: Income EJ characteristics of the block group: Median household interne: $44,89©: this is 52.3 °u of the MA median. Total minority; population: 9.4 % Households with language isolation:B.0 % This municipality has a median household income of $75,321 which is 87.7 % of the Massachusetts ist}EHI. Map prepared June 2022 Data provided by MassMapper and The Compact of Cape Cod Conservation trusts, Inc. Block Group 2, Census Tract 104, Barnstable County, Massachusetts This 2020 blockgroup in Orleans is an E] population with the criteria: Minority and income E] characteristics of the block group: Median household income: $39,806: this is 48.4 % of the MA median. Total minority ,population :27.5 1u Households with language isolation:0.0 Rio This municipality has a median household income of $73,778 which is 85.9 r of - Locus property is 1.2 miles from Orleans' EJ population and 1.5 miles from Brewster's EJ population. 4.925 acre locus parcel Orleans Environmental Justice population Brewster Environmental Justice population ATTACHMENT D. Huckleberry Hill NW Project State LAND Grant Application: BID ENV 23 DCS 01 Town of Brewster Aerial Photo 2019 Map 3. Map prepared May 2021. Data provided by MassGIS and The Compact of Cape Cod Conservation Trusts, Inc. N The parcel is comprised of pine/oak woods The dirt Anglers Cartway traverses the property 41.� eventually terminating in Nickerson State Park. f� A Legend 4.925 acre locus parcel Tax Parcels 80 40 0 80 160 240 Feet ATTACHMENT E. Huckleberry Hill NW Project State LAND Grant Application: BID ENV 23 DCS 01 Town of Brewster Protected Open Space Map - 1 1 /i J_ The locus parcel builds on a significant tract of protected open space, including Nickerson State Park and the Baker's Pond Conservation Area. Nickerson State Park N Map prepared May 2021. Data provided by MassGIS and The Compact of Cape Cod Conservation Trusts, Inc. Brewster Orleans Orleans Watershed Area Legend 4.925 acre locus parcel ! Tax Parcels Openspace by Owner Type Land Trust Municipal Private State 1,500 750 0 1,500 3,000 4,500 Feet ATT ACHMENT Huckleberry Hill NW Pr oject State LAND Grant Application: BID ENV 23 DCS 01 Town of Brewster Public Walking Trails Map Dru+wsror Corisierv alien Trrrst ' ' 4r other norw•prorir r Town or BrewsF r Op en Sp ace So ma ma th nnty inkrmatasters N ickerson Stare Park 0 Mapped Warklrag Area O 1rror Largo Walking Area rims a,e,tanra) oilier Walking Area Pocket Park Cap e Cod Rail Traii El Capp Goa Hail Trail Parking ILLY RLi s Dennis nuNKHaYa rNHKLMIa3 Brewster .Co nserviati on "li ust 36 Red Top Rand Br ewster MA 02631 wow l+re usre reprise rvatiornr a 203,,11 - Pon d Poo l Town HHec �, LIVvialeT Wht det snsk..e. Lvrlr Pr rrrl % J Fo Harwidir Brewster Walking Area Maps 1 Quivett M arsh Vista 2 John & Kristi Hay Trail 3 Jo hn Wing Trail 4 Lee Baldwin Traik 5 Eddy Bay Tra il 6 Eddy Sisters Tra il 7 Calf Field Pond Trails 8 Eagle Point Trails 9 Seymour Pond Trails 10 Sheep Pond Woodlands 11 Spru ce Hill Conservation Area 12 Bakers Pond Trails iarie ans The 4.925 acre locus parcel adds to the Town's Baker's Pond Conservation Area where publi c trails are established and allows for better trail connections to the west . Brewster Couser4atir►rt Trust 36 Reds Tap Road Brewster MA 02.631 w .twrwst rconser.•ationWsture 12 Bakers Pond Town of Brew stet, MA ww u.brewster-nu_goti BrewsterWalking Trails Bak,2i s Petri is on the boundary with Orleans; with some of its h i lire: protected bt• each town. A short blue loop in Orleans, and a longer one in Brewster provide. good pond overlooks,. Huckleberry Hill is located Brother west via the yellow trail: Cart the and foot trails traverse a 9Ci-acre assemblage of B1. • 1' and town -owned conservation lands. In some plays trails rim close to unmarked pdvate land, so please stay on color -coded rails. There is a peaceful valley with a vernal pool., and then a 120 ft., climb up iluc•k1cberrs Hill. The mixed forest has sonic white pine, iuc °k .rreut, sassafras, and a :roe of -American beech. In .the autala.u7., the carpet of knee-high huckleberry throbs tutu w Me -red. Round trip trail len : 2 mile Yellow loop. Directions: Take. Rt. 6A east to just after the Orleans town Line, roan right on to Bakers Pond Road and travel 0.6 miles. The y oking lot for Bakers Pored Conservation area is on the right. Color coded trails start at the parking lot the Yellow Trailhead is at the right end of the lot and Orleans Blue. Trailbead at the left_ Approximate location of locus parcel ATTACHMENT F. Huckleberry Hill NW Project State LAND Grant Application: BID ENV 23 DCS 01 Town of Brewster NHESP/TNC BioMap2 Critical Natural Landscape Map The locus parcel is 4 almost fully within a BioMap2 Critical a Natural Landscape Block. Nickerson State Park Map prepared May 2021. Data provided by MassGIS, NHESP, TNC, and The Compact of Cape Cod Conservation Trusts, Inc. N Brewster BCT .erry Hill Legend ' 4.925 acre locus parcel Tax Parcels NHESP/TNC BioMap2 Critical Natural Landscape Block Orleans Orleans Watershed Area 1,500 750 0 1,500 3,000 4,500 Feet ATTACHMENT G. Huckleberry Hill NW Project State LAND Grant Application: BID ENV 23 DCS 01 Town of Brewster MassAudubon, MAPPR 2.0 Habitat Significance, 2021 Map https://www. massaudubon. org/our-conservation-work/advocacy/shaping-climate- resilient-communities/current-projects/map pr-project/mappr-tool Priority Balanced Model - This model combines the TNC Resilience, UMass Critical Link- ages, BioMap2 Core Habitat, BioMap2 Critical Natural Landscape, Parcel size, Block size, Adjacency to existing protec- tion, and Under -represented settings values together. They are all equally weighted. The locus parcel is rated at the upper limit of medium priority parcels for conservation based by the MassAudubon's MAPPR tool using the Balanced model. Further, the parcel abuts a collection of high priority parcels. I I High Priority Parcels Medium Priority Parcels 1 Lower Priority Parcels ATTACHMENT H. Huckleberry Hill NW Project State LAND Grant Application: BID ENV 23 DCS 01 Town of Brewster Wildlife Habitat Significance, Barnstable County, 2002 Map 1.5 2 THE COMPA CT O1" CAN-. or ( ONSF ATIO \ s Ill STti IN(' Too nab dep•ers b r:nrRuf nat:wA ra tfrrg n: ;ewer r s conremlrg Witdl rt< nst1Itam o r- Crpe Ced. A ror3 n ensoad l scare for each Parwl was rferrwed `Yon ?he felaWN Crftr rta: se'elrlehardie r sOue pre a' .he pal o w, pe rcent a rr,p er`d 'en, and ❑eWriaamant/aretoc :rarr s;bt. a o' thear: noulde-r5 Pareelss WIlt1-.,ie hAbil-al values wa re ca.c 4 ted by The Camps tt. See Pgig ama T 0nvi-e repast C Cod Wi clIde Concerva, or. prnleer; A Streteey rcr Prsserw.rfc, Neltvra l d` r'rers. IY' for" etk onn np4 The ralkre cetegorree (low, rimer or h.gy a nd ale trews „ 00r1 the :ate; range pl scares e, ,c pros de e rears 1pr • ', E)-opaln u paroet for r rserv stfan pu rposen . ravr ale •n nkr,d r,igl es1 ate ce oslcera d The most io-i ur etrt rrerne's for preserv ing 'N ildirte hahizeta use Cs ae C ad. EA €t r16 artTIOCied oerre c a re a:so oho wo r` 6 mop i t^5SAAKTed w a AA111.r.`a =.aq 20(1' or sea W lose esrrrrose s a;$By t tr�a- ietArootA l#ez <'r r°, €!'4616 6 na4'fr666 '1�- 5r. ra`&'f�2 4f€ ts';"w e'Jr ,r.t 'AF 2J rt-,Ilrc The locus parcel ranked high for habitat value on a c ounty —wide basis . Habitat Protection Priority LOW (0-.24) MEDIUM (25- ,49) ri HIGH (.50- ,74) NHI (. 75-1.0)GHEST NOT RANKED (developed) PROTECTED ea+errrserr =r f+ i Pala' 633 S Arn-vA,, Ah`.:` .• Ftn 'l,r'r prp ylame N. Ihrbt,$inorl Fund rn: A phi at'.wq �t:. TIe Mwurx C um Cape Cod Wildlife Conservation Project Town of Brewster Parcel Ranking ATTACHMENT I. Huckleberry Hill NW Project State LAND Grant Application: BID ENV 23 DCS 01 Town of Brewster The Nature Conservancy Resilient Land ;\ / ,' //1 Over 50% of the parcel is ranked average to more resilient. Legend 4.925 acre locus parcel ! I Tax Parcels 11.111 Most resilient More resilient F .�_.j Slightly more resilient Average/median resilient ® Developed N Map prepared June 2021. Data provided by MassGIS, TNC, and The Compact of Cape Cod Conservation Trusts, Inc. 300 150 0 300 600 900 Feet ATTACHMENT K. Huckleberry Hill NW Project State LAND Grant Application: BID ENV 23 DCS 01 Town of Brewster Statewide Land Conservation Plan Map The majority of the locus parcel was mapped by the Statewide Land Conservation Plan. Map prepared May 2021. Data provided by MassGIS and The Compact of Cape Cod Conservation Trusts, Inc. N Baker's Pond 4.925 acre locus parcel Tax Parcels Statewide Land Conservation Plan 700 350 0 700 1,400 2,100 Feet ATTACHMENT I- • Huckleberry Hill NW Project State LAND Grant Application: BID ENV 23 DCS 01 Town of Brewster Index of Ecological Integrity Map CAPS Index of Ecological Integrity (IEI) Town of BREWSTER NIA Locus parcel ad- joins a major IEI site in E Brewster CAPS is an approach to prioritizing land for conservation based on the assessment of ecological integrity for various ecological communities (e.g. forest, shrub swamp, headwater stream) within an area. The Index of Ecological Integrity (1E1) delineates the relative wildlife habitat and biodiversity value of any point on the landscape based on principles of landscape ecology and expert opinion. https://umassdsl.org/masscaps/lElmaps/ CAPS IEI BREWSTER.pdf IE1, Index of Ecological Integrity Top 50%o of the Landscape Forests Shrublands Min Coastal Upland Freshwater Wetland Coastal Wetland & A 50-60 60-70 70-80 80-90 90.100% ATTACHMENT M. PUBLIC WALKING TRAILS HUCKLEBERRY HILL NW LAND ACQUISITION L.A.N. D. GRANT (BID ENV 23 DCS 01) TOWN OF BREWSTER Mil tarewster Conservation Trust ar other non-protrt• Town of Brewster Open Space" Soma wee only t,iformat neCraar Nickerson Stake Park L/ Mapped Walking Area Other Largo Walking Area (maps mallar*r) ` Other Walking Area Pocket Park ,_0 1) Cape Cod Rail Trail Cape Cod Rail Trail Parking Ci 'l✓ Dennis Dennis won cre4 morn PUNKNONN PARKLANDS Harwich 2 1 19 la.,rrr) Brewster 1 Quivett Marsh Vista 2 John & Kristi Hay Trail 3 John Wing Trail 4 Lee Baldwin Trail 5 Eddy Bay Trail 6 Eddy Sisters Trail Orleans Orleans 1uCraxaOra $TAT 13 Harwich alking AreiMaps 7 Catfeld Pond Trails 8 Eag' Point Trails 9 Soy lour Pond Trails 10 Shep Pond Woodlands 11 Spree Hill Conservation Area 12 Bakrs Pond Trails 'The proposed 5 -acre Huckleberry Hill NW land acquisition will enable the Town to create a new, expanded 2 -mile long walking trail system centered around the trailhead parking that currently exists at the 90 -acre Bakers Pond/Huckleberry Hill Town/BCT Conservation Area near Nickerson State Park. The loop trail is one of a dozen major trails in Brewster. Source: Brewster Conservation Trust and Town of Brewster, "2017 Brewster Walking Trails," O Map Works, Harwich MA Page 1 of 2 ATTACHMENT M. PUBLIC WALKING TRAILS HUCKLEBERRY HILL NW LAND ACQUISITION L.A.N. D. GRANT (BID ENV 23 DCS 01) TOWN OF BREWSTER A 2 -mile network of formal and informal trails are widely used by members of the public throughout the extensive woods west of Bakers Pond, almost all now on Town -owned conservation land or Brewster Conservation Trust property. The 5 -acre locus, subject of the FY23 LAND application, is the "missing link" to enable the Town of Brewster to extend the public trail system here. Our partner the Town of Orleans maintains a joint formal parking area on public Bakers Pond Road. 12 Bakers Pond Bakers Pond is on the boundary with Orleans, with some of its shoreline protected by each town. A short blue loop in Orleans and a longer one in Brewster provide good pond overlooks. Huckleberry Hill is located further west via the yellow trail. Cart paths and foot trails traverse a 90 -acre assemblage of BCT and town -owned conservation lands. In some places trails run close to unmarked private land, so please stay on color -coded trails. There is a peaceful valley with a vernal pool, and then a 120 ft. climb up Huckleberry Hill. The mixed forest has some white pine, mockernut, sassafras, and a grove of American beech. In the autumn, the carpet of knee-high huckleberry shrubs turn wine -red. Round trip trail length: 2 mile Yellow loop. Directions: Take Rt. 6A east to just after the Orleans town line, turn right on to Bakers Pond Road and travel 0.6 miles. The parking lot for Bakers Pond Conservation area is on the right. Color coded trails start at the parking lot; the Yellow Trailhead is at the right end of the lot and Orleans Blue Trailhead at the left. Page 2 of 2 HUCKLEBERRY HILL NW FY23 STATE LAND GRANT APPLICATION, TOWN OF BREWSTER Attachment 4.i DCS Acknowledgement Letter for Conservation Restrict -ion Cita.rles D. Baker GOVERNOR The Col monweatth of _Massachusetts Evcutive 0fjice ofEnerj anc; EnronmentatAffairs 100 Cambridge Street, Suite 900 Boston, ,11,4 02114 IS.sxyn E. Polito LIEUTENANT GOVERNOR Kathleen A Theoharides SECRETARY Mark Robinson Executive Director- The Compact of Cape Cod Conservation Trusts, Inc. P.O Box 443 Barnstable, MA i02630 - Tel : (617) 626-1000 Fax. (617) 626_1181 http:fivo w.nta ;.goovieea June 7, 20121. Re: Acknowledem ent of Receipt of Conservation Restriction f `s CR") CR Ish m er: BREWSTER #089 CR R Erencg #:17004 Gro, sor & Grantee: Town of Brewster Con seriratiosi, Comrnission to Brewster, Conservation Trust, CR Address: 0 Holly Avenue (rear) 'Town: BREWSTER. i ? ear Mark: This letter serves to acknowledge receipt of the subject draft Conservation Restriction Please use the assigned CR_ Reference #- 17004 and the CR Number (BREWSTER # 089) in all future cotT espondenee. Your.- CR submission will be reviewed as soon as possible. Once an initial review has been conducted, you will receive comments and requested revisions.. Please contact me if you have any questions, Sincerely, DENISE PIRES DCS Pro,grcxm Coorain to ' eriise.Pires ass_gov HUCKLEBERRY HILL NW FY23 STATE LAND GRANT APPLICATION, TOWN OF BREWSTER Attachment 4.i i DCS Application Form for Conservation Restriction CONSERVATION RESTRICTION APPLICATION FORM, COf4 MONO 'EALTH OF MASSACHUISETTG DIVISION OF CONSERVATION SERVICES EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS — July 2020' FOR AGENCY USE OfIL.Y DATE: MUNICIPALITY (list all): NUMERIC ASSlGNMENT(s): l CR REGISTRY EIS PG GRANT PROJECT ID (IF APPLICABLE) Contact Information Grantor Mamels): Town of Brewster. Conservation Commission Primary Grantee: Brewster Conservation Trust Secondary Grantee: 1 ;= CR. Contact totorrnatatan —all review oonrespondience CR Contact 41: Mark H. Robinson will Eitco to the TM ted CR ntaar sj. CR Contact 42: Amy Henderson CR Contact #1 Email: marlt ittte cmpactnet CR Contact 42 E-mail: arnyutjrewstercon. reationtnjst org CR Contact 41 Phone: 50®.6114.7415 CR Contact 42' Phone: eaa,..6O4.672DI CR Contact 41 Address: P.O. Bo 443 CR Contact 42 Address: 36 Red Top Road CR Contact #d1 Address: Barnstable, MA 026301 CR Background Information This is an amendment to an existing CR E: Yes N No if yes, enter the recording information for the existing CR: ;R:eg'str'' N3Fr 11 yes„ deson e the reason for MeArnensiment and how it will r-eulf ,i. tl. r _. to 'ter t xt. Grantor's Intent The CR is a Charitable Contribution 7.1 Yes 7 No Required as part of a state pemaitting process 7 Yes 1 No Required by a fittGL Ch. 40 Sec. 0 Special Permit El Yes 71 No Required by a IdGL Ch. 131 Sec. 40 Wetlands Order of Conditions E Required by a MGL Ch, 131 MESA Conservation and Management Permit Required by CPA "?1 Yes :'!. No Other 7 ties 0 No if safer, piesze explain LAND Grant (pending;, CR Contact 42 Address: Brewster, MA 026-31 e, E,c:k't., and Page € r a net gain in conservation value Yes l NG or otherNI-@ESP Requirement 7; Yes El No MunicipalityI CR Location {enter all that:apply+'): Brewster, MA Premises Street Address: 11:dolls Avenue ,.P.,-.7_', of Parcels ". Total Parcel Acres ... CR Acres :5 ,E, _.a Site/Project Name (if applicable) Burke Property Assessors ltiap(s) and Lot(si::'. ;-ap 1337-1-0 Will the CR convey public access? 3 Yes 7 No Will a baseline documentation report be pre red? ^] Yes 7 No Ifr,a why? E,tefly _xplain, Mty there iilte will nobasrlin h'21',7., The Premises is. Encumbered by one or more easements E Yes .7 No What type o asse.rnerttl:s' if yes, the easemen:i;s) is shown on a survey plan .0 Yes. 0 No 11 yes„ enter the recording information for the easements here Registy, B000k, and Page for all e. :+n::s There is one (or mare) mortgage on the Premises E1.. '71 No The Grantor has clear tide 17 Yes 7 No If no. explain: Why does the Grantor rot have clear title? The CRrequires review by another Massachusetts State Agency El Yes 7 No 're dos 2.is 4... ern .¢,< Ac,er zy Conta:: °,-larre, Phone 'd E_Ti.i CR has been reviewed by the other state agency 7 Yes 2] No HUCKLEBERRY HILL NW FY23 STATE LAND GRANT APPLICATION, TOWN OF BREWSTER Attachment 4.i i DCS Application Form for Conservation Restriction CONSERVATION ON RESTRICTION APPLICATION FORM COMMONWEALTH OF MASSACHUSETTS DIVISION OF 'CONSERVATION SER°V;CES EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS -v. July 21828 Funding Information - sources of funding For the acquisition of the fee interest or CR Community Preservation Act Fl Yes'r.: No #62,5130 Conservation Land Tax Credit E Yes C No Amount Enter collar. rrscu ceT °:red: State Grant NYes Cl No LAND Grant Annount(s)Ent_rdo ar amount for e c sta~e grant Federal Grant 0 Yes 0 No Narnets)Emer ran*e c=' grant pr ,rt -.-r Amount(s)Eo .r m w a ie -t f,.. each f.xleral g:.s* t Other C Yes. No Name(s) re;: tr CCenser at eon T n: s+ Amount(s) pending include all applicable town votes authorizing use of funds, project agreements. or other documentation of funding. If project agreements are recorded. provide recording information in the CR. All rnisni ipal, state, and federal funding sources must be listed in the CR in Section 1, Purposes. This CR has a deadline :.,.c Yes D N!o C he-reto s ter a date Exc ain riAl0TE.: DCS canna guarantee theta review wag be processed bed your deadline. Submit your CJs at least 3 months before any strict deadline ro ai"ow for omNplie reviews, if necessary] Return Address and Mailing information (for return mailing of EEA Secretary's signature page) (CHECK ONE) I have included with my submission a PDF of a FedEx label for return mailing via FedEx CJ Please send the CR back via EEA regular outgoing mail to CR Applicant #'I or to address indicated below El Erwrer ai en Ie-name. actressand phone ;i !o; r= r U Prepared by: Mark Robinson I{pr aareta by someone other than CR Contact 41 or CR Contact '# , given above, please give frreparer contact information AppheaScp Prepa'rercFnon EP.1111,r. ,...!!fL,otent Fs`r, ATTACHMENTS: REQUIRED a. Draft Conservation Restriction 1a. Metes and bounds description' c. Survey plan (you must include either a mete; and hounds description or a swvey plan) d. 'Grantor's Deed (n/a if Grantor will acquire the fee interest simultaneously with the CR) IF APPLICABLE. (if applicable, then required) I. Town Vote for CPA Purchase g. Trustee Certificate or Other Corporate Authority If Grant'oris a Trarst LLC,. or other Corporation This can be a draft h. Conservation Management Permit (from DFW) i. Determination Letter (from DiFW) J. Wetlands Order of Conditions C.13'1_§4C k. Zoning, C. 40A, §9 Special Permit, etc. [A Yes LJ Yes Bl Yes. Cy] Yes Yes LL No Li (pending) Li Yes L. No F7 N/A UYes L]No El NIA U Yes L No M N/A U Yes LJ No + ILIA. Yes No 1:21 N/A (In accordance with MGL. Chapter 184 Sec. 28. the Premises description must be either full metes and bounds description, or a recorded plan of land! - an unrecorded plan may be provided with the application provided it will be recorded along with or before the CR) HUCKLEBERRY HILL NW FY23 STATE LAND GRANT APPLICATION, TOWN OF BREWSTER Attachment 4.i i i Draft Conservation Restriction (full copy at end of application) r rU C KBE Y Hear T BREWSTER„ 1L4 GRANTOR: Brewster Conservation Trust GRANTEE: Town of Brewster, Conservation Commission ADDRESS OF PREMISES: 0 Holly Avenue (Rear), Brewster, IliLk 02631. FOR GRANTOR'S TITLE SEE: Barnstable County Registry of Deeds Book Page poydingl FOR PLA,N OF RECORD SEE: Barnstable Counts, Registry of Deeds Plan Book 219, Page 79 CONSERVATION RESTRICTION JOSEPH BIERNAT, AMY CHESNUT, BETH FICH, DEBRA JOHNSON, PETER JOHNSON, NIARTENT KAMARCK., DONALD RERAN, JOIEs1 LAMB, STEPHEN wub2i,x, HAL MINIS, BONNIE NEWMAN, ROGER V. O'DAY, PETER W. SOIJLE, CHARLES L. SUM ER, SE EMUS WOODS, and ROSEMARY VAN ANTWERP, as Trustees of the BREWSTER CONSERVATION TRUST, under a Declaration of Trust dated June 22. 1983 and recorded with the Barnstable County Registry of Deeds in Book 3791, Page 25, as amended, with a mailing address of P.O. Box 2.68, Brewster, MA. 02.631, being the sole owner, its successors and assigns holding any interest in the Premises,: as hereinafter defined ('Grantor'). acting pursuant to Sections 31, 32_ and 33 of Chapter 184 of the Massachusetts General Laws, grants with QUITCLAIM COVENANTS to TITS'. TOWN OF BREWSTER_ a Massachusetts. municipal corporation with at address of 2198 Main Street: Brewster,Massachusetts:, 02631, acting by and through its Conservation Commission and Select Board and pursuant to authority granted by the vote taken under Article _ of the November 2022 Special Town Meeting_, an attested copy of which is attached. hereto as Exhibit C_ by authority of Section 8C of Chapter 40 of the Massachusetts General Laws, ("Grantee), in consideration of TWO HUNDRED AND FLETY THOUS TI and 00.x'100 DOLLARS (250,000.00)_ IN PERPETUITY AND EXCLUSIVELY FOR CONSERVATION PURPOSES, the following Conservation Restriction on land located in the. Town of Brewster,: County of Barnstable_, Commonwealth of Massachusetts_ containing approximately 925 acres (Premises"), which Premises is more particularly described in Exhibit A and shown in the attached reduced plan in Exhibit B, both ofwhich. are incorporated herein and attached hereto. I., PURPOSES: This Conservation. Restriction is defined in and authorized by Sections 31, 32 and 33 of Chapter 184 of the Massachusetts. General Laws and otherwise by law_ The purpose of this Conservation HUCKLEBERRY HILL NW Town of Brewster FY23 State LAND grant application MASSWILDLPFE ATTACHMENT 5.a Mass. Natural Heritage and Endangered Species Program Review Letter DIVISION OF FISHERIES &WILDLIFE 1 Rabbit I-lW Road, Westborough, MA 01581 p: (508) 389-6300 I f: (508) 389-7890 MASS.GOV/MASS WILDLIFE April 15, 2022 Mark Robinson Executive Director P.O. Box 443 Barnstable, MA 02630 RE: Town of Brewster - LAND grant proposal Ex -Burke property— MESA -listed species information NHESP Tracking Number: 22-40988 Dear Mr. Robinson, Thank you for requesting comments from the Massachusetts Natural Heritage and Endangered Species Program (NHESP) for MESA -listed species presence / absence from your grant application site. Currently, the NHESP has no documented habitat of species listed under the Massachusetts Endangered Species Act (MESA) on the subject property. This evaluation is based on the most recent information available in the NHESP database, which is constantly being expanded and updated through ongoing research and inventory. While protection of the subject parcel may not benefit rare species, it will 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. For any additional questions regarding this data release, please contact (508) 389-6360. MASS WILDLIFE HUCKLEBERRY HILL NW Town of Brewster FY23 State LAND grant application ATTACHMENT 5.b Mass. Historical Commission Review Letter RECEI MAY 1 9 2t122 950 CMR: OFFICE OF THE SECRETARY OF THE COMMONWEALTH Project Name: Location / Address: City / Town: APPENDIX A MASSACHUSETTS HISTORICAL COMMISSION 220 MORRISSEY BOULEVA r' =er review of MHO files and the materials BOSTON, MASS. 02125 ou submitted, it has been determined that 617-727-8470, FAX: 617-727-5 § project is unlikely to affect significant �JIiIVirPROJECT NOTIFICATION F ic or archaeological resources. Huckleberry Hill NW Project 0 Holly Avenue (Rear) Brewster, MA l'Hc4t R -c 4>9gi< Project Proponent Name: Address: Edward L. Bell i a S z yZ Date Deputy State Historic Preservation Officer Massactusettst i ission EEA-De_S The Compact of Cape Cod Conservation Trusts/Brewster Conservation Trust P.O. Box 443 City/Town/Zip/Telephone: Barnstable, MA 02630 Agency license or funding for the project (list all licenses, permits, approvals, grants or other entitlements being sought from state and federal agencies). Agency Name Tvpe of License or funding (specify) MA Executive Office Office of Energy and Environment, Div of Conservation Services Project Description (narrative): State LAND grant Does the project include demolition? If so, specify nature of demolition and describe the building(s) which are proposed for demolition. No Does the project include rehabilitation of any existing buildings? If so, specify nature of rehabilitation and describe the building(s) which are proposed for rehabilitation. No Does the project include new construction? If so, describe (attach plans and elevations if necessary). No 5/31/96 (Effective 7/1/93) - corrected 950 CMR - 275 HUCKLEBERRY HILL NW Town of Brewster FY23 State LAND grant application Department of Conservation and fs_cre1,~ltton 251 Causeway Stroot, Suite 500 E3sston MA 02114.2119 517.621-1.250 017-x,25.1351 Fax Vdwcv.mas5.[1Ov; dcr dcr Massachusetts May 1, 2022 ATTACHMENT 5.c Letter of Support Vanessa Famy, LAND Grant Coordinator Division of Conservation Services Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite #900 Boston MA 02114 Dear Ms. Farny: I understand that the Town of Brewster is working in partnership with the Brewster Conservation Trust to protect the 5 -acre parcel known as Huckleberry Hill NW off Holly Ave in East Brewster. This parcel adjoins to the 140 acres that the towns of Orleans and Brewster have preserved for habitat and walking trail use between Bakers Pond and Nickerson. State Park. I have served as the Superintendent for the Park for many years and know that woodland area very well. This acquisition on the northwest flank of Huckleberry Hill would enable hikers to connect through to Angler's Cartway and so walk west down into the Park on the dirt road. I support this acquisition effort and hope that you will recommend it for funding under the LAND grant program at EOEEA. Thank you for the opportunity to comment on this proposal. Sincerely, Eric Levy, Superintendent Forest and Park Regional Coordinator Nickerson State Park Complex & Hawksnest State Forest COMMC5NINEALTFI OF MASSACHUSETTS F .:ECU11VE OFFICE OFF ENE R Y 1& ENVtRONMFNFAL AFFAIRS Matthew A liG ion, 50d otory, J a<�ztrtive 00ic� ref Fnergy Y- f nvuonnuental Aftaun:; Ctio Ics D, Baker C ;nvr.lnor K,rryn E. Polar) Lt. Governor C8E0I 1. Sanc.1u , r:onvuuisxinncr D '1uvcrtrnent nP Co; Iserv.7IJbn t; RCCre.41011 HUCKLEBERRY HILL NW Town of Brewster FY23 State LAND grant application ATTACHMENT 5.d Town of Orleans Support Letter June 6, 2022 Town of Orleans Conservation Commission Town Hall ° 19 School Road ° Orleans, Massachusetts 02653-3699 Tel: (508) 240-3700 Ext. 2425 / Fax: (508) 240-3388 Vanessa Farny, LAND Grant Coordinator Division of Conservation Services Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite #900 Boston MA 02114 Dear Ms. Farny: We understand that the Town of Brewster is working, in partnership with the Brewster Conservation Trust, to protect the 5 -acre parcel known as Huckleberry Hill NW off Holly Ave in East. Brewster. This parcel adjoins to the 140 acres that the towns of Orleans and Brewster have preserved for habitat and walking trail use between Bakers Pond and Nickerson State Park. The two towns and our respective land trusts have worked together since the 1970s to preserve open space in this critical habitat area. In fact, the main trailhead for the Brewster -Orleans 2 -mile loop walking trail is on Baker's Pond Road in Orleans. Having another "way in" from the Brewster side should provide convenience for walkers joining the trail system from the west and reducing the burden on our parking area. We will continue to work across the town border to make this public outdoor recreational facility attractive to all users. We support this acquisition effort and hope that you will recommend it for funding under the LAND grant program at EOEEA. Thank you for the opportunity to comment on this proposal. Sincerely, al1i Jannell Administrator Conservation Department HUCKLEBERRY HILL NW Town of Brewster FY23 State LAND grant application ATTACHMENT 5.e Brewster Conservation Trust June 30, 2022 Letter of Support BREWSTER CONSERVATION TRUST 36 Red Top Road Brewster, Massachusetts 02631 www.brewsterconservationtrust.org Ms. Vanessa. Farny Division of Conservation Services Executive Office of Energy and Environmental Affairs 100 Cambridge Street #900 Boston MA 02114 Dear Ms. Farny: RE: BID ENV 23 DCS O1 LAND Grant Program Huckleberry Hill NW Land (CR) Acquisition 4.925 acres, Brewster On behalf of the Brewster Conservation Trust (BCT), I am writing to express our strong support for the Town of Brewster's request for a State LAND grant in FY23 to partner with us in the preservation of the above -referenced parcel. The locus parcel is a key link in our Huckleberry Hill/Bakers Pond walking trail system, which was added to our joint Brewster Trail Guide in recent years, owing to our success in assembling a major open space area with the Town of Orleans as well. BCT will purchase the parcel this coming winter from our interim acquisition agent, The Compact of Cape Cod Conservation Trusts. BCT will then convey a Conservation Restriction to the Town of Brewster, as we frequently do on other parcels around town. BCT has an active environmental education and public outreach program, managed by our Outreach Coordinator. Some samples of our events are attached, including our guided trail walks and elementary school group activities on Huckleberry Hill. Please also see our Evidence of Project Leverage attached to this application. We continue to work with adjoining private landowners on open space protection and recently facilitated a "buy and hold" for the State's Nickerson State Park (the Walsh parcel). Thank you for the opportunity to comment on this proposal. I look forward to meeting you at the site visit this summer. Sincerely, Amy Henderson Executive Director May Update 2021 Pae 1 Brewster Ponds Coalition da e Bakers Pond Walk nihtnt :f le: C Users array AppData Local :4ltccosoft Window May Update 2021 ea ache C ontent.t 4 14 _0'2 Page ' of 4 This guided walk. approximately i-t•z: to _ hours, wanders along woodeddirt trails. seldom used bumpy roads, and through a residential area. We will have distant and close up views of Bakers Pond and will join trails in Nickerson State Park to Higgins Pond. The walk is for adults and could be challenging for casual walkers not used to stones and roots or inclines. BEING HELD Saturday, May 22 10AM Rain date Sunday, May 23 Before the event, receive meet up instructions and further details via email PARTICIPATION COSTS Free to BPC Members S © Non -Members Contribution Limited to 35 Participants Maximurn Brewster Conservation Trust ORLEANS CONSERVATION TRU Nauset Regional Middle School Baker's Pond Walk with Orleans Conservation Trust and Brewster Conservation Trust, February 9, 2022 Students from Nauset Regional Middle School met at the Bakers Pond trail for a walk jointly hosted by Orleans Conservation Trust (OCT) and Brewster Conservation Trust (BCT). Alex from OCT and Jon and Dee from BCT lead two groups of middle-schoolers with help from their AmeriCorps Cape Cod placements, Jessie and Vince. The groups walked the yellow trail which meanders through 140 acres of land owned by the Town of Brewster, Brewster Conservation Trust, and Orleans Conservation Trust. The 140 acres is host to critical and unique habitats like a certified vernal pool and an acidic maple swamp. The students played games, raced each other to the top of Huckleberry Hill, and learned all about native plants. Students were taught how to identify pitch pines and oak trees and Old Man's beard lichen. They even spotted an American Chestnut tree —these trees used to make up 25% of the forest in the Eastern United States but were devastated by chestnut blight in the first half of the 20th century. The groups discussed the importance of conservation lands, and how they clean the water we drink and swim in as well as the air we breathe. These walks and talks with the Nauset Regional Middle School are part of the BCT's efforts to reach out and engage in different age groups in conservation. Nature Walk with Jon Bruce —July 2021, Tuesday, July 13 at 9 am Baker's Pond Trail Join BCT Land Stewardship Coordinator and invasive plant expert Jon Bruce at Bakers Pond Trail. This property shares a boundary with Orleans, with some of its shoreline protected by each town. A short blue loop in Orleans and a longer one in Brewster provide good pond overlooks. Huckleberry Hill is located farther west via the yellow trail. Cart paths and foot trails traverse a 140 -acre assemblage of BCT and town -owned conservation lands. There is a peaceful valley with a vernal pool, and then a 120 ft. climb up Huckleberry Hill. The mixed forest has some white pine, mockernut, sassafras, and a grove of American beech, In the autumn, the carpet of knee-high huckleberry shrubs turn wine -red (2 mile loop). This walk will be about 60 minutes. NOERDLINGER , 10 acres BCT to pur- chasefrom Walsh for resale to DCR Noerdlinger 10+ acres St. Aubin St . Aubin home t so Salzer 7+ acres Town Cons. BCT#150 Ex -Darling 9 ac . Powers 3. 77 acres Map 135-2 BCT#131A Ex-Tellier 9.65 ac . Powers S 11.8 acres Map 135-3 HUCKLEBERRY HILL NW LAND ACQUISITION L.A.N.D. GRANT (BID ENV 23 DCS 01) T OWN OF BREWSTER APPLICATION E vidence of Project Lever age in Vicinity r' 'l ♦A Town Cons . POWERS ESTATE WOODLOTS , 20 acres total Town Cons . x-Figueras T ow n Cons. Powers hone Map 135-7 Town Cons. 310 411 II,, 1G: .t�9c al e = 1:45 `.4 .,2'3.535 .12- . a35:25::!2m S ' oPograAFuc Fe aaees Sas ensag. Mark Robinson HUCKLEBERRY HILL NW LAND ACQUISITION L.A.N.D. GRANT (BID ENV 23 DCS 01) TOWN OF BREWSTER APPLICATION Evidence of Project Leverage in Vicinity -----Original Message From: Mark Robinson [mailto:mark@thecompact.netj Sent: Friday, August 28, 2020 11:11 AM To: 'Mayo Noerdlinger, MD' Subject: Brewster land Hi Mayo, I am glad the conservation restriction at Barley Neck is completed. Please let me know if you need help with the federal income tax deduction and property tax relief. As you may know, I advise local non-profit land trusts all over the Cape and have done so for almost 35 years. One of my other groups is the Brewster Conservation Trust. BCT has asked me to pick up with you wherever you and Jeff Thibodeau left off last year, in thinking about options for your parcel in East Brewster. I am familiar with that area. Could I speak with you at your convenience? Is there a phone number and time that is best for you next week? Thanks in advance. Mark H. Robinson Executive Director THE COMPACT OF CAPE COD CONSERVATION TRUSTS, INC. Office: 36 Red Top Road, Brewster MA Mailing: P.O. Box 443, Barnstable MA 02630 Tel, 508-694-741.5 www.thecompact.net BREWSTER CONSERVATION TRUST Box 268 Brewster, Massachusetts 02631 www.brewsterconservationtrust.org Elizabeth & Mayo A Noerdlinger, Trustees Noerdlinger Family Realty Trust 226 Hillsdale Way Redwood City, CA 94062 October 17, 2017 Dear Mr. and Mrs. Noerdlinger, HUCKLEBERRY HILL NW LAND ACQUISITION L.A.N.D. GRANT (BID ENV 23 DCS 01) TOWN OF BREWSTER APPLICATION Evidence of Project Leverage in Vicinity I am writing on behalf of the Brewster Conservation Trust to follow up on an offer to purchase your Brewster land. But this is not the first time we've crossed paths. I. grew up in Brewster and used to play baseball with/against you Mayo, Do you remember me — Jeff Thibodeau? I understand you are a physician - perhaps a surgeon - now! That's great! Hope you are well. The Brewster Conservation Trust, for which. I work, is a private non-profit organization dedicated to the protection of conservation land throughout town. Founded in 1983, we have protected over 1200 acres of land for its environmental values. As part of that effort, we would like to purchase your 10.59 acre lot (assessors map 124 parcel 4) located near Nickerson State Park. We recently submitted an offer to purchase your land for $200,000 cash. Since we are a charitable 501c3 organization, we can offer you both cash and additional tax advantages if you choose to sell your land to us. We shared some information with your realtor last week about how these tax advantages could work and I provide some additional information below. You need to be guided by your own tax advisors. Potential Tax Benefits If you choose to sell your land to us at a price below fair market value, there are several tax advantages for you which will help to increase your net income, Federal Income Tax Deductions If you sell to us at below market value you will receive a federal income tax deduction. The amount of the deduction is determined by value of your donation (the difference between the fair market value of the land and its bargain sale/donation value). The deduction can be applied to 30% of your adjusted gross income over a six - year period. You would hire an appraiser to quantify the deduction and sign the acknowledgment to the Internal Revenue Service. Massachusetts Conservation Land Tax Credit Program The state offers a significant tax credit to people who sell their land for conservation if the land is deemed eligible (we believe it is based on its inclusion in a Zone II wellhead protection area). The tax credit is worth 50% of the value of your donation (up to a maximum of $75,000). For example, if your land is worth $425,000 (your appraised value) and you sell it to us for $200,000, that would generate a $225,000 donation and you would get back $75,000 from the state in the form of a check. It's almost that simple. There is an application process that we would coordinate for you and because of the program's popularity, there is currently a waiting period of 15 months to close the deal. For those who can wait, this is an excellent way to maximize your return. Environmental Significance Your property is environmentally significant because of its well vegetated condition, making it excellent wildlife habitat, and its proximity to Nickerson State Park. It lies partially or completely within the following important environmental zones: • Massachusetts Natural Heritage and Endangered Species Program (MNHESP) Biomap 2 Critical Natural Landscape; and, • Zone II water supply protection area. This environmental significance and its proximity to other conservation lands are important reasons to consider placing your land in conservation and also increases the likelihood that it will be eligible for a State Conservation Land Tax Credit. Proposed Financial Scenario Here is a hypothetical financial breakdown based on your assumed appraised market value of $425,000 and our offer of $200,000. We have included the state tax credit into this spreadsheet since it increases your income but taking part in that program is optional. You would need an appraisal to certify the actual market value and should consult with your accountant regarding these numbers and your personal financial situation. But this provides a goodsnapshot into our thinking. NOERDLINGER PROPERTY: COMPARISON OF CONSERVATION VERSUS DEVELOPMENT SALE ASSUMPTIONS: EXPLANATION: Fair market value is $425,000 seller's appraisal Property basis is $10,000 guess Sellers are in the 25 percent IRS tax bracket to 39.6%) (ranges from 10% Broker's fee is 6 percent (full commission on development sale only) Al B ITEM 2019 SALE for 2019 FMV SALE for CONSERVATION DEVELOPMENT Fair Market Value $425,000 $425,000 Charitable Gift $225,000 $0 Sale Price $200,000 $425,000 Sale Costs (broker's fee) $6,000 $25,500 Net Sales Proceeds $194,000 $399,500 Reportable Capital Gain $195,294 $280,800 15% Fed. Cap. Gains Tax $29,294 $42,120 5% state Cap. Gains Tax $9,765 $14,040 TOTAL Cap Gains Tax $39,059 $56,160 Final Net Sales Proceeds $194,000 $399,500 2 minus: total capital gains tax $39,059 $56,160 plus: saved fed. income taxes (6 yrs) $56,250 $0 plus: state tax credit* (spring 2019) $75,000 $0 minus: fed inc tx on state tx refund** $18,750 $0 net tax credit $56,250 $0 TOTAL After -Sale NET Cash $267,441 $343,340 You will notice that by selling your property to us you can still approach the income you would enjoy by selling for development, but would avoid many of the contingencies and headaches that come with it. And you would be making a positive impact on the Cape Cod environment. Under the scenario outlined, you would receive $267,441 in cash and tax credits and other incentives. I would like to speak with you to discuss things in more detail and answer any questions you might have. I can be reached at 508.237.9000 (cell). My email is: jeff@brewsterconservationtrust.org Sincerely, ' Jeff Th ibodeau, Land Acquisition and Stewardship Specialist TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 ExT 135 FAX: (508) 896-8089 CONSERVATIONGTOWN.BREWSTER. MA.US June 29, 2022 Mr. Vanessa Farny Division of Conservation Services Executive Office of Energy and Environmental Affairs 100 Cambridge Street #900 Boston MA 02114 Dear Ms. Varny: OFFICE OF CONSERVATION COMMISSION RE: BID ENV 23 DCS 01 LAND Grant Program Hckleberry Hill NW Land (CR) Acquisition 4.925 acres, Brewster On behalf of the Brewster Conservation Commission, I am submitting an application from the Town of Brewster for a $130,000+ LAND grant reimbursement towards the Town's intended purchase of a Conservation Restriction (CR) on a critical 4.925 -acre property known as the Huckleberry Hill NW Project. We will bring this proposal to our 2022 Town Meeting in September for this intended use of our Community Preservation Fund. Huckleberry Hill is 145 feet high and the highest hill in Brewster. The purchase will preserve Critical Natural Landscape for rare species on the northwest flank of this pine -oak forest hill, and protect and grant unimpede3d access to the 2 -mile loop of formal existing public trails around Baker's Pond in Brewster and Orleans. The 4.925 acres abut the 140 acres of Article 97 conservation land in Brewster and Orleans on the south and east. The Commission intends to monitor the CR on the property for conservation and passive recreation. We will purchase the CR on the parcel from our nonprofit partner the Brewster Conservation Trust (BCT) which will acquire fee simple to the parcel next winter. Our 7 -year Open Space and Recreation Plan is updated and valid through January 2028. We are in compliance with State rules requiring CRs on Land Bank and CPA -funded parcels. We have no Article 97 issues. The Town of Brewster was fortunate to receive a Self Help/LAND Grant reimbursement in 1998 for our 20 -acre Baker's Pond conservation land acquisition near this locus parcel. We hope the Commonwealth will want to further protect the public investment by the State in this important hiking and habitat area by providing a LAND grant to this current project. Thank you for the opportunity to submit this application. Please let us know when you would like to visit. Very truly yours, Michael Tobin, Chairman Brewster Conservation Commission cc: Select Board, Planning Board, Open Space Committee, CPC; BCT Documentation of Good Land Stewardship Funded in part by State Self -Help LAND grants, these Town of Brewster Conservation Areas have been opened for public use according to their respective management plans, with invasives removal, trailhead parking, kiosks, benches, picnic tables and trails with overlook destinations. They are also featured in the jointly -funded Town and land trust Trail Guide (2017). ATTACHMENT 6 HUCKLEBERRY HILL NW Town of Brewster FY23 LAND Grant QUIVETT MARSH VISTA, State LAND GRANT, FY 2009 All -access ADA-compliant sitting area installed by Americorps and Town DNR in 2015, with overlook to marsh. EXAMPLES OF GOOD STEWARDSHIP FY23 LAND Grant application, Town of Brewster Conservation Commission ATTACHMENT 6. page 1 of 3 STONY BROOK PRESERVE, State LAND GRANT, FY 2007 Drummer Boy Park Town of Brewster Conservation Division Bench ATTACHMENT 6. HUCKLEBERRY HILL NW Town of Brewster FY23 LAND Grant Cape Cod Museum of Natural History Land Stang ill ne Wall Remnants. Stony Brook Conservation Area John & Kristi Hay Trail Map Olt II Legend John & Kristi Hay Trail Points 111 Trail Head `;,C8 Boulder .7V Bench 520 Stone Wall Stone Wall Remnants Beech —�-- John & Kristi Ray Trail Stony Brook Conservation Area CI Parking 4 Parking for one vehrcle Miles 0 0.025 0.05 0.1 EXAMPLES OF GOOD STEWARDSHIP FY23 LAND Grant application, Town of Brewster Conservation Commission ATTACHMENT 6 page 2 of 3 Two printings of 5,000 copies each have been made of the Brewster Walking Trail Guide and Maps and distributed to the public for free. Prepared and funded jointly by the Town and the Brewster Conservation Trust, the Guidebook enables residents and the town's many visitors to find the trails and appreciate some of their lore. ATTACHMENT 6. HUCKLEBERRY HILL NW Town of Brewster FY23 LAND Grant Brewster Cunscrvatirnr Trust P.O. Box 268 Brewster 141,E 02631 l5' NA 11r1:V.'4t1:1 t:,tii\i:T\";if ltlntTt t\i op_ Town ref Brewster. MA asa av tuwn.hiewstar_ut<t.aas Brewster Walking Trails 1 Quivett Marsh Vista Quivet t Marsh Vista was formerly the site of the Skyline Motel (lye; -l' st2k Having. been shuttered fiat maul} years, the iormei owner lure down the motel to piLiv'id o a view over Quivett Marsh and 13UT arranged the i-nh' to the Town. Funding liar the purchase s-anre tram a State grant. Town funds and contributions from nrieuy organizations izsilions and individuals to BCT. including from the Dennis Conservation Trust because. Dr:nnts shares the marsh, There is a short trail oop that winds to the nnatsh. A picnic table at an overlook point provides a view o1 an active. osprey nest ;aid across to the Crowes Pasture Conservation Area in Lnsst 1 reruns.. Round trip trail length: 11.1_, miles. Directions: Travelling west on Route 6A. Quivett Marsh Vista entrance and parking is on the right. aappro:xinrately (1.9 miles after Drummer Boy Pink. 2 John & Kristi Hay Trail The .kahn and Khan Hay trail is named alter the famous naturalist and his wife who played a leading role in conset Vatrori en Brewster and in establishing the Cape Cod Museum_ tit Natural Ilistoty. Passing some of thelais*est gl:a r al emetics in Brewster, the frail wands through typical Cape Coal pine -oak forest, and provides a view to a dry kettle hole• front a rustic bench. A segment of the ti til follows an ancient toad which was once the connection between the Stony Brook Valley 11f11r century factory village and Wings Island, where early settlers cut moist" hay and salt works flourished. The trail extends onto Museum property where a viewing bench looks onto an enormous beech taco: and ti view of the Stony Brook \ dic:y. Round trip trail length: (1.o miles. Directions: The trail head is located appro., imately 200 yards in from Route h.\ on Edwards nriwc. across from [Drummer Boy Park. l' ailing is iv,adtib!c at ['rummer [toy Park. Drumrtmar Boy Park u a ,woo a,. kt,!61. yr l4rt of aei'.wm -a412 *- • —a- la 777 -.—� a Wit, ace rt EXAMPLES OF GOOD STEWARDSHIP FY23 LAND Grant application, Town of Brewster Conservation Commission ATTACHMENT 6 page 3 of 3 HUCKLEBERRY HILL NW Town of Brewster FY23 State LAND grant application ATTACHMENT 7. May 2022 Site Photographs Existing footpaths through the locus parcel are well -trod and will be legal- ly open to public use for the first time. This trail connects the Huckle- berry Hill/Bakers Pond trail system through the locus to Angler's Cart - way in Brewster. Angler's Cartway is a lightly - travelled through -route connecting to the rear of Nickerson State Park. It is a safe and pleasant walking trail in its own right. The cartway traverses the locus parcel; both sides of the parcel front on the cartpath. HUCKLEBERRY HILL NW Town of Brewster FY23 State LAND grant application ATTACHMENT 8.a Deed of Record 3438E7 P980 *53544 oe--Az-'2r 23. fi 107. 14o. BARNSTABLE COUNTY COUNTYTRREGISTRY OFXDEEDS Date: 0E-13-2021 ki 10:14aa Ct10: 244 Doc4: 53544 4UITCI,AIIVI DEED Fee: $1.231.20 Cons: $3601.000,00 WE, SEAN M. BURKE AND ADAM P. BURKE, of 6 Bishops Lane, Harwich, MA 02645 For consideration of THREE HUNDRED SIXTY THOUSAND DOLLARS AND 00/100 ($360,000.00) PAID Grant to THE COMPACT OF CAPE COD CONSERVATION TRUSTS, INC., a Massachusetts charitable corporation with an office at 36 Red Top Road, Brewster, MA 02631, and a mailing address of P.O. Box 443, Barnstable, MA 02630 WITH QUITCLAIM COVENANTS: The land situated in Brewster, Barnstable County, Massachusetts, bounded and described as follows: NORTHERLY by land now or formerly of Brewster Development Corporation and Sarah E. Crosby, as shown on said plan, one thousand thirteen and 66/100 (1013.66) feet; EASTERLY by land now or formerly of Frank H. Thompson, as shown on said plan, five hundred twelve and 31/100 (51231) feet; and SOUTHERLY by land now or formerly of the Estate of Louis A. Byrne, as shown on said plan, seven hundred forty-three and 87/100 (743.87) feet. Meaning to convey the property shown on a plan entitled "Plan of Land in Brewster (East), Massachusetts, as claimed by Richard O. Staff, Scale 1" = 50', October 1967, Schofield Brothers, Registered Civil Engineers and Land Surveyors, Orleans and Framingham, Massachusetts," said property containing four and 92/100 (4.92) acres, more or less, and said plan being recorded at the Barnstable County Registry of Deeds in Plan Book 219, Page 79. Said conveyance is made subject to the rights, restrictions, easements, and covenants of record to the extent that the same are in force and effect and applicable. The Grantors hereby release any and all Homestead Rights as applied to this property and further state under the pains and penalties of perjury that there are no other parties entitled to an estate of homestead in the premises. For title reference, see deed dated June 20, 1995, and recorded on. September 21, 1995, in the Barnstable County Registry of Deeds in Book 9850, Page 113. SARNSIABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 08-13-2021 a 10:14am CtIt: 244 DocQ: 53544 Fee: $1,101.60 Cans: $360,000.00 PROPERTY ADDRESS: 0 HOLLY AVENUE REAR, BREWSTER, MA 02631 HUCKLEBERRY HILL NW Town of Brewster FY23 State LAND grant application ATTACHMENT 8.a Deed of Record It& WITNESS WPIBRE,OF,. I hang hereon Cnnnly o{ 664h.b'k"f d my hand this v__ day of STATE OF JIiI �C On. this Y day of,, IESi-. 2d21, before rue. the undersigned notary puhlic, personally appeared SEAN M. BUR ., asafdreaatd, nod provedto me throughsatisfactory evidene a of identity which was �!h t'9 V_ to be the petnnl whosa name B. ogled on the precedingor attached dorvment, Rini aclarowtoddged to me that he:timed it voluntarily and for ita stated purpose,andthin he signed the foregoing ivarnotrertt in ,in flee not and d4d. Non My con JODY LEWIS Etk 34380 Pg82 #53544 IN WETNESS EOF, I have hatermto set my hand this i day of4 2021. hB y STATE OF Ni0 r�`{'1 isar4A%✓' -- County of P.(,17(1.4.41/ - On this _4 day „e ihtr dersigned notary pu 1 p rsonally- appearad ADAM €'. M. it K1, 'F ter and, and pnaerd to me through satisfactory ev dcnoe of identity which was (, fl; -5„,4RtfLywr_` to he the prison whoie note is signed on the preceding or attached downing, and a port' edged to me that horsigtrovl it voluntarily and for its snood purpose. $ rrxlrho foregoing err_vtruruent in his Erna act and dyed. S NOT44, % stle Notary I'uhIlc MMy Commission Expire;: BARNSTABLE REGISTRY OF DEEDS John F, Meade, Register HUCKLEBERRY HILL NW Town of Brewster FY23 State LAND grant application ATTACHMENT 8.b Plan of Record C'. a Ind._ A9provelu,.ger e.5! SrM"W5.tC . id ear AO M!wled Rat elUy.674, Sm. BI -a, BREWSTER Pt. ,W IAG SOARS DaM /m4f ! %�✓ lt ,. 35 CA ,-YaAlA — e. a 58 4I Sep. Cad stone PLAN OF LAND IN RICHARD 0. STAFF R,ls?i°aTl:dlL RECPsTYC[ 01' DF.Pg3 REGISTERED �hPR 2 3195 CIVIL ENGINEERS e LAND SURVEYORS _71c tol !?.7:c1,, ORLEANS ORLEANS ` FRAMINGHAM, MRSS. SCALE I in. = 5011. OCTOBER /967 SCHOF/ELD BROTHERS `-GB. set rep!. 441 ....NY atones Md. T£ Ul 2,19 HUCKLEBERRY HILL NW Town of Brewster FY23 State LAND grant application ATTACHMENT 8.c Town of Brewster Zoning Board of Appeals Decision re buildable lot -I- TOWN OF BREWSTER ZONING BOARD OF APPEALS DECISION 21-03 Date: March 16, 2021 Applicant/Owner: Sean M Burke & Adam P. Burke Location: Angler's Cartway (aka 0 Holly Avenue Rear) Map/Lot: 137/1 Book/Page: 9850/113 21-03 Sean. M. Burke and Adam P. Burke [collectively "Applicants"], Angler's Cartway, also known as 0 Holly's Avenue Rear, in East Brewster, Map 137, Parcel 1 ("'Property"), in the RR zoning district. The Applicants are 1) appealing the Building Commissioner's Determination in accordance with M.G.L, Chapter 40A, Section 8 and 14, or alternatively seeking 2) a Variance under Article X, Section 179-52 of the Brewster Zoning By -Law ["Zoning By -Law") and M.G.L. Chapter 40A, Section 10, in order to confirm that the Property is buildable for single-family residential purposes. Members hearing this application: Brian Harrison, Arthur Stewart, Bruce MacGregor, Jean Kampas, and Jeff Carter.. Appearing for the Applicants: Andrew Singer, Attorney; Sean M. Burke; and Adam P. Burke. Appearing in opposition: James Miller, Anette Perzan, Ronald Slo Eighteen letters of opposition were submitted, The Board found the following: e and Donna Smith, The Property is a vacant parcel of land located on Angler's Cartway, Map 137, Parcel 1 In an RR (Residential Rural) zone in the Town of Brewster, The Applicants, Sean M. Burke and Adam P. Burke, seek to appeal the Building Commissioner's Determination under M.G.L. Chapter 40A, Section 8 and 14, or in the alternative a variance under MGL 40A, Section 10 and Brewster Zoning By -Law Section 179-52, to confirm that the Property is buildable for single-family residential purposes. Mr, Andrew Singer of the Law Office of Singer & Singer, LLC presented the case. The Property was created as a lot In November, 1967, on an Approval Not Required Plan ["ANR Plan"] endorsed by the Brewster Planning Board and recorded with the Barnstable County Registry of Deeds in Plan Book 219, Page 79 (a copy of the recorded ANR Plan wassubmitted with the Application), and the Property has been in the Applicants' family for forty-two (42) years. The way shown on the recorded ANR plan is labeled as "way to Route 6A" and is now' known as Angler's Cartway, Angler's Cartway (formerly also known as Proprietor's Road and Olde Owl Pond Road) currently serves as access to two residentially developed parcels of land to the southwest of the Property. ZBA Decision 21.03 Sean M. Burke and Adam P. Burke HUCKLEBERRY HILL NW Town of Brewster FY23 State LAND grant application ATTACHMENT 8.c Town of Brewster Zoning Board of Appeals Decision re buildable lot -2- The Property contains 214,533 sq. ft. of area, more than twice the minimum currently required (100,000 sq. ft.). • The. Brewster Building Commissioner in his role as Zoning Enforcement Officer determined that while he agrees that the Property has conforming lot area, he does not believe that the Property has frontage nor that it is within his role to review Court cases that speak to this issue. The current definitions of Lot Frontage and Street in the Zoning By -Law came into effect in the early 1970's after the creation of the Property as a Lot, and thus neither of these definitions nor the current dimensional requirements in the RR Zoning District were in existence. in 1967 when the Property was created as a lot. Angler's. Cartway runs through the land and provides several hundreds of feet of physical frontage and width along the road. Section 179-26(A) of the Zoning By -Law provides that "one single-family dwelling may be erected on any lot, regardless of a common ownership with that of adjoining land located in the same zoning district which, as of May 7, 1973, contained at least 15,000 square feet and had a minimum frontage of 100 feet and complied with the rules and regulations of the Planning Board, if any, in effect at the time of endorsement...." The Massachusetts Land Court examined a parcel of land in Brewster that was also created in 1967 (though by means of a so-called 81X plan without the need for or benefit of Planning Board review and endorsement) in the case of Mitchell R. Clark v, Jane C. Wagoner, et. al., as Members of the Board of Appeals of the Town of Brewster, MA Land Court Misc. Case 179250 (January 5, 1994). The Clark Court noted that the definition of Street for which Lot Frontage Is related came into effect in 1971. "Prior to that, the Town required simply that, to be buildable, a residential lot must have at least 100 feet of frontage 'on a public or private way' - the term 'way' being undefined" (Clark v. Wagoner, et,al, Page 1). Testimony provided discussed that Brewster Town Counsel has previously opined and the Brewster Planning Board has previously determined In different cases that Angler's Cartway is a private road that is subject to the rights of the public in, over, and upon it. The Clark Court further cited Adamowicz v. Town of Ipswich, 395 Mass, 757 (1985) for the holding that "In determining whether Property is to be protected as a legal nonconforming lot,its status 'immediately prior to the [1971] zoning change is controlling' and hence 'the most recent instrument of record prior to the effective date of the zoning change' is determinative (Clark v. Wagoner, eta!, Page 2). In the Applicants' case this instrument is the. November, 1967 ANR Plan. The Clark Court further cited LeBlanc v. Board of Appeals of Danvers, 32 Mass.App. 760 (1992) for the holding that "...a plan endorsed by the Planning Board under e. 41 §81P as 'approval not required' and depicting requisite frontage of a lot on a sufficiently designated, but as yet unconstructed way, is entitled to protection of the single lot grandfather provisions of c. 40A §6 as to subsequent increases In frontage requirements" (Clark v. Wagoner, et.al, Page 2). As with the way in Clark, Angler's Cartway exists on the ground. The Clark Court noted that the quality of access is a separate consideration from the exempt nature ZBA.Dccisi:on 21-03 Sean M, i3urkc and Adam HUCKLEBERRY HILL NW Town of Brewster FY23 State LAND grant application ATTACHMENT 8.c Town of Brewster Zoning Board of Appeals Decision re buildable lot -1- of a Lot Itself, En this case, though the quality of access Is not specifically before the Board, Angler's Cartway has previously been reviewed by the Brewster Planning Board in connection with development of other lots on the way. The Clark Court held that the Clark lot was exempt from the current requirements and was a grandfathered lot. Similarly, in the Applicants' case, the Property is a grandfathered lot in accordance with Section 179-26(A) of the Zoning By-Law,which testimony provided Indicates without common ownership with adjoining land In this instance, and is exempt from the current requirements of the Zoning By -Law and Is buildable, Written and oral comments were received from members of the public, and there was discussion between and among the Board members and Applicants. The Board, having deliberated on these matters and having considered all of foregoing, as well as the written documentation, input, and testimony of the Applicants, their representative, and the public, and the Board's knowledge and familiarity with the site at Issue and the surrounding zoning district, hereby finds and concludes that the Property Is a pre-existing nonconforming lot that is protected for single-family residential use and that the Building Commissioner was in error in determining that the Property was not buildable. The Board voted unanimously (Harrison - Yes, Stewart - Yes, MacGregor - Yes, Kainpas - Yes, and Carter - Yes) on a motion by Jean Kampas and seconded by Bruce MacGregor to GRANT THE APPEAL of the Building Commissioner's Determination that the Property was not a buildable lot in accordance with M.G.L. 40A, Sections 8 and 14, thereby determining that the Property is a pre-existing nonconforming lot that is buildable for single-family residential purposes. The granting of this petition shall in no way be construed by any person(s), whether private citizen or public officlal(s), to be a variance, permit or license beyond the statutory provisions of the laws of the Town of Brewster or the Commonwealth of Massachusetts, except as herein above approved and set forth by the Zoning Board of Appeals at a public hearing, Special Permits and Variances granted by the Board of Appeals DO NOT TAKE EFFECT until the twenty (20) day appeal period has expired and the documents have been recorded with the Barnstable County Registry of Deeds. The Applicants requested to withdraw without prejudice so much of their Application as requested a Variance or other relief from the Board of Appeals, Upon a motion, duly seconded, the Board voted unanimously to allow so much of the Application that requested a Variance or other relief to be withdrawn without prejudice. Brian Harrison - Chat an This decision is Flied with the Town CItrk, Town of Brewster on .y Fi 1 ZBA Daci;ion 21.03 Sawn M. Burke mid Adm. P. Burke f ao,,,,o,-au, ,, gel edµy< ❑ .mom..1.,a. be,, Q eegoof tobe..WO., a swn Lao AMP neW webbee Ow ATTACHMENT 9. APPRAISAL EXCERPT (full appraisal appended at end) REA /el :a Car al:ersiat Vaca'11 lard Expel witness HUCKLEBERRY NW CONSERVATION RESTRICTION TOWN OF BREWSTER FY23 LAND Grant Application Appraisal Company of Cape Cod, Inc. RED ESTATE APPRAISAL AND C'GNSULTING BOX 1655, 170 ROUTE 65 ORLEAI15, MASSACHUSETTS 02653 x508) 255-8822 FAX (508) 255.9257 'DLL FREE [;877) 760-8900 ,capecodsppraiser°core LETTER OF TRANSMIITTAL Town ofBrewster Open Space C:on unittee co Elizabeth Taylor, Chairman Town Hall 21.98 Main Street Brewster_ MA 02,631 RE: 0 Holly Avenue Rear a.li a Anglers Carttiy . ay. Brewster, MA Chairman Taylor: M:ictrel 8thto Certified :Gemini Real E ie Appraiar -':4th Lic. 07% Hikesnarigicapecodappraiaerdam Per your request, attached is an appraisal report of the development rights of an approximate 4.925 acre undeveloped parcel ofland located at 0 Holly Avenue Rear atia Anglers Caraway_ Brewster_ MA shown as Parcel 137-1-0 on the Town of Brewster Assessor's records (which property is hereinafter refriied to as the --subject property') as. a result of a proposed Conservation. Restriction to be executed and recorded against said property. .= copy of the proposed Conservation Restriction was provided to the appraiser and is hereinafter referred to as the "CR" The subject property is shown on a plan of land entitled 'Plan of Land in Brewster (East). Mass. as claimed by Richard 0. Staff Scale 1 in. = 50 ft. October 1967" prepared by Schofield Brothers Registered Civil Engineers & Land Surveyors, Orleans Sz. Framingham.. . Mass. recorded at the Barnstable County Registry of Deeds (BC"RID) in Plan Book 219 Page 79_ which plan is hereinafter referred. to as the "Plan" a copy of which is attached to this report. The current owner of record of the subject property is The.Compact of Cape Cod Conservation Trusts, Inc. by virtue of a deed dated August 4; 2021 and recorded at the BCRD ivy Book 34380 Page 80, a copy of which deed is attached to this report. 'The owner of the subject property intends on executing the proposed CR on the property for consideration to be paid by the Town of Brewster and thereafter plans to sell the subject property restricted by the CR to the Brewster Conservation Trust. The appraiser has been informed that the Town of Brewster intends t© apply to the Commonwealth of Massachusetts LAND grant program to aid in the purchase of the CR from the current owner. The appraiser determined that the loss in value to the subject property as a result of the proposed CR is arrived at by estimating he fair market value of the subject property prior Appraisal Company of Cape Cad, Inc. Page 2 of 60 Page 1 of 2 to the CR then dedrtcting the fair market value of the subject property after the CR_ The difference between the two figures is the value of the development rights of the subject property. The current owner does not appear to own any adjoining or nearby properties and therefore no enhancement value consideration as a result of the CR is necessary in this case. I personally inspected the subject proper t}' on January 16.2022 and again on May 5_ .2022 and I have gathered all the data I consider necessary to arrive at the value conclusions. There is an Extraordinary Assure ption to this report that the subject property can. support a septic system for at least a five bedroom home and a well and can connect to and have use of the existing utilities on Anglers Cartway that run through the site. There are no Hypothetical Conditions to this report_ As a result of my investigation and my analysis of the information gathered. I estimate the market value of the .development rights, as of the latter date of inspection, May 2022_ of the subject propem to be: FOUR HUNDRED FORTYTHOUS IN Il (5140,000) Mav 11. 21022 Date Michael Sutton - Certified General Real Estate Appraiser; MA. License 086 Ap praisa Company of Cape Cod, h i - Page 3 of 60 Page 2 of 2 OaEWs7.� 0`CQ ELDER @9��9 FIE 1. i m 9T. O = f= fn c 'NCOp POR 03° FE@. 19. t!0'! Town of Brewster Community Preservation Committee 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x 133 Fax (508) 896-8089 BREWSTER BICENTENNIAL APPLICATION FOR COMMUNITY PRESERVATION ACT FUNDING Date Application Submitted: Name of Project Applicant: Name of Co-Applicant(s), if applicable: Name of Contact Person: 7.8.22 The Brewster Historical Society, Inc. Sally Gunning Contact Person's Mailing Address: PO Box 5, Brewster, MA 02631 Contact Person's Daytime Phone Number: 508-896-6227 Contact Person's email Address: president@brewsterhistoricalsociety.org Proposed Project Name: Schoolhouse #3 relocation and renovation Project Address (or assessor's parcel ID): 2342 Main St., Brewster (moving to 51 Drummer Boy Rd.)_ Project Synopsis: The Brewster Historical Society proposes to flake Schoolhouse #3 at 2342 Main St. and move it to their Windmill Village property at 51 Drummer Boy Rd. They will reassemble and restore the school house as a schoolhouse and include a cranberry industry display, as this was also part of its history. It will be open to the public during the usual Windmill Village hours, pending Building Dept. permissions. Category: ❑ Open Space ❑ Historic Preservation ❑ Recreation ❑ Community Housing CPA funding requested $ 292,200 Total Cost of Proposed Project $292,200 3 Community Preservation Committee Application rev. 09/22/21 PROJECT DESCRIPTION Please describe your project, answering all of the following questions in the order presented. Applications will be considered incomplete if all requested information is not provided. Include supporting materials (maps, diagrams, photos, etc.). Please number pages of application. Form fields are provided after each question for your convenience. If you need more room, you may provide additional information via separate documents/attachments at the end of the document. Please do not provide any documentation via on-line links, as the committee will not be checking for updates. Be as concise as possible. 1. Project Description: Describe the proposed project. Is this part of a larger project or an ongoing project? Form field with wrap text feature. Schoolhouse #3, located at 2342 Main Street, has existed since the mid -1800's, although it was formerly located next door. To the best of our knowledge, as buildings have been moved, it is the last remaining of five primary schoolhouses representing the five school districts in town. Under the more recent ell can be found the paired "boy -girl" doors associated with the old schoolhouses and illustrated in the attached images. Once schoolhouse #3 ended its career as a schoolhouse, it was moved next door and used for storage in conjunction with the cranberry industry. We believe this is when the double barn doors were added. It is our intention to return the schoolhouse to the original schoolhouse configuration, minus the double doors and ell. Brewster Conservation Trust was gifted this parcel of land with the stipulation that it be made into a small park with the buildings on site removed. BHS expressed interest in acquiring and preserving the schoolhouse, and BCT offered it to the Society. (Letter attached). BHS plans to flake (dismantle) the structure, move it to a site already marked out at Windmill Village, and reassemble and restore it. It will be curated as a schoolhouse, with a smaller exhibit about the cranberry industry on site. It will be open to the public in accordance with Building Dept. rules, either to allow admittance or to allow viewing. 2. For Historic Preservation projects: Attach proof of listing on the State Register of Historic Places or a letter from the Brewster Historical Commission indicating that the resource has been determined to be significant in the history, archaeology, architecture, or culture of Brewster. Please note that rehabilitation projects must comply with the Secretary of the Interior Standards for Treatment of Historic Properties. Additional information and analysis will be needed for projects submitted by churches/religious organizations to determine if they comply with the SJC's Caplan vs. Town of Acton decision. Form field with wrap text feature. Form B attached. 3. CPA Goals/Criteria: Describe how this project accomplishes the goals and objectives of the CPA (refer to the attached general and issue -specific criteria and identify which of these apply to the project). Form field with wrap text feature. This project accomplishes the goals of preserving historic resources and also complies with the second highest rating element in Brewster's Vision Plan, that of retaining the town's historic character. This project will also educate and entertain the public on an aspect of the history of the town that would disappear forever were this building to be destroyed, as this is the last remaining primary schoolhouse from the five school districts. 4. Community Benefits: What are the community benefits of the project? Form field with wrap text feature. 4 Community Preservation Committee Application rev. 09/22/21 This project will preserve a part of Brewster's past that would be gone forever without this effort to reclaim it. The community would gain from the educational and entertainment experience of rediscovering how schooling was done a century and a half ago. Each spring, school groups visit Windmill Village, and we anticipate the addition of an actual schoolhouse will be momentous. Depending on Building Department regulations, it may be possible to hold programs in the building. Community Support: What is the nature and level of support for this project? Include letters of support and any petitions. Form field with wrap text feature. Letters of support from Brewster Conservation Trust and the Old King's Highway Historic District are attached. A letter from the Select Board is anticipated following their July 25 meeting. The Brewster Historical Commission has informally expressed support for the project. BHS intends to make this a community project as they did with the Cobb House purchase and renovation, and a large community fundraising event dedicated strictly to this project is planned. There will likely be more to follow. 5. Timeline: What is the schedule for project implementation, including a timeline for all milestones? Please identify any special timing considerations for the project's implementation. If this is part of a larger project, is it phased? What is the timeline for the entire project? If funding is approved at the fall town meeting, the permitting process will begin immediately, with work to begin in spring 2023. We anticipate project completion by fall 2024. Form field with wrap text feature. 6. Credentials: What are the qualifications and relevant experience of those undertaking the project? Form field with wrap text feature. Brian Daley Construction has worked on many historic projects in town and in particular on BHS's Cobb House Museum, the Cobb House Outbuilding, the Harris -Black House, and Higgins Blacksmith Shop. His track record is proven many times over. 7. Budget/Need for Public Funds: (sources of funds and uses/expenses) for the project and schedule for expenditure of CPA funds? All sources of funds and expenses must be clearly identified. Provide the basis for cost estimates whenever possible. (Note: CPA funds may not be used for maintenance.) Form field with wrap text feature. See attached. If this is part of a larger project, what is the budget for the entire project (sources of funds and expenses/uses)? Form field with wrap text feature. Clearly identify what additional funding sources are available, committed, or under consideration and why public funding would be appropriate. Include copies of commitment letters, if available, and describe any other attempts to secure funding for this project. Form field with wrap text feature. • The Brewster Historical Society is planning a major fundraiser for this project. • The Jennison Family Foundation has offered financial support for the project. (See attached copy of email). Provide the most recent audited financial report or if none available, an applicant generated financial report that includes a balance sheet and operating budget. Town -sponsored projects must demonstrate why the project cannot be funded through the Department's or Committee's budget. Form field with wrap text feature. See attached. 5 Community Preservation Committee Application rev. 09/22/21 8. Maintenance: If ongoing maintenance is required for your project, who will be responsible for maintenance and how will it be funded? Form field with wrap text feature. • The property will be maintained by the BHS Building and Grounds Committee, contracting for outside work where needed. The Windmill Village maintenance budget will be adjusted to account for the upkeep on this additional structure. • The Eddy Foundation supports BHS maintenance projects with a yearly grant. The Kelley Foundation and Mass. Cultural Council have supported maintenance (ex. reshingling of windmill). • The Jennison Family Foundation has instructed us to inform any granting committee of their support for this project, in keeping with past support of Cobb House and Outbuilding restorations. (See attached letter of support) 9. Site Control and Appraisal: If the project involves acquisition of real property, provide evidence of site control (deed, purchase and sale, option, etc.). In addition, provide an appraisal of the property's value by a state licensed appraiser using customary appraising techniques. The CPA does not allow funding for acquisitions if the acquisition price is greater than appraised value. Form field with wrap text feature. See attached letter from BCT. Legal and insurance details pending. Community Preservation Committee Application rev. 09/22/21 Town of Brewster Community Preservation Committee CATEGORY SPECIFIC CRITERIA (Identify which of the following criteria apply to your project.) Open Space Proposals ❑ Permanently protect important wildlife habitat, including areas of significance for biodiversity, diversity of geological features and types of vegetation, contain a habitat type that is in danger of vanishing from Brewster or preserve habitat for threatened or endangered species of plants or animals. ❑ Provide opportunities for passive recreation and environmental education. ❑ Enhance or protect wildlife corridors, promote connectivity of habitat and prevent fragmentation of habitats. ❑ Provide connections with existing trails or potential trail linkages. ❑ Preserve scenic views or border a scenic road. ❑ Protect drinking water quantity and quality. ❑ Provide flood control/storage. ❑ Preserve important surface water bodies, including wetlands, vernal pools or riparian zones. ❑ Preserve priority parcels in the Town's Open Space Plan/maximize the amount of open land owned by the Town of Brewster. Historical Preservation Proposals MANDATORY: Must be on the State Register of Historic Places or have a letter from the Brewster Historical Commission indicating that the resource has been determined to be significant in the history, archaeology, architecture, or culture of Brewster. El MANDATORY: Project must meet Secretary of the Interior Standards for rehabilitation and/or restoration of Historic Preservation Properties. 171 MANDATORY IF REQUEST IS FROM A CHURCH/RELIGIOUS ORGANIZATION: The project must satisfy the analysis outlined by the SJC's Caplan vs. Town of Acton decision. X Protect, preserve, enhance, restore and/or rehabilitate historic, cultural, architectural or archaeological resources of significance, especially those that are threatened. ❑ Protect, preserve, enhance, restore and/or rehabilitate town -owned properties, features or resources of historical significance. ❑ Protect, preserve, enhance, restore and/or rehabilitate the historical function of a property or site; X Demonstrate a public benefit and/or public access, or X Otherwise provide permanent protection for maintaining the historic resource. ❑ Project site should not be privately owned unless there is demonstrable public access and benefit. The property is privately owned but open to the public. Community Housing Proposals ❑ Increase the supply of year-round affordable rental housing for all types of households, such as young singles and couples, families, and seniors. ❑ Build support for addressing housing needs through partnerships with conservation groups and non- profit and for-profit developers. ❑ Create housing that is affordable and appropriate for very low-income seniors and people with disabilities. ❑ Increase local capacity to plan, advocate for, and create affordable housing, preserve the affordability and condition of existing affordable units, and monitor affordable housing restrictions. ❑ Increase the variety of mixed -income housing choices in Brewster, particularly in or near commercial areas in order to support Brewster's economy and accommodate household growth. ❑ Provide at least 10% of Brewster's year-round housing units as affordable housing in order to meet local and regional needs. ❑ Ensure long term affordability. Community Preservation Committee Application rev. 09/22/21 Construction cost for relocation and renovation of School House #3 General scope of project: Building is 26 by 35 feet wide. 910 sq.' Walls are 12'4" high from sill to plate. Gable ends are 22' high from sill to peak. Dismantle the existing building (school house) by hand and salvage all necessary components including main framework, beams, salvageable sheathing and misc interior woodwork. Asphalt roofing, sidewall shingles, non salvageable trim and sheathing along with connecting shed will be removed and disposed of as required. Note that the existing windows, doors, roofing, siding are not period correct and were replaced over past years with more modern materials. The plan to replace all of these items with period correct construction materials will be allowed for in construction cost estimates. This would include true divided light windows, doors, red cedar shingle roof, sidewall cedar shakes and appropriate trim. Building will be erected on a concrete foundation and slab. No allowances are made to construct a full basement and wood frame floor system as presently exist. Materials from existing floor system will be used as needed to help in reconstruction of building. All dismantled materials to be stored in watertight containers and relocated to Windmill Village in preparation for rebuild at proposed site on grounds at WV. Construction cost: Dismantling cost including labor, equipment, demo fees. $ 54,000 Transportation and storage fees. 5000 Engineering for new foundation and building placement at Windmill Village. 3500 Architect fees for necessary plans and structural specs for building department approval. 7500 Insurance and legal fees. 4500 Permits. Waived hopefully Excavation, tree removal and site work as required. Necessary materials for final grade and ready for landscaping as may be needed. 22,000 Landscape allowance 5000 Foundation and flat work. 35,000 Reconstruction of building. 40,000 Additional materials as will be required. 12,000 New roof 10sq © $ 2000 20,000 Exterior Sidewall 16 sq. @ $ 1500 24,000 Windows 6 @ 950.00 5700 Doors allow (1 barn door setup. 2 side doors.). 7500 New wood trim to match as previously existed. 8500 Labor for installation of windows, doors, trim and all interior reconstruction as required. 15,000 Install underground electric service and install basic lighting and outlets as required. Exterior Painting as needed. 8500 4500 Additional interior carpentry work for creating an exhibit of the old school house and the cranberry era. 10,000 Total estimated construction and related cost: $ 292,200.00 Please note that the contractors being used for this project have all been involved with our previous Brewster Historical Society projects and are very qualified with experience in historical renovations. Respectfully submitted by: Paul H. Daley Brewster Historical Society 2022 BHS BUDGET INCOME Antiques Fair $ 8,000.00 Farmers Market 32,000.00 Taste of Brewster 5,000.00 Tours - Cemeteries 1,250.00 - Wing Island 700.00 - Main Street 1,500.00 Museum admission 1,750.00 Gift Shop Sales 800.00 Membership 21,500.00 Donations 11,000.00 Annual appeal 19,500.00 Undaunted picture sales 5,000.00 Investment income 2,000.00 $110,000.00 Eddy Foundation — Cobb House painting & repairs 3,000.00 $113,000.00 EXPENSES Administration Accounting 1,200.00 Other 2,900.00 4,100.00 Operations Museum (collection maintenance) 1,000.00 Curating 2,760.00 Insurance 3,100.00 Constant Contact 540.00 7,400.00 Cobb House Advertising & signage 100.00 Alarm 1,000.00 Cleaning/windows 2,000.00 Electricity 1,500.00 Fire extinguishers 200.00 HVAC maintenance 400.00 Insurance 10,000.00 Landscaping Gardens 2,500.00 Lawn & yard 8,000.00 10,500.00 Painting & repairs 3,000.00 Pest control 1,400.00 Plowing/shoveling/salting 500.00 Propane 4,000.00 Telephone/internet 2,200.00 Trash 200.00 Water 1,200.00 38,200.00 Windmill Village Alarm 500.00 Electricity 800.00 Fire extinguishers 300.00 Insurance 4,000.00 Landscaping 2,000.00 Maintenance 300.00 Pest control 300.00 8,200.00 Gift Shop 200.00 Payroll 22,100.00 Fundraising 2,500.00 Membership 1,200.00 Guest Speakers 100.00 Antiques Fair 1,600.00 Farmers Market 27,000.00 Tours — Cemetery, etc. 400.00 Total $113,000.00 Secretaryl\Brewster Historical Society\2022 BHS BUDGET.3-2022.02.15.doc 11:23 AM 07/11/22 Accrual Basis BHS 2-16-15Cpy Balance Sheet As of December 31, 2021 ASSETS Current Assets Checking/Savings Eddy Fund (Dig-Pres Project) NEW HOME FUND MONEY MARKET XX55 NON-PROFIT MONEY MARKET XX5704 NON PROFIT PLAN INT CHECKING XX Dec 31, 21 16,356.84 99,099.24 225,427.57 12,525.92 Total Checking/Savings 353,409.57 Other Current Assets Investment CC Foundation 54,553.60 Total Other Current Assets 54,553.6D Total Current Assets 407,963.17 Fixed Assets A/D Building AID Furniture & Equipment Accum Amortization Cobb House Furniture and Equipment Total Fixed Assets Other Assets Windmill Village Total Other Assets TOTAL ASSETS LIABILITIES & EQUITY Equity Opening Balance Equity Retained Earnings Net Income -49,035,00 -700.00 -21,983.00 1,050,502.60 1,959.49 980,744.09 794,190.00 794,190.00 2,182,897.26 859,145.22 1,323,222.07 529.97 Total Equity 2,182,897.26 TOTAL LIABILITIES & EQUITY 2,182,897.26 Page 1 BREWSTER CONSERVATION TRUST 36 Red Top Road Brewster. Massachusetts 02631 w vw, brewsterconservationtrust.org 11 July 2022 Sally Cabot Gunning, President The Brewster Historical Society P.O. Box 1146 Brewster, MA 02631 Re: 2342 Main Street "School House No. 3" Dear Sally, I write in response to your letter of 10 June 2022, to Amy Henderson and the subsequent email exchanges between Amy and yourself. As you know, the property known as 2342 Main Street has been donated to BCT with the understanding that it would be re -purposed as a "pocket" park with limited public access, and we are in the initial stages of planning how best to fulfill the donor's intent. The Brewster Historical Society has indicated its interest in acquiring one of the existing structures on the Property, which may have significant historical value as the Town's former "School House No. 3," with the intention of relocating it to the Society's Windmill Village property at 51 Drummer Boy Road. I am pleased to report that, at our regular meeting on 6 June 2022, the BCT Board discussed this proposal and voted unanimously to approve a donation of that structure to the Brewster Historical Society. Upon request, BCT will be happy to provide appropriate confirmations of our support for this project. The Chair of the Brewster Historical Commission is copied on this letter. We understand that the Society intends to apply for Community Preservation Act funding to defray costs of the Project. We are also pleased to support that application. The Chair of the Community Preservation Committee is copied on this letter. Of course, many details remain to be worked out, in terms of timing, the transfer of title to the building, permitting, access to the property for carrying out the project with appropriate indemnities and insurance requirements, coordination of publicity about the project, and so on. However, we expect that, with good will and effective communication, the two organizations will be able to address and resolve all such issues quickly and amicably. We look forward to working with you in protecting and preserving Brewster's cultural and natural landscapes. Very truly yours, To Martin Kamarck President Cc: George Boyd, Faythe Ellis, Paul Daley TOWN OF BREWSTER OLD KINGS HIGHWAY REGIONAL DISTRICT HISTORIC DISTRICT 2198 h1A:N STREET BREWSTER MA 02631 PHONE: (508) 896-3701 EXT 1125 EMAIL: HDCK/EETING: BREWSTER-MA.GOV I have been informed that the Brewster Historical Society has the opportunity to acquire the property at 2342 Main St. This property was originally Old schoolhouse #3, later to be converted to a barn for the cranberry industry and is listed by the Brewster Historical Commission as one of Brewster's historic properties. The prospect of the BHS relocating and restoring this structure is not only an exciting thought but a unique opportunity to save one of our old historic schoolhouses. Relocating this building to Windmill Village would only add to the local history, educational opportunities and charm that the BHS has already created there. The BHS has shown in the past that they have the knowledge, the ability and the commitment to see this project through to completion. I have discussed this project with our committee, the Brewster Historic District Committee, and we unanimously agree that this opportunity is one we, as a community, should not let slip away. Thank you, Jim Trabulsie, Chair Brewster HDC From: Carole Jennison - Foundation<cjennison@jennisoncharitablefoundation.org> Sent: Monday, July 4, 2022 10:05 AM To: Sally C. Gunning <president@brewsterhistoricalsociety.org> Cc: Gary Jennison - Foundation<giennison@jennisoncharitablefoundation.org> Subject: Re: Projects Dear Sally, Please feel free at your discretion to let each of the committees you'll be testifying before know that you have discussed both of these projects with the Jennison Charitable Foundation and have their financial support in the same way they have supported other endeavors at the Cobb house. Take care, Carole INVENTORY FORM B CONTINUATION SHEET MASSACHUSETTS HISTORICAL COMMISSION 220 MORRISSEY BOULEVARD, BOSTON, MASSACHUSETTS 02125 BREWSTER 2340 MAIN STREET Areas) Form No. BRE.B BRE.289 yam' ; k rye Photo 2. View looking southwest. Photo 3. View of both buildings, looking southeast. Continuation sheet 2 INVENTORY FORM B CONTINUATION SHEET BREWSTER MASSACHUSETTS HISTORICAL COMMISSION 220 MORRISSEY BOULEVARD. BOSTON, MASSACHUSETTS 02125 2340 MAIN STREET Area(s) Form No. BRE.B BRE.289 ❑ Recommended for listing in the National Register of Historic Places. if checked. you must attach a completed .National Register Criteria Statement form. Use as much space as necessary to complete the following entries, allowing text to flow onto additional continuation sheets. ARCHITECTURAL DESCRIPTION: Describe architectural features. Evaluate the characteristics of this building in terms al -other buildings within the community. In its current appearance. this building has the form of an "English" barn. meaning a modest -sized barn with a rolling or hinged door centered on the side elevation, as opposed to the main barn door located on an end gable elevation, referred to as a "New England" barn. In this case, the paired rolling doors have been left open, and the opening is now enclosed by a modern rolling garage door. The building appears to rest on a fieldstone foundation. The elevations are clad in weathered wood shingles with plain cornerboards. The gable roof is clad in asphalt shingles (likely wood shingles originally), and has a projecting box cornice. The front elevation is symmetrical in arrangement with the afore -mentioned barn door flanked on each side by one wood. 6/6 double -hung sash set in flat surround with projecting sill. The symmetry is interrupted on the right (west) side by a low-pitched, shed roof ell that has another entrance with a replacement door and another 6/6 window, added in ca. 1960 As described in the Historical Narrative below. this building began as a schoolhouse with the boys' and girls' entrances at each side of the front elevation — the location of the windows on the front elevation may have been the location of those entrances. Examination of internal framing would be needed to confirm this. HISTORICAL NARRATIVE Discuss the history of the building. Explain its associations with local !or state) history. Include uses of the building, and the roles) the owners/occupants played within the community. According to the 1980 version of this Form B, the former schoolhouse dates to the "1850's or earlier." The schoolhouse is shown on the 1858 Map of Cape Cod farther east on the south side of Main Street. No information has been discovered to date to more specifically date the building. In a speech given by Lucy Chapman in Brewster in 1980. she stated that Schoolhouse District #3, in its original location. stood back from the road with a sizable playground in front. On the west side of the front was the boys' entrance and on the east side the girls'. At the back between two windows was a long blackboard and a raised platform. According to the 1980 Form B, it was James Simeon Paine who bought the Town Poor House farm property on the south side of Main Street in ca. 1908-1909. moved the schoolhouse from what is now 2632 Main Street (ca. 1912, BRE.512). and converted it into a barn. However, based on deed research, the Town farm was not purchased by Paine until 1915 (Book 335/ Page 555). In 1916. Paine sold this property on the south side of Main Street, then comprising 5+ acres with dwelling house and barn. to Ernest Algot Alm of Brookline (Book 344/ Page 196). Alm continued to use the former schoolhouse as a barn. In 1951. Alm sold the property, with reference to just the barn, to Lawrence and Ida Baker of Brewster (Book 792/ Page 447). Lawrence Baker used the barn for cranberry storage. Two years later. the Bakers sold it to Marguerite Carr of Brewster (Book 858/ Page 165). The residential/commercial building to the (right) west of the barn has an Assessor date of 1960, but according to the 1980 Form B was built in ca. 1973. This property remained in the extended Carr family until 2005. when Carol Baker. Trustee of the Marguerite Carr Revocable Trust sold it to the La Dolce Vita Nominee Trust, Steven Backus. Trustee (Book 19802/ Page 192). Some of the former farm land behind the property is now held by the Brewster Conservation Trust. BIBLIOGRAPHY and/or REFERENCES 1858 - Map of Cape Cod. Martha's Vineyard. & Nantucket, Walling, Henry. 1880 Form B. BRE.289. Teresa C. Ellis Barnstable County Registry of Deeds www.ancestry.com Continuation sheet l FORM B - BUILDING DRAFT Assessor's Number USGS Quad Area(s) Form Number MASSACHUSETTS HISTORICAL COMMISSION MASSACHUSETTS ARCHIVES BUILDING 220 MORRISSEY BOULEVARD BOSTON, MASSACHUSETTS 02125 Photograph Locus Map Recorded by: Eric Dray, Preservation Consultant for Organization: Brewster Historical Commission Date (month i year): 78-121-0 Harwich LHD 1973, NR DIS 1996 BRE.B BRE.289, 579 Town/City: Brewster Place: (neighborhood or village): Brewster Village Address: 2342 Main Street Historic Name: Brewster District Schoolhouse #3 Uses: Present: Vacant Original: Schoolhouse Date of Construction: ca. 1850 Source: 1980 Form B, 1858 Map of Cape Cod Style/Form: No Style Architect/Builder: Unknown Exterior Material: Foundation: Fieldstone Wall/Trim: Wood shingles/ Wood Roof: Asphalt shingles Outbuildings/Secondary Structures: Residential/Commercial building (ca. 1960, BRE.579, Photo 3) Major Alterations (with dates): One-story ell (ca. 1960) Condition: Good Moved: no ❑ yes ® Date: ca. 1915 Acreage: 0.44 acres Setting: This property is located on the south side of Main Street in Brewster Village. The surrounding area includes a mix of 19th and 20th century houses on small lots, most set close to the street, and conservation land behind the parcel. A gravel driveway loops in front of both buildings. There are no foundation plantings. The land slopes down behind the buildings. 12/12 Follow Massachusetts Historical Commission Sumer Manual instructions for completing this form. Unknown Schoolhouse (research ongoing) Schoolhouse #5 Rte. 137 (Now Pleasant Lake Store Excerpts from School Committee Reports/Information about Schoolhouse 3 Report of the School Committee 1871-72 Schoolhouses: Our town has built two new schoolhouses and put the others in good repair with the exception of #3. School #3 Statistics - School type: Primary First term Wages of teachers per month 35 Whole number 31 Average number 23 Under 5 yrs 0 Over 15 yrs 0 Male 16 Female 15 Second Term Wages of teachers per month 35 Whole number 31 Average number 26 Under 5 yrs 0 Over 15 yrs 1 Male 16 Female 15 Report of the School Committee 1872-73 School Houses The town of Brewster owns five school -houses. Two of them are finished with two rooms and all abundant capacity for the number of scholars attending. They are all heated by stoves, poorly ventilated, and some are i l l supplied with furniture, and all nearly destitute of school apparatus. Chapter 208, section 4 of the laws of 1866 authorizes the School Committee to appropriate a sum not exceeding twenty-five per cent of the town share of the income of the State School Fund for the purchase of books of reference, maps and apparatus for the use of the schools. Perhaps it might be well for the committee to do something in that direction. Everyone know that School houses, constantly occupied as they are, must need more or less repairs every year. They need cleaning, whitewashing, plastering, etc. During the past year, School House No. 3 received extensive repairs under authority of the town's vote. We put in new floor, new seats, and greatly improved its internal arrangements. The roof will require new shingles soon and then this building will be as sound and durable as those built at a more recent date. School Houses No. 1, and No. 2, will require some slight repairs in the coming year. The fences, too, are very much out of repair. We deem it a wise policy to heed the old adage, "A stitch in time saves nine." During the past year the School Committee have not expended any more on the houses than has been absolutely necessary, and that in the most economical manner. Grading We do not suppose that any sane person will question the importance of well graded schools, and that the attainments of scholars and not their age should be the standard for promotion. In our last report we mentioned things operating greatly to our disadvantage in our effort to secure a correct system. The same obstacles still exist. With these disadvantages, we have endeavored to approach, as near as possible, the desired object. There are those who, addicted to fault-finding, complain that their children are obliged to go quite a distance to attend a grammar school of improper grade. One says he has been told there are seven classes in arithmetic taught in one particular school. The facts show there are but four. Those persons seldom, if ever, visit the school in person, but obtain all their information by hear -say. We are inclined in the opinion that it is not so much the grade as the distance which causes the discontent. Possibly, at some future time, the town will employ omnibuses to take scholars to and from school, but those things are not yet. 1893-94 Report Fellow Citizens In presenting our report for the year 1893-94 the Committee feel that with one or two exceptions there has been very good work accomplished in the schools of the town. Some unavoidable changes have been made in the teachers which now seem to occur each year, and there does not seem to be any remedy for it. It was thought best by the School Committee to commence school again in District #4, as there seemed to be pupils enough to warrant it, after being closed for three years, and now South Brewster has the smallest school, and District No. 3 very much the largest school in town. Very few repairs have been needed on the school buildings the past year, but another year some painting and repairs will be needed, particularly on District No. 4 school building. New charts, treating upon most every subject taught in our schools, have been purchased the past year and the Committee think they have been of great benefit to the schools. The cranberry season still continues to interfere with the fall term. The Committee feel, as they do not commence the term until the first of November, that parents should see that their children attend, and not wait two or three weeks after the schools commence. The Committee also feel that there are too many cases of absence and tardiness on the part of the pupils, and that the remedy for the evil lies almost wholly with the parents. We think tardiness is inexcusable.... Annual report of the Town of Brewster 1900-1901 REPORT OF THE SCHOOL COMMITTEE The School Committee, consisting of the same members as last year, organized b the choice of T.D.Sears, chairman and G.C.Hall, secretary. The schools of the town have been in session thirty-four weeks, while the High School has been in session thirty-six weeks. Very few repairs have been made on the school buildings this year. No. 2 building has received a muchneeded coat of paint. If we are not to have general consolidation of schools quite a large sum of money will have to be expended on our school buildings very soon. New desks and seats are needed very much in No. 2 school room and some changes made in the High School recitation room. No. 3 school building needs quite a few repairs as it is quite an old building. It seems apparent that some changes will have to be made another year in some of our schools owing to the scarcity of pupils in some parts of the town. SCHOOL CENSUS, SEPT. 1, 1900 Number of boys between the ages of 5 and 15 69 Number of girls between the ages of 5 and 15 65 Total 134 Number of boys between the ages of 7 and 14 46 Number of girls between the ages of 7 and 14 48 Total 94 David Ottinger Antique Buildings & Materials 24 Mount Delight Road, Deerfield, N.H. 03037 davidottinger a(�hotmail.com 6/18/2022 Brief Evaluation of a Barn at 2342 Main Street, Brewster, MA On June 4, 2022, we briefly surveyed the interior and exterior of the building at 2342 Main Street in Brewster, MA. I have also read the Massachusetts Historical Commission Inventory Form B prepared by Eric Dray, Preservation Consultant, in 1996. The building is consistent with most mid to late nineteenth century Cape Cod Buildings in materials and construction. There is a nice truss system for the roof support. The building appears to have been used in the current location as a barn and more recently an Antique Shop. In my opinion, the current building is in sound, conservable condition. The dilapidated appearance is inexpensive to correct. The building is also full distracting junk and clutter that makes it difficult to appreciate. For its age, the barn is extraordinarily solid and undeviating. We saw no evidence of insect damage, particularly powder post beetles which are very common in older structures on the Cape. The walls are plumb and even. Amazingly, the second floor is quite level- or at least flat. The roof remains straight with none of the usual sways and bellies characteristic of older structures. This is in part because the building rests on an extremely solid and well-built stone and mortar foundation. Again, there is none of the buckling and collapse typically found in foundations of older buildings. It is constructed with different cellar rooms, probably with designated usages perhaps for cranberry storage and animals. There is an interesting mortared stairway to a shallower room on the west. Supporting walls run front to back which add to the strength and support of this solid structure. According to the Inventory, the building was used as a Schoolhouse on another site and moved early in the twentieth century. Although I saw no direct evidence of the use and configuration as a Schoolhouse, there are many reused parts. For example, there are the marks of previous plastering in differently reused timbers and inexplicable mortises and diagonal cuts. Reuse of buildings moved intact, reconfigured or as "repurposed" materials is part of a Cape Cod tradition. There is even a local term, "flaking". The necessary repairs are mostly cosmetic. Some eave trim needs to be replaced and there is some immediately necessary shingle repair around the back window. Several of the walls have relatively new shingles and the roof appears to have life left. There is a new panel and electrical wiring. The primary immediate repair issue is sill replacement, especially below exterior doors, and the first -floor deck framing. Though the floor boards appear okay, during the survey we noticed timbers below- and many were reused from previous applications- that may need replacing or "sisters" (parallel timbers). Most of this repair is easily accomplished and I recommend naturally rot resistant timbers such as white oak. As discussed, in my opinion, crucial to the successful conservation of old buildings is finding a compelling use within the community. Given a responsible use, buildings tend to be maintained and appreciated. Might the proximity to the pond and school be an opportunity reuse the barn as a place for educational programs? The open cellar might be convenient for storage of tables and other equipment. It was also mentioned the building may be saved and moved, perhaps to Drummer Boy Park. This approach is consistent with the tradition of a previous reuse of the barn. Moving buildings in sections or by dismantling offers an opportunity to replace structural timbers, so it will be easy to assess and replace the first -floor deck framing, as necessary. Since so much of the building is in good condition, the materials are relatively easily salvageable. Please feel free to contact me with further questions.