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Select Board Meeting Packet 11.27.23
a p r o*r sy�' . IiYpr Select Board Ned Chatelain Chair Mary Chaffee Vice Chair Kari Hoffmann Clerk Cynthia Bingham Dave Whitney Town Manager Peter Lombardi Assistant Town Manager Donna Kalinick Project Manager Conor Kenny Executive Assistant Erika Mown Town of Brewster Select Board 2198 Main St., Brewster, MA 02631 townmanager@brewster-ma.gov (508) 896-3701 SELECT BOARD MEETING AGENDA 2198 Main Street November 27, 2023 at 4:30 PM This meeting will be conducted in person at the time and location identified above. This means that at least a quorum of the members of the public body will attend the meeting in person and members of the public are welcome to attend in person as well. As a courtesy only, access to the meeting is also being provided via remote means in accordance with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda, which includes an applicant and its representatives, should make plans for in -person vs. virtual attendance accordingly. Members of the public who wish to access the meeting may do so in the following manner: Phone: Call (312) 626 6799 or (301) 715-8592. Webinar ID:890 9291 0526 Passcode: 509224 To request to speak: Press *9 and wait to be recognized. ZoomWebinar: https://us02web.zoom.us/j/89092910526?pwd=WHM2V3hrVkIhSTIoWWhVU09kanUzQT09 Passcode: 509224 To request to speak: Tap Zoom "Raise Hand", then wait to be recognized. When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov w. Please note that for any item listed in this section the Select Board may take officials action including votes. 1. Ca11 to Order 2. Declaration of a Quorum 3. Meeting Participation Statement 4. Recording Statement: As required by the Open Meeting Law we are informing you that the Town will be video and audio taping as well as broadcasting this public meeting. In addition, if anyone else intends to either video or audio tape this meeting they are required to inform the chair. 5. Executive Session: a. To consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body b. To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares - Filippatos et al vs. Town of Brewster Select Board; SEIU 888 c. To consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body - 3057 Main Street & 400 W.H. Besse Cartway Anticipated Start to Open Session: 6:OOPM 6. Public Announcements and Comment: Members of the public may address the Select Board on matters not on the meeting's agenda for a maximum of 3-5 minutes at the Chair's discretion. The Select Board will not reply to statements made or answer questions raised during public comment but may add items presented to a future agenda. 7. Select Board Announcements and Liaison Reports 8. Town Manager's Report 9. Consent Agenda a. Approval of Meeting Minutes: November 6, 2023 b. Appointments - Brewster Housing Authority Tenant Representative and Health and Human Services Committee c. One Day Liquor License Applications: Cape Rep Theatre d. Extension of Long Pond Landing Closure Select Board Ned Chatelain Chair Mary Chaffee Vice Chair Kari Hoffmann Clerk Cynthia Bingham Dave Whitney Town Manager Peter Lombardi Assistant Town Manager Donna Kalinick Project Manager Conor Kenny Executive Assistant Erika Mawn e. Letter of Support to Community Preservation Committee Regarding Housing Application(s) f. Fee Waiver Request: Department of Public Works Stormwater Permit Application 10. 6:15pm Public Hearing - Renewal of Annual Liquor Licenses: Brewster Fish House, Brewster Pizza House, Island Blue Crab Food & Spirits, Laurino's Cape Cod Village, Stone L'Oven Pizza, Woodshed, Ack Gioia, Freeman's Grill, Linx Tavern, Ocean Edge Inn & Conference Center, Ocean Edge Resorts, Brewster Post #9917 VFW, Chillingsworth, Old Sea Pines Inn, Spinnaker, Brewster Farms Quick Pic, Brewster Village Marketplace, Brewster Wines & Spirits, Winslow Spirits & Things, Luke's Super Liquors, Millstone Liquors, and Ferretti's Market 11. Discuss and Vote to Renew Annual Common Victualler, Innholder, Lodging House, New and/or Used Car Dealers, Hawker & Peddler, and Livery Licenses for Calendar Year 2024 12. Vote to Approve and Sign Conservation Restrictions for 0 Holly Avenue (Rear), 0 Satucket Road, and 90 Squantum Path 13. Discuss and Vote on Recommended 2024 Crosby Property Fee Schedule 14. Initial Discussion about Potential Child Care Subsidy Program - Select Board FY24-25 Strategic Plan Goal CC -3 15. Discuss Proposed Elementary School Regionalization Feasibility Study - Select Board FY24-25 Strategic Plan Goal G-1 16. FYIs 17. Matters Not Reasonably Anticipated by the Chair 18. Questions from the Media 19. Next Meetings: December 4, 2023 (Joint with Finance Committee), December 18, 2023, and January 8, 2024 20. Adjournment Date Posted: 11/21/2023 Date Revised: Received by Town Clerk: E.'RF F ,011N. CLERK Town of Brewster 2198 Main Street BREWSTER, MASSACHUSETTS 02631 (508) 896-4506 — Fax (508) 896-8089 cwilliams@brewster-ma.gov To Whom It May Concern: OFFICE OF: COLETTE WILLIAMS MMC/CMMC TOWN CLERK This letter is to certify that at the Annual Town Meeting, held Monday, May 1St, 2023, with a quorum being present, the following article was adopted by a majority: 9:24pm NEW TOWN BYLAW: PROHIBITION ON SALE OF MINIATURE SINGLE USE CONTAINERS ARTICLE NO. 24: To see if the Town will vote to adopt the following ban on the sale of miniature single use containers for alcoholic beverages as a general bylaw and to insert into the Code of the Town of Brewster, Massachusetts as Chapter XX: "No person shall sell, offer for sale, or otherwise distribute alcoholic beverages in containers less than or equal to 100 milliliters within the Town of Brewster. This section shall take effect on January 1, 2024." (Select Board) (Majority Vote Required) MOTION presented by Select Board Member Mary Chaffee: I move to approve Article 24 as printed in the warrant, with such bylaw, if approved, to be implemented starting on January 1, 2024. ACTION: Adopted by a majority vote. Voter Cards. Sincerely, Colette M. Williams MMC/CMMC Town Clerk Brewster, MA Town of Brewster Cape Cod Sea Camps Planning Date: Thursday, November 30th 2023 Time: 6-8 pm Location: Virtual on Zoom Zoom Link: https://us02web.zoom.us/j/82220044021?pwd=VER2Ylo0MURGSmFmcHRsVDNrQkZmUT09 Join us for our Third Community Forum! Community Forum #3 will be a virtual community meeting that shares plans in progress for the Bay and Pond properties. These plans have been informed by community feedback received through our previous Community Forums and surveys for the former Sea Camps properties, as well as other recent opportunities for residents to give their input on the Town’s goals and priorities. We invite you to learn more about the latest versions of the plans and share your feedback. The majority of the virtual forum will be a presentation by the Design Team and Town Staff to explain the plans in progress for both Properties. Important Town context about a potential community center, housing, and municipal uses up for consideration on the Properties will also be provided during this session. The final 30 minutes of the forum will be conducted in smaller virtual breakout groups where residents will be invited to provide feedback and ask questions. Residents will also be able to submit written comments by email after this forum. Zoom link and more information can also be found on the Town’s website: https://www.brewster-ma.gov Where we are in the process: This forum will be the third public community workshop in a series of four sessions that takes place over the course of the planning process. Following this event, one additional Community Forum will be held in early 2024 before the plans are finalized and voted on at Town Meeting in May 2024. For more details about the long-term planning process, information on Bay Property and Pond Property Planning Committee meetings and interim activities at both properties, please visit the project page, https://www.brewster-ma.gov/cape-cod-sea-camps-properties. To provide feedback to one of the committees, please email us at bppc@brewster-ma.gov (Bay property) or pppc@brewster-ma.gov (Pond property). Community Forum Committee Meetings Town Vote Identify your priorities with the planning team Tune in to public meetings where community representatives workshop ideas with the planning team Vote to approve the comprehensive plans at the Spring 2024 Town Meeting Comprehensive Planning Document See the vision for the future of the Sea Camp Properties BEACH AT POND PROPERTY MAIN DRIVE AT BAY PROPERTY 1 Consent Agenda Cover Page a.Approval of Meeting Minutes: November 6, 2023 Draft minutes from the Select Board meeting on November 6, 2023, have been submitted for review and approval. Administrative Recommendation: We recommend the Select Board approve the meeting minutes as presented. b.Appointments: Brewster Housing Authority Tenant Representative and Health and Human Services Committee Elizabeth Canto submitted her application and followed the Select Board appointment policy for the vacant tenant representative position on the Brewster Housing Authority. The Select Board liaison and Chair of the committee have interviewed the applicant and recommend her appointment. The appointment term will end on June 30, 2025. Robert Ziegler has also followed the Select Board appointment policy for the vacant position on the Health and Human Services Committee. The Select Board liaison and Chair of the committee recommend this appointment for a 3-year term that will expire on June 30, 2026. Administrative Recommendation: We recommend the Select Board approve these appointments. c.One Day Liquor License Applications: Cape Rep Theatre Cape Rep Theatre has requested 4 One Day Liquor Licenses to be able to serve beer, wine and mulled cider at their location of 3299 Main Street for their Holiday Musical Revue “Sing Out”. They expect 120 attendees on each of the performance days. The performance will be on Thursday November 30th, Friday December 1st, Saturday December 2nd from 7pm – 10pm and Sunday December 3rd from 2pm – 5pm. Cape Rep Theatre has been advised, if approved, they will have used 29 of their allowed 30 One Day Liquor Licenses for 2023. The Police Department, Fire Department, Town Planner, Health Department, Building Department and Town Administration have reviewed the applications. They have recommended the following conditions: Barrier or signage should clearly delineate where people are permitted to consume the alcohol served. All roadways must remain unobstructed for emergency vehicle access. No parking within fire lanes, on interior roads, or around main buildings that will inhibit or delay the response of fire apparatus or EMS vehicles to an emergency incident. If utilized, tents shall have a permanently affixed label indicating appropriate fire- retardant rating. Any temporary signs or structures must be permitted through the Building Dept. Administrative Recommendation: We recommend the Select Board approve the 4 One-Day liquor license applications with the conditions outlined. 2 d.Extension of Long Pond Landing Closure The Contractor for the project has requested an extension of the closure of Long Pond Landing through December 31, 2023. This will provide the additional time needed to complete final paving and the installation of the dock and kayak launch. Administrative Recommendation: We recommend the Select Board approve this request. e.Letter of Support to Community Preservation Committee Regarding Housing Application(s) Town Administration is asking the Board to sign a letter of support for the application to the Community Preservation Committee to continue to financially support Brewster’s Housing Coordinator position. Administrative Recommendation: We recommend the Select Board Chair sign the letter of support. f.Fee Waiver Request: Department of Public Works Stormwater Permit Application The Director of Public Works is requesting a fee waiver for the $100 filing fee to submit the Stormwater Permit application for the Millstone Road Improvement Project. Administrative Recommendation: We recommend the Select Board Chair approve this request. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 11.06.2023 www.brewster-ma.gov Page 1 of 7 Office of: Select Board Town Manager MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION DATE: November 6, 2023 TIME: 6:00 PM PLACE: 2198 Main Street, Room A Participants: Chair Chatelain, Selectperson Hoffmann, Selectperson Whitney, Selectperson Bingham, Town Manager Peter Lombardi, Natural Resources Director Chris Miller, Chief Heath Eldredge, Chief Robert Moran, Deputy Chief Kevin Varley, Department of Public Works Director Griffin Ryder, Water Superintendent Paul Anderson, Facilities Director Tom Thatcher Absent: Selectperson Chaffee Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Chatelain called the meeting to order at 6:00pm, declared a quorum and read both the meeting participation and recording statement. Public Announcements and Comment None Select Board Announcements and Liaison Reports Chair Chatelain recognized Karl Fehrle as the only remaining founding member of the Brewster Band. Mr. Fehrle has been with the band for 29 years and will be retiring after the December concert for the Holidays at the age of 102. At this concert, Chair Chatelain will be presenting Karl with a certificate of appreciation for his many years of service. Selectperson Hoffmann shared that she attended the Massachusetts River Herring Network Annual meeting at Orleans Town Hall. Brewster was well represented at the meeting with members from the Alewife committee, Natural Resources Advisory committee, and Town staff. Town Manager’s Report Mr. Lombardi shared the following information: Community Planning Grant o Brewster has been awarded $65K in state grant funding through the Executive Office of Housing and Livable Communities (EOHLC) One Stop program. This funding will be used to look at the Town’s existing zoning bylaws and prepare a report that identifies impediments to and opportunities for multi-unit and mixed-use residential housing. o There will be opportunities for residents to provide their feedback as we work through the initiative. Ultimately, we expect the report will include recommendations for making changes to our zoning bylaws. o There is a need to look at the Town’s land use regulations and policies to see if there are options to help make an impact on the housing crisis. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 11.06.2023 www.brewster-ma.gov Page 2 of 7 Office of: Select Board Town Manager Catalyst Architect’s, the lead for the design for the Brewster Woods project, was recently recognized by the Home Builders & Remodelers Association of Cape Cod as having designed the premier affordable housing project on Cape this past year. The Healy-Driscoll Administration released their Affordable Homes Act which includes a whole host of executive actions and proposed legislation. Most importantly for Brewster this includes potentially allowing ADUs of 900 sq ft or less by right, a local option transfer tax, and a new seasonal communities designation which recognizes the unique challenges in destination communities. The new administration has created a new Office of Rural Affairs, where part of their effort is to provide greater support for smaller communities. A new Fire Department website was launched last week, this completes the Town’s 3-part commitment to upgrading Town websites. The Sea Camps 3rd community forum will be held on Thursday November 30th at 6pm, this will be a fully virtual forum. There will be presentations on the latest draft plans for both properties followed by opportunities for residents to give feedback and ask questions in smaller breakout groups. Details of the forum will be shared on the Town website later this week. Consent Agenda a.Meeting Minutes: October 16, 2023 b.Appointments: Cultural Council and Zoning Board of Appeals c.Special Event Application: Friends of Brewster Dog Park d.Item Declared as Surplus for Disposal plus Fee Waiver Request: Natural Resources Department e.Cape Cod Bridges Project Letter of Support Selectperson Hoffmann moved to approve the Consent Agenda of November 6, 2023. Selectperson Whitney second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Whitney-yes, Selectperson Bingham-yes, Chair Chatelain-yes. The Board vote was 4-Yes, 0-No. Discuss and Vote on Senior Lifetime Shellfish License Fees Selectperson Hoffmann noted that she filed a notice of discloser for the appearance of conflict of interest as she is a shellfish permit holder. Mr. Lombardi provided an overview of the agenda item, last December a new proposed fee schedule was approved which included shellfish permit fees. The Department of Natural Resources has a robust stocking program, including littlenecks at Ellis Landing, quahogs at Saints Landing and oyster Sundays at Mants Landing. Last year’s recommendations were based on the increase of the cost of materials and the popularity of the shellfish program. The idea was that the revenues from fees associated with the program would cover the cost of the program. The Board is to review the Senior/Lifetime shellfish permits which started 15+ years ago with a onetime fee of $5 for residents 70 years or older. These permits, up until this year, were not included in the Town’s database for tracking purposes. The Board had agreed to institute a $15 annual fee for Senior Shellfish permits, voting in early January to gather data on the Lifetime permits to be able to have a broader Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 11.06.2023 www.brewster-ma.gov Page 3 of 7 Office of: Select Board Town Manager discussion. Senior shellfish permits are issued through the Council on Aging, as of last week we have issued a little over 250 permits at $0 and 50+ new Senior shellfish permits at $15. So far this year, the Town has sold just under 1000 shellfish permits. There was a review of attendance at Oyster Sundays for the first couple of weeks and a review of the projected revenues from the shellfish permit fee increases. The costs of the Lifetime permits will be about $4,000 in revenue. The Board’s decision points are whether to grandfather existing Lifetime permits, including those who purchased their Senior permits before January 1, 2023, and if Senior Shellfish permits are specific to the individual or not. The latter will be decided at an upcoming Select Board meeting when the Rules and Regulations for 2024 are voted on. Members of the Board shared their thoughts on honoring Lifetime permits, clarifying that any of the new Senior Shellfish permits purchased in 2023, will need to renew each year for $15 and the resident shellfish permits are $40 per year. Selectperson Hoffmann cited Cape Town’s regulations about individual vs. family permits. Mr. Lombardi noted that through the budgeting process for FY25, will review actual revenues and align them with the projections for next year. Selectperson Hoffmann moved to continue the Lifetime permits for seniors for those who have held one since January 1, 2023. Selectperson Bingham asked if they would need to register each year, Mr. Lombardi responded that one of the reasons this was voted on last year was to collect the data and to make sure the wardens could check the limits by week as is done with all other permits. It would be best to continue this process. Mr. Miller shared that this is part of the discussion for the Rules and Regulations. Selectperson Hoffmann amended the motion to continue the Lifetime Senior Shellfish permits for those who are held and registered before January 1, 2023. Selectperson Bingham second. The following residents shared public comment: Richard Harb, Ambergris Circle, when the program was offered the Town requested $5 in return for a lifetime permit. There is nothing on the permit that says it could be revoked, this established a binding contract. Asked if you don’t register this year, you are not eligible next year? Fred Lawrence, Spruce Run Drive, stated that he doesn’t understand why those with Lifetime permits would have to come in and register every year? Appreciates the people volunteering their time and effort and is very grateful, but very disappointed that not once, has anyone mentioned honor, commitment, or making a promise. Ben McKelway, Main Street, appreciates the services that the DNR offers residents and appreciates the raising costs. Though he could afford to buy a license each year, that is not the issue. The only issue for is the principle of providing a lifetime permit which is a contract. The right thing to do, is to continue to grandfather the permits to those who held them before this year. Tom O’Connor, Long Pond Road, agrees with the other speakers and asked about a family permit as one of the issues and would like clarification. Mr. Miller stated that the DNR has always interpreted the family permit as the member on the permit, who could bring others as long as they are filling one basket, there is one limit per permit. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 11.06.2023 www.brewster-ma.gov Page 4 of 7 Office of: Select Board Town Manager A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Whitney-yes, Selectperson Bingham-yes, Chair Chatelain-yes. The Board vote was 4-Yes, 0-No. The Town has a database that tracks all permits issued each year, the Town will honor all Lifetime permits going forward, even if they were not exchanged this year. There was discussion regarding family permits and who can use the permit, Mr. Miller stated that the intent is not to have multiple permits per household. There was also consensus that the permit holder must be present to use the permit. This item will be placed on a future Select Board meeting. Quarterly Leadership Team Presentations (Public Safety): Police Department, Fire Department, Department of Public Works, Water Department, and Facilities Department Department heads are organized into four different leadership teams: Public Safety, Community Development, Social Services and Finance. Every 3-4 months, department heads will provide an update at a Select Board meeting. Police Department (Chief Eldredge) o Police Activities/Calls for Service No expectation for increases in criminal activity for the remainder of the year. Highlights of some of the things the Police have responded to were reviewed, these are in addition to traffic enforcement. Continue to respond to many issues surrounding mental health and substance abuse. o Personnel Recently filled a dispatch position and working to fill a part-time dispatcher position. Interviewing candidates to fill one police officer position. Working with Human Resources to post a part-time custodian position. o Current Projects Creating a 5-year strategic plan to guide future growth and development. Ordered two more frontline hybrid cruisers, working towards a more fuel-efficient fleet. Upgrading the Livescan Fingerprint System to be compliant with State standards Security fencing and secure storage is almost completed behind the police station. o Community Engagement Storytime at Eddy Elementary, Trunk-or-Treat and Faith & Blue Event are a few examples from the past couple of weeks. Fire Department (Chief Moran & Deputy Chief Varley) o Received $234K for Fire Instructure training, excess funds will be used for additional training, coverage overtime pay and instructor costs. This will happen over the next couple of years at no cost to the taxpayer. o Introduction of the new Fire Prevention Office Scott Romer, a 12-year call firefighter. o Stop the Bleed and CPR training will be available to employees in November. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 11.06.2023 www.brewster-ma.gov Page 5 of 7 Office of: Select Board Town Manager o DEP Oil Spill Drill at Sesuit Harbor was conducted with Dennis Fire Department, DEP provided overtime funding for the drill. o Review of the Ambulance Order project, the Strategic Plan, Lexipol (software package) Project, Foam Removal project, ASHER training (with the Police Department) o The Staffing Study is being finalized and the report will be shared at a December meeting with the Select Board and the Finance Committee. o Staffing Review 5 members were recently sworn in one member from the department will be leaving in a couple weeks, one will be on long term medical leave and one is deployed with the US Army o Fire Prevention- school education programs and citizens fire academy o Enhanced website o Community Events- Trunk or treat, Christmas Tree Lighting and Homeless for the Holidays o Review of the Fire Department service calls Department of Public Works- Griffin Ryder o Overview of Projects Breakwater Road and Foster Road Drainage Bay Parcel Pool Parking Lot o Operations Recycling Center study o Challenges Staffing – in the process of hiring for an Assistant Director, at the end of this month will be short four positions. Equipment and vehicle build timeframes- related to replacement plans Vehicle sourcing Price increases o Millstone Road Update o Long Pond Town Landing Update (the website is updated with the latest information and timeline) Water Department – Paul Anderson o Water Tank Updates- two tanks were cleaned and painted over a two-month period. o Hydration Stations- status map is available on the Town website 11 interior & 7 exterior currently installed throughout Town Review of the locations to come in 2023, early 2024 o Master Plan Grant Funding review o Red Top Road watermain review (approximately 3,000 ft) o Staffing Transition period due to retirement, promotions, and other opportunities New in-house Distribution Foreman and Treatment Foreman 4 new Service Technicians (laborers) Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 11.06.2023 www.brewster-ma.gov Page 6 of 7 Office of: Select Board Town Manager Continued education and training for staff Facilities Department – Tom Thatcher o Current and Future Projects Energy Efficient Solutions Upgrade lighting to LEDs, installed mini-split heat pumps in place of electric heat and replaced electric water heaters with heat pump units Upgrade software to HVAC, modifications to boilers, programmable thermostats Behavior Based Initiatives Moderating use of heating and air conditioning and adjusting temperature setpoints in unoccupied rooms Routing maintenance on HVAC systems Power off computers and network devices when not in use and unplugging appliance and machinery when not in use Motion sensor light switches and ADA low flow toilets Town Hall window replacement project update Implementation of Building Maintenance software program for improved efficiency and tracking Safety and Security of Town Buildings Panic buttons, security camera coverage and emergency lock down system FYIs Mr. Lombardi noted that the Veteran’s Day Ceremony will be held at the Council on Aging at 10am on Saturday November 11th. And that Town Meeting will be held on Monday November 13th at 6pm, check-in starts at 5pm. Matters Not Reasonably Anticipated by the Chair None Questions from the Media None Next Meetings November 13 (Town Meeting), November 27, December 4 (Joint with Finance Committee), and December 18, 2023 Adjournment Selectperson Hoffmann moved to adjourn at 7:55pm. Selectperson Whitney second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Hoffmann-yes, Selectperson Bingham-yes, Chair Chatelain- yes. The Board vote was 4-Yes, 0-No. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 11.06.2023 www.brewster-ma.gov Page 7 of 7 Office of: Select Board Town Manager Respectfully submitted by Erika Mawn, Executive Assistant Approved: __________________ Signed: _________________________________________ Date Selectperson Hoffmann, Clerk of the Select Board Accompanying Documents in Packet: Agenda, TM Report, Consent Agenda items, Shellfish License data, Public Safety Presentations, and FYIs. FINAL Select Bd Appt Policy; version Oct. 28 Appendix C SELECT BOARD COMMITTEE APPLICATION SCREENING FORM Applicant Name Requested Committee 1. TOWN CLERK REVIEW a. Applicant is a registered Brewster voter: Yes No b. Date confirmed 2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD a. Select Board Liaison Applicant Interview: i. Interviewer name (Select Board Liaison): ii. Interview date: b. Select Board Liaison Consultation with Committee Chair: iii. Committee Chair name: iv. Consultation date: v. Did Committee Chair also interview applicant? Yes No c. Was at least 1 Brewster reference contacted: Yes No N/A d. Select Board Liaison Recommendation: i. Recommend appointment. ii. Recommend appointment to other committee that is a better fit for applicant qualifications. iii. Recommend holding application for future opening. iv. Not recommended. 3. SELECT BOARD ACTION a. At a Select Board meeting held , the Applicant was appointed to for a term ending year term. 4. NOTIFICATION OF APPOINTEE AND TOWN CLERK a. Date notification of appointment sent to appointee and Town Clerk: FINAL Select Bd Appt Policy; version Oct. 28 Appendix B Town of Brewster SELECT BOARD COMMITTEE APPOINTMENT APPLICATION Cri w APPLICANT DIRECTIONS: • Thank you for your interest in serving Brewster. The Town aims to match applicants with committee service best aligned to your skills and interests as well as the committee's needs. • The Town may consider the information in this application, any supplemental information, and any other publicly available information. An appointment to any committee, board or commission is at the discretion of the Select Board. • Please complete this form online, or on paper, and submit a resume if desired to Erika Mawn, Town Administrator's Executive Assistant: o Email: EMawn(Brewster-MA.clov o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or o In person: Town Administrator's Office or drop -box outside Town Hall. • After your application materials are received, you'll be contacted regarding next steps. Vacancies will be filled by applicants deemed best qualified to serve in a particular capacity, which discretion lies solely with the appointing authority. Submitting this form does not guarantee appointment. 1. Applicant name: 2. Address: 2A-15-6- T Fr 3. Phone Numbers: Home: 4. Email: 5. This is an application for: Cell: L Full member status Alternate status 6. Are you a full-time Brewster resident? U Yes No 7. Years you've lived in Brewster: I wee 5 8. Are you registered to vote in Brewster? Yes nv No 9. Committees you are interested in serving on in order of preference: a P f L t'- 1` L' c f ►' ; % r'l'Y irr /1` eO b. c NOTE: You may attach a resume or CV instead of completing items 10-14. FINAL Select Bd Appt Policy; version Oct. 28 10. EDUCATION. List schools attended, degrees/diplomas/certificates received, and date of completion. Name of School Degree/Diplomas Certificates Date of Completion 11.00CUPATION: I (.f 6( %� (Qc I UI 1 �1/'1['tic �' (; yO 9 Active 1 Retired / of currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of employment for at least previous 3 years. Name of Employer Job Title Dates of Employment ' ink; i(,k.) r 'lilt 4 fk LeaciTecitetfr hre*6 tccrD ----> '. I 1 u' (1(-) l re { '� �o >n of „) ,14, (4 ,Oirc - 1 R3.-* ix RrIli'L-5 a l ' ,whet 13. GOVERNMENT POSITIONS. List any Town of Brewster or other government volunteer, elected, or appointed positions you now hold or have held. •I 14. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that you belong to or have belonged to in the previous 5 years: a. Organizations and dates: Co m n 'T1 f -Ci10Y)Cb ivn I- tie � -2 Bsr 1a -6(v/ te-h Oare_VegagatA e t vc.( aw 15.GOALS: Please explain why you'd like to serve on a particular committee. eii A74 eq& ;eP , AlAIM 0ve?' Gvaz_e-a; M y " ft- ,�Iun /2_.c,e-in''P f eOc/r Iv wee ,45 CckMmUll/7-z/ ±d 7 -' 5 k-4 LLA`-- elE" d rdaY: y -Alb kvia e /''t `j' r' d '„ /,146 " ! I 16. XPERIENCE & SKILLS: Please list any experience, achievements, skills, or interests you have that would assist you to serve effectively on the committee you wish to serve on. C' .,'1 m ✓// . "o . a(7A-r— (,7-„el _s ©r /1' e N1/K5ev m/5sivi,4-sf4ri `)nC,erari ,��d a m C oe-Di r rc'U�- �v £ °,W: r4/17- F-----r-fter? /frAwe-Dr-c,„„--,a,(61-(4- Lyvs-pc_g-/114lAiir LIC �--- / / D�rcr� fy Y(1 --161-1- C it I eni M C 'rciX_LC i'4 17.TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financial consideration from the Town of Brewster? Yes No 18.CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interest if you are appointed?(Does not automatically disqualify but may need to be disclosed) Yes 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): a. Name: K60-6- k d {- [' Address: Phone: Email: Relationship to you: b. Name: E M e k\ e'_ 1{x,''-14)1 C eP 110'4112 Address: Phone: Email: Relationship to you: key C 1 20.ADDITIONAL INFORMATION. Please add any additional information you'd like. FINAL Select Bd Appt Policy; version Oct. 28 20. SIGNATURE. By signing below, you state that you understand and agree. • My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years. • If appointed to a position, I will be considered a Municipal Employee under MGL Ch. 268A and will be subject to: • Massachusetts Conflict of Interest Law, MGL Ch. 268A; • Massachusetts Financial Disclosure Law, MGL Ch. 268B; • Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00; • Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00; • Massachusetts Campaign Finance Law, MGL Ch. 55; and • Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations. • If appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law. • When submitted, I understand that this form becomes a public document. Signature: Date: /o/c95/(96:2 FINAL Select Bd Appt Policy; version Oct. 28 Appendix C SELECT BOARD COMMITTEE APPLICATION SCREENING FORM Applicant Name Requested Committee 1. TOWN CLERK REVIEW a. Applicant is a registered Brewster voter: Yes No b. Date confirmed 2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD a. Select Board Liaison Applicant Interview: i. Interviewer name (Select Board Liaison): ii. Interview date: b. Select Board Liaison Consultation with Committee Chair: iii. Committee Chair name: iv. Consultation date: v. Did Committee Chair also interview applicant? Yes No c. Was at least 1 Brewster reference contacted: Yes No N/A d. Select Board Liaison Recommendation: i. Recommend appointment. ii. Recommend appointment to other committee that is a better fit for applicant qualifications. iii. Recommend holding application for future opening. iv. Not recommended. 3. SELECT BOARD ACTION a. At a Select Board meeting held , the Applicant was appointed to for a term ending year term. 4. NOTIFICATION OF APPOINTEE AND TOWN CLERK a. Date notification of appointment sent to appointee and Town Clerk: FINAL Select Bd Appt Policy: version Oct. 28 Appendix B Town of Brewster SELECT BOARD COMMITTEE APPOINTMENT APPLICATION APPLICANT DIRECTIONS: • Thank you for your interest in serving Brewster. The Town aims to match applicants with committee service best aligned to your skills and interests as well as the committee's needs. • The Town may consider the information in this application, any supplemental information, and any other publicly available information. An appointment to any committee, board or commission is at the discretion of the Select Board. • Please complete this form online, or on paper, and submit a resume if desired to Erika Mawn, Town Administrator's Executive Assistant: o Email: EMawn(Urewster-MA.gov o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or o In person: Town Administrator's Office or drop -box outside Town Hall. • After your application materials are received, you'll be contacted regarding next steps. Vacancies will be filled by applicants deemed best qualified to serve in a particular capacity, which discretion lies solely with the appointing authority. Submitting this form does not guarantee appointment. 1. Applicant name: 2. Address: '24“-Aves- 3. Phone Numbers: Home: Cell: J 4. Email: (XS 1r .)Dr e��-- 5. This is an application for: Full member status Ft Alternate status 6. Are you a full-time Brewster resident? 7. Years you've lived in Brewster: 8. Are you registered to vote in Brewster? I '4 Yes j Yes No No 9. Committees ou are interested in serving on in order of preference: a \-kA.\I-\r, er— b. c �ci— t CL fltksti) NOTE: You may attach a resume or CV instead of completing items 10-14. FINAL Select Bd Appt Policy; version Oct. 28 10. EDUCATION. List schools attended, degrees/diplomas/certificates received, and date of completion. Name of School Degree/Diplomas Certificates Date of Completion l -z- 1`n �j A. e, C -Ite, ( hL 1 P SCE 1 '7 C dire >.4-1 011544—$ c is` -S nb ct k.:, r- f)cti 1 ell J - .,,, v.., , o k - Qt. \,c,ry\c_, il-vt oes'^A.i 11.00CUPATION: - l Active S<jr r Retired Not currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of t least previous 3 years. Name of Employer Job Title Dates of Employment yvinnte` \ l To 0.s= uL C. —L'5 - ,©(: .l N, ItAVD—C t 1, lX) 4 IS kva..uyti ti, \C I'll J CIO c- C.,.1.UiC)c a ckr) 13.GOVERNMENT POSITIONS. List any Town of Brewster or other government volunteer, elected, or appointed positions you now hold or have held. • 1c-t_y, our -10c • f • J • ! 14.COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that you belong to or have belonged to in the previous 5 years: a. Organizations and dates: 15. GOALS: Please explain why you'd like to serve on a particular committee. %. tt 1fl C. `Q �n 1r>\)O\vun'> I \.1L �o Qt.. i, l to .r 3k f ‘101/41,A. t tern. 0,F) kcnt, 16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or interests you have that would assist you to serve effectively on the committee you wish to serve on. 01/4.4 ek. kr) rtC-01.51-4" 'Xao• \-)Oks„Ve, f.'� t..> 1 ' 1,r -e, ce\r,, J cs\kvTtr•-• Q. \�L's��ti` 17.TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financial consideration from the Town of Brewster? Yes No 18. CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interest if you are appo ted?(Does not automatically disqualify but may need to be disclosed) Yes No 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): a. Name: Address: Phone: Email: Relationship to you: c.:EL .\ o1 7.iec1,A b. Name: Address: Phone: Email: Relationship t• you: cr" tt.ri p ®.s ;n PQ -c- 20. ADDITIONAL INFORMATION. Please add any additional information you'd like 1- \-1-e, Nct...t.m. 0.-- CL. \.e.e\cl..1..i., A-SN'''‹..0.-)re) \IAAS CA.401.4 }��j,, G.�4e---(1-ktCl0 - 1 l±-,) t1'o x: it A-AtIA d CF I \\- Ot--(-\-4atr;)5 e.....f>k6---X. CovG4 Irker4N\ it -a ev'' k Cre.- - �aMJ\lr7 5�i�-�--t-o..� 6r th,�, FINAL Select Bd Appt Policy; version Oct. 28 20. SIGNATURE. By signing below, you state that you understand and agree. • My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years. • If appointed to a position, I will be considered a Municipal Employee under MGL Ch. 268A and will be subject to: • Massachusetts Conflict of Interest Law, MGL Ch. 268A; • Massachusetts Financial Disclosure Law, MGL Ch. 268B; • Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00; • Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00; • Massachusetts Campaign Finance Law, MGL Ch. 55; and • Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations. • If appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law. • When submitted, I understand that this form becomes a public document. Signature: ,•. ����OgPOP PieO fFO. IB, I60! Town of Brewster 2198 Main Street Brewster, MA 02631 Phone: (508) 896-3701 Website: www.brewster-ma.gov Office of: Select Board Town Manager Application Fee: $35.00 APPLICATION FOR ONE -DAY LIQOUR LICENSE Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a completed application and payment, the request will be placed on a Select Board meeting agenda for review Submit to Town Manager's office or Iicenses(7brewster-ma.gov. Section 1: Applicant Information Applicant/Property Owner: Cap ✓4 iheiCOfrC Applicant's Address: , 299 Halo 1(et Telephone # and Email Address: Jaranne Per Y9 ',ripe rY ( Cie (/24 013 ®r Ala rim v im x'08' • V6-2,709', ct r a1�. Section 2: Event Information ' I? r�,QY nqf Type of Event: Holici Alta 7 W L e- \� 5111,3 0' Location of Event: ---- � fr»4 �.99 i is �i Sr ��,r'�� Date of Event & Pro osed Tim s: / I Thu r5 dcu, p ij Ve4/42( 1 210 pni Type of Liquor to be served (beer, wine, both, etc.): Peer Number of attendees anticipated: J20 rn� Section 3: Server Information: Server name, address, and phone #: �►�� � PeJrvj) •3 q9' A4aI crie Has the server provided fingerprints to the Brewster Police Department in the last 3 years? Yes No *If no, please sec page 2 and contact the Police Department to complete fingerprinting, the additional fees arc to be paid directly to the Police Department. This may delay your application processing time. * Section 4: Additional Information/ Will food be provided? Yes No V If yes, please contact the Health Department for a Temporary Food Permit. Applicant Signature: R4/ Date: 1/IR L� --�. Town of Brewster 2198 Main Street Brewster, MA 02631 Phone: (508) 896-3701 Website: www.brewster-ma.gov Office of: Select Board Town Manager Application Fee: $35.00 APPLICATION FOR ONE -DAY LIQOUR LICENSE Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a completed application and payment, the request will be placed on a Select Board meeting agenda for review Submit to Town Manager's office or licenses(a).brewster-rna.gov. Section 1: Applicant Information Applicant/Propert Owner: Cape. Kp Jha Applicant's Address: , 2J ?q Mai 1( i Telephone # and Email Address: 491viiY e Per . wipe YY e Cie repo 0Y3 o ,mar/are fotbs-, 5-o ' • V66. Z7c1 /Igor/my Gob Section 2: Event Information Type of Event: yo a 4w) ca) 7?e 1✓ t.�G , \� 51 0L ' Location of Event: v 3299 Ala, i 61fetitA-5-1-LOr 1/10 Date of Event & Proposed Times: 1 , rich ) • D ece,ryi or 1, ),023 1-/o p y Type of Liquor t be served (beer, wine, both, etc.): ,beer tone Mu 1,16n/ ch (yr ) Number of attendees anticipated: / 1 Section 3: Server Information: Server name, address, and phone #: loenty Zigq A4ai4 a/7e ' Has the server provided fingerprints to the Brewster Police Department in the last 3 years? Yes No *If no, please see page 2 and contact the Police Department to complete fingerprinting, the additional fees arc to be paid directly to the Police Department. This may delay your application processing time. * Section 4: Additional Information/ Will food be provided? Yes No V If yes, please contact the Health Department for a Temporary Food Permit. Applicant Signature: ornkal 3/14)3 Town of Brewster 2198 Main Street Brewster, MA 02631 Phone: (508) 896-3701 Website: www.brewster-ma.gov Office of: Select Board Town Manager Application Fee: $35.00 APPLICATION FOR ONE -DAY LIQOUR LICENSE Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a completed application and payment, the request will be placed on a Select Board meeting agenda for review. Submit to Town Manager's office or licenses;7b.rewster-rna.gov. Section 1: Applicant Information Applicant/Propert Owner: Cape. J Li4 ic Applicant's Address: , �V ? 44aii ,'ee Telephone # and Email Address: Jaafi/ne f2erf ®1" ,.�larioi Section 2: Event Information Type of Event: (jll d Ai 5! / 1 1. 1✓ I.G of 0J''' Location of Event: / 3/9 9 Alkiiii 7 ( )S/W*J( 197/4 Date of Event & Proposed Times: SaturdLj1 b'e CX A/11M(1- ? 20. J3 rl ID p. n . Type of Liquor to be served (beer, wine, both, etc.):, ,eer lne- Mu// f dole/ (ru 1(n) Number of attendees anticipated: / zo jvhpevvy@capereps 013 0 r b Section 3: Server Information: Server name, address, and phone #: Perr, 3),99 A4a1k1 c // Has the server provided fingerprints to the Brewster Police Department in the last 3 years? Yes No *lf no, please see page 2 and contact the Police Department to complete fingerprinting, the additional fees arc to be paid directly to the Police Department. This may delay your application processing time. * Section 4: Additional Information/ Will food be provided? Yes No V If yes, please contact the Health Department for a Temporary Food Permit. Applicant Signature: t1{46,-.103 Date: tl,1(5(-`u23 wnteki Cotpxt<2 Number of attendees anticipated: Date of Event & Propose Times: Town of Brewster 2198 Main Street Brewster, MA 02631 Phone: (508) 896-3701 Website: www.brewster-ma.gov Office of: Select Board Town Manager Application Fee: $35.00 APPLICATION FOR ONE -DAY LIQOUR LICENSE Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a completed application and payment, the request will be placed on a Select Board meeting agenda for review Submit to Town Manager's office or licenses(ibrewster•-rna.gov. Section 1: Applicant Information Applicant/Propert Owner: Ccp jn rc Applicant's Address: , 3)_,9q Mari Si 'ee Telephone # and Email Address: Jc.tn/ne &r119 ) OK ,', ar1ors Section 2: Event Information Jn1pevv 7 cape rep4 � drr Type of Event: al4ay Alaska) 7?i/ci Oc Location of Event: --� / x-99 i'/i�'� J c "�� 1eiti✓„ctor VIi// 5umol ,g ' , ).o23 p 144 Type of Liquor to be served (beer, wine, both, etc.): ,beer Wine 1hei Cru 2.0 Section 3: Server Information: Server name, address, and phone #: Perrji 3,,9q I4a c5tie . Has the server provided fingerprints to the Brewster Police Department in the last 3 years? Yes No *If no, please sec page 2 and contact the Police Department to complete fingerprinting, the additional fees arc to be paid directly to the Police Department. This may delay your application processing time. * Section 4: Additional Information/ Will food be provided? Yes No 'J If yes, please contact the Health Department for a Temporary Food Permit. Applicant Signature: Date: PM' Wrikgti Co AU° Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Townmanager@brewster-ma.gov TO: Select Board FROM: Conor Kenny, Town Project Manager CC: Peter Lombardi, Town Manager and Donna Kalinick, Assistant Town Manager RE: Extension of Long Pond Town Landing Closure DATE: 11/17/2023 The ongoing Long Pond Town Landing project seeks to provide efficient and safe boat access at Long Pond. Speakman Excavation is currently working on the construction of the new boat ramp, the creation of a new dedicated entrance drive to the parking area, and the improvement of the boat trailer parking at the Long Pond Town Landing. Chris Miller, Natural Resources Director and Griffin Ryder, Public Works Director are continuing to oversee the project, along with the engineering firm, Horsley Witten. The Select Board voted in July 2023 to close public access to the Long Pond Town Landing from September 5 through December 1, 2023 in order to begin construction work. At the request of the contractor, Speakman Excavation, we are requesting that the Select Board vote to extend the closure of the landing through December 31, 2023, in order to complete final paving, and the installation of the dock and kayak launch. Additional limited closures may occur in Spring 2024 in order to finish the project, which is expected to be fully completed for the 2024 summer season. We will keep the Board apprised of the progress of the project. Office of: Select Board Town Manager Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 November 27, 2023 Ms. Faythe Ellis, Chair Community Preservation Committee Brewster Town Hall 2198 Main Street Brewster, MA. 02631 Chair Ellis, The Brewster Select Board continues to prioritize housing as an important goal in our Strategic Planning process. Due to the efforts of the Housing Coordinator, in the last year, the State certified our 2022 Housing Production Plan, placing the Town in Safe Harbor through June of 2024 in connection with the issuance of a comprehensive permit for Spring Rock Village, 45 units of rental housing off Millstone Road. We continue to be the lead community for the regional Community Development Grant Block funding which provides housing rehabilitation and childcare voucher funds to eligible families. The Trust also offers a Local Rental Assistance Program and Buy Down Program to assist our residents. The Housing Program also celebrated the dedication and wall raising for two new Habitat homes this fall. All these accomplishments are directly tied to the efforts of the Brewster Housing Coordinator. The CPC has been a partner in the creation, acquisition, support, and preservation of community housing, through the funding of the Housing Coordinator position. Now more than ever, as we see home prices continue to rise and the availability of year-round rentals diminish, we must double down on our efforts. We hope that the Community Preservation Committee and our residents will continue to financially support the vital position of Brewster’s Housing Coordinator. The Board and Town Administration have matched the commitment by funding the benefits portion of the position. The Housing Trust has matched their support by funding a part-time housing program assistant for the Housing Program. The Housing program has grown significantly, but we still have lots of critical work ahead of us. The need for housing that is affordable, sustainable, and safe is significant in our community. Together, we can continue the good work that benefits the economic and social well-being of the Brewster community. Thank you for all you and your committee do for the Town of Brewster. Ned Chatelain, Chair Brewster Select Board Office of: Select Board Town Manager Archive d: Tuesday, N ovember 21, 2023 2:43:09 PM From: Griffin Ryder Se nt: Tuesday, N ovember 21, 2023 12:44:24 PM To: Erika Mawn Cc: Lynn St. Cyr Subje ct: Request for Stormwater Permit Fee Waiver for the Millstone Road Improvement Project Importance : Normal Se ns itivity: None Hi Eri ka- The DPW re spe ctfull y re que sts a fe e wai ve r f rom the Se l e ct Board for the $100 fi li ng f e e f or the Maj or Stormwate r Pe rmi t SWMP2023-43 for the Mi ll stone Road Improveme nt Proje ct. The Stormwate r Pe rmi t appl i cation i s sche duled on the Pl anni ng Board’s Dece mbe r 13, 2023 age nda. Pl e ase l e t me know i f thi s emai l re que st i s suffi ci e nt. Thank you, Griff i n Griff i n Ryder, P.E. Di rector of Publ i c Works Town of Brewste r 508.896.3212 gryder@brewste r-ma.gov Town of Brewster 2198 Main Street Brewster, MA 02631 Phone: (508) 896-3701 www.brewster-ma.gov To: Brewster Select Board as Local Licensing Authority From: Erika Mawn Date: November 21, 2023 RE: Renewal of Annual Liquor Licenses for 2024 Each year the Alcoholic Beverages Control Commission (ABCC) requires the Town of Brewster to complete the annual license renewal process. This is a two-step process that first requires the licensees to sign their retail license renewal and submit payment to the Town. Then the Local Licensing Authority will hold a public hearing on the renewal of the licenses which are contingent on compliance with all other local permits and regulations. All licensees have signed their application in the month of November as required and have submitted payment for their 2024 liquor license. For those retail establishments that require a certificate of liability (Hotel/Innkeeper, Club, and Restaurants) we have received the appropriate documentation, and this will be on file in the Town Manager’s office. The Tax Collector’s office has reviewed the financial obligations of each establishment and there are no outstanding tax payments. The Health Department did not have any concerns with any of the establishments that they permit. The Police Chief has also reviewed the list of establishments and there are no concerns. The Chief has also provided the seasonal population estimation of 30,000, as he has not seen any indication that the number has gone up or down since last year. The Building Department is in the process of completing the annual inspections in coordination with the Fire Department, any establishment that does not pass their annual inspection will not receive their annual liquor license until cleared by the Building Department. Those establishments that hold an Annual Package Store License have been reminded of the new Town bylaw which prohibits the sale of miniature single use containers, commonly referred to as nips. In mid-December when the licenses are issued, they will receive another reminder of the Town bylaw. For licenses that are approved by the Local Licensing Authority, the renewal application and supporting documents will be submitted to the ABCC no later than January 23, 2024. Office of: Select Board Town Manager LEGAL NOTICE TOWN OF BREWSTER Annual Liquor License Hearing In accordance with MGL Chapter 138, Sections 4-17C, the Brewster Select Board will hold a public hearing on Monday November 27, 2023, at 6:15pm to review and renew annual liquor license applications for 2024, in the Town of Brewster. This meeting will be conducted in person at 2198 Main Street, as a courtesy only, access to the meeting is being provided via remote means in accordance with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law. Members of the public who wish to access the meeting may do so in the following manner: Phone: Call (312) 626 6799 or (301) 715-8592. Webinar ID:890 9291 0526 Passcode: 509224 To request to speak: Press *9 and wait to be recognized. ZoomWebinar: https://us02web.zoom.us/j/89092910526?pwd=WHM2V3hrVklhSTloWWhVU09kanUzQT09 Passcode: 509224 To request to speak: Tap Zoom “Raise Hand”, then wait to be recognized. All Alcoholic Restaurants Alexandra & Athanasios LLC d/b/a Stone L’Oven Pizza Bow to Stern Ltd, d/b/a Freemans Grill Brewster El Patron Inc. d/b/a The Island Blue Crab Food & Spirits Brewster Inn Inc, d/b/a Woodshed Brewster Pizza House LLC Brown Dog Investments Inc., d/b/a Laurino’s Cape Cod Village JDT Investments, LLC, d/b/a The Kitchen Cafe Vernon J Smith d/b/a Brewster Fish House General On-Premises Wines & Malt Ack Gioia LLC All Alcoholic Club Brewster Post 9917 VFW of the US Inc. Ocean Edge Resort Ltd Partnership, d/b/a Linx Tavern and Bar Ocean Edge Resort Ltd Partnership, d/b/a Ocean Edge Inn & Conference Center All Alcoholic Hotel/Innkeeper Chillingsworth Inc. Old Sea Pines Inn Corp. Spincape LLC, d/b/a Spinnaker All Alcoholic Package Store A Plus Ventures Inc. d/b/a Winslow’s Spirits & Things Brewster Farms Quick Pik Inc. Brewster Market & Liquors, d/b/a Brewster Village Marketplace Checkerberry Inc. d/b/a Millstone Liquors Lukes of Brewster Inc., d/b/a Lukes Super Liquors Vidira Corp. d/b/a Brewster Wine & Spirits Wines & Malts Package Store Ferretti Liquors Market Inc. d/b/a Ferretti’s Market OERGC Inc. d/b/a Ocean Edge Resorts COMMONWEALTH OF MASSACHUSETTS ALCOHOLIC BEVERAGES CONTROL COMMISSION 95 Fourth Street, Suite 3, Chelsea, MA 02150 2024 Seasonal Population Increase Estimation Form Municipality: Alcoholic Beverages Control Commission c/o Licensing Department 95 Fourth Street, Suite 3 Chelsea, MA 02150 To Whom It May Concern: Acting under authority contained in M.G.L. Ch. 138, s17, as amended, our Board at a meeting held on estimated that the temporary increased resident population of , as of July 10, 2024 will be . This estimate was made and voted upon by us at a meeting called for the purpose, after due notice to each of the members of the time, place and purpose of said meeting, and after investigation and ascertainment by us of all the facts and after cooperative discussion and deliberation. The estimate is true to the best of our knowledge and belief. The above statements are made under the pains and penalties of perjury. Very truly yours, Local Licensing Authorities This certificate must be signed by a majority of the members of the local licensing authority. Date: ________________________ ________________________ ________________________ ________________________ RENEWAL CERTIFICATION 2024 CITY/TOWN: A.LICENSEES WHO FAILED TO RENEW FOR 2024: LICENSE #:LICENSEE CORPORATE NAME AND ADDRESS: B. LICENSEES DISAPPROVED BY THE CITY/TOWN FOR 2024: LICENSE #:LICENSEE CORPORATE NAME AND ADDRESS: We hereby certify that the premises described in 2024 renewal applications for the above mentioned municipality are now occupied, used, or controlled by the licensee and will be on January 1, 2024. The renewal applications have been approved by the Local Licensing Authorities and forwarded to the ABCC. The Local Licensing Authorities Archive d: Tuesday, N ovember 21, 2023 2:53:58 PM From: Erika Mawn Se nt: Tuesday, N ovember 21, 2023 2:19:23 PM To: saumil5691@gmail.com patel.ta@gmail.com vishal_72176@yahoo.com jyotikc2006@yahoo.com brewster@lukescapecod.com bbayrunner@aol.com npatel@jhmus.com kristin.hemeon@oceanedge.com dyal.sandhu@oceanedge.com Erika Mawn Subje ct: Reminder- New Town of Brewster Bylaw Importance : High Se ns itivity: None Attachme nts : Bylaw- Prohibition on Sale of Miniture Single Use Containers.pdf; Good Afternoon, At the May 2023 Annu al Town Meeting, resid en ts voted to adopt a new Town Bylaw on th e Prohibition on Sale of Miniature Single Use Containers for Alcoholic Beverages in Less Than or Equal to 100 Millimeters (commonly referred to as "nip s"). This ban wil l go i nto effect as of Janu ary 1, 2024. With the 2024 Renewal of Liqu or Licenses the Local Li censing Authority, the Select Board, will vote to ap prove your annual license wi th th e condi tion that your establ ishment wil l compl y with the n ew b ylaw starting Janu ary 1, 2024. If y ou hav e any questions, please don’t hesitate to reach out to the Town M anager’s office. Thank y ou and Happy Thanksgiving, Erika E r i k a M a w n Executive Assista nt Town Mana ger/Select Board Office Phone: 508-896-3 701 x1100 Website: www.brewster-ma.gov 2 1 9 8 Main Street Brewster MA 0263 1 Town of Brewster 2198 Main Street Brewster, MA 02631 Phone: (508) 896-3701 www.brewster-ma.gov To: The Select Board From: Erika Mawn Date: November 21, 2023 RE: Renewal of Annual Licenses for 2024 Each year the Select Board votes to renew licenses issued to establishments who conduct business in the Town of Brewster. Those licensees who have expressed their intention to renew their licenses and have submitted their renewal fee for 2024. The renewal of annual licenses is contingent on compliance with all other local permits and regulations. The list of business is reviewed by various departments for any outstanding payments or concerns, these include the Tax Collectors office, the Health Department, the Chief of Police and the Building Department. There are no concerns with the renewal of any of the licenses for calendar year 2024. The Building Department is completing their annual inspections in coordination with the Fire Department, any establishment that does not pass inspection will not have their annual license renewed until the Building Department has signed off on the inspection. Please note with the Common Victualler Licenses that Breakwater Fish & Lobster Market was recently sold, the new owners have been in contact with the Town Manager’s office and will be applying for licenses after the start of the new year. Additionally, Kate’s Cape Cod Ice Cream is closed indefinitely as the business is being sold. These two businesses will not have their licenses renewed for 2024. Annual Common Victualler’s Licenses Ack Gioia LLC Island Blue Crab Food & Spirits Brewster Fish House J.T.’s Seafood Restaurant Brewster Inn & Chowder House/ The Woodshed The Kitchen Café Brewster Pizza House Laurino’s Cape Cod Village Brewster Post #9917 VFW Linx Tavern (Ocean Edge Resort) Café Alfresco Ocean Edge Inn & Conference Center Candleberry Inn Old Sea Pines Inn Cape Cod National Golf Club The Peacemaker Inc. Chillingsworth Pico’s Taco Shack Cobies Sea Meadow Inn Dunkin Donuts Snowy Owl Coffee Roasters Eat Cake 4 Breakfast Spinnaker Freemans Grill Stone L’Oven Harbor Lights Mini Golf Course The Friends of Brewster Dog Park Inc. is requesting a fee waiver of the $100 annual Hawker & Peddler License as they are a not for profit 501 c3 public charity. Hawker & Peddler Licenses Boundless Inc. (Eric Barber)Friends of Brewster Dog Park Inc. Office of: Select Board Town Manager Michael’s Cottages was recently sold, and the new owners have been in contact with the Town Manager’s office, they will be seeking a license after the start of the new year. The Old Sea Pines Inn will not be renewing their license, as the business/property is in the process of being sold, the new owners are aware that they will need to apply for licenses in 2024 to operate as an Inn. Annual Lodging House & Innkeepers Licenses Brewster By the Sea Pepper House Inn Candleberry Inn Sea Meadow Inn Chillingsworth Spinnaker Ocean Edge Inn & Conference Center Captain Freeman Inn Old Manse Inn The Ruddy Turnstone Annual Class II and Livery Licenses Don’s Auto Cosmetics Bola Talabi-Export Only Cape Cod Patient Transport Once approved, the 2024 licenses will be issued in mid-December to all establishments. CR#17004. HUCKLEBERY HILL NW CONSERVATION RESTRICTION BREWSTER, MA GRANTOR: Brewster Conservation Trust GRANTEE: Town of Brewster, Conservation Commission ADDRESS OF PREMISES: 0 Holly Avenue (Rear), Brewster, MA 02631 FOR GRANTOR'S TITLE SEE: Barnstable County Registry of Deeds Book 35528, Page 130 FOR PLAN OF RECORD SEE: Barnstable County Registry of Deeds Plan Book 219, Page 79 CONSERVATION RESTRICTION JOSEPH BIERNAT, BETH FINCH, DEBRA JOHNSON, PETER JOHNSON, MARTIN KAMARCK, DONALD KEERAN, JOHN LAMB, STEPHEN McKENNA, HAL MINIS, BONNIE NEWMAN, ROGER V. O'DAY, PETER W. SOULE, CHARLES L. SUMNER, SEAMUS 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 36 Red Top Road, Brewster, MA, 02631, being the sole owner of the Premises as defined herein, its successors and assigns holding any interest in the Premises ("Grantor"), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws, grants with QUITCLAIM COVENANTS to THE TOWN OF BREWSTER, a Massachusetts municipal corporation with an address of 2198 Main Street, Brewster, Massachusetts, 02631, acting by and tlu-ough its Select Board by authority of the vote taken under Article 4 of the November 14, 2022 Special Town Meeting of the Town of Brewster, an attested copy of which is attached hereto as Exhibit C, and by and through its Conservation Commission by authority of Section 8C of Chapter 40 of the Massachusetts General Laws, their successors and permitted assigns ("Grantee"), in consideration of TWO HUNDRED AND FIFTY THOUSAND and 00/100 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 4.925 acres ("Premises"), which Premises is more particularly described in Exhibit A and shown in the attached reduced copy of a survey plan in Exhibit B, both of which 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 Restriction is to assure that the Premises will be maintained in perpetuity for conservation and passive recreation purposes, in a natural, scenic and undeveloped condition, and to prevent any 1 CR##I7004. HUCKLEBERY HILL NW CONSERVATION RESTRICTION BREWSTER, MA use or change that would impair or interfere with its conservation and preservation values ("conservation values"). Barnstable County Community Preservation Act. The acquisition of this Conservation Restriction is made pursuant to the vote of the Town of Brewster Special Town Meeting, at a duly called meeting held on November 14, 2022, as Warrant Article 4, an attested copy of which vote is attached hereto as Exhibit C, to appropriate funds for the purpose of acquiring a conservation restriction on the Premises for conservation and passive outdoor recreation purposes as defined in the aforesaid Community Preservation Act, G.LA4B § 1 et seq. as applied pursuant to Chapter 149, §298 of the Acts of 2004, as amended by Chapter 352, §129-133 of the Acts of 2004 (the so called "Barnstable County Community Preservation Act" or "CPA"). A copy of the Town Meeting vote is attached hereto as Exhibit C. Pursuant to said Town Meeting Vote, the Select Board of the Town of Brewster hereby places the Premises under the care, custody, and control of the Conservation Commission of said town. The conservation values include the following: • Open Space Protection. The Premises contributes to the protection of the scenic and natural character of Brewster and its protection will enhance the open -space value of the Premises as well as other protected open space parcels, including land -trust owned conservation land on the east, Baker's Pond Conservation Area on the north, and in close proximity to the state's Nickerson State Park to the west (over 1,900 acres). The land around Nickerson State Park, including the locus was listed by the Massachusetts Department of Conservation and Recreation in 1981 as a Scenic Landscape. Surrounding Town land includes the highest location in Brewster at 134 feet above sea level. • Statewide Land Conservation Plan. In 2003 the Statewide Land Conservation Plan was drafted, which identifies the most significant available, undeveloped and unprotected open space lands needed to protect, among other things, biodiversity habitats. Conserving the Premises supports the Statewide Land Conservation Plan in maintaining extensive woodlands of hundreds of acres which enable deer, coyote, fox and other large mammals to breed, roam and forage. • Protection of Wildlife Habitat. The Premises contains Massachusetts Natural Heritage & Endangered Species Program ('`NIIESP") BioMap Critical Natural Landscape. BioMap, last updated in 2022, was designed to guide strategic biodiversity conservation in Massachusetts by focusing land protection and stewardship on the areas that are most critical for ensuring the long-term persistence of rare and other native species and their habitats, exemplary natural communities, and a diversity of ecosystems. BioMap is also designed to include the habitats and species of conservation concern identified in the State Wildlife Action Plan. Therefore, the protection of the Premises aligns with NHESP's wildlife and habitat protection objectives and would ensure perpetual protection for each of these state -recognized habitats. • Baker's Pond Conservation Area. The Brewster Conservation Trust and the Town of Brewster own a 90 -acre assemblage of pine -oak -huckleberry woodlands which run along 2 CR#I70J04. HUCICLEBERYHILL NW CONSERVATION RESTRICTION BREWSTEIR, MA the eastern side of the Premises, on the western side of Baker's Pond — a pond which is located on the Brewster -Orleans town boundaries. Referred to as the Baker's Pond Conservation Area, this protected open space includes a vemal pond and Huckleberry Hill, the highest point in Brewster (134 -feet). BCT maintains a two-mile trail within the Conservation Area which is frequented by white-tailed deer, fox and coyote. • Consistency with Clearly Delineated Barnstable County Conservation Policy. Protection of the Premises will assist in achieving Barnstable County conservation goals. In July 1991, the Bamstable County Assembly of Delegates, pursuant to the Cape Cod Commission Act (Chapter 716 of the Acts of 1989), adopted a Regional Policy Plan ("RPP"), amended in 1996, 2002, 2009, 2012, and 2018, which provided, inter alia (references are to the 2018 RPP): • "To protect, preserve, or restore wildlife and plant habitat to maintain the region's natural diversity" (Wildlife and Plant Habitat Goal, p. 55). ■ In reference to this Wildlife and Plant Habitat Goal, the RPP states, "For many years habitat loss due to development has been the primary threat to the region's habitats" (p. 32); and • "To conserve, preserve, or enhance a network of open space that contributes to the region's natural community resources and systems" (Open Space Goal, p. 55). • In reference to this Open Space Goal, the RPP states, "[t]he open space of the Cape is critical to the health of the region's natural systems, economy, and population. Open space provides habitat for the region's diverse species..." (p. 30); Granting this Conservation Restriction will advance each of these goals. The Premises is adjacent to the BCT's Baker's Pond Conservation Area and in the vicinity of Nickerson State Park. Additionally, the Premises lies entirely within an NHESP BioMap Critical Natural Landscape. Therefore, this Conservation Restriction will ensure that important wildlife and plant life habitats remain undisturbed in perpetuity. The Open Space Goal will be served in preventing development on the Premises. Consistency with Clearly Delineated Town of Brewster Conservation Policy. Protection of the Premises will further the Town of Brewster's documented goals regarding conservation of land. In 2020, the Town of Brewster outlined its conservation goals in its updated Open Space and Recreational Plan, identifying policies and actions to guide conservation efforts. Protecting this Premises from development supports the Town's goals for maintaining open space, preserving the rural and scenic character of the area, and protecting habitat diversity and fresh surface waters. Additionally, the Town of Brewster has adopted a Conservation Restriction Program ("CRP"), consisting of policies and guidelines approved by the Board of Selectmen, Assessors and Conservation Commission in 1989, which encourages the use of conservation restrictions in perpetuity as a means of "protecting water resources and clean air, preserving open space, forest lands, and natural habitat of fish, wildlife or plants and 3 CR#17004. HUCKLEBERYHILL NW CONSERVATION RESTRICTION BREWSTER, MA providing scenic enjoyment, outdoor recreation and education of the public;" and which further specified that purposes of a conservation restriction could include the following: • to prevent the cutting of trees; • to preserve important natural habitats; and, • to limit or prevent construction on land of natural resource value For similar reasons outlined above, granting this Conservation Restriction aligns with the goals of the Town of Brewster's Conservation Restriction Program. • Consistency with Clearly Delineated Federal Conservation Policy. Protection of the Premises meets the definition of "conservation purposes" as defined in 26 CFR 1,17©A - 14(d)(1), because its conservation would: protect the land for outdoor recreation by the general public; reserve the land for education regarding the natural world; protect wildlife habitats; and it would contribute to the preservation of open space because it would enhance public access to additional Brewster woodlands. These and other conservation values of the Premises, as well as its current uses and state of improvement, are described in a Basel ine Documentation Report ("Baseline Report") prepared by Grantee with the cooperation of the Grantor, consisting of maps, photographs, and other documents and on file with the Grantee and referenced herein. The Baseline Report (i) is acknowledged by Grantor and Grantee to be a complete and accurate representation of the condition and values of the Premises as of the date of this Conservation Restriction, (ii) is intended to fully comply with applicable Treasury Regulations, and (iii) is intended to serve as an objective information baseline for subsequent monitoring of compliance with the terms of this Conservation Restriction as described herein. Notwithstanding the foregoing, the parties may utilize any evidence of the condition of the Premises at the time of this grant other than the Baseline Report, should the Baseline Report be unavailable or if it does not adequately address the issues presented. II. PROHIBITED ACTS AND USES, EXCEPTIONS THERETO, AND PERMITTED USES A. Prohibited Acts and Uses Subject to the exceptions set forth herein, the Grantor will not perform or allow others to perform the following acts and uses which are prohibited on, above, and below the Premises: (1) Constructing, placing or allowing to remain any temporary or permanent building, tennis court, landing strip, mobile home, swimming pool, asphalt or concrete pavement, sign, fence, billboard or other advertising display, wind turbine, antenna, utility pole, tower, solar panel, solar array, conduit, line or other temporary or permanent structure or facility on, above or under the Premises; 4 CR#17004. HUCKLEBERY HILL NW CONSERVATION RESTRICTION BREWSTER, MA (2) Mining, excavating, dredging or removing from the Premises of soil, loam, peat, gravel, sand, rock or other mineral resource or natural deposit or otherwise making topographical changes to the area; (3) Placing, filling, storing or dumping of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, tree and other vegetation cuttings generated off -site, waste or other substance or material whatsoever or the installation of underground storage tanks; (4) Cutting, removing or otherwise destroying trees, grasses or other vegetation; (5) Activities detrimental to drainage, flood control, water conservation, water quality, erosion control, soil conservation, wildlife habitat, or archaeological conservation; (6) Hunting, , trapping, or camping; (7) Use, parking or storage of vehicles including motorcycles, mopeds, all -terrain vehicles, trail bikes, or any other motorized vehicles on the Premises except for vehicles necessary for public safety (i.e., fire, police, ambulance, other government officials) in carrying out their official duties or as necessary for the mobility impaired; (8) Subdivision or conveyance of a part or portion of the Premises alone, or division or subdivision of the Premises (as compared to conveyance of the Premises in its entirety which shall be permitted), and no portion of the Premises may be used towards building or development requirements on this or any other parcel. The development rights which are encumbered and extinguished by this Conservation Restriction shall not be transferred to any other property pursuant to a transferable development rights plan, cluster development plan, or otherwise; (9) The use of the Premises for business, residential or industrial use, or commercial recreation; (10) Any other use of the Premises or activity which is inconsistent with the purpose of this Conservation Restriction or which would impair its conservation values. B. Reserved Rights and Exceptions The Grantor reserves the right to conduct or permit the following activities and uses on the Premises, but only if such uses and activities do not impair the conservation values or purposes of this Conservation Restriction. (1) Vegetation. Management. The selective minimal removing of brush, pruning and cutting to prevent, control or remove hazards, disease, insect or fire damage, or to preserve the present condition of the Premises, including vistas as documented in the Baseline Report, woods roads, fence lines and trails and meadows. 5 CR#17004. HUCKLEBERYHILL NW CONSERVATION RESTRICTION BREWSTER, MA (2) Non -Native, Invasive or Nuisance Species. The removal of non-native, nuisance or invasive species, the interplanting of native species, and the control of species in a manner that minimizes damage to surrounding, non -target species and preserves water quality. (3) Composting. The stockpiling and composting of stumps, trees, brush, limbs, and similar biodegradable materials originating on the Premises, provided that such stockpiling and composting is in locations where the presence of such activities will not impair the conservation values (including scenic values) of this Conservation Restriction. No such activities will take place closer than one hundred (I00) feet from any wetland, waterbody or stream. All exercise of this reserved right shall take into account sensitive areas and avoid harm to nesting species during nesting season. (4) Wildlife Habitat Improvement. With the prior written approval of Grantee, measures designed to restore native biotic communities, or to maintain, enhance or restore wildlife, wildlife habitat, or rare or endangered species including selective planting of native trees, shrubs and plant species. (5) Pest Control. With the approval of the Grantee, trapping and removal of animals for pest control purposes. (6) Archaeological Investigations. Conducting archaeological activities, including without limitation archaeological research, surveys, excavation and artifact retrieval, but only in accordance with an archaeological field investigation plan, which plan shall also address restoration following completion of the archaeological investigation, prepared by or on behalf of the Grantor and approved in advance of such activity, in writing, by the Massachusetts Historical Commission State Archaeologist (or appropriate successor official) and by the Grantee. A copy of the results of any such investigation on the Premises shall be provided to the Grantee. (7) Trails. The marking, clearing and maintenance of existing trails as shown in the Baseline Report. With prior approval of the Grantee, the construction of new trails or the relocation or alteration of existing trails, provided that any construction, relocation, or alteration results in trails that are no wider than eight (8) feet. (8) Parking. Installation, maintenance, and use of a parking area for up to three (3) vehicles to enhance public access provided such installation causes no more than minimal disturbance on the Premises. (9) Resting Benches. Installation and maintenance of resting benches for enjoyment by the public, provided such installation causes no more than minimal disturbance on the Premises and does not negatively impact its conservation values. (10) Signs. The erection, maintenance and replacement of signs with respect to trespass, trail access, identity and address of the occupants, sale of the Premises, the Grantee's interest in the Premises, any gift, grant, or other applicable source of support for the conservation of the Premises, and the protected conservation values. 6 CR1417004. HUCKLEBERY HILL NW CONSERVATI©NRESTRICTION BREWSTER, MA (11) Fences. Subject to Grantee's approval, erection and maintenance of open-faced (i.e., sight - pervious) fences, such as wooden split rail, for property boundary delineation, safety reasons, and trail demarcation, so long as the dimensions and design of said fences do not impede free wildlife passage. (12) Outdoor Passive Recreational Activities. Non-commercial, passive recreational uses of the Premises by the public during daylight hours, subject to reasonable regulation by the Grantor. Passive outdoor recreation activities may include walking, jogging, cross-country skiing, bird watching, hiking, wildlife observation, photography, fishing, sketching, painting, and other similar activities that do not conflict with the Conservation Values and that are permitted by law. (13) Site Restoration. Any work undertaken in conjunction with the Reserved Rights described in this Paragraph II(B) shall seek to minimize disturbance to the Conservation Values and other natural features within the Premises that may be impacted as a result of exercising of any of the Reserved Rights described herein. Upon completion of any site work performed in conjunction with the Reserved Rights described in this Paragraph 11(13), any disturbed areas shall be restored substantially to the conditions with respect to soil material, grade, and vegetated ground cover as documented in the Baseline Report, as applicable, or in conformance with the conditions with respect to soil material, grade, and vegetated ground cover that existed prior to said work, if said work is done in any area not documented in the Baseline Report. (14) Permits, Regulations, Laws. The exercise of any right reserved by Grantor under this Paragraph II(B) shall be in compliance with zoning, the Wetlands Protection Act, and all other applicable federal, state and local laws, rules, regulations, and permits. The inclusion of any reserved right requiring a permit from a public agency does not imply that the Grantee or the Commonwealth takes any position whether such permit should be issued. (15) Best Management Practices. The exercise of any right reserved by Grantor under this Paragraph II(B) shall follow, when available and if applicable, established, up to date, and regionally -applicable Best Management Practices or similar standards developed by a governmental agency or other entity with known expertise in the area of practice and designed to protect the natural features potentially affected by the action(s). C. Notice and Approval. Whenever notice to or approval by Grantee is required, Grantor shall notify Grantee, by a method requiring proof of receipt, in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable and any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to its consistency with the purposes of this Conservation Restriction. Where Grantee's approval is required, Grantee shall grant or withhold approval in writing within sixty (60) days of receipt of Grantor's request. Grantee's approval shall not be unreasonably withheld, but shall only be granted upon a showing that the proposed activity shall not impair the purposes of this Conservation Restriction. 7 CR#17004. HUCKLEBERY HILL NW CONSERVATION RESTRICTION BREWSTER, MA Grantee agrees to use reasonable diligence to respond to Grantor's request within 60 days of delivery. Grantee's failure to respond within the sixty (60) calendar day period shall be deemed a denial of the request (hereinafter, a "Deemed Denial"). A Deemed Denial is not final or binding on Grantee, and Grantor may submit the same or a similar request for approval. III. LEGAL REMEDIES OF THE GRANTEE A. Legal and Injunctive Relief. The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Premises to their condition prior to the time of the injury complained of (it being agreed that the Grantee will have no adequate remedy at law). The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for the enforcement of this Conservation Restriction. Grantee agrees to cooperate for a reasonable period of time prior to resorting to legal means in resolving issues concerning violations provided Grantor ceases objectionable actions and Grantee determines there is no ongoing diminution of the conservation values of the Conservation Restriction. Prior to resorting to legal means to enforce any violations of this Conservation Restriction, the Grantee shall first notify the Grantor and request the Grantor to remedy the violation; if the violation is not remedied within sixty (60) days, then the parties shall make a good faith effort to mediate the dispute before litigation is commenced, provided the Grantor ceases the violation immediately upon receipt of notice of the violation and makes a good faith effort to remedy the violation. Grantee shall not, however, have the right to bring an action against Grantor with respect to a violation of this Conservation Restriction by trespassers or other third persons whose entry on the Premises is not authorized and not voluntarily acquiesced in by Grantor provided that the Grantor made reasonable efforts to deter the actions of said trespassers or third persons. Grantor agrees that Grantor will not voluntarily acquiesce in any violation of this Conservation Restriction by trespassers or such other third persons; and Grantor further agrees that Grantor will make reasonable efforts to deter such activities and to remedy the violation and will cooperate with Grantee to enforce this Conservation Restriction against trespassers and such other third persons. Grantor covenants and agrees to reimburse to Grantee all reasonable costs and expenses (including reasonable counsel fees) incurred in enforcing this Conservation Restriction or in taking reasonable measures to remedy, abate or correct any violation thereof, provided that a violation of this Conservation Restriction is acknowledged by Grantor or determined by a court of competent jurisdiction to have occurred. In the event of a dispute over the boundaries of the Conservation Restriction, Grantor shall pay for a survey and to have the boundaries permanently marked,. B. Non -Waiver Enforcement of the terms of this Conservation Restriction shall be at the discretion of Grantee. Any election by the Grantee as to the manner and timing of its right to enforce this Conservation 8 CR#17004. HUCKLEBERYHILL NW CONSERVATION RESTRICTION BREWSTER, MA Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. C. Disclaimer of Liability By acceptance of this Conservation Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantee or its agents. D. Acts Beyond the Grantor's Control Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any actions against the Grantor for any injury to or change in the Premises resulting from causes beyond the Grantor's control, including but not limited to fire, flood, storm and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes. In the event of any such occurrence, the Grantor and Grantee will cooperate in the restoration of the Premises, if desirable and feasible. IV. ACCESS The Grantor hereby grants to the Grantee, or its duly authorized agents or representatives, the right to enter the Premises (i) after reasonable notice and at reasonable times and in a reasonable manner, for the purpose of inspecting the Premises to determine compliance with or to enforce this Conservation Restriction; and, (ii) after sixty (60) days prior written notice, except in an emergency in which case notice shall be given as soon as is practicable, to take any and all actions with respect to the Premises as may be necessary or appropriate, with or without order of court, to remedy, abate or enforce any violation hereof unless the Grantor has prior to the expiration of said sixty (60) days given written notice to the Grantee reasonably addressing all alleged violations and setting forth a reasonable plan to remedy any such alleged violation and has ceased the activity and made reasonable efforts to begin remediation. The Grantor grants access to the trails on the Premises to the general public and agrees to take no action to prohibit or discourage access to and use of the Premises by the general public, but only for daytime use and only for the activities described in Section II.B.(7) provided that such agreement by Grantor is subject to the Grantor's reserved right to establish reasonable rules, regulations, and restrictions on such permitted recreational use by the general public for the protection of the purposes and conservation values of this Conservation Restriction. Grantor has the right to control, limit, or prohibit by posting and other reasonable means activities or uses of the Premises not authorized in Section II.B.(7). The Grantor's right to grant public access across the Premises is subject to the restrictions described in this Conservation Restriction. Any public use which is permitted by the terms of this Conservation Restriction constitutes permission to use the Premises for purposes described in Section 17C of Chapter 21 of the Massachusetts General Laws and the Grantor and Grantee hereto benefit from exculpation from liability to the extent 9 CR#17004. HUCKLEBERY HILL NW CONSERVATION RESTRICTION BREWSTER, MA provided in such section. The Grantee may require the Grantor to post the Premises against any use that may result in rutting or erosion or other damage to the natural resources of the Premises. V. EXTINGUISHMENT A. If circumstances arise in the future such as render the purpose of this Conservation Restriction impossible to accomplish, this restriction can only be terminated or extinguished, whether in whole or in part, by a court of competent jurisdiction under applicable law after review and approval by the Massachusetts Secretary of Energy and Environmental Affairs. If any change in conditions ever gives rise to extinguishment or other release of the Conservation Restriction under applicable law, then Grantee, on a subsequent sale, exchange, or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds in accordance with Paragraph V(B), subject, however, to any applicable law which expressly provides for a different disposition of the proceeds and after complying with the terms of any gift, grant, or funding requirements. Grantee shall use its share of the proceeds in a manner consistent with the conservation purpose set forth herein. B. Proceeds. Grantor and Grantee agree that the donation of this Conservation Restriction gives rise to a real property right, immediately vested in the Grantee, with a fair market value that is Sixty -Nine and 44/100 percent (69.44%0)1 of the fair market value of the unrestricted Premises determined at the time of the gift. Such proportionate value of the Grantee's property right shall remain constant. Any proceeds will be distributed only after complying with the terms of any gift, grant, or other funding requirements, including Barnstable County Community Preservation Act. C. Grantor/Grantee Cooperation Regarding Public Action. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority, then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in accordance with Paragraph V(B), after complying with the terms of any law, gift, grant, or funding requirements. If a less than fee interest is taken, the proceeds shall be equitably allocated according to the nature of the interest taken. The Grantee shall use its share of the proceeds like a continuing trust in a manner consistent with the conservation purposes of this grant. VI. DURATION & ASSIGNABILITY A. Running of the Burden. The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor holding any interest in the Premises. B. Execution of Instruments. The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; the Grantor, on behalf of itself and its successors and assigns, appoints the Grantee their attorney - The Town (Grantee) paid $250, 000 for this Conservation Restriction, representing 69.44% of the fee simple purchase price of $360,000 by the Brewster Conservation Trust (Grantor). 10 CR#17004. HUCKLEBERY HILL NW CONSERVATION RESTRICTION BREWSTER, MA in -fact to execute, acknowledge and deliver any such instruments on its behalf. Without limiting the foregoing, the Grantor and its successors and assigns agree themselves to execute any such instruments upon request. C. Running of the Benefit. The benefits of this Conservation Restriction shall run to the Grantee, shall be in gross and shall not be assignable by the Grantee, except in the following instances: As a condition of any assignment, the Grantee shall require that the purpose of this Conservation Restriction continues to be carried out; that the assignee is not an owner of the fee in the Property, and the assignee, at the time of the assignment, qualifies under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and is a donee eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts General Laws. Any assignment will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. VII. SUBSEQUENT TRANSFERS The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Premises, including a leasehold interest and to notify the Grantee not less than twenty (20) days prior to the execution of such transfer. Failure to do any of the above shall not impair the validity or enforceability of this Conservation Restriction. Any transfer will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. The Grantor shall not be liable for violations occurring after their ownership. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and may be held responsible for any continuing violations. VIII. ESTOPPEL CERTIFICATES Upon request by the Grantor, the Grantee shall, within thirty (30) days written notice, execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor's compliance or non-compliance with any obligation of the Grantor contained in this Conservation Restriction, and which otherwise evidences the status of this Conservation Restriction as may be requested by the Grantor. IX. NON MERGER The parties intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantee agrees that it will not take title, to any part of the Premises without having first assigned this Conservation Restriction to a non -fee owner that is qualified under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder and is eligible to 11 CR#17004. HUCKLEBERY HILL NW CONSERVATION RESTRICTION BREWSTER, MA receive this Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts General Laws in order to ensure that merger does not occur and that this Conservation Restriction continues to be enforceable by a non -fee owner. X. AMENDMENT If circumstances arise under which an amendment to or modification of this Conservation Restriction would be appropriate, Grantor and Grantee may jointly amend this Conservation Restriction; provided that no amendment shall be allowed that will affect the qualification of this Conservation Restriction or the status of Grantee under any applicable laws, including Section 170(h) of the Internal Revenue Code of 1986, as amended, or Sections 31-33 of Chapter 184 of the Massachusetts General Laws. Any amendments to this conservation restriction shall occur only in exceptional circumstances. The Grantee will consider amendments only to correct an error or oversight, to clarify an ambiguity, or where there is a net gain in conservation value. All expenses of all parties in considering and/or implementing an amendment shall be borne by the persons or entity seeking the amendment. Any amendment shall be consistent with the purposes of this Conservation Restriction, shall not affect its perpetual duration, shall be approved by the Secretary of Energy and Environmental Affairs and if applicable, shall comply with the provisions of Article 97 of the Amendments to the Massachusetts Constitution, and any gills, grants or funding requirements. Any amendment shall be recorded in the Barnstable County Registry of Deeds. XI. EFFECTIVE DATE This Conservation Restriction shall be effective when the Grantor and the Grantee have executed it, the administrative approvals required by Section 32 of Chapter 184 of the Massachusetts General Laws have been obtained, and it has been recorded in a timely manner in the Barnstable County Registry of Deeds. XII. NOTICES Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage pre -paid, addressed as follows: To Grantor: To Grantee: Brewster Conservation Trust 36 Red Top Road Brewster MA 02631 Town of Brewster Conservation Commission 2198 Main Street Brewster MA 02631 or to such other address as any of the above parties shall designate from time to time by written notice to the other or, if notice is returned to sender, to an address that is reasonably ascertainable by the parties. 12 CR#17004. HUCKLEBERY HILL NW CONSER VATIONRESTRICTION BREWSTER, MA XIII. GENERAL PROVISIONS A. Controlling Law. The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. B. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in favor of the grant to effect the purpose of this Conservation Restriction and the policy and purposes of Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the purpose of this Conservation Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability. If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provision of this Conservation Restriction shall not be affected thereby. D, Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to this Conservation Restriction and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Restriction, all of which are merged herein. XIV. MISCELLANEOUS A. Pre -Existing Public Rights. Approval of this Conservation Restriction pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws by any municipal officials and by the Secretary of Energy and Environmental Affairs is not to be construed as representing the existence or non-existence of any pre-existing rights of the public, if any, in and to the Premises, and any such pre-existing rights of the public, if any, are not affected by the granting of this Conservation. Restriction. B. Subordination. The Grantor shall record at the appropriate Registry of Deeds simultaneously with this Conservation Restriction all documents necessary to subordinate any mortgage, promissory note, loan, lien, equity credit line, refinance assignment of mortgage, lease, financing statement or any other agreement which gives rise to a surety interest affecting the Premises. C. Attached hereto and incorporated herein by reference are the following: Signature pages: Grantor — Trustees of the Brewster Conservation Trust Grantee Acceptance — Town of Brewster Conservation Commission Grantee Acceptance and Approval by Town of Brewster Select Board Approval of the Secretary of Energy and Environmental Affairs. 13 CR#17004. HUCKLEBERY HILL NW CONSERVATION RESTRICTION BREWSTER, MA Exhibits: Exhibit A: Description of Premises Exhibit B: Sketch Plan of Premises Exhibit C: Town of Brewster Special Town Meeting Vote 14 CR#I7004. HUCKLEBERY HILL NW CONSERVATION RESTRICTION BREWSTER, MA GRANT: This Conservation Restriction to the Town of Brewster Conservation Commission was granted by the Trustees of the Brewster Conservation Trust this / ViClay of , 2023. BREWSTER CONSERVATION TRUST By its Trustees, duly authorized Martin Kamarck, Tn tee & President John lamb Joseph Biernat Steve M Kenna Beth Finch m Debra Johnso P4iM Peter o on Hal Dona d Keer. oods Barnstable, ss: Bonnie Newman Roger V. (Jr'llay P- rW.Sole Char es S 7uak, Rosemary V Antwerp COMMONWEALTH OF MASSACHUSETTS On this day of , 2023, before me, the undersigned notary public, personally appeared A ca -hi Kama rcj rhPn L41 5—e pile ,e1 Ivlc4C•en a, 207-er us O L f) Charles L. Su,.>n Zole hrIci ry Van 4--twer.pp) 5eq u S WadeP9, DO keQr tn, f l 'i 5-) kik-Tnl��su�, (,z+Jadoh, and proved to me through satisfactory evidence ofidentification, which was personal knowledge, to be the persons whose names are signed on the proceeding or attached document, and acknowledged to me that they signed it voluntarily for its s j d purp `,1,4411110, �. ROSE'/, ar H. Robinson, Notary Public My Commission Expires: 8 July 2027 115 CR#17004. HUCKLERERYHILL NW CONSERVATION RESTRICTION BREWSTER, MA ACCEPTANCE We, the undersigned, being a majority of the Conservation Commission of the Town of Brewster, Massachusetts, hereby certify that at a public meeting duly held on November 14, 2023, the Conservation Commission voted to accept the foregoing Conservation Restriction from the Trustees of the Brewster Conservation Trust, in the public interest pursuant to Section 32 of Chapter 184 and Section 8C of Chapter 40 of the Massachusetts General Laws and do hereby accept the foregoing Conservation Restriction. TOWN OF BREWSTER CONSERVATION COMMISSION: Gary Kaser Case, hatelain COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this 14U' day of November, 2023, before me, the undersigned notary public, personally„ u0 Cis-€,/ C tflc '/ /ac�, ,�,�c aA5 lC�w�I�ftj' l�, �tl'�c P� IP°Crscr} , and proved to me through satisfactory evidence of identification which was 4 to be the persons whose names are signed on the proceeding or attached document, and ac <nowledged to me that they signed it voluntarily for its stated purpose. Notry Public My Commission Expires: TLS.,?. 20 Z:7 16 CR#l7004. HVCKLEBERY HILL NW CONSERVATION RESTRICTION BREWSTER, MA ACCEPTANCE AND APPROVAL OF SELECT BOARD We, the undersigned, being a majority of the Select Board of the Town of Brewster, hereby certify that at a public meeting duly held on ________ , 2023, the Select Board voted to approve and accept the foregoing Conservation Restriction from the Trustees of the Brewster Conservation Trust to the Town of Brewster, acting by and through its Conservation Commission and its Select Board, in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws, and do hereby transfer care, custody, and control of the foregoing Conservation Restriction to the Conservation Commission of the Town of Brewster. TOWN OF BREWSTER SELECT BOARD: David Whitney Cynthia Bingham Edward (Ned) Chatelain Mary Chaffee Kari Hoffmann COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this ___ day of ___________ , 2023, before me, the undersigned notary public, personally appeared _______________________ _ and proved to me through satisfactory evidence of identification which was _____________ to be the persons whose names are signed on the proceeding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 17 CR#17004. HUCKLEBERY HILL NW CONSERVATION RESTRICTION BREWSTER, MA APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction from the Trustees of the Brewster Conservation Trust to the Town of Brewster, acting by and through its Conservation Commission and its Select Board, has been approved in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws. Dated: , 2023 Rebecca L. Tepper Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss: On this day of , 2023, before me, the undersigned notary public, personally appeared Rebecca L. Tepper, and proved to me through satisfactory evidence of identification which was to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 18 CR#17004. HUCKLEBERYHILL NW CONSERVATION RESTRICTION BREWSTER, MA EXHIBIT A Description of the Premises The Premises subject to this Conservation Restriction consists of all of a total of 4.925 acres of vacant land located in the Town of Brewster, Barnstable County, Commonwealth of Massachusetts, 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 in Plan Book 219 Page 79. For Grantor's title, see deed from The Compact of Cape Cod Conservation Trusts, Inc. recorded with the Barnstable County Registry of Deeds in Deed Book 35528, Page 130. Town of Brewster Assessors Map ID: Map 137-1-0. Street Address: 0 Holly Avenue (Rear), Brewster MA 02631 (AKA 0 Angler's Cartway) 19 CR#I7004. HUCKLEBERY HILL NW CONSERVATION RESTRICTION BREWSTER, MA EXHIBIT B Reduced Plan of Premises 4 9" cr I a1 g6 e�,l Vg ka` •r,Me�R.r,cwen� roa kY.—%t11-�-L® ccc BREWSTER (EAST), MASS, PLAN OF LAN© IN AS CLAMED Sr RICHARD 0. STAFF SCALE 1 = 5611. OGTD6£R /967 SGNOFIFl D BROTHERS WU 1 iC RKM.S111 f (1 a:ti-9 REGISTEREQ ,II APR23190' C/VL EAWYNETRS I LAND 5ORVEI'O Rie(n14,+.___ ORLEANS 1 FR AWGNA.4, MASS. r--to—,-)'30-04? 119 rota.19 v a.•.4r. irldeot AV' w PI* 20 CR#I7004. HUCKLEBERY HILL NW CONSERVATION RESTRICTION BREWSTER, MA EXHIBIT C Attested Copy of Special Town Meeting Vote: Town of Brewster 2198 Midi: SLrcui BREWSTER, MASSAC`] IUSET S 02631 (504) 896.4500 — Fax (5(18) 89641089 cw i llialhs@brcrvsler•ma.gnv To Whom It May Concern: 0EE'I('1: nr. COLETTE WILLIAMS MMCC'MM(: TOWNC'LEIl} JL15T(Cn OF ME PEACE This letter is to certify that at the Special Town Meeting, held Monday, November 14th, 2022, with a quorum being present, the following article was adopted: i a:Q3pm CONSERVATION RESTRICTION ACQUISITION: 0 HOLLY AVE (REAR). ARTICLE NO. 4; To see if the Town will vote to authorize the Select Board to acquire a perpetual conservation restriction under MGL Ch. 184, Sees. 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 MGL Ch. 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 MG.. Ch. 40 See. 8C and Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, and in compliance with MGL Ch. 44B, Sec. 12(a), protecting the property for the purposes for which h is acquired; to transfer from available funds, including, without limitation, the Community Preservation Fund, the sum of Two Hundred Sian' -four Thousand and 00/100 Dollars (S264,000.00) to pay costs of this acquisition, and all other costs incidental and related thereto; further, to authorize the Select Board 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, MGL Ch, 132A Sec. 11 (now, so -culled LAND grunts), 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 Select Board 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. (Community Preservation Committee) (Majority Vote Required) )Mpt>;9n1, Jtnaclp b3C.,..Sc ect.._$ rArLIyiiexnber Mary:Chaffee: 1: move to approve Article Number 4 as printed in the warrant and as funding therefor transfer the sum of 21 CR417004. HUCKLEBERY HILL NW CONSERVATION RESTRICTION BREWSTER, MA Two Hundred Sixty-four Thousand and 00/100 dollars ($264,000) from Community Preservation Act Open Space Reserve funds. ACTION: Adopted. Voter Cards. Sincerely, Colette M. Williams MMC/CMMC Town Cleric Brewster, MA Stony Brook Road, Brewster (ex-Lambertus) GRANTOR: The Compact of Cape Cod Conservation Trusts, Inc. GRANTEE: Orenda Wildlife Land Trust. Inc. ADDRESS OF PREMISES: 0 Satucket Road, Brewster, MA 02631 FOR GRANTOR'S TITLE SEE: Barnstable Registry District of the Land Court, Document # 1482660 noted on Certificate of Title #233187. FOR PLAN OF RECORD SEE: Barnstable Registry District of the Land Court, Land Court Plan 38997-A GRANT OF CONSERVATION RESTRICTION L STATEMENT OF GRANT THE COMPACT OF CAPE COD CONSERVATION TRUSTS, INC., a Massachusetts charitable corporation with an office at 36 Red Top Road, Brewster, Massachusetts 02631 and a mailing address at P.O. Box 443, Barnstable, Massachusetts 02630, being the sole owner of the Premises as defined herein, for its successors and assigns ("Grantor"), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws, grants, with QUITCLAIM COVENANTS, to ORENDA WILDLIFE LAND TRUST, INC., a Massachusetts charitable corporation with an office address at 4011 Main Street, Cummaquid MA 02637 and a mailing address of P.O. Box 669, West Barnstable, MA 02668, its permitted successors and assigns ("Grantee"), for nominal consideration, 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 the entirety of an approximately 11.2 -acre parcel ("Premises"), which Premises is more particularly described in Exhibit A and shown in the attached sketch plan in Exhibit B, both of which are incorporated herein and attached hereto. II. 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 purposes of this Conservation 1 Stony Brook Road, Brewster (ex-Larnbertus) Restriction ("Purposes") are to ensure that the Premises will be maintained in perpetuity for conservation purposes, in a natural, scenic or open condition, and to prevent any use or change that would materially impair the Conservation Values (as defined below). Conservation Land Tax Credit: "CLTC" Program. The fee interest in the Premises was acquired utilizing, in part, the Conservation Land Tax Credit Program (CLTC #0506) pursuant to Section 6(p) of Chapter 62 and Section 38AA of Chapter 63 of the Massachusetts General Laws. The Conservation Values protected by this Conservation Restriction include the following: • Open Space Protection. The Premises contributes to the protection of the scenic and natural character of the Mill Pond area in Brewster and the protection of the Premises will enhance the open -space value of these and nearby lands. The Premises abuts land already conserved, including the 13+ -acre Upper Mill Pond Woodlands owned by the Brewster Conservation Trust. • Wildlife Habitat. The Premises falls 100% within areas designated by the MA Division of Fisheries and Wildlife acting by and through its Natural Heritage and Endangered Species Program (NHESP) as "Priority Habitats of Rare and Endangered Species" and "Estimated Habitat of Rare Wildlife", the protection of which aligns with NHESP 's wildlife and habitat protection objectives. • Biodiversity. The Premises falls 100% within areas designated as Rare Species Core Habitat and Aquatic Core Habitat and well as Critical Natural Landscape, Landscape Blocks and Aquatic Core Buffer, as defined by the Massachusetts Natural Heritage and Endangered Species Program. BioMap, published in 2010 and updated in 2022, was designed to guide strategic biodiversity conservation in Massachusetts over the next decade by focusing land protection and stewardship on the areas that are most critical for ensuring the long-term persistence of rare and other native species and their habitats, exemplary natural communities, and a diversity of ecosystems. BioMap is also designed to include the habitats and species of conservation concern identified in the State Wildlife Action Plan. • Climate Change Resiliency. The Premises is identified as an area of Average Terrestrial Resilience according to The Nature Conservancy's (TNC) Resilient Land Mapping tool, including slightly above average Landscape Diversity and average Local Connectedness. TNC's Resilient Land Mapping Tool was developed in order to map `climate -resilient' sites that are 'more likely to sustain native plants, animals, and natural processes into the future.' The protection of these climate resilient sites is an important step in both reducing human and ecosystem vulnerability to climate change and adapting to changing conditions. • Water Quality. Protection of the Premises will assist in maintaining the water quality of the Upper Mill Pond, a Great Pond, on which the Premises has 300 feet of shoreline. • Water Supply. The Premises is located entirely within Zone II Wellhead Protection Areas as identified by the MA Department of Environmental Protection, the protection of which 2 Stony Brook Road, Brewster (ex-Larnbertus) is critical to maintaining the public drinking water supply. The Premises falls within a Cape Cod Commission -designated Water Protection District of Critical Planning Concern (DCPC), and the Brewster Water Protection DCPC, established in 2008, to protect the Zone II to Dennis Water District wellfields. • Public Access. The Premises will be available to the public for passive outdoor recreation, education, and nature study. • Consistency with Clearly Delineated Barnstable County Conservation Policy. Protection of the Premises will assist in achieving Barnstable County conservation goals. In July 1991, the Barnstable County Assembly of Delegates, pursuant to the Cape Cod Commission Act (Chapter 716 of the Acts of 1989), adopted a Regional Policy Plan ("RPP"), amended in 1996, 2002, 2009, 2012, 2018, and 2021 which provided, inter alia (references are to the 2018 RPP amended March 2021): • "To maintain a sustainable supply of high quality untreated drinking water and protect, preserve, or restore the ecological integrity of Cape Cod's fresh and marine surface water resources" (Water Resources Goal, p. 61); • "Protect and preserve groundwater quality." • "Protect, preserve and restore fresh water resources." • "To protect, preserve, or restore wildlife and plant habitat to maintain the region's natural diversity" (Wildlife and Plant Habitat Goal, p. 61); • "Maintain existing plant and wildlife populations and species diversity." • "To conserve, preserve, or enhance a network of open space that contributes to the region's natural and community resources and systems" (Open Space Goal, p. 61); • "Protect and preserve natural, cultural, and recreational resources;" • "Maintain or increase the connectivity of open space;" • "Protect or provide open space appropriate to context." • "As part of the regional aquifer system, ponds are directly linked to drinking water and coastal estuaries. Freshwater ponds are particularly sensitive to additions of phosphorous, which is associated with development and land uses close to a pond (such as wastewater, fertilizer, and stormwater sources)... Buffering pond shorelines from development is an effective strategy for protecting freshwater ponds and lakes by taking advantage of the soil's ability to adsorb and store phosphorus, thereby storing and delaying this nutrient from entering the pond." (Freshwater Ponds and Lakes, p. 29). • "To protect, preserve, or restore the quality and natural values and functions of inland and coastal wetlands and their buffers."(Wetland Resources Goals, p.61), and • "Protect wetlands and their buffers from vegetation and grade changes" • "Protect wetlands from changes in hydrology." • "Protect wetlands from stonnwater discharges." Granting this Conservation Restriction will advance each of these goals. The Wildlife and Plant Habitat Goal will be advanced because the Premises falls entirely within an NHESP Priority Habitat of Rare Species as well as an Estimated Habitat of Rare Wildlife. 3 Stony Brook Road, Brewster (ex-Lambertus) Additionally, the Premises falls entirely within an NHESP BioMap Critical Natural Landscape. This Conservation Restriction will ensure that these important habitats remain undisturbed in perpetuity. The Open Space Goal will be served in preventing development on the Premises. And finally, the Water Resources Goal will be served through conserving the Premises which is 100% within two Zone II Wellhead Areas of Contribution to a Public Water Supply and provides a buffer to a freshwater pond. • Consistency with Clearly Delineated Town of Brewster Conservation Policy. Protection of the Premises will further the Town of Brewster's documented goals regarding conservation of land. The Town of Brewster updated its Open Space and Recreation Plan in 2021, identifying policies and actions to guide conservation efforts; including: • "Protect the Town's drinking water supply to meet the needs of residents and visitors today and in the future." (Goal 1, p.124), further: • "Acquire open space for the purpose of protecting existing and future wellhead sites." • "Provide open space and recreation opportunities that maintain Brewster's rural character and small coastal community identity and support a sustainable local economy as a center for ecotourism" (Goal 1, p. 124), further: • "Acquire and preserve lands with significant scenic, historical, cultural and/or archeological value.", • "Acquire and protect upland wooded, open field, coastal, and wetland parcels that preserve and enhance community character.", • "Preserve and enhance habitat diversity and protect marine and fresh water resources to maintain their important ecological function and values to the community." (Goal 3, p.124), further: • "Protect marine and freshwater resources from pollution and degradation", • "Protect open space for the purpose of preserving Brewster's unique and fragile ecological habitats and augment the Town's network of wildlife corridors." Protecting the Premises from development supports the Town's goals for maintaining water quality, open space, preserving the rural and scenic character of the area, and protecting habitat diversity and fresh surface waters. Additionally, the Town of Brewster has adopted a Conservation Restriction Program ("CRP"), consisting of policies and guidelines approved by the Board of Selectmen, Assessors and Conservation Commission in 1989, to encourage the use of conservation restrictions as a means of "preserving open space, forest lands, and natural habitat of fish, wildlife or plants and providing scenic enjoyment, outdoor recreation and education of the public" in perpetuity. The Program further specified that purposes of a conservation restriction could include the following: • prevent the cutting of trees; • preserve important natural habitats; and, • limit or prevent construction on land of natural resource value. 4 Stony Brook Road, Brewster (ex-Lambertus) Granting this Conservation Restriction, for the reasons outlined above, aligns with the goals of the Town of Brewster's Conservation Restriction Program. • Consistency with Clearly Delineated Federal Conservation Policy. Protection of the Premises meets the definition of "conservation purposes" as defined in 26 CFR 1.170A - 14(d)(1), because its conservation would: protect the land for outdoor recreation by the general public; reserve the land for education regarding the natural world for neighboring elementary school children and the general public; protect wildlife and wetland habitats; and expand the existing Upper Mill Pond Woodlands open space area owned by the Brewster Conservation Trust. • Consistency with Clearly Delineated State Conservation Policy. Protection of the Premises is consistent with NHESP goals of protecting state -designated BioMap Critical Natural Landscape, NHESP Estimated Habitat of Rare Species, and NHESP Priority Habitats of Rare and Endangered Species, including habitat for the Eastern Box Turtle, a rare species protected under the Massachusetts Endangered Species Act and the Massachusetts Wetlands Protection Act. Protection of the Premises is consistent with the MassDEP regulations and guidance for the protection of Areas of Contribution to Public Water Supplies. III. PROHIBITED and PERMITTED ACTS AND USES A. Prohibited Acts and Uses The Grantor will not perform or allow others to perform the following acts and uses which are prohibited on, above, and below the Premises: 1. Structures and Improvements. Constructing, placing, or allowing to remain any temporaryor permanent structure including without limitation any building, tennis court, landing strip, mobile home, swimming pool, asphalt or concrete pavement, graveled area, roads, sign, fence, gate, billboard or other advertising, antenna, utilities or other structures, utility pole, tower, solar panel, solar array, conduit, line, septic or wastewater disposal system, or storage tank; 2. Extractive Activities/Uses. Mining, excavating, dredging, withdrawing, or removing soil, loam, peat, gravel, sand, rock, surface water, ground water, or other mineral substance or natural deposit, or otherwise altering the topography of the Premises; 3. Disposal/Storage. Placing, filling, storing or dumping of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, tree and other vegetation cuttings, liquid or solid waste or other substance or material whatsoever; 4. Adverse Impacts to Vegetation. Cutting, removing, or destroying trees, shrubs, grasses or other vegetation; 5 Stony Brook Road, Brewster (ex-Lambertu.$) 5. Adverse Impacts to Water, Soil, and Other Features. Activities detrimental to drainage, flood control, water conservation, water quality, erosion control, soil conservation, natural habitat, archaeological conservation, or ecosystem function; 6. Introduction of Invasive Species. Planting or introducing any species identified as invasive by the Massachusetts Invasive Plant Advisory Group or identified as invasive in such recognized inventories as the Massachusetts Introduced Pests Outreach Project, the Northeast Aquatic Nuisance Species Panel, or other such inventories, and any successor list as mutually agreed to by Grantor and Grantee; 7. Motor Vehicles. Using, parking, or storing motorized vehicles, including motorcycles, mopeds, all -terrain vehicles, off -highway vehicles, motorboats or other motorized watercraft, snowmobiles, launching or landing aircraft, or any other motorized vehicles, acknowledging that vehicles necessary for use by persons with limited mobility, or for public safety (i.e., fire, police, ambulance, other government officials) may have a legal right to enter the Premises; 8. Subdivision. Subdividing or conveying a part or portion of the Premises (as compared to conveyance of the Premises in its entirety which shall be permitted), it being the Grantor's and Grantee's intention to maintain the entire Premises under unified ownership; 9. Use of Premises for Developing Other Land. Using the Premises towards building or development requirements on this or any other parcel; 10. Adverse Impacts to Stone Walls, Boundary Markers. Disrupting, removing, or destroying stone walls, granite fence posts, or any other boundary markers; 11. Residential or Industrial Uses. Using the Premises for residential or industrial purposes; 12. Inconsistent Uses. Using the Premises for commercial purposes that are inconsistent with the Purposes or that would materially impair the Conservation Values, or for any other uses or activities that are inconsistent with the Purposes or that would materially impair the Conservation Values. B. Permitted Acts and Uses Notwithstanding the Prohibited Acts and Uses described in Paragraph III.A., the Grantor may conduct or permit the following acts and uses on the Premises, provided they do not materially impair the Purposes and/or Conservation Values. In conducting any Permitted Act and Use, Grantor shall minimize impacts to the Conservation Values to ensure any such impairment thereto is not material. 1. Vegetation Management. Maintaining vegetation, including pruning, trimming, cutting, and mowing, and removing brush, all to prevent, control, and manage hazards, 6 Stony Brook Road, Brewster (ex-Lambertus) disease, insect or fire damage, and/or in order to maintain the condition of the Premises as documented in the Baseline Report (see Paragraph XV.); 2. Non-native, Nuisance, or Invasive species. Removing non-native, nuisance, or invasive species, interplanting native species, and controlling species in a manner that minimizes damage to surrounding, non -target species and preserves water quality; 3. Composting. Stockpiling and composting stumps, trees, brush, limbs, and similar biodegradable materials originating on the Premises, provided that no stockpiling or composting take place within 100 feet the top of bank of Upper Mill Pond; 4. Natural Habitat and Ecosystem Improvement. With prior written approval of the Grantee, conducting measures designed to restore native biotic communities, or to maintain, enhance or restore wildlife, wildlife habitat, ecosystem function, or rare or endangered species including planting native trees, shrubs, and other vegetation; 5. Archaeological Investigations. Conducting archaeological activities, including archaeological research, surveys, excavation and artifact retrieval, but only in accordance with an archaeological field investigation plan, which plan shall also address restoration following completion of the archaeological investigation, prepared by or on behalf of the Grantor and approved in advance of such activity, in writing, by the Massachusetts Historical Commission State Archaeologist (or appropriate successor official) and by the Grantee. A copy of the results of any such investigation on the Premises is to be provided to the Grantee; 6. Trails. Maintaining and constructing trails as follows: a. Trail Maintenance. Conducting routine maintenance of trails, which may include widening trail corridors up to six (6) feet in width overall, with a treadway up to four (4) feet in width. b. New Trails. With prior written approval of the Grantee, constructing new trails or relocating existing trails, provided that any construction or relocation results in trails that conform with the width limitations above. c. Trail Features. With prior written approval of the Grantee, constructing bog bridging, boardwalks, footbridges, railings, steps, culverts, benching, cribbing, contouring, or other such features, together with the use of motorized equipment to construct such features; 7. Signs. Constructing, installing, maintaining, and replacing signs and informational kiosks with respect to the Permitted Acts and Uses, the Purposes, the Conservation Values, trespass, public access, identity and address of the Grantor, sale of the Premises, the Grantee's interest in the Premises, boundary and trail markings, any gift, grant, or other applicable source of support for the conservation of the Premises; 8. Motorized Vehicles. Use of mobility assistance devices by persons with mobility impairments and the use of motorized vehicles as otherwise permitted herein; and, 7 Stony Brook Road, Brewster (ex-Lambertus) 9. Outdoor Passive Recreational and Educational Activities. Fishing, canoeing and other non -motorized boating, swimming, hiking, cross-country skiing, snowshoeing, nature observation, nature and educational walks and outings, outdoor educational activities, and other non -motorized outdoor recreational and educational activities. C. Site Restoration Upon completion of any Permitted Acts and Uses, any disturbed areas shall be restored substantially to the conditions that existed prior to said activities, including with respect to soil material, grade, and vegetated ground cover. D. Compliance with Permits, Regulations, Laws The exercise of any Permitted Acts and Uses under Paragraph III.B. shall be in compliance with all applicable federal, state and local laws, rules, regulations, zoning, and permits, and with the Constitution of the Commonwealth of Massachusetts. The inclusion of any Permitted Act or Use requiring a permit, license or other approval from a public agency does not imply that the Grantee or the Commonwealth takes any position whether such permit, license, or other approval should be issued. E. Notice and Approval 1. Notifying Grantee. Whenever notice to or approval by Grantee is required, Grantor shall notify or request approval from Grantee, by a method requiring proof of receipt, in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question, unless a different time period is specified herein. The notice shall: a. Describe the nature, scope, design, location, timetable and any other material aspect of the proposed activity; b. Describe how the proposed activity complies with the terms and conditions of this Conservation Restriction, and will not materially impair the Purposes and/or Conservation Values; c. Identify all permits, licenses, or approvals required for the proposed activity, and the status of any such pennits, licenses, or approvals. d. Describe any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to its consistency with the Purposes and Conservation Values. 2. Grantee Review. Where Grantee's approval is required, Grantee shall grant or withhold approval in writing within sixty (60) days of receipt of Grantor's request. Grantee's approval shall only be granted upon a showing that the proposed activity will minimize impacts to the Conservation Values and will not materially impair the Purposes and/or Conservation Values. Grantee may require Grantor to secure expert review and evaluation of a proposed activity by a mutually agreed upon party. 8 Stony Brook Road, Brewster (ex-Lanibertus) 3. ResubmittaI. Grantee's failure to respond within sixty (60) days of receipt shall not constitute approval of the request. Grantor may subsequently submit the same or a similar request for approval. IV. INSPECTION AND ENFORCEMENT A. Entry onto the Premises The Grantor hereby grants to the Grantee, and its duly authorized agents or representatives, the right to enter the Premises upon reasonable notice and at reasonable times, for the purpose of inspecting the Premises to determine compliance with or to enforce this Conservation Restriction. B. Legal and Injunctive Relief 1. Enforcement. The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain compensatory relief, including without limitation, compensation for interim losses (i.e., ecological and public use service losses that occur from the date of the violation until the date of restoration) and equitable relief against any violations, including, without limitation, injunctive relief and relief requiring restoration of the Premises to its condition prior to the time of the injury (it being agreed that the Grantee will have no adequate remedy at law in case of an injunction). The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for the enforcement of this Conservation Restriction. 2. Notice and Cure. In the event the Grantee determines that a violation of this Conservation Restriction has occurred and intends to exercise any of the rights described herein, the Grantee shall, before exercising any such rights, notify the Grantor in writing of the violation. The Grantor shall have thirty (30) days from receipt of the written notice to halt the violation and remedy any damage caused by it, after which time Grantee may take further action, including instituting legal proceedings and entering the Premises to take reasonable measures to remedy, abate or correct such violation, without further notice. Provided, however, that this requirement of deferment of action for thirty (30) days applies only if Grantor immediately ceases the violation and Grantee determines that there is no ongoing violation. In instances where a violation may also constitute a violation of local, state, or federal law, the Grantee may notify the proper authorities of such violation. 3. Reimbursement of Costs and Expenses of Enforcement. Grantor covenants and agrees to reimburse to Grantee all reasonable costs and expenses (including counsel fees) incurred by the Grantee in enforcing this Conservation Restriction or in taking reasonable measures to remedy, abate or correct any violation thereof. In the event of a dispute over the boundaries of the Conservation Restriction, Grantor shall pay for a 9 Stony Brook Road, Brewster (ex-Lambertus) survey by a Massachusetts licensed professional land surveyor and to have the boundaries permanently marked. C. Non -Waiver Enforcement of the terms of this Conservation Restriction shall be at the sole discretion of Grantee. Any election by the Grantee as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. D. Disclaimer of Liability By acceptance of this Conservation Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantee or its agents. E. Acts Beyond the Grantor's Control Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any actions against the Grantor for any injury to or change in the Premises resulting from natural causes beyond the Grantor's control, including but not limited to fire, flood, weather, climate -related impacts, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes. In the event of any such occurrence, the Grantor and Grantee will cooperate in the restoration of the Premises, if desirable and feasible. V. PUBLIC ACCESS Subject to the provisions of this Conservation Restriction, the Grantor hereby grants access to the Premises to the general public and agrees to take no action to prohibit or discourage access to and use of the Premises by the general public, but only for daytime use and only as described in Paragraph III.B.9 provided that such agreement by Grantor is subject to the Grantor's reserved right to establish reasonable rules, regulations, and restrictions on such permitted recreational use by the general public for the protection of the Purposes and Conservation Values. Grantor has the right to control, limit, or prohibit by posting and other reasonable means activities or uses of the Premises not authorized in Paragraph III.B.9. The Grantee may require the Grantor to post the Premises against any use by the public that results in material impairment of the Conservation Values. This grant of public access to the Premises is solely for the purposes described in Section 17C of Chapter 21 of the Massachusetts General Laws and the Grantor and Grantee hereto express their intent to benefit from exculpation from liability to the extent provided in such section. 10 Stony Brook Road, Brewster (ex-Lamtertus) VI. TERMINATION/RELEASE/EXTINGUISHMENT A. Procedure If circumstances arise in the future that render the Purposes impossible to accomplish, this Conservation Restriction can only be terminated, released, or extinguished, whether in whole or in part, by a court of competent jurisdiction under applicable law after review and approval by the Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts, or successor official ("Secretary"), and any other approvals as may be required by Section 32 of Chapter 184 of the Massachusetts General Laws. B. Grantor's and Grantee's Right to Recover Proceeds If any change in conditions ever gives rise to termination, release, or extinguishment of this Conservation Restriction under applicable law, then Grantee, on a subsequent sale, exchange, or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds in accordance with Paragraph VI.C., subject, however, to any applicable law which expressly provides for a different disposition of the proceeds, and after complying with the terms of any gift, grant, or funding requirements. The Grantee shall use its share of any proceeds in a manner consistent with the Purposes or the protection of the Conservation Values. C. Grantee's Receipt of Property Right Grantor and Grantee agree that the conveyance of this Conservation Restriction gives rise to a real property right, immediately vested in the Grantee, for the purpose of enforcing this Conservation Restriction, but does not entitle Grantee, upon extinguishment, release, or termination, to any proceeds received by the Grantor from the subsequent sale, exchange or involuntary conversion of the Premises. Any proceeds that result from any such extinguishment, release, or termination will be distributed only after complying with the terms of any gift, grant, or other funding requirements. D. Cooperation Regarding Public Action Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority, then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in accordance with Paragraph VI.B. and Paragraph VI.C. If a less than fee interest is taken, the proceeds shall be equitably allocated according to the nature of the interest taken. The Grantee shall use its share of any proceeds in a manner consistent with the Purposes or the protection of the Conservation Values. 11 Stony Brook Road Brewster (ex-Lanibertus) VII. DURATION and ASSIGNABILITY A. Running of the Burden The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor holding any interest in the Premises. B. Execution of Instruments The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction. The Grantor, on behalf of itself and its successors and assigns, appoints the Grantee its attorney -in -fact to execute, acknowledge and deliver any such instruments on its behalf Without limiting the foregoing, the Grantor and its successors and assigns agree themselves to execute any such instruments upon request. C. Running of the Benefit The benefits of this Conservation Restriction shall run to the Grantee, shall be in gross and shall not be assignable by the Grantee, except when all of the following conditions are met: 1. the Grantee requires that the Purposes continue to be carried out; 2. the assignee is not an owner of the fee in the Premises; 3. the assignee, at the time of the assignment, qualifies under and 26 U.S.C. 170(h), and applicable regulations thereunder, if applicable, and is eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts General Laws; and 4. the assignment complies with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. VIII. SUBSEQUENT TRANSFERS A. Procedure for Transfer The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Premises, including a leasehold interest and to notify the Grantee not less than twenty (20) days prior to the effective date of such transfer. Any transfers shall receive prior approval by Grantee to assure that the Premises is transferred to a qualified conservation organization. Failure to do any of the above shall not impair the validity or enforceability of this Conservation Restriction. If the Grantor fails to reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Premises, then the Grantee may record, in the Barnstable Registry District of the Land Court, and at the Grantor's expense, a notice of this Conservation Restriction. Any transfer will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. 12 Stony Brook Road, Brewster (ex-Lambertus) B. Grantor's Liability The Grantor shall not be liable for violations occurring after their ownership. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and may be held responsible for any continuing violations. IX. ESTOPPEL CERTIFICATES Upon request by the Grantor, the Grantee shall, within thirty (30) days execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor's compliance or non-compliance with any obligation of the Grantor contained in this Conservation Restriction. X. NON MERGER The parties intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantee agrees that it will not take title, to any part of the Premises without having first assigned this Conservation Restriction following the terms set forth in Paragraph VII.0 to ensure that merger does not occur and that this Conservation Restriction continues to be enforceable by a non -fee owner. XI. AMENDMENT A. Limitations on Amendment Grantor and Grantee may amend this Conservation Restriction only to correct an error or oversight, clarify an ambiguity, maintain or enhance the overall protection of the Conservation Values, or add real property to the Premises, provided that no amendment shall: 1. affect this Conservation Restriction's perpetual duration; 2. be inconsistent with or materially impair the Purposes; 3. affect the qualification of this Conservation Restriction as a "qualified conservation contribution" or "interest in land" under any applicable laws, including 26 U.S.C. Section 170(h), and related regulations; 4. affect the status of Grantee as a "qualified organization" or "eligible donee" under any applicable laws, including 26 U.S.C. Section 170(h) and related regulations, and Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws; or 5. create an impermissible private benefit or private inurement in violation of federal tax law, as determined by an appraisal, conducted by an appraiser selected by the Grantee, of the economic impact of the proposed amendment; or 6. alter or remove the provisions described in Paragraph VI (Termination) Release/Extinguishment); or 7. cause the provisions of this Paragraph XI to be less restrictive; or 13 Stony Brook Road, Brewster (ex-Lambertus) 8. cause the provisions described in Paragraph V1I.0 (Running of the Benefit) to be less restrictive. B. Amendment Approvals and Recording No amendment shall be effective unless documented in a notarized writing executed by Grantee and Grantor, approved by the Town of Brewster and by the Secretary in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws, and recorded in the Barnstable Registry District of the Land Court. XII. EFFECTIVE DATE This Conservation Restriction shall be effective when the Grantor and the Grantee have executed it, the administrative approvals required by Section 32 of Chapter 184 of the Massachusetts General Laws have been obtained, and it has been recorded in the Barnstable Registry District of the Land Court. XIII. NOTICES Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage pre -paid, addressed as follows: To Grantor: To Grantee: The Compact of Cape Cod Conservation Trusts, Inc. P.O. Box 443 Barnstable, MA 02630 Orenda Wildlife Land Trust, Inc. P.O. Box 669 West Barnstable, MA 02668 or to such other address as any of the above parties shall designate from time to time by written notice to the other or, if notice is returned to sender, to an address that is reasonably ascertainable by the parties. XIV. GENERAL PROVISIONS A. Controlling Law The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. B. Liberal Construction Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in order to effect the Purposes and the policy and purposes of Sections 14 Stony Brook Road, Brewster (ex-Larnbertus) 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the Purposes that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Conservation Restriction shall not be affected thereby. D. Entire Agreement This instrument sets forth the entire agreement of the Grantor and Grantee with respect to this Conservation Restriction and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Restriction, all of which are merged herein. XV. BASELINE DOCUMENTATION REPORT The Conservation Values, as well as the natural features, current uses of, and existing improvements on the Premises, such as, but not limited to, trails, woods roads, structures, meadows or other cleared areas, agricultural areas, and scenic views, as applicable, are described in a Baseline Documentation Report ("Baseline Report") titled "Baseline Report for Upper Mill Pond Woodlands Conservation Restriction", dated September 1, 2023 prepared by Grantor with the cooperation of the Grantee, consisting of maps, photographs, and other documents and on file with the Grantee and included by reference herein. The Baseline Report (i) is acknowledged by Grantor and Grantee to be a complete and accurate representation of the condition and values of the Premises as of the date of this Conservation Restriction, (ii) is intended to fully comply with applicable Treasury Regulations, (iii) is intended to serve as an objective information baseline for subsequent monitoring of compliance with the terms of this Conservation Restriction as described herein, and (iv) may be supplemented as conditions on the Premise change as allowed over time. Notwithstanding the foregoing, the parties may utilize any evidence of the condition of the Premises at the time of this grant in addition to the Baseline Report. XVI. MISCELLANEOUS A. Pre-existing Public Rights Approval of this Conservation Restriction pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws by any municipal officials and by the Secretary, is not to be construed as representing the existence or non-existence of any pre-existing rights of the public, if any, in and to the Premises, and any such pre-existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. 15 Stony Brook Road, Brewster (ex-Lambertus) B. Subordination The Grantor shall record at the Barnstable Registry District of the Land Court simultaneously with this Conservation Restriction all documents necessary to subordinate any mortgage, promissory note, loan, lien, equity credit line, refinance assignment of mortgage, lease, financing statement or any other agreement which gives rise to a surety interest affecting the Premises. C. Executory Limitation If Grantee shall cease to exist or to be qualified to hold conservation restrictions pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws, or to be qualified organization under 26 U.S.C. 17©(h), and applicable regulations thereunder, if applicable, and a prior assignment is not made pursuant to Paragraph VII, then Grantee's rights and obligations under this Conservation Restriction shall vest in such organization as a court of competent jurisdiction shall direct pursuant to the applicable Massachusetts law and with due regard to the requirements for an assignment pursuant to Paragraph VII. D. Prior Encumbrances This Conservation Restriction shall be in addition to and not in substitution of any other restrictions or easements of record affecting the Premises. E. The following signature pages are included in this Grant: Signature pages: Grantor — The Compact of Cape Cod Conservation Trusts, Inc. Grantee Acceptance — Orenda Wildlife Land Trust, Inc. Approval of the Town of Brewster Select Board Approval of the Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts Exhibits: Exhibit A: Legal Description of Premises Exhibit B: Reduced Copy of Recorded Plan of Premises 16 Ex-LAMBERTUS CONSERVATION RESTRICTION (Upper Mill Pond Woodlands) BREWSTER, MA WITNESS our hands and seals this f day of A , 2023, Leonard W. Johnson, duly authorized President, The Compact of Cape Cod Conservation Trusts, Inc. Henry Lin duly authorized Treasurer, The Compact of Cape Cod Conservation Trusts, Inc. COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this 13 day of , 2023, before me, the undersigned notary public, personally appeared Leonard W. Johnson, President, The Compact of Cape Cod Conservation Trusts, Inc., and Henry Lind, Treasurer, The Compact of Cape Cod Conservation Trusts, Inc., the corporation named in the foregoing instrument, and proved to me through satisfactory evidence of identification which was personal knowledge of identity to be the persons whose named,j.g signed on the proceeding or attached document, and acknowledged to me that }w..*" signed it voluntarily for its stated purpose. Mar H. Robinson, Notary Public My ommission Expires: 8 July 2027 17 Stony Brook Road, Brewster (ex-Larnbertus) ACCEPTANCE OF GRANT The foregoing Conservation Restriction from The Compact of Cape Cod Conservation Trusts, Inc., was accepted by Orenda Wildlife Land Trust, Inc., this IV' day of 11i fell , 2023. Barnstable, ss: On this l 7 day of By: 14 Daniel Morast ikk-g Dr%-vl Its: President, duly authorized COMMONWEALTH OF MASSACHUSETTS i 3 . 20, , 2023, before me, the undersigned notary public, personally appeared Daniel Morast, President of Orenda Wildlife Land Trust, Inc., and proved to me through satisfactory evidence of identification which was personal knowledge to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. M`k H. Robinson, Notary Public My Commission Expires: 8 July 2027 18 Stony Brook Road, Brewster (ex-Lambertus) CERTIFICATE OF VOTE I, Meghan Douglas Hill, duly elected Clerk of the Orenda Wildlife Land Trust, Inc., hereby certify that at a meeting of the Board of Directors duly called on the 13'1A day of ,.,, ,,,, (men 2023, at which meeting, acting throughout upon motion duly made and seconded, a quorum being present, it was unanimously VOTED: that Daniel Morast, President of Orenda Wildlife Land Trust, Inc., be and hereby is authorized in the name of Orenda Wildlife Land Trust, Inc., to accept a conservation restriction from The Compact of Cape Cod Conservation Trusts, Inc. on its property at 0 Satucket Rd, Brewster, MA 02631, his execution thereof shall be sufficient evidence of the Board of Directors' approval. I further certify that Daniel Morast is the duly elected President of Orenda Wildlife Land Trust, Inc., and that I am the duly elected Clerk and that said vote is still in full force and effect. A true copy. Attest: Date: /1-13 , 2023 Meghan Douglas Hill, Clerk Orenda Wildlife Land Trust, Inc. 19 Stony Brook Road, Brewster (ex -Lanz Bert us) APPROVAL OF TOWN OF BREWSTER SELECT BOARD We, the undersigned, being a majority of the Select Board of the Town of Brewster, hereby certify that at a public meeting duly held on , 2023, the Select Board voted to approve the foregoing Conservation Restriction from The Compact of Cape Cod Conservation Trusts, Inc., to Orenda Wildlife Land Trust, Inc., in the public interest pursuant to Section 32 of Chapter 184 of the General Laws of Massachusetts. TOWN OF BREWSTER SELECT BOARD Cynthia Bingham David Whitney Edward Chatelain Mary Chaffee Kari Hoffmann COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of , 2023, before me, the undersigned notary public, personally appeared , and proved to me through satisfactory evidence of identification which was to be the persons whose names are signed on the proceeding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 20 Stony Brook Road, Brewster (ex-Larbertus) APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of Executive Office of Energy and Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction from The Compact of Cape Cod Conservation Trusts, Inc., to Orenda Wildlife Land Trust, Inc., has been approved in the public interest pursuant to Massachusetts General Laws, Chapter 184, Section 32. Dated: , 2023 Rebecca L. Tepper Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss: On this day of , 2023, before me, the undersigned notary public, personally appeared Rebecca L. Tepper, and proved to me through satisfactory evidence of identification which was to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 21 Stony Brook Road, Brewster (ex-Lambertus) EXHIBIT A Description of the Premises The Premises subject to this Conservation Restriction is the entirety of a parcel of land located in the Town of Brewster, Barnstable County, Commonwealth of Massachusetts, containing a total of 11.2 acres, shown as Lot 1 on Land Court Plan No. 38997-A, Sheet 2, a sketch plan based on said plan is attached hereto as Exhibit B. For Grantor's title, see deed recorded at the Barnstable Registry District of the Land Court, Document #: 1482660, noted on Certificate of Title #: 233187. Town of Brewster Assessors: Map 13, Lot 101. Street Address: 0 Satucket Road, Brewster, Massachusetts, 02631. 22 Stony Brook Road, Brewster (ex-Lanbertus) EXHIBIT B Sketch Plan of Premises For official full size plan see Barnstable Land Court Registry District, Land Court Plan No. 38997-A, sheet 2 of 2 39997A sHLTrt aPz 23 Conservation Restriction Premises CR#l 7185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA GRANTOR: Jacob F. Brown II & Earl E. Watson, Trustees, Nominee Trust u/d/t January 26,1988 GRANTEE: Brewster Conservation Trust & Harwich Conservation Trust ADDRESS OF PREMISES: 90 Squantum Path, (AKA Squanto's Path) Brewster/Harwich, MA FOR GRANTOR'S TITLE SEE: Barnstable Land Court Registry Certificate# 190487 FOR PLAN OF RECORD SEE: Land Court Plan# 18475C; Lot 3 CONSERVATION RESTRICTION JACOB F. BROWN II & EARL E. WATSON, as TRUSTEES OF NOMINEE TRUST u/d/t January 26, 1988 and filed with the Barnstable County Land Registry District as Document No. 449917 on Certificate No. 113488, with a mailing address of 100 Newbury Court Suite 313, Concord, MA 01742 owner of the Premises as defined herein, constituting all of the owners of the Premises as defined herein, for our successors and assigns ("Grantor"), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws, grant, IN PERPETUITY AND EXCLUSIVELY FOR CONSERVATION PURPOSES, and for nominal consideration, as a gift, with QUITCLAIM COVENANTS, to THOMAS M. EVANS, COLIN A. LEONARD, DONNA J. PETERSON,PATTI A. SMITH, ANDREA SILBERT, MATTHEW CUSHING, BRUCE NIGHTINGALE, JONATHON IDMAN, ANN LAMBERTUS, BONNIE L. LOEDEL, HERB RAFFAELE and NANCY POOR, as TRUSTEES of the HARWICH CONSERVATION TRUST, established under Declaration of Trust dated September 24, 1988 and recorded in the Barnstable County Registry of Deeds in Book 6456, Page 222, and in the Barnstable County Land Registry District as Document No. 615,918 on Certificate of Title# 36732, as amended, with an office address at 947 Route 28, South Harwich, MA and a mailing address of P.O. Box 101, South Harwich, MA 02661, their successors and permitted assigns ("Primary Grantee"), and, JOSEPH BIERNAT, BETH FINCH, DEBRA JOHNSON, PETER JOHNSON, MARTIN KAMARCK, DONALD KEERAN, JOHN LAMB, STEPHEN McKENNA, HAL MINIS, BONNIE NEWMAN, ROGER V. O'DAY, PETER W. SOULE, CHARLES L. SUMNER, ROSEMARY VAN ANTWERP and SEAMUS WOODS, as Trustees of the BREWSTER CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 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, and with the Barnstable County Land Registry District as Document # 325521 on Certificate of Title # 94635, as amended, with an address of 36 Red Top Road, Brewster, MA, 02631, their permitted successors and assigns ("Secondary Grantee"), the following Conservation Restriction on land located in the Towns of Brewster and Harwich, County of Barnstable, Commonwealth of Massachusetts, containing the entirety of an approximately 7.57 -acre parcel ("Premises"), which Premises is more particularly described in Exhibit A and shown in the attached sketch plans in Exhibit B and Exhibit C, all of which 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 Restriction is to assure that the Premises will be maintained in perpetuity for conservation purposes, in a natural, scenic and undeveloped condition, and to prevent any use or change that would impair or interfere with its conservation and preservation values ("conservation values"). The conservation values include the following: • Open Space Protection. The Premises contributes to the protection of the scenic and natural character of Brewster and Harwich and its protection will enhance the open -space value of the Premises as well as other protected open space parcels, including land -trust owned parcels immediately north and abuts the Town of Brewster's Punkhorn Parklands to the west (900+ acres). (See Appendix 1 in Baseline Report.) • Protection of Wildlife Habitat. The Premises contains Massachusetts Natural Heritage & Endangered Species Program ("NHESP") Priority Habitat for Rare Species and Estimated Habitat for Rare Species. The Premise falls completely within BioMap2 Critical Natural Landscape. BioMap2, published in 2010, was designed to guide strategic biodiversity conservation in Massachusetts over the next decade by focusing land protection and stewardship on the areas that are most critical for ensuring the long-term persistence of rare and other native species and their habitats, exemplary natural communities, and a diversity of ecosystems. BioMap2 is also designed to include the habitats and species of conservation concern identified in the State Wildlife Action Plan. Therefore, the protection of the Premises aligns with NHESP's wildlife and habitat protection objectives and would ensure perpetual protection for each of these state -recognized habitats. (See Appendix L in Baseline Report.) • Anadromous Fish Habitat. In 1978 the Massachusetts Coastal Zone Management Program identified Hinckley's Pond as a spawning pond, part of the anadromous fish run in Herring River, which has seen as many as 247,000 fish migrate upstream annually in the past decade, according to the Association to Preserve Cape Cod, one of the top three runs on Cape Cod. The Premises protects about 500 feet of wooded shoreline on the Pond. 2 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA • Water Quality Protection. The Premises falls within the Department of Environmental Protection's Zone II Area of Contribution, the protection of which is critical to maintaining the public drinking water supply. In addition, the Premises contributes to the watershed and recharge areas to both the Herring River and Hinckley's Pond, a Commonwealth Great Pond in Brewster and Harwich. (See Appendix K in Baseline Report.) In 2002, The Compact of Cape Cod Conservation Trusts, Inc. produced a Priority Ponds Project that identified the Premises as one of the Top 200 most important pondshore parcels to protect on Cape Cod. • Forest Protection. In 2015, the Massachusetts Division of Fisheries and Wildlife completed an update to the State Wildlife Action Plan (SWAP) presenting 570 Species of Greatest Conservation Need in the Commonwealth and 24 types of habitat to support these species. One large-scale habitat described within the SWAP is Pitch Pine -Oak Upland Forest, which provides large woody habitats for reptiles, amphibians and invertebrates, and food sources for mammals and insects (Chapter 4, p. 52). About 90 Percent of the Premises is composed of mature pitch pine/oak woodland with no invasive species. (See Appendix M in Baseline Report.) • Consistency with Clearly Delineated Barnstable County Conservation Policy. Protection of the Premises will assist in achieving Barnstable County conservation goals. In July 1991, the Barnstable County Assembly of Delegates, pursuant to the Cape Cod Commission Act (Chapter 7] 6 of the Acts of 1989), adopted a Regional Policy Plan (RPP), amended in 1996, 2002 2009, 2012, and 2018 which provided, inter alia (references are to the 2018 RPP): • "To protect, preserve, or restore wildlife and plant habitat to maintain the region's natural diversity" (Wildlife and Plant Habitat Goal, p. 55). • In reference to this Wildlife and Plant Habitat Goal, the RPP states, "For many years habitat loss due to development has been the primary threat to the region's habitats" (p. 32); • "To conserve, preserve, or enhance a network of open space that contributes to the region's natural and community resources and systems" (Open Space Goal, p. 55). • In reference to this Open Space Goal, the RPP states, "[t]he open space of the Cape is critical to the health of the region's natural systems, economy, and population. Open space provides habitat for the region's diverse species and protection of the region's drinking water supply" (p. 30); and, Granting this Conservation Restriction will advance each of these goals. The Wildlife and Plant Habitat Goal will be advanced because the Premises lies primarily within an NHESP Priority Habitat of Rare Species. Additionally, the Premises lies entirely within an NHESP BioMap2 Critical Natural Landscape. This Conservation Restriction will ensure that these important habitats remain undisturbed in perpetuity. The Open Space Goal will be served in preventing development on the Premises. Consistency with Clearly Delineated Town of Brewster Conservation Policy. Protection of the Premises will further the Town of Brewster's documented goals regarding 3 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA conservation of land. In 2020, the Town of Brewster outlined its conservation goals in its updated Open Space and Recreational Plan, identifying policies and actions to guide conservation efforts. Protecting this Premises from development supports the Town's goals for maintaining open space, preserving the rural and scenic character of the area, and protecting habitat diversity and fresh surface waters. Additionally, the Town of Brewster has adopted a Conservation Restriction Program ("CRP"), consisting of policies and guidelines approved by the Board of Selectmen, Assessors and Conservation Commission in 1989, to encourage the use of conservation restrictions as a means of "preserving open space, forest lands, and natural habitat of fish, wildlife or plants and providing scenic enjoyment, outdoor recreation and education of the public" in perpetuity. The Program further specified that purposes of a conservation restriction could include the following: o preserve important natural habitats and rare species; o to prevent the cutting of trees or forests; o to protect groundwater quality for drinking purposes; o protect a shoreline; and, o limit or prevent construction on land of natural resource value. This Conservation Restriction therefore aligns well with the Town of Brewster's Conservation Restriction Program. Consistency with Clearly Delineated Town of Harwich Conservation Policy. Protection of the Premises will further the Town of Harwich documented goals regarding conservation of land. In 2010, the Town of Harwich outlined its conservation goals in its updated Open Space and Recreational Plan, identifying policies and actions to guide conservation efforts. Protecting this Premises from development supports the Town's goals for maintaining open space, preserving the rural and scenic character of the area, and protecting habitat diversity and fresh surface waters: • Goal II, Objective I: Identify parcels for acquisition...that would contribute to the town's open space goals and objectives. Encourage acquisition of parcels that abut existing conservation and open space land. Particular emphasis should be placed on: ...Rare species habitat and other critical habitat and natural communities, including the state's BioMap and Living Waters Map; • Goal VI: Preserve and Enhance the Following Natural Resources: Groundwater and Surface Water; Coastal Water and Adjacent Shoreline Areas; Inland and Coastal Wetlands; and Wildlife and Plant Habitats; o Objective 1. Maintain the overall quality and quantity of Harwich's ground water to ensure a sustainable supply of high quality, minimally treated drinking water; o Objective 8. Preserve, protect and enhance the quality and quantity of inland and coastal wetlands in Harwich; o Objective 9. Continue to prevent the loss or degradation of critical wildlife and plant habitats, minimize the impact of new development on wildlife and plant habitats, and maintain existing populations and species diversity. 4 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA Additionally, the Town of Harwich has adopted a Conservation Restriction Program, consisting of policies and guidelines approved by the Board of Selectmen, Assessors and Conservation Commission in 1991, which specified that purposes of a conservation restriction could include the following: o to prevent disturbance of wetlands; o to protect groundwater quality for drinking purposes; o to prevent the cutting of trees or forests; o to preserve important natural habitats and rare species; o to limit or prevent construction on land of natural resource value; and, The purposes of this Conservation Restriction align well with the Town of Harwich's Conservation Restriction Program. • Consistency with Clearly Delineated Federal Conservation Policy. Protection of the Premises meets the definition of "conservation purposes" as defined in 26 CFR 1.170A - 14(d)(1), because its conservation would contribute to the preservation of open space located adjacent to several other parcels already conserved, owned variously by the Town of Brewster, the Brewster Conservation Trust and the Harwich Conservation Trust. These and other conservation values of the Premises, as well as its current uses and state of improvement, are described in a Baseline Documentation Report ("Baseline Report") prepared by Grantee with the cooperation of the Grantor, consisting of maps, photographs, and other documents and on file with the Grantee and referenced herein. The Baseline Report (i) is acknowledged by Grantor and Grantee to be a complete and accurate representation of the condition and values of the Premises as of the date of this Conservation Restriction, and (ii) is intended to serve as an objective information baseline for subsequent monitoring of compliance with the tenns of this Conservation Restriction as described herein. Notwithstanding the foregoing, the parties may utilize any evidence of the condition of the Premises at the time of this grant other than the Baseline Report, should the Baseline Report be unavailable or if it does not adequately address the issues presented. II. PROHIBITED ACTS AND USES, EXCEPTIONS THERETO, AND PERMITTED USES A. Prohibited Acts and Uses Subject to the exceptions set forth herein, the Grantor will not perform or allow others to perform the following acts and uses which are prohibited on, above, and below the Premises: (1) Constructing, placing or allowing to remain any temporary or permanent building, tennis court, landing strip, mobile home, swimming pool, asphalt or concrete pavement, sign, fence, billboard or other advertising display, road, wind turbine, antenna, utility pole, tower, ground -mounted solar array, conduit, line or other temporary or permanent structure or facility on, above or under the Premises; 5 CR#17185 ELFPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA (2) Mining, excavating, dredging or removing from the Premises of soil, loam, peat, gravel, sand, rock or other mineral resource or natural deposit or otherwise making topographical changes to the area; (3) Placing, filling, storing or dumping of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, tree and other vegetation cuttings generated off -site, waste or other substance or material whatsoever or the installation of underground storage tanks; (4) Cutting, removing or otherwise destroying trees, grasses or other vegetation, except as outlined in the Reserved Rights and Exceptions; (5) Activities detrimental to drainage, flood control, water conservation, water quality, erosion control, soil conservation, wildlife habitat, or archaeological conservation; (6) Hunting and trapping; animal husbandry or the keeping of horses; (7) Use, parking or storage of vehicles including motorcycles, mopeds, all -terrain vehicles, trail bikes, or any other motorized vehicles on the Premises except for vehicles necessary for public safety (i.e., fire, police, ambulance, other government officials) in carrying out their official duties or as necessary for the mobility impaired; (8) Subdivision or conveyance of a part or portion of the Premises alone, or division or subdivision of the Premises (as compared to conveyance of the Premises in its entirety which shall be permitted), it being the Grantor's and Grantee's intention to maintain the entire Premises under unified ownership; (9) Except as required in the exercise of a right reserved under Paragraph IIl.C., use of the Premises towards building or development requirements on this or any other parcel. The development rights which are encumbered and extinguished by this Conservation Restriction shall not be transferred to any other property pursuant to a transferable development rights plan, cluster development plan, or otherwise; (10) The use of the Premises for business, residential, or industrial use, or commercial recreation; (11) Any other use of the Premises or activity which is inconsistent with the purpose of this Conservation Restriction or which would impair its conservation values. B. Reserved Rights and Exceptions The Grantor reserves the right to conduct or permit the following activities and uses on the Premises, but only if such uses and activities do not impair the conservation values or purposes of this Conservation Restriction. (1) Vegetation Management. The selective minimal removing of brush, pruning and cutting to prevent, control or remove hazards, disease, insect or fire damage, or to preserve the 6 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA present condition of the Premises, including vistas as documented in the Baseline Report, woods roads and trails; the harvesting of firewood for personal use, not to exceed one (1) cord per year; (2) Non -Native or Nuisance Species. The removal of non-native or nuisance species, the interplanting of native species, and the control of species in a manner that minimizes damage to surrounding, non -target species and preserves water quality; (3) Composting. The stockpiling and composting of stumps, trees, brush, limbs, and similar biodegradable materials originating on the Premises, provided that such stockpiling and composting is in locations where the presence of such activities will not impair the conservation values (including scenic values) of this Conservation Restriction. No such activities will take place closer than one hundred (100) feet from any wetland, waterbody or stream. All exercise of this reserved right shall take into account sensitive areas and avoid harm to nesting species during nesting season; (4) Wildlife Habitat Improvement. With the prior written approval of Grantees, measures designed to restore native biotic communities, or to maintain, enhance or restore wildlife, wildlife habitat, or rare or endangered species including selective planting of native trees, shrubs and plant species; (5) Signs. The right to install, maintain and replace small signs with respect to hunting, trespass, identity of Grantor and Grantees, sale of the Premises, the protected conservation values (but specifically not any listed rare species), and similar signs, so long as such signage is consistent with the purposes of this Conservation Restriction; (6) Outdoor Passive Recreational Activities. Non-commercial, passive recreational uses of the Premises, which may include walking, camping, jogging, cross-country skiing, bird watching, hiking, wildlife observation, nature study, photography, sketching, painting, and other similar activities that do not conflict with the conservation values and that are permitted by law; (7) (8) (9) Trails. The right to create, modify, maintain (not to exceed six (6') feet in width), use (limited to such uses as described in this Paragraph II.B) and abandon foot trails, and to place simple sitting benches along said foot trails and at the pond shore, provided that the Grantees approve any new foot trails prior to construction; the right to install, maintain, replace and use the existing path and stairs to the pond shore over the pond bank on the northeastern portion of the Premises and the trail on the southeastern portions of the Premises, all as described in the Baseline Report; Use of Maintenance Vehicles. The right to use maintenance vehicles onsite as reasonably necessary in exercising the reserved rights set forth in this paragraph II.B, provided that such vehicle use is limited to established trails to the extent possible; Unauthorized Vehicles & Dumping. With prior approval by Grantees, active measures to prevent unauthorized vehicle entry and dumping; 7 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA (10) Road Improvement. The maintenance, use and improvement of East Gate Road and Squanto's Path (AKA Squanto's Path) and the driveway into the Premises for safe vehicular passage, proper drainage and fire control, so long as they are not surfaced with impervious materials, relocated or otherwise altered from their historic rural character; (11) Utilities. Installation of solar panels and associated lines and equipment on any allowed structure, but panels may not be mounted on or elevated above the ground. All utilities lines shall be buried and shall serve the single family dwelling and permissible outbuildings in the Building Envelope, exclusively; (12) Site Restoration. Any work undertaken in conjunction with the Reserved Rights described in this Paragraph II.B shall seek to minimize disturbance to the Conservation Values and other natural features within the Premises that may be impacted as a result of exercising of any of the Reserved Rights described herein. Upon completion of any site work performed in conjunction with the Reserved Rights described in this Paragraph B, any disturbed areas shall be restored substantially to the conditions with respect to soil material, grade, and vegetated ground cover as documented in the Baseline Report, as applicable, or in conformance with the conditions with respect to soil material, grade, and vegetated ground cover that existed prior to said work, if said work is done in any area not documented in the Baseline Report. (13) Permits, Regulations, Laws, The exercise of any right reserved by Grantor under this Paragraph II.B shall be in compliance with zoning, the Wetlands Protection Act, and all other applicable federal, state and local laws, rules, regulations, and permits. The inclusion of any reserved right requiring a permit from a public agency does not imply that the Grantees or the Commonwealth takes any position whether such permit should be issued. (14) Best Management Practices. The exercise of any right reserved by Grantor under this Paragraph II.B shall follow, when available and if applicable, established, up to date, and regionally applicable Best Management Practices or similar standards developed by a governmental agency or other entity with known expertise in the area of practice and designed to protect the natural features potentially affected by the action(s). C. Building Envelope. The Grantor reserves the right to conduct or permit the following activities and uses only within an area of one (1) acre, more or less, which is described in Exhibit A and shown on the sketch plan in Exhibit C as "Building Envelope" in addition to the Permitted Acts and Uses described in Paragraph II.B, and otherwise subject to this Conservation Restriction: (1) Subject to the regulations of the Town of Harwich and any other applicable laws or regulations, and with prior notice to Grantee, Grantor may use, rebuild, reconstruct, repair, maintain, replace and expand the existing single-family dwelling and to construct, use, repair, maintain, replace and expand an additional single-family dwelling or accessory 8 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA dwelling unit, and install and maintain utilities relevant thereto, including wells and subsurface sewage disposal systems, so long as the dwellings and/or units, whether newly constructed, expanded, or replaced, meet the following dimensional limitations and other conditions in this Paragraph ILC: a. Said dwellings or unit, as expanded or relocated, shall be located no closer to the top of the bank of Hinckleys Pond than currently exists; b. Said dwellings or units shall not exceed, at any point in time, a cumulative gross floor area, as defined hereinbelow, of Three Thousand (3,000) square feet.' (2) "Gross floor area", for the purposes of this Conservation Restriction, shall be defined as the sum of the gross horizontal area located on one ground floor only of all buildings on the Premises as measured from the exterior face of exterior walls, without deduction for hallways, stairs, closets, thickness of walls, columns or other features, which are capable of being used for human occupancy, including living, sleeping, cooking, eating, or heated storage purposes. Finished portions of attic, garage, or other outbuilding space (but not basements) that meet these definitions shall be included in the calculation of total gross floor area. (3) The Grantor agrees to and shall submit to the Grantees in its notice required by Paragraph II1.C.(1) sufficient stamped engineered plans and other materials necessary for the Grantees to make an informed judgment as to compliance of the work with the dimensional limitations and other applicable limitations of this Conservation Restriction. (4) Grantor agrees to remove any former dwelling and its debris from the Premises within six (6) months of the issuance of the occupancy pen -nit for any new dwelling, so that the effect will be to maintain no more than two (2) dwellings and one accessory garage apartment in the Building Envelope; (5) Subject to local permitting authority and other applicable laws and regulations, there is no limit on the number or size or use of other structures within the Building Envelope, provided, however, that such structures shall contain no habitable space, are not sited below the topographic contour that is Sixty (60) feet above mean sea level, and are not located within Fifty (50') feet of the top of the pond bank or within One Hundred (100') feet of Hinckleys Pond, whichever is more; (6) Outdoor patios of impermeable material may be installed, maintained and replaced for up to a combined total of One Thousand Three Hundred (1300) square feet adjoining one or both of the permitted dwellings or units; (7) The Building Envelope shall not be used for the purpose of calculating the amount of Grantor's land or any other person's land for subdivision, permissible lot or residential In 2022, the Town of Harwich assessors' card determined that there is One Thousand Six Hundred and Seventy-six (1,676 sq. ft) square feet in the gross floor area of the existing dwelling. 9 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA units yield beyond the units described hereinabove, nor shall the Building Envelope be used as off -site open space or nitrogen mitigation credit for development projects. (8) No portion of any residential or non -habitable structure, including any patio, within the Building Envelope may be sited below the topographic contour that is Sixty (60') feet above mean sea level. (9) A second dwelling or accessory dwelling unit may only be constructed during the ownership tenure of Jacob F. Brown II and Barbara C. Brown, beneficiaries of the Nominee Trust u/d/t January 26, 1988 and their lineal descendants. If no second dwelling or accessory dwelling unit has been built by the time that ownership is conveyed to a person or entity who is not a lineal descendant of said persons, then the right to create a second dwelling or accessory dwelling unit is terminated and the total gross floor area of living space cited in Section C.1.b hereinabove shall be reduced from Three Thousand and 00/00 (3,000.00) square feet to Two Thousand and 00/100 (2,000.00) square feet. (10) The Grantors may conduct office work from the dwellings associated with remote work - from -home activities. (11) The use, storage, and parking of vehicles is permitted within the Building Envelope. (12) Grantor may use, maintain and repair any permitted structure within the Building Envelope without notice to or approval by Grantee, so long as there is no expansion or relocation of said structure. D. Notice and Approval. Whenever notice to or approval by Grantees is required, Grantor shall notify each Grantee, by a method requiring proof of receipt, in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit the Grantees to make an informed judgment as to its consistency with the purposes of this Conservation Restriction. Where Grantees' approval is required, Grantees shall grant or withhold approval in writing within sixty (60) days of receipt of Grantor's request. Grantees' approval shall not be unreasonably withheld but shall only be granted upon a showing that the proposed activity shall not impair the purposes of this Conservation Restriction. Where Grantees' approval is required, the Secondary Grantee, within thirty (30) days of receipt of Grantor's request, shall notify the Primary Grantee of the Secondary Grantee's decision. Within sixty (60) days of the Primary Grantee's receipt of Grantor's request, the Primary Grantee shall either affirm, amend or reverse the decision of the Secondary Grantee, shall notify the Secondary Grantee thereof in writing, and shall issue its decision to the Grantor in writing. The Primary Grantee's decision shall in all eases be the final and controlling decision binding on both Grantees. In the event that no decision is received from the Secondary Grantee within thirty (30) days, the Primary Grantee shall proceed to issue its decision within sixty (60) days of Grantor's request. Grantees' approval shall only be granted upon a showing that the proposed activity will minimize 10 CR#17185 ELEPHANT WALK (BROWN) CONSERVATIONRESTRICTION BREWSTER & HARWICH, MA impacts to the Conservation Values and will not materially impair the Purposes and/or Conservation Values. Grantees may require Grantor to secure expert review and evaluation of a proposed activity by a mutually agreed upon party. Grantees agree to use reasonable diligence to respond to Grantor's request within 60 days of delivery. Grantees' failure to respond within the sixty (60) calendar day period shall be deemed a denial of the request (hereinafter, a "Deemed Denial"). A Deemed Denial is not final or binding on Grantees, and Grantor may submit the same or a similar request for approval. III. LEGAL REMEDIES OF THE GRANTEE A. Legal and Injunctive Relief. The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Premises to their condition prior to the time of the injury complained of (it being agreed that the Grantee will have no adequate remedy at law). The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantees for the enforcement of this Conservation Restriction. Grantees agree to cooperate for a reasonable period of time prior to resorting to legal means in resolving issues concerning violations provided Grantor ceases objectionable actions and Grantees determine there is no ongoing diminution of the conservation values of the Conservation Restriction. Prior to instituting litigation to enforce any violations of this Conservation Restriction, the Grantees shall first notify the Grantor and request the Grantor to remedy the violation; if the violation is not remedied within sixty (60) days, then the parties shall make a good faith effort to mediate the dispute before litigation is commenced, provided the Grantor ceases the violation immediately upon receipt of notice of the violation and makes a good faith effort to remedy the violation. Grantees shall not, however, have the right to bring an action against Grantor with respect to a violation of this Conservation Restriction by trespassers or other third persons whose entry on the Premises is not authorized or not voluntarily acquiesced in by Grantor; Grantor agrees that Grantor will not voluntarily acquiesce in any violation of this Conservation Restriction by trespassers or such other third persons; and Grantor further agrees that Grantor will make reasonable efforts to deter such activities and to remedy the violation and will cooperate with Grantees to enforce this Conservation Restriction against trespassers and such other third persons. Grantor covenant and agree to reimburse to Grantees all reasonable costs and expenses (including reasonable counsel fees) incurred in enforcing this Conservation Restriction or in taking reasonable measures to remedy, abate or correct any violation thereof, provided that a violation of this Conservation Restriction is acknowledged by Grantor or determined by a court of competent jurisdiction to have occurred. In the event of a dispute over the boundaries of the Conservation Restriction, Grantor shall pay for a survey and to have the boundaries permanently marked. Coordination between Primary and Secondary Grantee. Whenever there is a question of whether there is a violation of this Conservation Restriction, or how to proceed in addressing the 11 CR#17185 ELEPHANT WALK (BROWN) C©NSERVATIONRESTRICT7ON BREWSTER & HARWICH, MA violation, the Primary Grantee shall consult with the Secondary Grantee. The Primary Grantee shall then determine whether there is a violation and how to proceed in addressing the violation. The Primary Grantee's decision shall in all cases be the final and controlling decision binding on both Grantees. In the event that no response is received from the Secondary Grantee within thirty (30) days, the Primary Grantee shall notify Grantor and proceed as provided in Section II.D. B. Non -Waiver. Enforcement of the tenns of this Conservation Restriction shall be at the discretion of Grantees. Any election by the Grantees as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. C. Disclaimer of Liability By acceptance of this Conservation Restriction, the Grantees do not undertake any liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantees or its agents. D. Acts Beyond the Grantors' Control Nothing contained in this Conservation Restriction shall be construed to entitle the Grantees to bring any actions against the Grantor for any injury to or change in the Premises resulting from causes beyond the Grantor's control, including but not limited to fire, flood, storm and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes. In the event of any such occurrence, the Grantor and Grantees will cooperate in the restoration of the Premises, if desirable and feasible. IV. ACCESS The Grantor hereby grants to the Grantees, or their duly authorized agents or representatives, the right to enter the Premises (i) after reasonable notification, at reasonable times and in a reasonable manner, for the purpose of inspecting the Premises to determine compliance with the provisions of this Conservation Restriction or to enforce it; and, (ii) after sixty (60) days prior written notice, except in an emergency in which case notice shall be given as soon as is practicable, to take any and all actions with respect to the Premises as may be necessary or appropriate, with or without order of court, to remedy, abate or enforce any violation hereof unless the Grantor have prior to the expiration of said sixty (60) days given written notice to the Grantees reasonably addressing all alleged violations and setting forth a reasonable plan to remedy any such alleged violation and has ceased the activity and made reasonable efforts to begin remediation. The Grantor also grants to the Grantees, after notice of a violation and failure of the Grantor to cure said violation, the right to enter the Premises for the purpose of taking any and all actions with respect to the Premises as maybe necessary or appropriate to remedy or abate any violation hereof, including but not limited to the right to perform a survey of boundary lines. 12 CR#17185 ELEPHANT WALK (BROWN,) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA This Conservation Restriction does not grant any right of access to the general public and the Grantor retains its rights to prohibit access to the Premises by the general public. This Conservation Restriction shall have no effect on pre-existing rights of the public, if any, to pass or repass with vehicles on Squanto's Path (also known as Squantum Road), as said way passes through the Premises. V. EXTINGUISHMENT A. If circumstances arise in the future such as render the purpose of this Conservation Restriction impossible to accomplish, this restriction can only be terminated or extinguished, whether in whole or in part, by a court of competent jurisdiction under applicable law after review and approval by the Massachusetts Secretary of Energy and Environmental Affairs. If any change in conditions ever gives rise to extinguishment or other release of the Conservation Restriction under applicable law, then Grantee, on a subsequent sale, exchange, or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds in accordance with Paragraph V.B below, subject, however, to any applicable law which expressly provides for a different disposition of the proceeds and after complying with the terms of any gift, grant, or funding requirements. Grantees shall use their share of the proceeds in a manner consistent with the conservation purpose set forth herein. B. Proceeds. Grantor and Grantees agree that the conveyance of this Conservation Restriction gives rise to a real property right, immediately vested in the Grantees, with a fair market value that is at least equal to the proportionate value that this Conservation Restriction, determined at the time of the conveyance, bears to the value of the unrestricted Premises. The proportionate value of the Grantees' property right is as of the Effective Date (See Paragraph X) and will be determined by an appraisal. Such proportionate value of the Grantees' property right shall remain constant. The Grantees shall share equally in any net proceeds they are entitled to. Grantor shall provide Grantees with a complete copy of any qualified appraisal performed for Grantor to determine the proportionate value as provided herein, as may be required under the Internal Revenue Code. C. Grantor/Grantees' Cooperation Regarding Public Action. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority, then the Grantor and the Grantees shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantees shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantees in accordance with Paragraph V.B above, after complying with the terms of any law, gift, grant, or funding requirements. If a less than fee interest is taken, the proceeds shall be equitably allocated according to the nature of the interest taken. The Grantees shall use their shares of the proceeds like a continuing trust in a manner consistent with the conservation purposes of this grant. 13 CR#I7I85 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA VI. DURATION & ASSIGNABILITY A. Running of the Burden. The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor holding any interest in the Premises. B. Execution of Instruments. The Grantees are authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; the Grantor, on behalf of itself and its successors and assigns, appoints the Grantees its attorneys - in -fact to execute, acknowledge and deliver any such instruments on their behalf. Without limiting the foregoing, the Grantor and its successors and assigns agree themselves to execute any such instruments upon request. C. Running of the Benefit. The benefits of this Conservation Restriction shall run to the Grantee, shall be in gross and shall not be assignable by the Grantees, except in the following instances: As a condition of any assignment, the Grantees shall require that the purpose of this Conservation Restriction continues to be carried out; that the Assignee is not an owner of the fee in the Property, and the Assignee, at the time of the assignment, qualifies under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and is a donee eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the General Laws of Massachusetts. Any assignment will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. VII. SUBSEQUENT TRANSFERS The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Premises, including a leasehold interest and to notify the Grantees not less than twenty (20) days prior to the execution of such transfer. Failure to do any of the above shall not impair the validity or enforceability of this Conservation Restriction. Any transfer will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. The Grantor shall not be liable for violations occurring after their ownership. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and may be held responsible for any continuing violations. VIII. ESTOPPEL CERTIFICATES Upon request by the Grantor, the Primary Grantee shall, within thirty (30) days written notice, execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor's compliance or non-compliance with any obligation of the Grantor contained in this 14 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA Conservation Restriction, and which otherwise evidences the status of this Conservation Restriction as may be requested by the Grantor. IX. NON MERGER The parties intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantees agree that they will not take title, to any part of the Premises without having first assigned this Conservation Restriction to a non -fee owner that is qualified under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder and is eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the General Laws of Massachusetts in order to ensure that merger does not occur and that this Conservation Restriction continues to be enforceable by a non -fee owner. X. AMENDMENT A. Limitations on Amendment Grantor and Grantee may amend this Conservation Restriction only to correct an error or oversight, clarify an ambiguity, maintain or enhance the overall protection of the Conservation Values, or add real property to the Premises, provided that no amendment shall: 1. affect this Conservation Restriction's perpetual duration; 2. be inconsistent with or materially impair the Purposes; 3. affect the qualification of this Conservation Restriction as a "qualified conservation contribution" or "interest in land" under any applicable laws, including 26 U.S.C. Section 170(h), and related regulations; 4. affect the status of Grantee as a "qualified organization" or "eligible donee" under any applicable laws, including 26 U.S.C. Section 170(h) and related regulations, and Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws; or 5. create an impermissible private benefit or private inurement in violation of federal tax law, as determined by an appraisal, conducted by an appraiser selected by the Grantee, of the economic impact of the proposed amendment; or 6. alter or remove the provisions described in Paragraph VI (Termination/ Release/ Extinguishment); or 7. cause the provisions of this Paragraph X to be less restrictive; or 8. cause the provisions described in Paragraph VII.0 (Running of the Benefit) to be less restrictive. B. Amendment Approvals and Recording No amendment shall be effective unless documented in a notarized writing executed by Grantee and Grantor, approved by the Towns of Harwich and Brewster and by the Secretary in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws, and recorded in the Barnstable Land Registry District. 15 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA XI. EFFECTIVE DATE This Conservation Restriction shall be effective when the Grantor and the Grantees have executed it, the administrative approvals required by Section 32 of Chapter 184 of the General Laws have been obtained, and it has been recorded in a timely manner in the Barnstable Land Registry District. XII. NOTICES Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage pre -paid, addressed as follows: To Grantor: Jacob F. Brown II & Earl E. Watson, Trustees 100 Newbury Court Suite 313, Concord, MA 01742 To Co -Grantees: and, Harwich Conservation Trust P.O. Box 101 S. Harwich MA 02661 Brewster Conservation Trust 36 Red Top Road Brewster MA 02631 or to such other address as any of the above parties shall designate from time to time by written notice to the other or, if notice is returned to sender, to an address that is reasonably ascertainable by the parties. XIII. GENERAL PROVISIONS A. Controlling Law. The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. B. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in favor of the grant to effect the purpose of this Conservation Restriction and the policy and purposes of Chapter 184, Sections 31, 32, and 33 of the Massachusetts General Laws. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the purpose of this Conservation Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability. If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provision of this Conservation Restriction shall not be affected thereby. 16 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA D. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to this Conservation Restriction and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Restriction, all of which are merged herein. XIV. MISCELLANEOUS A. Pre -Existing Public Rights. Approval of this Conservation Restriction pursuant to Chapter 184, Section 32 of the Massachusetts General Laws by any municipal officials and by the Secretary of Energy and Environmental Affairs is not to be construed as representing the existence or non- existence of any pre-existing rights of the public, if any, in and to the Premises, and any such pre- existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. B. Subordination. The Grantors shall record in the Barnstable Land Registry District simultaneously with this Conservation Restriction all documents necessary to subordinate any mortgage, promissory note, loan, lien, equity credit line, refinance assignment of mortgage, lease, financing statement or any other agreement which gives rise to a surety interest affecting the Premises. C. Homestead Waiver. The Grantors hereby release, agree to waive, subordinate, and release any and all Homestead rights pursuant to Chapter 188 of the Massachusetts General Laws it may have in favor of this Conservation Restriction with respect to any portion of the Premises affected by this Conservation Restriction, and hereby agree to execute, deliver and/or record any and all instruments necessary to effectuate such waiver, subordination and release. In all other respects, the Grantors reserve and retain any and all Homestead rights, subject to this Conservation Restriction, pursuant to Section 14(e) of Chapter 188 of the Massachusetts General Laws. D. The following signature pages are included in this Conservation Restriction: Grantors Jacob F. Brown II & Earl E. Watson, Trustees Grantee Acceptance — Harwich Conservation Trust Grantee Acceptance — Brewster Conservation Trust Approval by Brewster Select Board Approval by Harwich Board of Selectmen Approval of the Secretary of Energy and Environmental Affairs. E. The following exhibits are attached hereto and incorporated herein: Exhibit A: Description of Premises Exhibit B: Reduced Copy of Plan of Premises Exhibit C: Sketch of Building Envelope 17 CR#I7185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA WITNESS our hands and seals this 4 'day of Nit, , 2023, GRANTOR: Nominee Trust u/d/t January 26, 1988 BY: .1 ti L....�� ob F. Brown 11, Trustee, and not Individually COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this (9 day of )(Pl l , 2023, before me, the undersigned notary public, personally appear, Jacob F. Brown, Co -Trustee, and proved to me through satisfactory evidence of identification which was personal knowledge to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, on behalf of the Trust. Mark I. Robinson, Notary Public My Commission Expires: 8 July 2027 18 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA WITNESS our hands and seals this 2 day of kb ✓ems 6 , 2023, GRANTOR: Nominee Trust u/d/t January 26, 1988 BY: dThj Earl E. Watson, Trustee, and not Individually COMMONWEALTH OF MASSACHUSETTS , ss: On this ,%( day of 4 , 2023, before me, the undersigned notary public, personally appear, Earl E. Watson, Co -Trustee, and proved to me through satisfactory evidence of identification which was personal knowledge to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, on behalf of the Trust. Notary Public +,'s -r r' Zve, N' My Commission Expires: OP 46/Zez% 19 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA • • *: TRUSTEES' CERTIFICATE Nominee Trust u/d/t January 26, 1988 was formed in 1988 as described in Document No. 449917 and noted on Certificate of Title No. 113488, recorded in the Barnstable Land Registry District, and is currently in full force and effect and has not been revoked. The current Co -Trustees are Jacob F. Brown II & Earl E. Watson, who have authority under Section 2 of said Trust document to convey real estate interests, such as Conservation Restrictions with the consent of the beneficiaries. Insofar as it may be required by the instrument, the beneficiaries have consented to the transfer of a Conservation Restriction on 90 Squanto's Path (AKA Squanto's Path) in Brewster and Harwich MA to the Harwich Conservation Trust and Brewster Conservation Trust on or about the t 41- day of ,, ., K 2023 The beneficiaries are of full age and competent. WITNESS my hand and seal this G °- day of ^lo „e-'- 3u. , 2023, Nominee Trust u/d/t January 26, 1988 BY: •.-r�rs 3.1, -+.ads: F. Brown II and not Jac , Trustee, Individually COMMONWEALTH OF MASSACHUSETTS kC ' ,tL4 , 2023, before me, the undersigned notary Barnstable, ss: On this Le day of public, personally appear, Jacob F. Brown, Co -Trustee, and proved to me through satisfactory evidence of identification which was personal knowledge to be the person whose name is signed on the prorgc,eding,or attached document, and acknowledged to me that he signed it voluntarily for its stkte stir chalf of the Trust. • \s,,,;(6, 20.,,,, -to \ 5 U ° c 'p ;mot s°.a4 ark Robi s n, Notary Public My ommission Expires: 8 July 2027 20 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA WITNESS my hand and seal this - day of /, 2023, Nominee Trust uldlt January 26, 1988 BY: Earl E. Watson, Trustee, and not Individually COMMONWEALTH OF MASSACHUSETTS r, 1 ,ss: On this 71 day of j,7 ,.-- , 2023, before me, the undersigned notary public, personally appear, Earl E. Watson, Co -Trustee, and proved to me through satisfactory evidence of identification which was personal knowledge to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, on behalf of the Trust. Notary Public —a, " l rr 4?, My Commission Expires: pgeaoz7 21 CR#I 7185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA ACCEPTANCE OF GRANT BY TRUSTEES OF THE BREWSTER CONSERVATION TRUST Pursuant to a majority vote of the Board of Trustees to accept the above Conservation Restriction from Jacob F. Brown II & Earl E. Watson, Co -Trustees, the Trustees accept said Restriction this 1/ day of /Uov-e vv,A4.k.A , 2023. THE BREWSTER CONSERVATION TRUST By its Trustees, MARTIN AR t , President BETH FINCH 22 JOSEPH BIERNAT AMUS WOODS DONALD KEERAN PE BONNIE NEWMAN PETER W. SOULE CR H7185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BRE,WSTER & HARWICH, MA COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. Date: '' /l10 .)-e vv. 1,o42 4— , 2023 Then personally appeared the above -named Ma / s,L� rz � ors W1, Is t r- T vr�l19+, l t I(eran, 447 7 MC-6mq_,_Cl r/PSL•5vm i ifac V. D'C . _3 ,W1r h:s, Roxem« Ua Adwrn, b vtd Pewrit h 0crn Trustees of the Brewster C6nservation Trust, and proved to me through satisfactory evidence of identification, which was personal knowledge of identity, to be the persons whose names are signed on the document, and acknowledged the foregoing instrument to be the free act and deed of the Trustees of the Brewster Conservation Trust, before me. M/rk H. Robinson, Notary Public y commission expires: 8 July 2027 23 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA ACCEPTANCE OF GRANT BY TRUSTEES OF THE HARWICH CONSERVATION TRUST Pursuant to a majority vote of the Board of Trustees to accept the above Conservation Restriction from Jacob F. Brown II & Earl E. Watson, Co -Trustees, the Trustees accept said Restriction this J- - day of / - N Y , 2023. THE HARWICH CONSERVATION TRUST By its rustees, )) ' // f�'G THOMAS M. EVANS, President 4e �—. COLIN A. LEONARD DONNA J. P RSON HERB RAFFAE 0 6444 I* PATTI A. SMITH M Barnstable, ss. BONNIE L. LOEDEL ANDREA SILBERT /44(& BRUCE NIGHTINGALE ANN LAMBERTUS JO.' • THON I t AN COMMONWEALTH OF MASSACHUSETTS Date: ! AJc , 2023 Then personally appeared the above -named Thomas /y? Eva✓+S, Cohn /d t ecr ev f o vi- vi J %+c r5 c,7 , J-/ v / I/ v ffc�e.c Patb: Igo Svc 11/1 t hi 4,0 ( 4'S h I Inc , g r t t crZ And of /� , /Van cy /''t90 w ccetd -td cow ldman , Trustees of the Harwich Conservation Trust, and proved to me through satisfactory evidence of identification, which was personal knowledge of identity, to be the persons whose names are signed on the document, and acknowledged the foregoing instrument to be the free act and deed of the Trustees tithe Harwich. Consery, tion Trust, before me. • 0` Mark 'H. Robinson, I` ottiy Public My commission expires: 8 July 2027 24 CR#17185 ELEPHANT WALK (BRO14W) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA APPROVAL OF SELECT BOARD We, the undersigned, being a majority of the Select Board of the Town of Harwich, hereby certify that at a public meeting duly held on NO\( ) 3 , 2023, the Selectmen voted to approve the foregoing Conservation Restriction from Jacob F. Brown 11 & Earl E. Watson, Co -Trustees to the Harwich Conservation Trust and the Brewster Conservation Trust in the public interest pursuant to Section 32 of Chapter 184 of the General Laws of Massachusetts, TOWN OF HARWICH SELECT BOARD: MacAskill Jeffrey F Handler (. COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this 13 day of NOVew)0 2023, before me, the undersigned notary public, personally appeared Tut t V el V1 i 14 SC\ca t3oa 4 Ciroie and proved to me through satisfactory evidence of identification which was ' e, 5( ()1 OIDWileAti6 to be the persons whose names are signed on the proceeding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. No My omm'sion Expires: Jennifer Marie Clarke Notary Public rriMMONWEALTH OF MASSACHUSErts My Commission Expires July 5, 2030 25 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA APPROVAL OF SELECT BOARD We, the undersigned, being a majority of the Select Board of the Town of Brewster, hereby certify that at a public meeting duly held on , 2023, the Select Board voted to approve the foregoing Conservation Restriction from Jacob F. Brown II & Earl E. Watson, Co - Trustees to the Harwich Conservation Trust and the Brewster Conservation Trust in the public interest pursuant to Section 32 of Chapter 184 of the General Laws of Massachusetts. TOWN OF BREWSTER SELECT BOARD: Edward "Ned" Chatelain, Chair David Whitney Cynthia Bingham Mary Chaffee Kari Hoffmann COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of , 2023, before me, the undersigned notary public, personally appeared , , and proved to me through satisfactory evidence of identification which was to be the persons whose names are signed on the proceeding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 26 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWS]LR & HARWICH, MA APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of Energy and Environmental Affairs of the Corn nonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction from Jacob F. Brown 1I & Earl E. Watson, Co -Trustees to the Harwich Conservation Trust and the Brewster Conservation Trust has been approved in the public interest pursuant to Massachusetts General Laws, Chapter 184, Section 32. Dated: , 2023 Rebecca L. Tepper Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss: On this day of , 2023, before me, the undersigned notary public, personally appeared Rebecca L. Tepper, and proved to me through satisfactory evidence of identification which was to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 27 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH MA EXHIBIT A Description of the Premises The Premises subject to this Conservation Restriction is the entirety of a parcel of registered land and buildings located in the Towns of Brewster and Harwich, Barnstable County, Commonwealth of Massachusetts, containing a total of 7.57 acres, and shown as Lot 3 on a plan filed with the Barnstable County Land Court Registry as Land Court Plan 18475-C, a sketch plan based on which is attached hereto as Exhibit B, known herein as the "Premises." Within the Premises, there is an area of the land in Harwich called the "Building Envelope," reserved for residential uses as described in Paragraph II.0 hereinabove and depicted on the sketch plan attached hereto as Exhibit C. The Building Envelope is included in and not excluded from the Premises. The Building Envelope is more particularly bounded and described as follows: Beginning at a concrete bound as shown on Land Court Plan 18475-C located on the southerly sideline of the Premises on the intersection with the town boundary line between Brewster and Harwich; thence running, Northerly along said town line to a point of intersection with the 60 -foot above mean sea level topographic contour; thence turning and running, Easterly and Southerly along said 60 -foot contour to a point of intersection with a line running parallel with and extrapolated from the pond -facing side of the existing dwelling owned by the Grantors, so-called Elephant Walk; thence turning and running, Southwesterly along said line along the pond -facing side of the dwelling to a point on the southerly sideline of the Premises; thence turning and running, Northwesterly along said southerly sideline to the point of beginning. Said Building Envelope incorporates one (1) acre, more or less, of the 2.6 acres within the portion of the Premises lying within the town of Harwich. For Grantor's title, see Land Court Certificate # 190487. Town of Brewster Assessors Map 41, Parcel 12 (4.9 acres) 90 Squanto's Path, Brewster Town of Harwich Assessors Map 100, Parcel G1-1 (2.6 acres) 90 Squantum Path, Harwich 28 CR#17185 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA EXHIBIT B Sketch Plan of Premises For official full size plan see LAND COURT PLAN 18475-C. /8475c SUBDIVISION PLAN OF LAND IN RARWION AND BREWSTER Eldredge Surveying Co,, Surveyors Maroh 22s 1975 000 Awe er or Owner, Ue.f noel Subdivision o1' Lot 1 Shown on Plan 18479 Piled with Cert. of Title No. 22147 Registry Dietriot of Barnstable County �o rrrcrimrG%%eles of Nip maybe ,sited for land 1�y the Cbr�'t, at 1.40.4.14.0 ,!lG4Yb*I,S. el 29 oi. c.r, girt. Cry o�fr Falp44 LAND R£GdSThATIOf OPMC£ Suit NYnh/vor1G19Zrr ib Incb RC,Woo y, yhtfrAra,r a „,yy.Pad` BUILDIN G ENVELO PE (se e running description in Exhibit A of this Conserva tion Restriction for details), 1+ acre Sketch of Topographic Conto urs of the Elephant Walk CR Property in Brewster and Harwich MA showing Buildi ng Envelope Prepared 31 Aug 2022 by M.N . Robi ns on 60 = 60 -fo ot contour above mean sea lev el Elephant Walk = existing dwelling Base map SOURCE: https://t*nvtiv.mapsonli ne. net/brewsterma Scal e: fe et 101O 5' vo J IIII HXI NOLIORTISNIVOLLVAYYYHEATO J Brown-Watson, Trustees Bon Accord (Ker family) Compact (ex– Lambertus) CONSERVATION RESTRICTIONS, Brewster Brewster Conservation Trust and The Compact of Cape Cod Conservation Trusts October 2023 0 Squantum Path 404 Satucket Road 0 Satucket Road PUNKHORN PARKLANDS Brown-Watson, Trustees HINCKLEYS POND SEYMOURS POND CONSERVATION RESTRICTIONS, Brewster Brewster Conservation Trust and The Compact of Cape Cod Conservation Trusts October 2023 Tax Map 41-12 , 0 Squantum Road (Brown Family Trust) CR on 5 acres in Brewster, to remain owned by Brown Family Trust with CR to Brewster Conservation Trust (and HCT) Motion suggestion: “I move to support the request of the Brewster Conservation Trust and Harwich Conservation Trust to have the Select Board approve this conservation restriction. The CR provides significant public benefit in water quality pro- tection to Hinckley Pond and Town wellfields in the Punkhorn and preserves pine-oak forest wildlife habitat. I also author- ize our Administrator to communicate this endorsement to the Select Board.” PUNKHORN PARKLANDS UPPER MILL POND WALKERS POND Compact (ex– Lambertus) Bon Accord LLC (Ker family) BCT BCT BCT BCT CONSERVATION RESTRICTIONS, Brewster Brewster Conservation Trust and The Compact of Cape Cod Conservation Trusts Tax Map 13-98 , 404 Satucket Road (ex-Ker, Bon Accord LLC) CR on 4.5 acres , The Compact will buy the parcel and grant a CR to Orenda Wildlife Land Trust. Compact will later transfer title to Brewster Conservation Trust. Motion suggestion: “I move to support the request of the Compact of CC Conserva- tion Trustst to have the Select Board approve this conservation restriction. The CR provides significant public benefit in water quality protection to Upper Mill Pond and Dennis wellfields and preserves pine-oak forest wildlife habitat. I also au- thorize our Administrator to communicate this endorsement to the Select Board.” Tax Map 13-101, 0 Satucket Road (ex-Lambertus) CR on 11.2 acres , The Compact owns the parcel and will grant a CR to Orenda Wildlife Land Trust. Compact will later transfer title to Brewster Conservation Trust. Motion suggestion: “I move to support the request of the Compact of CC Conservation Trusts to have the Select Board approve this conservation restriction. The CR provides significant public ben- efit in water quality protection to Upper Mill Pond and Dennis wellfields and preserves pine-oak forest wildlife habitat. I also authorize our Administrator to communicate this endorsement to the Select Board.” Bon Accord (Ker family) Compact (ex– Lambertus) CONSERVATION RESTRICTIONS, Brewster Brewster Conservation Trust and The Compact of Cape Cod Conservation Trusts October 2023 BCT (Ex-Burke) (0 Anglers Cartway) BCT (Ex-Burke) (0 Anglers Cartway) BCT TOWN CONSERVATION RESTRICTIONS, Brewster Brewster Conservation Trust and The Compact of Cape Cod Conservation Trusts October 2023 Tax Map 137 Parcel 1 (ex-Burke) CR on 4.92 acres. BCT owns the parcel and would grant a CR to Town of Brewster ConCom. Town Meeting has approved this CR and the $250,000 CPA funds to buy the CR. Motion suggestion: “I move to accept a Conservation Restriction on land owned by the Brewster Conservation Trust at 0 Anglers Cartway and to have the Select Board approve this conservation restriction. The CR provides significant public benefit by preserving pine-oak forest wildlife habitat and adding to the 2-mile public walking trail at Huckleberry Hill. I also authorize our Administrator to communicate this endorsement to the Select Board.” Archive d: Tuesday, N ovember 21, 2023 9:58:31 AM From: William Grafton Se nt: Friday, November 17, 2023 2:38:24 PM To: Peter Lombardi Cc: Chris Miller Subje ct: Brewster Conservation Commission/November 14, 2023 Update: Ratification votes (3) CRs for support by third parties and (1) CR recommendation to Select Board Importance : Normal Se ns itivity: None Attachme nts : 2023 CR locus maps.pdf; Pe te r, j ust wanted update you that the Bre wste r Conservati on Commi ssi on rati fi e d support votes for (3) Conservati on Re stri ctions to be he ld by thi rd parti e s as wel l as a re commendation for the Sel e ct Board to approve acceptance of the Burke Prope rty Conse rvation Re stricti on (aka 0 Angl e rs Cartway). Se e attache d brief pre pared by Mark Robi nson of The Compact of Cape Cod for more de tai ls. If you have any que sti ons, pl e ase contact Chri s or me . Have a ni ce we e kend. Re spe ctfull y, Bi l l Grafton Bre wster Conservati on Admi ni strator 1657 Mai n Street Bre wster, MA 02631 Phone (508) 896-4546 e x t. 4242 Brewster Town Of fices are open to the public Monday through Thursday from 8:30 to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visit Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 townmanager@brewster-ma.gov MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Manager RE: Recommended 2024 Crosby Property Fee Schedule DATE: November 21, 2023 At several meetings this fall, the Crosby Property Committee reviewed the fee schedules for hosting events at the mansion and renting out the two cottages on Weathervane Way. Based on current market conditions and to ensure we fully recover the costs of providing these services, the committee unanimously recommends the following changes for the 2024 season: $1400 increase for wedding events + new $1000 refundable deposit (added 3 extra hours of set-up time to the base contract amount) $200 increase for general functions (added 1 extra hour to the base contract amount) $100 increase for community and town group events (added 1 extra hour to the base contract amount) $200 increase for cottage shoulder season rates & $300 increase for cottage summer season rates Office of: Select Board Town Manager 1 Crosby Mansion P.O. Box 1888 163 Crosby Lane Brewster, MA 02631 508-896-1744 rarcher@brewster-ma.gov www.CrosbyMansion.com Richard Archer – Events Manager Rental Fee Schedule 2024 *WEDDINGS: 1.$4,000 Base Rental 2.$1,000 Refundable deposit for damages & time overage (will be returned after wedding) a.Base rental rate includes: Three 1-hour pre-visits, 3 hour set up/vendor delivery the day before Wedding and 7-hour day of Wedding. 1 hour day after vendor pick up and personal pick up. b.Suggested time day of Wedding - 3 hour set up. 4-hour Ceremony/Reception. 3.Each additional hour is $200 beyond the above specified occupancy times. Amenities include: Reception Hall: Attached to the Bay side of the Mansion. Large Capacity 48x32’ (1,440 square feet). Seats 120 comfortably. Basic Sound system: Plug in your personal device. DJ’s or Bands provide their own system. •First floor: Access to entire floor for pre-dinner social, drinks, appetizers, personal displays. •Second floor: Bride and Bridesmaid preparations anti-room, private bathroom access. •Third floor Balcony:Wedding couple, and photographer only. Cape Cod Bay background. •Basic Wi-Fi •Kitchen Space:Large, spacious, for staging flowers, food etc. equipped with Refrigerator and sink, large counters. Caterers supply their own stove, warmers. •Modern, large restrooms: Conveniently located to the Reception Hall. •Grounds: Full access to front lawn for tent, porch cocktails, side yard for lawn games etc. •Beach access: Crosby path to the famous Brewster flats and sunset views. •Crosby Mansion Properties and Events Manager: Staffing and assistance in coordination of your vendors on the day of your Wedding. Consult on ideas you may have. *GENERAL FUNCTIONS: 1.$750 Base rental - 5 hours. 2.Suggested time: 2 hour set up. 2-hour event. 1 hour breakdown and clean up. 3.Each additional hour is $125 beyond the above specified occupancy times. 4.Type of events include Work parties, Business meetings, Family reunions, Adult Birthdays, Holidays events, Recitals, and more! 2 Amenities include: Reception Hall, large capacity. (48’x 32’) First floor, and grounds. •Kitchen Space: Refrigerator, sink, large counter space. Caterers bring warmers/ovens •Tables: Four – 3x6 folding tables and 30 chairs. Other small tables available. •Wi-Fi •Sound System to plug in your personal device. DJ’s and Bands provide their own system. •Crosby Events Manager: Consult plus on-site staffing during your event. *BREWSTER COMMUNITY TOWN GROUPS: 1.$550 Base rental - 6 hours 2.Suggested time: 2 hour set up. 2-hour event. 1 hours break down and clean up. 3.Each additional hour is $100 beyond the above specified occupancy times. 4.FEE Waiver: Some Brewster groups may qualify for a waiver pending Select Board approval. Forms can be obtained at Town Hall or from the Crosby Events Manager. A MINIMUM FEE of $100 is required to accommodate staffing, utilities, and trash removal. Amenities are as listed above under “General Functions”. *CHILDREN’S BIRTHDAY PARTIES 1.$250 base rental – 4 hours 2.Suggested time: 1.5 hour set up. 2-hour party. 30 minutes break down and clean up. 3.Each additional hour is $100 beyond the above specified times. 4.Up to 30 partygoers plus parents. Amenities include: •Access to Party Reception Hall, kitchen, and outdoor grounds. •No main mansion accesses. •Please contact the Events Manager for full details. *HISTORICAL TOURS: Private, Live docent lead by the Friends of Crosby Mansion: 1.$20 per person. 10 persons minimum OR $200. 2.Tours generally last 1 hour 3.Option: 1 hour use of Reception Hall for your boxed lunch before or after your tour. 4.Crosby Events Manager and Friends of Crosby docent on site. 5.We accommodate Bus tours up to 40 people. Please contact the Events Manager for full details. 6.NOTE: Open House Tours are open to the Public during summer. No reservations. 3 *PHOTO SHOOTS INTERIOR AND EXTERIOR: 1.$200 Base rental – 1-hour scout and set up time. 2-hour Photo shoot time. Up to 24 people. This includes Wedding Couples, Wedding Party, Photographers, and Videographers. 2.$100 Base rental – 30-minute scout and set up time. 1-hour Photo shoot time. Up to 6 people. Includes Wedding couple, attendants, and photographers. *CROSBY BEACH COTTAGES: 1.Rental period: 7 days - Sat. 3 pm-Sat. 9 am 2.Located behind Crosby Mansion on Cape Cod Bay. Ranch Cottage: Shoulder season: $2,300 wk. – Summer Season: $3,600 wk. Set back from water with Beach path, 30 second walk. Three Bedroom: Sleeps 6 - Queen bed, Double bed, 2 Twin Beds. Full Bath Shower/Tub, and Outdoor Shower. 1,440’- square feet. Bungalow Cottage: Shoulder season: $2,600 wk. – Summer Season $4,250 wk. On the water – Deck overlooking dunes. Three Bedroom: Sleeps 6 – King bed, Double bed, 2 Twin beds. Full Bath, Half Bath, and Sink/Toilet in Main bedroom. 1,930’ – square feet. Please visit www.CrosbyMansion.com for full amenities and photographs. -----Make the Mansion yours---- Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Brewster Select Board FROM: Donna J. Kalinick, Assistant Town Manager & Peter Lombardi, Town Manager RE: Strategic Goal CC-3, Potential Childcare Subsidy Program DATE: November 22, 2023 Overview: The Town of Brewster is the lead community for the Community Development Block Grant (CDBG) Regional Grant for the towns of Brewster, Wellfleet and Dennis. In addition to Housing Rehabilitation, the program also provides childcare subsidies for eligible families up to 80% of the Area Median Income (AMI). As of the November CDBG report, there were 18 Brewster children receiving this annual stipend which can be up to $6,000 per child. There are 18 Dennis children in this program and 1 child from Wellfleet. The Town of Wellfleet started a town program for 3- and 4-year-olds in 2021 which offers up to $7,000 per child annually. The Town of Dennis also recently initiated a town program that services children aged 0 to age 4 years old and 11 months which offers up to $2,400 per child per year but it is limited to one child per family, 50 total participants, and has a 150% AMI eligibility requirement. It should be noted that families are not eligible to receive CDBG childcare subsidies unless and until all local funds have been expended by the family. In addition to the CDBG towns noted above, the towns of Truro, Eastham, Chatham, and Orleans have created local pre-school subsidy programs in the last 5 years. We have had local families reach out to the Town and inquire why Brewster does not have a program in place. In response to these inquiries, the Select Board voted to add investigation of a potential Brewster program as a goal in their FY24-25 Strategic Plan. The Town of Harwich was the most recent town to adopt a childcare voucher program at their May 2022 Town Meeting. Since Harwich is closest to Brewster in terms of the number of children that would potentially be serviced, the Town Manager and Assistant Town Manager met with Lucy Gilmore who is the Monomoy Family Resource Coordinator and was hired by the Town of Harwich to design their program. The program was funded through $250,000 Free Cash appropriation as a pilot program and Office of: Town Manager Select Board services 3- and 4-year-olds at up to $4,000 dollars per child, for a maximum of 59 children. These subsidies are awarded on a first-come first-served and the program overseen by the Harwich Council on Aging. From our meeting with Ms. Gilmore, we were able to glean some advice on best practices and lessons learned about implementing a new program and the state of childcare availability on the Cape, particularly on the Lower and Outer Cape. We also met with Cassie Boyd-Marsh of Bailey Boyd Associates, who is our current CDBG administrator and administers Truro’s town program. We have included the most recent enrollment data from Nauset Schools. From this data, we estimated that there would be approximately 110 to 120 eligible 3- and 4- year-olds. According to recent census data, births over the last few years have averaged about 50 a year. We are making the following recommendations regarding a potential pilot program in Brewster, which are followed by several decision points for consideration by the Board. Recommended Pilot Program: 1.Program would be offered to families with 3- and 4-year-olds (effective as of a certain date). Due to the number of children in Brewster, it is not financially viable to accommodate all children under 5. Also, most other Cape town programs target families with 3- and 4-year olds. Preschool is especially important to 3- to 4-year-olds’ developmental learning and transitioning to kindergarten. 2.Program would be funded at $250,000 from available surplus overlay funds for the initial 3-year period. The Town currently has a balance of over $1M in overlay. This is a stable funding source for the first 3 years that will not require using levy capacity or seeking an override. It will allow the Town to evaluate the program and assess its long-term viability. The Finance Team, including the Deputy Assessor, has discussed this financing plan and believes it is sustainable in the near-term. We would need to seek approval from the Board of Assessors. 3.Town would hire a firm to administrate the program. The Town does not have the internal capacity to run the program in-house. The CDBG program is run by an administrator and that has been effective and efficient. Due to the coordination between receiving town funds and potentially receiving CDBG funds, it is important to have professionals who are well versed in this arena to assist families. The Assistant Town Manager would be the direct contact for the program administrator since she already serves in that capacity for the CDBG program. The Town would promote the program and be available to answer questions from residents. 4.Program would be restricted to one child per family to be determined through a lottery. 5.Program would provide up to $4,000 per child and would serve up to 55 children. The $30,000 balance of the $250,000 program budget would cover administrative costs. 6.Program application and related materials would be created in conjunction with the administrator and using other town’s best practices. Discussion and Decision Points: 1.Determine age of children to be served. 2.Determine total program funding and per child stipend amount. Do we limit subsidy to one per family? Do we want to reduce the subsidy amounts to increase the number of eligible families? Confirm funding source. 3.First come, first serve basis versus lottery. Do families automatically qualify for subsidy in Year 2 if they receive subsidy for 3-year old in Year 1? 4.Are there any income eligibility requirements or is the program open to all families in Brewster? If approved, implementation for this program would begin for the 2024-2025 School Year (effective September 2024). SPS-10 Page 1 of 8 Towns of Brewster, Dennis & Wellfleet Childcare Subsidy Program FULL APPLICATION Thank you for your interest in applying for the Childcare Subsidy Program as part of an Executive Office of Housing and Livable Communities Grant. Eligibility for this program is income and residency based and as such, the following application will help us ensure that your family qualifies. A few things to keep in mind as you complete the application: • Applications are funded on a first come, first served basis. Incomplete applications will be delayed. • Income qualification is based on household size, therefore this application must be include everyone living in your home (including grandparents, live-in significant others, etc.) • Pay special attention to the attachments list at the end of the application. If you are unable to provide something listed, don’t hesitate to get in touch with us and we’ll do our best to find an alternative solution. • Once an application is approved, you and your childcare provider will be notified. A contract outlining the terms of the program will be sent to both parties. Billing for the approved child can begin as soon as the signed contract is returned to Bailey Boyd Associates, Inc. • The maximum award may be up to $6,000 per child, though the initial awards will typically range from $2,000-$3,000. • Families are required to contribute to the cost of care as well. The amount is based on the Massachusetts Early Education and Care co-payment chart and will be listed in the contract. • This subsidy may not be used in conjunction with any other childcare subsidies. If you are currently receiving or receive alternate funding you must alert us at once. • This application is confidential. The information in this application will be used to determine your family’s eligibility for subsidy funds that are subject to HUD regulations and income requirements. The application will be maintained at Bailey Boyd Associates, Inc. and will not be shared with town officials. Your name will be removed from the application previous to any audit by HUD or EOHLC. If you have any questions, please don’t hesitate to get in touch. Carol Bergen Bailey Boyd Associates, Inc. P.O. Box 1657 Provincetown, MA 02657 508-430-4499 x5 cbergen@baileyboyd.com 508-430-4498 (fax) SPS-10 Page 2 of 8 PART I: FAMILY INFORMATION. ▪ Parent/Guardian(s) Name: Address: Mailing Address: Telephone: (Day) (Evening) Email: ▪ Eligible Children: (Enter additional children onback) Name: Age: Childcare Program: Monthly Tuition Fees at Program: Name: Age: Childcare Program: Monthly Tuition Fees at Program: Name: Age: Childcare Program: Monthly Tuition Fees at Program: Name: Age: Childcare Program: Monthly Tuition Fees at Program: Name: Age: Childcare Program: Monthly Tuition Fees at Program: Name: Age: Childcare Program: Monthly Tuition Fees at Program: SPS-10 Page 3 of 8 Number of people in household: • Are any of the children listed above eligible for a Massachusetts Department ofEarly Education and Care voucher? Yes No • Are any of the children listed above currently receiving any other childcare subsidies or vouchers? Yes No Household Composition: Please list below the head of your household and all members who live or will be living in your home. Give the relationship of each person to the head of household. List Head of Household First Name Relationship to Head Date of Birth Employed/ Student ▪ Does anyone live with you now who is not listed above? Yes No ▪ Does anyone plan to live with you in the future who is not listed above? Yes No ▪ If either is “yes”, please explain _ _ _ PART II: INCOME CATEGORY. Please check asappropriate. 1) INCOME ELIGIBLE CATEGORY: If your present gross household income falls within the HUD Income Limit Guidelines (see the following income eligibility chart), you may qualify as an INCOME ELIGIBLE family, and receive the subsidy. Additional income information must accompany this application. Please check the box below and refer to the attached INCOME VERIFICATION REQUIREMENTS, and continue with the Employment Income Information. INCOME ELIGIBLE Income Eligibility Chart (80% of Area Median Income) Household Size Income Limits 1 $64,450 2 73,650 3 82,850 4 92,050 5 99,450 6 106,800 7 114,150 8 121,550 SPS-10 Page 4 of 8 PART III: EMPLOYMENT INCOME INFORMATION. Complete whether an employee or self-employed. • Are you a full-time resident at the address you entered on page 1? Yes No • Parent/Guardian Employed Unemployed, seeking employment Full-time student Employed by: Employer’s Address: Work Phone: Years worked for current employer: If employed on a seasonal basis, please supplydates: • Parent/Guardian #2 Employed Unemployed, seeking employment Full-time student Employed by: Employer’s Address: Work Phone: Years worked for current employer: If employed on a seasonal basis, please supply dates: NOTE: If there are other adults in the household currently employed or receiving benefits, please give details on the back of this sheet. PART IV. ANNUAL INCOME TOTALS: What is your household’s gross yearly income, from all sources? (Include all employers, benefits, pensions, public assistance, unemployment compensation, rental income, child support, etc for everyone over the age of 18 in the household.) ANNUAL INCOME Source Parent/Guardian Parent/Guardian Other Household Total Member 18 or older Salary Overtime pay Commissions Tips Bonuses Cash Public Assistance Interest and/or Dividends Unemployment Benefits Social Security, Pension Retirement Funds, etc. Workers Compensation, etc. Alimony, Child Support Net Rental Income Other (describe) TOTALS $ $ $ $ SPS-10 Page 5 of 8 PART V: ASSETS and LIABILITIES. Complete as requested. Assets: (Checking, Savings, Money Market, IRAs, CDs, etc. for everyone over the age of 18 in the household) Use back of page if needed. Type Cash Value Annual Income Name of Financial Account from Assets Institution Number Checking Account(s) Savings Accounts(s) CD’s IRA’s Stocks Life Insurance Other (describe) TOTALS $ $ $ $ PART VI: CONFLICT OF INTEREST Are you a municipal employee or locally appointed official? Yes No Do you work as a consultant or agent to the community? Yes No If so: 1. Position Title: 2. Department: 3. How did you hear about this program? 4. Note any potential conflict of interest & describe/attach resolution: _ _ SPS-10 Page 6 of 8 PART VII: VOLUNTARY INFORMATION REQUESTED Make additional copies of this form or use back of page if needed The following information regarding race, national origin, sex designation, marital status, disability status, and veteran status solicited on this application is requested in order to assure the Federal Government, acting through the Department of Housing and Urban Development, that Federal Laws prohibiting discrimination against program or tenant applicants on the basis of race, color, national origin, religion, sex, familial status, age, and disability are complied with. While you are not required to furnish this information, you are encouraged to do so. Please provide this information for each member of your household. Ethnic Category: Hispanic Non-Hispanic Sex: Male Female Race: White Black/African American Asian Asian and White American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander American Indian/Alaskan Native and White Black/ African American and White American Indian/Native Alaskan and Black/ African American Other (Multi-Racial) Check if applicable: U.S. Veteran Female Head of Household Elderly (over 60) Disabled . Ethnic Category: Hispanic Non-Hispanic Sex: Male Female Race: White Black/African American Asian Asian and White American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander American Indian/Alaskan Native and White Black/ African American and White American Indian/Native Alaskan and Black/ African American Other (Multi-Racial) Check if applicable: U.S. Veteran Female Head of Household Elderly (over 60) Disabled . Ethnic Category: Hispanic Non-Hispanic Sex: Male Female Race: White Black/African American Asian Asian and White American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander American Indian/Alaskan Native and White Black/ African American and White American Indian/Native Alaskan and Black/ African American Other (Multi-Racial) Check if applicable: U.S. Veteran Female Head of Household Elderly (over 60) Disabled . Ethnic Category: Hispanic Non-Hispanic Sex: Male Female Race: White Black/African American Asian Asian and White American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander American Indian/Alaskan Native and White Black/ African American and White American Indian/Native Alaskan and Black/ African American Other (Multi-Racial) Check if applicable: U.S. Veteran Female Head of Household Elderly (over 60) Disabled . SPS-10 Page 7 of 8 PART VIII: TRUTH STATEMENT I / We certify that all information given for the purpose of obtaining assistance under The Childcare Subsidy Program is true to the best of my/our knowledge. In addition, I give Bailey Boyd Associates permission to verify my income. Parent/Guardian Date Parent/Guardian Date (If Applicable) SPS-10 Page 8 of 8 APPLICATION ATTACHMENT CHECKLIST Please provide at least one item from each category below. Income and tax information must be compiled for every household member over 18 years of age. Proof of Address: Recent Bank Statement with applicant’s name and residential address OR Recent Utility Bill with applicant’s name and residential address 2021 Tax Return: 2021 Federal Tax Return only (Form 1040) and Schedule C, if self employed Income Verification: 8 weeks most recent consecutive paystubs per person, per job (Note: W-2s Not Accepted) 3 months most recent consecutive family bank statements if self employed A letter from your employer, on company letterhead, stating annual gross wages If receiving benefits, such as unemployment, social security, or disability: documentation confirming amount and over what time period funds are received. TO: Donna Kalinick, Jill Scalise, Town of Brewster FROM: Cassie Boyd Marsh, Bailey Boyd Associates, Inc. DATE: November 2, 2023 RE: FY21 Brewster CDBG Program Monthly Update Administration: The administration of the grant continues to go well, with funds moving steadily and EOHLC reports submitted on time with positive feedback. Housing Rehabilitation: The Housing Rehab program continues to make strong progress. Currently, there are 19 projects approved in the pipeline, after 1 project had to drop out. 12 homes are complete with another 3 complete except for the finishing high-risk de-leading work. 2 projects are under construction, and another 2 are just waiting for their ordered materials to arrive. Finally, the last project is about to be approved. With the last project ready to move forward, the program begins to move towards closeout for FY21. The window for change orders for the projects under construction is about to end. That will provide program staff with an exact ‘remaining funds’ total available for the final project. Meanwhile, program staff are going through the closed project files to ensure they’re complete, organized, and ‘audit-ready’ by the time the grant closes. The projects this year are spread as follows: Brewster: 6, Dennis: 8, Wellfleet: 5. Childcare Subsidy Program: The Childcare Subsidy Program is also making great progress and is almost completely encumbered for the year. With only $1,000 available to allocate to families, our focus now is on assisting families in utilizing their allocation prior to 12/31/23 when the grant ends. For families who won’t use a portion of their available funds, we discuss recapturing the portion that won’t be billed and reallocating it to assist a family in need. We’ve received 35 family applications, of which 25 have been approved. 37 children are utilizing funds. The breakdown of children by town of residence is: Brewster: 18 Dennis: 18 Wellfleet:1 June 22, 2022 Dear Parent or Guardian: The voters at Wellfleet's Town Meeting and the voters at the polls approved the Operating Budget Override so that the Town can continue to provide financial assistance to the parents and guardians of all Wellfleet children who have achieved the age of three years old or four years by August 31, 2022 to attend Pre-school. A child who lives in Wellfleet and who has been accepted by or already attends a licensed Pre-school program qualifies for tuition assistance for the school year from September 2022 through June of 2023. $100,000 for three year olds and $100,000 for four year olds which will be divided by the number of children who qualify a nd apply to determine the maximum available per child. For example, if twenty children apply, each would be eligible for up to $5,000 for the school year. The maximum assistance per year is $7,000 but could be less depending on the number of qualified applicants. The application form and a list of required documents are included in this mailing. If you are interested in applying for this assistance, please fill out and mail the application and the required documentation which must be received no later than August 1, 2022 and send it to: Town of Wellfleet Social and Human Services 715 Old Kings Highway Wellfleet, MA 02667 All applicants will receive notification once the deadline has passed and I know the number of children and the maximum allowed for FY20. If you have questions about the program please contact the Director of Community Services, Suzanne Grout Thomas at suzanne.thomas@wellfleet-ma.gov or by telephone 774-353-7456. Yours truly, Suzanne Grout Thomas "No one has yet fully realized the wealth of sympathy, kindness and generosity hidden in the soul of a child. The effort of every true education should be to unlock that treasure." Emma Goldman Town of Wellfleet Social and Human Services Committee 715 Old Kings Highway Wellfleet, MA 02667 508-349-0313 suzanne.thomas@wellfleet-ma.gov Name of child: __________________________________________ Date of birth: ____________________________________________ My child will be three (3) years old on or before August 31, 2022 to qualify for the first year of preschool My child will be four (4) years old on or before August 31, 2022 to qualify for the second year of preschool Name(s) of parent(s) or Guardian(s): _______________________________________________________ Wellfleet street address: ____________________________________ Number of years at this address: _____________________________ Mailing address (if different): _______________________________ Telephone: _______________________________________________ Email: ____________________________________________________ ___________________________________________________________ (Signature of parent or guardian) Date In signing this application, I verify that all information provided is accurate and truthful. I am aware this this is signed under penalty of perjury. Name of School: ___________________________________ Address: __________________________________________ Contact person: ____________________________________ Telephone: ________________________________________ Town of Wellfleet Pre-School Voucher Program 2022 Application Checklist Please provide hard copies of each Completed and signed application Copy of Birth certificate of child Utility bill in parent’s or guardian’s name at a Wellfleet address Copy of Wellfleet Real Estate Tax Bill in the name of the parent or guardian (if applicable) Proof of Residency o Voter in Wellfleet Yes ____ No ____ (Parent or Guardian) o On Wellfleet Street Census Yes ____ No ____ o Driver’s license with Wellfleet street address (provide copy) (Parent or Guardian) Yes ____ No ____ All three proofs must be provided before the application will be processed. CHILDCARE SUBSIDY PROGRAM INTRODUCTION TOWN OF DENNIS August 15, 2023 Dear Dennis Parent or Guardian: Funding was approved at the Dennis May 2, 2023 Annual Town Meeting to pay the costs of funding and administering a childcare subsidy program for birth through 5‐year‐old children of Dennis residents to attend a state‐licensed childcare program. Financial assistance will be provided for children who are born by August 31, 2023, and are not five years or older as of August 31, 2023. A subsidy in the form of direct payment to provider for one child per household up to a maximum of $2,400 will be provided for eligible families who meet the income threshold of 150% Average Median Income. Included are a Childcare Subsidy Program Overview, an Application Form and a Required Documents List. The application form includes questions to obtain information for verification of eligibility. Please note that additional documents or information may be requested by the Childcare Subsidy Program Administrator as needed. An application form and required documents should be completed and submitted by September 28, 2023 for the program period September 1, 2023 – August 31, 2024. Applications and required documents must be completed fully and returned to: Dennis Town Hall Attention: Childcare Voucher Program 685 Route 134 South Dennis, MA 02660 Or may be scanned and emailed to DennisCSP@town.dennis.ma.us with the subject line “CSP.” All applicants will receive notification once the application deadline has closed. If you have questions about the program, please contact us by email at: DennisCSP@town.dennis.ma.us CHILDCARE SUBSIDY PROGRAM OVERVIEW TOWN OF DENNIS Program Purpose: To provide childcare subsidies to Dennis residents whose children ages 0‐5 attend State‐licensed childcare programs, as defined by the Program Eligibility Requirements. Background: The Childcare Subsidy Program was approved by Dennis voters at the May 2, 2023 Annual Town Meeting (Article 42). The subsidy program is designed to provide financial assistance in the form of direct payment to State licensed childcare providers for residents of Dennis. Program Eligibility Requirements: Applicant Eligibility: A subsidy in the form of direct payment of $200 per month to State licensed childcare providers for up to 50 full time, year‐round residents of Dennis (maximum of $2,400 per household) will be provided for one eligible child who is not five years or older as of August 31, 2023 and meets a 150% Average Median Income parameter. Child must be enrolled a minimum of two days per week for eligibility. A completed application with all required documentation must be submitted for eligibility. Provider Eligibility: Eligible providers must hold a valid State‐license from the Department of Early Education and Care or the similar and the license must allow them to care for children 0‐5 years old. Documentation is required for eligibility. Copies of the Following Documents are Required: • Application – completed and signed • Child’s birth certificate (certified copy not required) • Proof of legal guardianship, if applicable • Driver’s License (or MA ID Card) of parent (or guardian) with Dennis address Dennis Real Estate Tax Bill in the name of parent (or guardian) OR Lease for a Dennis property in the name of the parent (or guardian) • Utility bill in parent (or guardian) name with Dennis property address All applicants will be notified of receipt of documents and application status. Applicants will not be considered eligible for the subsidy until all required documents are completed, submitted, and approved. Additional documents may be required. Application Deadlines: Application Must Be Received By: For Funding Period: September 28, 2023 September 1, 2023‐ August 31, 2024 Application Process: Applications and complete instructions will be available September 1, 2023. Funding Allocation: Total subsidy for each eligible child shall not exceed $2,400 for the course of the year. CHILDCARE SUBSIDY PROGRAM APPLICATION TOWN OF DENNIS APPLICATION FOR CHILDCARE VOUCHER PROGRAM Please complete one application per household Applications must be completed fully and returned to Dennis Town Hall, Attn: Childcare Voucher Program, 685 Route 134 South Dennis, MA 02660 or to DennisCSP@town.dennis.ma.us with the subject line “CSP” by Thursday, September 28, 2023 at 4 pm PROVIDER INFORMATION List all licensed childcare programs attended by this child Name of Program Provider 1: _______________________________________________________________________ Address of Program: _____________________________________________________________________________ Program Contact Person: ___________________________ Program Hours: ___________________________ Program Phone Number: ___________________________ Program Email: ___________________________ Name of Program Provider 2: _______________________________________________________________________ Address of Program: _____________________________________________________________________________ Program Contact Person: ___________________________ Program Hours: ___________________________ Program Phone Number: ___________________________ Program Email: ___________________________ ELIGIBILITY INFORMATION Answer the following questions to determine eligibility and funding allocations. Parents/Guardians are eligible up to 150% Average Median Income Child’s Name: _____________________________________Child’s Date of Birth: ______________________________ Name(s) of Parent(s) or Legal Guardian(s): 1_______________________________________________________ 2_______________________________________________________ 3_______________________________________________________ Street Address: __________________________________________________________________________________ Mailing Address: _________________________________________________________________________________ Phone Number: __________________________________ Email: _________________________________________ Total Annual Household Income: ______________________________ Household Size (Number of Persons): ______________________ Number of Children in Childcare ______________ Estimated Monthly Childcare Cost for This Child: _____________ Other Childcare Subsidy Received for This Child?