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HomeMy Public PortalAboutPart 2 Spring 2024 TM Applications Packet1 TOWN OF BREWSTER SPRING 2024 COMMUNITY PRESERVATION COMMITTEE APPLICATION: 0 MAIN STREET/WASHINGTON CHASE BOG Old Washington Chase Cranberry Bog Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property) February 9, 2024 2 „k eir6rga'ktti.t? '''' au 4 CO IMing ,- %ORPURAi ,° ` * i. - ix s7. APPLICATION FOR COMMUNITY PRESERVATION BREWSTER BICENTENNIAL Date: February 9, 2024 Name of Applicant: Brewster Open Space Committee Contact Individual: Elizabeth Taylor, Chair Mailing Address: Town Hall 2198 Main Street Brewster, MA 02631 Daytime Phone: 774-216-1659 e-mail: " etaylor())brewster-ma.goy" Name of Proposal: Washington Chase Bog 4 Address of Proposal (or assessor's parcel ID: 0 Main Street and a portion of 3571 Main Street, (126-4;126- 5: 126-9 and a portion of 114-60) PROJECT SYNOPSIS: The Town of Brewster is working with the Brewster Conservation Trust (BCT) to protect a 12.36 -acre parcel known as the Washington Chase Bog, comprised of 7.33 acres of upland and 5.04 acres of wetland. The property is located on the north side of Main Street in East Brewster. BCT is purchasing the property and asking the Town to share the cost, by purchasing the Conservation Restriction. Previously having been run as a campground and a working cranberry bog, it remains atypical pine -oak woodland with existing paths and vehicle tracks running through the property. The wetland areas are now overgrown with trees and vegetation, which BCT would like to restore to a natural wetland (fresh marsh) habitat. The bog drains under the rail trail into Namskaket Marsh. This has the potential to be the most visible bog to marsh ecorestoration project on Cape Cod, along the historic Old Kings Highway. Aft. 3.A & 3.B. Restoration/protection of this parcel would contribute to the scenic and natural character of Brewster and will enhance the open -space value of these and nearby lands. The parcel is proximate to land already conserved, including 1700+ acres of contiguous open space owned and operated by the Massachusetts Department of Conservation and Recreation (DCR)- Nickerson State Park. It also abuts the DCR Cape Cod Rail Trail on its northern property boundary, which in turn abuts land owned and conserved by the Brewster Conservation Trust and connecting through to the 120+ acre Namskaket Marsh Town Conservation Area. Att. 3.K. The Town Select Board, Town Manager, Natural Resources Department, Conservation Commission, and Open Space Committee support the purchase of a Conservation Restriction (CR), as does the Brewster Conservation Trust (BCT). Att. 2. Category (circle all that apply): OPEN SPACE Historic Preservation RECREATION Community Housing CPA funding requested $225.000. Plus extra? Total Cost of Proposed Project$ includes Sx to cover associated expenses, such as surveys, legal work, etc. more or less $?? Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgarn property) February 9, 2024 3 1.PROJECT DESCRIPTION: The Town of Brewster is working with the Brewster Conservation Trust (BCT) to protect a 12.36 -acre parcel known as the Washington Chase Bog, comprised of 7.33 acres of upland and 5.04 acres of wetland. The property is located on the north side of Main Street in East Brewster. Previously having been run as a campground and a working cranberry bog, it remains a typical pine -oak woodland with existing paths and vehicle tracks running through the property. It is generally level, although the southeast border, near Main Street, slopes up steeply. Due to the steepness of this slope, there are guard rails along Main Street in this area. The wetland/bog areas are now overgrown with trees and vegetation, which BCT would like to restore to a natural wetland (fresh marsh) habitat. The bog drains under the rail trail into Namskaket Marsh. Att. 3.C.& 3.I. Restoration/protection of this parcel would contribute to the scenic and natural character of Brewster and will enhance the open -space value of these and nearby lands. The parcel is proximate to land already conserved, including 1700+ acres of contiguous open space owned and operated by the Massachusetts Department of Conservation and Recreation (DCR)- Nickerson State Park. It also abuts the DCR Cape Cod Rail Trail on its northern property boundary, which in turn abuts land owned and conserved by the Brewster Conservation Trust and connecting through to the 120+ acre Namskaket Marsh Town Conservation Area. Aft. 3.B. This East Brewster property had been on BCT's radar for strategic acquisition for the past 40 years, since they received a donation of 21 acres on Mitchell Lane to the north. The late Ms. Marian Dalgarn inherited the property from her father Washington Chase (1913-2008) who lived to be 95 years old. He ran a campground and cranberry bog on the property after World War II for most of his remaining years. BCT intends to purchase and protect in perpetuity, this highly visible, strategically located upland and wetland property with the potential to be the most visible bog to marsh ecorestoration project on Cape Cod, along the historic Old Kings Highway. Att. 3.G. & 3.H. 2. CPA GOALS/CRITERIA: The goals of this project encompass a number of the Community Preservation general criteria areas for community preservation and enhancement serving the purposes of Open Space and Recreation; saving resources that would otherwise be threatened; leveraging public funds and enhancing existing Town resources; all contributing to the preservation of Brewster's unique character. Preservation of these 12.36 acres will provide: Open Space Protection b+: ❑ Permanently protecting important wildlife habitat, including areas of significance for biodiversity, diversity of geological features and types of vegetation, containing a habitat type that is in danger of vanishing from Brewster or preserving habitat of threatened or endangered species of plants or animals Biodiversit. ' . The parcel lies in close proximity (200 to 300 feet) to areas designated as BioMap Rare Species Core Habitat and BioMap Critical Natural Landscape 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. This parcel connects hydrogeologically to land conserved by the Brewster Conservation Trust and Town of Brewster at Namskaket Marsh, part of an Area of Critical Environmental Concern. Att. 3.E. Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property) February 9, 2024 4 The parcel is also home to rare Eastern Box turtles (Terrapene carolina carolina, a species of Special Concern), Fishers, coyote dens, and waterfowl, all documented by retired biology professor, current landowner David Dalgarn Att. 3.L2. Water Quality And Wetlands Protection of vegetated upland buffers can help maintain water quality within wetlands and connected groundwater. In turn, protected wetlands can improve water quality by removing pollutants from surface water runoff from surrounding property. The wet meadow wetlands on the parcel provide valuable habitat for a diverse array of wildlife species as well as provide the many other public benefits of wetlands protection recognized by the Commonwealth of Massachusetts (Section 40 of Chapter 131 of the Massachusetts General Laws). Habitat Restoration Protecting the parcel 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. BCT would like to explore the restoration of the bog, back to its natural wetland (fresh marsh) habitat. Unique soils The parcel specifically encompasses 5 acres± of Farmland of Unique Importance and 4.7 acres± of Prime Forest Land as identified by the USDA Natural Resources Conservation Service. The protection of the property will promote healthy soils and healthy soils practices as such terms are defined in Chapter 358 of the Acts of 2020, which added definitions of these terms to Section 7A of Chapter 128 of the Massachusetts General Laws. Att. 3.D. & 3.F. D Enhancing or protecting wildlife corridors, promoting connectivity of habitat and prevent fragmentation of habitats. As indicated above, this parcel is proximate to land already conserved, including 1700+ acres of contiguous open space owned and operated by the Massachusetts Depai tment of Conservation and Recreation (DCR)- Nickerson State Park. It also abuts the DCR Cape Cod Rail Trail on its northern property boundary, which in turn abuts land owned and conserved by the Brewster Conservation Trust and connecting through to the 120+ acre Namskaket Marsh Town Conservation Area. The Chase Bog knits these lands together allowing wildlife corridors to connect from NSP thru to the saltmarshes. Att. 3.K. Preservation of these 12.36 acres will also provide: Recreational Benefits bv: © Providing opportunities for passive recreation and environmental education available to all ages of Brewster residents and visitors. ❑ Providing connections with existing trails or potential trail linkages connects to conservation areas ❑ Preserving scenic views or bordering a scenic road. When the Town of Brewster updated its Open Space and Recreation Plan (OSRP) in 2021, additional goals were added including preservation of a variety of rural recreational activities and high -quality natural environments in close proximity to all residential areas. It stresses that recreation opportunities are incredibly important for a healthy and vibrant community. Recreation provides a common ground focused on inclusivity while fostering a culture of health and well-being in our community. Residents are looking for more recreational opportunities for all ages. Respondents to the OSRP survey highlighted the need for future open Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgarn property) February 9, 2024 5 space and recreational planning to focus on walking and hiking trails, specifically those that are accessible. The Brewster Vision Plan also highlights the need for more walking trails. Public Access The Massachusetts Statewide Comprehensive Outdoor Recreation Plan (SCORP) is a planning document that discusses the available recreational resources in the Commonwealth, along with the needs of its residents, and identifies the gap between them. This land acquisition will support the SCORP trail initiative by providing an easily available new trail that connects to a number of existing trail systems. The state has indicated that Brewster needs to provide more accessible trails and this parcel lends itself to an interior ADA-feasible trail leading from the Cape Cod Rail Trail to see the bog. Public access to the parcel will be allowed for passive outdoor recreation, education, and nature study. Att. 4.A -4.D. The property abuts 1,100 feet of the DCR Cape Cod Rail Trail, preserving scenic vistas for users of the rail trail and providing the opportunity to expand walking rail connections between Nickerson State Park, the Rail Trail and Cape Cod Bay beaches • Is across Main Street from 1700+ acres of contiguous open space owned and operated by the State Division of Conservation & Recreation (DCR) as Nickerson State Park, the most popular campground in the DCR system; • Abuts the DCR Cape Cod Rail Trail, the most popular DCR facility on Cape Cod; • Fronts on Mass. Route 6A for 600 feet, protecting a rural scenic view enjoyed by 12,000 motorists (average) each day, in the Old Kings Highway Regional Historic District, the largest historic district in the US; • Fronts Route 6A, named one of ten Most Outstanding Scenic Byways in America in 1993 Att. 3.J. 3. COMMUNITY BENEFITS: This acquisition will provide multiple benefits to numerous populations. The current population of Brewster (9,765 - Town Clerk, Jan 2024) will benefit, as will Brewster's 35,000+ annual visitors, many of whom will be able to enjoy this area. Brewster voters have been approving land acquisition for over 60 years, accumulating over 1,200 acres to protect their drinking water and surface waters, wildlife corridors, rare and endangered species habitats, seacoast and massive recreation areas. This parcel has been identified as important for habitat and wildlife corridor protection, as well as providing excellent recreational trail connections. It has been endorsed by the Select Board, Town Manager, Natural Resources Department, Conservation Commission, and Open Space Committee. Recent Town of Brewster surveys found that residents value the preservation of public lands for accessible peaceful recreation. In 2018, the Town completed the Vision Plan, the result of a significant public participation process which included three series of workshops and a public survey to gauge the importance of actions to achieve the vision. The Vision Plan is built on eight "building blocks", one being Open Space. These building blocks received the highest rankings of importance in the public survey. Throughout the planning process, citizens noted the contribution of open space to Brewster's character, the protection of water resources and natural habitat, and passive recreation. In 2021 The Town updated its Open Space and Recreation Plan in 202, including a survey of Brewster residents to obtain their views on the Town's open space and recreation priorities. Pertinent goals and objectives from the updated OSRP include: Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property) February 9, 2024 6 For Open Space: • Provide more walking trails and expand ADA access to recreational areas. • Provide open space and recreation opportunities that maintain Brewster's rural character • Acquire and protect upland wooded, open field, coastal, and wetland parcels that preserve and enhance community character. • Protect open space for the purpose of preserving Brewster's unique and fragile ecological habitats and augment the Town's network of wildlife corridors. Brewster Conservation Restriction Program Brewster has adopted a Conservation Restriction Program 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 prevent the cutting of trees; o preserve a scenic view; o prevent disturbance of wetlands; o preserve important natural habitats; and, o limit or prevent construction on land of natural resource value. Granting this Conservation Restriction, for the reasons outlined above, aligns with the goals of the Town of Brewster's Conservation Restriction Program. The Wildlife and Plant Habitat Goal will be advanced because the property contains important pine -oak woodland upland and wetland habitat and is in close proximity to Natural Heritage and endangered species Program (NHESP) Priority Habitat of Rare Species, and BioMap Core Habitat and 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. The Town of Brewster values land conservation and the preservation of open space to maintain the Town's rural, small town character. The Town also values increasing the quantity and quality of its open space -- looking at high priority ecological contributions of properties. Consistency with Clearly Delineated State Conservation Policy The protection of the parcel supports the Massachusetts Statewide Comprehensive Outdoor Recreation Plan (SCORP) 2017 goal to support the Statewide Trails Initiative, specifically, to support the acquisition of land and development of new open spaces that can provide or connect with a trail network. This objective is supported by providing the opportunity to expand walking rail connections between Nickerson State Park, the Cape Cod Rail Trail and Cape Cod Bay beaches. Climate Change Resilience The majority of this parcel (two thirds) is identified as an area of average to slightly above 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. Preventing clearing of the forested areas also helps to moderate temperatures, an important factor in mitigating climate change. Climate resilience will be enhanced by preserving this wetland and restoring the old bog back to a more natural wetland with freshwater marsh and shrubs. Some of these wetlands have reverted to their Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgarn property) February 9, 2024 7 natural vegetative state and now provide important wildlife habitat, flood control and storm damage prevention, and work to greatly improve water quality. Att. Li. For Recreation: • Provide a variety of recreation and open space opportunities to promote healthy and active lifestyles for Brewster residents, ensuring equitable access for all users and abilities. • Acquire and protect lands of recreational value. • Enhance walking and biking opportunities that connect residential areas with open space and recreational resources. This property meets these goals in providing connections to Town, BCT and state open space, preserving rare and native species, allowing for both open space and recreational opportunities, and offering members of the community options for local walking and birding activities. Connecting resources with walking and biking networks allows residents to access areas without using their vehicles, which helps reduce air pollution and promotes healthier choices. The state has indicated that Brewster needs to provide more accessible trails and this parcel lends itself to an interior ADA-feasible trail leading from the Cape Cod Rail Trail to see the bog. This acquisition fits squarely within these goals and purposes, clearly reflecting the priorities and vision of Brewster's residents. Massachusetts Statewide Comprehensive Outdoor Recreation Plan SCORP 2017 The most recent SCORP identified several priority goals, including the goal of providing open space access to underserved areas. Brewster is an Environmental Justice community and has protected open space acres per capita that is about average in the county. The SCORP supports an increase in trails statewide, increase in water -based activities, and conservation of properties that allow community members and individuals within the neighborhood to experience outdoor recreation close to home. Specifically, the Washington Chase Bog purchase will conform with the Plan's Goal of "Supporting the Statewide Trails Initiative" with Objectives: 1) Support the acquisition of land and development of new open spaces that can provide a trail network and 2) Fill in the gaps of existing trail networks. In addition, the extensive residential areas of East Brewster will benefit from this new open space closer to their homes. Protecting a State Priority Preservation Area/Support of Cape Cod Commission's Regional Policy Plan The Cape Cod Commission's 2018 Regional Policy Plan (RPP) guides development and land use in the county. Protection of this property supports the RPP's goals: 1) (wildlife and plant habitat) to protect, preserve or restore wildlife and plant habitat to maintain the region's natural diversity, 2) (open space) to maintain or increase the connectivity of open space, and 3) (open space) to conserve, preserve or enhance a network of open space that contributes to the region's natural and community resources and systems." Massachusetts Heritage Landscape Inventory Program Further, this purchase will protect the road frontage along Main Street, a Town Scenic Road identified in the 2007 Massachusetts Heritage Landscape Inventory Program for Brewster as a Transportation feature worthy of protection in the plan. Workin. with Native American Tribes The Brewster Conservation Trust has been in negotiation with the Native Land Conservancy, Inc. on a Cultural Agreement to work together on reviewing properties of mutual interest for their cultural significance and to develop educational programs together to inform the public about the cultural significance of these BCT Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgarn property) February 9, 2024 S properties, and the importance of the history of Native peoples on these lands. BCT also helped to financially sponsor the NLC in its founding year of 2012, incorporating properties such as the Washington Chase Bog. Working with BCT to further inform residents and visitors about the cultural significance of Brewster properties would serve to support and enhance Brewster's inclusion and diversity goals. 4. COMMUNITY SUPPORT: The Brewster Conservation Trust (BCT) has a full-time land Stewardship Coordinator, assisted by an AmeriCorps member and an active covey of volunteers/trail crew. A volunteer Land Monitor walks their trails at least monthly and reports on any management issues. BCT will own the parcel, while Brewster will purchase a perpetual Conservation Restriction. The Town Select Board, Town Manager, Natural Resources Department, Conservation Commission, and Open Space Committee support this purchase of a Conservation Restriction. Letter of Support is Att. 6. S. CREDENTIALS: The Brewster Conservation Trust will have custody and control of this conservation area. The Town of Brewster will hold the Conservation Restriction, which will enable it to also participate in maintenance and management of this conservation area. 6. TIMELINE: May 2023 July 2023 October 2023 November 2023 Dec 2023 February 2024 May 2024 June 2024 June 2024 July -2024 Offer accepted by Dalgarn State Conservation Partnership Grant submitted. By BCT Purchase and Sale signed between BCT and property owner State grant awards announced State contract signed CPC application for Funding for CR Town Meeting approval CR approved for local signatures Brewster Conservation Trust purchases property; CR conveyed to Town of Brewster Dedication/celebration Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgarn property) February 9, 2024 9 7. BUDGET: This Conservation Restriction acquisition would be funded through the Town's Community Preservation Fund. The Open Space Committee recommended the purchase. Town Meeting approval will be sought at Special Town Meeting in Spring 2024. PROPOSED PROJECT COSTS AMOUNT COMMENTS BCT Expense Items Survey Appraisal of 12.36 acres Land purchase cost by The BCT Miscellaneous due diligence for closing TOTAL PROJECT COSTS PROPOSED PROJECT FUNDING SOURCES Town Community Preservation Fund State Partnership Grant: State Partnership Grant -BCT application CPA PROJECT FUNDING $ 1,000 $ 3,000 $ 500,000 S 2.660 $ 506,660 $ 225,000 $ 175.000 $ 225,000 Appraisal Company of Cape Cod (2023) Bargain sale negotiated Dalgarn & BCT 2023 Legal services, Registry fees, etc. to be voted at Special Town Meeting, Spring 2024 (includes to cover legal and other expenses) 50% of eligible costs (not to exceed $175,000) Town of Brewster 8. MAINTENANCE: The Brewster Conservation Trust will have custody and control of this conservation area. The Town of Brewster will hold the Conservation Restriction, which will enable it to also participate in maintenance and management of this conservation area. Brewster's Natural Resources and Conservation Departments are responsible for the administration of the Town's wetlands protection bylaws and regulations and open space planning and management. Recognizing that staffing is limited in these departments, the Town relies on partnerships for the upkeep and management of the conservation areas and natural resources: • The Brewster Conservation Trust will participate in maintenance/management of this conservation area. • The Brewster FLATS (Friends of Land, Aquatics, Trails & Shellfishing) group works with the Natural Resources Department and helps maintain Brewster's open space and recreation areas. • Local Scouts and other civic and community groups also help to maintain trails, trail markings, and clean- up of Brewster's public open spaces. More than half of respondents to the OSRP survey indicated that conservation volunteering was important in future planning of open space and recreation. 9. SITE CONTROL AND APPRAISAL: The Draft Conservation Restriction and State Application form for Conservation Restriction is Att. 5 Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property) February 9, 2024 10 Deed of Record Att. 7. An Appraisal of the property's value by a licensed appraiser using customary appraising techniques is Att. 8 Appraisal Summary: CATHERINE HAMMOND APPRAISAL COMPANY OF CAPE COD, INC. 170 ROUTE 6A, PO BOX 1655 ORLEANS, MASSACHUSETTS PHONE (508) 255-8822 Opinion of Market Value: $800,000 June 19,2023 The Brewster Open Space Committee February 9, 2024 Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property) February 9, 2024 11 LIST OF ATTACHMENTS 1. Town Meeting Article (draft) authorizing CR purchase (to be voted May 2024) 2. Town Authorization 3. Resource Maps A. USGS Topographic Locus Map: USGS 1974 Harwich MA Quadrangle USGS B. Assessor's 2023 Locus and Road Map C. 2014 Aerial Photo D. USGS Surficial Geology Map, 1962 E. 22022 Assessing Map showing BioMap Core Habitat and BioMap Critical Natural Landscapes F. Primal Forest Soils G. Survey Plan of Record, 1989 H. Survey Sketch Locus 2023 I. Freshwater Wetlands indicating 50' and 100' Buffer Zones J. Old Kings Highway Regional Historic District K. Protected Open Space L.1. Climate Resilience -The Nature Conservancy L.2. Mesa -Listed Rare Species Documentation — Eastern Box Turtle — Terrapene carolina carolina 4. Site Photographs, 2023 A. Boundary Abutting Cape Cod Rail Trail — Washington Chase Bog B. Overgrown Wetland — Washington Chase Bog C. Interior Vehicle Tracks — Washington Chase Bog D. Trail Visitor — Washington Chase Bog 5. Conservation Restriction Forms Draft Conservation Restriction —Brewster Conservation Trust to Town Conservation Commission (first page only) 6. Letters of Support Brewster Conservation Commission: Michael Tobin, Chair 7. Site Background: Deed of Record S. Appraisal Report: CATHERINE HAMMOND Appraisal Company of Cape Cod, Inc. — June 2023 (excerpt)Value of land Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgarn property) February 9, 2024 12 ARTICLE NO. XX: CONSERVATION RESTRICTION ACQUISITION: 0 MAIN STREET To see if the Town will vote to authorize the Select Board to acquire a perpetual conservation restriction under MGL Ch. 184, Secs. 31 through 33, on a parcel of land designated on Brewster Assessors' Map 126 as Parcel 4, 5 and 9 located at 0 Main Street, and a portion of the parcel currently designated on the Brewster Assessors' Map 114, Parcel 60 located at the rear of 3571 Main Street in Brewster, Barnstable County, Massachusetts, consisting of 12.36 acres as shown on a plan of land entitled, "Survey and Plan of Land in Brewster, Mass. as claimed by Washington E. & Mary F Chase, Scale 1 in = 60 ft. March 10, 1989, East Cape Engineering, Orleans MA." and recorded in the Barnstable County Registry of Deeds as Plan Book 459, Page 75, and as more particularly shown as Lot 2 and Lot 3 on a plan of land entitled, " Lot Study Sketch for Property at 3571 Main St, Brewster, MA 02631 Prepared for Brewster Conservation Trust, Scale 1 in. = 80 ft, July 3, 2023, Soule Land Surveying." 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 MGL Ch. 40 Sec. 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 it is acquired; to transfer from available funds, including, without limitation, the Community Preservation Fund, the sum of Two Hundred Twenty -Five Thousand and 00/100 Dollars ($225,000.00) to pay costs of this acquisition, and all other costs incidental and related thereto; further, 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) Attachment 1. Town Meeting, Article (draft) authorizing CR purchase (to be voted May 2024): Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property) February 9, 2024 13 Attachment 2. Town Authorization: Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgarn property) February 9, 2024 Tnw.•• Kreler sel Pond • pond . Carrrgr„i ld: ,i FIa .r PO PI ! {• 1 iv 4 - Picnic Are. • _ 1 (I I'J,ld n• N I (• R E R () N r ��rli lY /rat rr Porn, ORI A S -..: _ • . T -..� .. A. j Main^: r/°► ATTACHMENT 3 A: USGS Ton op ranhic Locus Man: USGS 1974 Harwich MA Ouandran ele USGS — Washi ngt on Chase Rog NOTE: BCT will purchase all 14 acres, but this grant application is only fo r the 12.4 acres ATTACHMENT 3 B: Assessor's 2023 Locus and Road Map — Washington Chase Bog ATTACHMENT 3 D: USGS Surficial Geology Map, 1962 — Washington Chase Bog • - - r fro Si. 4; I+d AT+ v 1. n n Surficial Geologic Map of the Harwich Quadrangle, Massachusetts Compiled by B yron D. Stolle and Mary L. DiGri,Coillo-CobeIl 2009 t. ■' YBIs[ia M Sr C lrtlrlct .d riit--l .tittt nwcr a, W s ul manmad e nx awrtai , 1tu h n,c, h en alaii:r:nflt tmpta r mitt 4.1) in htti n-a ,,i..) trcites ii •entnntkm .m, anal en s n. ' rem+ atu. Li ar: t, ft i ll.. wtmAdt `relivroc114 :w ;. n/ Gtrkat.<.aMnl uertauci.. 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Ira sepal/m e Pa*ti ri; avtt Llyvt , t,.ra aily atY poorly s.col .ul KA1 .5cg t arartrih d c t s itu ct r,, ti.tnal Y11L•tp.,e related v. welne; :tr ue ..tictae. mid kt'.;w•l Jess :tt..,;... estp .to.) t ant xn: of poet and sand v,i!Z;:c uk7itrza3 bt is and al adl-rn:hn taytr. Sant azd ?Live; layers ytner- 1!v fake: It ;at 2t k. Sot ptr,'tal gt ..ei i:1 ,A and Seem Sit to 75 !ta=unt *and parit 4tf ,net ,tr: wcil it pasty. ;+:eves,;, tiaiWu rq inay tie :lt;bttt.^.1 sus I:ndtcti due Ur it,tittt ....:it..eui ,dis •.,r. JJr x.1 tkpih..tt Iit .rut t'seu Warn . t•t tte, .hive to fiat. Nara; ...+eat ntt11 .} in m 0441241" 4' rted 4yci, C,-n-trt natty yri to 21 Jnrrc<mt ut;ie<1 pct: s, . !.juts!;} gtacules :.rit 1isets4•': ;;stet Et, L::,at contain mtitit ti: van . • t 't1 . WAY L1.n (3Inciaar usirine fit* tkp v.t h include vin fine land. silt, and clay ikal trade as well-xitl si, thin layers of alter nauny stilt and clay, .e thlt•Yet,larta of VOry tine sand and sal . Vey fine sand ttum netnl s zeuts at the--us-twe and ;laden Joitn ward ndn thythmitalI hrikk i xilt mil cW.. %arw•s. !M all?: Otis map unif rnsr sn.tudc arras underlain tee sine sd • � . BioM ap Critical Natural LandscapQ Q.Qnvnt*f east ks r C k 6 La, m:-; uatic Core" • ATTACHMENT 3 E: 2022 Assessing Map Showing BioMap Core Habitat and Bio Map Critical Natural Landscapes — Washington Chase Bog 1' ORL $ Attachment 3 F: Primal Forest Soils — Washington Chase Bog appfif NOTE: The northern half of the locus 12.36 acres includes Prime 1 forest soils ■ Prime 1 3,= Prime Forest Land • Prime 1 • Prime 2 ® Prime 3 [j Statewide Importance 0 Local Importance • Prime 3 Wet Statewide Importance Wet ® Local Importance Wet n Unique Wet 0 Non -Forested Land 30(1 4. sl-,rs l' arz. '10s(5`rE�l 4 Afi S. Ay u. n.+. tt> +bY oco wA8s3fs..g6T-8i.1 It, �,. MA2Y F. GW,9s4ir -co otca s` co M r.ce,:lcc, wTc, R Jb fr S -e_+ ss- .r..lc', aa,..W R,r y. w.au lu .s ti a 0. Ik'ii .0 . 1 .119 4/$11 w.w,u u.5w l' cola• • ur,.vw, 5u + i,,.be: 1.A.12a w,+, r. ... IC ...AC R1, 1.,. 5+tom+ is 5 is, r 5<".F .n .. , uuM. ae.. ..w. • ono/p2,w4,.,r.n. . .... .. -,.,r• — Attachment 3 G: Survey Plan of Record, 1989 BCT will also pur- chase this cottage and 1,6 acres for its mission, but is not part of the grant application / N n' LOCUS PA RCEL IS 12. 36 ACRES TOTAL (5. 04 ACRES FRESHWATER WETLAND AND 7.36 ACRES UPLAND) LOT STUDY SKETCH BREWSTER CONSERVATrON TRUST 6 Attachment 3 H: Survey Sketch Locus 2023 — Washington Chase Bog NOTE: The Chase Bog drains west and north under the CC Rail Trait to empty into Namskaket salt marsh on Cape Cod Bay. tl Y [,EP Wetlands ffi weer befry rrw Wetlands Mr Buffer A Wettands 100' Buffer .'t Attachment 3 I. Freshwater Wetlands Indicating 50' and 100' Buffer Zones — Washington Chase Bog Fi4st')ric DtstflCt Attachment 3 J: Old King's Highway Regional Historic District — Washington Chase Bog TAWASE! THAa. fa�i k; `ilaiht : J� 0 s*na MA DCR NICKERSON STATE PARK Federal ■ OCR -State Parks Recreation DCRS/DFG I Department of Fish_Game DCR-Urban Parks_ Recreation II OCR -Water Supply Protection Department of Agricultural Resources Commonwealth of Massachusetts ■ County Municipal I Public Non -Profit Land Trust Conservation Organization Non -Profit Private ttachment 3 K: Protected Open Space — Washington Chase Bog c -s tNatti re, Resilient Land Mapping T ool Resilient Sites iCustomized> Most resilient More resilient • Slightty mo a resilient Average or Median Resilience Shabby Less Resilient ▪ Less Resilient III Leas' Resilient ▪ Gee°eiopee Migratio n Space for Tidal Habitat Resilient Tidal Habitat V ►ineraoie Tidal Habita ▪ Sea Level Rise Area a Natufa CorK= Hass E;, :asai:a Esti HERE Gamin . €NCRE.'F" . Attachment 3 11: Climate Resilience - The Nature Conserv ancy — Washington Chase Bog September 10, 2015 Hello Mark, Thanks for stopping by today . Attached are two box turtle photos . Turtle 1's shell was approximately 5-6 inches l ong on the long axis while turtle 2's shell was only 2.5 inches long on the long axis. Turtl e 1's photos was taken on July 28 along the road behind our house while turtle 2's ph oto was taken just three hours ag o in our front yard (approximately 20 feet from wher e you were sitting). The white stuff on turtle l's face was mushr oom r esidue (looks like it has f angs) . David S. Dalgarn, Ph. D ASSOCIATE PROFESSOR OF BIOLOGY(retired) SAGINAW VALLEY STATE COLLEGE, UNIVERSITY CENTER MI Attachment 3 L2: Mesa Listed Rare Species Do cumentation — Eastern Box Turtle - (Terra,pene carolina carolin a) - Washington Chase Bog 4A. Boundary abutting Cape Cod Rail Trail — Washington Chase Bog 14 Washington Chase Bog Conservation Restriction Brewster, Mass. GRANTOR: Trustees of the Brewster Conservation Trust GRANTEE: Town of Brewster, Conservation Commission ADDRESS OF PREMISES: Lot 2 and Lot 3, 3571 Main Street (MA Route 6A), Brewster, MA FOR GRANTOR'S TITLE SEE: Barnstable County Registry of Deeds at Book , Page FOR GRANTOR'S PLAN SEE: Barnstable County Registry of Deeds at Book , Page GRANT OF CONSERVATION RESTRICTION I. STATEMENT OF GRANT 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, MICHAEL T. LINDGREN, 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, for my successors and assigns ("Grantor"), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws, grant, 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 through its Select Board by authority of the vote taken under Article _ of the _ Town Meeting of the Town of Brewster, an attested copy of which is attached hereto as Exhibit C and, acting by and through its Conservation Commission by authority of Section 8C of Chapter 40 of the Massachusetts General Laws, their permitted successors and assigns ("Grantee"), for consideration of TWO HUNDRED AND NINETY FIVE THOUSAND and 00/100 DOLLARS ($295,000.00), IN PERPETUITY AND EXCLUSIVELY FOR CONSERVATION PURPOSES, the following Conservation Restriction on land located in the Town of Brewster, County of Barnstable, Commonwealth of Massachusetts, containing the entirety of a 12.4 -acre parcel of land ("Premises"), which Premises is more particularly described in Exhibit A and shown in the attached reduced copy of a survey plan in Exhibit B, both of which are incorporated herein and attached hereto. The Conservation Restriction was acquired utilizing, in part, Community Preservation Act funds pursuant to Chapter 44B of the Massachusetts General Laws, which funds were authorized for such purposes by a vote of the Town of Brewster Town Meeting held on , an attested copy of which vote is attached hereto as Exhibit C (the "CPA Vote"). Pursuant to Section 12(b) of Chapter 44B of the Massachusetts General Laws, and pursuant to the CPA Vote, the fee interest in the Premises, and therefore the management of the Premises, is under the care, custody, and control of the Conservation Commission of the Town of Brewster. Attachment 5. Draft Conservation Restriction - Brewster Conservation Trust to Town Conservation Commission to (first page only) Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property) February 9, 2024 15 Attachment 6. Letter of Support: Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgarn property) February 9, 2024 16 Bk 23O8S P *155 *41764 08-05.20Oa A 12 a 56v Pt QUITCLAIM DEED • MARIAN DALGARN, 1693 Lathrup Avenue,SA$'iaw, MI ,.48838, as individual and as Executrix of the Estate of Washington E. Chase, derristable Probate No. 08P0174EP1, In consideration of ONE DOLLAR 41.00), paid, grants o MARIAN DALGARN and DAVID S. DALGARN, husband and wife as tenants by rr, entirety, of 1693 Lathrup Avenue, Saginaw, MI 48638, WITH QUITCLAIM COVENANTS, the land, together with the buildings thereon, in Brewster, farnstab.9 County. Massachusetts. bounded and described as follows' Parcels 1 .ttyouah fi, shown on "Survey & Plan of Land in Brewster. Mass. As `C aimoc1 By Washington E. & Mary F. Chase Scare 1" : 60' March 10. 1989 East iapeennook 4r CE age 75 recorded with Barnstable County Registry of Deeds PlaExcepting therefrom Let A, shown on 'Plan of lard in Brewster. MA "as !ca.rr, .7 by'" Richard B Winslow at April 28th. 2004', recorded in said R y, Pan Book 593, Page 17. which was previously conveyed to Richard andTheresa �v - For title, see deeds recorded in Barnstable Registry of Deeds Book "199, Page 166, Book 861, Page 75, Bock 959. Page 472. death of Mary F. Chase. :r Barnstable Probate Court No. 92P0727VE1,-and estate of Washington E, !;:iltase, Barnstable Probate No. 08P0174EP1, 'r iprpperty address: 3571 Main Street.Brewster. MA 02631 ;WITNESS my hand and seal tics s'xteenth day of July, 2008. Marian Dalgern lawia..rpr urn. to IDaimowswitr vinamitioomi nionsmatti .4R004ma 71.101 Attachment 7. Site Background: Deed of Record Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgarn property) February 9, 2024 17 ilk 23085 Pg 156 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE COUNTY. SS. On taus sixteenth day of July, 200'$, before me, the undersigned notary public, personally appeared Mean Daicgsrn, proved to me through satisfactory evidence of Identification, yin:4'h was State Of Mangan gas Myers License, to be the person whose name Is signed on the precedeng or attached nocyr>Fert aril acknowledged to me that she signed it voluntarily for its stat My commission #f BARNS 6'.z 4 Open Space Committee - Community Preservation Conunittee Application: 0 Main Street/Washington Chase (Dalgarn property) February 9, 2024 19 REAL ESTAI'] APPRAISAL REPORT LOCATED AT 3571 MAIN STREET & 0 MAIN STREET BREWSTER, MASSACHUSETTS FOR THE BREWSTER CONSERVATION TRUST BY CATHERINE HAMMOND APPRAISAL COMPANY OF CAPE COD, INC. 170 ROUTE 6A, PO BOX 1655 ORLEANS, MASSACHUSETTS PHONE (508) 255-8822 DATE OF VALUE: JUNE 19, 2023 DATE OF REPORT: JULY 12, 2023 Appraisal Company of Cape Cod, Inc. REAL ESTATE APPRAISAL AND CONSULTING Residential Commercial Vacant Land F.xpert Witness BOX 1655, 170 ROUTE 6A ORLEANS, MASSACHUSETTS 02653 (508) 255-8822 FAX (508) 255-9257 TOLL FREE (877) 760-8900 www.capecodappraiser.com Attachment 8: Appraisal tin part) Michael Sutton Certified General Real Estate Appraiser— MA Lic. #786 Mikesutton@capecodappraiser.com Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property) February 9, 2024 20 LETTER OF TRANSMITTAL The Brewster Conservation Trust do Amy Henderson, Director 36 Red Top Road Brewster, MA 02631 RE: 3571 Main Street and 0 Main Street, Brewster, MA Dear Ms. Henderson: Per your request, attached is an appraisal report of two building sites containing 12.36acres located at 3571 Main Street and 0 Main Street, Brewster, MA. It is the portion of the properties and is shown as Lots #2 and #3 on the attached "Lot Study Sketch" (herein after referred to as "Sketch"). It is this Sketch that has been relied in this report for the property descriptions. Lots #2 and #3 are hereinafter referred to as the "subject property". The subject may also be identified as part of Parcels 114-60-0, 126-4-0, 1265- 0 and 126-9-0 on the Town of Brewster Assessor's records. The subject property is also a portion of the lots shown as Lots #1 - #6 on a plan of land entitled "Survey and Plan of Land in Brewster, Mass. (hereinafter called "Plan") as claimed by Washington E. and Mary F. Chase. Scale 1 in. = 60 ft. October 1967" prepared by James Bowman, East Cape Engineering, Orleans, Mass. recorded at the Barnstable County Registry of Deeds (BCRD) in Plan Book 459 Page 75. This plan is hereinafter referred to as the "Plan" a copy of which is attached to this report. The owner of record is David S. Dalgarn. by virtue of a deed dated August 5, 2008, and recorded at the BCRD in Book 23085 Page 155 and the death certificate of Marian C. Dalgarn, recorded on December 8, 2022. A copy of the deed is attached to this report. The appraiser has been informed that the Brewster Conservation Trust intends to apply to the Commonwealth of Massachusetts LAND grant program to aid in the financing of the property. I personally inspected the subject property on June 19, 2023, and I have gathered all the data I consider necessary to arrive at the value conclusions. There is a Hypothetical Condition to this report that Lots #2 and #3 can be subdivided from the 13.92 -acre parcel to create a three -lot subdivision and that both sites can support a septic system for at least a five -bedroom home and that the subject site can connect to town water and the existing utilities on Main Street. There are no Extraordinary Assumptions to this report. As a result of my investigation and my analysis of the information gathered, I estimate the market value of the subject property, as of the date of inspection, to be: EIGHT HUNDRED THOUSAND DOLLARS ($800,000) July 12, 2023 Date Catherine Hammond - Certified Residential Real Estate Appraiser; MA License #1481 Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property) February 9, 2024