HomeMy Public PortalAboutUpdated Part 2 Spring 2024 TM Applications Packet1
TOWN OF BREWSTER
SPRING 2024
COMMUNITY PRESERVATION COMMITTEE
APPLICATION: 0 MAIN STREET/WASHINGTON CHASE BOG
CONSERVATION RESTRICTION
Old Washington Chase Cranberry Bog
Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgarn property)
Conservation Restriction February 9, 2024
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BREWSTER BICENTENNIAL
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APPLICATION FOR COMMUNITY PRESERVATION
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: " etavlor(ibrewster-ma.gov"
Name of Proposal: Washington Chase Bog — Conservation Restriction
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 114-601
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 (CR). 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. 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 $225x000. Total Cost of Proposed Project $706,660
Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property)
Conservation Restriction February 9, 2024
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I.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. 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 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. Att. 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 Dalgam 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 by:
II 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.
Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property)
Conservation Restriction February 9, 2024
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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.
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
Dalgam 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.
❑ 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 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. 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 by:
❑ 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
Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property)
Conservation Restriction February 9, 2024
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recreational opportunities for all ages. Respondents to the OSRP survey highlighted the need for future
open
space and recreational planning to focus on walking and hiking trails, specifically those that are accessible. The
Brewster Vision Plan also highlights the need for more walking trails.
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 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.
Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgarn property)
Conservation Restriction February 9, 2024
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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:
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 Resiliency
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,
Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property)
Conservation Restriction February 9, 2024
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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
natural vegetative state and now provide important wildlife habitat, flood control and storm damage prevention,
and work to greatly improve water quality. Att. Ll.
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/Su ort of Cap a 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.
Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property)
Conservation Restriction February 9, 2024
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Workina 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
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.
COMMUNITY SUPPORT:
The Brewster Conservation Trust (BCT) has a full-time Land Stewardship Director, 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.
5. CREDENTIALS:
The Brewster Conservation Trust will have custody and control of this conservation area. The Town of Brewster
will hold the Conservation Restriction, which will enable it to also participate in the management of this
conservation area.
6. TIMELINE:
May 2023 Offer accepted by Dalgarn
July 2023 State Conservation Partnership Grant submitted. By BCT
October 2023 Purchase and Sale signed between BCT and property owner
November 2023 State grant awards announced
Dec 2023 State contract signed
February 2024 CPC application for Funding for CR
May 2024 Town Meeting approval
June 2024 CR approved for local signatures
June 2024 Brewster Conservation Trust purchases property; CR conveyed to Town of Brewster
July -2024 Dedication/celebration
Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgarn property)
Conservation Restriction February 9, 2024
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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 Town Meeting
in Spring 2024.
PROPOSED PROJECT COSTS
BCT Expense Items
Survey
Appraisal of 12.36 acres
Land purchase cost by The BCT
Miscellaneous due diligence for closing
TOTAL PROJECT COSTS
AMOUNT
$ 1,000
$ 3,000
$ 700,000
$ 2,660
$ 706,660
PROPOSED PROJECT FUNDING SOURCES
Town Community Preservation Fund $ 225,000_
State Partnership Grant -BCT
BCT Funds
COMMENTS
Appraisal Company of Cape Cod (2023)
Bargain sale negotiated Dalgam & BCT
2023
Legal services, Registry fees, etc.
to be voted at Town Meeting, Spring
2024 for Conservation Restriction
$ 175,000 50% of eligible costs (not to exceed
$175,000)
$ 306.660
TOTAL PROJECT FUNDING $ 706,660
CPA PROJECT FUNDING
$ 225,000 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 the management of this
conservation area, ensuring that BCT adheres to all standards set forth in the conservation restriction. The
Brewster Conservation Trust will conduct all necessary maintenance and management through their land
stewardship program which is led by a full time Land Stewardship Director and assisted by volunteers.
9. SITE CONTROL AND APPRAISAL:
The Draft Conservation Restriction is Att. 5
Deed of Record Att. 7.
Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property)
Conservation Restriction February 9, 2024
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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)
Conservation Restriction February 9, 2024
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LIST OF ATTACHMENTS
1. Town Meeting Article (draft) authorizing CR purchase (to be voted May 2024)
2. Select Board Letter of Support for Conservation Restriction
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. Updated Survey Sketch Locus 2024
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. Letter of Support
Brewster Conservation Commission: Michael Tobin, Chair
7. Site Background: Deed of Record
8. 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 (Dalgam property)
Conservation Restriction February 9, 2024
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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)
Conservation Restriction February 9, 2024
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Town of Brewster Office of the:
2198 Main Street Select Board
Brewster, MA 02631 Town Manager
(508) 896-3701 www.brewster-
ma.gov
February 12, 2024
To the Brewster Community Preservation Committee:
Re: Washington Chase Bog Property
On February 7, 2024, the Brewster Select Board unanimously voted to support the Open Space
Committee's request for $225,000 in Community Preservation Act (CPA) funding to purchase a
conservation restriction on 12.36 acres of the Washington Chase Bog property at 3571 Main
Street.
The Brewster Conservation Trust's acquisition of this parcel, in conjunction with their plan to
establish 3 deed -restricted affordable homes in partnership with Habitat for Humanity houses on
the remaining 1.58 acres, will achieve two of the Select Board's priority goals - adding housing
and conserving open space. The Select Board applauds Brewster Conservation Trust's plan to
conserve and restore this former cranberry bog and preserve an area of open space that can be
enjoyed by the public.
Community Preservation Act (CPA) funding helps our community plan a sustainable future.
Your efforts to date have shaped Brewster in many important ways, and we believe this request
is worthy of your support.
Respegtfujly / 7
(
Ned Chatelain
e
Attachment 2. Select Board Letter of Support for Conservation Restriction:
Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgarn property)
Conservation Restriction February 9, 2024
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ATTACHMENT 3 A: USGS Topographic Locus Map: USGS 1974 Harwich MA Quandrangle USGS — Washington Chase Bog
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
2014_ortho_imagery
ATTACHMENT 3 C: 2014 Aerial Photo - Washington Chase Bo g
ATTACHMENT 3 D: USGS Surficial Geol ogy Map, 1962 — Washington Chase Bog
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e. -.71;41 ,1 _
y wr. p ` k ip
i s 4
Cliff Po nd
N_I C K E its
(;i%• • _"
ws,
J1`. „ ----
tQ} rr
Surfic ial Geo logic Ma p of the Harwich Quadr angle, Ma ssachusetts
Compiled by
Byron D. Stone and Maly L. DiGiacomo-Cohen
2009
N
F
1-
t
�r4
_ a-
:Srliflrta! fill —E arth mat eri als a nd i nanm ake maticoals that base been artifici ally
emplaced. prim arily in highway and railroad emhankments, and in dams; mar also
include landfills. urban rk\eloprnent areas, and filled coal wetland,
Cranb erry bear --Mostly freshwater sw amps or peat h ogs overlain locally by
artificially emplaced sand or oile r fill
Swamp and mar sh deposits —Organic murk and peal that contain minor amounts of
sand, sill . and clay", stratified and p oorly sort ed . in freshwater swamps and marshes,
kettle depressions , or poorly drained areas. Swamp and marsh depti<ns are sh own only
where they are estimated io he at least 3 fl thick. Most swamp and marsh deposits are
less than Ill ft thick. Swamp deposits overlie glacial meltwater deposits and
postglacial pond deposit s in kettl e d epressio ns. Unit incl udes salt -marsh d posits not
diff erentiated on previously published quadrangle maps _ -
—1 I oar ve deposits include Gravel drpuiits composed of at least 50 percent gravel -sire
chisl;: cobbles and boulders predominate: minor am ounts of sand occ ur within graved
1. J beds , and sand composes few separate layers. Gravel layers generally are poorly
carted and Mudding commonly m distorted and faulted due to posldela snional collapse
related to melting of ic e. S and and gravel deposits are nimposrd of mixtures of gravel
and sand within individual layers and as alter nating layers . Sand and gravel layers
generally range fr om 25 to 50 percent gravel particles and from 50 to 75 pe rcent sand
particles. Layers are well to p oorly sorted: bedding may he distorted and faulted due
to posldeposttional collapse. Sand deposits are composed mainly of very coarse to fine
sand . comrreonly in moderately sorted layers . Coarser layers may contain up to 25
percent gravel paticks. generally granules and pebbl es: liner layers may clatain
some ver y fine sand, silt and clay
Glaehdacustrine fine deposits include very fine sand, silt, and clay that occur as
well-slrtnl . thin layers uF alternating sib and clay , or thicker layers of very fine said
and silt Very- fine sand commonly oc curs at the surface and grades d ownward int o
rhythmically bolded silt and clay van es. Lo cally, this map unit may include areas
underlain by fine sand
f
=7,42 BioMap Core Habitat Components: Rare Species
Core
BioMap Core Habitat Components: Vernal Pool
Co re
■
2j BioMap Core Habitat Components: Forest Core
2j BioMap Core Habitat Components: Priority
Natural Co mmunities Core
BioMap Co re Habitat Components: Wetland
Core
yeE BioM ap Core Habitat Components: Aquatic Core
U
_� .Jo.!.ap „ritica...atura. _an_scap�
Components: Landscape Blocks
BioMap Critical Natural Landscag
Compone nts: Tern Foraging Habitat
j yF BioM ap Critical Natural Landscape
CompQrtents: Coastal Adaptation Arj
BioMap Critical Natural Landscape
Components: Wetland Core Buffer
BioM ap Critical Natural Landscape.
Components: Aquatic Core Buffer
ATTACHMENT 3 E: 2022 Assessing Map Showing BioMap Core Habitat and BioMap Critical Natural
Landscapes — Washington Chase Bog
4111.
EW5TER
()Rai
LOCUS
AA' Mdln s be rf N. M+
'it Vil
PH
AMEMMEIN.
'?3_ _ 0 C566? LAT LON "
NOTE: The northern half of
the locus 12.36 acres
includes Prime 1 forest soils
Prime 1
i4 Prime Forest Land
▪ Prime 1
• Prime 2
❑ Prime 3
❑ Statewide Importance
❑ Local Importance
❑ Prime 3 Wet
El Statewide Importance Wet
[] Local Importance Wet
❑ Unique Wet
❑ Non -Forested Land
Attachment 3 F: Primal Forest Soils — Washington Chase Bog
v v.
SU¢. v¢v A.ae RA. or l...uo lu
L3eewsTEe.. MASS.
Al Cu,.I..CG MY'
WASH I & la maU $. {. MAZY F. GHA$E.
.c-cm,s l • 60 .n .e .f- 4 to, 19,
AAA.. M ' , un+ , . G as
lie t,-l1S
srfl-
M .PAGE
L.
C ADINAver i0434 JAL ,
dM O fief
II.f e ... e..4.
A. M u, euuw, A.
8v II Ills 015
•
n[a•nrr
C ouu L ♦CA CO
truelie
i
101, 4'Aasr 'n 1a �,�i M , CvAw•135.
rcyiffi oC T•. _.
w p.;d. uh.2 Imo., yr.
.145/411 w.a+l,ue+w c r wa t. 5_0 ,' sm.,le • al,we
e ,u./n AAAAD.Arou 4.10 4... . 141,x4` ... 14,
i W / i4 rWK I
4 1,)i/.a.; waif f. 6 w, m., ..• w,
f N./YIi-w e u�6..4 K..,
,./.
I . ,1.!wAaN Mew _ I n.
Attachment 3 G: Survey Plan of Reco rd, 1989
Attachment 3 H: Survey Sketch Locus 2023 — Washington Chase Bog
CHASE BOG PROJECT
1OU7
1915
At
60.010 S.F.
PANHANDLE 6,849 S.F
TOTAL 66.859 S.F.
(1.535 AC.)
16 /
i 12.36 Acres of
B. OVERGRO WN
BOO // Conservation Land
A. / Wetland 5.04 Acres
Upland 7.33 Acres
/1
egi
//�/
88.883 S.F / —'1 l.J �. 'b .59
(1.581 AC.) SHED
OWLS.
1.58 Acre
House Lot
i
TF aMBc x� ^—
. 190, LAb.OU7 1Uir 67.
50 rl. WTOr
1. LOCUS REF• DB. 23085/155; P.B. 459/75, 593/17
2. ASSESSOR'S M AP 114/60; 128/4, 5,9
3. ZONE: MA
i
i
UPLAND 5.791 AC.
WETLAND 5 .036 AC
TOTAL 10.827 AC.
OV RGROWT1 BOG
i
i
i
PRO.ESSIGNW LAND SURVEYOR
FOR PROPERTY AT
3571 MAIN ST
BRE WSTE R, MA . 02631
PREPARED FOR
SCALE: 1 IN. -80 FT . JULY 3. 2023
SOULE LAND SURVEYING
'03 VESPER POND DRIVE
EREWSTER, MA 02631
(508)237-0853
40 80
150 240
Ca • e Cod Ba
NOTE: The Chase Bog drainszwest and I'
north under the CC"Rail Trail to empty into \ \IIA
Namskaket salt marsh on Cape Cod Bay. } \L.,_
A DEP Wetlands '0,1-----
tt LbePand
0 Crenoerry Bog
A . Wetlands 50" Buffer
U
A NI Wetlands 1010' Buffer
\
.Jr
•
N V14 .7; A
Attachment 3 I: Freshwater Wetlands Indicating 50' and 100' Buffer Zo nes — Washington Chase Bo
Attachment 3 J: Old King's Highway Regional Historic District — Washington Chase Bog
MA Route 6A
Historic District
F:1 ly S ho e
11172
9
MA DCR
NICKERSON STATE PARK
Openspace by Ownership Solid
■ Federal
■ DCR-State Parks Recreation
■ DCRS/DFG
■ Department of Fish Game
■ DCR-Urban Parks Recreation
■ DCR-Water Supply Protection
'" Department of Agricultural Resources
Commonwealth of Massachusetts
■ County
Municipal
■ Public Non -Profit
■ Land Trust
N1 Conservation Organization
Non -Profit
Private
Attachment 3 K: Protected O pen Space — Washington Chase Bog
Ch p atu re Resilient Land Mapping Tool
r
Resilient Sites (Customized)
■
Most resilient
More resilient
Slightly more resilient
Average or Median Resilience
Slightly Less Resilient
Less Resilient
Least Resilient
Developed
Migration Space for Tidal Habitat
Resilient Tidal Habitat
Vulnerable Tidal Habitat
Sea Level Rise Area
lure Conservancy ',eSassGIS EEr Ada Esri HERE Garmin INCPEL?EPA` P Intsrrnap . USGS
=Om<-
Attachment 3 L1: Climate Resilience — The Nature Conservancy — Washington Chase Bog
September 10, 2015
Hello Mark,
Thanks for stopping by today . Attached are two box turtle phot os . Turtle l's shell was approximately 5-6 inches long on the long axis while turtle 2's shell was only
2. 5 inches long on the long axis. Turtle l's photos was taken on July 28 along the road behind our house while turtle 2's photo was taken just three hours ago in
our front yard (approximately 20 feet from where y ou were sitting). The white stuff on turtl e l's f ac e was mushroom residue (looks like it has fangs).
David S. Dalgarn, Ph. D
ASSOCIATE PROFESSOR OF BIOLOGY (retired)
SAGINAW VALLEY STATE COLLEGE, UNIVERSITY CENTER MI
Attachment 3 L2: Me sa Listed Rare Sr,ecies
Documentation — Eastern Box Turtle -
(Terrapene ca rolina ca rolina) - 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
DRAFT
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)
Conservation Restriction February 9, 2024
15
Attachment 6. Letter of Support: Conservation Commission
Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property)
Conservation Restriction February 9, 2024
16
Bk 23085 Ps155 041764
08-05-2008 8 12156p
QUITCLAIM DEED t, -
MARIAN DALGARN, 1693 Lathrup Avenue, 144friaw, MI ...48638, as
,individual and as Executrix of the Estate of Wash E. Chase, ° earhstabie
'Probate No. 08P0174EP1, In consideration of ONE i AR'($1.00)r piid,' grants
to MARIAN DALGARN and DAVID S. DALGARN, husband and wile as teifanta by
lthe entirety, of 1693 Lathrop Avenue, Saginaw, Mi 48638, WITH QUITCLAIM
OVENANTS. the land, together with the buildings thereon, in Brewster,
nstable County, MasSachusetts, bounded and described as follows:
parcels 1 through 6 shown on 'Survey & Plan of Land in Brewster, Mass. As
By Washington E. & Mary F. Chase Scale 1' - 60' March 10, 1999 East
(Cape Engineering CE 8 LS', recorded with Barnstable County Registry of Deeds
'!n Plan Book 459, Page 75.
Excepting therefrom 0, shown on `Plan of Land in Brewster. MA "as
br Richard B. Winslow at April 28th, 2004', recorded In said R ,
Book 593, Page 17, which was previously conveyed to Richard and
U1lirsslow . For title, see deeds recorded In Barnstable Registry of Deeds Book
x/199, Page 166, Book 861, Page 75, Book 959, Page 472, death of Mary F. Chase,
sec Barnstable Probate Court No. 92P0727VE1,-and estate of Washington E.
Chase, Barnstable Probate No. 08P0t74EP1.
Property address: 3571 Main Street, Brewster, MA 02631.
% mNESS my hand and seal this sbdeenth day of July, 2008.
"4 fa" ArArAttl
Marian Dalgarn
rnw.►ow.uenDI
►A SiaNo, 111711M 17
11110611111, MIAOW
M.1M17f71
tM pCgalH**l
Attachment 7. Site Background: Deed of Record
Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgarn property)
Conservation Restriction February 9, 2024
17
itk 23085 Pg 156 *41764
COMMONWEALTH OF MASSACHUSETTS BARNSTABLE COUNTY, SS.
On this sixteenth day of July, 2009, before me, the undersigned notary
per, personally appeared Marian Dalgam, proved to me through satisfactory
evidence of Identification, which was State of Michigan Driver's License, to be the
person whose name is signed on the precedI g or attached • nt. and
acknowledged to me that she signed it vokmiarily for its sta
Note "-utyilc
My commission expires i ttl ,f 9 f 2,,' y
9ARKSTAS t REGISTRY OF DEEDS
Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property)
Conservation Restriction February 9, 2024
18
REAL ESTATE 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
Expert Witness
BOX 1655, 170 ROUTE 6A
ORLEANS, MASSACHUSETTS 02653
(508) 255-8822 FAX (508) 255-9257
TOLL FREE (877) 760-8900
www.capecodappraiser.com
Michael Sutton
Certified General Real Estate
Appraiser — MA Lie. #786
Mikesutton@capecodappraiser.com
Attachment 8: Annraisal (in narf
Open Space Committee - Community Preservation Committee Application: 0 Main Street/Washington Chase (Dalgam property)
Conservation Restriction February 9, 2024
19
LETTER OF TRANSMITTAL
The Brewster Conservation Trust c/o 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 12.36 acres 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)
Conservation Restriction February 9, 2024