HomeMy Public PortalAboutBoehm Property Open Space Committee - Community Preservation Committee Application: Boehm January 26, 2016 Page 1 of 17
TOWN OF BREWSTER OPEN SPACE COMMITTEE
Spring 2016
COMMUNITY PRESERVATION COMMITTEE
APPLICATION: BOEHM PROPERTY
0 GULLS WAY – LOT INTERIOR
Open Space Committee - Community Preservation Committee Application: Boehm January 26, 2016 Page 2 of 17
APPLICATION FOR COMMUNITY PRESERVATION
Name of Applicant: Brewster Open Space Committee Date: January 26, 2016
Contact Individual: Elizabeth G. Taylor, Chair, Open Space Committee
Mailing Address: Town Hall 2198 Main Street Brewster. MA 01631
Daytime Phone: 508-896-3701 x 1149 e-mail: etaylor@brewster-ma.gov
Name of Proposal: Boehm Property at Sheep Pond Woodlands Conservation Area
Address of Proposal (or assessor’s parcel ID) 0 Gulls Way: Map 63, Parcel 36
PROJECT SYNOPSIS
The Boehm Conservation Project involves the preservation of two lots (totaling 11.11 acres) located off Gulls
Way (running from Route 137 to Route 124). The lots form the northern portion of an existing 20.29 acre
parcel, which has frontage on Sheep Pond. These lots are midway between Sheep Pond Woodlands
Conservation Area (79.47 acres), a Town Conservation parcel (3 acres), State Forest Land (6.1 acres) and the
Police Department/Town Cemetery property. To the north, these lots end on the Cape Cod Rail Trail.
The lots have a rolling, gently sloped topography of scrub oak and pitch pine with moderately dense
undergrowth. The Gulls Way forest, identified by the State as a Prime Forest Area, is one of the Open Space
Committee’s five focus areas for acquisition/preservation. The Committee has always attempted to
purchase/protect available parcels within/adjacent to the Sheep Pond Woodlands, however, these inholdings
rarely appear on the market. This area is also within the Regional Priority Land Acquisition Assessment Project
area, as mapped by the Cape Cod Commission for Potential Public Water Supply Tracts in 1999, updated in
2010.
Sheep Pond is one of only five high quality ponds out of 82 in Brewster. Of the 29 ponds specifically tested, the
other 24 were all impaired to varying degrees. It is one of Brewster’s 24 Great Ponds (10 acres or more). Sheep
Pond has remained high quality, mainly due to the lack of development within its watershed. The Boehm
parcels are wholly within this watershed/recharge area. These parcels are also listed as high priority acquisitions
by Brewster’s Priority Ponds Project.
The Brewster Conservation Trust (BCT) will purchase the two parcels for $275,000 and the Town will pay
$125,000 for the two Conservation Restrictions. The Conservation Commission will hold these Restrictions.
Category (circle all that apply): Open Space Historic Preservation Recreation Community Housing
CPA funding requested $ 125,000 Total Cost of Proposed Project $ 275,000
Open Space Committee - Community Preservation Committee Application: Boehm January 26, 2016 Page 3 of 17
PROJECT DESCRIPTION
The Boehm Conservation Project involves the preservation of two lots (totaling 11.11 acres) located off Gulls
Way (running from Route 137 to Route 124). The lots form the northern portion of an existing 20.29 acre
parcel, which has frontage on Sheep Pond. (ATT. 1a.)
Located in an area bounded by the Cape Cod Rail Trail, Route 137, Sheep Pond and Route 124, this proposed
conservation area is in the center of Brewster. These lots are midway between the Sheep Pond Woodlands
Conservation Area (79.47 acres), a Town Conservation parcel (3 acres), the MA State Forest Long Lot (6.1
acres) and the Police Department/Town Cemetery property. To the north, these lots end on the Cape Cod Rail
Trail. (ATT. 1b.)
Historically, this area was divided into "Long Lots", an original distribution pattern of wood lots used by the
colonists. The Boehm property is one of the remaining wood lots. These are lightly developed tracts, housing a
few year round homes, but mainly a scattered collection of summer cottages perched on the north shore of
Sheep Pond, served by the unimproved Gulls Way. It is one of the largest remaining unfragmented forest areas
in Brewster.
The lots have a rolling, gently sloped topography of scrub oak and pitch pine with moderately dense
undergrowth. The 300-acre Gulls Way forest, identified by the State as a Prime Forest Area, is one the Open
Space Committee’s five focus areas for acquisition/preservation. When the Rowley and Bruch properties (the
Sheep Pond Woodlands Conservation Area) were acquired, the Town had anticipated that this conservation area
would be expanded westward in the future, using purchases, conservation restrictions and other land protection
tools, to link up with the existing State Forest and other Town property on Route 124. The Committee has
always attempted to preserve available parcels within/adjacent to the Sheep Pond Woodlands; however, these
inholdings rarely appear on the market. This area is also within the Regional Priority Land Acquisition
Assessment Project area, with a potential to support a supply well or be used for wellhead protection, as mapped
by the Cape Cod Commission (1999 /2010).
Sheep Pond is one of only five high quality ponds out of 82 in Brewster. Of the 29 ponds specifically tested, the
other 24 were all impaired to varying degrees. It is one of Brewster’s 24 Great Ponds (10 acres or more). Sheep
Pond has remained high quality, mainly due to the lack of development within its watershed. The Boehm
parcels are wholly within this watershed/recharge area and listed as high priority acquisitions by Brewster’s
Priority Ponds Project.
The total project cost is $275,000. Brewster Conservation Trust (BCT) will purchase the two parcels and the
Town will pay $125,000 for two Conservation Restrictions. The Conservation Commission will hold the se
Restrictions.
2. CPA GOALS/CRITERIA:
The goals of this project encompass many of the Community Preservation general criteria areas for
community preservation and enhancement serving the purposes of Open Space, Historic Preservation 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.
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Preservation of these 11.11 acres will provide:
Open Space Protection By:
a. Permanently preserving important wildlife habitat, areas that are of significance for biodiversity,
diversity of geological features/types of vegetation, habitat types that are in danger of vanishing from
Brewster; habitats of threatened/endangered species of plants or animals.
b. Protecting drinking water quantity and quality
c. Taking advantage of an opportunity for the Town to help preserve a high priority parcel identified
using a composite value ranking in the Town’s Open Space Plan and Priority Pond Parcel Plan.
d. Serving to enhance and protect existing wildlife corridors, promoting connectivity of habitat and
preventing the fragmentation of such habitats.
e. Preserving and protecting important surface water bodies, pond watersheds
a. Permanently protecting wildlife habitat, biodiversity
Like the rest of Cape Cod, the topography of the Sheep Pond Woodlands Area was formed and shaped by
glacial activity. The retreat of the ancient ice sheets left behind the kettlehole depression that is now Sheep
Pond. The dominant forest community found here is typical of maritime forests found on Cape Cod, consisting
of a dense pitch-pine and oak, with an understory of black huckleberry, blueberry, viburnum, bracken fern and a
groundcover of mayflower and checkerberry. This area has been a woodland for at least the last 100 years and
therefore represents a high quality undisturbed forest with trees of significant age. It is considered Prime Forest
Habitat by the State. These acquisitions will preserve intact a large unfragmented forest ecosystem identified by
the Cape Cod Commission as within a Significant Natural Resource Area. Undisturbed, unfragmented forest
interiors on Cape Cod are crucial locations for declining populations of breeding Neotropical migrant bird
species, such as Scarlet Tanagers, Wood Thrushes and warblers, according to State Ornithologist Brad Blodget.
The western end of Sheep Pond is also a priority site for Rare Species. Preservation of any acreage within the
Sheep Pond recharge area is critical to protection of this habitat. (ATT 1c-d.)
It is interesting to note that Brewster ranked in the “Top 20 Massachusetts Towns in Forest Lost to Residential
Development (by acres lost)” from 1985 to 1999. Since then, the rate has slowed, but Brewster still ranks in the
top 11 percent of all Mass. towns in this regard. (Source: “Losing Ground: At What Cost?” Mass. Audubon
Society, 2003 & 2009). Brewster was also cited as one of five towns in the Top 25 for rare species diversity
relative to forest loss. In sum, Brewster has lost more than 1,300 acres of its forest to sprawl since 1985,
placing its extensive upland habitats at risk.
The State specifically promotes growth away from undeveloped, "frontier" areas so that existing public
infrastructure can be concentrated in growth centers and public investment is maximized efficiently. These
parcels are located in one of the few frontier areas left in Brewster where there are no paved roads, no public
water supply distribution system, no sewer, no gas pipelines, etc. All of the scattered cottages on Sheep Pond
use on-site wells and septic systems.
b. Protecting drinking water quantity and quality
Preservation of these parcels would promote protection of one of the top priority areas for future wellfield
development in Brewster, as documented by the US Geological Survey in 1994 and the Cape Cod Commission
Priority Land Assessment Acquisition Program in 1999 (updated in 2010). Projections of a water supply
shortage by the year 2020 led the Cape Cod Commission to conduct this study of land areas that could
potentially support a supply well or be used for wellhead protection. The Project, focused on Upper and Mid
Cape towns with public water supplies. The goal was to assist towns in the Sagamore and Monomoy lenses in
prioritizing properties that may be suitable for water supply development and protection. Tracts of land in these
towns were evaluated for their water supply development potential based on natural resources and land use
Open Space Committee - Community Preservation Committee Application: Boehm January 26, 2016 Page 5 of 17
constraints and rated as having low, medium, or high potential. The study concluded that there were six areas of
Brewster that had "high potential" as future water supply sites. At 330 acres, the Sheep Pond area was by far
the largest of the six recommended sites for additional exploration. The apex of the Brewster water table (the
Monomoy Lens) falls within this site (as a future wellsite this would mean great yield and pumping rates).
Drinking water recharge areas/wellfields have always been at the top of Brewster’s land acquisition list.
The Brewster Water Commissioners support this acquisition and agree that there are few places left in Brewster
to site a new well outside of existing wellfields. The area between Gulls Way and the CC Rail Trail was
identified as one such place in 2001 and still retains integrity for that purpose. (ATT. 3a.)
a. Preserving and protecting important surface water bodies
With the assistance of the Cape Cod Commission, Brewster’s Pond and Lake Stewards (PALS) Program has
been sampling/testing water quality for 29 ponds every year since 2001, including Sheep Pond. All of
Brewster’s larger ponds were recently assessed as part of the Comprehensive Water Management Committee’s
“Water Resource Management Plan”.
Sheep Pond is one of only five high quality ponds out of 82 in Brewster. Of the 29 ponds specifically tested, the
other 24 were all impaired to varying degrees. It is one of Brewster’s 24 Great Ponds (10 acres or more). Sheep
Pond has remained high quality, mainly due to the lack of development within its watershed. The Boehm
parcels are wholly within this watershed/recharge area. These parcels are also listed as high priority acquisitions
by Brewster’s Priority Ponds Project.
Sheep Pond is directly linked to the Monomoy lens, Brewster’s drinking water aquifer. The pond currently has
exceptional water clarity, due to the limited supply of nutrients. Preventing development and associated on-site
septic systems that might otherwise occupy this site in the future, is critical to maintaining the pristine quality of
this pond.
As part of the Massachusetts Watershed Initiative, the Town published a “Diagnostic/Feasibility Study of Sheep
Pond, Brewster," with funding assistance from the Clean Lakes Program of the Massachusetts Department of
Environmental Protection. After extensive sampling and analysis, the Town's consultant conclu ded: "presently
the pond is an excellent recreational resource with no pronounced symptoms of cultural eutrophication" and
recommended that land within the Sheep Pond watershed “be preserved in its natural state through purchase or
conservation easement.” (1993)
Sheep Pond has the advantage that many Cape Cod ponds no longer have: the chance to maintain its pristine
quality before overdevelopment introduces large amounts of nutrients into its zone of contribution. Preserving
these parcels will prevent the potential for additional new homes, lawns and storm drains to introduce pollutants
into the pond's ecosystem.
Sheep Pond is the only coldwater pond in Brewster outside of Nickerson State Park (there are very few in all of
Barnstable County). It has been managed extensively by the State since 1916 to maintain a trout fishery and is
annually stocked with trout by State Division of Fisheries & Wildlife. The first record of stocking is dated 1916
and over the years salmon, trout, perch, and bass have been introduced to the pond for recreational fishing
purpose. (It should be noted that, although Sheep pond is not listed as nutrient impaired, there is a mercury
advisory. which means mercury levels in the fish (due to atmospheric deposition) are above state standards.)
b. Serving to enhance and protect existing wildlife corridors, promoting connectivity of habitat and
preventing the fragmentation of such habitats.
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These parcels easily link with other conservation lands owned by the Town. These parcels and the a djacent
ones, form contiguous forested uplands, which protect wildlife corridors, promoting connectivity of these
habitats. In the same way that these pathways are linkages for Cape Cod Pathways Project, protection of these
habitats maintain corridors wide enough for the movement of many species of mammals, amphibians and birds.
Historic Preservation By:
a. Protecting, preserving, enhancing, restoring and/or rehabilitating historic, cultural, architectural or
archaeological resources of significance, especially those that are threatened;
b. Protecting areas of Primary Archaeological Sensitivity as shown on the Archaeological Resources Map
produced by the Cape Cod Commission GIS Systems Department and the Brewster Natural Resources
Department in 1989.
History
The earliest known deed for the properties surrounding the Sheep Pond is dated 1719. The pond was already
known as Sheep Pond at that time. This area is rarely mentioned in history books and what we know of the
property comes from the knowledge of local residents. Legend has it that Native Americans frequented this
area and that Thoreau was known to camp there. The first European residents of the area are believed to have
grazed sheep on the rocky soil; hence the pond’s name.
The land is divided into narrow lots, based on the original “long lots” colonial property divisions. The purpose
of this configuration was to allow owners access to the woodland for firewood and the pond for ice harvesting.
The roads that still crisscross this area were established to facilitate the harvest of wood and ice. Gulls Way is
an ancient way, regularly used by the public.
With the creation of The Brewster Archaeological Resources Map, areas in Town with archaeological
sensitivity were identified as having Primary, Secondary or Tertiary Sensitivity (1993, with 1996 & 1998
updates). The Map identifies the Sheep Pond area as one of Secondary Sensitivity (areas within 500 feet of a
water body greater than 3 acres in size that are not a part of the Herring River or Stony Brook drainage systems.
These areas are likely to contain prehistoric archaeological sites, particularly is they intersect areas of primary
sensitivity. (ATT 2 a.-b.)
This unfragmented woodland would have a high probability of containing prehistoric archaeological sites. Such
archaeological sensitivity would primarily be due to environmental setting, with level, sandy, well-drained soils
in proximity to the wetlands and water resources, including Sheep Pond, favorable for ancient and historic
period land use and occupation. Types of archaeological resources that could be present within the parcel could
include artifacts, subsurface soil deposits and features associated with ancient and historic period Native
American occupations or with other uses of the parcel during the historic period, including early residential
settlement and agriculture.” These lands also contain numerous old trails, most likely part of historic North
South Native American Pathways which ran from Cape Cod Bay to Nantucket Sound.
Recreation Enhancement By:
a. Expanding the range of passive recreational opportunities available to all ages of Brewster residents
and visitors.
b. Benefiting the Brewster Pathways Committee by promoting the use of alternative corridors that
provide safe and healthy non-motorized transportation by providing connections with existing trails and
conservation areas.
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c. Ensuring preservation of a variety of rural recreational activities and high -quality natural
environments in close proximity to residential areas by establishing green pathway linkages connecting
various sections of town with each other and to neighboring towns.
Every Town survey that has been done indicates that residents and visitors alike want more walking and bike
trails. This is an opportunity to provide public access to an unfragmented woodland via footpath for walking,
nature observation and other passive activities such as dog walking, biking and bird-watching.
This acquisition is at the geographical center of town and near many large neighborhoods, whose residents
would readily take advantage of its amenities. The Boehm parcels add 11.11 acres of open space lands to the
already significant acreage of Sheep Pond Woodlands. It is part of over 300 acres of unfragmented forest in the
region. Boehm abuts the State-owned Cape Cod Rail Trail that forms a corridor connecting several towns from
mid to lower Cape and which accommodates over 200,000 users each year. The site also helps to connect a
future inter-town linkage along Gulls Way, as part of the Cape Cod Pathways/Brewster Pathways system.
3. COMMUNITY BENEFITS:
This preservation would provide multiple benefits to numerous populations. The general current population
of Brewster (9,425) will benefit, as will Brewster’s 30,000+ annual visitors, many of whom will be able to
enjoy this area.
The Brewster voters have been approving land acquisition for over 45 years, accumulating over 1,100 acres to
protect their drinking water and surface waters, wildlife corridors, rare and endangered species habitats and a
massive recreation areas. They approved the Sheep Pond Woodlands Conservation Area 14 years ago. The
three-acre Conservation Commission parcel was added in 1987 and abuts a 9.98 acre parcel on which the
Conservation Commission now holds a conservation restriction.
Gulls Way has been identified as an important linkage for Cape Cod Pathways through-route and endorsed by
the Brewster Board of Selectmen and the Brewster Pathways Committee in 1998. The cartways crossing this
area provide a peaceful and scenic walk through the woods.
Historically the Sheep Pond Woodlands Area has been used and enjoyed for passive recreation by residents and
visitors alike. The 1991, 1999 and 2013 Town of Brewster surveys found that residents value the preservation
of public lands for accessible peaceful recreation.
4. COMMUNITY SUPPORT:
The Town is happy to be a partner in this project. The Brewster Conservation Trust has provided assistance in
negotiations and will have custody of the parcels. The Compact of Cape Cod Conservation Trusts, Inc. has
provided negotiation and technical assistance on this acquisition and has drafted the Conservation Restriction
for the Town.
The letters of support and comment are appended as ATT. 3.
5. TIMELINE:
The Purchase & Sale Agreement was signed on February 24, 2016. With a positive Community Preservation
Committee recommendation, this project will be on the warrant for Spring Town Meeting. If this article is
approved by the voters, the Conservation Restriction will be finalized by the end of the year.
Open Space Committee - Community Preservation Committee Application: Boehm January 26, 2016 Page 8 of 17
6. CREDENTIALS:
The Brewster Conservation Trust will have custody and control of this conservation area. The y currently own
over 489 acres and hold Conservation Restrictions on another 448 acres (Town and private lands). Natural
Resources Department and the Conservation Commission currently control and manage over 1,100 acres of
land. The Brewster Conservation Commission will hold the Conservation Restriction, which will enable it to
also participate in maintenance and management of this conservation area. Residents and visitors will have
public access to these lands.
7. BUDGET:
The land acquisition cost of $275,000 represents the negotiated purchase price. The BCT will purchase the
parcels for $275,000 and is asking the Town to contribute $125,000 for the two Conservation Restrictions.
Appraisal Summary: Michael Sutton, Certified General Real Estate Appraiser
Appraisal Company of Cape Cod, Inc.
170 Route 6A
Orleans, MA 02653
Effective Date of Value: February 29, 2016
Opinion of Market Value as CR parcels: $ 370,000 ($185,000 per lot)
8. MAINTENANCE:
The Boehm purchase will be under the custody and control of the Brewster Conservation Trust. The
Brewster Conservation Commission will hold the Conservation Restriction, which will enable it to also
participate in maintenance and management of this conservation area.
The Brewster Open Space Committee
January 26, 2016
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LIST OF ATTACHMENTS
1. Maps & Photos
a) Assessor’s Map: Boehm Parcel
b) Boehm Parcel: Conservation Land Connectivity
c) Boehm Parcel: State & Regional Land Protection Plans
d) Boehm Parcel: Site Photos, 2015
2) a) Archaeological Resources Map
b) Map Notes for Archaeological Resources Map
3) Letters of Support
a) Brewster Water Commissioners February 9, 2016
b) Brewster Conservation Commission
c) Brewster Pathways Committee
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ATT. 1a. BOEHM PARCEL: ASSESSOR’S MAP
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ATT. 1b. BOEHM PARCEL: CONSERVATION LAND CONNECTIVITY
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ATT 1c. BOEHM PARCEL: STATE & REGIONAL LAND PROTECTION PLANS
Open Space Committee - Community Preservation Committee Application: Boehm January 26, 2016 Page 13 of 17
BOEHM
11.11 acres
North side of
Gulls Way
2015
BOEHM
11.11 acres
Looking east
on Gulls
Way
Property on
left
2015
Open Space Committee - Community Preservation Committee Application: Boehm January 26, 2016 Page 14 of 17
Att. 2a. TOWN OF BREWSTER – ARCHAEOLOGICAL RESOURCES MAP
Open Space Committee - Community Preservation Committee Application: Boehm January 26, 2016 Page 15 of 17
MAP NOTES:
PRIMARY SENSITIVITY (1,000-FOOT PROTECTIVE BUFFER ZONE):
This area generally includes all areas within 1,000 feet of a marine ecosystem, particularly those areas within
close proximity to fresh water. These areas have a high probability of containing prehistoric archaeological
sites. The four most important areas for management consideration based upon available data are: Namskaket
Creek and marsh, the Cape Cod Bay shoreline, Stony Brook Valley, and the major ponds of the Herring River
Drainage System.
SECONDARY SENSITIVITY (500-FOOT PROTECTIVE BUFFER ZONE):
This area generally includes all areas within 500 feet of a water body greater than 3 acres in size that are not a
part of the Herring River or Stony Brook drainage systems. These areas are likely to contain prehistoric
archaeological sites, particularly is they intersect areas of primary sensitivity.
TERTIARY SENSITIVITY:
This area generally includes all areas within a protective zone that skirts wetlands of any size and water bodies
less than three acres in size. Developments that may disrupt the natural character or inhibit public safety are
prohibited in this protective zone. The delineation of the protection zone is defined in the Town of Brewster’s
Wetlands Conservancy District Bylaw and are subject to the regulations that constitute the Wetlands Protection
act, MGL.c.131, --40, as amended. Archaeological sites may exist within these environments.
Maps originally produced in 1993, with revision/updates in 1996 and 1998, by the Cape Cod Commission.
ATT. 2b. MAP NOTES FOR ARCHAEOLOGICAL RESOURCES MAP
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ATT. 3a: LETTER OF SUPPORT– BREWSTER WATER COMMISSIONERS
Open Space Committee - Community Preservation Committee Application: Boehm January 26, 2016 Page 17 of 17
ATT. 3c: LETTER OF SUPPORT –BREWSTER PATHWAYS COMMITTEE