HomeMy WebLinkAboutLAPC_Ltr to Chair Canedy_12-08-20211
VIA EMAIL
December 8, 2021
Ms. Ann Canedy
Chair
Town of Barnstable Land Acquisition and
Preservation Committee
c/o Rachael.toolas@town.Barnstable.ma.us
Re: Friends of the Centerville Cranberry Bog Preservation, Inc.
Dear Ms. Canedy,
I write on behalf of the Friends of the Centerville Cranberry Bog Preservation, Inc. (the “Friends”),
seeking the assistance of the Land Acquisition and Preservation Committee (the “LAPC”) and
urging it to recommend preservation of some 20 acres of land commonly known as the Jenkins
Bog, 1246 Bumps River Road, Centerville (shown below), to the Community Preservation (Act)
Committee.
Friends’ Mission; Background of this request: The Friends is a nonprofit corporation formed
by Town citizens and taxpayers who desire to
preserve, protect, and maintain, alone and with other
like-minded organizations and individuals, as well as
with the federal, Commonwealth, and local
governments and with private landowners, the Jenkins
Bog as an accessible, natural open space and resource
for public education and enjoyment and for the benefit
of wildlife and indigenous vegetation. The impetus
for the Friends formation was the transfer of the
Jenkins Bog to a private owner who has filed
documentation to convert the property to a single-
family residence and who has applied to the Town
Conservation Commission for a Request for
Determination of Applicability seeking a Negative
Determination to construct ~1800 linear feet (.34
mile) of 6 feet tall chain-link security fence around the
westerly side of the property. The Conservation
Commission ultimately issued Positive
Determinations and required the new owner to seek a
Notice of Intent. The owner has appealed to the
Massachusetts Department of Environmental
Protection, requesting a Superseding Determination
of Applicability.
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The Property: The Jenkins Bog was operated for many years by James A. Jenkins and Son. Jim
Jenkins was a member of the Ocean Spray Cooperative and a director of the Cape Cod Cranberry
Bog Association; he passed away in 2018. In December 2020, the Jenkins Family Trust, owner of
the property, listed the bog for sale. Because the property was enrolled as “Chapter land” pursuant
to Chapter 61A of the Massachusetts General Laws, which affords favorable tax treatment for
agricultural and horticultural land, the Trust was required by statute to notify the Town of
Barnstable that it intended to sell the property to a new owner for a nonagricultural use. This notice
would then trigger a right of first refusal (“ROFR”) to the Town to acquire the property, or to
assign its right to acquire the property to a nonprofit conservation organization, afforded the Town
by the provisions of Chapter 61A. While the law required the Trust to send this notice to the Town
Manager, the Town Council, the Board of Assessors, the Planning Board, the Conservation
Commission, and the State Forester, we learned through a Freedom of Information Act request
that the notice was sent only to the Town Manager in March 2021. Unbeknownst to the other
required notice receivers, the Town Manager declined to exercise the Town’s ROFR to acquire the
Jenkins Bog in April 2021. The Friends became aware of this situation only in August 2021, when
the new owner applied to erect the fence and notified abutters within 100 feet of the proposed
activity.
Following meetings with the Friends and other interested community members, the Town Attorney
recently notified the Jenkins Family Trust and the buyer that the required notice was not given and
asked that the statutorily mandated notice provisions be followed. After being properly noticed,
the Town will have the opportunity to acquire this important property, or to assign its right to do
so to a nonprofit conservation organization such as the Barnstable Land Trust, if it so desires. The
Friends implore the LAPC to support the exercise of the ROFR for the reasons set forth below, all
of which satisfy the LAPC’s open space acquisition criteria.
Open Space Acquisition Criteria of the LAPC
Community Character: Historical/Archeological/Scenic
The Jenkins Bog is one of the only -- if not the only -- remaining large parcels of open land in
Centerville, a village which, by 2005, was 95% built out under current zoning and was cited as a
District of Critical Planning Concern by the Barnstable County Assembly of Delegates. The bog
property’s southerly edge abuts Bumps River Road, in between Bay Lane and Fuller Road; all
three of these roadways are included in the Listing of Scenic Roads by Village that forms part of
the Town’s 2018 Open Space and Recreation Plan. The vista of the open land from Bumps River
Road is quintessentially Cape Cod, as the harvesting of cranberries has drawn onlookers from far
and near for decades.
Former commercial bogs often are preserved as public lands because they are a vital part of Cape
Cod culture. Cranberry harvesting is among the most well-known historic industries of Cape Cod,
featured in documentaries and annual fall news stories. Tourist merchandise includes
representations of the industry -- postcards, charms of cranberry scoops, old cranberry boxes --
and the harvest is celebrated with fall festivals. Bogs are prime visitor destinations, providing
dramatic views as iconic as those of the shoreline. The Jenkins Bog epitomizes such a setting.
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In its 2010 Historic Preservation Plan Update, the Town noted that “[d]espite Barnstable’s rich
agricultural heritage, extensive development has caused a significant loss of the town’s historic
farmland; few landscapes and outbuildings have been preserved.” Preservation of the Jenkins Bog
would ameliorate this loss. As the photo below depicts, the property includes several acres of
upland on which are situated a small house, erected in the past for bog workers, and an equipment
barn or shed. Both of these structures are worthy of preservation.
Aesthetics and historical values
In its Wetlands Protection Bylaw (Town Code Chapter 237), the Town cites aesthetics and
historical values of wetlands and related water resources as interests to be protected. “Aesthetics”
is defined as the retention or improvement of natural conditions, including natural lighting, sound,
odors and significant trees experienced by the general public from public ways . “Historical values”
are defined as the importance of wetlands and adjoining land areas as sites often used for
prehistoric and historic occupation, subsistence, industry, trade agriculture, burial and other
cultural purposes.
As noted above, the aesthetics of the Jenkins Bog and its historic use for an industry of incredible
economic importance to Cape Cod are worthy of the protection contemplated by the Town.
Drinking Water Protection; Proximity to Inland and Coastal Water Bodies
As LAPC members know, Cape Cod has one aquifer. Increasingly, nitrogen loading is adversely
affecting the quality of the ground and surface waters. Several bogs are being restored to wetlands,
including one formerly owned by the Jenkins family located in Harwich. A recent presentation to
the LAPC detailed the ongoing efforts of the Barnstable Clean Water Coalition to renovate a
former cranberry bog in Marstons Mills. The Town’s acquisition of the Jenkins Bog would
complement this and similar efforts.
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The stream flowing through the bog and out under
Bumps River Road eventually empties into Scudder
Bay. The stream is shown to be perennial on the
United States Geological Service (USGS)
Topographic Map and, accordingly, is presumed to
be a river under Massachusetts Department of
Environmental Protection (DEP) regulations (see
310 CMR 10.58(2)(a)(1)a). Two small outfall
parcels that form part of the property (18075,
18076) adjoin land owned by the Town that is part
of the Bay Lane Elementary School property. The
stream’s path travels to the right of the school’s baseball field and tennis courts, as shown in the
aerial photo at left.
Recreation: Passive and/or Active
For decades, the Jenkins family permitted members of the public access to the property for
recreation, including ice skating years ago. This access has also been permitted by abutters of the
bog property on its easterly side. Keeping this area open for public enjoyment would be of great
benefit, especially in a densely developed village.
Urban Greenspace
As noted above, the Jenkins Bog is one of the only -- if not the only -- remaining large parcels of
open land in Centerville, a densely populated village cited as a District of Critical Planning
Concern by the Barnstable County Assembly of Delegates.
Wildlife Habitat Protection
The Jenkins Bog provides important habitat and a corridor for wildlife, including fish, amphibians
and reptiles, waterfowl, wild turkeys, rodents, raptors, white tailed deer, raccoons, opossum, foxes,
and coyotes/coywolves. In addition to the animals whose habitat lies within the stream and pond
on the property or in the trees and shrubs surrounding it, many others traverse the property to feed
and breed. Indigenous plants grow in areas adjoining the bog. These pockets of habitat sustain the
wildlife, whose existence is increasingly threatened by encroaching real property development.
In a letter submitted to the Conservation Commission in connection with the buyer’s Request for
Determination of Applicability, Dr. Jon Way provided testimony regarding the importance of
preserving the cranberry bog as a wildlife habitat and on the negative impact that the proposed
fence would have on that habitat. Dr. Way has a B.S. (UMass Amherst), M.S. (UConn Storrs),
and doctorate (Boston College) related to the study of eastern coyotes/coywolves. He has
published several books on coyotes and their habitat. Dr. Way’s testimony was bolstered by that
of Dr. Eric Strauss, President’s Professor of Biology at Loyola Marymount University and
Executive Director of the University’s Center for Urban Resilience, whose work focuses on the
behavioral ecology of coyotes and other animals and their roles in urbanizing ecosystems.
Formerly a 40-year resident of the Town, as well as a former member and Chair of the
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Conservation Commission, Dr. Strauss wrote to the Conservation Commission to advise that the
Jenkins Bog “is a significant part of the intact green infrastructure that is so rapidly disappearing
on Cape Cod…. [It] is part of a chain of open spaces that help keep the biodiversity and ecosystem
services of the Town intact.” Dr. Strauss cautioned that “any significant alteration of a habitat of
this value should be considered with the utmost care.”
Again, the Jenkins Bog satisfies a criterion established by the LAPC for recommending open space
preservation.
Conclusion
For all of the reasons set forth above, the Friends respectfully ask the LAPC to recommend
preservation of the Jenkins Bog, 1246 Bumps River Road, Centerville, to the Community
Preservation (Act) Committee and to urge the Town to exercise its ROFR on behalf of the citizens
and taxpayers of the Town. I look forward to meeting with you on December 13, 2021.
Very truly yours,
Friends of the Centerville Cranberry Bog Preservation, Inc.
By: Mary E. St. George
President