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HomeMy WebLinkAbout5. CPC Full Application Mill Pond Preserve 5.13.2025Appropriated CPA funds require one or more deed restrictions (conservation / historic preservation / housing). Sample restrictions are available at the Official Website of the Town of Barnstable www.town.barnstable.ma.us. Applicants must provide the first draft of their restriction to the CPC Project Coordinator. The Town of Barnstable Legal Department and Legal Consultant shall review and approve the restriction prior to the final commitment of the CPA funds to the project. CPC Application Submission Date: May 13, 2025 Project Title: Mill Pond Preserve Land Protection Project Project Map/Parcel Number: 058/012 Estimated Start Date: April 1, 2025 Estimated Completion Date: June 30, 2026 Purpose (please circle all that apply): Open Space Public Community Housing Private Historic Non-Profit Recreation Partnership (Describe below #3) Town Affiliation** (**Applications must be approved by the Town Manager prior to submission) Applicant Contact: Name: Janet Milkman, Executive Director Organization (if applicable): Barnstable Land Trust, Inc. Address: 1540 Main Street, West Barnstable, MA 02668 Mailing Address: Same Daytime Phone #: 508 771 2585 x 105 E-mail Address: janet@blt.org Primary Contact (if different from applicant contact): Name: Same Address: Mailing Address: Daytime Phone #: E-mail Address: Appropriated CPA funds require one or more deed restrictions (conservation / historic preservation/ housing). Sample restrictions are available at the Official Website of the Town of Barnstable www.town.barnstable.ma.us. Applicants must provide the first draft of their restriction to the CPC Project Coordinator. The Town of Barnstable Legal Department and Legal Consultant shall review and approve the restriction prior to the final commitment of the CPA funds to the project. CPC Application Budget Summary: Total budget for project: $1,286,500 CPA funding request: $ 600,000 Matching funds (committed/under consideration): $ 686,500 1. Project summary (description and goals): The Mill Pond Preserve Land Protection Project will permanently protect 13 acres of ecologically significant pond-front property on Mill Pond in the village of Marstons Mills. Barnstable Land Trust has an agreement with the current property owner for the purchase of the property and seeks Community Preservation Act funding in support of the acquisition. This 13-acre pond-front property is a high-priority for protection due to the following important conservation values: • The 750± feet of pond frontage provides a crucial vegetated buffer to Mill Pond, helping protect water quality and providing vital wildlife habitat. • Areas of the property are mapped as NHESP Priority Habitat of Rare Species, BioMap Rare Species Core Habitat, and BioMap Regional Rare Species Habitat. Protection of this property will safeguard areas critical to the long-term survival of vulnerable species and their habitats. • The property is designated as BioMap Aquatic Core Habitat and Buffer, which includes freshwater habitats with the highest diversity of rare aquatic species, the strongest anadromous (migratory) fish runs, and habitats most resilient to a warming climate. These areas represent some of the most structurally and functionally intact freshwater ecosystems in the state. • The property lies within mapped BioMap Local Landscape Blocks, which consist of large, unfragmented areas of land and water that provide habitat for wide-ranging species, support dynamic natural processes, and enhance ecosystem resilience. • The property is bordered by 400 acres of existing protected open space, including Town-owned wellhead protection land to the north and west, and BLT-owned land across the pond to the east. These connections offer the opportunity to extend and improve trail networks for public passive recreation. • Nearly half of the property falls within the MassDEP Zone II Wellhead Protection Area, making it crucial for protecting water quality for drinking water supply. • The Marstons Mills River is the primary tributary within the Three Bays Watershed. Currently, the water quality of the Three Bays estuary is severely impaired and routinely exceeds water quality standards for nitrogen. The causes of this impairment include septic system leaching, stormwater runoff, and development in surrounding areas. Protecting this 13-acre property will help preserve the watershed from further degradation by preventing development along Mill Pond’s shoreline. 2. How does this project help preserve Barnstable’s character? The property includes significant frontage on Mill Pond in historic Marstons Mills. Mill Pond dates back to the 17th century when part of the Marstons Mill River was dammed to power a gristmill on its shores. Mill Pond is one of the most photographed bodies of water on Cape Cod. Tucked into the intersection of Routes 28 and 149, it serves as a scenic wildlife refuge and an active herring run for fish migrating upstream to spawn in Middle Pond. Protection of the property will help preserve the scenic character of Marstons Mills and the Town of Barnstable. 3. Partnership(s) Description: Barnstable Land Trust, Inc. (BLT) has an agreement with the current owner for the fee simple acquisition of the 13-acre property. Due to the accelerated timeline for closing required by the current owner, BLT’s nonprofit partner, The Compact of Cape Cod Conservation Trust, Inc. (The Compact), has agreed to pre-acquire the property on BLT’s behalf by June 30, 2025. This intermediate step will allow BLT to launch the fundraising campaign necessary to fully fund the property acquisition. BLT plans to acquire the property in the first half of 2026 and grant a conservation restriction to the Town of Barnstable, ensuring permanent preservation of the land. 4. Provide a detailed project timeline: Timeline Action/Milestone March, 2025 Right to purchase assigned to BLT 31 March, 2025 Exercise Notice issued to property owner April, 2025 Agreement with The Compact to act as conservation buyer May, 2025 Submit CPA Funding Application to Town of Barnstable April/May, 2025 Update Appraisal May, 2025 Draft Conservation Restriction June 24, 2025 Interim closing. The Compact to act as interim "conservation buyer" June, 2025 Town Council Meeting CPA 1st reading July, 2025 Town Council Meeting CPA 2nd reading and vote July, 2025 Submit Conservation Partnership Grant Funding Application (or Town LAND grant) July, 2025 CR submitted to DCS for review October/November, 2025 Conservation Partnership Grant award notification Early 2026 CR approved for local signatures Early 2026 Collect CR signatures May, 2026 BLT acquires property from The Compact May, 2026 CR recorded - granted to Town of Barnstable May, 2026 CPA funds to BLT June, 2026 State Conservation Partnership Grant reimbursement 5. How does this project meet the General Criteria and Category Specific Criteria for CPC projects? • Consistency with the Local Comprehensive Plan and other planning documents that have received wide scrutiny and input and have been adopted by the town; o Consistent with Final Vision Plan of LCPC, including to “Protect, restore and enhance priority natural habitats, salt and fresh water resources, and open spaces” and “Build on our outstanding recreational opportunities and enhance access to open spaces while also ensuring no environmental harm as recommended by the open space and recreation plan.” o Consistent with Goal 1 of Open Space and Recreation Plan (OSRP) to protect and maintain a maximum amount of open space to enhance environmental protection, recreational opportunities, and community character. o Consistent with Goal 2 of OSRP: Plan, coordinate and execute open space protection measures that complement community efforts to protect water supply, protect fresh and marine surface waters, preserve historic, scenic and cultural resources, and provide opportunities for farming and agriculture. Consistent with following sub-goals:  2.2 Coordinate open space protection measures with efforts to protect wildlife habitat and augment the Town’s green corridors and spaces and  2.3 Coordinate open space protection measures with efforts to protect fresh and marine wetlands and surface waters. o Consistent with Goal 3 of OSRP: Provide diverse recreational opportunities and access throughout Barnstable and ensure that the current and future needs of all user groups are met appropriately, and the following subgoals:  3.5 Provide adequate passive recreation facilities and programs;  3.6 Coordinate planning for the Town’s greenway network to maximize opportunities for trailways, bikeways, Cape Cod Pathways, and connections between open spaces. • Preservation of the essential character of the town; The property includes significant frontage on Mill Pond in historic Marstons Mills and provides the backdrop to a popular scenic overlook at Route 149. Protection of the property will help preserve the scenic character of Marstons Mills and the Town of Barnstable. • Save resources that would otherwise be threatened and/or serve a currently underserved population; Conservation of the property will protect land threatened by development. Without conservation, the property could be developed into five building lots. • Demonstrate practicality and feasibility and demonstrate that they can be implemented expeditiously and within budget; based on decades of expertise, experience, and flexibility at BLT this project can be completed within a year. • Produce an advantageous cost/benefit value; CPA funding would leverage a state Conservation Partnership grant, and BLT private fundraising, so that CPA funds would only need to cover less than 50% of the total project cost. • Leverage additional public and/or private funds; applications that identify commitment from other funding sources will receive a higher priority; see above, MA Conservation Partnership Grant, and private funding. • Serves more than one CPA purpose: property provides conservation, passive recreation, and historic preservation opportunities. Open Space Criteria • Protecting land bordering on wetlands in order to assist in minimizing or eliminating eutrophication of habitat; protection of the property, The parcel borders Mill Pond and provides a buffer for wildlife habitat and the protection of water quality. • Permanently protect important wildlife habitat, including areas that are of local significance for biodiversity. The locus parcel is thickly wooded upland and is mapped as NHESP Priority Habitat of Rare Species, BioMap Rare Species Core Habitat, and BioMap Regional Rare Species Habitat. • Contain a variety of habitats, with diversity of geologic features and types of vegetation; the property includes both wetland and upland, with varied topography. The property lies within mapped BioMap Local Landscape Blocks, which consist of large, unfragmented areas of land and water that provide habitat for wide-ranging species, support dynamic natural processes, and enhance ecosystem resilience • Preserve scenic, agricultural, historic, archeological or wooded character; The property serves as a scenic wildlife refuge and an active herring run for fish migrating upstream to spawn in Middle Pond. Protection of the property will help preserve the scenic and wooded character of Marstons Mills and the Town of Barnstable. • Provide opportunities for passive recreation and environmental education; the property abuts existing Town and BLT open space. A trail connection will provide new passive recreation opportunities. • Protect or enhance wildlife corridors, promote connectivity of habitat or prevent fragmentation of habitats; the property abuts existing protected opens space to the north and south, providing an important habitat connection. • Provide public access; provides access to a walking trail for passive recreation. The property is bordered by 400 acres of existing protected open space, including Town-owned wellhead protection land to the north and west, and BLT-owned land across the pond to the east. These connections offer the opportunity to extend and improve trail networks for public passive recreation. Historic Preservation Criteria • Protecting, preserving, enhancing, restoring and/or rehabilitating historic, cultural, architectural or archaeological resources of significance, especially those that are threatened. The property includes significant frontage on Mill Pond in historic Marstons Mills. Mill Pond dates back to the 17th century when part of the Marstons Mill River was dammed to power a gristmill on its shores. Mill Pond is one of the most photographed bodies of water on Cape Cod. Protection of the property will help preserve the scenic character of Marstons Mills and the Town of Barnstable. • Demonstrating a public benefit; via a walking trail, the public will have access to the property. Scenic views from the Mill Pond herring run overlook will be preserved. • Demonstrating the ability to provide permanent protection for maintaining the historic resource. The property will be restricted from development via a Conservation restriction granted to the Town, and Barnstable Land Trust will maintain the property in perpetuity. Recreation Criteria • Jointly benefit Conservation Commission and Recreation Commission initiatives by promoting passive recreation such as hiking, biking and cross-country skiing on town-owned property; provides public access to a new walking trail. 6. Provide a detailed budget, including the following information, as applicable: (Fiscal Year, Total Cost, CPC Funds Requested, Other Sources of Funding sought and received, and cost estimates/quotes received): Project Costs Acquisition Cost $1,200,000 Additional project costs $86,500 TOTAL costs $1,286,500 Funding Sources LCA Grant $8,550 Deposit paid $35,000 Conservation Partnership Grant (pending application) $425,000 Town CPA funds $600,000 Mass Audubon Catalyst Fund (pending approval) $100,000 BLT fundraising $117,950 Total $1,286,500 7. Assessor’s office identification map and map and parcel number: Map 058 Parcel 012 LOCUS Signature of Applicant Date Signature of Applicant Partnership Date **Additional information may be provided as well as requested. May 13, 2025 MILL POND LAND PROTECTION PROJECT, 13 ACRES 3640 FALMOUTH ROAD, MARSTONS MILLS, BARNSTABLE Project Locus PROJECT LOCUS 13 ACRES MILL POND LAND PROTECTION PROJECT, 13 ACRES 3640 FALMOUTH ROAD, MARSTONS MILLS, BARNSTABLE Connected Open Space Parcels PROJECT LOCUS 13 ACRES Water Protection Land Marstons Mills Conservation Area BLT MILL POND LAND PROTECTION PROJECT, 13 ACRES 3640 FALMOUTH ROAD, MARSTONS MILLS, BARNSTABLE NHESP Priority Habitats of Rare Species BioMap Rare Species Core Habitat PROJECT LOCUS 13 ACRES The property includes areas designated as NHESP Priority Habitat of Rare Species, and BioMap Rare Species Core Habitat. The protection of the property will protect areas critical to the long- term conservation of our most vulnerable species and their habitats. MILL POND LAND PROTECTION PROJECT, 13 ACRES 3640 FALMOUTH ROAD, MARSTONS MILLS, BARNSTABLE BioMap Aquatic Core Habitat and Buffer BioMap Regional Rare Species The property is designated as BioMap Aquatic Core Habitat and BioMap Aquatic Core Buffer, containing freshwater habitats with the highest rare aquatic species diversity, strongest anadromous (migratory) fish runs, and habitats most resilient to a warming climate. These areas represent the most structurally and functionally intact freshwater ecosystems in the state. PROJECT LOCUS 13 ACRES MILL POND LAND PROTECTION PROJECT, 13 ACRES 3640 FALMOUTH ROAD, MARSTONS MILLS, BARNSTABLE Zone I and Zone II Wellhead Protection Areas Almost half of the property falls with the MassDEP Zone II Wellhead Protection Area important for protecting drinking water supply. PROJECT LOCUS 13 ACRES MILL POND LAND PROTECTION PROJECT, 13 ACRES 3640 FALMOUTH ROAD, MARSTONS MILLS, BARNSTABLE BioMap Local Landscape Blocks Landscape Blocks comprise large areas of intact, unfragmented lands and waters that provide habitat for wide-ranging species and support dynamic natural processes and resilient ecosystems. PROJECT LOCUS 13 ACRES MILL POND LAND PROTECTION PROJECT, 13 ACRES 3640 FALMOUTH ROAD, MARSTONS MILLS, BARNSTABLE Diadromous Fish River Herring Spawning, Nursery and Migratory Habitat PROJECT LOCUS 13 ACRES Diadromous Fish River Herring Spawning and Nursery Habitat Diadromous Fish Migratory Habitat Marstons Mills River Middle Pond Mill Pond MILL POND LAND PROTECTION PROJECT, 13 ACRES 3640 FALMOUTH ROAD, MARSTONS MILLS, BARNSTABLE 2023 Aerial Image PROJECT LOCUS 13 ACRES MILL POND LAND PROTECTION PROJECT, 13 ACRES 3640 FALMOUTH ROAD, MARSTONS MILLS, BARNSTABLE Existing Trails