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