HomeMy WebLinkAbout2023-09-10 Bettina D. Abe Memo to Barnstable Conservation Commission RE Proposed 35 Scudder CR
September 11, 2023
To: Barnstable Conserva8on Commission
From: Be;na Abe, 83 Edgehill Road, Hyannis Port
Re: 20230822-Quarterra-289110 NOI Proposed CR
Regarding the applicant’s proposed conservation restriction (CR) on the 35 Scudder property, I request that
items numbered below factor into the Commission’s decision on this NOI, and be addressed in the (“specials”)
in the Order of Conditions, should you decide to permit the project. The applicant is seeking “credit” for a
vaguely described conservation restriction on a portion of the property on which it does not plan to
build. First, much of that land is so restricted that building would be severely limited, if not wholly
forbidden. It should not get “credit” for simply subjecting land to restrictions that laws and regulations
already impose.
Regardless, if the applicant is seeking “credit” for this, then a number of questions arise even if you do not
directly have jurisdiction over all aspects:
1. Who/what organization will hold the CR?
2. Will the applicant (and all future owners of the property) be accountable for all expenses, both in creating
the CR and in managing the land in perpetuity?
a. These expenses would include:
-drafting the CR
-conducting the baseline documentation report
-performing annual monitoring and reporting
-establishing a legal defense fund for the CR (title and insurance)
3. What is the long-term invasive species management plan within the boundaries of the CR?
a. Will the applicant be required to submit an invasive species management plan for inclusion in the
Order of Conditions?
4. Will the applicant provide sufficient funds in an endowment for future invasive species
treatment/remediation within the CR acres?
a. There is Japanese knotweed in the southwest corner of this parcel and proposed CR boundary,
which aggressively spreads and is expensive to mitigate.
b. Please cite the amount of money you might request be put in an endowment and how that amount
was determined.
5. What will you prioritize and stipulate in the Order of Conditions that the allowable and prohibited uses
within the CR boundaries be? (i.e.structures, motorized vehicles, pesticides, herbicides, to name only a few).
6. Will there be public access and/or trails to/on the CR?
7. Will you require that the burden of the costs of managing the proposed CR will not fall to the tax payers or
the Town of Barnstable in the future?
Thank you for your public service, dedication to conservation, and consideration.