Loading...
HomeMy WebLinkAboutMills property vote and rationale 07 10 23 (Redlined MF) A. NEW BUSINESS (REFER TO SECOND READING _XX/XX/2023) BARNSTABLE TOWN COUNCIL ITEM NO. 2023-XXX___ INTRO.: XX/XX/2023 2023-XXX AMENDMENT TO MILLS PROPERTY CONSERVATION RESTRICTION APPROVED UNDER TOWN COUNCIL ITEM #2008-022 TO ADD ACREAGE OF AN ADDITIONAL 15 +/- ACRES WHEREFORE, in 2002, the Towns of Barnstable and Mashpee jointly purchased the fee in the 293+- acre Santuit Pond Preserve and a Conservation Restriction (“CR”) was placed on the property to be held by the Massachusetts Department of Fish and Game (“DFG”), which paid a portion of the purchase price for the property, covering the entire 293 acres at that time; and WHEREAS another fifteen (“15”) acre parcel of property known as the Mills Property, located wholly within the Town of Mashpee, and abutting the Santuit Pond Preserve was not at that time also acquired when the 293 acres was acquired due to title issues on the 15 acres, although the Towns were interested in adding those 15 acres to the CR; and WHEREAS those title issues have since been resolved such that the additional 15 acres can now be added to the CR and the Towns can now finalize and record an Amendment to the CR to put the Mills Property under the CR that covers the original 293 acres; and WHEREAS inclusion of the Mills Property in the original CR through an Amendment to CR will make the total acreage 308 acres; and WHEREAS, in 2007 the Barnstable Town Council voted at its meeting of October 18, 2007 to appropriate One Hundred Fifty Thousand Dollars (“$150,000.00”) for Open Space with Community Preservation Act (“CPA”) funds for co-purchasing with Mashpee 15 acres +- of Mills family properties adjacent to the property acquired in 2002 said funds being held in an account earmarked for payment to the Town of Mashpee, and said funds to be used in conjunction with Town of Mashpee CPA funds; and WHEREAS, the Town Council vote in 2007 included accepting any gifts or grants including EOEA drinking water supply protection grant and authorized Town Manager to execute all necessary documents; and WHEREAS, in 2010, the Town of Mashpee purchased the 15 acre Mills Property with the intent of conveying a half (½) interest in the property to Town of Barnstable for some monetary consideration, which monetary consideration of $150,000.00 the Barnstable Town Council had approved in the above-mentioned October 18, 2007 vote for acceptance of a fifty percent (50%) interest in the additional 15 acres to be subject to the CR; and NOW THEREFORE, the Town Council RESOLVES: That the Town Council acknowledges and ratifies 1) in conjunction with the Town of Mashpee, a gift of a Conservation Restriction to be placed on approximately 15.24 acres of land known as the Mills Parcels to be held by the Commonwealth of Massachusetts acting through its Department of Fish and Game in accordance with Chapter 149 of the Acts of 2013, said Conservation Restriction to be effectuated by means of an Amendment to the Consensual Order of Taking of Conservation Restriction on the adjacent 293-acre property co-owned by the Towns of Barnstable and Mashpee dated June 12, 2002 and recorded in the Barnstable County Registry of Deeds in Book 15305 at Page 123 by which Amendment said 15.24 acres will be added to said Conservation Restriction; and 2) authorizes the Town Manager, on behalf of the Town of Barnstable, to sign any documents necessary and pertinent thereto. ACTION TAKEN: DATE ___________ _______________________ ___________ _______________________ ___ Read item ___ Rationale ___ Council discussion ___ Move/vote BARNSTABLE TOWN COUNCIL 2023- XXX SUMMARY TO: Town Council FROM: Lindsey Counsell, Chair, Community Preservation Committee DATE: ___________________ , 2023 SUBJECT: Amendment to Conservation Restriction to add acreage on Mills Property Background: The Community Preservation Committee (CPC) previously met on July 31, 2007 and recommended that the Town support the funding request of One Hundred Fifty Thousand Dollars ($150,000.00) made by the Town of Mashpee to co-purchase for open space approximately Fifteen (15) acres of Mills family lands in the Town of Mashpee. The Town Council voted in October 2007 to appropriate the $150,000 to fund that purchase, and those funds have remained and remain in a CPC Open Space Fund while the parties drafted an Agreement to Amend the Conservation Restriction previously placed on an abutting Two Hundred Ninety Three (293) acres to include this additional 15 +/= acres which will be held as Open Space by the Commonwealth of Massachusetts through its Department of Fish and Game (“DFG”). Rationale: The Barnstable Town Council previously voted to appropriate the requested funding of $150,000 of the Two Hundred Forty Thousand Dollars ($240,000) requested by the Mashpee Community Preservation Committee for the purchase of the so called Mills property in the Town of Mashpee. This approximately 15.235 acre parcel was part of the original proposal for the purchase of the Cape Club Golf Course property now called the Santuit Pond Preserve. Due to extensive title work that was required for this property and the need to have legislative approval of an Article 97 request for the Town of Barnstable to acquire this ½ interest in this land, which Article 97 legislation was approved, and the lengthy negotiations on the terms of the Conservation Restriction with the Massachusetts DFG, the transaction has taken a very long time and this is the final step to complete this property acquisition has been delayed. The appraised value of this property is Eight Hundred Thirty Five Thousand ($835,000). Mashpee Town Meeting previously voted to fund Seven Hundred Twenty Seven Thousand Dollars ($727,000) for the purchase of this land and contingencies. The proposal is that the property would be jointly owned and managed by both Towns as a part of the Santuit Pond Preserve. This land is important to Barnstable in that it continues our partnership with the Town of Mashpee protecting important Open Space. The land is an important high priority wildlife habitat and a wildlife corridor according to a 2003 study. This land provides linkages to existing trails and hiking areas. Preservation of these parcels will also protect a Zone 2 water supply recharge area. The care and maintenance of this land is important to Barnstable residents in the Hollow Road / Santuit Newtown Road area in that management of illegal off road vehicles and dumping is most easily served by Barnstable resources as this land abuts our existing holdings. In fact, historically the lands east of Santuit Pond and the Santuit River were once part of the Town of Barnstable, those water bodies formed a natural boundary, and when Mashpee was incorporated the town line was changed and it fell along parcel boundaries that had been established at the time. The Town of Mashpee has informed the parties that it will take a confirmatory vote given that the original vote to place the 293 acres was so long ago, and it now also needs to vote to add the additional 15+/- acres. The Town Council is being asked to vote the same. FISCAL IMPACT: TOWN MANAGER RECOOMMENDATION: Mark S. Ells, Town Manager, upon recommendation of the Community Preservation Committee. STAFF SUPPORT: Lindsey B. Counsell, Chair, Community Preservation Committee, Kate Connolly, Assistant Town Attorney.