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HomeMy WebLinkAboutResponse to Public Comment_November 30 2024 LCPC MeetingLocal Comprehensive CommiƩee MeeƟng November 30, 2023 Response to Public Comment QuesƟon #1: Are the dark green areas shown on the Open Space by Level of ProtecƟon Map public or private lands that are commiƩed to long-term protecƟon? How is that calculated and does it include various types of conservaƟon easements? Response: The Open Space by Level of ProtecƟon Map was developed using data from the town’s Geographic InformaƟon System (GIS), and MassGIS. The town’s GIS data is updated in coordinaƟon with data from our Assessment Department. The legend defines the four categories of open space: in perpetuity, temporary, limited, and none. DefiniƟons for each of the categories are provided below. The dark green areas represent open space that is protected in perpetuity which includes both public and private lands. The definiƟon for “in perpetuity” provides further insight for the what type of land qualifies as being protected in perpetuity.  In Perpetuity (P)- Legally protected in perpetuity and recorded as such in a deed or other official document. Land is considered protected in perpetuity if it is owned by the town’s conservaƟon commission or, someƟmes, by the water department; if a town has a conservaƟon restricƟon on the property in perpetuity; if it is owned by one of the state’s conservaƟon agencies (thereby covered by arƟcle 97); if it is owned by a non-profit land trust; or if the town received federal or state assistance for the purchase or improvement of the property. Private land is considered protected if it has a deed restricƟon in perpetuity, if an Agriculture PreservaƟon RestricƟon has been placed on it, or a ConservaƟon RestricƟon has been placed on it.  Temporary (T) - Legally protected for less than perpetuity (e.g. short term conservaƟon restricƟon), or temporarily protected through an exisƟng funcƟonal use. For example, some water district lands are only temporarily protected while water resource protecƟon is their primary use. These lands could be developed for other uses at the end of their temporary protecƟon or when their funcƟonal use is no longer necessary. These lands will revert to unprotected status at a given date unless protecƟon status is extended.  Limited (L) - Protected by legal mechanisms other than those above, or protected through funcƟonal or tradiƟonal use. These lands might be protected by a requirement of a majority municipal vote for any change in status. This designaƟon also includes lands that are likely to remain open space for other reasons (e.g. cemeteries and municipal golf courses).  None (N) - Totally unprotected by any legal or funcƟonal means. This land is usually privately owned and could be sold without restricƟon at any Ɵme for another use (e.g. scout camps, private golf course, and private woodland). QuesƟon #2: What are the tools that the Town has available to encourage open space conservaƟon? Is it zoning or regulaƟons or land acquisiƟons or incenƟves to landowners? Response: The town’s Community PreservaƟon CommiƩee (CPC) is charged with recommending the expenditure of funds generated from the Community PreservaƟon Act which was voted by the residents in 2005. A minimum of 10% of the annual revenues of the fund must be allocated for each of the three categories; historic, housing and open space. The remaining 70% can be allocated for any combinaƟon of the allowed uses, or for the acquisiƟon of land for recreaƟonal use. Funding allocated for open space has been used to acquire and preserve open space. UlƟmately, the CommiƩee recommends potenƟal projects to the Town Manager and Town Council for funding based on eligible criteria. A list of recent CPA funded projects is included within the ExisƟng CondiƟons Report defined on pages 24-25. QuesƟon #3: There is an internaƟonal iniƟaƟve called thirty by thirty requiring that at least thirty percent of land and water areas is set aside under conservaƟon by the year 2030 to try to prevent exƟncƟon of plants and animals. Is that an aƩainable goal? Response: The ExisƟng CondiƟons Report defines open space by level of protecƟon within Table 3.4 found on page 26. As of August 2022, 11,469 acres or (29%) of the town’s sixty square miles or roughly 38,500 acres are protected in perpetuity. QuesƟon #4: Was the Open Space and RecreaƟon Land table that was included within the presentaƟon calculated for each village? How much of the land was preserved in Hyannis? Response: The Summary of Open Space and RecreaƟon Land table that compares values from 2010 to 2023 is included within the draŌ Phase II Land Use chapter. The draŌ chapter was included with the meeƟng materials for the December 14th meeƟng and an updated version of the chapter is available with the meeƟng materials for the January 25th meeƟng. MeeƟng materials are accessible on the project website BarnstableLCP.com via the Document Library tab. The ExisƟng CondiƟons Report includes further data defining protected open space, recreaƟon land and other open space and public land organized for each of the seven villages defined within Table 3.2 found on pages 22-23. Of the 11.360.72 acres of land protected in the Barnstable, 233.08 acres or 2% are protected in Hyannis. Of the 4,547.65 acres of recreaƟon land and other open space and public land in the Barnstable, 1,119.53 acres or 24% is in Hyannis. QuesƟon #5: Is there a map of protected areas within our mariƟme regions along our coastline? There are important environmental resources there that we will want to ensure are protected. Response: The MassachuseƩs Ocean Resource InformaƟon System (MORIS) provides data and interacƟve maps pertaining to the state’s coastal zone. With regard to regulaƟons, Chapter 91, The MassachuseƩs Public Waterfront Act, is the Commonwealth's primary tool for protecƟon with regulaƟons for acƟviƟes on both coastal and inland waterways. AddiƟonally, the state waters surrounding Cape Cod are subject to regulaƟons defined within the Cape Cod Ocean Management Plan (CCOMP), as elaborated below, and Cape Cod, Cape Cod Bay, and Cape and Islands are subject to the Ocean Sanctuary Act. Of note, Sandy Neck Barrier Beach was designated by the Secretary of Environmental Affairs as an Area of CriƟcal Environmental Concern (ACEC) in 1978 and is subject to increased state permiƫng. Cape Cod Ocean Management Plan (OMP) The state developed the first MassachuseƩs Ocean Management Plan (OMP) in 2009, and updated it in 2015. The OMP describes the uses and acƟviƟes allowed within the state's jurisdicƟonal waters and establishes performance standards for siƟng and permiƫng them through the state's regulatory framework. The 2011 Cape Cod Ocean Management Plan (CCOMP) provides the regional definiƟon of "appropriate scale" for proposed renewable energy projects and provides guidance on areas suitable and unsuitable for the installaƟon of cables and pipelines and the mining of sand and gravel within the state waters surrounding Cape Cod. Areas of CriƟcal Environmental Concern (ACECs) In 1978 Sandy Neck Barrier Beach was designated by the Secretary of Environmental Affairs as an Area of CriƟcal Environmental Concern (ACEC) by the MassachuseƩs Coastal Zone Management. An Area of CriƟcal Environmental Concern (ACEC) is a place in MassachuseƩs that receives special recogniƟon because of the quality, uniqueness, and significance of its natural and cultural resources. DesignaƟon of an ACEC increases environmental oversight by increasing state permiƫng standards through elevated performance standards and lowering thresholds for review. Ocean Sanctuary Act The MassachuseƩs Ocean Sanctuaries Act defines prohibited and allowed acƟviƟes in the five Ocean Sanctuaries including Cape Cod, Cape Cod Bay, and Cape and Islands.