HomeMy WebLinkAboutConCom Request for Letter of Support
May 20, 2024
Fat Piu (Tom) Lee, Chair
Town of Barnstable, Conservation Commission
203 South Street,
Hyannis, MA 02601
RE: REQUEST FOR LETTER OF SUPPORT
SANTUIT WOODLAND LAND PROTECTION PROJECT
Dear Commission Chair Lee,
On behalf of the Barnstable Land Trust. Inc. (BLT), we respectfully ask that the Conservation
Commission review the attached information on the Santuit Woodlands Land Protection Project
at their May 28, 2024 meeting. The Santuit Woodlands Land Protection Project includes the
purchase of 5.84 acres of undeveloped Zone II Wellhead Protection land at 4609 Falmouth Road
in the village of Cotuit (Assessors Map 024, Parcel 042). BLT has the property under agreement
with the current owner, and upon purchasing the property will grant a conservation restriction to
the Town of Barnstable and the Cotuit Fire District, acting by and through its Board of Water
Commissioners.
This undeveloped wooded property is in largely undisturbed condition, vegetated mostly with
deciduous oak, cherry, maple, beech, occasional holly, pitch pine, and white pines species. There
is a kettle hole in the southwest corner of the lot currently in the process of being certified as a
vernal pool. The property is mapped as Zone II Wellhead Protection Area and lies south of
mapped Priority Habitat and BioMap areas (across Route 28). The property abuts BLT’s 5.89-
acre conservation area to the south and will create almost 12 acres of contiguous conservation
open space with a proposed trail connecting the two properties.
BLT is applying to the Community Preservation Committee (CPC) for $250,000 in funding
assistance for the purchase of the 5.84-acre parcel, proposing the town acquisition of the attached
Conservation Restriction on the property. This land acquisition would satisfy many Town planning
and CPC goals related to scenic and natural resource protection and passive recreation.
We appreciate your consideration of providing a letter in support of the Community Preservation
Act funding for the project and approval of the Conservation Restriction, subject to approval by
the Secretary of Energy and Environmental Affairs, who may make minor revisions thereto. Town
Attorney Kate Connolly has reviewed the CR as written.
We look forward to answering any questions you may have. If you require any additional
information in advance of your May 28th meeting, please contact me at janet@blt.org or 508-771-
2585 x 101.
Sincerely
Janet Milkman
Executive Director
cc. Lindsey Counsell, CPC Chair
April 30, 2024
Project Name: Santuit Woodlands Land Protection project
Current Owner: Janet Gail Shapero
Location: 4609 Falmouth Road, Cotuit
Acres: 5.84 acres
Map & Parcel: 024/042
Purchase Price: $590,000
Timeline: Closing in April 2025
Barnstable Land Trust is working to purchase this 5.84-acre parcel in the Santuit neighborhood of
Cotuit. The property has frontage on Falmouth Rd and abuts Barnstable Land Trust’s 5.9-acre
conservation area to the south to create almost 12 acres of contiguous conservation opens space.
The purchase of this property will allow for conservation of high value natural resources and
recreation access. This wooded and mostly undeveloped property has the following important
conservation values:
• The property lies entirely within the Zone II Wellhead Protection Area, important for the
protection of drinking water supply.
• The property is vegetated with mostly deciduous trees including oak, cherry, maple, beech, and
occasional holly.
• There is a kettle hole in the southwest corner of the lot with a small wetland and (unmapped)
potential vernal pool.
• The property is connected to existing BLT conservation open space to the south.
• The property lies just south of mapped Natural Heritage and Endangered Species Priority
Habitat of Rare Species and BioMap rare Species Core Habitat.
• The property includes mapped Prime 2 Forest and Forest of Statewide Importance as well as
Prime Farmland Soils.
• The property is located within the Santuit Historic District.
Timeline for Preserving the Land: BLT has now finalized a Purchase and Sales Agreement for the
acquisition. As the current owner requires a shorter closing, we are working with The Compact of
Cape Cod Conservation Trusts, Inc. to be an interim buyer for the property to allow us time to secure
funding. We expect to acquire the property by April 2025.
Funding Request: Barnstable Land Trust seeks $250,000 in Community Preservation Act funds.
Barnstable Land Trust will apply for an MA Conservation Partnership grant in July 2024 for $300,000
to help fund acquisition, and we are seeking an additional $50,000 from the Cotuit Fire District Board
of Water Commissioners in support of the project. In compliance with the CPA requirements, the
Town of Barnstable will be granted the conservation restriction on the property.
4,000.00
This map is for illustration purposes only. It is not
adequate for legal boundary determination or
regulatory interpretation. This map does not represent
an on-the-ground survey. It may be generalized, may not
reflect current conditions, and may contain
cartographic errors or omissions.
Parcel lines shown on this map are only graphic
representations of Assessor’s tax parcels. They are
not true property boundaries and do not represent
accurate relationships to physical objects on the map
such as building locations.
6670333
Feet
feetApprox. Scale: 1 inch = 333
Legend
Town of Barnstable GIS Unit
367 Main Street, Hyannis, MA 02601
508-862-4624
gis@town.barnstable.ma.us
Map printed on: 11/14/2023
Zoning Districts
GP - Groundwater Protection
WP - Well Protection
Parcels
Town Boundary
Railroad Tracks
Buildings
Approx. Building
Buildings
Parking Lots
Paved
Unpaved
Roads
Paved Road
Unpaved Road
Bridge
Paved Median
Water Bodies
4609 Falmouth Road, Cotuit
5.84 acres
Santuit Woodlands Land Protection Project
Existing Protected Open Space and Zone II Wellhead Protection Areas
PROJECT
LOCUS
Miceli
CR
Enos-Frazier
Patch CR
Cotuit Water
District
Santuit Pond
Conservation
Area
Conservation
Area
BLT
Servis
Property
Santuit River
Conservation
Area
Willowbend
Country
Club
Cotuit Water
District
Cotuit Water
District
Santuit Woodlands Land Protection Project
NHESP Priority Habitat and BioMap Rare Species Core Habitat
5.84 ACRE
PROJECT
LOCUS
Santuit Woodlands CR
1
GRANTOR: Barnstable Land Trust, Inc.
PRIMARY GRANTEE: Town of Barnstable
SECONDARY GRANTEE: Cotuit Fire District
ADDRESS OF PREMISES: 4609 Falmouth Road, Village of Cotuit, Barnstable, MA
FOR GRANTOR’S TITLE SEE: Barnstable County Registry of Deeds at Book _____, Page _____.
FOR GRANTOR’S PLAN SEE: Barnstable County Registry of Deeds at Plan Book 278, Page 18.
GRANT OF CONSERVATION RESTRICTION
I. STATEMENT OF GRANT
BARNSTABLE LAND TRUST, INC., a Massachusetts nonprofit corporation with an office and
mailing address at 1540 Main Street, West Barnstable, MA 02668, being the sole owner of the
Premises as defined herein, for its successors and assigns (“Grantor”), acting pursuant to Sections
31, 32, and 33 of Chapter 184 of the Massachusetts General Laws, grant, with QUITCLAIM
COVENANTS, IN PERPETUITY AND EXCLUSIVELY FOR CONSERVATION PURPOSES,
to the INHABITANTS OF THE TOWN OF BARNSTABLE, a Massachusetts municipal
corporation with principal offices at Town Hall, 367 Main Street, Hyannis, Barnstable County,
Massachusetts 02601-3907, acting by and through its TOWN MANAGER , its successors and
assigns (“Primary Grantee”), for consideration of Two Hundred and Fifty Thousand and 00/100
Dollars ($250,000.00) paid, and to the COTUIT FIRE DISTRICT, a Massachusetts municipal
corporation duly organized pursuant to Chapter 328 of the Acts of 1926, with a principal place of
business at 64 High Street, Cotuit, Massachusetts 02635, acting by and through its BOARD OF
WATER COMMISSIONERS, its permitted successors and assigns (“Secondary Grantee”), for
consideration of Fifty Thousand and 00/100 Dollars ($50,000.00) paid, the following Conservation
Restriction on land located in the Town of Barnstable, Barnstable County, Commonwealth of
Massachusetts containing 5.84 acres (“Premises”), which Premises is more particularly described
in Exhibit A and shown in the attached reduced copy of a survey plan in Exhibit B, both of which
are incorporated herein and attached hereto. As used herein, the terms “Grantee” and “Grantees”
shall refer to the Primary Grantee and the Secondary Grantee collectively.
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The Primary Grantee acquired this Conservation Restriction utilizing, in part, Community
Preservation Act funds pursuant to Chapter 44B § 1 et seq. of the Massachusetts General Laws, as
applied pursuant to Chapter 149, §298 of the Acts of 204, as amended by Chapter 352, §129-133
of the Acts of 2004 (the so called “Barnstable County Community Preservation Act” or “CPA”),
which funds were authorized for such purposes by a vote of the Barnstable Town Council at a duly
called meeting held on , on Agenda Item
, an attested copy of which vote is attached hereto as Exhibit C (the “CPA Vote”).
The Secondary Grantee acquired this Conservation Restriction, pursuant to authority granted by
vote of the Cotuit Fire District on Article of the Cotuit Fire District Annual Meeting
held on , an attested copy of which vote is attached hereto as Exhibit
D (the “Cotuit Fire District Vote”). The Cotuit Fire District acquires this Restriction subject to
approval of the Department of Environmental Protection (“DEP”) pursuant to Massachusetts
General Laws Chapter 40, Section 41, which approval is attached hereto as Exhibit E.
II. PURPOSES:
This Conservation Restriction is defined in and authorized by Sections 31-32 of Chapter 184 of
the Massachusetts General Laws and otherwise by law. The purposes of this Conservation
Restriction (“Purposes”) are to ensure that the Premises will be maintained in perpetuity in its
natural, scenic, or open condition and available for passive outdoor recreational use, and to prevent
any use or change that would materially impair the Conservation Values (as defined below).
Conservation Partnership. The fee interest in the Premises was acquired utilizing, in part,
assistance from the Conservation Partnership program which requires, pursuant to Section 2A of
Chapter 286 of the Acts of 2014 and Section 2A of Chapter 102 of the Acts of 2021, the
conveyance of this Conservation Restriction.
The Conservation Values protected by this Conservation Restriction include the following:
Open Space. The Premises contributes to the protection of the scenic and natural character
of Barnstable and the protection of the Premises will enhance the open-space value of these
and nearby lands. The Premises abuts land already conserved, including the 5.9-acre±
Barnstable Land Trust owned conservation area to the south and the 7.25-acre conservation
restriction protected “Miceli Property” abutting across Falmouth Road to the north.
Soils and Soil Health. The Premises includes 4.1 acres± of Prime Farmland Soils and 4.6
acres± of Prime Forest Land and Forest of Statewide Importance as identified by the USDA
Natural Resources Conservation Service (source MassGIS MassMapper). The protection
of the Premises will promote healthy soils and healthy soils practices as such terms are
defined in Chapter 358 of the Acts of 2020, which added definitions of these terms to
Section 7A of Chapter 128 of the Massachusetts General Laws.
Wildlife Habitat. The Premises is proximate to areas designated by the MA Division of
Fisheries and Wildlife acting by and through its Natural Heritage and Endangered Species
Program (NHESP) as “Priority Habitats of Rare and Endangered Species”, the protection
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of which aligns with NHESP’s wildlife and habitat protection objectives. The Premises
includes a potential vernal pool (unmapped) providing important habitat for a wide variety
of wildlife for breeding, feeding, migration and shelter habitat.
Public Access. Public access to the Premises will be allowed for passive outdoor
recreation, education, and nature study. The Premises connects to existing conservation
open space owned by Barnstable Land Trust and provides the potential for an
approximately half-acre trail loop to provide close-to-home recreational opportunities for
the public.
Biodiversity. The Premises is proximate to areas designated as BioMap Wetland Core
Habitat and Critical Natural Landscape Wetland Buffer, as defined by the Massachusetts
Natural Heritage and Endangered Species Program. BioMap, last updated in 2022, was
designed to guide strategic biodiversity conservation in Massachusetts by focusing land
protection and stewardship on the areas that are most critical for ensuring the long-term
persistence of rare and other native species and their habitats, exemplary natural
communities, and a diversity of ecosystems. BioMap is also designed to include the
habitats and species of conservation concern identified in the State Wildlife Action Plan.
Water Quality. The Premises lies within the watershed to the Santuit River, Shoestring
Bay and Popponesset Bay. Protection of intact natural forested landscapes can help
maintain water quality for public drinking water and the health of coastal embayments;
Wetlands. The potential vernal pool wetlands on the Premises provide valuable habitat for
a diverse array of wildlife species as well as provide the many other public benefits of
wetlands protection recognized by the Commonwealth of Massachusetts (Section 40 of
Chapter 131 of the Massachusetts General Laws).
Water Supply. The Premises includes Zone II Wellhead Protection Areas as identified by
the MA Department of Environmental Protection, the protection of which is critical to
maintaining the public drinking water supply.
Consistency with Clearly Delineated Barnstable County Conservation Policy. Protection
of the Premises will assist in achieving Barnstable County conservation goals. In July
1991, the Barnstable County Assembly of Delegates, pursuant to the Cape Cod
Commission Act (Chapter 716 of the Acts of 1989), adopted a Regional Policy Plan (RPP),
amended in 1996, 2002, 2009, 2012, and 2018, which provided, inter alia (references are
to the 2018 RPP, amended in 2021 to accommodate climate change goals and objectives):
o “To protect, preserve, or restore the quality and natural values and functions of
inland and coastal wetlands and their buffers.” (Wetland Resources Goal, p. 55).
o “To protect, preserve, or restore wildlife and plant habitat to maintain the region’s
natural diversity” (Wildlife and Plant Habitat Goal, p. 55).
o In reference to this Wildlife and Plant Habitat Goal, the RPP states, “For many
years habitat loss due to development has been the primary threat to the region’s
habitats” (p. 32); and
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o “To conserve, preserve, or enhance a network of open space that contributes to the
region’s natural community resources and systems” (Open Space Goal, p. 55). In
reference to this Open Space Goal, the RPP states, “the open space of the Cape is
critical to the health of the region’s natural systems, economy, and population.
Open space provides habitat for the region’s diverse species and protection of the
region’s drinking water supply” (p. 30).
Granting this Conservation Restriction will advance each of these goals outlined in the
RPP. The Wetlands Goal will be addressed in protecting the Premises’ wetland resources
and their upland buffer zone. The Wildlife and Plant Habitat Goal will be served because
the Premises contains a host of important plant and wildlife species and is in close
proximity to NHESP Priority Habitat of Rare Species and BioMap Core Habitat and
Critical Natural Landscape areas. The Open Space Goal will be advanced because the
Premises abuts 4.9 acres of existing conservation land and will expand passive recreation
opportunities for the public.
Consistency with Clearly Delineated Town of Barnstable Conservation Policy. Protection
of the Premises will further the Town of Barnstable’s documented goals regarding
conservation land. The Town outlined its conservation goals in its Open Space and
Recreational Plan (1984, amended 1987, 1998, 2005, 2010, 2018), identifying goals,
policies, and actions to guide conservation efforts, among them the goal of preserving
“quality open spaces throughout the Town which protect and enhance its visual heritage.”
Additional objectives include (references are to the 2018 Plan):
1) "Preservation of open space for protection of drinking water resources, and for
protection of other natural, historic and scenic resources is a community-wide
priority; and;
2) Protection of open space should continue to be an integral component of the
Town's efforts." (p. 6)
To achieve this vision, the Plan sets several goals for the town including:
1) "To protect and maintain the maximum amount of open space to enhance
environmental protection, recreational opportunities, and community character,
and;
2) “Plan, coordinate and execute open space protection measures that complement
community efforts to protect water supply, protect fresh and marine surface waters,
[and] preserve historic, scenic and cultural resources..." (pp. 10-11).
Additionally, the Barnstable Town Council’s Strategic Plan for fiscal year 2024-2025
identified the goal to “Conserve and protect areas in the town that are most significant as
natural and historical resources for water supply, visual quality, outdoor recreation, public
access, wildlife habitat and cultural history”.
Moreover, in 1981, the Town of Barnstable adopted a Conservation Restriction Program
consisting of policies and guidelines, in particular an Open Space Policy, approved by the
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Board of Selectmen, Assessors, and Conservation Commission, which encourages the use
of conservation restrictions in perpetuity to protect natural resources in accordance with
the purposes of the Open Space and Recreation Plan, and which further specified that
purposes of a conservation restriction could include the following:
o preserve scenic view;
o prevent disturbance of wetlands;
o preserve a shoreline;
o prevent the cutting of trees or forests;
o preserve open space;
o preserve important natural habitats of fish, wildlife or plants; and,
o limit or prevent construction on land of natural resource value.
The Town of Barnstable promotes the Cape Cod Pathways program intended to create a
series of looped and through-routes in the town and beyond for public walking and scenic
enjoyment. The Premises will provide the opportunity for new recreational trails for use
by the public.
Consistency with Clearly Delineated State Conservation Policy. The Premises possesses
significant open space, natural, aesthetic, ecological, plant and wildlife habitat, solid and
water resource quality, watershed, and scenic values (collectively “conservation values”)
of great importance to the Grantees and the people of Barnstable and the Commonwealth
of Massachusetts, including the advancement of the following goals of the State’s 2023
Statewide Comprehensive Outdoor Recreation Plan (SCORP):
o 1.3) Support the acquisition of land that will protect water supply and also be open
for recreation;
o 4.2. Acquire new blocks of land with preference to those parcels that are
designated as an Urban Area by the 2020 US Census, in Environmental Justice
Census blocks, or the trailhead is within a half-mile of a transit stop;
The protection of the Premises will preserve land within the Zone II Wellhead protection
Area while also provide new trails for passive recreation. The location of the Premises on
Falmouth Road, a major transit route for Cape Cod, provides new recreational
opportunities for the broader community.
Consistency with Clearly Delineated Federal Conservation Policy. Protection of the
Premises meets the definition of “conservation purposes” as defined in 26 CFR 1.170A-
14(d)(1), because its conservation would: reserve the land for education regarding the
natural world; protect wildlife habitats; and it would contribute to the preservation of open
space because it is proximate to other parcels already conserved.
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III. PROHIBITED and PERMITTED ACTS AND USES
A. Prohibited Acts and Uses
The Grantor will not perform or allow others to perform the following acts and uses which are
prohibited on, above, and below the Premises:
1. Structures and Improvements. Constructing, placing, or allowing to remain any
temporary or permanent structure including without limitation any building, tennis
court, landing strip, mobile home, swimming pool, asphalt or concrete pavement,
graveled area, roads, sign, fence, gate, billboard or other advertising, antenna, utilities
or other structures, utility pole, tower, wind turbine, solar panel, solar array, conduit,
line, septic or wastewater disposal system, storage tank, or dam;
2. Extractive Activities/Uses. Mining, excavating, dredging, withdrawing, or removing
soil, loam, peat, gravel, sand, rock, surface water, ground water, or other mineral
substance or natural deposit, or otherwise altering the topography of the Premises;
3. Disposal/Storage. Placing, filling, storing or dumping of soil, refuse, trash, vehicle
bodies or parts, rubbish, debris, junk, tree and other vegetation cuttings, liquid or solid
waste or other substance or material whatsoever;
4. Adverse Impacts to Vegetation. Cutting, removing, or destroying trees, shrubs, grasses
or other vegetation;
5. Adverse Impacts to Water, Soil, and Other Features. Activities detrimental to drainage,
flood control, water conservation, water quality, erosion control, soil conservation,
natural habitat, archaeological conservation, or ecosystem function;
6. Introduction of Invasive Species. Planting or introducing any species identified as
invasive by the Massachusetts Invasive Plant Advisory Group or identified as invasive
in such recognized inventories as the Massachusetts Introduced Pests Outreach Project,
the Northeast Aquatic Nuisance Species Panel, or other such inventories, and any
successor list as mutually agreed to by Grantor and Grantees;
7. Motor Vehicles. Using, parking, or storing motorized vehicles, including motorcycles,
mopeds, all-terrain vehicles, off-highway vehicles, motorboats or other motorized
watercraft, snowmobiles, launching or landing aircraft, or any other motorized
vehicles, acknowledging that vehicles necessary for public safety (i.e., fire, police,
ambulance, other government officials) may have a legal right to enter the Premises;
8. Subdivision. Subdividing or conveying a part or portion of the Premises (as compared
to conveyance of the Premises in its entirety which shall be permitted), it being the
Grantor’s and Grantees’ intention to maintain the entire Premises under unified
ownership;
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9. Hunting. Using the Premises for hunting;
10. Use of Premises for Developing Other Land. Using the Premises towards building or
development requirements on this or any other parcel;
11. Adverse Impacts to Stone Walls, Boundary Markers Disrupting, removing, or
destroying stone walls, granite fence posts, or any other boundary markers;
12. Residential or Industrial Uses. Using the Premises for residential or industrial purposes;
13. Inconsistent Uses. Using the Premises for commercial purposes that are inconsistent
with the Purposes or that would materially impair the Conservation Values, or for any
other uses or activities that are inconsistent with the Purposes or that would materially
impair the Conservation Values.
B. Permitted Acts and Uses
Notwithstanding the Prohibited Acts and Uses described in Paragraph III.A, the Grantor
may conduct or permit the following acts and uses on the Premises, provided they do not
materially impair the Purposes and/or Conservation Values. In conducting any Permitted
Act and Use, Grantor shall minimize impacts to the Conservation Values to ensure any
such impairment thereto is not material.
1. Vegetation Management. Maintaining vegetation, including pruning, trimming,
cutting, and mowing, and removing brush, all to prevent, control, and manage hazards,
disease, insect or fire damage, and/or in order to maintain the condition of the Premises
as documented in the Baseline Report (see Paragraph XV);
2. Non-native, Nuisance, or Invasive species. Removing non-native, nuisance, or invasive
species, interplanting native species, and controlling species in a manner that minimizes
damage to surrounding, non-target species and preserves water quality;
3. Composting. Stockpiling and composting stumps, trees, brush, limbs, and similar
biodegradable materials originating on the Premises, provided that no stockpiling or
composting shall take place within 100 feet of any wetland;
4. Natural Habitat and Ecosystem Improvement. With prior written approval of the
Grantees, conducting measures designed to restore native biotic communities, or to
maintain, enhance or restore wildlife, wildlife habitat, ecosystem function, or rare or
endangered species including planting native trees, shrubs, and other vegetation;
5. Archaeological Investigations. Conducting archaeological activities, including without
limitation archaeological research, surveys, excavation and artifact retrieval, but only
in accordance with an archaeological field investigation plan, which plan shall also
address restoration following completion of the archaeological investigation, prepared
by or on behalf of the Grantor and approved in advance of such activity, in writing, by
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the Massachusetts Historical Commission State Archaeologist (or appropriate
successor official) and by the Grantees. A copy of the results of any such investigation
on the Premises is to be provided to the Grantees;
6. Trails. Maintaining and constructing trails as follows:
a. Trail Maintenance. Conducting routine maintenance of trails, which may
include widening trail corridors up to eight (8) feet in width overall, with a
treadway up to five (5) feet in width.
b. New Trails. With prior written approval of the Grantees, constructing new trails
or relocating existing trails, provided that any construction or relocation results
in trails that conform with the width limitations above.
c. Trail Features. With prior written approval of the Grantee, constructing bog
bridging, boardwalks, footbridges, railings, steps, culverts, benching, cribbing,
contouring, or other such features, together with the use of motorized equipment
to construct such features;
7. Signs. Constructing, installing, maintaining, and replacing signs and informational
kiosks with respect to the Permitted Acts and Uses, the Purposes, the Conservation
Values, trespass, public access, identity and address of the Grantor, sale of the
Premises, the Grantees' interest in the Premises, boundary and trail markings, any gift,
grant, or other applicable source of support for the conservation of the Premises;
8. Motorized Vehicles. Using motorized vehicles by persons with mobility impairments
and as otherwise permitted herein.
9. Outdoor Passive Recreational and Educational Activities. Hiking, horseback riding,
cross-country skiing, snowshoeing, nature observation, nature and educational walks
and outings, outdoor educational activities, and other non-motorized outdoor
recreational and educational activities;
C. Site Restoration
Upon completion of any Permitted Acts and Uses, any disturbed areas shall be restored
substantially to the conditions that existed prior to said activities, including with respect to soil
material, grade, and vegetated ground cover.
D. Compliance with Permits, Regulations, Laws
The exercise of any Permitted Acts and Uses under Paragraph III.B shall be in compliance with
all applicable federal, state and local laws, rules, regulations, zoning, and permits, and with the
Constitution of the Commonwealth of Massachusetts. The inclusion of any Reserved Right
requiring a permit, license or other approval from a public agency does not imply that the Grantee
or the Commonwealth takes any position whether such permit, license, or other approval should
be issued.
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E. Notice and Approval
1. Notifying Grantees. Whenever notice to or approval by Grantees is required, Grantor
shall notify or request approval from Grantees, by a method requiring proof of receipt,
in writing not less than sixty (60) days prior to the date Grantor intends to undertake
the activity in question, unless a different time period is specified herein. The notice
shall:
a. Describe the nature, scope, design, location, timetable and any other material
aspect of the proposed activity;
b. Describe how the proposed activity complies with the terms and conditions of
this Conservation Restriction, and will not materially impair the Purposes
and/or Conservation Values;
c. Identify all permits, licenses, or approvals required for the proposed activity,
and the status of any such permits, licenses, or approvals.
d. Describe any other material aspect of the proposed activity in sufficient detail
to permit the Grantees to make an informed judgment as to its consistency with
the Purposes and Conservation Values.
2. Grantee Review. Where Grantee’s approval is required, the Secondary Grantee, within
thirty (30) days of receipt of Grantor’s request, shall notify the Primary Grantee of the
Secondary Grantee’s decision. Within sixty (60) days of the Primary Grantee’s receipt
of Grantor’s request, the Primary Grantee shall either affirm, amend or reverse the
decision of the Secondary Grantee, shall notify the Secondary Grantee thereof in
writing, and shall issue its decision to the Grantor in writing. The Primary Grantee’s
decision shall in all cases be the final and controlling decision binding on both
Grantees. In the event that no decision is received from the Secondary Grantee within
thirty (30) days, the Primary Grantee shall proceed to issue its decision within sixty
(60) days of Grantor’s request. Grantee’s approval shall only be granted upon a
showing that the proposed activity will minimize impacts to the Conservation Values
and will not materially impair the Purposes and/or Conservation Values. Grantee may
require Grantor to secure expert review and evaluation of a proposed activity by a
mutually agreed upon party.
3. Resubmittal. Grantees’ failure to respond within sixty (60) days of receipt shall not
constitute approval of the request. Grantor may subsequently submit the same or a
similar request for approval.
IV. INSPECTION AND ENFORCEMENT
A. Entry onto the Premises
The Grantor hereby grants to the Grantees, and their duly authorized agents or representatives, the
right to enter the Premises upon reasonable notice and at reasonable times, for the purpose of
inspecting the Premises to determine compliance with or to enforce this Conservation Restriction.
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B. Legal and Injunctive Relief
1. Enforcement. The rights hereby granted shall include the right to enforce this
Conservation Restriction by appropriate legal proceedings and to obtain compensatory
relief, including without limitation, compensation for interim losses (i.e., ecological
and public use service losses that occur from the date of the violation until the date of
restoration) and equitable relief against any violations, including, without limitation,
injunctive relief and relief requiring restoration of the Premises to its condition prior to
the time of the injury (it being agreed that the Grantees will have no adequate remedy
at law in case of an injunction). The rights hereby granted shall be in addition to, and
not in limitation of, any other rights and remedies available to the Grantees for the
enforcement of this Conservation Restriction.
2. Notice and Cure. In the event the Grantees determine that a violation of this
Conservation Restriction has occurred and intend to exercise any of the rights described
herein, the Grantees shall, before exercising any such rights, notify the Grantor in
writing of the violation. The Grantor shall have thirty (30) days from receipt of the
written notice to halt the violation and remedy any damage caused by it, after which
time Grantees may take further action, including instituting legal proceedings and
entering the Premises to take reasonable measures to remedy, abate or correct such
violation, without further notice. Provided, however, that this requirement of deferment
of action for thirty (30) days applies only if Grantor immediately ceases the violation
and Grantees determines that there is no ongoing violation. In instances where a
violation may also constitute a violation of local, state, or federal law, the Grantees may
notify the proper authorities of such violation.
3. Reimbursement of Costs and Expenses of Enforcement. Grantor covenants and agrees
to reimburse to Grantees all reasonable costs and expenses (including counsel fees)
incurred by the Grantees in enforcing this Conservation Restriction or in taking
reasonable measures to remedy, abate or correct any violation thereof. In the event of
a dispute over the boundaries of the Conservation Restriction, Grantor shall pay for a
survey by a Massachusetts licensed professional land surveyor and to have the
boundaries permanently marked.
4. Coordination between Primary and Secondary Grantee. Whenever there is a question
of whether there is a violation of this Conservation Restriction, or how to proceed in
addressing the violation, the Primary Grantee shall consult with the Secondary Grantee.
The Primary Grantee shall then determine whether there is a violation and how to
proceed in addressing the violation. The Primary Grantee’s decision shall in all cases
be the final and controlling decision binding on both Grantees. In the event that no
response is received from the Secondary Grantee within thirty (30) days, the Primary
Grantee shall notify Grantor and proceed as provided in Paragraph IV.B.2.
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C. Non-Waiver
Enforcement of the terms of this Conservation Restriction shall be at the sole discretion of
Grantees. Any election by the Grantees as to the manner and timing of its right to enforce this
Conservation Restriction or otherwise exercise their rights hereunder shall not be deemed or
construed to be a waiver of such rights.
D. Disclaimer of Liability
By acceptance of this Conservation Restriction, the Grantees do not undertake any liability or
obligation relating to the condition of the Premises pertaining to compliance with and including,
but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not
caused by the Grantees or their agents.
E. Acts Beyond the Grantor’s Control
Nothing contained in this Conservation Restriction shall be construed to entitle the Grantees to
bring any actions against the Grantor for any injury to or change in the Premises resulting from
natural causes beyond the Grantor’s control, including but not limited to fire, flood, weather,
climate-related impacts, and earth movement, or from any prudent action taken by the Grantor
under emergency conditions to prevent, abate, or mitigate significant injury to the Premises
resulting from such causes. In the event of any such occurrence, the Grantor and Grantees will
cooperate in the restoration of the Premises, if desirable and feasible.
V. PUBLIC ACCESS
Subject to the provisions of this Conservation Restriction, the Grantor hereby grants access to the
Premises to the general public and agrees to take no action to prohibit or discourage access to and
use of the Premises by the general public, but only for daytime use and only as described in
Paragraph III.B.9 provided that such agreement by Grantor is subject to the Grantor’s reserved
right to establish reasonable rules, regulations, and restrictions on such permitted recreational use
by the general public for the protection of the Purposes and Conservation Values. Grantor has the
right to control, limit, or prohibit by posting and other reasonable means activities or uses of the
Premises not authorized in Paragraph III.B.9. The Grantees may require the Grantor to post the
Premises against any use by the public that results in material impairment of the Conservation
Values. This grant of public access to the Premises is solely for the purposes described in Section
17C of Chapter 21 of the Massachusetts General Laws and the Grantor and Grantees hereto express
their intent to benefit from exculpation from liability to the extent provided in such section.
VI. TERMINATION/RELEASE/EXTINGUISHMENT
A. Procedure
If circumstances arise in the future that render the Purposes impossible to accomplish, this
Conservation Restriction can only be terminated, released, or extinguished, whether in whole or
in part, by a court of competent jurisdiction under applicable law after review and approval by the
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Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts, or
successor official (“Secretary”), and any other approvals as may be required by Section 32 of
Chapter 184 of the Massachusetts General Laws.
B. Grantor’s and Grantee’s Right to Recover Proceeds
If any change in conditions ever gives rise to termination, release, or extinguishment of this
Conservation Restriction under applicable law, then the Grantees, on a subsequent sale, exchange,
or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds in
accordance with Paragraph VI.C, subject, however, to any applicable law which expressly
provides for a different disposition of the proceeds, and after complying with the terms of any gift,
grant, or funding requirements. The Grantees shall use their share of any proceeds in a manner
consistent with the Purposes or the protection of the Conservation Values.
C. Grantee’s Receipt of Property Right
Grantor and Grantees agree that the conveyance of this Conservation Restriction gives rise to a
real property right, immediately vested in the Grantees, with a fair market value that is at least
equal to the proportionate value that this Conservation Restriction, determined at the time of the
conveyance, bears to the value of the unrestricted Premises. The proportionate value of the
Primary Grantee’s property right as of the Effective Date (See Paragraph XII) was determined to
be 42 %1. The proportionate value of the Secondary Grantee’s property right as of the Effective
Date (See Paragraph XII) was determined to be 8 %2. Such proportionate value of the Grantees’
property right shall remain constant.
D. Cooperation Regarding Public Action
Whenever all or any part of the Premises or any interest therein is taken by public authority under
power of eminent domain or other act of public authority, then the Grantor and the Grantees shall
cooperate in recovering the full value of all direct and consequential damages resulting from such
action. All related expenses incurred by the Grantor and the Grantees shall first be paid out of any
recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and
Grantees in accordance with Paragraph VI.B and Paragraph VI.C. If a less than fee interest is
taken, the proceeds shall be equitably allocated according to the nature of the interest taken. The
Grantees shall use their share of any proceeds in a manner consistent with the Purposes or the
protection of the Conservation Values.
VII. DURATION and ASSIGNABILITY
A. Running of the Burden
The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall
be enforceable against the Grantor and the successors and assigns of the Grantor holding any
interest in the Premises.
1 Town CPA funds: $250k /$590k = 42%
2 Cotuit Fire District funds: $50k /$590k = 8%
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B. Execution of Instruments
The Grantees are authorized to record or file any notices or instruments appropriate to assuring the
perpetual enforceability of this Conservation Restriction. The Grantor, on behalf of itself and its
successors and assigns, appoints the Grantees its attorneys-in-fact to execute, acknowledge and
deliver any such instruments on its behalf. Without limiting the foregoing, the Grantor and its
successors and assigns agree themselves to execute any such instruments upon request.
C. Running of the Benefit
The benefits of this Conservation Restriction shall run to the Grantees, shall be in gross and shall
not be assignable by the Grantees, except when all of the following conditions are met:
1. the Grantees require that the Purposes continue to be carried out;
2. the assignee is not an owner of the fee in the Premises;
3. the assignee, at the time of the assignment, qualifies under and 26.U.S.C. 170(h), and
applicable regulations thereunder, if applicable, and is eligible to receive this
Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts
General Laws; and
4. the assignment complies with Article 97 of the Amendments to the Constitution of the
Commonwealth of Massachusetts, if applicable.
VIII. SUBSEQUENT TRANSFERS
A. Procedure for Transfer
The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any
deed or other legal instrument which grants any interest in all or a portion of the Premises,
including a leasehold interest and to notify the Grantee not less than twenty (20) days prior to the
effective date of such transfer. Any transfers shall receive prior approval by Grantee to assure that
the Premises is transferred to a qualified conservation organization. Failure to do any of the above
shall not impair the validity or enforceability of this Conservation Restriction. If the Grantor fails
to reference the terms of this Conservation Restriction in any deed or other legal instrument which
grants any interest in all or a portion of the Premises, then the Grantees may record it in the
Barnstable County Registry of Deeds, and at the Grantor’s expense, a notice of this Conservation
Restriction. Any transfer will comply with Article 97 of the Amendments to the Constitution of
the Commonwealth of Massachusetts, if applicable.
B. Grantor’s Liability
The Grantor shall not be liable for violations occurring after their ownership. Liability for any acts
or omissions occurring prior to any transfer and liability for any transfer if in violation of this
Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the
restoration of the Premises or removal of violations caused by prior owner(s) and may be held
responsible for any continuing violations.
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C. Grantees’ Liability
The Grantor and its successors and assigns shall each be liable under this section for any such
violations of this restriction as may exist during their respective periods of ownership of the
premises. Any new owner may be held responsible for any continuing violations existing during
his or her period of ownership.
By acceptance of this Restriction, the Grantees do not undertake any liability or obligation relating
to the condition of the premises pertaining to compliance with and including, but not limited to,
hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantee
or its agents.
IX. ESTOPPEL CERTIFICATES
Upon request by the Grantor, the Grantees shall, within sixty (60) days execute and deliver to the
Grantor any document, including an estoppel certificate, which certifies the Grantor’s compliance
or non-compliance with any obligation of the Grantor contained in this Conservation Restriction.
X. NON MERGER
The parties intend that any future acquisition of the Premises shall not result in a merger of the
Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantees
agree that they will not take title, to any part of the Premises without having first assigned this
Conservation Restriction following the terms set forth in Paragraph VII.C to ensure that merger
does not occur and that this Conservation Restriction continues to be enforceable by a non-fee
owner.
XI. AMENDMENT
A. Limitations on Amendment
Grantor and Grantees may amend this Conservation Restriction only to correct an error or
oversight, clarify an ambiguity, maintain or enhance the overall protection of the Conservation
Values, or add real property to the Premises, provided that no amendment shall:
1. affect this Conservation Restriction’s perpetual duration;
2. be inconsistent with or materially impair the Purposes;
3. affect the qualification of this Conservation Restriction as a “qualified conservation
contribution” or “interest in land” under any applicable laws, including 26 U.S.C.
Section 170(h), and related regulations;
4. affect the status of Grantees as “qualified organizations” or “eligible donees” under
any applicable laws, including 26 U.S.C. Section 170(h) and related regulations, and
Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws; or
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5. create an impermissible private benefit or private inurement in violation of federal tax
law, as determined by an appraisal, conducted by an appraiser selected by the Grantees,
of the economic impact of the proposed amendment; or
6. alter or remove the provisions described in Paragraph VI (Termination
/Release/Extinguishment); or
7. cause the provisions of this Paragraph XI to be less restrictive; or
8. cause the provisions described in Paragraph VII.C (Running of the Benefit) to be less
restrictive.
B. Amendment Approvals and Recording
No amendment shall be effective unless documented in a notarized writing executed by Grantees
and Grantor, approved by the Town of Barnstable and by the Secretary in the public interest
pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws, and recorded in the
Barnstable County Registry of Deeds.
XII. EFFECTIVE DATE
This Conservation Restriction shall be effective when the Grantor and the Grantees have executed
it, the administrative approvals required by Section 32 of Chapter 184 of the Massachusetts
General Laws have been obtained, and it has been recorded in the Barnstable County Registry of
Deeds.
XIII. NOTICES
Any notice, demand, request, consent, approval or communication that either party desires or is
required to give to the other shall be in writing and either served personally or sent by first class
mail, postage pre-paid, addressed as follows:
To Grantor: Barnstable Land Trust, Inc.
1540 Main Street
Barnstable, MA 02668
To Primary Grantee: Town of Barnstable, c/o Town Manager
367 Main Street
Hyannis, MA 02601-3907
To Secondary Grantee: Cotuit Fire District, c/ Board of Water Commissioners
64 High Street,
Cotuit, Massachusetts 02635
or to such other address as any of the above parties shall designate from time to time by written
notice to the other or, if notice is returned to sender, to an address that is reasonably ascertainable
by the parties.
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XIV. GENERAL PROVISIONS
A. Controlling Law
The interpretation and performance of this Conservation Restriction shall be governed by the laws
of the Commonwealth of Massachusetts.
B. Liberal Construction
Any general rule of construction to the contrary notwithstanding, this Conservation Restriction
shall be liberally construed in order to effect the Purposes and the policy and purposes of Sections
31, 32, and 33 of Chapter 184 of the Massachusetts General Laws. If any provision in this
instrument is found to be ambiguous, any interpretation consistent with the Purposes that would
render the provision valid shall be favored over any interpretation that would render it invalid.
C. Severability
If any provision of this Conservation Restriction or the application thereof to any person or
circumstance is found to be invalid, the remainder of the provisions of this Conservation
Restriction shall not be affected thereby.
D. Entire Agreement
This instrument sets forth the entire agreement of the Grantor and Grantees with respect to this
Conservation Restriction and supersedes all prior discussions, negotiations, understandings, or
agreements relating to the Conservation Restriction, all of which are merged herein.
XV. BASELINE DOCUMENTATION REPORT
The Conservation Values, as well as the natural features, current uses of, and existing
improvements on the Premises, such as, but not limited to, trails, woods roads, structures, meadows
or other cleared areas, agricultural areas, and scenic views, as applicable, are described in a
Baseline Documentation Report (“Baseline Report”) “Santuit Woodland Conservation Restriction
Baseline Report”, and dated prepared by Grantees with the cooperation of the
Grantor, consisting of maps, photographs, and other documents and on file with the Grantees and
included by reference herein. The Baseline Report (i) is acknowledged by Grantor and Grantees
to be a complete and accurate representation of the condition and values of the Premises as of the
date of this Conservation Restriction, (ii) is intended to fully comply with applicable Treasury
Regulations, (iii) is intended to serve as an objective information baseline for subsequent
monitoring of compliance with the terms of this Conservation Restriction as described herein, and
(iv) may be supplemented as conditions on the Premise change as allowed over time.
Notwithstanding the foregoing, the parties may utilize any evidence of the condition of the
Premises at the time of this grant in addition to the Baseline Report.
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XVI. MISCELLANEOUS
A. Pre-existing Public Rights
Approval of this Conservation Restriction pursuant to Section 32 of Chapter 184 of the
Massachusetts General Laws by any municipal officials and by the Secretary, is not to be construed
as representing the existence or non-existence of any pre-existing rights of the public, if any, in
and to the Premises, and any such pre-existing rights of the public, if any, are not affected by the
granting of this Conservation Restriction.
B. No Surety Interest
The Grantor attests that there is no mortgage, promissory note, loan, lien, equity credit line,
refinance assignment of mortgage, lease, financing statement or any other agreement which gives
rise to a surety interest affecting the Premises.
C. Executory Limitation
If either Grantee shall cease to exist or to be qualified to hold conservation restrictions pursuant to
Section 32 of Chapter 184 of the Massachusetts General Laws, or to be qualified organization
under 26 U.S.C. 170(h), and applicable regulations thereunder, if applicable, and a prior
assignment is not made pursuant to Paragraph VII, then that Grantee’s rights and obligations under
this Conservation Restriction shall run to the other Grantee. If both Grantees shall cease to exist
or to be qualified to hold conservation restrictions pursuant to Section 32 of Chapter 184 of the
Massachusetts General Laws, or to be qualified organization under 26 U.S.C. 170(h), and
applicable regulations thereunder, if applicable, and a prior assignment is not made pursuant to
Paragraph VII, then their rights and obligations under this Conservation Restriction shall run to
the Town of Barnstable Conservation Commission. If the Town of Barnstable Conservation
Commission is no longer in existence at the time the rights and obligations under this Conservation
Restriction would otherwise vest in it, or if the Town of Barnstable Conservation Commission is
not qualified or authorized to hold conservation restrictions as provided for assignments pursuant
to Paragraph VII, or if it shall refuse such rights and obligations, then the rights and obligations
under this Conservation Restriction shall vest in such organization as a court of competent
jurisdiction shall direct pursuant to the applicable Massachusetts law and with due regard to the
requirements for an assignment pursuant to Paragraph VII.
D. Prior Encumbrances
This Conservation Restriction shall be in addition to and not in substitution of any other restrictions
or easements of record affecting the Premises.
E. The following signature pages are included in this Grant:
Grantor – Barnstable Land Trust, Inc.
Primary Grantee Acceptance – Town of Barnstable Town Manager
Secondary Grantee Acceptance – Cotuit Fire District Board of Water Commissioners
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Approval of Town of Barnstable Town Council
Approval of Department of Environmental Protection
Approval of the Secretary of Energy and Environmental Affairs of the Commonwealth of
Massachusetts.
F. The following exhibits are attached and incorporated herein:
Exhibit A: Legal Description of Premises
Exhibit B: Reduced Copy of Recorded Plan of Premises
Exhibit C: Town Council Order Authorizing the Use of CPA Funds
Exhibit D: Cotuit Fire District Vote Authoring Funds
Exhibit E: Massachusetts Department of Environmental Protection Approval
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WITNESS my hand and seal this ____ day of ____________, 2025 as authorized by vote of the
Barnstable Land Trust, Inc., at a meeting duly held on __________________, 2025, authorizing
grant of the foregoing Conservation Restriction to the Town of Barnstable and the Board of
Water Commissioners of the Cotuit Fire District.
Barnstable Land Trust, Inc.
___________________________
Leigh Townes, President,
Barnstable Land Trust, Inc.
______________________________
Jill McCleary, Treasurer
Barnstable Land Trust, Inc.
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss. ________________ 2025
Then personally appeared the above-named Leigh Townes, President, Barnstable Land Trust,
Inc. and Jill McCleary, Treasurer, Barnstable Land Trust, Inc., the corporation named in the
foregoing instrument, and proved to me through satisfactory evidence of identification, which
was personal knowledge of identity, to be the persons whose names are signed on the document,
and each acknowledged she is duly authorized to act on behalf of said corporation, and each
further acknowledged the foregoing instrument to be the free act and deed of said corporation,
before me.
Notary Public
My commission expires:
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ACCEPTANCE AND APPROVAL OF TOWN MANAGER
I, Mark S. Ells, as Town Manager of the Town of Barnstable, Massachusetts, hereby approve in
the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws and
accept the foregoing Conservation Restriction from the Barnstable Land Trust, Inc. to the Town
of Barnstable and the Board of Water Commissioners of the Cotuit Fire District.
TOWN OF BARNSTABLE
TOWN MANAGER: ______________________
Mark S. Ells
Barnstable, ss
On the day of , 2025, before me, the undersigned notary public,
personally appeared Mark S. Ells, the person whose name is signed on the document and proved
to me through satisfactory evidence of identification, which was
, and who being by me duly sworn did say that he is the Town Manager of the Town of
Barnstable; that he is duly authorized to act on behalf the Town of Barnstable and he acknowledged
the foregoing instrument to be his free act and deed.
______________________
Notary Public
My Commission Expires
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ACCEPTANCE OF THE GRANT BY THE BOARD OF WATER COMMISSIONERS OF
THE COTUIT FIRE DISTRICT
We, the undersigned, being a majority of the Board of Water Commissioners of the Cotuit Fire
District hereby certify that at a public meeting duly held on _______________, 2025, acting
pursuant to the authority granted under Article of the Cotuit Fire District Annual Meeting
held on May 29, 2024, voted to approve and accept the foregoing Conservation Restriction from
Barnstable Land Trust, Inc.
COTUIT WATER DISTRCT
By a majority of the Board of Water
Commissioners:
Scott Horsley
Mark Robinson
David Churbuck
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss:
On this day of , 2025, before me, the undersigned notary
public, personally appeared , , and
, and proved to me through satisfactory evidence of
identification which was ______________________________ to be the persons whose names are
signed on the proceeding or attached document, and acknowledged to me that they signed it
voluntarily for its stated purpose.
______________________________
Notary Public
My Commission Expires:
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APPROVAL OF THE TOWN OF BARNSTABLE
TOWN COUNCIL
At a public meeting duly held on , 2024, the Town Council of the
Town of Barnstable, Massachusetts, voted to approve the foregoing Conservation Restriction
from the Barnstable Land Trust, Inc. to the Town of Barnstable and the Board of Water
Commissioners of the Cotuit Fire District in the public interest pursuant to Section 32 of Chapter
184 of the Massachusetts General Laws and hereby certifies approval of the foregoing Conservation
Restriction. An attested copy of the vote of the Town Council is attached hereto and included herein
as Exhibit E.
.
TOWN COUNCIL PRESIDENT:_
_____________________
Felicia R. Penn
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss
On the day of , 2024, before me, the undersigned notary
public, personally appeared Felicia R. Penn, the person whose name is signed on the document
and proved to me through satisfactory evidence of identification, which was
, and who being by me duly sworn did say that he is the President of
the Town Council of the Town of Barnstable; that he is duly authorized to act on behalf the Town
Council; and he acknowledged the foregoing instrument to be the free act and deed of Town of
Barnstable Town Council.
Notary Public
My Commission Expires:
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APPROVAL OF SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS OF
THE COMMONWEALTH OF MASSACHUSETTS
The undersigned, Secretary of Energy and Environmental Affairs of the Commonwealth of
Massachusetts, hereby approves the foregoing Conservation Restriction from the Barnstable Land
Trust, Inc. to the Town of Barnstable and the Board of Water Commissioners of the Cotuit Fire
District in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General
Laws.
Dated: ________________, 2025
Rebecca L Tepper
Secretary of Energy and Environmental Affairs
THE COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss:
On this day of , 2025, before me, the undersigned notary
public, personally appeared Rebecca L Tepper, and proved to me through satisfactory evidence of
identification which was ______________________________ to be the person whose name is
signed on the proceeding or attached document, and acknowledged to me that she signed it
voluntarily for its stated purpose.
______________________________
Notary Public
My Commission Expires:
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EXHIBIT A
Description of the Premises
The land in Barnstable, Massachusetts, containing 5.84 acres, +/-, shown on a plan of land titled
“Plan of Subdivision of Land in Santuit, Barnstable, Mass, for Theodore Nigro, Scale: 1 inch =
40 Feet”, dated May 21, 1973, by Robert H. Waite, registered land surveyor, West Yarmouth,
Mass., recorded at the Barnstable County Registry of Deeds in Plan Book 278, Page 18.
For Grantors Title see Barnstable County Registry of Deeds at Book , Page .
Town Barnstable Assessors Map 024, Parcel 042
Street Address: 4609 Falmouth Road (Route 28), Village of Cotuit, Barnstable MA 02635
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EXHIBIT B
Reduced Copy of Plan of Premises
For official full size plan see Barnstable County Registry of Deeds Plan Book 278 Page 18.
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EXHIBIT C
Town Council Order
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EXHIBIT D
Cotuit Fire District Vote Authoring Funds
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EXHIBIT E
Massachusetts Department of Environmental Protection Approval