HomeMy WebLinkAboutBarnstable Trails Planningjrsley. & Witten, Inc.
90 Route 6A
Sandwich, MA 02563
www.horsleywitten.com
Phone (S08) 833-6600
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Cape C od Pathways
Trail Plan
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iorsiey & Witten, Inc.
90 Route SA
Sandwich, MA
02563
Phone • .508.833.6600
Fax • 508.833.3150
www.horsleywitlen.com
April 17, 2003
Mr. Robert Gatewood, Director
Barnstable Conservation Department
367 Main Street
Hyannis, Massachusetts, 02601
Re: Barnstable Cape Cod Pathways Trail Plan, Barnstable, Massachusetts
Dear Mr. Gatewood:
Horsley & Witten Inc. is pleased to submit the Barnstable Cape Cod Pathways
Trail Plan. We have very much enjoyed developing this Trail Plan in
cooperation with you and other Town staff and Committee members, and trust
that this Plan represents the most feasible trans-town walking trail network
considering current larid ownership patterns.
As discussed with you earlier, we have included several items as appendices to
the report that will facilitate Trail Plan impleinentation. These items include:
• Proposed Cape Cod Pathways Committee Charge
• Access Agreement Samples
• Letter Template to Barnstable Town Council
• Script for Landowner Contacts
• Limited Liability Statute
• Trail Segment Description Spreadsheet
We also suggest that you consider seeking formal Conservation Commission
approval prior to requesting approval from the Town Council.
It has been our pleasure working towards the creation of this valuable
recreational and open space amenity for the Town of Barnstable. We look
forward to working with you again in the near future.
Sincerely yours,
HORSLEY & WITTEN INC.
Q) ~/!u,-~m • -~
Jeff Thibodeau, NILA
Environmental Planner
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Enclosure
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TABLE OF CONTENTS
Page
EXECUTIVE SUMMARY
1.0 INTRODUCTION AND ACKNOWLEDGMENTS
2.0 BACKGROUND AND AUTHORITY
3.0 PLANNING GOALS AND OBJECTIVES
4.0 PROJECT SCHEDULE AND METHODOLOGY
4.1 Schedule
4.2 Methodology
5.0 DESCRIPTION OF PROPOSED TRAIL
5.1 Description of Trail Segments
6.0 Th1PLEMENTATION STRATEGY
6.1 Endorsement of the Trail Plan and Appointment of
Pathways Committee
6.2 Contacting Landowners
6.3 Description of Legal Land Protection Tools
6.4 Management of Dedicated Trail Sections
7.0 CONCLUSION
APPENDIX 1: Proposed Barnstable Ad Hoc Cape Cod Pathways Committee Charge
APPENDIX 2: Proposed Makeup Of Pathways Committee And Staff Advisory Group
APPENDIX 3: Template For Letter To Private Landowners
APPENDIX 4: Script For Contacting Landowners by Phone
APPENDIX 5: Access Agreement Examples
APPENDIX 6: Template For Letter To Barnstable Town Council
APPENDIX 7: Road Ownership Along Proposed Trail
APPENDIX 8: Limited Liability Statute
APPENDIX 9: Trail Segment Descriptions Spreadsheet
PROPOSED TRAIL PLAN MAP
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EXECUTIVE SUMMARY
Cape Cod Pathways is a growing network of walking trails linking open space in all 15
Cape Cod towns from Falmouth to Provincetown. In November 1993, the Barnstable
County Commissioners conceived the Cape Cod Pathways project as a way to:
• Enable residents and visitors to enjoy and learn about the natural, recreational,
historical and cultural values of Cape Cod.
• Enhance access for walkers and hikers to the Cape's woodlands, ponds, beaches
and historical villages.
• Foster the preservation of open space in order to protect scenic views, wildlife
habitat and sensitive natural areas.
• Serve as a regional amenity, attracting visitors to Cape Cod during all seasons of
the year.
Numerous individuals and organizations across Cape Cod have been involved in this
effort through the years, including the organization called Partners for Cape Cod
Pathways (Association for the Preservation of Cape Cod, Cape Cod Commission, The
Compact of Cape Cod Conservation Trusts, and The Conservation Fund), as well as trail
advocates and local town committees.
A recent grant from Barnstable County provided funds for additional Pathways planning
work in the Town of Barnstable. Horsley & Witten Inc., an environmental services firm
in Sandwich, Massachusetts was hired by the Town to conduct this work.
The main goal of this trail plan is to identify and describe the most feasible east-west
route for a dedicated walking trail through Barnstable based on existing environmental
and cultural factors. In consideration of this goal, several planning objectives were
outlined at the inception of the Cape Cod Pathways project, including the following:
1. To maximize inclusion of publicly accessible lands and to minimize inclusion of
private property.
2. To minimize new trail cutting by maximizing use of existing paths, trails, and
cartways.
3. To provide buffers between the Pathways and private developed areas, such as
residential subdivisions, wherever possible.
4. To avoid wetlands crossings, steep slopes, and other sensitive natural areas
wherever possible.
5. To provide a variety of scenes and experiences.
6. To minimize road crossings for safe walking; to cross traveled roads only where
safe sight distances are available; to avoid walking on road shoulders wherever
possible.
7. To provide occasional access to rest and refreshment facilities, such as restrooms
and markets.
Barnstable Cape Cod Pathways
Trail Plan 1
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8. To provide endpoints near likely inter-town and inter-modal Pathway
connections.
9. To provide trailheads and parking areas convenient to residents and visitors
anywhere in the vicinity.
10. To include segments appropriate to coincide with potential disabled access
recreational routes.
11. To create loop and spur trails off the central trail.
Planning assistance was received from the Town of Barnstable Conservation
Administrator and Conservation Commission, Geographic Information Systems (GIS)
Department, Assessor's Department, Engineering Department and Planning Department.
Americorps Cape Cod has also been very helpful. The following individuals were
instrumental in Pathways planning for the Town of Barnstable:
• Doug Bill, Town of Barnstable Planning Department
• Tom Broidrick, Town of Barnstable Planning Director
• Lindsey Counsell, Town of Barnstable Open Space Committee
• Robert Gatewood, Town of Barnstable Conservation Administrator
• Darcy Karle, Town of Barnstable Conservation Commission
• Nikhil Jaikumar, Americorps of Cape Cod
• Martha Twombley, Cape Cod Commission Pathways Coordinator
By endorsing this Cape Cod Pathways Trail Plan and creating a committee charged with
its implementation, the Town of Barnstable will have an opportunity to join the growing
number of towns that have dedicated a trans-town walking trail network as part of the
Cape Cod Pathways system.
Although existing conservation areas account for the majority of public walking trails in
Barnstable, not all of them are connected to each other and hikers do not yet have the
option of walking unimpeded across town from one area to another. In order to provide
trail linkages between existing conservation area trails, it will be necessary to use some
road right of ways and may also be necessary to propose the inclusion of some existing
privately owned parcels. To implement these portions of the plan, it will be necessary to
acquire legal rights to traverse these properties, through land acquisition/ownership,
conservation easements, or other written legal agreements. Implementation of the
proposed trail route will be greatly fostered through the creation of an Ad Hoc Pathways
Committee, charged with various implementation responsibilities. The proposed charge
for this Committee, which outlines the various means through which permission may be
acquired from property owners, is included in this report.
This project was conducted primarily during the months of January, February and March
2003 to inventory and analyze trail types and conditions, potential assets and
conflicts/issues, and attractive features.
Barnstable Cape Cod Pathways
Trail Plan
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The Trail Route most effectively accomplishes the objectives of the Cape Cod Pathways
program, considering existing constraints and opportunities and the trail planning
objectives set forth above. However, the alignment of the proposed route may change
through time, depending upon the results of the proposed Pathways Committee's
implementation efforts.
Implementation of the Cape Cod Pathways trail network will directly enhance
Bamstable's conservation and recreation resources, providing an additional reason for the
ongoing acquisition ad protection of conservation land, thereby assisting in regional open
space conservation efforts.
Barnstable Cape Cod Pathways
Trail Plan iii
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1.0 INTRODUCTION AND ACKNOWLEDGMENTS
Cape Cod Pathways is a growing network of walking trails linking open space in all 15
Cape Cod towns from Falmouth to Provincetown. In November 1993, the Barnstable
County Commissioners conceived the Cape Cod Pathways project as a way to:
• Enable residents and visitors to enjoy and learn about the natural, recreational,
historical and cultural values of Cape Cod.
• Enhance access for walkers and hikers to the Cape's woodlands, ponds, beaches
and historical villages.
• Foster the preservation of open space in order to protect scenic views, wildlife
habitat and sensitive natural areas.
• Serve as a regional amenity, attracting visitors to Cape Cod during all seasons of
the year.
Numerous individuals and organizations across Cape Cod have been involved in this
effort through the years, including the presently dormant organization called Partners for
Cape Cod Pathways (Association for the Preservation of Cape Cod, Cape Cod
Commission, The Compact of Cape Cod Conservation Trusts, and The Conservation
Fund), as well as trail advocates and local toW!l committees. In Barnstable, planning
assistance was received from the Conservation Administrator and Conservation
Commission, Geographic Information Systems (GIS) Department, Assessor's
Department, Engineering Department and Planning Department. Americorps Cape Cod
has also been very helpful. The following individuals were instrumental in Pathways
planning for the town of Barnstable:
• Doug Bill, Town of Barnstable Planning Department
• Tom Broidrick, Town of Barnstable Planning Director
• Lindsey Counsell, Town of Barnstable Open Space Committee
• Robert Gatewood, Town of Barnstable Conservation Administrator
• Darcy Karle, Town of Barnstable Conservation Commission
• Nikhil Jaikumar, Americorps of Cape Cod
• Martha Twombley, Cape Cod Corn.mission Pathways Coordinator
2.0 BACKGROUND AND AUTHORITY
All 15 Cape Cod towns have endorsed the Cape Cod Pathways project and have been, or
are actively working on, planning efforts. Various existing trails throughout the Town of
Barnstable have been individually mapped and described in a collection of Interpretive
Trail Guides produced by the Barnstable Conservation Commission. Trail maps and/or
guides have been produced for the following conservation areas:
• Bridge Creek Conservation Area
• Crocker N eek Conservation Area
Barnstable Cape Cod Pathways
Trail Plan
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• Hathaways Pond Conservation Area
• Long Pond Nature Trail
• Old Jail Lane Conservation Area
• Sandy Neck Nature Trail
• West Barnstable Conservation Area
• Whelan Conservation Area
Although these areas account for the majority of public walking trails in Barnstable, not
all of them are connected to each other and hikers do not yet have the option of walking
unimpeded across town from one area to another. In order to provide trail linkages
between existing conservation area trails, it will be necessary to use some road right of
ways and it may also be necessary to propose the inclusion of some existing privately
owned parcels. To implement these portions of the plan, it will be necessary to acquire
legal rights to traverse these properties, through land acquisition/ownership, conservation
easements, or other written legal agreements. Implementation of the proposed trail route
will be greatly fostered through the creation of an Ad Hoc Pathways Committee, charged
with various implementation responsibilities. The proposed charge for this Committee,
which outlines the various means through which permission may be acquired from
property owners, is included as Appendix 1.
The Town of Barnstable has established the groundwork for the creation of a trans-town
trail network through its protection of several conservation areas. The Cape Cod
Pathways trail network will directly enhance Barnstable's conservation and recreation
resources, providing an additional reason for the ongoing acquisition and protection of
conservation land, thereby assisting in regional open space conservation efforts.
3.0 PLANNING GOALS AND OBJECTIVES
Cape Cod Pathways planning in the Town of Barnstable is benefiting from simultaneous
planning efforts occurring in the neighboring Town of Sandwich ( consulting services
provided by The Compact of Cape Cod Conservation Trusts Inc.) and planning
completed in the Town of Yarmouth. In addition, there is a committed group of
individuals in Barnstable working to augment conservation land linkages throughout the
town. Large areas of conservation land currently provide substantial trail corridors at
both the western and eastern boundaries.
The main goal of this trail plan is to identify and describe the most feasible east-west
route for a dedicated walking trail through Barnstable based on existing environmental
and cultural factors. In consideration of this goal, several Planning objectives were
outlined at the inception of the Cape Cod Pathways project, including the following:
I. To maximize inclusion of publicly accessible lands and to minimize inclusion of
private property.
Barnstable Cape Cod Pathways
Trail Plan 2
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2. To minimize new trail cutting by maximizing use of existing paths, trails, and
cartways.
3. To provide buffers between the Pathways and private developed areas, such as
residential subdivisions, wherever possible.
4. To avoid wetlands crossings, steep slopes, and other sensitive natural areas
wherever possible.
5. To provide a variety of scenes and experiences.
6. To minimize road crossings for safe walking; to cross traveled roads only where
safe sight distances are available; to avoid walking on road shoulders wherever
possible.
7. To provide occasional access to rest and refreshment facilities, such as restrooms
and markets.
8. To provide endpoints near likely inter-town and inter-modal Pathway
connections.
9. To provide trailheads and parking areas convenient to residents and visitors
anywhere in the vicinity.
10. To include segments appropriate to coincide with potential disabled access
recreational routes.
11. To create loop trails off the central trail.
Bamstable's pattern of development is such that the center of town is dominated by
residential subdivisions, with few large open space holdings. Many of these subdivision
parcels are developed, while others are not. In order to successfully establish a
contiguous east-west walking trail, permission will need to be secured from several
private landowners and some roads and sidewalks will need to be utilized. Securing this
permission will be the primary and most immediate task of the proposed Barnstable Ad
Hoc Cape Cod Pathways Committee. Success in this regard will determine the eventual
route of the walking trail, and the feasibility of achieving the plan as currently proposed.
The trail's eventual alignment is expected to evolve along with this ongoing negotiation
process.
4.0 PROJECT SCHEDULE AND METHODOLGY
4.1 Schedule
This project was conducted during the winter of 2003. The dates listed below represent
important benchmarks in the project's development.
January 29, 2003 Pathways planning kickoff meeting held with consultant (Horsley
& Witten, Inc.) and client, Town of Barnstable Conservation
Commission. Also present were representatives from the Planning
Department, Open Space Committee, Barnstable Land Trust and
Americorps Cape Cod.
Barnstable Cape Cod Pathways
Trail Plan 3
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February 2003 Pathways planning research, field inventory and analysis begins.
February 27, 2003 Regional Pathways Meeting held at Dennis Senior Center to
brainstorm present and future Cape Cod Pathways planning efforts.
March 18, 2003 Second working meeting held with consultant (Horsley & Witten,
Inc.) and client, Town of Barnstable Conservation Commission, to
discuss Draft Trail Plan and associated issues. Also present were
representatives from the Planning Department, Open Space
Committee, Barnstable Land Trust and Americorps Cape Cod.
April 2003 Horsley & Witten submits Cape Cod Pathways Trail Plan for
Barnstable. Plan includes several recommendations including the
appointment of an Ad Hoc Pathways Committee, charged with
implementing the trail plan.
4.2 Methodology
Two working meetings were held with the Town of Barnstable Conservation Department
and other collaborators during the planning process. The first meeting focused on
gathering information and brainstorming potential trail routes. This meeting was
followed by extensive fieldwork to explore the feasibility of the alternatives discussed.
Field investigations culminated in the preparation of a Draft Trail Plan and accompanying
text. The second working meeting focused on reviewing the Draft and working out
remaining questions and issues associated with the Plan. Corrections were made and the
final Cape Cod Pathways Trail Plan was prepared.
Fieldwork was conducted primarily during the months of January, February and March
2003 to inventory and analyze trail types and conditions, potential assets and
conflicts/issues, and attractive features. Feasibility analysis was based largely on the
objectives for trail route layout established by the Cape Cod Pathways Project, listed in
Section 3.0 above. In accordance with these objectives, whenever possible the proposed
trail route has been located along existing paths and public rights of way and away from
sensitive resources and private lands. In some areas of town, due to existing land use and
ownership patterns, the use of private land is unavoidable. It is within these areas that the
bulk of the remaining planning work and time is needed. Fortunately, there are a limited
number of privately owned parcels through which the Proposed Trail passes. Acquiring
legal rights of passage over these properties via the attainment of license, easements,
outright purchase or another access agreement should be the primary and immediate
implementation task of the Proposed Ad Hoc Pathways Committee. In addition, there are
a few privately owned roads on the trail route. Use of these roads for public recreational
purposes such as walking trails will also require permission from the road's abutters. It is
within the Pathways Committee's charge to conduct this research and negotiation, with
technical support available from various sources, including designated Town staff and
Barnstable Cape Cod Pathways
Trail Plan 4
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private consultants, such as Horsley & Witten, Inc. This assistance may be provided on a
fee basis.
As trails are formally established and dedicated, the appointed Ad Hoc Pathways
Committee will be charged with installing trail markers and other appropriate signage and
amenities such as benches, trash receptacles, etc. In the future it is hoped that Barnstable
officials and volunteers will continue the trail planning work to design and create spur
and loop trails north and south from the central east-west corridor currently being
proposed. In addition, open space planning efforts can use the proposed Pathways 'route
as an additional criterion in town-wide land acquisition decisions. For instance, a.
privately owned parcel, through which the proposed trail passes, may become more
desirable for acquisition due to its importance in .the larger trail network. Some smaller,
currently isolated trails can also be dedicated to the Pathways system.
5.0 DESCRIPTION OF PROPOSED TRAIL
Because extensive trail planning work has already been conducted in both Sandwich and
Yarmouth, and the overarching intention is to link trails in abutting towns in order to
create a regipnal trail system, planning in Barnstable began by looking at proposed and/or
existing trails in these two abutting towns.
The proposed Pathways route in Sandwich crosses Barnstable's western boundary within
• the West Barnstable Conservation Area (WBCA), either at Old Mill Lane or at the power
lines. In Yarmouth, the Pathways route enters Barnstable-at its eastern boundary, within
the large conservation area owned by the Massachusetts Division of Fisheries and
Wildlife. Both of these conservation areas lie immediately south of the Route 6 corridor
and represent the most logical connections to existing trails in abutting towns.
An analysis of Barnstable parcel maps indicates that publicly owned lands are scattered
throughout the town, which is heavily developed with commercial and residential lots.
The greatest concentration of abutting publicly owned parcels, and thus the most efficient
opportunity for creating an east-west link, is immediately adjacent to the Route 6
highway corridor. Additional publicly owned lands and rights of way existing to the
north and south of this corridor provide opportunities for spur and/or loop trails off the
main Pathways east-west spine.
The Trail Route outlined below most effectively accomplishes the objectives of the Cape
Cod Pathways program considering existing constraints and opportunities and the trail
planning objectives set forth above. However, the alignment of the proposed route may
change through time, depending upon the results of the proposed Pathways Committee's
implementation efforts.
To facilitate the discussion of the proposed route, it has been divided into several
logically delineated segments, defined either by their end points, ownership, their
Barnstable Cape Cod Pathways.
Trail Plan 5
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landscape character and use, or a combination of the above. For the purpose of clarity,
the trail is described as if moving from west to east, although hikers may choose to walk
in any direction.
5.1 Description of Trail Segments
Segment 1 West Barnstable Conservation Area from Town
Boundary .to Route 149
Distance: 2.9 miles
Ownership:
Major Natural Features:
Major Cultural Features
an·d Public Use Areas:
Parking Areas:
Public
• Pitch pine-oak forest.
• Extensive trail system.
• Excellent opportunity for multiple trail uses
including horses, mountain bikes, skiers and hikers.
• Beautiful, dense woodlands.··
• Powerline corridor.
• Highest elevation in Barnstable.
• Walker Point.
• Shooting range.
• Trail signs and map.
Yes.
1.
2.
3.
Service road near Exit 5: beneath powerlines (8-12
cars), shooting range entrance, and two other dirt
road entrances.
Farmersville Road off of Race Lane (20-25 cars).
Popple Bottom Road off of Route 149.
Additional nearby parking areas include on Crooked Cartway (near Fire District land)
and at Otis Atwood Conservation Area.
Comfort facilities: No.
Recommendations:
• A void shooting range at northwestern comer of
conservation area.
Barnstable Cape Cod Pathways
Trail Plan 6
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Private Parcels on
Segment 1:
• Provide additional trail markers.
• Improve and add signage.
• Brush cutting maintenance required on some trails.
• Provide trash receptacles at all parking areas.
None.
...............................................................................................
Segment 1 begins at the Town's boundary with Sandwich and traverses the West
Barnstable Conservation Area (WBCA). At 1,114 acres, the WBCA is the town's largest
conservation area. The parcel is crisscrossed with trails and dirt roads ( currently closed
to motorized vehicles). The approximately 15 miles of trails are open to hiking,
horseback riding and mountain biking. Vegetation is primarily pitch pine and oak forest
although there is quite a diversity of species including American holly, beech, birch, and
white pine. Some white pine specimens reach 60 feet high and 18 inches in diameter.
The terrain is relatively rugged, with numerous ridges and kettle holes, and should be
considered challenging to most hikers. A town-owned and maintained shooting range
exists in the northwestern section, representing a potential hazard to hikers, and should be
avoided. There are six perimeter parking areas providing access points for visitors. No
bathroom facilities exist.
Segment 1 begins at the Town boundary on Old Mill Road, where it meets trails being
planned in Sandwich (personal communication with Mark Robinson, The Compact of
Cape Cod Conservation Trusts, Inc.). Although any trails within the conservation area
can be accessed by hikers and all are attractive, the proposed route is intended to provide
the most direct east-west route, while providing the most interesting and attractive
landscape features.
Because these trails are currently being used for various purposes, efforts should be made
to minimize potential trail user conflicts. Segment 1 exits the WBCA onto Route 149,
near the Exit 5 interchange off the Mid-Cape highway. Hikers may either exit from the
Service Road and walk east along the north side of Meetinghouse Road or they may exit
south of the Service Road and loop through Otis Atwood Conservation Area before
heading east along the south side of Meetinghouse Road. In either case, passage along
this stretch of Meetinghouse Road is relatively hazardous due to vehicular traffic. The
installation of sidewalks is recommended.
Segment lA
(Optional Loop)
Distance:
Ownership:
Barnstable Cape Cod Pathways
Trail Plan
Otis Atwood Conservation Area
1.8 miles
Public
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Major Natural Features:
Major Cultural Features
and Public Use Areas:
Parking Areas:
• Pitch pine-oak forest.
NIA
Yes.
1. ATOACA
2. Across Route 149 at WBCA.
Comfort facilities: No.
Recommendations:
Private Parcels on
Segment 1:
• Provide crosswalk
None .
...............................................................................................
Segment IA is an optional loop trail for hikers using the West Barnstable Conservation
Area or a destination in itself. Hikers can walk along either shoulder of Route 149 to
reach Segment 2 and special care should be taken when crossing Route.149 or Exit 5 on
ramps.
Segment 2 Meetinghouse Road (Route 149) from WBCA to Conant
Property
Distance: 0.5 miles
Ownership: Public
Major Natural Features: Conant Property.
Major Cultural Features
and Public Use Areas: Meetinghouse Road.
Parking Areas: Yes.
1. West Barnstable Conservation Area beneath
powerlines (8-12 cars).
Barnstable Cape Cod Pathways
Trail Plan
2. Conant Property (20 cars).
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Comfort facilities: No.
Recommendations:
Private Parcels on
Segment 2:
• Construct sidewalks along Route 149 between Exit
5 interchange and Conant property.
• Provide trail markers, including along Route 149.
None.
...............................................................................................
To access existing conservation areas north of Route 6, the trail must pass over the mid-
Cape highway on Meetinghouse Road. The most logical crossing point is at the Exit 5
interchange, along Route 149. To reduce potential hazards to hikers walking along the
shoulder on either side of ~s very busy road, the installation of sidewalks and
crosswalks is recommended on at least one side of the road.
Segment2A
(Optional Loop)
Distance:
Ownership:
Major Natural Features:
Major Cultural Features
and Public Use Areas:
Parking Areas:
Conant Property Loop
0.5 miles
Public
• Upland and wetland habitats.
• Fish hatchery.
• Conant Property.
• Meetinghouse Road.
Yes.
1. Conant Property (20 cars) -Off Meetinghouse
Road.
Comfort facilities: No.
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Trail Plan 9
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Recommendations:
Private Parcels on
Segment2A:
• Provide trail markers.
• Provide bathroom facilities.
None.
...............................................................................................
The Conant property was purchased by the Town for conservation purposes, and as a
potential future wellfield area. The property was formerly used as a plant nursery and is
characterized by woodland with some notable mature trees. The Town is currently
performing restoration work on the property, which is located next to a privately owned
fish hatchery and associated wetlands.
Segment2B
(Optional Loop)
Distance:
Ownership:
Major Natural Features:
Major Cultural Features
and Public Use Areas:
Parking Areas:
Loop Trail from Conant Property North to Lombard
Properties and Great Marshes and back to Bridge
Creek Conservation Area
3.5 miles (Total loop including doubling back on
Navigation Road).
Public.
• Lombard Properties.
• Great Marshes.
• Lombard Properties.
• Great Marshes.
Yes.
1. Lombard Property (Meetinghouse Road).
2. Conant Property (20 cars) -Off Meetinghouse
Road.
Comfort facilities: Yes.
Recommendations:
Barnstable Cape Cod Pathways
Trail Plan
• Sidewalks are recommended in some places along
Route 149 and Navigation Road for improved
safety.
Horsley & Witten Inc.
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Private Parcels on
Segment2B:
• Because Navigation Road is an Ancient Way, the
public's right to cross is not entirely clear. This
should be researched further before designating it as
part of the Pathways system.
None .
...............................................................................................
An optional loop trail to the north would provide hikers access to Route 6A and also to
the Great Marshes south of Sandy Neck barrier beach. Hikers would pass by the town-
owned Lombard Properties. Sidewalks are recommended in some places along Route
149 and Navigation Road for improved safety. Because Navigation Road is an Ancient
Way, the public's right to cross is not entirely clear. This should be researched further
before designating it as part of the Pathways system. Hikers may retrace their steps to
arrive the next segment of they may walk east on Route 6A for a short distance, crossing
the railroad tracks on Route 6A before entering the Bridge Creek Conservation Area.
Segment 3
Distance:
Ownership:
Major Natural Features:
Major Cultural Features
and Public Use Areas:
Parking Areas:
Barnstable Cape Cod Pathways
Trail Plan
Bridge Creek Conservation Are.a from Meetinghouse
Road (Route 149) to Parker Road
1.3 miles.
Public.
• Bridge Creek and Marsh.
• Red maple swamp.
• Dense woodlands.
• Tidal and freshwater marsh and streams.
• Open marsh.
• Attractive bridges, boardwalks and benches.
• Stone walls.
• Abandoned cranberry bogs.
• Hiking, mountain bike riding, horseback riding, bird
watching, hunting subject to current rules and
regulations (prohibited within the Jenkins Wildlife
Sanctuary).
• Information kiosks available.
Yes.
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1. Off Church Street (3-5 cars).
2. Off Meetinghouse Road (Route 149) behind West
Barnstable Fire Station .
. Comfort facilities:
Recommendations:
Private Parcels on
Segment 3:
No.
NIA.
None.
...............................................................................................
The 246-acre Bridge Creek Conservation Area (BCCA) is a wonderfully diverse and
beautiful landscape with a circuitous trail network that could keep a hiker busy for the
better part of a day. Trails wind through a dense canopy of mixed hardwoods and
evergreen& including red maple, tupelo, oak, cedar, holly and pine. A large percentage of
the property is wetland, including areas ofred maple swamp, fresh water and tidal marsh.
Wooden bridges and boardwalks help make the traverse easier.and drier. The existing
2.5-mile trail network provides a fine destination point for hikers seeking a pleasurable
and not too challenging day hike. The Cape Cod Pathways Trail Plan incorporates the
east-west moving trails as part of its spine. Trails moving north toward Route 6A are part
of trail segment 2B (optional loop). Hikers may exit onto Church Street at one of two
places and either cross or walk along the street to reach the next segment.
Segment 4 Cranberry Bog Area (Private) from Parker Road to
Spruce Pond Conservation Area
Distance: 0.6 miles
Ownership: Private
Major Natural Features: Cranberry bogs.
Major Cultural Features
and Public Use Areas: Cranberry bogs.
Parking Areas: No.
Comfort facilities: No.
Recommendations:
• Seek permission from owners of parcels listed
below to cross property.
Barnstable Cape Cod Pathways
Trail Plan 12
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Private Parcels on
Segment 4:
•
•
•
•
•
Map 176/Pacel 026
Map 176/Parcel 018
Map 176/Parcel 0 19
Map 17 6/Parcel 021
Map 176/Parcel 16-001
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• A large area of privately owned cranberry bogs exist on the south side of Parker Road.
They are situated just south of the Bridge Creek Watershed Conservation Area and just
north of the Spruce Pond Conservation Area, making them an important missing link in
the proposed trail route. Permission from the landowners in this area will be required in
order to establish the right to cross over the privately owned land. The proposed trail
follows existing unimproved roads on the perimeter of the bogs. The privately owned
parcels listed above will need to be traversed. The proposed Pathways Committee should
include these parcels in their negotiations. • •
Segment 5
Distance:
Major Natural Features:
Major Cultural Features
Spruce Pond Conservation Area from E.~stern
Boundary of Cranberry Bog Area to Oak Street
0.9 miles.
• Sand Hill and Spmce Ponds.
• Potential Views to Cape Cod Bay from high
elevations beneath power lines.
and Public Use Areas: Power line Corridor.
Parking Areas: No.
Comfort facilities: No.
Recommendations:
Barnstable Cape Cod Pathways
Trail Plan
• Seek permission from owners of Map 195/Parcel
006 and Map 195/ Parcel 025 to cross property.
• Seek permission from owners of Map 195/Parcel
011 if this section of Plum Street is privately
owned.
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Private Parcels on
Segment 5:
• Map 195/Parcels 006 and 025.
• Map 195/Parcel 011 (if this section of Plum Street is
privately owned .
...............................................................................................
The Spruce Pond Conservation Area encompasses several acres in and around Spruce and
Sand Hill Ponds. Spruce Pond itself is tucked into a kettle hole in the shadow of the
towering powerlines just to the south. To traverse this area using existing trails, it is
necessary to walk beneath the powerlines for part of this segment's length. Some
walkers may prefer the openness and challenging terrain of this elevated land, including
views north to the Bay, and may choose to walk beneath the power lines for the entire
segment. However the majority of hikers will prefer to walk along the narrow trail
skirting the south edge of Spruce Pond until it exits at Plum Street, an unimproved dirt
road. From Plum Street hikers can walk southeast to reach Oak Street. Two privately
owned parcels exist along this segment of the Trail Route. The proposed Pathways
Committee should include these parcels in their negotiations.
Segment 6 Oak Street to Route 132 west of Cape Cod Community
College
Distance: 0.8 miles
Ownership: Public and Private
Major Natural Features: Pitch pine oak woodland.
Major Cultural Features
and Public Use Areas:
Parking Areas:
• YMCA and Cape Cod Conservatory of Music.
• Power line corridor.
Yes.
1. Off Oak Street beneath power line right of way (3-5
cars). Although parking is currently occurring here,
this is on private property (Map 195/parcel 29) and
any officially designated parking area would need
permission from the owners.
Comfort facilities: Yes.
Barnstable Cape Cod Pathways
Trail Plan
1. YMCA building.
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Recommendations:
Private Parcels on
Segment 6:
\
• Provide trail markers.
• Blaze clearer trail entrance near YMCA.
• Survey plans should be researched to determine
whether or not the existing trail crosses into private
land. If so, either permission to pass must be
attained or the trail should be moved slightly west
in order to be completely on public land.
• Seek permission from owners of Map 195/ Parcel
029 to cross and park on property, beneath power
lines.
• Survey plans should be researched to determine
whether or not the existing trail crosses onto Map
215, parcel 20. If so, either permission to pass must
be attained or the trail should be moved slightly
west in order to be completely on public land.
• After exploring both the northern and southern
options for continuing eastward, it was determined
that the northern route is by far the more feasible
and interesting option and is recommended as the
Preferred Pathways Route. The southern option is.
severely limited and this option is not recommended
for further exploration at this time.
• Conduct further research to verify ownership of
Map 215, Parcel 018. Regardless of ownership,
permission to cross is required.
• Map 195/ Parcel 029 .
• Possibly Map 215, Parcel 20 (research survey plans
to verify).
• Map 215 Parcel 018 may be private; regardless of
ownership, permission needs to be acquired .
...............................................................................................
Segment 6 includes some privately owned land and some publicly owned land. Moving
eastward, this segment begins by crossing a privately owned parcel before entering into
publicly owned conservation lands again. A small clearing beneath the powerlines off
Oak Street provides room for 3-5 cars; however, because this property is privately owned
and permission is required to park. This private parcel represents another important
missing link in the proposed trail system. Pathways Committee members should begin
the process of contacting owners of these parcels to attain the right to pass through.
Barnstable Cape Cod Pathways
Trail Plan 15
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Once east of the private parcel, the proposed trail continues through several publicly
owned parcels in the following order:
• State-owned parce1 1 (Map 215, parcel 017).
• Town conservation land (Map 215, parcel 018).
• State-owned parcel (DEM) (Map 215, Parcel 019). Note also that the
proposed trail passes near the boundary of Private Parcel Map 215, Parcel
20. Survey plans should be researched to determine whether or not the
existing trail crosses into private land. If so, either permission to pass
must be attained or the trail should be moved slightly west in order to be
completely on public land.
• Town owned parcel (YMCA and Cape Cod Conservatory) (Map 215,
Parcel 023).
Trailheads on the YMCA property are difficult to find and in general, this entire segment
6 would benefit greatly from the placement of trail markers and maintenance. The trail
exits near the basketball courts, near Route 132.
From Route 132 to the eastern Town boundary, two major options were explored for the
remaining trail segments:
1. Northern Option.
2. Southern Option.
The northern option continues moving eastward on the north side of Route 6. The
southern option crosses Route 6 at the Exit 6 interchange and would then continue
eastward on the south side of the highway. After exploring both options, it was
determined that the northern route is by far the more feasible and interesting option and is
recommended as the Preferred Pathways Route for the following reasons:
• Greater visual attractiveness.
• Greater cultural interest.
• Easier and more comfortable walking conditions.
• Accessibility to Barnstable Village shops and Route 6A.
• More level topography.
• Greater accessibility to publicly owned lands.
The major drawback to the northern route is the-necessary use of public roads and
sidewalks in some places, where there is an absence of conservation land walking trails.
Although there are two crossings of Route 6 required with the northern trail option, they
1 There is some discrepancy regarding ownership in Barnstable town records. GIS maps indicate that this
parcel is state owned while online Assessors maps indicate it is privately owned. Research should be
conducted to verify current ownership. Pennission to cross will need to be acquired regardless of
ownership.
Barnstable Cape Cod Pathways
Trail Plan 16
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are both at underpasses, where the risks to walkers are relatively low. These occur at
Phin,ney' s Lane and at Mary Dunn Road and are discussed further later in this report.
However, the southern trail option has more severe drawbacks that make it less desirable
including:
• Large number of privately owned parcels that would require negotiation;
• Proximity to noisy and hazardous highway and the need to cross Route 6
at the Exit 6 interchange.
• Walking environment is unattractive, especially beneath powerlines and
through industrial areas.
• Exposed conditions of trail, especially beneath powerlines.
• Presence of private land uses including residential uses, golf course, and
industrial uses, all of which pose a potential conflict with a public walking
trail.
Because of these substantial drawbacks, the feasibility and attractiveness of the southern
option is severely limited and this option is not recommended for further exploration at
this time. Except for the last segment, the remaining segments of the preferred trail route
are north of Route 6. ·
Segment 7 Cape Cod Community College from Route 132 to
Eastern Boundary
Distance: 0.4 miles (Alternative 1) •
0. 7 miles (Alternative 2)
Ownership: Public
Major Natural Features: NIA
Major Cultural Features
and Public Use Areas: Cape Cod Community College
Parking Areas: Yes. Several large parking lots on campus perimeter.
Comfort facilities: Yes. Bathrooms and food.
Barnstable Cape Cod Pathways
Trail Plan
• Hikers can use public bathrooms inside college
buildings; or
• Hikers may walk up Route 132 to the Burger
King/Bus Stop comfort station.
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Recommendations:
Private Parcels on
Segment 7:
• Provide trail markers.
• Perform trail maintenance and blazing as needed on
some sections of the trail. If permission to cross
private property on Segment 8 cannot be attained,,
a good alternative is to blaze trails as needed
through the woods on College property and to
access adjacent public land via the tiny existing
panhandle connection. •
• Advertise pathways project to students.
None .
...............................................................................................
There are two alternatives for Segment 7. Both alternative begin at Route 132 and follow
the "Field Trail" which runs eastward to the playing fields. From behind the baseball
field backstop, the trail continues into the woods, though it is somewhat difficult to find.
Alternative 1 follows existing trails and ends at the property boundary with private
property. If this alternative is chosen, it will be necessary to acquire permission from the
owners to traverse their property ( discussed below, Segment 8). If acquiring the
necessary permission becomes problematic, a Alternative 2 might be a better choice.
Alternative 2 includes blazing a new trail through the woods on College property south of
these privately-owned parcels that ends at the property boundary with publicly owned
land. Alternative 2 is longer and would require labor but could probably be achieved in
shorter order.
Segment 8 Cape Cod Community College eastern boundary to Old
Jail Lane
Distance: 1.8 miles (ifusing Segment 7 Alternative 1)
1.3 miles (if using Segment 7 Alternative 2)
Ownership: Private and Public.
Major Natural Features:
• Dense secondary successional forest dominated by
hardwoods.
• Interesting topography and geology.
Major Cultural Features
and Public Use Areas: Old Jail Lane Conservation Area.
Barnstable Cape Cod Pathways
Trail Plan 18
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Parking Areas:
Comfort facilities:
Recommendations:
Private Parcels on
Segment 8:
Barnstable Cape Cod Pathways
Trail Plan
Yes.
1.
2.
No.
•
•
•
•
•
•
•
•
•
•
•
Pine Lane entrance to Old Jail Lane Conservation
Area (2-4 cars).
Alternative parking is possible on the land bank
parcel immediately west of the Conservation Area,
accessed from Route 6A.
Acquire permission to traverse all private parcels
listed below.
There are four privately owned parcels abutting the
existing trail, through which the trail may pass.
Survey plans should be researched to determine
whether or not the existing trail crosses into private
land. If so, either permission to pass must be
attained or the trail should be moved slightly north
in order to be completely qn public land.
Old Jail Lane Conservation Area needs additional
-parking.·
Moving eastward from the eastern boundary of the
OJLCA, the northern trail option is the Preferred
Trail route and the southern option is not
recommended for further investigation at this time.·
Map 236, Parcel 006-001 .
Map 236, Parcel 014 .
Map 237, Parcel 039 .
Map 236, parcel 008. This property is classified as
a Chapter 61A property and has a conservation
restriction (CR) on it (Cape Cod Commission fax)
from Martha Hevenor to Darcy Karle, dated
12/20/02). However further research should be
done to determine the terms of the CR and whether
or not public trail use is allowed.
Map 235/Parcel 013 (research survey plan to check
trail location).
Map 237/Parcel 30 (research survey plan to check
trail location).
Map 236/Parcel 013 (research survey plan to check
trail location).
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• Map 256/Parcel 004 (research survey plan to check
trail location) .
...............................................................................................
If Segment 7 Alternative 1 is chosen, then Segment 8 will pass through several privately
owned parcels before reaching public land again. These parcels are: •
• Map 236, Parcel 006-001.
• Map 236, Parcel 014.
• Map 237, Parcel 039.
• Map 236, parcel 008. This property is classified as
a Chapter 61A property and has a conservation
restriction (CR) on it (Cape Cod Commission fax)
from Martha Hevenor to Darcy Karle, dated
12/20/02). However further research should be
done to determine the terms of the CR and whether
or not public trail use is allowed.
If Segment 7 Alternative 2 is chosen, then a new trail will be blazed entirely on College
property that would bypass these privately owned parcels altogether. This new trail
would meet up with Segment 8 east of the privately owned parcels. At this point, there
are several town-owned conservation parcels forming a chain that stretches eastward to
the Old Jail Lane Conservation Area.
• Map 236, Parcel 009, Town of Barnstable
(Conservation Commission), leads to a crossing at
Old Neck Lane (unimproved road);
• Map 236, parcel 010, Town of Barnstable
(Conservation Commission);
• Map 256, Parcel 006, Town of Barnstable
(Conservation Commission);
• Map 256, Parcel 010, Town of Barnstable
(Conservation Commission); and
• Map 257, Parcel 015, Town of Barnstable
Conservation Commission.
There are four privately owned parcels abutting the existing trail, through which the trail
may pass. Survey plans should be researched to determine whether or not the existing
trail crosses into private land. If so, either permission to pass must be attained or the trail
should be moved slightly north in order to be completely on public land. These parcels
are:
Barnstable Cape Cod Pathways
Trail Plan
• Map 235/Pacel 013;
• Map 237/Parcel 030;
• Map 236/Parcel 013; and
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• Map 256/Parcel 004.
Old Jail Lane Conservation Area
The 180-acre Old Jail Lane Conservation Area (OJLCA) is part of the terminal glacial
moraine, Cape Cod's geological spine. Significant topographic relief makes this a
challenging spot for hiking. Trails are marked and include information kiosks at
trailheads. Hiking, horses and mountain bikes are allowed. Hunting is permitted subject
to current rules and regulations. A trailhead parking area exists at the property's
intersection with Old Jail Lane. Alternative parking is possible on the land bank parcel
immediately west of the Conservation Area, accessed from Route 6A to the north. An
optional spur trail (Segment 8A) could access Route 6A and Scudder Lane to provide
hikers access to the Town landing on Barnstable Harbor.
Segment 8A
(Optional Spur)
Distance:
Ownership:
Major Natural Features:
Major Cultural Features
Scudder Lane Spur Trail
1.4 miles (including retracing steps to return to OJLCA).
Public
• Barnstable Harbor town landing.
• Hinckley's Pond.
and Public Use Areas: Barnstable Harbor.
Parking Areas: Yes.
Comfort facilities:
Recommendations:
Private Parcels on
Segment2A:
1. Town landing on Scudder Lane.
No.
Provide crosswalk at intersection of land bank parcel and
Route 6A to get hiker north.
None.
...............................................................................................
This optional spur trail will afford hikers another opportunity to access Route 6A and
Barnstable Harbor. Sidewalks exist along the north side of Route 6A between the land
bank parcel and Scudder Lane. Scudder Lane itself is publicly owned and has relatively
Barnstable Cape Cod Pathways
Trail Plan 21
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little traffic. Hikers may retrace their steps to get back to the Old Jail Lane Conservation
Area.
From the eastern boundary of the Old Jail Lane Conservation Area on Old Jail Lane, two
trail options were explored:
1. Northern route into Barnstable Village and along Route 6A.
2. Eastern Route along secondary roads and subdivision streets.
Both options end up on Mary Dunn Road, where they move beneath the highway to meet
up with State owned land for the final segment. However, after investigating both
options, it became evident that the northern route is more feasible and attractive for
several reasons including:
• Route 6A is attractive and has sidewalks for much of its length.
• Barnstable Village is a desirable destination for hikers.
• Provides greater opportunity to access spur trails that lead to Barnstable
Harbor.
Option 2, the eastern route, was undesirable for several reasons including:
• Potential for conflicts with private property owners on subdivision streets,
which are rather narrow.
• Large number of privately owned parcels, which would require permission
to cross.
• More dangerous roads.
For these reasons, the northern trail options is the Preferred Trail route and the southern
option is not recommended for further investigation at this time.
In addition, a spur trail extending south into the Hathaway Ponds Conservation Area was
explored and included in the proposed trail plan. This is discussed below as segment 9A.
Segment 9 Pine Lane from Old Jail Lane to Route 6A to Mary Dunn Road
Distance:
Ownership:
3.3 miles.
Public.
Major Natural Features: Potential access to Barnstable Harbor.
Major Cultural Features
and Public Use Areas:
Barnstable Cape Cod Pathways
Trail Plan 22
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Parking Areas:
• Railroad crossing.
• Homes close to road.
• Easy access to Route 6A and Barnstable Village.
• Potential access to Barnstable Harbor.
Yes.
1. Old Jail Lane Conservation Area off Pine Lane (3-5
cars).
2. Barnstable Village along Route 6A and in County
Courthouse/registry of Deeds parking lots.
Comfort facilities: Yes.
Recommendations:
Private Parcels on
Segment 9:
1. County Courthouse/registry of Deeds bathrooms
and snack machines
2. Restaurants in Barnstable Village.
Consider Map 278, Parcel 048 for possible acquisition·of
conservation easement.
None
...............................................................................................
The southern end of Pine Lane is an unimproved road running adjacent to Map 278,
Parcel 048 before reaching the improved section ofroadway. Although not necessary for
use of the Pine Lane segment, tliis parcel is should be considered for possible acquisition
or conservation easement as it is ideally situated abutting fire district land and the Old
Jail Lane Conservation Area. The improved section of Pine-Lane is a narrow, rural road
with single-family homes on both sides. There is a railroad crossing. Walking is
expected to be relatively safe due to the limited amount of traffic on this road. From
Route 6A, hikers could use sidewalks to access cultural attractions such the Barnstable
County Courthouse and village commercial areas.
Segment9A
(Optional Spur Trail)
Distance:
Ownership:
Barnstable Cape Cod Pathways
Trail Plan
Hathaway's Pond Conservation Area Spur Trail
3.6 miles.
Public
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Major Natural Features:
Major Cultural Features
and Public Use Areas:
Parking Areas:
Comfort facilities:
Recommendations:
Private Parcels on
Segment 9A:
• Hathaway's Ponds Conservation Area
• Hathaways Pond Conservation Area including
picnic/grilling areas, public beach and swings.
Yes.
I.
No.
Hathaway's Ponds Conservation Area off Phinney' s
Lane (30-50 cars).
Install sidewalks along Phinney's Lane between Old Jail
Lane and Hathaway's Ponds Conservation Area entrance.
None .
...............................................................................................
To access the nearby Hathaway's Ponds Conservation Area (HPCA), hikers could walk
south from the main Pathways spine along Old Jail Lane (passing through the Fire
District land), hook up with Phlnney's Lane, cross beneath the highway and walk to the
Conservation Area entrance. It is recommended that sidewalks be installed along
Phinney's Lane between Old Jail Lane and Hathaway's Ponds Conservation Area
entrance. The 94-acre HPCA is characterized by hilly terrain typical of the Sandwich
glacial moraine deposits. An interpretive trail highlights the site's geological history and
loops around the pond, providing some magnificent views. Hiking, mountain biking,
fishing, picnicking and swimming are allowed. Hunting is also permitted subject to
current rules and regulations. A kiosk at the trailhead provides additional information. A
large parking area can be accessed off of Phinney's Lane.
Segment 9B Mill Way and Commerce Road Loop Trail
(Optional Loop)
Distance: 1.5 miles.
Ownership: Public
Major Natural Features: Barnstable Harbor and marshes
Barnstable Cape Cod Pathways
Trail Plan 24
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Major Cultural Features
and Public Use Areas:
Parking Areas:
Comfort facilities:
Recommendations:
Private Parcels on
Segments 9A & B:
Also look at:
• Attractive homes close to road.
• Easy access to Route 6A and Barnstable Village.
• Barnstable Harbor.
• Cobb's Hill West Cemetery.
Yes.
1. Mill Way Marina and beach.
2. Barnstable Village along Route 6A and in County
Courthouse/Registry of Deeds parking lots.
No.
Identify potential conflicts with homeowners in area before
designating roads as part of Pathways; be judicious with
placement of trail markers.
• Map 333/Parcel 012 (Water Co.).
• Map 316/Parcel 004 (County).
• Map 315/ Parcel 017 (County).
• Map 317/Parcel 035 (County) .
...............................................................................................
Mill Way and Commerce Road (Segment 9B) provide a nice loop trail to the Marina,
restaurants and beach on Barnstable Harbor. Sidewalks exist the length of Mill Way and
walking is generally safe. Hikers will have access to several cultural attractions including
Cobb's Hill West cemetery, attractive two-story Cape homes, restaurants and beaches.
Views to the harbor and marsh are wonderful.
Moving south from this loop, the proposed trail passes through the Barnstable County
Farm property, which is protected by a conservation restriction, and then through another
county-owned parcel. Permission to place the trail here needs to be attained from the
County. After this the trail moves through parcel currently owned by a private water
company to reach Mary Dunn Road. Permission to cross this parcel is also required.
Once on Mary Dunn Road, hikers will travel south beneath the highway overpass and
pick up Segment 10, the State Division of Fisheries and Wildlife Land for the final
segment.
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Trail Plan 25
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Segment 10 State Division of Fisheries and Wildlife Land
Distance: 1.2 miles.
Ownership: Public
Major Natural Features: Dense pitch pine oak woodland.
Major Cultural Features
and Public Use Areas: DFW land.
Parking Areas: Yes.
1. Small parking area on road shoulder off Mary Dunn
Road (2-4 cars).
Comfort facilities: Yes.
Recommendations:
• Install sidewalks along Mary Dunn Road between
Route 6A and DFW land.
Private Parcels
on Segment 10:
• Post hunting regulations.
• Provide trail markers.
None.
...............................................................................................
Segment 10 follows wide dirt tracks that crisscross the state-owned (Division of Fisheries
and Wildlife) land. The terrain is relatively hilly and exposed to the elements.
Vegetation is primarily stunted pitch pine -oak woodland. Hunting is allowed and poses
a potential hazard to hikers. The most direct route through the DFW land has been
included as part of the proposed Pathways route; however, practically speaking, hikers
can use any of the trails. This final segment of the Preferred pathways route exits just
south of Route 6 in Yarmouth, near the Exit 7 interchange.
6.0 IMPLEMEN'rATION STRATEGY
6.1 Endorsement of the Trail Plan and Appointment of Pathways Committee
The first step towards implementing the Barnstable Cape Cod Pathways Trail Plan is to
attain endorsement of the Plan by the Barnstable Town Council. The Trail Plan text and
Barnstable Cape Cod Pathways
Trail Plan 26
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accompanying map(s) should be presented to the Barnstable Town Council at a publicly
advertised meeting. After receiving endorsement, either at that meeting or at a
subsequent meeting, an Ad Hoc Pathways Committee should be appointed and charged
with carrying out implementation activities. A proposed Committee Charge is included
as Appendix 1. Appendix 2 includes a proposed makeup of that Committee and a
suggested Staff Advisory Group. If possible, prior to the first meeting, the names of
interested Pathways Committee candidates should be gathered so that this Committee can
be present and appointed expeditiously.
6.2 Contacting Landowners
The second, and perhaps most labor-intensive, implementation task involves contacting
private landowners to seek permission to use part or all of their land for pathways
purposes. Success in this regard requires persistence and a fair degree of tactful
communication, as well as knowledge of the various legal tools that can be used to secure
permission. It is suggested that first contact be made by letter and followed up by phone.
In order to assist Committee members in these efforts, Appendix 3 includes a Template
for a Letter to Private Landowners, and Appendix 4 includes a Basic Script for
Contacting Landowners by Phone. Legal land protection tools are briefly described in
Section 6.3, below. Barnstable Town Counsel should draft all legal documents and
preside over all transactions conducted with landowners.
6.3 Description of Legal Land Protection Tools
Following is a list oflegal land protection tools that may be employed when seeking
permission to cross over privately owned land. These are also included as part of
Appendix 1, Proposed Pathways Committee Charge. An attorney should be consulted for
more detailed information.
Easements, Restrictions. and Other Options
• Conservation· easements/restrictions ( deed restrictions to be held in
perpetuity with the land; tailored to meet owners needs and trail
requirements; donated or for fee; provides grantor with substantial tax
benefits).
• License (a revocable written agreement between the landowner and the
licensee/conservation organization; see attached example.
• Leases (a simple written agreement between the landowner and the
licensee/conservation organization; allows unrestricted and exclusive use
of land for a number of years; landowner can seek indemnification from
liability ifland is for public use; no charitable deductions).
• Access covenants (a simple written agreement between the landowner and
the licensee/conservation organization; for limited use and time period).
• Management agreement (a simple written agreement between the
landowner and the licensee/conservation organization requiring landowner
Barnstable Cape Cod Pathways
Trail Plan 27
J:\3006 Cape Cod Pathways 1Repons\Ba.rnsmbk Cape-Cod Pathways Rep01t current.doc
Horsley & Witten Inc.
April 17, 2003
to manage property in a specific way for a given time; good for
landowners who are already managing their land for conservation
purposes; designed to suit both parties).
• Verbal agreement (not binding but may be a trial option necessary with
some owners who are not ready for more formal agreement).
Donations and Sales
• Outright gift of land (the owner may be interested in donating land to the
grantee and receiving federal income, estate and property tax benefits.
This has benefits to the town as well as to Pathways).
• Bargain sale (part donation and part sale; may entail seller to income tax
charitable contribution, and estate and property tax deductions).
• Fair market value sale (requires an appraisal). •
6.4 Management of Dedicated Trail Sections
Any trail segments that are determined to be publicly accessible and are endorsed by all
parties, should be dedicated to the Cape Cod Pathways network. Segments of the trail
that have been dedicated can be included on an official Pathways Trail Guide and/or any
other public documents the Committee wishes to produce. These dedicated segments
should also be posted with official Cape Cod Pathways signs (contact Cape Cod
Commission for information) and should be maintained as needed. Some segments of the
proposed trail can be immediately dedicated, namely those sections within existing
publicly owned Conservation Areas, and should be posted and maintained. As
permission is acquired to pass through privately owned parcels, these areas can be
similarly managed.
7.0 CONCLUSION
The Barnstable Cape Cod Pathways Trail Plan is the most feasible route for establishing a
contiguous publicly accessible walking trail through the Town of Barnstable. The
proposed route reflects existing land ownership patterns, trail locations, and Cape Cod
Pathways Project goals and objectives, outlined in Section 3.0 of this report.
As implementation efforts evolve, the proposed trail route may change in response.
However, most segments already exist within public conservation areas and are expected
to remain in their current locations. If the future acquisition of additional conservation
land makes it possible to reroute the trail in ways that improve safety and overall
attractiveness, this is desirable. The proposed Pathways Committee should remain
flexible in its approach to the evolution of the trail network.
Barnstable Cape Cod Pathways
Trail Plan 28
J:\30(16 Cape Cod Pa thw·ays \Repons",Barru;cable Cape Cod Pa:ihways Rcpo1t cun-ent .doc
Horsley & Witten Inc.
April 17, 2003
. .
. APPENDIX .1
APPENDIX 1:· PROPOSED BARNSTABLE AD HOC CAPE COD PATHWAYS
COMMITTEE CHARGE
Pro posed Barnstable Ad Hoc Ca pe Cod Pathway s Committee Charge
The ad hoc Town of Barnstable Cape Cod Pathways Committee is charged with
implementing the proposed Cape Cod Pathways walking trail link through Barnstable as
part of a regional network of contiguous walking trails. The proposed route is outlined in
a 2003 report prepared by Horsley & Witten Inc. in cooperation with the town. The
Committee's responsibilities shall entail the following:
1. Contacting owners of private land on or abutting the proposed route(s) and seeking
permission to walk across or adjacent to their land solely for the purpose of
recreational hiking. Options to be pursued include the following, in order of priority:
Easements . restrictions . and other options
• Conservation easements/restrictions ( deed restrictions to be held in perpetuity
with the land; tailored to meet owners needs and trail requirements; donated or for
fee; provides granter with substantial tax benefits).
• License (a revocable written agreement between the landowner and the • •
licensee/conservation organization; see attached example.
• Leases (a simple written agreement between the landowner and the
licensee/conservation organization; allows unrestricted and exclusive use ofland
for a number of years; landowner can seek indemnification from liability if land is
for public use; no charitable deductions).
• Access covenants (a simple written agreement between the landowner and the
licensee/conservation organization; for limited use and time period).
• Management agreement (a simple written agreement between the landowner and
the licensee/conservation organization requiring landowner to manage property in
a specific way for a given time; good for landowners who are already managing
their land for conservation purposes; designed to suit both parties).
• Verbal agreement (not binding but may be a trial option necessary with some
owners who are not ready for more formal agreement).
Donations and Sales
• Outright gift of land (the owner may be interested in donating land to the grantee
and receiving federal income, estate and property tax benefits. This has benefits
to the town as well as to Pathways).
• Bargain sale (part donation and part sale; may entail seller to income tax
charitable contribution, and estate and property tax deductions).
• Fair market value sale (requires an appraisal).
2. Establishing access agreements with assistance, as necessary, from local conservation
groups such as the Barnstable Land Trust and the Barnstable Conservation
Commission. Which groups are involved will depend largely on the owners' wishes
and the method of permission granted.
3. Altering the proposed trail route as negotiations evolve and as necessary or as
potential routes are altered by new development.
4. Identifying areas in need of trail maintenance and performing necessary tasks with
assistance from appropriate groups and individuals, including volunteers.
5. Posting trail markers on dedicated Pathways land. In some instances, on publicly
owned lands, this will require working with the state and/or town.
6. Regularly coordinating with the Barnstable Conservation Commission, Barnstable
Town Council, Barnstable Planning Board, the Cape Cod Commission Cape Cod
Pathways Coordinator (and other partners, if applicable) on progress to date.
Assistance with legal transactions and negotiations on specific properties is available
from Horsley & Witten and/or other organizations and individuals on a fee -basis, as
requested.
APPENDIX2
APPENDIX 2: PROPOSED MAKEUP OF PATHWAYS COMMITTEE AND
STAFF ADVISORY GROUP
Pro p osed Makeu p of Barnstable Ad Hoc Ca pe Cod Pathways Committee
Group
Citizens
Conservation Land
Management Subcommittee
Recreation Committee
Open Space Committee
Total
Number of Representatives
4
1
1
1
7
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
Pro posed Makeu p of Pathwa ys Committee Staff Advisor y Grou p
Group
Conservation Department
Recreation Department
Planning Department
Assessors Department
Total
Number of Representatives
1
1
1
I
4
APPENDIX3
APPENDIX 3: TEMPLATE FOR LETTER TO PRIVATE LANDOWNERS
[DATE]
[LAND OWNER'S ADDRESS]
Dear [LANDOWNER'S NAME],
We are writing to inquire about the possibility of using a small portion of your property at
[LANDOWNER'S ADDRESS AND PARCEL NUMBER] as part of the Cape Cod
Pathways walking trail network. Cape Cod Pathways is a growing network of walking
trails linking open space in all 15 Cape Cod towns from Falmouth to Provincetown. In
November 1993, the Barnstable County Commissioners conceived the Cape Cod
Pathways project as a way to:
• Enable residents and visitors to enjoy and learn about the natural,
recreational, historical and cultural values of Cape Cod.
• Enhance access for walkers and hikers to the Cape's woodlands, ponds,
beaches and historical villages.
• Foster the preservation of open space in order to protect scenic views,
wildlife habitat and sensitive natural areas.
• Serve as a regional amenity, attracting visitors to Cape Cod during all
seasons of the year.
Numerous individuals and organizations across Cape Cod have been involved in this
effort through the years including the Association for the Preservation of Cape Cod, Cape
Cod Commission, The Compact of Cape Cod Conservation Trusts, the National Park
Service and The Conservation Fund, as well as trail advocates and local town
committees.
During the last decade, all 15 Cape Cod towns have endorsed the Cape Cod Pathways
project and have been, or are actively working on, planning efforts. Recently, the Town
of Barnstable received a grant from the County to continue planning efforts. We have
used that money to retain the services of Horsley & Witten Inc., an environmental
services firm in Sandwich, to research and map the most feasible walking trail route
through town. During the past several months, we have worked closely with Horsley &
Witten to prepare the Trail Plan. The plan attempts to move on an east-west axis through
town using existing trails and roadways wherever possible.
The route we are proposing crosses over a potion of your property and we would like
your permission to do so. You may grant permission in one of several ways and,
depending upon what you choose, this may provide valuable income tax deductions to
you. You do not need to give up any control of your property. You may enter into or
leave agreements as you wish. You can determine how this will work best for you. You
would merely be allowing an occasional hiker to walk through your land. There would
be no other uses allowed and no gathering or loitering allowed.
The following options have been used by landowners in other towns to provide such
permission:
Easements, restrictions, and other options
• Conservation ec:\.Sements/restrictions (deed restrictions to be held in perpetuity
with the land; tailored to meet owners needs and trail requirements; donated or for
fee; provides grantor with substantial tax benefits).
• License (a revocable written agreement between the landowner and the
licensee/conservation organization; see attached example.
• Leases (a simple written agreement between the landowner and the
licensee/conservation organization; allows unrestricted and exclusive use of land
for a number of years; landowner can seek indemnification from liability ifland is
for public use; no charitable deductions).
• Access covenants (a simple written agreement between the landowner and the
licensee/conservation organization; for limited use and time period).
• Management agreement (a simple written agreement between the landowner and
the licensee/conservation organization requiring landowner to manage property in
a specific way for a given time; good for landowners who are already managing
their land for conservation purposes; designed to suit both parties).
• Verbal agreement (not binding but may be a trial option necessary with some
owners who are not ready for more formal agreement).
Donations and Sales
• Outright gift of land ( the owner may be interested in donating land to the grantee
and receiving federal income, estate and property tax benefits. This has benefits
for the town as well as to Pathways).
• Bargain sale (part donation and part sale; may entail seller to income tax
charitable contribution, and estate and property tax deductions).
• Fair market value sale (requires an appraisal).
Many people are curious about liability. Therefore, we have included a copy ofM.G.L.
Chapter 21, Section 17 c, which explains the issue of landowner liability for public use of
your land. The "Recreational Use Statute" states that as long as the landowner is not
charging the public for use of their land and is not grossly negligent, they are not held
liable for any injuries that may occur.
The successful establishment of a Pathways route through Barnstable will bring
numerous environmental, recreational and economic benefits to the Town. This has been
borne out in other Cape Cod towns, including Mashpee, Falmouth, Yarmouth, Dennis,
Brewster and Orleans, and in regions of the country where such trail systems are well
established. We hope you will decide to play a role in making this important recreational
amenity a reality.
Please contact us with any questions you have. We will follow up this letter within a few
weeks with a phone call to discuss the project further. Thank you for your time and
consideration.
Sincerely,
[NAME OF SIGNATORY]
Attachments: M.G.L. 21, Section l 7C
cc: [Names of Appropriate Copy Recipients]
.. · . •, .
APPENDIX4
APPENDIX 4: SCRIPT FOR CONTACTING LANDOWNERS BY PHONE
Basic Script For Contacting Landowners by Phone
Hello, my name is (Committee Member Name) and I'm working on the Cape Cod
Pathways walking trail project. We are trying to create a continuous walking trail across
Barnstable to link up with neighboring towns. The idea was conceived by the County
Commissioners in 1993 and has the support of the Selectmen/Town Council Members in
every town.
The route we're now considering:
1) Is located along (name of road) and by your property; OR
2) Would include a portion of your property.
We sent you a letter a few weeks ago regarding our desire to receive permission from
people like yourself to allow walkers to travel across/next to your land ( or the private
road in front of your house. For many people, this will be the situation. Using a private
road requires permission from landowners who technically own it).
Did you receive this letter?
Is this something you would consider?
Hypothetical Conversation
Question: What do I have to do?
Well, there are a number of ways you could grant us permission. All of them would
simply allow walkers to walk across your land and keep moving. No other uses would be
allowed. A simple license or covenant on the land would do the trick. No cost to you
and possibly even a tax savings depending on the method of permission you choose.
Question: What methods are there?
Use information provided to you concerning methods.
Question: Can I think about it?
Sure. You can reach me at (phone number). Thanks, I appreciate your time. Would it be
okay if I followed up with another phone call in a month or so to see where you're at in
your thought process?
Question: How does it benefit me?
Conservation and recreation land use, amenity for them, possible tax benefits if they go
with a deed restriction or a donation of some sort, doing a good thing for the public, etc.
Question: Can you send me information?
Sure. What's your address? Send them:
• "Connecting the Cape", a publication of the Cape Cod Pathways Project
( contact Cape Cod Commission for copies)
• Cape Cod Pathways information sheets
• Conservation Area interpretive trail guides
• Map (8.5"xl 1 ") of the proposed route
Call back within the month and try to set up a meeting on their property. Show them a
map of the proposed trail and try to assure them it is benign, they won't be liable (show
M.G .L. Chapter 21, Section 17c) and examples of agreement forms. At this stage, if they
are interested in tax benefits, it may be wise to have them call The Compact of Cape Cod
Conservation Trusts or the Barnstable Land Trust, both of whom are expert in these
matters.
APPEND_IXS
,. • • J ..., .. •
LICENSING AGREEMENT
FOR USE OF FOOT TRAIL
WITNESSETH, that --,.---,--,,----,,,--.....,,_' an owner of land
in the State of Vermont, hereinafter referred to as Licensor,
for the purpose of assuring the preservation of the Appalachian
Trail for public use, desires to cooperate with The Green Mountain
Club, Inc., hereinafter referred to as Licensee, in providing a
route for said Trail.
THEREFORE, in consideration of the mutual promises contained
in this agreement, the Licensor hereby agrees to allow th~ public
the right to use the segment o~ Tr~il described on the attached
map. The right-of-way of the Trail shall be deemed to have a
widt:h of two-hundred (200)· feet, extending one-hundred (100) feet
on each side of the centerline of the Trail.
The Licensee agrees to:
1. Assume responsibility for maintaining the Trail right-
of~way so that the public may use the trail as a foot
trail and for placing and maintaining trail markers and
signs on the premises granted;
2. Recognize the right of the Licensor to cross or use the
g't'anted premises as a means of ingress to, or egress
from, Licensor's adjoining lands or timber rights, in-
cluding the use of motorized vehicles for such purpose;
3. Discourage the use ; except by Licensor, of motorized
vehicles on or about the right-of-way or appurtenant
scenic areas, and to authorize use of motorized vehicles
by employees of the Licensee on the premises granted
only for special construction or maintenance work and
emergencies n~cessitating such use;
.4. Discourage littering and other spoilage to, or encroach-
ment upon, t _he natural features on t~e granted premises;
. '
5. Secure the prior written consent of the Licensor for the
construction of any structure along the right-of-way by
the Licensee, and for the cutting of trees thereon,
other than for: normal maintenance purposes; •
6. .Indemnify the Licensor against any loss incurred by
reason of liability for injury to the body or damage to
the property of any person who uses the granted premises
for hiking ~nd related purposes; •
I•
./
7. Encourage use of the right-of-way for foot travel.only;
and,
8. Terminate the Licensee's interest in the premises granted
if the Trail is relocated off the granted premises, and
to provide· a written relea~e of such interest to the
Licensee in such event.
The Licensor agrees to:
l. Secure the consent of the Licensee prior to cutting
any trees within the premises granted;
2. Refrain from the placement or construction of structuies
and the undertaking of any other alterations to the
premises granted or its surroundings which impair the
quality of the natural env·ironrnent; and,. • •
3. Bind itself and its successors and assigns to the terms
and conditions of this agreement.
This agreement shall be effective for a period of five (5)
years from the da~e of execution~
IN ·WITNESS WHEREOF, the parties have executed this agreement
in duplicate at ----'--=~-----' Vermont, this _____ day of ___________ , 19_
• I
LICENSOR
By:
Its duly authorized agent
7'HE GREEN MOUNTAIN CLUB, INC.
LICENSEE
By:
Its du~y authorized agent
, .
~-Wh~r~as, Landowner agrees to make
pubf~9 the said land f~r a per\od of
.\ ... . . ·:,
.;.vii_ I ab I !S t O • the
·years;
Now therefore, landowner hereby grants •. estabtlshes, and
declares to the State of New Jersey an ea~ement for public
Ingress and eg~ess on or over those areas as designated on
the Approved Application for Financial ·Ass\stance. •
·.-··riiis · Access .. ·coven1i"nt
the publJc to_ any other
as de~cribed herein~
to
than
is not · 1ntended :-t·o ·grant anY· rlghfs~
p o r t I o n s o f t h e •. P r e·m I s 1s s • o t he r
,,.
It is the purpose of this Access Cov,,nant that
granted :here I n r ema In in effect for a per i o d of
and sh a I I •. ti ·e b i n d i n g u r> on and sh a I I I nu re to t he
Acceis .. ·,
years
benefit ~f
the landowner and Its successors or assfg~s. -. -:., ::•, ..
... ;,.,.·-:-...
·::,··with thl.s Access Covenant the La.ndowner agrees
b·y an :r~l_es and regulations of the Department of
Env{i~n~ental Prote~tlon n malntainini a~d fuanaglng
Premises.-
-•• I ••• • • • •
•1 • --.......... -:. .' .. -~:.:--:. · .. ~ . ·,'
......... . ·. . . ·--
to abide
the
. : .
·:-..
.. . : -
The Landowner signs this Access Covenant on ·the first .
date above. If the Landowner is a corporation this Deed is
signed by its corporate officers and its corporate sear is
affixed.
Signed, sealed and deliver in
the presence of or attested by:
Witness:
Landowner
Landowner
SIGNED, SEALED ANO DELIVERED IN
THE PRESENCE OF OR ATTESTED BY:
STATE OF NEW JERSEY,
GRANTEE
WITNESS
• 1
,
I
BY:_· __________ _
NEW "JERSEY -
OEPARTMENT OF
ENVIRONMENTAL
PROTECTION
FLORIDA TRAIL ASSOCIATION
P.O. Box 13708 Gainesville, Florida 32604 .
(90-U 378-8823
Dear Florida Landowner:
The Florida Trail Association, a Non-profit, private organiza-
tion, was formed in 1966 for the purpose of establishing a hiking
footpath from Everglades National Park to the Alabama State ·line.
The objectives were to provide ·a long-distance trail with seg-
ments conveniently located for all population -centers, and to
permit people to see, appreciate, and understand Florida's
beautiful, varied, productive, ·and delicate natural areas.
The trail idea caught on and volun·teers were soon clearing and
developing trail, mainly on public lands, both state and federal,
and on large private tracts through cooperation of landowners
who realize the value of such a trail. This combination of vol-
unteer trai.l builders and cooperative landowners has resulted in
the establishment of almost 1,000 miles of trail in Florida, in-
cluding one segment of 450 miles of con·t1n1:1ous footpath.
We are presenting the attached information to you in the hope
that you will consider granting the Association access through
your property for continuing the development of this footpath.
Naturally, you will have concerns and questions. Further, you
may feil that some benefit other than just ~he personal or ~or-
porate satisfaction, should accrue to you. The information pro-
vided is to enable you to make a choice of possible arrangements,
provide your legal counsel with pertinent State Statutes, and to
provide a basis for personal discussion with Association repre-
sentatives.
Basically, ·the various ways by which you can contribute to the
continuity of the Florida Trail include the _following possibili-
ties:
. Grant access to the public without liability (Fla. Statutes
Sec. 375.251) with property tax advantages while maintaining
present land use (Sec. 193.501);
. Allow only association members access, with a liability waiver
agreement, and possible income tax deductions if land use is
not continued on the trail, or costs are incurred in maintain~
i~g the footpath (in cooperation with the association);
. Allow only Association members access, with a liability waiver
agreement, and continue normal land use.
In the case of large landowners or corporations who •might wish to
enter into a long..:term agreement with P.~.A. (for example, a ten
year agreement or .. lease)~ th·e Association will cooperate in any
way possible to assist the landowner in obtaining whatever tax
relief might be applicable under-I .R. s. regulations pertaining to
donations to non-profit corporations.
In all instances, the Association itself does not bind the land-
owner into any .agreement in which he would unwillingly fo~feit
r;:ontrol of ·his property.
We hope you will take part in this project. It is only by this
means that the people of Florida can come to appreciate the
intrinsic value of the land. To walk through Florida, on one
trip or a thousand, to see its lakes and streams, livestock and
farms, forests and tree farms, swamps . and marshes, towns and by-
ways, industries and resources; and, to meet its people, animals
and environment on a personal basis --that is the ideal of the ·
Florida Trail ..
Won't you participate before it is too late?
Sincerely,
Mary Ahne Freyer, President
Florida Trail Association, ·rnc.
• I
•
2
.■ IIW CM<W¥>c+C+ ♦YtnJ
Por the purpose of construction, maintenance and use
of a footpath for biking only, knovn •• the Florida Trail, The
undersigned hereby permits the members of the Florida Trail
Association, Inc., to have the right of entry on the following
lands located in _....,...--~~---:-----County, Florida, until
further notice. Notice to be written and mailed to the Florida
Trail Association, Inc., P. o. Box 13708, Gainesville, Plorida
32604, ninety (90)· daya prior to closing the property.
Landowner's Name, Address:
Description of Property
and any conditions per-
taining:
Thi ■ permission i ■ granted on the expreSBed under-
standing that the undersigned vill not be liable to any member
of the Florida Trail Aaaociatiort, Inc., for damage to persona
or property arising on said property. The undersigned reserves
the right. to revoke the permission granted at any time upon
ninety (90) days written notice (deacribed above).
DATED -tbia day of
/SI
________ , 19 --·
The Florida Trail AB ■ociation, Inc., and it'• members,
by and through the und•r•igned, agree• to abi•de by the term■ and
condition• ••t forth above, and further agree• that any member
of th• Florida Trail As ■ociation, Inc.,; vho ezerci ■ea the right
of entry gpon the above-de ■cribed-property vill hav e aigned and
agreed to the following pledges
• I
... FLORIDA TRAIL ASSOCIM'ION MEMBER'S CODB
I under ■tand that only member ■ may hike the Trail
acros ■ private pr9perty.
When on the trail, I agree tos
Protect vildlife1 Bike only marked route ■, Not carry
t'irearm.11 Leave gatea a ■ found, Da e croaaing■ on
fence ■ vben po ■■ibleJ Where permitted, keep fire •
small, then drench an~ obliterate, carry out all
refuse, Report irregularitie ■ to property owners,
Pick up after tho•• vho have gon e before, Leave
only footprint s .
I underatand that biking the Trail is a privilege and
that I do 10 at my ovn risk. Neither the As1ociation
nor landovner ■ are in any way liable for any injury or
accident I might auatain while hiking the Florida
Trail.
Member'• Signatur e
The Florida Trail Aaaociation, Inc., expre1aly di ■-
claima any right, title or intere ■t in the abov e
deacrib•d land except aa her e in permitt e d.
I
DM'ED tbia
r
day of ________ , 19· ---·
/S/ ._· ----------------=---• r Leader, __________ section
Addre11, Telephone No.
5
EASEMENT FORM
KNOW ALL MEN BY THESE PRESENTS, THAT I /we
being unmarried, and ,husband and wife, of
in the County of and
Commonwealth of Massachusetts, for myself I ourselves, my heirs, executors, administrators
and assigns, in consideration of the sum of Dollar paid by the Town of Brewster,
the receipt of which is hereby acknowledged, do hereby gr~nt unto the said Town of Brewster
and its assigns forever the right to
to carry water away from said highway and over and through mY, / our land above described,
for public convenience and for the proper construction and care of said highway, and to enter
upon my/,our land at any time for the purpose of constructing, repairing and maintaining
said culvert
and an outlet thereof, the proposed location of said culvert
:shdwn on plan drawn by
and entitled
be recorded herewith.
and outlet being as
dated
which is to
And for the consideration aforesaid, I/ we do accept said sum in full payment of said
easement and for myself/ .ourselves and my / our heirs, executors, administrators and assigns
do hereby release the said Town of Brewster and all other persons from all damages that
have arisen or may hereafter arise by reason of
and the
carrying of water away from said highway and over or through any of the land herein before
• APPENDIX .6
APPENDIX 6: TEMPLATE FOR LETTER TO BARNSTABLE TOWN
COUNCIL
[DATE]
Gary Blazis, President
Barnstable Town Council
Town Offices
Barnstable, MA 02631
Dear Mr. Blazis and Members of the Council:
We are writing to seek the Council's endorsement of the Barnstable Cape Cod Pathways
Trail Plan (attached) and the appointment of an Ad Hoc Barnstable Cape Cod Pathways
Committee, charged with implementing the proposed trail. We would like to make a
formal presentation to you at your earliest convenience, during which we can present the
plan for your review and comment and recommend interested volunteers as potential
Committee appointees.
Cape Cod Pathways is a growing network of walking trails linking open space in all 15
Cape Cod towns from Falmouth to Provincetown. In November 1993, the Barnstable
County Commissioners conceived the Cape Cod Pathways project as a way to:
• Enable residents and visitors to enjoy and learn about the natural,
recreational, historical and cultural values of Cape Cod.
• Enhance access for walkers and hikers to the Cape's woodlands, ponds,
beaches and historical villages.
• Foster the preservation of open space in order to protect scenic views,
wildlife habitat and sensitive natural areas.
• Serve as a regional amenity, attracting visitors to Cape Cod during all
seasons of the year.
Numerous individuals and organizations across Cape Cod have been involved in this
effort through the years, including the Association for the Preservation of Cape Cod,
Cape Cod Commission, The Compact of Cape Cod Conservation Trusts, the National
Park Service and The Conservation Fund, as well as trail advocates and local town
committees.
During the last decade, all 15 Cape Cod towns have endorsed the Cape Cod Pathways
project and have been, or are actively working on, planning efforts. Recently the Town
of Barnstable received a grant from the County to continue planning efforts. We have
used that money to retain the services of Horsley & Witten Inc., an environmental
services firm in Sandwich, to research and map the most feasible walking trail route
through town. During the past several months, we have worked closely with Horsley &
Witten to prepare the attached Trail Plan.
Within this report, you will find a description of the proposed trail route as well as a
proposed charge for the Ad/Hoc Barnstable Cape Cod Pathways Committee, a script
which will guide the committee members in their discussions with landowners, a few
sample access agreement forms, and a copy M.G.L. Chapter 21, Section 17c, which
explains the issue of landowner liability for public use of their land. The "Recreational
Use Statute" states that as long as the landowner is not charging the public for use of their
land and is not grossly negligent, they are not held liable for any injuries that may occur.
The successful establishment of a Pathways route through Barnstable will bring
numerous environmental, recreational and economic benefits to the town. This has been
borne out in other Cape Cod towns, including Mashpee, Falmouth, Yarmouth, Dennis,
Brewster and Orleans, and in regions of the country where such trail systems are well
established. The Pathways corridor will provide an additional criterion for use in
assessing and prioritizing open space planning in town and, since it has historically
enjoyed the support of the state, may make funding for parcel acquisitions more attractive
along the trail route.
Please contact nie with any questions you have. Thank you for your time and
consideration.
Sincerely,
[NAME OF SIGNATORY]
Attachments: Proposed committee charge
Suggested inquiry script
M.G.L. 21, Section 17C
Access agreement samples
cc: [NAMES OF APPROPRIATE COPY RECIPIENTS]
APPENDIX7
APPENDIX 7: ROAD OWNERSHIP ALONG PROPOSED TRAIL
Road Ownership Along Proposed Trail
Road Name
Meetinghouse Road
Navigation Road
Parker Road (W. Barnstable)
Plum Street
Oak Street
Route 132
Old Jail Lane
Old Neck Lane
Route 6A
Scudder Lane
Pine Lane
Mill Way
Commerce Road
Mary Dunn Road
Phinney's Lane
Service Road
Source: Barnstable Engineering Department
Ownership
Barnstable County
Ancient Way
Town of Barnstable
Ancient Way/Private/Public
Barnstable County
State (Route 6A to Bearse's Way);
County (Bearse's Way to Rotary)
Town Of Barnstable
Ancient Way
State (except Old Jail Lane to Mill
Way is County)
Town of Barnstable
Town of Barnstable
Barnstable County
Town of Barnstable
Town of Barnstable/Ancient
Way/Private
Town of Barnstable/ Barnstable
County
Town of Barnstable/State
APPENDIX8 •
APPENDIX 8: LIMITED LIABILITY STATUTE
GENERAL LAWS OF MASSACHUSETTS
PARTI.
ADMINISTRATION OF THE GOVERNMENT.
TITLE II.
EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE
COMMONWEAL TH.
CHAPTER 21. DEPARTMENT OF ENVIRONMENTAL MANAGEMENT.
Chapter 21: Section 17C. Public use of land for recreational, conservation, scientific
educational and other purposes; landowner & apos;s liability limited; exception.
Section 17C. (a) Any person having an interest in land including the structures, buil~gs,
and equipment attached to the land, including without limitation, wetlands, rivers,
streams, ponds, lakes, and other bodies of water, who lawfully permits the public to use
such land for recreational, conservation, scientific, educational, environmental,
ecological, research, religious, or charitable purposes without imposing a charge or fee
therefore, or who leases such land for said purposes to the commonwealth or any political
subdivision thereof or to any nonprofit corporation, trust or association, shall not be liable
for personal injuries or property damage sustained by such members·ofthe public,
including without limitation a minor, while on said land in the absence of willful, wanton,
or reckless conduct by such person. Such permission shall not confer upon any member
of the public using said land, including without limitation a minor, the status of an invitee
or licensee to whom any duty would be owed by said person.
(b) The liability of any person who imposes a charge or fee for the use of his land by the
public for the purposes described in subsection (a) shall not be limited by any provision
of this section. The term ""person" as used in this section shall be deemed to include the
person having an interest in the land, his agent, manager, or licensee and shall include
without limitation, any governmental body, agency or instrumentality, nonprofit
corporation, trust or association, and any director, officer, trustee, member, employee or
agent thereof. A contribution or other voluntary payment not required to be made to use
such land shall not be considered a charge or fee within the meaning of this section.
_APPENDlX9
APPENDIX 9: TRAIL SEGMENT DESCRIPTIONS SPREADSHEET
TRAIL SEGMENT MAJOR MAJOR CULTURAL DIST. PARKING COMFORT RECOMMENDATIONS PARCEL
SEGMENT LOCATION NATURAL FEATURES AND (miles) FACILITIES REQUIRING
NO. FEATURES PUBLIC USE AREAS PERMISSION TO
CROSS
1 West -Pitch pine oak forest; -Powerline corridor; 2.9 Yes. No. -Avoid shooting range at None.
Barnstable l . Service road near Exit northwestern comer of conservation
Conservation -Extensive trail -Highest elevation in 5 beneath l?owerlines (8-area.
Area from system; Barnstable; 12 cars), shooting range
ITown entrance, and two other -Provide additional trail markers.
Boundary to -Excellent -Walker Point; dirt road entrances.
Route 149 opportunity for -Improve and add signage.
multiple trail uses -Shooting range; 2. Farmersville Road off
including horses, of Race Lane (20-25 cars) -Brush cutting maintenance required i
mountain bikes, -Trail signs and map. on some trails.
skiers and hikers; 3. Popple Bottom Road
off of Route 149 -Provide trash receptacles at all
-Beautiful, dense parking areas.
woodlands
IA Otis Atwood -Pitch pine oak forest -NIA 1.8 Yes. ~o. -Provide crosswalk None .
(Optional Conservation 1. ATOACA
Loop) Area 2. Across Route 149 at
WBCA.
2 Meetinghouse Conant Property Meetinghouse Road 0.5 Yes. No. -Construct sidewalks along Route None .
Road (Route l. West Barnstable 149 between Exit 5 interchange and
149) from Conservation Area Conant property.
WBCA to beneath powerlines (8-12
Conant cars) -Provide trail markers, including
Property
2. Conant Property (20
along Route 149.
cars)
2A Conant -Upland and wetland -Conant Property 0.5 Yes No. -Provide trail markers None.
(Optional Property Loop habitats 1. Conant Property (20
Loop) ~Meetinghouse Road cars) -Off Meetinghouse -Provide bathroom facilities
-Fish hatchery Road
1 of6
TRAIL SEGMENT MAJOR MAJOR CULTURAL DIST. PARKING COMFORT RECOMMENDATIONS PARCEL
SEGMENT LOCATION NATURAL FEATURES AND (miles) .FACILITIES REQUIRING
NO. FEATURES PUBLIC USE AREAS PERMISSION TO
CROSS
2B Loop Trail -Lombard Properties -Lombard Properties 3.5 Yes. Yes. Sidewalks are recommended in None.
from Conant 1. Lombard Property some places along Route 149 and
Property North -Great Marshes -Great Marsh (Meetinghouse Road) Navigation Road for improved
to Lombard safety.
Properties and 2. Conant Property (20
Great Marshes cars) -Off Meetinghouse -Because Navigation Road is an
and back to Road Ancient Way, the public's right to
Bridge Creek cross is not entirely clear. This
Conservation should be researched further before
Area designating it as part of the Pathways
svstem.
3 Bridge Creek -Bridge Creek and -Attractive bridges, 1.3 Yes. No. NIA None.
Conservation Marsh boardwalks and I. Off Church Street (3-5
Area from benches cars) ·.
Meetinghouse -Red Maple Swamp
Road (Route -Stone walls 2. Off Meetinghouse
149) to Parker -Dense Woodlands Road (Route 149) behind
Road -Abandoned cranberry West Barnstable Fire
-Tidal and freshwater bogs Station
marsh and streams
-Hiking, mountain bike
-Open marsh riding, horseback
riding, bird watching,
hunting subject to
current rules and
regulations (prohibited .
within the Jenkins
Wildlife Sanctuary).
-Information kiosks
available
4 Cranberry Bog Cranberry bogs Cranberry bogs 0.6 No. No. Seek permission from owners of Map 176/Pacel 026
Area (Private) parcels listed to cross property. Map 17 6/Parcel O 18
from Parker Map 176/ParceI 019
Road to Map 17 6/Parcel 021
Spruce Pond Map 176/Parcel 16-
Conservation 001
Area
2 of6
TRAIL SEGMENT MAJOR MAJOR CULTURAL DIST. PARKING COMFORT RECOMMENDATIONS PARCEL
SEGMENT LOCATION NATURAL FEATURES AND (miles) FACILITIES REQUIRING
NO. FEATURES PUBLIC USE AREAS PERMISSION TO
CROSS
5 Spruce Pond -Sand Hill and Spruce Power line Corridor 0.9 No. No. -Seek permission from owners of -Map 195/Parcels 006
Conservation Ponds Map 195/Parcel 006 and Map 195/ and 025.
Area from Parcel 025 to cross property.
Jenkins Bogs 1-Potential Views to 1-Map 195/Parcel O 11
to Oak Street Cape Cod Bay -Seek permission from owners of (if this section of
Map 195/Parcel 011 if this section of Plum Street is
lthe Plum Street is privately owned. privately owned
6 Oak Street to Pitch pine oak -YMCA and Cape Cod 0.8 Yes. Yes. -Provide trail markers: -Map 195/ Parcel 029
Route 132 woodland Conservatory of Music . Off Oak Street beneath YMCA
we.st of Cape power line right of way building -Blaze clearer trail entrance near
Cod -Power line corridor (3 -5 cars). Although YMCA: -Possibly Map 215,
Community parking is currently Parcel 20 (research
College occurring here, this is on -Survey plans should be researched survey plans to
private property (Map to determine whether or not the verify)
195/parcel 29) and any existing trail crosses into private
officially designated land. If so, either permission to pass -Map 215 Parcel 018
parking area would need must be attained or the trail should be may be private;
permission from the moved slightly west in order to be regardless of
owners . completely on public land.· ownership, ..
tpermission needs to
Seek permission from owners of be acquired.
Map 195/ Parcel 029 to cross and
park on property, beneath power
lines:
'-Survey plans should be researched
It o determine whether or not the
existing trail crosses onto Map 215,
parcel 20 . If so, either permission to
pass must be attained or the trail
should be moved slightly west in
order to be completely on public
land.·
3 of6
TRAIL SEGMENT MAJOR MAJOR CULTURAL DIST. PARKING COMFORT RECOMMENDATIONS PARCEL
SEGMENT LOCATION NATURAL FEATURES AND (miles) FACILITIES REQUIRING
NO. FEATURES PUBLIC USE AREAS PERMISSION TO
CROSS
-After exploring both the northern
6 and southern options for continuing
( continued) eastward, it was determined that the
northern route is by far the more
feasible and interesting option and is
recommended as the Preferred
Pathways Route. The southern
option is severely limited and this
option is not recommended for
further exploration at this time.
-Conduct further research to verify
ownership of Map 215, Parcel 018 .
Regardless of ownership, permission
to cross is required.
0.4
7 Cape Cod NIA Cape Cod Community (Alt. 1) Yes. Yes. -Provide trail markers. None.
Community College Several large parking lots Bathrooms and
College from 0.7 on campus perimeter. food: Hikers -If Alternative 1 is chosen, it will be
Route 132 to (Alt. 2) can use public necessary to acquire permission from
Eastern bathrooms the owners to traverse their property.
Boundary inside college If acquiring the necessary permission
buildings or; becomes problematic, Alternative 2
Hikers may might be a better choice and would
walk up Route require blazing a new trail through
132 to the the woods on College property ..
Burger
King/Bus Stop -Advertise pathways project to
comfort students
station.
4of6
TRAIL SEGMENT MAJOR MAJOR CULTURAL DIST. PARKING COMFORT RECOMMENDATIONS PARCEL
SEGMENT LOCATION NATURAL FEATURES AND (miles) FACILITIES REQUIRING
NO. FEATURES PUBLIC USE AREAS PERMISSION TO
CROSS
8 Cape Cod -Dense secondary Old Jail Lane 1.8 Yes. No. -If Segment 7 Alternative 1 is -Map 236, Parcel
Community successional forest Conservation Area (using l. Pine Lane entrance to chosen, then Segment 8 will pass 006-00}
College to Old dominated by Seg. 7 Old Jail Lane through several privately owned
Jail Lane hardwoods · Conservation Area (2-4 parcels before reaching public land -Map 236, Parcel Alt. 1) cars) again for which pern1ission must be 014
-Interesting obtained. If Segment 7 Alternative 2
topography and 1.3 2. Alternative parking is is chosen, then a new trail will be -Map 237, Parcel
geology (using possible on the land bank blazed entirely on College property 039
Seg. 7 parcel immediately west that would bypass these privately
of the Conservation Area, owned parcels altogether. -Map 236, parcel 08. A lt. 2) accessed from Route 6A (further research
-There are four privately owned should be done)
parcels abutting the existing trail,
through which the trail may pass. -Map 235/Pacel 013
Survey plans should be researched to (research survey plan
determine whether or not the existing to check trail
trail crosses into private land. If so, location)
either permission to pass must be
attained or the trail should be moved -Map 237/Parcel 30
slightly north in order to be. (research survey plan
to check trail
-Old Jail Lane Conservation Area location)
needs additional parking.
i-Map 236/Parcel O 13
-Moving eastward from the eastern (research survey plan
boundary of the OJLCA, the northern to check trail
trail option is the Preferred Trail lt ocation)
route and the southern option is not
recommended for further -Map 256/Parcel 004
investigation at this time. ( research survey plan
to check trail
location)
8A Scudder Lane -Barnstable Harbor Barnstable Harbor 1.4 Yes No. Provide crosswalk at intersection of None.
(Optional Spur Trail town landing l. Town landing on land bank parcel and Route 6A to get
Spur Trail) Scudder Lane hiker north
-Hinckley's Pond
5 of6
TRAIL SEGMENT MAJOR MAJOR CULTURAL DIST. PARKING COMFORT RECOMMENDATIONS PARCEL
SEGMENT LOCATION NATURAL FEATURES AND (miles) FACILITIES REQUIRING
NO. FEATURES PUBLIC USE AREAS PERMISSION TO
CROSS
9 Pine Lane Potential access to -Railroad crossing 3.3 Yes. Yes. Consider Map 278, Parcel 048 for None.
from Old Jail Barnstable Harbor 1. Old Jail Lane 1. County possible acquisition of conservation
Lane to Route -Homes close to road Conservation Area off Courthouse/re easement.
6A to Mary Pine Lane (3-5 cars) gistry of Deeds
Dunn Road -Easy access to Route 2. Barnstable Village bathrooms and
6A and Barnstable along Route 6A and in snack
Village County machines
Courthouse/registry of 2. Restaurants
-Potential access to OC)eeds parking lots. in Barnstable
Barnstable Harbor Village.
Segment9A Hathaway's Hathaway's Ponds -Hathaways Pond 3.6 Yes. No . Install sidewalks along Phinney's None.
(Optional Pond Conservation Area 1. Hathaway's Ponds Lane between Old Jail Lane and
Spur Trail) Conservation -Picnic/grilling areas Conservation Area off Hathaway's Ponds Conservation
Area Spur Phinney's Lane (30-50 Area entrance.
rfrail i-Swings cars)
Segment9B Mill Way and Barnstable Harbor -Homes close to road 1.5 Yes. No. Identify potential conflicts with -Map 333/Parcel 012
(Optional Commerce 2. Mill Way Marina and homeowners in area before (Water Co.)
Loop Trail) Road Loop -Easy access to Route beach designating roads as part of
Trail 6A and Barnstable 3. Barnstable) Village Pathways; be judicious with Also look at:
Village along Route 6A and in placement of trail markers. -Map 3 I 6/Parcel 004
County (County)
-Potent Barnstable Courthouse/Registry of
Harbor Deeds parking lots. -Map 315/ Parcel 017
(County)
-Map 317/Parcel 035
(Countv )
10 State Division Dense pitch pine oak DFW land 1.2 Yes. Yes. -Install sidewalks along Mary Dunn
of Fisheries woodland 1. Small parking area on Road between Route 6A and DFW
and Wildlife road shoulder off Mary land.
Land Dunn Road (2-4 cars).
-Post hunting regulations.
-Provide trail markers.
6 of6