HomeMy WebLinkAbout04032024 CR RECORDEDE}k 36365 Fps 160 �18704
0=�-15-2024 t� 03 - 410
a
a�
3
0
V
q
d
tn
p
�o
vi
M
et
rl
w
on
le
Drinking Water Supply Protection CR — Higgins Crowell Road
Yarmouth, MA
GRANTOR: Town of Yarmouth's Select Board acting as the Board of Water
Commissioners
GRANTEE: Trustees of the Yarmouth Conservation Trust
ADDRESS OF PREMISES: 423, 431, 435, 439, 443, 445, 451, 455, 461, and 465 Higgins Crowell
Road, Yarmouth, MA 02673
FOR GRANTOR'S TITLE SEE: Barnstable County Registry of Deeds at Book 36123, Page 55.
FOR GRANTOR'S PLAN SEE: Barnstable County Registry of Deeds at Plan Book 420, Page 59.
GRANT OF CONSERVATION RESTRICTION
I. STATEMENT OF GRANT
The TOWN OF YARMOUTH, a Massachusetts municipal corporation with a principal office at
Town Hail, 1146 Route 28, South Yarmouth, Barnstable County, MA 02664, acting by and
through its Select Board, acting as the Board of Water Commissioners pursuant to authority
granted by the vote taken under Article 19 of the November 15, 2022 Special Town Meeting, an
attested copy of which is attached hereto as Exhibit D, being the sole owner of the Premises as
defined herein, for its successors and assigns ("Grantor"), acting pursuant to Sections 31, 32, and
33 of Chapter 184 of the Massachusetts General Laws, grants, with QUITCLAIM COVENANTS,
to a majority of SHARON K. DONEGAN, DONALD F. HENDERSON, ELIZABETH G.
MANNING, RICHARD F. MARTIN, CHRISTINE MARZIGLIANO, and JOHN G. REEVE, as
TRUSTEES of and acting as such on behalf of the YARMOUTH CONSERVATION TRUST,
established under a deed of trust dated March 3, 1986, recorded with the Barnstable Registry of
Deeds in Book 5031, Page 44, as amended, and with the Barnstable Registry District of the Land
Court as Document No. 633,110 on Certificate No. 180006, with a mailing address at P.O. Box
376, Yarmouth Port, Massachusetts 02675, its permitted successors and assigns ("Grantee"), for
nominal consideration, IN PERPETUITY AND EXCLUSIVELY FOR CONSERVATION
Drinking Water Supply Protection CR — Higgins Crowell Road
Yarmouth, MA
PURPOSES, the following Conservation Restriction on land located in the Town of Yarmouth,
Barnstable County, Commonwealth of Massachusetts containing the entirety of ten (10) tracts of
land with a total of 9.689, acres, more or less ("Premises"), which Premises is more particularly
described in Exhibit A and shown in the attached sketch plan in Exhibit B, and which is shown on
a map of the `Premises and Water Supply Protection Zones' in Exhibit C, all of which are
incorporated herein and attached hereto.
The fee interest in the Premises was acquired utilizing, in part, Community Preservation Act funds
pursuant to Chapter 44B of the Massachusetts General Laws, which funds were authorized for
such purposes by a vote of the Town of Yarmouth Town Meeting held on November 15, 2022. an
attested copy of which vote is attached hereto as Exhibit D (the "CPA Vote"). Pursuant to Section
12(b) of Chapter 44B and Section 41 of Chapter 40 of the Massachusetts General Laws, the fee
interest in the Premises, and therefore the management of the Premises, is under the care, custody
and control of the Board of Water Commissioners of the Town of Yarmouth, and the Premises is
subject to Article 97 of the Amendments to the Constitution of Massachusetts.
II. PURPOSES:
This Conservation Restriction is defined in and authorized by Sections 31, 32, and 33 of Chapter
184 of the Massachusetts General Laws and otherwise by law. The purposes of this Conservation
Restriction ("Purposes") are to ensure that the Premises will be maintained in perpetuity for the
protection of the Town of Yarmouth Water Department's Well #24 ("Well") approved by
Massachusetts Department of Environmental Protection (MassDEP) as a source of public drinking
water (PWS ID #4351000), to ensure that the Premises will be maintained in its natural, scenic, or
open condition, and to prevent any use or change that would materially impair the Conservation
Values (as defined below). Furthermore, the Purposes are also to ensure that the Premises will be
maintained in perpetuity to protect native vegetation, soils, forest habitat and wildlife thereon; to
protect and enhance the value of nearby conservation areas; to allow and maintain appropriate
public access for passive recreation, and to promote and to provide for the perpetual and exclusive
protection of water supply and water quality and to provide for conservation of soil and other
natural resources within the Premises.
Drinking Water Supply Protection Grant Program. The fee interest in the Premises was
acquired utilizing, in part, assistance from the Drinking Water Supply Protection Grant program,
pursuant to Chapter 312 of the Acts of 2008, § 2A, 2200-7017 and therefore the Premises is subject
to a Project Agreement recorded with the Barnstable County Registry of Deeds at Book 36214,
Page 224. The Commonwealth of Massachusetts provided the Town of Yarmouth with a $300,000
reimbursement grant through this program for FY 2023.
MassDEP approved the acquisition of the fee interest in the Premises by the Town of Yarmouth
pursuant to Sections 38, 39B and 41 of Chapter 40 of the Massachusetts General Laws after a
public hearing on December 20, 2022. A copy of the MassDEP approval of this acquisition is
attached hereto as Exhibit E.
2
Drinking Water Supply Protection CR Higgins Crowell Road
Yarmouth, MA
The Conservation Values protected by this Conservation Restriction include the following:
Water Sunnly. The entirety of the Premises falls within a MA Department of
Environmental Protection approved Zone II Wellhead Protection Area which contributes
to the Public Water Supply. These zones are defined by 310 CMR 22.00 as areas of land
which are critical to maintaining the public drinking water supply. The Zone II area is also
highly susceptible to contamination due to highly transmissive soil types. Protection of the
Premises from development with this Restriction will assist in maintaining the quality of a
public water supply.
Open Space. The Premises contributes to the protection of the scenic and natural character
of Yarmouth and the protection of the Premises will enhance the open -space value of these
and nearby lands. The Premises abuts land already conserved, including 330± acres of
water supply protection land owned by the Town of Yarmouth
Soils and Soil Health. The Premises includes soils designated as both Forest Land of
Statewide Importance (5.5 acres±) and Forest Land of Local Importance (4.2 acres±) as
identified by the USDA Natural Resources Conservation Service. The protection of the
Premises will promote healthy soils and healthy soils practices as such terms are defined
in Chapter 358 of the Acts of 2020, which added definitions of these terms to Section 7A
of Chapter 128 of the Massachusetts General Laws.
Public Access. Public access to the Premises will be allowed for passive outdoor
recreation, education, and nature study. The Premises will permanently protect a 0.2-mile
trail loop connecting the Premises to an extensive system of trails within the abutting water
supply protection land. These trails provide connections to Sandy Pond Recreation Area,
Horse Pond Conservation Land, Bayberry Hills Golf Course and many surrounding roads
and neighborhoods and provide close -to -home recreational opportunities to Yarmouth
residents and visitors.
• Biodiversity. The entirety of the Premises consists of pine -oak upland forest, identified in
the Massachusetts Department of Fish and Game's Statewide Wildlife Action plan as
hosting numerous species of greatest conservation need. Fox, coyote, and deer, eastern
box turtle, migratory warblers, and bobwhite quail are among the species that prefer to
inhabit this type of forested upland.
• Consistency with Clearly Delineated Barnstable County, Conservation Policy. Protection
of the Premises will assist in achieving Barnstable County conservation goals. In July
1991, the Barnstable County Assembly of Delegates, pursuant to the Cape Cod
Commission Act ( Chapter 716 of the Acts of 1989), adopted a Regional Policy Plan
("RPP"), amended in 1996, 2002, 2009, 2012, 2018, and 2021 which provided, inter alia
(references are to the 2018 RPP amended March 2021):
-"To maintain a sustainable supply of high quality untreated drinking water and
protect, preserve, or restore the ecological integrity of Cape Cod's fresh and
marine surface water resources" (Water Resources Goal, pp. 54);
Drinking Water Supply Protection CR — Higgins Crowell Road
Yarmouth, MA
o -"To protect, preserve, or restore wildlife and plant habitat to maintain the region's
natural diversity" (Wildlife and Plant Habitat Goal, pp. 55).
o -In reference to this Wildlife and Plant Habitat Goal, the RPP states, "For many
years habitat loss due to development has been the primary threat to the region's
habitats" (pp. 32); and
o -"To conserve, preserve, or enhance a network of open space that contributes to
the region's natural community resources and systems" (Open Space Goal, pp.
55). In reference to this Open Space Goal, the RPP states, "[t]he open space of the
Cape is critical to the health of the region's natural systems, economy, and
population. Open space provides habitat for the region's diverse species and
protection of the region's drinking water supply" (pp. 30).
Granting this Restriction will advance each of these goals outlined in the RPP. The Water
Resources Goal will be served because the Premises falls entirely within a Zone II
Wellhead Protection Area as identified by the MA Department of Environmental
Protection, which contributes to the Public Water Supply, and implementing this
Restriction will aid in maintaining drinking water quality in the area. The Wildlife and
Plant Habitat Goal will be served because the Premises provides habitat for important
plant and wildlife species. The Open Space Goal will be advanced because the Premises
abuts an extensive area of permanently protected open space land, including Town of
Yarmouth water supply protection land.
• Consistency with the Town of Yarmouth's 2015 Open Space and Recreation Plan (updated
December 2018). Protection of the Premises will further the Town of Yarmouth's
documented goals regarding conservation of open space for conserving public water
supplies, and natural resource protection. The Plan specifies that:
u "Land acquisition efforts to increase open space, and proper management of
conservation areas, ensuring the protection of environmentally sensitive- areas
(wetlands and groundwater resources) and promoting stewardship of these areas
have been consistently identified as high priorities. (Section 7 .1.1, p. 73); and
* "Fragmentation of wildlife and plant habitat should be minimized by the
establishment of greenways and wildlife corridors of sufficient width to protect
species that inhabit the interior areas, as well as by the protection of large
unfragmented areas ... " (Section 7.1.3, pp. 75)."
"There are opportunities to augment the value of existing conserved lands by
increasing the size of the conservation area. Undeveloped properties adjacent to
these properties should be evaluated for acquisition or other means of protection
from full development." (Section 7.1.5 pp. 75)
In addition, the Plan articulated goals to:
o "Expand the amount of open space and conservation land. a) Identify and preserve
land for natural resource protection, drinking water protection, passive recreation,
quality of life and aesthetics (Section 8, No. 2, pp. 85); and
t, "Protect and improve environmental resources, water quality and open space.
(Section 8, No. 3, pp. 85).
4
Drinking Water Supply Protection CR — Higgins Crowell Road
Yarmouth, MA
Each of these overarching policies and goals will be advanced in implementing this
Conservation Restriction.
Consistency with the Town of Yarmouth 2019 Water System Master Plan. Protection of
the Premises will assist the Town of Yarmouth in achieving its water management goals.
In 2019, the Town of Yarmouth adopted a plan for management of its water supply. The
Plan specifies that "Protecting existing wells from watershed contamination threats is
critical. If suitable land for a potential well site is available for purchase, it is always
prudent to consider land purchase for future wells and/or for watershed protection. As a
reasonable rule of thumb, the Town should evaluate opportunities for purchase of available
land within 1,000 feet of existing wells." (Section 2.5. pp. 23). The Premises meets this
criteria for acquisition of land for drinking water supply protection.
Consistency with Clearly Delineated Federal Conservation Policy. Protection of the
Premises meets the definition of "conservation purposes" as defined in 26 CFR 1.170A-1
4(d)(l ), because its conservation would: protect the land for outdoor recreation by the
general public; reserve the land for education regarding the natural world; protect wildlife
habitats; and it would contribute to the preservation of open space because it is proximate
to several other parcels already conserved.
III. PROHIBITED and PERMITTED ACTS AND USES
A. Prohibited Acts and Uses
The Grantor will not perform or allow others to perform the following acts and uses which are
prohibited on, above, and below the Premises:
Structures and Improvements. Constructing, placing, or allowing to remain any
temporary or permanent structure including without limitation any building, tennis
court, landing strip, mobile home, swimming pool, asphalt or concrete pavement,
graveled area, roads, sign, fence, gate, billboard or other advertising, antenna, utilities
or other structures, utility pole, tower, wind turbine, solar panel, solar array, conduit,
line, septic or wastewater disposal system, storage tank, or dam;
2. Extractive Activities/Uses. Mining, excavating, dredging, withdrawing, or removing
soil, loam, peat, gravel, sand, rock, surface water, ground water, or other mineral
substance or natural deposit, or otherwise altering the topography of the Premises;
3. Disposal/Storage. Placing, filling, storing or dumping of soil, refuse, trash, vehicle
bodies or parts, rubbish, debris, junk, tree and other vegetation cuttings, liquid or solid
waste or other substance or material whatsoever;
4. Adverse Impacts to Vegetation. Cutting, removing, or destroying trees, shrubs, grasses
or other vegetation;
Drinking Water Supply Protection CR Higgins Crowell Road
Yarmouth, AM
5. Adverse Impacts to Water, Soil, and Other Features. Activities detrimental to drainage,
flood control, water conservation, water quality, erosion control, soil conservation,
natural habitat, archaeological conservation, or ecosystem function;
6. Introduction of Invasive Species. Planting or introducing any species identified as
invasive by the Massachusetts Invasive Plant Advisory Group or identified as invasive
in such recognized inventories as the Massachusetts Introduced Pests Outreach Project,
the Northeast Aquatic Nuisance Species Panel, or other such inventories, and any
successor list as mutually agreed to by Grantor and Grantee;
7. Motor Vehicles. Using, parking, or storing motorized vehicles, including motorcycles,
mopeds, all -terrain vehicles, off -highway vehicles, motorboats or other motorized
watercraft, snowmobiles, launching or landing aircraft, or any other motorized
vehicles, acknowledging that vehicles necessary for public safety (i.e., fire, police,
ambulance, other government officials) may have a legal right to enter the Premises;
8. Subdivision. Subdividing or conveying a part or portion of the Premises (as compared
to conveyance of the Premises in its entirety which shall be permitted), it being the
Grantor's and Grantee's intention to maintain the entire Premises under unified
ownership;
9. Use of Premises for Developing Other Land. Using the Premises towards building or
development requirements on this or any other parcel;
10. Adverse Impacts to Stone Walls, Boundary Markers. Disrupting, removing, or
destroying stone walls, granite fence posts, or any other boundary markers;
11. Hunting,tranning, or caniyine. Hunting, trapping, or camping of any kind.
12. Residential or Industrial Uses. Using the Premises for residential or industrial purposes;
13. Inconsistent Uses. Using the Premises for commercial purposes that are inconsistent
with the Purposes or that would materially impair the Conservation Values, or for any
other uses or activities that are inconsistent with the Purposes or that would materially
impair the Conservation Values.
B. Permitted Acts and Uses
Notwithstanding the Prohibited Acts and Uses described in Paragraph III.A, the Grantor
may conduct or permit the following acts and uses on the Premises, provided they do not
materially impair the Purposes and/or Conservation Values. In conducting any Permitted
Act and Use, Grantor shall minimize impacts to the Conservation Values to ensure any
such impairment thereto is not material.
6
Drinking Water Supply Protection CR Higgins Crowell Road
Yarmouth, MA
1. Vegetation Management. Maintaining vegetation, including pruning, trimming,
cutting, and mowing, and removing brush, and selective cutting of trees, all to prevent,
control, and manage hazards, disease, insect or fire damage, and/or in order to maintain
the condition of the Premises as documented in the Baseline Report (see Paragraph
XV);
2. Non-native, Nuisance, or Invasive species. Removing non-native, nuisance, or invasive
species, interplanting native species, and controlling species in a manner that minimizes
damage to surrounding, non -target species and preserves water quality;
Composting. Stockpiling and composting stumps, trees, brush, limbs, and similar
biodegradable materials originating on the Premises;
4. Natural Habitat and Ecosystem Improvement. With prior written approval of the
Grantee, conducting measures designed to restore native biotic communities, or to
maintain, enhance or restore wildlife, wildlife habitat, ecosystem function, or rare or
endangered species including planting native trees, shrubs, and other vegetation;
5. Archaeological Investigations, Conducting archaeological activities, including without
limitation archaeological research, surveys, excavation and artifact retrieval, but only
in accordance with an archaeological field investigation plan, which plan shall also
address restoration following completion of the archaeological investigation, prepared
by or on behalf of the Grantor and approved in advance of such activity, in writing, by
the Massachusetts Historical Commission State Archaeologist (or appropriate
successor official) and by the Grantee. A copy of the results of any such investigation
on the Premises is to be provided to the Grantee;
b. Trails. Maintaining and constructing trails as follows:
a. Trail Maintenance. Conducting routine maintenance of trails, which may
include widening trail corridors up to eight (8) feet in width overall, with a
treadway up to five (5) feet in width.
b. New Trails. With prior written approval of the Grantee, constructing new trails
or relocating existing trails, provided that any construction or relocation results
in trails that conform with the width limitations above.
c. Trail Features. With prior written approval of the Grantee, constructing bog
bridging, boardwalks, footbridges, railings, steps, culverts, benching, cribbing,
contouring, or other such features, together with the use of motorized equipment
to construct such features;
7. Signs. Constructing, installing, maintaining, and replacing signs and informational
kiosks with respect to the Permitted Acts and Uses, the Purposes, the Conservation
Values, trespass, public access, identity and address of the Grantor, sale of the
Premises, the Grantee's interest in the Premises, boundary and trail markings, any gift,
grant, or other applicable source of support for the conservation of the Premises;
Drinking Water Supply Protection CR Higgins Crowell Road
Yarmouth, MA
8. Motorized Vehicles. Using motorized vehicles by persons with mobility impairments
or as necessary during land management, habitat improvement, and trail maintenance
activities permitted herein.
9. Outdoor Passive Recreational and Educational Activities. Hiking, non -motorized
biking, horseback riding, cross-country skiing, snowshoeing, nature observation,
nature and educational walks and outings, outdoor educational activities, and other non -
motorized outdoor recreational and educational activities;
10. Hunting or Trapping for Nuisance Wildlife. With prior written approval of the
Grantee, hunting or trapping to control nuisance wildlife. The presence of nuisance
wildlife shall be established or confirmed by the Town of Yarmouth Natural Resources
Division and approved in writing by the Grantee.
C. Site Restoration
Upon completion of any Permitted Acts and Uses, any disturbed areas shall be restored
substantially to the conditions that existed prior to said activities, including with respect to soil
material, grade, and vegetated ground cover.
D. Compliance with Permits, Regulations, Laws
The exercise of any Permitted Acts and Uses under Paragraph III.B shall be in compliance with
all applicable federal, state and local laws, rules, regulations, zoning, and permits, and with the
Constitution of the Commonwealth of Massachusetts. The inclusion of any Reserved Right
requiring a permit, license or other approval from a public agency does not imply that the Grantee
or the Commonwealth takes any position whether such permit, license, or other approval should
be issued.
E. Notice and Approval
Notifying Grantee. Whenever notice to or approval by Grantee is required, Grantor
shall notify or request approval from Grantee, by a method requiring proof of receipt,
in writing not less than sixty (60) days prior to the date Grantor intends to undertake
the activity in question, unless a different time period is specified herein. The notice
shall:
a. Describe the nature, scope, design, location, timetable and any other material
aspect of the proposed activity;
b. Describe how the proposed activity complies with the terms and conditions of
this Conservation Restriction, and will not materially impair the Purposes
and/or Conservation Values;
c. Identify all permits, licenses, or approvals required for the proposed activity,
and the status of any such permits, licenses, or approvals.
Drinking Water Supply Protection CR Higgins Crowell Road
Yarmouth, MA
d. Describe any other material aspect of the proposed activity in sufficient detail
to permit the Grantee to make an informed judgment as to its consistency with
the Purposes and Conservation Values.
2. Grantee Review. Where Grantee's approval is required, Grantee shall grant or withhold
approval in writing within sixty (60) days of receipt of Grantor's request. Grantee's
approval shall only be granted upon a showing that the proposed activity will minimize
impacts to the Conservation Values and will not materially impair the Purposes and/or
Conservation Values. Grantee may require Grantor to secure expert review and
evaluation of a proposed activity by a mutually agreed upon party.
3. Resubmittal. Grantee's failure to respond within sixty (60) days of receipt shall not
constitute approval of the request. Grantor may subsequently submit the same or a
similar request for approval.
IV. INSPECTION AND ENFORCEMENT
A. Entry onto the Premises
The Grantor hereby grants to the Grantee, and its duly authorized agents or representatives, the
right to enter the Premises upon reasonable notice and at reasonable times, for the purpose of
inspecting the Premises to determine compliance with or to enforce this Conservation Restriction.
B. Legal and Injunctive Relief
Enforcement. The rights hereby granted shall include the right to enforce this
Conservation Restriction by appropriate legal proceedings and to obtain compensatory
relief, including without limitation, compensation for interim losses (i.e., ecological
and public use service losses that occur from the date of the violation until the date of
restoration) and equitable relief against any violations, including, without limitation,
injunctive relief and relief requiring restoration of the Premises to its condition prior to
the time of the injury (it being agreed that the Grantee will have no adequate remedy at
law in case of an injunction). The rights hereby granted shall be in addition to, and not
in limitation of, any other rights and remedies available to the Grantee for the
enforcement of this Conservation Restriction.
2, Notice and Cure. In the event the Grantee determines that a violation of this
Conservation Restriction has occurred and intends to exercise any of the rights
described herein, the Grantee shall, before exercising any such rights, notify the
Grantor in writing of the violation. The Grantor shall have thirty (30) days from receipt
of the written notice to halt the violation and remedy any damage caused by it, after
which time Grantee may take further action, including instituting legal proceedings and
entering the Premises to take reasonable measures to remedy, abate or correct such
violation, without further notice. Provided, however, that this requirement of deferment
of action for thirty (30) days applies only if Grantor immediately ceases the violation
and Grantee determines that there is no ongoing violation. In instances where a
9
Drinking Water Supply Protection CR — Higgins Crowell Road
Yarmouth, MA
violation may also constitute a violation of local, state, or federal law, the Grantee may
notify the proper authorities of such violation.
3. Reimbursement of Costs and Expenses of Enforcement. Grantor covenants and agrees
to reimburse to Grantee all reasonable costs and expenses (including counsel fees)
incurred by the Grantee in enforcing this Conservation Restriction or in taking
reasonable measures to remedy, abate or correct any violation thereof. In the event of
a dispute over the boundaries of the Conservation Restriction, Grantor shall pay for a
survey by a Massachusetts licensed professional land surveyor and to have the
boundaries permanently marked.
C. Non -Waiver
Enforcement of the terms of this Conservation Restriction shall be at the sole discretion of Grantee.
Any election by the Grantee as to the manner and timing of its right to enforce this Conservation
Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a
waiver of such rights.
D. Disclaimer of Liability
By acceptance of this Conservation Restriction, the Grantee does not undertake any liability or
obligation relating to the condition of the Premises pertaining to compliance with and including,
but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not
caused by the Grantee or its agents.
E. Acts Beyond! the Grantor's Control
Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to
bring any actions against the Grantor for any injury to or change in the Premises resulting from
natural causes beyond the Grantor's control, including but not limited to fire, flood, weather,
climate -related impacts, and earth movement, or from any prudent action taken by the Grantor
under emergency conditions to prevent, abate, or mitigate significant injury to the Premises
resulting from such causes. In the event of any such occurrence, the Grantor and Grantee will
cooperate in the restoration of the Premises, if desirable and feasible.
V. PUBLIC ACCESS
Subject to the provisions of this Conservation Restriction, the Grantor hereby grants access to the
Premises to the general public and agrees to take no action to prohibit or discourage access to and
use of the Premises by the general public, but only for daytime use and only as described in
Paragraph III.B.9 provided that such agreement by Grantor is subject to the Grantor's reserved
right to establish reasonable rules, regulations, and restrictions on such permitted recreational use
by the general public for the protection of the Purposes and Conservation Values. Grantor has the
right to control, limit, or prohibit by posting and other reasonable means activities or uses of the
Premises not authorized in Paragraph III.B.9. The Grantee may require the Grantor to post the
Premises against any use by the public that results in material impairment of the Conservation
10
Drinking Water Supply Protection CR - Higgins Crowell Road
Yarmouth, AM
Values. This grant of public access to the Premises is solely for the purposes described in Section
17C of Chapter 21 of the Massachusetts General Laws and the Grantor and Grantee hereto express
their intent to benefit from exculpation from liability to the extent provided in such section.
VI. TERMINATION/RELEASE/EXTINGUISHMENT
A. Procedure
If circumstances arise in the future that render the Purposes impossible to accomplish, this
Conservation Restriction can only be terminated, released, or extinguished, whether in whole or
in part, by a court of competent jurisdiction under applicable law after review and approval by the
Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts, or
successor official ("Secretary"), and any other approvals as may be required by Section 32 of
Chapter 184 of the Massachusetts General Laws.
B. Grantor's and Grantee's Right to Recover Proceeds
If any change in conditions ever gives rise to termination, release, or extinguishment of this
Conservation Restriction under applicable law, then Grantee, on a subsequent sale, exchange, or
involuntary conversion of the Premises, shall be entitled to a portion of the proceeds in accordance
with Paragraph VI.C, subject, however, to any applicable law which expressly provides for a
different disposition of the proceeds, and after complying with the terms of any gift, grant, or funding
requirements. The Grantee shall use its share of any proceeds in a manner consistent with the
Purposes or the protection of the Conservation Values.
C. Grantee's Receipt of Property Right
Grantor and Grantee agree that the conveyance of this Conservation Restriction gives rise to a real
property right, immediately vested in the Grantee, with a fair market value that is at least equal to
the proportionate value that this Conservation Restriction, determined at the time of the
conveyance, bears to the value of the unrestricted Premises. The proportionate value of the
Grantee's property right as of the Effective Date (See Paragraph XII.) was determined to be five
percent (5%) . Such proportionate value of the Grantee's property right shall remain constant. Any
proceeds resulting from an extinguishment, taking by public authority under power of eminent
domain or other act of public authority, or other release of this Restriction will be distributed only
after complying with the terms of any gift, grant, or other funding requirements, including any
requirement of the CPA and the Project Agreement.
D. Cooperation Regarding Public Action
Whenever all or any part of the Premises or any interest therein is taken by public authority under
power of eminent domain or other act of public authority, then the Grantor and the Grantee shall
cooperate in recovering the full value of all direct and consequential damages resulting from such
action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any
recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and
Grantee in accordance with Paragraph VI.B and Paragraph VI.C. If a less than fee interest is taken,
11
Drinking Water Supply Protection CR — Higgins Crowell Road
Yarmouth, MA
the proceeds shall be equitably allocated according to the nature of the interest taken. The Grantee
shall use its share of any proceeds in a manner consistent with the Purposes or the protection of
the Conservation Values.
VII. DURATION and ASSIGNABILITY
A. Running of the Burden
The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall
be enforceable against the Grantor and the successors and assigns of the Grantor holding any
interest in the Premises.
B. Execution of Instruments
The Grantee is authorized to record or file any notices or instruments appropriate to assuring the
perpetual enforceability of this Conservation Restriction. The Grantor, on behalf of itself and its
successors and assigns, appoints the Grantee its attorney -in -fact to execute, acknowledge and
deliver any such instruments on its behalf. Without limiting the foregoing, the Grantor and its
successors and assigns agree themselves to execute any such instruments upon request.
C. Running of the Benefit
The benefits of this Conservation Restriction shall run to the Grantee, shall be in gross and shall
not be assignable by the Grantee, except when all of the following conditions are met:
1. the Grantee requires that the Purposes continue to be carried out;
2. the assignee is not an owner of the fee in the Premises;
3. the assignee, at the time of the assignment, qualifies under and 26.U.S.C. 170(h), and
applicable regulations thereunder, if applicable, and is eligible to receive this
Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts
General Laws; and
4. the assignment complies with Article 97 of the Amendments to the Constitution of the
Commonwealth of Massachusetts, if applicable.
VIII. SUBSEQUENT TRANSFERS
A. Procedure for Transfer
The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any
deed or other legal instrument which grants any interest in all or a portion of the Premises,
including a leasehold interest and to notify the Grantee not less than twenty (20) days prior to the
effective date of such transfer. Failure to do any of the above shall not impair the validity or
enforceability of this Conservation Restriction. If the Grantor fails to reference the terms of this
Conservation Restriction in any deed or other legal instrument which grants any interest in all or
a portion of the Premises, then the Grantee may record, in the Barnstable County Registry of
Deeds, or register in the Barnstable Registry District of the Land Court, and at the Grantor's
12
Drinking Water Supply Protection CR Higgins Crowell Road
Yarmouth, AM
expense, a notice of this Conservation Restriction. Any transfer will comply with Article 97 of the
Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable.
B. Grantor's Liability
The Grantor shall not be liable for violations occurring after their ownership. Liability for any acts
or omissions occurring prior to any transfer and liability for any transfer if in violation of this
Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the
restoration of the Premises or removal of violations caused by prior owner(s) and may be held
responsible for any continuing violations.
IX. ESTOPPEL CERTIFICATES
Upon request by the Grantor, the Grantee shall, within thirty (30) days execute and deliver to the
Grantor any document, including an estoppel certificate, which certifies the Grantor's compliance
or non-compliance with any obligation of the Grantor contained in this Conservation Restriction,
X. NON MERGER
The parties intend that any future acquisition of the Premises shall not result in a merger of the
Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantee
agrees that it will not take title, to any part of the Premises without having first assigned this
Conservation Restriction following the terms set forth in Paragraph VILC to ensure that merger
does not occur and that this Conservation Restriction continues to be enforceable by a non -fee
owner.
XI. AMENDMENT
A. Limitations on Amendment
Grantor and Grantee may amend this Conservation Restriction only to correct an error or oversight,
clarify an ambiguity, maintain or enhance the overall protection of the Conservation Values, or
add real property to the Premises, provided that no amendment shall:
1. affect this Conservation Restriction's perpetual duration;
2. be inconsistent with or materially impair the Purposes;
3. affect the qualification of this Conservation Restriction as a "qualified conservation
contribution" or "interest in land" under any applicable laws, including 26 U.S.C.
Section 170(h), and related regulations;
4. affect the status of Grantee as a "qualified organization" or "eligible donee" under any
applicable laws, including 26 U.S.C. Section 170(h) and related regulations, and
Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws; or
5. create an impermissible private benefit or private inurement in violation of federal tax
law, as determined by an appraisal, conducted by an appraiser selected by the Grantee,
of the economic impact of the proposed amendment; or
13
Drinking Water Supply Protection CR Higgins Crowell Road
Yarmouth, MA
6. alter or remove the provisions described in Paragraph VI (Termination
/Release/Extinguishment); or
7. cause the provisions of this Paragraph XI to be less restrictive; or
8. cause the provisions described in Paragraph VII.0 (Running of the Benefit) to be less
restrictive
B. Amendment Approvals and Recording
No amendment shall be effective unless documented in a notarized writing executed by Grantee
and Grantor, approved by the Town of Yarmouth and by the Secretary in the public interest
pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws, and recorded in the
Barnstable County Registry of Deeds or registered in the Barnstable Registry District of the Land
Court.
XII. EFFECTIVE DATE
This Conservation Restriction shall be effective when the Grantor and the Grantee have executed
it, the administrative approvals required by Section 32 of Chapter 184 of the Massachusetts
General Laws have been obtained, and it has been recorded in the Barnstable County Registry of
Deeds.
XIII. NOTICES
Any notice, demand, request, consent, approval or communication that either party desires or is
required to give to the other shall be in writing and either served personally or sent by first class
mail, postage pre -paid, addressed as follows:
To Grantor: Town of Yarmouth
1146 Route 28
Yarmouth, MA 02664
To Grantee: Trustees of the Yarmouth Conservation Trust
P.O. Box 376
Yarmouth Port, MA 02675
or to such other address as any of the above parties shall designate from time to time by written
notice to the other or, if notice is returned to sender, to an address that is reasonably ascertainable
by the parties.
XIV. GENERAL PROVISIONS
A. Controlling Law
The interpretation and performance of this Conservation Restriction shall be governed by the laws
of the Commonwealth of Massachusetts.
14
Drinking Water Supply Protection CR — Higgins Crowell Road
Yarmouth, MA
B. Liberal Construction
Any general rule of construction to the contrary notwithstanding, this Conservation Restriction
shall be liberally construed in order to effect the Purposes and the policy and purposes of Sections
31, 32, and 33 of Chapter 184 of the Massachusetts General Laws. If any provision in this
instrument is found to be ambiguous, any interpretation consistent with the Purposes that would
render the provision valid shall be favored over any interpretation that would render it invalid.
C. Severability
If any provision of this Conservation Restriction or the application thereof to any person or
circumstance is found to be invalid, the remainder of the provisions of this Conservation
Restriction shall not be affected thereby.
D. Entire Agreement
This instrument sets forth the entire agreement of the Grantor and Grantee with respect to this
Conservation Restriction and supersedes all prior discussions, negotiations, understandings, or
agreements relating to the Conservation Restriction, all of which are merged herein.
XV. BASELINE DOCUMENTATION REPORT
The Conservation Values, as well as the natural features, current uses of, and existing
improvements on the Premises, such as, but not limited to, trails, woods roads, structures, meadows
or other cleared areas, agricultural areas, and scenic views, as applicable, are described in a
Baseline Documentation Report ("Baseline Report") ") titled Baseline Documentation Report and
Land Management Plan, and dated February 1, 2024 prepared by Grantee with the cooperation of
the Grantor, consisting of maps, photographs, and other documents and on file with the Grantee
and included by reference herein. The Baseline Report (i) is acknowledged by Grantor and Grantee
to be a complete and accurate representation of the condition and values of the Premises as of the
date of this Conservation Restriction, (ii) is intended to fully comply with applicable Treasury
Regulations, (iii) is intended to serve as an objective information baseline for subsequent
monitoring of compliance with the terms of this Conservation Restriction as described herein, and
(iv) may be supplemented as conditions on the Premise change as allowed over time.
Notwithstanding the foregoing, the parties may utilize any evidence of the condition of the
Premises at the time of this grant in addition to the Baseline Report.
XVI. MISCELLANEOUS
A. Pre-existing Public Rights
Approval of this Conservation Restriction pursuant to Section 32 of Chapter 184 of the
Massachusetts General Laws by any municipal officials and by the Secretary, is not to be construed
as representing the existence or non-existence of any pre-existing rights of the public, if any, in
and to the Premises, and any such pre-existing rights of the public, if any, are not affected by the
granting of this Conservation Restriction.
15
Drinking Water Supply Protection CR Higgins Crowell Road
Yarmouth, MA
B. No Surety Interest
The Grantor attests that there is no mortgage, promissory note, loan, lien, equity credit line,
refinance assignment of mortgage, lease, financing statement or any other agreement which gives
rise to a surety interest affecting the Premises.
C. Executory Limitation
If Grantee shall cease to exist or to be qualified to hold conservation restrictions pursuant to Section
32 of Chapter 184 of the Massachusetts General Laws, or to be qualified organization under 26
U.S.C. 174(h), and applicable regulations thereunder, if applicable, and a prior assignment is not
made pursuant to Paragraph V II, then Grantee's rights and obligations under this Conservation
Restriction shall vest in such organization as a court of competent jurisdiction shall direct pursuant
to the applicable Massachusetts law and with due regard to the requirements for an assignment
pursuant to Paragraph VII.
D. Prior Encumbrances
This Conservation Restriction shall be in addition to and not in substitution of any other restrictions
or easements of record affecting the Premises.
E. The following signature pages are included in this Grant:
Grant and Approval - Town of Yarmouth, acting by and through its Select Board acting as its
Board of Water Commissioners
Grantee Acceptance — Trustees of the Yarmouth Conservation Trust
Approval of Town of Yarmouth Select Board
Approval of the Secretary of Energy and Environmental Affairs of the Commonwealth of
Massachusetts.
B. The following exhibits are attached and incorporated herein:
Exhibit A: Description of the Premises
Exhibit B: Sketch Plan of Premises
Exhibit C: Water Supply Protection Zones
Exhibit D: Attested Copy of Yarmouth Special Town Meeting Vote Authorizing the Use of CPA
Funds
Exhibit E: Record of MassDEP Public Hearing and Approval of Land Acquisition
16
Drinking Water Supply Protection CR - Higgins Crowell Road
Yarmouth, HA
GRANT AND APPROVAL OF TOWN OF YARMOUTH, ACTING BY AND THROUGH
ITS SELECT BOARD ACTING AS ITS BOARD OF WATER COMMISSIONERS
We, the undersigned, being a majority of the Board of Water Commissioners of the Town of
Yarmouth, - -sachusetts, hereby certify that at a public meeting duly held on
2024, the Board of Water Commissioners voted to approve in the
public inter st and grant the foregoing Conservation Restriction to the Trustees of the Yarmouth
Conservation Trust pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws and
do hereby approve in the public interest and grant the foregoing Conservation Restriction.
TOWN OF YARMOUTH BOARD OF WATER
Mark Forest 1-1
Peter 6. Smith
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss:
On this 0- day of , 2024, before me, the undersigned notary
public, personally appeared iaalmael JhXFad'
A c AAC allmij , and ftlCr and proved to me
through satisfactory evidence of identification which was JAM,1 p l Cffi& I,,t JD to
be the persons whose names are signed on the proceeding or attached document, 'ald''•,
acknowledged to me that they signed it voluntary for its stated ppfpose.
ota ry c PubliU �v X - }
MLU6ff'OMM
ission Expires: 9 �� 202
Susan M. Regan
Notary Public
ONYVEALiH OF MAS6ACHUSEM My Commission Expires
September i, 2028
17
Drinking Water Supply Protection CR Higgins Crowell Road
Yarmouth, MA
ACCEPTANCE OF GRANT
The foregoing Conservation Restriction from Town of Yarmouth, acting by and through its Select
Board acting as its Board of Water Commissners, was accepted b a majority of the Trustees of
Yarmouth Conservation Trust this day of , 2023.
L' 2n��
Sharon Don an
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss:
Donald F. Henderson
Elizabeth G. Manning
Richard F. Martin
Christine Marz gliano
John G. Reeve
+11
On this "?n day of .. - i , 2023, before me, the undersigned notary
public, personally appearedg,nm�ay�ec���,ctic ���';Jr�—,
R i 5Aac E fflacii n. Ck r l sh rya- Met r o l i U an� prove to me fliroug� satisfactory
evidence of identification which was e cl" CYJ1 W to be the persons
whose names are signed on the proceeding or attached document, and acknowledged to me that
they signed it voluntarily for its stated purpose.
J{5IIf/I// -
�� HA R013 '/.,
�,i$saON��+AQ,y
C)
M H. Robinson, Notary Public
M Commission Expires: 8 July 2027
[ 1:.3
Drinking Water Supply Protection CR Higgins Crowell Road
Yarmouth, MA
APPROVAL OF TOWN OF YARMOUTH SELECT BOARD
We the undersigned, being a majority of the Select Board of the Town of Yarmouth, hereby certify
that at a public meeting duly held on , 2024, the Select Board voted to approve
the foregoing Conservation Restriction from the Town of Yarmouth, acting by and through its
Select Board acting as its Board of Water Commissioners to the Trustees of the Yarmouth
Conservation Trust in the public interest pursuant to Section 32 of Chapter 184 of the
Massachusetts General Laws.
TOWN OF YARMOUTH SELECT BOARD:
Mark Forest — ., fl
Peter Q. SFnith
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss:
On this 9L— day of 2024, before me, the undersigned notary
ublic, personally appeared C
R c W6 ttmm , Q awl kx 6 Sm , and
proved to me through satisfactory evidence of identification which was
krul n aAn�a/l y yh a,_ to be the persons whose names are signed on the proceedirig.;�.,
or attached docu ent, and acknowledged to that they signed it voluntarily fo 7ts stated �
purpose.
Notary Public +
My Commission Expires: q-1 4.0Z
Susan M. Regan vp?
Notary Public
CQMMONNfEALTN OF IAASSACHUSEFT'$
UIV My Commission Expires
September 1.2028
19
Drinking Water Supply Protection CR — Higgins Crowell Road
Yarmouth, MA
APPROVAL OF SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS OF
THE COMMONWEALTH OF MASSACHUSETTS
The undersigned, Secretary of Energy and Environmental Affairs of the Commonwealth of
Massachusetts, hereby approves the foregoing Conservation Restriction from the Town of
Yarmouth, acting by and through its Select Board acting as its Board of Water Commissioners to
the Trustees of the Yarmouth Conservation Trust in the public interest pursuant to Section 32 of
Chapter 184 of the Massachusetts General Laws. /
Dated: f 2 _, 2024
Rebe6 a Tepper
Secretary Energy and Environmental Affairs
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss:
On this e:; day of c��'" ` , 2024, before me, the undersigned notary
public, personally appeared Rebecca L. Tepper and proved
to me through satisfactory evidence
of identification which was 4444 4& to be the person whose name is
signed on the proceeding or attached document, and acknowledged to me that she signed it
voluntarily for its stated purpose.
Notary u lic
My Commission Expires yn y
NaurNOTARY wua�W
com�Yf
My COMMIZEIOn ONPl/ff
3/ 17/20"
20
Drinking Water Supply Protection CR Higgins Crowell Road
Yarmouth, MA
EXHIBIT A
Description of the Premises
The land in Yarmouth, Barnstable County, Commonwealth of Massachusetts, containing the
entirety of ten (10) tracts of land totaling 9.689 acres, +/-, shown as Parcels 1 through 10 on a
plan of land titled "Plan of Land in West Yarmouth, Massachusetts for John T. Wiggin", dated
July 1, 1986, by Thomas E. Kelley, Professional Land Surveyor, 346 Long Pond Drive, South
Yarmouth, Mass 02664, recorded at the Barnstable County Registry of Deeds in Plan Book 420,
Page 59.
For title see deed dated December 7.2023 recorded in the Barnstable County Registry of Deeds
in Book 36123, Page 55.
Containing 9.689 acres, more or less.
Town of Yarmouth Assessors Map 64, Lots 30, 31, 32, 33, 34, and 35
and Map 74, Lots 1, 2, 3, and 4
Street Address: 423, 431, 435, 439, 443, 445, 451, 455, 461, and 465 Higgins Crowell Road,
Yarmouth, MA 02673
Drinking Water Supply Protection CR - Higgins Crowell Road
Yarmouth, MA
EXHIBIT B
Sketch Plan of Premises
For official full size plan see Barnstable County Registry of Deeds Plan Book 420 Page 59
OF .T46
N 4j F_
i C6 77745
�zsSF � �►
�o7Y,r a P
ap"e.
N
5 73 pe+ 5 Al
4ttQ/s./ ws • d W
Ol7DA� ; SIT
N `N 4
7S 4► W b.a
D
�r
• 44MSFtd
•j�gi'�d W
O NJAC
W 1
S 7! 4Oa0
CH Premises Parcels 1 through 10
44A SF
MWAa
u
WAY'
7
S
TS Ai y0 W
S
W
5
W
j3•x7$91
fA
I 5
_ IVA..�
_
a
B
409 SF
u
A A
Ub
a"o-
W
g7� � �
� ly
1MAf
_.
Excerpt of. x
25
�t
__ _ _
PLAN OF LA% EN ACFiU WEST YARMOUM MASSSETTS
69' 17' ID
W
_
FM
JOHN T WIGGIN
SCAM I' • SW I, so
O 70 GD ItQ_— ISO No
Kr~D N?iYAtlTT
MMOM 1 e AULEr
i
8d1M an" �1Mm
C2iM
I
22
t
Yq
CA
Drinking Water Supply Protection CR — Higgins Crowell Road
Yarmouth, MA
EXHIBIT C
Water Supply Protection Zones
u
NOTE. This Conservation Restriction
overlays land acquired for public water
supply protection pursuant to M.G.L c.40
s.39B, sAl and is subject to Article 97 of
the Amendments to the Constitution of
the Commonwealth of Massachusetts. �+
i
r.
N•
7
F
D
I
23
a
a
CL
C
Ai M
a.1
a
Drinking Water Supply Protection CR Higgins Crowell Road
Yarmouth, MA
EXHIBIT D
Attested Copy of Yarmouth Special Town Meeting Vote Authorizing the Use of CPA Funds
24
TOWN OF YARMOUTH
OFFICE OF THE TOWN CLERK
1146 ROUTE 28, SOUTH YARMOUTH, MA 02664
TELEPHONE 508-398-2231 Ext. 1212 FAX 508-760-4842
TOWN OF YARMOUTH
2022 SPECIAL TOWN MEETING
NOVEMBER 15, 2022
ARTICLE #19: Water Supply Protection Open Space Acquisition: To see if the Town will vote,
pursuant to the Community Preservation Act, G.L. c. 44B and other applicable authority: to purchase or
take by eminent domain, certain parcels of property totaling 9.6 acres, located on Higgins Crowell Road
at Assessors Map 54, Parcels 30, 31, 32, 33, 34 and 35 [Scrivener's error, actually Map 64, see motion],
and Assessors Map 74, Parcels 1, 2, 3, and 4; said property to be managed by the Yarmouth Board of
Water Commissioners and used exclusively for water supply protection and land conservation purposes
under M.G.L. c. 40, §39B and 41, and Article 97 of the Amendments to the Massachusetts Constitution;
and, to fund such purchase: transfer a sum of money from available Community Preservation funds and
transfer a sum of funds from the DPW Water Division Water Fund balance; and further to authorize the
Select Board or any other Town entity to accept and expend grants, including funding under the Drinking
Water Supply Protection grant (Chapter 312 of the Acts of 2008, § 2A, 2200-7017 and Chapter 209 of the
Acts of 2018, § 2A, 2000-7072), to assist in the purchase of said property and consistent with total costs
as stated in the DWSP application as amended; and further to authorize the Select Board to negotiate any
and all agreements and instruments associated with such purchase; and further to authorize the Select
Board to grant or accept perpetual restrictions limiting the use of the property as aforesaid.
EXPLANATION: This article would provide funding necessary to move forward with the acquisition of
almost 10 acres of vacant, undeveloped land, located on Higgins -Crowell Road. This land has been
approved for 10 units of single-family housing. This acquisition is in keeping with goals of the Town's
Open Space and Recreation Plan as well as the Water Master Plan which recommends the Town consider
acquiring properties within 1000' of existing wells. Acquisition of this property will help to protect our
drinking water.
213 Vote Required
Board of Selectmen Recommends (5-0) (Community Preservation Committee)
Finance Committee Recommends (4-0)
Community Preservation Committee Will Recommend from the Floor
MOTION: Made by Dorcas McGurrin, Member, Board of Selectmen. Seconded from the floor.
I move the Town vote, pursuant to the Community Preservation Act, G.L. c. 44B and any other
applicable authority: to purchase or take by eminent domain, certain parcels of property totaling 9.6
acres located on Higgins Crowell Road at Assessors Map 64, Parcels 30, 31, 32, 33, 34 and 35, and
Assessors Map 74, Parcels 1, 2, 3, and 4; said property to be managed by the Yarmouth Board of Water
Commissioners and used exclusively for water supply protection and land conservation purposes under
M.G.L. c. 40, Section 39B and 41, and Article 97 of the Amendments to the Massachusetts Constitution;
and to fund such purchase, transfer $600,000 from the Community Preservation Open Space Reserve,
transfer $300,000 from the Water Special Revenue Fund Reserves, and transfer $300,000 from the
Drinking Water Supply Protection (DWSP) grant (Chapter 312 of the Acts of 2008, Section 2A, 2200-
7017 and Chapter 209 of the Acts of 2018, Section 2A, 2000-7072), for a total of $1,200,000 for said
purchase; and further to authorize the Select Board or any other town entity to accept and expend any
grants to assist in the purchase of said property and consistent with total costs as stated in the DWSP
application as amended; and further to authorize the Select Board to negotiate any and all agreements
and instruments associated with such purchase; and further to authorize the Select Board to grant or
accept perpetual restrictions limiting the use of the property aforesaid.
Board of Selectmen Recommends (Dorcas McGurrin, Member, 5-0)
Finance Committee Recommends (Stefanie Coxe, Acting Chairperson, 4-0)
Community Preservation Committee Recommends (Joanne Crowley, Member, 6-0)
2/3 Vote Required
ACTION: Motion passes by a 213rds vote.
TFLUP,0QVATTEST:
WINO _
F,
Time: 8:23 PM
Drinking Water Supply Protection CR- Higgins Crowell Road
Yarmouth, MA
EXHIBIT E
Record of MassDEP Public Hearing and Approval of Land Acquisition
. Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
Southeast Regional Office • 20 Rivers. de Drive, Lakeville MA 02347.50B-94&2700
Charles D. Baker Bethany A Card
Govemor Secretary
Karyn B. Polito Martin Suuberg
Lieutenant Govemor Commasloner
Ms. Laurie Ruszala, Superintendent
Yarmouth Water Department
99 Buck Island Road
West Yarmouth, MA 02673
Dear Ms. Ruszala:
December 28, 2022
RE: YARMOUTH - Public Water Supply
Yarmouth Water Department
PWS ID #4350000
Approval of Land Acquisition
On December 20, 2022, the Massachusetts Department of Environmental Protection ("the Department's
held a hearing via Zoom Meeting on the sale of certain parcels of land or right in land in the Town of Yarmouth,
Massachusetts. The land in question was delineated on plans entered into the hearing as Exhibit #1. Please find
attached an Approval of Land Acquisition.
Please note that the signature on this cover letter indicates formal issuance of the attached
document. If you have any questions regarding this letter, please contact Allison Rescigno at 508-946-2763
or via email at Allison.Rescisnota' bnass.go_v.
Sincerely,
Jim McLaughlin, Chief
Drinking Water Program
Bureau of Water Resources
VAR
Attachment
ECC: Laurie Ruszala, LRuszala a Yarmouth.MA.US
Town of Yarmouth, Board of SelectmenlWater Commissioners, SelectmenQYarmouth.MA;US
[CC's - Continued on next page]
This Information Is available in alternate format. Please contact Mallxza Esenyle at W-626-1282.
TTYN MassRelay Service 1400.439.2370
MassoEP Webalte; www.moss.gov/dep
Printed on Recycled Paper
Jason Frazier
36 Cocheset Path
West Yarmouth, MA 02673
Joseph R & Susan Finnemore
34 Cocheset Path
West Yarmouth, MA 02673
Kenneth J & Beth A McGuire
32 Cocheset Path
West Yarmouth, MA 02673
Michael H & Michelle Dunbar
28 Cocheset Path
West Yarmouth, MA 02673
Phat T Truong
18 Cocheset Path
West Yarmouth
Jeffrey Newell
12 Cocheset Path
West Yarmouth, MA 02673
Robert & Patricia Newell
10 Cocheset Path
West Yarmouth, MA 02673
Hilaro Avitia
6 Cocheset Path
West Yarmouth, MA 02673
Kiran Baniya & Kalpana Khadka
492 Higgins Crowell Road
West Yarmouth, MA 02673
New Testament Baptist Church
of West Yarmouth
491.Higgins Crowell Road
West Yarmouth, MA 02673
Michael &Cassandra Moreshead
1 Kerry Lane
Hopkinton, MA 01748
Timothy & Kimberly Joyce
1 Kerry Lane
Hopkinton, MA 01748
Michael S & Denise Bouvier
87 Lumberjack Trail
West Yarmouth, MA 02673
Mattakeese Village Association
c/o Edgar DeSouza
34 Lumberjack Trail
West Yarmouth, MA 02673
Ann M Lamattino Trust
Karen Stanco Trust
45 Cheryl Drive
Waterbury, CT 06708
Adam P -& Terry A Beckloff
7 Lumberjack Trail
West Yarmouth, MA 02673
Mark & Sheila J Pallis
479 Higgins Crowell Road
West Yarmouth, MA 02673
Jonathon P Slomba
478 Higgins Crowell Road
West Yarmouth, MA 02673
Emad Abdel Wahab
c/o Emad Zahran
464 Higgins Crowell Road
West Yarmouth, MA 02673
Peter G & Katherine LJones
6 Chickadee Lane
West Yarmouth, MA 02673
Joao Pereira
14 Chickadee Lane
West Yarmouth, MA 02673
APPROVAL OF LAND ACQUISITION
Transmittal 0289122
On December 20, 2022 at 11:00 am, the Department of Environmental Protection held a public hearing
via Zoom Meeting on the proposed acquisition of a certain parcel of land in the Town of Yarmouth,
Massachusetts. The land to be acquired has a total area of 9.66 acres. The proposed use of the land is for
the sanitary protection of the Town of Yarmouth Water Department's Well #24. The land in question
was delineated on a plan entered into the hearing as Exhibit #1 and identified by the following title:
"Plan of Land in West Yarmouth, Massachusetts
For
JOHN T. WIGGIN — July 1,1986
Thomas E. Kelley
Professional Land Surveyor
346 Long Pond Drive
South Yarmouth, Mass
02664"
Testimony at the hearing illustrated the need for the acquisition of land for water supply protection
purposes. No one spoke in opposition of the land sale.
After reviewing the hydrogeological data available, this Department is of the opinion that acquisition of
the land in question by Yarmouth Water Department will serve to protect the public water supply at the
subject location.
The Department hereby approves the acquisition of the above -mentioned land with the following
provisions:
1. The original of the plan entered into the hearing as Exhibit #1 and the deed transferring title to Board
of Selectmen acting as the Board of Water Commissioners will be recorded at the Registry of Deeds.
2. The plan must include notation that the Department has approved the acquisition for water supply
protection in a communication specifying the date of December 28, 2022.
3. A copy of the recorded plan and deed must be furnished to the Department.
4. Department approval of this acquisition is effective for a period of three [31 years from the date of this
approval letter. The acquisition must be completed by December 27, 2025.
No Environmental Notification Form is required to be submitted for this project since it is categorically
exempt under the Environmental Protection Regulations of the Executive Office of Energy &
Environmental Affairs and the acquisition of the lands, as proposed, has therefore been determined to
cause no significant damage to the environment.
OARNBTABIE REGISTRY Of DEEDS
%ho f, M de, Register