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HomeMy WebLinkAboutYarmouth Conservation Trust Correspondence 12.10.2025Yannouc11 CONSERVATION Tnist YARMOUTH CONSERVATION TXRuST P.O. Box 376, YARMOUTH PORT, MA 02675 W W W.YARMOUTHCONSERVATIOtfMUST.ORG December 10, 2025 Cape Cod Hospital c/o Eliza Cox, Esq. LaTanzi Spaulding & Landreth, P.C. 20 West Road, P.O. Box 2300 Orleans, MA 02653 Re: Bayview Bogs Restoration Project Dear Ms. Cox: The Board of Trustees of the Yarmouth Conservation Trust (the "Trust"), as holder of the Conservation Restrictions recorded in the Barnstable County Registry of Deeds in Book 13404, Page 182 and in Book 25392, Page 51 (the "Restrictions"), has reviewed your correspondence dated November 13, 2025 on behalf of Cape Cod Hospital (the "Hospital") regarding the proposed ecological restoration of the 90-acre Bayview Bogs site in West Yarmouth (the "Project"). The Trust appreciates the Hospital's and its partners' efforts to restore the site to a functioning wetland ecosystem, enhance wildlife habitat, and expand opportunities for passive recreation and public access consistent with the purposes of the Restrictions. As noted above, Conservation Restrictions are recorded and are part of the title for this property. Any proposals not in conformity with these Restrictions cannot be approved orally or through correspondence, they must be revised by proposing an Amendment to the Restrictions. Accordingly, the Trust provides the following responses and authorizations for those portions of the Project that are subject to the Restrictions: 1. Ecological Restoration Work Pursuant to Section B(5) of the Restrictions, the Trust hereby provides its written permission for the proposed ecological restoration activities described in your letter, including removal of berms and water control structures, filling of agricultural ditches, regrading, and vegetation clearing as necessary to restore native wetland hydrology and habitat. These measures are consistent with the intent of Section B(5) to "restore native biotic communities and to maintain, enhance, or restore wildlife or wildlife habitat." 2. Educational and Directional Sianage, Benches, and Other Small Structures Pursuant to Section B(4) of the Restrictions, the Trust hereby approves the installation of up to 10 educational and directional signs and other interpretive features and up to 20 benches and other seating structures within the restricted areas of the site. Understanding that these features remain to be designed, the Trust approves such signage, provided each sign does not exceed 5 feet in height and 8 feet in area and is reviewed and approved by the Town. Similarly, the Trust approves overlooks, benches, platform seating including approaches, and other seating structures, provided that each such structure does not exceed 100 square feet in size. Collectively, the signs and structures described in your letter serve educational and passive recreational purposes. Further, they will be designed and located to avoid adverse impacts to the conservation values protected by the Restrictions, while simultaneously enhancing and improving public access to the site. 3. Trail System and Elevated Boardwalks Section B(2) of the Restrictions, which authorizes the "construction, maintenance and marking of trails..." refers to natural dirt trails. As such, only the perimeter dirt trails, overlooks and trail crossings are hereby approved. The proposed elevated boardwalk is a man-made structure and is prohibited under Section A(1) of the Restrictions. The Restrictions would have to be amended to allow this specific structure (boardwalk) to be constructed on this site. The Trust is most willing to support amending the Restrictions for this purpose. Once the Restrictions are amended to allow, with Grantee approval, for the one elevated boardwalk crossing the center of the main bog, the Trust would then need to specifically approve the boardwalk portion of the Project. Again, we support the intent of the boardwalk to enable greater access and educational opportunities on the site, but we cannot accept any interpretation of the boardwalk as anything other than a structure. We do not conclude that it is included in the "construction —of trails" provision. Accordingly, the Project can move forward with the outer dirt trail, overlooks and trail crossings in Phase I and then wait for the approval of the boardwalk in Phase II, or wait until the amended Restrictions are approved and filed. The Trust appreciates the thoughtful approach to the design and implementation of this Project and recognizes the significant ecological and community benefits it will provide. This is a limited consent as referred to above and to only those portions of the Project that are subject to the Restrictions. The Trust requests that any future design changes requiring approval under the Restrictions be brought to its attention for review in advance. The Trust would also like to attend meetings with the Yarmouth Departments as the approval process proceeds. Sincerely, � �4,� T�\ QxV �L V-ALi) Christine Marzigliano President/Trustee cc Mark Forest, CCCD B. DiRienzo, Conservation Comm.