4/18/1991 CONSERVATION COMMISSION Minutes

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Conservation Commission April. 1 , 1991 Page 2. to landowners and town officials and bring clarity and focus to this program. Approval is required by the Board of Selectmen then on up to the Secretary of Environmental A furs. Those signoffs make it final, in perpetuity. Lana can still be bought and sola but with restrictions, i.e. , prohibition of new buildings or roads, dumping, excessive vegetation clearing, excavation. Falmouth is considering a policy; Barnstable, Bourne and Sandwich have one approved. Open space is seared without millions of dollars spent. The town would not be responsible for maintenance of the property. He spoke with Dave Bailey of the Assessors who had experience with restrictlons in his former ,fob and understands the concept and need. The restriction has to be held by a governmental body such as the Commission, or a private non-profit organization such as Citizens for the Protection of Juoit Bay. To the question of who would do the "Gum Shoe Work", W. Robinson stated the grantee would enforce and if violation seek restitution. The holder of the restriction must monitor and enforce if necessary. The Commission felt impact on the tax base and decrease to town income would be a consideration. Documentation would be necessary to prove it enhances the town. Mr. Robinson stated the number of people coming forward for this program is not large. Towns should only approve those granted in perpetuity. Most who coo come forward do it with a sincere desire to protect lands, not for financial reasons. Fiscal impact analyses have been done and one is going on now in Barnstable which would have been o acres, 92 house subdivision., and the town purchased it. The Sandwich study came out of the Model, Towns Program. Copy to be secured). The percentage of tax relief from restrictions is a standard of 75 - 90 reduction, if developable upland. Restriction does not provide public access to the property, it is negotiable. If not provided, it must be demonstrated there is some other public benefit that will accrue such as protecting a resource, a rare species habitat, wellfield, etc. The issue of minimum size is relevant only after identifying resource on the property. 2800 acres on Cape Cod have .been protected by Conservation Restrictions; 27,000 i the Corr onweal.th of Massachusetts; 1. million nationwide, The State Restriction Law was adopted in 1969, 184 Sect. 31-33. The only state in the country with town- state approval. for -restrictions. - To get out of a restriction (only 4 out of 900 agreements) involved giving something else, another donated piece of land or a cash settlement. It re tures a vote of the holden; there must be a vote through town meeting (2/3 vote) and approval by the Secretary of Environmental Affairs, after MEPA review; and finally, vote of the State Legislature. There are penalties or roll-back taxes on the land if released. It is intended for people co nitted to the idea. Sandy McLean of the Citizens For the Protection of Wauoit Bay stated it is the practical way to go to maintain open space. The consensus of the Board was that this should be pursued by the Commission. 7:45 MASSIMO GIORDANO, for a Determination of Appll.cability on a ,proposal t install two Title v sewage disposal systems to replace two existing cesspool systems that have failed at 30 Spoondrift .Way. Dave Sanicki presented abutter receipts. There is presently a double service, one in the back which serves one bedroom and on the other side of the lot there are two cesspools that service the kitchen and two bedrooms. They will be pumped and filled in. Two systems are proposed with