12/7/2009 BOARD OF SELECTMEN Minutes

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i Following are key points regarding the Conservation Restriction in Section 5 of New Seabury to be wanted by New Seabury Properties LLC to Orenda wildlife Trust... 1. The granting of a Conservation Restriction over some 21 acres of land in Section 5 of New Seabury is a requirement of the Agreement for Judgment (AFJ) between the Cape Cod Commission and New Seabury Properties, 'LLC (NSP). The AFJ, which is an order of the court,, states, in part, that "the Conservation restriction and Conservation Restriction Area plan shall be...reorded at the Registry of Deeds or registry District of the Lard Court...prior to occupation of any new permanent buildings in Section 5..." 2. The Conservation Restriction Area plan, which requires that tern (1 0) specific parcels in Section 5 be made subject to a Conservation restriction, is part of the A.F.Q. The AFJ also requires that an additional 25,300 SF of land be placed under Conservation Restriction once the final layout of development in Section 5 has been determined. The AFJ provides that this additional 25,300 SF may be located in one of two specific locations, depending on the plan of development...either northwest of the -tennis center, or adjacent to Conservation restriction Area #6 surrounding the Mashpee water District wells. 3. In addition to granting the Conservation Restriction on 21 acres in Section. 5,, NSP is donating the 2 -acre witch Pond parcel that abuts Section 5 on the south to orenda. This gift, which will occur simultaneously with recording. the Conservation Restriction, is the principal reason that orenda is willing to accept the Conservation restriction in Section 5. The witch Pond parcel is ecologically rich and will he an important addition to the network of publicly owned lards on the Great Neck Peninsula. r 4. Because some of the parcels that comprise the court-approved Conservation ' a Restriction area are small and discontinuous, the Conservation restriction i. document includes a provision II. J. whereby Conservation Restriction Areas 1 through 4 may be consolidated in the future in order to enhance the E conservation values of the overall conservation "restriction. whether this happens depends on whether the final development plan for Section 5 can . accommodate this chane and approval of the change b the F change, Pp g � gape hod � Commission and the Grantee. If this change is made, the total land area a subject to conservation restriction in Section 5 will still be no loss than 21 4 ' f acres. I - . The Conservation Restriction that is before the Mashpee Board of Selectmen k for approval has been approved by the Cape Cod Commission, reviewed by the state's Executive office of Energy & Environmental Affairs L , ' and recommended d for approval by the Mashpee Conservation Commission. F Following action by the Board of Selectmen, the Conservation Restriction will