R eco rd year for Brewster land pro tection
Transcription
R eco rd year for Brewster land pro tection
Brewster Conservation Trust w w w. b re w s t e rc o n s e rv a t i o n t ru s t . o r g Volume 17 Annual meeting to hear Animal Welfare chief Twenty-five years ago, a small group of Brewster activists decided that Brewster needed a conservation trust. Such decisions are often sparked by a controversy over some land use proposal but that wasn’t the case here, according to Roger O’Day, one of the original group. “We saw the work that trusts were doing in neighboring communities and realized the time had come to do likewise,” he said. In that group beside himself, he recalled, were Ruth and Mary Louise Eddy, Howard Hayes and Peter Soule. They took the steps to forming the Brewster Conservation Trust, and O’Day and Soule remain active to this day, O’Day as secretary and Soule as treasurer. In those 25 years, BCT has protected 663 acres of open space in Brewster – wetlands, scenic vistas, pond shores, wildlife habitat, water resource lands – an achievement worthy of note. And it will be noted with champagne and birthday cake at the annual BCT meeting on Wednesday, Aug. 6, at 7:00 p.m. at the Cape Cod Museum of Natural History. The guest speaker for the occasion will be Fred O'Regan, president of the International Fund for Animal Welfare, a man who has vast experience Number 1 June 2008 in international development and environmental protection. The IFAW, which is headquartered at Exit 7 of the Mid-Cape Highway, has a staff of 200 and offices in 15 countries. O’Regan has been in the Peace Corps (Swaziland), in community action (Cambridge), and headed a Rural Enterprise Program (Kenya). He has consulted on local economic development programs in the U.S. and the Third World, been a program director at the Aspen Institute and a regional director of the Peace Corps (Europe, Central Asia and the Mediterranean). He’s also been a visiting professor at the Woodrow Wilson School of Princeton University and has authored or co-authored numerous papers and two books on economic development among the poor. A native of Winthrop, MA, he did his undergraduate work at Marquette University and a master’s degree at Catholic University. He now lives in Barnstable and remains an avid naturalist and hiker. The public is cordially invited to hear O’Regan’s message. The program will also feature the Brewster Conservationist of the Year award, and the special refreshments. Protecting Brewster’s Water page 8 Brewster Conservation Trust Dear Brewster Conservation Trust members and friends, If you believe the main BCT role in Brewster is to protect lands of high environmental or scenic value from inappropriate development, it’s understandable. That is indeed a major task of BCT and an important one it is. But our interests are much broader than that. Our middle name, after all, is “conservation.” So we take a vigorous interest in the health of the salt marshes, the purity of the ponds, the habitat of the warblers, and much else. We can’t possibly acquire all the lands that would assure the good environmental health of Brewster. Instead, we work to protect these interests in other ways. One such way is described elsewhere in this newsletter in an article about the community effort to protect its groundwater sources. The BCT believes that effort is crucial to the community – it’s our drinking water, after all -- and so we are doing all we can to help. We participate as citizens in the hard decisions that must be made; we offer our experience in land research and in public communication; we collaborate with the Cape Cod Museum of Natural History, the Brewster Historical Society, the town Conservation Commission, the town’s gardeners, young and old, and anyone who cares about the Brewster environment. These activities may not sound like high-cost items; they certainly are not as costly as buying land. But they do take money for various kinds of services and supplies, and so we need your contributions. Please use the envelope stapled into this newsletter to contribute as generously as you can, to assure that the BCT can continue its conservation work in the broadest sense. Sincerely, Peter Johnson, president Brewster Conservation Trust 2 Brewster Conservation Trust Shed donated to the town by BCT is ready to roll to Upper Mill Pond, for use as recreation department storage. The shed, being moved by the town DPW, was on Rt. 6A property given to the Trust. The house visible at left was also offered to any taker but the cost of moving it proved prohibitive. Record year for Brewster land protection! As Brewster Conservation Trust celebrates its 25th anniversary year, we need to catch our breath. The last 12 months have been the busiest ever in terms of lands newly protected. Since our June 2007 newsletter we have completed 13 projects, preserving almost 82 acres. We have protected 663 acres since BCT was chartered in 1983 and have become the largest private landowner in Brewster. We take our responsibility for managing that important open space very seriously, but we realize we must continue to work with the land-owners of Brewster to help protect the water resources, the wildlife habitat and the scenic vistas of the town. Here is a breakdown of our most recent land protection actions: Land gifts and purchases The most visible BCT acquisition is land on the north side of Rt. 6A, the last Brewster property before the Dennis town line, the gift of Daryl Bladen in memory of her late husband Chris. One parcel of seven acres consists of the marshy headwaters of Brewster Conservation Trust Quivett Creek, upstream of the refurbished Sea Street Dike. A separate half-acre lot had a 1970s house on it; the septic system is essentially in the marsh. Daryl stipulated that BCT remove the house and restore the site to a natural setting. After unsuccessfully offering the house to be used as affordable housing on another site, BCT scheduled demolition in June. The town moved an adjacent shed to the Middle Pond landing for use as Recreation Department storage. A 2.7-acre parcel of pine and oak woods next to the Punkhorn Parklands has been acquired from Frank and Florence Plona for $40,000. A BCT mailing that described conservation options for landowners triggered the Plonas’ decision to offer the land for conservation. A cart path passes by the parcel, an entry to the miles of Punkhorn trails. The state provided a $20,000 Conservation Partnership grant, the third one BCT has received in the past three years. Tony Daniels of Mashpee and her parents donated 2.42 acres of maple swamp located between Main Street Continued on Page 4 Record year for Brewster land protection! Continued from Page 3 and Fiddlers Lane. The swamp was once a cranberry bog but 50 years of re-growth has made it terrific warbler habitat, another in the BCT’s mosaic of wildlife-rich parcels along Lower Road. A .69-acre lot on Spring Lane was purchased from Fr a n c e s Manion for $25,000. The lot is t h i ckly wooded with oaks and maples and drains a spring north to Freemans Pond. The Cape Cod Five Cents Savings Bank Charitable Foundation provided a $5,000 grant towards the purchase. The parcel abuts another BCT lot and a 9-acre parcel of Town conservation land. executive director of the Compact of Cape Cod Conservation Trusts. “Ordinarily the land trusts of the Cape process about 12 or 15 CRs a year,” Robinson said. “In 2007 we handled 47 such transactions.” Here are conservation restrictions recorded by BCT at the end of 2007: Richard and Judy Galligan protected their 7-acre woodlot between Stony Continued on Page 5 2007: Year of the CR Brewster landowners took good advantage of an enhanced federal income tax deduction for conservation restrictions (CR) last year. BCT completed six new conservation restrictions -- legal agreements in which the landowner relinquishes the right to maximize the building potential of the property. Land-owners may claim the difference between the value of the land without and with the CR as an income tax deduction. In 2007, Congress allowed landowners to accelerate and extend the CR deduction for up to 16 years. The law was renewed for two years this spring. Across the Cape, the program almost doubled land protection in 2007, according to Mark Robinson, 4 Osprey stands guard above Paines Creek Marsh. The woods behind is owned by the Brewster Conservation Trust. Brewster Conservation Trust Record year for Brewster land protection! Continued from Page 4 Brook and Satucket Roads which includes an old cartpath and the homestead site of one of Brewster’s earliest black families. The pine woods adjoins 20 acres of town conservation land. Lisa LaBrecque preserved a .68acre meadow lot along Crocker Lane. It abuts a stream draining My r i cks Pond to the Co n s i d i n e D i t ch. BCT will help Ms. LaBrecque decide how to keep Japanese knotweed, an invasive species, from overrunning the field. Carmen Scherzo owns a small waterfront lot on Cape Cod Bay in front of his new home. While he secured a plan for siting a house on the .2-acre lot, he preferred to see open space. His CR keeps the dune habitat intact and prevents another septic system near coastal waters. Brent and Linda Bowers, who live on Wild Pond in West Brewster, put a CR on 3.68 acres around their home to preserve part of the pondshore and the pine woods behind. Two box turtles, found nestling in their woods, will benefit from the CR’s protection. Also, BCT took a CR over 29 acres on the west side of Stony Brook Creek, adjacent to the 10-acre Stranahan property just purchased by the town. It’s a hilly woodland with important habitat and high value for preserving the water quality in the herring run. Brewster Conservation Trust We noted two CRs, at Stony Brook and on Tubman Road, in our last newsletter. All told, 48.5 acres were protected under private conservation restrictions over the past year. In addition, the Town has assigned CRs on three parcels to BCT, at Walkers Pond, Betty’s Curve Park, and the new Stony Brook Preserve. The Land Bank Act and Community Preservation Act laws require the town to convey CRs on parcels bought with these funds to a local land trust or state agency. BCT is happy to provide this extra layer of protection to town lands. Annual Meeting Brewster Conservation Trust Wednesday, Aug. 6, 7 p.m. Cape Cod Museum of Natural History Speaker: Fred O’Regan, IFAW All are welcome. 5 The rich Brewster legacy of John and Kristi Hay By Beth Finch John and Kristi Hay, Brewster residents from 1945 until their retirement to Maine in 2004, contributed their talents to the town for nearly 60 years. John, co-founder of the Cape Cod Museum of Natural History and its president for 25 years, is a prizewinning writer of books on nature, including “The Run,” which celebrates the remarkable life story of the alewives that make an heroic annual journey up the herring run to spawn in Brewster ponds. By studying one species in depth and with appreciation, he conveys its uniqueness and yet shows how all nature is interconnected, a theme carried further in his subsequent books. To a generation of former Brewster Elementary School students, he may also be known as the husband of Kristi Hay. Kristi’s love of children and books, her dedication to the Brewster Ladies’ Library and its Children’s Room, made her the logical choice to be the first librarian for the Brewster Elementary School, where she developed a collection, created educational programs and instilled a love of reading. The Town has honored their work by naming the new trail in the recently-purchased Stranahan parcel, next to the museum’s Stony Brook Preserve, the John and Kristi Hay Trail. A dedication was being planned for this summer. John was an early member of the Brewster Conservation Commission and led the movement to protect the 6 John Hay and the late Kristi Hay at their Maine home. Brewster Conservation Trust John and Kristi Hay Continued from Page 4 Brewster marshes around Quivett and Paines Creeks in the west of Town and along Namskaket Creek in the east, the first purchases for conservation made by the Town. Some 20 years later John and Kristi donated six acres of land on Red Top Road to the town, and in 1992 they used a conservation restriction held by the Brewster Conservation Trust to protect another 53 acres around their home. The land in part had been purchased with John’s army pay: $25 an acre for “10 acres more or less.” The first tax bill (for $4) defined the size of the $250 purchase more precisely as 18 acres. The land they protected in West Brewster is a vital link in a wildlife corridor connecting the De n n i s watershed with the Pu n k h o r n Parklands and preserves habitat for box turtles, lady slippers and, yes, coyotes. John Hay’s writings show a way for each of us to find a deeper connection to our own nature and to the natural world around us. The legacy of John and Kristi Hay enriches all Brewster residents. John’s understanding that the marshes are the nursery of life brought about the purchase of the Brewster marshes. His deep connection to the land, the beach and the water led to the founding of the Museum to, as he said, bring the indoors out: to show visitors and residents the intricacy and splendor of this fragile peninsula. With a goal to reestablish a relationship between humankind and all other living beings, John, Kristi and their family have preserved a legacy of ideas, of education, and land so all Brewster residents, those with scales or shells, with roots or wings, as well as those with two feet, can have a home of their own. Check it out This is what a $500,000 check looks like when the state hands it out. It was a state grant to help the town buy the Shanahan property beside Stony Brook. From left are Elizabeth Taylor, chair of the town open space committee; Elliott Carr, chair of the town community preservation committee, Selectman Ed Lewis and Ian Bowles, Secretary of Energy and the Environment. Brewster Conservation Trust 7 Better protection for underground water Whether you get your water from the town’s wells or your own well, you depend on clean water from underground – just like all Cape Codders. We don’t have big surface reservoirs that store water; all we have is groundwater. We don’t dare let it get polluted. So far, Brewster has been fortunate – its municipal water sources are in the far corners of Town where development has been held at bay. But that’s changing, and several recent experiences have demonstrated the weakness of our protective measures. Town volunteers and staff have been struggling to strengthen them, but it’s complex and difficult work. To get a time-out, the Town successfully petitioned the Cape Cod Commission to establish a District of Critical Planning Concern, which fends off most development activities in the district for a year while the rule-writing goes forward. We’ll hear a lot on the subject in coming months. The source of water The Monomoy Lens of groundwater lies under a large swath of the Cape – Brewster, Orleans, Harwich, Chatham and Dennis. Water for 95 percent of the Town comes from wells off Freeman’s Way, in an industrial zone in the southeast end of Town, and in the Punkhorn in the southwest corner. The other towns tap the lens also. 8 The Town and the Brewster Conservation Trust, with the help of the Compact of Cape Co d Conservation Trusts, have acquired considerable acreage near the wells, in the so-called “zones of contribution” and beyond, but most of the land over the Monomoy Lens remains in private hands. To protect groundwater from being tainted by above-ground activities, a Groundwater Protection District was created and the Water Quality Review Committee was established in 1994. In the district, which covers the zones of contribution, many activities are prohibited: dumping, landfilling, storage of pesticides and manure, etc. Other activities are allowed with a special permit. But pre-existing uses are grandfathered. The Town’s DCPC application describes fires, illegal dumping, “storage and burying of unknown materials, breaches of groundwater,” sediment and erosion from land-clearing and excavation. Animal waste disposal and the use of fertilizers, herbicides and pesticides, all grave threats to groundwater, are essentially unmonitored. Threats unknown What is taking place on those lands that might harm the underground water? We don’t know and we badly need to know. Clearly, monitoring and enforcement must be intensified. Brewster Conservation Trust The District of Critical Planning Concern covers the zones of contribution above the underground sources of Brewster water supply. But enforcement of what? The protective net over our precious groundwater, the bylaws and regulations, has many gaping holes. Consequently, much revising and rewriting is underway. One goal is to give the Water Quality Review Committee more authority. Another goal is to bring land-clearing and earth excavation activities under greater scrutiny. Here’s a telling example: currently, sand and gravel can be stripped to within four feet of historic high groundwater levels. Four feet of soil that is little more than sand is not much of a barrier to errant spills of fuel or herbicide. A proposed new bylaw would require 10 feet of separation. Brewster Conservation Trust But a more basic problem is that zoning regulations are poor instruments to protect us from health hazards. That’s the job of the Board of Health, which has authority to investigate activities that other boards do not, and it too must play a more vigorous role. Of course, Brewster can’t go it alone in this effort. Close collaboration with Orleans, Harwich and Dennis are necessary to fully protect our water supply. The Cape Cod Water Collaborative exists to promote joint protection efforts here and throughout the Cape. 9 Scouting the Spotted Salamander . . . By Debra Ann Johnson Here we are in summertime, searching for the outdoor classroom that was used two months earlier to teach us how to identify a vernal pool. But all we can find is a depression in the ground, where once the frogs loudly made their presence known. However, we know that an amazing variety of little critters call it home, which is why vernal pools fill an important niche in the environment and why it’s important to protect them. That’s what drew 20 volunteers to the Cape Cod Museum of Natural History on April 8 to kick off the Vernal Pools Certification project jointly sponsored by the Museum and the Brewster Conservation Trust. Jo Ann Muramoto, senior scientist of the Association to Preserve Cape Cod (APCC) and Massachusetts Bays Program Coordinator, was the instructor. The program is patterned after one in Harwich which in two years has certified or is certifying 36 vernal pools. Jim Van Baalen, a CCMNH volunteer, and Don Keeran, a BCT trustee and APCC assistant director, are the “go-to people” for the Brewster group. The plan is to focus on possible vernal pool sites on BCT, town, and state properties during their short lifespan, about three months each spring. Dr. Jo Ann Muramoto, at left, senior scientist at the Association to Preserve Cape Cod, describes the elusive denizens of the vernal pool. 10 Brewster Conservation Trust . . . that proves it’s a vernal pool Already, the effort has found five vernal pools to be offered for certification, and two “probables,” Keeran reports. Vernal pools, Jo Ann explained in her training session, are a unique and increasingly vulnerable type of wetland, home to many species, some of which are totally dependent on the vernal pool ecosystem. While some vernal pools may contain water year round, they must b e free of fish to be certified. Amphibians such as the wood frog and some salamanders can breed successfully in these pools only because there are no fish to eat the eggs they lay. Following the introductory lesson, Jo Ann and the volunteers trooped off to a vernal pool that was identified last spring on BCT land. Tara Nye, APCC staff biologist, used a GPS instrument to mark the location, making the point that vernal pools must be pin-pointed on a USGS topographic map to be certified. Jo Ann sent the volunteers searching for “obligate species” -amphibians and invertebrates that need vernal pools for all or a portion of their life cycle. Examples are wood frogs and spotted salamanders. At least one such species must be found in order to certify a vernal pool. It didn’t take long for people to find spotted salamander egg masses and a fairy shrimp, which was scooped up in a white enamel pan and passed around for all to observe. Brewster Conservation Trust The group was also on the lookout for “facultative species,” which use vernal pools for all or a portion of their life cycle but can survive in other water bodies. Examples are spring peeper frogs and dragonfly nymphs. Listening to the croaking of the wood frogs, Jo Ann noted that a recording of the frog breeding chorus could also be used to identify a vernal pool! The Massachusetts Na t u r a l Heritage and Endangered Species Program (NHESP) administers the certification program. Certification requires proof that a confined basin provides wildlife habitat with the criteria listed in the “Guidelines for the Certification of Vernal Pool Habitat.” The observer submits a report to the NHESP, which assesses it and then certifies the pool. The observer, the local conservation commission, the regional office of the Department of Environmental Protection and the landowner (in this case, the BCT) are all notified of the certification, and the pool is plotted on NHESP’s “Estimated Habitats of Rare Wetlands Wildlife and Ce r t i f i e d Vernal Pools.” The process takes time, but adds a layer of protection to this unique habitat. If you are interested in working on the vernal pool project, call Don at 508-362-4226 or Jim at 508-8969048. Join the group that’s waiting to put our new-found knowledge to the test next spring. 11 Best time ever for preserving your land By Mark H. Robinson If you have ever thought about preserving your land, now is the time to act. Congress has renewed a remarkable program that enables owners of important natural resources to get tax benefits for donating permanent conservation restrictions (CRs) on their properties. But it’s temporary: landowners must complete the CR before the end of 2009 to qualify. A landowner can deduct the difference in land value before and after donating a CR. Before 2006, donors could deduct only up to 30 percent of their income each year for six years. For low-income taxpayers, the deduction might have been too large to use up in six years. Then a new law allowed donors to deduct 50 percent of their income each year for 16 years. Under those terms, few donors will leave any deduction “on the table.” That law expired at the end of 2007; it was renewed this spring. One example: a landowner with annual income of $100,000 has a property worth $1,000,000. She donates a CR on the property to the local land trust. She keeps title and privacy and management control, but extinguishes certain development rights, such as subdivision potential. The property still has some value as part of her estate, say $200,000. The difference of $800,000 is the charitable deduction for federal income taxes. Under the old rule, this deduction would reduce income tax $45,000 over six years. 12 With the new rule, she will save $200,000 over 16 years. A primer on conservation restrictions: you do not give up title to the land. You still own it; you can sell it or give it to heirs. You agree to relinquish the right to build houses on it, or to preserve resource areas. You negotiate the CR terms to retain your customary uses or future needs. You may or may not allow public access. To receive the tax benefits, the CR must be permanent. An outside entity, such as a land trust or a town conservation commission, must hold the CR, with the right to monitor the land annually and enforce the terms. The town benefits in several ways. The community gets the benefit of the open space without buying it and without being responsible for maintaining the land and its costs. For a confidential consultation to see if a CR works for you and your Cape Cod property, contact Mark Robinson at the Compact’s email: c o m p a c t @ c a p e . c o m or call him at 508-362-2565. Robinson has served as executive director of The Compact of Cape Cod Conservation Trusts since 1986. He has guided more than 150 conservation restrictions to completion. eb Wsite w w w. c o m p a c t. c a p e . c o m has more information on local land trusts,RC s and the new tax law. Brewster Conservation Trust Students learning about Cape Cod nature The children of grades K-2 in Stony Brook Elementary School, 233 in all, enjoyed an introduction to environmental education at the Cape Cod Museum of Natural History in April. An awesome time was had by both pupils and staff, as the faces show. Photos by Ray Jasinski The visit was funded by a grant from the Brewster Conservation Trust. Brewster Conservation Trust 13 Contributions to BCT . . . In memory of Philip W. Anastasia Grace L. Anastasia Jennifer K. Baringer Nancy & Charles Baringer Jasper Blanchard William & Linda Mills Ursula Gainty Dick & Donna Curtis Darthea W. Bulwidas Jack & Karen Bulwidas Betty Eldredge Daniel Eldredge Ida Ellis Jane & Rich Jesser Joan Haney Joan & Timothy Hogan William C. Harvey Lorraine C. Harvey Michael C. Hawley Winnifred H. Hawley Kristi Hay Richard & Marsha Deperro Jonathan Jorge Anne M. Walther Hayes Margaret Kamarck Elliott & Sue Carr Jeffrey Donn Cindy & Howie Graham Sally Gunning Martin & Elaine Kamarck M.J. McDonald Nancy Mutty Arthur & Pamela Praetsch John Latham Betty H. Latham Richard Lazarus Ellen & Leonard Farwell Helen Mehne Brian & Brooke Shea Frances Michaels Robert & Ann Michaels Madelyne Norton Deborah A. Norton Our Parents Brian R. & Donna S. Murphy Joan Paine Charles Davis 14 James B. Pond Harry Anderson Peter & Sandy Brooks Mr. & Mrs. Matthew Couzens Sarah Doyle Howard & Lucinda Graham John & Earlyn Harvey Chippy & Mac Holladay The Kapp Companies, Inc. Andrew & Margaret Kamarck Lillian McCarthy Cornelia Montgomery & David Engman Herb & Sue Montgomery Nancy Mutty Anthony Pond Robert C, Pond Dan Leahy & Julia Rabin Bill Secor Alice & John Sparks Priscilla & Dick Stahl Betsy Van Sant Mr. & Mrs. Christopher Wallace Mary Jane & Randy Williams Norman Robinson Ellie & Peter Johnson Jean & Roy Smith Natalie Robinson Eleanor Smith Rogers Crispin & Christine Fletcher Marian Schloemer Clare Neuman Herbert Smith Mr. & Mrs. T.P. Heuchling Herbert & May Smith Christine Johnson & Derek Halberg John J. Sullivan Hilary S. Hickok Jane Wagoner Cal & Karen Mutti David S. Wexler Madelin Wexler Brewster Conservation Trust In honor of Beautiful Brewster Kit Reynolds & Mike Schwimmer Beth Finch Mary Haynes & Doug Wilcox Harold & Penny Goldman Barry & Nancy Rosen The Johnson Family Carroll & Jane Johnson Debra Johnson JoAnn & Dwight Ritter Ellie & Peter Johnson Jon Miskowski & Mary Sarnowski Keith Johnson Family Leonard & Pat Johnson Judy McCarthy Liz Gordon & Tavia Ossola Chip & Sandi Weisel Roberta G. Weisel Memorials and bequests What could be a more appropriate way to honor the memory of a loved one who has passed on than to give a donation to the Brewster Conservation Trust “in lieu of flowers”? It’s a gift that never wilts, a gift that will help protect lands of special beauty or environmental value in Brewster. The BCT welcomes such memorials and records them in our next newsletter. The address to be used for that purpose is PO Box 268, Brewster, MA, 02631. We also welcome bequests, which may be made in several ways. Mark Robinson of The Compact of Cape Cod Conservation Trusts is available at 508362-2565 or e-mail: [email protected] for guidance on planning a bequest or gift. How the garden grows! As landowner of the community garden on Lower Road, the Brewster Conservation Trust became concerned this spring about the waiting list of 33 would-be gardeners. There was plenty of untilled land in the field so the solution was obvious: expand the garden. The fence came down on the south side of the garden, new fence went up and sod was broken. The garden grew Brewster Conservation Trust from an acre to an acre and a half; the number of individual 20x20-foot plots grew from 44 to 65. And now the waiting list is pretty much wiped out, reports Denise Rego at the Council on Aging, which administers the garden for BCT. Trustees Debra Johnson and Peter Herrmann managed the expansion for BCT. 15