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Broad Brook Gap-Kubosiak LAND Grant Baseline - signed BASELINE DOCUMENTATION REPORT and LAND MANAGEMENT PLAN Massachusetts Executive Office of Energy and Environmental Affairs Local Acquisitions for Natural Diversity (LAND) Grant Program Property name: Broad Brook-Fitzgerald Lake Greenway, “Broad Brook Gap-Kubosiak” Section Municipality: City of Northampton Date acquired: February 25, 2013 (updated after report completion) Registry: Hampshire Book/page: 11228/282 (updated after report completion) LAND #: 17 Date of report: January 8, 2013 Property location: westerly side of Coles Meadow Road Size: ~80 acres Interest held by city/town: Fee Simple Other interest holders: Kestrel Land Trust – Conservation Restriction Table of Contents Section I: Property Information 1. Property description 2. LAND grant program regulations 3. Legal protection 4. Contact information 5. Land Use and Management Plan (if fee owned by town) and/or Copy of Conservation Restriction (if CR) or Section II: Maps 1. Resource map 2. Monitoring map Section III: Site Visit Report 1. General information 2. Current property conditions 3. Boundary conditions Section IV: Photographs 1. Photo location map 2. List of photographs 3. Photographs Section V: Amendments Section VI: Signatures Section I: Property Information I.1. Property description The Broad Brook Gap-Kubosiak Section of the Broad Brook-Fitzgerald Lake Greenway, lo- cated on the westerly side of Coles Meadow Road, Assessors’ map/lot 8/56 & 8/67, is owned by the City of Northampton, under care and control of the Conservation Commission, for the purposes of conservation and passive recreation, in perpetuity. It was recorded on February 25, 2013, in Book 11228, Page 282 in the Hampshire County Registry of Deeds (updated after report completion). I.2. Local Acquisitions for Natural Diversity (LAND) grant program regulations This property is permanently protected open space, for conservation and passive recreation only. It is subject to the standards and guidelines in 301 CMR 5.00: Self-Help and Urban Self-Help Programs, of the Division of Conservation Services, Executive Office of Energy and Environmental Affairs (EEA). Excerpted here are some of the major points: - 5.06(4): Under the care and control of the City of Northampton Conservation Commis- sion - 5.09(1): The property must be used at all times for open space conservation and passive recreation purposes only, in accordance with MGL Ch. 132A, Sec. 11 - 5.09(1): The property is permanently protected under Article 97 of the Massachusetts Constitution, and may not be converted to other uses. Municipalities must pursue all fea- sible alternatives to conversion of grant-funded land. If conversion is finally determined to be the only possible choice, all of the following must occur: municipal approval of the conversion; a two-thirds majority vote of both houses of the state legislature; replacement of the land with new conservation land that is of equal or greater fair market value at the time of conversion, and of equal or greater acreage, ecological value, and usefulness, to be approved or disapproved by the Secretary of EEA. - 5.09(2): If this property ceases to be used in whole or in part for conservation and/or pas- sive recreation purposes, all interest in the property shall revert to the Commonwealth, unless the Secretary demands specific performance of the grant contract. The City of Northampton Conservation Commission must notify the Secretary of EEA of a change or potential change to an inconsistent use, or, the Secretary of EEA may notify the Conser- vation Commission that an inconsistent change in use has occurred. The Conservation Commission has 90 days to rectify the use to the satisfaction of the Secretary, or it will revert to the Commonwealth. - 5.08 (2) and (3): Open to use by all members of the public without discrimination - 5.08(1): In accordance with the LAND program regulations, the City of Northampton Conservation Commission may impose reasonable limits on the type and extent of use of this area and facilities acquired, as necessary for maintenance or preservation. - 5.06(1): Off-street parking may be required - No private enterprise may occur on properties for which the fee simple or encumbered fee is owned by the municipality, except that which contributes to and does not conflict with appropriate public use and benefit. - Structures are prohibited on properties for which the fee interest is owned by the munici- pality, except those that further conservation or public passive recreational use of the property. I.3. Legal protection Through receipt of funding through the LAND grant program, this property is permanent- ly protected under Article 97 of the Constitution of the Commonwealth of Massachusetts. - Ch. 132A, §11 – Act establishing the Self-Help (now LAND) grant program - Ch. 40, §8c – Authority of conservation commissions to hold land for conservation pur- poses - Article 97 – Prohibits conversion of the property from conservation and recreational use - LAND Project Agreement – Prohibits conversion of the property from conservation and recreational uses. Requires mitigation in the event of conversion. Requires appropriate public access. Recorded with deed. - Additional legal protections – Ch. 184, §31-33 – Conservation Restriction, Ch. 44B – The Community Preservation Act I.4. Contact Information Provide contact information for property monitor or manager, landowner (if CR), and any other people or organizations involved in the property. Name (organization) Title (eg. property monitor) Mailing address Phone Northampton Conservation Commission, c/o Director of Planning and Development Fee owner and property man- ager City Hall, 210 Main Street, Room 11, Northampton, MA 01060 413-587-1265 Kestrel Land Trust CR holder and monitor P.O. Box 1016, Amherst, MA 01004 413-549-1097 Broad Brook Coalition Land steward P.O. Box 60566, Florence, MA 01062 info@broadbrookcoalition.org I.5. Land Management Plan If the municipality acquired a Conservation Restriction (CR) with the LAND grant, use the CR to help you fill out the Management Plan section below. Purpose: To support public policy; protect water resources, ecological variation and integrity, and plant and wildlife habitat; protect cultural resources; and to ensure public access for passive recrea- tional opportunities. See the CR for details. All LAND-funded properties must provide access to the general public for passive recreational activities. The specific subset of permissible passive activities varies from project to project and is described here. Permitted public activities: Note: These should be posted at the property entrance(s). walking, hiking camping Nordic skiing, snowshoeing hunting horseback riding fishing bicycle riding on designated trails gardening/agriculture picnicking swimming non-motorized watercraft Prohibited public activities: Note: These should be posted at the property entrance(s). motorized vehicles (except snowmobiles and those necessary for maintenance/management) fires swimming horseback riding gardening/agriculture bicycle riding alcoholic beverages hunting entry after dark fishing collection of plants/animals/soil/rocks Trapping camping without written permission Hunting without written permission Additional comments on use of this property: Passive recreation and conservation purposes. Uses consistent with the most current Conserva- tion Commission’s Land Use Regulations, which are subject to revision. Structures: Structures that do not contribute to the conservation Structure Description Intended use None N/A N/A Known stewardship issues/potential problems: The property boundaries are unmarked and the property is not easily accessible to the public. There is a large collection of garbage near the southern boundary, including milk crates, buckets, pots, pans, various containers, an old bicycle, a plywood table, and other items, giving the im- pression of a homeless person’s camp. The only other garbage noted during the baseline docu- mentation was a single milk crate at the west end of the property and a tire at the east end (see monitoring map for locations). Stewardship responsibilities: Entity responsible for management: City of Northampton Conservation Commission Plans for managing known stewardship issues: Plans include increased signage of property, boundary marking, removal of trash and de- bris, and creation of additional trails. Trash noted in this baseline will be removed during the spring and summer of 2013. Plans for regular management: Fee-owner will monitor as needed and CR holder monitor annually. The Conservation Commission and its partners may continue mowing of the field for habitat maintenance purposes. Active forest or agricultural management plans: Harvesting of sawtimber or other forest management should be conducted only in consultation with a licensed forester and preparation of a Forest Management Plan for long-term objectives. Not applicable currently, see CR for forestry requirements. The City may consider active forest management in the future, so long as the primary purpose of the land remains habi- tat preservation. Section II: Maps II.1. Resource maps Section III: Site Visit Report III.1. General information Date of inspection: January 15, 2013 Time spent on property: 4.5 hours People present: Name: Affiliation: Charles Eiseman Consultant for Kestrel Land Trust III.2. Current property conditions Note: This section may summarize some provisions of the CR or Management Plan. The entire CR document must be read in order to understand its terms. A. Conditions of the property relevant to the purpose of this project: Project purpose Condition Photo Water resources The property includes a 15-acre forested swamp and a perennial stream. Broad Brook, with associated beaver pond and marsh, runs along the western boundary. 14, 15, 22, 24, 38 Ecological integrity The property is almost entirely forested, with some open wetland habitat and a small human-maintained opening. No invasive spe- cies were noted. Plant and wildlife habitat In addition to the wetland habitats noted under “water resources” above, the property consists of forest with many mast -producing trees (oaks) and extensive patches of conifer cover (hemlocks); areas of dense shrub cover (mountain laurel); and a boulder field that provides den sites for porcupines. 11, 16- 21, 27 Public access and passive recreational opportunities The property includes old logging roads and other trails that are accessible from neighboring parcels. However, there is currently no access provided for the general public; the two short stretches of road frontage are posted “No Trespassing” and do not have trails (except for one that leads directly to the yard of the neigh- boring parcel). There are also two “No Trespassing” signs within the property, on the trail just to the west of the manmade open- ing. 5, 6, 28, 29, 30, 35, 43, 44, 46 B. Conditions of the property relevant to Permitted and Prohibited Uses: Activity Condition Photo Permitted Walking, hiking, Nordic skiing, snowshoeing As noted above, there are old logging roads and other trails on the property, but there is currently no public access to them. 6, 28-30, 33, 35 Prohibited Motorized vehicles (except snowmobiles and those necessary for maintenance / manage- ment) Virtually every trail had recent tracks of snowmobiles, which are permitted on this property. Snowless patches appeared to be free of ATV damage. Some tracks at the south and east ends of the property appeared to be from ATVs or other non-snowmobile vehicles. 32, 33, 35, 42 Trapping; hunting or camping without per- mission No signs of hunting, trapping, or camping were observed. C. Additional remarks regarding the present condition of the property: See the notes on garbage under “known stewardship issues” in section I.5. The Commission had not yet taken title at the time site visits were conducted. III.3. Boundary Conditions A. Do the boundaries on the ground clearly correlate to the legal description found in the CR document or property deed (i.e. can you follow the boundary after reading the description)? If not, how did you locate the property boundary? I located the property boundaries and monuments using GPS points taken from a shape file of the parcel. B. (If CR): Are portions of the property which are excluded from the Restriction marked or oth- erwise evident on the ground? n/a C. Describe the condition of the boundary markings at all other points (i.e. stone wall, flagged, signed, unmarked): The entire boundary is unmarked. The stone wall shown in photo #4 may correspond with a small portion the boundary. I found iron pipes or rebar at many of the corners, but did not find any along the western or southwestern boundaries or the northernmost boundary segment. There are also five corners at the east end of the property for which I did not find markers (see map). D. Describe the use of abutting properties, focusing on uses close to the boundary line: Most of the adjacent land is forested. The exceptions are the small residential lots along Coles Meadow Road. E. Any other comments on boundaries? Since the boundary is not marked and I did not find corner markers, I could not say for cer- tain, but it appears that tree thinning activities of the abutter to the northeast have crossed in- to the property (see photo #9). Section IV: Photographs IV.1. Photo location map IV.2. List of documentary photographs Photographer(s): Charles Eiseman Date Photo # Location description (where the photographer was standing) Cardinal direction Description of photo subject 1/15/13 1 On road at east end of property SW Boundary between the property and the small residential lot to the north 1/15/13 2 On road at east end of property SE Road frontage 1/15/13 3 East end of property S Iron pipe at corner 1/15/13 4 East end of property NE Stone wall at edge of abutter’s yard 1/15/13 5 Northeast boundary N Snowmobile tracks lead onto property from abut- ter’s yard 1/15/13 6 East end of property NW Fork in trail; snowmobile tracks on both 1/15/13 7 East end of property NW Humps/obstructions in trail 1/15/13 8 East end of property NE Snowmobile tracks leading onto neighboring property 1/15/13 9 East end of property E Snowmobile and tree-thinning activity, apparent- ly on Kubosiak property 1/15/13 10 Northeast corner S View along eastern boundary; iron pipe 1/15/13 11 Northeast corner SW View into property from corner 1/15/13 12 Northeast corner W View along northern boundary; iron pipe 1/15/13 13 North end of property SW View into property from corner; iron pipe 1/15/13 14 North end of property S Stream 1/15/13 15 Northwest end of property SW View along beaver meadow associated with Broad Brook (= western boundary) 1/15/13 16 Northwest end of property E Porcupine-stunted hemlocks (two dead ones in foreground) 1/15/13 17 Northwest end of property S Boulder field 1/15/13 18 Northwest end of property N View from knoll of beaver meadow associated with Broad Brook (= western boundary) 1/15/13 19 West end of property SW Rocky area with dense mountain laurel 1/15/13 20 West end of property S Porcupine den in rock crevice 1/15/13 21 West end of property SW Beaver-chewed stumps 1/15/13 22 West end of property NW Beaver pond 1/15/13 23 West end of property SE Milk crate by beaver pond 1/15/13 24 West end of property NW Beaver meadow 1/15/13 25 West end of property E Thicket between beaver meadow and forest 1/15/13 26 Southwest end of property N Flagged stick in stone pile 1/15/13 27 Southwest end of property NE Flagged wooden stake 1/15/13 28 South end of property N Footpath 1/15/13 29 South end of property E Snowmobile tracks on logging road 1/15/13 30 South end of property E First of two “No Trespassing” signs on snowmo- bile trail 1/15/13 31 South end of property SE Snowmobile trail through clearing 1/15/13 32 South end of property SE Snowmobile tracks in wet part of clearing 1/15/13 33 South end of property E Snowmobile tracks leaving clearing 1/15/13 34 South end of property W Dump site (or possibly former residence of home- less person) 1/15/13 35 Southeast end of property SW Culvert under road at property boundary (flooded area visible to left) 1/15/13 36 Southeast corner SE Rebar 1/15/13 37 Southeast corner W Looking into property from corner 1/15/13 38 Southeast end of property W Rebar; edge of red maple swamp 1/15/13 39 Southeast end of property N Rebar; looking into property from corner 1/15/13 40 Southeast end of property NW Iron pipe; edge of logging road = boundary 1/15/13 41 Southeast end of property NE Edge of logging road = boundary 1/15/13 42 East end of property S Iron pipe; ATV tracks on property, not on an es- tablished trail 1/15/13 43 On road at east end of property SW ATV-sized trail leads from road, across portion of property, into abutter’s yard 1/15/13 44 On road at east end of property NW Road frontage; “No Trespassing” signs 1/15/13 45 On road at east end of property S Boundary between property and small residential lot 1/15/13 46 On road at east end of property NW Road frontage; there are two iron pipes here, set 5 feet apart 1/15/13 47 East end of property W Iron pipe; looking into property from corner IV.3. Documentary Photographs 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Section V: Amendments V. 1. How to amend this document This property is permanently protected as open space for conservation and passive recrea- tional use only. It is difficult to anticipate all potential changes to the property that may occur, due to natural events, that may make it more or less appropriate for specific activi- ties or uses. It is also difficult to know in the present the specific passive recreational uses future visitors to the site may want. For these reasons, it may become necessary in the future for portions of the Land Management Plan to be revised. Property acquired with LAND grant funding may not be used for active recreation. The following sections of this document may be revised: I.4. Contact information I.5. Land Management Plan sections: Permitted uses/activities Prohibited uses/activities Structures Stewardship plans Active management plans Any changes to these sections must still adhere to the LAND grant program regulations, Project Agreement, Article 97 requirements, and any other pertinent regulations. All changes must adhere to the terms of the Conservation Restriction, if applicable. Procedure for amending this document: Majority vote of the Conservation Commission. Questions about property uses or re- quests to amend Conservation Commission Land Use Rules and Regulations can be raised at a meeting of the Commission, or directed to the Conservation Agent.