Commonwealth of Massachusetts
Executive Office of Energy and Environmental Affairs
Massachusetts Environmental Policy Act (MEPA) Office
Environmental Notification Form
For Office Use Only
EEA#:
MEPA Analyst:
The information requested on this form must be completed in order to submit a document
electronically for review under the Massachusetts Environmental Policy Act, 301 CMR 11.00.
Project Name: West Barnstable Conservation Land – Shooting Range
Street Address: Service Road – West Barnstable
Municipality: Barnstable
Watershed:
Universal Transverse Mercator Coordinates: Latitude/Longitude: West Barnstable
Parcel UTM Zone 19N, units in meters,
NAD83 datum: 383016 east, 4617977
north
Breed’s Hill Road Parcel: UTM Zone 19N
units in meters, NAD83 datum: 392516
east, 4615169 north
Estimated commencement date: 1/1/15
Estimated completion date: 6/1/15
Project Type: Land Conversion
Status of project design: N/A complete
Proponent: Town of Barnstable
Street Address:367 Main Street
Municipality: Hyannis
State: MA
Zip Code: 02601
Name of Contact Person: Mark S. Ells
Firm/Agency: Assistant Town Manager
Street Address: 367 Main Street
Municipality: Hyannis
State: MA
Zip Code: 02601
Phone: 508-862-4610
Fax: 508-790-6226 E-mail:mark.ells@town.
barnstable.ma.us
1
Does this project meet or exceed a mandatory EIR threshold (see 301 CMR 11.03)?
Yes XNo
If this is an Expanded Environmental Notification Form (ENF) (see 301 CMR 11.05(7)) or a
Notice of Project Change (NPC), are you requesting:
a Single EIR? (see 301 CMR 11.06(8))
a Special Review Procedure? (see 301CMR 11.09)
a Waiver of mandatory EIR? (see 301 CMR 11.11)
a Phase I Waiver? (see 301 CMR 11.11)
Yes
Yes
Yes
Yes
No
No
No
No
(Note: Greenhouse Gas Emissions analysis must be included in the Expanded ENF.)
Which MEPA review threshold(s) does the project meet or exceed (see 301 CMR 11.03)?
301 CMR 11.03 (1) Land (3) and (5)
Which State Agency Permits will the project require? None
Identify any financial assistance or land transfer from an Agency of the Commonwealth,
including the Agency name and the amount of funding or land area in acres: 16.3 acres of
Conservation Land in West Barnstable for 17 acres of General Municipal Land in Hyannis
Summary of Project Size
& Environmental Impacts
LAND
Existing
Total site acreage
New acres of land altered
Acres of impervious area
Square feet of new bordering
vegetated wetlands alteration
Square feet of new other wetland
alteration
16.3
Change
0
0
0
0
0
-2-
Total
0
Acres of new non-water dependent
use of tidelands or waterways
STRUCTURES
0
0
0
0
0
0
0
0
0
124
0
124
15
0
15
Water Use (Gallons per day)
Water withdrawal (GPD)
Wastewater generation/treatment
(GPD)
Length of water mains (miles)
0
0
0
0
0
0
0
0
0
0
0
Length of sewer mains (miles)
0
0
Gross square footage
Number of housing units
Maximum height (feet)
TRANSPORTATION
Vehicle trips per day
Parking spaces
WASTEWATER
Has this project been filed with MEPA before?
Yes (EEA #
) XNo
Has any project on this site been filed with MEPA before?
Yes (EEA #
) XNo
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0
0
GENERAL PROJECT INFORMATION – all proponents must fill out this section
PROJECT DESCRIPTION:
Describe the existing conditions and land uses on the project site: See Attachment A (pg.24) and
Exhibits 1 (pg. 34), Exhibit 2 (pg. 35), Exhibit 4 (pg. 42) and Exhibit 7 (pg. 43).
Describe the proposed project and its programmatic and physical elements: See Attachment B
(pg. 25) Exhibit 1 (pg. 34) and Exhibit 4 (pg.42).
NOTE: The project description should summarize both the project’s direct and indirect impacts
(including construction period impacts) in terms of their magnitude, geographic extent, duration
and frequency, and reversibility, as applicable. It should also discuss the infrastructure requirements
of the project and the capacity of the municipal and/or regional infrastructure to sustain these
requirements into the future.
Describe the on-site project alternatives (and alternative off-site locations, if applicable), considered
by the proponent, including at least one feasible alternative that is allowed under current zoning,
and the reasons(s) that they were not selected as the preferred alternative:
See Attachment C (pg. 26)
NOTE: The purpose of the alternatives analysis is to consider what effect changing the parameters
and/or siting of a project, or components thereof, will have on the environment, keeping in mind that
the objective of the MEPA review process is to avoid or minimize damage to the environment to the
greatest extent feasible. Examples of alternative projects include alternative site locations,
alternative site uses, and alternative site configurations.
Summarize the mitigation measures proposed to offset the impacts of the preferred alternative:
See attachment D (pg. 27)
If the project is proposed to be constructed in phases, please describe each phase: Not Applicable
AREAS OF CRITICAL ENVIRONMENTAL CONCERN:
Is the project within or adjacent to an Area of Critical Environmental Concern?
Yes (Specify__________________________________)
XNo See Exhibit 3c (pg. 38) and Exhibit 6c (pg. 46)
if yes, does the ACEC have an approved Resource Management Plan? ___ Yes ___ No;
If yes, describe how the project complies with this plan.
Will there be stormwater runoff or discharge to the designated ACEC? ___ Yes X No;
If yes, describe and assess the potential impacts of such stormwater runoff/discharge to the designated ACEC.
RARE SPECIES:
Does the project site include Estimated and/or Priority Habitat of State-Listed Rare Species? (see
http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/priority_habitat/priority_habitat_home.htm)
XYes (Specify See Exhibit 6a (pg. 44) )
XNo See Exhibit 3a (pg. 36)
HISTORICAL /ARCHAEOLOGICAL RESOURCES:
Does the project site include any structure, site or district listed in the State Register of Historic Place
or the inventory of Historic and Archaeological Assets of the Commonwealth?
Yes (Specify__________________________________ )
XNo
If yes, does the project involve any demolition or destruction of any listed or inventoried historic
or archaeological resources?
Yes (Specify__________________________________)
No
-4-
WATER RESOURCES:
Is there an Outstanding Resource Water (ORW) on or within a half-mile radius of the project site? Yes X No;
if yes, identify the ORW and its location. ______________________________________________
(NOTE: Outstanding Resource Waters include Class A public water supplies, their tributaries, and bordering
wetlands; active and inactive reservoirs approved by MassDEP; certain waters within Areas of Critical
Environmental Concern, and certified vernal pools. Outstanding resource waters are listed in the
Surface Water Quality Standards, 314 CMR 4.00.)
Are there any impaired water bodies on or within a half-mile radius of the project site? ___Yes X No; if yes,
identify the water body and pollutant(s) causing the impairment:____________________________________.
Is the project within a medium or high stress basin, as established by the Massachusetts
Water Resources Commission? ___Yes X No
STORMWATER MANAGEMENT:
Generally describe the project's stormwater impacts and measures that the project will take to comply
with the standards found in MassDEP's Stormwater Management Regulations: Not Applicable
MASSACHUSETTS CONTINGENCY PLAN:
Has the project site been, or is it currently being, regulated under M.G.L.c.21E or the Massachusetts
Contingency Plan? Yes ___ No _X_ ; if yes, please describe the current status of the site
(including Release Tracking Number (RTN), cleanup phase, and Response Action Outcome classification):
Is there an Activity and Use Limitation (AUL) on any portion of the project site? Yes ___ No _X_;
if yes, describe which portion of the site and how the project will be consistent with the AUL: ___.
Are you aware of any Reportable Conditions at the property that have not yet been assigned an RTN?
Yes ___ No _X_ ; if yes, please describe: Please note that while the range remains operational the lead
shot has been managed as per the Massachusetts Lead Shot Initiative Program.
SOLID AND HAZARDOUS WASTE:
If the project will generate solid waste during demolition or construction, describe alternatives considered
for re-use, recycling, and disposal of, e.g., asphalt, brick, concrete, gypsum, metal, wood: Not Applicable
(NOTE: Asphalt pavement, brick, concrete and metal are banned from disposal at Massachusetts
landfills and waste combustion facilities and wood is banned from disposal at Massachusetts landfills.
See 310 CMR 19.017 for the complete list of banned materials.)
Will your project disturb asbestos containing materials? Yes ___ No _X_ ;
if yes, please consult state asbestos requirements at http://mass.gov/MassDEP/air/asbhom01.htm
Describe anti-idling and other measures to limit emissions from construction equipment: Not Applicable
DESIGNATED WILD AND SCENIC RIVER:
Is this project site located wholly or partially within a defined river corridor of a federally
designated Wild and Scenic River or a state designated Scenic River? Yes ___ No _X_ ;
if yes, specify name of river and designation:
If yes, does the project have the potential to impact any of the “outstandingly remarkable”
resources of a federally Wild and Scenic River or the stated purpose of a state designated Scenic River?
Yes ___ No ___ ; if yes, specify name of river and designation: _____________;
if yes, will the project will result in any impacts to any of the designated “outstandingly remarkable”
resources of the Wild and Scenic River or the stated purposes of a Scenic River.
Yes ___ No ___ ;
if yes,describe the potential impacts to one or more of the “outstandingly remarkable” resources or
stated purposes and mitigation measures proposed.
-5-
ATTACHMENTS:
1.
List of all attachments to this document.
Attachment A (pg. 24)
Attachment B (pg. 25)
Attachment C (pg. 26)
Attachment D (pg. 27)
Attachment E (pgs. 28-32)
Summary of Exhibits (pg. 33)
2.
3.
4.
5.
6.
U.S.G.S. map (good quality color copy, 8-½ x 11 inches or larger, at a scale of 1:24,000)
indicating the project location and boundaries. See Exhibit 1 (pg. 34) & Exhibit 4 (pg.
42)
Plan, at an appropriate scale, of existing conditions on the project site and its immediate
environs, showing all known structures, roadways and parking lots, railroad rights-ofway, wetlands and water bodies, wooded areas, farmland, steep slopes, public open
spaces, and major utilities. See Exhibit 2 (pg.35) and Exhibit 5 (pg. 43)
Plan, at an appropriate scale, depicting environmental constraints on or adjacent to the
project site such as Priority and/or Estimated Habitat of state-listed rare species, Areas
of Critical Environmental Concern, Chapter 91 jurisdictional areas, Article 97 lands,
wetland resource area delineations, water supply protection areas, and historic
resources and/or districts. See Exhibits 3a through 3e (pgs. 36-41) and Exhibits 6a
through 6e (pgs. 42-49)
Plan, at an appropriate scale, of proposed conditions upon completion of project (if
construction of the project is proposed to be phased, there should be a site plan showing
conditions upon the completion of each phase). Not applicable
List of all agencies and persons to whom the proponent circulated the ENF, in
accordance with 301 CMR 11.16(2).
1. Executive Office of Energy and Environmental Affairs, MEPA Office Secretary
Maeve Vallely Bartlett
2. Department of Environmental Protection Commissioner’s Office
3. Department of Environmental Protection Southeastern Regional Office
4. Massachusetts Department of Transportation Public/Private Development Unit
5. Massachusetts DOT District 5 MEPA Coordinator
6. Massachusetts Historical Commission The MA Archives Building
7. Cape Cod Commission
8. Barnstable Town Council, President Jessica Rapp-Grassetti
9. Barnstable Planning Board, Chairman Paul Curley
10. Barnstable Conservation Commission, Chairman Dennis Houle
11. Coastal Zone Management, Project Review Coordinator
12. Division of Marine Fisheries (South Shore), Environmental Reviewer
13. Department of Agricultural Resources, MEPA Coordinator
14. Natural Heritage and Endangered Species Program
15. Division of Conservation Services, MEPA Coordinator
16. Department of Public Health, Director of Environmental Health
17. Energy Facilities Siting Board, MEPA Coordinator
18. Department of Energy Resources, MEPA Coordinator
7.
List of municipal and federal permits and reviews required by the project, as applicable.
-6-
LAND SECTION – all proponents must fill out this section
I. Thresholds / Permits
A. Does the project meet or exceed any review thresholds related to land (see 301 CMR
11.03(1) X Yes ___ No; if yes, specify each threshold: 301 CMR 11.03 (1) (b) 3
II. Impacts and Permits
A. Describe, in acres, the current and proposed character of the project site, as follows:
Existing
Change
Total
Footprint of buildings
___0____
___0____
________
Internal roadways
___0____
___0____
________
Parking and other paved areas
___0____
___0____
________
Other altered areas
___3.5__
___0____
________
Undeveloped areas
___12.8__
___0____
________
Total: Project Site Acreage
___16.3__
___0____
________
B. Has any part of the project site been in active agricultural use in the last five years?
___ Yes _X_ No; if yes, how many acres of land in agricultural use (with prime state or locally
important agricultural soils) will be converted to nonagricultural use?
C. Is any part of the project site currently or proposed to be in active forestry use? ___ Yes _X_
No; if yes, please describe current and proposed forestry activities and indicate whether any
part of the site is the subject of a forest management plan approved by the Department of
Conservation and Recreation:
D. Does any part of the project involve conversion of land held for natural resources purposes in
accordance with Article 97 of the Amendments to the Constitution of the Commonwealth to any
purpose not in accordance with Article 97? _X_ Yes __ No; if yes, describe: See Attachment E
(pg. 28-32)
E. Is any part of the project site currently subject to a conservation restriction, preservation
restriction, agricultural preservation restriction or watershed preservation restriction? __
Yes_X_ No; if yes, does the project involve the release or modification of such restriction?
__ Yes _X_ No; if yes, describe:
F. Does the project require approval of a new urban redevelopment project or a fundamental
change in an existing urban redevelopment project under M.G.L.c.121A? ___ Yes _X_ No; if
yes, describe:
G. Does the project require approval of a new urban renewal plan or a major modification of an
existing urban renewal plan under M.G.L.c.121B? Yes ___ No _X_; if yes, describe:
III. Consistency
A. Identify the current municipal comprehensive land use plan
Title: Town of Barnstable Comprehensive Plan Date: July 2005
B. Describe the project’s consistency with that plan with regard to:
1) economic development: Not Applicable
2) adequacy of infrastructure: Not applicable
3) open space impacts: Neutral
4)
compatibility with adjacent land uses: Being made compatible
-7-
C. Identify the current Regional Policy Plan of the applicable Regional Planning Agency
(RPA)
RPA: Cape Cod Commission
Title: Regional Policy Plan Date: January 16, 2009
D.
Describe the project’s consistency with that plan with regard to:
1) economic development: Not Applicable
2) adequacy of infrastructure: Not applicable
3) open space impacts: Neutral
-8-
RARE SPECIES SECTION
I. Thresholds / Permits
A. Will the project meet or exceed any review thresholds related to rare species or habitat (see
301 CMR 11.03(2))? ___ Yes _X_ No; if yes, specify, in quantitative terms:
(NOTE: If you are uncertain, it is recommended that you consult with the Natural Heritage and
Endangered Species Program (NHESP) prior to submitting the ENF.)
B. Does the project require any state permits related to rare species or habitat?___ Yes X_ No
E. Does the project site fall within mapped rare species habitat (Priority or Estimated Habitat?) in
the current Massachusetts Natural Heritage Atlas (attach relevant page)? _X_ Yes __ No.
See Exhibits 3a (pg. 36) and 6a (pg. 44) Breed’s Hill Road parcel has been identified by
NHESP as priority habitat
D. If you answered "No" to all questions A, B and C, proceed to the Wetlands, Waterways, and
Tidelands Section. If you answered "Yes" to either question A or question B, fill out the
remainder of the Rare Species section below.
II. Impacts and Permits
A. Does the project site fall within Priority or Estimated Habitat in the current Massachusetts Natural
Heritage Atlas (attach relevant page)? _X_ Yes ___ No. If yes,
1. Have you consulted with the Division of Fisheries and Wildlife Natural Heritage and
Endangered Species Program (NHESP)? ___Yes _X_No; if yes, have you received a
determination as to whether the project will result in the “take” of a rare species? ___ Yes
___ No; if yes, attach the letter of determination to this submission. The proposed project
involves a land exchange in which the Breed’s Hill Road parcel receives the
conservation restriction
2. Will the project "take" an endangered, threatened, and/or species of special concern in
accordance with M.G.L. c.131A (see also 321 CMR 10.04)? ___ Yes _X__ No; if yes,
provide a summary of proposed measures to minimize and mitigate rare species impacts
3. Which rare species are known to occur within the Priority or Estimated Habitat?
4. Has the site been surveyed for rare species in accordance with the Massachusetts
Endangered Species Act? ___ Yes _X_ No
5. If your project is within Estimated Habitat, have you filed a Notice of Intent or received an
Order of Conditions for this project? ___ Yes _X_ No; if yes, did you send a copy of the
Notice of Intent to the Natural Heritage and Endangered Species Program, in accordance
with the Wetlands Protection Act regulations? ___ Yes __ No
B. Will the project "take" an endangered, threatened, and/or species of special concern in
accordance with M.G.L. c.131A (see also 321 CMR 10.04)? ___ Yes _X_ No; if yes,
provide a
summary of proposed measures to minimize and mitigate impacts to significant habitat:
-9-
WETLANDS, WATERWAYS, AND TIDELANDS SECTION
I. Thresholds / Permits
A. Will the project meet or exceed any review thresholds related to wetlands, waterways, and
tidelands (see 301 CMR 11.03(3))? ___ Yes X No; if yes, specify, in quantitative terms:
B. Does the project require any state permits (or a local Order of Conditions) related to wetlands,
waterways, or tidelands? ___ Yes X No; if yes, specify which permit:
C. If you answered "No" to both questions A and B, proceed to the Water Supply Section. If you
answered "Yes" to either question A or question B, fill out the remainder of the Wetlands,
Waterways, and Tidelands Section below.
II. Wetlands Impacts and Permits
A. Does the project require a new or amended Order of Conditions under the Wetlands Protection
Act (M.G.L. c.131A)? ___ Yes ___ No; if yes, has a Notice of Intent been filed? ___ Yes ___
No; if yes, list the date and MassDEP file number: ______; if yes, has a local Order of Conditions
been issued? ___ Yes ___ No; Was the Order of Conditions appealed? ___ Yes ___ No. Will
the project require a Variance from the Wetlands regulations? ___ Yes ___ No.
B. Describe any proposed permanent or temporary impacts to wetland resource areas located on
the project site:
C. Estimate the extent and type of impact that the project will have on wetland resources, and
indicate whether the impacts are temporary or permanent:
Coastal Wetlands
Area (square feet) or
Length (linear feet)
Temporary or
Permanent Impact?
Land Under the Ocean
Designated Port Areas
Coastal Beaches
Coastal Dunes
Barrier Beaches
Coastal Banks
Rocky Intertidal Shores
Salt Marshes
Land Under Salt Ponds
Land Containing Shellfish
Fish Runs
Land Subject to Coastal Storm Flowage
_________________
_________________
_________________
_________________
_________________
_________________
_________________
_________________
_________________
_________________
_________________
_________________
___________________
___________________
____________________
____________________
____________________
____________________
____________________
____________________
____________________
___________________
____________________
____________________
Inland Wetlands
Bank (lf)
Bordering Vegetated Wetlands
Isolated Vegetated Wetlands
Land under Water
Isolated Land Subject to Flooding
Borderi ng Land Subject to Flooding
Riverfront Area
_________________
_________________
_________________
_________________
_________________
_________________
_________________
____________________
____________________
____________________
____________________
____________________
____________________
____________________
D. Is any part of the project:
1. proposed as a limited project? ___ Yes ___ No; if yes, what is the area (in sf)?____
2. the construction or alteration of a dam? ___ Yes ___ No; if yes, describe:
3. fill or structure in a velocity zone or regulatory floodway? ___ Yes ___ No
- 10 -
4. dredging or disposal of dredged material? ___ Yes ___ No; if yes, describe the volume
of dredged material and the proposed disposal site:
5. a discharge to an Outstanding Resource Water (ORW) or an Area of Critical
Environmental Concern (ACEC)? ___ Yes ___ No
6. subject to a wetlands restriction order? ___ Yes ___ No; if yes, identify the area (in sf):
7. located in buffer zones? ___Yes ___No; if yes, how much (in sf) ______
E. Will the project:
1. be subject to a local wetlands ordinance or bylaw? ___ Yes ___ No
2. alter any federally-protected wetlands not regulated under state law? ___ Yes ___ No; if
yes, what is the area (sf)?
III. Waterways and Tidelands Impacts and Permits
A. Does the project site contain waterways or tidelands (including filled former tidelands) that are
subject to the Waterways Act, M.G.L.c.91? ___ Yes ___ No; if yes, is there a current Chapter 91
License or Permit affecting the project site? ___ Yes ___ No; if yes, list the date and license or
permit number and provide a copy of the historic map used to determine extent of filled
tidelands:
B. Does the project require a new or modified license or permit under M.G.L.c.91? ___ Yes ___ No;
if yes, how many acres of the project site subject to M.G.L.c.91 will be for non-water-dependent
use?
Current ___ Change ___ Total ___
If yes, how many square feet of solid fill or pile-supported structures (in sf)?
C. For non-water-dependent use projects, indicate the following:
Area of filled tidelands on the site:_____________________
Area of filled tidelands covered by buildings:____________
For portions of site on filled tidelands, list ground floor uses and area of each use:
______________
Does the project include new non-water-dependent uses located over flowed tidelands?
Yes ___ No ___
Height of building on filled tidelands________________
Also show the following on a site plan: Mean High Water, Mean Low Water, Waterdependent Use Zone, location of uses within buildings on tidelands, and interior and
exterior areas and facilities dedicated for public use, and historic high and historic low
water marks.
D. Is the project located on landlocked tidelands? ___ Yes ___ No; if yes, describe the project’s
impact on the public’s right to access, use and enjoy jurisdictional tidelands and describe
measures the project will implement to avoid, minimize or mitigate any adverse impact:
E. Is the project located in an area where low groundwater levels have been identified by a
municipality or by a state or federal agency as a threat to building foundations? ___Yes
___ No; if yes, describe the project’s impact on groundwater levels and describe
measures the project will implement to avoid, minimize or mitigate any adverse impact:
F. Is the project non-water-dependent and located on landlocked tidelands or waterways or
tidelands subject to the Waterways Act and subject to a mandatory EIR? ___ Yes ___
No;
(NOTE: If yes, then the project will be subject to Public Benefit Review and
Determination.)
G. Does the project include dredging? ___ Yes ___ No; if yes, answer the following questions:
What type of dredging? Improvement ___ Maintenance ___ Both ____
- 11 -
What is the proposed dredge volume, in cubic yards (cys) _________
What is the proposed dredge footprint ____length (ft) ___width (ft)____depth (ft);
Will dredging impact the following resource areas?
Intertidal Yes__
No__; if yes, ___ sq ft
Outstanding Resource Waters Yes__
No__; if yes, ___ sq ft
Other resource area (i.e. shellfish beds, eel grass beds) Yes__ No__; if yes __
sq ft
If yes to any of the above, have you evaluated appropriate and practicable steps
to: 1) avoidance; 2) if avoidance is not possible, minimization; 3) if either
avoidance or minimize is not possible, mitigation?
If no to any of the above, what information or documentation was used to support
this determination?
Provide a comprehensive analysis of practicable alternatives for improvement dredging in
accordance with 314 CMR 9.07(1)(b). Physical and chemical data of the
sediment shall be included in the comprehensive analysis.
Sediment Characterization
Existing gradation analysis results? __Yes ___No: if yes, provide results.
Existing chemical results for parameters listed in 314 CMR 9.07(2)(b)6? ___Yes
____No; if yes, provide results.
Do you have sufficient information to evaluate feasibility of the following management
options for dredged sediment? If yes, check the appropriate option.
Beach Nourishment ___
Unconfined Ocean Disposal ___
Confined Disposal:
Confined Aquatic Disposal (CAD) ___
Confined Disposal Facility (CDF) ___
Landfill Reuse in accordance with COMM-97-001 ___
Shoreline Placement ___
Upland Material Reuse____
In-State landfill disposal____
Out-of-state landfill disposal ____
(NOTE: This information is required for a 401 Water Quality Certification.)
IV. Consistency:
A. Does the project have effects on the coastal resources or uses, and/or is the project located
within the Coastal Zone? ___ Yes ___ No; if yes, describe these effects and the projects consistency
with the policies of the Office of Coastal Zone Management:
B. Is the project located within an area subject to a Municipal Harbor Plan? ___ Yes ___ No; if yes,
identify the Municipal Harbor Plan and describe the project's consistency with that plan:
- 12 -
WATER SUPPLY SECTION
I. Thresholds / Permits
A. Will the project meet or exceed any review thresholds related to water supply (see 301 CMR
11.03(4))? ___ Yes X No; if yes, specify, in quantitative terms:
B. Does the project require any state permits related to water supply? ___ Yes X No; if yes,
specify which permit:
C. If you answered "No" to both questions A and B, proceed to the Wastewater Section. If you
answered "Yes" to either question A or question B, fill out the remainder of the Water Supply Section
below.
II. Impacts and Permits
A. Describe, in gallons per day (gpd), the volume and source of water use for existing and proposed
activities at the project site:
Existing
Change
Total
Municipal or regional water supply
________
________
________
Withdrawal from groundwater
________
________
________
Withdrawal from surface water
________
________
________
Interbasin transfer
________
________
________
(NOTE: Interbasin Transfer approval will be required if the basin and community where the proposed
water supply source is located is different from the basin and community where the wastewater
from the source will be discharged.)
B. If the source is a municipal or regional supply, has the municipality or region indicated that there
is adequate capacity in the system to accommodate the project? ___ Yes ___ No
C. If the project involves a new or expanded withdrawal from a groundwater or surface water
source, has a pumping test been conducted? ___ Yes ___ No; if yes, attach a map of the drilling
sites and a summary of the alternatives considered and the results. ______________
D. What is the currently permitted withdrawal at the proposed water supply source (in gallons per
day)?
Will the project require an increase in that withdrawal? ___Yes ___No; if yes, then how
much of an increase (gpd)? ____________________
E. Does the project site currently contain a water supply well, a drinking water treatment facility,
water main, or other water supply facility, or will the project involve construction of a new facility?
___ Yes ___No. If yes, describe existing and proposed water supply facilities at the project site:
Permitted
Flow
Capacity of water supply well(s) (gpd) _______
Capacity of water treatment plant (gpd) _______
Existing Avg
Daily Flow
________
________
Project Flow
Total
________
________
________
________
F. If the project involves a new interbasin transfer of water, which basins are involved, what is the
direction of the transfer, and is the interbasin transfer existing or proposed?
G. Does the project involve:
1. new water service by the Massachusetts Water Resources Authority or other agency of
the Commonwealth to a municipality or water district? ___ Yes ___ No
2. a Watershed Protection Act variance? ___ Yes ___ No; if yes, how many acres of
alteration?
3. a non-bridged stream crossing 1,000 or less feet upstream of a public surface drinking
- 13 -
water supply for purpose of forest harvesting activities? ___ Yes ___ No
III. Consistency
Describe the project's consistency with water conservation plans or other plans to enhance water
resources, quality, facilities and services:
- 14 -
WASTEWATER SECTION
I. Thresholds / Permits
A. Will the project meet or exceed any review thresholds related to wastewater (see 301 CMR
11.03(5))? ___ Yes X No; if yes, specify, in quantitative terms:
B. Does the project require any state permits related to wastewater? ___ Yes X No; if yes, specify
which permit:
C. If you answered "No" to both questions A and B, proceed to the Transportation -- Traffic
Generation Section. If you answered "Yes" to either question A or question B, fill out the remainder
of the Wastewater Section below.
II. Impacts and Permits
A. Describe the volume (in gallons per day) and type of disposal of wastewater generation for
existing and proposed activities at the project site (calculate according to 310 CMR 15.00 for septic
systems or 314 CMR 7.00 for sewer systems):
Discharge of sanitary wastewater
Discharge of industrial wastewater
TOTAL
Discharge to groundwater
Discharge to outstanding resource water
Discharge to surface water
Discharge to municipal or regional wastewater
facility
TOTAL
Existing
Change
Total
________
________
________
________
________
________
________
________
________
Existing
________
________
________
Change
________
________
________
Total
________
________
________
________
________
________
________
________
________
B. Is the existing collection system at or near its capacity? ___ Yes ___ No; if yes, then describe
the measures to be undertaken to accommodate the project’s wastewater flows:
C. Is the existing wastewater disposal facility at or near its permitted capacity? ___ Yes___ No; if
yes, then describe the measures to be undertaken to accommodate the project’s wastewater flows:
D. Does the project site currently contain a wastewater treatment facility, sewer main, or other
wastewater disposal facility, or will the project involve construction of a new facility? ___ Yes
___ No; if yes, describe as follows:
Wastewater treatment plant capacity
(in gallons per day)
Permitted
Existing Avg
Daily Flow
Project Flow
Total
_______
________
________
________
E. If the project requires an interbasin transfer of wastewater, which basins are involved, what is the
direction of the transfer, and is the interbasin transfer existing or new?
- 15 -
(NOTE: Interbasin Transfer approval may be needed if the basin and community where wastewater
will be discharged is different from the basin and community where the source of water supply is
located.)
F. Does the project involve new sewer service by the Massachusetts Water Resources Authority
(MWRA) or other Agency of the Commonwealth to a municipality or sewer district? ___ Yes ___ No
G. Is there an existing facility, or is a new facility proposed at the project site for the storage,
treatment, processing, combustion or disposal of sewage sludge, sludge ash, grit, screenings,
wastewater reuse (gray water) or other sewage residual materials? ___ Yes ___ No; if yes, what is
the capacity (tons per day):
Existing
________
________
________
________
________
Storage
Treatment
Processing
Combustion
Disposal
Change
________
________
________
________
________
Total
________
________
________
________
________
H. Describe the water conservation measures to be undertaken by the project, and other
wastewater mitigation, such as infiltration and inflow removal.
III. Consistency
A. Describe measures that the proponent will take to comply with applicable state, regional, and
local plans and policies related to wastewater management:
B. If the project requires a sewer extension permit, is that extension included in a comprehensive
wastewater management plan? ___ Yes ___ No; if yes, indicate the EEA number for the plan
and whether the project site is within a sewer service area recommended or approved in that
plan:
- 16 -
TRANSPORTATION SECTION (TRAFFIC GENERATION)
I. Thresholds / Permit
A. Will the project meet or exceed any review thresholds related to traffic generation (see 301 CMR
11.03(6))? ___ Yes X No; if yes, specify, in quantitative terms:
B. Does the project require any state permits related to state-controlled roadways? ___ Yes X
No; if yes, specify which permit:
C. If you answered "No" to both questions A and B, proceed to the Roadways and Other
Transportation Facilities Section. If you answered "Yes" to either question A or question B, fill out
the remainder of the Traffic Generation Section below.
II. Traffic Impacts and Permits
A. Describe existing and proposed vehicular traffic generated by activities at the project site:
Existing
Change
Total
Number of parking spaces
_______
________
_______
Number of vehicle trips per day
________
________
________
ITE Land Use Code(s):
________
________
________
B. What is the estimated average daily traffic on roadways serving the site?
Roadway
Existing
Change
1. ___________________
________
________
2. ____________________
________
________
3. ____________________
________
________
Total
________
________
________
C. If applicable, describe proposed mitigation measures on state-controlled roadways that the
project proponent will implement:
D. How will the project implement and/or promote the use of transit, pedestrian and bicycle facilities
and services to provide access to and from the project site?
C. Is there a Transportation Management Association (TMA) that provides transportation demand
management (TDM) services in the area of the project site? ____ Yes ____ No; if yes, describe
if and
how will the project will participate in the TMA:
D. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation
facilities? ____ Yes ____ No; if yes, generally describe:
E. If the project will penetrate approach airspace of a nearby airport, has the proponent filed a
Massachusetts Aeronautics Commission Airspace Review Form (780 CMR 111.7) and a Notice
of Proposed
Construction or Alteration with the Federal Aviation Administration (FAA)
(CFR Title 14 Part 77.13, forms 7460-1 and 7460-2)?
III. Consistency
Describe measures that the proponent will take to comply with municipal, regional, state, and federal
plans and policies related to traffic, transit, pedestrian and bicycle transportation facilities and
services:
- 17 -
TRANSPORTATION SECTION (ROADWAYS AND OTHER TRANSPORTATION
FACILITIES)
I. Thresholds
A. Will the project meet or exceed any review thresholds related to roadways or other
transportation facilities (see 301 CMR 11.03(6))? ___ Yes X No; if yes, specify, in quantitative
terms:
B. Does the project require any state permits related to roadways or other transportation
facilities? ___ Yes X No; if yes, specify which permit:
C. If you answered "No" to both questions A and B, proceed to the Energy Section. If you
answered "Yes" to either question A or question B, fill out the remainder of the Roadways Section
below.
II. Transportation Facility Impacts
A. Describe existing and proposed transportation facilities in the immediate vicinity of the project
site:
B. Will the project involve any
1. Alteration of bank or terrain (in linear feet)?
2. Cutting of living public shade trees (number)?
3. Elimination of stone wall (in linear feet)?
____________
____________
____________
III. Consistency -- Describe the project's consistency with other federal, state, regional, and local plans
and policies related to traffic, transit, pedestrian and bicycle transportation facilities and services,
including consistency with the applicable regional transportation plan and the Transportation
Improvements Plan (TIP), the State Bicycle Plan, and the State Pedestrian Plan:
- 18 -
ENERGY SECTION
I. Thresholds / Permits
A. Will the project meet or exceed any review thresholds related to energy (see 301 CMR 11.03(7))?
___ Yes X No; if yes, specify, in quantitative terms:
B. Does the project require any state permits related to energy? ___ Yes X No; if yes, specify
which permit:
C. If you answered "No" to both questions A and B, proceed to the Air Quality Section. If you
answered "Yes" to either question A or question B, fill out the remainder of the Energy Section
below.
II. Impacts and Permits
A. Describe existing and proposed energy generation and transmission facilities at the project site:
Existing Change
Total
Capacity of electric generating facility (megawatts)
________
________
________
Length of fuel line (in miles)
________
________
________
Length of transmission lines (in miles)
________
________
________
Capacity of transmission lines (in kilovolts)
________
________
________
B. If the project involves construction or expansion of an electric generating facility, what are:
1. the facility's current and proposed fuel source(s)?
2. the facility's current and proposed cooling source(s)?
C. If the project involves construction of an electrical transmission line, will it be located on a new,
unused, or abandoned right of way? ___Yes ___No; if yes, please describe:
D. Describe the project's other impacts on energy facilities and services:
III. Consistency
Describe the project's consistency with state, municipal, regional, and federal plans and policies for
enhancing energy facilities and services:
- 19 -
AIR QUALITY SECTION
I. Thresholds
A. Will the project meet or exceed any review thresholds related to air quality (see 301 CMR
11.03(8))? ___ Yes X No; if yes, specify, in quantitative terms:
B. Does the project require any state permits related to air quality? ___ Yes X No; if yes, specify
which permit:
C. If you answered "No" to both questions A and B, proceed to the Solid and Hazardous Waste
Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Air
Quality Section below.
II. Impacts and Permits
A. Does the project involve construction or modification of a major stationary source (see 310 CMR
7.00, Appendix A)? ___ Yes ___ No; if yes, describe existing and proposed emissions (in tons
per day) of:
Particulate matter
Carbon monoxide
Sulfur dioxide
Volatile organic compounds
Oxides of nitrogen
Lead
Any hazardous air pollutant
Carbon dioxide
Existing
Change
Total
________
________
________
________
________
________
________
________
________
________
________
________
________
________
________
________
________
________
________
________
________
________
________
________
B. Describe the project's other impacts on air resources and air quality, including noise impacts:
III. Consistency
A. Describe the project's consistency with the State Implementation Plan:
B. Describe measures that the proponent will take to comply with other federal, state, regional, and
local plans and policies related to air resources and air quality:
20
SOLID AND HAZARDOUS WASTE SECTION
I. Thresholds / Permits
A. Will the project meet or exceed any review thresholds related to solid or hazardous waste (see
301 CMR 11.03(9))? ___ Yes X No; if yes, specify, in quantitative terms:
B. Does the project require any state permits related to solid and hazardous waste? _ Yes X No;
if yes, specify which permit:
C. If you answered "No" to both questions A and B, proceed to the Historical and Archaeological
Resources Section. If you answered "Yes" to either question A or question B, fill out the
remainder of the Solid and Hazardous Waste Section below.
II. Impacts and Permits
A. Is there any current or proposed facility at the project site for the storage, treatment, processing,
combustion or disposal of solid waste? ___ Yes ___ No; if yes, what is the volume (in tons per day)
of the capacity:
Existing
Change
Total
Storage
________
________
________
Treatment, processing ________
________
________
Combustion
________
________
________
Disposal
________
________
________
B. Is there any current or proposed facility at the project site for the storage, recycling, treatment or
disposal of hazardous waste? ___ Yes ___ No; if yes, what is the volume (in tons or gallons per day)
of the capacity:
Storage
Recycling
Treatment
Disposal
Existing
Change
Total
________
________
________
________
________
________
________
________
________
________
________
________
C. If the project will generate solid waste (for example, during demolition or construction), describe
alternatives considered for re-use, recycling, and disposal:
D. If the project involves demolition, do any buildings to be demolished contain asbestos?
___ Yes ___ No
E. Describe the project's other solid and hazardous waste impacts (including indirect impacts):
III. Consistency
Describe measures that the proponent will take to comply with the State Solid Waste Master Plan:
21
HISTORICAL AND ARCHAEOLOGICAL RESOURCES SECTION
I. Thresholds / Impacts
A. Have you consulted with the Massachusetts Historical Commission? ___ Yes _X_ No; if yes,
attach correspondence. For project sites involving lands under water, have you consulted with the
Massachusetts Board of Underwater Archaeological Resources? ____Yes ____ No; if yes, attach
correspondence
B. Is any part of the project site a historic structure, or a structure within a historic district, in either
case listed in the State Register of Historic Places or the Inventory of Historic and Archaeological
Assets of the Commonwealth? ___ Yes X No; if yes, does the project involve the demolition of all or
any exterior part of such historic structure? ___ Yes ___ No; if yes, please describe:
C. Is any part of the project site an archaeological site listed in the State Register of Historic Places
or the Inventory of Historic and Archaeological Assets of the Commonwealth? ___ Yes X No; if
yes, does the project involve the destruction of all or any part of such archaeological site? ___ Yes
___ No; if yes, please describe:
D. If you answered "No" to all parts of both questions A, B and C, proceed to the Attachments and
Certifications Sections. If you answered "Yes" to any part of either question A or question B, fill out
the remainder of the Historical and Archaeological Resources Section below.
II. Impacts
Describe and assess the project's impacts, direct and indirect, on listed or inventoried historical and
archaeological resources:
III. Consistency
Describe measures that the proponent will take to comply with federal, state, regional, and local
plans and policies related to preserving historical and archaeological resources:
22
CERTIFICATIONS:
1.
The Public Notice of Environmental Review has been/will be published in the following
newspapers in accordance with 301 CMR 11.15(1):
(Name)____________________________________(Date)______________________
2. This form has been circulated to Agencies and Persons in accordance with 301 CMR 11.16(2).
Signatures:
Date
Signature of Responsible Officer
or Proponent
Date
Signature of person preparing
NPC (if different from above)
Thomas K. Lynch
Mark S. Ells
Name (print or type)
Name (print or type)
Town Manager
Firm/Agency
Assistant Town Manager________________
Firm/Agency
367 Main Street
Street
367 Main Street
Street
Hyannis, MA 02601
Municipality/State/Zip
Hyannis, MA 02601
Municipality/State/Zip
508-862-4610
Phone
508-862-4610
Phone
23
ATTACHMENT A
Describe the existing conditions and land uses on the project site.
There are two parcels of land proposed to be exchanged in this project. One containing the West
Barnstable shooting range and the other referred to as the Breed’s Hill Road parcel. The following
is a description of the existing conditions and land uses on each parcel.
The West Barnstable Shooting range is located on the Town of Barnstable’s West Barnstable
conservation area. (See Exhibit 1 pg. 34) O n Dec. 21, 1978, pursuant to a Town Meeting vote
of April 2, 1976, the Town recorded a taking and a plan covering the entire West Barnstable
Conservation Area, including the Shooting Range parcel. Most of today's range occupies what
is known as parcel 15, located in Tract 1. The parcel consists of about 30 acres and was sold
to the Town on July 6, 1970. However, the 1978 taking, included not only the parcels not yet
acquired by the Town but also those which had been deeded to the Town, including parcel 15.
This Order of Taking is dated 12/21/1978 and is recorded in Book 2846, Page 129. The taking
was for “Conservation Purposes” and also stated that the Town meeting article authorized “the
acquisition of land to be administered, controlled and maintained for Conservation Purposes in
accordance with General Laws c. 40, s. 8C.”
The range is in an area bounded by the Route 6 service road on the northeast and the West
Barnstable Conservation Area on all other sides. The existing shot gun, rifle and pistol portions of
the range are approximately 3.5 acres. The West Barnstable Conservation Area Management
Plan dated June 1992, states on page 3, “This 12 acre site has been in use for over 30 years. It
was designated a range by the Conservation Commission in 1984, with formal rules and
regulations being adopted at that time.” The Conservation Commission has been responsible for
the management of the conservation lands containing the shooting range and had Horsley Whitten
Group prepared two documents for guidance relative operations of the facility. The first document
was an Environmental Stewardship Plan dated April, 2003 followed by a Barnstable Shooting
Range Master Plan dated May 21, 2007. The lead shot emanating from the facility was managed
under the Massachusetts Lead Shot Initiative which is a partnership between the Department of
Environmental Protection and representatives of the Commonwealth’s shooting sports community.
A restricted area has been established around the range as part of this project to physically
prevent unauthorized access into the shooting range. The total area of the existing range (3.5
acres) and restricted buffer area (12.8 acres) is approximately 16.3 acres. (See Exhibit 2 pg. 35)
The Breed’s Hill Road parcel is located south of Breed’s Hill Road in Barnstable. (See Exhibit 4 pg.
42) The parcel is approximately 17 acres of wooded upland containing two low areas identified as
potential vernal pools and has been identified as a priority habitat by Natural Heritage Endangered
Species Program. The parcel was deeded to the Inhabitants of the town of Barnstable on March
15, 1986 (recorded in Book 5077, Page 300) and is currently being held for general municipal
purposes. The parcel is bounded on the Southeast by water supply land owned by the Barnstable
Water District. The parcel is also located in close proximity to the Hyannis Ponds area and as such,
will increase the buffer zone for rare and endangered species in the vicinity of the Hyannis Ponds.
The parcel additionally is part of a contiguous track of open space lands north of the Barnstable
Municipal Airport, south of the mid cape highway and west to Yarmouth Road. (See Exhibit 5 pgs.
43)
24
ATTACHMENT B
Describe the proposed project and its programmatic and physical elements.
The West Barnstable Conservation Area, which includes the area identified as the Shooting
Range (Exhibit 1 pg. 34), was the subject of a state Self-Help grant, which grant agreement was
recorded against the entire property. The Town of Barnstable Conservation Commission
received a letter from the Division of Conservation Services on September 23, 2013 stating that
“If the Town wishes to keep the range open, operation that is safe and in compliance with
current best management practices may result in the loss of usable conservation land that is
accessible to the public for passive recreation. Should this be the case, Executive Office of
Energy and Environmental Affairs may require the Town to mitigate the loss by dedicating to
conservation and passive recreational use land of equal or greater size and value.” The
Executive Office of Energy and Environmental Affairs recently determined that a review under
the Massachusetts Environmental Policy Act (MEPA) was required before the Shooting Range
could be released from the requirements of the Self-Help grant program and exchanged for
another parcel equal in area and value (Breed’s Hill parcel Exhibit 4 pg. 42) through the socalled Article 97 process. The proposed project is for the exchange of said lands.
In addition to and separate from the parcel exchange aspects of the project, the Town plans to
commence an initial assessment of the shooting range to assure proper lead management on
the site. The assessment is proposed to address (1) the distribution of lead contamination in
surficial soils at the shooting range, (2) the estimated costs of any cleanup of the range, and (3)
the estimated cost to develop a safe and modern shooting range at the facility.
25
ATTACHMENT C
Describe the on-site project alternatives (and alternatives off-site locations, if applicable),
considered by the proponent, including at least one feasible alternative that is allowed
under current zoning, and the reason(s) that they were not selected as the preferred
alternative.
Alternative 1: There was discussion between the Division of Conservation Services and the
Barnstable Conservation Commission at the Commission’s January 7, 2014 meeting about the
possibility of retaining the Shooting Range parcel as an active shooting range under the
jurisdiction of the Conservation Commission under G.L. c. 40 s. 8C while removing the Self Help
Grant requirements in exchange for another parcel equal in area and value. After further
analysis it was determined that this was not as advantageous an alternative as the proposed
alternative of the removal of the Shooting Range parcel from Article 97 through the local and
state legislative process. Disadvantages included deviation from EEA Article 97 Disposition
Policy and the potential constraints that the continuation of 8C jurisdiction imposed upon making
the improvements necessary to operate a range that is safe and in compliance with current best
management practices. On June 24, 2014, the Conservation Commission voted that the
Shooting Range was no longer needed for 8C purposes, setting into motion the legislative
process to effectuate a land swap as delineated in EEA’s Article 97 Disposition Policy.
Alternative 2: Shooting range remains closed negating the need to proceed with the land
exchange. The alternative of closing the shooting range would result in the loss of an outdoor
facility in the Town of Barnstable for permit holders and law enforcement officials to use for
recreational and training purposes. This was not the preferred alternative by the Conservation
Commission therefore the “land exchange approach continued as the preferred alternative.
26
ATTACHMENT D
Summarize the mitigation measures proposed to offset the impacts of the preferred
alternative.
The mitigation measures are proposed to offset the impacts of the preferred alternative of
transferring the shooting range parcel to general municipal use in exchange for the Breed’s Hill
Road parcel. The monetary value of the Breed’s Hill Road parcel as an unrestricted municipal use
property is underscored by the fact that the Town paid approximately $100,000 per acre, one of the
town’s most expensive purchases on a per acre basis. The dedication of the Breeds Hill parcel for
conservation purposes in accordance with G. L. c. 40, §8C, will serve to protect the public water
supply and to increase the buffer zone for rare and endangered species in the Hyannis Ponds area
The designation would limit any potential development of the parcel for general municipal
purposes.
27
ATTACHMENT E
Land Section
II. Impacts and Permits
D
Documents describing conversion of land held for natural resources purposes in
accordance with Article 97 of the Amendments to the Constitution of the Commonwealth
to any purpose not in accordance with Article 97
Attached: Town Council Item #2015-005 and Item #2015-006
28
A.
OLD BUSINESS (May be acted upon)
BARNSTABLE TOWN COUNCIL
ITEM# 2015-005
INTRO: 08/07/14, 09/18/14, 10/16/14
2015-005
APPROVAL OF THE CHANGE IN CARE, CUSTODY, MANAGEMENT
CONTROL AND PURPOSE OF TWO PARCELS OF LAND, NAMELY A ±16.3 ACRE
PORTION OF TRACT I OF THE WEST BARNSTABLE CONSERVATION AREA
SHOWN ON ASSESSORS MAP 86 AS PARCEL 1 AND A ±17 ACRE PARCEL SHOWN
ON
ASSESSORS MAP 314 AS PARCEL 027001
ORDERED: SECTION 1: That, having received notice that the conservation commission
determined that the following parcel of land is no longer needed for the purposes set forth in
section 8C of chapter 40 of the General Laws of Massachusetts, the care, custody, management
and control of said parcel be transferred to the Town Manager to be held for general municipal
purposes, namely a 16.3 acre, more or less, portion of Tract I of the West Barnstable
Conservation Area having a street address of 875 Service Road shown on Assessors Map 86 as
Parcel 1 taken by eminent domain pursuant to chapter 79 for purposes of said section 8C by
order dated December 21, 1978 and recorded in the Barnstable County Registry of Deeds Book
2846, Page 129, which said 16.3 acres are further described on plan entitled “Plan of Land in
Barnstable (West Barnstable ) MA Prepared for the town of Barnstable Prepared By: the Town
of Barnstable - D. P. W. Survey Division Date: July 28, 2014 Scale: 1” = 80’”on file with the
Town Clerk; and
SECTION 2: That, having received notice that the Town Manager determined that the following
parcel of land containing 17 acres, more or less, is no longer needed for general municipal
purposes, the care, custody, management and control of said parcel be transferred to the
conservation commission to be held for the purposes set forth in section 8C of chapter 40 of the
General Laws of Massachusetts, namely the land having a street address of 145 Breed’s Hill
Road shown on Assessors Map 314 as Parcel 027001 acquired by deed dated May 15, 1986 and
recorded in said Registry in Book 5077 Page 300; and
SECTION 3: That the aforesaid transfers take effect upon recording of an instrument or
instruments by the Town Manager in the Barnstable County Registry of Deeds following the
effective date of legislation enacted by the General Court approving the transfer under section 1
of this order.
SPONSOR: Thomas K. Lynch, Town Manager
DATE
08/07/14
09/18/14
ACTION TAKEN
Continued to 9/18/14
Continued to 10/16/14
29
A.
OLD BUSINESS (May be acted upon)
BARNSTABLE TOWN COUNCIL
ITEM# 2015-006
INTRO: 08/07/14, 09/18/14, 10/16/14
2015-006
ORDER TO PETITION THE GENERAL COURT OF THE
COMMONWEALTH
TO ENACT SPECIAL LEGISLATION APPROVING THE
CHANGE IN CARE,
CUSTODY, MANAGEMENT CONTROL AND PURPOSE
OF TWO PARCELS OF LAND, NAMELY A ±16.3 ACRE PORTION OF TRACT I OF
THE WEST BARNSTABLE CONSERVATION AREA SHOWN ON ASSESSORS MAP
86 AS
PARCEL 1 AND A ±17 ACRE PARCEL SHOWN ON ASSESSORS MAP
314 AS
PARCEL 027001
ORDERED: That the Town Manager submits a petition to the General Court of the
Commonwealth for a special act approving the change in care, custody, management,
control and purpose of two parcels of land in the Town as follows.
“AN ACT AUTHORIZING THE TOWN OF BARNSTABLE TO TRANSFER TWO
PARCELS OF LAND.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by
the authority of the same as follows:
SECTION 1: The conservation commission of the town of Barnstable shall transfer the care,
custody, management and control to the Town Manager for general municipal purposes of a
certain 16.3 acre portion, more or less, of a larger parcel of land identified on assessors' map 5
as parcel 4, which was acquired by the town and held by the conservation commission for
conservation purposes pursuant to section eight “C” of chapter forty of the General Laws and
has been declared by the conservation commission to no longer be appropriate to be held by the
conservation commission for such purposes. Upon the transfer as provided in Section 3 the
Town of Barnstable shall be authorized to use the 16.3 acres, more or less, for general
municipal purposes. The 16.3 acres more or less declared surplus in order to be transferred as
provided in this section 1 are also shown on a plan entitled “Plan of Land in Barnstable (West
Barnstable) MA Prepared for the town of Barnstable Prepared By: the Town of Barnstable -D.
P. W. Survey Division Date: July 28, 2014 Scale: 1” = 80’” on file in the office of the town
clerk.
SECTION 2: To ensure a no net loss of lands protected for conservation purposes under
section 1, the Town Manager of the town of Barnstable shall transfer the care, custody,
management and control to the conservation commission for conservation purposes pursuant to
section eight “C” of chapter forty of the General Laws of a certain 17 acre, more or less, parcel
of land identified on assessors' map 314 as parcel 027001, which was acquired by the town and
30
held for general municipal purposes and has been declared by the Town Manager to no longer
be appropriate to be held by the Town Manager for such purposes. The parcel contains wetland,
upland and other significant natural features as well as potential for passive recreational use and
is bounded on the Southeast by public water supply land. Upon the transfer as provided in
Section 3 the parcel described herein shall be preserved as conservation land in accordance with
said section eight “C”. The 17 acres more or less declared surplus in order to be transferred as
provided in this section 2 are further described as Lot 1 on plan of land recorded in the
Barnstable County Registry of Deeds in Plan Book 417, Page 18 and was acquired by the Town
by deed dated May 15, 1986 and recorded in said Registry in Book 5077 Page 300.
SECTION 3: The Town Manager may execute and record any instruments necessary on behalf
of the Town to effectuate the transfers under sections 1 and 2 following passage of this act.
SECTION 4: This act shall take effect upon its passage.
SPONSOR: Thomas K. Lynch, Town Manager
DATE
08/07/14
09/18/14
ACTION TAKEN
Continued to 9/18/14
Continued to 10/16/14
31
BARNSTABLE TOWN COUNCIL
ITEM # 2015-006
INTRO: 08/07/14, 10/16/14
SUMMARY
TO:
Town Council
FROM:
Thomas K Lynch, Town Manager
THROUGH: Mark S. Ells, Assistant Town Manager
DATE:
August 4, 2014
SUBJECT: Approval of the change in care, custody, management control and purpose of two
parcels of land, namely a ±16.3 acre portion of Tract I of the West Barnstable Conservation area
shown on assessors map 86 as parcel 1 and a ±17 acre municipal parcel shown on assessors map
314 as parcel 027001
BACKGROUND: On December 11, 2012 the West Barnstable Shooting Range was closed
following notification from the Town’s insurance carrier that the Town no longer had coverage
under its existing policy. The Town commenced a multifaceted process involving the
Massachusetts Department of Conservation Services (DCS), Barnstable Conservation
Commission, Town staff and Town Council examining all aspects of reopening the shooting
range. One issue that arose following a letter from DCS to Barnstable Conservation Commission
on September 23, 2013 involved removing the range from 8C jurisdiction. Subsequent meetings
between DCS, Barnstable Con Comm. Town staff and Town Councilors resulted in the Town
proceeding with said removal.
ANALYSIS: It was recommended that the Town proceed with the process of removing the
shooting range parcel (±16.3 acres) from 8C jurisdiction. The Conservation Commission voted to
remove the shooting range from 8C on June 24, 2014. The Town Manager offers the 17 acre
municipal parcel for placement under 8C in exchange (provided the use of the Breeds Hill parcel
for the “swap” does require DCS review and approval). A two-thirds vote of the Town Council
and both branches of the State Legislature are needed to remove the range parcel from 8C
purposes. The Town Council would also need a 2/3 vote to change the purpose of the 17 acre
parcel Breed’s Hill parcel from general municipal purposes to §8C purposes.
FISCAL IMPACT: The fiscal impacts of this action are minimal and limited to associated
administrative costs.
TOWN MANAGER RECOMMENDATION: The Town Manager recommends that the Town
Council approve the action proposed by this order.
STAFF ASSISTANCE: Ruth Weil, Town Attorney
32
Summary of Exhibits
Exhibit 1:
Page 34
USGS Map West Barnstable Conservation parcel
Exhibit 2:
Page 35
Existing Conditions map of proposed 16.3 acres shooting rang site
Exhibit 3a:
Page 36
parcel
Priority & Estimated Habitat – West Barnstable Conservation
Exhibit 3b:
Page 37
Mass DEP Wetland – West Barnstable Conservation parcel
Exhibit 3c:
Page 38
Areas of Critical Environmental Concern – West Barnstable
Conservation parcel
Exhibit 3d:
Page 39
parcel
Exhibit 3e:
Page 40
Government Owned and/or other Protected Land – West
Barnstable Conservation parcel
Exhibit 3f:
Page 41
Historic Resources – West Barnstable Conservation parcel
Exhibit 4:
Page 42
USGS Map Breed’s Hill Road parcel
Exhibit 5:
Page 43
Existing Conditions map of the 17 acres Breed’s Hill Road parcel
Exhibit 6a:
Page 44
Priority & Estimated Habitat – Breed’s Hill Road parcel
Exhibit 6b:
Page 45
Mass DEP Wetland – Breed’s Hill Road parcel
Exhibit 6c:
Page 46
parcel
Areas of Critical Environmental Concern – Breed’s Hill Road
Exhibit 6d:
Page 47
Water Supply Protection Area – Breed’s Hill Road parcel
Exhibit 6e:
Page 48
Road parcel
Government Owned and/or other Protected Land – Breed’s Hill
Exhibit 6f:
Page 49
Historic Resources – Breed’s Hill Road parcel
Water Supply Protection Area – West Barnstable Conservation
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