CONSERVATION
RESTRICTIONS
The Dennis Conservation Trust owns most its parcels of
land in the five villages of Dennis. Other parcels are
protected by the Trust by Conservation Restriction.
What is a Conservation Restriction?
A conservation restriction is a legal document, recorded at the Registry of
Deeds, which imposes either complete or partial restrictions on future development;
it can be permanent or for a specific time period. Conservation restrictions
are generally granted to towns or private land trusts. If granted to trusts,
they must be approved by both the Town and State of Massachusetts.
On some properties, the Trust spearheaded efforts to have a parcel of land
protected by cooperating with the Town of Dennis in the negotiations, providing
a portion of the funding, and/or assisting with grants to receive State and/or
Federal reimbursements. The Trust then joined the Town as a recipient of a
Conservation Restriction as an added layer of protection to keep the use of
acquired parcel as it was intended.
Chase Garden Creek at Beach Street
The first success of this type was property on Beach Street
and Johnson Lane, alongside Chase Garden Creek in Dennis
Village. The Trust negotiated the sale with the landowner,
raised $100,000, and worked with the Dennis Land Bank. The
4-acre property is now owned by the Town with the Trust holding
a CR (Conservation Restriction) in perpetuity to preserve
the parcel in its natural state.
Crowes Pasture, East Dennis
Another successful joint effort was
in the 138-acre East Dennis area known as Crowes Pasture, and
began when a 33-acre tract
abutting the very pristine wildlife area was earmarked for
development. After the initial work of a grass roots group
called “Save the Crowe,” and a negotiated “bargain” sale
with the developers, Chairman Henry Kelley II and the Land
Acquisition Committee recognized the purchase’s drain
on Land Bank funds. Chairman Kelley challenged the Trust
to help find outside funding sources. The Trust secured The
Compact of Cape Cod Conservation Trusts, Inc. to pursue grants
and to help organize a capital fund drive. With support from
donors throughout Dennis, the Trust pledged $450,000 to the
Town. After additional state and federal grants of $1,750,000,
the net cost to taxpayers was $2.7 million.
The Trust holds a CR on the parcel jointly with the state,
and has approval of the Town’s management plan for its
use. This project illustrated that the Trust can assist as
a non-profit partner working with the Town and others, and
is an example of how we must work in the 21st century: united
in our goal of preserving the best of what’s left, and
confident in our ability to do what’s right.
Seaview Playland, Dennisport
The Trust promoted acquisition of this wonderfully open area
that included a public beach, a stream, rolling terrain and
wetlands. The Town of Dennis acquired the parcel with a combination
of Land Bank money and municipal money. The Trust donated
$75,000 towards the purchase.
Bass River Park, West Dennis
The Trust was approached by representatives
of the developer of proposed 28-unit housing development to
explore negotiating
the sale by him to the Town of Dennis. The 3.5-acre parcel
was purchased by the Town in October 2005 for $3.4 million
for the purpose of public access to the water and water related
uses. The Trust is currently raising funds to finalize its
commitment for a $500,000 donation. The parcel received Massachusetts
and Federal grants totaling $2.1 million, resulting in the
Town’s portion of expenses being $800,000. This property
abuts two other Town owned properties. Plans are underway
for proposed uses and the Trust expects to receive a Conservation
Restriction to protect a large portion of the property for
the above-stated uses.
Family Properties
In the other cases, some families have granted the Trust
permanent conservation restrictions that will limit development
forever on their properties.
The first CR of this type was in 2001 on a 50-acre parcel
of land off Sesuit Neck Road, East Dennis. It has a large
water frontage on Cape Cod Bay, additional waterfront on
a pond on the property, charming dirt roads, and three residences
owned by the family. By granting this Conservation Restriction,
the family has given up the rights to build new homes, and
to essentially keep the property as it is. The advantage
to the landowner who grants conservation restrictions is
that they receive multiple benefits, including reductions
in Federal and State income taxes and local real estate taxes,
while continuing to own their properties.
Additional CRs in this pastoral section of East Dennis include
22 acres from the south side of Sesuit Neck Road to the Sesuit
Creek in 2002, and 6 acres of dune and beach, with the CR
granted in 2006. In the same area, the Trust owns an additional
7 acres. The net result is that through the efforts of the
Trust and the generosity of landowners, 85 acres are protected
in perpetuity. In the same
locale the Trust owns an additional 7 acres. The net result
is that through
the efforts of the
Trust and generosity of landowners, 85 acres are protected
in perpetuity.
For more information about conservation
restrictions, contact:
Richard
A. Johnston, President, Dennis Conservation Trust
C/o Wilmer Cutler Hale and Dorr
60 State Street, Boston, MA 02109
(617) 526-6282 |
UNDEVELOPMENT
“Un-development” has
become more important in recent years. The Trust has
had the vision to recognize these opportunities and
will continue to be receptive
to exploring them as they arise.
Crowes Pasture involved the
removal of a structure from a knoll, thus returning
the site
to its natural state. Seaview Playland was a privately
owned “pitch and putt” golf course and
amusement area. All of the buildings were removed leaving
magnificent rolling terrain, a waterway, small pond,
wetland, ocean view knoll and public beach. The property
plan is being formulated so that the 17 acres and views
will enhance the enjoyment of all in the area.
Bass River Park will benefit from un-development with
the removal of the buildings leaving greater access
for all to the 500 feet of riverfront that connects
with other Town-owned Bass River riverfront areas.
The momentum of un-development in some cases is like
finding lost art treasures … behind or under
the buildings lies the little bit of “Old Cape
Cod” that so many people have come to seek.
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