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Baseline management plan - Burts Bog 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: Burts Bog Municipality: Northampton Date acquired: June 30, 2017 Registry: Hampshire Book/page: Deed: book 12660, page 153 LAND #: 21 Date of report: June, 2017 Property location: Burts Pit Road, Stone Ridge Drive and Overlook Drive Size: 114.76 acres Interest held by city/town: Fee Other interest holders: CR to be held by Friends of Northampton Recreation 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 Burts Bog property, located at Burts Pit Road, Stone Ridge Road and Overlook Drive, (a portion of) Assessors’ map/lot 29-484, is owned by the Conservation Commission, for the purposes of conservation and passive recreation, in perpetuity. It was recorded on June 23, 2017, in book 12660 page 153 in the Hampshire Registry of Deeds. 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 Nrothampton 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. 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 Wayne Feiden, FAICP Property Owner Director of Planning and Sustainability, City of Northampton City Hall 210 Main Street Northampton MA, 01060 413-587-1265 Friends of Northampton Recreation, Inc CR Holder PO Box 60302 Florence MA, 01062 413-304-4211 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: Landscape conservation, biodiversity and resource protection, water resources protection, habitat conservation, preservation of vistas, passive recreation and creation of a recreational trail system 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 picknicking swimming non-motorized watercraft Uses consistent with the most current Conservation Commission’s Land Use Regulations, which are subject to revision. All passive recreational and conservation purposes Prohibited public activities: Note: These should be posted at the property entrance(s). motorized vehicles fires swimming horseback riding gardening/agriculture bicycle riding alcoholic beverages hunting entry after dark fishing collection of plants/animals/soil/rocks Additional comments on use of this property: A multi-use trail is planned for the property and is reserved in the conservation restriction Structures: Structures that do not contribute to the conservation Structure Description Intended use None Known stewardship issues/potential problems: Encroachment along boundaries by abutters Stewardship responsibilities: Entity responsible for management: Northampton Conservation Commission Plans for managing known stewardship issues: Increased signage of property, boundary marking, communication with abutters, refreshing of corner pins and markers, removal of historic debris, ongoing trail maintenance. Plans for regular management: Annual boundary walking and site inspection 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. None planned at this time, a stewardship plan was prepared in 2017, and recommendations may be implemented   Section III: Site Visit Report III.1. General information Date of inspection: June 2, 2017 Time spent on property: 6 hours People present: Name: Affiliation: Joseph Rogers City of Northampton 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 Biodiversity and Resource Protection and Landscape Conservation The property includes Northampton’s only bog, which provides habitat for a wide variety of plant and animal species 60, 54 Habitat Conservation The entirety of the 115 acres is located within BioMap2 Core Habitat, and abuts existing protected open space. It pro- vides habitat for at least two species of turtle. Wetlands and stream connections and possible vernal pools provide breed- ing habitat for reptiles and amphibians 32, 51, 52 Passive Recreation - Maintenance of a Recrea- tional Trail System The property provides opportunity for hiking and connects sever- al dense residential neighborhoods via series of woodland trails. A new multi-use trail expansion that will create new opportuni- ties for non-motorized travel is planned 24, 37, 38, 45, 49, 56, 57 B. Conditions of the property relevant to Permitted and Prohibited Uses: Activity Condition Photo Permitted Hiking The property already includes a trail network that connects neighborhoods 24, 37, 38, 45, 49, 56, 57 Prohibited Encroachment from abutting uses The property includes several instances of small encroachments from abutting residential uses, which will be addressed by the Commission 3, 7, 14, 22, 30, 31, 46 Dumping The property includes instances of historic refuse disposal, and disposal of yard waste, which are being addressed by the Commission.4, 5, 6 Camping Some evidence of past campsites is present, new signage at en- trances will clarify that this is not allowed 41 C. Additional remarks regarding the present condition of the property: The property’s most significant monitoring challenge will be ensuring that adjacent residential uses do not encroach onto the conservation area 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? Boundaries correlate to the survey included as an attachment. B. (If CR): Are portions of the property which are excluded from the Restriction marked or oth- erwise evident on the ground? NA C. Describe the condition of the boundary markings at all other points (i.e. stone wall, flagged, signed, unmarked): Many of the marking pins are . Some pins near adjacent residential uses are not evident, and may have been buried or removed. D. Describe the use of abutting properties, focusing on uses close to the boundary line: The property is bounded on the south by Burts Pit Road, to the west, north, and southeast by residential properties, and to the northeast by existing protected open space woned by the Conservation Commission E. Any other comments on boundaries? BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS Burt’s Bog Property, Northampton, MA 18 WAYPOINT & PHOTO GPS COORDINATES WAYPOIN T ID PHOTO ID Photo Azimuth/ Direction LATITUDE LONGITUDE PHOTO/WAYPOINT DESCRIPTION 31 1 285° 42.3160758 -72.68475763 concrete bound marker near trail head 32 2 70° 42.31565184 -72.68440484 metal pipe, corner 33 3 325° 42.31563424 -72.68459687 materials stored behind house on property line 34 4 235° 42.31527667 -72.68518997 old tree house 35 5 170° 42.31515806 -72.68580822 grass piles and tree clippings, encroachment 36 6 160° 42.3144912 -72.68599279 old basketball stand/hoop 37 7 115° 42.31439598 -72.68586488 tree house 38 8 165° 42.31394327 -72.68614015 metal pipe property boundary showing lawn encroachment 39 9 100° 42.3135541 -72.6861497 metal pipe no flag 40 10 130° 42.31283384 -72.6860202 metal pipe corner 41 11 35° 42.31261793 -72.68527932 corner pipe with rebar 42 12/13/14 320° 42.31266428 -72.68416193 property corner, trenched wetland 43 15 0 42.31279084 -72.6843123 lot corner 515 44 42.31290584 -72.68410929 lot corner 514 45 42.31292512 -72.6839207 lot corner 515 46 42.3131796 -72.68368869 lot corner 516 47 42.3133324 -72.68341452 lot corner 517 48 42.31346944 -72.68310229 lot corner 518 49 16 235° 42.31362979 -72.68277154 lot corner 519 corner of new lots 50 42.3131863 -72.68252713 lot corner 506 51 17 205° 42.31290149 -72.68232428 lot corner 505 52 18 325° 42.31307927 -72.68028773 view along property line road approx corner 53 19 310° 42.31422096 -72.68054296 metal pipe 54 20 42.31507634 -72.6806878 metal pipe corner 55 21 105° 42.31520684 -72.67956647 metal pipe 56 22/23 270°/110 ° 42.31530952 -72.67870934 start of old woods road, equipment stored on property line 57 24 195° 42.31553433 -72.67703597 foot path 58 25 350° 42.31380246 -72.67644782 lot access 59 26 215° 42.31452062 -72.67645217 gate and trail 60 27 345° 42.31694131 -72.67403349 view of swamp 61 28 350° 42.31815183 -72.67328566 staked corner 62 29 42.31826565 -72.6731078 garden and power line easement 63 30/31 5° 42.31862809 -72.67318994 view of property encroachment BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS Burt’s Bog Property, Northampton, MA 19 64 32 220° 42.31797346 -72.67762438 view of property encroachment 65 33 60° 42.3175024 -72.67998699 approx corner 66 34 85° 42.31740274 -72.68085536 metal pipe 67 35 220° 42.3171558 -72.6826138 metal pipe corner pin end trail 68 36 50° 42.31751899 -72.68266317 pin and barbed wire 69 37/38 45°/205° 42.31947348 -72.68220233 trail 70 39 150° 42.32030313 -72.68190494 metal pipe 71 40 330° 42.32033657 -72.68122475 road access 72 41 225° 42.32028603 -72.68331083 tent and debris 73 42 260° 42.32047688 -72.68375088 metal pipe 74 43 265° 42.32007396 -72.68584142 straightened channel 75 44 90° 42.31934315 -72.68653644 metal pipe boundary in wetland 76 45 75° 42.31856531 -72.68639412 trail 77 46 305° 42.31757842 -72.68619614 some encroachment 78 47 160° 42.31672942 -72.68601576 two corner metal pipe 79 48 42.31686344 -72.6848428 metal pipe 80 49 330° 42.31873688 -72.68391936 trail 81 50 60° 42.31983659 -72.68434986 random fence 82 51 155° 42.31784413 -72.68447952 forested land 83 52 160° 42.31625835 -72.68142667 wetland or potential vernal pool? 84 53 55° 42.31729662 -72.6789592 High density of mountain laurel 85 54 155° 42.31751296 -72.67617624 property corner view of wetland 86 55 330° 42.31574622 -72.67973151 5 tires 87 56/57 230°/355 42.31435197 -72.68358258 trail 88 58-62 42.31464433 -72.68498973 20 barrels (paintball range) toy house, wood on trees Waypoints 31 through 88 and associated photos taken by Joe Rogers 6/02/17 between 9 am and 2:45 pm. Waypoint data collected with a GARMIN GPSmap 60CSx GPS unit. Photos taken with a Canon PowerShot A630 camera. BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS [BURTS BOG PROPERTY, NORTHAMPTON, MA] Photo 1. Waypoint 31. 285° Concrete bound marker near trail head. Photo 2. Waypoint 32. 70° Metal pipe, corner. Photo 3. Waypoint 33. 325° Materials stored behind house on property line. Photo 4. Waypoint 34. 235° Old tree house. BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS [BURTS BOG PROPERTY, NORTHAMPTON, MA] Photo 5. Waypoint 35. 170° Grass piles and tree clippings near property line. Photo 6. Waypoint 36. 160° Old basketball hoop.  Photo 7. Waypoint 37. 115° Tree house. Photo 8. Waypoint 38. 165° Metal pipe property boundary line showing some lawn encroachment. BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS [BURTS BOG PROPERTY, NORTHAMPTON, MA] Photo 9. Waypoint 39. 100° Metal pipe no flag. Photo 10. Waypoint 40. 130° Metal pipe, corner. Photo 11. Waypoint 41. 35° Corner pipe with rebar. Photo 12. Waypoint 42. 320° Property corner, trenched wetland. BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS [BURTS BOG PROPERTY, NORTHAMPTON, MA] Photo 13. Waypoint 42. 320° Property corner, trenched wetland. Photo 14. Waypoint 42. 320° Property corner, trenched wetland Photo 15. Waypoint 43. 0° Lot corner 515. Photo 16. Waypoint 49. 235° Lot corner 519, corner of new lots. BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS [BURTS BOG PROPERTY, NORTHAMPTON, MA] Photo 17. Waypoint 51. 205° Lot corner 505. Photo 18. Waypoint 52. 325° View along property line road approx corner. Photo 19. Waypoint 53. 310° Metal pipe. Photo 20. Waypoint 54. Metal pipe corner. BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS [BURTS BOG PROPERTY, NORTHAMPTON, MA] Photo 21. Waypoint 55. 105° Metal pipe. Photo 22. Waypoint 56. 270° Start of old woods road, equipment stored on property line. Photo 23. Waypoint 56. 110° Start of old woods road, equipment stored on property line. Photo 24. Waypoint 57. 195° Foot path. BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS [BURTS BOG PROPERTY, NORTHAMPTON, MA] Photo 25. Waypoint 58. 350° Lot access. Photo 26. Waypoint 59. 215° Gate and trail. Photo 27. Waypoint 60. 345° View of swamp. Photo 28. Waypoint 61. 350° Staked corner. BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS [BURTS BOG PROPERTY, NORTHAMPTON, MA] Photo 29. Waypoint 62. Garden and power line easement. Photo 30. Waypoint 63. 5° View of encroachment and stored materials along property line. Photo 31. Waypoint 63. 5° View of stored materials on city property. Photo 32. Waypoint 64. 220° View of woods. BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS [BURTS BOG PROPERTY, NORTHAMPTON, MA] Photo 33. Waypoint 65. 60° Approx corner. Photo 34. Waypoint 66. 85° Metal pipe. Photo 35 Waypoint 67. 220° Metal pipe corner pin end trail. Photo 36. Waypoint 68. 50° Pin and barbed wire in tree stump. BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS [BURTS BOG PROPERTY, NORTHAMPTON, MA] Photo 37. Waypoint 69. 45° Trail. Photo 38. Waypoint 69. 45° Trail. Photo 39. Waypoint 70. 150° Metal pipe. Photo 40. Waypoint 71. 330° Road access. BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS [BURTS BOG PROPERTY, NORTHAMPTON, MA] Photo 41. Waypoint 72. 225° Tent and debris. Photo 42. Waypoint 73. 260° Metal pipe. Photo 43. Waypoint 74. 265°Stream along property boundary. Straightened channel. Photo 44. Waypoint 75. 90° Metal pipe boundary in wetland. BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS [BURTS BOG PROPERTY, NORTHAMPTON, MA] Photo 45. Waypoint 76. 75° Trail. Photo 46. Waypoint 77. 305° Some encroachment. Photo 47. Waypoint 78. 160° Two corner pipe. Photo 48. Waypoint 79. Metal pipe. BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS [BURTS BOG PROPERTY, NORTHAMPTON, MA] Photo 49. Waypoint 80. 330° Trail. Photo 50. Waypoint 81. 60° Random fence in woods. Photo 51. Waypoint 82. 155° Forested view. Photo 52. Waypoint 83. 160° Swamp or potential vernal pool? BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS [BURTS BOG PROPERTY, NORTHAMPTON, MA] Photo 53. Waypoint 84. 55° Dense area of mountain laurel. Photo 54. Waypoint 85. 155° Property corner at wetland edge. Photo 55. Waypoint 86. 330° 5 Tires in woods. Photo 56. Waypoint 87. 230° Trail. BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS [BURTS BOG PROPERTY, NORTHAMPTON, MA] Photo 57. Waypoint 87. 355° Trail. Photo 58. Waypoint 88. 20 barrels (paintball range) toy house, wood nailed to trees. Photo 59. Waypoint 88. 20 barrels (paintball range) toy house, wood nailed to trees. Photo 60. Waypoint 88. 20 barrels (paintball range) toy house, wood nailed to trees. BASELINE DOCUMENTATION REPORT BASELINE PHOTOGRAPHS [BURTS BOG PROPERTY, NORTHAMPTON, MA] Photo 61. Waypoint 88. 20 barrels (paintball range) toy house, wood nailed to trees. 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 at a public meeting Section VI: Signatures I certify that the above Baseline Documentation Report and Land Management Plan is accurate and complete. I understand that this property is permanently protected open space under Article 97 of the Massachusetts Constitution, for conservation and passive recreation uses, under the care and control of the Conservation Commission. I understand that the property may not be sold, subdivided, altered, or used for any other purposes, except by all of the following: approval of the Conservation Commission; approval of the municipality by town meeting/city council vote; vote of approval by both houses of the Massachusetts State Legislature; approval by the Governor of Massachusetts; mitigation by replacement with an unpro- tected property of equal or greater size, value at the time of disposition, ecological value, and passive recreational value, subject to approval by the Secretary of Energy and Environmental Affairs. Any change in use must also adhere to all relevant environmental laws and regulations, including but not limited to the Massachusetts Environmental Protection Act and Endangered Species Protection Act, the Wetlands Protection Act, the Rivers Protection Act, and Global Warming Solutions Act. ________________________________________________________________________ Preparer Print name ________________________________________________________________________ Municipal Chief Executive Officer Print name ________________________________________________________________________ Conservation Commissioner Print name ________________________________________________________________________ Conservation Commissioner Print name ________________________________________________________________________ Conservation Commissioner Print name ________________________________________________________________________ Conservation Commissioner Print name ________________________________________________________________________________________________ Print name ________________________________________________________________________________________________ Print name ______________________________________ Date