Dear Wareham Week Readers:

I write to correct misinformation contained in a recent article published on a local website about Bob Brady’s, Dick Wheeler’s and my participation in reviewing a draft Conservation Restriction (“CR”) to be held by the Massachusetts Dept. of Fish and Game, relating to  Swifts Beach land the Town acquired in 2003.

We sent a letter dated June 24, 2010 to Wareham Community Preservation Committee (“CPC”) Chair Nan Miller.  CPC liaison Selectman Brenda S. Eckstrom and Craig A. McDonnell, Esq., Chief of Wildlife Lands at Mass. Div. of Fish and Wildlife were copied.

After two postponements, Mr. Brady and I appeared before the CPC during its regular meeting on August 11, 2010.  The CPC posted the meeting on its agenda for the original and rescheduled dates.  Mr. Bruce Sauvageau and Mr. and Mrs. David Begley also attended.

Accordingly, the author’s breathless claim to have only “learned” about our involvement via a Freedom of Information Act (“FOIA”) request to the state is amusing, since his chief editorialist attended the meeting and made an especially good suggestion about revising the draft CR to address our chief concern that wildlife habitat appeared to be the primary protected interest.

Further, the article contains the following untrue, misleading or inaccurate statements of fact:

• that I “act[ed] on behalf of Wareham residents Bob Brady and Dick Wheeler.” This is untrue: I was an equal signatory to the letter with Messrs. Brady and Wheeler and was not acting as their attorney.

• The headline alleging that “Brady, Haupt, Wheeler pressured state to kill proposed deed restriction at Swifts Beach” is also untrue.  While I cannot speak for Mrs. Haupt - with whom I have not spoken once about our letter or any other matter relating to the draft CR - the letter we sent to Chairman Miller stating our concerns speaks for itself.  In that regard, both our letter and the first six pages of the draft CR are linked below.  The reader may decide for him or herself whether we sought to “kill” the draft CR as alleged, or whether we, openly and in good faith, sought to correct serious flaws in the draft document.

• The article further implies that Attorney MacDonnell withheld communications he had with Mr. Brady.  Mr. Brady spoke two (2) times with Attorney MacDonnell by telephone, so unless Attorney MacDonnell took notes of these conversations, plainly no documents responsive to an FOIA request would exist.

• While I suppose I should be flattered at the author’s suggestion that state officials quailed before my mighty pen, my own review of internal Fish and Game email communications plainly shows that, even as of May 20, 2010, the local Fish and Game land agent expressed reservations whether Fish and Game would be an appropriate restriction holder for a beach property.  Again, our letter was dated June 24^th, a full thirty-four (34) days later.

So much for the author’s comic-book view of these events.

I remain willing to discuss any possibilities available to protect the land in perpetuity with any local stakeholders, especially including those abutters who will be most directly affected.  In that regard, it was my pleasure to meet with Mr. Sauvageau at his residence in early October to discuss such possibilities.  While our discussion was exploratory, it was mutually cordial and respectful, and I look forward to working with him - and any other Wareham residents interested - in arriving at a solution to put a painful chapter in our Town’s history to rest.

Very truly yours,

Peter W. Teitelbaum, Esq.

Text of our May 24, 2020 letter to Nan Miller, CPC Chair:

Peter W. Teitelbaum, Esq.

Robert Brady

Richard Wheeler

c/o Peter W. Teitelbaum, Esq.

30 Oak Street

Wareham, MA 02571

Cell: (617) 974-2868

Mrs. Nancy Joy Miller, Chairwoman

Community Preservation Committee

54 Marion Road

Wareham, MA 02571

June 24, 2010

RE: Conservation Restriction for Swifts Beach Properties,

Wareham Assessors Map 50B-2, Parcels B1, B2 and B3

Dear Chairwoman Miller:

It was a pleasure to discuss the above-referenced matter with you recently.  Thank you for providing the DRAFT Conservation Restriction (hereinafter “DRAFT CR”) relating to the above-referenced properties (hereinafter “the land”), and thank you also for your time spent during our discussions.

As you know generally from our most recent telephone discussion, I, along with Messrs. Brady and Wheeler, have reviewed the DRAFT CR.  We believe that the document is flawed in several respects, and that, while an appropriate document for the protection of a wildlife preserve, it does not contain suitable terminology and content for conserving and permitting the uses and values typically associated with a publicly-owned beach property.

Further in that regard, we have identified the following portions of the document that are problematic and that will require removal, editing or further explanation as the specific case may be, in order for the document to properly reflect the purposes for which the Town initially acquired, and subsequently approved additional Community Preservation funds to pay for, the land:

Section II

A.        Prohibited Acts and Uses

• “(1) Constructing, placing, or allowing to remain any temporary or permanent building, tennis court, landing strip mobile home, swimming pool, asphalt or concrete pavement, sign, fence, billboard or other advertising display, antenna, utility pole, tower, conduit, line, or other temporary or permanent structure or facility on, above or, under the Premises;”

The above section effectively prevents the Town from ever installing showers, a small bathhouse, a bathroom, a small food stand, electricity, lighting or plumbing on the property.  This in turn permanently prevents any ancillary use of the property to enhance the beach going experience.  While a restriction limiting the size and scope of structures on the property to such ancillary uses typically involved in the beach-going experience is certainly appropriate, this section as presently drafted goes too far and is plainly more suitable for the protection of a wildlife sanctuary where human uses of the land are necessarily severely limited.

Further, the above section would require the Town to remove any traces of current or historic human activity at or upon the property, including the removal of any existing concrete, fencing, still-existing subsurface plumbing from prior residences, etc.  The above section would also prevent the Town from erecting future fencing that may be necessary to protect dune and other sensitive areas, or from laying down wooden walkways to prevent beachgoers from trampling sensitive vegetation and/or habitat such as nests as they make their way to the beach.   We believe there should be a careful on-site inventory of existing structures or fixtures, followed by a detailed discussion with both the potential conservation restriction holder and citizenry so as to arrive at a reasonable consensus, rather than the boilerplate legalese bar provided in the DRAFT CR, apparently by Town Counsel.

• “(3) Placing, filling, storing, or dumping on the Premises of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, waste or other hazardous substance or hazardous material whatsoever or the installation of underground storage tanks;”

This provision as presently worded would bar the Town from placing trash barrels on the property, which would lead to increased litter.  We are also concerned that the bar against underground storage tanks, while certainly appropriate as against the storage of petroleum on the property, may also make it difficult for future generations to install a bath house or shower facilities if they so desire.

• “(4) Pollution, alteration, depletion, diversion, channelizing, damming, draining, or extraction of surface water, natural water courses, marshes, potential or certified vernal pools, subsurface water, or any other water bodies;”

Presently, there is a channeled drainage ditch running along the northeast edge of the property that drains water from a marshy area located off-premises.  We are concerned that absent a specific reference to this channel either excepting it from this provision or at minimum acknowledging its existence as being outside the purview of this document, its status could be impacted by this provision, to the possible detriment of property owners in the area.

• “(6) Activities detrimental to drainage, flood control, water conservation, water quality, erosion control, soil conservation, archaeological conservation, historic preservation, and protection of wildlife and shellfish and aquatic habitats and communities;”

We are frankly puzzled by the reference to “archaeological conservation,” which condition has never been stated to exist on the property and which term has never been invoked as a reason for obtaining the land.  Again, this provision appears to be legalese boilerplate cut-and-pasted from a CR drafted for a wildlife preserve that is not even remotely relevant to a beach environment.

Further, as presently drafted, this provision could be used to terminate ANY human use of the beach in favor of habitat protection.  This is not a suitable restriction for a beach property, where a proper balancing of human uses and natural habitat, not the creation of a wildlife sanctuary, should be the goal.

“(7) No snowmobiles, motorcycles, mopeds, all-terrain vehicles, bicycles, trail bikes, or any other motorized or non-motorized vehicles, or bicycles of any kind shall be used, parked, stored, maintained, operated or otherwise allowed on the Premises except for motorized wheelchairs or other disabled assistance devices of individuals with disabilities and vehicles necessary for public safety (i.e., fire, police, ambulance and other government officials) in carrying out their lawful duties;”

This subsection would effectively bar baby carriages or other types of pushcarts from the property.  It would also bar Municipal Maintenance vehicles from the property to collect trash or seaweed.  The subsection should be revised to permit Town vehicles access for maintenance purposes, and to permit the use of pushcarts and baby carriages in to-be designated areas.

• “(9) The use of the Premises for commercial, business or industrial purposes;”

We agree that any industrial use of the property is completely inappropriate, and support the bar against such activity.  On the other hand, we believe that certain types of low-impact commercial activity that are ancillary to, and potentially enhancements of, the beach going experience should not be barred.  To be clear, by “low-impact commercial activity,” we refer to such niceties as a hot dog or ice cream stand or cart, or a small bath house, not to the erection of large, permanent structures inuring to the substantial benefit of private parties.  We are also concerned that this term does not carry an exclusion for the Town to engage in such ancillary commercial activity.  Absent such an exclusion for the Town, the restriction as stated both forecloses potential future revenues for the Town and prevents future generations from deciding whether they wish to enhance their beach going experience.

Section II

B.        Reserved Rights and Exceptions to Otherwise Prohibited Acts and Uses

• “Notwithstanding Section II-A above, the Grantor reserves the right to conduct or permit the following activities and uses on the Premises, but only if such uses and activities do not materially impair the purpose of the Conservation Restriction or other significant conservation interests:”

(1) Recreational Activities: Non-commercial fishing and harvesting of shell fish (as permitted by the Grantor), swimming, hiking, cross-country skiing, bird-watching, nature study or research and other lawful non-motorized and passive outdoor recreational activities that do not materially alter the landscape or adversely affect wildlife and shellfish habitats and communities, and do not degrade environmental quality;”

Taken together, the preamble and subsection (1) create a plainly stated preference in favor of wildlife and marine habitat as against typical human beach going activities, with the Grantee provided the power to tell the Town not to use the beach as a beach.  As such, this language does not meet the “municipal purposes” for which Town Meeting originally voted to take the land in 2003, nor does it preserve the values inherent in the categories of “historic preservation, open space/recreation” for which Town Meeting approved the expenditure of Community Preservation monies to pay for the land in 2007.  Also, the use of such terminology as “cross-country skiing” and “bird-watching” that would be more appropriate for a wildlife preserve in the Berkshires once again suggests that the DRAFT CR is legal boilerplate that was not properly tailored to meet the existing conditions inherent in a beachfront property taken for recreational purposes.

Accordingly, this language – and indeed, the entire thrust of the DRAFT CR as presently constituted - is utterly inappropriate for preserving a beachfront property.  We suggest that a substantial reworking of these terms – via community discussion and involvement - is necessary before the Selectmen can reasonably be expected to execute this document.

To that end, Mr. Brady has spoken with Craig A. MacDonnell, Esq. of the Massachusetts Department of Fish and Game to both ascertain the status of the conservation restriction process and to obtain Fish and Game’s thoughts about the property.  During this discussion, Mr. Brady was informed that Fish and Game was in the process of inspecting the property.  Mr. MacDonnell also informed Mr. Brady that Fish and Game generally operated under the assumption that public hearings and support for the terms of a given CR had already occurred and/or been obtained prior to a municipality requesting Fish and Game to hold a CR, and he expressed some surprise that this had not been done prior to preparation of the DRAFT CR by Town Counsel.

In critiquing the process to date, please understand that we do not seek to blame you or other members of the Community Preservation Committee for the severe shortcomings in the current DRAFT CR document, but rather seek only to further discuss this matter so that a CR document properly reflecting the present and future conditions and uses of the actual property itself can ultimately be drafted and recorded.  We do not seek to continue the acrimonious debate relating to the taking of the property, nor do we represent in any fashion the concerns of any non-residents who had any past connection to the property: rather, we are simply interested in getting an appropriate CR placed upon the property that can both serve to end a contentious chapter in our Town’s history and protect the property as a functioning – and fun – Town-owned beach property for future generations.

To that end, may we request that you set aside time during a future Community Preservation Committee meeting for public comment and input into the creation of this document, with a representative of the Board of Selectmen present so that they may too be informed of the issues at stake in what will eventually become a document that not only binds us, but also those who will come after us.  Again, we appreciate the time you have already taken to discuss this document with us, and we look forward to discussing this matter further and working cooperatively with you.

Very truly yours,

Peter W. Teitelbaum, Esq.

Robert Brady

Richard Wheeler

cc: Selectwoman Brenda S. Eckstrom, CPC Liaison

Craig A. McDonnell, Esq., Mass. Div. of Fish and Wildlife

First Six Pages of the DRAFT Conservation Restriction, prepared by Kopelman & Paige:

GRANT OF

CONSERVATION RESTRICTION

THE TOWN OF WAREHAM, a Massachusetts municipal corporation, acting by and through its Board of Selectmen, with a mailing address care of Memorial Town Hall, 54 Marion Road, Wareham, Plymouth County, Massachusetts 02571, being the sole owner, for its successors and assigns (collectively, the “Grantor”), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, but for no monetary consideration, does hereby grants with Quitclaim Covenants to the COMMONWEALTH OF MASSACHUSETTS ACTING THROUGH ITS DEPARTMENT OF FISH AND GAME, having an address of 251 Causeway Street, Suite 400, Boston, Suffolk County, Massachusetts 02114, its permitted successors and assigns (collectively, the “Grantee”), in perpetuity and for the purposes set forth in Article 97 of the Amendments to the Massachusetts Constitution, a Conservation Restriction (hereinafter “this Conservation Restriction”), in accordance with Massachusetts General Laws (hereinafter “G.L.”) Chapter 184, Sections 31 and 32, and in accordance with the Special Fall Town Meeting Warrant, Article 1, October 27, 2003, and the Annual Fall 2007 Town Meeting Warrant Article, October 30, 2007, on those certain parcels of land located in the Town of Wareham, Massachusetts constituting approximately 5.35 acres (“Premises”), and is more particularly described in Exhibit A attached hereto and incorporated herein by reference and shown as “Lot B1” on Assessor’s Map No. 50B-2, a copy of which is attached hereto as Exhibit B and incorporated herein by reference.  For Grantor’s title see Plymouth County Registry of Deeds Book 27322, Page 115 and Document No. 556587 filed for registration with the Plymouth Registry District of the Land Court and noted on Certificate of Title No. 98018 in Registration Book 490, Page 18.

I.          PURPOSES

This Conservation Restriction is defined in and authorized by Sections 31-33 of Chapter 184 of the Massachusetts General Laws and otherwise by law.  The purpose of this Conservation Restriction is to assure that, while permitting the permitted acts and uses described in Section II-B herein, the Premises will be subject to the prohibitions described in Section II-A hereof so tha the Premises will be maintained in its current condition in perpetuity and for conservation purposes, predominantly in a natural, scenic, open and undeveloped condition for fish and wildlife conservation, natural habitat protection, associated passive public recreation and other conservation uses consistent with the spirit and intent of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, and to prevent any use or change that would significantly impair or interfere with its conservation values thereof, to allow public access for the enjoyment of the wildlife and open space resources of the Premises as specifically provided for herein, and for historical and archaeological resource preservation.  By vote of the Special Fall 2003 Town Meeting under Article 1, the Town approved taking the Premises by eminent domain for open space and recreational purposes and by vote of the Annual Fall 2007 Town Meeting under Article 17, the Town authorized appropriation of Community Preservation Funds and conveyance of a deed restriction to a state-approved conservation entity.  Certified copies of said Article 1 and Article 17 are attached hereto as Exhibit C and incorporated by reference.

The conservation values and the public benefits protected by this Conservation Restriction include the following, without limitation:

A.        The Premises in its present natural and open condition provides significant scenic, scientific, outdoor educational and recreational values and has not been subjected to development incompatible with said uses;

B.        The Grantor and Grantee recognize the uniqueness of the Premises as a distinctive Massachusetts landscape embodying the special character of the region in which the property is located and have the common purpose of conserving the natural values of the Premises for this generation and future generations;

C.        The Premises is a state designated barrier beach, where the Commonwealth of Massachusetts discourages development because of its sensitive nature, importance for flood damage abatement, and value as wildlife habitat;

D.        The Premises are a shellfish suitability area identified as desirable habitat areas for soft-shell clams, quahogs, bay scallops and American oysters.  These areas are identified based on the expertise of the Division of Marine Fisheries and local Shellfish Constables, input from commercial fishermen, and information contained in maps and studies of shellfish in Massachusetts (November 2008).  The protection of the Premises will enhance the ecological value and integrity of adjacent, similarly protected lands, creating a biological corridor.  The conservation of the Premises will contribute to the protection of the immediate area as a biologically diverse landscape and seascape.

E.         The protection of the Premises, being a coastal resource of Buzzards Bay, furthers Wareham’s Open Space Plan goal to protect as much of the remaining undeveloped coastline as possible;

F.         The Premises is in the 100-Year Flood Zone as determined by the Federal Emergency Management Agency (FEMA) and is also designated a velocity zone where the most damage occurs during coastal storm event; protection of this zone helps to mitigate wider damage;

G.        The Premises is adjacent to other town-owned land that has approximately 1460 feet of frontage on the Wareham River, connects the previously disconnected town-owned

land, and has 500 feet of additional frontage on the Wareham River and as such is an important resource area requiring protection under the Wetlands Protection Act and the Rivers Protection Act, G.L. c.131, § 40;

H.        The Premises enables enhanced public access to the beach;

I.          The Premises permits passive conservation and recreation uses by the public, such as swimming, hiking, walking, and nature observation; and

J.          This Conservation Restriction is in compliance with and required by G.L. c.44B, the Community Preservation Act.

Therefore, in order to preserve the Premises in perpetuity in its present natural, scenic, open and undeveloped condition, the Grantor conveys to the Grantee a perpetual Conservation Restriction within the meaning of G.L. c.184, § 31 et seq., as amended.

II.        PROHIBITED ACTS AND USES, EXCEPTIONS THERETO, AND PERMITTED USES

A.        Prohibited Acts and Uses

Subject to the exceptions set forth herein, the Grantor will neither perform nor allow others to perform the following acts and uses which are prohibited on, above, or below the Premises:

(1)    Constructing, placing, or allowing to remain any temporary or permanent building, tennis court, landing strip, mobile home, swimming pool, asphalt or concrete pavement, sign, fence, billboard or other advertising display, antenna, utility pole, tower, conduit, line, or other temporary or permanent structure or facility on, above or, under the Premises;

(2)   Mining, excavating, dredging, or removing from the Premises of sediment, soil, loam, peat, gravel, sand, rock, or other natural resource or natural deposit or otherwise make topographical changes to the Premises;

(3) Placing, filling, storing, or dumping on the Premises of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, waste or other hazardous substance or hazardous material whatsoever or the installation of underground storage tanks;

(4) Pollution, alteration, depletion, diversion, channelizing, damming, draining, or extraction of surface water, natural water courses, marshes, potential or certified vernal pools, subsurface water, or any other water bodies:

(5)   Cutting, removing, or otherwise destroying trees, grasses, or other vegetation or introducing invasive plants or animal species;

(6)   Activities detrimental to drainage, flood control, water conservation, water quality, erosion control, soil conservation, archaeological conservation, historic preservation, and protection of wildlife habitat and shellfish and aquatic habitats and communities;

(7)   No snowmobiles, motorcycles, mopeds, all-terrain vehicles, bicycles, trail bikes, or any other motorized or non-motorized vehicles, or bicycles of any kind shall be used, parked, stored, maintained, operated or otherwise allowed on the Premises except for motorized wheelchairs or other disabled assistance devices of individuals with disabilities and vehicles necessary for public safety (i.e., fire, police, ambulance and other government officials) in carrying out their lawful duties;

(8)   Conveyance of a part or a portion of the Premises alone, or division or subdivision of the Premises (as compared to conveyance of the Premises in its entirety which shall be permitted), and no portion of the Premises may be used toward building or development requirements on this or any other parcel;

(9)   The use of the Premises for commercial, business or industrial purposes;

(10)   Any other use of the Premises or activity thereon which is inconsistent with the purpose of this Conservation Restriction or which would materially impair its conservation interests unless necessary for the protection of the conservation interests that are the subject of this Conservation Restriction or which are prohibited by federal, state or local law, statutes, regulations, ordinances or codes.

B.        Reserved Rights and Exceptions to Otherwise Prohibited Acts and Uses

Notwithstanding Section II-A above, the Grantor reserves the right to conduct or permit the following activities and uses on the Premises, but only if such uses and activities do not materially impair the purpose of the Conservation Restriction or other significant conservation interests:

(1)   Recreational Activities. Non-commercial fishing and harvesting of shell fish (as permitted by the Grantor), swimming, hiking, cross-country skiing, bird-watching, nature study or research and other lawful non-motorized and passive outdoor recreational activities that do not materially alter the landscape or adversely affect wildlife and shellfish habitats and communities, and do not degrade environmental quality;

(2)   Coastal Zone Management.  In accordance with generally accepted coastal zone management practices (commonly utilized in the conservation of coastal and beach areas) or as may be otherwise required by any governmental authority or agency,  the dredging, removal, relocation and deposit of certain sediment, soil, loam, peat, gravel, sand, concrete, rock, or other mineral resource or natural deposit on the Premises or other topographical changes to the Premises, the pruning, cutting, removal, relocation and re-planting of trees, bushes, grasses, or other vegetation on the Premises for the following purposes: to improve wildlife and shellfish habitats and communities; to mark boundaries; to prevent, control or remove hazards, disease, or damage from insects, storm, or fire; to control or remove invasive or exotic species; or to preserve and stabilize the present condition of the Premises, including vistas, fence lines, trails, salt marshes, meadows and dunes and barrier and bathing beach areas; and piling and composting of brush, grass and similar biodegradable materials originating on the Premises in locations where they will not materially impair the purposes (including scenic values) of this Conservation Restriction at least fifty feet from watercourses and wetlands;

(3)        Non-native Flora.  The removal of non-native plants or invasive flora and interplanting of indigenous species, measures designed to restore native biotic communities, or to maintain, enhance, or restore wildlife, wildlife habitat, or rare or endangered species, including the control of noxious, nuisance or non-native plant or animal species, in a manner that minimizes damage to surrounding vegetation, non-target species, and water quality;

(4)        Wildlife Habitat Improvement.  Measure designed to restore native biotic communities or to maintain, enhance or restore wildlife, wildlife habitat, or rare or endangered species including selective planting of native trees, shrubs, and plant species;

(5)        Shellfish Habitat and Ecosystem Improvement.  Measures designed to maintain, enhance, or restore shellfish habitats and ecosystems;

(6)        Archaelogical Investigations.  The conduct of archaeological activities, including without limitation survey, excavation, and artifact retrieval, following submission of an archaeological field investigation plan and its approval in writing by the Grantee and State Archaelogist of the Massachusetts Historical Commission (or an appropriate successor official);

(7)        Trails, fences, Stone Walls.  The maintenance and use of those existing ways, trails, fences, bridges, gates, stone walls on the Premises, which have been previously established, installed or constructed by the Grantor, substantially in their present condition, or as hereinafter permitted, and if necessary, the creation of any new ways, trails, fences, bridges, gates, stone walls by the Grantor, so long as any such use is not significantly detrimental to water quality, wildlife and shellfish habitats and communities conservation, and/or coastal zone management practices of which is otherwise wasteful of the natural resources of the Premises, including, but not limited to, the salt marshes, meadows, and dunes and barrier and bathing beach areas;

(8)        Signs.  Subject to any applicable regional or local approvals, the erection, maintenance, and replacement of signs with respect to the Grantee’s interest in the Premises, the Premises status as a conservation reservation; the restrictions on the use of the Premises; notices of local and state ordinances relating to the use of the Premises; educational information; the identity or location of trails, areas of interest, natural features or other characteristics of the Premises, to mark property boundaries, hunting, trespass, educational information and for providing other like information;

(9)        Permits.  The exercise of any right reserved by the Grantor under this Section II-B shall be in compliance with the then-current Zoning, the Wetlands Protection Act, and all other applicable federal, state and local laws, statutes, regulations, ordinances, codes and permits.  The inclusion of any reserved right requiring a permit from a public agency does not imply that the Grantee or the Commonwealth takes any position of whether such permit should be issued;

(10)      Historic Restoration and Maintenance of the Premises. Any work required to restore and maintain the coastal marshes, meadows, dunes and barrier and bathing beach areas in substantially the same condition the Premises were in prior to 1938 and as recommended in that certain Ecological Evaluation of Natural Resources Swifts Beach, Wareham, MA dated June 2009 prepared by BSC Group, 349 Main Street, W. Yarmouth MA 02673 (a copy of which is filed with the Grantor’s Town Clerk’s office), including, but not limited to, the dredging, removal, relocation and deposit of certain sediment soil, loam, peat, gravel, sand, concrete, rock, or other mineral resource or natural deposit on the Premises or other topographical changes to the Premises, the pruning, cutting, removal relocation and re-planting of trees, bushed, grasses, or other vegetation on the Premises, and the removal of the existing concrete pad and certain other man-made structures, materials, equipment and debris located within the coastal marsh, meadow, and dune area of the Premises.

(11)      Restoration.  Except as otherwise set forth herein, any work undertaken in conjunction with the reserved rights mentioned above shall seek to minimize disturbance on the Premises and shall be done in accordance with any and all applicable federal, state and local laws, statutes, regulations, ordinances, codes and permits.  Upon completion of any site work performed, any disturbed areas shall be restored as is necessary to match the conditions with respect to soil material, grade, and vegetated ground cover that existed prior to said work (except with respect to any disturbance of the Premises as a result of the historic preservation thereof) or as may be required by any applicable federal, state and local law, statute, regulation, ordinance or code intended for the conservation of natural resources;

(12)      Motorized Vehicles.  The use and parking of motorized vehicles only as necessary by the police, firefighters or other governmental agents in carrying out their lawful duties and to conduct the activities permitted under this Section II-B, but not including recreational activities, and provided such use is not detrimental to water quality, wetland integrity, fragile habitat, and soil, wildlife, shellfish and plant conservation; and the use of a motorized wheelchair or other disabled assistance devices by an individual with disability(ies) in order to facilitate such individual’s participation in the activities permitted under this Section II-B;

(13)      Temporary Comfort Stations.  The use of a portion of the Premises from May 1 through October 1 each year, to install and maintain up to four (4) temporary portable comfort stations, which shall be sited as inconspicuously as possible; and

(14)      General.  With the Grantee’s written approval, other acts and uses that are consistent with the purposes of this Conservation Restriction, do not materially impair the conservation values of the Premises, and are not explicitly prohibited or in violation of any federal, state or local law, statute, regulation, ordinance or code, are permissible.

C.        Notice and Approval

Whenever notice to or approval by the Grantee is required under the provisions of Sections II-A or II-B above, the Grantor shall notify the Grantee accordance with Section XIII of this Conservation Restriction in writing not less than 60 days prior to the date the Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to its consistency with the purposes of this (end of Page 6)