Commission approves conservation restriction to protect North Falmouth Woodlands

The Falmouth Conservation Commission voted unanimously on Nov. 13 to issue a conservation restriction on a roughly 40-acre parcel in North Falmouth, moving the property closer to permanent protection.

Jessica Ritenour, executive director of the 300 Community Land Trust, said the 300 Committee will purchase the land and the commission will hold the conservation restriction (CR), the legal instrument staff said will extinguish development rights while allowing passive public access, trails and a parking area. "This partnership allows the 300 Committee to purchase the land and for the Conservation Commission to purchase the conservation restriction," Ritenour said.

Kelly Grant, land protection specialist with the Compact of Cape Cod Conservation Trust, told the commission the project has received a first land grant of $500,000 to help fund purchase of the CR. Grant said the closing is scheduled for Jan. 15, 2025, and the CR would be recorded at closing after commission and select-board approvals and state signature.

Commissioners asked procedural questions about signatures and whether the full commission must sign; staff said a quorum of commissioners present at closing can sign the restriction and offered to prepare printed copies for signatures. The commission then moved, seconded and voted by roll call to issue the conservation restriction. Commissioners present recorded unanimous votes.

Why it matters: A CR held by the commission limits future development on the parcel in perpetuity and preserves public-access and passive-recreation uses, officials said. The town-level holding of the restriction also creates a public record and a local enforcement path for the property’s conservation terms.

Next steps: The CR will be recorded at closing, the matter will proceed to the select board for separate approval, and the state must sign the instrument before it is final, staff said.