To create formal guidelines regarding the operations and maintenance of a new dog park and in the Town of Brewster - 4/27/21 (FINAL) - Brewster ...
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Brewster Dog Park
Brewster, Cape Cod, Massachusetts
Operations and Maintenance
Plan
Spring 2021
MISSION STATEMENT
To create formal guidelines regarding the operations and maintenance of a new dog park and in the
Town of Brewster.
4/27/21 (FINAL) 1Table of Contents INTRODUCTION.....................................................................................................................................3 BACKGROUND AND HISTORY ...........................................................................................................3 – 5 ASSUMPTIONS.........................................................................................................................................5 SITE SELECTION......................................................................................................................................6 DESIGN FEATURES .................................................................................................................................6 - 7 MANAGEMENT ........................................................................................................................................7 - 8 MAINTENANCE .........................................................................................................................................8 - 9 VOLUNTEERS.............................................................................................................................................9 EDUCATION................................................................................................................................................9 SANITATION...............................................................................................................................................9 LANDSCAPING............................................................................................................................................9 - 10 EQUIPMENT MAINTENANCE.................................................................................................................10 UTILITIES ...................................................................................................................................................10 BUDGET.......................................................................................................................................................10 - 12 APPENDICES ..............................................................................................................................................13 - 20 Appendix 1: Dog Park Rendering..........................................................................................................................13 Appendix 2: Dog Park Rules....................................................................................................................................14 Appendix 3: Nauset Disposal Pledge of Support………………………………………………………….………15 Appendix 4: Agway of Cape Cod Pledge of Support…………………………………………………..…………16 Appendix 5: Friends of Brewster Dog Park Facebook Page………………………………………….………17 Appendix 6: FBDP & Town of Brewster Memorandum of Understanding ……………………………17 – 20 4/27/21 (FINAL) 2
Dog Park Operations and Maintenance
Introduction
Dog parks have grown in popularity throughout the country as more people have pets and are
asking that communities provide recreational opportunities for them. The Town of Brewster is no
exception. This planning document has been developed in response to resident advocacy and in
line with the 2018 Town of Brewster Vision Plan for a “no fee” dog park and to assure that, moving
forward, the proposed dog park is successful and well received.
This document provides historical information on the background leading up to the development
of the Dog Park and associated guidelines.
Background and History of Park Establishment Efforts
Public advocacy to establish dog parks dates to the mid 1990’s.
Dog Park Development Committee (“The Committee”) established by Select Board in 2013
to determine the need, evaluate suitable locations, identify amenities necessary for a fully
functional dog park, make recommendations on funding for capital and operating costs, and
identify/incorporate other stakeholders in the public participation process.
Numerous sites evaluated over several years.
Site near Police Department approved by Select Board in December 2017.
The Stanton Foundation awarded Brewster a Phase 1 $25,000 park design grant in February
2018, with the possibility of a Phase 2 grant of up to $225,000 for construction.
The Berkshire Design Group created design proposals and community input was provided
at public meetings in 2018.
Author and dog park expert Marilyn Glasser consulted with the Committee on important
park attributes and construction flaws to avoid to ensure success.
The Vision Committee (2018) identified a dog park as an amenity desired by the citizens of
Brewster.
Public engagement:
o Public input solicited at multiple meetings (2018 - ongoing)
o Town website updates posted, flyers distributed.
The non-profit group, Friends of Brewster Dog Park (FBDP), was established for fundraising
and other activities in 2019. The FBDP has attained 501(c)(3) non-profit status with the
Internal Revenue Service allowing tax-deductible donations to be made to the Dog Park.
o FBDP sent a mailing to all registered dog owners November 2018
Project was bid for the first time in April 2019. Three companies submitted lump sum bids
that ranged from $468,000 - $567,000. Community Preservation Committee (CPC) approved
$50,300 in funding. Based on data received from the Stanton Foundation, it was determined
the Town had narrowly missed the preferred bid timeframe. Stanton Foundation studies
found that the preferred time of year to seek bids was fall and winter.
Based on the Stanton studies and additional recommendations it was determined to go back
out to bid in October 2019 with a line item bid when constructions costs were expected to
be lower. If the costs came in too high again then the committee could learn where the costs
were and consider rebidding in January 2020.
4/27/21 (FINAL) 3 Project was bid for second time October 2019. Four companies submitted line item bids
that ranged from base bids of $425,000 to $553,000 and an additional cost for the
alternatives (full design) ranging from $509,000 to $564,000). CPC approved $52,800 for
recreational use to assist with the development.
Because the second round of bids were consistent with the first round, despite an
expectation of being lower, it was recommended to the Committee to not revise the bid
package to go out to bid a third time in January. The Committee could keep trying to strip
down the design but to create a well-designed, safe, fully accessible dog park that the Town
wanted it would cost ~$500,000.
Faced with the dilemma of choosing the best path forward, the Committee voted to rescind
the fall 2019 CPC request in the Town Warrant.
The Committee has worked effectively for several years in moving this project ahead, but
with the disappointing results of two rounds of bids it sought guidance from the Select
Board and Town Administration in December 2019.
The Select Board and Town Administration directed the Committee to proceed with a
multipronged approach that could include:
o Approaching the CPC for additional funding;
o Having Brewster Department of Public Works (DPW) perform some of the work;
o Continue to explore grants, state budget, and earmarks and continue the successful
FBDP fundraising.
In February 2021 the third round of base bids ranged form $401,279 to $869,760 and an
additional cost for the alternatives (full design) ranging from $491,760 to $1,003,980. It
was decided to award the low base bid $401,279 to local contractor, Speakman Excavating,
LLC, Harwich, MA, subject to availability of funds and approval at Town Meeting. If
approved, the $225 Stanton Foundation Grant; the $185K from the CPC will be used to
award the base bid, including a small contingency. The alternatives (e.g. water stations,
signage, waste stations, shade trees and benches) will bid by, and work performed by the
Town with $50K in funds from the non-profit FBDP. The full cost of the dog park is expected
not to exceed $460k and may come in lower with in-kind donations and continued fund
raising efforts of the FBDP.
COST Overview:
April 2019 bid results ranged from $468k - $567k.
October 2019 bid results ranged from $425k - $553k
Feb 2021 – bids results ranged from $402k-$1M.
FUNDING PLAN:
Construction funding:
The Stanton Foundation awarded the Town $25k in 2018 to design a park, completed by
Berkshire Design Group.
The Stanton Foundation will award the Town a $225k construction grant, phase 2 with the
approval of the dog park at town meeting and securing CPA funds.
The Friends of Brewster Dog Park, Inc. (FBDP), a non-profit, will donate $50k towards
construction costs which will be used to fund the bid alternates (e.g. water fountains, signs,
waste stations, shade trees, benches) coordinated by the Town.
4/27/21 (FINAL) 4 The balance of construction funding $185k, was approved (Feb ’21) by the Community
Preservation Committee using Community Preservation Act (CPA) funds. CPA funds are
collected in an annual 3% local property tax surcharge (not a tax increase) and amounts
collected are currently matched by the State at 35%.
Operating & Maintenance funding:
The FBDP provided a draft Memorandum of Understanding to the Town outlining their role
in running the day-to-day operation of the dog park with volunteer Stewards. The goal is to
minimize the burden on the Town, both in management and financial obligations.
Agway of Cape Cod is committed to supporting the dog park by donating or heavily
discounting needed supplies, and construction items including Mutt Mitts, benches, plants,
mulch, and other items necessary long-term sustainability of the dog park.
Nauset Disposal has agreed to be a park supporter through the in-kind donation of waste
disposal.
The Stanton foundations phase 3 program awards grants for capital improvements and
repairs outside of regular maintenance. The park is eligible for grants at 12, 18 and 24
months after opening. Each grant may be equal to 5% (approx. $23,000 assuming a $460k
build) of construction costs.
In addition to the $50,000 commitment towards the construction FBDP anticipates fund
raising activities to make improvements to the park (shed, safety and maintenance
equipment etc.) to ensure that the dog park is not a maintenance burden to town residents.
The FBDP has met with Cape Abilities and the Latham Center, to increase community
involvement, recruit and train stewards as volunteers to assist with the operation of the
park and participate in fundraising activities. It is expected that Brewster, much like many
other dog parks both locally and nationally, will have a strong group of volunteers, when the
park is approved.
Assumptions
The Dog Park Development Committee was established in response to a community
desire for a dog park.
Dog parks are valuable community amenities, like other recreational facilities.
Municipal dog parks are increasingly popular recreational facilities where dogs and their
owners can exercise, play and socialize in a safe, off-leash environment.
Parks allow people to learn helpful dog management strategies from each other.
Parks allow dogs to have social interaction and off leash exercise with other dogs.
Dog parks are a place for non-dog owners to recreate and socialize too.
Brewster has about 1,175 licensed dogs.
A dog park would benefit both residents and be attractive to visitors. About 30% of the
Cape’s summer visitors travel with their pet.
A dog park allows a safe alternative to our beaches in the summer, and other areas
where dogs are prohibited.
A dog park provides an alternative to open conservation lands which may be heavily
infested with ticks.
4/27/21 (FINAL) 5Site Selection
The Dog Park will be comprised of approximately 2.4 acres and is located on a portion of town-
owned property located on Harwich Road in Brewster and shown on Assessor's Map 64, Parcel 28
(The Premises). The large dog section will be approximately 45,000sf or 1 acre, and the small dog
section will be approximately 21,500sf or ½ acre. The Premises is under the care and control of the
Select Board, is comprised of approximately 41.28 acres, and is more particularly described in a
deed to the Town of Brewster, dated 15 August 1995 recorded with Barnstable Registry of Deeds in
Book 9799, Page 016.
The dog park site was chosen due to limited abutters, was adequately sized, was town owned, and
was not being used for any other purpose.
Design Features
2 play areas: one for small dogs and one for large dogs
Double-gated park entrance
Shade areas (retaining select trees)
Water stations
Play mounds
Benches
Designated parking with expansion possibilities
Handicapped accessible with a hardscape walking
Pathways inside the park
Signs with rules and polices
Dog waste bad dispensers and waste receptacles
Fence Height and Material:
5-foot vinyl coated chain link fences. Double-gated entries to allow for dog owners to unleash
the dogs in a corral prior to letting the dog run free.
Surfacing:
Multiple surfacing types including rice stone, asphalt, and mulch.
Separate Small and Large Dog Areas:
Site Furniture and Other Amenities: Benches, play amenities (mounds and bridge),
possibly community bulletin boards to post announcements and natural shade structures.
Trash Cans and Bag Holders: Trash containers with bag holders and provided bags.
4/27/21 (FINAL) 6 Signage: Posted rule signs.
Water: Drinking fountains will be provided and will include a dog drinker/bowl.
Lighting: As the park areas are open between ½ hour after sunrise and sunset, lighting will
not be provided as an additional amenity.
Agility Equipment: Currently, agility equipment amenities will not be included; however, the
FBDP may consider this amenity in future years.
Ease of Maintenance: Service gates and trash barrels will be located such that maintenance
vehicles may easily enter from the existing park road, parking lot, or street frontage.
Bulletin Board: A community kiosk and bulletin board will be provided as a place to post
notifications for meetings, Steward workdays, and special events.
ADA Access: Compliance with the ADA for access to the site as well as an asphalt path
through park was a priority and requested during the resident input phase.
Buffer from Residential: The dog park was designed to provide a buffer between the few
nearby residences and the dog park. The buffer allows for neighbors to have no more
disturbances from a dog park than other typical park uses.
Conflict Avoidance: The dog park was designed to provide a sufficient buffer between the
dog park area and the Police Department and visitors to the Cemetery.
Protect Natural Areas: Dog park areas will not be located in or in close proximity to natural
areas where flora and fauna, such as ground nesting birds, small mammals, and native plants,
would be disturbed.
Management
Staffing:
The FBDP, through a proposed Memorandum of Agreement with the Town of Brewster will run
the day-to-day operations of the park with Select Board oversight. The FBDP will use volunteer
Stewards to monitor the dog parks on a daily basis, as well as, ensure that the park is free of dog
waste and waste bags stations are filled. Involvement of community members will serve to
increase acceptance of the dog park and help minimize problems. FBDP will establish a plan for
future amenities and improvements so that if funding for park amenities is donated, there is a
plan for inclusion in the existing dog parks. The Latham Centers, Inc., supports the Dog Park
and is excited to have their adult residents volunteer as Stewards. Additionally, the Town of
Brewster will add this municipal volunteer opportunity to the list of those eligible for the Senior
Real Estate Tax Abatement Program.
4/27/21 (FINAL) 7The Friends of Brewster Dog Park, Inc., is a 501(c)(3) non-profit group that is dedicated to assisting
the Town to build, operate, maintain and provide stewardship for the Brewster Dog Park. Their
goal is to provide a safe, year-round, handicapped accessible, beautiful dog park, open to the public
free of charge; a place where our community of dogs (and dog people) can play, stretch their legs
and socialize with other four-legged friends and people. The FBDP has been issued a Certificate for
Solicitation from the Commonwealth of Massachusetts, Office of the Attorney General and as Tax-
deductible donations may be made to:
Friends of Brewster Dog Park, Inc., 65 Harmony Ln., Brewster, MA 02631
Volunteers and stewards will be needed to help keep the park a great place to visit. Please
consider joining the volunteer team. If interested in volunteering or supporting, please send an
email to: friendsofbrewsterdogpark@gmail.com.
The FBDP and it’s in-kind donations from Agway of Cape Cod, Nauset Disposal and other yet to
be identified entities seek to limit the financial burden on the Town of Brewster by pledging
$50,000 to the construction funding and another $25,000 for the maintenance and stewardship
of the Brewster Dog Park. FBDP Volunteers will provide approximately 2,000 hours of
volunteer services annually, per FBDP estimates. This will consist of Volunteer Stewards who
will coordinate the day-to-day operations of the Dog Park, as well as Directors of the non-profit
overseeing administrative items. In addition, the Latham Center in Brewster has expressed an
interest to assist the FBDP in fundraising efforts and to utilize the dog park in their programs to
enrich the lives of their students and adult residents.
Fines: The Select Board through the Animal Control Officer will determine if warning tickets
and/or fines will be levied for not following posted rules.
Entry Fees: The use of the dog park will be free of charge.
Hours of Operation: Dawn to dusk.
Dog License: Obtaining a dog license is a requirement.
Size: The large dog section will be approximately 45,000 sf or 1 acre, and the small dog section will
be approximately 21,500 sf or ½ acre.
Maintenance:
As with any outdoor space, the dog park will have to be maintained. Some small surfaces may need
to be weeded throughout the growing season. Snow may need to be removed from parking lots.
Trash and waste stations should be picked up regularly (Nauset Disposal will perform at no cost),
and pathways will need to be maintained on a regular basis.
The DPW will schedule maintenance in the early morning on the same day every week, so that
there will be a standard closing of the dog park once per week to assess and perform the
maintenance. During snowstorms, the dog park will be maintained on the same schedule as other
Town Parks.
4/27/21 (FINAL) 8Community support and participation are critical in the overall success of a dog park and daily maintenance items that will be performed by the DPW, the Brewster Water Department (BWD), the Captain’s Golf Course (CGC), FBDP volunteer Stewards and Nauset Disposal (Nauset) will include, but is not limited to: - Tending to surfacing – filling holes (DPW) - Hand weeding / tending to landscaping (do not use toxic spray) (DPW) - Removing dog waste (FBDP) - Spraying / hosing down equipment, furnishings, trash receptacles (FBDP / DPW) - Refilling disposable waste bags (FBDP) - Emptying trash receptacles (Nauset) - Inspecting fence for damage (FBDP / DPW) - Inspecting gates and locking mechanisms (FBDP / DPW) - Inspecting equipment and amenities (FBDP / DPW) - Inspect and test water fountains to ensure they are operating properly. (FBDP/ DPW / BWD - While outside toys and treats should be discouraged, as they may create competitive situations between dogs, be sure to pick up and dispose of outside dog toys that may have been left behind. The volunteer Stewards and FBDP as the organization operating the dog park, will ensure that the lines of communication are open between the Town of Brewster, as well as the community using the dog park. This is critical to ensure ongoing success and timely maintenance. Volunteers: Volunteer involvement will be heavily encouraged to promote stewardship of Dog Park. FBDP will work with park volunteer staff to help develop programs and events, and recruit Stewards. Education: The FBDP, in concert with the Brewster Veterinary Hospital, a Certified Professional Dog Trainer and the Brewster Animal Control Officer will develop programs to educate park users on dog etiquette, and to educate the community about dogs and dog parks in general. Sanitation: While ideally, all owners should pick up their dog’s waste, the FBDP have a plan for regular inspection and pick up of inadvertent waste that has been left behind. Agway of Cape Cod will provide biodegradable, disposable waste removal mitts (Mutt Mitts) at no cost to the Town. Nauset Disposal will provide dog waste collection at no cost to the Town. Pet friendly cleaners or deodorizers, as needed, should be used on surfaces, fencing, etc. Landscaping: Committee will ensure that plantings inside the dog park perimeter are non-poisonous to people and pets. Committee will also maintain sightlines throughout the dog park by keeping interior plantings trimmed and neat. DPW & FBDP will inspect plants within the dog park for damage caused by urine and chewing, and consider replacement plants that are not as susceptible. As an example, some dogs like to chew grass, and it is easily browned by repeated urination. 4/27/21 (FINAL) 9
FBDP & DPW will inspect plantings used around the outside perimeter of the dog park, trim and replace as necessary. Ensure there are no “escape routes” tunneled, dug, or otherwise established to ensure dogs stay contained within the dog park. DPW will fill any holes that have been dug. DPW will irrigate as necessary. Mow grass as needed. DPW will replenish decomposed bark or wood chips. DPW will be responsible for leaf removal and Fall Clean-up; however, “work parties” comprised of FBDP will be encouraged to assist. On overly warm days, FBDP will check surfaces, to ensure it isn’t too hot, as some surfaces may become too hot in direct sunlight for dogs’ paws. Park may close or DPW may be requested to temporarily activate the irrigation system to cool surfaces. DPW to remove snow, as necessary on the same schedule as other Town Parks. DPW to remove weeds. Note: This may become labor intensive and require a work party organized by FBDP. Equipment Maintenance: DPW inspect and test all amenities for damage. Inspect bridge and tighten all bolts on equipment and seating. FBDP will inspect dog-waste stations, refilling bags and emptying used waste bags as needed. FBDP will empty trash receptacles onsite. DPW will ensure all amenities are free of graffiti. Utilities: BWD and CGC will winterize fountains and sprinkler system, and turn off, as appropriate. Budget: The two driving forces in the majority of the costs are waste disposal and mutt mitts and these are being donated. Over five years, the range in the yearly cost is expected to be $10,500 to $12,500, with the Town responsible $1,000 to $3,000. DPW incorporates general maintenance, leaf and snow removal in the general DPW budget, as individual park locations are not separated out and “billed” individually. 4/27/21 (FINAL) 10
Proposed Estimated Annual Budget
Waste Removal - $6,000/year – Donated by Nauset Disposal. If Nauset Disposal ever
ceases to donate these services, it is the intent of the FBDP to cover these services through
fundraising activities. Actual cost to Town = $0
o Encouraging dogs to use the dog park will lessen the amount of dog feces deposited
around Town. Removal of canine feces by Nauset Disposal through an in-kind
donation relieves this cost from Brewster taxpayers. Nauset Disposal will not
dispose of waste at the Brewster Transfer Station.
Mutt Mitts - $1,200/year – Donated by Agway minimally for three (3) years, with a
maximum of fifteen (15) cases of Mutt Mitts per year. Mutt Mitts currently cost Agway
$80/case (2,000 bags per case). If Agway ever ceases to donate these services, the FBDP
will pay for these services through fundraising activities. – Actual cost to Town - $0
Porta John - $3,000/year (non-Pandemic pricing). Note: These services are $9,000/year
with daily Bio-spray; however, these additional costs are covered with Federal Grant
monies. The FBDP are currently in consultation with Nauset Disposal concerning these
services being donated; however, should they not be donated, it is the intent of the FBDP to
cover these services through fundraising activities. Actual cost to Town = $0.
Maintenance for Moving Parts - $1,000 – projected cost to Town or FBDP
o $1,000 (2021);
o $1,500 (2022);
o $2,000 (2023);
o $2,500 (2024); and
o $3,000 (2025).
Note: As the Dog Park ages, the maintenance the figure will be increased by $500 per year,
unless offset by subsequent Stanton Foundation Capital Improvement Grants up to 5% of
hard construction costs. If the construction costs totaled $460,000, Brewster could receive
grants of up to $23,000 at 12, 18, and 24-month intervals, after construction. It is also
anticipated that the FBDP will also offset future town maintenance costs.
At the 5-year mark, there may be additional costs such as:
Fence repairs;
Replenishment of rice stone surface;
Replenishment of engineered wood chips.
Although these 5-year costs are not known, and the Town maintains all other parks in the
Town of Brewster in all aspects, it is intention of the FBDP to pay for these services through
fundraising activities, so that the dog park is as self-sustaining as possible, and not a burden on
taxpayers.
4/27/21 (FINAL) 11Town of Brewster Costs:
Brewster Department of Public Works (DPW)
Construction Costs:
o As part of the construction, DPW will provide on-hand curbing and on-hand
boulders with a loader and dump truck. These labor costs are estimated to be
$800/day x 7 days =$5,600 (Boulders and Curbing).
o DPW Director will also have time spent on general project oversight.
Post Construction Maintenance:
o Weekly maintenance (Monday and Friday mornings). Two-person crew for 4
hours per week. $200 per week or $10,400/year. For comparison, the DPW
mows the grass at Drummer Boy Park each week with a crew of three (3) for four
(4) hours at a cost of $24,000/year.
o Service calls (5-6 times per year @ 4 man hours each visit or $1,000 -
$1,200/year)
Brewster Water Department (BWD):
Construction Costs:
As part of the construction, the Brewster Water Department will bring water to the site
and install irrigation system.
o Materials - $6,200
o Labor and Equipment - $5,760
o Tapping fees of $5,333 are typically charged; however, are not applicable with
this Town Project.
Post Construction Maintenance:
o Water usage – The Brewster Water Department does not currently charge any
Town Departments for their water use. The Dog Park will be no different.
Although expected to be a minimal cost, the water fountain use and sprinkler use
will be somewhat difficult to estimate and originate from Town owned wells. The
sprinkler system is to maintain cleanliness of the park, absent rain and not is not
being used as an irrigation system to maintain turf, much like what is done at
other Town turfed fields. These costs are undetermined at this time inasmuch as
other Town owned recreation facilities using substantially more water, are not
quantified.
o Yearly maintenance (winterization and Spring turn on) will be covered through
DPW existing appropriations as part of the town-wide irrigation maintenance
appropriation, which may be supplemented with in-kind assistance from the Golf
Department.
4/27/21 (FINAL) 12APPENDICES Appendix 1: Rendering of Brewster Dog Park 4/27/21 (FINAL) 13
Appendix 2: Dog Park Rules
DRAFT BREWSTER DOG PARK RULES and POLICIES
MANDATORY RULES
OWNERS ARE REQUIRED TO CLEAN UP THEIR DOG’S WASTE IMMEDIATELY!
DOGS ARE REQUIRED TO BE CURRENTLY LICENSED AND IMMUNIZED.
ALL DOGS ARE REQUIRED TO BE LEASHED ON ENTRY AND EXIT FROM THE PARK.
ALL DOGS ARE REQUIRED TO BE DIRECTLY SUPERVISED AND CONTROLLED.
THE PARK IS OPEN BETWEEN ½ HOUR AFTER SUNRISE AND SUNSET FREE OF CHARGE.
PROHIBITIONS
PUPPIES LESS THAN 4 MONTHS OLD ARE PROHIBITED.
DOGS WHO ARE ILL, INJURED, SUFFERING WITH PARASITES, OR IN HEAT ARE NOT
WELCOME.
AGGRESSIVE DOGS ARE NOT PERMITTED.
PRONGED COLLARS ARE NOT PERMITTED.
CONSUMING FOOD, SMOKING, VAPING, ALCOHOL, AND PICNICKING IS NOT PERMITTED.
ANIMALS/PETS OTHER THAN DOGS ARE NOT PERMITTED TO BE BROUGHT INTO THE
PARK.
POLICIES
OWNERS SHOULD BE RESPONSIBLE AND RESPECTFUL.
OWNERS MUST COMPLY WITH THE SUGGESTIONS OF OUR HOST STEWARDS.
PARK GATES SHOULD BE CLOSED AT ALL TIMES.
OWNERS AND DOGS SHOULD NOT CONGREGATE AT THE PARK ENTRANCE.
OWNERS MUST CLEAN UP THEIR PET’S WASTE AND DISPOSE OF IT IN THE WASTE
CONTAINERS PROVIDED.
OWNERS SHOLD BE INSIDE THE PARK WITH THEIR PET, KEEPING HIM/HER IN SIGHT
AND UNDER VOICE CONTROL AT ALL TIMES.
DOGS ARE REQUIRED TO BE OFF LEASH IN THE ENCLOSED AREAS.
DOGS MUST BE LICENSED AND CURRENT WITH THEIR INOCULATIONS.
DOGS MUST WEAR A COLLAR WITH IDENTIFICATION AT ALL TIMES.
DOGS ARE REQUIRED TO BE LEASHED TO AND FROM THE PADDOCK ENTRY AND
VEHICLE.
THE SMALL DOG AREA IS FOR DOGS OF LESS THAN 40 POUNDS.
LEAVING DOGS UNATTENDED IS PROHIBITED.
DOGS SHOULD BE DISCOURAGED FROM EXCESSIVE OR CONSTANT BARKING.
OWNERS ARE LIMITED TO THREE DOGS PER PERSON PER VISIT.
CHILDREN UNDER 12 MUST BE SUPERVISED.
OWNERS MUST REMOVE DOGS WHEN IT IS NECESSARY OR THEY ARE NOT IN
COMPLIANCE, IMMEDIATELY AND WITHOUT DEBATE.
STROLLERS AND BICYCLES ARE NOT ALLOWED INSIDE THE PARK.
OWNERS SHOULD FOLLOW THE RULES AND KNOW THEIR DOG.
LIABILITY LIMITED BY MASSACHUSETTS GENERAL LAWS, CHAPTER 21 SECTION 17C.
4/27/21 (FINAL) 14Appendix 3: Nauset Disposal Commitment 4/27/21 (FINAL) 15
Appendix 4: Agway of Cape Cod Commitment 4/27/21 (FINAL) 16
Appendix 5: Friends of Brewster Dog Park Facebook Group
Appendix 6: Friends of Brewster Dog Park and Town of Brewster MOU
DRAFT MEMORANDUM OF UNDERSTANDING
This is a Memorandum of Understanding ("MOU") of xxxxxx xx, 2021, by and between the Town of
Brewster, MA, a municipal corporation duly established with an address of 2198 Main Street,
Brewster, MA 02631 and Friends of Brewster Dog Park, Inc. (FBDP), a Massachusetts non-profit
corporation with a principal office at 65 Harmony Lane, Brewster, MA 02631. The Friends of
Brewster Dog Park, Inc., achieved 501(c)(3) status through the IRS in 2021.
This Memorandum of Understanding between the Town and FBDP establishes a working
agreement between the two parties concerning their respective roles and responsibilities in the
creation and maintenance of a proposed off-leash dog park open to the public free of charge (the
"Dog Park"). The Dog Park is comprised of approximately 2.4 acres and is located on a portion of
town-owned property located on Harwich Road in Brewster and shown on Assessor's Map 64,
Parcel 28 (The Premises). The Premises is under the care and control of the Select Board, is
comprised of approximately 41.28 acres, and is more particularly described in a deed to the Town
of Brewster, dated 15 August 1995 recorded with Barnstable Registry of Deeds in Book 9799, Page
016. The proposed Dog Park is shown as the "Dog Park Area" on a plan entitled "Brewster Dog
Park” prepared for Town of Brewster, dated January 16, 2019 by the Berkshire Design Group, Inc.
A copy of the Site Plan is attached as "Exhibit A."
The Select Board gratefully acknowledges the critical role the FBDP plays in the development,
construction, maintenance, and stewardship of the dog park, and gratefully accepts FBDP's
generous offer to help create and maintain the Dog Park through private fund raising and
4/27/21 (FINAL) 17volunteer services. The FBDP gratefully acknowledge the spirit of cooperation the Select Board has
displayed by making public land available for such use and for offering to provide the valuable
municipal services described below.
The Town and the FBDP share the goal of realizing a first-class no fee dog park in Brewster open to
the public.
Friends of Brewster Dog Park, Inc.
The purpose of the FBDP is to support the use of a designated area within the Town of Brewster as
an off-leash dog park; to advocate responsible dog ownership; to provide educational resources on
dog ownership; to advise the Town of Brewster, the Select Board, and the Town Administrator on
matters concerning off-leash dog parks within the Town of Brewster; to provide stewardship for
the Brewster Dog Park; and to collect and administer funds received for the establishment of,
maintenance of, and improvements to the off-leash dog parks in the Town of Brewster.
The FBDP agrees to the following:
• To assist in maintaining the Dog Park Area by helping to keep the site clean, providing dog
waste bags for patrons provided by the in-kind donation of Agway of Cape Cod, securing the
in-kind donation of waste removal for the Brewster Dog Park by Nauset Disposal, and
repairing or replacing appurtenances, structures or fixtures as required;
• To providing educational instruction and stewardship at the Dog Park;
• The use of the Dog Park Area shall be limited to dog park recreational use. No fee shall be
imposed for such recreational use;
• The Town grants FBDP access to the Dog Park Area for the purpose of exercising its rights
and performing its obligations hereunder, However, installation of any structure, fixture or
appurtenance shall require the prior written approval of the Select Board or its designee;
• The language on any such signage shall require the prior written approval of the Select Board
or its designee;
• The FBDP shall not permit any mechanics liens, or similar liens, to remain upon the Premises
for labor and materials furnished or claimed to be furnished in connection with work of any
character performed or claimed to have been performed at the direction of the FBDP, and
FBDP shall cause any such lien to be released of record forthwith without cost to the town;
• During the exercise of the rights hereby granted, the FBDP shall conduct itself so as not to
unreasonably interfere with the operations of the Town, and to observe and obey applicable
laws, statutes, bylaws and regulations and permitting or licensing requirements. The FBDP
shall comply with reasonable rules and regulations issued by the Town, including without
limit, rules regulating the hours of operation of the Dog Park, which hours of operation are
expected to be from dawn to dusk;
• The FBDP agrees that any contractor engaged to perform work at the Premises on behalf of
FBDP shall carry liability insurance naming the Town as an additional insured in amounts
reasonably satisfactory to the Town and workmen's compensation insurance as required by
4/27/21 (FINAL) 18law, and FBDP agrees to indemnify and hold harmless the Town from any liability relating to
work performed at the Premises at the request of the FBDP.
• Title to all appurtenances, structures and installed at the Dog Park shall vest in the Town.
The Town of Brewster agrees to the following:
• The Town will build the Brewster Dog Park as shown on the January 16. 2019 Site Plan
prepared by Berkshire Design Group, Inc., 4 Allen Place, Northampton, MA 01060 if the
Brewster Dog Park is approved by Brewster voters;
• The Town will provide water service (including tap, curb stop, and box, meter, meter pit and
water service to the location on the Premises. The meter will be read but not billed. The Town
will provide snow removal from the driveway leading to the Dog Park and the associated
parking area. If snowmelt products are applied to surfaces they will be dog friendly. The
Town will also provide leaf removal from the Dog Park equivalent to the services provided
in other Town parks;
• The Town shall provide curbside trash pickup. The FBDP has a commitment from Nauset
Disposal, 3 Rayber Road, Orleans, MA 02653, to provide In-Kind donation of waste removal
services at no cost to the Town;
• The Town Administrator shall be the liaison between the FBDP and Select Board;
• The Town will modify its By-Laws to allow an off-leash Dog Park facility.
• In the event the Town notifies FBDP that the Dog Park Area is no longer available for Dog
Park use, the Town will work with FBDP to locate an alternative site and will provide
assistance relocating all appurtenances, structures and fixtures from the Dog Park Area to
such alternative site;
• The Town agrees to prepare the Dog Park Area for dog park use by installing appropriate
ground cover, creating an access driveway and a handicapped accessible parking area,
providing a water hook-up, and installing signage, trash receptacles, fencing and benches.
The location of parking and fencing shall be as shown on the January 16, 2019 Site Plan, The
Town reserves the right to use the access driveway and parking area for other public uses at
the Premises and/or to relocate the access driveway and parking area;
• The Town agrees to allow the FBDP to utilize the licensed Brewster Dog Park Logo.
4/27/21 (FINAL) 19Termination Either party may terminate this MOU without cause upon thirty (30) days prior written notice. Modification and Amendments Modification and amendments to this MOU shall be in writing and duly executed by the parties hereto to be effective. No Estate Created This MOU shall not be construed as creating or vesting in the FBDP or any other party any estate in the Premises or portion thereof, but a limited right of access for the purpose as herein stated. Brewster Select Board Friends of Brewster Dog Park, Inc. _______________________________ ______________________________ Mary Chaffee, Chairman Carmen S. Scherzo, DVM, President ______________________________ David Whitney ______________________________ Cynthia Bingham ______________________________ Benjamin deRuyter ______________________________ Ned Chatelain 4/27/21 (FINAL) 20
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