HomeMy Public PortalAboutCPC Packet 11/25/20Town of Brewster Community Preservation Committee
2198 Main St., Brewster, MA 02631
cpcmeeting@brewster-ma.gov
(508) 896-3701
MEETING AGENDA
Remote Participation Only
November 25, 2020 at 4:00 p.m.
This meeting will be conducted by remote participation pursuant to Governor Baker’s March 2020 orders suspending certain Open Meeting Law
provisions and imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast
this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The Town has established specific email
addresses for each board and committee so the public can submit comments either before or during the meeting. To submit public comment
or questions to the Community Preservation Committee, please email: cpcmeeting@brewster-ma.gov. To view the:
Live broadcast: Tune to Brewster Government TV Channel 18
Livestream: Go to www.livestream.brewster-ma.gov
Audio/video recording: Go to www.tv.brewster-ma.gov
Community
Preservation
Committee
Faythe Ellis
Chair
Sharon Marotti
Vice Chair
Elizabeth Taylor
Clerk
Barbara Burgo
Bruce Evans
Peggy Jablonski
Diane Pansire
Paul Ruchinskas
Roland Bassett Jr.
CPC Assistant
Beth Devine
1. Call to order
2. Executive Session -to consider the purchase, taking, exchange, lease or value of
real property if such discussion may have a detrimental effect on the negotiating
position of the governmental body – CPC briefing on the current status of 1848
Main St. Brewster MA project (Community Preservation Act Historic
Preservation.) Approval of minutes from the October 22, 2020 Executive Session
3. Discussion and possible vote to move unexpended $50,000 funds from Brewster
Baptist Church award to Historical fund
4. Discussion of Select Board Strategic plan for 2021-2022
5. Overview of Town Charter Draft – request for comments
6. Financial report
7. Project updates
a. Millstone Road Affordable Housing update
b. Other
8. Approval of minutes from 10/28/20 Public Hearing
9. Approval of minutes from 11/9/20
10. Announcements
11. Items the Chair could not anticipate
12. Next meeting: 12/9/20 at 4PM
13. Motion to Adjourn
Date Posted: Date Revised:
FY21-22 Select Board Strategic Plan
Vision Building Block Goal #Goal Description Higher Priority Timeline Vision Plan FY20-21 SB Plan Primary Responsible Party Other Key Stakeholders
Community Character CC-1 Determine policy position on potential changes to Community Preservation Act fund allocation
formula X FY21 Community Preservation
Committee
Select Board; Finance Committee; Open Space
Committee; Affordable Housing Trust;
Historical Commission; Recreation Commission
CC-2 Develop plan to identify/address issues of diversity and inclusion, including potential formation of
task force or advisory committee FY21 Select Board & Town
Administration
Affordable Housing Trust; All Citizens Access
Committee; Police Chief
CC-3 Engage stakeholders to determine policy position on residential exemption and other potential local
tax relief policy options FY21-22 X X Tax Relief Working Group
Select Board; Finance Committee; Board of
Assessors; Brewster Association of Part-Time
Residents
CC-4 Continue to implement Age-Friendly Community Action Plan and modify as needed FY21-22 X X Council on Aging Board & Dept Select Board; Town Administration
Open Space OS-1 Complete Drummer Boy Park Master Plan Update in coordination with proposed Wing Island
boardwalk project X FY21-22 X X Drummer Boy Park Advisory
Committee Select Board; Town Administration
OS-2 Develop and execute updated plan for Dog Park project (requires future discussion to determine
whether to include in Strategic Plan)??X X Dog Park Committee
Select Board; Town Administration; Friends of
Brewster Dog Park; Community Preservation
Committee
Housing H-1 Identify Affordable Housing Trust operating/capital needs, develop funding plan, and establish
permanent funding mechanism X FY21 X X Affordable Housing Trust &
Finance Team Select Board; Finance Committee
H-2 Establish housing rehabilitation program and long-term rental assistance program X FY21 X X Affordable Housing Trust Town Administration; Housing Coordinator
H-3 Develop affordable housing off Millstone Road
X FY21-22 X X Affordable Housing Trust
Select Board; Community Preservation
Committee; Town Administration; Housing
Coordinator
Local Economy LE-1 Complete and launch electronic permitting platform, and develop Guide to Doing Business in
Brewster to assist residents, contractors, and businesses in navigating local permitting processes FY21-22 X Town Administration IT Director; Building Dept; Health Dept;
Planning Dept
LE-2 Consider designating Underpass Road as District of Critical Planning Concern with Cape Cod
Commission FY22 X X Town Planner Planning Board; Select Board; Town
Administration
Coastal Management CM-1 Complete gap analysis of local land use regulations along the coastal bank and assess merits of Cape
Cod Commission model bylaw FY21 X Town Planner
Natural Resources Commission & Dept;
Planning Board; Conservation Commission;
Board of Health & Dept
CM-2 Support new Natural Resources Commission in implementing the Coastal Resource Management
Plan and other similar initiatives FY21-22 X Natural Resources Dept Select Board; Town Administration
CM-3 Work with MA Department of Conservation and Recreation on Rail Trail extension across Route 6A
down to Linnell Landing FY21-22 X X Town Administration Natural Resources Dept; Dept of Public Works;
Legislative Delegation; Cape Cod Commission
CM-4 Investigate feasibility of new aquaculture program off Wing Island and update related Department
of Natural Resources regulations as necessary FY22 X Natural Resources Dept Select Board; Town Administration
Water Resources WR-1 Develop clear timeline/plan for moving water quality initiatives forward and determine whether to
remain in Cape Cod and Islands Water Quality Protection Fund FY21 X X Water Quality Working Group Select Board
WR-2 Identify preferred approach(es) to best address nitrogen and phosphorus mitigation in
environmentally sensitive areas FY21-22 X X Water Quality Working Group Board of Health; Conservation Commission;
Brewster Ponds Coalition
WR-3 Develop and propose stormwater management bylaw (MS4 permit)FY21-22 X X Stormwater Working Group Planning Board; Select Board
WR-4 Evaluate vulnerable Water Department utility infrastructure, determine possible
improvements/modifications, and implement as possible/applicable FY22 X Water Dept Town Administration
1
FY21-22 Select Board Strategic Plan
Vision Building Block Goal #Goal Description Higher Priority Timeline Vision Plan FY20-21 SB Plan Primary Responsible Party Other Key Stakeholders
Governance G-1 Present the annual budget in an easily accessible format and provide detailed review of Town's
financial status on regular basis X FY21 X X Finance Team Select Board; Finance Committee
G-3 Complete design/launch of new, more user friendly Town website and optimize BGTV’s potential as
communication tool X FY21 X X Website Working Group Town Administration
G-2 Adopt financial policies that are in accordance with 2019 MA Department of Revenue report and
best practices, and implement short- and medium-term recommendations of DOR report as
applicable
X FY21-22 X Finance Team Select Board; Finance Committee
G-4 Continue to implement Vision Plan and develop Local Comprehensive Plan that addresses the
following key policy issues: 1. Develop a high-level growth policy 2. Identify and evaluate policies /
zoning bylaws that recognize and take advantage of potential synergies between affordable housing
development and open space preservation 3. Perform a comprehensive review of zoning bylaws,
with particular attention to ones that support more housing choice
X FY21-22 X X Vision Planning Committee
Planning Board; Town Planner; Select Board;
Affordable Housing Trust; Open Space
Committee
G-5 Update Select Board Policy on Board and Committee meetings to improve transparency and provide
better access to information FY21 X X Town Administration Select Board; IT Director; BGTV
G-6 Identify funding to support creation of new Human Resource Department to focus on the following
key initiatives: 1. Implement findings from HR audit 2. Develop succession plans for key staff
positions 3. Complete compensation and classification study and related staffing analysis of all union
and non-union Town personnel, and implement recommended changes 4. Foster a culture that
views residents as customers and Town services as the product - be proactive, transparent, and
engaged
FY21-22 X Town Administration Select Board
G-7 Develop and seek adoption of Town Charter and associated bylaw changes FY21-22 X Charter Committee Select Board; Town Counsel;
Boards/Committees & Town Depts
G-8 Foster stronger relationships with Nauset School District officials, especially regarding finances
FY21-22 Town Administration
Select Board; Finance Committee; Nauset
Regional School Committee; Brewster School
Committee; Nauset School Administration
G-9 Actively recruit residents to fill vacancies and provide training/ guidance to volunteers serving on
Town Boards and Committees FY21-22 X X Select Board & Town
Administration Town Counsel
G-10 Determine merits of making longer-term changes to traditional municipal service models – applying
lessons learned from pandemic response FY21-22 Town Administration Select Board; Dept Heads
2
FY21-22 Select Board Strategic Plan
Vision Building Block Goal #Goal Description Higher Priority Timeline Vision Plan FY20-21 SB Plan Primary Responsible Party Other Key Stakeholders
Community Infrastructure CI-1 Complete School Consolidation and Community Center Feasibility Studies via a transparent and
engaging public process and work with key stakeholders to determine appropriate next steps X FY21-22 X X
Community Center Planning
Committee; Nauset School
Officials
Council on Aging & Dept; Recreation
Commission & Dept; Brewster Elementary
Schools; Local/Regional Social Service Agencies
(Veterans, etc)
CI-2 Determine support for the Brewster Ladies Library renovation project
FY21 Select Board
Brewster Ladies Library Association Board and
Dept; Town Administration; Capital Planning
Committee; Finance Committee
CI-3 Complete comprehensive assessment of Captains Golf operations, finances, and capital needs, and
determine feasibility of transitioning to enterprise fund FY21-22 Golf Dept & Finance Team Golf Commission; Select Board; Finance
Committee
CI-4 Implement 5 Year Green Community Energy Reduction Plan, manage ongoing solar projects with
assistance from new Energy Manager, and reduce greenhouse emissions whenever possible FY21-22 Town Administration Select Board; Energy Committee; Facilities
Manager
CI-5 Complete Hazard Mitigation Plan and seek to implement Municipal Vulnerability Preparedness
projects that support climate change adaptation FY21-22 X Town Planner & Town
Administration
Dept of Public Works; Natural Resources Dept;
Water Dept; Fire Dept
CI-6 Continue to invest in road infrastructure in the following key areas: 1. Complete design and
construction of Millstone Road 2. Develop Complete Streets Prioritization Plan and seek project
grant funding 3. Complete update to Pavement Management Plan 4. Develop comprehensive Road
Capital Plan & consider merits of seeking 2nd major road bond
FY21-22 X X Town Administration & Dept of
Public Works Select Board; Capital Planning Committee
Pandemic Response &
Recovery
PR-1 Continue to deliver essential services to residents while reducing risk of coronavirus transmission in
all municipal activities, properties, and facilities X FY21-22 Town Administration Select Board; Town Depts
PR-2 Communicate effectively with the public, town employees/volunteers, business community, and
visitors about town policies/actions related to the pandemic X FY21-22 Town Administration & Health
Dept Select Board; Town Depts
PR-3 Encourage and facilitate voting by mail for upcoming elections, and implement pandemic safety
measures for in-person voting at elections and Town Meeting FY21 Town Administration & Town
Clerk Town Depts
PR-4 Determine and implement best approach to Board/Committee meetings FY21 Select Board & Town
Administration BGTV; Facilities Manager
PR-5 Communicate and coordinate local response/recovery efforts with regional partners FY21-22 Town Administration Select Board
PR-6 Continue to monitor and support employee wellness FY21-22 Town Administration Select Board; Dept Heads
3
Town of Brewster
Charter Committee
Karen Whitney
Citizen
Chair
Richard Koch
Citizen
Vice Chair
Cindy Bingham
Member of Select Board
Clerk
Peter Lombardi
Town Administrator
William Meehan
Member of Finance Committee
Charles Sumner
Town Moderator
Colette Williams
Town Clerk
TODAY’S MEETING
●GOALS
○Pr esent charter to Select Board
○Identify remaining open policy questions to Select Board
○Provide Select Board guidance on next steps
○Record Select Board feedback for later consideration by Charter Committee
●NEXT STEPS
○Full draft will be made available on the town website after presentation to the Select
Board
○Select Board provides additional feedback to Charter Committee
○Upon Select Board feedback, Charter Committee requests input from other town officials
○Thereafter, conduct community forums to discuss and request resident input
2
CHARTER COMMITTEE OVERVIEW
●GOALS
○Create a single governing document for form, structure, and organization of the town.
○Set clear lines of authority and responsibilities.
○Review and define powers of administrator of town.
○Review and define powers of elected and appointed boards.
○Coordinate operations of various departments.
○Seek to minimize changes to existing practices.
●CHANGE IN ORDER TO:
○Resolve ambiguities and conflicts between and among town bylaws and/or state laws.
○Memorialize current town practices.
○Apply best practices in local governance based on input from MA Department of Revenue
and various town committees (Government Study Committee and Vision Advisory
Group).
●DELIVER TO SELECT BOARD
○Special Legislation ACT TO ESTABLISH A CHARTER FOR THE TOWN OF BREWSTER, based
on frameworks established by the committee with guidance from town counsel.
3
CHARTER COMMITTEE FACT -GATHERING
●Reviewed findings from:
○2016 Government Study Report
○2018 Vision Plan
○2019 Dept. of Revenue Report
●Reviewed town charters from several MA towns.
●Interviewed Town Managers from Chatham and Sandwich regarding their
town’s charters and representatives from the Massachusetts Municipal
Manager Association’s Form of Government Committee.
●Interviewed and received feedback from elected officials, town
employees, boards, commissions, and committees including:
○Select Board, Assistant Town Administrators, Police Chief, Fire Chief, Constable, Finance
Committee, Board of Assessors, Finance Director, Treasurer/Collector, Deputy Assessor,
Planning Board, Town Planner, Board of Health, Health Director, Recreation Commission,
Recreation Director, Old King's Highway Historic District Committee, Library Director,
Library Board of Directors, Water Superintendent, and Water Commission.
4
CHARTER DOCUMENT GENERALLY
●Seeks to provide context but avoid too many references to statutes.
●Include language about permissible actions & timing during states of
emergency.
●Notable changes and additions are summarized in this presentation but
text of charter should be consulted for full meaning and context.
5
SELECT BOARD GUIDANCE
●Select Board has ability now to revise charter as-presented .
●Charter Committee is available to consult on questions and requested
changes.
●At Town Meeting, a vote to approve the Act would also grant authority to
Select Board to revise charter in accordance with requirements from
General Court.
●Further questions and policy items to be answered are shown herein in
red bolded text .
6
AN ACT ESTABLISHING A CHARTER FOR
THE TOWN OF BREWSTER
●SECTION 1. CONTAINS THE CHARTER LANGUAGE.
○Note from counsel: the General Court is very particular about the capitalization of names
other than the name of the Town and State. For that reason, all names of offices, etc., will
be in lowercase text in the charter document.
●SECTION 2. CONTINUATION OF EXISTING LAWS.
○Standard language regarding charter provisions shall govern and those town by-laws,
rules, regulations, orders and special acts not superseded by the charter remain in force.
●SECTION 3. CONTINUATION OF GOVERNMENT.
○Standard language regarding town offices, boards, commissions or agencies shall
continue to perform their duties upon effective date of Act.
●SECTION 4. CONTINUATION OF PERSONNEL.
○Standard language regarding personnel of town shall continue to perform their duties
upon effective date of Act.
7
AN ACT ESTABLISHING A CHARTER FOR
THE TOWN OF BREWSTER
●SECTION 5. TRANSFER OF RECORDS AND PROPERTY.
○Standard language defines the extent to which powers, duties, records, equipment, and
property are transferred among town offices, boards, commissions, committees or
agencies.
●SECTION 6. EFFECT ON OBLIGATIONS, TAXES, ETC.
○Standard language regarding the charter not rendering town obligations invalid.
●SECTION 7. TRANSITION.
○This will address any transitional language that might be needed. For example,
change of term s for Planning Board.
●SECTION 8. TIME OF TAKING EFFECT. This act shall take effect upon its
passage.
○Charter Committee recommends bringing the charter to vote at May 2021 Town
Meeting but NOT to the polls.
○Included with vote at Town Meeting will be authority of Select Board to modify
charter as requested by General Court.8
SECTION 1: CHARTER CHAPTERS
●CHAPTER 1 POWERS OF THE TOWN
●CHAPTER 2 TOWN MEETINGS AND ELECTIONS
●CHAPTER 3 THE SELECT BOARD
●CHAPTER 4 TOWN ADMINISTRATION
●CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES
●CHAPTER 6 FINANCIAL PROVISIONS
●CHAPTER 7 BY-LAWS AND CHARTER – ADOPTION, AMENDMENT AND
PERIODIC REVIEW
9
CHAPTER 1 POWERS OF THE TOWN
●Keep current form of government
10
CHAPTER 1
POWERS OF THE TOWN
SECTION 1 Incorporation
1-1-1. The present town of Brewster, Massachusetts, within its corporate limits as now established,
shall continue to be a body politic and corporate under the name, town of Brewster.
SECTION 2 Scope of Town Powers
1-2-1. The town shall possess and exercise all powers possible under the constitution and laws of the
commonwealth of Massachusetts as fully and completely as though those powers were expressly
enumerated in this chapter.
SECTION 3 Form of Government
1-3-1. This charter provides for a select board-open town meeting-town manager form of town
government.
SECTION 4 Construction of Charter
1-4-1. The power of the town under this charter shall be construed liberally in favor of the town, and the
specific mention of particular powers in the charter shall not be construed as limiting in any measure the
general powers of the town as stated in section 1-2-1.
SECTION 5 Intergovernmental Relations
1-5-1. The town may exercise, consistent with the law, any of its powers or perform any of its functions
and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any
one or more civil divisions, subdivisions or agencies of the commonwealth, other states or of the United
States government.
CHAPTER 2 TOWN MEETINGS AND ELECTIONS
●Keep Annual Town Meeting held on the first Monday in May and a Fall Town
meeting
●NOTABLE CHANGES
○Fall town meeting may be canceled by Select Board no later than September 15 in any year,
so long as no more than 5 petitioned articles articles have been submitted for inclusion on
the warrant
○Post the warrant on the Town website and make the same available, rather than require
“publication”
○Moderator term of 3 years (instead of 1 year )
○Allowing for adjustment in quorum and timing of elections during state of emergency.
●NEW
○To open a continued session of town meeting, requiring no less than half the quorum
previously established
○Once quorum is initially attained, there is no requirement for it to be maintained (no ability
to call quorum)
○Moderator shall appoint a Deputy Moderator
○Assistant Town Clerk shall serve as clerk of meeting in absence of Town Clerk, regardless of
w hether such assistant is a resident or registered voter of the town
○Recall petition must name lead petitioner 11
CHAPTER 3 THE SELECT BOARD
●Keep the number of members at five. Retain role as the primary policy-
m aking, planning, and goal-setting agency of the Town. Retain ability to
appoint all non-elected boards and committees. Retain budget decision
making authority. Retain the authority to hire the chief administrative
officer of town ( to be named Town Manager - see next slide).
●NOTABLE CHANGES
○Require consultation with the Town Manager for Board’s hiring of: Fire Chief,
Police Chief, a nd Town Counsel (advise & consent role).
○Will no longer appoint Town Clerk, Director of Operations of the Captains Golf
Course, or em ployees of Police Departm ent.
○Disband Personnel Comm ittee.
●NEW
○Authority to delegate licensing responsibility to the Town Manager or a board
created for such purposes for issuance and enforcem ent of one or m ore
licenses
12
CHAPTER 4 TOWN ADMINISTRATION
●Keep Select Board authority to appoint the Town Manager and to:
○Determine/negotiate compensation .
○Set term of service.
○Remove from office for cause.
●NOTABLE CHANGES
○Title of chief administrative officer of town will be Town Manager
○Town Manager assumes all personnel/hiring responsibilities except for those identified with
respect to Select Board and employees of the school department
○Acts upon recommendations from the Police Chief and the Fire Chief, respectively, for
appointment of employees of the Police and Fire Departments
○Consults with appropriate department head or multiple-member body for appointment of
employees of other departments as applicable
●Keep – Town Manager:
○Supervises all department heads and employees
○Prepares financial forecast, operating budget and capital improvement plan
●NEW – Town Manager:
○Residency requirement within 1 year of employment, with ability of Select Board to waive by
supermajority vote
○Assumes full authority to act for the town during emergencies and to appoint an emergency
management director 13
CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES
●KEEP – All elected town officers
●NOTABLE CHANGES
○Planning Board for 4 year terms (currently 5 years)
○Moderator for 3 year term (currenly 1 year )
○Constable for a 3 year term (currently 1 year )
●NEW
○Allows Select Board to appoint up to 2 alternate members to serve on elected and
appointed boards (1-2 year terms)
○Ability to deem board/committee positions vacant for lack of regular attendance
○The authority of the constable will be limited to the posting of the warrant for the town
meeting, and constable being subject to reasonable regulations proposed by Police Chief
and approved by the Select Board
14
CHAPTER 6 FINANCIAL PROVISIONS
15
●Keep budget schedule timeframe
●NOTABLE CHANGES
○Town Manager may appoint a committee to assist with preparation of five-year capital
improvement plan. This will override existing bylaw. The Department of Revenu e
recommending eliminating Capital Improvement Committee. Requesting Select
Board’s input here.
○Allowing for adjustment in timing of budget adoption during state of emergency.
●NEW
○Town Manager to prepare five-y ear capital im provem ent plan.
CHAPTER 7 BY -LAWS AND CHARTER – ADOPTION, AMENDMENT AND
PERIODIC REVIEW
●Keep the periodic review of by-laws
●Keep adoption and amendment of general and zoning by-laws shall be
approved in accord with applicable general laws. (Consistent with current
practice of: simple majority approval needed at Town Meeting to approve
non-zoning by-law changes. Zoning by-law changes will still require a two -
thirds majority to succeed .)
●NEW
○Periodic review of by-laws to be conducted at least every 10 years.
○Periodic review of charter to be not less than every 10 years by a committee of no fewer than
5 and not more than 9 members to be appointed by the Select Board; review of the charter
to begin 5 years after the by-laws review.
○Major amendments to charter (relating in any way to the composition, mode of election or
appointment or terms of office of the legislative body, select board or the town manager)
may be proposed only by a charter commission elected under the General Laws, or
proposed pursuant to special legislation as otherwise authorized by the Massachusetts
constitution.
○Minor Amendments to the charter (relating to other matters) may be proposed by a two-
thirds vote at a duly called town meeting under the General Laws, and then approval at the
polls by the voters of the town, or proposed pursuant to special legislation as as otherwise
authorized by the Massachusetts constitution. 16
November 2020 – Present draft charter to Select Board
November 2020 - Request charter feedback from Town Officials
December 2020 - Update charter in response to Feedback
January 2021 - Conduct community forums to inform , review, discuss and
request input from voters.
February 2021 - Finalize charter and present to Select Board for inclusion
on Town Warrant
March -April 2021 - Continue Public Outreach
May 2021 - Town Meeting Deliberation and Vote …
Thereafter Submit to State Legislature for Approval
TIMELINE
17
Thank You!
Public comment
E-mail chartercommitteemeeting@brewster-ma.gov
Questions?
Contact Karen Whitney, Chair, at kwhitney@brewster-ma.gov
UPDATES AVAILABLE AT:
https://www.brewster-ma.gov/committees-mainmenu-29/charter-committee
AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER
Table of Contents
SECTION 1. CHARTER .....................................................................................................2
SECTION 2. CONTINUATION OF EXISTING LAWS .................................................21
SECTION 3. CONTINUATION OF GOVERNMENT ...................................................21
SECTION 4. CONTINUATION OF PERSONNEL ........................................................21
SECTION 5. TRANSFER OF RECORDS AND PROPERTY........................................21
SECTION 6. EFFECT ON OBLIGATIONS, TAXES, ETC. .........................................21
SECTION 7. TRANSITION .............................................................................................22
SECTION 8. TIME OF TAKING EFFECT .....................................................................22
DRAFT
SPECIAL LEGISLATION FOR TOWN OF BREWSTER
Dated 11.13.2020
-2-
AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER
Be it enacted by the Senate and House of Representatives in General Court assembled, and by
the authority of the same, as follows:
SECTION 1. Notwithstanding any general or special law to the contrary, the following shall be
the charter for the town of Brewster:
CHAPTER 1
POWERS OF THE TOWN
SECTION 1 Incorporation
1-1-1. The present town of Brewster, Massachusetts, within its corporate limits as now
established, shall continue to be a body politic and corporate under the name, town of Brewster.
SECTION 2 Scope of Town Powers
1-2-1. The town shall possess and exercise all powers possible under the constitution and laws of
the commonwealth of Massachusetts as fully and completely as though those powers were
expressly enumerated in this chapter.
SECTION 3 Form of Government
1-3-1. This charter provides for a select board-open town meeting-town manager form of town
government.
SECTION 4 Construction of Charter
1-4-1. The power of the town under this charter shall be construed liberally in favor of the town,
and the specific mention of particular powers in the charter shall not be construed as limiting in
any measure the general powers of the town as stated in section 1-2-1.
SECTION 5 Intergovernmental Relations
1-5-1. The town may exercise, consistent with the law, any of its powers or perform any of its
functions and may participate in the financing thereof, jointly or in cooperation, by contract or
otherwise, with any one or more civil divisions, subdivisions or agencies of the commonwealth,
other states or of the United States government.
DRAFT
SPECIAL LEGISLATION FOR TOWN OF BREWSTER
Dated 11.13.2020
-3-
Chapter 2 TOWN MEETINGS AND ELECTIONS
SECTION 1 Legislative Power
2-1-1 The legislative powers of the town shall be exercised by a town meeting open to all
registered voters of the town.
SECTION 2 Open Town Meeting
2-2-1 Business sessions of the annual town meeting shall be held on the first Monday in May
and may be continued on such additional days as may be decided by the town meeting. There
shall also be a second business session of the annual town meeting held in the last 3 months of
the calendar year on a date to be determined by the Select Board, which meeting shall be an
"annual town meeting" for purposes of the General Laws; provided, however, that the Select
Board may, at its discretion, cancel said fall annual town meeting no later than September 15 in
any year, so long as no more than 5 petitioned articles have been submitted for inclusion on the
warrant at said fall annual town meeting and notice of the board's action with regard to such
meeting shall be posted on the town's website and principal bulletin board. The board's decision
as to whether to hold a fall town meeting shall not prohibit the board from calling for a special
town meeting, from time to time, at its discretion.
SECTION 3 Warrant
2-3-1 Town Meeting Warrants
a) Except for procedural matters, all subjects to be acted on by town meeting shall be placed on
warrants issued by the Select Board.
b) The date of the closure of the warrant to petitioned articles shall be set by bylaw.
2-3-2 Posting
In addition to any notice required by the General Laws, the Select Board shall post the town
meeting warrant in 5 locations in town and make available sufficient copies of the warrant for the
town meeting for all registered voters. The Select Board shall post the warrant on the Town
website and make the same available at town facilities and other common locations throughout
the town at least two 2 weeks prior to the town meeting; provided, however, that failure to timely
post the warrant on the website or to make such copies available no later than 1 week prior to the
date of the town meeting shall not invalidate or otherwise affect the legality or validity of the
actions taken at the town meeting.
SECTION 4 Citizen Petitions
2-4-1 Any 10 voters of the town may secure, by written petition to the Select Board, the
inclusion of an article for the warrant of any duly scheduled annual town meeting, and at least
100 registered voters may secure the same for any duly scheduled special town meeting. DRAFT
SPECIAL LEGISLATION FOR TOWN OF BREWSTER
Dated 11.13.2020
-4-
2-4-2 The Select Board may provide a pre-petition process whereby petitioners can seek
review of proposed petitions prior to submission.
SECTION 5 Quorum
2-5-1 The town meeting shall establish by town by-law a quorum requirement for the opening
of its business, but a smaller number than the established quorum may adjourn immediately any
meeting to a stated date, time and place; provided, however, that in the event of a state of
emergency declared by the Governor to protect the public health or safety, the quorum may be
reduced in the manner set forth in Section 7 of Chapter 92 of the Acts of 2020.
2-5-2 To open a continued session of town meeting, no fewer than ½ the quorum established
pursuant to section 2-5-1 shall be present.
2-5-3 Once a town meeting has been called to order there shall be no minimum quorum
required to conduct the business of the Town.
SECTION 6 Presiding Officer
2-6-1. Moderator. A moderator, who shall be a registered voter of the town, shall be elected
for a 3-year term. All sessions of the town meeting shall be presided over by a moderator, elected
as provided in section 2-10-1. The moderator shall regulate the proceedings, decide questions of
order and make public declarations of all votes. The moderator shall have all of the powers and
duties given to moderators pursuant to the constitution and the General Laws, and such
additional powers and duties as may be authorized by the charter, by by-law or by other town
meeting vote.
2-6-2 Deputy Moderator. The moderator shall appoint a deputy moderator for a one-year term
who shall, in the event the moderator is absent or has a conflict, serve as moderator.
2-6-3 Vacancy. If the office of moderator becomes vacant, the Select Board shall appoint an
acting moderator, who shall not be an elected town officer, who shall serve as such until the next
scheduled election of town officers.
SECTION 7 Rules
2-7-1. Unless otherwise provided by bylaw, rules of procedure for the town meeting shall be in
accord with Town Meeting Time, as it may be amended from time to time.
SECTION 8 Clerk of the Meeting
2-8-1 The town clerk shall serve as the clerk to the town meeting. In the event that the town
clerk is absent, the assistant town clerk shall so serve, regardless of whether such assistant is a
resident or registered voter of the town.
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SECTION 9 Report
2-9-1 A journal of the proceedings of the town meeting shall be kept as a permanent record in
the town clerk’s office and it shall be a public record.
SECTION 10 Elections
2-10-1 The Annual Election for the election of officers and such matters as are by law
determined by ballot shall be held on the third Tuesday in May. Whenever the Annual Election
for the election of officers and such matters as are by law determined by ballot falls fewer than
two weeks after the scheduled beginning of the Spring Annual Town Meeting, then the Annual
Election shall be held on the fourth Tuesday in May. Notwithstanding any other provision of
this paragraph, however, the Select Board may, delay the date of the Annual Election if the
Governor has declared a state of emergency to protect the public health or safety.
SECTION 11 Recall
2-11-1 Elected Officers May be Recalled
Any holder of an elected office in the Town of Brewster may be recalled therefrom by the
registered voters of the Town as hereinafter provided, for reason of lack of fitness,
incompetence, neglect of duties, corruption, malfeasance, misfeasance, or violation of oath;
provided, however, that the question of whether the reasons justify recall shall be determined by
the voters.
2-11-2 Initiation of petition; submission; certification
Any 25 registered voters of the Town of Brewster may initiate a recall petition by filing with the
Town Clerk an affidavit containing the name of the officer sought to be recalled and a statement
of the grounds for recall, and specifying the lead petitioner. The Town Clerk shall thereupon
make available to said lead petitioner copies of petition blanks demanding such recall, printed
copies of which the Town Clerk shall keep available. Such blanks shall be issued by the Town
Clerk under the Town seal, and be dated, be addressed to the Select Board, and shall contain the
names of all the persons to whom they are issued, the name of the person whose recall is sought,
the grounds of recall as stated in the affidavit, and shall demand the election of a successor to
such office. A copy of the petition shall be entered in a record book to be kept in the office of the
Town Clerk. Said recall petition shall be returned and filed with the Town Clerk within 20 days
after notification by the Town Clerk to the lead petitioner that the recall petitions are available,
and shall have been signed by at least 12% of the registered voters of the Town as of the last
regular election, who shall add to their signatures the street and number, if any, of their
residence. The Town Clerk shall within one working day of receipt submit the petition to the
Registrars of Voters in the Town, and the Registrars shall within 5 working days certify thereon
the number of signatures which are names of registered voters of the Town.
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2-11-3 Delivery to officer; order of election
If the petition shall be found, and certified by the Town Clerk and Board of Registrars to be
sufficient, the Town Clerk shall submit the same with the Town Clerk's certificate to the Select
Board within three working days, and the Select Board shall forthwith give written notice of the
receipt of the certificate to the officer sought to be recalled. If the officer does not resign within
5 days thereafter, the Select Board order an election to be held on a date fixed by it not less than
65 and not more than 90 days after the date of the Town Clerk's certificate that a sufficient
petition has been filed; provided, however, that if any other Town election is to occur within 100
days after the date of certification, the Select Board shall postpone the holding of the recall
election to the date of such other election. No person shall be subject to recall if their term of
office expires within 90 days of the certification. If a vacancy occurs in said office after a recall
election has been ordered, the election shall nevertheless proceed as provided in this section.
2-11-4 Conduct of Election
An officer sought to be removed may be a candidate to succeed themselves and unless they
request otherwise in writing, the Town Clerk shall place their name on the ballot without
nomination. The nomination of other candidates, the publication of the warrant for the removal
election, and the conduct of same, shall all be in accordance with the provisions of law relating
to elections.
2-11-5 Action upon completion of election
The incumbent shall continue to perform the duties of the office until the recall election. If then
re-elected, they shall continue in office for the remainder of their unexpired term subject to recall
as before, except as provided in this Charter. If not re-elected in the recall election, they shall be
deemed removed upon the qualification of their successor, who shall hold office during the
remainder of the unexpired term. If the successor fails to qualify within 10 days after receiving
notification of their election, the incumbent shall thereupon be deemed removed and the office
vacant.
2-11-6 Ballots to be used
A. Ballots used in a recall election shall submit the following propositions in the order
indicated:
(1) For the recall of (name and title of officer).
(2) Against the recall of (name and title of officer).
B. Under the propositions shall appear the word "Candidates," the directions to the voters
required by MGL c. 54, § 42, and beneath this the names of candidates nominated in accordance
with the provisions of law relating to election. If a majority of the votes cast upon the question of
recall is in the affirmative, the candidate receiving the highest number of votes shall be declared DRAFT
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elected. If a majority of the votes on the question is in the negative, the ballots for candidates
shall not be counted.
2-11-7 Time limits on filing of petitions
No recall petition shall be filed against an officer within 90 days after taking office, nor, in the
case of an officer subjected to a recall election and not recalled thereby, until at least six months
after the election at which their recall was submitted to the voters of the Town.
No person who has been recalled from an office or who has resigned from office following the
filing of a recall petition shall be appointed to any Town office within two years after such recall
or such resignation.
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CHAPTER 3. THE SELECT BOARD
SECTION 1 Composition, Compensation and Vacancies
3-1-1 There shall be a Select Board consisting of five members elected for three-year
overlapping terms. The Board collectively shall serve as the executive branch of Town
Government. For purposes of the Massachusetts general laws and regulations, any special laws
applicable to the Town of Brewster, as well any local law or regulations, the “Select Board”
referred to hereunder shall have all the powers, duties and responsibilities of a Board of
Selectmen.
3-1-2 A chair, vice-chair and clerk shall be elected by the Select Board at the first meeting
following each regular town election.
3-1-3 Three Select Board members shall constitute a quorum.
3-1-4 Each member of the Select Board may receive an annual stipend as set forth in the
Brewster Bylaws, subject to appropriation by Town Meeting.
3-1-5 If a member of the Select Board dies, resigns, is convicted of a felony while serving, or
ceases to be a registered voter, the resulting vacancy may be filled by special election in
accordance with Massachusetts General Laws.
SECTION 2 General Powers and Responsibilities
3-2-1 The Select Board shall exercise the powers and duties prescribed by the Massachusetts
General Laws, this Charter, and the Brewster General Bylaws. The Select Board may delegate
powers and duties to the Town manager or to another Town Board. The Select Board shall
enforce the laws and orders of the Town, including this Charter.
3-2-2 The Select Board shall be the primary policy-making, planning, and goal-setting agency of
the Town; provided, however, that no individual member of the board, nor a majority of them,
shall at any time, attempt to become involved in the day-to-day administration of the affairs of
the town. It is the intention of this provision that the select board shall act only through the
adoption of policy directives and guidelines which are to be implemented by officers and
employees appointed by or under its authority.
3-2-3 The Select Board, following the development of the proposed budget by the Town
manager, shall review the annual proposed operating and capital budgets submitted by the
department heads, and shall make the main motion under the budget article at the Annual Town
Meeting.
3-2-4 The Select Board shall protect the assets of the Town.
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3-2-5 The Select Board shall approve all collective bargaining agreements of the Town
negotiated by the Town manager, consistent with the provisions of G.L. c.150E as it may be
amended from time to time.
3-2-6 The Select Board shall, no less than one time per year, meet jointly with the Finance
Committee, the Brewster School Committee, the Regional School Committee, and the Cape Cod
Technical School Committee, or their respective designees, for the purpose of sharing
information.
3-2-7 The Select Board shall be the licensing authority of the Town and shall have the power to
issue licenses, to make all necessary rules and regulations regarding the issuance of said licenses
and to attach conditions and restrictions thereto as it deems to be in the public interest, and to
enforce the law relating to all business for which it issues licenses; provided, however, that the
Board may, at its discretion, delegate responsibility to the town manager or a board created for
such purposes for issuance and enforcement of one or more licenses.
3-2-8 The Select Board shall ensure that the Brewster General Bylaws are kept current.
3-2-9 The Select Board shall be responsible to ensure that the Town manager complies with the
Charter.
SECTION 3 Written Records and Communication to the Town
3-3-1 Any goal, policy, plan, or official act adopted by the Select Board shall be in writing and
included in its entirety in the minutes of the Meeting at which it was adopted. The Town
manager shall ensure that a file containing a complete list of the Select Board’s current policies
and goals be posted on the Town’s website for public reference. The Select Board shall designate
to the Town manager the publishing of an Annual Town Report for each calendar year.
3-3-2 Before July 31 and after the Annual Town Election, the Select Board shall hold a Meeting
for the purpose of stating the Board's goals for the next fiscal year(s), referred to as the Annual
Goal Setting Meeting.
SECTION 4 Powers of Appointment
3-4-1 The Select Board shall select, and enter into a contract with, a Town manager. If the Town
manager position becomes vacant for any reason, the Select Board shall designate a qualified
person to serve in an acting capacity.
3-4-2 The Select Board shall appoint, following consultation with the Town manager, the Fire
Chief, Police Chief, and Town Counsel.
3-4-3 The Select Board shall appoint members of all boards, committees and commissions,
except as otherwise provided in this charter. The Select Board may remove any member of any
board it appoints, following the opportunity for a hearing; provided, however, that failure to
reappoint following the expiration of an appointed term shall not constitute removal. DRAFT
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3-4-4 The Select Board may appoint ad hoc committees as it deems necessary.
3-4-5 The Select Board shall adopt a policy establishing a code of conduct applicable to all
appointed and elected officials, which policy shall be amended from time to time at the board’s
discretion.
SECTION 5 Investigatory Powers
3-5-1 The Select Board may investigate the alleged misconduct of the Town manager, any Town
Board, or any member of a Town Board. The Select Board may direct the Town manager to
investigate the affairs of the Town, the conduct of any Town Department or Town Employee,
and any claim against the Town.
3-5-2 Any potentially criminal matter shall be referred to the appropriate law enforcement
agency.
SECTION 6 Limitations and Public Ceremonies
3-6-1 Unless specifically provided in State law, a member of the Select Board may not hold any
other position in Town Government, whether appointed or elected, paid or unpaid, that is created
by the Select Board or Town Meeting; provided, however, that serving in an ex officio capacity
shall not be considered a separate position for purposes of this paragraph. Further, service as a
representative from the Town to a governmental body other than the Town shall not be
prohibited by this provision.
3-6-2 The Select Board, and individual members thereof, shall deal with employees who are
under the direction and supervision of the Town manager solely through the Town manager.
Furthermore, neither the Select Board nor its individual members shall give direct orders to any
such employee.
3-6-3 Except as otherwise specified in this Chapter, the Select Board shall be subject to the same
rules as apply to all other Town Boards, including that members have no authority in their
individual capacities except as delegated by majority vote of the Board.
3-6-4 The Select Board shall represent the Town for all ceremonial purposes. DRAFT
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Chapter 4 TOWN ADMINISTRATION
SECTION 1 Town manager
4-1-1 Appointments and Qualifications
The select board shall by majority vote of the entire board appoint a town manager. The method
of selection shall be left to the discretion of the select board so long as the method of selection
insures orderly, nonpartisan action toward securing a competent and qualified person to fill the
position. The town manager shall be chosen solely upon the basis of the individual’s
administrative training, education, experience and ability and need not, when appointed, be a
resident of the town of Brewster; provided however, that the town manager shall establish such
residence within 12 months following the effective date of appointment and provided further that
the select board may, by no less than a two-thirds vote of the entire board, extend to a time
certain the time for establishing residence or waive this requirement in its entirety. The town
manager shall be bonded at town expense.
4-1-2 Compensation
The town manager shall receive compensation as may be fixed by the select board within the
amount appropriated by Town Meeting and according to the town manager’s expertise,
education and training. Any contract between the select board and town manager shall be made
pursuant to section 108N of chapter 41 of the General Laws.
4-1-3 Term and Removal
The town manager may be appointed for a definite term, but may be removed at the discretion of
the select board by vote of the majority of the entire board. The action of the select board in
suspending or removing the town manager shall be final. It is the intention of this charter to
invest all authority and fix all responsibilities of such suspension or removal in the select board.
4-1-4 Powers and Duties
The town manager shall be responsible to the select board for the proper administration of all the
affairs of the town consistent with the General Laws and this charter, and shall:
(A) appoint for a term of years or, at the town manager’s discretion, for an unlimited period, all
town employees, including civil service positions, not otherwise addressed herein, but excluding
employees of the school department, provided, however, that the town manager shall:
i. Act upon recommendations from the Police Chief and the Fire Chief respectively,
for appointment of employees of the Police and Fire Departments:
ii. Consult with appropriate department head or multiple-member body for
appointment of employees of other departments or multiple-member bodies.
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(B) supervise, discipline, suspend or remove all appointed department heads and employees and
organize and structure all town departments accordingly;
(C) administer and enforce the General Laws or special acts of the commonwealth or town by-
laws and all regulations established by the select board;
(D) coordinate activities of all town departments;
(E) attend all sessions of the town meeting and answer all questions addressed to the town
manager which are related to the warrant articles and to matters under the general supervision of
the town r administrator;
(F) keep the select board fully informed as to the needs of the town and recommend to the select
board for adoption such measures requiring action by the board or by the town as the town
manager deems necessary or expedient;
(G) ensure that complete and full records of the financial and administrative activity of the town
are maintained and render reports to the select board as may be required;
(H) be responsible for the rental, use, maintenance, repair and the development of a
comprehensive maintenance program for all town facilities;
(I) serve as the chief procurement officer for purposes of G.L. c.30B and be responsible for the
purchase of all supplies, materials, and equipment, approve the award and execute all such
contracts; provided, however that any contract over $1,000,000, or such higher amount as shall
be approved by the select board from time to time, shall require approval by the select board;
(J) develop and maintain a formal and complete inventory of all town-owned real and personal
property and equipment;
(K) propose personnel policies for approval by the Select Board and administer all personnel
policies, practices, rules and regulations, any compensation plan and any related matters for all
municipal employees and administer all collective bargaining agreements entered into by the
town;
(L) fix the compensation of all town employees and officers appointed by the town manager;
within the limits established by appropriation and any applicable compensation plan and
collective bargaining agreements;
(M) be responsible for the negotiation of all contracts with town employees regarding wages and
other terms and conditions of employment, except employees of the school department. The
town manager may, subject to the approval of the select board, employ special counsel to assist
in the performance of these duties. Collective bargaining agreements shall be subject to the
approval of the select board in accord with the provisions of G.L. c.150E;
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(N) be responsible for the preparation and development of the financial forecast, annual
operating and capital budgets and 5-year capital improvement plan, consistent with policy
guidance provided by the select board, and prepare and submit to the select board and finance
committee such budget and plan, and be responsible for the administration of such budget and
plan after their adoption;
(O) keep the select board and the finance committee fully informed as to the financial condition
of the town and make recommendations to the select board;
(P) prepare and submit to the select board at the end of the fiscal year a comprehensive report on
the finances and the activities and operations of all departments, boards and committees of the
town;
(Q) investigate or inquire into the affairs of any town department or office;
(R) have full authority to act on behalf of the town during emergencies, including direction of
town personnel, declaring states of emergency, opening the emergency operations center and
shelters and the emergency expenditure of funds, and to delegate any and all such responsibility
by appointing an emergency management director who is a town employee duly trained in public
safety, and a deputy emergency management director to assist the emergency management
director and to assume the duties of the emergency management director in their absence;
(S) delegate, authorize or direct any subordinate or employee in the town to exercise any power,
duty, or responsibility that the office of town manager may exercise, provided, that all acts
performed under such delegation shall be deemed the acts of the town manager; and
(T) perform such other duties as necessary or as may be assigned by this charter, town by-law,
town meeting vote, or vote of the select board.
4-1-5 Acting Town manager
The town manager shall appoint as acting town manager a town employee who shall perform the
duties of the town manager in the town manager’s absence. In the event of long-term disability
or absence exceeding two weeks, or the resignation, termination or vacancy in the office of town
manager, the select board shall appoint an acting town manager for the duration of any such
disability or until appointment of a permanent town manager. No member of the select board
shall serve as acting town manager.
SECTION 2 Town Counsel
4-2-1 The board shall appoint a competent and duly qualified and licensed attorney practicing in
the commonwealth to be the counsel for the town. Town counsel shall receive such
compensation for services as may be fixed by the select board and shall hold office at the
pleasure of the board. The town counsel shall be the legal adviser of all of the offices and
departments of the town and shall represent the town in all litigation and legal proceedings;
provided however, that the select board may retain special counsel at any time the board deems DRAFT
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appropriate and necessary. The town counsel shall review and concur or dissent upon all
documents, contracts and legal instruments in which the town may have an interest. The town
counsel shall perform other duties prescribed by this charter, town by-law or as directed by the
select board. No employee, committee or board, elected or appointed, other than the select board,
shall contact or otherwise interact with the town or labor counsel in a manner inconsistent with
the policy relative to access to counsel established by the select board. This provision shall not
limit the school committee from retaining its own legal counsel.
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CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES
SECTION 1 Elected Town Officers.
5-1-1 The registered voters of the Town of Brewster shall, in accordance with any applicable
laws, bylaws, voters of the Town or interlocal agreement, elect the following:
(A) Moderator for a 3 year term;
(B) Select Board of 5 members, each for a 3 year term;
(C) Brewster School Committee of five members, each for a 3 year term;
(D) Representatives to the Nauset School District Committee, as the Regional School Agreement
shall provide, and as it may be amended from time to time;
(E) Board of Health of five members, each for a 3 year term;
(F) Planning Board of seven members for four year terms;
(G) Recreation Commission of 5 members for 3 year terms;
(H) Historic District Committee of 5 members, with 4 elected members and 1 member appointed
by the Select Board, each for a 3 year term;
(I) Housing Authority of five members, with members to be elected or appointed in accordance
with requirements of state law; and
(J) Constable for a 3 year term, provided, however, that the authority of the elected constable in
the town of Brewster shall be limited to the posting of the warrant for the town meeting,
provided, further, that the person holding such position shall conform to any reasonable
regulations proposed by the chief of police and approved by the Select Board.
SECTION 2 Appointed Boards and Committees
5-2-1 General Authority
(A) Additional boards and committees may be created by adoption of bylaws, votes of town
meeting, or votes of the Select Board. A list of any such boards and committees, specifying the
number of members, terms of office, if any, and listing their respective charges, shall be
maintained in the office of the Town Clerk.
(B) Notwithstanding any other provision of this charter or general laws to the contrary, any
person so appointed may be removed by the appointing authority, following notice and the
opportunity for a hearing.
5-2-2 Committee Charge
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Each board or committee set forth in Sections 5-1 and any created under Section 5-2-1 shall be
organized and charged with, as applicable, the powers and duties specified in the General Laws
and special acts of the commonwealth, town by-laws, town meeting vote, vote of the Select
Board, or otherwise as provided elsewhere in this charter.
5-2-3 Committee Organization and Report
Each board or committee shall, at its first meeting following the annual town election, elect a
chair, vice chair and clerk, and shall cause the select board and the town clerk to be notified of its
selection. All boards and committees created under Chapter 5 of this Charter, or pursuant to a
bylaw, shall make a written annual report of their activities to the select board.
5-2-4 Resignation from Committee
(A) No resignation of any elected town officer under Section 5-1, and of any appointed
committee created by this charter or by bylaw under Section 5-2 or 5-3, shall be deemed
effective unless and until such resignation is filed with the town clerk or at such later time certain
as may be specified in such resignation.
(B) In the event an appointed board or committee member misses 3 consecutive meetings
without the permission of the chair, the chair shall notify the appointing authority, which may,
after the provision of notice to the member and an opportunity for a hearing, deem such position
to be vacant.
SECTION 3 Moderator Appointments
5-3-1 Power to appoint
The moderator shall have the power to appoint members of those boards and commissions
authorized under this chapter, bylaw, or vote of town meeting. Appointments made by the
moderator shall in each instance be for a fixed term and such appointments shall not be subject to
review or confirmation by any other person or group.
5-3-2. Finance Committee.
(A) Establishment; membership. There shall be a Finance Committee appointed by the Town
Moderator consisting of nine residents of the Town who shall serve without pay and who shall
hold no other Town office or employment, each of whom shall serve a three year term beginning
on July 1 and terminating on June 30 of the third year following appointment. Any member of
the Finance Committee may be removed at the Moderator’s discretion after written notice and
the opportunity for a hearing. Vacancies on the Committee shall be filled by the Moderator for
the remainder of the original term.
(B) Duties. The finance committee shall consider all the articles in any town meeting warrant,
and report to town meeting its recommendations by posting the same on the Town website, and
in any other manner it deems appropriate. Following the drawing up of the warrant for a town
meeting, the Select Board shall forthwith forward the same to the members of the finance DRAFT
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committee. The finance committee shall annually prepare for the annual town meeting a
comprehensive summary of the current condition of the Town’s finances.
(C) Investigative Authority. To carry out these duties, the finance committee shall have authority
to investigate the books, accounts and management of any department of the town.
(D) Annual Financial Summary. The finance committee shall prepare a comprehensive
summary of the current condition of the town’s finances to be presented by the finance
committee to the voters at the annual town meeting.
SECTION 4 Alternate Members of Certain Multiple-Member bodies
5-4-1 Alternate Members of Certain Elected Boards
The select board, following consultation with a board elected under Section 5-1-1(C), (E), (F),
(G) or (H), may appoint not more than 2 alternate members to serve for terms of 1 or 2 years.
The chair of each board to which alternate members have been appointed may designate an
alternate member to sit on the board in the case of absence, inability to act or conflict of interest,
on the part of any member of the board, or in the event of a vacancy. Any vacancies arising in
said alternate position shall be filled in the same manner as the original appointment for the
remainder of the unexpired term.
5-4-2 Alternate Members of Appointed Boards
The appointing authority may, appoint to board appointed under sections 5-2 or 5-4 of this
charter, not more than 2 alternate members to serve for terms of 1 or 2 years. The chair of each
board to which alternate members have been appointed may designate an alternate member to sit
on the board in the case of absence, inability to act or conflict of interest, on the part of any
member of the board, or in the event of a vacancy. Any vacancies arising in said position shall
be filled in the same manner as the original appointment for the remainder of the unexpired term.
SECTION 5 CAPE COD TECHNICAL SCHOOL COMMITTEE AND OTHER
REGIONAL ENTITIES
5-5-1 Members of the Cape Cod Technical School Committee shall be appointed or elected in
accord with the Regional School District Agreement as it may be amended from time to time.
5-5-2 Election or appointment to other regional entities as may be formed from time to time
shall be in accord with an applicable intermunicipal agreement for such purposes.
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Chapter 6 FINANCIAL PROVISIONS
SECTION 1 Budget Schedule
6-1-1 Annually, before December 1, the town manager shall establish and issue a budget
schedule that shall set forth the calendar dates for developing the annual budget for the next
fiscal year.
6-1-2 On or before December 15, the town manager shall present a financial forecast to the
select board. Thereafter, the select board shall set guidelines for the preparation of the annual
budget.
6-1-3 On or before February 1, the town manager shall submit to the select board a proposed
line item budget and accompanying message.
SECTION 2 Proposed Budget
6-2-1 The budget shall provide a complete financial plan of all town funds and activities,
including details on debt and debt service, anticipated income, and proposed expenditures.
6-2-2 The budget message shall begin with a clear general summary of its content and explain in
both fiscal terms and program objectives, proposed expenditures for each department, and the
projected tax rate.
SECTION 3 Budget Adoption
6-3-1 Town meeting shall adopt the annual operating budget, with or without amendments,
before the beginning of the fiscal year, except in the event that the governor has declared a state
of emergency to protect the public health or safety and the town meeting cannot complete its
business as a result thereof.
SECTION 4 Capital Planning
6-4-1 Capital Improvement Plan
The Town Manager shall prepare a 5-year capital improvement plan, identifying proposed
capital outlays or acquisitions in excess of $10,000, or such other sum as shall be determined by
the Select Board from time to time, for any one project, whether it be spent in one year or over
several years. The Town Manager, in the Manager’s sole discretion, may appoint a committee to
assist the Manager with preparation of the plan.
6-4-2. Contents of plan.
(A) The plan shall include all Town activities and departments. Proposed capital expenditures for
regional entities shall be consistent with the regional or intermunicipal agreement establishing
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(B) The plan shall include a list, by department, of all proposed capital improvements to be
undertaken during the next 5 fiscal years and shall include cost estimates, methods of financing
and time schedules. This information shall be revised and extended on an annual basis.
6-4-3. Submission to Select Board.
(A) The capital improvement plan shall be submitted to the Select Board by February 1 of each
year.
(B) The Select Board shall, after providing 7 days-notice in the manner required by the Open
Meeting Law, G.L. c.30A, §20 and its implementing regulations, hold a public hearing on said
plan. Said board shall make the plan available for public inspection.
6-4-4. Submission to Town Meeting.
The Select Board shall prepare and submit to every Annual Town Meeting a summary of the
capital expenditure plan, identifying all proposed capital expenditures for the next five years
estimated to cost $100,000 or more, or such other amount as the Select Board shall decide from
time to time, and including the year in which it is anticipated to be expended, the amount and its
anticipated source of funding.
SECTION 5 Annual Audit
6-5-1 At the close of each fiscal year, and at such times as it may be deemed necessary, an
independent audit shall be undertaken of all accounts of the town by a certified public
accountant. The audit committee created by bylaw, if any, or in the absence thereof, the select
board, shall solicit a firm or firms for such purposes. The certified public accountant so selected
shall have no personal interest, directly or indirectly, in the financial affairs of the town or any of
its offices. Upon completion of the audit, the results shall reviewed by the audit committee, if
any, and by the select board and the finance committee. The results, in a summary form, shall be
placed on file in the town clerk's office and on the town website as a public record and in the
Brewster public library for public information.
DRAFT
SPECIAL LEGISLATION FOR TOWN OF BREWSTER
Dated 11.13.2020
-20-
CHAPTER 7 BY-LAWS AND CHARTER – ADOPTION, AMENDMENT AND
PERIODIC REVIEW
SECTION 1. By-laws
7-1-1 Town Meeting approval. Town by-laws may be proposed by warrant article consistent
with the General Laws and this Charter.
7-1-2. Quantum of vote. Adoption and amendment of general and zoning by-laws shall be
approved in accord with applicable general laws.
7-1-3. Periodic Review. The select board shall ensure that the town by-laws are reviewed and
prepared for any necessary revision at least every 10 years.
7-1-4. Codification and Publication. The town clerk shall codify and republish the town by-laws
from time to time as may be reasonable and such by-laws shall also be posted on the Town
website.
7-1-5. Continuation of Laws. All special acts, town by-laws, town meeting resolutions, rules and
regulations of the town in force at the time this charter takes effect, not inconsistent with this
charter, shall continue in force.
SECTION 2 Charter
7-2. Proposal of Amendments.
7-2-1. Major Amendments. Amendments to this charter relating in any way to the composition,
mode of election or appointment or terms of office of the legislative body, select board or the
town manager may be proposed only by a charter commission elected under the General Laws,
or proposed pursuant to special legislation as otherwise authorized by the Massachusetts
constitution.
7-2-2. Minor Amendments. Amendments to the charter relating to other matters may be
proposed by a two-thirds vote at a duly called town meeting under the General Laws, and then
approval at the polls by the voters of the town, or proposed pursuant to special legislation as
otherwise authorized by the Massachusetts constitution.
7-2-3 Periodic Review. The select board shall appoint a committee of no fewer than 5 nor more
than 9 members to review the charter not less than once every 10 years, such that review of the
Charter begins 5 years after the by-law review provided for under Section 7-1-3 to review the
Town Charter and provide recommendations, if any, to a subsequent town meeting with respect
to such review.
DRAFT
SPECIAL LEGISLATION FOR TOWN OF BREWSTER
Dated 11.13.2020
-21-
SECTION 2. CONTINUATION OF EXISTING LAWS All by-laws, resolutions, rules,
regulations and votes of the town meeting in force at the time the charter established by section 1
of this act takes effect, not inconsistent with the provisions of the charter, shall continue in full
force until amended or repealed. Where provisions of the charter established by section 1 of this
act conflict with provisions of town bylaws, rules, regulations, orders or special acts or
acceptances of laws, the charter provisions shall govern. All provisions of town by-laws, rules,
regulations, orders and special acts not superseded by the charter established under section 1 of
this act shall remain in force.
SECTION 3. CONTINUATION OF GOVERNMENT. Upon the effective date of section 1 of
this act, all town offices, boards, commissions or agencies shall continue to perform their duties
until reappointed or re-elected, or until successors to their respective positions are fully
appointed or elected or until their duties have been transferred and assumed by another town
office, board, commission or agency.
SECTION 4. CONTINUATION OF PERSONNEL. Upon the effective date of section 1 of this
act, a person holding a town office or a position in the administrative service of the town or a
person holding full-time employment under the town shall retain that person’s office, position or
position of employment and shall continue to perform the duties of that person’s office, position
or position of employment until provision shall have been made for the performance of those
duties by another person or agency; provided, however, that a person in the permanent full-time
service of the town shall not forfeit their pay grade or time in the service of the town as a result
of the adoption of this charter; provided further, that this section shall not provide a person
holding an administrative office or position or a person serving in the employment of the town
on the effective date of this charter with any greater rights or privileges with regard to that
person’s continued service or employment with the town than that person had before the
effective date of this charter. Nothing in this paragraph shall impair the rights of any person
under an individual employment contract or collective bargaining agreement.
SECTION 5. TRANSFER OF RECORDS AND PROPERTY. All records, property and
equipment whatsoever of a town office, board, commission, committee or agency or part thereof,
the powers and duties of which, upon the effective date of section 1 of this act, are assigned in
whole or in part to another town office, board, commission or agency, shall be transferred
forthwith to the office, board, commission or agency.
SECTION 6. EFFECT ON OBLIGATIONS, TAXES, ETC. All official bonds, recognizances,
obligations, contracts and other instruments entered into or executed by or to the town before the
effective date of section 1 of this act, and all taxes, assessments, fines, penalties, forfeitures,
incurred or imposed, due or owing to the town, shall be enforced and collected and all writs,
prosecutions, actions and cause of action, except as herein otherwise provided, shall continue
without abatement and remain unaffected by the charter and no legal act done by or in favor of
the town shall be rendered invalid by reason of the adoption of this act.
DRAFT
SPECIAL LEGISLATION FOR TOWN OF BREWSTER
Dated 11.13.2020
-22-
SECTION 7. TRANSITION
This will be prepared at a later date in order to address any transitional language that might be
needed.
SECTION 8. TIME OF TAKING EFFECT. This act shall take effect upon its passage.
DRAFT
Community Preservation Committee: FY21 Forecast as of 11/20/202020
1,877,863.30$
1,058,000.00$
368,430.00$ 1,426,430.00$
3,304,293.30
50%10%10%
Open Space Housing Historical
$ 792,316.57 $ 34,932.41 $ 332,819.89 $ 717,794.43
$ 713,215.00 $ 142,643.00 $ 142,643.00 $ 427,929.00
$ 1,505,531.57 $ 177,575.41 $ 475,462.89 $ 1,145,723.43
Open Space Housing Historical "30%"
$ (61,200.00)
$ (55,080.00)
$ (105,120.00)
$ (50,295.00)
$ (5,204.00)
(71,321.50)$
$ (49,500.00)
$ (15,000.00)
(425,000.00)$
(25,000.00)$
$ (325,500.00)
$ (400,000.00)
Total YTD Obligations - FY21 $ (1,002,399.00) $ (64,500.00) $ - $ (521,321.50)
$ 503,132.57 $ 113,075.41 $ 475,462.89 $ 624,401.93
Total net available from all accounts 1,716,072.80$
$ 377,663.00
$ 193,063.00
FY-21 obligations as of 07/01/2020
FY-20 Estimated total balance forwarded [1]:
FY-21 Estimated local tax revenue:
FY-21 Estimated State contribution [2]:
Total FY-21 Estimated funds available:
Budgedted Reserved
for CPA
FY-20 Actual Unreserved Fund Balance
FY-21 Estimated revenue
FY-21 Estimated Funds available
Brewster Whitecaps Field Improvements
Jolly Whaler Bond (5)
BBJ Property Bond #1
BBJ Property Bond #2
Bates Property Bond
Besse Cartway (Long Pond) Short Term Borrowing Interest
(4)
Administration Expense [3]
Part Time Housing Coordinator
Community Development Partnership - Housing Institute
{5} Final payment on this bond
Pleasant Bay Dock Improvements
McGuerty Road Land Purchase
Additional Principal Paydown - Besse Cartway S/T Borrowing
FY21 Estimated Unreserved Fund Balance as of 11/20/202020
with Adjustments
Grant Funds for Received July 2020 - Reimbursement for
Windrift Acres
[1] Balance forwarded estimated from prior year includes all unallocated funds, including unspent amounts from projects and budgeted administrative and professional expenses.
(2) State Match revenue is finalized at 35.2% per notification on 11/20/2020.
[3] Administrative expenses are limited by law to 5% of the total CPC budget and include primarily payroll costs, legal and other professional expenses, the annual $3,500 state CPA
Coalition dues.
{4} Original bond amount of 1,594,900 to be paid down by 899,210 in April. Rem. Balanceis 695,690 @ .75% interest rate
Grant Funds for Approved by State November 2020 -
Reimbursement for McGuerty Road BONDS
Community Preservation Committee: FY22 Forecast as of 11/20/2020
1,716,072.80$
1,084,450.00$
162,667.50$ 1,247,117.50$
2,963,190.30
50%10%10%
Open Space Housing Historical
$ 503,132.57 $ 113,075.41 $ 475,462.89 $ 624,401.93
$ 623,558.75 $ 124,711.75 $ 124,711.75 $ 374,135.25
$ 1,126,691.32 $ 237,787.16 $ 600,174.64 $ 998,537.18
Open Space Housing Historical "30%"
$ (53,100.00)
$ (101,600.00)
$ (48,983.00)
62,355.88$
Total YTD Obligations - FY22 $ (203,683.00) $ - $ - $ 62,355.88
$ 923,008.32 $ 237,787.16 $ 600,174.64 $ 1,060,893.06
Total net available from all accounts 2,821,863.18$
Windrift 377,663.00
McGuerty 193,063.00
FY-22 obligations as of 11/20/2020
FY-21 Estimated total balance forwarded [1]:
FY-22 Estimated local tax revenue:
FY-22 Estimated State contribution [2]:
Total FY-22 Estimated funds available:
Budgedted Reserved for
CPA
FY-21 Actual Unreserved Fund Balance
FY-22 Estimated revenue
FY-22 Estimated Funds available
BBJ Property Bond #1
BBJ Property Bond #2
Bates Property Bond
FY22 Estimated Unreserved Fund Balance as of 11/20/2020
with Adjustments
Administration Expense [3]
[1] Balance forwarded estimated from prior year includes all unallocated funds, including unspent amounts from projects and budgeted administrative and professional
(2) State Match revenue is projected at 15%, which is the total which was listed in the Fall TM Warrant.
[3] Administrative expenses are limited by law to 5% of the total CPC budget and include primarily payroll costs, legal and other professional expenses, the annual $3,500 state
Coalition dues.
{4} Original bond amount of 1,594,900 to be paid down by 1,299,210 in April. Rem. Balance is 295,690 @ .75% interest rate.
REMAINING OPEN SPACE GRAND FUNDS BONDS
November 2020 Statewide Trust
Fund Distribution Announced
POSTED ON: NOVEMBER 12, 2020 - 9:36AM
The Massachusetts Department of Revenue (DOR) released the Community Preservation
Trust Fund distribution for each CPA municipality today. In total, over $55 million was paid
to the 176 communities eligible for a distribution. All CPA communities received a
28.6% match on round one of the trust fund distribution this year. Communities that
adopted CPA with a full 3% local property tax surcharge received a higher percentage.
The base match is significantly higher compared to recent years due to an increase to the
CPA Trust Fund passed in 2019. As you may know, the Community Preservation Coalition
championed that decade-long effort to pass legislation increasing the fees generated for the
CPA Trust Fund. The new fee schedule at the state’s Registries of Deeds went into effect on
December 31st, 2019, more than doubling the monthly revenue for the Trust Fund.
Without that legislation, the base match would have likely plummeted into single digits this
year.
Three Straight Years of Higher Matches
The upward trend for the Trust Fund continues! For almost all communities, this was the
third straight year that the Trust Fund distribution increased. And that’s despite the fact
that there are 14 more CPA communities receiving matching funds this year compared to
four years ago.
But What About State Budget Surplus Dollars?
In five of the last seven years, the Coalition has advocated successfully for state budget
surplus dollars to be transferred to the CPA Trust Fund to make up for declining revenues.
With the passage of the legislation permanently increasing the Trust Fund fee revenue, we
can no longer expect the state to provide surplus funding dollars for CPA. But the timing of
the new legislation was fortuitous; with the pandemic impacting tax revenues, it’s unclear
when the state will next have a budget surplus available.
What Did My Community Receive In Today’s Trust Fund
Distribution?
Click on the links below for details on this year's distribution and to view the specific
distribution amounts for each community:
> SPREADSHEET: Click here for the CPA Trust Fund distribution amount for each
municipality <
>> PDF VERSION: Click here for the CPA Trust Fund distribution amount for each
municipality <<
Statistics From This Year's Distribution:
Total municipalities qualifying for a trust fund distribution on November 15,
2020: 176
Match percentage received by municipalities with a CPA local property tax
surcharge of less than 3%: 28.6%
Match percentage received by municipalities with the maximum CPA local property
tax surcharge of 3%: Range of 29.1% to 100%
Number of municipalities receiving a full 100% match: 11
Community with largest Trust Fund Distribution: Boston ($6,181,517)
Community with the smallest Trust Fund Distribution: Gosnold ($429)
Total payout in first round distribution: $48,885,738
Total payout in second round distribution: $4,306,346
Total payout in third round distribution: $2,476,403
Total payout for all rounds: $55,668,487
November 2020 CPA Trust Fund Distribution
Municipalit
y
FY 2020
Net
Surcharg
e Raised
Round 1
Distributio
n
Round 2
Equity
Distributio
n
Round 3
Surplus
Distributio
n
Final Total
Distributio
n
Final
Percentage
Reimbursemen
t
BREWSTER $
1,047,220
$
299,783
$
41,664
$
26,983
$
368,430 35.2%
From: Peter Lombardi
Sent: Thursday, November 5, 2020 1:58 PM
To: Select Board <SelectBoard@brewster-ma.gov>
Cc: Donna Kalinick <dkalinick@brewster-ma.gov>; Susan Broderick <sbroderick@brewster-ma.gov>;
Robin Young <ryoung@brewster-ma.gov>
Subject: FW: FOR IMMEDIATE RELEASE: Baker-Polito Administration Announces $8.7 Million to Support
Local Parks, Land Conservation
Please see official press release regarding $193k LAND grant for the 10+ acre open space acquisition off
Long Pond Rd.
Note that BCT was awarded $45k for open space on Slough Pond.
And grant funds will be used to track the efficacy of the soon-to-be installed culvert at Crosby aimed at
improving tidal flow to the west of Crosby Lane.
Peter Lombardi
Town Administrator
Town of Brewster
508-896-3701 x. 1128
Effective July 7, 2020, until further notice:
Based on current state guidance and public health data, Brewster Town Offices are open to the public
on Tuesdays and Thursdays during regular business hours. Residents and visitors are urged to
continue to access town services remotely if possible. Phone messages and email communications will
continue to be answered promptly. Thank you for your understanding and cooperation. For the latest
updates on Town services, please visit www.brewster-ma.gov.
From: Thomas, Nathaniel (ENV) [mailto:nathaniel.thomas@state.ma.us]
Sent: Thursday, November 5, 2020 11:38 AM
Subject: FOR IMMEDIATE RELEASE: Baker-Polito Administration Announces $8.7 Million to Support Local
Parks, Land Conservation
FOR IMMEDIATE RELEASE:
November 5, 2020
CONTACT
Craig Gilvarg
Craig.Gilvarg@Mass.Gov
Baker-Polito Administration Announces $8.7 Million to Support
Local Parks, Land Conservation
BOSTON – The Baker-Polito Administration today announced more than $8.7 million in grant awards to
municipalities and land trusts to support the acquisition and conservation of over 676 acres of land throughout
the Commonwealth. The grants, awarded through four separate grant programs, will fund 46 projects in 35
communities, creating or renovating 20 parks and supporting projects to help farmers and forest landowners
improve the management of soils and natural resources.
“Massachusetts’ open spaces are a significant asset to our state, providing recreational opportunities to
residents across the Commonwealth while also helping to build resiliency to the impacts of climate change,” said
Governor Charlie Baker. “Our administration is proud to fund these important efforts that will create new parks,
support the agricultural community, and conserve critical natural resources.”
“The ongoing pandemic has made clearer than ever the significant benefits outdoor spaces offer Massachusetts
residents, including for physical and mental health,” said Lieutenant Governor Karyn Polito. “These grants allow
us to partner with municipalities and land trusts across the Commonwealth to support important local projects
to conserve critical natural resources and improve recreational opportunities.”
The grants were awarded through the Local Acquisitions for Natural Diversity (LAND), Parkland Acquisitions and
Renovations for Communities (PARC), Conservation District Innovation, and Conservation Partnership grant
programs, administered by the Executive Office of Energy and Environmental Affairs.
The administration awarded $5,295,711 to 20 municipalities through the PARC Grant Program, established in
1977 to assist cities and towns in acquiring and developing land for park and outdoor recreation purposes. Any
community with an up-to-date Open Space and Recreation Plan is eligible to apply for the program. Since 2015,
under the Baker-Polito Administration, 188 PARC grants have been awarded, totaling $36,129,972 in grant
funding to create or restore municipal parks.
The administration also awarded of $2,676,785 to 11 municipalities through the LAND Grant Program, which was
established in 1961 to assist municipal conservation commissions in acquiring land for natural resource
protection and passive outdoor recreation purposes. Any municipal conservation commission with an approved
Open Space and Recreation Plan is eligible to apply for the program. Since 2015, under the Baker-Polito
Administration, the program has protected 3,857 acres with grants totaling $13,330,559.
“These programs enable municipalities and land trusts to protect land across the Commonwealth that provides
critical habitat to rare species as well as climate resiliency,” said Energy and Environmental Affairs Secretary
Kathleen Theoharides. “Our communities and land trust partners are increasingly valuable allies in our effort to
conserve critical natural resources across the Commonwealth, and we look forward to working with them to
support these important projects.”
The Conservation Partnership Program awarded grants to eight municipalities totaling $495,170. The program
provides funding to assist non-profit organizations in acquiring interests in lands suitable for conservation or
recreation purposes. Over the past ten years it has granted $6,128,487 to 97 projects conserving 3,033 acres.
Through the Conservation District Innovative Projects program, the administration announced a total of
$230,000 to support seven projects. The Conservation Districts will work in partnership with local, state and
federal agencies on soil and water conservation issues, and the projects will help implement locally prioritized
conservation projects. Projects include local education efforts to on the ground soil health and conservation
projects on agricultural lands. It has provided $1.23 million to 45 projects since its inception.
Conservation districts are not-for-profit entities comprised of locally elected boards dedicated to the
conservation of natural resources within a County, that work cooperatively with forest and farm owners and with
municipal, state and federal agencies to conserve natural resources at the local level by promoting best
management land practices.
“The lands supported by these grants sequester carbon, protect drinking water, provide essential habitat,
support local farming and food production, and provide us all with beautiful open spaces that enhance our
quality of life,” said State Senate Minority Leader Bruce Tarr (R-Gloucester). “Funds invested through these
grants will pay major dividends, thanks to the innovation, leadership and commitment of a wide array of
municipal and organizational partners.”
“Public parks are such vital community resources, especially in historically-underserved urban core communities
like Chelsea,” said State Senator Sal DiDomenico (D-Cambridge). “I am thrilled that this PARC Grant will be used
for the renovation of the Mace Tot-Lot, and these updates will help to ensure that our youngest children have a
much-needed and fun space to recreate safely in our neighborhood.”
“I am pleased to see how this grant will help with preserving more land dedicated to outdoor use for our
citizens,” said State Representative Brad Hill (R-Ipswich). “This is especially important during this day in age with
so many trees coming down and buildings going up. After seeing so many people get outside since the pandemic
started it is clear we need to preserve more land during times like these and throughout our future.”
“These grants are greatly appreciated and timely. Now more than ever, do we see the importance of safe, clean
outdoor space for our children and families; especially in our environmental justice communities where
recreation space is limited,” said State Representative Dan Ryan (D-Charlestown). “I want thank the Baker-
Politico Administration for their cooperation on these precious pieces of parkland.”
Note: Brewster CPC Chair has edited the information included in the 11/25 CPC Meeting Packet below for brevity by
including only references to Brewster.
The following municipalities were awarded LAND grants:
Municipality Project Name Project Description
Grant
Award
Brewster McGuerty Road Aquifer
Protection
The project will support habitat for rare
species and will expand the 400-acre tract of
preserved land around the town’s main
wellfield. The property is entirely within land
designated as Zone II.
$193,063
The following Land Trusts were awarded Conservation Partnership grants:
APPLICANT PROJECT NAME PROJECT
LOCATION PROJECT DESCRIPTION GRANT
AWARD
Brewster
Conservation
Trust
Slough Pond
Preservation Project Brewster
The project will protect land that is
within the town's Zone II wellfield
protection area and has 370 feet of
shoreline along Slough Pond, contains
100% BioMap2 Core, and will expand
on an already protected open space
corridor.
$45,455
The following conservation districts have been awarded Conservation District grants:
APPLICANT PROJECT
LOCATION PROJECT DESCRIPTION Grant
Awards
Cape Cod
Conservation
District
Quantitative
Vegetation and
Geospatial Data
Inventory for
Three Saltmarsh
Restoration
Projects
The goal of this project is to provide
geospatial and plot specific data
baseline data for three saltmarsh
restoration projects totaling 32
acres. The two largest sites are
Eagle Neck Creek Marsh and the
Pamet River System in Truro; the 2-
acre site is the Crosby Lane Marsh in
Brewster. The three sites have
received extensive federal, state,
and local partnership participation
and funding:
$42,000
This funding builds on the Baker-Polito Administration’s efforts to protect and preserve critical natural resources
while preparing for and mitigating the impacts of climate change through land conservation. In September, 2020,
the Baker-Polito Administration announced $11.1 million in grants to cities and towns through the Municipal
Vulnerability Preparedness (MVP) Program, including a land conservation project in Littleton, bringing the total
state investment in climate change resilience through the MVP program to over $44 million since 2017. The
administration also announced $225,000 in grant funding to eight municipalities and a regional economic
development organization to support forest stewardship and conservation, trail improvements, and nature-
based tourism in the Mohawk Trail Woodlands Partnership region. Collectively, the grants announced today and
others from EEA help communities, land trusts, and other organizations partner with the Commonwealth to
protect and care for our natural resources.
###
The Millstone Property: 16 acres of Town owned land designated for Community Housing
A November 2020 update from the Affordable Housing Trust:
Community Housing in line with the Brewster Community
From Housing Plan Strategy to beginning to draft a Request for Proposal (RFP)
The COVID 19 pandemic has shown us that, now more than ever, saying yes to Brewster’s Vision Plan and
addressing our housing challenges, is critical to retain the sense of community that we have built together in
Brewster. Creating housing on the Millstone parcel follows the Towns’ Vision Plan, addresses our need for
rental housing, retains open space, supports economic health and helps to maintain the Town’s character.
The Town’s Vision and Housing Plans guide the Trust’s work and goal to create community housing on the
Millstone property, and have resulted in the following actions:
Identified both the need to increase housing options in Town and the strategy to use Town owned
property for affordable housing.
Purchased an access parcel and designated the Millstone property for community housing at May 2018
Town meeting. The Select Board deemed producing housing on the property a strategic priority and
gave oversight of the process to the Housing Trust. Subsequently, a feasibility study by Bohler
Engineering found that the property is appropriate for affordable housing development.
Created a strong community engagement process. Community input has been a key part of the
process. Residents have participated in a host of opportunities including the creation of Town’s Vision
and Housing Plans as well as housing information sessions, interviews, three Millstone community
engagement sessions, and two online surveys. Involvement has been encouraged with robust outreach
and material available on the Town homepage and website, in the newspaper and at Trust meetings.
Recognizing that stable, attainable and affordable housing supports the economic health and vitality of
Brewster, the Trust is seeking to create rental housing, which has been identified as the Town’s greatest need.
Only 12 % of Brewster’s housing, versus 34% for the state, is rental units. Our affordable housing
options presently have years long wait lists. Based on the feasibility study, the property could support
up to 90 bedrooms, approximately 45-50 rental units.
The Housing Trust affirms Brewster’s commitment to open space, and aims to encourage a plan which
incorporates open space in the neighborhood.
The sample concept plan leaves over 70 % open space. Clustering buildings provides for more open
space. The concept plan shows 12 one story buildings. If the number of buildings are consolidated
and/or some are two story, this would enable larger buffers.
Appreciating the beauty and character of Brewster, the Trust will develop design guidelines to ensure that
buildings match the style of the community and that pleasant landscaping includes buffers and trees.
These guidelines are influenced by a design survey and input from residents.
The next step is for the Trust to draft a Request for Proposals (RFP) which will take place at public Trust
meetings over the coming 6 months and incorporate community input, including the Housing Plan.
The Trust cannot dictate the actual plan of the development but can set criteria to select the developer
of the property.
The concept plan assists in the creation of the RFP. The RFP will include the program & property
description, development & design guidelines, and developer selection criteria.
After selection, the developer would engage in a friendly, 40B Comprehensive Permit process.
For more information about the Millstone property or community housing in Brewster, see the Housing Office
webpage: https://brewster-ma.gov/departments-mainmenu-26/housing-office or contact Jill Scalise, Housing
Coordinator, at jscalise@brewster-ma.gov or 508-896-3701, ext. 1169.
Millstone Road Land Parcel (98 -12) Property Timeline
16+ ACRES OF TOWN-OWNED LAND DESIGNATED FOR COMMUNITY HOUSING
10/2019-6/2020: Community engagement includes
interviews, 3 community input sessions, and 2 online
surveys. The Housing Trust, with guidance from the
Housing Plan and hel p from MHP & Barrett Planning,
determines community housing goals for the property.
9/2020: Completion of Bohler Feasibility Study .
5/2018: Brewster residents approve the transfer of Millstone
land parcel 98 -12 for community housing purposes, and the
use of CPA funds to purchase 0 Millstone Road (99 -1) for
community housing purposes.
7/2018: Town purchases 0 Millstone Road (access parcel).
12/2018: Select Board signs grant agreement with MHP for pre-
development feasibility study and assigns management of the
project to the Brewster Affordable Housing Trust.
7/2019: An initial report by Bohler Engineering states that “an
affordable housing development appears to be a feasible project
at this location with limited constraints.”
6/2004: Court judgment
transfers the property to
Town of Brewster.
2006-2013: Work done includes
survey, investigation of deed, and
possible access to Millstone land
parcel.
6/1994: Town of Brewster
files Tax Lien Conversion
Case in Land Court.
11/2005: Special Town Meeting vote
authorizes Board of Selectmen to
investigate ownership of the Town’s
interests in 8 parcels of land (including
98-12) for the purpose of constructing
affordable housing, or for the sale with
proceeds reverting to the town’s
Affordable Housing Fund. $10,000 is
allocated for professional services.
First steps & potential next steps for Millstone Property as of October 2020
The development of this parcel for Brewster’s housing needs is an intentional process being overseen by the Brewster
Affordable Housing Trust (BAHT). The following is a general timeline highlighting actions after the parcel was designated
for Community Housing at the May 2018 Town meeting.
First Steps (2019 - 2020)
Feasibility study on land (2019- 2020)
In December 2018, the Select Board signed a grant agreement with Mass Housing Partnership (MHP) to provide a
pre-development feasibility study to help determine the potential community housing options for this parcel. In July
2019, Bohler Engineering released the initial stage of the study, the Due Diligence Report.
Determine community housing goals for the property (Fall 2019- Spring 2020)
This involves public input, financial realities, information from the feasibility study as well as guidance from the data
and strategies provided in the Brewster Housing Plan. Barrett Planning Group was hired to lead the community
engagement process, including interviews, three public sessions, and two online surveys. MHP and the Housing Trust
also participated in information gathering, sharing, and presentations. The Trust worked diligently over several
meetings to provide guidelines and goals around the Millstone property, taking into consideration public input,
financial realities, information from the feasibility study and our housing needs as outlined in the Housing Plan.
Completion of Bohler Engineering’s Feasibility Study (September 2020)
With input from the community engagement process and guidance from the Housing Trust, Bohler developed a
Master Plan to be used to assist in the creation of the RFP. The Feasibility Study, including the Master Plan, was
presented by Bohler and MHP to the Trust at the televised, and recorded, September 2020 Virtual Trust meeting. In
response to abutter concerns, the Trust engaged Bohler to perform an additional Watershed Analysis in Fall 2020.
Next Steps (12 + months)
Develop Criteria and Create a Request for Proposals (RFP) (Beginning in November 2020)
Once criteria for the project has been developed, a RFP will be created with oversight by the BAHT and assistance
from MHP. The RFP will include the program description, development/design guidelines, property description,
proposal submission requirements and developer selection criteria. This will be a public process.
Designate a Developer
After receiving and reviewing proposals, the Town will select a developer and sign a disposition agreement.
Probable Further Steps
File a Comprehensive Permit Application with the Zoning Board of Appeals (ZBA)
The developer would apply for a Comprehensive Permit with the ZBA. Public comment is part of the Comprehensive
Permit process. This is considered a ‘friendly 40B’ as the Town created the RFP and both the town and developer are
working towards a common goal.
Request Community Preservation Act (CPA) Funding
Since the CPA came into existence in 2005, all Town involved projects to create community housing have included
the use of CPA funding. This is the normal procedure. CPA funding involves an application to the Community
Preservation Committee (CPC), approval from the CPC and a Town Meeting vote for authorization of the funds.
Residents would have the opportunity to vote at Town Meeting on CPA financial support of a project. This could be
before or after the Comprehensive Permit is filed.
Finalize Funding
The Comprehensive Permit is required before state funding can be applied for and attained. The state has one
funding a round every 9-12 months and it generally takes at least two tries to successfully attain funding.
Begin Construction
Includes final review of plans by Town officials. Construction averages 12 months.
For additional information contact:
Donna Kalinick, Assistant Town Administrator, dkalinick@brewster-ma.gov, 508-896-3701, X1130
Jill Scalise, Housing Coordinator, jscalise@brewster-ma.gov, 508-896-3701 X1169
Community Preservation Committee Public Hearing
Minutes of October 28, 2020 Page 1 of 6
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701
FAX (508) 896-8089
COMMUNITY PRESERVATION COMMITTEE
PUBLIC HEARING
Virtual Meeting
Thursday, October 28, 2020 at 4:30 p.m.
MEETING MINUTES OF OCTOBER 28, 2020
Present: Community Preservation Committee (CPC) - Chair Faythe Ellis, Vice-Chair Sharon Marotti,
Clerk Elizabeth Taylor, Roland Bassett, Peggy Jablonski, Diane Pansire, Bruce Evans, Barbara Burgo,
Paul Ruchinskas
Absent:
Also Present: Peter Lombardi, Town Administrator; Donna Kalinick, Assistant Town Administrator;
Cynthia Bingham, Select Board; Jill Scalise, Housing Coordinator; Cindy St. Amour, Brewster Ladies
Library; Joan Pernice, Brewster Ladies Library; Bill Roberts, Brewster Historical Society; Brian Locke,
Crosby Mansion; Chris Miller, Natural Resources Director; Mike Gradone, Brewster Recreation
Director; Hal Minis, Brewster Conservation Trust; Adam Gracia, Cape and Islands Veteran Outreach
Center
Chair Faythe Ellis called the meeting to order at 4:30 pm
This meeting will be conducted by remote participation pursuant to Governor Baker’s March 2020 orders suspending certain Open Meeting Law provisions and
imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the
proceedings will be provided on the Town website as soon as possible. The Town has established specific email addresses for each board and committee so the public
can submit comments either before or during the meeting. To submit public comment or questions to the Community Preservation Committee, please email:
cpcmeeting@brewster-ma.gov. To view the:
Live broadcast: Tune to Brewster Government TV Channel 18
Livestream: Go to www.livestream.brewster-ma.gov
Audio/video recording: Go to www.tv.brewster-ma.gov
1.Introductory Comments
Faythe started off the Hearing giving a brief history and overview of the Community Preservation
Committee (CPC) and its budget and application process. At the November 2004 Town Meeting, voters
approved a switch from the land bank to the Community Preservation Act and in June 2005 that change
went into effect. This meant that the 3% surcharge on real estate remained in place but could be used for
more than just Open Space – it could now be used for Open Space, Community Housing, Historic
Preservation and Recreation. They then created the Community Preservation Committee and appointed
the Conservation Commission, Planning Board, Recreation Commission, Historical Commission and
Housing Authority. The CPC is charged with studying community preservation needs, reviewing
funding requests, and making recommendations to Town Meeting.
Approved:
VOTE:
Community Preservation Committee Public Hearing
Minutes of October 28, 2020 Page 2 of 6
The Town Meeting then set allocations on how the Committee would spend the funds: 50% Open
Space, 10% Community Housing, 10% Historic Preservation, and 30% to be used for Housing, Historic
Preservation or Recreation. Faythe gave an overview of projects in each of these categories that have
been in process and/or completed since that time. The CPC accepts applications twice per year for
Spring and Fall Town Meeting. Town Counsel gives their opinion on CPA eligibility and then the CPC
determines the application meets its criteria and refers it out to the appropriate committee for their initial
review. They will listen to the presentation and provide a funding recommendation back to the CPC. At
that point, they will be invited to present to the CPC for final review and vote.
After this, Faythe briefly discussed the CPC funding formula. Over the summer, she recommended to
the Select Board that the committee engage in a public process to review the CPA funding formula and
make recommendations regarding any changes they would like to see. The CPC plans to start that public
discussion once the application review work is complete for the Spring Warrant Article.
Faythe turned to the Public Comment portion of the meeting.
2.Public Comments
Cindy St. Amour, Brewster Ladies Library Director
Joan Pernice, Brewster Ladies Library Board President:
Cindy St. Amour said this would not be a monetary request at this point, but wanted to speak about the
future plans for the renovation of the library. We were awarded in 2017 the $4.6M from the State of
MA. We are ranked as #16 on the MA Board of Library Commissioners’ (MBLC) wait list and
anticipate at least 5 more years before the commissioners go through those projects. In August of 2020,
Governor Baker approved $115M for library construction. The MBLC cannot spend all the money at
once. The new Federal legislation would allow the project to enable 75% of allowable costs to be funded
under the MBOC Construction Program. This would subsequently request a federal grant of 25% of
allowable costs. This would be submitted to the Federal ALA Library Stabilization Fund Act of a one-
time federal funding of all the libraries in this state grant round to supplement the state awards and
provide relief to municipality budgets. The Brewster renovation total costs are estimated at $10,247,956;
with the MBLC grant of $4,655,737. If this Federal Legislation were to be included for an additional
25%, the combined grant would be $6,900,000 and local cost for completion would be $3,264,350. The
Brewster renovation project addresses the 5200 sq. feet of unfinished basement space, directly
addressing structural issues and builds a 21st Century Library for Brewster and Cape Cod.
Joan Pernice thanked everyone and said they see this as an opportunity to reiterate the support the
Brewster Ladies Library Association has for this renovation project. This project will enhance the
library for a long time and be a great benefit to the town and its residents. We have made a commitment
to be an active participant in the fundraising for the matching dollars for the project. We want to keep
you informed and work proactively to come up with a plan to have the renovation project completed.
Bill Roberts, Brewster Historical Society:
Bill Roberts, as V.P. of the Historical Society, they would like to apply for grant monies for the
acquisition of the barn behind the Spruce Hill property. They need storage space at the Windmill Village
Property. $6,100 appraisal value plus foundation and utilities. Plan to apply for the July 1st Funding
cycle deadline for Fall Town Meeting.
Community Preservation Committee Public Hearing
Minutes of October 28, 2020 Page 3 of 6
Brian Locke, Crosby Mansion Property Manager:
Brian Locke said the Mansion is 132 years old and some projects need to be addressed. We’ll be looking
to apply for the July 1st deadline. We are planning to be back and get aggressive to be on the front line
for functions and events. Roof and chimney are the main issues we will be looking at for funding. High
scaffolding and high need areas are most concerning and need professional contractors do this work.
Things continually pop up that we didn’t budget for, and getting help through CPC would be wonderful.
The Mansion was always a commercial entity and many patches have been done, but more in depth
work needs to be completed at this time.
Chris Miller, Natural Resources Director:
Chris Miller said Stony Brook Mill site retaining wall is the project he is currently working on. The wall
has begun to sag and buldge which could potentially fail. We have a $42K grant with no local match
requirement. They are looking to replace the wall with a concrete backing faced with stone, using as
much original stone as possible and the goal is to have no cement showing. We want it to look the same
as when we started. We have a federal grant of $290,000 but need a non-federal match of $100,000.
Time frame for construction is hopefully around this time next year or before the Spring Herring Run.
Mike Gradone, Brewster Recreation Director:
Mike Gradone said he wanted to preview what the department is looking toward in the next couple
years.
1.In the midst of an ADA project at Freeman’s Way. We have applied to the State for
additional funds to actually break ground to complete the project. If they do not receive
those funds, that is where they may have to come to CPC for funding.
2.Additional improvements to the Babe Ruth Field at the Freeman’s Way complex. In
FY22 wants to get the irrigation replaced. At this point, $30,000 of improvements to the
irrigation system need to be done and it needs to be replaced further down the line.
3.A couple playground projects have come up – Drummer Boy Park, playground is
currently on wetlands and is fairly old; eventually need to relocate or build an additional
playground in a better location. The other playground would be Freeman’s Way Field
complex, on the upper right hand side, in the middle of the fields is a concession stand
that doesn’t get used at this point. With the amount of people we have that come there,
the kids have nothing to do. The players’ brothers and sisters are running around in the
parking lot which is dangerous and a playground there would be ideal. They are looking
at this all farther down the line, but wanted to make the committee aware moving
forward.
Hal Minis, President of the Brewster Conservation Trust:
Hal Minis thanked everyone and wanted to speak to Open Space needs. With no specific request for
funding at this time, he mostly wanted to speak to conservation in the Town and its importance. There
were 8 main issues that came out of the Vision Plan. The number one action was to identify and protect
priority parcels and sensitive natural resource areas particularly in drinking water supply areas.
Protection of our drinking water supply has been extremely important to the Community. Also, the role
of Open Space and Climate Change has been identified as one of the most important challenges facing
the Town. Protecting marsh habitat as sea level and temperature rises. And, finally, forested areas on the
Cape plays a very important role in mitigating the impact of climate change on the Cape. These all
underscore the importance of Open Space in the Community – buying land and continuing to prioritize
land conservation projects are extremely important to our Cape Cod Community.
Community Preservation Committee Public Hearing
Minutes of October 28, 2020 Page 4 of 6
Adam Gracia, Cape and Islands Veteran outreach Center:
Adam Gracia said they are in the process of building a 5 bedroom/ 5 bath affordable housing structure in
Dennis. The project began in March, a community collaborative project with the Town of Dennis, the
Cape and Islands Veteran Outreach Center, as well as Homebuilders and Remodelers Association and
Construction Industry leaders like Cape Associates and Mid-Cape Home Centers. Currently, the exterior
work is almost complete and interior work is ongoing. Hopefully they will start painting next week. Last
week, we had Tim Whelan and Will Crocker at the location and they expressed support of the project
and spoke toward the transitional supportive housing programs that we implement at our organization.
Additionally, Senator Cyr and other representatives voiced support for this project. This is going to be
the model of success with regard to CPC funding, community collaboration, and state and federal
programmatic funding in which they can implement affordable housing strategy for Veterans on Cape
Cod, reaching out to an underserved population. They are looking at just under $1M project to
completion. They are looking to strategically expand across the Cape whether it be in one year or thirty,
if they reach about 65 units of housing for Veterans in need, they will reach a function of zero – a point
where no Veteran will go homeless, if they are able to accept help.
Faythe mentioned that Adam had submitted an application for July 1st, but we did not have a funding
round as there was no Fall Town Meeting due to the pandemic, and asked if he would be re-submitting
for December 1st. Adam replied absolutely.
Paul asked when construction was expected to be completed and to whom have they reached out for
supplemental support to finalize funding. Adam responded that construction should be completed by the
end of 2020/beginning 2021; and the other communities they have reached out to are: Harwich,
Yarmouth there is a presentation in a few weeks; Provincetown; Wellfleet; and Dennis again for an
additional ask. Currently, they have $200k ongoing application requests through those 5 towns.
Sharon asked about capacity – how many veterans will be served by this facility in Dennis. Adam
answered that it is a transitional supportive housing facility where anywhere up to 5 veterans at a time
can live there, address their concerns, and then have them transition to their own residences and life.
Donna Kalinick, Assistant Town Administrator
Jill Scalise, Housing Coordinator:
Donna Kalinick said she wanted to speak about two Housing needs and an additional mention:
1.Administration will be putting in an application for continued funding for the
Housing Coordinator position; 25 hours per week; same request this year. The
application will be for a little over $50,000. The Housing Coordinator position has
been foundational to the progress we have made on our housing production plan
goals. The Coordinator works with residents, multiple town committees, other
housing agencies, town departments, and is instrumental to the support,
acquisition, creation and preservation of community housing in Brewster.
2.The Housing Trust continues work on the Mill Stone community housing. Once
we have completed the request for proposal process and a developer is chosen,
they expect the request for local funding to be in the range of $1M-$1.5M. After
an extensive community engagement process, they have chosen a concept plan of
up to 50 rental units in multiple buildings.
3.She also wanted to mention that Habitat for Humanity is putting in a Dec. 1st
application for two homes being built in Brewster, one of which will be veteran’s
preference, for approximately $100,000.
Community Preservation Committee Public Hearing
Minutes of October 28, 2020 Page 5 of 6
Jill Scalise wanted to speak to two active housing programs:
1.Rental assistance program started in September providing ongoing monthly assistance as
well as emergency pandemic rental assistance. The Housing Trust will be applying in
December for $150,000-$200,000 so the program can continue for another two years.
2.The Preservation for Affordable Housing Grant, received by the Housing Trust who is
working with counsel to gain site control of one of our subsidized inventory homes pursuing
two paths forward, working on the process for subsidized housing inventory to be maintained
and provide housing for Brewster.
Faythe Ellis asked if any member of the public had sent in questions or comments. None were
submitted.
Paul Ruchinskas:
Paul Ruchinskas was representing a non-profit organization that owns and manages Wells Court, which
is on Brewster Road and holds 24 affordable apartments for those 62 and over. The residents pay 30% of
their income toward rent and the remainder is paid by a HUD subsidy. This was an initiative of the
Brewster Housing Authority, working with HAC who secured funding from the Federal Program for
seniors. Construction was completed in 2004. It has been a really successful and viable development
with over 30 people on a waiting list. HUD is the primary funder, and we need to get our annual budget
approved yearly which is a bare bones, no frills budget. We have been having issues with the roof and
continued need for patching, so, we had a capital needs assessment done. Basically, we were told the
amount we have in reserves is not enough to cover the ongoing capital/ building needs. The roof needs
replacement in the next 2-3 years. About a $75,000 gap needs to be filled, and they are looking into a
variety of funding sources. They are putting this on the radar for the next year or two.
Peter Lombardi, Town Administrator:
Peter Lombardi thanked the Committee and all those there for coming to really understand the needs of
the community, especially this year. He wanted to follow up on one thing with the Library, discussing
the 5 year plan adopted last February by the Select Board. When we are queued up for that State Grant
funding, we are going to have a tight window to turn around local approval for the Town’s share of that
project. In the 5 year plan, we included funding in FY22, about $235,000 for the final design to get that
project out to bid. This would ensure we would have a good sense of the community and its support for
moving ahead with the project. We are trying to bring as many funding sources together to make this
happen within that five year plan.
Following up from Mike Gradone and Drummer Boy Park, we secured $33,000 in State Grant Funding
this past spring to undertake an update to the Master Plan for Drummer Boy Park. The last time that was
done was 25 years ago just after the Town acquired it. We have generally implemented the
recommendations from that plan with a few minor exceptions. There are a lot of competing interests and
have therefore, used those funds to hire a consultant to put together an advisory committee to be
engaged in that process. We don’t know what the findings will be, but anticipate potential relocating and
upgrading the playground. The Town had submitted a grant application to the State, Coastal Zone
Management several months ago for a project to design, permit, and construct an elevated boardwalk
across the marsh from the northeast corner of the park over to Wing Island. The State came back saying
they don’t think this is a good fit for them, but Peter said they are looking at other funding sources and
may need to come back to the CPC at some point.
Faythe asked if Peter Lombardi had any updates to what is happening with the Dog Park Committee.
Peter answered they are looking to schedule a meeting in the next few weeks, and the Select Board
Community Preservation Committee Public Hearing
Minutes of October 28, 2020 Page 6 of 6
wants to revisit where things were left off and potentially look at scaling back the scope of the project.
Doesn’t expect they will be applying for the Dec 1st funding application deadline, but maybe next July.
Paul asked about timing for the Drummer Boy master plan. Peter said next June with recommendations
to the Board next July including resident engagement included in that timeline.
3.Next Regular CPC meeting: Thursday, November 5, 2020 4PM
MOTION made by Diane Pansire to adjourn the meeting at 5:52pm. Paul Ruchinskas second.
Roll Call Vote: Bruce Evans – yes, Barbara Burgo – yes, Elizabeth Taylor – yes, Diane Pansire –
yes, Roland Bassett – yes, Paul Ruchinskas – yes, Sharon Marotti – yes, Peggy Jablonski - yes,
Chair Ellis - yes
VOTE 9-yes 0-no
Respectfully submitted, Beth Devine, Recording Secretary
Packet of additional documents available on website for public reference.
Community Preservation Committee
Minutes of November 5, 2020 Page 1 of 3
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701
FAX (508) 896-8089
COMMUNITY PRESERVATION COMMITTEE
Virtual Meeting
Thursday, November 5, 2020 at 4:00 p.m.
MEETING MINUTES OF NOVEMBER 5, 2020
Present: Community Preservation Committee (CPC) - Chair Faythe Ellis, Vice-Chair Sharon Marotti,
Clerk Elizabeth Taylor, Roland Bassett, Peggy Jablonski, Bruce Evans, Paul Ruchinskas
Absent: Barbara Burgo, Diane Pansire
Also Present: Cynthia Bingham, Select Board; David Kaplan, FORWARD
Chair Faythe Ellis called the meeting to order at 4:00 pm
This meeting will be conducted by remote participation pursuant to Governor Baker’s March 2020 orders suspending certain Open Meeting Law provisions and
imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the
proceedings will be provided on the Town website as soon as possible. The Town has established specific email addresses for each board and committee so the public
can submit comments either before or during the meeting. To submit public comment or questions to the Community Preservation Committee, please email:
cpcmeeting@brewster-ma.gov. To view the:
Live broadcast: Tune to Brewster Government TV Channel 18
Livestream: Go to www.livestream.brewster-ma.gov
Audio/video recording: Go to www.tv.brewster-ma.gov
1.Review and discussion of updated project list
Elizabeth provided an updated list for the Public Hearing last week and Faythe wanted the Committee to
provide any updates or modifications at this time. Faythe did mention that she was able to get the chart
to fit on the page and will send to Elizabeth reformatted. Sharon mentioned she printed it on legal size
paper, and it worked as well.
Faythe asked Elizabeth to please update the date at the top of every page to October 31st. Also, anyone
who has an open project please check to make sure everyone is slotted correctly. It was discussed that
the Liaison for Housing Coordinator had been moved to Diane Pansire and that needed to be updated.
Paul said on Open projects, the CPC Funding Line needs to update the amount paid under Brewster
Woods. The amount paid needs to be updated for FORWARD as well.
Faythe also suggested that we may want to get consistent when we have an Award and set aside other
funds that aren’t part of the Award, such as the $2500 for legal costs for the AHT. We may need to split
them up. Faythe will do the research on those and get back to Elizabeth.
Paul asked about the interest payment for the Long Pond Woodlands Conservation Area. Elizabeth said
that is the information she received, but will check to make sure it is reflected correctly. Faythe would
like this on the website once it is finalized.
Approved:
VOTE:
Community Preservation Committee
Minutes of November 5, 2020 Page 2 of 3
2.Status on grant agreements for FY21 projects
Faythe said for the CHI award letter and grant agreement, it has been returned from legal and we are
awaiting signatures.
Pleasant Bay is outstanding. Peggy hasn’t completed the draft yet, but will get to it over the next week.
Faythe would be happy to help if needed.
3.Review and approve draft of revisions for Cape Rep. award letter/grant agreement
The format Faythe is using is a letter which she will be sending to Legal. We are going to amend the
project description, clarify the Phase 2A and Phase 2B proposal from Cape Rep, and detail what
conditions of the award letter we amended last week. The first was Item 6 to talk about the final 2A
project sources and binding commitments for the additional $539,072. Item 8 will be amended to clarify
that we will withhold $40,000 of the award until all the work in Phases 2A & 2B are completed. Item 11
is the 2 year extension that we agreed to. And Item 13 is a requirement of approval from the State
Building Inspector to add additional language with regard to Public Access.
Motion to approve this draft for submission to Legal.
MOVED by Roland Bassett. Seconded by Elizabeth Taylor.
Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Elizabeth Taylor – yes, Roland Bassett –
yes, Paul Ruchinskas– yes, Peggy Jablonski - yes, Chair Ellis - yes
VOTE 7-yes 0-no
4.Discussion and possible vote on FORWARD at the Rock Award modification
Paul recused himself from this discussion because he is on the HAC Board which acted as a
Development Consultant on this project.
Faythe said the award letter required an Affordable Housing Restriction (AHR) between us and
FORWARD. The pandemic complicated things timewise and there were some other issues. David
Kaplan asked to regroup and talk about this now that the project is completed. Donna Kalinick put
together a meeting yesterday for Faythe, FORWARD, and Town Counsel, where we talked about
options and how we will move forward resolving the AHR issue. She asked David Kaplan to please take
the floor.
David Kaplan said the house is completely finished, all residents there, and it is fully staffed. Everyone
is really happy there. The pandemic hindered their ability to get signatures from people. We have an
existing Housing Restriction with the State at 30% in perpetuity. We are good with that and want to
make sure Brewster is good with that as well. Faythe included an email update in the packet for
information for folks even though some were unable to open it.
Community Preservation Committee
Minutes of November 5, 2020 Page 3 of 3
5.Project updates
a. Whitecaps
b. BHS Outbuilding
c. Other
Faythe gave an update on the BHS Outbuilding: they have sent in the completed paperwork. Faythe is
scheduling a tour shortly. Our historical consultant will be getting photos forwarded to him. She also
received an update this afternoon about the outstanding Preservation Restriction. Paperwork is coming
in and moving forward.
Elizabeth gave an update on McGuerty Road: has been approved for the State Grant of $195,663, and
they moved up the closing date to sometime in December, which means we will be receiving the grant
money early next year.
Sharon gave an update on Brewster Woods: the company is CC Construction of Dennis and Plymouth
completing Phase 1 of this project. Work to commence in mid-November. They are currently reaching
out to abutters, and it is moving along.
6.Approval of minutes from 10/22/20 regular meeting
Paul said on the 2nd page, 4th paragraph down, Paul also asked for a copy of the “public access plan”
Motion to approve the Minutes of October 22, 2020 with that edit.
MOVED by Roland Bassett. Seconded by Sharon Marotti.
Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Elizabeth Taylor – yes, Roland Bassett –
yes, Paul Ruchinskas– yes, Peggy Jablonski - yes, Chair Ellis - yes
VOTE 7-yes 0-no
7.Approval of minutes from 10/28/20 Public Hearing - defer
8.Items the Chair could not anticipate
Faythe asked if there were any emails or comments from the Public at this time. None were submitted.
9.Next meeting: 11/25/20 at 4PM
MOTION made by Sharon Marotti to adjourn the meeting at 4:28pm.
Elizabeth Taylor second.
Roll Call Vote: Bruce Evans – yes, Elizabeth Taylor – yes, Paul Ruchinskas – yes, Roland Bassett
– yes, Peggy Jablonski – yes, Sharon Marotti – yes, Chair Ellis - yes
VOTE 7-yes 0-no
Respectfully submitted, Beth Devine, Recording Secretary
Packet of additional documents available on website for public review.