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HomeMy Public PortalAboutCPC Supplemental Public Packet Jan. 14, 2021Town of Brewster Community Preservation Committee 2198 Main St., Brewster, MA 02631 cpcmeeting@brewster-ma.gov (508) 896-3701 MEETING AGENDA January 14, 2021 at 4:00 PM (Remote Participation Only) This meeting will be conducted by remote participation pursuant to Gov. 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 meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brerwster-ma.gov), or Video recording (tv.brewster-ma.gov). Meetings may be joined by: 1.Phone: Call (929) 436-2866 or (301) 715-8592.Webinar ID: 889 7884 6327 Passcode: 384875 To request to speak: Press *9 and wait to be recognized. 2.Zoom Webinar: https://us02web.zoom.us/j/88978846327?pwd=bVJMSDJZMWpyRGZleUwyUmpLV2FLQT09 Passcode: 384875 To request to speak: Tap Zoom “Raise Hand” button or type “Chat” comment with your name and address, then wait to be recognized. 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. Financial Report 3. Discussion and possible vote on financial assumptions for FY2022 4. Discussion and possible vote on completeness, timeliness and CPA eligibility of Dog Park application and referral to Recreation Commission for review and recommendation. 5. Discussion and possible vote to use grant funds of $295,690 to pay off Besse Cartway short term loan in May 2021. 6. Discussion and possible vote regarding Pleasant Bay Community Boating Grant Agreement deed restriction clause. 7. Local Preference Workshop on 3/25/21 8. Meeting Schedule – January/February 9. Approval of minutes from 12/23/20 10. Project Updates a. Open Space and Rec Plan b. Cobb House Outbuilding c. Other 11. Announcements 12. Items the Chair could not anticipate 13. Next meeting: 1/29/21 at 1pm 14. Motion to adjourn Date Posted: Date Revised: 1/13/21 Community Preservation Committee: FY22 Forecast as of 1/2/2021 1,716,072.80$ 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) (300,000.00) (50,000.00) (125,000.00) (51,096.00) (150,000.00) (100,000.00) Total YTD Obligations - FY22 $ (203,683.00) $ (101,096.00) $ (125,000.00) $ (612,355.88) $ 923,008.32 $ 136,691.16 $ 475,174.64 $ 386,181.31 Total net available from all accounts 1,921,055.43$ YE ADJUSTMENT- BREWSTER BAPTIST STEEPLE RETURN OF ALLOCATED FUNDS Windrift 377,663.00 50,000.00 McGuerty 193,063.00 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 FY-22 obligations as of 01/02/2021 BBJ Property Bond #1 BBJ Property Bond #2 Bates Property Bond [1] Balance forwarded estimated from prior year includes all unallocated funds, including unspent amounts from projects and budgeted administrative and professional expenses. Administration Expense [3] Outstanding Requests for Funding for Spring TM Brewster Dog Park Dennis Veterans Home Mill Pond Wall Housing Coordinator Rental Assistance Habitat - Red Top Road FY22 Estimated Unreserved Fund Balance as of 01/02/2021 with Adjustments REMAINING OPEN SPACE GRANT FUNDS (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 899,210 in April 2020 and 400,000 in April 2021. Rem. Balance is 295,690 @ .75% interest rateBONDS Dog Park Comments submitted to cpcmeeting@brewster-ma.gov -----Original Message----- From: Barbara Bradley [mailto:capebradley@aol.com] Sent: Saturday, December 19, 2020 4:47 PM To: cpcmeeting <cpcmeeting@brewster-ma.gov> Subject: Brewster Dog Park To the Community Preservation Committee: Please support the building of a dog park in Brewster. Many Cape Cod towns now have dog parks and yet here we sit, still waiting for Brewster to support the idea. The Dog Park committee has worked tirelessly to build a dog park. There are many Brewster citizens with dogs. Older citizens in particular need a place to exercise their dogs safely. Please, no more delay. Do the right thing. Build Brewster a Dog Park! Barbara Bradley Sharon Blair 101 Old Valley Road Brewster, MA -----Original Message----- From: majdebj@aol.com [mailto:majdebj@aol.com] Sent: Sunday, December 20, 2020 6:41 AM To: cpcmeeting <cpcmeeting@brewster-ma.gov> Subject: Dog park Brewster needs a dog park. It will be good for animals and owners and helpful to Renters with pets Deborah and Martin jacobs Residents of Brewster From: Briana Kane [mailto:bcbkane@yahoo.com] Sent: Tuesday, December 22, 2020 10:32 AM To: cpcmeeting <cpcmeeting@brewster-ma.gov>; Michael Gradone <mgradone@brewster-ma.gov> Subject: Brewster Dog Park Letter of Support Dear Town of Brewster Recreation Department and Community Preservation Committee, I am writing to express my support of the proposed Brewster Dog Park. Years ago I would bring my dog to Drummer Boy Park. This was not only a good socialization experience for my dog, it was also a great experience to socialize with other people in our town and even some who traveled from other towns to enjoy time in Brewster and even support local retail when they did drive to the park. I met so many lovely people, especially many seniors who loved talking about their dog, spending time outside, and seeing people. While the Drummer Boy ended up being closed to dogs in the way the park was used prior to 2013, it was unfortunate to drive by it so many times and see it not being used. Additionally dogs are not allowed on public beaches from May 1st to October 1st, further limiting locations for people to bring their dogs. While I am fortunate and have a fenced in yard, many do not and a dog park would allow them a place to truly let their dog be off leash and socialize with other dogs. Best, Briana C. Kane 436 Millstone Road Brewster, MA 02631 From: Tova Soyt Sent: Wednesday, December 23, 2020 8:53 AM To: cpcmeeting@brewster-ma.gov Subject: Brewster Dog Park Dear Ms. Ellis, I am writing in support of the proposed Brewster Dog Park, and their application for a community preservation grant to assist in construction of the park. With approximately 25% of Brewster families having a dog at home, and limited opportunities for dogs to exercise, play, and socialize off-leash, the Dog Park would enhance the quality of life for many residents and their canine companions in town. The Dog Park Committee has worked hard over the last few years to secure funds for building the park; they have also obtained donated services for waste removal, thus no new taxes for construction or maintenance would be required. I strongly urge the Community Preservation Commission to provide the funds requested to build the dog park. Thank you, Tova Soyt 91 Carlton Circle From: Martha Kim [mailto:mkim7152@yahoo.com] Sent: Tuesday, January 5, 2021 2:01 PM To: cpcmeeting <cpcmeeting@brewster-ma.gov> Subject: Brewster Dog Park Please consider the many advantages of having a dog park in Brewster. Martha Kim From: Andrew Cranin Sent: Tuesday, January 5, 2021 4:04 PM To: cpcmeeting@brewster-ma.gov Cc: Bonnie Cranin Subject: In support of the Brewster Dog Park project Dear CPC Members: I am writing to express my support for the construction of the Brewster Dog Park that has been under consideration for over a decade. I believe there would be tremendous social and recreational value in designating a venue expressly for the congregation of dogs and their owners, and I would be delighted if Brewster residents had a locale dedicated to such use within their own town. With much of the expense of this project being covered by third parties, it seems there would be little cost to the town for a service that will benefit a full 25% of residents. Please consider this and similar endorsements when discussing the potential impact of the BDP proposal. Thank you, and best regards, Andrew and Bonnie Cranin 95 Cliff Pond Road Brewster, ma 02631 978-204-0004 (mobile) From: Ann Lambertus Sent: Friday, January 8, 2021 12:04 PM To: cpcmeeting@brewster-ma.gov; mgradone@brewster-ma.gov Cc: friendsofbrewsterdogpark@gmail.com Subject: Brewster Dog Park To: the Brewster Recreation Commission and Community Preservation Committee I am writing in support of the Brewster Dog Park. We have been part-time Brewster residents for the past 25 years. We currently own 3 dogs and I am the Founder/Director of a foster-based breed rescue based in Massachusetts, Northeast Coonhound Rescue. We spend a lot of time with people and their dogs. A dog park in Brewster will be a valuable asset to the community because it offers: - A place to network, to share information about training, dog health and behavior issues, contributing to a community of better educated and informed dog owners. - An alternate and safe spot for Brewster dogs to have an outing, taking pressure off of Brewster beaches, trails and other public areas. - A place for dog owners to gather and socialize. Some of my best friends over the years have been people I've met through dog connections. - A place for dogs to exercise. 'A tired dog is a good dog'. Better exercised dogs are happier, less anxious, less likely to nuisance bark and be destructive. - A place for dogs to socialize. Dogs are social animals, but they need a place to practice their social skills. An off-leash fenced area is best because when leashed, dogs meeting other dogs can be defensive and not at their best. The Brewster Dog Park plan will offer a beautiful and functional space. It's well-thought out and plans for funding are in place. There are many Brewster residents who are ready to step up with funding for dog park development and maintenance and I am one of them. We look forward to the construction of the Brewster Dog Park ! Ann Lambertus 577 Crowells Bog Rd Brewster MA 02631 From:theoscorpiopr@comcast.net [mailto:theoscorpiopr@comcast.net] Sent: Friday, January 8, 2021 5:53 PM To: cpcmeeting <cpcmeeting@brewster-ma.gov> Subject: Support for the Brewster Dog Park WOOF! WOOF! PLEASE SUPPORT THE BREWSTER DOG PARK TEAM, I WANT OUR DOG'S TO FINALLY GET THEIR LONG AWAITED DOG PARK,THEY Will BE FOREVER GREATFUL!!! Thank you, Olga Sherry _____________________________________________________________________________________ From: leo s [mailto:leosaltwind@gmail.com] Sent: Tuesday, January 12, 2021 12:18 PM To: Peter Lombardi <plombardi@brewster-ma.gov>; Cynthia Bingham <cbingham@brewster-ma.gov>; David Whitney <dwhitney@brewster-ma.gov>; Benjamin deRuyter <bderuyter@brewster-ma.gov>; Mary Chaffee <mchaffee@brewster-ma.gov>; Ned Chatelain <nchatelain@brewster-ma.gov> Cc: Elizabeth Taylor <etaylor@brewster-ma.gov> Subject: Funds for dog park To all concerned - I am writing in opposition to any Community Preservation Funds being allocated for the proposed dog park for the following reasons: 1) By the 50-10-10-30 % mandate the Committee is entrusted with, the first three are mandatory (must be spent for open space, community housing, and historic preservation, the last (may be spent for same, which may include recreation areas). 2) Open space, affordable housing, historic preservation are human priorities that overwhelmingly trump (forgive the expression, please) any other considerations. 3) The amount of public money requested is mind-boggling ($250,000 is it?). Total cost of project even more, $500,000 ! 4) This request from dog owners is long-standing, I know, and the initial request for town-owned land was reasonable. But I fail to understand why the rest of the costs should not be shouldered by dog owners. This is and should remain a private undertaking. 5) Town Meeting should not have to once again debate this. It seems to me that the citizens of Brewster have spoken clearly on this matter already. 6) This is not a complaint from a "dog-hater". Thank you for listening. I would ask Ms. Taylor to forward this communication to the other 8 members of the CPC.jiu Incidentally, I would highly recommend a discussion on "What's Best For Our Pets?" which aired on WCAI's "The Pulse" on Jan. 8th. It can be heard on CAI's website. Leo Thibault 45 Foster Road From: Shirin Everett Sent: Wednesday, January 13, 2021 12:10 PM To: 'Faythe Ellis' Cc: Beth Devine; Peter Lombardi; Jonathan Silverstein Subject: BREW: Pleasant Bay Dock Grant Agreement for review Hello Faythe, Whether the Town wants to obtain a restriction in exchange for CPA funds to PBCB is a policy decision for the CPC and the Town. In my earlier email on this project, I noted that PBCB stated in its application that the camp would be open to the public, and asked if the Town wanted to obtain a restriction from or enter into an agreement with PBCB, ensuring continued public access. I understand that the amount of CPA funds being granted by the Town ($25,000) may not make a permanent restriction feasible, but the Town could, should it want to, inquire from PBCB whether a restriction for a shorter term is possible or if there are other assurances of public access. If the CPC determines that a restriction or other assurance is not possible, please let me know and I will remove the reference from the Grant Agreement. Please let me know if you have any further questions. Shirin Everett, Esq. KP |LAW 101 Arch Street, 12th Floor Boston, MA 02110 O: (617) 654 1731 F: (617) 654 1735 severett@k-plaw.com www.k-plaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and attachments thereto, if any, and destroy any hard copies you may have created and notify me immediately. From: Faythe Ellis <Faythe.Ellis@outlook.com> Sent: Wednesday, January 13, 2021 11:20 AM To: Shirin Everett <SEverett@k-plaw.com> Cc: Beth Devine <bdevine@brewster-ma.gov>; Peter Lombardi <plombardi@brewster-ma.gov>; Jonathan Silverstein <JSilverstein@k-plaw.com> Subject: FW: BREW: Pleasant Bay Dock Grant Agreement for review Good morning Shirin – I have had a question from PBCB regarding item 10 Deed restriction asking for this item to be deleted from the grant. Can you provide some guidance regarding this request? Thank you! Faythe Hi Beth & Faythe I have reviewed the documents for signing and it all seems in order except for item 10 having to do with deed restrictions. The sample document you provided previously noted that this would be deleted if it was not applicable. Since this is not a land acquisition project it seems like it would not be applicable and should have been deleted. Assuming that is correct, can you send an updated document? If there is an easier way to exclude it that’s fine too. Thanks, Ted Ted Baylis President Pleasant Bay Community Boating www.pbcb.cc Original Legal Opinion – PBCB application Pleasant Bay Community Boating Hello Faythe, You have requested an opinion as to whether the project for which funds are being sought by Pleasant Bay Community Boating (PBCB) is eligible for funding under the Community Preservation Act (“CPA”). PBCB is a non-profit organization provides sailing, boating, and other recreational and educational opportunities, often for free, to children and others in the community. It requests CPA funds seeks to replace the existing seasonal dock located on the former McClennen Estate with a dock that is permanent and handicap accessible, to serve a wider community. The project involves the construction of a permanent handicapped accessible drop-off area, pathway, permanent pier, gangway, viewing area and related improvements (called the “Accessible Dock Project” or “Project”). The total Project is estimated to cost $250,000; PBCB seeks $25,000 from Brewster. According to the application submitted by PBCB, if PBCB obtains CPA funds from Brewster in the spring of 2020, it anticipates commencing the Project in March, 2020 and completing the same in June, 2020. It appears from PBCB’s most recent message, however, that there is some uncertainty as to when bids and due and when the work will be completed; it is possible that some work will occur after July 1, 2020. If the Project is completed before July 1, 2020, you have asked if Town may appropriate funds from Fiscal Year (FY) 2021 estimated annual CPA revenues, as such funds will be available only on and after July 1, 2020. If FY21 CPA funds cannot be used, you asked if the Community Preservation Committee may appropriate funds for the Project this fiscal year. For reasons discussed below, it is my opinion that the CPC could reasonably determine that Project constitutes the rehabilitation of recreational land, and also the creation of open space and recreational opportunities for persons with disabilities who could not previously access Pleasant Bay using PBCB’s existing dock. It is my recommendation that, should the CPC use FY21 estimated revenues for the Project, the CPC fund that portion of the Project cost that is performed after July 1, 2020; alternatively, the CPC may use existing CPA funds, if available, to fund Project costs incurred prior to July 1, 2020. As you are aware, CPA funds may be used only for those purposes that are specified in the statute. Specifically, CPA funds may be used to acquire, create, and preserve open space and land for recreational use, and also to rehabilitate recreational land. In my opinion, Pleasant Bay is an important open space asset that also provides recreational uses, allowing the community to enjoy the land and the water. The CPA does not define the word “create”, but that word has been interpreted by the courts to mean “bringing into existence” something that did not previously exist. “Rehabilitation” is defined as the making of extraordinary or capital repairs and/or improvements that help make recreational land functional for its intended use, including improvements to comply with the American with Disabilities Act. In my opinion, the CPC may reasonably find that the Project is eligible for CPA funding as the replacement of PBCB’s seasonal dock with a permanent dock that is accessible to persons with disabilities constitutes the rehabilitation of land for recreational use and activities, as well as the creation of open space and recreational opportunities available to a wider community. I recommend that the Town enter into a grant agreement with PBCB to set forth the specific purposes for which the CPA funds will be used. Although it appears that PBCB intends to make the McClennen Estates and its recreational opportunities and open space available to the public, the Town could consider entering into an agreement with PBCB to guarantee open access, thereby ensuring that the funds serve a public purpose. If CPA funds are available for this FY20, either in the budgeted reserve or in open space and/or recreational reserves or accounts, the CPC may certainly recommend that Town Meeting appropriate funds from such sources, which would allow the Town to expend the funds from this fiscal year onwards. If the Town will fund Project costs incurred after July 1, 2020, the Town may certainly appropriate monies from FY21 estimated revenues. While the CPA does not expressly prohibit estimated CPA revenues to be used for past projects (that is, for expenses incurred by PBCB before July 1, 2020), in my opinion, I recommend that the CPC consider using current FY20 funds for past expenses, if available. Please let me know if you have any further questions regarding this matter. I will send you a separate email on the other project in a few hours. Shirin Shirin Everett, Esq. KP |LAW 101 Arch Street, 12th Floor Boston, MA 02110 O: (617) 654 1731 F: (617) 654 1735 severett@k-plaw.com www.k-plaw.com Grant Agreement Paragraph 10. Deed Restrictions. Pursuant to Massachusetts General Laws Chapter 44B, § 12 every project that involves the acquisition of any interest in real property with CPA funds shall be bound by a permanent deed restriction that meets the requirements of M.G.L. c. 184, limiting the use of the interest to the purpose for which it was acquired. Where applicable and as required by the Award Letter, Recipient agrees to the imposition of such deed restriction in a form acceptable to the CPC.