HomeMy Public PortalAboutCPC Packet 021021Town of Brewster Community Preservation Committee
2198 Main St., Brewster, MA 02631
cpcmeeting@brewster-ma.gov
(508) 896-3701
MEETING AGENDA
February 10, 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.
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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.Finance Report
3.Discussion and possible vote on recommendation to the CPC for funding
amount, conditions, liaison and CPC funding source for the following
application:
-Housing Coordinator - $51,096
4.Discussion and possible vote to structure $25,000 PBCB Dock award as forgivable
loan with mortgage.
5.Annual committee report for town report
6.Discussion of first draft of warrant article
7.Review draft award letters
8.Committee meeting schedule through March:
a.2/24, 3/10, 3/24 at 4pm
b.3/25 Joint Local Preference Fair Housing Forum 6 PM
9.Approval of Minutes from 1/29/21
10.Project updates
11.Announcements
12.Items the Chair could not anticipate
13.Motion to Adjourn
Date Posted: Date Revised:
Community Preservation Committee: FY22 Forecast as of 1/31/2021
1,716,072.80$
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)
(52,500.00)
(125,000.00)
(51,096.00)
(150,000.00)
(105,000.00)
Total YTD Obligations - FY22 $ (203,683.00) $ (103,596.00) $ (125,000.00) $ (617,355.88)
$ 923,008.32 $ 134,191.16 $ 475,174.64 $ 381,181.31
Total net available from all accounts 1,913,555.43$ YE ADJUSTMENT-
BREWSTER BAPTIST
STEEPLE RETURN OF
ALLOCATED FUNDS
Windrift (5)81,973.00 50,000.00
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 01/31/2021
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/CPC
Recommends
Brewster Dog Park
Dennis Veterans Home
Mill Pond Wall
Housing Coordinator
Rental Assistance
Habitat - Red Top Road
FY22 Estimated Unreserved Fund Balance as of 01/31/2021
with Adjustments
REMAINING OPEN SPACE GRANT FUNDS (4)
(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 rate
{5} 1/14/21 CPC voted to use Windrift grant funds of $295,690 to pay off Besse Cartway note.BONDS
To: CPC Committee Members
From: Faythe Ellis
Re: CPC Application Information:
2/7/21
The application documentation for the Housing Coordinator position is available at the link below.
Applications submitted December 1, 2020 are in the 12/9/2020 Application Packet.
From: Shirin Everett
Sent: Thursday, February 4, 2021 5:30 PM
To: 'Faythe Ellis'
Cc: Peter Lombardi; Jonathan Silverstein
Subject: RE: More questions - Pleasant Bay Dock Grant Agreement
Hello Faythe,
Given the realities of the situation – that is, it is difficult for the Town to negotiate a long-term restriction in
exchange for a grant of $25,000 – it is not unreasonable for the Town to protect the public’s interest by
converting the grant to a loan, to be repaid if public access is denied over a 20-25 year period. The
mortgage will ensure that public funds will be returned to the Town if public access is ever denied, and by
forgiving a certain sum each year that public access is maintained, the Town will get the benefit of its
bargain on a year to year basis.
Please let me know if you would like me to prepare a mortgage and promissory note.
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
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: Thursday, February 4, 2021 2:31 PM
To: Shirin Everett <SEverett@k-plaw.com>
Cc: Peter Lombardi <plombardi@brewster-ma.gov>; Jonathan Silverstein <JSilverstein@k-plaw.com>
Subject: More questions - Pleasant Bay Dock Grant Agreement
Hi Shirin – we are still in a muddle about this one regarding public access. PBCB would like to explore
options other than a deed restriction to assure public access. One of the reservations they cited to the
deed restriction is that they have a lender who might raise objections.
The committee and the applicant discussed installing parking lot signage to indicate public access, but
post-meeting PB indicated that is problematic for them. And from our perspective, tough to enforce
after the money is awarded.
The committee is firm on wanting some type of public access assurance for a reasonable amount of
time. So, Paul Ruchinskas suggested asking you for advice/comments about making the award a zero
interest forgivable loan with a 20 – 25 year mortgage. If you think that is a logical option and can assist
us with implementation, I will propose it to the applicant.
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.
Rev. 02/01/21 Page 1 of 5
COMMUNITY PRESERVATION ACT FUNDING (Annual Town Meeting)
ARTICLE NO.X : To see if the Town will vote to act on the report of the Community Preservation
Committee on the Fiscal Year 2022 Community Preservation Budget and to appropriate or
reserve for later appropriation monies from the Community Preservation Fund annual revenues
or available funds for the administrative and operating expenses of the Community
Preservation Committee, the undertaking of Community Preservation Projects and all other
necessary and proper expenses for the year, with each item considered a separate
appropriation to be spent by the Community Preservation Committee, all as set forth below:
Estimated revenues FY22
a. Estimated FY22 tax surcharge $1,084,450
b. Estimated FY22 state contribution (15%) $ 162,668
c. FY22 Estimated Total: $1,247,118
FY22 Appropriations and Allocations
d. Historic Preservation Reserve appropriation (10%) $124,712
e. Community Housing Reserve appropriation (10%) $124,712
f. Open Space Reserve appropriation (50%) $623,559
g. Budgeted Reserve* (30%) $374,135
h. Total $1,247,118
* 5% of FY22 Estimated Total ($62,356) is appropriated for Administrative Expense
leaving a net total of $311,779 in Budgeted Reserve.
Purpose Item Funding Source(s) Amount
1 Historic Preservation
a.Brewster Natural
Resources
Department/Mill Sites
Committee – Retaining
Wall project
Stony Brook Mill
retaining wall
reconstruction and
restoration
Transfer $125,000
from historic fund
balance
$125,000
Sub-total $125,000
2 Community Housing
a.Town of Brewster Town
Administration-
Housing Coordinator
(Not Yet Voted –
51,096))
Payroll and operating
costs for Part Time
Housing Coordinator
position to assist public
with affordable
housing program
Transfer $xxxxxxxx
from housing fund
balance
$xx,xxx
b.Cape and Islands
Veterans Outreach
Center - Veterans
Home in Dennis
Supportive housing for
homeless veterans
Transfer $52,500
from budgeted
reserve
$52,500
Rev. 02/01/21 Page 2 of 5
Sub-total $XXXXXX
3 Open Space
a. Community
Preservation Bonded
Debt Service
Payment of debt
principal and interest
for the BBJ Property,
and Bates Property
bonds
Transfer $203,683
from Open Space
fund balance
$203,683
Sub-total $203,683
4 Budgeted Reserve
a.Habitat for Humanity
– Red Top Road
Community Housing
Creation of 2
affordable homes on
Red Top Road
Transfer $105,000
from budgeted
reserve
$105,000
b.Brewster Affordable
Housing Trust Fund -
Rental Assistance
Program
Funding for Rental
Assistance Program
Transfer $150,000
from budgeted
reserve
$150,000
c.Dog Park
Development
Committee – Dog
Park ($300,000 not
yet voted)
Creation of Brewster
Dog Park
Transfer $XXX,XXX
from budgeted
reserve
$xxxxx
d.Administration
Expense
Administration and
operating expenses for
Community
Preservation
Committee
Fiscal Year 2022 CPA
estimated annual
revenues
$62,356
Sub-total $xxx,xxx
Grand Total $xxxxxxxxxxxxx
For Fiscal Year 2022 Community Preservation purposes, each item is considered a separate
appropriation to be spent by the Community Preservation Committee; provided however, that
the above expenditures may be conditional on the grant or acceptance of appropriate historic
preservation restrictions for historic resources, open space restrictions for open space reserves,
and housing restrictions for community housing, running in favor of an entity authorized by the
Commonwealth to hold such restrictions for such expenditures, meeting the requirements of
G.L. c.184 and G.L. c.44B, Section 12, and to authorize the Board of Selectmen to convey or
accept such restrictions;
Rev. 02/01/21 Page 3 of 5
And further, any revenues received in excess of the estimated receipts are transferred to their
respective reserve fund balance(s) for future appropriation using the allocation formula of 50%
Open Space, 10% Housing, 10% Historical and 30% for Budgeted Reserve for CPA.
Or to take any other action relative thereto.
(Community Preservation Committee) (Majority Vote Required)
COMMENT
In May of 2005, Brewster voters approved a ballot question which allowed for the adoption of
the modified Community Preservation Act. The act appropriates a 3% surcharge on the town’s
real estate tax revenues, which are reserved in a special fund in order to finance projects and
programs for the purposes of preservation of open space, recreation, community housing, and
historic preservation. Brewster is also eligible to receive up to 100% in matching funds from the
State, although we anticipate a reduced reimbursement rate from the State for Fiscal Year
2022, which is projected at 15%. Brewster established, through a local bylaw, a distribution
schedule for the CPA funds according to the following: 50% of the funds for open space, 10%
for community housing, 10% for historic preservation, and 30% balance is available for housing,
historic preservation and/or active or passive recreation projects.
1. Historic Preservation:
a. Brewster Natural Resources Department and Mill Sites Committee – Stony Brook Mill
retaining wall restoration – The historic Stony Brook Gristmill 2.69 acre site is divided east and
west by Stony Brook, and north and south by Stony Brook Road. The Gristmill and mill ponds
are located on the south side, with historic foundations and paths on the north side. The Lower
Mill Pond dam was constructed to increase water levels in the pond for power for the gristmill,
as well as to provide passage for migratory fish into the headwater ponds. A water control
device is installed on the dam to control water into the “millers pond” which operates the mill.
The retaining wall, an historic landmark, supporting this pond is failing and is in danger of
collapse. And the stone masonry wall in the main pool near the street is also degraded. The
wall forms the western side of the fish run. In order to function safely, and to protect the
diadromous (migratory) fish run and water source for the gristmill, the wall needs to be
rehabilitated or replaced.
Total Project Cost: $457,700 CPC Request: $125,000
Estimated balance (reserve plus FY22 estimated revenues) if items approved: $475,174
2.Community Housing:
a. Town of Brewster- Housing Coordinator - This item will fund the part-time Housing
Coordinator position (25 hours per week) for Fiscal Year 2022. (Once voted, copy in summary
from application)
Total Project Cost: $85,874 CPC Request: $51,096
Rev. 02/01/21 Page 4 of 5
b. Cape and Islands Veterans Outreach Center - Veterans Home in Dennis
The Veterans Home in Dennis will provide supportive housing for five homeless veterans on Cape Cod
and is sponsored by the Cape and Islands Veterans Outreach Center (CIVOC). The final goal of the
project is to stabilize the circumstance of the veterans’ lives so that they are empowered to eventually
move forward into their own independent and sustainable living situations. In March 2020, construction
began on a 3500 sf, five-bedroom, five bath home at 1341 Route 134, Dennis. This home will be the
location of the Supportive Housing Program which CIVOC has been implementing since 1996. The
$50,000 Brewster CPC award will be used toward defraying construction expenses and thus reducing or
eliminating the need for a mortgage on the property. An additional $2,500 of CPA funds will be set aside
to cover the CPC’s legal expenses related to the project.
Total Project Cost: $1,018,975 CPC Request: $52,500
Estimated balance (reserve plus FY22 estimated revenues) if items approved: $134,191
3. Open Space:
a. Community Preservation Bonded Debt Service- This item pays for the $271,695 in FY 2022
principal and interest on 3 CPA (BBJ 1 and 2 and Bates) open space acquisitions that were
financed via long term bonding.
Estimated balance (reserve plus FY22 estimated revenues) if items approved: $923,008
4. Reserves for Community Preservation:
a. Habitat for Humanity – Red Top Road Community Housing - Habitat for Humanity proposes
to build 2 high quality three-bedroom affordable homes at 26 Red Top Road on land donated by
a private Brewster resident. Habitat for Humanity Cape Cod provides homeownership
opportunities for families at income levels not served by other affordability programs. Habitat’s
home pricing model, along with financing assistance for qualified buyers, allows a household
earning 40% of area median income, as adjusted for family size, to afford a home. The homes
will be affordable in perpetuity, and will count on Brewster’s DHCD Subsidized Housing
Inventory. Habitat intends to ask DHCD for a“veteran preference” pool for the family selection
for one of the two homes, and for the other home to be open to Barnstable County residents.
$100,000 of the award will go toward construction costs. $5,000 will be set aside to cover legal
expenses incurred by the CPC in connection with the award.
Total Project Cost: $786,884 CPC Request: $105,000
b. Brewster Affordable Housing Trust Fund – Rental Assistance Program: This item would
fund the Brewster Affordable Housing Trust Rental Assistance Program (B-RAP) for two additional
years. Over the past years, and exacerbated with the Covid-19 pandemic, year-round rental housing
Rev. 02/01/21 Page 5 of 5
has become more difficult for Brewster households to afford. The Brewster Affordable Housing Trust
Rental Assistance Program (B-RAP) assists low and moderate income Brewster households to both attain
and retain rental housing. Using previous CPA funding, approved at the 2018 Fall Special Town Meeting,
the Housing Trust developed the B-RAP program in response to identified needs in the community and
designed the emergency assistance component in coordination with eight Lower Cape Towns and local
social service agencies. The program, managed by Housing Assistance Corporation (HAC), provides a
monthly rental subsidy as well as case management support to assist residents in affording rentals. The
emergency Covid-19 assistance component provides funds to help households impacted by Covid-19
maintain their rental housing. Prior to using B-RAP funds, HAC works with applicants to access financial
assistance from federal, state, and county programs as well as private donations. This initiative keeps
Brewster residents housed, supports the health of the community, and provides landlords with needed
funds.
Total Project Cost: $225,000 CPC Request: $150,000
c. Dog Park Development Committee – Brewster Dog Park – Copy in summary from
application.
Total Project Cost: $XXXXXXXXXX CPC Request: $XXXXXXXXXXX
d. Administrative Expense- This item will fund the costs associated with general administrative
and operating expenses, including but not limited to legal and other professional consulting
services, related to carrying out the operations of the Community Preservation Committee. The
Community Preservation Act allows up to 5 % of expected annual revenues for this purpose.
Estimated balance (reserve plus FY22 estimated revenues) if items approved: $xxx,xxxx
Page 1 of 3
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701
FAX (508) 896-8089
DRAFT
February 10, 2021
Ms. Christine Duren
Habitat for Humanity of Cape Cod, Inc.
411 Main Street, Suite 6
Yarmouthport, MA 02675
RE: Red Top Road Community Housing Project- Award Letter
Dear Ms. Duren:
This letter is written to inform you that on January 29, 2021, the Brewster Community
Preservation Committee (“CPC”) voted to recommend to Brewster Town Meeting approval
of Habitat for Humanity of Cape Cod, Inc.’s (“Habitat”) $100,000 funding request for the
Red Top Road affordable housing development: the creation and development of two (2)
affordable homes on approximately 25,277 square feet of land donated to Habitat on 26 Red
Top Road, Brewster, Massachusetts (“the Property”), and the sale thereof to eligible
purchasers (“the Project”), as described in Habitat’s November 28, 2020 application (the
“Application”), which Application is incorporated herein by reference.
Brewster Town Meeting is currently scheduled to meet on May 3, 2021 to consider the
CPC’s recommendation and to appropriate $100,000 for the Project (the “Grant Funds”)
under G.L. c.44B, the Community Preservation Act (the “CPA”). If approved by Town
Meeting, the Town will make the Grant Funds available to Habitat upon the execution of a
Grant Agreement containing terms substantially similar to the one attached hereto as Exhibit
A and the terms set forth herein (the “Grant Agreement”).
No Grant Funds will be paid to Habitat until Habitat has complied with the other terms of the
Grant Agreement.
PROJECT DESCRIPTION
The Project involves the construction of 2 three bedroom affordable homes. Habitat will sell
the homes to very low income households – that is, for households earning no more than
40% - 65% of area median income (“AMI”), as determined by the US Department of
Housing and Urban Development (“HUD”). Habitat intends to request of the Department of
Housing and Community Development (DHCD) that one of the homes have a veteran’s
preference.
Community Preservation
Committee
Page 2 of 3
The 2 single-family homes will be ranch-style with 3 bedrooms, 1.5 baths, and approximately
1,256 square feet. The homes will be sold to very-low income households subject to deed
riders approved by the Town and DHCD. The resulting Project will provide safe, secure and
affordable homes for 2 eligible households.
Habitat’s award will be secured by a Mortgage on the Property granted by Habitat to the
Town (a no-interest loan that will be forgiven according to the schedule set forth herein) and
will be used to pay for site work and building construction period expenses of the Project.
PROJECT ELIGIBILITY
The Project is eligible for funding under the CPA pursuant to Section 5(b)(2), which provides
that CPA funds may be expended “for the acquisition, creation, preservation and support of
community housing.”
The Project meets the definition of “community housing” as that term is defined in the CPA
because it will provide housing for households earning no more than 40% - 65% of the AMI.
The expenditure of the Grant Funds will help the Town to acquire and create an additional 2
units of community housing, both of which will be subject to affordable housing deed riders
when conveyed to eligible purchasers, thereby ensuring the long term public benefit of
preserving affordable housing opportunities on lower Cape Cod.
GRANT AWARD TERMS AND CONDITIONS
The disbursement of the Grant Funds awarded by the CPC is contingent upon the following
terms and conditions:
1)The Project is approved and $100,000 has been appropriated therefor by Brewster
Town Meeting; Town Meeting is currently expected to vote on May 3, 2021.
2)The parties have signed a Grant Agreement in substantially the form attached hereto
as Exhibit A.
3)Habitat has taken all steps to include all the units in the Town’s Subsidized Housing
Inventory (“SHI”).
4)Habitat has secured a comprehensive permit from the Zoning Board of Appeals in
which the appeal period has expired; acquired the needed parcels; executed a
Regulatory Agreement among the Town, Habitat, and DHCD; and executed the Grant
Agreement.
5)Habitat has signed a Promissory Note, Loan Agreement, and Mortgage in a form
acceptable to Town Counsel and recorded the Mortgage.
Page 3 of 3
6)The Grant Funds will only be released to Habitat as reimbursement for work that has
been completed in accordance with the provisions of this Award Letter and the Grant
Agreement.
7)Habitat shall use the Grant Funds for hard costs (i.e. Project site expenses and
building construction) as shown on the pro forma in Attachment G of the funding
application that are incurred after the Town Meeting vote.
8)Prior to the release of any of the Grant Funds, Habitat shall provide evidence
satisfactory to the CPC that other funds necessary for the completion of the Project
have been received and/or are committed and available.
9)The CPA funds will only be released to Habitat as reimbursement for work completed
in accordance with the provisions of this Award Letter and the Grant Agreement.
Requests for reimbursement, including documentation of the expenses incurred, shall
be submitted to Beth Devine, CPC administrative assistant, c/o Brewster Town Hall.
The CPC reserves the right, through its agent, to inspect the work prior to approving
any funding request.
10)The Town will hold back 10% of the Grant Funds ($10,000) until the Project has been
completed, as evidenced by the recording of affordable housing deed riders on the 2
homes in compliance with the Permit and DHCD’s requirements sufficient to include
all units in the Town’s SHI. Habitat may request a partial release (1/2 of the hold
back) for each restriction recorded.
11)This award will be in the form of a 0% loan, which will be discharged when the 2
individual homes have been sold to income-eligible household and an affordable
housing deed rider (as set forth above) has been recorded for each of the 2 lots. The
Town will grant partial releases for individual units that are sold in compliance with
the terms hereof.
12)The term of the award will last until June 30, 2024, and the Project must be
completed by the date.
13)Habitat shall provide project status reports/updates to the CPC liaison every three
months (i.e. January 1, April 1, June 1, and September 1) until project completion, at
which time a final report will be due.
14)The CPC liaison for this project shall be Paul Ruchinskas.
The CPC is pleased to be able to play a role in this much needed community housing project.
Please do not hesitate to contact me should you have any questions or concerns.
Sincerely,
Faythe Ellis
Chair- Brewster CPC
Community Preservation Committee
Minutes of January 29, 2021 Page 1 of 7
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701
FAX (508) 896-8089
COMMUNITY PRESERVATION COMMITTEE
Virtual Meeting
Friday, January 29, 2021 at 1:00 p.m.
MEETING MINUTES OF JANUARY 29, 2021
Present: Community Preservation Committee (CPC) - Chair Faythe Ellis, Vice-Chair Sharon Marotti,
Clerk Elizabeth Taylor, Roland Bassett, Bruce Evans, Paul Ruchinskas, Diane Pansire, Peggy Jablonski
Absent: Barbara Burgo
Also Present: Cynthia Bingham, Select Board; Donna Kalinick, Assistant Town Administrator;
Christine Duren, Habitat for Humanity; Beth Wade, Habitat for Humanity; Chris Miller, Director of
Natural Resources; Adam Gracia, Director of Development Cape and Islands Veterans Outreach Center;
Douglas Erickson, Chair Mill Sites Committee; Eric Dray, Consultant; Jill Scalise, Housing
Coordinator; Ted Baylis, Pleasant Bay Community Boating
Chair Faythe Ellis called the meeting to order at 4:00 pm
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.
1. Discussion and possible vote on recommendations to the CPC for funding amounts, conditions,
liaisons and CPC funding source for the following applications:
a.Red Top Road Community Housing - $100,000
b.Veteran’s Home in Dennis - $50,000
c.Stony Brook Mill Retaining Wall Reconstruction - $125,000
d.Brewster Rental Assistance Program - $150,000
a.Red Top Road Community Housing
Christine Duran wanted to thank the CPC for the Paul Hush Way Homes successes. Then she moved on
to 26 Red Top Road, looking to build two 3 bedroom ranches on the donated property. They have 1.5
baths, 2 car parking, full basement, green/solar energy efficient. We are asking $50,000 per home which
is standard. We are looking for infrastructure and site work to start the 1st quarter of 2022, and will open
family applications at the same time. A little over a year build, permitting is in process now.
Construction prices are basically all based on recently completed and in process projects we have going
Approved:
VOTE:
Community Preservation Committee
Minutes of January 29, 2021 Page 2 of 7
now. There is a little bit more site work, grading the site and accessibility needs to be completed. 1 out
of the 2 homes will be a veteran preference. Beth Wade said the way we set up the application, we are
requesting that there be a veteran preference as a first preference, if we cannot identify a veteran as a
first qualifier, it will then fall to a local preference. We also have a regional preference built into that,
after Brewster, it would go into the Barnstable county area for preference.
Paul noticed part of the water line comes down Red Top and wondered if there is a Plan B if the water
line was unavailable. Beth Wade said they haven’t firmed up a Plan B, but she has a sense they would
just delay the build. Donna Kalinick said the Water Department authorized the work and is aware of the
schedule. It does not require the total upgrade being done before starting the work.
Faythe wanted to discuss conditions. From Counsel, any award being conditioned on Habitat conveying
a permanent affordable housing restriction to the Town, which the Town is made party to and has the
right to inforce the regulatory agreement. Christine Duran and Beth Wade said they were both in
agreement.
Paul said typically our awards go out two years, he recommends 3 years. He also asked if 90% of the
funds to be available for the infrastructure work. Chris Duran said it may be because our costs are up
front, some other funders like to see a certain amount of work done and also the construction loan.
Given Habitat’s track record, Paul is fine with the 10% hold back until the home is occupied. Up to 90%
of the award could be available for site work costs, rather than the home construction. Chris Duran said
the funds could be used for both, but it depends on other funding they will be getting.
Faythe said the next topic to discuss would be the CPC funding source. Our recommendation would be
that it come from the Budgeted Reserve for CPA. One additional question for funding is possible
inclusion of another small amount put aside to cover Town expenses in getting this grant in place,
perhaps $5,000.
Paul asked for the Housing Partnership’s recommendation. Faythe said Ralph reported they voted
unanimously in favor. Diane was there and said they were completely favorable in support of this
project.
Paul volunteered to be liaison for the project.
Motion to approve $100,000 with the following conditions, a 3 year term for the award, 90% of the
award available for site work costs, a 10% hold back until the homes are occupied and deed
restrictions in place, funding to come from Budgeted Reserve for CPA with Paul Ruchinskas as
Liaison.
MOVED by Faythe Ellis. Seconded by Peggy Jablonski.
Roll Call Vote: Sharon Marotti – yes, Elizabeth Taylor – yes, Bruce Evans – yes, Paul
Ruchinskas– yes, Diane Pansire – yes, Roland Bassett – yes, Peggy Jablonski – yes, Chair Ellis -
yes
VOTE 8-yes 0-no
Motion to set aside $5,000 from the Budgeted Reserve for CPA to cover Town expenses related to
the closing costs and preparation of this grant.
MOVED by Sharon Marotti. Seconded by Paul Ruchinskas.
Community Preservation Committee
Minutes of January 29, 2021 Page 3 of 7
Roll Call Vote: Sharon Marotti – yes, Elizabeth Taylor – yes, Bruce Evans – yes, Paul
Ruchinskas– yes, Diane Pansire – yes, Roland Bassett – yes, Peggy Jablonski – yes, Chair Ellis -
yes
VOTE 8-yes 0-no
b.Veteran’s Home in Dennis
Adam Gracia gave the Committee a quick update – he recently met with the Housing Authority and
received unanimous recommendation approval from them. The cleaners are currently going through the
building getting ready for people to move in next month which is very exciting to see. Currently, we
have secured $15,000 from Wellfleet CPC, $90,000 from the Barnstable Affordable Housing Trust,
$100,000 from Yarmouth, and a pending $25,000 from Harwich which will support construction costs
as well as the cost for programs and services that make that property affordable.
Paul said he saw in the budget there being Case Management Services and wondered about how many
hours/week is dedicated for staffing for the clients in residence. Adam Gracia answered approximately
10 hours/week to be dedicated at the home dependent on how many clients will be there really
determining how much time. Paul asked if there is a current deed restriction. Adam Gracia answered,
yes, the Town of Dennis has a deed restriction, a 99 year lease for the property designated for affordable
housing specifically for veterans for the entirety of that lease. If this is approved, will the Town of
Brewster being added to the deed restriction be an issue. Adam Gracia was unsure at this point. Paul
wanted to know Harwich CPC gave a tentative $25,000, Adam Gracia hasn’t heard back. Yarmouth
CPC was $100,000 broken up over 3 years. Wellfleet is a straight $15,000. Paul asked if the money
would be used for Operating, Staff Support, or Construction. Adam Gracia answered for all.
Paul asked about other fees. Adam Gracia answered CDAC provided $15,000 grant for professional soft
costs – development consultant, legal fees, Forman, etc. Paul said in the application, they are showing an
$82,000 gap, which would mean you could pay off $115,000. Adam Gracia answered that the budget
didn’t include the $200,000 in the Operating Budget. Paul is struggling that there is an $82,000 gap.
Adam Gracia said if there were any remaining funds would be broken up over the next two years, or
depending on conditions, they could be given back, etc.
Donna Kalinick addressed the Committee to add that the Harwich CPC voted to approve the $15,000
last night.
Paul was concerned if the money goes to Program Support, and said the CPC would want it to go to
construction expense or paying down the line of credit as a condition of the funding.
Faythe asked who would be the Liaison for the project. After some discussion, the Committee decided
Paul will help with the award letter and Peggy would serve as Liaison. They also decided to add an
additional $2,500 for legal expenses to the Town.
Motion to recommend approval of a $50,000 Award to Veterans Home in Dennis with a condition
the funds be used to pay off the line of credit for the construction expense, with a two year award,
Liaison Paul Ruchinskas, and the funding source would be the Housing Fund.
MOVED by Peggy Jablonski. Seconded by Diane Pansire.
Roll Call Vote: Sharon Marotti – yes, Elizabeth Taylor – yes, Bruce Evans – yes, Paul
Ruchinskas– yes, Diane Pansire – yes, Roland Bassett – yes, Peggy Jablonski – yes, Chair Ellis -
yes
Community Preservation Committee
Minutes of January 29, 2021 Page 4 of 7
VOTE 8-yes 0-no
Motion to set aside $2,500 to cover the CPC legal expense related to this award.
MOVED by Elizabeth Taylor. Seconded by Diane Pansire.
Roll Call Vote: Sharon Marotti – yes, Elizabeth Taylor – yes, Bruce Evans – yes, Paul
Ruchinskas– yes, Diane Pansire – yes, Roland Bassett – yes, Peggy Jablonski – yes, Chair Ellis -
yes
VOTE 8-yes 0-no
c.Stony Brook Mill Retaining Wall Reconstruction
Chris Miller, Brewster Natural Resources Director, is acting as the Project Manager for this project.
Proposing to work on the retaining walls along the Herring Run Stream adjacent to the Stony Brook Mill
itself. The issues were brought to our attention a few years back. The wall is starting to depress and shift
to the east. Our concern is that the wall will fail. It looks like it was put in there in the 1900’s, so it’s a
very historic feature of the site. We have two partners who have provided funding, the Cape Cod
Conservation District for the engineering design who came up with a plan how to correct the issues with
the retaining walls. They’ve done a full site survey of the stream and also brought in a fish passage
expert to evaluate how the stream is working. At this point, we have about 20% designed. They are
looking at it as a spot repair and reinforcement with trying to retain the original stone work as much as
possible. The NRCS is a federal partner through the Department of Agriculture that has supplied
construction funds of $290,000. We are coming to CPC asking for the required match of $100,000 plus
an additional $25,000 to be used to assist in permitting and to hire public ecological laboratories to assist
with the filing with the MA Historical Commission. We’d also like to have some construction
monitoring of the site with conditions to make sure the look and feel is as precisely what is there now as
possible.
Doug Erickson, Chair of the Mill Sites Committee, said we want to make sure everything looks the same
as it stands today. We want it to look like what we accomplished on the West Side of the Mill, trying to
stabilize the old stone work and work behind the current construction.
Paul asked why there is a need for permitting from the Army Core of Engineers. Chris Miller answered
because it is a stream and is defined as navigable waters which is under their purview.
Eric Dray said he thinks it’s great they are hiring PAL to oversee Federal and State submissions. It
might be interesting for Chris Miller to explain how the local will be engaged in the review processes.
Chris Miller answered when the state comes back to the site, they come back with questions and
concerns. When we did the dam, they required us to remove the wooden structures and replace them.
One of our design goals is no exposed concrete except in one place. Eric Dray said the MA Historical
Commission administers Fed and State Regulations, and first look to see if there are any adverse impacts
on historic resources, and if so, they determine mitigation measures. It is important to keep in touch with
them if there could possibly be an issue.
Conditions – will work with Chris Miller to put something together. Faythe asked Eric Dray to put a
memo together of his concerns with what needs to be done. Faythe will pull out the last project with
these restrictions. Faythe volunteered to be Liaison. Historical bucket for funding source. Faythe
wondered if there might be a need for extra expenses for legal. Chris Miller answered that he doesn’t
believe so as it is wholly owned by the Town.
Community Preservation Committee
Minutes of January 29, 2021 Page 5 of 7
Motion to approve $125,000 for the Stony Brook Mill Retaining Wall Reconstruction Project with
conditions comparable to conditions with work done there before with Faythe Ellis as Liaison and
funding source as Historical.
MOVED by Elizabeth Taylor. Seconded by Diane Pansire.
Roll Call Vote: Sharon Marotti – yes, Elizabeth Taylor – yes, Bruce Evans – yes, Paul
Ruchinskas– yes, Diane Pansire – yes, Roland Bassett – yes, Peggy Jablonski – yes, Chair Ellis -
yes
VOTE 8-yes 0-no
d.Brewster Rental Assistance Program
Paul recused himself as he is a HAC Board member, as they administer the program.
Jill Scalise presented to the Committee. Year-round rental housing is difficult for Brewster Households
to afford and has been exacerbated during the pandemic. This program assists low to moderate income
households to attain and retain rental housing. Creating a Rental Assistance Program was one of the first
goals of the Housing Trust and is part of a holistic response to Brewster’s community housing
challenges. Using $75,000 of previous CPA funding, the Housing Trust developed the rental assistance
program in response to identified needs in the community and designated the emergency assistance
component in coordination with 8 lower Cape towns and Social Service Agencies. The request would
fund the Brewster program for two additional years as we continue dealing with the pandemic in our
community.
Sharon volunteered to be Liaison for the program.
Motion to approve $150,000 for the Brewster Rental Assistance Program with a three year term
with the money coming from the Budgeted Reserve with Sharon Marotti as Liaison.
MOVED by Elizabeth Taylor. Seconded by Sharon Marotti.
Roll Call Vote: Sharon Marotti – yes, Elizabeth Taylor – yes, Bruce Evans – yes, Diane Pansire –
yes, Roland Bassett – yes, Chair Ellis - yes
VOTE 6-yes 0-no
Peggy Jablonski did not vote as she was unavailable.
2.Discussion and possible vote on public access assurance for Pleasant Bay Community Boating
dock award.
Faythe said we are exploring alternatives to a deed restriction that would give us assurances as a Town
for public access. She asked Ted Baylis to speak about the concerns and considerations regarding this
element of the award.
Ted Baylis said when he first saw the sample agreement, they thought the deed restriction was only for
land acquisition, so they didn’t pursue any further figuring this wasn’t a land acquisition. He said that as
Faythe pointed out, the Orleans Conservation Commission was granting us a waiver on something they
felt was impenetrable regulation that no permanent piers would be allowed on Pleasant Bay. In order to
make it ADA compliant, it had to be permanent. So the concern would be if PBCP would cease being
the owner of the property, the pier would be removed. That is probably the best way to allay the
concerns. In terms of a lien on the property, they would have to talk with their lender. He would have to
get legal counsel.
Community Preservation Committee
Minutes of January 29, 2021 Page 6 of 7
Faythe thought that the Orleans order of conditions with the statement in there that it is public access
might be sufficient for our purposes to cover the public access that we want. She asked if you need to be
signed up for a program to get on the pier. Ted answered no, however, they need to try to control traffic
to a certain extent.
Paul said there is a clear public benefit, but the issue would be access. Maybe there’s another way to
make this work other than a deed restriction. Rollie has the same concern. We did have the problem with
the Natural History Museum. Faythe said she could explore with Legal the idea of reworking the loan to
be a forgivable lien. Paul said another alternative might be to put a sign up that parking was available to
the public. Ted Baylis said they are open to the public. PBCB does not have a membership requirement
to take any of their programs. There is a sign up, like a Community Center, but no formal membership.
Faythe said, in her opinion, if there was a sign that assured public access that would cover this issue. Ted
Baylis said a sign that there was access to all might work. Faythe will discuss with Legal and then get
back to Ted Baylis as soon as possible.
2.Approval of Minutes from 1/14/2021
Motion to approve the Minutes from 1/14/2021 as written.
MOVED by Diane Pansire. Seconded by Bruce Evans.
Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Elizabeth Taylor – yes, Roland Bassett –
yes, Paul Ruchinskas– yes, Diane Pansire - yes, Chair Ellis - yes
VOTE 7-yes 0-no
Peggy Jablonski did not vote as she was unavailable.
3.Discussion and possible vote to approve $3500 in dues to State Community Preservation
coalition.
Motion to pay from our Administrative Funds.
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, Diane Pansire – yes, Chair Ellis - yes
VOTE 7-yes 0-no
Peggy Jablonski did not vote as she was unavailable.
4.Project Updates
Faythe said that Recreation met last night regarding the Dog Park Application, and was planning on
having our discussion for this project on our next Meeting Agenda, but the bids will be coming in on the
23rd and if we held off until the meeting on the 24th we would have a better idea of the cost needs at that
time.
Rollie said the Recreation Committee Meeting last night and voted in support of the Dog Park.
5.Announcements
Donna Kalinick said tomorrow there will be a public forum on our proposed Hazard Mitigation Plan
from 10am-12pm.
Community Preservation Committee
Minutes of January 29, 2021 Page 7 of 7
Tuesday night the Charter Committee will hold their 2nd public forum at 6pm.
There is information on the website about the Nauset Regional High School holding open forums on the
proposed high school project slated to be voted on March 30th from 11am to 7pm.
Cindy Bingham wanted to add there will be absentee ballots allowed for the high school project vote.
6.Items the Chair could not anticipate – none
7.Next virtual meeting: Wednesday, 2/10/21 at 4PM
MOTION made by Paul Ruchinskas to adjourn the meeting at 2:43pm.
Sharon Marotti Second.
Roll Call Vote: Bruce Evans – yes, Elizabeth Taylor – yes, Paul Ruchinskas – yes, Roland Bassett
– yes, Sharon Marotti – yes, Diane Pansire – yes, Chair Ellis - yes
VOTE 7-yes 0-no
Peggy Jablonski did not vote as she had left the meeting before the vote was taken.
Respectfully submitted, Beth Devine, Recording Secretary
Packets of additional documents available on website for public review.