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Home My Public Portal AboutSelect Board Meeting Packet - 04.05.2021 Town of Brewster Select Board 2198 Main St., Brewster, MA 02631 townadmin@brewster-ma.gov (508) 896-3701 MEETING AGENDA Remote Participation Only April 5, 2021 at 6:00 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.brewster- 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: 890 9291 0526Passcode: 509224 To request to speak: Press *9 and wait to be recognized. 2. Zoom Webinar: https://us02web.zoom.us/j/89092910526?pwd=WHM2V3hrVklhSTloWWhVU09kanUzQT09 Passcode: 509224 To request to speak: Tap Zoom “Raise Hand”, then wait to be recognized. Select Board Mary Chaffee Chair Benjamin deRuyter Vice Chair Cynthia Bingham Clerk David Whitney Edward Chatelain Town Administrator Peter Lombardi Assistant Town Administrators Susan Broderick Donna Kalinick Executive Assistant to the Town Administrator Robin Young 1. Call to Order 2. Declaration of a Quorum 3. Meeting Participation Statement 4. Recording Statement 5. Public Announcements and Comment: Members of the public may address the Select Board on matters not on the meeting’s agenda for a maximum 3-5 minutes at the Chair’s discretion. Under the Open Meeting Law, the Select Board is unable to reply but may add items presented to a future agenda. 6. Select Board Announcements and Liaison Reports 7. Town Administrator’s Report 8. Consent Agenda  Beach Access Permit: Crawford Land Management for Access to Mants Landing for Sand Nourishment at 286 Robbins Hill Road  Conservation Restriction: 0 Stonybrook Road 9. Announcement on Millstone Road Project Public Forum 10. Discuss and Vote on Partnership with Cape Light Compact and Brewster Chamber of Commerce on 2021 Main Streets Program 11. Discuss and Vote on a Local Initiative Program (LIP) Affordable Housing Project at 26 Red Top Road – Habitat for Humanity 12. Update on Fiscal Year 2020 Community Development Block Grant Award and Proposed Plan for 2021 Application 13. Discuss and Vote on Feedback on and Potential Revisions to Town Charter 14. Vote to Open Town Meeting Warrant, Add Article on Police Sergeant Union Contract, and Close Warrant 15. Discuss and Vote on Remaining Spring 2021 Town Meeting Warrant Articles 16. Assembly of Delegates Update – Mary Chaffee 17. Vote to Accept Ben DeRuyter’s Resignation from Cape Cod and Islands Water Protection Fund Management Board and Vote to Appoint Peter Lombardi to Serve as Brewster’s Representative 18. For Your Information 19. Matters Not Reasonably Anticipated by the Chair 20. Questions from the Media 21. Next Meetings: April 6 and April 20, 2021 22. Adjournment Date Posted: Date Revised: Received by Town Clerk: 04/01/2021 Pages 2-23 Pages 24-49 Page 50 Pages 51-52 Pages 53-263 Pages 264-269 Pages 305-313 Pages 314-318 Pages 269-304 COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Situation in Numbers Massachusetts current as of 4/1 600,632 Total Confirmed Cases (click here for more information) 16,876 Deaths among confirmed cases 18,928,748 tests for the virus conducted to date by MA State Public Health Laboratory, hospitals, and commercial laboratories. United States Last Updated 4/1 Case numbers are updated regularly at noon. Saturday/Sunday reports are preliminary and have not been confirmed with state/territorial health departments. Total Cases Reported to CDC: 30,277,908 Total Cases 549,098 Deaths 57 Jurisdictions Reporting Cases (50 states, D.C., Puerto Rico, Guam, Northern Marianas, Marshall Islands, American Samoa, and US V.I.) Social Distancing Basics: ✓ Stay Home ✓ Call/Facetime/online chat with friends and loved ones. If you go out for essential needs: ✓ Avoid crowds ✓ Stay 6 feet away from others ✓ Don’t shake hands or hug ✓ Wear a face covering or mask. Mo Thursday, April 1, 2021 CO COVID-19 Command Center Ma Massachusetts Emergency Management Agency CCenterSituation Report 23 Situation Update The Command Center Situation Report is published weekly. The next report will be published on Thursday, 4/8/21. In This Week’s Report: • Latest Data: Public Health & Vaccine Data Update • Week in Review: Key State Actions o Mobile Vaccination & New Support Announced for Disproportionately Impacted Communities o MA and FEMA Team up to Increase Vaccination Administration o Pooled Testing Initiative Shows Low School Positivity Rate o Vaccine Rates Updated, Additional Vaccinators Authorized o Safely Celebrating Spring Holidays in Long Term Care Facilities o DPH, Emergency Management, and Disaster Recovery Updates o Holyoke and Chelsea Soldiers’ Homes Weekly Update Helpful Links: • COVID-19 Vaccine in Massachusetts • Public Messaging Resources for Municipalities & Businesses • Mass.gov/findfoodhelp • Unemployment & COVID-19 • Reopening Massachusetts • Massachusetts Emergency Management Agency • COVID-19 Cost Eligibility and Tracking Guidance On Tuesday, the Baker-Polito Administration joined with state and federal partners to tour the mass vaccination site at the Hynes Convention Center. The Commonwealth and FEMA announced a partnership to expand access to the COVID-19 vaccine by bringing 6,000 federal doses daily, for a total of 7,000 doses per day when combined with the state’s current allocation. (See details below in Week in Review section.) COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Latest Data: COVID-19 Public Health Update COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Weekly Public Health Report: The Command Center released the Weekly Public Health Report, with town by town information, including the weekly listing of city and town risk levels on Thursday, 4/1. The report also includes granular information on cases by county, biweekly testing rates, contact tracing information (including active COVID cluster information by Exposure Setting Type), hospitalization data, race and ethnicity data, information about cases in long term care facilities, and PPE distribution data. Vaccine Update: For a more detailed weekly breakdown, visit the MA COVID-19 Vaccination Data webpage. MA Dose Allocation Update: This week, the Commonwealth received 382,980 first and second doses as part of the state allocation. These figures do not include doses provided directly from the federal government to the Federal Retail Pharmacy Program, Federally Qualified Health Centers (FQHC) or Community Vaccination Centers (CVC). These numbers include a one-time shipment of 29,800 J&J vaccines for providers. Another 10,000 J&J vaccines will be set aside to utilize for the homebound vaccination program that was announced last week for a total of 40,000 J&J. This week, first doses and second dose state allocations (total doses), were distributed among providers as follows: • Health systems and health care providers (excluding community health centers): 133,210 • Mass vaccination locations: 106,300 • Regional Collaboratives and Local Boards of Health: 84,660 • Community Health Centers: 28,950 • Retail pharmacies (non-CVS) state allocation: 13,090 • Mobile Clinics supporting long-term care facilities, congregate care, affordable/low-income senior housing and homebound individuals: 14,670 COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Weekly allocations are subject to change based on federal availability, demand from providers, and obligations to meet second doses. Providers have 10 days to use their doses and must meet specific performance thresholds. Federal Doses: In addition to the state allocation, the federal government distributes vaccines to CVS Health sites as part of the Federal Retail Pharmacy Partnership as well as to certain Massachusetts federally qualified community health centers. These quantities fluctuate on a weekly basis and are not counted as part of the state’s weekly allocation. This week, 152,020 first and second doses were allocated to the retail pharmacy program. 15 FQHCs received 58,290 doses directly from the Federal Government. The Community Vaccination Clinic at the Hynes Convention Center was allocated 42,120 doses. Continued Vigilance: While vaccine efforts continue across the Commonwealth, it is important to continue to wear a face covering, practice social distancing, limit your interactions with your closest and engage in physical distancing. Individuals are encouraged to get tested if feeling sick or think you have been exposed to COVID-19. Testing is free, and widely available, with over 400 testing sites in the Commonwealth. Week in Review: State Actions Administration Announces Mobile Vaccination & Additional Support for Disproportionately Impacted Communities The Baker-Polito Administration today announced details for a new mobile vaccination effort made possible by a recently-launched partnership with FEMA that is bringing 6,000 additional daily doses to Massachusetts. The Administration also announced the awarding of a $4.7 million grant to support local public health efforts in the 20 most disproportionately impacted communities in the Commonwealth and highlighted new outreach efforts in these communities. The Administration made these announcements during a visit to the vaccination clinic at La Colaborativa in Chelsea, one of four hard-hit communities the Administration is supporting with a total of $100 million after previously being slated to receive disproportionately smaller amounts of federal funding through the American Rescue Plan Act of 2021. FEMA-Supported Mobile Vaccination This week, the Commonwealth and FEMA launched a partnership that designates the Hynes Convention Center in Boston as a federal mass vaccination site where FEMA will support the daily administration of 6,000 vaccine daily doses for an eight-week period. This collaboration includes vaccinations beyond the Hynes location, following a “hub and spoke” model which allows Gov. Baker, Lt. Gov. Polito, and EOHHS Sec. Sudders visited La Colaborativa, and East Boston Neighborhood Health Center today to announce new support for communities like Chelsea that have been hit hard by COVID-19. COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT doses from the central “hub” to be distributed to nearby communities through mobile vaccination units and pop-up clinics, with a focus on vaccine equity. Starting next week and ramping up over time, mobile vaccination efforts will be launched in Chelsea, Revere, Boston, Fall River and New Bedford. Like the Hynes site and other federally supported sites across the country, these cities were selected based the CDC’s Social Vulnerability Index, along with their proximity to the Hynes. These mobile and pop up clinics will scale over time, with up to 500 vaccines per day available for each community. Doses will be picked up by the mobile vaccination teams at the Hynes and then distributed and administered in these communities. Most of these mobile units and pop up clinics will be set up in city parks, parking lots, and other trusted community locations identified by the municipalities as easy to access for community members. The program will also include grassroots efforts in each community to raise awareness about these mobile clinics and assist in booking appointments. Similar to the broader partnership with FEMA, this mobile program will run for 8 weeks. Equity Outreach Initiatives Beginning next week, over 200 bi-lingual, locally hired community organizers will hold 83 outreach events in neighborhoods across each of our 20 equity communities for business walks and door-to-door canvassing and will also start phone-banking efforts to support vaccine appointment registration. Archipalego Strategies Group (ASG), a minority-women owned business and Health Care for All have been working closely with the Department of Public health and our equity communities to build a robust outreach program that is tailored to the needs of each community. $4.7 Million Best Value Grant Awards The Commonwealth this week will distribute $4.7M of federal grant funding to the 20 communities most disproportionately impacted by COVID-19 that will enable them to lead vaccine clinics and promote vaccine trust and confidence. This funding will support local municipalities and health departments as they: • collaborate with key stakeholders including local Community and Faith-Based Organizations; Community Health Centers, and Community Health Workers who can support grassroots outreach; • additional staffing (e.g., public health nursing) and resources to support vaccine clinics in disproportionately impacted communities; • identify gaps and map available resources to reduce barriers to vaccination; and • disseminate culturally appropriate translations of communications campaign materials, including Trust the Facts. Get the Vax. campaign materials and vaccine FAQs in multiple languages, and support outreach efforts such as town halls and information sharing in close coordination with Community Liaisons, ASG and HCFA. The funding includes a minimum of $100,000 dedicated to support staffing and public health infrastructure for local public health. This funding will be for today through June 30, 2022. City/Town Amount Boston $963,429 Brockton $222,064 Chelsea $146,794 Everett $160,302 Fall River $211,129 Fitchburg $152,370 Framingham $192,517 Haverhill $181,807 Holyoke $151,192 Lawrence $209,550 Leominster $150,432 Lowell $245,185 Lynn $225,362 Malden $184,177 Methuen $166,532 New Bedford $223,687 Randolph $142,514 Revere $175,682 Springfield $296,713 Worcester $338,378 Total 4,739,816 COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT The Commonwealth and FEMA Team Up Launch to Increase Vaccination Administration: The Commonwealth of Massachusetts and FEMA announce today a partnership to expand access to the COVID- 19 vaccine by bringing 6,000 federal doses daily to the Hynes Convention Center vaccination site, for a total of 7,000 doses per day when combined with the state’s current allocation. This Community Vaccination Center (CVC) program will be open to the public, with additional services available for the most disproportionately impacted communities in Suffolk County, starting March 31. People interested in booking an appointment at the Hynes Convention Center vaccination site should continue to pre-register at vaccinesignup.mass.gov. There will be no disruption to the appointment process with this federal expansion. The state will also coordinate additional community outreach to assist vulnerable residents with signups. Additionally, a portion of the federal doses will be designated for mobile units for areas of Suffolk County (Chelsea, Revere & Boston). The Baker-Polito Administration will provide more details on these efforts soon. The Hynes Community Vaccination site will have interpreters available daily for individuals speaking Spanish, Mandarin, and Haitian/Creole, as well as capability to utilize telephonic translation with access to 240 different languages. The Hynes is centrally located and accessible via public transportation on the MBTA Green Line (Hynes Convention Center Station and Prudential Center Station), the MBTA Orange Line (Back Bay Station via passageways), the Commuter Rail, and major bus routes to ensure individuals with transportation challenges can access the site. Free parking is available for those with private transportation. Additionally, MassHealth is offering new flexibilities for Non-Emergency Medical Transportation for members with access/functional needs to ensure equitable transportation access to and from the sites. The Commonwealth, federal, and state contracted staff will be used to support the operations at this facility for the duration of 8 weeks. Along with staffing, FEMA and its federal partners will provide support through operations, logistics and vaccine allocations. The addition of the FEMA site and the resources that come with it will enable Massachusetts to further operationalize its commitment to equity, a core pillar of the state’s vaccination plan, which includes $27.4 million in CDC funding focused on the 20 communities hardest hit by COVID-19, including Boston. The state Department of Public Health is working in these cities and towns on customized plans to reduce barriers to vaccination and increase awareness and confidence in vaccine safety, joining with neighborhood health centers, local health departments, and community and faith based groups to increase vaccination. How the Site was Selected The Hynes site, like other federally supported sites across the country, was selected based on data analysis including the CDC’s Social Vulnerability Index, population needs and challenges, and available public transit options to the center. Input from state and local partners was crucial in determining the location. The Hynes site Gov. Baker, Lt. Gov. Polito, Sec. Sudders and MEMA Director Phillips were pleased to join Sen. Markey, Rep. Lynch, CDC Director Dr. Rochelle Walensky, along with partners from CIC- Health and Mass General Brigham to tour the Hynes Convention Center vaccination site, and announce a new partnership with FEMA for a Community Vaccination Center Pilot Program in Boston. COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT will have a vaccination output of several thousand doses per day at maximum operating capacity. One thousand doses from the Commonwealth will be increased by an additional 6,000 doses from a separate federal allocation. “Massachusetts is a national leader for vaccines and this additional support from the federal government will help to increase access and availability to some of our most disproportionately impacted communities,” said Governor Charlie Baker. “We are grateful for the support from the Biden-Harris Administration for selecting Massachusetts to host one of these sites and for the support of our congressional delegation in applying for this program.” The Hynes Convention Center is a well-known destination within the Greater Boston community, having been in operation since 1968. It possesses all the critical infrastructure requirements and facilities such as running water, restrooms and parking to host thousands of individuals at a time, safely and comfortably. “The goal of establishing these joint federal pilot centers is to continue to expand the rate of vaccinations in an efficient, effective and equitable manner, with an explicit focus on making sure communities with a high risk of COVID-19 exposure and infection are not left behind,” said Acting Region 1 Administrator and Federal Coordinating Officer Paul Ford, who oversees FEMA’s operations in New England. “FEMA remains committed to helping everyone in America during this time and we will continue to work with our partners to stop the spread of this disease.” First-In-The-Nation COVID-19 Pooled Testing Initiative Shows Low Positivity Rate in Schools: On Monday, the Baker-Polito Administration announced that data collected from its statewide, first-in-the-nation pooled testing initiative in schools across the Commonwealth found low positivity rates – far less than 1 percent – among students and staff. The statewide testing program, funded entirely by the Commonwealth and available to every Massachusetts public school at no cost, was also extended through the school year. Launched in February and the first program of its kind nationwide, Massachusetts schools have tested nearly 159,000 individuals in 22,679 pools with a pool positivity rate of 0.76 percent to date; because the average pool included 7 people, individual prevalence among those tested is well below that number. More than 1,000 schools are enrolled in the COVID-19 pooled testing initiative, and more than 329,000 students, educators and staff are eligible to be tested on a weekly basis. Of the collected pooled tests, Massachusetts is not aware of any in which there was more than one positive individual, suggesting that there is extremely little evidence of in-school transmission of COVID-19 in Massachusetts. The test is performed at least once per week on an anterior nasal swab and results are delivered within 24 hours. If a pooled test result is negative, then all individuals within that pool are presumed negative and may continue to remain in school. If a pooled test result is positive, then everyone in the pool is given an individual diagnostic test. Once positive individuals are identified, they must follow isolation guidance. Students, teachers, and staff that were close contacts of the positive individual must quarantine according to current requirements. According to a study conducted by the Rockefeller Foundation released in December 2020, community outbreak had not been traced to an elementary school, with contact tracing studies concluding that children are almost never the source in infection clusters. “Massachusetts’ robust and ambitious program offering COVID-19 surveillance testing to all schools, charters, and special education collaboratives led the nation,” said Governor Charlie Baker. “The science is clear that it is COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT safe for kids to be in the classrooms, and this initiative has proved to serve as an invaluable tool for schools throughout the Commonwealth as they return to in-person learning.” “Access to this pooled testing program has given many school districts the information and assurance they need in order to be able to keep educating students in person safely and successfully,” said Lt. Governor Karyn Polito. “We are grateful to the Department of Elementary and Secondary Education and the Executive Office of Health and Human Services for undertaking this critical program on behalf of our students, teachers and school staff.” With initial state funding set to expire on April 18, the Baker-Polito Administration also announced today that it will cover the costs of the COVID-19 pooled surveillance testing through the end of the school year, an effort made possible by additional federal funds specifically for COVID-19 testing, anticipated to total approximately $207 million for Massachusetts. Schools who are not yet enrolled in the program are encouraged to do so by contacting K12Covid19Testing@mass.gov, and can learn more here. Additionally, the Administration also announced today that it will now cover the costs of COVID-19 testing at sites dedicated to early education providers. In January, the Administration partnered with private and philanthropic funders, including supporters from the Massachusetts Early Education Funder Collaborative and BayCoast Bank, to launch a pilot COVID-19 testing program dedicated to providing on-demand PCR testing to child care providers and the families they serve to ensure easy access to testing when there is suspected COVID-19 exposure. The Department of Early Education and Care (EEC) set up nine rotating drive- through testing sites throughout the Commonwealth, which are only open only to child care providers and individuals affiliated with programs. COVID-19 Vaccine Rates Updated, Additional Vaccinators Authorized: Effective April 1, the MassHealth rate of payment for vaccine administration will be $45.87, to align with the newly revised Medicare rates for the Boston region. The Biden-Harris Administration announced updates to the Medicare rate structure on March 15th. Massachusetts was the first state in the nation to set Medicaid rates higher than Medicare for the COVID-19 vaccine to ensure payment would not be a barrier to vaccination. The newly released federal rates are nearly identical to the rates previously established in Massachusetts to better support broad-scale vaccination efforts. In accordance with the Division of Insurance bulletin, commercial insurers must pay at least the MassHealth rate, if not more, for COVID-19 vaccines. By aligning with the federal rate and adopting the flat per-shot rate structure, all payers will pay a total of $91.74 for the two-shot Pfizer/BioNTech and Moderna vaccines, and $45.87 for the single-dose Johnson & Johnson vaccine. Additional Authorized Vaccinators To increase vaccine accessibility across a wide range of providers, on March 25, 2021, the Commissioner of the Department of Public Health issued an Order to allow additional certain individuals to administer COVID-19 vaccines in the Commonwealth. These certain individuals include: • Podiatrists licensed pursuant to G.L. c. 112, § 16; • Phlebotomists, which means persons whose responsibilities include, but are not limited to, collecting blood samples from patients under the supervision of a physician, nurse practitioner or physician assistant licensed in Massachusetts, separating blood into different test tubes in order for it to be used in medical tests, accurately labeling said tubes and ensuring correct samples are sent to the laboratory; • Medical assistants who otherwise do not meet the requirements to administer vaccine pursuant to G.L. c. 112, § 265 and DPH guidance; and • Designated Massachusetts Military Division vaccinators, which means military personnel who are certified by the United States Army as Combat Lifesavers. COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT This COVID-19 Vaccinators chart lists the different groups of individuals who can possess and administer COVID- 19 vaccines. Important Updates Safely celebrating upcoming spring holidays in LTC facilities With the “spring holidays” upon us, the Executive Office of Health & Human Services is encouraging facilities, families, residents and staff to engage in low-risk celebrations to mitigate risk of getting or spreading COVID-19 to those in the community, fellow residents and staff. Families are encouraged to communicate with the facility or residence before making plans to bring their loved one home to understand their policies and make sure their celebration is as safe as possible. Visit this webpage for the latest tips and guidance for safe visitation. COVID-19 Cases in Long-Term Care (LTC) Facilities (as of 4/1) Residents/Healthcare Workers of LTC Facilities 34,941 LTC Facilities Reporting at Least One Case of COVID-19 424 Deaths Reported in LTC Facilities 8,960 Department of Public Health Updates: • New vaccine awareness activities such as door-knocking campaigns, phone banking, and other outreach is starting in the 20 communities most heavily impacted by COVID. Watch for new information and details to be added soon to www.mass.gov/covidvaccineequity.org. • Two new :15 second New Campaign videos have been added to Trust the Facts, Get the Vax Campaign Materials | Mass.gov. • A guide for community groups, providers, and others to host local meetings about the COVID-19 vaccine has been translated into 10 languages. The guide includes answers to commonly asked questions and encourages discussion and feedback. • DPH issued the Weekly COVID-19 Vaccine Provider Bulletin, for the week of 3/29. • DPH Epidemiology Line handled 417 COVID-19 calls and 79 non-COVID-19 calls for a total of 496 calls from 3/22 through 3/28. • As of 3/30, the Academic Public Health Volunteer Corps has 303 volunteers supporting 43 local boards of health. • MA211 received 5,019 calls from Monday 3/22 through Sunday 3/28 for a new total of 272,912. These numbers do not reflect calls to the new appointment assistance call centers. • There were 14 deliveries to health care entities on Tuesday (3/30), 29 deliveries were made on Thursday (4/1) and 16 deliveries have been scheduled for Friday (4/2). • DPH provided long-term care (LTC) facilities with guidance regarding BinaxNOW Rapid Point of Care COVID- 19 Testing and BinaxNOW Maximum Order Volumes, COVID-19 Vaccination Reporting for Long-Term Care COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Facilities, and Vaccination of Long-Term Care Residents and Staff following the Federal Pharmacy Partnership Program. • DPH provided long-term care (LTC) facilities with updated guidance that enables non-essential personnel (i.e. hairdressers, contractors) to safely enter the homes to provide services. • All HMCC Regions are at Tier 2 status, in accordance with the DPH COVID-19 Resurgence Planning and Response Guidance for Acute Care Hospitals. DPH and the COVID-19 Command Center will continue to work closely with all regions to monitor hospital capacity statewide. • There are currently 5 Rapid Response Teams, comprised of nursing staff, deployed to nursing homes across the Commonwealth. Teams are also administering second doses of Pfizer vaccine to nursing and rest home residents and vaccinating using Janssen vaccine at nursing homes and rest homes that have a high number of residents that are unvaccinated. Emergency Management and Disaster Recovery Updates: Mass Care • 2 state contracted isolation/recovery hotels in the communities of Everett and Pittsfield continue to receive client placements: 60 individuals are currently housed in the program. o Top 5 referring cities: ▪ Boston (398) ▪ Worcester (194) ▪ Springfield (175) ▪ Quincy (123) ▪ Cambridge (118) o To date, a total of 2,272 residents have been placed in these hotels for safe isolation and recovery, an increase of 49 since last week. Community Food Box Program Update 3/26-4/1: MEMA is partnering with the Salvation Army, and a vendor, to bring in shelf-stable food boxes each week to support communities in their effort to deliver food to individuals and families in quarantine and isolation who require assistance accessing food. Each week MEMA’s warehouse receives a delivery of shelf-stable food boxes. Distribution of food boxes is coordinated between MEMA and communities in need via a request through WebEOC. The table below reflects the current food box inventory, and number of food boxes distributed to communities during the weekly reporting period (data is updated every Friday). Total Number of Food Boxes in MEMA’s Inventory Total Number of Food Boxes Distributed to One or More Local Communities During the Reporting Period Total Number of Communities that Received Food Boxes During the Reporting Period 3,827 440 5 Logistics (including Personal Protective Equipment and Supplies) • 40 orders prepared for pickup or delivery from the MEMA Statewide Logistics Warehouse from 3/26-4/1 • MEMA supplied 18 DPH Community Health Center Grant Programs with 97,000 KN95 this week Disaster Recovery On March 27, 2020, the President declared a Major Disaster Declaration for the Commonwealth of Massachusetts related to the COVID-19 pandemic response. Through this declaration, federal aid will be made available to cities and towns, state agencies, and certain non-profits in all Massachusetts counties to help pay COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT for emergency protective measures (response costs) related to the COVID-19 pandemic. MEMA’s Recovery Unit has developed a webpage with information and guidance on, but not limited to, disaster declaration, eligibility criteria, and the application process. Highlights from the Disaster Recovery process include the following: • FEMA Requests for Public Assistance: 664 (+1) • Technical Assistant Requests: 518 (+2) • Finalizing guidance to ensure all applicants supporting COVID-19 vaccination sites meet the FEMA equitable pandemic response reporting metrics. • New project obligations (11): $98,409,910.90 Soldiers’ Homes Updates: On March 30, the Department of Veterans’ Services and the Soldiers’ Homes received confirmation from the U.S. Department of Veterans’ Affairs that several projects will receive federal funding, including $6.79M for the Electronic Medical Record implementation project that will serve both Homes. The Soldiers’ Home in Holyoke was notified of committed funds for the ongoing Refresh Project, which focuses on improving infection control in the current facility. Holyoke Soldiers’ Home Weekly Update (current as of 3/30/21) ● On Wednesday morning, the Soldiers’ Home in Holyoke raised its iconic United States Flag to full staff as a symbol of hope for all. The Soldiers’ Home leadership is committed to ensuring the safety of the Veteran residents and restoring the Home to its rightful place that treats them with dignity, honor and respect, and continues to rebuild staff and leadership as we move forward. ○ On Tuesday evening, the unions that represent staff at the Soldiers’ Home in Holyoke are held a vigil to honor and remember Veterans lost to COVID-19. ● In addition to the many ongoing support offerings for staff, the Soldiers’ Home will have onsite support available over the course of the next two weeks, provided by the Western MA COVID Peer Support team. ● The Soldiers’ Home in Holyoke is in the midst of a search for a qualified permanent Superintendent, and the Executive Office of Health and Human Services is working with an executive search firm to find COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT qualified candidates. The final candidates are being interviewed in public session by the Board of Trustees on Tuesday, and the Board of Trustees are voting on the final candidate on Thursday. ● The Soldiers’ Home will be welcoming special Sunday visitation on April 4 so that families can celebrate Easter together. Loved ones can also visit during expanded in-person visitation hours into the evening on Wednesdays, with visits open Tuesday – Saturday, 9:00 a.m. – 4:00 p.m. and Wednesdays 9:00 a.m. – 7:00 p.m. ○ The Home re-opened in-person visitation for veteran residents and their loved ones, starting February 10, 2021, and since then has hosted 575 visitors. ○ The Home is implementing updated guidance from DPH to ensure the safety and wellbeing of residents, staff, and those visiting. All visitors are screened and required to wear PPE and social distance, and negative test results are strongly encouraged before visiting. There is designated visitation space at each Home, and high touch surface are sanitized after each visit. ○ At least 24 slots will be offered each day, and visits are scheduled for at least 45 minutes. Visits can be scheduled by calling the Family Line at 413-552-4764. 8:00 a.m. - 4:00 p.m. ○ The Soldiers’ Home in Holyoke will also continue to offer and support virtual visitation. The Family Line is available for ad hoc updates with support from social work and clinical staff. Families can also request updates via email at CommunicationsMailbox-HLY@Mass.gov. ○ Note: The Soldiers’ Home can only share medical information about a resident with the authorized health care proxy on file. ● The Baker-Polito Administration is moving forward on the expedited capital project to plan for the future of the Soldiers’ Home in Holyoke, and the next step is passage of the $400 million bond bill which would provide capital authorization for the major project to reconstruct the long-term care facility at the Holyoke Soldiers’ Home. Secretary of Veterans’ Services Cheryl Lussier Poppe and EOHHS Assistant Secretary for Administration and Finance Alda Rego testified before the Joint Committee on State Administration and Regulatory Oversight in support of the bond bill last week, and it has since been reported favorably out of this committee. ○ The Commonwealth has been making capital investments to address the short and long-term needs of the Home, including a short-term Refresh Project, a $6 million refresh of units to significantly improve infection control for the residents and staff, and this longer-term Rapid Planning Capital Project (www.mass.gov/HolyokeSHProject) for a future Soldiers’ Home in Holyoke. ○ This bond bill is the next step of the expedited capital project, following the recommendations laid out in the needs assessment report that was released on Veterans Day, following the Rapid Planning Phase. Payette Associates is the design firm leading the design and planning phase, building on the evaluation they previously completed, and developing a full project scope, refining the plan, confirming the budget, timelines, and ensuring conformity with the regulatory process. To meet the VA State Home Construction Grant’s April 15, 2021 deadline, the bond bill must be enacted by mid-March, with a terms bill filed and enacted soon afterwards. The design development phase must be completed by August 1, 2021 to be eligible for this cycle of the grant program. ● The Soldiers’ Home in Holyoke hosted 3 onsite vaccination clinics, the last on February 9. The first and second vaccination clinics were held on December 29 and January 19. Following the completion of the vaccination clinics: ○ 117 veteran residents and 225 staff have received both doses. ○ 1 veteran resident and 11 staff have received their first dose. ○ The Home is strongly encouraging all staff to receive the vaccine. On top of the efforts to provide educational information about the COVID-19 vaccine, including COVID-19 vaccine FAQ sheets, and vaccine informational forums with clinical staff, individuals who had not been COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT vaccinated received individual outreach to provide education and encourage vaccination. All educational materials are available in both English and Spanish. ● Phase III of the Refresh Project continues on the 4th Floor. The Refresh Project is an important infection control initiative to improve the home in the immediate term for residents and staff. ● The Soldiers’ Home continues to work with Home Base, a veteran support organization that is a partnership of the Red Sox Foundation and Massachusetts General Hospital, to help improve the quality of life, increase psychosocial interventions to address isolation during the pandemic. Home Base has linked us to interactive virtual concerts provided by professional and amateur volunteers, featuring musical performances and conversation between the Veterans and musicians. The concerts occur every Tuesday and Thursday afternoon. The team at Home Base is working with Social Work, Recreation and Nursing to provide other opportunities for virtual activities. Home Base has extended their free veteran counseling offerings to our Soldier’s Home families and staff. ● The Soldiers’ Home in Holyoke is taking every precaution to mitigate COVID-19 entering and spreading at the Soldiers’ Home in Holyoke. Based on guidance from DPH, and in consultation with infection control experts, the Home is continuing mandatory 2 times per week testing for all staff and residents. Increased testing frequency will allow us to detect COVID-19 early and will continue. ● In addition to mandatory testing at state-operated 24/7 facilities, daily symptom checking and routine staff surveillance testing are important tools to protect staff, residents and visitors and will remain in place until such time there is a medical breakthrough or widespread vaccination for COVID 19. Staff who are not feeling well are instructed not to come to work and to contact their health care provider. If staff show any signs of COVID-symptoms, they are required to self-quarantine at home, per CDC guidance for health care workers. ● The Soldiers’ Home in Holyoke has been intently focused on following infection control procedures and maintaining best practices for the safety of veteran residents and staff. All veteran residents’ health is being monitored and retesting is being conducted for veterans both on- and off-site as clinically appropriate. The Soldiers’ Home’s medical team is making all clinical decisions following the latest CDC guidance, which continues to evolve as the medical community learns more about this new virus. ● In June, the Baker-Polito Administration released the independent report ordered by Governor Baker to investigate the COVID-19 outbreak at Holyoke Soldiers’ Home, and announced a series of reforms to strengthen its governance and oversight of the Home, improving staffing processes, providing quality care for our Veterans, and planning for significant capital improvements. ● The status of all residents as of March 30 is as follows: ○ Status: ■ 0 veteran residents are positive and not clinically recovered ■ 3 veteran residents are negative ■ 41 veteran residents have a pending test. Please note that all veteran residents and staff are now being tested twice weekly, which will increase the number of pending tests. ■ 71 veteran residents have been determined clinically recovered ■ 0 veteran residents have refused testing ○ Resident locations: ■ 110 veteran residents are onsite ■ 5 veteran residents are offsite ● 3 are receiving acute care offsite ● 2 domiciliary veterans are on an extended leave of absence ○ Since March 1, there have been 77 deaths of veteran residents who tested positive ○ Following the most recent staff surveillance testing ■ 0 are positive ■ All others who previously tested positive are clinically recovered COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Chelsea Soldiers’ Home Weekly Update (current as of 3/30/21) ● The Soldiers’ Home in Chelsea has re-opened in-person visitation for veteran residents and their loved ones, starting February 10, 2021, and has since hosted 207 in-person visits with veterans. ● Visitation is offered 7 days a week 9 AM to 7:30 PM. The Home is implementing updated guidance from DPH to ensure the safety and wellbeing of residents, staff, and those visiting. All visitors are screened and required to wear PPE and social distance, and negative test results are strongly encouraged before visiting. There is designated visitation space at each Home, and high touch surfaces are sanitized after each visit. ○ Eight visitation slots will be offered each day, and visits will be scheduled for at least 45 minutes long. ○ The Soldiers’ Home in Chelsea also continues to offer and support virtual visitation. ○ Families can request updates on their loved ones by contacting their assigned social worker, or emailing the Home at CSH@mass.gov. Medical information can only be shared with an authorized health care proxy. ● The Soldiers’ Home in Chelsea hosted 3 onsite vaccination clinics, the last on February 9. The first and second vaccination clinics were held on December 29 and 30, and January 19 and 20. Following the completion of the onsite vaccination clinics: ○ 159 residents and 208 staff have received both doses ○ 6 veteran residents and 67 staff have received their first dose. ● The Home remains vigilant in its infection control, including enhanced precautions throughout the facility and strict infection control protocols to keep veteran residents and staff safe, including continuing staff education, screening, and testing. ● Clinical staff closely monitor any changes in residents, and the Soldiers’ Home’s medical team is making all clinical decisions following the latest CDC guidance, which continues to evolve as the medical community learns more about this new virus. The CDC recommends making medical decisions regarding when to end isolation and determine that the patient has recovered based on symptoms and time elapsed. ● The Soldiers’ Home in Chelsea currently weekly staff surveillance testing in accordance with CMS rules. These tests are provided at no cost to employees. ● The Soldiers’ Home in Chelsea monitors the PPE supply, and continues to receive shipments of PPE. The Incident Command team at the Chelsea Soldiers’ Home continues to enforce staff use of personal protective equipment (PPE), as well as source PPE to ensure that residents and staff have access to critical safety equipment. The team continues to coordinate closely with the VA Health Care System. ● The status as of March 30 is as follows: ○ Residents ■ 0 veteran residents are positive ■ 125 veteran residents are negative ■ 48 veteran residents have recovered, meaning they previously tested positive and are now clinically recovered ■ 0 veteran residents have pending tests ■ Since March 1, there have been 31 deaths of veteran residents who tested positive ○ Following the most recent staff surveillance testing: ■ 0 employees are positive ■ All other employees who previously tested positive have been determined clinically recovered COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Communications Resources New Campaign videos added Two new :15 second videos have been added to Trust the Facts, Get the Vax Campaign Materials | Mass.gov. Feel free to use them in your outreach: • What You Need to Know • Protect Yourself and Your Loved Ones New ‘Trusted Sources’ PSA Our latest video comes from Dr. Lloyd Fisher, President of the MA Chapter of the American Academy of Pediatrics, who self- recorded a short video for us. Dr. Fisher included his daughter who took part in the vaccine trials. Please share the tweet via your networks using our #TrusttheFacts hashtag. Eligibility graphics • Use these new graphics for your newsletters and social media showing COVID-19 vaccine eligibility dates for everyone who lives, works, or studies in Massachusetts. Vaccine Equity Initiative website • Visit COVID-19 Vaccine Equity Initiative | Mass.gov for the latest on the initiative in 20 of our hardest hit communities to increase equity in COVID-19 vaccine awareness and access. FAQ for certain workers eligible in Phase 2 • Visit COVID-19 vaccinations for certain workers | Mass.gov for an FAQ and other COVID-19 vaccine eligibility requirements and information for workers in certain categories. Guidance for people who are fully vaccinated against COVID-19 • Until more people are vaccinated, prevention measures will be necessary, even for individuals fully vaccinated. Review MA’s Guidance for people who are fully vaccinated against COVID-19. CDC ‘plain language’ materials in multiple languages • Facts about COVID-19 Vaccines • Communication Resources for COVID-19 Vaccines • Myths and Facts about COVID-19 Vaccines • Benefits of Getting a COVID-19 Vaccine Other Public Messaging Resources for Communities: The COVID-19 Command Center and DPH have produced many communication resources aimed at helping communities inform and educate residents on recent executive orders and guidance related to COVID-19. COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT • Trust the Facts, Get the Vax Campaign Materials | Mass.gov • COVID-19 Vaccine Posters | Mass.gov • Preparing for your COVID-19 Vaccination Appointment flier | Mass.gov • Guide to hosting a forum on the COVID-19 Vaccine | Mass.gov Visitors to COVID-19 resources for municipalities webpage will find these new resources, and additional flyers, posters, and digital resources in multiple languages on topics such as: • When can I get the COVID-19 vaccine? • Statewide guidelines, advisories, and orders • Staying safe in the community • Using local public alert systems for COVID-19 information • Materials for Business, including: o Return to work guidance o Employee Screening Questionnaire o Business guidance – New, Temporary Capacity Limits o Updated safe store tips for retailers Resources MassSupport MassSupport is the Massachusetts Crisis Counseling Program funded by the Federal Emergency Management Agency and managed in partnership between the Massachusetts Department of Mental Health and Riverside Trauma Center, a program of Riverside Community Care. Contact MassSupport by phone at 888-215-4920 or by email at MassSupport@riversidecc.org Red Cross Virtual Family Assistance Center In order to provide support to families and communities who have suffered loss as a result of the COVID-19 pandemic, the American Red Cross has developed a Virtual Family Assistance Center (VFAC), staffed by a team of specially trained mental health, spiritual care, and health services volunteers who are: • Connecting with families over the phone to offer condolences, emotional and spiritual support, and access to available resources • Providing support for virtual memorial services for families, including connecting with local faith-based community partners • Hosting online classes to foster resilience and facilitate coping skills • Assisting families with access to national, state, or local resources such as grief counseling, legal resources, funeral information, financial information services, or veterans’ assistance • Additional state- and local-specific resources are available. People can visit: https://www.redcross.org/virtual-family-assistance-center/ma-family-assistance-center.html to access this resource with special virtual programs, information, referrals, and services to support families in need. People without internet access can call toll-free 833-492-0094 for help. All Family Assistance Center support will be provided virtually and is completely confidential and free. Department of Elementary and Secondary Education The Department of Elementary and Secondary Education (DESE) now reports on the number of positive COVID- 19 cases as reported to the DESE by school districts (including charter schools), collaboratives, and approved COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT special education schools. The data only represents what has been reported to DESE. For more information and to view the report people can visit: http://www.doe.mass.edu/covid19/positive-cases/ COVID-19 Test Site Locator MEMA, in conjunction with the COVID-19 Command Center, has developed an interactive tool that shows the locations of COVID-19 testing sites around the Commonwealth. Massachusetts COVID-19 Response Dashboard MEMA has developed and maintains a public-facing COVID-19 ArcGIS Online dashboard, available here. This dashboard is continuously updated and captures information about current COVID 19 case counts, cases by age, cases by county, hospital status, hospital bed status, death tolls, and deaths by age. Users should refresh the dashboard daily as enhancements are continuously being added. Health care facilities can learn more about requesting personal protective equipment here. Stay Informed • Get information from trusted sources. Get notified by text, email, or phone call in your preferred language. Visit https://member.everbridge.net/index/406686158291020/#/signup to sign-up for AlertsMA for the latest news on the Commonwealth’s response to COVID-19 • Take care of your emotional health: • Call 2-1-1 and choose the “CALL2TALK” option. • Samaritans is continuing operations 24/7, as always. During this unprecedented time, it can feel overwhelming to receive constant messages about COVID-19. Call or text their 24/7 helpline any time at 877-870-4673. • The Disaster Distress Helpline, 1-800-985-5990, is a 24/7, 365-day-a-year, national hotline dedicated to providing immediate crisis counseling for people who are experiencing emotional distress related to any natural or human-caused disaster, including disease outbreaks like COVID-19. This toll-free, multilingual, and confidential crisis support service is available to all residents in the United States and its territories. How to Help Out • Donate to the Massachusetts COVID-19 Relief Fund The Need for Blood Donations Continues, and Recovered COVID-19 Donors Can Help Save Lives In coordination with the U.S. Food and Drug Administration (FDA), the Red Cross is seeking people who are fully recovered from the new coronavirus to sign up to donate plasma to help current COVID-19 patients. People who have fully recovered from COVID-19 have antibodies in their plasma that can attack the virus. This convalescent plasma is being evaluated as treatment for patients with serious or immediately life-threatening COVID-19 infections, or those judged by a healthcare provider to be at high risk of progression to severe or life-threatening condition. Interested individuals can visit RedCrossBlood.org/plasma4covid to learn more. The Red Cross follows the highest standards of safety and infection control, and volunteer donors are the only source of blood for those in need. To make an appointment to donate, please visit www.RedCrossBlood.org For Immediate Release Media Advisory Three upcoming vaccine clinics: Cape Cod Community College (2 clinics) and Barnstable County Fairgrounds (1 clinic) will open for online registration on Friday, April 2 at 12:00 PM April 1, 2021 – Barnstable, MA | The Barnstable County Department of Health and Environment announced today that on Friday, April 2, 2021 at 12:00 PM, the following vaccine clinics will be posted, searchable and OPEN FOR APPOINTMENTS at www.maimmunizations.org. COVID 19 Vaccine Clinics (2) at Cape Cod Community College Dates: April 6 (Tuesday), April 7 (Wednesday) Address: 2240 Iyannough Rd, West Barnstable, MA 02668 Number of doses available at each clinic: 4/6: 1400; 4/7: 800 Times: Tuesday April 6, 10:00 AM to 4:30 PM Wednesday April 7, 1:00 PM to 4:30 PM Type of Vaccine: Pfizer Indoor clinic: Clinics at CCCC take place indoors in the gymnasium. These clinics are wheelchair accessible, with staff available to assist if necessary. Directions: See Google Maps Go to the main entrance at Cape Cod Community College, and you will be given further instructions. See a campus map at https://www.capecod.edu/media/capecodedu/content- assets/documents/campus-map.pdf COVID 19 Vaccine Clinic (1) at Barnstable County Fairgrounds Dates: April 8 (Thursday) Address: 319 Currier Road, East Falmouth, MA 02536 Number of doses: 800 Time: 10:00 AM to 3:00 PM Type of Vaccine: Pfizer Drive-thru clinic: Clinics at the Barnstable County Fairgrounds are drive-thru clinics. Directions: See Google Maps Enter the Fairgrounds off Currier Rd. and you will be given further instructions. • These clinics are available for those who meet the following criteria: All those eligible in Phase 1 and people who are 60 or older, people with 2 or more certain medical conditions, people who live or work in low income and affordable senior housing, K-12 educators, K-12 school staff, and child care workers, and certain workers. • Please arrive no more than 15 minutes before your scheduled appointment. • Individuals arriving at vaccination sites must wear a mask that covers their nose and mouth. Important Registration Tips: • Please try these direct links below, which may help to bypass the waiting room in the registration system. Cape Cod Community College Clinics HERE Barnstable County Fairground Clinic HERE • If these links do not work, you will need to go to www.maimmunizations.org, and expect to enter the system’s “waiting room” automatically. While waiting, you will likely see the estimated wait times fluctuate between long and short periods; disregard these reported estimated wait times and persist as long as you are able. • It is important that you do not refresh the page. • When going to www.maimmunizations.org, scroll down until you see this clinic listed. We advise that you do not type in the date or any other parameters, such as “senior” or “adult” in the search. These clinics are organized by Barnstable County Department of Health and Environment and are separate from clinics offered by Cape Cod Healthcare. Barnstable County is a member of the Cape Cod COVID-19 Vaccine Consortium, comprised of Cape Cod Healthcare, Barnstable County, Cape Cod Delegation, the towns and community health centers of Cape Cod, with support from Cape Cod Community College, which has established a large -scale vaccination site at the Cape Cod Community College gymnasium. Two entities, Cape Cod Healthcare and Barnstable County Department of Health and Environment, are operating vaccination clinics at Cape Cod Community College independently of one another as of March 1. Press Contact: Sonja Sheasley, Communications Manager | (508) 375-6896 | Sonja.sheasley@barnstablecounty.org ### Weekly Count of New COVID-19 Infections: March 8, 2020 – March 27, 2021 0 5 10 15 20 25 30 35 40 45 50 55 3/15-3/213/22-3/283/29-4/44/5-4/114/12-4/184/19-4/254/26-5/25/3-5/95/10-5/165/17-5/235/24-5/305/31-6/66/7-6/136/14-6/206/21-6/276/28-7/47/5-7/117/12-7/187/19-7/257/26-8/18/2-8/88/9-8/158/16-8/228/23-8/298/30-9/59/6-9/129/13-9/199/20-9/269/27-10/310/4-10/1010/11-10/1710/18-10/2410/25-10/3111/1-11/711/8-11/1411/15-11/2111/22-11/2811/29-12/512/6-12/1212/13-12/1912/20-12/2612/27-1/21/3-1/91/10-1/161/17-1/231/24-1/301/31-2/62/7-2/132/14-2/202/21-2/272/28-3/63/7-3/133/14-3/203/21-3/275 3 1 2 0 2 0 0 0 1 0 2 0 0 0 0 1 2 5 2 0 0 0 0 2 0 2 1 2 3 0 1 4 1 3 6 6 13 22 11 7 20 24 25 53 24 20 8 8 5 10 13 21 22 0 3 3 7 53 14 2 0 1 1 1 0 1 1 0 3 0 0 1 5 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 1 1 0 0 0 0 0 1 2 2 1 0 2 0 0 0 0 0 0 New Brewster COVID-19 Cases Resident (367 Total)Long Term Care (108 Total staff & patients) Ages of Brewster Residents with Active COVID-19 Infections March 14-March 20 0-9 years (0) 0% 10-19 years (2) 9% 20-29 years (4) 19% 30-39 years (2) 10% 40-49 years (3) 14% 50-59 years (4) 19% 60-69 years (4) 19% 70-79 years (1) 5% 80+ years (1) 5% 0-9 years (0) 10-19 years (2) 20-29 years (4) 30-39 years (2) 40-49 years (3) 50-59 years (4) 60-69 years (4) 70-79 years (1) 80+ years (1) 0-9 years (1) 4%10-19 years (0) 0% 20-29 years (4) 18% 30-39 years (2) 9% 40-49 years (1) 5% 50-59 years (1) 5% 60-69 years (11) 50% 70-79 years (0) 0% 80+ years (2) 9% 0-9 years (1) 10-19 years (0) 20-29 years (4) 30-39 years (2) 40-49 years (1) 50-59 years (1) 60-69 years (11) 70-79 years (0) 80+ years (2) March 21-March 27 % COVID Infections in Age Groups % COVID Infections in Age Groups BREWSTER RESIDENT VACCINATION TOTALS DATA AS OF 3/23/2021 Town Age Group Population Proportion of town population Individuals with at least one dose Individuals with at least one dose per capita Proportion of town individuals with at least one dose Fully vaccinated individuals Fully vaccinated individuals per capita Proportion of town fully vaccinated individuals Partially vaccinated individuals Partially vaccinated individuals per capita Proportion of town partially vaccinated individuals Brewster 0-19 Years 1,539 16%********* Brewster 20-29 Years 681 7%119 17%3%82 12%4%37 5%2% Brewster 30-49 Years 1,444 15%389 27%10%227 16%10%162 11%10% Brewster 50-64 Years 2,323 23%727 31%18%354 15%15%373 16%22% Brewster 65-74 Years 2,349 24%1,508 64%38%627 27%27%881 38%52% Brewster 75+ Years 1,592 16%1,265 79%31%1,023 64%44%242 15%14% Brewster Total 9,926 100%********* * = total < 30 individuals Brewster Select Board Meeting of April 5, 2021 Consent Calendar Items 1 Consent Agenda  Beach Access Permit: Crawford Land Management for Access to Mants Landing for Sand Nourishment at 286 Robbins Hill Road Crawford Land Management is requesting access to Mants Landing for a project at 286 Robbins Hill Road. This annual project consists of the placement of sand on the property, consistent with the order of conditions. Crawford Land Management has tentative dates of April 19-21 for the project and it is expected to take a maximum of two-three days to complete. The sand, a front end loader, small excavator and skid steer will be stored on the landing overnight. ADMINISTRATIVE RECOMMENDATION We recommend the Board approve and sign the conservation restriction.  Approve Conservation Restriction for 0 Stony Brook Road The Brewster Conservation Trust requests the Select Board approval under MGL Ch. 184, ss. 31-33. The property contains many features of conservation value and is adjacent to protected land around Dollar Pond of by the Brewster Conservation Trust and the Town ADMINISTRATIVE RECOMMENDATION We recommend the Board approve and sign the conservation restriction. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator RE: Announcement on Millstone Road Project Public Forum DATE: April 2, 2021 Following our discussion about this project on March 15, the Town will convene a 4th community forum the week of June 7 – exact date & time TBD. We plan to create a new subpage on the Town website where information about the project and this forum will be posted in the coming weeks. This forum will review the 75% design project as originally proposed and will also highlight potential design revisions, including those discussed with representatives from Save Millstone Road. Town officials will answer questions and invite feedback from residents. As we have done before, residents who live on or directly off Millstone Road will be notified of this forum by postcard in advance. Residents who are unable to attend this next forum will be encouraged to submit written comments as well. Town officials will take this collective feedback into account in determining next steps on this project. Since the original intent of the stakes that marked the proposed limits of work has been satisfied, the Town will be removing those later this week as well. Office of: Select Board Town Administrator A SPONSOR OF Save the Date! *Qualifying businesses must use less than 1.5 million kWh per year and be located on Cape Cod or Martha’s Vineyard. JUNE 1-3 To learn more visit CapeLightCompact.org/MainStreets Cape Light Compact is proud to offer the Main Streets initiative to help small businesses in Brewster save energy and money. Cape Light Compact will be in your area June 1-3 to meet with businesses about ways to save energy and install energy-efﬁciency measures. Plus, for a limited time, the Compact is offering enhanced incentives* – up to 100 % on select lighting, refrigeration and other eligible electric energy-efﬁciency upgrades! Although not needed, if you wish to schedule an appointment, please call 1-855-872-5291 in advance. SAVE ENERGY SAVE MONEY IN PARTNERSHIP WITH: Dollars saved through energy efficiency can directly impact a business’ bottom line. We can help. Date Customer Name Address City, State, Zip Dear Brewster Business, Cape Light Compact, your local Mass Save® Sponsor, is partnering with the Town of Brewster and the Brewster Chamber of Commerce to bring local businesses on the spot energy assessments, at no cost to you. In one quick visit, an Energy Specialist will assess your business’ current energy use, provide a customized list of recommendations to save you energy and money, and help you develop a plan to make your business more efficient overall. You will also receive discounts up to 100% off the cost of recommended energy efficiency improvements to your building. You will also receive instant savings measures like LED lamps, faucet aerators and more all at no-cost. Our goal is to help you make your business more energy efficient, so you can: Lower overhead costs and increase profit margins Boost the comfort of your space for your customers and employees Reduce monthly energy usage and costs We will be in your area June 1-3, 2021. If you wish to schedule an appointment in advance, please call 1-855-872-5291, otherwise all you have to do is be available when we stop by, and we will handle the rest! Please have a decision maker onsite during those days, to approve and receive instant savings. The energy specialists will be following all recommended COVID-19 Health & Safety Guidelines for everyone’s safety. To learn more about how we are helping small businesses save energy and money, please visit www.capelightcompact.org/MainStreets. Sincerely, Margaret Downey Peter Lombardi Kyle Hinkle Cape Light Compact Administrator Town Administrator Chamber Executive Director A SPONSOR OF Cape Light Compact, 261 Whites Path Unit 4, South Yarmouth, MA 02664 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Brewster Select Board FROM: Donna J. Kalinick, Assistant Town Administrator for Community Development & Finance & Jill Scalise, Housing Coordinator RE: Local Initiative Program (LIP) DATE: March 29, 2021 In order to best meet the needs of the Brewster Housing program and in accordance with our Housing Production Plan, the Housing Department has developed the following suggested guidelines for potential LIP applicants to follow before they come to the Select Board for approval of their Local Initiative: 1-Meet informally with Housing Staff to discuss potential housing program 2- Present proposed housing project to Brewster Housing Partnership for review and recommendation 3- Complete the Planning Department Staff Review process which will provide input from Town Department heads 4-Engage in Community Outreach regarding the proposed new housing The new proposed Habitat for Humanity Housing on Red Top Rd. has met all of the above suggested guidelines. We are pleased to continue our partnership with Habitat for Humanity to bring more home ownership opportunities to Brewster. Please note that there is a request for a Veteran’s preference for this project which would apply to one of the homes in the initial sale and any veteran in Massachusetts, who meets the regular Habitat home ownership requirements, would be eligible. The request for Veteran’s Preference would take the place of a local preference in this case. Habitat is requesting two items from the Board this evening. 1-Vote to support the Local Initiative Program application and authorize the Chair to sign the LIP application and letter of support. 2-Vote to request the Department of Housing and Community Development (DHCD) waive the appraisal requirement and authorize the Chair to sign the waiver request letter; sample in LIP application packet. We will be available to answer any questions. Office of: Select Board Town Administrator HABITAT FOR HUMANITY of CAPE COD in partnership with the TOWN OF BREWSTER 26 Red Top Road Community Housing Local Initiative Program Application Habitat -Mission Habitat for Humanity of Cape Cod partners with families in need of an affordable home to build one of their own; fostering stability, self reliance and a strong sense of community. Habitat -Foundations •Sweat Equity: a partnership with our families. Households work 250/500 hours •Community Engagement: in partnership with a town and its citizens Habitat -Foundations •Tools: education and support •Home Ownership at affordable prices –at or around $168,250 and with affordable Mortgages •Affordability in perpetuity –protected with a deed rider; affordable to households earning at/or below 65% of AMI (subsequent sales at/or below 80% AMI) •Total of 3 single family homes at 26 Red Top Road. •Two Habitat built 3-bedroom deed restricted, affordable. •One existing 3-bedroom home retained by Mrs. Beth Finch. •Requesting veteran home preference. If a qualified veteran applicant is not identified, Habitat is requesting that 1 local preference unit be allowed. •Any allowable preferences will be determined and approved solely by DHCD. Habitat -Homes What’s Next? Project-Timeline •April 2021 – Board of Selectmen – LIP Application •DHCD sends 30-day notice to Town to allow comment •DHCD performs a site visit, project analysis •DHCD issues a Project Eligibility Letter (PEL required for ZBA application) •July/August 2021 – Application under MGL Ch 40B to ZBA and hearing(s). •October/November 2021 – Habitat closes on 26 Red Top Road. •Record Comprehensive Permit, Subdivision Plan, Deed w/Affordable Housing Restriction, and Regulatory Agreement. •Applications for funding (FHLBB, etc.) and fundraising toward infrastructure and construction, 2022 to 2023. “Build” -Timelines •Infrastructure: begin Spring 2022 •Wall raisings in September or Oct. 2022 •CO and sales in October 2023 •Delays can occur, and construction schedules can change, but this is our current plan. Project start date will be contingent on Town water to site. Habitat for Humanity The Whole is Greater than the Sum of its Parts HABITAT FOR HUMANITY of CAPE COD We all THANK YOU for… 19 Brewster Homes to Date -4/5/2021 Photo: Brewster, Paul Hush Way, August 2018 Habitat for Humanity of Cape Cod, Inc. RED TOP ROAD COMMUNITY HOUSING TOWN OF BREWSTER DHCD LIP Local Action Unit Application April 20Ϯ1 Habitat for Humanity of Cape Cod 411 Main Street Ste 6 • Yarmouthport, Massachusetts 02675 www.habitatcapecod.org • 508-362-3559 p • 508-362-3569 f Ms. Alana Murphy Program Coordinator, Local Initiative Program Department of Housing and Community Development 100 Cambridge Street, Suite 300 Boston, MA 02114 April 5, 2021 RE: Habitat for Humanity, Local Initiative Program - Red Top Road Community Housing - Brewster Dear Alana: Please find enclosed our Local Initiative Program application for Red Top Road Community Housing in Brewster, along with the accompanying attachments. We are very excited to push forward with this project. Brewster has long been a wonderful partner and we enjoy working with the municipality to increase their SHI ownership units. Following the successful construction at Paul Hush Way, we are eager to build additional Habitat homes here in Brewster. I look forward to showing you this property soon. If you have any questions regarding any of the submitted materials, I am available to discuss at any time. Thank you for your work on this project. Sincerely, Elizabeth (Beth) Hardy Wade Director of Land Acquisition & Project Development DHCD LIP Project Narrative - 26 Red Top Road, Brewster The 26 Red Top Road site came to Habitat for Humanity through its owner, Elizabeth Finch. On November 10, 2020*, Mrs. Finch entered into a Purchase & Sale agreement with Habitat for Humanity of Cape Cod, Inc. with the intention of donating a portion of her 58,370-sf parcel. See “Permitting Site Plan 26 Red Top Road, Brewster, MA Prepared for Habitat for Humanity of Cape Cod by J.M. O’Reilly & Associates, Inc. 2/4/2021”. Permitting/Site Attributes/Site Work: Permitting will be sought via Massachusetts General Law, Chapter 40B under which Habitat will propose the site be subdivided into three lots: Lot C (34,160 sf) will include Mrs. Finch’s existing home and remain owned by her family; Lot A (12,055 sf) and Lot B (12,279 sf) will be owned by Habitat until construction is completed, at which time the homes will be sold to eligible families. 26 Red Top Road has topographical variations as indicated on the site plan. The area which will comprise Habitat Lots A and B is partially treed, predominantly with oaks but also some pine. Lot B contains an existing shed and gazebo which will be removed to accommodate construction of the new home. The shed will be relocated to a spot proximate to Mrs. Finch’s home. Mrs. Finch’s home is currently accessed via stairs from her driveway. As part of redevelopment of the site, Habitat will reorient her driveway to allow for easier entry to her residence. This will allow Mrs. Finch to accommodate aging in place. Site preparation will include tree removal (as necessary), grading and fill. Site preparation for shed relocation will include new concrete footings for the shed. Habitat for Humanity met with the Town of Brewster on 6/11/2019 and 1/20/2021 to discuss the 26 Red Top Road project at “All Department Heads” meetings. In addition to those meetings, Habitat met with the Town’s Water Commission on July 26, 2019. The site has access to electricity and other public utilities. Currently a drilled well provides Mrs. Finch’s drinking water. The site is proximate to town water on Stony Brook Road. A town goal is to bring water lines down Red Top Road. At the 7/26/19 meeting, the Water Commission voted to endorse Habitat’s Red Top project but could not provide specific dates for water installation. At the 1/20/2021 meeting, the Town and its Water Department affirmed that water installation should be completed in keeping with Habitat’s plan for a Fall 2022 start of this 2-home build project. Assuming access to Town water, a 3-bedroom Cape-style ranch home with farmer’s porch will be built on each of the two Habitat owned lots. The homes will be complementary to the neighborhood and allow for the most adaptability and accessibility as the living area is on one floor. As we select families before construction, if a selected family has a disability that needs accommodation, we can easily amend construction to build and accommodate that need. Each home will be serviced by its own Title V septic system. As construction progresses, Mrs. Finch’s existing well will be abandoned for potable water use, and she will be tied into Town water to accommodate the placement of the Habitat homes’ septic systems. Affordability: Presuming project approval, both homes will be affordable in perpetuity, protected by a Department of Housing and Community Development (DHCD) Local Initiative Program (LIP) Regulatory Agreement and Deed Rider. Both homes will count on Brewster’s DHCD Subsidized Housing Inventory (SHI). At least one of the homes will be affordable to very- low income households; households earning at or less than 65% of Area Median Income (AMI). Home sale prices will be at or around $168,250 (this reflects the 2020 home price but may be adjusted based on current incomes and calculations at time of applicant outreach). At Habitat’s sole discretion one home may be offered to households up to 80% of median income within the affordable price allowance set by DHCD. Veteran and local preference: It is our intent to offer a “veteran preference” pool for the family selection of one of the two homes at Red Top Road if approved by DCHD. Specifically, we ask that one affordable home be veteran preference, and the second affordable home to be “open” without regard to veteran preference. The definition of veteran will be as stated in Massachusetts General Law, Chapter 4, Section 7. For the “open” pool home, eligible qualified applicants who live or work in Barnstable County shall receive a preference over those who do not. There will be no Barnstable County area preference for the “veteran” pool, as veterans are defined by Massachusetts General Law, noted above. We are also requesting from DHCD that if there are no eligible veteran family applicants for the “veteran preference” home that the home revert to a local preference, whereby applicants living in the Town of Brewster, working in the Town of Brewster, employed by the Town of Brewster, or with children enrolled in Town of Brewster public schools would be eligible for the home. In conformance with DCHD standards, a maximum of 70% of the units for this project may receive a preference, with preferences awarded at the sole discretion of DHCD. Habitat Homes: These Habitat for Humanity homes will be built with our tried-and-true “sweat-equity” model. Our selected purchaser- family will partner with Habitat and invest 250 to 500 hours building their home alongside community volunteers. This promotes homeowners who are well educated on building and maintenance and fosters a true sense of community. Habitat works closely with our buyers, not only through its rigorous application process, but throughout the construction period, providing significant homebuyer education including preparation for closing, budget counseling, and workshops in caring for their home and landscaping. Sweat equity and pre-purchase workshops have proven to be key elements in fostering successful homeownership. The Town of Brewster and Habitat for Humanity of Cape Cod have a good history of working together, and we expect to continue that partner relationship. *Habitat for Humanity of Cape Cod had originally entered into a P & S with Mrs. Finch on March 14, 2019. A revised P & S was entered into on November 10, 2020 to correct an error in the original agreement. Habitat for Humanity of Cape Cod, Inc. Brewster Red Top Community Housing = completed task u = underway by/before 2020 3Q 2020 4Q 2021 1Q 2021 2Q 2021 3Q 2021 4Q 2022 1Q 2022 2Q 2022 3Q 2022 4Q 2023 1Q 2023 2Q 2023 3Q 2023 4Q 2024 1Q Purchase & Sale of Land Agreement Signed Land Closing Recorded Deed DHCD Determination of Project Eligibility Approval ZBA Comp Permit Issued Local Initiative Program (LIP) Application Regulatory Agreement & Deed Rider Community Preservation Funds Application FHLBBoston Affordable Housing Grant Applied Infrastructure/Utilities/Site Work Home Buyer Application Process Private Fundraising / All Funds Committed Wall Raising All Homes/Family & Volunteer Build Family and Volunteer Build Certificate(s) of Occupancy Homes Sold to Familes (Closings) ATTACHMENT F BREWSTER RED TOP ROAD COMMUNITY HOUSING TABLE OF CONTENTS Cover Letter Narrative Application PP. 1 -23 I. General Information p. 2 Required signatures p. 3 II. Community Support p. 4 - 5 (and attachments) III. Municipal Contact Information P. 6 IV. Development Team P. 7 - 9 (and attachments) V. Project Information P. 10 - 12 VI. Site Information P. 13 - 14 (and attachments) VII. Design and Construction P. 15 - 16 (and attachments) VIII. Surrounding Area P. 17 IX. Financing P. 18 (See attachment for Letter of Interest Cape Cod Five) X. Project Feasibility P. 18 – 20 (see also Proforma at attachments) XI. Development Schedule P. 21 XII. Marketing Outreach and Lottery P. 22 (see also Marketing & Lottery Plan attachments) XIII. Checklist of Attachments p. 23. Attachments 1.Town of Brewster - Letter of support 2.Brewster Housing Partnership -Letter of support 3.Cape & Island Veteran’s Outreach Center (CIVOC) – Letter of Support 4.Development Team Experience and Project References 5.Maps of community showing location of site and photos 6.Check payable to DHCD Enclosed 7.Rationale for calculation of affordable purchase price 8.Site control document 9.Appraisal (waiver letter and Brewster Assessor information) 10.Site plan 11.Waivers requested document 12.Sample floor plan and elevations 13.Letter of Financing – Cape Cod Five. 14.Proforma 15.Proposed marketing and lottery materials 16.Regulatory Agreement & Deed Rider 17.Additional addenda - Neighbor mailing. -1- MASSACHUSETTS Department of Housing and Community Development Local Initiative Program Application for Comprehensive Permit Projects INSTRUCTIONS Please submit three copies of the application and attachments. Note: only one set of site plan and sample elevations (attachments 11 and 12 noted on page 22) are required. An application fee, payable to the Department of Housing and Community Development, shall be submitted with the application. The schedule of fees is as follows: Project Fee plus Per Unit Fee Municipality $1,000 $30 Non-Profit $1,750 $40 All Others $4,000 $50 Mail to: Local Initiative Program Department of Housing & Community Development 100 Cambridge Street, Suite 300 Boston, MA 02114 Attn: Alana Murphy, Deputy Associate Director To complete the application electronically, simply position your cursor on a line and type. Use the tab key to move between questions. If you have any questions, please refer to the DHCD 40B Guidelines, specifically Section VI. For further assistance, contact Alana Murphy at 617-573-1301 or alana.murphy@mass.gov. NOTE: For Rental Projects, to complete information on Project Feasibility (Section X), go to the One Stop Application at http://www.mhic.com and complete Section 3 Sources and Uses and Section 4 Operating Pro Forma. Submit the sections with the Application Application Contents: I.General Information II.Community Support III.Municipal Contact Information IV.Development Team V.Project Information VI.Site Information VII.Design and Construction VIII.Surrounding Area IX.Financing X.Project Feasibility XI.Development Schedule XII.Marketing Outreach and Lottery XIII.Checklist of Attachments January 2016 -2- MASSACHUSETTS Department of Housing & Community Development Local Initiative Program Application for Comprehensive Permit Projects I.GENERAL INFORMATION Community:BREWSTER Name of Development: Red Top Road Community Housing Site Address:26 Red Top Road Developer:Habitat for Humanity of Cape Cod, Inc. 1.Type of Housing: Single Family house Rental Condominium Age Restricted 2.Project Characteristics: New Construction (2 affordable units) Conversion Rehabilitation Other Existing market rate (1 unit) 3.Total Acres: 58,494 SF (1.343 acre); Habitat portion only: 24,334 SF (.56 acre) Proposed subdivision: •Ms. Finch (current owner) retains Lot C: 34,160 SF •Habitat Lot A: 12,055 SF •Habitat Lot B: 12,279 SF Density of Project (units/acre) 2.23 all units (market and affordable) 4.Unit Count: Total Number of Units 3 Market Rate $ n/a Affordable $168,250 for each of the two, 3 bedroom units 5.Unit Prices/Rents: Market Rate $n/a Affordable $n/a -3- Required Signatures for the Comprehensive Permit Project Application Chief Executive Official Chair, Local Housing Partnership of Municipality: (if applicable): Signature:________________________ Signature: ________________________ Print Name: Mary Chaffee, Print Name: Ralph Marotti, Brewster Select Board, Chair Brewster Housing Partnership, Chair Date: Date: -4- II.COMMUNITY SUPPORT 1.Letter of Support from Municipality - Attach a letter containing a short narrative on the basics of the project, the history of the project, the ways in which the community is providing support, and how the development team has addressed any concerns the community has. The letter must be signed by the chief elected official of the community. 2.Letter of Support from Local Housing Partnership - If the community has a housing partnership, please attach a letter from them indicating their support for the project. The letter should summarize how the partnership has been working with the developer. 3.Local Contributions - Check off all that apply and provide a brief description at the end. Land donation (dollar value: Assessed total value = $479,500 (existing house: $306,000; land: $165,800 and detached shed: $7,700 in FY2021; owner will retain one lot with existing home; donating two vacant lots to Habitat) Building donation (dollar value ) Marketing assistance Other work by local staff Density increase Waiver of permit fees Other regulatory or administrative relief (specify) local waivers as requested Local funds (cash) Contingent on Spring 2021 Town Meeting Vote: Amount $100,000 Source: CPA funds HOME funds Agreement by a lender to provide favorable end-loan financing (ownership projects only) Other (specify) Habitat fundraising, including Restore income contribution, private donations, and funds from events such as our signature Ride for Homes event. Briefly explain the contributions: Friend of Habitat, Mrs. Elizabeth Finch, a year round Brewster resident, is donating a portion of her property (two parcels of a proposed three parcel subdivision) to Habitat so it can build two, 3-bedroom homes at the 26 Red Top Road location. Since this project’s inception Brewster Town staff have been heavily involved, providing support and technical assistance to Habitat for Humanity. This includes the Town Housing Coordinator, Town Administrator and Asst. Town Administrator, the Planning Department and multiple department heads. Too, the Brewster Housing Partnership and CPC committees have been supportive of this project and its application. 4.Municipal Actions and Local Plans - Briefly describe how the project fits with any planning the community has done (e.g. master plan, community development plan, affordable housing plan) and other local land use and regulatory actions that provide the opportunity for affordable housing (including multi-family and overlay districts, inclusionary zoning by-laws and ordinances). The Town of Brewster currently has made strides with its affordable housing inventory, currently at 5.6% of its year-round housing units on the Subsidized Housing Inventory (SHI as of 12/21/2020). Of the fifteen Cape Cod Towns, Brewster ranks 6th in meeting its 10% affordable housing unit goals. To its credit, Brewster continues to diligently seek ways to improve housing opportunities and diversify its housing stock. The Town of Brewster has worked closely with Habitat in the past and continues its warm reception of this Red Top Road Habitat projects. In addition to the Habitat projects, several large projects are underway, or in feasibility. These -5- include Brewster Woods (ZBA-40B) with 30 rental units being developed collaboratively by Preservation of Affordable Housing, Housing Assistance Corporation, and the Brewster Housing Authority; the former Wingate property; and proposed Millstone Road project. In recent years the town has made modifications to its Zoning bylaws to encourage the development of additional affordable housing units in town. One example: At its December 2018 Town meeting, voters acted upon and amended Brewster’s zoning by-law related to ADU’s and AADU’s. This action removed a conflicting provision and made way for opportunities for greater development of accessory dwelling units. Specific to our Red Top Road development and Brewster’s Housing Production Plan, our project meets the following HPP goals and strategies as outlined here: 1) Build support for addressing housing needs through partnerships with conservation groups and non-profit and for-profit developers, and increased commitment of local funds such as Community Preservation Act (CPA) revenue. (p.58) ; 2. Create housing that is affordable and appropriate for very low-income seniors and people with disabilities. (p.58) Habitat home plans are modified to accommodate for a disability if a lottery recipient has need; 3. Increase the variety of mixed- income housing choices in Brewster, particularly in or near commercial areas in order to support Brewster's economy and to accommodate household growth.(p.58); 4. Provide at least 10 percent of Brewster's year-round housing units as affordable housing in order to meet local and regional needs. (p.58); 5. Allow small affordable units on nonconforming lots that are otherwise unbuildable. The units may also require some form of subsidy but making additional land available could support production of scattered-site units by mission-based organizations like Habitat for Humanity, the Community Development Partnership, or the Housing Assistance Corporation of Cape Cod. (p. 65); and 6. Make good use of Chapter 40B as a vehicle for creating affordable housing. (p.70) Historically, Habitat for Humanity of Cape Cod works with those at 60-65% of AMI who are in the most cost-burdened circumstances. Our ownership units provide secure and stable housing for these families. By undertaking the 40B process we will maximize the use of these newly created in-fill lots for housing. Habitat’s Red Top Road will increase housing opportunities in Brewster. It is our plan to follow DHCD guidelines for allowable preference categories, targeting one of the two affordable homes for a veteran’s preference. If an eligible veteran’s family is not identified, we will alternatively request that one of the two homes be set aside for local preference to house a current resident, municipal employee, employee of a local business, or a household whose child attends a school within Brewster’s school district. Both Habitat-built homes will count toward Brewster’s 10% goal and be listed on its Subsidized Housing Inventory. Each home will be deed restricted in perpetuity for future homes sales at up to 80% of AMI. Dependent on funder requirements at least one of the first homes sales will be to those at 60 or 65% of AMI. At Habitat’s sole discretion one home may be offered at up to 80% of AMI. Each home will have 3 bedrooms. Habitat strives to make our homes welcome in a neighborhood, be good neighbors, and create a collaborative spirit where a whole community can be actively involved in helping to address the affordable housing crisis. We conduct community outreach for all our builds, including outreach well prior to ZBA scheduled hearings. Each outreach is tailored to the specific needs of the build-community, but typically includes a combination of mailings, presentations, and celebrations. Community members will be provided opportunities to participate in the build and other community events such as “community kick-offs”, ground-breaking ceremony and home dedications. -6- III.MUNICIPAL CONTACT INFORMATION Chief Elected Official Name Mary Chaffee Town of Brewster Select Board, Chair Address 2198 Main Street Brewster, MA 02631 Phone 508-896-3701 Email mchaffee@brewster-ma.gov Town Administrator/Manager Name Peter Lombardi Address 2198 Main Street Brewster, MA 02631 Phone 508-896-3701 x 1128 Email plombardi@brewster-ma.gov City/Town Planner Name Ryan Bennett Address 2198 Main Street Brewster, MA 02631 Phone 508-896-3701 x 1133 Email rbennett@brewster-ma.gov City/Town Counsel Name Address Shiren Everett, K P Law P.C. 101 Arch Street Boston, MA 02110 Phone 617-556-0007 Email Chairman, Local Housing Partnership Name Ralph Marotti Brewster Housing Partnership, Chair Address 2198 Main Street Brewster, MA 02631 Phone 508-896-3701 x1100 Email ralph_marotti@yahoo.com Community Contact Persons for this project Name Donna Kalinick, Assistant Town Administrator Address 2198 Main Street Brewster, MA 02631 Phone 508-896-3701 x 1130 Email dkalinick@brewster-ma.gov Name Jill Scalise, Housing Coordinator Address 2198 Main Street Brewster, MA 02631 Phone 508-896-3701 x 1169 Email jscalise@brewster-ma.gov SEverett@k-plaw.com -7- IV.DEVELOPMENT TEAM INFORMATION (include all development members) Developer Name Habitat for Humanity of Cape Cod, Inc. Address 411 Main Street, Suite 6, Yarmouth Port, MA 02675 Phone 508-362-3559 x 24 Email land@habitatcapecod.org Tax ID 2229004301 Contractor Name Habitat for Humanity of Cape Cod, Inc. Address 411 Main Street, Suite 6, Yarmouth Port, MA 02675 Phone 508-362-3559 x 24 Email Tax ID Architect Name Address land@habitatcapecod.org 2229004301 Kurt Raber Catalyst Architecture/Interiors, Inc. Phone 508-362-8382 Email Tax ID Engineer Name Address Phone Email Tax ID Attorney Name Address kurtraber@capearchitects.com 043428243 John O’Reilly JM O’Reilly & Associates, Inc. PO Box 1773, Brewster, MA 02631 508-896-6601 joreilly@jmoreillyassoc.com 261545790 Warren Brodie Law Offices of Warren H. Brodie, PC 2 Salt Hay Road, Waquoit, MA 02536 Phone 617-584-8152 Email wbrodie@whbrodielaw.com Tax ID 043284332 Housing Consultant Name N/A Marketing/Lottery Agent Name Habitat for Humanity of Cape Cod, Inc. Address 411 Main Street, Suite 6, Yarmouth Port, MA 02675 Phone 508-362-3559 x 24 Email land@habitatcapecod.org Tax ID 2229004301 -8- TEAM EXPERIENCE – DEVELOPER/CONTRACTOR QUALIFICATIONS Complete the charts on the following pages for all housing projects undertaken by the developer and the contractor during the past five years. Include projects currently in construction. Provide owner references for each project, including a current phone number. Alternatively, a resume outlining the experience that covers the items listed on the chart below may be submitted. 1. Developer: PLEASE SEE ATTACHED Project Summary Project #1 Project #2 Project #3 Project #4 Project Name: Community Address: Housing Type: Number of Units: Total Development Costs: Subsidy Program (if applicable): Date Completed: Reference: Name and Telephone #: 2. Contractor: PLEASE SEE ATTACHED Project Summary Project #1 Project #2 Project #3 Project #4 Project Name: Community Address: Housing Type: Number of Units: Total Development Costs: Subsidy Program (if applicable): Date Completed: Reference: Name and Telephone #: 3.Other Chapter 40B Experience Have you or any members of your team had previous Chapter 40B experience with DHCD and/or other subsidizing agencies? Yes No If yes, please explain. Habitat for Humanity of Cape Cod, Inc. has had multiple successful DHCD LIP 40B projects throughout Cape Cod. Please also see attached document. 4. Bankruptcy / Foreclosure Have you or any entities you control ever filed for bankruptcy or have had a property foreclosed? Yes No -9- DEVELOPER CERTIFICATION The undersigned hereby certifies that he/she is Executive Director (Title) of Habitat for Humanity of Cape Cod, Inc. (Legal Name of Applicant) and that the information requested below for the project known as Red Top Road Community Housing (Project Name) is complete and that all information contained in this application is true and correct to the best of his/her knowledge. The undersigned Developer agrees to execute DHCD model documents, as required. If the Developer is other than a nonprofit corporation or public entity, the Developer hereby certifies that it shall comply with all reporting requirements described in 760 CMR 56.00 and as set forth in the LIP Guidelines. Signature of Developer ___________________________ Print Name: Wendy Cullinan, Habitat for Humanity of Cape Cod, Inc as its Executive Director Date 1/28/2021 -10- V.PROJECT INFORMATION 1.Type of Housing:Total Number of Units Single-Family House 3 Condo Rental Other 2.Total Number of Units Affordable 2 Market 1 3.Project Style:Total Number of Units Detached single-family house 3 Rowhouse/townhouse Duplex Multifamily house (3+ family) Multifamily rental building Other (specify) 4.Is this an age-restricted (55+) Development? Yes No If yes, please submit a marketing study that demonstrates an understanding of the region’s demographics, market demand and the particular strategies necessary to attract buyers to both market and affordable units. 5.Estimate the percentage of the site used for: Buildings 10.4% Parking & Paved Areas 12.9% Usable Open Space 76.4% Unusable Open Space N/A 6.Is any portion of the project designed for non-residential use? No If yes, explain the non-residential uses. N/A 7.Sustainable Development Design and Green Building Practices In accordance with the Sustainable Development Principles adopted by Governor Patrick’s Administration in 2007, DHCD encourages housing development that is consistent with sustainable development design and green building practices. For more information, see Appendix VI.A-1 and VI.B-1 of the 40B Guidelines for a list of links to resources and opportunities related to sustainable development. A.How will this development follow Sustainable Development Principles? The project falls within the Commonwealth of Massachusetts Sustainable Development as it Expands Housing Opportunities; Protects Land and Ecosystems; and Uses Natural Resources Wisely. B.How will the project maximize energy efficiency and meet Energy Star Standards? Habitat homes meet or exceed LEED standards (although Habitat does not seek certifications as this adds extra costs); homes use Energy Star mechanicals, highly efficient air source-heat pump and our “HERS” ratings are consistently low. When we are able to incorporate solar panels, our homes are near to, or at net zero. We are -11- very proud of recent builds in Brewster, Paul Hush Way and Wellfleet where our homes hit net zero ratings at occupancy. C.What elements of “green design” are included in the project (e.g. reduction of energy and water consumption, increasing durability and improving health)? Habitat homes use durable and/or renewable construction materials wherever available and practical. We consistently use highly efficient air-source heat pumps, we use low VOC materials, drought resistant landscaping, and seek to implement “green design and technology” as much as our budget allows. 8. Project Eligibility A.Have you ever applied for a project eligibility letter involving any portion of the site, or are you aware of any prior application for a project eligibility letter involving any portion of the site? Yes No B.Has the municipality denied a permit on another proposal for this site within the last 12 months? Yes No 9. Outstanding Litigation Is there any outstanding litigation relating to the site?Yes No -12- 10.Unit Composition Complete the chart below. Include a separate entry for each unit type according to its square foot/age and/or sales price/rent. Type of Unit # of Units # of Bdrms # of Baths Gross Sq. Ft. # of Parkin g Space s Sales Price/ Rent Condo Fee Handicap Accessible Affordable 2 3 1.5 1256 ea. 2 $168,250 See note below $60 est. (HOA) # See note below # # # Market 1 3 2 1655 2 N/A See note below # # # # Other # # NOTES: Sales price: Sales price listed is based on 2020 calculations; may be amended considering current variables including HUD AMI at the time of marketing. Handicap accessible: Habitat for Humanity of Cape Cod selects buyers before building. If a household needing accessibility were selected, the home would be built with the needed accommodations. Market rate sales price/rent: The market rate lot contains an existing home. The home will be retained by the current owner. No sale will occur. -13- VI.SITE INFORMATION 1.Total Acreage 58,494 SF (1.343 acre) Total Buildable Acreage 45,224 SF (1.038 acre) 2.Describe the current and prior uses of the subject site: The property currently contains a single-family home. The adjacent lot area is currently a mix of small pine and larger “scrub oak”. There is also a flat garden area/lawn Existing buildings on site? Yes No If yes, describe plans for these buildings: The current owner of the parcel’s home contemporary style home sits on a portion of the property. This lot will be subdivided from two newly formed parcels each of which will contain a newly constructed Habitat homes. The existing home will \ retained by the current property owner. There is also a three-bay shed/open front “barn” which will be moved onto the current property owner’s parcel. 3.Current Zoning Classification: Residential RM – Residential Medium Density (minimum lot size) 60,000 SF Commercial Industrial Other 4.Does any portion of the site contain significant topographical features such as wetlands? Yes No If yes, how many acres are wetlands? If yes, attach map of site noting wetland areas. Is map attached? Yes No 5.Is the site located within a designated flood hazard area? Yes No If yes, please attach a map of the site with flood plain designations. Is map attached? Yes No 6.Is the site or any building located on the site listed, nominated or eligible for listing on the National Register of Historic Places? Yes No 7.Is the site within a Historic District? Yes No If yes, describe the architectural, structural and landscape features of the area: . 8.In the past three years, have there been any defaults on any mortgage on the property or any other forms of financial distress? Yes No If yes, please explain: -14- 9. Indicate which utilities are available to the site: Public Sewer Private Septic Public Streets Public Water Private Wells Private Ways Natural Gas Electricity On-site Sewer Treatment Facility Other Explain: The project will be conditioned on the installation of Town Water which is anticipated by the Town of Brewster Water Department as discussed in a joint meeting between Habitat and the Water Department Commissioners on 7/26/2019. 10.Describe any known or suspected hazardous waste sites on or within a ½ mile radius of the project site. None Known. 11.Has a 21E hazardous waste assessment ever been done on this site? If so, attach a summary of the filing. Yes No 12.What waivers will be requested under the comprehensive permit? See within following pages “Waivers Requested Document” 13.Describe the current status of site control and attach copies of relevant deeds or executed agreements. A. Owned by Developer B. Under Purchase and Sale Agreement for donation. See attached C. Under Option Seller: Elizabeth W. Finch, Trustee of the Elizabeth W. Finch Revocable Living Trust Buyer: Habitat for Humanity of Cape Cod, Inc. Is there an identity of interest between the Buyer and Seller? If yes, please explain: NO. Date of Agreement 11/10/2020 Expiration Date _____ Extensions granted? Yes No Date of Extension Purchase Price $ Donation -15- VII.DESIGN AND CONSTRUCTION – PLEASE SEE ATTACHED 1.Drawings Please submit one set of drawings. Cover sheet showing written tabulation of: Proposed buildings by design, ownership type, and size. Identity and describe affordable units and handicapped accessible units. Dwelling unit distribution by floor, size, and bedroom/bath number Square footage breakdown of commercial, residential, community, and other usage in the buildings Number of parking spaces Site plan showing: Lot lines, streets, and existing buildings Proposed building footprint(s), parking (auto and bicycle), and general dimensions Zoning restrictions (i.e. setback requirements, easements, height restrictions, etc). Wetlands, contours, ledge, and other environmental constraints Identification of affordable units Identification of handicapped accessible units. Sidewalks and recreational paths Site improvements, including landscaping Flood plain (if applicable) Utilities plan showing: Existing and proposed locations and types of sewage, water, drainage facilities, etc. Graphic depiction of the design showing: Typical building plan Typical unit plan for each unit type with square footage tabulation Typical unit plan for each accessible unit type with square footage tabulation Elevation, section, perspective, or photograph Typical wall section -16- 2.Construction Information Foundations # Mkt. Units # Aff. Units Attic # Mkt. Units # Aff. Units Slab on Grade Unfinished 1 (existing) 2 (Two) Crawl Space Finished Full Basement 1 (existing home on site) 2 (Two) Other Exterior Finish # Mkt. Units # Aff. Units Parking # Mkt. Units # Aff. Units Wood* 1 existing home on site 2 (Two) Outdoor 1 (existing) 2 (Two) Vinyl Covered Brick Garage Fiber Cement 2 (Two) Bicycle Other *NOTE: Habitat uses fiber cement clapboard and/or cedar shingles to finish the home. Heating System Fuel: Oil Gas Electric Other Distribution method (air, water, steam, etc.): High efficiency air source heat pump, ducted Energy Efficient Materials Describe any energy efficient or sustainable materials used in construction: Habitat uses highly efficient air-source heat pumps for heating and cooling; and for water heating. Energy Star rated mechanicals and windows, and durable and/or sustainable materials whenever it is practical. Modular Construction If modular construction will be used, explain here: N/A Amenities Will all features and amenities be available to market buyers also be available to affordable buyers? If not, explain the differences. N/A – existing market rate home will remain in possession of current owner. -17- VIII.SURROUNDING AREA 1.Describe the land uses in the surrounding neighborhood: The subject lot at 26 Red Top Road is in a residential area of Brewster consisting of single- family homes nearby on Red Top Road and along the access route being Stony Brook Road. Red Top Road Cemetery sits at the north boundary of the subject lot. At its southside bound and extending westerly 36 Red Top Road owned by Brewster Conservation Trust is more than 50 acres of land under conservation. To the west are single family homes. 2.What is the prevailing zoning in the surrounding neighborhood? It is in the RM zone - Residential Medium Density 3.How does the project’s proposed site plan and design relate to the existing development pattern(s) of the immediately surrounding area? The lots in this zone are large (minimum allowed is 60,000 SF). In contrast our two Habitat lot with a combined total SF of 24,334 and Mrs. Finch’s lot at 34,160 SF, will present with greater density. The topography of the north bound will provide natural screening; and we will provide Leyland Cypress, or some similar species, between Lot B and the westerly abutter, and along Red Top road as space allows. Our homes are high quality and will provide a positive visual contribution to the area. They are compatible in style to other homes in the area. 4.Describe and note distances to nearby amenities and services such as shopping, schools, parks and recreation, or municipal offices. 26 Red Top Road is 1.7 miles from convenience stores at Rte. 6A and Lower Road or at the junction of Rte. 6A and Rte. 134 in East Dennis; a Stop & Shop; Healthcare Center and many other amenities are 4.1 miles from the subject property at Patriot Square Plaza in Dennis, and along Rte. 134. Municipal services at 2198 Main Street, Brewster are 4.1 miles from the site; Stony Brook School and the Eddy School are both 4.4 miles from the site. Fire Services 1657 Main Street are 3.5 miles from the site; and Police at 631 Harwich Road is 3.7 miles from the site. It is 3.9 miles to the on-ramp at Rte. 6 at 134 and 7 miles from the property to the intersection of Rte. 134 and Rte. 28. 5.Explain how developing the site contributes to smart growth development in the area (e.g. mixed use, reuse, concentrated development). In-fill lots to concentrate development with 40 B ZBA approval for the division of the lot to 3 parcels, one retained as market rate and the other two with Affordable deed riders. 6.Is the site located near public transit (bus, subway, commuter rail, etc.)? If so, indicate the type, distance to the nearest stop, and frequency of service. Cape Cod Regional Transit Authority Flex Bus service has regularly scheduled stops – periodic throughout the day- at Brewster Town Hall and at Snow Road/Rte. 137 in Brewster (both 4.1 miles from the site) with stops along the way to Provincetown or Hyannis in the opposite direction; The Cape Cod Regional Transit Authority also provides a daily general public demand response service called Dial-A-Ride Transportation (DART) which is a low cost door-to-door, ride by appointment transportation service. This service is available to all Cape Cod residents and visitors for any purpose, Monday through Saturday in all 15 Cape towns with limited service on Sunday -18- IX.FINANCING 1.Attach a letter of interest from a construction lender. Please see attached letter from Cape Cod Five Cents Savings Bank Are there any public funds to be used for this project? If yes, indicate the source, amount, use and status of funds: Habitat for Humanity has requested $100,000 in CPA funds from the Town of Brewster CPC. The award has yet to be determined. Describe the form of financial surety to be used to secure the completion of cost certification for this project N/A X.PROJECT FEASIBILITY- PLEASE SEE ATTACHED PROFORMA The section is for developers of home ownership projects. Developers of multi-family rental projects must use the One Stop Application at http://www.mhic.com and complete Section 3 Sources and Uses and Section 4 Pro Forma. Ownership Pro Forma Total Costs Per Unit Per Sq. Ft. % of Total (a)Site Acquisition $ $ $ $ Hard Costs:$ $ $ $ Earth Work $ $ $ $ Site Utilities $ $ $ $ Roads & Walks $ $ $ $ Site Improvement $ $ $ $ Lawns & Planting $ $ $ $ Demolition $ $ $ $ Unusual Site Conditions $ $ $ $ (b)Total Site Work $ $ $ $ Concrete $ $ $ $ Masonry $ $ $ $ Metals $ $ $ $ Carpentry $ $ $ $ Roofing & Insulation $ $ $ $ Doors & Windows $ $ $ $ Interior Finishes $ $ $ $ Cabinets & Appliances $ $ $ $ Plumbing & HVAC $ $ $ $ Electrical $ $ $ $ (c)Total Construction $ $ $ $ (d)General Conditions $ $ $ $ (e)Subtotal Hard Costs (a+b+c+d)$ $ $ $ (f)Contingency $ $ $ $ (g)Total Hard Costs (e+f)$ $ $ $ -19- Soft Costs: $ $ $ $ Permits/Surveys $ $ $ $ Architectural $ $ $ $ Engineering $ $ $ $ Legal $ $ $ $ Bond Premium $ $ $ $ Real Estate Taxes $ $ $ $ Insurance $ $ $ $ Security $ $ $ $ Developer’s Overhead $ $ $ $ General Contractor’s Overhead $ $ $ $ Construction Manager $ $ $ $ Property Manager $ $ $ $ Construction Interest $ $ $ $ Financing/Application Fees $ $ $ $ Utilities $ $ $ $ Maintenance (unsold units) $ $ $ $ Accounting $ $ $ $ Marketing $ $ $ $ (h) Subtotal Soft Costs $ $ $ $ (i) Contingency $ $ $ $ (j) Total Soft Costs (h+i) $ $ $ $ (k) Total Development Costs (g+j) $ $ $ $ -20- Profit Analysis (should conform to the pro forma) Sources: Affordable projected sales $ Market sales $ Public grants $ (A)Total Sources $ Uses: Construction Contract Amount $ (B)Total Development Costs $ Profit: (C) Total Profit (A-B) $ (D)Percentage Profit (C/B) $ Cost Analysis (should conform to the pro forma) Total Gross Building Square Footage Residential Construction Cost per Sq. Ft. $ Total Hard Costs per Sq. Ft. $ Total Development Costs per Sq. Ft. $ Sales per Sq. Ft. $ (do not include proceeds from public grants) -21- XI. DEVELOPMENT SCHEDULE Complete the chart below by providing the appropriate month and year. Fill in only as many columns as there are phases. If there will be more than three phases, add columns as needed. Phase 1 Phase 2 Phase 3 Total Number of affordable units 2 Number of market units 1 (existing) Total by phase 3 Please complete the following chart with the appropriate projected dates: Phase 1 Phase 2 Phase 3 Total All permits granted 3rd Qtr 2021 Construction start 2nd Qtr 2022 (infrastructure) 4th Qtr 2022 (wall raising) Marketing start – affordable units 2nd Qtr 2022 (applications) Marketing start – market units N/A Construction completed 3rd Quarter 2023 Initial occupancy 3rd Quarter 2023 -22- XII. MARKETING OUTREACH AND LOTTERY – PLEASE SEE ATTACHED. Affirmative Fair Housing Marketing Plan: Please submit your Affirmative Fair Housing Marketing Plan (AFHMP), prepared in accordance with Section III of the 40B Guidelines, and a description of the lottery process that will be used for this project. This shall describe: • Information materials for applicants that will be used that provides key project information; • Eligibility requirements; • Lottery and resident selection procedure; • Any preference system being used (Note: if local preference is proposed for this project, demonstration of the need for local preference must be demonstrated and accepted by DHCD); • Measures to ensure affirmative fair marketing including outreach methods; • Application materials that will be used; and • Lottery Agent. -23- XIII. CHECKLIST OF ATTACHMENTS The following documentation must accompany each application: 1. Letter of support signed by Chief Elected Officer of municipality 2. Letter of support from local housing partnership (if applicable) 3. Signed letter of interest from a construction lender 4. Map of community showing location of site 5. Check payable to DHCD 6. Rationale for calculation of affordable purchase prices or rents (see Instructions) 7. Copy of site control documentation (deed or Purchase & Sale or option agreement) 8. 21E summary (if applicable) 9. Photographs of existing building(s) and/or site 10. Site Plan showing location of affordable units 11. Sample floor plans and/or sample elevations 12. Proposed marketing and lottery materials N. B.: Appraisal: DHCD will commission an appraisal, for which the sponsor of the project will pay. We will not issue a Project Eligibility Letter until that appraisal has been completed and accepted by DHCD. Regarding Appraisal, please find appraisal waiver letter at attachments. ATTACHMENT 1 Hold for Town Support Letter Attachment 1 - Town of Brewster Letter of Support ATTACHMENT 2 August 27, 2020 Brewster Select Board Brewster Town Offices 2198 Main Street Brewster, MA 02631 Brewster Housing Partnership 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 RE: Recommendation for Consideration of a Local Initiative Program (LIP) Project Office of: Select Board Town Administrator The Brewster Housing Partnership recommends consideration of a proposed 40B rental housing project being developed by Habitat for Humanity as a Local Initiative Program (LIP) project. In September 2019 and July 2020, Beth Wade, Land Acquisition and Permitting Manager for Habitat for Humanity, met with the Housing Partnership presenting the organization's work to date sunounding feasibility of a potential project at 26 Red Top Road and soliciting feedback on further considerations that should be taken. Based on the information provided to date, the Housing Partnership believes that this project would be of benefit to the Town and nicely align with the strategies outlined in the Town's Housing Production Plan, which includes making use of Chapter 40B as a vehicle for creating affordable housing. Since the initial discussion in September 2019, Habitat for Humanity has made changes to its proposal for the project and would like to offer one of the two three-bedroom homes using Veterans' preference. We are supportive of this change given the need for affordable homes in this underserved population. We appreciate your work to date on the Town's housing initiatives and your further consideration of the proposed 40B housing project being developed by Habitat for Humanity as a potential LIP Project. Thank you. Sincerely, Ralph Marotti Chair, Brewster Housing Partnership Attachment 2 - Housing Partnership Letter of Support ATTACHMENT 3 November 6, 2020 Ms. Alana Murphy, Deputy Associate Director Local Initiative Program Department of Housing & Community Development 100 Cambridge Street, Suite 300 Boston, MA 02114 Connecting veterans, families and the community since 7 983 569 Main Street • Hyannis, MA 02601 508. 778.1590 • Fox 508. 778. l 094 copeondislandsvoc.org RE: Veteran/Local Preference for Red Top Road Community Housing Project, Brewster, MA Dear Ms. Murphy, As the Executive Director of the Cape and Islands Veterans Outreach Center (CIVOC) I am writing in support of the Red Top Road Community Housing Project and Habitat for Humanity of Cape Cod. Given affordable housing and veteran homelessness are key issues for our region, CIVOC is especially supportive of the Town of Brewster's effort to offer a portion of the Red Top Road Community Housing project with a Veteran preference. Per the 2018 Census, Veterans comprise nearly 10%, or over 19,000, of the total population on the Cape and Islands. This is nearly twice the State average of 5.8%. Even more concerning is the fact that 4.4% of this population, over 850 individuals, live below the poverty line. Over the course of FV20 there were nearly 220 veterans who accessed homeless services on the Cape and Islands. Including those who are near homelessness, on any given night there are over 50 veterans who are actively without permanent housing living in our community. This Project and the proposed Veteran's preference provides housing to an underserved, under documented population. The Red Top Road Community Housing Project will help to ensure veterans achieve a lasting reintegration into the families and communities for which they have sacrificed. The Cape and Islands Veterans Outreach Center resoundingly supports this project and the efforts of Habitat for Humanity of Cape Cod. On behalf of the Veterans in our community we advocate for the Department of Housing & Community Development to support the Red Top Road Community Housing Project, and we thank you in advance for your commitment to the individuals who have served and sacrificed for our country and community. Sincerely, ,4� Executive Director -Serving Veterans of All Conflicts and Eras ~ Attachment 3 - CIVOC Letter of Support ATTACHMENT 4 Development Team, and Board Members’ Experience, and Recent Projects Habitat for Humanity of Cape Cod partners with families in need of an affordable home to build one of their own, fostering stability, self-reliance, and a strong sense of community. Attachment 4 - Development Team Experience & Project References Our Homes: Habitat for Humanity of Cape Cod has built 146 homes throughout the Cape Cod region since our founding as an affiliate of Habitat for Humanity International in 1988. Currently we have 27 open and active building permits, and the potential of 7 plus homes in pre-development, feasibility and permitting. Our Construction Team: Habitat relies on the skills and passion of over 600 volunteers. On any given job site, anywhere from 130-260 different volunteers will give of their time and resources to help build the homes and ensure our success. We have volunteers with specialized skills or licenses, others with decades of experience working with their hands, and we also have volunteers who have never worked with tools before. All are welcome! We have active volunteers in their nineties and volunteers as young as six (while construction volunteers must be at least 16 years old, we have woodworking and other projects appropriate for youth groups). Some volunteers work a single 7- hour shift, others put in 700 hours over the course of a multi-home project. Volunteers come from the Cape and beyond, from all walks of life, and bring a variety of perspectives. They all share a simple passion: the desire to make a difference for working families on Cape Cod and doing so while working side by side with their neighbors. Habitat also relies on Bob Ryley as our Director of Construction. Bob has forty plus years’ experience as a general contractor and sub-contractor in wood frame, has worked throughout the Cape and Islands, and has made training and instruction a focus. Bob was a member of the Habitat Board from 2006 to 2010, and volunteered as a Crew Leader, an Instructor, and on a Youth United home. Bob is a member of the Green Building Council, Cape Cod’s Climate Change Collaborative and has been a driving force behind Habitat’s efforts to reach Net Zero. Barry Clickstein and Bob Leary both serve Habitat as stipend-volunteer construction Site Supervisors. Mr. Leary, a retired shop teacher at Falmouth high School, has been a Habitat volunteer for over twenty years, worked as a builder in an early career and is a licensed contractor. Mr. Clickstein is a talented carpenter and respected leader and got the Habitat “bug” after volunteering on his first Habitat construction site in 2007. Each of these fine gentlemen lead crews of 8-30 volunteers, supervising the work, assigning tasks to capable and loyal volunteers, and teaching tasks to novices. Desmond McMahon has been on the Habitat staff as a Lead Carpenter since 2012. He had made his living in residential and commercial construction before joining Habitat’s staff. While a builder in the private sector, he attained 10-year volunteer status with Habitat helping on Saturdays and participating on disaster relief trips with Habitat crews. Mike Sullivan joined the staff in 2017, when the affiliate’s growth necessitated another Lead Carpenter to supervise and lead crews of volunteers at multiple jobs sites. Before joining Habitat, Mike spent over 35 years as a self-employed designer and builder of residential properties. All construction staff have construction supervisors’ licenses. Habitat is led by Executive Director, Wendy Cullinan. After an extensive open search process, Wendy was unanimously affirmed by the Board of Directors to assume the responsibility of Executive Director on January 1, 2020. As Habitat Cape Cod’s Resource Development Director 2013-2019, Wendy ably managed all fundraising operations, including grant proposals, corporate relations, marketing, and communications. She also worked closely with and grew Habitat’s relationships with the faith-based community, and volunteer committees focusing on special events and ReStore development. Prior to her position at Habitat, Wendy enjoyed working as a consultant for several Cape Cod non- profits including, the National Marine Life Center, Association to Preserve Cape Cod, Woods Hole Research Center and Gosnold Treatment Center. Earlier in her career she worked in restaurant management and event planning. Originally from Connecticut, Wendy has raised her three children in Sandwich, where she was a volunteer for many school programs, taught Art History and was a member of the School Council. Warren Brodie is Habitat’s Permitting Attorney. Warren is the principal of Law Offices of Warren H. Brodie, P.C., a law firm with offices in Wellesley and Falmouth, MA. He has been in private practice since 1979. The firm specializes in construction law and litigation, including the representation of developers, general contractors, subcontractors, and material suppliers at all levels of the judicial process, including the Massachusetts Appeals Court and Supreme Judicial Court. Warren has been involved with Habitat since 2003 primarily involved with land acquisition and permitting, including Comprehensive Permits under Massachusetts General Laws, chapter 40B. Warren has been involved in over 90 Habitat homes. Elizabeth (Beth) Hardy Wade is Habitat’s Director of Land Acquisition & Project Development. Beth has been involved in real estate and the construction industry for over 25 years. She has held Real Estate Brokers licenses in Maine and Massachusetts. She also has broad experience with Affordable Housing and the non-profit sector through her position as the Executive Director of CHAMP Homes in Hyannis, and her work with the Friends of Chatham Affordable Housing Committee and the Community Development Partnership. Beth joined Habitat in 2018. Habitat also has a strong staff that supports the breadth and depth of programs that make up the Habitat experience. Habitat staff also includes a Family Programs Manager, a Volunteer Services Manager, a Finance Director, a Resource Development Director, a Fundraising Events Coordinator, as well as office staff, office volunteers, and key contractors (including a conveyance attorney and engineer). Resumes are available on request. Habitat for Humanity of Cape Cod, Board of Directors 2020-2021 The Board is made up of dedicated individuals from many fields, including construction, real estate, social services, finance, and faith leadership. Their collective expertise helps guide our programs, informs our strategic direction, and assesses the effectiveness of our organization. These men and women lead us in our mission to build homes, hope, lives, and community. OFFICERS Wil Rhymer President – Wil is the Assistant Vice President and Branch Manager of the Cape Cod Five Cents Savings Bank’s Wellfleet and Provincetown locations. A native of the US Virgin Islands, Wil was a department head at the VI Department of Labor before moving to Cape Cod in 1991. Wil is an advocate for the sustainability of our community and affordable housing and has expertise and experience with a range of non-profit organizations. Wil first joined the Board of Habitat for Humanity of Cape Cod in 2010 and served as Board President from 2014-2017. He has also served as a Treasurer for the Provincetown Chamber of Commerce and Wellfleet SPAT, and serves on the board of the Community Development Partnership. Wil has business degrees from Babson School of Financial Studies, New England College of Business and Finance, and Cheney University. Steve Jenney Vice President - Steve is CEO and President of Oceanside, Inc. Steve has been involved in the restoration industry for over 25 years. Serving as Director of Operations at Oceanside for over 20 years and having worked previously as an Insurance Adjuster for a local adjustment firm. In 2012, Steve had the opportunity to purchase Oceanside, Inc. Steve holds a Mass. Construction Supervisors license as well as many other certifications. He was born and raised on Cape Cod and attended schools in Yarmouth. He now lives in West Barnstable with his significant other, Eileen Kennedy. He is the proud father of three daughters and two stepsons. Four of our five children have recently graduated from college and the youngest in her junior year at Seton Hall. Steve and Ellen are avid golfers and spend time between the Cape and Myrtle Beach when the weather changes. Oceanside is proud to be a supporter of many charitable organizations on the Cape including Cape Kids Meals, Community Connections, Cape Cod Military Foundation, and the Sandwich Food Pantry to name a few. John Schoenherr Treasurer- John, now retired, had a career in high tech, managing the development of Business Intelligence applications for Oracle. In 2016, John became a construction volunteer with Habitat Cape Cod and has since become a familiar face on a number of sites. In 2019 he joined a team of volunteers to transition our organization to Habitat Connect, our new platform for volunteer management, and in 2020 he started providing assistance in the area of financial reporting and analysis. John lives in Centerville. Jaime Carey Clerk- Jaime is the former Chief Operating Officer and Chief Merchant of Barnes & Noble, Inc., the world’s largest retail bookseller. His senior leadership responsibilities included the areas of strategic planning, marketing, merchandising, e-commerce, and new store development. Jaime served for eight years on the Board of the National Book Foundation, the presenter of the National Book Awards. He is currently a member of the Advisory Committee for Habitat’s ReStores here on the Cape. In addition, he was a family partner and construction volunteer on our Marston’s Mills build. Jaime and his wife Rosemary live in North Falmouth near the Shining Sea Bikeway, which they both love to ride. Josh Jalbert Assistant Clerk - Josh has worked at Shepley Wood Products of Hyannis for 8 years and is currently in an Outside Sales position. He was born and raised on Cape Cod into a large family. He has 13 aunts and uncles most of whom still live and work on the Cape and too many cousins to name! He grew up in the home building industry and is proud to be serving Habitat and local community in which he lives. He currently resides in South Dennis and enjoys spending time on the beach or at the parks with his wife Farran and 4-year-old son Russell. DIRECTORS Matt Anderson Matt is the owner of Anderson Framing & Remodeling, a Cape Cod based residential framing contractor. Prior to operating Anderson Framing & Remodeling Matt attended Northeastern University where he graduated in 2004 with a dual concentration in Finance and Entrepreneurship. In addition to sitting on the Habitat for Humanity board Matt also currently serves as President of the Home Builders and Remodelers Association of Massachusetts, sits on the Town of Sandwich Finance Committee and is past President of the Home Builders and Remodelers Association of Cape Cod. Matt first became involved with Habitat in 2013 providing the labor to frame the 1st Blitz Build home in collaboration with HBRACC. He has since provided framing labor for all four Blitz Build houses HBRACC has built. Currently Matt resides in East Sandwich with his wife Stephanie and their two daughters Addison and Audrey. Warren Brodie Warren is the principal of Law Offices of Warren H. Brodie, P.C., a law firm with offices in Falmouth and Wellesley, MA. The firm specializes in construction law and litigation, including the representation of developers, general contractors, subcontractors, and material suppliers at all levels of the judicial process, including the Massachusetts Appeals Court and Supreme Judicial Court. Warren has been involved with Habitat since 2003 primarily with land acquisition and permitting, including Comprehensive Permits under Massachusetts General Laws, chapter 40B. Warren has been involved in over 80 Habitat homes. John DeMello John has served as President and CEO of The Barnstable Group since 2011. In his words, “CEO should stand for Chief Explanation Officer because providing context and teaching are the most important aspects of the position. Being the CEO of The Barnstable has been a great fit, allowing me to add value to an already great business.” A 1988 graduate of the University of Massachusetts, Amherst, with a Bachelor’s in Finance and Accounting, John joined The Barnstable in 1996 as Treasurer. The needs of policyholders, who count on The Barnstable to put their lives back together at their greatest time of need, and the partnerships with its independent agents are particularly important to him. For John, a life-long resident of Dartmouth, each crossing of the Sagamore Bridge reinforces that the Cape is an island with its own unique culture and geography. “I love the ocean,” he adds, “and spend most of my free time on the water boating and fishing.” He believes in Habitat’s mission to sustainably provide access to affordable housing on Cape Cod. Michael Duffany Mike is the owner of M. Duffany Builders, has been a builder in the town of Falmouth for over 30 years. He is active in many aspects of the Falmouth community, as a Town Meeting member, board member of Falmouth Community Television and The 300 Committee, past president of the Home Builders and Remodelers Association of Cape Cod. He is also active with organizations such as The Alliance for Community Preservation, the Boy Scouts, and is co-founder of Falmouth Youth Football, and has donated his company’s time, expertise, and employees for all Blitz Builds since the first in 2013. Rabbi David Freelund David is the rabbi of the Cape Cod Synagogue in Hyannis where he has been for the last thirteen years. Prior to living on the Cape, he served a community in Tucson, AZ where he was introduced to Habitat. His other interests include music, cooking, and social justice. He and his wife, Bettina, live in Centerville. Patricia Mormann Patricia, now retired, has thirteen years of marketing and communications experience in the HVAC industry. In addition, she also served as a market analyst and director of business development. She has background in governance and strategic planning and appreciates the special challenges volunteer organizations face. Initial Habitat involvement grew from church mission trips to the Gulf coast following hurricane Katrina. After moving to the Cape in 2011, she and her husband have increasingly supported the work of Habitat in this region. Kathleen Nagle Kathleen is a top producing Real Estate Agent with Kinlin Grover working out of their Wellfleet office. She specializes in representing clients who want to purchase single-family homes or income/investment property on the Outer Cape. Prior to moving to the Cape, she worked for the Nine West Group at their corporate headquarters in Stamford, CT. When Kathleen moved to the Cape in 2000, she was introduced to Habitat by working on a build site in Orleans as well as in Chatham. From there she served on the Family Selection Committee, and then as a Family Partner in Eastham and Wellfleet. Kathleen lives in Wellfleet. Sue Partridge Sue is an HR professional with over 25 years of experience. She is Director of Human Resources for Convention Data Services in Bourne, MA, where she has been for 10+ years. She is also held HR leadership positions in healthcare and human services and began her career in banking and manufacturing. Sue is active with the Cape Cod Human Resources Association, currently serving as VP/Program Chair. She also serves on the SHRM MA State Council. Sue earned her BA from Bridgewater State University and holds SPHR and SHRM-SCP designations. She grew up in Norwood, MA, spent much of her adult life in the Wrentham and Plainville areas, moving to the Cape 11 years ago, when the nest emptied. Sue and her husband Brad live in West Barnstable with their 13-year-old Bichon Frise. They are very lucky to have 2 sons, 2 daughters-in-law and a precious granddaughter who they love to spend time with. Sue also enjoys the beach, yoga, reading and all the other good things life on the Cape can offer. Leslie Schneeberger Leslie took the helm of the Siemasko + Verbridge, SV Design, Chatham office in 2015, where she heads up SV Design’s practice on the Cape and Islands. A long-time Cape Cod resident and accomplished architect, Leslie has a passion for designing innovative buildings that complement their surroundings, elevate the community, and enrich their owners’ daily lives. Over the past fifteen years, she has designed and administered the construction of custom homes and commercial projects throughout the Cape. Leslie earned a Master of Architecture from the University of Colorado; a BA from St. Lawrence University; and studied Interior Design at Pratt Institute. She serves on the building committees for the Monomoy regional High School and the Cape Cod Technical High School and Facilities committee for Pleasant Bay Community Boating. Leslie is passionate about community projects that make Cape Cod a more vibrant place for year- round living. She lives in Chatham with her wonderful family – husband and two girls – who give her a great incentive to make the Cape, our community, the best it can be. Melissa Wheeler Melissa is the co-owner of Cape Cod Cleaning Collaborative, a thriving and successful cleaning and rental management company. In 2012 Melissa partnered with Habitat for Humanity of Cape Cod to build her dream home on the end of the Yellow Brick Road in North Truro. Melissa continues to volunteer her time on construction sites, speaking at fundraising events and welcoming new homeowners to the Habitat family. Melissa is a single mother of 2 children, Ava and Dylan, and Timber the Doodle, her first and most rewarding job. Melissa employees 30 local, seasonal employees and continues to create year-round employment opportunities for her fellow Cape residents. Melissa is an artist, and passionate about giving back to the community in creative and beautiful ways. Recent Project References Project Name Address Housing Type No. of Units Total Dev Cost Subsidy Program Date Complete Reference (Town Adm) Murray Lane Harwich Single Family Ownership 6 $2,114,323 DHCD 40B Infrastructure in progress Joe Powers, Interim 508-430-7513 Willett Way Barrows Road Falmouth Single Family Ownership 10 $3,608,507 DHCD 40B Infrastructure in progress Julian Suso 508-495-7320 Quanset Road Orleans Single Family Ownership 1 $567,371 LIP/LAU In progress John Kelly 508-240-3700 Great Neck Road North Mashpee Single Family Ownership 2 $606,398 DHCD 40B In progress Rodney Collins 508-539-1400 Degrass Road Mashpee Single Family Ownership 1 $368,255 LIP/LAU 12/2020 Rodney Collins 508-539-1400 Tubman Road Brewster Single Family Ownership 6 + 8 two phases $5,525,954 DHCD 40B Phase 1: 8/2018 Phase 2: 12/2020 Peter Lombardi 508-896-3701 Durkee Lane Wellfleet Single Family Ownership 2 $848,893 LIP/LAU 10/2020 Dan Hoort (508) 349-0300 Janall Drive Dennis Single Family Ownership 2 $522,154 LIP/LAU 8/2019 Elizabeth Sullivan 508-760-6148 S. Yarmouth Road Dennis Single Family Ownership 1 $289,566 LIP/LAU 7/2019 Elizabeth Sullivan 508-760-6148 River Road Barnstable Single Family Ownership 4 $1,584,327 DHCD 40B 3/2019 Mark Ells 508-862-4610 143 Route 6 Truro Single Family Ownership 3 $1,279,919 DHCD 40B 9/2018 Rae Ann Palmer 508-214-0201 Main Street Chatham Single Family Ownership 4 $859,411 DHCD 40B 8/2017 Jill Goldsmith 508-945-5105 Virginia Street Yarmouth Single Family Ownership 6 $1,394,278 DHCD 40B 5/2017 Daniel Knapik 508-398-2231 Orchard & Quinaquisset Mashpee Single Family Ownership 2 $593,849 DHCD 40B 5/2017 Rodney Collins 508-539-1401 Old Stage Rd Barnstable Single Family Ownership 2 $437,469 DHCD 40B 8/2016 Mark Ells 508-862-4610 Rabbit Run Eastham Single Family Ownership 1 $215,336 DHCD LAU 6/2016 Jacqueline Beebe 508-240-5900 Oak Street Harwich Single Family Ownership 7 $1,389,121 DHCD 40B 7/2016 Christopher Clark 508-430-7513 Sesame Street Barnstable Single Family Ownership 2 $486,148 DHCD 40B 7/2015 Mark Ells 508-862-4610 Glenwood Falmouth Duplex Ownership 2 $306,000 DHCD 40B 1/2015 Julian Suso 508-495-7320 Bevan Way Orleans Single Family Ownership 6 $1,602,740 DHCD 40B 9/2015 John Kelly 508-240-3700 Ginger Lane Barnstable Single Family Ownership 1 $160,232 LIP/LAU 5/2014 Mark Ells 508-862-4610 Park Place Mashpee Single Family Ownership 2 $266,000 DHCD 40B 4/2014 Rodney Collins 508-539-1401 Yellow Brick Road Truro Single Family Ownership 1 $133,000 LIP/LAU 7/2013. Rae Ann Palmer 508-241-0201 Sandy Meadow Way Eastham Single Family Ownership 2 $266,000 LIP/LAU 4/2013 Jacqueline Beebe 508-240-5900 ATTACHMENT 5 Maps showing locus 26 Red Top Road Attachment 5—Maps and Photos re. 26 Red Top Road, Brewster, MA Attachment 5—Maps and Photos re. 26 Red Top Road, Brewster, MA #2 #1 #3 Location—26 Red Top Road—Oliver GIS Topo Map and Google Map #4 Attachment 5—Maps and Photos re. 26 Red Top Road, Brewster, MA Above Google Street View: See prior page site map #1 for locus—looking in easterly direc- tion on Stony Book Road from Red Top drive entrance. Above photo: View of entrance to Red Top Road from Stony Brook Road. (approximate #2 on locus map) Left photo: Looking across from entrance of Red Top Road to 227 Stony Brook Road Attachment 5—Maps and Photos re. 26 Red Top Road, Brewster, MA Above Google Street View: See prior page site map # 3 for approximate locus — looking in westerly direction on Stony Book Road from Red Top drive entrance. Above photo: Additional View of en- trance to Red Top Road from Stony Brook Road. (approximate #2 on locus map) Right photo: Looking across from en- trance of Red Top Road toward 215 Stony Brook Road. Attachment 5—Maps and Photos re. 26 Red Top Road, Brewster, MA Above GIS View nearby properties (below views from Stony Brook Road) 183 Stony Brook Road 253 Stony Brook Road 262 Stony Brook Road 210 Stony Brook Road Attachment 5—Maps and Photos re. 26 Red Top Road, Brewster, MA Top: Google Map View Red Top Road looking southerly from Stony Brook Road Above Left: Looking northerly on Red Top Road from map locus point #4 Above Right: Looking southerly on Red Top Road from map locus point #4 Above Middle: Looking down driveway into #26 Red Top Road locus point #4 Additional Photos of 26 Red Top Road, Brewster—area proposed lots Area of Proposed Lot B Area of Proposed Lot A Area of Proposed Lot A Area of Proposed Lot B Additional Photos of 26 Red Top Road, Brewster—existing home View from Driveway View from side 2 –from Lot A View of Shed to be moved View from side –from Lot B Additional Photos of 26 Red Top Road, Brewster—existing home View of west abutter from cemetery #210 Stony Brook Road Additional View of Lot B Additional View of Lot A from cemetery ATTACHMENT 6 HABITAT FOR HUMANITY OF CAPE COD, INC. REQUEST FOR PAYMENT Date: Please issue a check as follows: Name and Address: Amount: $ Purpose(s) of Payment (please be detailed): Reimbursements: If this request is for reimbursement of expenses in excess of $50.00 incurred on behalf of Habitat, please attach receipts. Requesting party must sign below. This request must also be approved in accordance with Habitat policy before payment is made. Other Requests: If this request is for other than a reimbursement, the requesting party is responsible for ensuring that a receipt or paid invoice is obtained for any amount over $50.00 to be filed with this request in the Habitat records. Requested By: Date: Approved By: Date: Check No: Account(s): Date: ATTACHMENT 7 Attachment 7- Rational for Affordable Purchase Price HOUSING PRICE MODEL 1 bedroom 2 bedroom 3 bedroom 4 bedroom 2019 Sales Price $124,250 $141,250 $158,750 $172,500 Allowable 2020 Sales Price @ 40% AMI $131,750 $150,250 $168,250 $182,900 Down payment $0 $0 $0 $0 Mortgage $131,750 $150,250 $168,250 $182,900 Interest rate 1.00%1.00%1.00%1.00% Amortization/Years 33 33 33 33 Monthly P&I Payments $391 $446 $499 $542 Tax Rate $8.56 $8.56 $8.56 $8.56 Monthly property tax $94 $107 $120 $130 Hazard insurance $99 $113 $126 $137 Private Mortgage Insurance (PMI)$0 $0 $0 $0 Condo/HOA fees (if applicable)$60 $60 $60 $60 Monthly Actual Housing Cost $644 $725 $805 $870 Necessary Income:$30,890 $34,823 $38,650 $41,765 Household Income:1 bedroom 2 bedroom 3 bedroom 4 bedroom # of Bedrooms 1 2 3 4 Sample Household size 2 3 4 5 80% Area Median Income $61,850 $69,600 $77,300 $83,500 40% Area Median Income $30,925 $34,800 $38,650 $41,750 Target Affordable Housing Cost (25% of income to housing cost)$644 $725 $805 $870 ASSUMPTIONS: Down Payment 0% Interest Rate 1% Amortization 33 Property Tax Rate $8.56 Hazard Insurance $9.00 PMI (Private Mtge Insurance)0% HOA fees, annual $60.00 Housing Affordabilty 25% ATTACHMENT 8 From the office of Kate Mitchell, Attorney at Law 761 Main Street (Rt. 6A), West Barn�;_tabl�, MA 02668 Tel: 508-362-1369 Email: kate@katemitcheflattorney.com PURCHASE AND SALE AGREEMENT Nci/tmJ;<vThis �l_l_i _day of Getel3ef, 2020. 1.PARTIES AND MAILING ADDRESSES Elizabeth W. Finch, Trustee of the Elizabeth W. Finch Revocable Living Trust 26 Red Top Road Brewster, MA 02631 hereinafter called the SELLER, agrees to SELL and Habitat for Humanity of Cape Cod, Inc. 411 Main Street, Suite 6 Yarmouthport, MA 02675 hereinafter called the BUYER or HABITAT, agrees to BUY, upon the terms hereinafter set forth, the following described Premises: 2.DESCRIPTION The land, with the building thereon, commonly known and numbered 26 Red Top Road, Brewster, Barnstable County, Massachusetts, containing 1.343 acres, more or less, as shown on a plan entitled "Plan of Division of Land in Brewster (west) Mass., as surveyed and prepared for John Hay et ux. (Kristi P.) Scale 1 in.= 40 ft, December 1973, Schofield Brothers, Inc., Inc., Registered Professional Engineers & Land Surveyors, Orleans & Framingham, Mass," which plan is recorded with the Barnstable Registry of Deeds in Plan Book 286, Page 18. ("Premises" or the "Property"). The Premises to be conveyed are being subdivided as set forth herein and will result in the Property being more particularly described as Lots A, B and C as well as an access road/driveway with cul-de-sac as shown on a draft plan entitled "Habitat for Humanity of Cape Cod, Inc. 411 Main Street,Suite 6, Yarmouthport, MA 02675 Permitting Site Plan, 26 Red Top Road, Brewster, MA", dated April 10, 2020, by J.M. O'Reilly & Associates, Inc., Professional Engineering & Land Surveying Services. (the "Plan"). The Plan is attached hereto as Exhibit A and made a part hereof. The Property is to be subdivided as shown on said Plan, or some similar Plan approved by the Brewster Board of Appeals, the final Plan creating Attachment 8 - Site Control Document Purchase & Sale Agreement RE: 26 Red Top Road, Brewster, MA SELLER: Elizabeth W, Finch, Trustee BUYER: Habitat for Humanity of Cape Cod, Inc. Page 2 of 13 Lots A & B as parcels of vacant land for the construction of single family homes and Lot C (26 Red Top Road) with the existing building(s). For grantor's title see Deed recorded with said Registry in Book 26570 Page 123. 3.BUILDINGS, STRUCTURE, IMPROVEMENTS, FIXTURES The parties intend that that on the date of the delivery of the Deed pursuant to paragraph 8 herein and immediately following the conveyance of the Premises to BUYER, the BUYER shall convey Lot C, with the building thereon, to the SELLER as a gift. 4.TITLE DEED Said Premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, or to the nominee designated by the BUYER by written notice to the SELLER at least seven (7) days before the deed is to be delivered as herein provided, and said deed shall convey a good and clear record and marketable title thereto, free from encumbrances, except: (a)Provisions of existing building and zoning laws; (b)Existing rights and obligations in party walls which are not the subject of written agreement; (c)Such taxes for the then current year as are not due and payable on the date of the delivery of such deed; (d)Any liens for municipal betterments assessed after the date of this agreement; (e)Easements, restrictions and reservations of record, if any, so long as the same do not, or could not be used in such a way as to, prohibit or materially interfere with the use of said Premises as a two lot affordable housing subdivision with a single family home on each lot. 5.PLANS The deed from SELLER to HABITAT will refer to a Plan, similar in form and substance to Exhibit A herein, of the subdivision of the Property into three lots approved by the Board of Appeals which will be recorded at the Barnstable Purchase & Sale Agreement RE: 26 Red Top Road, Brewster, MA SELLER: Elizabeth W. Finch, Trustee BUYER: Habitat for Humanity of Cape Cod, Inc. Page 3 ofl3 Registry of Deeds no later than simultaneously with said deed. Habitat shall be responsible for the preparation of the application and other required documents, and the su bmission and presentation to the Board of Appeals and other appropriate authorities of the Town of Brewster necessary for the approval and issuance of such Subdivision Plan in recordable form. 6.PURCHASE PRICE There is no agreed purchase price for said Premises as SELLER is gifting the Premises for no monetary consideration. 7.REGISTERED TITLE Intentionally deleted-not applicable. 8.TIME FOR PERFORMANCE; DELIVERY OF DEED 9. Such deed is to be delivered at 11 :00 o'clock A.M. on the 14th day from written notice from BUYER to SELLER of the satisfaction of all the conditions set forth in paragraph 34 hereof at the office of HABIT A T's counsel or the Barnstable County Registry of Deeds, unless otherwise agreed upon in writing. It is agreed that time is of the essence of this agreement. POSSESSION AND CONDITION OF PREMISE Full possession of said Premises free of all tenants and occupants, except as herein provided, is to be delivered at the time of the delivery of the deed, said Premises to be then (a) in the same condition as they now are, reasonable use and wear thereof excepted, and (b) not in violation of said building and zoning laws, and (c) in compliance with provisions of any instrument referred to in clause 4 hereof. The BUYER shall be entitled personally to inspect said Premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause. 10.EXTENSION TO PERFECT TITLE OR MAKE PREMISES CONFORM If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the Premises, all as herein stipulated, or if at the time of the delivery of the deed the Premises do not conform with the provisions hereof, then the SELLER shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said Premises conform to the provisions hereof, as the case Purchase & Sale Agreement RE: 26 Red Top Road, Brewster, MA SELLER: Elizabeth W. Finch, Trustee BUYER: Habitat for Humanity of Cape Cod, Inc. Page 4 of 13 11. 12. may be, and thereupon the time for performance hereof shall be extended for a period of thirty (30) days. FAILURE TO PERFECT TITLE OR MAKE PREMISES CONFORM etc. If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, deliver possession, or make the Premises conform, as the case may be, all as herein agreed, or if at any time during the period of this agreement or any extension thereof, the holder of a mortgage on said Premises shall refuse to permit the insurance proceeds, if any, to be used for such purposes, then any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. BUYER'S ELECTION TO ACCEPT TITLE The BUYER shall have the election, in its sole discretion, at either the original or any extended time for performance, to accept such title as the SELLER can deliver to the said Premises in its then condition. 13.ACCEPTANCE OF DEED 14. The acceptance of a deed by the BUYER shall be deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof, to be performed after the delivery of said deed. USE OF MONEY TO CLEAR TITLE. intentionally deleted-not applicable 15.ADJUSTMENTS Taxes for the then current fiscal year, shall be apportioned, as of the day of performance of this agreement, with SELLER responsible for payment of taxes accruing prior to the date of delivery of the deed and BUYER responsible for taxes accruing as of and after the date of delivery of the deed. Purchase & Sale Agreement RE: 26 Red Top Road, Brewster, MA SELLER: Elizabeth W. Finell, Trustee BUYER: Habitat for Humanity of Cape Cod, Inc. Page 5 of 13 16.ADJUS TMENT OF UN ASSESSED AND ABATED TAXES If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned on the basis of the taxes assessed for the preceding fiscal year, with a reapportionment as soon as the new tax rate and valuation can be ascertained; and, if the taxes which are to be apportioned shall thereafter be reduced by abatement, the amount of such abatement, less the reasonable cost of obtaining the same, shall be apportioned between the parties, provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 17.BROKER'S FEE intentionally deleted-not applicable 18.BROKER(S) WARRANTY Intentionally Deleted-not applicable. 19.DEPOSIT Intentionally Deleted-not applicable. 20.BUYER'S DEFAULT: DAMAGES intentionally deleted-not applicable 21.RELEASE BY HUSBAND OR WIFE intentionally deleted-not applicable 22.BROKER AS PARTY Intentionally Deleted-not applicable. 23.LIABILITY OF TRUSTEE, SHAREHOLDER, BENEFICIARY, etc. If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, nor any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or implied, hereunder. Purchase & Sale Agreement RE: 26 Red Top Road, Brewster, MA SELLER: Elizabeth W. Finch, Trustee BUYER: Habitat for Humanity of Cape Cod, Inc, Page 6 ofl3 24.WARRANTIES AND REPRESENTATIONS HABITAT acknowledges that the BUYER has not been influenced to enter into this transaction nor has it relied upon any warranties or representations not set forth or incorporated in this agreement or previously made in writing, except for the following additional warranties and representations, if any, made by the SELLER: NONE 25.ADDITIONAL TITLE MATTERS AND CONDITIONS TO BUYER'S OBLIGATIONS The BUYER's obligations hereunder are contingent upon the following:(a)No building structure, improvement or property of any kind either encroaches upon or under the Premises from other properties; (b)The Premises abut, or have legal access to, a public way duly laid out or accepted as such by the Town or City in which said Premises are located; (c)No proceeding for the exercise of the power of eminent domain with respect to the Premises or any part thereof is pending; and (d)The Premises are not located within a flood zone as identified by any state, federal or local law. 26.AFFIDAVITS AND CERTIFICATES At the closing, SELLER shall execute and deliver to BUYER the following documents: (a)An affidavit stating that SELLER is not a foreign person under Internal Revenue Code section 1445; (b)An affidavit to BUYER and BUYER's title insurance company certifying that there are no parties in possession of said Premises and that no work has been done on said Premises which would entitle anyone to claim a mechanic's or material man's lien with respect to said Premises; (c)Internal Revenue Code Section 1099 Forms and W-9 Forms; and Purchase & Sale Agreement RE: 26 Red Top Road, Brewster, MA SELLER: Elizabeth W. Finch, Trustee BUYER: Habitat for Humanity of Cape Cod, Inc. Page 7 of 13 (d)Any other affidavits and certificates customarily required by conveyancing attorneys in the Barnstable County area in connection with residential purchase and sale transactions. 27.WARRANTIES AND REPRESENTATIONS The SELLER warrants and represents the following to be true as of this date and as of the date of the closing: (a)The SELLER has not received any notice that the Premises are in violation of any federal, state or local environmental, sanitary, health or safety statute, ordinance, code, by-law, rule or regulation and that the SELLER has no actual knowledge of any such violations. (b)The SELLER has no knowledge of any pending betterment assessments, encumbrances and/or liens affecting the Premises, or the fixtures within the Premises. (c)The SELLER has no knowledge of any underground fuel or chemical storage tanks on the Premises. 28.NOTICE All notices required or permitted to be given hereunder shall be in writing and delivered in hand, or sent by facsimile ("fax"), by email, or by Federal Express or other recognized overnight delivery service, or mailed postage prepaid, by registered or certified mail, addressed to BUYER or SELLER at the address specified below or to such other address as shall be designated by written notice given to the other party. Any such notice shall be deemed given when so delivered in hand or, if sent by Federal Express or other recognized overnight delivery service, on the next business day after deposit with said delivery service, or, if so mailed, five (5)business days after deposit with the U.S. Postal Service. In the case of fax notification, the party relying on such notification shall retain and present upon request a fax confirmation sheet which shows a minimum of: the date and time of the fax, the number of pages sent, the fax number to which ii was sent, some indication that the transmission was successfully sent and that such transmission was sent readable side up. In the case of email notification, Notice shall be considered sufficient so long as the email is acknowledged as received by the recipient in writing. Simultaneously therewith, a copy of any Notice shall be sent by Facsimile Purchase & Sale Agreement RE: 26 Red Top Road, Brewster, MA SELLER: Elizabeth W. Finch, Trustee BUYER: Habitat for Humanity of Cape Cod, Inc. Page 8 of 13 or Email to BUYER's and SELLER's Attorneys at the numbers/addresses listed below. Any party may change its address for notice by written communication delivered as aforesaid. To SELLER: To BUYER: SELLER's Attorney: BUYER's Attorney: 29.EXTENSION AUTHORITY Elizabeth W. Finch 26 Red Top Road Brewster, MA 02631 Email: bbbeth oncape@comcast.net Tel: ------ Habitat for Humanity of Cape Cod, Inc. Attn: Wendy Cullinan, Executive Director 411 Main Street, Suite 6 Yarmouthport, MA 02675 Tel: 508-362-3559 Email: wendy@habitatcapecod.org Kate Mitchell, Esq. 761 Main Street, P.O. Box 160 West Barnstable, MA 02668 Tel: (508) 362-1369 Fax: (508) 362-1368 Email: kate@katemitchellattorney.com BUYER and SELLER grant to each of their respective attorneys authority to extend the time for performance herein unless written notice of revocation is received by said attorney. 30.FACSIMILE/SCANNED SIGNATURES Facsimile signatures and/or scanned signatures via email shall be binding as original signatures and duplicate signature pages may be attached as one agreement. Purchase & Sale Agreement RE: 26 Red Top Road, Brewster, MA SELLER: Elizabeth W. Finch, Trustee BUYER: Habitat for Humanity of Cape Cod, Inc. Page 9 of 13 31.APPLICABLE STANDARDS Any matter or practice arising under or relating to this Agreement which is the subject of a title, ethical, or practice standard of the Real Estate Bar Association ("REBA") shall be governed by such standard to the extent applicable, unless otherwise provided for herein 32.OTHER AGREEMENTS All offers, agreements, and other understandings made prior to this Agreement, including without limitation, the Purchase and Sale Agreement dated March 14, 2019 executed by the Parties hereto are hereby superseded, rendered null and void and shall have no further force and effect, it being the intent of the Parties that all obligations of the Parties are contained only in this Agreement and this Agreement represents the complete and full agre ement of the Parties hereto. 33.POST CLOSING COMPLIANCE AND ADJUSTMENTS If any errors or omissions are found to have occurred in any calculations or figures used in the settlement statement signed by the parties (or would have been included if not for any such error or omission) and notice hereof is given within six months of the date of delivery of the deed to the party to be charged, then such party agrees promptly to make a payment to correct the error or omission. The parties hereto also agree to execute and deliver to the requesting party whatever additional documents or amendments to existing documents are reasonably required to effectuate the sale and purchase under this agreement provided such additional documents or amendments are prepared by the requesting party, and do not in any way adversely affect, or otherwise enlarge the liability of, any of the parties relative to said sale and purchase. This paragraph 33 shall survive delivery of the deed. 34.CONTINGENCIES HABITAT'S obligation to accept a deed of the Premises shall be conditioned upon the following: Purchase & Sale Agreement RE: 26 Red Top Road, Brewster, MA SELLER: Elizabeth W. Finch, Trustee BUYER: Habitat for Humanity of Cape Cod, Inc. Page 10 of 13 (a)BUYER, at its expense and to its satisfaction in its sole discretion, obtaining the following information: (i)there are no encroachments on the Premises; (ii)there is legal access to and from Red Top Road and the Premises; (iii)there is no presence of hazardous waste on the Premises or in the immediate vicinity that is likely to impact the Premises; (iv)there are no endangered species in accordance with the Massachusetts Natural Heritage and Endangered Species Act, or the Project will not result in a "take" of state-listed species; and (v)the Premises are buildable for the intended purpose of the construction, use and occupancy of two single family affordable dwelling units and customary appurtenances thereto under all applicable land use laws, by-laws, and regulations. (b)Buyer obtaining all necessary permits and approvals, which may include, without limitation, a comprehensive permit pursuant to MGL ch. 40B for the development and construction of a total of two affordable single family dwelling units on the Premises, which dwelling units will be includable on the Subsidized Housing Inventory compiled by the Department of Housing and Community Development for the Town of Brewster; (c)the lapse of all appeal periods for all permits obtained by the Buyer with no appeals having been filed; and (d)Buyer determining whether the development and construction of two affordable single-family homes is economically and financially feasible. Buyer shall have the right, from time to time, at Buyer's sole cost, expense, risk and hazard and in all such manner as Buyer may reasonably determine, without material damage being imposed upon the Premises and remaining unrepaired, to enter upon the Premises to make, or cause to be made, engineering and development findings and assessments in respect thereto, including (without limitation) surveying, conducting percolation tests, conducting test borings in order to determine subsoil conditions of ledge, peat or other soft materials, the making of tests to determine the presence of hazardous waste, and, in general conducting other tests, analyses and studies of the Premises. Buyer intends to conduct Purchase & Sale Agreement RE: 26 Red Top Road, Brewster, MA SELLER: Elizabeth W. Finch, Trustee BUYER: Habitat for Humanity of Cape Cod, Inc. Page 11 of 13 any and all such other research and assessments as Buyer deems necessary in order to determine whether the Premises meet all regulatory and permitting requirements and whether the construction of two affordable single-family homes is economically and financially feasible. In the event BUYER determines that the conditions delineated above cannot be met or the development of the Premises is not feasible, is uneconomic, or permitting from the proper government agencies is not likely to be readily forthcoming, the BUYER may terminate this agreement by written notice to the SELLER whereupon any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 35.SELLER ASSENTS SELLER hereby assents to, and joins in, all applications made by BUYER for permitting and the li ke whether with local, state or federal permitting authorities; and cooperates with BUYER in its assessments and investigations into the feasibility of the Premises' development, use and occupancy of at least a two single family affordable homes. 36.LEAD PAINT LAW The Parties acknowledge that, under Massachusetts law, whenever a child or children under six years of age resides in any residential premises in which any paint, plaster or other accessible material contains dangerous levels of lead, the owner of said premises must remove or cover said paint, plaster or other material so as to make it inaccessible to children under six years of age. 37.SMOKE AND CARBON MONOXIDE DET ECTORS The SELLER shall, at the lime of the delivery of the deed, deliver a certificate from the fire department of the Town of Barnstable staling that said Premises have been equipped with approved smoke detectors and carbon monoxide detectors in conformity with applicable law. 38.CONSTRUCTION OF AGREEMENT This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract, is to take effect as a sealed instr ument, sets forth Purchase & Sale Agreement RE: 26 Red Top Road, Brewster, MA SELLER: Elizabeth W. Finch, Trustee BUYER: Habitat for Humanity of Cape Cod, Inc. Page 12 of 13 the entire contract between the parties, is binding upon and inures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be cancelled, modified or amended only by a written instrument executed by both the SELLER and the BUYER. If two or more persons are named herein as BUYER their obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it. 39.HABIT A T'S NOTICE OF CONSTRUCTION HABITAT acknowledges and agrees that HABITAT shall notify SELLER of the start of construction at the Premises herein a minimum of 30 days prior to the start of any construction on the Premises, including without limitation, delivery of heavy equipment, construction of driveway, construction of foundations, and beginning of volunteers arriving on site to build. [end of document text-signature page follows] Purchase & Sale Agreement RE: 26 Red Top Road, Brewster, MA SELLER: Elizabeth W. Finch, Trustee BUYER: Habitat for Humanity of Cape Cod, Inc. Page 13 of 13 FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1978, BUYER MUST ALSO HAVE SIGNED LEAD PAINT "PROPERTY TRANSFER NOTIFICATION CERTIFICATION" NOTICE: This is a legal document that creates binding obligations. If not understood, consult an attorney. SELLER -Glizabeth W. Finch, Trustee of the Elizabeth W. Finch Revocable Living Trust BUYER: Habitat for Humanity of Cape Cod, Inc. By: ( V.Qv\riu � of0.d Wendy Cullinan,\Ex� 1ve0irector ATTACHMENT 9 To be placed on Official Town Letterhead January 28, 2021 Alana Murphy, Deputy Associate Director Local Initiative Program Department of Housing & Community Development 100 Cambridge Street, Suite 300 Boston, MA 02114 RE: Waiver of Appraisal for Red Top Road Community Housing Project Dear Ms. Murphy, As the Chief Executive Officer of the Town of Brewster, I am requesting that DHCD waive the Appraisal requirement for Habitat for Humanity of Cape Cod’s, Red Top Road Community Housing Project as allowed in Section IV “Responsibilities of the Subsidizing Agency” Section B, “Allowable Development Costs”, 1 - Land Valuation page IV-4 in DHCD’s publication, “GUIDELINES (Updated December 2014) G.L. C.40B COMPREHENSIVE PERMIT PROJECTS SUBSIDIZED HOUSING INVENTORY”: “Upon written request of the Chief Executive Officer, the Subsidizing Agency may waive the appraisal requirement for proposed Projects of 20 units or less provided that the Developer submits satisfactory evidence, such as local tax assessment, limited appraisal, or opinion of value from a licensed real estate broker, that reasonably supports the acquisition cost. The purpose of such a waiver is to relieve the cost burden for smaller developments that are sponsored or supported by the local community where the reasonableness of the acquisition cost is not at issue.” On successful navigation of ZBA, the land for this project will be donated by its owner to Habitat for Humanity of Cape Cod, Inc. and therefore there will be no acquisition cost. Sincerely, Peter Lombardi, Town Administrator Attachment 9 - Appraisal Waiver & Brewster Assessor Info 2365 SEQ #: 2,5149/24/2020Key:Town of BREWSTER - Fiscal Year 2021 1:33 pm DESCRIPTION CARDBNPARCEL ID CLASS% ofSINGLE FAMILY26 RED TOP ROAD15-2-0 11 11010 %1stINSPAMOUNTDESCTYPMT NOT PMT DTSALE PRICE BK-PG (Cert)BYDOSTRANSFER HISTORY ADJ BASE SAFCD CREDIT AMTTNbhdAC/SF/UN St Ind Infl Topo Lpi 0RMFRNTZONING CURRENT ASSESSED PREVIOUS TOTAL N O T E LAND 165,800 165,800 BUILDING 306,000 302,800 NBHD 12Nbhd DETACHED 7,700 6,200 St Ind AVERAGE OTHER 0 0 AVERAGEInfl TOTAL RCNLDTY MODEL 1 RESIDENTIAL QUAL COND ADJ PRICEDIM/NOTE UNITSYB GQUALITY GOOD [100%] 1.30 STYLE 7 1.05 CONVEN/OLD [100%] FRAME 1 1.00 WD FRAME [100%] 1974YEAR BLT MEASURE NF2/14/2018 EFF.YR/AGE LIST EST2/14/2018 REVIEW MR12/18/2019 $NLA(RCN) NET AREA 1.000 1,655 424,965 28 28 %COND 0FUNC 0ECON DEPR 28 % GD 72 $306,000 BAT TCD ADJ PRICE RCNUNITSDESCRIPTIONDESCRIPTIONADJELEMENT UNITSCAPACITY BLDG COMMENTS ADJ SHF GZB A A 1.00 1.00 30 30 0.70 0.70 486 95 1 6 3 2 6 0 0 0 1 STORIES ROOMS BEDROOMS BATHROOMS FIXTURES GARAGE SPACES % BSMT FIN # 1/2 BATHS # OF UNITS 1.00 1.00 1.00 1.00 $10,647 1.00 1.00 1.00 1.00 100 S 58,370 12 1.00 A 1.00 A 1.00 120,330 1.03 A 1.00 RM3 0.90 165,790 VC 2 SOLAR PANELS $257 100 241 81 03/20/2013 02/17/1998 ALTERATIONS ALTERATIONS 5,100 8,420 08/12/2014 RJM 100 100 100 100 FINCH ELIZABETH W TRUSTEE FINCH ELIZABETH W 08/08/2012 12/08/1995 F H 1 100 26570-123 9962-284 1.340 Acres ADJ VALUE LOCATION CLASSCURRENT OWNER L E G A L L A N D D E T A C H E D B U I L D I N G S YB TOTAL RCN RCNLD SIZE ADJ 7 7 DETAIL ADJ OVERALL 1.000 1.050 EXTERIOR INTERIOR KITCHEN BATHS HEAT/ELEC A A A A A BN ID CONDITION ELEM CD CD ADJ DESC 1974 / 45 BAS OPA WDK BMU BMF BIG BIG F11 ODS L N N N N N N O O 1,655 32 294 445 445 168 168 3 1 197.21 41.76 32.63 55.68 33.71 47.99 47.99 6,361.80 2,012.00 326,391 1,336 9,592 24,776 15,003 8,062 8,062 19,085 2,012 BASE AREA OPEN PORCH WOOD DECK BSMT UNFINISHED BSMT FINISH BUILT-IN GARAGE BUILT-IN GARAGE FPL 1S 1OP OUTDOOR SHOWER + C + F F G H 19741.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 4 2 1 1 2 1 2 1 FOUNDATION EXT COVER ROOF SHAPE ROOF COVER FLOOR COVER INT FINISH HEATING/COOL FUEL SOURCE FLR & WALL CLAPBOARD GABLE ASPH/CMP SH SOFTWOOD PLASTER HOT WATER OIL PHOTO 02/14/2018 BUILDING 474,800 479,500 FINCH ELIZABETH W TRUSTEE ELIZABETH W FINCH REV LVING TR 26 RED TOP ROAD BREWSTER, MA 02631 16.28 32.45 5,500 2,200 18X27 8 SIDES ATTACHMENT 10 ATTACHMENT 11 Waivers | 1 Waivers to be Requested for 26 Red Top Road, Brewster APPLICATION FOR A COMPREHENSIVE PERMIT MGL Chapter 40B, Sections 20-23 and 760 CMR 56.00 Applicant: Site: Map/Parcel: Project Name: Date: Habitat for Humanity of Cape Cod, Inc. 26 Red Top Road, Brewster Map 15, Parcel 2 26 Red Top Road Community Housing April 5, 2021 WAIVERS REQUESTED: Habitat for Humanity of Cape Cod, Inc. requests the following waivers from local code requirements and regulations in order to promote the creation of affordable housing. Town of Brewster Zoning Bylaw §179-13 Regulations Effective in All Districts Waive the provision that no lot in the Town of Brewster shall be used for residential building purposes unless there is at least 60,000 square feet of contiguous buildable uplands. §179-15 Applicability of Regulations Waive regulations pertaining to minimum lot area, minimum lot frontage, and building setbacks as detailed below. Waivers are not needed for building height or maximum building coverage (as shown below): Lot A Dimensional Requirement Required: RM Proposed Waiver Requested Minimum Lot Size 60,000 ft2 12,055 ft2 yes Minimum Lot Frontage 150 ft 96.2 ft yes Minimum Front Yard Setback 40 ft 35.2 ft yes Minimum Side Yard Setbacks 25 ft 30.6 ft no Minimum Rear Yard Setbacks 25 ft 21.6 ft yes Maximum Building Coverage 25% 12.0% no Maximum Building Height 30 ft <30 ft no Attachment 11 – Requested Waivers Waivers | 2 Lot B Dimensional Requirement Required: RM Proposed Waiver Requested Minimum Lot Size 60,000 ft2 12,279 ft2 yes Minimum Lot Frontage 150 ft 0 ft yes Minimum Front Yard Setback 40 ft 39.2 ft yes Minimum Side Yard Setbacks 25 ft 18.6 ft yes Minimum Rear Yard Setbacks 25 ft 27.9 ft no Maximum Building Coverage 25% 11.3% no Maximum Building Height 30 ft <30 ft no Lot C Dimensional Requirement Required: RM Proposed Waiver Requested Minimum Lot Size 60,000 ft2 34,160 ft2 yes Minimum Lot Frontage 150 ft 53.8 ft yes Minimum Front Yard Setback 40 ft 174.2 ft no Minimum Side Yard Setbacks 25 ft 5.5 ft (Barn) yes Minimum Rear Yard Setbacks 25 ft 26.2 ft no Maximum Building Coverage 25% 8.0% no Maximum Building Height 30 ft N/A, existing no Waivers are requested from the previously listed dimensional requirements to subdivide as per submitted plans and to build the access driveways and homes as shown on the submitted plans. We also request a margin of plus or minus 5% to allow for insubstantial changes that may be needed based on field conditions. §179-20 Signs – General Requirements Waive applicability of sign regulations, including those promulgated by the Old King’s Highway Historic District, to any and all temporary construction signage identifying the Habitat build, donors, and other Habitat programs. Town of Brewster Subdivision Rules and Regulations §290-11 to Streets, Shoulders, Curbing §290-13 Waive all provisions related to the design and construction standards for streets, shoulders and curbing. Proposed subdivision will use a shared driveway easement to allow access to the proposed lots from Red Top Road. No streets are proposed. Waivers | 3 §290-31 Monuments Waive the provision that monuments shall be installed at all street intersections, at all points of change in direction or curvature of streets. Proposed monument locations shown on Definitive Subdivision Plan. Town of Brewster Board of Health Regulations Project complies with all Title 5 and Brewster Board of Health Regulations, other than the Fee Waiver request below. Fees Waivers are requested from all applicable fees. Fee Waivers – Under MGL Chapter 40B, the Zoning Board has the authority to grant fee waivers. Habitat typically requests waivers from local fees such as Building Department, Health Department and Fire Department. Habitat respectfully requests the Zoning Board of Appeals waive all local fee payments to the Town of Brewster. In the alternative, at the Board’s preference and request, Habitat would approach the Selectmen to approve these waivers. In addition to the above list, Habitat for Humanity of Cape Cod, Inc. requests waivers from any and all local provisions that would prohibit or impede development of the project as submitted, and reserves the right to add to the above list of waivers as needed. ATTACHMENT 12 24'-0"20'-0"7'-9"18'-5"1PROPOSED 3 BEDROOM RANCH FOR:HABITAT FOR HUMANITY OF CAPE CODIN:ON:SCALE:DRAWN BY:1/8" = 1' OR NOTEDDAVID F ALTENSHEET #DATE PRINTED:4/8/2020FRONT ELEVATION1/4" = 1'BREWSTER, MALots A & B 26 Red Top Rd. 8'-6"5'-0"30'-6"6'-0"24'-0"6'-4"26'-2"REAR ELEVATION2PROPOSED 3 BEDROOM RANCH FOR:HABITAT FOR HUMANITY OF CAPE CODIN:ON:SCALE:DRAWN BY:1/8" = 1' OR NOTEDDAVID F ALTENLEFT ELEVATIONRIGHT ELEVATIONSHEET #DATE PRINTED:4/8/2020BREWSTER, MALots A & B 26 Red Top Rd D/W REF.W02W02W02D03D03D03W02W02W0221068W02W02W02W06W06W06W05W05W05W02W02W021868D02D02D02210682106814682668W02W02W02W02W02W02W02W02W024868210681868W02W02W02W03W03W03W02W02W02D03D03D03506826684868W02W02W02W06W06W06W02W02W022668105 sq ft150 sq ft101 sq ft473 sq ft112 sq ft2'-1"3'-9"20'-9"0'-3 1/2"20'-0"2'-1"13'-2 1/2"5'-3"6'-1 1/2"3'-1"17'-7 1/2"2'-1"30'-0"23'-1"24'-0"54 1/2"11'-9"5'-6"8'-0"6'-4"9'-0"9'-6"5'-2"3'-7"3'-0"18"5'9'-10"9'-1 1/2"9'-4 1/2"5'-6 1/2"3'-1"20'-0"3'-4 1/2"3'-1"12'-6 1/2"5'-4"8'-8 1/4"2'-7"7'-4 3/4"4'-0"8'-4"7'-8"5'-4"5'-6"6'-10"6'-4"11'-10"5'-0"2'-1"9'-4 1/2"6'-4"6'-1 1/4"5'-0"3'-9"4'-8 1/4"11'-7 1/2"6'-6"3'-1"22'-2 1/2"8'-5 1/2"3'-9"3'-6 1/2"12'-3 1/4"8'-5 1/2"44'-0"6'-0"PorchBedroomWINDOW SCHEDULENUMBER QTY FLOOR CODE COMMENTSW02 11 1 244DH2449 U.30 S.29W03 1 1 244FX3049 U.28 S.31W05 1 1 CN235 U.28 S.32W06 2 1 C135 U.28 S.32LIVINGBedroomSTEPBedroomTRUSS LOAD THIS WALL22"X30" SUTTLEDOOR SCHEDULENUMBER QTY FLOOR SIZE DESCRIPTIONCOMMENTSD02 1 1 2868 6 PANELD03 2 1 3068 1/2 VIEW 2 LITE 2 PANEL3PROPOSED 3 BEDROOM RANCH FOR:HABITAT FOR HUMANITY OF CAPE CODIN:ON:SCALE:DRAWN BY:1/8" = 1' OR NOTEDDAVID F ALTENFIRST FLOOR PLAN1/4" = 1'SHEET #DATE PRINTED:4/8/2020BREWSTER , MA Lots A & B 26 Red Top Rd BASE WINBASE WINBASE WINBASE WINBASE WIN44'-0"43'-6"8'-0"14'-0"8'-0"30'-0"5'-0"20'-0"12'-0"12'-0"3'-1"20'-9"8'-3 1/2"6'-4"15'-0"4'-0"5'-0"6'-0"2'-6"2'-6"6'-6"6'-6"6'-6"8'-8"8'-8"8'-8"9'-0"44'-0"8'-6"5'-0"18'-6"12'-0"24'-0"10" SONO TUBSMIN. 48" BELOW GRADESET ON UNDISTURBED SOILTOP HEIGHT SET IN FIELD8" X 7'9" CONC. FND.8" X 16" RIBBON FTG.2'-6" X 2'6" X 1'-0" COL. FTG.3.5" LALLY COLUMNS3.5" BASE FLOOR3.5" X 9.9" VERSA-LAM GIRTDROP BULKHEAD FND.4"X8" GIRT POCKET4"X8" GIRT POCKET3.5" LALLY COLUMN30"X30"X12" COL. FTG.3.5" CONC. BASE FLOOR4PROPOSED 3 BEDROOM RANCH FOR:HABITAT FOR HUMANITY OF CAPE CODIN:ON:SCALE:DRAWN BY:1/8" = 1' OR NOTEDDAVID F ALTENSHEET #DATE PRINTED:4/8/2020BASEMENT PLAN1/4" = 1'BREWSTER, MALots A & B 26 Red Top Rd 8'-1 1/8"5'-0"82 3/4''0'-8"7'-9"18'-7"5/8" ABDAMPROOF8"X7'=9" FND8"X16" FTG2X6 PLATE3/4" SUBFLOOR9.5" I JOIST 16" OC2X6 PT SILL2/2X6 TOP PLATE2/2X12 HEADER INS. BETWEEN1/2" DRYWALL2X6X92 5/8" STUDS 16" OC1/2" SHEATHINGWHITE CEDAR SIDINGFELT UNDER W.C.1X8 FASCIA1X6 SOFFITGUTTERFREEZEDRIP EDGE5/8" PLY SHEATHINGASPHALT SINGLESFELT UNDERTRUSSES (SEE TRUSS PLAN)3.5"X9.5 VERSA-LAM GIRT3.5" LALLY COLUMN30"X30"X12" COL. PAD3.5" CONC. FLOOR9.5" I JOIST R-30 INSUALTION22" R-60 BLOWN IN FORMALDEHYDE FREE FIBERGLASSPORCH DECK DETAIL1/2" = 1'5' - 0"2X8 PT17 ¾"R-10 RIGID INS PLUSR13 FRICTION FIT BATTS= WALLS @ R232X8 PT 16" 0C5/8 ANCHOR BOLT1" FREEZE BLOCKS2X8 PT10" SONO TUBEMIN 48" BELOW GRADE3/8" STONERAFTER TIESTIES3/4 FACE6" DECKING2X122X121X3 STRAPPING 16"OC1/2" DRYWALLFINISH FLOOR3/4" SUBFLOOR2X6 PT SILLTRUSSES SUPPORTED ON OUTSIDE WALL 6 IN 12 PITCH5PROPOSED 3 BEDROOM RANCH FOR:HABITAT FOR HUMANITY OF CAPE CODIN:ON:SCALE:DRAWN BY:1/8" = 1' OR NOTEDDAVID F ALTENSHEET #DATE PRINTED:4/8/20201/4" = 1'BREWSTERLots A & B 26 Red Top Rd ATTACHMENT 13 1 July 21, 2020 Nancy Smith, President Habitat for Humanity of Cape Cod, Inc. 411 Main Street, Suite 6 Yarmouth Port, MA 02675 RE: Letter of Interest - Habitat LIP Proposal to DHCD - 26 Red Top Road, Brewster Dear Ms. Smith: Please accept this as a letter of interest in potentially financing the proposed two home affordable development at 26 Red Top Road, Brewster utilizing the Local Initiative Program. In addition, we would be interested in acting as Member Bank in a Habitat for Humanity of Cape Cod, Inc. application for Federal Home Loan Bank of Boston Affordable Housing Program grant funds to further support this project. We appreciate your confidence in the Bank and have been very pleased with our existing lending relationship which has included providing construction financing for nineteen Habitat developments to date. We look forward to the opportunity to expand this relationship by further reviewing a loan request for this upcoming project. This letter of interest does not constitute a formal offer or commitment to lend. It is subject to satisfactory completion of due diligence, credit underwriting and approval as well as other terms and conditions as determined by Cape Cod Five Cents Savings Bank. If I can be of further assistance, please contact me at (508) 247-5506 or shayes@capecodfive.com With regards, Shari L. Hayes Vice President, Commercial Loan Officer Cape Cod Five Cents Savings Bank 171 Falmouth Road Hyannis, MA 02601 Attachment 13 - Letter of Financing ATTACHMENT 14 Attachment 14 - Proforma Brewster Red Top 06.29.2020 2 HOMES FUND USES Orig: 12/18/2019 BUDGET PER UNIT PER SF % of TTL (a)0 0 0 0 Site Work/Hard Costs Drainage 0 0 0 0 Driveways and Parking 14,000 7,000 3 0 Earthwork/Topsoil 5,000 2,500 1 0 Excavate, Backfill, Septic, Waterline 43,600 21,800 9 0 Lawns, Plantings and Walkways 9,900 4,950 2 0 Other: 0 0 0 0 Roadway 103,500 51,750 21 0 Sheds 5,680 2,840 1 0 Site Landscaping & Loam Shoulders 0 0 0 0 Site Utilities (not extensions/road)26,500 13,250 5 0 Water/Wells 0 0 0 0 (b)Subtotal Site Work 208,180 104,090 41 0 Direct Construction Appliances 4,000 2,000 1 0 Cabinets & Vanities 10,000 5,000 2 0 Carpentry/Doors & Windows 82,000 41,000 16 0 Concrete 39,000 19,500 8 0 Electrical 23,000 11,500 5 0 Insulation 17,580 8,790 3 0 Interior Finish 31,000 15,500 6 0 Plumbing/HVAC 52,000 26,000 10 0 Solar Install 0 0 0 0 SAVINGS - Professional Discounts 0 0 0 0 c SubTotal Direct Construction 258,580 129,290 51 0 (d)SubTotal Site Wk & Direct Const (b + c)466,760 233,380 93 1 6% of (d)General Requirements 28,006 14,003 6 0 6% of (d)Builder's Profit 28,006 14,003 6 0 2% of (d)Builder's Overhead 9,335 4,668 2 0 e Total Gen Req, Profit, Overhead 65,346 32,673 13 0 (f)5% of a,b,c,d Construction Contingency 26,605 13,303 5 0 (g)TOTAL HARD/CONST COSTS (a+b+c+e+f)558,712 279,356 111 1 BREWSTER RED TOP COMMUNITY HOUSING Site Acquisition Proforma Brewster Red Top 06.29.2020.xlsx 2 HOMES FUND USES Orig: 12/18/2019 BUDGET PER UNIT PER SF % of TTL BREWSTER RED TOP COMMUNITY HOUSING Accounting 3,000 1,500 1 0 Architectural 500 250 0 0 Bond Premium 0 0 0 0 Construction Interest 12,375 6,188 2 0 Engineering 12,900 6,450 3 0 Family Programs/Volunteer Services 12,292 6,146 2 0 Financing/Application Fees/Appraisa 500 250 0 0 Insurance 5,684 2,842 1 0 Legal 4,500 2,250 1 0 Maintenance (unsold units)0 0 0 0 3% of home $Marketing (Affirmative Fair Housing 10,095 5,048 2 0 Permits/Surveys 2,000 1,000 0 0 Real Estate Taxes 0 0 0 0 Security 0 0 0 0 Site & Construction Supervision 70,193 35,096 14 0 Utilities 0 0 0 0 Less Discounts/Gifts in Kind 0 0 0 0 (h)Subtotal Soft Costs 134,039 67,019 27 0 (i)0 Soft Cost Contingency 6,702 3,351 1 0 140,740 70,370 28 0 (k) HARD AND SOFT COSTS 699,452 349,726 139 1 (l)0 Developer's Fee 87,432 43,716 17 0 TOTAL DEVELOPMENT COST-CASH 786,884 393,442 157 1 $336,500 Note 1 $0 $100,000 $60,000 $50,000 $240,384 $0 Note 2 $0 $786,884 Note 1: Note 2: Soft Costs (j) TOTAL SOFT COSTS FUND SOURCES Proceeds from Sale of Homes (USDA) Acquisition Funding Construction Funding FHLBB Grant-Anticipated Habitat Developer Equity Fundraising: Designated Grants & Sponsorships Solar Grants & Energy Rebates Other The "Proceeds from Sale of Homes-USDA" is based on HHCC’s Board approved August 2019 prices. We will add a solar designated funding source for this project once it is identified. ATTACHMENT 15 1 Habitat for Humanity of Cape Cod 411 Main Street, Suite 6, Yarmouth Port, MA 02675 Telephone: 508-362-3559 FAX: 508-362-3569 TBA DATE Application for Homes at 26 Red Top Road, in Brewster HOUSEHOLD INFORMATION Applicant’s Name: Co-Applicant’s Name: Date of Birth: / / Married Separated Unmarried Date of Birth: / / Married Separated Unmarried Present Address: Present Address: Mailing Address (if different from above): Mailing Address (if different from above): Home Phone #: Home Phone #: Work Phone #: Work Phone #: Cell Phone #: Cell Phone #: e-mail: e-mail: Include the names of any child or adults (other than the applicants) who will live with you in your Habitat home: Name Age M F Name Age M F PRESENT HOUSING CONDITION Number of bedrooms where you currently live: 1 2 3 4 5 Other rooms where you currently live: kitchen dining room living room bathrooms #_____ Are utilities included in your rent? No Yes If yes: heat electric cable internet Current Landlord Name: Address: Phone: If you have lived at your current address less than two years, previous landlord info: Name: Address: Phone: Do you meet the resident preference definition requirement for the town for which you are applying? (Live or work in the town, or child attends town public school?) Yes No __________________________________________________________________________________________ Are you, or is a member of your household, a USA Veteran? Yes No Name:__________________ Will you, or a member of your family, require handicap access or modifications? Yes No (If, due to a severe medical condition, a couple will require separate bedrooms, a statement and medical documentation from your physician are required to be submitted with this application.) 2 INCOME INFORMATION Please include income from ALL household members age 18 or older who receive income. Any dependent household members between the ages of 18 and 25 who are students need to supply documentation of their full-time student status. Add another page, if needed to write details. Applicant Job (1) Applicant Job (2) Co-Applicant Job (1) Co-Applicant Job (2) Gross Monthly Pay Net Monthly Pay Hours Regularly Worked Per Week Average Overtime Worked Year-round or Seasonal (start & end dates), # of hours per day Your Position or Title Employer’s Name and Address Phone Number Person and address to receive Verification of Employment Form If employed less than three years at primary job, add details of previous employment, including name/address/phone number of the contact person, on a separate sheet of paper. OTHER INCOME: Indicate monthly income of any sources that apply to your family (for example: TAFDC, EAEDC, Workman’s Compensation, Veteran’s Benefits, Child Support, Alimony, Unemployment Compensation, Social Security Benefits, Pension Income, Disability Income, Investment Income, or other income (please specify). Source of Income Monthly Amount: Source of Income Monthly Amount: Child Support/Alimony: Unemployment Compensation: Social Security Payments: Pension Income: Disability Income: Other (please specify): Interest and Dividends: Other (please specify): I/We currently receive the following types and amounts of monthly assistance: MassHealth: Yes No Rental subsidy or voucher: $ Fuel Assistance: $ Food Stamps: $ Number of children eligible for free/reduced lunch program: 3 EXPENSES INFORMATION Enter dollar amount for every item, OR enter a “0” if item does not apply to applicant/co-applicant. See applicant checklist for clarification and required documentation of expenses. Please complete every item. Expense Cost Per Month Expense Cost Per Month Expense Cost Per Month Rent Auto Insurance Life Insurance Gas Heat (based on yearly average) Cable TV Renter’s Insurance OR Oil Heat (based on yearly average) Child Care Transportation Expenses/Gas Electric (based on yearly average) Alimony/Child Support Job Related Expenses Phones – Cell, Prepaid, Landline Car Payment Entertainment / Restaurants Food – See checklist XXX Education Internet Clothing Medical Other) specify) OTHER IMPORTANT INFORMATION Please circle the box that best answers the question for both applicant and co-applicant: Applicant Co-Applicant A Do you have any debt because of a court decision against you? YES NO YES NO B Have you been declared bankrupt within the last 7 years? YES NO YES NO C Have you had any property foreclosed on in the last 7 years? YES NO YES NO D Are you currently involved in a lawsuit? YES NO YES NO E Have you owned a home within the last three years? (If yes, provide explanation and see important information page). YES NO YES NO Answering “YES” to any of the above questions DOES NOT automatically disqualify you. If you answered “YES” to any question A through E, however, please explain on a separate sheet of paper. Do the children, listed on page one, have parents who live elsewhere? Yes No If yes, please document the custody agreement. Are you a U.S. Citizen or do you have U.S. Permanent Residency Status? Yes No You must have one or the other to be eligible for a Habitat home. See applicant checklist for required documentation. Do you own any land? Yes No If yes, please include a description and its location Do you own a home? Yes No THE SWEAT EQUITY REQUIREMENT: Habitat requires 250 hours of sweat equity per adult in the household (up to 500 hours). You must explain how you will be able to complete those hours during t he approximately nine- eleven months it will take to build your home. Enclosed is a form to complete in which you describe how you will meet that requirement. You must complete that form. 4 AUTHORIZATION AND RELEASE I understand that, by filing this application, I am authorizing Habitat for Humanity of Cape Cod to evaluate my actual need for a Habitat home, my ability to qualify for a mortgage loan typical to Habitat homeownership, and other expenses of home ownership, and my willingness to fulfill Habitat program partnership requirements, including sweat equity and pre-purchase courses. I understand that the evaluation will include a personal visit, a credit check, landlord checks, and employment verification. I have answered all the questions on this application truthfully. I understand that if I have not answered the questions truthfully, my application may be denied, and that even if I have already been selected to receive a Habitat home, I may be disqualified from the program. I authorize Habitat for Humanity of Cape Cod to conduct a check on my credit history, contact landlord and employment references, and check the Sex Offender Registry. The original or a copy of this application will be retained by Habitat for Humanity of Cape Cod for a limited time even if the application is not approved. All information on the Protected Information sheet is part of the application, and I am certifying that information to be complete and true. Applicants, and other adults residing in the home, must sign below to show agreement with above paragraph. This is required for your application to be considered. Applicant’s Signature Date Co-Applicant’s Signature Date Other Adult (non-applicant) Signature Date Other Adult (non-applicant) Signature Date If you are approved for a Habitat home, how should your name appear on legal documents? Applicant (please print) Co-Applicant (please print) YOUR APPLICATION CANNOT BE PROCESSED WITHOUT THE FOLLOWING INFORMATION Please refer to the Applicant Checklist for “Answering Application Questions” to see a complete list of all documentation that MUST be submitted with your application. A HOUSING NEED STATEMENT: On a separate sheet of paper, clearly state why you need a Habitat home. See the applicant checklist for details about what you should include. FEDERAL IRS INCOME TAX RETURNS: Include signed copies for 2017, 2018, and 2019. SOURCE OF CLOSING COSTS: Include a statement that explains how you will finance closing costs. See applicant checklist for details. Deadline Date: The Application packet must be received in the Habitat Office; or postmarked on or before TBA. A mailed application must be received no later than 5 business days after the postmark. Applications may NOT be submitted by fax or email. If you have questions or if you need help with this form, please call the Habitat office at (508) 362-3559 x21. Application and supporting documentation should be mailed or delivered to: Habitat for Humanity of Cape Cod, 411 Main Street (Route 6A), Suite 6, Yarmouth Port, MA 02675 4 5 REQUIRED PROTECTED INFORMATION The following information is required. Applicant’s Name: Co-Applicant’s Name: Social Security Number: Social Security Number: ASSETS List all checking / savings / CD / IRA / or 401k accounts / savings bonds / investment / stock, etc. for all household members, including minor children. Use another page if necessary. Name on Account Name of Bank/Institution, address Account Number Balance List other assets and approximate value (make and year of cars, boats, other high-value personal property, etc.) Item: Value: Item: Value: DEBT Use another page for additional debt accounts, or to explain debt that is in arrears or has a payment plan. List ALL debts below (Credit Card Debt, Car Loans, Taxes in Arrears, Student Loans, Medical Debt, Etc.) Creditor and address Account number Monthly Payment Unpaid balance I hereby certify that within the past two years (choose one) I have, or have not, disposed of assets for less than the fair market value through a sale or a gift. List assets, if necessary: __________________________ The above is a complete and true representation of all household assets, debts, credit and complete information as requested. Applicant’s Signature____________________________________________________ Date_______________ Co-Applicant’s Signature_________________________________________________ Date_______________ 6 Applicant Name_________________________ (office: ___________ appl #) INFORMATION FOR GOVERNMENT MONITORING PURPOSES FORM Lender: The following information is requested by the Federal Government for certain types of loans related to a dwelling, in order to monitor the Lender’s compliance with equal credit opportunity, fair housing and home mortgage disclosure laws. You are not required to furnish this information, but are encouraged to do so. The law provides that a Lender may neither discriminate on the basis of this information, nor on whether you choose to furnish it. If you furnish the information, please provide both ethnicity and race. For race, you may check more than one designation. If you do not furnish ethnicity, race, or sex, under Federal regulations, this lender is required to note the information on the basis of visual observation or surname. If you do not wish to furnish the information, please check the box below. Although disclosing minority status is optional, it is helpful in determining status for a lottery. (Lender must review the above material to assure the disclosures satisfy all requirements to which the lender is subject under applicable state law for the particular loan applied for.) *** Please check off correct info in each category and sign. THANK YOU!*** APPLICANT CO-APPLICANT (if applicable) ___I do not wish to furnish this information ___I do not wish to furnish this information ……………………………………………………………………………………… ETHNICITY ___Hispanic or Latino ___Hispanic or Latino ___Not Hispanic or Latino ___Not Hispanic or Latino ......................................................................................................... RACE/MULTI RACE AND NATIONAL ORIGIN ___American Indian, Alaskan Native ___American Indian, Alaskan Native ___Asian ___Asian ___Black or African American ___Black or African American ___Native Hawaiian or Other Pacific Islander ___Native Hawaiian or Other Pacific Islander ___White ___White ___ American Indian or Alaskan Native and White ___ American Indian or Alaskan Native and White ___ Asian and White ___ Asian and White ___ Black or African American and White ___ Black or African American and White ___ Other Multiple Races ___ Other Multiple Races ___ American Indian or Alaskan Native ___ American Indian or Alaskan Native and Black or African American and Black or African American …………………………………………………………………………………………..... GENDER ___Female ___Female ___Male ___Male ……………………………………………………………………………………………. MARITAL STATUS ___ Married ___ Married ___ Separated ___ Separated ___ Unmarried (single, divorced, widowed) ___ Unmarried (single, divorced, widowed) ……………………………………………………………………………………………… VETERAN STATUS ___ US Veteran ___ US Veteran Is there any other household member who served in the armed services, or is a spouse, widow(er), parent or dependent of anyone that served in the armed services? _____Yes ______No _________________________________ ________________________________ Applicant Signature Co-Applicant Signature Or – this information was completed by interviewer: ______________________________ ____________ Signature Date 7 SWEAT EQUITY FORM REQUIRED ATTACHMENT TO YOUR APPLICATION Sweat Equity/ Partnership Question: Our sweat equity requirement is rigorous! Habitat homeowners as well as each adult that will live in the home are required to work 250 hours each on building the home (except for full -time college students), with a maximum of 500 hours per household. You would not be allowed to move into the home until the hours are completed. This requires approximately eight hours a week on a Habitat construction site (7:30am – 3:30pm on a Saturday or a Tuesday) during the months that the home is being built. Some weeks there will also be a required meeting or home ownership preparation workshop to attend. You do not need to be experienced in construction. We train and guide you in your sweat equity as you work side by side with other volunteers. How will you arrange to have the time available? How will you manage transportation to the site? What child care arrangements will be available for you (children 14 and under are not allowed on the build site but up to 50 hours of baby-sitting time by family/friends can count toward your sweat equity hours)? If any condition (disability) will restrict some aspect of your participation on the construction site, list the specific medical restrictions your doctor has given you that will limit which tasks you are assigned. How will you be able to participate? OR If a disability of a dependent household member (because of their extraordinary or specialized care needs) may severely challenge your ability to personally perform the total number of hours usually required by adult household members, you may request a modification in the percentage of hours that may be done by friends and family. 1. Provide documentation of the disability from the physician. 2. Describe how the care they need (while you are absent) is more specialized than general babysitting. 3. How much extra help will you need from your friends and family to complete your sweat equity? Or circle: Not Applicable – if you have no medical restrictions to your participation. _____________________________________________________ Signed Date _____________________________________________________ Signed Date (USE REVERSE SIDE AS NEEDED) 8 Habitat for Humanity of Cape Cod 411 Main Street – Suite 6 • Yarmouth Port, MA 02675 508-362-3559 • fax 508-362-3569 • www.habitatcapecod.org AUTHORIZATION TO RELEASE INFORMATION To: ________________________ RE: ________________________ I, and/or adults in my household, have applied for housing and a mortgage from Habitat for Humanity of Cape Cod (HHCC). As part of the process or in considering my household for a Habitat for Humanity home and a Habitat mortgage, HHCC may verify information contained in my application. I, or another adult in my household, authorize you to provide HHCC for verification purposes the following applicable information: • Past and present employment or income records • Bank account, stock holdings, and any other asset balances • Past and present landlord references • Other consumer credit references I further authorize HHCC to order a consumer credit report and verify other credit information. I understand that under the Right to Financial Privacy Act of 1978, 12 U.S.C. 3401, et seq., HHCC is authorized to access my financial records held by financial institutions in connection with the consideration or administration of assistance to me. I also understand that financial records involving my home loan application will be available to HHCC without further notice or authorization, but will not be disclosed or released by HHCC to another Government agency or department or used for ano ther purpose without my consent except as required or permitted by law. This authorization is valid for the life of the loan. The information HHCC obtains is only to be used to process my application for a Habitat home and for a Habitat for Humanity home related loan. I acknowledge that I have received a copy of the Privacy Notice. A copy of this authorization may be accepted as an original. Your prompt reply is appreciated. _X_______________________________________________________________________ Signature (Applicant or Adult Household Member) Date _X_______________________________________________________________________ Signature (Applicant or Adult Household Member) Date _X_______________________________________________________________________ Signature (Applicant or Adult Household Member) Date 9 Base Pay $ Rations $ Fight or Hazard $ Clothing $ Quarters $ Pro Pay $ Overseas or Combat $ Variable Housing Allowance $ 14. If Overtime or Bonus is Applicable, Is Its Continuance Likely? Overtime Yes No Bonus Yes No 15. If paid hourly – average hours per week 16. Date of applicant’s next pay increase 17. Projected amount of next pay increase 18. Date of applicant’s last pay increase 19. Amount of last pay increase Request for Verification of Employment Privacy Act Notice: This information is to be used by the agency collecting it or its assignees in determining whether you qualify as a prospective mortgagor under its program. It will not be disclosed outside the agency except as required and permitted by law. You do not have to provide this information, but if you do not your application for approval as a prospec- tive mortgagor or borrower may be delayed or rejected. The information requested in this form is authorized by Title 38, Chapter 37 (if V A); by 12 USC, Section 1701 et. seq. (if HUD/FHA); by 42 USC, Section 1452b (if HUD/CPD); and Title 42 USC, 1471 et. seq., or 7 USC, 1921 et. seq. (if USDA/FmHA). Instructions: Lender – Complete Items 1 through 7. Have applicant complete item 8. Forward directly to employer named in item 1. Employer – Please complete either Part II or Part III as applicable. Complete Part IV and return directly to lender named in item 2. The form is to be transmitted directly to the lender and is not to be transmitted through the applicant or any other party. Part I –Request 1. To (name and address of employer) 2. From (Name and address of lender) Habitat for Humanity of Cape Cod 411 Main Street, Suite 6 Yarmouth Port, MA 02675 I certify that this verification has been sent directly to the employer and has not passed through the hands of the applicant or any interested party. 3. Signature of Lender 4. Title 5. Date 6. Lender’s Number Executive Director (Optional) I have applied for a mortgage loan and stated that I am now or was formerly employed by you. My signature below authorizes verification of this information. 7. Name and Address of Applicant (include employee or badge number) 8. Signature of Applicant Part II – Verification of Present Employment 9. Applicant’s Date of Employment 10. Present Position 11. Probability of Continued Employment 12A. Current Gross Base Pay (Enter Amount and Check Period) 13. For Military Personnel Only Annual Hourly Pay Grade Monthly Other (Specify) Type Monthly Amount $___________ Weekly 12B. Gross Earnings Type Year to Date 2020 2019 Through______ Base Pay $ $ $ Overtime $ $ $ Commissions $ $ $ Bonus $ $ $ Total $ $ $ 20. Remarks (If employee was off work for any length of time, please indicate the time period and reason) Part III – Verification of Previous Employment 21. Date Hired 23. Salary/Wage at Termination Per (Year) (Month) (Week) 22. Date Terminated Base ______________ Overtime ______________ Commissions ______________ Bonus ______________ 24. Reason for Leaving 25. Position Held Part IV - Authorized Signature - Federal statutes provide severe penalties for any fraud, intentional misrepresentation, or criminal connivance or conspiracy purposed to influence the issuance of any guaranty or insurance by the VA Secretary, the U.S.D.A., FmHA/FHA Commissioner, or The HUD/CPD Assistant Secretary. 26. Signature of Employer 27. Title (Please print or type) 28. Date 29. Print or type name signed in item 26 30. Phone No. Fannie Mae Form 1005 July 96 APPLICANT: Please fill out box 1 (the correct name and mailing address of your employer), box 7, and sign in box 8. Return this form to Habitat with your home application. We will mail it to your employer. Copy this form as needed if there is more than one employer listed on your application. 1 Affordable Home Ownership Opportunity Applying For Two Habitat for Humanity Homes At 26 Red Top Road, in Brewster You may be eligible for a Habitat home, if:  You are in critical need of year-round affordable housing, and  You are willing to complete the required “sweat equity” on your home and other Habitat projects (500 hours for a two-adult household – 250 hours for a one adult household), and  You are eligible, under the income and asset limits, and  You are able to make housing payments of approximately $806 and  You are unable to qualify for conventional mortgage financing for a market rate home, and  You are a first-time home buyer (some exceptions apply; see application packet for more information)  You are a U.S. Citizen or Permanent Resident. Application period: Applications will be available beginning TBD. We accept applications during a 60-day period, until TBD. Completed applications, with required documentation, must be received at the Yarmouth Port Habitat office by the deadline listed on the application. Applications will be available at the Habitat office, online at the Habitat website, and by mail. Call Habitat at 508-362-3559 when the application period opens, to request an application mailed to you. Check www.habitatcapecod.org for more information, or contact: Mary Ann Mills-Lassiter, Family Programs Manager at 508-362-3559 X21 or maryann@habitatcapecod.org Information about Habitat for Humanity Homes How many? What size? What else should I know? We will be building 2 homes: Both are 3-bedroom ranch style. • We anticipate home construction to take about 10 to 12 months from wall raising day. • There will be a homeowners association of 2 homes, as the homes will have a shared access drive to enter their driveways. The Association will provide for the common maintenance of the access drive and related drainage and bit of landscaping. • Each home will have town water with private septic systems. • Pending funding commitments, we hope to have photovoltaic solar panels on the two homes. • Each home will have a paved driveway, full basement, front porch, and come equipped with kitchen appliances (stove, refrigerator, dishwasher), laundry appliances (washer and dryer), and air-source heat pumps for heating, cooling and hot water. Sample House Price and Monthly Payment – Estimated* 3-Bedroom House Price $168,250 Principal Payment $499 Escrow Payment*+ HOA fee $307 Total Monthly Payment* $806 *These are sample estimates for monthly principal, property taxes, insurance and home owner association fees. Actual costs will vary. Because we cannot accurately project an occupancy date, we urge applicants to maintain the best housing circumstances possible until their new house is ready. Reasonable Accommodation: If, because of the disability of a household member your family needs consideration of a modification to the home or some aspect of our program, please add this request to your application. 2 What You Should Know About Building a Home with Habitat for Humanity Income Eligibility Maximum income eligibility is household income at or below 60% of area median income by household size for one home, and at or below 65% for one home. 60% and 65% of Area Median Income by Household Size Effective April 1, 2020 (Adjusted annually by HUD/FHLBB) Family Size 60% 65% Family Size 60% 65% 1 $40,613 $43,997 5 $62,625 $67,844 2 $46,388 $50,253 6 $67,275 $72,881 3 $52,200 $56,550 7 $71,925 $77,919 4 $57,975 $62,806 ***This is the maximum gross, current and anticipated, annual income your household may earn and be eligible for consideration for a Habitat for Humanity home on Cape Cod. ASSET LIMITATION: Total of all household assets must be under $75,000. Sweat Equity and Unique Habitat for Humanity Partnership Requirements You will be building your own home alongside community volunteers! From the date of wall raising, construction typically takes 10-12 months. During this period, you will be dedicating nearly one day/week, (on Tuesday or Saturday) to building your home. You will also attend pre-purchase education courses. The sweat equity requirement is 250 hours per adult in your household, with a maximum of 500 hours. Habitat has set aside a certain number of those hours, that friends and family volunteer- work may count towards your sweat equity. Sweat equity must be completed before we will close on your home. You will be assigned a volunteer partner to mentor and support you during the construction period and the first year of homeownership. Affordability: To keep our homes affordable, we rely on cash donations, grants, land donations, volunteerism, and gifts of materials and professional services. For these Habitat homes in the Town of Brewster, purchasers will need to qualify for, and close with an affordable mortgage. Usually, the United States Department of Agriculture will be the mortgage lender; occasionally Habitat, or another third-party lender. Our homes are deed restricted to continue as affordable homes in perpetuity. In your application packet, be sure to review the “Important Information” sheet for some details about eligibility and affordable housing restrictions. Application Review Process: Your complete application will be evaluated for your financial eligibility. If it receives a preliminary approval, it moves to a family interview committee. You will be contacted for an appointment, for two volunteers to visit your family in your home, to interview you and evaluate your family’s housing need and “willingness to partner with Habitat” - including fulfilling requirements such as sweat equity. At that point, there will be a final review of your application, and if qualified, your application number is entered into a lottery. If your application is rejected at any step, you will also be notified. Successful applicants and other finalists will be notified after the lottery. More about Habitat for Humanity: HHCC is a 501(c)3 non-profit ecumenical housing ministry, with a mission to build homes, hope, lives and community on Cape Cod. We work to provide the opportunity of affordable home ownership in all 15 Cape towns. Homes are built in partnership with families who have a need for decent, affordable housing and do not have the financial means to build or purchase a home through conventional financing. Habitat for Humanity of Cape Cod does not discriminate in the selection of applicants. Habitat for Humanity of Cape Cod is a not-for-profit organization and we do business in accordance with Federal and Massachusetts Fair Lending Laws. Habitat for Humanity of Cape Cod 411 Main Street, Suite 6, Yarmouth Port, MA 02675 Phone: 508-362-3559 Fax: 508-362-3569 www.habitatcapecod.org 3 HABITAT HOME APPLICATION PACKET IMPORTANT INFORMATION AFFORDABLE HOME DEED RIDER: This home will be sold with deed rider that preserves it as an affordable home in the future. This rider will limit the sales price of the house in the future so that it will be affordable again to an income eligible household. The rider will also require the home to be used as your primary residency. Renting of the home is not allowed; any refinancing or capital improvements will need the approval of the Town, Habitat and the Department of Housing and Community Development (DHCD). A copy of the deed rider may be reviewed at: http://www.mass.gov/hed/docs/dhcd/hd/lip/lipdeedrider.pdf A summary may be viewed here: http://habitatcapecod.org/images/uploads/LIP_Disclosure_Statement_2015_w_RH.pdf NON DISCRIMINATION: Habitat for Humanity of Cape Cod does not discriminate in the selection of applicants on the basis of race, color, national origin, disability, ancestry, children, familial status, genetic information, marital status, public assistance recipiency, religion, sex, sexual orientation, gender identity, veteran/military status, or any other basis prohibited by law. FINANCIAL INTEREST: Individuals who have a financial interest in the development and their families shall not be eligible. PRIVACY NOTICE is enclosed in this packet HABITAT FOR HUMANITY HOME MORTGAGE POLICY: All applicants will be pre-approved for a Habitat for Humanity no-interest mortgage as part of determining eligibility for the final lottery. However, we require all successful applicants to apply for a mortgage from “USDA” (United States Department of Agriculture 502” low-interest mortgage) or from a third party lender – once they have entered into an agreement to purchase their Habitat home. They must utilize the USDA or other lender’s mortgage (rather than a loan from Habitat) if qualified. Houses are financed at 100% and there is no requirement for a down payment. APPRAISAL DISCLOSURE: If you are selected to purchase a home, we may order an appraisal to determine the property’s value and charge you for this appraisal. We will promptly give you a copy of any appraisal, even if your loan does not close. You can pay for an additional appraisal for your own use at your own cost. “FIRST TIME HOMEBUYER” DEFINITION EXPLAINED --- To qualify you must be a “first time homebuyer.” However, there are several important EXCEPTIONS. If any of these exceptions describe YOUR situation, you may still be considered a qualified “first time home buyer” for the purposes of this application. First time homebuyer means: The household shall not have owned a home within three years preceding the application. Exceptions to this rule include: 1. displaced homemakers, where the displaced homemaker (an adult who has not worked full-time, full-year in the labor force for a number of years but has, during such years, worked primarily without remuneration to care for the home and family), while a homemaker, owned a home with his or her partner or resided in a home owned by the partner; 2. single parents, where the individual owned a home with his or her partner or resided in a home owned by the partner and is a single parent (is unmarried or legally separated from a spouse and either has one or more children of whom the individual has custody or joint custody, or is pregnant); 3. households where at least one household member is 55 or over; 4. households that owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations; and 4 5. households that owned a property that was not in compliance with state, local or model building codes and that cannot be brought into compliance for less than the cost of constructing a permanent structure. Please note: Even if you qualify for the exception, your previously owned home must be sold before the date of your application. FINAL LOTTERY preferences: In the final lottery of eligible candidates there are certain preferences, including, first, for households that need the number of bedrooms being offered above smaller households. Then for one of the homes, there will be a preference for a household that includes a USA veteran. If there are no qualified veteran applicants then, for one of the homes, a preference will be for local applicants (as defined on checklist form) over non-local applicants. The information on the “Government Monitoring Form” as to minority / non-minority status will be used to ensure that Local Preference does not create a discriminatory consequence in the lottery. REPORTING OF ALL INCOME AND ASSETS: INCOME • All income of all adults 18 or older who are members of the household to live in the Habitat home (even if temporarily away) must be reported. • Most of the income of full-time students over 18, other than head of household or spouse, will be disregarded for eligibility purposes as long as their student status is documented (but it still must be reported and documented. • Adult household members with zero income must sign a certification of zero income. • There are a very few sources of income that are not counted as income. You should report all income. Our credit reviewers have the list of excluded income and will disregard any income on that list. If you have a question whether a source should be counted, list and document it, and put that question in your cover note. (Examples may include certain one-time payments, or compensation specifically for medical expenses) • Habitat for Humanity of Cape Cod uses the standards of HUD 24 CFR 24 5.609 in considering what income to count, and the required methodology of the Federal Home Loan Bank of Boston Affordable Housing Program. ASSETS All assets of all household members, including minor children, should be listed in the application with their value, and documented. There is a $75,000 asset limitation to qualify as an affordable home ownership applicant under the Department of Housing and Community Development Ch. 40B program (which governs the homes you are applying for with Habitat. Habitat’s reference for what assets shall be considered is HUD Handbook (6/07) Exhibit 5-2: Assets. Common assets are cash (including the cash from lump sum payments, even if not counted as income) held in bank accounts or in other ways, revocable trusts, rental or capital investment income, stocks, bonds, treasury bills, C.D.s, retirement accounts, if the holder has access to the funds (even with a penalty), face value of whole (not term) life insurance, and others. Excluded from the limit is certain personal property (such as car, furniture, wedding ring, and other) that is not held as an investment, and assets (other than owned rental property) that is part of an active business. All assets should be reported. The Habitat’s credit reviewers will reference the list of what is included/excluded if this may make a difference in an applicant’s eligibility for our program. REASONABLE ACCOMODATION: persons with disabilities have the right to request a reasonable accommodation related to the home, or to some aspect of the Habitat process. Please see the bottom of Application, Page 1, asking if a modification will be needed to the home, and the Sweat Equity Form, where we ask about restrictions to your participation and what you will be able to do. You must document that you/a household member has a disability, and the relevant restrictions for the accommodations you are requesting. 5 Habitat for Humanity of Cape Cod 411 Main Street – Suite 6 • Yarmouth Port, MA 02675 508-362-3559 • fax 508-362-3569 • www.habitatcapecod.org Habitat for Humanity of Cape Cod, Inc. Privacy Statement and Notice At Habitat for Humanity of Cape Cod, we are committed to keeping your information private. We recognize the importance applicants, program families, tenants, and homeowners place on the privacy and confidentiality of their information. While new technologies allow us to more efficiently serve our customers, we are committed to maintaining privacy standards that are synonymous with our established and trusted name. When collecting, storing, and retrieving applicant, program family, tenant, and homeowner data – such as tax returns, pay stubs, credit reports, employment verifications and payment history – internal controls are maintained throughout the process to ensure security and confidentiality. We collect non-public personal information about you from the following sources: • Information we receive from you on applications or other forms; • Information about your transactions with us, our affiliates, or others; and • Information we receive from a consumer reporting agency. Credit reports are not used to screen out applicants. We may disclose the following kinds of non-public personal information about you: • Information we receive from you on applications or other forms, such as your name, address, social security number, income and assets, and sources of income • Information about your transactions with us such as your loan balance and payment history • Information we receive from a consumer reporting agency such as your credit worthiness and credit history. Habitat for Humanity of Cape Cod employees and volunteers are subject to a written policy regarding confidentiality and access to applicant data is restricted to staff and volunteers on an as-needed basis. Information is used for lawful business purposes and is never shared with third parties without your consent, except as permitted by law. As permitted by law, we may disclose non-public personal information about you to the following types of third parties: • Financial service providers, such as mortgage servicing agents- United States Dept. of Agriculture (USDA), Eastern Bank. • Nonprofit organizations or governments; and related entities authorized to oversee grant compliance- Federal Home Loan Bank of Boston (FHLBB) • Consumer Reporting Agencies Please note that if Habitat for Humanity of Cape Cod would be disclosing your non-public personal information to non-affiliated third parties – other than those permitted by law listed above – you would be given the opportunity to “opt out” of these disclosures by calling our office at 508-362- 3559. However, we do not disclose your information 6 Applicant Checklist and Guide to Answering Questions: Applicant Name_____________________________________ The following materials are needed to complete your application for a Habitat home. Please complete this checklist, keep it, and return a copy with your application. PRESENT HOUSING CONDITIONS: All landlord contact info is provided on page 1 of application (information for the past two years). Housing Need Statement/Letter: Why do you need a Habitat home? Describe any circumstance about your current housing that relates to your serious need for an affordable home: poor condition of current residence, over-crowded living conditions, high rent compared to income, being homeless or at high risk of being homeless, or other. Be specific. Include eviction notices, notice of possible sale of property you are renting or other information to support your statement. Describe efforts to find other, more suitable housing. Document whatever the interviewers will not be able to see during a home visit. LOCAL PREFERENCE: If no Veteran household applicant is eligible, then there will be local preference for one of the two homes, for households who currently live, or are employed in the Town of Brewster and/or persons with a bona fide job offer in the Town, or whose children attend public school in the Town of Brewster. If that applies to you, please provide documentation. In all instances, applicants who live or work in our 15-town service area (Barnstable County) will not have preference over those from outside the service area. ASSETS & DEBT: See the “Required Protected Information” sheet (Page 5) of application. This must be filled out completely. Attach additional sheets, if needed to list all assets for all household members, as well as listing all debt for Applicant #1 and#2. Debt means any money that you owe to someone else: credit card charges, retail store credit charges, car loan, personal loan, student loan, charge-offs. INCOME INFORMATION & DOCUMENTATION: All income of all adults 18 or older, who will be members of the household in the Habitat home, (even if they are temporarily away) must be reported on Pg. 2 of the application. Add an extra page if needed. Documentation of full-time student status for dependent household members between the ages of 18 and 25. Up-to-date receipts of payment of registration or a letter provided by the high school or college are examples. Provide all employer contact information (for all jobs, for all adult household members) on Pg.2 of the application. If additional employer information needs to be provided, because you worked at your present position less than 3 years, include that employer contact information (name, address, phone #) on a separate sheet as well. Include the address we should use to mail a Verification of Employment Form on that form for each employer and return it with your application. You do not send the verification form- It is required that we send it to your employer. 7 Pay stubs for the most recent 8 consecutive weeks of each job for each working adult (18+) in household. Continue to save your paystubs, as new ones may be requested later in the process. Explanation of seasonal/part-time/part year employment, if applicable (so reviewers will understand duration and earnings from each job during a full year). Complete documentation of any self-employment income and expenses. Child Support, Social Security, Disability Income, Unemployment, other compensation sources. Provide the most recent official documentation (i.e. court orders, award letter, not bank statement) for all non-employment sources of income (this should correspond to those checked on the income page of the application). If benefits or compensation are temporary, please indicate the date the income will stop. If expected child support is not being received, provide official documentation of what you are actually receiving. We also need official documentation of custody arrangements if children living in the home have parents living elsewhere. Bank Statements –Complete statements for the most recent 6 months for ALL checking and savings accounts, for all adults and children (or copy of passbook for passbook savings account). Investment and Retirement Accounts- Complete statements for the most recent 3 months 2017 Signed copy of Federal Tax Return with W-2s and 1099s 2018 Signed copy of Federal Tax Return with W-2s and 1099s 2019 Signed copy of Federal Tax Return with W-2s and 1099s Note: Federal IRS returns only – NOT your MA or other state returns Even though you signed the tax return when it was filed, you need to sign it again on the copies. If you do not have copies of your tax returns, you should immediately take steps to request them. We need a copy of the actual tax return. To receive official IRS printouts of Income Tax Returns: Call 844-545-5640 or 1-800-829-1040. Or There is an IRS Office located at 75 Perseverance Way, Hyannis, at the intersection of Attucks Lane and Independence Drive. Call 508-775-0029 for hours they are open before going there. Be sure to submit your application with all the documentation you have by the deadline. If you are still waiting for a copy, enclose a note stating the returns you have requested of the IRS and on what date you made your request. If you did NOT file an IRS return for any of these years, enclose a signed letter explaining why you did not have a legal obligation to file a tax return for that year. 8 EXPENSES AND DEBT: Please list all debts and monthly payments on debts on the Required Protected Information sheet (Application Pg. 5). Copies of most recent billing statements: Electric Gas and/or Oil (We need to be able to estimate average heating costs for the year (whether electric, oil or gas). Most companies supply a graph of your usage for each of the months of the year. If yours does not, please call and ask them to give you information about your use for the year and include that with your application. If heat is included in your rent, this is not necessary.) Food. Leave this blank. We will use the United States Department of Agriculture estimates for calculating your food costs. Bill showing most recent payment: Car and/or student and/or other loans (if applicable) All Phones Cable TV Loans, including the statement showing current status of any student loan Credit Cards (all) Car or other insurance bills Other monthly/quarterly bills Other debt obligations (paid by your household – child support, alimony, payment plans, any other. Please explain) If you answered yes to any items A – E on page 3 of the application, attach an explanation. CITIZENSHIP or U.S. PERMANENT RESIDENCY STATUS: Submit a copy of one of the following: U.S. birth certificate, OR U.S. certification of birth abroad, or US passport, OR certificate of naturalization, OR permanent resident. Applicants must be U.S. citizens OR have secured their permanent residency status and provide documentation at the time of submitting the application. AUTHORIZATION TO RELEASE INFORMATION: Return the signed form. All household members, age 18 and over, must sign a Release. 9 CLOSING COSTS: Explanation of source of closing costs and insurance. Where will you be getting the money to pay the closing costs? The closing costs are estimated to be about $4,500. It is important to describe the plan you will develop for meeting this obligation. You will need to have it when you actually purchase the home. If any part of the closing costs is a gift, provide a signed statement from the individual donor, stating that it is a gift. WILLINGNESS TO PARTNER—SWEAT EQUITY FORM: Signed statement about Sweat Equity: Answer the questions and sign it--- use the back or attach another paper if necessary. If you, or a household member, needs specialized care from others in the household, for medical or safety reasons, please provide documentation of the disability from the physician. Complete the “Information for Government Monitoring Purposes Form” APPLICATION IS SIGNED AND DATED BY APPLICANT AND CO-APPLICANT. Don’t forget to do this step! CREDIT INFORMATION (for you) Habitat for Humanity strongly encourages all applicants to request a copy of their credit report to be able to review and be aware of the same information that we will use to make our determination. Every consumer may request and receive one free credit report per year.* * Free – do not be tricked by commercials or internet advertisements that charge for this service! Call CENTRAL SOURCE: 1-877-322-8228 or at www.annualcreditreport.com Often credit reports contain errors that need to be corrected by the consumer. If you have recently resolved a debt or credit problem, or corrected a mistake on your report, please include an explanation of these recent changes, along with any documentation available, with your application. Depending on how recently you have resolved a problem, it is very possible this updated information would not appear on your credit report. If you discover past debts on your credit report that you have not paid and are not now paying, please make arrangements to address them, and include with your application, the documents of your efforts to do that. Habitat will obtain its own copy of your credit report. Do NOT supply a credit report with your application. The contact info above is for your information and use. After you submit your application packet, keep saving all new documents: paystubs, income statements, bills, bank/credit/store account statements. Affordable Home Ownership Opportunity Single-Family Homes to be built in Brewster Applications now available for two homes on Red Top Road, Brewster. USA Veteran Preference for 1 home. Bedroom size: 3 Sales Price: $168,250 APPROXIMATE monthly payment $806 Includes mortgage principal & interest, property taxes, insurance and homeowner association payments. Varies by actual terms . Applications are available at these locations: Habitat office: 411 Main Street (Route 6A), Suite 6, Yarmouth Port Online at habitatcapecod.org By Mail: Call 508-362-3559 Translation services are available by request. APPLICATION DEADLINE: TBA Applicant Information Workshops are offered during TBA. Dates and locations: see http://habitatcapecod.org/home- ownership/applications/ Qualifications: housing need, sweat equity, first time homebuyer (some exceptions apply), ability to pay monthly mortgage. Income Guidelines*: Gross household income must be no more than 60% of the area median income by household size for one home, and 65% for one home. Example: 4-person household limit at 65% is currently $62,806. Detailed income information and guidelines are in application packets and website. *Using HUD/FHLBB guidelines, adjusted annually. For more information: Habitat for Humanity office: 411 Main Street (Route 6A), Suite 6, Yarmouth Port, MA 02675 508-362-3559 x21 Mary Ann www.habitatcapecod.org Habitat for Humanity of Cape Cod does not discriminate. Habitat for Humanity of Cape Cod HABITAT FOR HUMANITY OF CAPE COD APPLICATIONS AVAILABLE 2 Affordable Homes for Purchase to be built on Red Top Road in Brewster USA Veteran preference for one home House price: 3-bedroom: $168,250 Estimated monthly payment: 3-bedroom: $806 Persons considering applying are strongly encouraged to attend an Applicant Information Workshop: Applications may be obtained at: ~ Online www.habitatcapecod.org ~ Pick up at the Office: 411 Main St., Yarmouth Port MA ~ Or call to have a paper application mailed to you: 508-362-3559 Ext. 21 (Habitat office) APPLICATION DEADLINE: TBA LOTTERY DATE: TBA Income Guidelines: Maximum income eligibility is income at or below 60% of area median income by household size for one home, and at or below 65% of area median income by household size for one home. 60% and 65% of Area Median Income by family size Effective 4/3/2020 (Adjusted annually by HUD/FHLBB) Family Size 60% 65% Family Size 60% 65% 1 $40,613 $43,997 5 $62,625 $67,844 2 $46,388 $50,253 6 $67,275 $72,881 3 $52,200 $56,550 7 $71,925 $77,919 4 $57,975 $62,806 This is the maximum gross income your household may earn and be eligible for consideration for a Habitat for Humanity home on Cape Cod. You may qualify for Habitat home ownership, if you are:  in critical need of year round affordable housing, and  willing to complete the required “sweat equity” on your home and other Habitat projects  (500 hours for a two adult household – 250 hours for a one adult household), and  able to make housing payments of approximately $806 per month, and  unable to qualify for conventional mortgage financing of a market rate house, and  first time home buyer (some exceptions apply; described in application packet), and  U.S. Citizen or Permanent Resident Habitat for Humanity of Cape Cod does not discriminate in the selection of applicants. Habitat for Humanity of Cape Cod is a not-for-profit organization and we do business in accordance with Federal and Massachusetts Fair Lending Laws. Workshops will be Virtual, using ZOOM on your computer or phone.  To sign up and receive the link and password, send an email to maryann@habitatcapecod.org  You need to have a paper application to look at during the workshop.  Specify which date you choose. TBA Any questions: call or email maryann@habitatcapecod.org 508-362-3559 ext.21 HABITAT FOR HUMANITY OF CAPE COD 411 Main St, Suite 6 • Yarmouth Port, MA 02675 • 508-362-3559 FOR IMMEDIATE RELEASE Applications are available for Affordable Homeownership in Brewster Habitat for Humanity of Cape Cod announces that applications are available beginning TBA, for two homes that will be built on Red Top Road, Brewster. The homes are both ranch style and have 3 bedrooms. One home will have a preference for a USA Veteran. Maximum household income for the houses is 60% of area median income for 1 house and 65% for 1 house. Example: For a 4-person household—the current income maximum income at 60% is $57,975. These income guidelines are adjusted annually. The applicant household must be willing to commit many hours of sweat equity to building the home, and have a housing need. The monthly housing payment (mortgage, taxes, insurance) for these homes is estimated to be around $806 per month, depending on the cost of taxes, insurance, and other terms. The deadline for application submission to the Habitat office is TBA. More information about applying for a Habitat home is available on the website: habitatcapecod.org Translation services are available by request. Applications are available at: - Online at the Habitat website: habitatcapecod.org - Habitat for Humanity office: 411 Main Street (Route 6A), Suite 6, Yarmouth Port - Or call to have a paper application mailed to you: 508-362-3559 (Habitat office) Applicants are urged to attend one of the virtual Application/Information Workshops for prospective buyers. See the website habitatcapecod.org for details about participation on these dates: TBA Habitat for Humanity of Cape Cod is a not-for-profit organization and we do business in accordance with Federal and Massachusetts Fair Lending Laws. Media contact: Wendy Cullinan, Executive Director Habitat for Humanity of Cape Cod 411 Main Street, Suite 6, Yarmouth Port, MA 02675 508-362-3559 x15 Habitat for Humanity of Cape Cod 411 Main Street, Suite 6, Yarmouth Port, MA 02675 508-363-3559 www.habitatcapecod.org Date TBA Dear Friend, Perhaps you know of a family in great need of a decent, affordable home? We are writing in the hope that you will help us get the word out that applications are being accepted for affordable homes to be built in Brewster. Two homes will be located on Red Top Road in Brewster. Applications are open as of TBA. Home sizes are 3-bedroom ranch style homes. One home will have a preference for a USA Veteran. Habitat for Humanity offers the opportunity of homeownership to families who live or work on Cape Cod and have a critical need for a decent affordable home, who are “willing to partner” with Habitat in the construction of their home (i.e. work side-by- side for many hours with the construction volunteers), and who have the ability to make a monthly mortgage payment estimated to be around $806, which includes escrow for property taxes and homeowner’s insurance; and homeowner’s association fees. Maximum household income for one home is 60% of area median income and 65% for one home. Example: For a 4-person household, the current maximum income at 60% is $57,975. These income guidelines are adjusted annually. The enclosed flier to post and share, give complete information about how to obtain an application and about the public information sessions we hold to inform and assist potential applicants. Because TBA is an absolute deadline, we greatly appreciate anything you might do to help us get the word out to those who might benefit from this opportunity. Best Regards, Mary Ann Mills-Lassiter Family Programs Manager p.s. – Please call our office if you would like to receive any of this information electronically. Habitat for Humanity of Cape Cod does not discriminate in the selection of applicants. Habitat for Humanity of Cape Cod is a not-for-profit organization and we do business in accordance with Federal and Massachusetts Fair Lending Laws. Habitat for Humanity of Cape Cod Building homes…Changing lives…Preserving community 411 Main Street, Suite 6, Yarmouth Port, MA 02675 . Ph: 508-362-3559. Fax: 508-362-3569 www.habitatcapecod.org Date: TBA To: Habitat Homeowners From: Wendy Cullinan, Executive Director Re: Please help spread the word! Applications now available for new affordable Habitat for Humanity homes to be built: Two in Brewster Perhaps you have a friend or colleague at work whose family is in need of a decent and affordable home? We have attached a flier to make it easy for you to help spread the word, or you can let people know that the information will be up on our website beginning TBA at www.habitatcapecod.org. From the opening date of TBA to the deadline of TBA, we will be accepting applications for this location: Two homes on Red Top Road in Brewster. There will be two 3-bedroom ranch style homes. One home will have a USA Vet Preference. The basic information is on the flier. As always, we encourage interested applicants to attend one of the information sessions to get all the details and have their questions answered. Thanks for anything you do to inform others who might appreciate the opportunity to build their own home alongside Habitat’s volunteers. HABITAT FOR HUMANITY OF CAPE COD 411 Main St, Suite 6 • Yarmouth Port, MA 02675 • 508-362-3559 PSA FOR IMMEDIATE RELEASE Affordable Homeownership Applications are available for Brewster homes Two affordable homes will be built in the Town of Brewster, by Habitat for Humanity of Cape Cod. Applications are available now. More information about applying for a Habitat home is available on the website: www.habitatcapecod.org. There is a preference for a USA Veteran for one of the homes. Applicants are urged to attend one of the virtual Application/Information Workshops for prospective buyers. See the website habitatcapecod.org for details about participation on these dates: TBA ------------------------ -------------------------- -------------------------- ---------------------------- Applicant households must be income eligible with a maximum 60% of area median income by household size for one home (example $57,975 currently, for a family of 4), and 65% of median income for one home. (rev. 4/1/20) Applicant households must be willing to commit many hours of sweat equity to building the home and have a housing need. The monthly housing payment (mortgage, taxes, insurance, homeowner association fees) for these homes is estimated to be around $806 per month depending on cost of taxes and insurance, and other terms. Applications are available at: -Online at the Habitat website: habitatcapecod.org -Habitat for Humanity office: 411 Main Street (Route 6A), Suite 6, Yarmouth Port -Or call to have a paper application mailed to you: 508-362-3559 (Habitat office) The deadline for application submission to the Habitat office is TBA. Habitat for Humanity of Cape Cod is a not-for-profit organization and we do business in accordance with Federal and Massachusetts Fair Lending Laws. Media contact: Wendy Cullinan, Executive Director Habitat for Humanity of Cape Cod 411 Main Street, Suite 6, Yarmouth Port, MA 02675 508-362-3559 x15 Habitat for Humanity of Cape Cod 411 Main Street Suite 6 • Yarmouth Port, MA 02675 • 508-362-3559 www.habitatcapecod.org August 24, 2020 Alana Murphy, Deputy Associate Director Local Initiative Program Commonwealth of Massachusetts DHCD 100 Cambridge Street, Suite 300 Boston, MA 02114 RE: Veteran/Local Preference for Red Top Road Community Housing Project, Brewster, MA Dear Ms. Murphy, Habitat for Humanity of Cape Cod is working with the Town of Brewster to develop Red Top Road Community Housing project. Red Top Road Community Housing will be two homes (both 3 BR ranches) permitted through the 40 B Comprehensive process (LIP) and located at 26 Red Top Road, Brewster. The Town of Brewster is seeking to offer up to 70% of the affordable units (for this project, 1 of the 2 three- bedroom homes) with a Veteran’s* preference. We believe the following information supports the need to provide affordable homes to an underserved population: •25,686 veterans are currently living in Barnstable County (Barnstable County Regional Council of Homelessness); 1,500 of those nearly 26,000 served in Iraq or Afghanistan (Christopher Reid Foundation); and, 90,130 veterans across Massachusetts have served their country on active duty between 1990 and 2018 (Censusreporter.org). •The Cape & Islands Veterans Outreach Center (CIVOC) documents that at any time between 30-40 veterans are without a home on Cape Cod. Woven within the statistics are specific stories of veterans who struggle while responsible for children or grandchildren—such as a Veteran mom, working yet living in a car, with her children. Of CIVOC’s 677 clients (113 are heads of families). •Data from the US Department of Veterans Affairs indicate that only 25-30% of veterans have earned a college degree, and 50-67% work in non-management positions (many low to moderate income) in production, transportation, sales, office and service occupations (Profile of Veterans: 2015). The National Low-Income Housing Veteran’s Coalition Report indicated that 46% of low-income vets across Massachusetts were disproportionately, severely cost burdened in housing (CHAPA 2013). While some would not qualify for a Habitat home, others who are working and/or have a steady source of income could be eligible. Habitat for Humanity plans to work collaboratively with CIVOC and other Veteran support organizations throughout the outreach, application and selection process to help ensure a comprehensive pool of qualified applicants for the home. *The definition of veteran will be as stated in Massachusetts General Law, Chapter 4, Section 7. For the “open” pool home, eligible qualified applicants who live or work in Barnstable County shall receive a preference over those who do not. There will be no Barnstable County area preference for the “veteran” pool, as veterans are defined by Massachusetts General Law, as noted above. If, in spite of all efforts, there are no qualified Veteran applicants for the Veteran preference home lottery, the Town of Brewster requests that under that circumstance, the Veteran preference unit be converted to a local preference unit. With local defined as, 1) current residents; 2) employees of the municipality or a business located in Brewster; and, 3) families with children enrolled in Brewster’s school system. Any person or household who qualifies under the local preference shall have equal consideration in the local pool and will be eligible in the general pool. If the percentage of minority local resident applicants in the local preference pool is less than the percentage of minorities in the surrounding HUD-defined area, minority applicants will be added to the local pool until the percentage of minorities in the local pool is equal to the percentage of minorities in the surrounding HUD-defined area. Below are findings from DHCD’s Subsidized Housing Inventory; the Cape Cod Commission’s 2017 Housing Market Analysis prepared by Crane Associates and EPR, Inc.; the “Town of Brewster Housing Production Plan (6/30/2017)”; 2014 -2018 American Community Survey 5-year estimate, and a Cape Cod & Islands Board of Realtors MLS Report (8/24/2020) that support the fact that there is a high need for affordable housing due to low supply and a significant affordability gap. Low Affordable Housing Supply •Brewster is below its 10% threshold for affordable housing. Based on a Department of Housing and Community Development (DHCD) Subsidized Housing Inventory (SHI) report as of 8/12/2020, Brewster has achieved 5.58% of affordable homes using the criteria required by DHCD. This represents only 268 SHI units (housing that does not require low income households, which are those earning less than 80% of area median income, to spend more than 30% of their monthly gross income on housing) available out of the Town’s universe of 4803 occupied units. (2014-2018 American Community Survey). •Brewster, as with many communities across the Cape, is burdened by competing interests and corresponding impacts between those requiring year-round and seasonal housing. 43% of Brewster’s total housing units are occupied part-time seasonally, or only on occasion; therefore, seasonal workers, vacationers and year rounders are competing for housing. (Town of Brewster Housing Production Plan 2017). “The influence of seasonal buyers on the demand and supply of existing and new housing units creates competition from outside the immediate region. The financial resources of second home buyers typically far exceed those of year-round buyers.” (Cape Cod Commission Housing Market Analysis by Cape Cod Commission, 2017). •MLS Low Inventory. According to a Cape & Islands MLS report on 8/24/2020 there are only 32 single family homes for sale in the Town of Brewster. This very low inventory may reflect the impact that Covid-19 has had on available properties in Brewster and other surrounding Cape towns. Persons of means, fleeing urban areas are purchasing properties from which they can work remotely. High Housing costs, Low Wages = Affordability Gap •Median income in Brewster is $73,765 (Census.gov/quick facts, 2014-2018). 32% of households fall at or below $50,000 annual income, with 31% between $50,000 and $100,000 (US Census Bureau, 2014- 2018 ACS 5-Year Estimate). [HUD AMI for Barnstable County in 2020 is $96,300.] •According to the Cape Cod Commission’s analysis, Brewster’s home sale values are well beyond the reach of even those at 120% of the town’s median income. A household at the town’s median income could afford a single-family home of about $346,105. At 80% of AMI, affordability would be at about $222,665. •As stated above, according to Cape Cod & Islands Board of Realtor’s MLS (as of August 24, 2020) there were 32 single family homes and 8 condominium units for sale in Brewster. None of the 32 single family homes was priced under $350,000. Two studio condominiums (285+/- sf) were listed at $149,900 with monthly fees of $116 per month. And four 2-bedroom condominiums were listed between $246,000 and $295,000 with monthly fees averaging $381 per month. •The median listing price as of August 24, 2020 for a single-family Brewster home was $987,450. The median price for a Brewster condominium was $254,500. Specific to this application, Habitat has received local support from Brewster’s Town Administrators, Housing Coordinator, Town Planner and other Department Heads, Brewster’s Housing Partnership and its Select Board, all having collaborated with Habitat on this project. Brewster’s Housing Production Plan, revised in 2017, affirms that affordable housing is a major issue to address in order to keep young families and working individuals housed. With support from many private citizens and town officials, Brewster is committed to continue to increase its affordable housing stock through development of new rental and home ownership units in the coming years. Thank you for your consideration. If you have any questions, please do not hesitate to be in touch. With regards, Elizabeth H. Wade, Habitat of Humanity for Cape Cod, Inc. Director of Land Acquisition & Project Development land@habitatcapecod.org 508-362-3559 x 24. cc.Peter Lombardi, Town Administrator Donna Kalinick, Assistant Town Administrator Jill Scalise, Housing Coordinator Ralph Marotti, Brewster Housing Partnership Joe Taylor, Executive Director, CIVOC LOTTERY DESCRIPTION with a USA Veteran Preference Date: TBA Habitat for Humanity of Cape Cod, Inc. Project: Red Top Road, Brewster – 2 homes 1 home is Veteran Preference; 1 home is Open Specifically: 1-3BR will be Open 1-3BR will be Veteran Preference There will be one home with a USA Veteran preference. Both homes will serve households at or below 65% of median income, however, pending outcome of FHLBB grant. For 1 household, there would be 65% income limit 1-3BR For 1 household, there will be a 60% income limit 1-3BR PLEASE NOTE: THERE WILL BE TWO APPLICANT POOLS, Veteran and Open/general. After the Veteran selection, all Veteran applicants not among the first draw will be added to the Open/general pool before the drawing from that pool. PRE-LOTTERY 1)In preparation for the lottery, mark all chips/listed applicants with Appl number; V for “Veteran”, if applicable; and M for minority, if applicable; and the number of bedrooms that the house-applicant will Maximize; and the smaller bedroom size that would also be allowable (where applicable) without overcrowding, and also whether income is within 60% or 65%. 2)Mark all non-Veteran applicants with the Application # and the bedroom size designations, and M, if applicable, and income designation, but without the V designation 3)Review the Veteran preference applicant data sheet to consider whether there needs to be a special minority lottery held first as described in “BACKGROUND BELOW.” If so, separate out the non- Veteran minority “chips” so that a non-Veteran lottery may be held as the first lottery step. LOTTERY Phase 1 1)ONLY if required: enter all minority non-Veteran applicants into the pot, and do a drawing to determine which one(s) will be entered into the Veteran pool. Add “V” to any such “chip” to add to Veteran pool. 2)Enter all VETERAN-designated chips in one lottery. Draw all chips in order, logging in the order of selection – including 60/65% median category and house size maximizing. Maintain the record of the lottery for future reference. Offers will be made in this order drawn, conditional on #3 below. 3)Phase 1: Review the drawing for the first chip that will maximize a 3BR home. Confirm that the 1 household is at the 60 or 65% limit. Review the drawn chip for a Veteran preference. 4)Add ALL applicants (other than confirmed the one VETERAN selection) into the GENERAL/OPEN pool. 5)Again, draw all the chips, and record the order for the Open selection home. 6)Offers will be made to the next selection in the OPEN lottery – one that will maximize 1-3BR. As only 1- 3BR may be at the 65% income limit, the outcome of the Veteran lottery will determine whether the Open selection may only be at 60%, or if there is the latitude to either household category to be selected. 7) Carefully review the final selection to confirm that one of the selections is at or below 60% AMI. If not, lower income households, to the targeting number needed, will be moved up in their ranking for a housing offer. OTHER The Habitat lottery administrator summarizes the approved lottery process at the start of the proceedings. If the “monitors” are willing to do the actual drawings from the bucket they are asked to do so; otherwise they simply witness. At least two pairs of scribes record the proceedings – one on the spread sheet listing each applicant with lottery characteristics, and one, simply in the order of selection. Before concluding, we restate the outcome of the lottery and have a couple of witnesses sign the paper records of the order of drawings from the pool. *BACKGROUND The lottery process will conform to standards consistent with the requirement s of the Department of Housing and Community Development’s (DHCD) Local Initiative Program (LIP). Habitat shall pre-qualify candidates according to its established criteria and then conduct the lottery, which shall not be public but which shall be monitored by a representative of the Brewster Housing Authority and/or the Brewster Affordable Housing Committee or any alternate monitoring agency as may be designated by DCHD, and acceptable to the Town. Post-lottery, before notification of lottery winners, the eligibility and qualifications of lottery winners, DHCD or its designee shall be given the opportunity to certify the eligibility and qualifications of lottery winners. HHCC Board of Directors will do final certification of the results. (Please note: This is a “blind” review of eligibility of selected applicants in accordance with established policy/process) Veteran preference: As has been approved by DCHD there will be a Veteran preference pool for the lottery for one of the two homes. The definition of Veteran will be in conformance with DHCD’s Affirmative Fair Marketing Plan and will include all households currently living in any location. In conformance with DCHD standards, no more than 70% of the units for this project may receive a Veteran preference. For all homes, eligible qualified applicants who live or work in the 15-Town service area (Barnstable County) of Habitat for Humanity of Cape Cod shall not receive a preference over those who do not. Minority participation: If the veteran preference pool does not have representation of minority applicants equal to the county percentage of 7.8%, then non-veteran minority applicants shall be added to the veteran pool (to equal that percentage) to satisfy that program requirement. These non-veteran minority applicants will be selected by having a pre-lottery of such applicants to select which such applicants will be added to the “Veteran” selection pool. Household size/bedroom size: There will be a preference system within the selection process for households that will utilize all bedrooms of their home, with at least one person to each bedroom, with couples presumed to share a bedroom unless medical documentation is presented to demonstrate a true need for separate bedrooms. If there is no household of number/composition to fill all bedrooms, the earliest selection in the lottery of the size household that would fill all but one, will be given the opportunity to select a larger house size, and so on. LOTTERY DESCRIPTION FOR LOCAL PREFERENCE If NO VETERAN APPLICANTS QUALIFY Habitat for Humanity of Cape Cod, Inc. Project: Red Top Road, Brewster – 2 homes 1 home is Local Preference; 1 home is Open Specifically: 1- 3BR will be Open 1- 3BR will be Local Preference Both homes will serve households at or below 65% of median income, however, pending outcome of FHLBB grant. For 1 household, there would be 65% income limit 1- 3BR For 1 household, there will be a 60% income limit 1-BR PLEASE NOTE: THERE WILL BE TWO APPLICANT POOLS, Local and Open/general. After the Local selection, all Local applicants not among the first draw will be added to the Open/general pool before the drawing from that pool. PRE-LOTTERY 1) In preparation for the lottery, mark all chips/listed applicants with Appl number; L for “Local, if applicable; and M for minority, if applicable; and the number of bedrooms that the house-applicant will Maximize; and the smaller bedroom size that would also be allowable (where applicable) without overcrowding, and also whether income is within 60% or 65%. 2) Mark all non-Local applicants with the Application # and the bedroom size designations, and M, if applicable, and income designation, but without the L designation 3) Review the Local preference applicant data sheet to consider whether there needs to be a special minority lottery held first as described in “BACKGROUND BELOW.” If so, separate out the non- Local minority “chips” so that a non-Local lottery may be held as the first lottery step. LOTTERY Phase 1 1) ONLY if required: enter all minority non-Local applicants into the pot, and do a drawing to determine which one(s) will be entered into the Local pool. Add “L” to any such “chip” to add to Local pool. 2) Enter all LOCAL-designated chips in one lottery. Draw all chips in order, logging in the order of selection – including 60/65% median category and house size maximizing. Maintain the record of the lottery for future reference. Offers will be made in this order drawn, conditional on #3 below. 3) Phase 1: Review the drawing for the first chip that will maximize a 3BR home. Confirm that the 1 household is at the 60 or 65% limit. 4) Add ALL applicants (other than confirmed the one LOCAL selection) into the GENERAL/OPEN pool. 5) Again, draw all the chips, and record the order for the Open selection home. 6) Offers will be made to the next selection in the OPEN lottery – one that will maximize 1- 3BR. As only 1- 3BR may be at the 65% income limit, the outcome of the Local lottery will determine whether the Open selection may only be at 60%, or if there is the latitude to either household category to be selected. 7) Carefully review the final selection to confirm that one of the selections is at or below 60% AMI. If not, lower income households, to the targeting number needed, will be moved up in their ranking for a housing offer. OTHER The Habitat lottery administrator summarizes the approved lottery process at the start of the proceedings. If the “monitors” are willing to do the actual drawings from the bucket they are asked to do so; otherwise they simply witness. At least two pairs of scribes record the proceedings – one on the spread sheet listing each applicant with lottery characteristics, and one, simply in the order of selection. Before concluding, we restate the outcome of the lottery and have a couple of witnesses sign the paper records of the order of drawings from the pool. *BACKGROUND The lottery process will conform to standards consistent with the requirement s of the Department of Housing and Community Development’s (DHCD) Local Initiative Program (LIP). Habitat shall pre-qualify candidates according to its established criteria and then conduct the lottery, which shall not be public but which shall be monitored by a representative of the Brewster Housing Authority and/or the Brewster Affordable Housing Committee or any alternate monitoring agency as may be designated by DCHD, and acceptable to the Town. Post-lottery, before notification of lottery winners, the eligibility and qualifications of lottery winners, DHCD or its designee shall be given the opportunity to certify the eligibility and qualifications of lottery winners. HHCC Board of Directors will do final certification of the results. (Please note: This is a “blind” review of eligibility of selected applicants in accordance with established policy/process) Local preference: As has been approved by DCHD there will be a Local preference pool for the lottery for one of the two homes. The definition of Local will be in conformance with DHCD’s Affirmative Fair Marketing Plan and will include households currently living in Town, households with a member employed by a local business or the municipality or school district, or with a household member attending public school in the Town. In conformance with DCHD standards, no more than 70% of the units for this project may receive a local preference. For all homes, eligible qualified applicants who live or work in the 15-Town service area (Barnstable County) of Habitat for Humanity of Cape Cod shall receive a preference over those who do not. Minority participation: If the local preference pool does not have representation of minority applicants equal to the county percentage of 7.8%, then non-local minority applicants shall be added to the local pool (to equal that percentage) to satisfy that program requirement. These non-local minority applicants will be selected by having a pre-lottery of such applicants to select which such applicants will be added to the “Local” selection pool. Household size/bedroom size: There will be a preference system within the selection process for households that will utilize all bedrooms of their home, with at least one person to each bedroom, with couples presumed to share a bedroom unless medical documentation is presented to demonstrate a true need for separate bedrooms. If there is no household of number/composition to fill all bedrooms, the earliest selection in the lottery of the size household that would fill all but one, will be given the opportunity to select a larger house size, and so on. 1 Habitat for Humanity of Cape Cod, Inc. Project: Red Top Road in Brewster. Two 3-bedroom homes Please note that marketing materials have been drafted with the assumption of an FHLBB award, therefore with income limits for one home at 60% of area median income, and 65% for one home. FHLBB award announcements are made in Dec. If we are unsuccessful, we will revise income limits – in advance of any publication or distribution - for both homes to 65% - Habitat Cape Cod’s standard limit when grant targeting does not require otherwise. MARKETING PLAN FOR HOMEOWNERSHIP APPLICANTS Time period: Application deadline shall be at least 60 days from the announcement of availability of applications. Marketing for these homes is scheduled so that purchasers are selected in time to participate, alongside volunteers, in the building of their homes. Notice of application availability and public workshops: (1) Notices sent to area newspapers: The Cape Cod Times (regional paper), and any other weekly or daily serving the Town where the new homes will be located, specifically– the Cape Codder. Two paid advertisements will be placed in the regional newspaper (CC Times) – unless this required is waived by DHCD (related to equivalent/superior publicity with free notices & social media). Also, notices will be sent to Brazilian Times and JS News. (2) Public Service Announcements to local radio stations and local access cable TV (3) Notices and fliers sent to Brewster Town Hall and local Chamber of Commerce (4) Notices and fliers sent to faith congregations and associations in the Town and surrounding Towns (5) Notices and fliers sent to Town and area housing and social service agencies, and organizations serving the Cape’s minority population, including all those included on the attached sheet. (6) Paper or electronic fliers distributed through the town Elementary and Middle Public Schools serving the Town, as allowed by the Superintendent; and the high school if it has an electronic distribution system (7) At least two public information workshops are held in the town (If COVID19 restrictions are lifted) to inform and assist potential applicants, in addition to sessions and individual assistance available at the Habitat office. Virtual workshops will be offered via Zoom. (8) Applications will be available at one accessible Town location (If COVID19 restrictions are lifted), as well as from Habitat’s office, and can be printed from the Habitat website. The Town location will be open during daytime and evening hours. (9) Posting, as required on these websites: Massachusetts Affordable Housing Alliance (MAHA): http://www.massaffordablehomes.org/defau1t.aspx and the Citizen’s Housing and Planning Association (CHAPA): http://www.massaccesshousingregistry.org/ and Massachusetts Affordable Homes: http://www.massaffordablehomes.org/ (10) Translated materials: The “flyers” and the announcements on our website will also be translated and available in Portuguese and Spanish. Please note, the above is a summary of the marketing plan. Attached is the specific outreach list where notices are placed. / / / REGION Contact Church Address City State ZIP Email All Pastor Jonathan Ahnquist AID Association for Lutherans P.O. Box 157 West Barnstable MA 02668-0157 firstlutheran@comcast.net All Chaplain Asst. Karl Armstrong Air Station Cape Cod Community Chapel South Inner Road Buzzards Bay MA 02542 All Ms. Jessica Dill Am HaYam Cape Cod P.O. Box 1235 Brewster MA 02631 jrdill@comcast.net All Anshei Chesed Conservative Synagogue of Cape CP.O. Box 587 Marstons Mills MA 02648-0587 Upper Bay Community Alliance PO Box 296 Buzzards Bay MA 02532-0296 pastor@baycommunity.org Falmouth Bethel of Woods Hole P.O. Box 394 Woods Hole MA 02543-0394 Bourne Reverend Sharon Miesel Bourne United Methodist Church P.O. Box 3037 Bourne MA 02532-0737 bournepastor@verizon.net All Pastor Bruce Smith Calvary Baptist Church 25 Lincoln Road Ext Hyannis MA 02601-2403 All Pastor Ben Feldott Cape Cod Baptist Church 805 Teaticket Hwy Teaticket MA 02536-5847 office@capecodchurch.com All Pastor Artie Shaffer Cape Cod Church of Christ PO Box 579 Marstons Mills MA 02648-1243 info@capecodchurchofchrist.org All Edythe Nesmith Cape Cod Council of Churches PO Box 758 Hyannis MA 02601-0758 capecodcoucil@verizon.net All Pastor Tom Nelson Cape Cod Covenant Church P.O. Box 219 South Dennis MA 02660-0219 capecovenantchurch@comcast.net; pastortom@capecodcovenantchurch.com All Rabbi David Freelund Cape Cod Synagogue 145 Winter Street Hyannis MA 02601-5542 office@ccsynagogue.org All Cape Cod United Methodist Men's Club 42 Monomoy Road South Yarmouth MA 02664-1982 All Catholic Bishop of Fall River PO Box 1800 Mashpee MA 02649-1800 All Pastor Michael Malagna Christ Chapel 1200 Old Stage Road Centerville MA 02632-2053 jpl@christchapecapecod.org Upper Reverend Carl Evans Christ Lutheran Church 485 Brick Kiln Road Falmouth MA 02540-3009 clcchurch@verizon.net All Reverend Msgr. Daniel Hoye Christ the King PO Box 1800 Mashpee MA 02649-1800 ctk@cape.com All Reverend Adam Linton Church of the Holy Spirit 204 Monument Road Orleans MA 02653-3512 holyspiritorleansadmin@verizon.net All Reverend Deborah Warner Church of the Messiah 13 Church Street Woods Hole MA 02543-1007 messiahfisher@comcast.net All Reverend Buddy Washburn Church of the Nazarene 292 Brick Kiln Road Teaticket MA 02536-5612 All Church of the New Jerusalem 260 Route 6A Yarmouth Port MA 02675-1719 All Community of Jesus P.O. Box 1094 Orleans MA 02653-1094 All Reverend George Harrison Corpus Christi Church 324 Quaker Meetinghouse Road East Sandwich MA 02537-2170 cnoonan@corpuschristiparish.org; dkelly@corpuschristiparish.org Mashpee Reverend Vicki Keene Cotuit Federated Church P.O. Box 436 Cotuit MA 02635-0436 cotuitpastor@comcast.net All Evangelical Baptist Church P.O. Box 209 South Yarmouth MA 02664-0209 All Reverend Steve Hawley Faith Assembly of God Church 154 Bearses Way Hyannis MA 02601-3895 All Pastor John Kerns Faith Baptist Church 251 Osterville West Barnstable Rd Osterville MA 02655-1522 Falmouth Pastor Jon Ely Falmouth Baptist Church 60 Central Park Avenue Falmouth MA 02540-3708 church@falmouthbaptist.com Falmouth Rabbi Elias Lieberman Falmouth Jewish Congregation 7 Hatchville Road East Falmouth MA 02536-4007 fjoffice@comcast.net All Rev. Dr. Paul R. Adkins Federated Church of Hyannis 320 Main Street Hyannis MA 02601-0543 info@federatedchurch.org; pastor@federatedchurch.org Upper Fellowship First Church of Christ PO Box 1569 Sagamore Beach MA 02562-1569 All Pastor Jonathan Singer First Baptist Church of Hyannis P.O. Box 457 Hyannis MA 02601-0457 fbchyannis@verizon.net All First Born Harvest Ministries PO Box 1641 Hyannis MA 02601-1641 Sandwich Rev. Tina Walker-Morin First Church of Christ in Sandwich P.O. Box 810 Sandwich MA 02563-0810 sanducc@firstchurchsandwich.org Sandwich Outreach Committee First Church of Christ in Sandwich PO Box 810 Sandwich MA 02563-0810 Barnstable First Church of Christ Scientist - Centerville PO Box 315 Centerville MA 02632-0315 Falmouth First Church of Christ Scientist - Falmouth 175 Palmer Avenue Falmouth MA 02541-0725 All Pastor Phil Jackson First Congregational Church 329 Route 6A Yarmouth Port MA 02675-1817 Pastor@fccyarmouth.org Falmouth Women's Fellowship First Congregational Church - Falmouth 68 Main Street Falmouth MA 02540-2667 Falmouth Reverend Dr. Douglas Showalter First Congregational Church - Falmouth 68 Main Street Falmouth MA 02540-2667 calyons1@partners.org; info@firstcongfalmouth.org All Reverend Jane O'Hara Shields First Lutheran Church P.O. Box 157 West Barnstable MA 02668-0157 firstlutheran@comcast.net; lynn.tozier@comcast.net All Bishop First Pentecostal Church 58 Main Street, # 130 Mashpee MA 02649-2245 Sandwich Pastor Bruce Hanlon Forestdale Baptist Church 110 Route 130 Forestdale MA 02644-1128 All Foundation for Christian Services 1 Wade Court Montville NJ 07045-9137 All Pastor Steve Hawley Heritage Christian Life Center 655 Boxberry Hill Road East Falmouth MA 02536-4129 phil@heritageccag.com All Pastor Mike Beckner Hope Baptist Church P.O. Box 131 South Dennis MA 02660-0131 All Reverend Dr. David Calhoun John Wesley United Methodist Church P.O. Box 696 Falmouth MA 02541-0696 jwumcfalmouth@verizon.net Barnstable Reverend Earl Roberts Marstons Mills Community Church 2135 Main Street Marstons Mills MA 02648 Mashpee Mashpee Baptist Church PO Box 1770 Mashpee MA 02649-1770 All New Hope Full Gospel Church PO Box 235 Hyannis MA 02601-0235 All New Testament Baptist Church 491 Higgins Crowell Road West Yarmouth MA 02673-2579 Falmouth Reverend Fred Meade North Falmouth Congregational Church PO Box 403 North Falmouth MA 02556-0403 officenfcc@gmail.com All Oak Hill Bible Church PO Box 277 Oxford MA 01540-0277 All Mr. Kevin York One Light 651 Race Lane Marstons Mills MA 02648-1941 on-cape@comcast.net All Pastor Rob Wheeler Osterville Baptist Church 824 Main Street Osterville MA 02655-0433 All Ms. Carolyn Russett Osterville United Methodist Women 83 Richardson Road Centerville MA 02632-2454 capecodwolfe@aol.com All Reverend Mark Hession Our Lady of the Assumption PO Box E Osterville MA 02655-1055 All Reverend Mark Hession Our Lady of Victory Church 230 South Main Street Centerville MA 02632-3298 frmrh@olvparish.org All Our Savior Lutheran Church 14 Cape Drive Mashpee MA 02649-3077 Upper Pastor Ed de la Cour Pocasset Baptist Church PO Box 1080 Pocasset MA 02559-1080 pastor@pocassetbaptist.org All Reverend James LaBelle Presbyterian Church of Cape Cod PO Box 836 West Barnstable MA 02668-0836 jlabelle@presbyterianchurchofcapecod.com All Pastor John Piroski Seventh-Day Adventist Church 2736 Falmouth Road Osterville MA 02655-1216 All Missions/Outreach South Congregational Church 565 Main Street Centerville MA 02632-2915 sochurch@comcast.net All Episcopal Church Woman Spirit of Sharing 451 Essex Street, # 10 Swampscott MA 01907-1226 Upper Mr. William Costello St. Anthony's Church 167 East Falmouth Hwy East Falmouth MA 02536-6038 stanthonychurch@cape.com Upper Reverend Patti Barrett St. Barnabas Memorial Church PO Box 203 Falmouth MA 02541-0203 revpat1@mac.com Lower Reverend Armand Kreft St. David's Episcopal Church 205 Old Main Street South Yarmouth MA 02664-4529 Office@stdavids4222.comcastbiz.net Upper Deacon Bill Martin St. Elizabeth Seton Guild PO Box 861 North Falmouth MA 02556-0861 saintelizabethseton@comcast.net All Reverend Michael Fitzpatrick St. Francis Xavier Church 347 South Street Hyannis MA 02601-5495 All Reverend, Fr. Panagiotis Giannakopoulos St. George Greek Orthodox Church 1130 Falmouth Road Centerville MA 02632-3022 agios@stgeorge-capecod.com Upper Reverend Arnold Medeiros St. John the Evangelist PO Box 1558 Pocasset MA 02559-1558 stjohn.rectory@verizon.net All Cheryl Hulslander, Admin.St. John's Episcopal Church 159 Main Street Sandwich MA 02563-2283 office@stjohnschurch-sandwich.com Upper Reverend Arnold Medeiros St. Joseph's Church PO Box 3 Woods Hole MA 02543-0003 stjosephchurch@verizon.net Upper Reverend Francis de Sales Paolo St. Margaret's Catholic Church 141 Main Street Buzzards Bay MA 02532-3290 stmargarets.rectory@verizon.net All Reverend Libby Gibson St. Mary's Episcopal Church P.O. Box 395 Barnstable MA 02630-0395 stmary@cape.com All Reverend Benjamin Kjendal St. Michael The Archangel Orthodox Church 62 Main Street Cotuit MA 02635-2518 Upper Father Tim Goldrick St. Patrick's Church 511 Main Street Falmouth MA 02540-3160 stpatrick80@gmail.com All Reverend St. Peter's Episcopal Church PO Box 437 Osterville MA 02655-0421 stpeters14@juno.com Upper Reverend Sue Lederhouse St. Peter's Episcopal Church On the Canal P. O. Box 265 Buzzards Bay MA 02532-3228 saintpeters@verizon.net Upper Reverend Brian Wood Swift Memorial United Meth. Church P.O. Box 270 Sagamore Beach MA 02562-0270 swiftmemorial@verizon.net Upper Mr. Karl Armstrong The Post Community Chapel 1015 S Inner Road Buzzards Bay MA 02542-1331 karl.l.armstrong@uscg.mil All Reverend, Dr. Kristen Harper Unitarian Church PO Box 285 Barnstable MA 02630-0285 Upper Reverend Paul Langston-Daley Unitarian Universalist Fellowship 840 Sandwich Road East Falmouth MA 02536-4023 info@uuffm.org Upper Reverend Sharon Miesel United Methodist Church - Cataumet PO Box 812 Cataumet MA 02534-0812 smiesel@earthlink.net All Outreach Committee United Methodist Church - Osterville 57 Pond Street Osterville MA 02655-1508 capecodwolfe@aol.com All Reverend Steve Cordy Unity Church of the Light 147 Walton Avenue Hyannis MA 02601-2750 steve.ucl@verizon.net Upper Women's Fellowship Waquoit Congregational Church 15 Parsons Lane East Falmouth MA 02536-5506 waquoitucc@comcast.net Upper West Falmouth Friends Meeting PO Box 720 West Falmouth MA 02574-0720 Upper Reverend Sieglinde Rogers West Falmouth United Methodist Church P.O. Box 303 West Falmouth MA 02574-0303 pastorssmith@gmail.com All Outreach Committee West Parish of Barnstable P.O. Box 219 West Barnstable MA 02668-0219 contact@westparish.org All Reverend Bernard Harris Zion Union Church 805 Attucks Lane Hyannis MA 02601 zionunionchurch@comcast.net All Reverend Greg Barr New Road Church 260 Longview Dr Centerville MA 02632 All Israel M. Dasilva Brazilian Assembly of God in Hyannis 941 Mary Dunn Rd Hyannis MA 02630 All Brazilian Catholic Com St. Francis Xavier 347 South Street Hyannis MA 02630 All Apostle Winston Trought Covenant on The Rock Family Church 45 Plant Rd #112 Hyannis MA 02601 All Sara Hunter First Church of Christ PO Box 86 Hyannis MA 02601 All Fonte da Vida 77 High School Ext Hyannis MA 02601 All Pastor Marcello Pretti Igreja Presbiteria Renovada 58D Corporation Rd Hyannis MA 02601 All Alonso Dacunha Presbiteriana 320 Main Street Hyannis MA 02601 All Pastor Alvosir Marcondes Primeria Egreja Batista 631 Main Street Hyannis MA 02601 All Captain Cynthia Brown Salvation Army 100 North Street Hyannis MA 02601 ARMENIAN APOSTOLIC CHURCH OF CAPE COD PO BOX 1485 Mashpee MA 02649 MRS TERESA ROSE DONOVAN BAHAIS OF MASHPEE 47 POND VIEW DR Mashpee MA 02649 Judith Partelow Bahais of Mid-Cape judithp@yahoo.com THOMAS MORROW INSTITUTE FOR ADVANCED STUDIES OF WORLD R39 WALTON HEATH WAY Mashpee MA 02649 REV FRANCES HOUSTON PRAYING STRONG ALL TRIBES HOUSE 2 COOMBS LN Mashpee MA 02649 DAVID E ROBBINS SOLID ROCK MINISTRIES 37 DIXON DR Mashpee MA 02649 CAPE COD UNITED CHURCH HOME INC II ONE WAMPANOAG DRIVE Mashpee MA 02649 James Kershner Cape Buddhist Sangha ISLAMIC CENTER OF CAPE COD PO Box# 1318 Mashpee MA 02649 508-428-0755 http://i.c.c.c.tripod.com/ ATTACHMENT 16 RA Page 1 Sept. 2, 2016 LOCAL INITIATIVE PROGRAM REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR OWNERSHIP PROJECT This Regulatory Agreement and Declaration of Restrictive Covenants (the “Agreement”) is made this ___ day of _____________ 20__ by and among the Commonwealth of Massachusetts, acting by and through the Department of Housing and Community Development (“DHCD”), pursuant to G.L. c. 23B §1 as amended by Chapter 19 of the Acts of 2007, the City/ Town of __ Brewster (“the Municipality”), and ____Habitat for Humanity of Cape Cod, Inc.________________________________, a Massachusetts corporation/limited partnership/limited liability company, having an address at 411 Main Street, Suite 6, Yarmouth Port, MA 02675_______________________, and its successors and assigns (“Project Sponsor”). WITNESSETH: WHEREAS, pursuant to G.L. c. 40B, §§ 20-23 (the “Act”) and the final report of the Special Legislative Commission Relative to Low and Moderate Income Housing Provisions issued in April 1989, regulations have been promulgated at 760 CMR 56.00 (the “Regulations”) which establish the Local Initiative Program (“LIP”); WHEREAS, the Project Sponsor intends to construct a housing development known as _Red Top Road Community Housing _____________________________ at a 1.343__-acre site on ____Red Top ___________________ Street/Road in the Municipality, more particularly described in Exhibit A attached hereto and made a part hereof (the “Project”); WHEREAS, such Project is to consist of a total number of ____Three (3)____ condominium units/detached dwellings (the “Units”) and ___Two (_2)____ of the Units will be sold at prices specified in this Agreement to persons or households with incomes at or below eighty percent (80%) of the regional median household income (the “Low and Moderate Income Units”); WHEREAS, [For comprehensive permit projects add: upon application of the Chief Executive Officer of the Municipality (as that term is defined in the Regulations) and the Project Sponsor, DHCD made a determination of project eligibility pursuant to 760 CMR 56.04 and the Project Sponsor has received a comprehensive permit from the Zoning Board of Appeals of the Municipality, which permit is recorded/filed at the _Barnstable______________ Registry of Deeds/Registry District of the Land Court (the “Registry”) in Book _______, Page________/as Document No. ____________ (the “Comprehensive Permit)] [For Local Action Units add: the Chief Executive Officer of the Municipality (as that term is defined in the Regulations) and the Project Sponsor have made application to DHCD to certify that the units in the Project are Local Action Units (as that term is defined in the Comprehensive Permit Guidelines (the “Guidelines”)) published by DHCD with the LIP Program; and RA Page 2 Sept. 2, 2016 WHEREAS, in partial consideration of the execution of this Agreement, [for comprehensive permit projects add: DHCD is issuing its final approval of the Project within the LIP Program pursuant to Section 19 of this Agreement, and has given and will give technical and other assistance to the Project] [for Local Action Units add: DHCD has given and will give technical and other assistance to the Project]; NOW, THEREFORE, in consideration of the agreements and covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which each of the parties hereto hereby acknowledge to the other, DHCD, the Municipality, and the Project Sponsor hereby agree and covenant as follows: 1. The Project Sponsor agrees to construct the Project in accordance with plans and specifications approved by the Municipality (the “Plans and Specifications”) [for comprehensive permit projects add: and in accordance with all terms and conditions of the Comprehensive Permit]. In addition, all Low and Moderate Income Units to be constructed as part of the Project must be indistinguishable from other Units in the Project from the exterior (unless the Project has an approved “Alternative Development Plan” as set forth in the Comprehensive Permit Guidelines (the “Guidelines”)) published by DHCD, and must contain complete living facilities including but not limited to a stove, refrigerator, kitchen cabinets, plumbing fixtures, and washer/dryer hookup, all as more fully shown in the Plans and Specifications. ________ of the Low and Moderate Income Units shall be one bedroom units; ________ of the Low and Moderate Income Units shall be two bedroom units; __Two (2)______ of the Low and Moderate Income Units shall be three bedroom units; and, ________ of the Low and Moderate Income Units shall be four bedroom units. All Low and Moderate Income Units to be occupied by families must contain two or more bedrooms. Low and Moderate Income Units must have the following minimum areas: one bedroom units - 700 square feet two bedroom units - 900 square feet three bedroom units - 1200 square feet four bedroom units - 1400 square feet The Project must fully comply with the State Building Code and with all applicable state and federal building, environmental, health, safety and other laws, rules, and regulations, including without limitation all applicable federal and state laws, rules and regulations relating to the operation of adaptable and accessible housing for persons with disabilities. [For comprehensive permit projects add: Except to the extent that the Project is exempted from such compliance by the Comprehensive Permit,] the Project must also comply with all applicable local codes, ordinances and by-laws. Each Low and Moderate Income Unit will be sold for no more than the price set forth in Exhibit B attached hereto and made a part hereof to an Eligible Purchaser. An Eligible Purchaser is a Family (i) whose annual income does not exceed eighty percent (80%) of the Area median income adjusted for family size as determined by the U. S. Department of Housing and Urban Development and (ii) whose assets do not exceed the limits specified in the Guidelines. A RA Page 3 Sept. 2, 2016 “Family” shall mean two or more persons who will live regularly in the Low or Moderate Income Unit as their primary residence and who are related by blood, marriage, or operation of law or who have otherwise evidenced a stable inter-dependent relationship; or an individual. The “Area” is defined as the _________Barnstable________________________ MSA/HMFA/County. 2. Upon the occurrence of one of the events described in 760 CMR 56.03(2), the Project will be included in the Subsidized Housing Inventory as that term is described in 760 CMR 56.01. Only Low and Moderate Income Units will be counted as SHI Eligible Housing as that term is described in 760 CMR 56.01 for the purposes of the Act. 3. (a) At the time of sale of each Low and Moderate Income Unit by the Project Sponsor, the Project Sponsor shall execute and shall as a condition of the sale cause the purchaser of the Low and Moderate Income Unit to execute an Affordable Housing Deed Rider in the form of Exhibit C attached hereto and made a part hereof (the “Deed Rider”). Such Deed Rider shall be attached to and made a part of the deed from the Project Sponsor to the Unit Purchaser. Each such Deed Rider shall require the Unit Purchaser at the time he desires to sell the Low and Moderate Income Unit to offer the Low and Moderate Income Unit to the Municipality and to DHCD at a discounted purchase price more particularly described therein. The Municipality and DHCD shall have the option upon terms more particularly described in the Deed Rider to either purchase the Low and Moderate Income Unit or to find an Eligible Purchaser. The Deed Rider shall require the Unit Purchaser and the Eligible Purchaser to execute at the time of resale a Deed Rider identical in form and substance to the Deed Rider then in effect with respect to the Low and Moderate Income Unit which will be attached and made a part of the deed from the Unit Purchaser to the Eligible Purchaser, so that the affordability of the Low and Moderate Income unit will be preserved each time that subsequent resales of the Low and Moderate Income unit occur. (The various requirements and restrictions regarding resale of a Low and Moderate Income Unit contained in the Deed Rider are hereinafter referred to as the (“Resale Restrictions”). If upon the initial resale or any subsequent resale of a Low and Moderate Income Unit, the Municipality and DHCD are unable to find an Eligible Purchaser for the Low and Moderate Income Unit, and the Municipality and DHCD each elect not to exercise its right to purchase the Low and Moderate Income Unit, then the then current owner of the Low and Moderate Income Unit shall have the right to sell the Low and Moderate Income Unit to any person, regardless of his income (an “Ineligible Purchaser”) at the Maximum Resale Price and subject to all rights and restrictions contained in the Deed Rider, and provided that the Unit is conveyed subject to a Deed Rider identical in form and substance to the Deed Rider then in effect with respect to the Low and Moderate Income Unit which will be attached and made part of the deed from the Unit Purchaser to the Ineligible Purchaser. (b) For each sale of a Low and Moderate Income Unit, DHCD must approve the terms of the Eligible Purchaser’s mortgage financing as evidenced by DHCD’s issuance of the Resale Price Certificate described in the Deed Rider. (c) The Municipality agrees that in the event that it purchases a Low and Moderate Income Unit pursuant to its right to do so contained in the Deed Rider then in effect with respect to such Low and Moderate Income Unit, that the Municipality shall within six (6) months of its acceptance of a deed of such Low and Moderate Income Unit, either (i) sell the Low and Moderate Income Unit to an Eligible Purchaser at the same price for which it purchased the Low and Moderate Income Unit plus any expenses incurred by the Municipality during its period of RA Page 4 Sept. 2, 2016 ownership, such expenses to be approved by DHCD, subject to a Deed Rider satisfactory in form and substance to DHCD and the recording of an Eligible Purchaser Certificate satisfactory in form and substance to DHCD, the method for selecting such Eligible Purchaser to be approved by DHCD or (ii) rent the Low and Moderate Income Unit to a person who meets the income guidelines of the LIP Program, upon terms and conditions satisfactory to DHCD and otherwise in conformity with the requirements of the LIP Program. If the Municipality fails to sell or rent the Low and Moderate income unit as provided herein within said six (6) month period, or if at any time after the initial rental of the Low and Moderate Income Unit by the Municipality as provided herein the Low and Moderate Income Unit becomes vacant and remains vacant for more than ninety (90) days, then such Low and Moderate Income Unit shall cease to be counted as SHI Eligible Housing, and shall no longer be included in the Subsidized Housing Inventory. (d) Each Low and Moderate Income Unit will remain SHI Eligible Housing and continue to be included in the Subsidized Housing Inventory for as long as the following three conditions are met: (1) this Agreement remains in full force and effect and neither the Municipality nor the Project Sponsor is in default hereunder; (2) the Project and Low and Moderate Income Unit each continue to comply with the Regulations and the Guidelines as the same may be amended from time to time; and (3) either (i) a Deed Rider binding the then current owner of the Low and Moderate Income Unit to comply with the Resale Restrictions is in full force and effect and the then current owner of the Low and Moderate Income Unit is either in compliance with the terms of the Deed Rider, or the Municipality is in the process of taking such steps as may be required by DHCD to enforce the then current owner's compliance with the terms of the Deed Rider or (ii) the Low and Moderate Income Unit is owned by the Municipality and the Municipality is in compliance with the terms and conditions of the last preceding paragraph, or (iii) the Low and Moderate Income Unit is owned by DHCD. 4. [For comprehensive permit projects where the Project Sponsor is a for-profit entity add: (a) Effective August 7, 2007, DHCD has adopted the policies, procedures, and forms for determining limited dividend compliance set forth in the MassHousing document entitled “Preparation of Cost Certification upon Completion of Homeownership 40B Project for Which MassHousing Serves as Project Administrator: Guidance to Developers and Municipalities” (the “MassHousing Guidance”). The MassHousing Guidance shall govern the cost certifications obligations of the Project Sponsor under this Agreement. (b) The Project Sponsor shall be a limited dividend organization as defined by 760 CMR 56.01. Project Sponsor agrees that the aggregate profit from the Project which shall be payable to Project Sponsor or to the partners, shareholders or other owners of Project Sponsor or the Project shall not exceed twenty percent (20%) of total development costs of the Project , which development costs have been approved by DHCD (the “Allowable Profit”).] (c) Within one hundred eighty (180) days after Substantial Completion of the Project (as that term is defined in the MassHousing Guidance) or, if later, within sixty (60) days of the date on which all units in the Project are sold, the Project Sponsor shall deliver to the Municipality and to DHCD an itemized statement of total development costs together with a statement of gross income from the Project received by the Project Sponsor to date in form satisfactory to DHCD (the “Certified Cost and Income Statement”) prepared and certified by a certified public accountant RA Page 5 Sept. 2, 2016 satisfactory to DHCD. DHCD requires the prequalification of the certified public accountant hired by the Project Sponsor as more particularly set forth in Article IV (D) of the Guidelines. If all units at the Project have not been sold within twenty-four (24) months of Substantial Completion, a sale price for the remaining unsold units shall be imputed in an amount equal to the average of the last three (3) arms-length sales of comparable units, and a final Certified Cost and Income Statement shall be required within sixty (60) days thereafter. Prior to DHCD’s acceptance of the Certified Cost and Income Statement and for a period of 30 days after DHCD provides the Municipality with its determination of compliance with the limited dividend requirement, the Municipality shall have the option of having the Certified Cost and Income Statement evaluated for accuracy (e.g., absence of material errors) applying the same standards as DHCD by an independent auditor selected by the Municipality. DHCD will reasonably review any inaccuracies identified by the Municipality during this period and shall thereafter make a final determination of the Project Sponsor’s compliance with the limited dividend requirement. (d) .All profits from the Project in excess of the Allowable Profit (the “Excess Profit”) shall be paid by the Project Sponsor to the Municipality. The Municipality agrees that upon the receipt by the Municipality of any Excess Profit, the Municipality shall deposit any and all such Excess Profit into an affordable housing fund, if one exists in the Municipality, and otherwise into a fund established pursuant to G.L. c.44 §53A to be used by the Municipality for the purpose of reducing the cost of Low and Moderate Income Units to Eligible purchasers upon resale or for the purpose of encouraging, creating, or subsidizing the construction or rehabilitation of housing for persons and families of low and moderate income elsewhere in the Municipality. The expenditure of funds from the Affordable Housing Fund shall be reported on an annual basis to DHCD. For so long as the Project Sponsor complies with the requirements of this Section 4, the Project Sponsor shall be deemed to be a limited dividend organization within the meaning of the Act.] [For comprehensive permit projects where the Project Sponsor is a non-profit entity add: Within one hundred eighty (180) days after Substantial Completion of the Project or, if later, within sixty (60) days of the date on which all the units in the Project are sold, the Project Sponsor shall complete and deliver to the Municipality and to DHCD the section of the Local Initiative Program Application for Comprehensive Permit Projects entitled “Project Feasibility – Ownership Projects” (ownership pro forma, profit analysis, and cost analysis), documenting the actual development costs of and income from the Project, prepared and signed by the Chief Financial Officer of the Project Sponsor. Substantial Completion shall be deemed to have occurred when construction of the Project is sufficiently complete so that the Unit may be occupied and amenities may be used for their intended purpose, except for designated punch list items and seasonal work which does not interfere with the residential use of the Low and Moderate Income Units.] 5. (a) Prior to marketing or otherwise making available for sale any of the Units, the Project Sponsor must obtain DHCD's approval of a marketing plan (the “Marketing Plan”) for the Low and Moderate Income Units. Such Marketing Plan must describe the buyer selection process for the Low and Moderate Income Units and must set forth a plan for affirmative fair marketing of Low and Moderate Income Units and effective outreach to protected groups underrepresented in the municipality, including provisions for a lottery, consistent with the Regulations and Guidelines. At the option of the Municipality, and provided that the Marketing Plan demonstrates (i) the need for the local preference (e.g., a disproportionately low rental or RA Page 6 Sept. 2, 2016 ownership affordable housing stock relative to need in comparison to the regional area), and (ii) that the proposed local preference will not have a disparate impact on protected classes, the Marketing Plan may also include a preference for local residents for up to seventy percent (70%) of the Low and Moderate Income Units, subject to all provisions of the Regulations and Guidelines, provided that any local preference shall apply only to the initial unit sales by the Project Sponsor. When submitted to DHCD for approval, the Marketing Plan should be accompanied by a letter from the Chief Executive Officer of the Municipality (as that term is defined in the Regulations) which states that the buyer selection and local preference (if any) aspects of the Marketing Plan have been approved by the Municipality and which states that the Municipality will perform any aspects of the Marketing Plan which are set forth as responsibilities of the Municipality in the Marketing Plan. The Marketing Plan must comply with the Regulations and Guidelines and with all other applicable statutes, regulations and executive orders, and DHCD directives reflecting the agreement between DHCD and the U.S. Department of Housing and Urban Development in the case of NAACP, Boston Chapter v. Kemp. If the Project is located in the Boston-Cambridge-Quincy, MA-NH MSA, the Project Sponsor must list all Low and Moderate Income Units with the Boston Fair Housing Commission’s MetroList (Metropolitan Housing Opportunity Clearing Center); other requirements for listing of units are specified in the Guidelines. All costs of carrying out the Marketing Plan shall be paid by the Project Sponsor. (b) The Project Sponsor may use in-house staff to draft and/or implement the Marketing Plan, provided that such staff meets the qualifications described in the Guidelines. The Project Sponsor may contract for such services provided that any such contractor must be experienced and qualified under the standards set forth in the Guidelines. A failure to comply with the Marketing Plan by the Project Sponsor or by the Municipality shall be deemed to be a default of this Agreement. The Project Sponsor agrees to maintain for at least five years following the sale of the last Low and Moderate Income Unit, a record of all newspaper ads, outreach letters, translations, leaflets, and any other outreach efforts (collectively “Marketing Documentation”) as described in the Marketing Plan as approved by DHCD which may be inspected at any time by DHCD. All Marketing Documentation must be approved by DHCD prior to its use by the Project Sponsor or the Municipality. The Project Sponsor and the Municipality agree that if at any time prior to or during the process of marketing the Low and Moderate Income Units, DHCD determines that the Project Sponsor, or the Municipality with respect to aspects of the Marketing Plan that the Municipality has agreed to be responsible for, has not adequately complied with the approved Marketing Plan, that the Project Sponsor or Municipality as the case may be, shall conduct such additional outreach or marketing efforts as shall be determined by DHCD. 6. Neither the Project Sponsor nor the Municipality shall discriminate on the basis of race, religion, color, sex, sexual orientation, familial status, age, disability, marital status, national origin, genetic information, ancestry, children, receipt of public assistance, or any other basis prohibited by law in the selection of buyers for the Units; and the Project Sponsor shall not so discriminate in connection with the employment or application for employment of persons for the construction, operation or management of the Project. 7. (a) The Project Sponsor agrees to comply and to cause the Project to comply with all requirements of the Regulations and Guidelines and all other applicable laws, rules, regulations, and executive orders. DHCD and the Chief Executive Officer of the municipality RA Page 7 Sept. 2, 2016 shall have access during normal business hours to all books and records of the Project Sponsor and the Project in order to monitor the Project Sponsor's compliance with the terms of this Agreement. (b) Throughout the term of this Agreement, the Chief Executive Officer shall annually certify in writing to DHCD that each of the Low and Moderate Income Units continues to be occupied by a person who was an Eligible Purchaser at the time of purchase; that any Low and Moderate Income Units which have been resold during the year have been resold in compliance with all of the terms and provisions of the Deed Rider then in effect with respect to each such Low and Moderate Income Unit, and in compliance with the Regulations and Guidelines and this Agreement; and that the Project and the Low and Moderate Income Units have otherwise been maintained in a manner consistent with the Regulations and Guidelines, this Agreement, and the Deed Rider then in effect with respect to each Low and Moderate Income Unit. 8. Upon execution, the Project Sponsor shall immediately cause this Agreement and any amendments hereto to be recorded/filed with the Registry, and the Project Sponsor shall pay all fees and charges incurred in connection therewith. Upon recording or filing, as applicable, the Project Sponsor shall immediately transmit to DHCD and the Municipality evidence of such recording or filing including the date and instrument, book and page or registration number of the Agreement. 9. The Project Sponsor hereby represents, covenants and warrants as follows: (a) The Project Sponsor (i) is a _non-profit corporation______________________, duly organized under the laws of the Commonwealth of Massachusetts, and is qualified to transact business under the laws of this State, (ii) has the power and authority to own its properties and assets and to carry on its business as now being conducted, and (iii) has the full legal right, power and authority to execute and deliver this Agreement. (b) The execution and performance of this Agreement by the Project Sponsor (i) will not violate or, as applicable, has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and (ii) will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to which the Project Sponsor is a party or by which it or the Project is bound, and (iii) will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Project Sponsor will, at the time of execution and delivery of this Agreement, have good and marketable title to the premises constituting the Project free and clear of any lien or encumbrance (subject to encumbrances created pursuant to this Agreement, any loan documents relating to the Project the terms of which are approved by DHCD, or other permitted encumbrances, including mortgages referred in paragraph 10, below). (d) There is no action, suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or, to the knowledge of the Project Sponsor, threatened against or affecting it, or any of its properties or rights, which, if adversely determined, would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially or adversely affect its financial condition. RA Page 8 Sept. 2, 2016 10. (a) Except for sales of Low and Moderate Income Units to Eligible Purchasers and sales of other Units to unit owners in the ordinary course of business as permitted by the terms of this Agreement, the Project Sponsor will not sell, transfer, lease, or exchange the Project or any portion thereof or interest therein (collectively, a “Sale”) or (except as permitted under Section (d) below) mortgage the Property without the prior written consent of DHCD and the Municipality. (b) A request for consent to a Sale shall include: - A signed agreement stating that the transferee will assume in full the Project Sponsorʼs obligations and duties under this Agreement, together with a certification by the attorney or title company that it will be held in escrow and, in the case of any transfer other than a transfer of Beneficial Interests, recorded in the Registry of Deeds with the deed and/or other recorded documents effecting the Sale; - The name of the proposed transferee and any other entity controlled by or controlling or under common control with the transferee, and names of any affordable housing developments in the Commonwealth owned by such entities; - A certification from the Municipality that the Project is in compliance with the affordability requirements of this Agreement. (c) Consent to the proposed Sale shall be deemed to be given unless DHCD or the Municipality notifies the Project Sponsor within thirty (days) after receipt of the request that either - The package requesting consent is incomplete, or - The proposed transferee (or any entity controlled by or controlling or under common control with the proposed transferee) has a documented history of serious or repeated failures to abide by agreements of affordable housing funding or regulatory agencies of the Commonwealth or the federal government or is currently in violation of any agreements with such agencies beyond the time permitted to cure the violation, or - The Project is not being operated in compliance with the affordability requirements of this Agreement at the time of the proposed Sale. (d) The Project Sponsor shall provide DHCD and the Municipality with thirty (30) day’s prior written notice of the following: (i) any change, substitution or withdrawal of any general partner, manager, or agent of the Project Sponsor; or (ii) the conveyance, assignment, transfer, or relinquishment of a majority of the Beneficial Interests (herein defined) in the Project Sponsor (except for such a conveyance, assignment, transfer or RA Page 9 Sept. 2, 2016 relinquishment among holders of Beneficial Interests as of the date of this Agreement). (iii) the sale, mortgage, conveyance, transfer, ground lease, or exchange of the Project Sponsor’s interest in the Project or any party of the Project. For purposes hereof, the term “Beneficial Interest” shall mean: (i) with respect to a partnership, any partnership interests or other rights to receive income, losses, or a return on equity contributions made to such partnership; (ii) with respect to a limited liability company, any interests as a member of such company or other rights to receive income, losses, or a return on equity contributions made to such company; or (iii) with respect to a company or corporation, any interests as an officer, board member or stockholder of such company or corporation to receive income, losses, or a return on equity contributions made to such company or corporation. Notwithstanding the above, DHCD’s consent under this Section 10 shall not be required with respect to the grant by the Project Sponsor of any mortgage or other security interest in or with respect to the Project to a state or national bank, state or federal savings and loan association, cooperative bank, mortgage company, trust company, insurance company or other institutional lender made at no greater than the prevailing rate of interest or any exercise by any such mortgagee of any of its rights and remedies (including without limitation, by foreclosure or by taking title to the Project by deed in lieu of foreclosure), subject, however to the provisions of Section 14 hereof. The Project Sponsor hereby agrees that it shall provide copies of any and all written notices received by the Project Sponsor from a mortgagee exercising or threatening to exercise its foreclosure rights under the mortgage. 11. Until such time as decisions regarding repair of damage due to fire or other casualty, or restoration after taking by eminent domain, shall be made by a condominium association or trust not controlled by the Project Sponsor, (or if the Project consists of detached dwellings, by homebuyers) Project Sponsor agrees that if the Project, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, the Project Sponsor will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation, and thereafter to operate the Project in accordance with the terms of this Agreement, subject to the approval of the Project's lenders, which lenders have been approved by DHCD and the Municipality. 12. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part, or provision of this Agreement shall not affect the validity of the remaining portions hereof. 13. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice: RA Page 10 Sept. 2, 2016 DHCD: Department of Housing and Community Development Attention: Local Initiative Program Director 100 Cambridge St., Suite 300 Boston, MA 02114 Municipality: Town of Brewster Attention: Town Administrator 2198 Main Street Brewster, MA 02631 Project Sponsor: Habitat for Humanity of Cape Cod, Inc. Attention: Executive Director 411 Main Street (Route 6A), Suite 6 Yarmouth Port, MA 02675 14. (a) This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be an affordable housing restriction as that term is defined in G.L. c. 184, § 31 and as that term is used in G.L. c.184, § 26, 31, 32 and 33. This Agreement shall bind, and the benefits shall inure to, respectively, the Project Sponsor and its successors and assigns, and DHCD and its successors and assigns and the Municipality and its successors and assigns. DHCD has determined that the acquiring of such affordable housing restriction is in the public interest. The term of this Agreement shall be perpetual, provided however, that this Agreement shall terminate if (a) at any time hereafter there is no Low and Moderate Income Unit at the Project which is then subject to a Deed Rider containing the Resale Restrictions, and there is no Low and Moderate Income Unit at the Project which is owned by the Municipality or DHCD as provided in Section 4 hereof, [For comprehensive permit projects add: or (b) if a Comprehensive Permit is not granted to the Project Sponsor for the Project by either the Municipality's Board of Appeals (as that term is defined in the Regulations) or by the Housing Appeals Committee (as that term is used in the Act) within a period of eighteen months from the date of execution of this Agreement, or (c) if at any time the Comprehensive Permit is revoked and all applicable appeal periods with respect to such revocation have expired]. The rights and restrictions contained in this Agreement shall not lapse if the Project is acquired through foreclosure or deed in lieu of foreclosure or similar action, and the provisions hereof shall continue to run with and bind the Project. (b) The Project Sponsor intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Project Sponsor's successors in title, (ii) are not merely personal covenants of the Project Sponsor, and (iii) shall bind the Project Sponsor, its successors and assigns and enure to the benefit of DHCD and its successors and assigns for the term of the Agreement. Project Sponsor hereby agrees that any and all requirements of the laws RA Page 11 Sept. 2, 2016 of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. (c) The Resale Restrictions contained in each of the Deed Riders which are to encumber each of the Low and Moderate Income Units at the Project pursuant to the requirements of this Agreement shall also constitute an affordable housing restriction as that term is defined in G.L. c. 184, §31 and as that term is used in G.L. c. 184, §§26, 31, 32, and 33. Such Resale Restrictions shall be for the benefit of both DHCD and the Municipality and both DHCD and the Municipality shall be deemed to be the holder of the affordable housing restriction created by the Resale Restrictions in each of the Deed Riders. DHCD has determined that the acquiring of such affordable housing restriction is in the public interest. To the extent that the Municipality is the holder of the Resale Restrictions to be contained in each of the Deed Riders, the Director of DHCD by the execution of this Agreement hereby approves such Resale Restrictions in each of the Deed Riders for the Low and Moderate Income Units of the Project as required by the provisions of G.L. c. 184, §32. 15. The Project Sponsor and the Municipality each agree to submit any information, documents, or certifications requested by DHCD which DHCD shall deem necessary or appropriate to evidence the continuing compliance of the Project Sponsor and the Municipality with the terms of this Agreement. 16. (a) The Project Sponsor and the Municipality each covenant and agree to give DHCD written notice of any default, violation or breach of the obligations of the Project Sponsor or the Municipality hereunder, (with a copy to the other party to this Agreement) within seven (7) days of first discovering such default, violation or breach (a “Default Notice”). If DHCD becomes aware of a default, violation, or breach of obligations of the Project Sponsor or the Municipality hereunder without receiving a Default Notice from Project Sponsor or the Municipality, DHCD shall give a notice of such default, breach or violation to the offending party (with a copy to the other party to this Agreement) (the “DHCD Default Notice”). If any such default, violation, or breach is not cured to the satisfaction of DHCD within thirty (30) days after the giving of the Default notice by the Project Sponsor or the Municipality, or if no Default Notice is given, then within thirty (30) days after the giving of the DHCD Default Notice, then at DHCD's option, and without further notice, DHCD may terminate this Agreement, or DHCD may apply to any state or federal court for specific performance of this Agreement, or DHCD may exercise any other remedy at law or in equity or take any other action as may be necessary or desirable to correct non- compliance with this Agreement. (b) If DHCD elects to terminate this Agreement as the result of a breach, violation, or default hereof, which breach, violation, or default continues beyond the cure period set forth in this Section 16(a), then the Low and Moderate Income Units and any other Units at the Project which have been included in the Subsidized Housing Inventory shall from the date of such termination no longer be deemed SHI Eligible Housing for the purposes of the Act and shall be deleted from the Subsidized Housing Inventory. The foregoing sentence shall not apply to Low and Moderate Income Units that have been conveyed in compliance and remain in compliance with Section 3 of this Agreement. RA Page 12 Sept. 2, 2016 17. The Project Sponsor represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed the Consent and Subordination of Mortgage to Regulatory Agreement attached hereto and made a part hereof. 18. DHCD may delegate to the Municipality any of its oversight and enforcement responsibilities under this Agreement, with the agreement of the Municipality, by providing written notice of such delegation to the Project Sponsor and the Municipality. [For comprehensive permit projects add: 19. (a) When executed by DHCD, this Agreement shall constitute Final Approval of the Project as described in 760 CMR 56.04(7). DHCD hereby reaffirms and incorporates by reference in this Agreement each of the findings with respect to project eligibility required by 760 CMR 56.04(1) made in the Site Eligibility Letter for the Project dated _TBD___________.] [If the Project Sponsor is a for-profit entity add: The Project Sponsor hereby explicitly acknowledges its obligation to comply with the cost examination requirements defined in 760 CMR 56.04(8).] [If the Project Sponsor is a for-profit entity add: (b) The Project Sponsor has provided financial surety in a form and in the amount required by the Guidelines to ensure completion of the cost examination to the satisfaction of the DHCD and the distribution of excess funds as required at 760 CMR 56.04(8)(c). DHCD will provide a copy of this Agreement to the Municipality’s Board of Appeals as required by 760 CMR 56.04(7).] [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] RA Page 13 Sept. 2, 2016 Executed as a sealed instrument as of the date first above written. PROJECT SPONSOR By:Habitat for Humanity of Cape Cod, Inc. _________________________________ Its: President By: _________________________________ Its: Treasurer DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT By:_________________________________ Its: MUNICIPALITY By:_________________________________ Its: Attachments: Exhibit A - Legal Property Description Exhibit B - Prices & Location of Low & Moderate Income Units Exhibit C - Form of Deed Rider Consent forms signed by any and all mortgagees whose mortgages are recorded prior to this Regulatory Agreement must be attached to this Regulatory Agreement. © DHCD When used in the Local Initiative Program, this form may not be modified without the written approval of the Department of Housing and Community Development. RA Page 14 Sept. 2, 2016 COMMONWEALTH OF MASSACHUSETTS COUNTY OF , ss. On this _______ day of ________________, 20__, before me, the undersigned notary public, personally appeared _____________________________, proved to me through satisfactory evidence of identification, which were _______________________, to be the person whose name is signed on the preceding document, as _______________________ of the _________________ [Project Sponsor], and acknowledged to me that he/she signed it voluntarily for its stated purpose. __________________________________________ Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK, ss. On this _______ day of ________________, 20__, before me, the undersigned notary public, personally appeared _____________________________________, proved to me through satisfactory evidence of identification, which were _______________________________, to be the person whose name is signed on the preceding document, as _______________________ for the Commonwealth of Massachusetts acting by and through the Department of Housing and Community Development, and acknowledged to me that he/she signed it voluntarily for its stated purpose. __________________________________________ Notary Public My Commission Expires: RA Page 15 Sept. 2, 2016 COMMONWEALTH OF MASSACHUSETTS COUNTY OF ,ss. _______________, 20__ On this _______ day of ________________, 20__, before me, the undersigned notary public, personally appeared _____________________________________, proved to me through satisfactory evidence of identification, which were _______________________________, to be the person whose name is signed on the preceding document, as _______________________ for the City/Town of _______________________, and acknowledged to me that he/she signed it voluntarily for its stated purpose. __________________________________________ Notary Public Print Name: My Commission Expires: RA Page 16 Sept. 2, 2016 CONSENT AND SUBORDINATION OF MORTGAGE TO REGULATORY AGREEMENT Reference is hereby made to a certain Mortgage dated ________ given by ___________ to ____________, recorded with the ________ Registry of Deeds at Book ______, Page ____ (“Mortgage”). The Undersigned, present holder of said Mortgage, hereby recognizes and consents to the execution and recording of this Agreement and agrees that the aforesaid Mortgage shall be subject and subordinate to the provisions of this Agreement, to the same extent as if said Mortgage had been registered subsequent thereto. The Undersigned further agrees that in the event of any foreclosure or exercise of remedies under said Mortgage it shall comply with the terms and conditions hereof. [NAME OF LENDER] By:_______________________________________ Its: (If the Project has more than one mortgagee, add additional consent forms.) COMMONWEALTH OF MASSACHUSETTS COUNTY OF_______________, ss. ____________, 20___ On this _______ day of ________________, 20__, before me, the undersigned notary public, personally appeared _____________________________________, proved to me through satisfactory evidence of identification, which were _______________________________, to be the person whose name is signed on the preceding document, as _______________________ of _______________________ Bank, and acknowledged to me that he/she signed it voluntarily for its stated purpose. __________________________________________ Notary Public Print Name: My Commission Expires: RA Page 17 Sept. 2, 2016 EXHIBIT A Re: Red Top Road Community Housing________________________ (Project name) _Brewster ______________________ (City/Town) _Habitat for Humanity of Cape Cod, Inc.______________________ (Developer) Property Description The land, with the building thereon, commonly known and numbered 26 Red Top Road, Brewster, Barnstable County, Massachusetts, containing 1.343 acres, more or less, as shown on a plan entitled “Plan of Division of Land in Brewster (west) Mass., as surveyed and prepared for John Hay et ux. (Kristi P.) Scale 1 in. = 40 ft, December 1973, Schofield Brothers, Inc., Inc., Registered Professional Engineers & Land Surveyors, Orleans & Framingham, Mass,” which plan is recorded with the Barnstable Registry of Deeds in Plan Book 286, Page 18. (“Premises” or the “Property”). RA Page 18 Sept. 2, 2016 EXHIBIT B Re: _Red Top Road Community Housing______________________ (Project name) ____Brewster ___________________ (City/Town) _Habitat for Humanity of Cape Cod, Inc.______________________ (Developer) Maximum Selling Prices, Initial Condominium Fees, and Percentage Interest Assigned to Low and Moderate Income Units Sales Price Condo Fee % Interest One bedroom units $___N/A_______ $_____N/A_____ ____N/A______ Two bedroom units $_N/A $____N/A___ ____N/A______ Three bedroom units $__$60 (HOA)________ ___N/A_______ Four bedroom units $_168,250________ _ $____N/A______ $____N/A______ ___N/A_______ Location of Low and Moderate Income Units The housing units which are Low and Moderate Income Units are those designated as lot/unit numbers ________TBD__________________ on: a plan of land entitled ______TBD________________ recorded with the ____________________ Registry of Deeds in Book ____, Page ____. floor plans recorded with the Master Deed of the ________________________ recorded with the ____________________ Registry of Deeds in Book ____, Page ____. RA Page 19 Sept. 2, 2016 Blank Rev. 12.4.19 1 LOCAL INITIATIVE PROGRAM AFFORDABLE HOUSING DEED RIDER For Projects in Which Affordability Restrictions Survive Foreclosure This LOCAL INITIATIVE PROGRAM AFFORDABLE HOUSING DEED RIDER is made part of that certain deed (the "Deed") of certain property (the “Property”) from __________________ ("Grantor") to __________________ ("Owner") dated ____________, 20__. The Property is located in the City/Town of ____________ (the “Municipality”). RECITALS WHEREAS, the Grantor is conveying that certain real property more particularly described in the Deed to the Owner at a consideration which is at or less than the fair market value of the Property; and WHEREAS, the Property is part of a project which was: [check all that are applicable] (i) granted a Comprehensive Permit under Massachusetts General Laws Chapter 40B, Sections 20-23, from the Board of Appeals of the Municipality or the Housing Appeals Committee dated ________ and recorded/filed with the _____________ Registry of Deeds/Registry District of Land Court (the “Registry”) in Book __________, Page _______/Document No. _________ (the “Comprehensive Permit”); (ii) subject to a Regulatory Agreement among ________________ (the “Developer”), [ ] Massachusetts Housing Finance Agency (“MassHousing”), [X] the Massachusetts Department of Housing and Community Development] (“DHCD”), and [X] the Municipality; dated _________________ and recorded with the Registry in Book __________, Page ______ (the “Regulatory Agreement”); (iii) √ subsidized by the federal or state government under the Local Initiative Program, a program to assist construction of low or moderate income housing (the “Program”); and WHEREAS, pursuant to the Program, eligible purchasers such as the Owner are given the opportunity to purchase residential property at or less than its fair market value if the purchaser agrees to certain use and transfer restrictions, including an agreement to occupy the property as a principal residence and to convey the property for an amount not greater than a maximum resale price, all as more fully provided herein; and WHEREAS, DHCD and the City/Town of ___________ (singly, or if more than one entity is listed, collectively, the “Monitoring Agent”) is obligated by the Program or has been retained to monitor compliance with and to enforce the terms of this Deed Rider, and eligible purchasers such as the Owner may be required to pay to the Monitoring Agent, or its successor, a small percentage EXHIBIT C Rev. 12.4.19 2 of the resale price upon the Owner’s conveyance of the Property, as set out in the Regulatory Agreement and as more fully provided herein; and WHEREAS, the rights and restrictions granted herein to the Monitoring Agent and the Municipality serve the public’s interest in the creation and retention of affordable housing for persons and households of low and moderate income and in the restricting of the resale price of property in order to assure its affordability by future low and moderate income purchasers. NOW, THEREFORE, as further consideration for the conveyance of the Property at or less than fair market value, the Grantor and the Owner, including his/her/their heirs, successors and assigns, hereby agree that the Property shall be subject to the following rights and restrictions which are imposed for the benefit of, and shall be enforceable by, the Municipality and the Monitoring Agent, and, if DHCD is a party to the Regulatory Agreement and is not the Monitoring Agent, by DHCD. 1. Definitions. In this Deed Rider, in addition to the terms defined above, the following words and phrases shall have the following meanings: Affordable Housing Fund means a fund established by the Municipality for the purpose of reducing the cost of housing for Eligible Purchasers or for the purpose of encouraging, creating, or subsidizing the construction or rehabilitation of housing for Eligible Purchasers or, if no such fund exists, a fund established by the Municipality pursuant to Massachusetts General Laws Chapter 44 Section 53A, et seq. Applicable Foreclosure Price shall have the meaning set forth in Section 7(b) hereof. Appropriate Size Household means a household containing a number of members equal to the number of bedrooms in the Property plus one. Approved Capital Improvements means the documented commercially reasonable cost of extraordinary capital improvements made to the Property by the Owner; provided that the Monitoring Agent shall have given written authorization for incurring such cost prior to the cost being incurred and that the original cost of such improvements shall be discounted over the course of their useful life. Area means the Primary Metropolitan Statistical Area or non-metropolitan area that includes the Municipality, as determined by HUD, which in this case is the _______________ MSA/HMFA. Area Median Income means the most recently published median income for the Area adjusted for household size as determined by HUD. If HUD discontinues publication of Area Median Income, the income statistics used by MassHousing for its low and moderate income housing programs shall apply. Base Income Number means the Area Median Income for a four (4)-person household. Currently, the AMI for the ___________________ MSA/HMFA is $__________. Rev. 12.4.19 3 Chief Executive Officer shall mean the Mayor in a city or the Board of Selectmen in a town unless some other municipal office is designated to be the chief executive officer under the provisions of a local charter. Closing shall have the meaning set forth in Section 5(b) hereof. Compliance Certificate shall have the meaning set forth in Section 6(a) hereof. Conveyance Notice shall have the meaning set forth in Section 4(a) hereof. Eligible Purchaser means an individual or household earning no more than eighty percent (80%) of Area Median Income (or, if checked [ ] _______________ percent (___%) of Area Median Income, as required by the Program) and owning assets not in excess of the limit set forth in the Program Guidelines. To be considered an Eligible Purchaser, the individual or household must intend to occupy and thereafter must occupy the Property as his, her or their principal residence and must provide to the Monitoring Agent such certifications as to income, assets and residency as the Monitoring Agent may require to determine eligibility as an Eligible Purchaser. An Eligible Purchaser shall be a First-Time Homebuyer if required by the Program and as specified in the Regulatory Agreement. First-Time Homebuyer means an individual or household, of which no household member has had an ownership interest in a principal residence at any time during the three (3)-year period prior to the date of qualification as an Eligible Purchaser, except that (i) any individual who is a displaced homemaker (as may be defined by DHCD) (ii) and any individual age 55 or over (applying for age 55 or over housing) shall not be excluded from consideration as a First-Time Homebuyer under this definition on the basis that the individual, owned a home or had an ownership interest in a principal residence at any time during the three (3)-year period. Foreclosure Notice shall have the meaning set forth in Section 7(a) hereof. HUD means the United States Department of Housing and Urban Development. Ineligible Purchaser means an individual or household not meeting the requirements to be eligible as an Eligible Purchaser. Maximum Resale Price means the sum of (i) the Base Income Number (at the time of resale) multiplied by the Resale Price Multiplier, plus (ii) the Resale Fee and any necessary marketing expenses (including broker’s fees) as may have been approved by the Monitoring Agent, plus (iii) Approved Capital Improvements, if any (the original cost of which shall have been discounted over time, as calculated by the Monitoring Agent); provided that in no event shall the Maximum Resale Price be greater than the purchase price for which a credit-worthy Eligible Purchaser earning seventy percent (70%) of the Area Median Income (or, if checked [ ] _______________ percent (___%) of Area Median Income, as required by the Program) of Area Median Income, as required by the Program) for an Appropriate Size Household could obtain mortgage financing (as such purchase price is determined by the Monitoring Agent using the same methodology then used by DHCD for its Local Initiative Program or similar comprehensive permit program); and further provided that the Maximum Resale Price shall not be less than the purchase price paid for the Property by the Owner unless the Owner agrees to accept a lesser price. Rev. 12.4.19 4 Monitoring Services Agreement means any Monitoring Services Agreement for monitoring and enforcement of this Deed Rider among some or all of the Developer, the Monitoring Agent, the Municipality, MassHousing and DHCD. Mortgage Satisfaction Amount shall have the meaning set forth in Section 7(b) hereof. Mortgagee shall have the meaning set forth in Section 7(a) hereof. Program Guidelines means the regulations and/or guidelines issued for the applicable Program and controlling its operations, as amended from time to time. Resale Fee means a fee of Two Percent (2%) of the Base Income Number (at the time of resale) multiplied by the Resale Price Multiplier, to be paid to the Monitoring Agent as compensation for monitoring and enforcing compliance with the terms of this Deed Rider, including the supervision of the resale process. Resale Price Certificate means the certificate issued as may be specified in the Regulatory Agreement and recorded with the first deed of the Property from the Developer, or the subsequent certificate (if any) issued as may be specified in the Regulatory Agreement, which sets forth the Resale Price Multiplier to be applied on the Owner’s sale of the Property, as provided herein, for so long as the restrictions set forth herein continue. In the absence of contrary specification in the Regulatory Agreement the Monitoring Agent shall issue the certificate. Resale Price Multiplier means the number calculated by dividing the Property’s initial sale price by the Base Income Number at the time of the initial sale from the Developer to the first Eligible Purchaser. The Resale Price Multiplier will be multiplied by the Base Income Number at the time of the Owner’s resale of the Property to determine the Maximum Resale Price on such conveyance subject to adjustment for the Resale Fee, marketing expenses and Approved Capital Improvements. In the event that the purchase price paid for the Property by the Owner includes such an adjustment a new Resale Price Multiplier will be recalculated by the Monitoring Agent by dividing the purchase price so paid by the Base Income Number at the time of such purchase, and a new Resale Price Certificate will be issued and recorded reflecting the new Resale Price Multiplier. A Resale Price Multiplier of _____ is hereby assigned to the Property. Term means in perpetuity, unless earlier terminated by (i) the termination of the term of affordability set forth in the Regulatory Agreement or Comprehensive Permit, whichever is longer; or (ii) the recording of a Compliance Certificate and a new Deed Rider executed by the purchaser in form and substance substantially identical to this Deed Rider establishing a new term. 2. Owner-Occupancy/Principal Residence. The Property shall be occupied and used by the Owner’s household exclusively as his, her or their principal residence. Any use of the Property or activity thereon which is inconsistent with such exclusive residential use is expressly prohibited. 3. Restrictions Against Leasing, Refinancing and Junior Encumbrances. The Property shall not be leased, rented, refinanced, encumbered (voluntarily or otherwise) or mortgaged without the prior written consent of the Monitoring Agent; provided that this provision shall not apply to a first mortgage granted on the date hereof in connection with this conveyance from Rev. 12.4.19 5 Grantor to Owner securing indebtedness not greater than one hundred percent (100%) of the purchase price. Any rents, profits, or proceeds from any transaction described in the preceding sentence which transaction has not received the requisite written consent of the Monitoring Agent shall be paid upon demand by Owner to the Municipality for deposit to its Affordable Housing Fund. The Monitoring Agent or Municipality may institute proceedings to recover such rents, profits or proceeds, and costs of collection, including attorneys’ fees. Upon recovery, after payment of costs, the balance shall be paid to the Municipality for deposit to its Affordable Housing Fund. In the event that the Monitoring Agent consents for good cause to any such lease, refinancing, encumbrance or mortgage, it shall be a condition to such consent that all rents, profits or proceeds from such transaction, which exceed the actual carrying costs of the Property as determined by the Monitoring Agent, shall be paid to the Municipality for deposit to its Affordable Housing Fund. 4. Options to Purchase. (a) When the Owner or any successor in title to the Owner shall desire to sell, dispose of or otherwise convey the Property, or any portion thereof, the Owner shall notify the Monitoring Agent and the Municipality in writing of the Owner’s intention to so convey the Property (the "Conveyance Notice"). Upon receipt of the Conveyance Notice, the Monitoring Agent shall (i) calculate the Maximum Resale Price which the Owner may receive on the sale of the Property based upon the Base Income Number in effect as of the date of the Conveyance Notice and the Resale Price Multiplier set forth in the most recently recorded Resale Price Certificate together with permissible adjustments for the Resale Fee, marketing expenses and Approved Capital Improvements (as discounted), and (ii) promptly begin marketing efforts. The Owner shall fully cooperate with the Monitoring Agent’s efforts to locate an Eligible Purchaser and, if so requested by the Monitoring Agent, shall hire a broker selected by the Monitoring Agent to assist in locating an Eligible Purchaser ready, willing and able to purchase the Property at the Maximum Resale Price after entering a purchase and sale agreement. Pursuant to such agreement, sale to the Eligible Purchaser at the Maximum Resale Price shall occur within ninety (90) days after the Monitoring Agent receives the Conveyance Notice or such further time as reasonably requested to arrange for details of closing. If the Owner fails to cooperate in such resale efforts, including a failure to agree to reasonable terms in the purchase and sale agreement, the Monitoring Agent may extend the 90-day period for a period commensurate with the time the lack of cooperation continues, as determined by the Monitoring Agent in its reasonable discretion. In such event, the Monitoring Agent shall give Owner written notice of the lack of cooperation and the length of the extension added to the 90-day period. (b) The Monitoring Agent shall ensure that diligent marketing efforts are made to locate an Eligible Purchaser ready, willing and able to purchase the Property at the Maximum Resale Price within the time period provided in subsection (a) above and to enter the requisite purchase and sale agreement. If more than one Eligible Purchaser is located, the Monitoring Agent shall conduct a lottery or other like procedure to determine which Eligible Purchaser shall be entitled to enter a purchase and sale agreement with Owner and to purchase the Property. Preference shall be given to Appropriate Size Households. The procedure for marketing and selecting an Eligible Purchaser shall be approved as provided in the Regulatory Agreement and any applicable Program Guidelines. If an Eligible Purchaser is located within ninety (90) days after receipt of the Conveyance Notice, but such Eligible Purchaser proves unable to secure Rev. 12.4.19 6 mortgage financing so as to be able to complete the purchase of the Property pursuant to the purchase and sale agreement, following written notice to Owner within the 90-day period the Monitoring Agent shall have an additional sixty (60) days to locate another Eligible Purchaser who will enter a purchase and sale agreement and purchase the Property by the end of such sixty (60)- day period or such further time as reasonably requested to carry out the purchase and sale agreement. (c) In lieu of sale to an Eligible Purchaser, the Monitoring Agent or the Municipality or designee shall also have the right to purchase the Property at the Maximum Resale Price, in which event the purchase and sale agreement shall be entered, and the purchase shall occur within ninety (90) days after receipt of the Conveyance Notice or, within the additional sixty (60)-day period specified in subsection (b) above, or such further time as reasonably requested to carry out the purchase and sale agreement. Any lack of cooperation by Owner in measures reasonably necessary to effect the sale shall extend the 90-day period by the length of the delay caused by such lack of cooperation. The Monitoring Agent shall promptly give Owner written notice of the lack of cooperation and the length of the extension added to the 90-day period. In the event of such a sale to the Monitoring Agent or Municipality or designee, the Property shall remain subject to this Deed Rider and shall thereafter be sold or rented to an Eligible Purchaser as may be more particularly set forth in the Regulatory Agreement. (d) If an Eligible Purchaser fails to purchase the Property within the 90-day period (or such further time determined as provided herein) after receipt of the Conveyance Notice, and the Monitoring Agent or Municipality or designee does not purchase the Property during said period, then the Owner may convey the Property to an Ineligible Purchaser no earlier than thirty (30) days after the end of said period at the Maximum Resale Price, but subject to all rights and restrictions contained herein; provided that the Property shall be conveyed subject to a Deed Rider identical in form and substance to this Deed Rider which the Owner agrees to execute, to secure execution by the Ineligible Purchaser and to record with the Deed; and further provided that, if more than one Ineligible Purchaser is ready, willing and able to purchase the Property the Owner will give preference and enter a purchase and sale agreement with any individuals or households identified by the Monitoring Agent as an Appropriate Size Household earning more than eighty percent (80%) but less than one hundred twenty percent (120%) of the Area Median Income. (e) The priority for exercising the options to purchase contained in this Section 4 shall be as follows: (i) an Eligible Purchaser located and selected by the Monitoring Agent, as provided in subsection (b) above, (ii) the Municipality or its designee, as provided in subsection (c) above, and (iii) an Ineligible Purchaser, as provided in subsection (d) above. (f) Nothing in this Deed Rider or the Regulatory Agreement constitutes a promise, commitment or guarantee by DHCD, MassHousing, the Municipality or the Monitoring Agent that upon resale the Owner shall actually receive the Maximum Resale Price for the Property or any other price for the Property. (g) The holder of a mortgage on the Property is not obligated to forbear from exercising the rights and remedies under its mortgage, at law or in equity, after delivery of the Conveyance Notice. Rev. 12.4.19 7 5. Delivery of Deed. (a) In connection with any conveyance pursuant to an option to purchase as set forth in Section 4 above, the Property shall be conveyed by the Owner to the selected purchaser by a good and sufficient quitclaim deed conveying a good and clear record and marketable title to the Property free from all encumbrances except (i) such taxes for the then current year as are not due and payable on the date of delivery of the deed, (ii) any lien for municipal betterments assessed after the date of the Conveyance Notice, (iii) provisions of local building and zoning laws, (iv) all easements, restrictions, covenants and agreements of record specified in the deed from the Owner to the selected purchaser, (v) such additional easements, restrictions, covenants and agreements of record as the selected purchaser consents to, such consent not to be unreasonably withheld or delayed, (vi) the Regulatory Agreement, and (vii), except as otherwise provided in the Compliance Certificate, a Deed Rider identical in form and substance to this Deed Rider which the Owner hereby agrees to execute, to secure execution by the selected purchaser, and to record with the deed. Said deed shall clearly state that it is made subject to the Deed Rider which is made part of the deed. Failure to comply with the preceding sentence shall not affect the validity of the conveyance from the Owner to the selected purchaser or the enforceability of the restrictions herein. (b) Said deed, including the approved Deed Rider, shall be delivered and the purchase price paid (the "Closing") at the Registry, or at the option of the selected purchaser, exercised by written notice to the Owner at least five (5) days prior to the delivery of the deed, at such other place as the selected purchaser may designate in said notice. The Closing shall occur at such time and on such date as shall be specified in a written notice from the selected purchaser to the Owner, which date shall be at least five (5) days after the date on which such notice is given, and no later than the end of the time period specified in Section 4(a) above. (c) To enable Owner to make conveyance as herein provided, Owner may, if Owner so desires at the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests, all instruments with respect thereto to be recorded simultaneously with the delivery of said deed. Nothing contained herein as to the Owner’s obligation to remove defects in title or to make conveyance or to deliver possession of the Property in accordance with the terms hereof, as to use of proceeds to clear title or as to the election of the selected purchaser to take title, nor anything else in this Deed Rider shall be deemed to waive, impair or otherwise affect the priority of the rights herein over matters appearing of record, or occurring, at any time after the recording of this Deed Rider, all such matters so appearing or occurring being subject and subordinate in all events to the rights herein. (d) Water and sewer charges and taxes for the then current tax period shall be apportioned and fuel value shall be adjusted as of the date of Closing and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the selected purchaser. (e) Full possession of the Property free from all occupants is to be delivered at the time of the Closing, the Property to be then in the same condition as it is in on the date of the execution of the purchase and sale agreement, reasonable wear and tear only excepted. Rev. 12.4.19 8 (f) If Owner shall be unable to give title or to make conveyance as above required, or if any change of condition in the Property not included in the above exception shall occur, then Owner shall be given a reasonable time not to exceed thirty (30) days after the date on which the Closing was to have occurred in which to remove any defect in title or to restore the Property to the condition herein required. The Owner shall use best efforts to remove any such defects in the title, whether voluntary or involuntary, and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The Closing shall occur fifteen (15) days after notice by Owner that such defect has been cured or that the Property has been so restored. The selected purchaser shall have the election, at either the original or any extended time for performance, to accept such title as the Owner can deliver to the Property in its then condition and to pay therefor the purchase price without deduction, in which case the Owner shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause, if the Property shall have been damaged by fire or casualty insured against or if a portion of the Property shall have been taken by a public authority, then the Owner shall, unless the Owner has previously restored the Property to its former condition, either: (A) pay over or assign to the selected purchaser, on delivery of the deed, all amounts recovered or recoverable on account of such insurance or condemnation award less any amounts reasonably expended by the Owner for any partial restoration, or (B) if a holder of a mortgage on the Property shall not permit the insurance proceeds or the condemnation award or part thereof to be used to restore the Property to its former condition or to be so paid over or assigned, give to the selected purchaser a credit against the purchase price, on delivery of the deed, equal to said amounts so retained by the holder of the said mortgage less any amounts reasonably expended by the Owner for any partial restoration. 6. Resale and Transfer Restrictions. (a) Except as otherwise provided herein, the Property or any interest therein shall not at any time be sold by the Owner, or the Owner’s successors and assigns, and no attempted sale shall be valid, unless the aggregate value of all consideration and payments of every kind given or paid by the selected purchaser of the Property for and in connection with the transfer of such Property, is equal to or less than the Maximum Resale Price for the Property, and unless a certificate (the "Compliance Certificate") is obtained and recorded, signed and acknowledged by the Monitoring Agent which Compliance Certificate refers to the Property, the Owner, the selected purchaser thereof, and the Maximum Resale Price therefor, and states that the proposed conveyance, sale or transfer of the Property to the selected purchaser is in compliance with the rights, restrictions, covenants and agreements contained in this Deed Rider, and unless there is also recorded a new Deed Rider executed by the selected purchaser, which new Deed Rider is identical in form and substance to this Deed Rider. (b) The Owner, any good faith purchaser of the Property, any lender or other party taking a security interest in such Property and any other third party may rely upon a Compliance Certificate as conclusive evidence that the proposed conveyance, sale or transfer of Rev. 12.4.19 9 the Property to the selected purchaser is in compliance with the rights, restrictions, covenants and agreements contained in this Deed Rider, and may record such Compliance Certificate in connection with the conveyance of the Property. (c) Within ten (10) days of the closing of the conveyance of the Property from the Owner to the selected purchaser, the Owner shall deliver to the Monitoring Agent a copy of the Deed of the Property, including the deed rider, together with recording information. Failure of the Owner, or Owner’s successors or assigns to comply with the preceding sentence shall not affect the validity of such conveyance or the enforceability of the restrictions herein. 7. Survival of Restrictions Upon Exercise of Remedies by Mortgagees. (a) The holder of record of any mortgage on the Property (each, a “Mortgagee”) shall notify the Monitoring Agent, the Municipality and any senior Mortgagee(s) in the event of any default for which the Mortgagee intends to commence foreclosure proceedings or similar remedial action pursuant to its mortgage (the “Foreclosure Notice”), which notice shall be sent to the Monitoring Agent and the Municipality as set forth in this Deed Rider, and to the senior Mortgagee(s) as set forth in such senior Mortgagee’s mortgage, not less than one hundred twenty (120) days prior to the foreclosure sale or the acceptance of a deed in lieu of foreclosure. The Owner expressly agrees to the delivery of the Foreclosure Notice and any other communications and disclosures made by the Mortgagee pursuant to this Deed Rider. (b) The Owner grants to the Municipality or its designee the right and option to purchase the Property upon receipt by the Municipality of the Foreclosure Notice. In the event that the Municipality intends to exercise its option, the Municipality or its designee shall purchase the Property within one hundred twenty (120) days of receipt of such notice, at a price equal to the greater of (i) the sum of the outstanding principal balance of the note secured by such foreclosing Mortgagee’s mortgage, together with the outstanding principal balance(s) of any note(s) secured by mortgage(s) senior in priority to such mortgage (but in no event shall the aggregate amount thereof be greater than one hundred percent (100%) of the Maximum Resale Price calculated at the time of the granting of the mortgage) plus all future advances, accrued interest and all reasonable costs and expenses which the foreclosing Mortgagee and any senior Mortgagee(s) are entitled to recover pursuant to the terms of such mortgages (the “Mortgage Satisfaction Amount”), and (ii) the Maximum Resale Price (which for this purpose may be less than the purchase price paid for the Property by the Owner) (the greater of (i) and (ii) above herein referred to as the “Applicable Foreclosure Price”). The Property shall be sold and conveyed in its then-current “as is, where is” condition, without representation or warranty of any kind, direct or indirect, express or implied, and with the benefit of and subject to all rights, rights of way, restrictions, easements, covenants, liens, improvements, housing code violations, public assessments, any and all unpaid federal or state taxes (subject to any rights of redemption for unpaid federal taxes), municipal liens and any other encumbrances of record then in force and applicable to the Property having priority over such foreclosing Mortgagee’s mortgage, and further subject to a Deed Rider identical in form and substance to this Deed Rider which the Owner hereby agrees to execute, to secure execution by the Municipality or its designee, and to record with the deed, except that (i) during the term of ownership of the Property by the Municipality or its designee the owner-occupancy requirements of Section 2 hereof shall not apply (unless the designee is an Eligible Purchaser), and (ii) the Maximum Resale Price shall be recalculated based on the price paid for the Property by the Rev. 12.4.19 10 Municipality or its designee, but not greater than the Applicable Foreclosure Price. Said deed shall clearly state that it is made subject to the Deed Rider which is made part of the deed. Failure to comply with the preceding sentence shall not affect the validity of the conveyance from the Owner to the Municipality or its designee or the enforceability of the restrictions herein. (c) Not earlier than one hundred twenty (120) days following the delivery of the Foreclosure Notice to the Monitoring Agent, the Municipality and any senior Mortgagee(s) pursuant to subsection (a) above, the foreclosing Mortgagee may conduct the foreclosure sale or accept a deed in lieu of foreclosure. The Property shall be sold and conveyed in its then-current “as is, where is” condition, without representation or warranty of any kind, direct or indirect, express or implied, and with the benefit of and subject to all rights, rights of way, restrictions, easements, covenants, liens, improvements, housing code violations, public assessments, any and all unpaid federal or state taxes (subject to any rights of redemption for unpaid federal taxes), municipal liens and any other encumbrances of record then in force and applicable to the Property having priority over the foreclosing Mortgagee’s mortgage, and further subject to a Deed Rider, as set forth below. (d) In the event that the foreclosing Mortgagee conducts a foreclosure sale or other proceeding enforcing its rights under its mortgage and the Property is sold for a price in excess of the greater of the Maximum Resale Price and the Mortgage Satisfaction Amount, such excess shall be paid to the Municipality for its Affordable Housing Fund after (i) a final judicial determination, or (ii) a written agreement of all parties who, as of such date hold (or have been duly authorized to act for other parties who hold) a record interest in the Property, that the Municipality is entitled to such excess. The legal costs of obtaining any such judicial determination or agreement shall be deducted from the excess prior to payment to the Municipality. To the extent that the Owner possesses any interest in any amount which would otherwise be payable to the Municipality under this paragraph, to the fullest extent permissible by law, the Owner hereby assigns its interest in such amount to the Mortgagee for payment to the Municipality. (e) If any Mortgagee shall acquire the Property by reason of foreclosure or upon conveyance of the Property in lieu of foreclosure, which shall include the Federal National Mortgage Association (“Fannie Mae”) when it is assignee of the Mortgagee’s rights after such foreclosure or conveyance, then the rights and restrictions contained herein shall apply to such Mortgagee upon such acquisition of the Property and to any purchaser of the Property from such Mortgagee, and the Property shall be conveyed subject to a Deed Rider identical in form and substance to this Deed Rider, which the Mortgagee that has so acquired the Property agrees to annex to the deed and to record with the deed, except that (i) during the term of ownership of the Property by such Mortgagee the owner-occupancy requirements of Section 2 hereof shall not apply, (ii) the title covenants required under Section 5 shall not apply only as to a subsequent REO conveyance by Fannie Mae, and (iii) the Maximum Resale Price shall be recalculated based on the price paid for the Property by such Mortgagee at the foreclosure sale, but not greater than the Applicable Foreclosure Price. Said deed shall clearly state that it is made subject to the Deed Rider which is made part of the deed. Failure to comply with the preceding sentence shall not affect the validity of the conveyance to the Mortgagee or the enforceability of the restrictions herein. Rev. 12.4.19 11 (f) If any party other than a Mortgagee shall acquire the Property by reason of foreclosure or upon conveyance of the Property in lieu of foreclosure, the Property shall be conveyed subject to a Deed Rider identical in form and substance to this Deed Rider, which the foreclosing Mortgagee agrees to annex to the deed and to record with the deed, except that (i) if the purchaser at such foreclosure sale or assignee of a deed in lieu of foreclosure is an Ineligible Purchaser, then during the term of ownership of the Property by such Ineligible Purchaser, the owner-occupancy requirements of Section 2 hereof shall not apply, and (ii) the Maximum Resale Price shall be recalculated based on the price paid for the Property by such third party purchaser at the foreclosure sale, but not greater than the Applicable Foreclosure Price. Said deed shall clearly state that it is made subject to the Deed Rider which is made part of the deed. Failure to comply with the preceding sentence shall not affect the validity of the conveyance to such third party purchaser or the enforceability of the restrictions herein. (g) Upon satisfaction of the requirements contained in this Section 7, the Monitoring Agent shall issue a Compliance Certificate to the foreclosing Mortgagee which, upon recording in the Registry, may be relied upon as provided in Section 6(b) hereof as conclusive evidence that the conveyance of the Property pursuant to this Section 7 is in compliance with the rights, restrictions, covenants and agreements contained in this Deed Rider. (h) The Owner understands and agrees that nothing in this Deed Rider or the Regulatory Agreement (i) in any way constitutes a promise or guarantee by MassHousing, DHCD, the Municipality or the Monitoring Agent that the Mortgagee shall actually receive the Mortgage Satisfaction Amount, the Maximum Resale Price for the Property or any other price for the Property, or (ii) impairs the rights and remedies of the Mortgagee in the event of a deficiency. (i) If a Foreclosure Notice is delivered after the delivery of a Conveyance Notice as provided in Section 4(a) hereof, the procedures set forth in this Section 7 shall supersede the provisions of Section 4 hereof. 8. Covenants to Run With the Property. (a) This Deed Rider, including all restrictions, rights and covenants contained herein, is an affordable housing restriction as that term is defined in Section 31 of Chapter 184 of the Massachusetts General Laws, having the benefit of Section 32 of such Chapter 184, and is enforceable as such. This Deed Rider has been approved by the Undersecretary of DHCD. (b) In confirmation thereof the Grantor and the Owner intend, declare and covenant (i) that this Deed Rider, including all restrictions, rights and covenants contained herein, shall be and are covenants running with the land, encumbering the Property for the Term, and are binding upon the Owner and the Owner’s successors in title and assigns, (ii) are not merely personal covenants of the Owner, and (iii) shall enure to the benefit of and be enforceable by the Municipality, the Monitoring Agent and DHCD and their successors and assigns, for the Term. Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts have been satisfied in order for the provisions of this Deed Rider to constitute restrictions and covenants running with the land and that any requirements of privity of estate have been satisfied in full. Rev. 12.4.19 12 9. Notice. Any notices, demands or requests that may be given under this Deed Rider shall be sufficiently served if given in writing and delivered by hand or mailed by certified or registered mail, postage prepaid, return receipt requested, to the following entities and parties in interest at the addresses set forth below, or such other addresses as may be specified by any party (or its successor) by such notice. Municipality: Grantor: Owner: Monitoring Agent(s): (1) Director, Local Initiative Program DHCD 100 Cambridge Street Boston, MA 02114 (2) Any such notice, demand or request shall be deemed to have been given on the day it is hand delivered or mailed. 10. Further Assurances. The Owner agrees from time to time, as may be reasonably required by the Monitoring Agent, to furnish the Monitoring Agent upon its request with a written statement, signed and, if requested, acknowledged, setting forth the condition and occupancy of the Property, information concerning the resale of the Property and other material information pertaining to the Property and the Owner’s conformance with the requirements of the Comprehensive Permit, Program and Program Guidelines, as applicable. 11. Enforcement. (a) The rights hereby granted shall include the right of the Municipality and the Monitoring Agent to enforce this Deed Rider independently by appropriate legal proceedings and to obtain injunctive and other appropriate relief on account of any violations including without limitation relief requiring restoration of the Property to the condition, affordability or occupancy which existed prior to the violation impacting such condition, affordability or occupancy (it being agreed that there shall be no adequate remedy at law for such violation), and shall be in addition Rev. 12.4.19 13 to, and not in limitation of, any other rights and remedies available to the Municipality and the Monitoring Agent. (b) Without limitation of any other rights or remedies of the Municipality and the Monitoring Agent, or their successors and assigns, in the event of any sale, conveyance or other transfer or occupancy of the Property in violation of the provisions of this Deed Rider, the Municipality and Monitoring Agent shall be entitled to the following remedies, which shall be cumulative and not mutually exclusive: (i) specific performance of the provisions of this Deed Rider; (ii) money damages for charges in excess of the Maximum Resale Price, if applicable; (iii) if the violation is a sale of the Property to an Ineligible Purchaser except as permitted herein, the Monitoring Agent and the Municipality shall have the option to locate an Eligible Purchaser to purchase or itself purchase the Property from the Ineligible Purchaser on the terms and conditions provided herein; the purchase price shall be a price which complies with the provisions of this Deed Rider; specific performance of the requirement that an Ineligible Purchaser shall sell, as herein provided, may be judicially ordered. (iv) the right to void any contract for sale or any sale, conveyance or other transfer of the Property in violation of the provisions of this Deed Rider in the absence of a Compliance Certificate, by an action in equity to enforce this Deed Rider; and (v) money damages for the cost of creating or obtaining a comparable dwelling unit for an Eligible Purchaser. (c) In addition to the foregoing, the Owner hereby agrees and shall be obligated to pay all fees and expenses (including legal fees) of the Monitoring Agent and/or the Municipality in the event successful enforcement action is taken against the Owner or Owner’s successors or assigns. The Owner hereby grants to the Monitoring Agent and the Municipality a lien on the Property, junior to the lien of any institutional holder of a first mortgage on the Property, to secure payment of such fees and expenses in any successful enforcement action. The Monitoring Agent and the Municipality shall be entitled to seek recovery of fees and expenses incurred in a successful enforcement action of this Deed Rider against the Owner and to assert such a lien on the Property to secure payment by the Owner of such fees and expenses. Notwithstanding anything herein to the contrary, in the event that the Monitoring Agent and/or Municipality fails to enforce this Deed Rider as provided in this Section, DHCD, if it is not named as Monitoring Agent, shall have the same rights and standing to enforce this Deed Rider as the Municipality and Monitoring Agent. (d) The Owner for himself, herself or themselves and his, her or their successors and assigns, hereby grants to the Monitoring Agent and the Municipality the right to take all actions with respect to the Property which the Monitoring Agent or Municipality may determine to be Rev. 12.4.19 14 necessary or appropriate pursuant to applicable law, court order, or the consent of the Owner to prevent, remedy or abate any violation of this Deed Rider. 12. Monitoring Agent Services; Fees. The Monitoring Agent shall monitor compliance of the Project and enforce the requirements of this Deed Rider. As partial compensation for providing these services, a Resale Fee [√] shall [ ] shall not be payable to the Monitoring Agent on the sale of the Property to an Eligible Purchaser or any other purchaser in accordance with the terms of this Deed Rider. This fee, if imposed, shall be paid by the Owner herein as a closing cost at the time of Closing, and payment of the fee to the Monitoring Agent shall be a condition to delivery and recording of its certificate, failing which the Monitoring Agent shall have a claim against the new purchaser, his, her or their successors or assigns, for which the Monitoring Agent may bring an action and may seek an attachment against the Property. 13. Actions by Municipality. Any action required or allowed to be taken by the Municipality hereunder shall be taken by the Municipality’s Chief Executive Officer or designee. 14. Severability. If any provisions hereof or the application thereof to any person or circumstance are judicially determined, to any extent, to be invalid or unenforceable, the remainder hereof, or the application of such provision to the persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby. 15. Independent Counsel. THE OWNER ACKNOWLEDGES THAT HE, SHE, OR THEY HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND HAS HAD THE OPPORTUNITY TO CONSULT LEGAL AND FINANCIAL ADVISORS OF HIS, HER OR THEIR CHOOSING REGARDING THE EXECUTION, DELIVERY AND PERFORMANCE OF THE OBLIGATIONS HEREUNDER. 16. Binding Agreement. This Deed Rider shall bind and inure to the benefit of the persons, entities and parties named herein and their successors or assigns as are permitted by this Deed Rider. 17. Amendment. This Deed Rider may not be rescinded, modified or amended, in whole or in part, without the written consent of the Monitoring Agent, the Municipality and the holder of any mortgage or other security instrument encumbering all or any portion of the Property, which written consent shall be recorded with the Registry. Rev. 12.4.19 15 Executed as a sealed instrument this ______ day of ______________, 20___. Grantor: _________________________ By:________________________________ Its: Owner: _________________________ By:____________________________________ COMMONWEALTH OF MASSACHUSETTS ______________, ss. On this _____ day of ___________, 20___, before me, the undersigned Notary Public, personally appeared ____________________, ____________________ of __________________________, proved to me through satisfactory evidence of identification, which was my personal knowledge, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose, as ____________________ of __________________________, and as the voluntary act of __________________________. _________________________________________ Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS ____________________ County, ss. On this _______ day of ________________, 20___, before me, the undersigned notary public, personally appeared _____________________________________, proved to me through satisfactory evidence of identification, which was [check one]: [ ] a current driver’s license, [ ] a current U.S. passport, [ ] my personal knowledge, to be the person whose name is signed on the preceding document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. ____________________________________ Notary Public My commission expires: ATTACHMENT 17 Habitat for Humanity of Cape Cod, Inc. 411 Main Street Suite 6 • Yarmouth Port, MA 02675 • 508-362-3559 www.habitatcapecod.org March 15, 2021 Dear Neighbor of 26 Red Top Road: As you may have already heard, Habitat for Humanity of Cape Cod is to be gifted the parcel at 26 Red Top Road by Mrs. Elizabeth Finch for the purpose of building two, 3-bedroom homes. Mrs. Finch will continue ownership of her home, with two homes tucked in adjacent. As Habitat is now entering the permitting phase, we are reaching out to alert our neighbors as we prepare to submit our Local Initiative Project application to the Department of Housing and Community Development in Boston. These homes will be sold affordably to our income qualified buyers, and the homes will be deed restricted and affordable in perpetuity. In terms of timing, we hope to be permitted by fall 2021; with wall raisings (start of home construction) in September 2022, and sales to the new owners sometime in the fall of 2023. A little bit about our community builds: Habitat for Humanity of Cape Cod uses its tried-and-true “sweat-equity” model to build affordable homes. Under this model our selected purchaser-families partner with Habitat and typically devote 250 to 500 hours building their homes alongside community volunteers. Habitat works closely with our buyers, not just through a rigorous application process, but throughout construction, providing significant homebuyer education including preparation for closing, budget counseling, and workshops in caring for their home and landscaping. This time-proven process promotes homeowners who are well educated on building and maintenance—and fosters a true sense of community. Habitat also partners with our communities. We strive to make our homes welcome in a neighborhood and to be good neighbors. Habitat works to create a collaborative spirit where a whole community can be actively involved in helping to address the affordable housing crisis. We look forward to another successful community build in Brewster. And we will endeavor to keep our neighbors involved and up to date on our plans. You will receive official notification to the formal public permitting process (ZBA) projected for early summer and will be invited to attend and/or provide comment. We have attached proposed site and home plans. Please call or e-mail if you have any questions or comments. I am more than happy to discuss the project by phone, Zoom, or outside in person. Respectfully, Elizabeth (Beth) Hardy Wade Director Land Acquisition and Project Development land@habitatcapecod.org 508-362-3559 x 24 24'-0"20'-0"7'-9"18'-5"1PROPOSED 3 BEDROOM RANCH FOR:HABITAT FOR HUMANITY OF CAPE CODIN:ON:SCALE:DRAWN BY:1/8" = 1' OR NOTEDDAVID F ALTENSHEET #DATE PRINTED:4/8/2020FRONT ELEVATION1/4" = 1'BREWSTER, MALots A & B 26 Red Top Rd. 8'-6"5'-0"30'-6"6'-0"24'-0"6'-4"26'-2"REAR ELEVATION2PROPOSED 3 BEDROOM RANCH FOR:HABITAT FOR HUMANITY OF CAPE CODIN:ON:SCALE:DRAWN BY:1/8" = 1' OR NOTEDDAVID F ALTENLEFT ELEVATIONRIGHT ELEVATIONSHEET #DATE PRINTED:4/8/2020BREWSTER, MALots A & B 26 Red Top Rd D/W REF.W02W02W02D03D03D03W02W02W0221068W02W02W02W06W06W06W05W05W05W02W02W021868D02D02D02210682106814682668W02W02W02W02W02W02W02W02W024868210681868W02W02W02W03W03W03W02W02W02D03D03D03506826684868W02W02W02W06W06W06W02W02W022668105 sq ft150 sq ft101 sq ft473 sq ft112 sq ft2'-1"3'-9"20'-9"0'-3 1/2"20'-0"2'-1"13'-2 1/2"5'-3"6'-1 1/2"3'-1"17'-7 1/2"2'-1"30'-0"23'-1"24'-0"54 1/2"11'-9"5'-6"8'-0"6'-4"9'-0"9'-6"5'-2"3'-7"3'-0"18"5'9'-10"9'-1 1/2"9'-4 1/2"5'-6 1/2"3'-1"20'-0"3'-4 1/2"3'-1"12'-6 1/2"5'-4"8'-8 1/4"2'-7"7'-4 3/4"4'-0"8'-4"7'-8"5'-4"5'-6"6'-10"6'-4"11'-10"5'-0"2'-1"9'-4 1/2"6'-4"6'-1 1/4"5'-0"3'-9"4'-8 1/4"11'-7 1/2"6'-6"3'-1"22'-2 1/2"8'-5 1/2"3'-9"3'-6 1/2"12'-3 1/4"8'-5 1/2"44'-0"6'-0"PorchBedroomWINDOW SCHEDULENUMBER QTY FLOOR CODE COMMENTSW02 11 1 244DH2449 U.30 S.29W03 1 1 244FX3049 U.28 S.31W05 1 1 CN235 U.28 S.32W06 2 1 C135 U.28 S.32LIVINGBedroomSTEPBedroomTRUSS LOAD THIS WALL22"X30" SUTTLEDOOR SCHEDULENUMBER QTY FLOOR SIZE DESCRIPTIONCOMMENTSD02 1 1 2868 6 PANELD03 2 1 3068 1/2 VIEW 2 LITE 2 PANEL3PROPOSED 3 BEDROOM RANCH FOR:HABITAT FOR HUMANITY OF CAPE CODIN:ON:SCALE:DRAWN BY:1/8" = 1' OR NOTEDDAVID F ALTENFIRST FLOOR PLAN1/4" = 1'SHEET #DATE PRINTED:4/8/2020BREWSTER , MA Lots A & B 26 Red Top Rd BASE WINBASE WINBASE WINBASE WINBASE WIN44'-0"43'-6"8'-0"14'-0"8'-0"30'-0"5'-0"20'-0"12'-0"12'-0"3'-1"20'-9"8'-3 1/2"6'-4"15'-0"4'-0"5'-0"6'-0"2'-6"2'-6"6'-6"6'-6"6'-6"8'-8"8'-8"8'-8"9'-0"44'-0"8'-6"5'-0"18'-6"12'-0"24'-0"10" SONO TUBSMIN. 48" BELOW GRADESET ON UNDISTURBED SOILTOP HEIGHT SET IN FIELD8" X 7'9" CONC. FND.8" X 16" RIBBON FTG.2'-6" X 2'6" X 1'-0" COL. FTG.3.5" LALLY COLUMNS3.5" BASE FLOOR3.5" X 9.9" VERSA-LAM GIRTDROP BULKHEAD FND.4"X8" GIRT POCKET4"X8" GIRT POCKET3.5" LALLY COLUMN30"X30"X12" COL. FTG.3.5" CONC. BASE FLOOR4PROPOSED 3 BEDROOM RANCH FOR:HABITAT FOR HUMANITY OF CAPE CODIN:ON:SCALE:DRAWN BY:1/8" = 1' OR NOTEDDAVID F ALTENSHEET #DATE PRINTED:4/8/2020BASEMENT PLAN1/4" = 1'BREWSTER, MALots A & B 26 Red Top Rd 1 Donna Kalinick From:Alice Boyd <aboyd@baileyboyd.com> Sent:Wednesday, March 3, 2021 10:37 AM To:Donna Kalinick; Jill Scalise Cc:Cassie Boyd Marsh Subject:Memo Regarding Submitting & Managing CDBG Grants Attachments:Brewster Memo re FY21.pdf Good Morning- It was great speaking with you both yesterday regarding the FY20 CDBG grant and the upcoming FY21 application. We are very hopeful that Brewster will consider being the lead community for a new application. We anticipate that we would rehabilitate 24 homes in a regional application, prioritizing low to moderate-income Brewster residents. Additionally, an FY21 application would also provide childcare subsidies of up to $6,000 to 38 children and their families. Cassie and I would be glad to speak with you at any time to answer questions or concerns. We look forward to hearing from you. Best, Alice -- Alice Boyd Bailey Boyd Associates, Inc 508 430-4499 x1 www.baileyboyd.com M e m o r a n d u m To: Donna Kalinick, Brewster Asst. Town Administrator Jill Scalise, Brewster Housing Coordinator From: Alice Boyd, Bailey Boyd Associates, Inc. Cassie Boyd Marsh, Bailey Boyd Associates, Inc. Subject: FY21 DHCD CDBG Grant Date: March 2, 2021 It was great speaking with you both yesterday regarding the FY20 and FY21 CDBG grants. Governor Baker has just officially awarded the town of Dennis with Brewster and Wellfleet $1.3 million in housing rehab and childcare subsidy funds and we are hopeful that these programs will be up and running this spring. The current grant will rehabilitate 21 homes and provide childcare subsidies to approximately 38 children in the three towns. With the response from Brewster residents one year ago, it would take 3-years to meet that need of known households and new requests are coming in weekly. We would like to ask the town of Brewster to consider acting as Lead Community for the FY21 regional application. Bailey Boyd Associates, Inc. will write the grant at no cost to the town. If the grant is funded, then the grant writer is reimbursed for grant writing in the application budget. There is no cost to the town nor is there an obligation to hire Bailey Boyd Associates as Grant Administrators, although we would apply. Here’s what being Lead Community entails: Application Preparation & Submission: • The Town of Brewster would be required to conduct a Public Hearing with the Select Board to discuss the submission and contents of and FY21 CDBG grant. We would handle the advertising, attend that meeting and answer questions and concerns. (Timeline: April, 2021) • Three weeks before the grant is due, the Select Board Chair or designee would be asked to sign the application. (Timeline: mid-late May, 2021) • If funded, the town would be responsible to go out to bid for a Grant Administrator. A template RFP is included in the grant application. Once hired, the Grant Administrator will handle all aspects of the grant and programs, coordinating with the town as little or as much as the town requests. (Timeline: Fall, 2021) Grant Start Up: • Once selected, the grant administrator will provide a DHCD-approved contract to the town for signature. There are also a few letters prepared by your grant administrator that will require your Chairman’s signature (Environmental Review, Special Conditions). • The town will be required to open a separate, interest bearing account for CDBG funds (please see the attached financial requirements sheet). Ongoing: • Each month the Grant Administrator will draw down funds from the grant, based upon invoices in hand. The monthly draw requires the Town Administrator’s or designee’s signature. • The processing of payments through the town is detailed in the attached document • The grant administrator advertises and conducts an Interim Public Hearing at the mid-point of the grant to receive community feedback. • The grant administrator oversees all programs and day-to-day operations, reports, issues and communication with the funding source. • As the grant nears completion, the town is asked to sign a grant closeout form. The following page includes a detailed description of the financial requirements for lead communities of a CDBG grant. We are always available to answer questions and meet at your convenience. CDBG Program Town Finance Responsibilities The CDBG program is set up to transfer funds directly to a Town’s general account from DHCD in accordance with ‘drawdowns’ submitted monthly via the DHCD Intelligrants grant management system. The Grant Administrator (GA) is responsible for compiling all relevant invoices and overseeing the process from start to finish. This includes both reporting on the Intelligrants system and tracking the movement of funds from DHCD to Town to vendor payment, with assistance from designated Town staff at points in the process. During the grant period, on a monthly basis the following will occur: - All program invoices submitted to GA for verification & approval - GA prepares funding request on DHCD system, submits to Town Administrator for signature. Once signed, GA submits to DHCD for payment. - DHCD goes through their approval process & wires funds to the Town’s general operating account. This period is roughly 2-3 weeks. GA oversees progress of funds. - Upon arrival of funds, GA alerts Town fiscal staff and submits associated bills for payment. - Town fiscal staff move funds into and out of designated grant bank account and process invoices on the next Town warrant. - GA records all invoices and submits associated reporting requirements on DHCD system. Before funds begin to move, the Treasurer’s office will need to open a designated interest-bearing account solely for these grant funds. When funds arrive from DHCD, the GA will request that they be deposited into that account then withdrawn for payment. Bank statements from this account will be monitored by DHCD during their audits. Each set of bills submitted for payment monthly will include an invoice from the Grant Administrator, the Housing Rehab subgrantee- their invoice will include their contracted program delivery and all housing rehab project costs- as well as individual invoices from participating childcare providers, estimated at 10-15 providers billing monthly. Generally, at the second year of back-to-back CDBG grant awards the Single Audit threshold is met (assuming there are no other federal funds). The GA works directly with the Town’s auditing firm to provide the necessary documentation. Throughout this process, the Grant Administration staff are available to assist and make every effort to reduce the strain on Town staff. The goal is to move funds smoothly and within the requirements of the program to ensure on time completion and CDBG program compliance. Brewster receives Regional MA Community Development Block Grant (CDBG) for Housing Rehabilitation and Childcare The Towns of Dennis, Brewster and Wellfleet have been awarded $1.3 million dollars of CDBG funding for housing rehabilitation and childcare. The funds will aid low to moderate income residents, earning up to 80% of the Area Median Income. Childcare funding offers eligible families subsidies up to $6,000 per child, paid directly to a licensed childcare provider, to assist families in seeking or maintaining employment. Housing Rehabilitation funds can provide a 0% interest, deferred, forgivable loan to make critical home repairs. The program is designed to improve the housing conditions of income qualified households. Funds up to $40,000 are available to eligible residents to pay for critical home repairs, like: roofing and siding, electrical, heating and plumbing work, structural repairs, lead paint abatement and energy efficiency upgrades such as windows and storm doors. The Community Development Block Grant (CDBG) Program represents the most direct funding that communities receive from the federal government. Funds can support a wide-range of projects to benefit low and moderate-income households in a community. Each year, the federal Department of Housing and Urban Development (HUD) allocates funding to Massachusetts, through the Department of Housing and Community Development (DHCD). Since 2015, the Baker-Polito Administration has awarded nearly $180 million in Community Development Block Grants to projects in more than 180 communities. Applications for housing rehabilitation and childcare funds will be available later this spring. Residents who submitted pre-applications last year, should be contacted with information regarding completing full applications. For additional questions, contact Jill Scalise, Housing Coordinator at 508-896-3701, ext. 1169 or jscalise@brewster-ma.gov or Donna Kalinick, Asst. Town Administrator at 508-896-3701 ext. 1130 or dkalinick@brewster-ma.gov. AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER1 Table of Contents SPECIAL ACT SECTION 1. CHARTER ....................................................................................2 CHAPTER 1 POWERS OF THE TOWN ............................................................2 CHAPTER 2 TOWN MEETINGS AND ELECTIONS .......................................3 CHAPTER 3 THE SELECT BOARD ..................................................................8 CHAPTER 4 TOWN MANAGEMENT ............................................................11 CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES .................15 CHAPTER 6 FINANCIAL PROVISIONS ........................................................19 CHAPTER 7 BY-LAWS AND CHARTER – ADOPTION, AMENDMENT AND PERIODIC REVIEW..........................................................................................21 SPECIAL ACT SECTION 2. CONTINUATION OF EXISTING LAWS ................................22 SPECIAL ACT SECTION 3. CONTINUATION OF GOVERNMENT ..................................22 SPECIAL ACT SECTION 4. CONTINUATION OF PERSONNEL .......................................22 SPECIAL ACT SECTION 5. TRANSFER OF RECORDS AND PROPERTY ......................22 SPECIAL ACT SECTION 6. EFFECT ON OBLIGATIONS, TAXES, ETC. ........................22 SPECIAL ACT SECTION 7. TRANSITION ...........................................................................23 SPECIAL ACT SECTION 8. TIME OF TAKING EFFECT ....................................................23 1 The text of the Charter itself appears in Special Act Section 1 and ends on page 21. The other sections of the special act, shown in italic text, will not appear in the Charter but will address the legal elements of the Town’s legal transition to the Charter form of government. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -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: SPECIAL ACT SECTION 1. Notwithstanding any general or special law to the contrary, the following shall be the charter for the town of Brewster: Brewster Town Charter Preamble: We, the people of the Town of Brewster, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of our local government, adopt this charter with the expectation and intent that the Charter will continue and enhance the town’s strong traditions of active voter participation; ethical, transparent and responsive leadership; wise use of public resources; respect for all in the community; and an engaged citizenry. We expect and intend that our government will be welcoming and inclusive and will promote equality and respect for all people. 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. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -3- 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 1 or more civil divisions, subdivisions or agencies of the commonwealth, other states or of the United States government. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -4- 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 upon recommendation of the select board. 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 citizen petitioned articles submitted pursuant to section 2-4 for inclusion on the warrant at said fall annual town meeting and notice of the select board's action with regard to such meeting shall be posted on the town website and principal bulletin board. The select board's decision as to whether to hold a fall town meeting shall not prohibit the select 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 by-law. 2-3-2 Posting A) In addition to any notice required by the general laws, the select board shall post the town meeting warrant at the following locations: town hall and at least 1 location in each precinct, and make available sufficient copies of the warrant at the town meeting for all registered voters in attendance. B) In addition, the select board shall, at least 1 week prior to the meeting, post the warrant for such meeting on the town website, and make the same available at town hall, and as required by by-law or select board policy, at town facilities and other common locations throughout the town. However, 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. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -5- 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. 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 as recommended by the select board; 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. 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 1-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 a registered voter of the town as 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 by-law, rules of procedure for the town meeting shall be in accord with “Town Meeting Time, A Handbook of Parliamentary Law” published by the Massachusetts Moderators Association, 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. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -6- 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 2 weeks after the scheduled beginning of the spring annual town meeting, then the annual election shall be held on the 4th Tuesday in May. Notwithstanding any other provision of this paragraph, however, the select board may delay the date of the annual election to another date in the same fiscal year if the Governor has declared a state of emergency to protect the public health or safety. Then the Annual Election shall be held on the fourth Tuesday in May, or any other Tuesday in May or June as determined by the Select Board after consultation with the Town Clerk. SECTION 11 Elected Officers 2-11-1 The registered voters of the town of Brewster shall, in accordance with any applicable laws, by-laws, voters of the town or intergovernmental agreement, elect the following, with members of multi-member bodies to be elected for overlapping terms: a) Moderator for a 3 year term; b) Select board of 5 members, each for a 3 year term; c) Brewster school committee of 5 members, each for a 3 year term; d) Representatives to the Nauset regional school district school committee, as the regional school agreement shall provide, and as it may be amended from time to time; e) Board of health of 5 members, each for a 3 year term; f) Planning board of 7 members for 4 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 5 members, of which 3 shall be elected and 2 shall be appointed, in accordance with requirements of state law as it may be amended from time to time; and SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -7- (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 a town meeting or town election, provided, further, that the person holding such position shall conform to any reasonable regulations concerning such responsibilities as may, from time to time, be proposed by the chief of police and approved by the select board. SECTION 12 Recall of Elected Officers 2-12-1 Recall of Elected Officers Any holder of an elected office in the town of Brewster may be recalled from that office by the registered voters of the Town as hereinafter provided, for reasons including but not limited to neglect of duties, malfeasance, misconduct or inability to perform official duties; provided, however, that the question of whether the reasons stated for recall justify recall of a particular officer shall be determined solely by the voters. A) 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 1 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. B) Delivery to officer; order of recall proceedings 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 3 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 shall 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 submission of the question of recall to the date of such other election. No person shall be subject to recall if their term of SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -8- 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. C) Conduct of Recall 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. D) Action upon completion of recall The incumbent shall continue to perform the duties of the office until the question of recall has been acted upon by the voters. If then re-elected, the officer 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, they shall be deemed removed; their successor shall serve the remainder of the unexpired term. Provided however, if the successor fails to qualify within 10 days after receiving notification of their election, the office shall be deemed vacant. E) Ballots to be used (1) Ballots used for recall shall submit the following propositions in the order indicated: For the recall of (name and title of officer). Against the recall of (name and title of officer). ii) Under the propositions shall appear the word "Candidates," the directions to the voters required by G.L. 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 elected. If a majority of the votes on the question is in the negative, the ballots for candidates shall not be counted. F) 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 6 months after the election at which their recall was submitted to the voters of the town. G) Limits on appointments after filing of recall petition SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -9- 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 2 years after such recall or such resignation. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -10- CHAPTER 3 THE SELECT BOARD SECTION 1 Composition, Compensation and Vacancies 3-1-1 There shall be a select board consisting of 5 members elected for 3-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 A quorum of the select board shall be 3 members. 3-1-4 Each member of the select board may receive an annual stipend as set forth in the Brewster by-laws, 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 by-laws. 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. 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. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -11- 3-2-6 The select board shall, no less than 1 time per year, meet jointly with the finance committee, the Brewster school committee, the Nauset regional school district school committee, and the Cape Cod regional technical high school district 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 1 or more licenses. 3-2-8 The select board shall ensure that the Brewster general by-laws are kept current. 3-2-9 The select board shall be responsible to ensure that the town manager complies with the charter. 3-2-10 The select board shall approve all personnel policies proposed by the town manager in accordance with section 4-1-4(K). 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 is posted on the town 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 August 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 multiple member bodies, except as otherwise provided in this charter. 3-4-4 The select board may appoint ad hoc committees as it deems necessary or appropriate. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -12- 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, except when the select board is conducting an investigation of the town manager under section 3- 5-1, in which case such employee shall contact the select board chair. 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 select board. 3-6-4 The select board shall represent the town for all ceremonial purposes. SECTION 7 Code of Conduct 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, and, further, that any additional code of conduct adopted by another board shall be no less restrictive. Any code of conduct adopted by a board shall be posted in its office and on the town website. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -13- CHAPTER 4 TOWN MANAGEMENT SECTION 1 Town manager 4-1-1 Appointments and Qualifications The select board shall by majority vote of the entire select 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 2/3 vote of the entire board, extend to a time certain the time for establishing residence or waive this requirement in its entirety. 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 consistent with the provisions of G.L. c.41, §108N. 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 select 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 Brewster 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. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -14- B) supervise, discipline, suspend or remove all appointed department heads and employees and organize and structure all town departments accordingly, except as otherwise provided in section 4-3; 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 manager; 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 select 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 under section 3-2-10 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 Brewster 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; SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -15- 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) investigate or inquire into the affairs of any town department or office; Q) 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; R) delegate, authorize or direct any subordinate or employee in the town, including an assistant town manager if any, and subject to funding therefor, 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 S) 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; provided, however, that if there is an assistant town manager serving at the time of any such absence, such person may function as the acting town manager. In the event of long-term disability or absence exceeding 14 days, or the resignation, termination or vacancy in the office of town manager, the select board shall forthwith, and no later than 14 days thereafter, 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 select 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 select 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 select board deems 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 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -16- 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. Section 3 Other Departments 4-3-1 Fire Department. Except as otherwise provided in this charter, there shall be a fire department consistent with the provisions of G.L. c.48, §§42, 43, and 44. The fire chief shall have responsibility for the day-to-day supervision of firefighters and the fire department. The fire chief shall have additional authority to place a firefighter on administrative leave with pay, or discipline or suspend a firefighter, for a period of no more than 5 days and shall provide the town manager with written notification upon implementation of such suspension. When the town manager intends to take action under section 4-1(B) with respect to subordinate members of the fire department, the town manager first shall consult with the fire chief. 4-3-2 Police Department. Except as otherwise provided in this charter, there shall be a police department consistent with the provisions of G.L. c.41, §97A. The police chief shall have responsibility for the day-to-day supervision of subordinate police officers and the police department. The police chief shall have additional authority to place a police officer on administrative leave with pay, or discipline or suspend a police officer for a period of no more than 5 days and shall provide the town manager with written notification upon implementation of such suspension. When the town manager intends to takes action under section 4-1(B) with respect to subordinate members of the police department, the town manager first shall consult with the police chief. 4-3-3 Water Department. A. Department. There shall be a water department under the supervision of a water superintendent. The department shall have all of the powers, rights and duties to be exercised by a water commission under the general and special laws, except as otherwise provided herein. The water superintendent shall be responsible for the efficient exercise, performance and coordination of the department. Any exercise by the department of the authority of water commissioners with respect to acquisition or disposition of land must first be approved by the select board. The superintendent shall provide the town a bond, with a surety company authorized to transact business in the commonwealth, as surety for the faithful performance of the superintendent, in such sum and upon such conditions as the town administrator shall require. The superintendent shall report to the town administrator as to the doings of the office at such times as the administrator may require. B. Superintendent. The water superintendent shall supervise and direct the operations and employees of the department in accordance with the town’s personnel by-law and any applicable collective bargaining agreements. The water superintendent shall be especially qualified by education, training and experience to perform the duties of the office and shall have such other qualifications as may be required from time to time. While employed by the town, the water superintendent shall not engage in a business or occupation falling within the jurisdiction of the SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -17- water department, unless approved in advance by the town manager with the concurrence of the select board. Unless specifically provided in State law, the water superintendent 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. The water superintendent need not be a resident of the town during their tenure. C. Water Commission. There shall be a water commission of 3 members appointed by the select board for alternating, overlapping 3 year terms. Said commission shall be responsible for setting water rates, making budget recommendations, and providing advice and support to the superintendent with respect to other policy matters on which it is consulted and which fall with the jurisdiction of the water department. The Water Commission shall recommend priorities and policies to govern the provision of water in the town, and, with the concurrence of the water superintendent, shall be authorized to adopt policies and regulations to carry out the same. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -18- CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES SECTION 1 Appointed Boards and Committees 5-1-1 General Authority A) In addition to any boards and committees specified in this charter, boards and committees may be created by adoption of by-laws, 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 and, within 10 business days of their creation, posted on the town website. B) Notwithstanding any other provision of this charter or general laws to the contrary, any person appointed to a multiple member body may be removed by their respective appointing authority, following written notice and the opportunity for a public hearing; provided, however, that failure to reappoint following the expiration of an appointed term shall not constitute removal. SECTION 2 Moderator Appointments 5-2-1 Power to appoint The moderator shall have the power to appoint members of those boards and commissions authorized under this chapter, by-law, vote of town meeting, or regional school district agreement. 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. 5-2-2 Finance Committee A) Establishment; membership. There shall be a finance committee appointed by the town moderator consisting of 9 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 3 year term beginning on July 1 and terminating on June 30 of the third year following appointment. Vacancies on the committee shall be filled by the moderator for the remainder of the original term. A member of the finance committee 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. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -19- 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 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 and/or accounts of any department of the town. The finance committee, 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 finance committee nor its individual members shall give direct orders to any such employee. SECTION 3 Alternate Members of Certain Multiple-Member bodies 5-3-1 Alternate Members of Certain Elected Boards The select board, following consultation with a board elected under section 2-11-1(C), (E), (F), (G) or (H), 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. 5-3-2 Alternate Members of Appointed Boards The appointing authority may appoint not more than 2 alternate members to boards addressed by sections 5-1-1(A) and 5-2-1 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 4 General Provisions Applicable to Multiple Member Bodies 5-4-1 Charge Except as otherwise provided in this charter, each multiple member body set forth or authorized in Sections 5-1-1(A) and 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 herein. 5-4-2 Organization and Report Each multiple member body shall elect a chair, vice chair and clerk, and shall cause the select board and the town clerk to be notified of its selection. Such organization shall be taken up at the first meeting after the election for all elected boards, at the first meeting after annual SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -20- appointments are made, or the first meeting of a new board or committee. All boards and committees created under chapter 5 of this charter, or pursuant to a by-law, shall make a written annual report of their activities to the select board in accordance with section 3-3-1. 5-4-3 Resignation A resignation of any elected town officer under section 2-11-1, or any appointed multiple member created by this charter or by by-law under section 5-1-1(A) or 5-2-1, shall be deemed effective when such resignation is filed with the town clerk or at such later time certain as may be specified in such filed resignation. 5-4-4 Excessive Absences; Loss of Appointed Office For the purpose of this charter, 3 consecutive absences from meetings of a multiple member body shall be considered a reason for removal. Under such circumstances, the chair of the multiple member body may notify the appointing authority, which may, in accord with section 5- 1-1(B) remove the appointee and notify the town clerk in writing that the position has been vacated. SECTION 6 Cape Cod Regional Technical High School District School Committee and Other Regional Entities 5-6-1 Members of the Cape Cod regional technical high school district school committee shall be appointed or elected in accord with the regional school district agreement as it may be amended from time to time. 5-6-2 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. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -21- 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 15, 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 1 project, whether it be spent in 1 year or over several years. The town manager, in the town manager’s sole discretion, may appoint a committee to assist the town 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 such entities. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -22- (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. The select 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 5 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 by-law, 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 be available in the Brewster public library for public information. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -23- 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 7-2-1 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 by a charter commission elected under the general laws or 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 2/3 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. *** end of SPECIAL ACT SECTION 1 CHARTER Chapters 1-7*** SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -24- SPECIAL ACT 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 by-laws, 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. SPECIAL ACT 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. SPECIAL ACT 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. SPECIAL ACT 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. SPECIAL ACT 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. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 3.5.21 -25- SPECIAL ACT SECTION 7. TRANSITION TO THE CHARTER To provide for the transition to reduce from 5 years to 4 years the terms of all planning board members, at the next regular election following at least 64 days after the effective date of this act, 1 planning board member shall be elected for a 1-year term, 1 planning board member shall be elected for a 2-year term, and the expiring term shall be placed on the ballot for a 4-year term. The expiring term will appear on the ballot with instructions to vote for 1; if the incumbent is running for the office, they shall have the words “candidate for re-election” next to their name. The 2-year term and the 1-year term will appear together on the ballot with instructions to voters to vote for 2, with the longer term going to the candidate with the most votes. In addition, following the effective date of this act, the term of the planning board member most recently elected shall be reduced from 5 years to 4 years. Thereafter, all planning board members shall be elected to alternating 4-year terms, with no more than 2 terms expiring each year. SPECIAL ACT SECTION 8. TIME OF TAKING EFFECT. This act shall take effect upon its passage. Archive d: Friday, April 2, 2021 1:19:50 PM From: Peter Lombardi To: 'Lauren F. Goldberg' Subje ct: FW: Charter Se ns itivity: Normal Attachme nts : Brewster charter.2.26.21-20210318.pdf; FW_ Water Commissioners input to Charter.msg; Lauren, Please see be l ow and attache d. Can you review the se ite ms and provide your fe e dback so the Board can discuss and vote to make changes as appropriate at the i r March 29 me e ting? Al so, can you get back to me on the Water Supe rinte nde nt bondi ng requirement question? Thanks! Pete r Pete r Lombardi Town Administrator Town of Brewster 508-896-3701 x. 1128 Effective March 9, 2021, 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: Ste phe n Jone s [mailto:stevebj1949@gmail .com] Se nt: Thursday, March 18, 2021 12:28 PM To: Pete r Lombardi <pl ombardi @brewster-ma.gov> Cc: Mary Chaffee <mchaffe e @brewster-ma.gov>; Kare n Whi tney <kwhi tney@bre wste r-ma.gov> Subje ct: Re : Charte r Peter: I think that you correctly summarize the substantive issues I raise. As you indicate, the other suggested revisions are minor/grammatical. However, I will point out that some grammatical (legal interpretation) issues have proven to be, in hindsight, significant, especially where commas appear or are omitted. Steve On Thu, Mar 18, 2021 at 12:18 PM Peter Lombardi <plombardi@brewster-ma.gov> wrote: Thank you for thi s fe e dback, Steve. Based on my revi e w, most (if not al l ) of your propose d re visions are minor/scri vener/grammatical whi l e the questi ons you rai se have potenti al pol i cy i mpacts. Please let me know if I have summarized those corre ctly: 1. Shoul d Se ction 3-6-2 be revised to allow the Select Board to di rect employe e s to appe ar before them in matters re l ate d to an inve stigati on of the Town Manager (potenti al i ncongruence of the 1s t and 2n d se ntences i n that secti on)? 2. Shoul d Se ction 4-1-4 (K) be revi sed to explicitl y e xclude Brewster School employe e s from Town personnel pol i ci e s, practi ce s, rul e s, and re gulations administe red by the Town Manager (similar to A & M in this same se ction)? 3. Shoul d Se ction 5-2-2 (C) be revi sed to give the Fi nance Commi tte e the authori ty to dire ct Town employees to appear be fore the m in matters re l ate d to an i nvesti gation? Separately, you are aski ng why the threshold to approve minor ame ndme nts to the charter per Section 7-2-2 requi res a 2/3 majority i nstead of simple majori ty vote. Final l y, my unde rstanding is that the charter eff e ctive date would be once i t i s approve d by the state legi slature - as is the case with al l othe r spe ci al l e gislation. Si nce the charte r has si gnificant impacts on how our town governme nt will ope rate, i t i s important to ve rif y that and to cl ari fy if that language ne e ds to be e xplicitl y i ncl uded in the special act and/or the moti on on Town Meeti ng floor. Thanks again, Pe ter Pe ter Lombardi Town Admi ni strator Town of Bre wste r 508-896-3701 x. 1128 Effective March 9, 2021, 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: Stephen Jones [mai l to:stevebj1949@gmail.com] Sent: Thursday, March 18, 2021 12:00 PM To: Mary Chaffee <mchaffee@brewster-ma.gov>; Pe ter Lombardi <plombardi@brewster-ma.gov> Cc: Karen Whitne y <kwhitney@brewster-ma.gov> Subject: Charte r Mary and Peter: I have finally had the opportunity to review the proposed charter. Attached are pages from what I believe is the most recent draft with places marked that I believe need to be corrected and/or addressed before it is finally presented to the town. Question: shouldn't the charter take effect on a date certain? Happy to speak with either of you about these. Steve Jones Office: 508-896-9100 1 BYLAWS OF THE CAPE COD AND ISLANDS WATER PROTECTION FUND MANAGEMENT BOARD ARTICLE I Definitions Section 1.1. Except as defined below, capitalized terms shall have the meaning ascribed to them by M.G.L. c. 29C, § 1. Section 1.2. As used in these B ylaws, the following terms shall have the following meanings: “Act” shall mean M.G.L. c. 29C, as amended by Chapter 337 of the Acts of 2018 and by Chapter 5 of the Acts of 2019, and as may be further amended. “Appointing Authority” shall mean the board of selectmen or town council in each municipality that is a member of the Fund. “Attendance Policy” shall mean the policy set forth in Section 11.3 of these Bylaws. “Audit Recipients” shall mean the chairs of the joint committee on environment, natural resources and agriculture and each representative and senator who represents at least one municipality in Barnstable, Dukes or Nantucket counties. “Board” shall mean the Cape Cod and Islands Water Protection Fund Management Board established by §§ 19-20 of the Act. “Code of Conduct” shall mean the standards set forth in Sections 11.1 and 11.4 of these Bylaws. “Committee” shall mean any committee, subcommittee, advisory board, or other subgroup or panel appointed by the Board under these Bylaws. “Conflict of Interest Law” shall mean G.L. c. 268A. “Department” shall mean the Massachusetts Department of Environmental Protection. “Ex-Officio Members” shall mean the executive director of the Cape Cod Commission, the executive director of the Martha’s Vineyard Commission, and the town manager of Nantucket. “Fund” shall mean the Cape Cod and Islands Water Protection Fund established by the Act. “Open Meeting Law” shall mean M.G.L. c. 30A, §§ 18-25. “Public Records Law” shall mean M.G.L. c. 66. 2 “Report Recipients” shall mean the chairs of the joint committee on environment, natural resources and agriculture and each representative and senator who represents at least one municipality in Barnstable, Dukes or Nantucket counties. ARTICLE II Name and Offices Section 2.1. Establishment. The Board is established to carry out the purposes set forth in §§ 19-20 of the Act. Section 2.2. Offices. The Board has its principal office at the office of the Cape Cod Commission, 3225 Main Street (Route 6A), Barnstable, Massachusetts 02630. Section 2.3. Official Website. The Board shall maintain a website to share information that the Board deems relevant to its purpose and procedures. The Board shall post the public notices and agendas for all public meetings and hearings on the website. Aside from posting these notices and agendas, the Board has complete discretion to determine what information to publish on the website. ARTICLE III Purpose and Powers Section 3.1. Purpose. The purpose of the Board is to fulfill the statutory duties set forth in the Act. Those duties include: (a) Ensuring that the Fund is spent only for the purposes set forth in M.G.L. c. 29C, § 19; (b) Determining the method for subsidy allocation, including, but not limited to, an equitable distribution among participating municipalities consistent with revenue deposited into the Fund from each municipality that is a member; (c) Considering and, where appropriate, approving expenditures and disbursements from the Fund as is consistent with the statutory authorization, including entering into a memorandu m of understanding with the Department to direct the comptroller to transfer an amount not to exceed 10% of the annual revenue deposited into the Fund for the Department to contract with a regional planning agency, institution of higher education or non-profit corporation to evaluate and report on the efficacy of adaptive management measures to reduce nitrogen pollution of coastal water ways undertaken pursuant to an area wide water quality management plan or a suitable equivalent plan, to monitor the water quality and watersheds of areas subject to the study, and to support further assessment and water quality modeling to further refine area wide wastewater management plans or suitable equivalent plans in Barnstable, Nantucket, and Dukes counties; (d) Maintaining itemized records of all receipts, expenditures, and disbursements from the Fund, producing and distributing an annual written report, and subjecting its records to 3 an annual audit by an independent certified public accountant, consistent with paragraphs 3 through 5 of § 20 of the Act. Section 3.2. The Board shall have all powers necessary and convenient to fulfill the purposes described above and any other purpose served by the Act. ARTICLE IV Members Section 4.1. Membership and Qualifications. The Act establishes the membership of the Board. The Board consists of one person appointed by the board of selectmen or town council in each municipality that is a member of the Fund. The appointee must be a member of its Appointing Authority, a town manager, a town administrator, or other municipally employed professional staff. The Board also includes the Ex-Officio Members. Section 4.2. Term. As established by the Act, with the exception of the Ex-Officio Members, each member of the Board shall serve a three-year term and may be reappointed for additional terms without any limit as to the number of terms an individual serves, regardless of whether the terms are successive or intermittent. The Cape Cod Commission shall keep a list of Board members and the dates on which their terms start and end. Each Board member shall be responsible for providing the Cape Cod Commission with the date on which he or she was appointed or reappointed. Section 4.3. Removal and Resignation. The Board shall not have the power to remove members, who are appointed by their Appointing Authority, but may, by majority vote, recommend to an Appointing Authority that its designated Board member be removed for good cause, which shall include, but not be limited to, failure to comply with the Attendance P olicy or the Code of Conduct. If a Board member chooses to resign, he or she must do so by tendering resignation to his or her Appointing Authority in a manner consistent with local board or council practices. Section 4.4. Vacancies. Vacancies shall be filled by the Appointing Authority and not the Board. In accordance with the Act, a new Board member shall be appointed to fill the vacancy for the remainder of the unexpired term of the vacant position. Section 4.5. Ex-Officio Members. The Ex-Officio Members shall be full participants in all public meetings and deliberations and may make comments, ask questions, and submit information to the same extent as any other Board member, but shall not make motions, second motions, or vote on any motions made by a voting member of the Board. The Ex-Officio Members may be members of any Committee and may make motions, second motions, and vote on any motions made by a member of the Committee. Section 4.6. Participating Non-Members. From time to time, the Board may vote to allow representatives of municipalities within Barnstable, Dukes, and Nantucket counties who are not members of the Fund to participate in Board meetings or in any Committee meetings on a non- voting basis. This participation shall be at the Board’s absolute discretion and may be limited as the Board deems appropriate. A participating representative of a non-member municipality shall 4 not make motions, second motions, or vote on any motions made by a Board member or Committee member, whichever is applicable. ARTICLE V Officers Section 5.1. Chairperson and Vice Chairperson. As required by the Act, the Board shall have a Chairperson and a Vice Chairperson. The Board may appoint other officers as the Board, in the exercise of its discretion, deems appropriate or convenient for fulfilling its duties and managing its responsibilities under the Act. Section 5.2. Appointment of Chairperson and Vice Chairperson; Term; Vacancies. The Chairperson and Vice Chairperson shall each be appointed for a one-year term, beginning on July 1 st and ending on June 30th of each year. In the event of a removal or resignation under Section 5.6 below, or in the event that the Chairperson or Vice Chairp erson is no longer able to carry out the duties of his or her office or is no longer qualified to serve on the Board, the Board shall appoint an interim chair for the remainder of the term of the position he or she is filling . Section 5.3. No Term Limits. An individual Board member may serve as Chairperson or Vice Chairperson for any number of one-year terms, whether successive or intermittent. Section 5.4. Duties of Chairperson. The Chairperson is responsible for setting the meeting schedule, establishing the agenda for each meeting, calling the meetings to order, presiding over the meetings, and speaking on behalf of the Board when needed. The Chairperson shall also be responsible for resolving any questions of procedure. If the Cape Cod Commission requires clarification or direction with respect to any administrative or technical support matters to be provided to the Board, the Chairperson shall be responsible for providing tha t clarification or direction, and the Chairperson’s directions shall take precedence over any inconsistent directions by other Board members. Section 5.5. Duties of Vice Chairperson. In the event that the Chairperson is not present at a meeting or is not able to fulfill his or her duties within the time required to take action, or in the event that the office of the Chairperson is not filled, then the Vice Chairperson shall act as the Chairperson. Section 5.6. Removal and Resignation. By a majority vote, the Board shall have the power to remove the Chairperson or Vice Chairperson in the event that the officer is not fulfilling his or her duties under these Bylaws or fails to comply with the Attendance P olicy or the Code of Conduct or other requirements of these Bylaws . The Chairperson or a Vice Chairperson may resign from his or her position at any time. 5 ARTICLE VI Committees and Designees Section 6.1. Power To Appoint Committees. The Board shall have the power to appoint Committees as necessary to fulfill its responsibilities under the Act. Committees shall consist of no less than five and no more than seven members of the Board. The Board may appoint alternate members to fulfill the responsibilities of a member of a Committee if that member is unavailable to act on a matter. Section 6.2. Committees and Designees. a. Executive Committee. The Board reserves the right to appoint an Executive Committee should the need arise, with membership and powers to be determined by a future vote of the Board. b. Bylaws and Regulations Committee. The Board shall appoint and maintain, as a standing committee, a Bylaws and Regulations Committee, which shall be responsible for preparing, for Board approval by a majority vote, the bylaws addressing internal governance matters and the regulations required by Article 10 of these Bylaws. The Bylaw and Regulations Committee shall reevaluate the bylaws no less than once every two years after the date on which the Board adopts the bylaws , and shall reevaluate the regulations no less than once every five years after the date on which the Board adopts the regulations. c. Powers of Committees. With the exception of the Executive Committee, which shall have the powers identified in a Board vote under Section 6.2.a. of these Bylaws, the powers of any Committee shall be limited to holding public meetings and hearings, investigating and researching matters within their scope, and making recommendations to the full Board for its consideration. d. Designees. The Board may appoint one or more Board members or other persons, including Cape Cod Commission staff, to act as a des ignee for purposes of attending meetings, or for purposes of attending other events and being a point of contact with governmental authorities or other organizations. ARTICLE VII Action by Board; Meetings Section 7.1. Official Actions. Except as stated in other provisions of these Bylaws or as otherwise allowed by law, the Board will take official actions solely through a majority vote at a public meeting in accordance with the Open Meeting Law . All references to a “majority vote” shall mean a majority vote of a quorum at a meeting. Wherever these Bylaws require or authorize the Board to act, a majority vote of members present or participating remotely is required, regardless of whether expressly stated, unless there is a clear statemen t to the contrary. 6 Section 7.2. Quorum. A quorum of the Board requires the presence of a simple majority of the voting membership of the Board. The Ex-Officio Members do not count for purposes of having a quorum. Section 7.3. Remote Participation. In accordance with the Open Meeting Law and the regulations at 940 CMR 29.10, as both may be amended from time to time, Board members shall be allowed to participate remotely in meetings of the full Board and of any C ommittee. In addition to the limitations imposed by the above-referenced state laws, a Board member may only participate remotely in a meeting if he or she is allowed to do so under the Attendance Policy. Section 7.4. Notice of Meetings. In accordance with 940 CMR 29.03(3)(b), the Board will publish notice of its meetings on its website as its official notice posting method. The Board shall file and post notice of its website address, as well as directions on how to locate notices on the website, in each city and town within the Barnstable, Nantucket and Dukes counties in the manner prescribed for local public bodies in that city or town. ARTICLE VIII Administration, Finance, and Record-Keeping Section 8.1. Fiscal Year. The Board’s fiscal year will be coterminous with the fiscal year of the Commonwealth of Massachusetts. Section 8.2. Official Records. The official records of the Board will be maintained by the Cape Cod Commission at the Commiss ion’s offices. The records will be retained and destroyed in accordance with applicable law for regional public bodies in accordance with Public Records Law. Section 8.3. Itemized Records. Paragraph 4 of Section 20 of the Act provides that the Board shall maintain complete itemized records of all receipts, expenditures and disbursements of the Fund in accordance with generally accepted accounting principles. The Board’s ability to maintain these records may depend on information supplied by other governmental bodies and officials within the Commonwealth. In the event that the other governmental bodies or officials do not supply the necessary information, the Chairperson shall notify them in writing. To the extent possible based on information in its possession, the Board shall nonetheless maintain itemized records and produce, with appropriate limitations noted, the annual report and audit report required by the Act in accordance with applicable timelines, unless an extension is agreed upon by the Board and either the Report Recipients or Audit Recipients, whichever is applicable. Section 8.4. Annual Report. The Cape Cod Commission shall be responsible for preparing the annual written report required by the Act for review and for submitting the annual report to the Report Recipients. As required by the Act, the annual report shall include, but not be limited to: (i) an account of revenue generated under section M.G.L. c. 64G, § 3C; (ii) itemized expenses of the Board; (iii) summaries of the projects funded through the Fund; (iv) an account of administrative expenses of the Cape Cod Commission and the Martha’s Vineyard Commission; 7 and (v) five-year projections relative to expected revenue and upcoming projects. The full Board shall review and approve the annual report prior to its submittal to the Report Recipients. Section 8.5. Annual Audit. The Board, which may act thr ough the Cape Cod Commission, shall be responsible for making arrangements for an annual audit by an independent certified public accountant, as required by the Act, and for submitting a copy of the annual audit report to the Audit Recipients. The full Board shall review and approve the audit report prior to its submittal to the Audit Recipients. Section 8.6. Reimbursement of Cape Cod Commission Expenses. By a majority vote, the Board may compensate the Cape Cod Commission for administrative and technical support and associated costs provided to the Board. The Cape Cod Commission may propose a budget for approval on an annual basis. The Board shall compensate the Commission for any costs set forth in the budget, if or as approved, but retains discretion with respect to costs not set forth in an approved budget. ARTICLE IX Execution of Instruments Section 9.1. Authorized Signatories. The Chairperson and the Vice Chairperson are authorized to execute agreements and other documents on behalf of the Board, provided that signature reflects the vote of the Board. Section 9.2. Designees. By majority vote, on either a general or a case-by-case basis, the Board may designate other persons to execute agreements and other documents on its behalf. The Cape Cod Commission shall include any such designation in the Board’s official records. Section 9.3. Electronic Signatures. Wherever a written instrument must be executed, an electronic signature, to the extent permitted by applicable law, shall be deemed a written signature. ARTICLE X Regulations Section 10.1. Regulations. The Board shall adopt regulations governing the method of allocating subsidies, and other matters that the Board, in its discretion, deems necessary or convenient to fulfilling the purposes of the Act. ARTICLE XI Code of Conduct Section 11.1. Non-Discrimination. In all of its dealings, the Board shall not discriminate against any individual or group for reasons of race, color, creed, sex, age, culture, national origin, marital status, sexual preference, mental or physical handicap, or any category protected by Massachusetts or federal law. 8 Section 11.2. Open Meeting Law Training and Conflict of Interest Training. Board members shall comply with all training requirements under the Open Meeting Law and the Confl ict of Interest Law. In accordance with the opinion of the State Ethics Commission, Board members are considered municipal officials for purposes of the Conflict of Interest Law . Board members are not be required to undergo separate training for their membership on the Board if they are in compliance with training requirements through their position as a municipal official in another capacity. The Cape Cod Commission shall be responsible for informing Board members about their training requirements and including all certificates and other required records of this training in the official records of the Board. Section 11.3. Attendance Policy. Board members are required to attend at least half of the meetings of the Board in a fiscal year in person. In the event that a Board member has not attended at least half of the Board meetings in person in a fiscal year, then the Chairperson shall send a letter to the Board member’s Appointing Authority identifying his or her attendance record and requesting his or her in-person participation. If the Chairperson is the Board member who has not attended at least half of the Board meetings in person, then the Vice Chairperson shall send this letter. Any Board member who did not attend in person at least half of the Board meetings for the prior fiscal year shall not be allowed to participate remotely in meeti ngs for the first six months of the current fiscal year. The provisions of this Attendance P olicy shall not apply to the Ex-Officio Members or to the meetings of any Committee. Section 11.4. Conduct of Official Business. Board members must treat all other persons, including members of the Board, non-voting participants, speakers, and members of the public, with respect. Board members shall demonstrate civil and professional behavior in all Board activities. Board members are responsible for being well informed of their duties and must recognize that the Board operates as a collective body, taking binding action only in public ly- posted meetings with a quorum of the Board present. Individual members cannot bind the Board. In the event that a Board member wishes to make a comment or state an opinion in his or her individual capacity, or on behalf of his or her Appointing Authority or municipality, the Board member shall make clear that the comment or opinion is not being made or expresse d in his or her capacity as a Board member. Section 11.5. Recourse for Violations of Code of Conduct. In the event that, in the opinion of the Chairperson, a Board member violates the Code of Conduct, then the Chairperson may send a letter to the Board member’s Appointing Authority identifying this violation. The Chairperson may recommend a course of action and may make official statements for inclusion in the official records of a particular matter, but the Appointing Authority otherwise retains discretion to address the violation or alleged violation in the matter it sees fit. In the event that, in the opinio n of a majority of the Board, the Chairperson, Vice Chairperson, any other officer, or any member of a Committee engages in conduct that violates the Code of Conduct, then, by a majority vote, the Board may remove the Chairperson or Vice Chairperson or other officer from office, or remove the Board member from any Committee he or she is assigned. Before any such vote, the Chairperson, Vice Chairperson, other officer, or Committee member shall have an opportunity to address the Board. 9 ARTICLE XII Effective Date; Amendments Section 12.1. Effective Date. These Bylaws shall take effect as of the date on which a majority of the Board votes to adopt them. Section 12.2. Amendment and Repeal. These Bylaws may not be amended, repealed, or altered except by a majority vote of the Board. The full text of any proposed amendment shall be placed in the meeting notice for any public meeting at which the amendment will be considered. ARTICLE XIII General Provisions Section 13.1. Conflict with Applicable Law. These Bylaws are adopted subject to any applicable law. Whenever these Bylaws may conflict with any applicable law, the conflict shall be resolved in favor of the law. Section 13.2. Invalid Provisions. If a provision of these Bylaws, or the applicability of the provision to a specific situation, is invalid or unenforceable, the provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of these Bylaw s and all other applications of any provisions will not be affected. FYI ITEMS (MAIL) April 5, 2021 1. Abutter’s Notice 42 Warren’s Road – Conservation Commission 2. Abutter’s Notice 73 Hamilton Cartway – MA DEP 3. Nauset News v7 Nauset Public Schools March 31, 2021 Nauset Communities Support Their Children THANK YOU! On March 30 the four towns of the Nauset Regional School District voted overwhelmingly to support the proposed renovation of Nauset Regional High School. Our beautiful campus setting will now be upgraded to reﬂect the needs of a 21st century school. The renovated campus will provide a ﬁrst-class physical structure to house our award-winning programs. The Nauset School Administration and faculties, the Nauset Regional School Committee, and the Nauset Building Project Committee thank our community members and remain committed to provide our children with the kind of education that will allow them to ﬂourish both during their years in Nauset schools and well beyond. TOWN YEAS NAYS PERCENTAGE Brewster 2160 1456 60% Eastham 1559 415 79% Orleans 1650 585 74% Wellﬂeet 952 121 89% Nauset believes…every child matters 1 NAUSET NEWS Nauset Regional High School Building Project