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HomeMy Public PortalAboutCPC Packet 081121Town of Brewster Community Preservation Committee 2198 Main St., Brewster, MA 02631 cpcmeeting@brewster-ma.gov (508) 896-3701 MEETING AGENDA August 11, 2021 at 4:00 PM (Remote Participation Only) This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. 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: 837 7728 4808 Passcode: 326439 To request to speak: Press *9 and wait to be recognized. 2.Zoom Webinar: https://us02web.zoom.us/j/83777284808?pwd=NjB3WldRTGRxb0l0WXhIS1J0Y1NOQT09 Passcode: 326439 To request to speak: Tap Zoom “Raise Hand” button or type “Chat” comment with your name and address, then wait to be recognized. Community Preservation Committee Faythe Ellis Chair Sharon Marotti Vice Chair Elizabeth Taylor Clerk Roland Bassett Jr. Barbara Burgo Bruce Evans Peggy Jablonski Sarah Robinson Paul Ruchinskas CPC Assistant Beth Devine 1.Call to Order 2.Declaration of a Quorum 3.Meeting Participation Statement 4.Financial Update 5.Summary of initial meeting with Jenn Goldson re: CPA 5 Year Plan process and task timeline 6.Discussion and possible vote on completeness, timeliness, and CPA eligibility for funding applications submitted by July 1, 2021 7.Review of Administrative Funds budget FY22 8.Discussion and possible vote to approve funding for Historical Consultant services for FY22 9.Discussion and possible vote to approve funding for continuation of Historical Commission Form B project from Administrative funds 10.Approval of Minutes from 7/28/21 11.Project Updates 12.Announcements 13.Reminder: Virtual public forum – Potential Sea Camps Acquisition, 8/17/21 at 6PM. Info on town website 14.Items the Chair could not anticipate 15.Next meeting: 8/25/21 at 4 PM 16.Motion to adjourn Date Posted: Date Revised: 8/9/21 FY21 End of Fiscal Year Reconciliation Reserve for Continuing Appropriation (now one account): Current Balance 1,881,900.84 Reverse FY20 Entry (1,881,900.84) Reset for FY21 1,798,074.82 New Balance at 6.30.21 1,798,074.80 Open Space Donations Current balance 200.00 Close out to undesignated (200.00) New balance at 6.30.21 - Open Space Reserve Current Balance 377,060.00 + Revenue true-up 137,107.96 + Transfer from Water Fund 70,000.00 + Close out Windfrift Legal Exp 12,806.00 + State Land Grant Close Out 81,973.00 + Close out Debt Interest 0.82 New Balance at 6.30.21 678,947.78 Historic Reserve Current Balance 450,248.90 + Revenue true-up 27,421.19 + Close out Steeple project 50,000.00 New Balance 6.30.21 527,670.09 Housing Reserve Current Balance 87,860.90 + Revenue true-up 27,421.19 + Close out Housing wages 1,488.44 + close out Project Forward Legal exp 4,034.00 New Balance 6.30.21 120,804.53 Budgeted Reserve Current Balance (155,877.00) Adj negative balance to Undesig 155,877.00 Balance at 6.30.21 - Reserve for Expenditure Current Balance 1,575,724.00 Close out to Undesg. - to be reset in FY22 (1,575,724.00) Balance at 6.30.21 - Undesignated Fund Balance (pre-close) Current balance (1,147,433.50) + Total FY21 Revenue 1,828,374.95 + Transfer In from Water 70,000.00 -Water Transfer allocation to OS (70,000.00) - Total FY21 Expenses (1,231,106.91) + Interest not posted yet (June)- + Prior Year Res for Cont Approp 1,881,900.84 - Reset for FY21 Res for Cont Approp (1,798,074.82) + Close out OS Donation Reserve 200.00 - Adj State Land Grant balance to OS (81,973.00) - Revenue true up to historic reserve (27,421.19) - Revenue true up to housing reserve (27,421.19) - Revenue true up to Open Space Reserve (137,107.96) -Close out budgeted reserve (155,877.00) - Close out Prior Year Res for Expenditures 1,575,724.00 - Close Steeple to Historic (50,000.00) - Close Windrfit Legal to Open Space (12,806.00) - Close Debt Interest to Open Space (0.82) - Close Wages to Housing (1,488.44) - Close Project Forward to Housing (4,034.00) CPA Undesignated Fund Balance at 6.30.21 611,454.96 611,454.96 - Community Preservation Committee: FY22 Forecast as of 8/5/2021 1,739,140.61$ 1,084,450.00$ 162,668.00$ 1,247,118.00$ 2,986,258.61 50%10%10% Undesignated Fund Balance Open Space Housing Historical $ 678,947.78 $ 120,804.53 $ 527,670.09 $ - $ 611,454.96 $ 623,559.00 $ 124,712.00 $ 124,712.00 $ 311,779.00 $ 1,247,118.00 $ 1,302,506.78 $ 245,516.53 $ 652,382.09 $ 311,779.00 $ 1,858,572.96 Open Space Housing Historical $ (53,100.00) $ (101,600.00) $ (48,983.00) (62,356.00)$ (185,000.00) (245,516.53) (113,079.47) (125,000.00) ($1,184,762.00) $ (203,683.00) $ (245,516.53) $ (125,000.00) $ (185,000.00) $(1,360,197.47) $ 1,098,823.78 $ - $ 527,382.09 $ 126,779.00 $ 498,375.49 Total net available from all accounts 1,752,984.87$ Adj Balance (2) State Match revenue is projected at 15%, which is the total which was listed in the Spring TM Warrant. [3] Administrative expenses are limited by law to 5% of the total CPC budget and include primarily payroll costs, legal and other professional expenses, the annual $3,500 Coalition dues. H - Rental Assistance - $150,000 H - Habitat - Red Top Road - 105000 H - Latham $150,000 FY22 Estimated Unreserved Fund Balance as of 08/5/2021 with Adjustments REMAINING OPEN SPACE GRANT FUNDS (4) [1] Balance forwarded estimated from prior year includes all unallocated funds, including unspent amounts from projects and budgeted administrative and professional Adjustment for reserve setasides Fall TM submitted HI - Crosby Mansion repairs - $73,400 H -Updated Housing Production Plan - $25,000 H - CC5 Orleans - $100,000 H -Housing Coordinator - $51096 BBJ Property Bond #1 BBJ Property Bond #2 Bates Property Bond Administration Expense [3] Spring TM approved Rec -Brewster Dog Park H -Dennis Veterans Home - $52,500 HI - Mill Pond Wall FY-22 obligations as of 04/23/2021 FY-21 Estimated total balance forwarded [1]: FY-22 Estimated local tax revenue: FY-22 Estimated State contribution [2]: Total FY-22 Estimated funds available: Budgeted Reserved for CPA FY-21 Actual Unreserved Fund Balance FY-22 Estimated revenue FY-22 Estimated Funds available "30%" BONDS Brewster Community Preservation Plan Project Timeline 8/5: Kickoff Meeting with current & former chair By 9/1: Prepare CPA overview profile, 4 resource profiles, & mapping CPA allocations & resources 9/8: CPC Meeting 1 – Review project schedule & profiles; discuss engagement plan Launch outreach effort for public forum Wk of 9/20-24 or 9/27- 10/1: Hold virtual focus groups & interviews (5 each) Compile focus groups & interviews summary Wk of 9/20-24 or 9/27- 10/1: Meet to discuss CPA finances & scenarios Prepare materials for public forum Wk of 10/18-22: Hold public forum (sponsored by CPC) Compile forum results and create summary of key findings Create draft outline of recommendations & goals 11/10: CPC Meeting 2 - review engagement results & discuss draft outline of recommendations & goals Prepare draft CP Plan By 12/1: Submit draft plan for CPC review 12/8: CPC Meeting 3 – review draft plan Revise plan, as needed 1/12: CPC Public Hearing Revise plan, as needed 2/9: CPC Meeting 4 – Approve final plan 8/5/21, REVISED AUG-SEPT SEPT OCT NOV DEC-FEB http://www.jmgoldson.com Fall 2021 TM Legal Opinions - CPC From: Shirin Everett <SEverett@k-plaw.com> Sent: Friday, July 30, 2021 4:35 PM To: Faythe Ellis <faythe.ellis@outlook.com> Cc: Peter Lombardi <plombardi@brewster-ma.gov>; Jonathan Silverstein <JSilverstein@k-plaw.com>; Beth Devine <bdevine@brewster-ma.gov>; 'Sharon Marotti' <sharonmarotti@gmail.com> Subject: BREW: Request for Legal Opinions regarding CPA eligibility (for Peter's initial review) Hello Faythe, Please see my response below on the eligibility of the projects listed below for funding under the CPA. Please let me know if you have any questions or would like to discuss any of the matters. Thanks. Shirin Everett, Esq. KP |LAW 101 Arch Street, 12th Floor Boston, MA 02110 O: (617) 654 1731 F: (617) 654 1735 severett@k-plaw.com www.k-plaw.com The applications can be accessed via this link: http://records.brewster- ma.gov/weblink/0/edoc/157537/Fall%202021%20CPC%20Applications%20Packet%20071421%201.pdf 1.Crosby Mansion Restoration and Preservation Project (P. 77): The Crosby Property Committee/Town of Brewster are requesting $73,400 in historic funds for critical repairs to windows, chimneys, walls, etc. of this historic mansion. The state owns the mansion and leases it to the town which is responsible for rehab and ongoing maintenance. As you are aware, CPA funds may be used to acquire, preserve, and rehabilitate historic resources. The application materials submitted by the Crosby Property Committee and the Town note that that the Crosby property and the Crosby Mansion are listed in the state’s Register of Historic Places and Landscapes. CPA funds are being sought to repair the windows, roof and the chimneys of the Mansion, whose deteriorated condition that allowed water to penetrate into and cause damage to a building that is significant in the history of the Town and has architectural significance. The funds will be used to repair the damage and to protect the building from future harm by the elements. You have informed me that the state owns the Corby Property, but the Town leases it from the state and is responsible for its maintenance. The CPA allows funds to be used for the acquisition, preservation, and rehabilitation of historic resources, but not for ordinary maintenance. “Preservation” is defined as work designed to protect historic resources from injury or harm, and “rehabilitation” is defined as the making of capital improvements or extraordinary repairs to real property that make the historic resource functional for its intended purpose (“capital repairs”, in turn, is defined as making repairs or improvements that are permanent in nature and appreciably adds to the useful life of the property). In my opinion, since the work to be funded by the CPA will protect this historic and historical building from injury and harm from the elements and makes permanent improvements to the Mansion, the project constitutes the preservation and rehabilitation of a historic resource and is eligible for funding under the CPA, provided that the work is done in accordance with the Secretary of the Interior’s standards on historic rehabilitation. Since the property is owned by the state, it is my opinion that the Town is not required to impose a historic preservation restriction on the property (though the Town may ask the Commonwealth if it is willing to do so). The CPA provides that real property interests acquired by the Town should be protected for a minimum period of 30 years. Although the Town is not acquiring a restriction I note that the Town’s lease of the property will terminate in 2028, and, since the Town has the right to extend the lease for a 10-year term, the Town will have control of and can ensure that the unique historic features of the Mansion will be protected for the next 17 years. Although not required, the Town could consider asking the Commonwealth the right to extend the lease for 13 years (rather than 10), as the Town will thereby have control of the property for a 30 year term. It is also possible that the property is already protected by a long-term historic preservation restriction, which, it is lasts for another 30 years, may make the issue of extending the lease term moot. 2.Orleans Cape Cod Five Project is a request by developer Pennrose LLC for $100,000 of Brewster CPA housing funds for the refurbishment of existing buildings and construction of new buildings in Orleans into 62 family rental units including 52 affordable units and 10 middle income workforce units. The application begins on page 4. I am mindful of prior regional projects about the Brewster AHR requirements. I noted that under Item 3 CPA Goals, the applicant states “as part of the sites proposal for State and Federal Funding the units will be deed restricted for at least 40 years.” As you are aware, the CPA permits funds to be used for the acquisition, creation, preservation, and support of community housing, and for the rehabilitation of community housing only if such housing was originally acquired or created using CPA funds. “Acquisition” includes the purchase of land and/or interest in land, and the term “support” is defined in the CPA to include “but not be limited to, programs that provide grants, loans, rental assistance, security deposits, interest- rate write downs or other forms of assistance…to an entity that owns, operates or manages such housing, for the purpose of making housing affordable.” “Rehabilitation” means the making of capital or extraordinary repairs and/or improvements to real property. Finally, “community housing” is defined in the CPA as housing for low and moderate income units. I note that Pennrose LLC proposes to purchase the Cape Cod Five Cents Bank property in Orleans (the “Property”), rehabilitate the existing bank building thereon, construct a new addition to the building, and construct two new townhouses, which will result in the creation of 52 units of low income housing and 10 units of moderate/workforce housing (the “Project”). Pennrose states that the Project is intended to be restricted for a term of 40 years. In my opinion, the Project is eligible for funding under the CPA as the Town will use CPA monies to “support” the Project, that is, it will provide funds to an entity that will own the Property and/or operate community housing, which Town funds, in addition to other funds, will make the Project economically feasible and affordable to its occupants. In order to protect against claims that the Town is providing public funds to a private party without public benefit, it is my opinion that the Town should also acquire an affordable housing restriction on the Property, preserving its use for low and moderate income housing. Any real property interest acquired with CPA funds must be protected for a minimum period of 30 years. Since the restriction is proposed for a minimum term of 40 years, the restriction would comply with the CPA’s requirements. Note that DOR has advised that where rehabilitation is otherwise prohibited (because the property was not acquired using CPA funds), rehabilitation cannot be permitted under the rubric of other permitted uses – such as support, acquisition, or other permitted uses. For that reason, if Pennrose expends CPA monies to purchase the Property, Penrose may use CPA funds also to rehabilitate the existing bank building, as the Property will have been acquired using CPA funds, in part. If other funds are used to purchase the Property, the CPA funds may be used to construct the new construction and the townhouses, but not to rehabilitate the existing building. The grant agreement that the Town enters into with Penrose can contain these conditions. 3.Housing Production Plan: The Town Administrator and Housing Office are requesting $25,000 in housing funds for the Brewster Housing Production Plan update. The current plan expires on June 29, 2022. Application begins on page 14. In my opinion, the Town may use CPA funds to update its Housing Production Plan (the “Plan”), as the purpose of the Plan is to create and support community housing. Specifically, the application states that in updating the Plan, the Town will analyze the affordable housing needs of the Town, conduct community outreach, prepare possible solutions to increasing the availability of affordable housing in the Town, and detail implementation strategies. I note that many other municipalities have used CPA funds for this purpose. 4.SSAL: Latham Centers Inc. is requesting $150,000 for the development of 7 affordable studio apartments and a 1 bedroom apartment for live-in staff as part of its Strong Start in Adult Living program. The property is located in Brewster. Application begins on page 46 with additional information beginning on page 36. The application submitted by Latham Centers states that it seeks CPA funds to develop 7 studio apartments on its property at 1439 Main Street for occupancy by low-income individuals with disabilities as part of its Strong Start in Adult Living (SSAL) Program (the “Project”). The Program provides educational, social, mental, and/or physical support to young adults with disabilities, including providing housing in the 7-unit group home for young adults with low incomes, to prepare them to enter the workforce and live independently. As mentioned previously, the Town may expend CPA funds to acquire, create, preserve and support community housing, and to rehabilitate community housing acquired or created using CPA funds. In my opinion, the Town may use CPA funds for the Project as it constitutes the support of community housing, provided that it enters into a grant agreement with Latham Centers, providing that the CPA funds may be used solely for the construction of the 7 studio apartments (and not the other Project improvements). It is my recommendation that Town obtain an affordable housing restriction on the property (for a term of at least 30 years) to ensure that the studios are occupied by persons who have incomes not exceeding 80% of the area median income and satisfy Anti-Aid Amendment concerns. As always, thank you for your assistance. Please feel free to contact me or Beth Devine if you have questions. Faythe Cash Flows from Operating Activities: Changes in Net Assets Adjustments to Reconcile Change In Net Assets to Net Cash provided by/(used in) Operating Activities: Depreciation Losses Increase/Decrease in Net Accounts Receivable Increase/Decrease in Prepaid Expenses Increase/Decrease in Contributions Receivable Increase/Decrease in Accounts Payable Increase/Decrease in Accrued Expenses Increase/Decrease in Deferred Revenue Increase/Decrease in Subcontract Payable Contributions Restricted for Long-Term Investment Net Unrealized and Realized Gains on Long-Term Investments Other Cash Used in/Provided by Operating Activities Net Cash Provided by/(used in) Operating Activities Cash Flows from Investing Activities: Insurance Proceeds Purchase(s) of Capital Assets (Land, Bldgs. & Equip.) Proceeds from Sale(s) of Investments Purchase(s) of Investments Purchase(s) of Assets Restricted To Long-Term Investment Other Investing Activities Net Cash Provided by/(used in) Investing Activities Cash from Financing Activities: Proceeds from Contributions Restricted For: Investment in Endowment Investment in Term Endowment Investment in Plant (Land Bldgs. & Equip.) Other Financing Activities: Contributions Restricted for Long-Term Investment Interest and Dividends Restricted for Reinvestment Latham Centers, Inc. Projected Statements of Operations and Changes in Net Assets Transitional Aged Apartment Program For the Years Ending June 30, Payments on Notes Payable Payments on Long-Term Debt Other Finance Payments/Receipts Net Cash Provided by/(used in) Financing Activities Net Increase/(Decrease) in Cash and Cash Equivalents Cash and Cash Equivalents at Beginning of Year Cash and Cash Equivalents at End of Year Construction 2022 2023 2024 2025 ,2026 550,000 (1,137)2,535 6,316 10,207 0 106,103 106,103 106,103 106,103 0 (102,800)(2,570)(2,634)(2,700) 1,000 84,649 11,137 (83,065)87,784 551,000 86,815 117,205 26,720 201,394 0 0 0 0 0 (2,786,582) Projected Statements of Operations and Changes in Net Assets Operations (2,236,582) (43,499)(41,952)(43,444)(44,989) 2,236,582 2,280,081 (550,000)0 (41,952)(43,444)(44,989) 1,000 86,815 75,253 (16,724)156,405 0 #REF!#REF!#REF!#REF! 1,000 #REF!#REF!#REF!#REF! Admin Budget Projected Expenses: FY22 Expense Amount Budgeted Historical Commission House History Project 12,326$ Historical Consultant fee 2,500$ Initial Legal review of applications 3,200$ CPA Coalition Dues 3,500$ Admin Support - est.7,000$ Compact of CC Conservation Trusts (est.)20,000$ 5 Yr CPC Plan 10,000$ Subtotal 58,526$ Unallocated 3,830.00$ 62,356.00$ Allocated Notes Estimate 8 applications at $400 each Variable Annual expense Firm $1760 in 2018, $2136 in 2019 Estimate 20 hours per month 2021 exp. TBD Variable $11,454 in 2019, $21,504 in 2018 Variable $14,500 from $20,000 SB budget PROPOSAL to TOWN OF BREWSTER COMMUNITY PRESERVATION COMMITTEE for FISCAL YEAR 2022 Submitted by Eric Dray Consulting The Town of Brewster has requested a Proposal to provide preservation consulting services to the Brewster Community Preservation Committee for Fiscal Year 2022. This consultancy will include the following tasks: Advise and provide technical assistance to the CPC on any other CPC historic preservation matters or funding requests as needed and requested. CONSULTANT’S OVERALL EXPERIENCE Eric Dray has over twenty-five years of experience in the preservation field, with a focus on local preservation planning and regulation. Mr. Dray has both an M.A. in Historic Preservation from Boston University Graduate School of Arts and a J.D. from Boston University School of Law, and spent a year studying Planning at Harvard University’s Graduate School of Design. Mr. Dray has extensive experience as a preservation consultant with Massachusetts communities, including work with Community Preservation Committees, Historical Commissions, Historic District Commissions and Planning offices. Mr. Dray has prepared town-wide Preservation Plans, Survey Plans, MHC Inventory Forms, National Register nominations, and Historic District Guidelines. Mr. Dray has served as preservation consultant to the Falmouth CPC since 2008. In addition to consulting services, Mr. Dray has extensive experience training local communities and boards on a variety of preservation issues, including a presentation on “Generating and Evaluating Good CPA Projects” at the Cape Cod Commission’s 2009 Cape-wide Historic Preservation Conference. Mr. Dray has also consulted with the Massachusetts Historical Commission on preservation planning and historic district issues, including preparation of scripts for a series of Historic District Training Videos produced by the MHC. Prior to moving to Cape Cod, Mr. Dray worked for six years as Historic District Administrator and Preservation Planner for the Boston Landmarks Commission. Mr. Dray’s volunteer community work has been extensive; he served as Chair of the Provincetown Historical Commission from 2006-2014, and was its representative to the CPC (where he was Vice-chair), and was a member of the Historic District Commission and Chair of the Historic District Study Committee that led to adoption of the 1500 property Ch. 40C local historic district. Mr. Dray was also an adjunct professor with Boston University’s Preservation Studies Program from 2006-2013, where he taught the graduate-level preservation planning core course and a planning colloquium. Eric Dray Consulting Brewster CPC Proposal 2 CONSULTANT’S RELVANT CONSULTING PROJECTS Mr. Dray has served as the Brewster CPC’s preservation consultant since 2015 and has provided guidance and advice on many issues connected to reviewing, approving and monitoring CPA preservation applications. Mr. Dray has also prepared preservation restrictions as when they are recommended by the Brewster CPC. Mr. Dray serves in this same capacity for the towns of Somerville (since 2017), Eastham (since 2016), and Falmouth (since 2008). In Falmouth and Somerville, he has also drafted numerous preservation restrictions in addition to providing guidance. Resume and References available upon request. BILLING RATES Mr. Dray will be sole consultant. Rate: $90/hour, plus expenses as approved. APPLICATION FOR COMMUNITY PRESERVATION ACT ADMINISTRATIVE EXPENSE FUNDING Historical Consulting FY22 Project Name (or “None”) Date: August 11, 2021 Name of Person Submitting Request: Faythe Ellis, Chair CPC Daytime Phone Number: 508-680-6487 Email Address: Faythe.Ellis@outlook.com Requested Amount: $2,500 Expense Description: Historical Consulting Services FY2022 Category: ! Open Space ! Historic Preservation ! Recreation ! Affordable Housing Form PE 2/5/2014 CPC Action: Approved Amount:$CPC Liaison: Disapproved Other Action: Date CPC Chair Signature BREWSTER COMMUNITY PRESERVATION COMMITTEE (CPC) HISTORIC PRESERVATION CONSULTING SCOPE OF SERVICES FY 2021 1.Advise and provide technical assistance to the CPC on any other CPC historic preservation matters of funding requests as needed and as requested. Expected duration of contract: July 1, 2021 to June 30, 2022 Maximum amount of funding available for the consulting scope of services: $2,500 Source of Funds: FY 2022 CPC Administrative Funds APPLICATION FOR COMMUNITY PRESERVATION ACT ADMINISTRATIVE EXPENSE FUNDING Historical Commission Historic Inventory Form Expense Project Name (or “None”) Date: 8/9/2021 Name of Person Submitting Request: George Boyd/ Faythe Ellis Daytime Phone Number: 508-896-9937 Email Address: Faythe.Ellis@Outlook.com/gboyd@nyc.rr.com Requested Amount: ___$9,750________________________ Expense Description: Funding for 41 Form B Historical/Architectural narratives for homes listed on Brewster’s Inventory of Historic homes. This funding will allow the Historical Commission to continue documentation of the town’s historic homes, a project that the CPC has generously supported in prior years. The Historical Commission goal is to complete documenting homes that were not covered in the 1970’s inventory project. This project supports the Vision Plan Community Character building block, Purpose 2 “Maintain the town’s historic heritage and style.” The forms completed to date have been helpful to the Historic District Committee in their work to preserve our historic streetscapes, and the historical narratives provide opportunities for interested residents and visitors to learn more about town history. Administration Expenses Category: __Open Space x_Historic Preservation __Recreation __ Community Housing CPC Action: ☐ Approved Amount: $______________ CPC Liaison: ☐ Disapproved ☐ Other Action: Date CPC Chair Signature Administrative Expenses Committed to Date in FY 20___: $_______________________ Form PE 6/14/2018