HomeMy Public PortalAboutSelect Board Meeting Packet - 08.23.21
Town of Brewster Select Board
2198 Main St., Brewster, MA 02631
townadmin@brewster-ma.gov
(508) 896-3701
AMENDED SELECT BOARD MEETING AGENDA
Remote Participation Only
August 23, 2021 at 5:45 PM
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. When required by law or allowed by the Chair, persons wishing to
provide public comment or otherwise participate in the meeting, may do so by accessing the meeting remotely, as noted
above. Additionally, the meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV
Channel 18), Livestream (livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov).
Phone: Call (312) 626 6799 or (301) 715-8592. Webinar ID:890 9291 0526 Passcode: 509224
To request to speak: Press *9 and wait to be recognized.
ZoomWebinar: 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
Cynthia Bingham
Chair
David Whitney
Vice Chair
Edward Chatelain
Clerk
Mary Chaffee
Kari Hoffmann
Town
Administrator
Peter Lombardi
Assistant Town
Administrator
Donna Kalinick
Executive Assistant
Erika Mawn
1. Call to Order
2. Declaration of a Quorum
3. Meeting Participation Statement
4. Recording Statement
5. Executive Session: To consider the purchase, exchange, lease or value of real property at
3057 Main Street and 500 W H Besse Cartway if the chair declares that an open meeting
may have a detrimental effect on the negotiating position of the public body
6. 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.
7. Select Board Announcements and Liaison Reports
8. Town Administrator’s Report Pages 2-16
9. Consent Agenda Pages 17-51
• Waive Right of First Refusal to Purchase Affordable Home: 50 James Burr Road
• Technical Assistance Grant Application for Habitat for Humanity Affordable
Housing Project on Red Top Road
• Commercial Razor Clam Hardship Waiver Request & Recommendation to
Temporarily Suspend Granting New Licenses
• Refer Article II § 179-7 (Floodplain Zoning Bylaw Amendments) to Planning
Board for Fall Special Town Meeting Consideration
• Acceptance of Donations: April 1 to June 30, 2021
• Recreation Department: Items for Disposal
10. Status Update on Potential Acquisition of Cape Cod Sea Camps Properties Pgs. 52-112
11. Discuss and Vote September Special Town Meeting Warrant Articles Pgs. 113-116
12. Discuss and Vote on Special Election Ballot for Tuesday October 5
13. Discuss and Vote on IAFF Local 3763 FY22-23 Collective Bargaining Agreement 117-135
14. For Your Information Pages 136-158
15. Matters Not Reasonably Anticipated by the Chair
16. Questions from the Media
17. Next Meetings: September 3, September 9, September 10, September 13, September 17,
September 24, and September 25, 2021
18. Adjournment
Date Posted: Date Revised: Received by Town Clerk:
08/18/2021 08/20/2021 12:27pm
Weekly Count of New COVID-19 Infections: March 8, 2020 – August 14, 2021
0
5
10
15
20
25
30
35
40
45
50
55
3/15-3/213/22-3/283/29-4/44/5-4/114/12-4/184/19-4/254/26-5/25/3-5/95/10-5/165/17-5/235/24-5/305/31-6/66/7-6/136/14-6/206/21-6/276/28-7/47/5-7/117/12-7/187/19-7/257/26-8/18/2-8/88/9-8/158/16-8/228/23-8/298/30-9/59/6-9/129/13-9/199/20-9/269/27-10/310/4-10/1010/11-10/1710/18-10/2410/25-10/3111/1-11/711/8-11/1411/15-11/2111/22-11/2811/29-12/512/6-12/1212/13-12/1912/20-12/2612/27-1/21/3-1/91/10-1/161/17-1/231/24-1/301/31-2/62/7-2/132/14-2/202/21-2/272/28-3/63/7-3/133/14-3/203/21-3/273/28-4/34/4-4/104/11-4/174/18-4/244/25-5/15/2-5/85/9-5/155/16-5/225/23-5/295/30-6/56/6-6/126/13-6/196/20-6/266/27-7/37/4-7/107/11-7/177/18-7/247/25-7/318/1-8/78/8-8/145 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
2425
53
24
20
8 8
5
1113
21
32
21
25
12
6 7
3 3 1 0 1 0 0 0 0
2 3 5
9
14
7
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 0 0
2 0 0 0 0 0 0 0 0 0 0 0 0 0
1 0 0 0
New Brewster COVID-19 Cases
Resident (493 Total)Long Term Care (111 Total staff & patients)
Vaira Harik, M.S.
Deputy Director
Barnstable County Dept. of Human Services
Cell: 520-271-6314
Email: vharik@barnstablecounty.org
Ages of Brewster Residents with Active COVID-19 Infections
0-9 years (1)
7%
10-19 years (1)
7%
20-29 years (3)
22%
30-39 years (3)
22%
40-49 years (2)
14%
50-59 years (2)
14%
60-69 years (0)
0%
70-79 years (2)
14%
80+ years (0)
0%
0-9 years (1)
10-19 years (1)
20-29 years (3)
30-39 years (3)
40-49 years (2)
50-59 years (2)
60-69 years (0)
70-79 years (2)
80+ years (0)
August 1 – August 7
% COVID Infections in Age Groups % COVID Infections in Age Groups
0-9 years (1)
14%
10-19 years (0)
0%
20-29 years (1)
14%
30-39 years (0)
0%
40-49 years (2)
29%
50-59 years (2)
29%
60-69 years (1)
14%
70-79 years (0)
0%
80+ years (0)
0%
0-9 years (1)
10-19 years (0)
20-29 years (1)
30-39 years (0)
40-49 years (2)
50-59 years (2)
60-69 years (1)
70-79 years (0)
80+ years (0)
August 8– August 14
1
Donna Kalinick
From:Amy von Hone
Sent:Tuesday, August 10, 2021 10:19 AM
To:All Staff
Cc:Annette Graczewski; Jeannie Kampas; Joe Ford; Kimberley Crocker-Pearson; Mary
Chaffee; Penny Holeman; Sherrie McCullough; Tammi Mason
Subject:Mask Recommendation Indoors in Public Buildings and Offices
Attachments:Advisory Mask Sign 08.09.2021.pptx
Good morning-
In light of the increase in the number of new positive COVID cases over the last month in Brewster and
across the Cape in both vaccinated and unvaccinated individuals, the following advisory is being issued
by the Health Department and Town Administration:
Effective August 10, 2021, all Town staff and visitors, fully vaccinated or not, are STRONGLY ADVISED
to wear masks or face coverings when indoors at any public Town of Brewster building or facility until
further notice. Outdoor activities are currently not considered higher risk for the spread of COVID, and
therefore, masks in outdoor settings is not recommended unless individuals will be in close proximity
to non-family or non-work cohorts for an extended period of time.
The following best practices still apply:
PPE supplies for staff and customers to be readily available in each department: disposable
masks, disposable gloves, disinfectant wipes, hand sanitizer
Use of plexiglass barriers between staff and customers
One customer at a time to be served at office counters
Signage demarcating “Staff Only” spaces in office settings
Social distancing floor markings
Routine cleaning and sanitizing of office equipment and workspaces
Stay at home if you are sick or self-quarantining due to a COVID exposure
Masks are advised indoors in any public space i.e. customer service counters, lunchrooms,
kitchens, bathrooms and other common areas. Masks are not required at workstations that
provide adequate separation from coworkers, however, please be respectful of employees and
customers who choose to continue wearing masks for their personal comfort. Masks should be
considered when sharing vehicles if adequate ventilation (open windows) cannot be provided.
Please post the attached sign at all town buildings.
Thank you for your continued efforts to keep our work family and Brewster community safe. Please
don’t hesitate to contact us with any questions or concerns.
Amy L. von Hone, R.S., C.H.O.
Health Director
Brewster Health Department
(O) 508-896-3701 X1120
Peter Lombardi
2
Town Administrator
Town of Brewster
508-896-3701 x. 1128
Beginning July 6th, Brewster Town Offices will be open to the public Tuesday, Wednesday, and Thursday
from 8:30 to 4:00pm. Beach and Recycle Permits are not available in person but can be purchased online
or through our mail-in program. For the latest updates on Town services, please visit
ADVISORY
Wear a MASK
if you are vaccinated or unvaccinated
Thank You!
Begin:
Unreserved Undesignated Fund Balance 5,428,898.00
Subtract:
Personal Property Tax Receivable 8,250.00
Real Estate Tax Receivable 467,781.00
Other Receivables in Deferred Revenue
0.00
Total 0.00
OtherOther Receivables, Overdrawn Accounts, Deficits
hazard mitigation 1,082.00
NRCS federal grant 276,355.00
CESFP grant police 1,250.00
Muni road safety grant 710.00
refunds due taxpayers 1,859.00
Total 281,256.00
Free Cash Voted from Town Meeting Not Recorded 0.00
Add:
Circuit Breaker, Other Closed Accounts, Adjustments:
0.00
Total 0.00
Deferred Revenue (Credit Balance+ Debit Balance-)-170,278.00
Free Cash Calculation for 2021 4,501,333.00
Reviewed By:Thomas Guilfoyle
Certified On:8/18/2021
page 1 of 2
MASSACHUSETTS DEPARTMENT OF REVENUE Brewster
DIVISION OF LOCAL SERVICES TOWN
Free Cash Certification
Free Cash Calculation - Fiscal Year 2022
printed on 8/18/2021 9:42:28 AM
Enterprise Fund Number A-2(1ST)
Type of Enterprise Fund WaterSewer
Name of Enterprise Fund/Statutory Reference Water Dept
Part I Cash 2,499,209.00
Current Liabilities, Designations of Fund Balance:
Accounts Payable 0.00
Payroll Payable 0.00
Encumbrances 24,772.00
Expenditures 376,967.00
Continuing Appropriations 239,812.00
Other Liabilities
petty cash 200.00
Total 641,751.00
Cash less Current Liabilities 1,857,458.00
Part II Retained Earnings, Undesignated 1,857,458.00
Accounts Receivable (net):
User Fees 0.00
Other Accounts Receivable
0.00
Total 0.00
Undesignated Retained Earnings Less Accounts Receivable 1,857,458.00
Fixed Assets
Debits:
0.00
Total 0.00
Credits:
0.00
Total 0.00
Fixed Assets Variance (Debits - Credits)0.00
page 2 of 2
MASSACHUSETTS DEPARTMENT OF REVENUE Brewster
DIVISION OF LOCAL SERVICES TOWN
Free Cash Certification
Retained Earnings Calculation - Water Dept - Fiscal Year 2022
printed on 8/18/2021 9:42:28 AM
Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date: 08/02/2021
Robert Moran
TOWN OF BREWSTER
1657 MAIN ST
BREWSTER, MA 02631
EMW-2020-FG-16569
Dear Robert Moran,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for
the Fiscal Year (FY) 2020 Assistance to Firefighters Grant (AFG) Grant funding opportunity has
been approved in the amount of $178,262.86 in Federal funding. As a condition of this grant, you
are required to contribute non-Federal funds equal to or greater than 5.00% of the Federal funds
awarded, or $8,913.14 for a total approved budget of $187,176.00. Please see the FY 2020 AFG
Notice of Funding Opportunity for information on how to meet this cost share requirement.
Before you request and receive any of the Federal funds awarded to you, you must establish
acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting
this award, you acknowledge that the terms of the following documents are incorporated into the
terms of your award:
Summary Award Memo - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
2020 AFG Notice of Funding Opportunity (NOFO) - incorporated by reference
Please make sure you read, understand, and maintain a copy of these documents in your official file
for this award.
Sincerely,
Christopher Logan
Acting Assistant Administrator
Grant Programs Directorate
Summary Award Memo
Program: Fiscal Year 2020 Assistance to Firefighters Grant
Recipient: TOWN OF BREWSTER
DUNS number: 958272502
Award number: EMW-2020-FG-16569
Summary description of award
The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of
the public and firefighting personnel against fire and fire-related hazards. After careful
consideration, FEMA has determined that the recipient`s project or projects submitted as part of the
recipient`s application and detailed in the project narrative as well as the request details section of
the application - including budget information - was consistent with the Assistance to Firefighters
Grant Program`s purpose and was worthy of award.
Except as otherwise approved as noted in this award, the information you provided in your
application for FY 2020 Fiscal Year (FY) 2020 Assistance to Firefighters Grants funding is
incorporated into the terms and conditions of this award. This includes any documents submitted as
part of the application.
Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.
The following are the budgeted estimates for object classes for this award (including Federal share
plus your cost share, if applicable):
Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justifications are
provided for any differences between the scope of work in the original application and the approved
scope of work under this award. You must submit scope or budget revision requests for FEMA`s
prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2020
AFG NOFO.
Approved request details:
Personal Protective Equipment (PPE)
Object Class Total
Personnel $0.00
Fringe benefits $0.00
Travel $0.00
Equipment $187,176.00
Supplies $0.00
Contractual $0.00
Construction $0.00
Other $0.00
Indirect charges $0.00
Federal $178,262.86
Non-federal $8,913.14
Total $187,176.00
Program Income $0.00
SCBA: SCBA Unit includes: Harness/Backpack, Face Piece and 2
cylinders
DESCRIPTION
Request to purchase 34 NFPA/NIOSH compliant 45 minute duration SCBA w/ facepiece and
two cylinders to replace 34 non-compliant NFPA 2007 edition 30 minute duration SCBA and
cylinders.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
EquipmentCost 1 25 $7,000.00 $175,000.00
CHANGE FROM APPLICATION
Quantity from 34 to 25
Price from $8,700.00 to $7,000.00
JUSTIFICATION
This reduction is because the number of SCBA requested exceeded the number of
Firefighters in your department, and because the cost you requested for SCBA exceeds the
average price range calculated from market research and prior awards for the same item.
Additional funding
DESCRIPTION
USB Gateway Device to allow for the uninterrupted and efficient operation of an integral
accountability and PAR device being requested for each SCBA in additional funding.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
EquipmentCost 1 1 $1,720.00 $1,720.00
Additional funding
DESCRIPTION
Four (4) Pak-Tracker truck mount chargers to ensure proper charging and immediate use of
Pak-Tracker receivers in the event of an urgent or mayday message from a downed or
distressed firefighter.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
EquipmentCost 1 4 $529.00 $2,116.00
Additional funding
DESCRIPTION
RFID Reader/Writing device to allow for the uninterrupted and effective operation of an
integral accountability and PAR device for each SCBA being requested in additional funding.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
EquipmentCost 1 1 $572.00 $572.00
Additional funding
DESCRIPTION
Four (4) Scott Pak-Tracker receivers for installation on fire department apparatus to allow
each company the ability to use the receivers to track the integral pak-tracker devices
included in the requested SCBA to locate distressed or downed firefighters in the event of an
urgent or mayday situation.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
EquipmentCost 1 4 $1,442.00 $5,768.00
Additional funding
DESCRIPTION
34 user accountability devices for each one of the requested NFPA compliant SCBA. These
devices will allow for the immediate accountability of members on the fireground and wireless
transmission of PAR requests to all firefighters.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
EquipmentCost 1 25 $80.00 $2,000.00
CHANGE FROM APPLICATION
Quantity from 34 to 25
JUSTIFICATION
This reduction is because the number of SCBA - Accountability Devices requested exceeded
the number of Firefighters in your department.
Brewster Select Board Meeting of August 23, 2021
Consent Calendar Items
1
8 Consent Agenda
• Waive right of first refusal to purchase affordable home 50 James Burr Road
The Town of Brewster has been notified that the homeowners of 50 James Burr Road, a
Subsidized Housing Inventory (SHI) home, intend to sell their home. According to the
property’s affordable deed rider, Habitat for Humanity of Cape Cod , the Town of Brewster,
and the HOME Consortium have subsequent rights of first refusal to either purchase and/or
to locate an eligible purchaser of the property. Habitat for Humanity h as waived its right of
first refusal. It is requested that the Select Board formally waive the Town’s right of first
refusal for 50 James Burr Road. The home will be resold as a deed -restricted affordable
home. It is expected that Housing Assistance Corporation will oversee the marketing and
resale of the property.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to waive the right of first refusal for 50 James Burr Road.
• Technical Assistance Grant Application for Habitat for Humanity Affordable Housing
Project on Red Top Rd.
Habitat for Humanity of Cape Cod has submitted a comprehensive permit application to the
ZBA to build two affordable homes off Red Top Road. The land was donated by a Brewster
resident, and in April the Town submitted a Loca l Initiative Program (LIP) application to the
Department of Housing and Community Development (DHCD) for the proposed build. The
LIP application was approved by DHCD in June. Habitat’s first ZBA hearing is scheduled for
September 14, 2021. This application is to request a Mass Housing Partnership technical
assistance grant of up to $15,000 for a consultant to assist the ZBA throughout the
comprehensive permit process. The consultant would provide support and guidance to the
ZBA as well as help write the final decision. This would be especially beneficial in the
absence of a Town Planner. The request is to authorize the Select Board Chair to sign the
technical assistance application.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to authorize the Chair to sign the Technical Assistance
Grant.
• Commercial Razor Clam Hardship waiver request & Recommendation to Temporarily
Suspend Granting new licenses.
Mid year razor clam catch reports are due and this is a hardship request. There are also
three who never harvested. After review of the data so far, it shows a decline in catch per
unit effort.
ADMINISTRATIVE RECOMMENDATION
Natural Resources recommends that the hardship waiver be approved and no additional
new licenses be issued at this time.
Brewster Select Board Meeting of August 23, 2021
Consent Calendar Items
2
• Refer Article II, § 179-7, Floodplain Bylaw back to the Planning Board
The proposed amendments to the Floodplain Zoning Bylaw (Article II, § 179-7) was
discussed by the Planning Board on August 11th. The Planning Board voted to refer this
amendment to the Select Board to initiate the public hearing prior to the November Town
Meeting. The Planning Board requests that the Select Board refer this article back to the
Planning Board to satisfy the Attorney General requirements for amending zoning bylaws.
No formal discussion of the proposed amendments is necessary at this time .
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to refer the bylaw back to the Planning Board to start the
required process for amending zoning bylaws.
• Quarterly acceptance of Gifts & Donations (2021 Q4)
Consistent with MGL Ch. 44 Sec 53A, the Select Board is required to regularly vote to accept
gifts made to the Town. The enclosed spreadsheet details donations made to the Town for
various purposes from April 1, 2021 through June 30, 2021.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to accept the donations.
• Disposal of surplus items: Recreation Department
The Recreation Department has a number of older items that are no longer useful or have
value. They will dispose of these at the Brewster Recycle Center and donate older sh irts.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve of this request.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701, ext.1169
Fax: (508) 896-8089
August 24, 2021
Danielle and Bernard Savery
50 James Burr Road
Brewster, MA 02631
Dear Danielle and Bernard Savery,
Thank you for notifying the Town of your intent to sell your affordable, Subsidized
Housing Inventory (SHI), home at 50 James Burr Road, Brewster. In accordance with the
terms of the deed restriction which runs with your home, the Town of Brewster hereby
acknowledges receipt of your notice to sell on July 22, 2021. The Town has also been
advised that on August 17, 2021, Habitat for Humanity of Cape Cod waived its right of
first refusal.
The Select Board voted at their August 23rd meeting to waive the Town of Brewster’s
right of first refusal with respect to purchasing or finding an income-qualified buyer for
your home. From your letter to the Town, it is expected that Housing Assistance
Corporation will oversee the affordable marketing and resale of your home. If you should
have any questions about this process, please feel free to call either myself at 508-896-
3701, ext. 1169, or Gael Kelleher at Housing Assistance Corporation at 508-771-5400,
ext. 284. Good luck with the sale and thank you for your assistance in this matter.
Sincerely,
Jill Scalise
Housing Coordinator
CC: Brewster Select Board
Habitat for Humanity of Cape Cod
HOME Consortium
Office of:
Housing
TOWN OF BREWSTER
DEPARTMENT OF NATURAL RESOURCES
1657 MAIN STREET
BREWSTER,MA 02631
PHONE:(508)896-4546 SHELLFISH@BREWSTER-MA.GOV
Memo:
To: Brewster Select Board
From: Chris Miller, Ryan Burch
cc: Peter Lombardi
Date: 8-19-2021
Re: Commercial Razor Clam Mid-year recommendations
As we entered 2021, modifications were made based on the current science, harvester feedback and
recommendations from shellfish experts. One of these management tools was the mid-year harvest
minimum, which states:
By August 12, 2021 all regular harvesters must have a minimum of 8 documented harvest days or
their license will be revoked.
* Document harvest days is a catch of 8 lbs. or more ( based off previous year’s harvest data)
2021 Mid-year Summary:
15 Total Regular Harvesters
11 Regular Harvesters met the mid-year harvest minimum
4 did not meet the mid-year harvest minimum
3 out of the 4 had no documented harvest days
1 out of the 4 had 8 harvest days but did not have the 8 lbs. harvest minimum.
Recommendations:
The Natural Resource Department does not oppose the hardship request being submitted.
The Natural Resource Department recommends not filling any vacancies for the remainder of the
2021 harvest season. Last year’s harvest data showed a decline in catch amounts and this trend
appears to be continuing again this year. Decreasing the number of harvesters will reduce the
pressure on the resource for the remainder of the season. The DNR supports continuing the rest of
the season and will continue to collect data for a comparison study with help from the Barnstable
County’s Cooperative Extension’s Marine Division.
August 3, 2021
To: The Select Board
Brewster, Ma
Re: Hardship Waiver for commercial shellfish & seaworm permit (Section 15.18)
Dear Select Board,
I am writing this letter to ask for approval in continuing my pursuit as a commercial shellfish
professional. I was recently selected through the lottery process in Brewster. Upon receiving acceptance
I successfully applied for the appropriate permits, and licensure, and researched and purchased my own
equipment to use for razor clamming. I have no razor clam experience, and have made every attempt to
collect the 8lb minimum while clamming.
I have made good use of my time and the tides. Before getting my permits/licensure, I walked
the beaches in search of razor clam holes, and consulted with more experienced individuals on methods
and equipment. Since receiving my license, I have been out 11 times to four different landings, in
attempts to collect razor clams. I have had success, since my first trip I have collected between 2 – 6.5lbs
of razor clams each time, and promptly sold them at the fish market. I have followed all local laws and
regulations, and will continue to collect in the next few weeks before the mid-year mark.
In conversation with several other commercial shellfish people, they have all independently
informed me that this year has been more challenging in finding razor clams than past years. They have
also encouraged me to keep trying, as a learning curve is expected, and was experienced by them when
they started. I am an elementary school educator, and the extra income throughout the summer helps
support me through the year. With the amount of time, energy, and purchases I have made, I hope that
I can continue to learn the art of razor clamming with your approval.
Thank you for the consideration
Sincerely,
Holeigh Morin
Holeigh Morin
76 Stony Brook Rd
Brewster, MA
978-758-9520
TOWN OF BREWSTER
2021 Commercial Razor Clam Regulations
Section 15 Commercial Razor Clam
The purpose of these regulations is to sustainably manage the commercial harvest of razor clams in the waters
of Brewster. The Select board reserves the right to modify these regulations at any time in order to protect and
preserve this natural resource. The Department of Natural Resources recognizes the mobility of this fishery and
the need to adjust the regulations as they migrate to new areas.
Section 15.1 Commercial Shellfish License Purchase
A.) Only persons holding a current Town of Brewster Commercial Shellfish License with a Razor Clam
Endorsement may harvest razor clams from the waters of Brewster.
B.) Commercial Shellfish Licenses will be sold at the Department of Natural Resource Office (1657 Main
Street, Brewster) April 1 to May 31. Please note that all town offices are only open to the public on
Tuesdays and Thursdays, but that we have a drop box available in the front lobby.
Section 15.2 Razor Clam Application
A.) Renewal harvester applications will be accepted starting Wednesday March 24 through April 9 at the
Department of Natural Resource Office.
B.) New harvester applications will be available on Thursday March 25 through April 8 at the Department
of Natural Resource Office. If the available spots are not filled by April 9, the application period will
extend through the end of May
Section 15.3 Endorsement Purchase
A.) Renewal Endorsements will be available for purchase Wednesday April 1 2020 through April 8 2020 at
Department of Natural Resource Office (1657 Main Street).
B.) A computer generated random selection lottery will be held on Friday April 9, 2021 if there are more
applicants than available spots.
C.) Any new endorsement selected in the lottery may be purchased until May 31.
D.) In the event that a harvester’s license is revoked, that available endorsement may be filled and a
commercial shellfish license and razor clam endorsement may be purchased after May 31, based on a
waiting list from the lottery.
E.) Any license issued after August 12 will be responsible to pay the regular endorsement fee, no
endorsements or commercial permit fees will be discounted for late purchase.
Section 15.4 Annual Harvester Selection
A.) In 2020, 13 regular harvesters and two student harvesters met all requirements and are subject to
grandfathering for the 2021 season.
B.) Total permits in 2021 will be 15 regular harvesters and five student harvesters.
C.) 2 more regular harvesters will be chosen by a computer generated random selection lottery.
D.) 3 student harvesters will be chosen by a computer generated random selection lottery.
E.) If a grandfathered regular harvester does not renew their license, their permit will be added to the regular
harvester lottery.
F.) If a grandfathered student harvester does not renew their license, their permit will be added to the
student lottery.
Section 15.5 Endorsement Types
A.) Regular Commercial Razor Clam Endorsement – The Select Board will issue 15 regular commercial
razor clam endorsements to Brewster residents aged 21+.
B.) Junior Commercial Razor Clam Endorsement - The Select Board will issue 5 junior commercial razor
clam endorsements to Brewster residents aged 16-20 years old. This category has been capped at 5
participants who operate under the same rules and regulations as a regular commercial razor clam
endorsement with exception to the endorsement fee and mid-year harvest requirements. Should the
junior license holder turn 21 during the commercial season, they shall continue harvesting as a Junior
until the season ends.
C.) Apprentice - The Select Board may issue an apprentice razor clam endorsement to a resident child who
is sponsored by a Town of Brewster commercial razor clam endorsement holder. Said child must be
under the age of 16, and said apprentice endorsement shall expire on the child’s 16th birthday or at the
end of the commercial season. The apprentice may only assist a sponsor who is actively engaged in the
harvesting of razor clams. Each razor clam endorsement holder is allowed 2 (two) apprentice permits.
Any apprentice will not be subject to the grandfather privileges and must enter the lottery for the desired
program.
Section 15.6 Endorsement fee
A.) Regular $ 200.00
B.) Junior $ 100.00
C.) Apprentice No fee
Section 15.7 Season
The waters and flats of Cape Cod Bay in the Town of Brewster shall be open for the taking of razor clams
annually from April 1st through December 31st, subject to seasonal closures of certain areas as detailed in
section 15.11, Harvest Area. The taking of razor clams outside of this defined harvest period is prohibited.
Section 15.8 Harvest Methods
A. The taking of razor clams by means of salting with food grade salt is allowable, provided there are no
other species (such as soft-shelled clams or quahogs) within the inter-tidal zone of a given area. Areas
of mixed species will be assessed and determined in the sole and unfettered discretion of the Shellfish
Constable
B. No other method of harvest is allowable, such as plungers, pumps, drags, dredges or electric charge.
C. Harvesters cannot use a pre-mixed salt solution for harvesting, harvest site mixing only using ocean
water and food grade salt.
D. Dry salting (salt not in a water solution), broadcast salting (spreading dry salt over a tidal flat), or
spraying of any other solution than food grade table salt is prohibited.
Section 15.9 Harvest Notification
A. The Town of Brewster will require all harvesters to notify the shellfish constable each time they plan to
harvest and specify whether by land or by boat. If by boat, indicate which harbor with adequate time for
Shellfish Constables to respond.
B. Prior to harvesting razor clams each day, the harvester must contact the Shellfish Constable to announce:
a) Name
b) Time
c) Location
Section 15.10 Harvester Reporting
A.) After harvesting, the harvester must complete all required fields on the google reporting document by
the last day of that harvest month. This includes:
1. Harvester name
2. Number of pounds harvested
3. Location
4. Hours spent harvesting ( Defined as: The first spray of salt to the last clam harvested)
5. Apprentice participation
6. Date
7. AM or PM tide
B.) On the last day of each month, all harvesters are required to submit photo copies of their harvest tags
with the following information:
Wholesale name
Date
Description (type of clam)
of pounds
Stamped transaction number
PLEASE OMIT ALL FINANCIAL INFORMATION
Methods of contact include: office phone (508) 896-4546 or text to department cell phone (774) 212-9040.
Section 15.11 Harvest Area
A. All areas in Brewster waters from a point beginning 100 yards west of Ellis Landing and extending
magnetic north, and running East to the Town line border between Brewster and Orleans (see map) are
closed April 1 through May 27 for commercial razor clamming. This area will open for harvest from
May 28 through December 31 (pending monthly harvest trends)
B. All areas (except those designated in red, see map) in Brewster waters from a point beginning 100 yards
west of Ellis Landing and extending magnetic north, and running west to the Town line border between
Brewster and Dennis (see map) will be open April 1 through December 31 for commercial razor
clamming.
C. Commercial razor clamming is prohibited in aquaculture sites and designated recreational shellfishing
areas defined as: Saint’s Landing recreational quahog area, Littleneck rock beds off Ellis Landing.
Section 15.12 Tagging / Display Permit
A. All shellfish harvested under a commercial shellfish permit shall be placed in a suitable container during
transport. The container shall bear a label or tag legibly marked with:
a) Date of harvest.
b) Place of harvest (CCB20)
c) Digger’s state permit number.
d) Name of digger.
B. All shellfish, commercial permits and licenses shall be displayed upon demand of a Shellfish Constable
or Town of Brewster police officer.
Section 15.13 Commercial Shellfish Hours
A. See Commercial Regulations
Section 15.14 Landings
A. All razor clams commercially harvested and landed shall be in bushel baskets measuring 18" in length,
10 ½ " in height, and 12 ¼" in width. (2150 cubic inches)
B. All razor clams commercially harvested by foot shall be landed only at Town landings.
C. All razor clams commercial harvested by boat will have to obtain written permission from the shellfish
constable and the neighboring harbormasters in order to land shellfish in their harbors. In addition to
tagging the bags CCB 20, the permit holder will have to retain a copy of this permission to display with
their license.
Section 15.15 Temperature Restrictions
A. See Commercial Regulations
Section 15.16 Size / Catch limit
A. 5” (five) minimum size
B. 2 Bushel per day limit
Section 15.17 Double Tides in a 24 hour period (12:00am-11:59pm)
A. In the case that two low tides occur on the same day, harvesters may fish both tides but the total harvest
limit may not exceed two bushels.
B. When reporting two harvest events on the same day, the harvester must adequately identify each harvest
effort with an easily recognizable symbol or abbreviation. (i.e. am tide, pm tide)
Section 15.18 Hardship
A. A harvester that does not meet the minimum harvesting or reporting requirements defined in these
regulations has the right to petition the Select board for a hardship waiver.
B. The harvester must present their hardship to the Select Board in writing and provide any documentation
to support their case.
C. The harvester must act immediately in the case of a hardship incident, so as not to impair the rights of a
replacement harvester in the case the hardship petition is denied.
Section 15.19 Undersized Razor Clams
A. All under sized (less than 5 inches) razor clams must be returned to the flats and buried (under the sand)
immediately after harvest.
Section 15.20 Principally Domiciled Residency Requirements
A. Each applicant for a commercial razor clam endorsement shall be a resident and principally domiciled in the
Town for a period of twelve (12) months prior to application. If at any time the endorsement holder should
change domicile to another town, the permit holder shall immediately notify the Shellfish Constable and the
permit shall be automatically revoked and must be surrendered to the Shellfish Constable.
B. Each application shall be subject to review by the Shellfish Constable and Select Board, prior to approval.
C. Establishing residency shall be the burden of the applicant, to the satisfaction of the issuing authority to
provide four (4) of the following documents as proof of a principally domiciled resident:
1. A current mortgage statement;
2. A current motor vehicle excise tax bill issued by the Town;
3. A current real estate tax bill issued by the Town;
4. A current lease or rental agreement of the applicant’s residence/domicile in Brewster
5. A current listing on the Town census or list of persons
6. Or any other documentation as approved by the Shellfish Constable
Please note that a driver’s license is not a valid proof of domicile
Section 15.21 Reason for License Revocation
A. Failure to maintain the residency requirements
B. Failure to meet the required reporting requirements within 30 (thirty) days of harvest
C. Failure to meet the minimum harvest days by the specified deadline as defined in these regulations
D. Failure to renew an endorsement within the specified time requirements
Section 15.22 Monthly Harvest Assessment
A.) A monthly harvest assessment using data generated from pounds per day and pounds per minute, as
generated in the existing harvest assessment.
B.) Each harvester will be required to submit harvest data via the google document form and submit photo
copies of each documented harvest day at the end of each month.
C.) If harvest trends from these monthly reports show a further reduction in harvest levels, further
restrictions or closure to the Eastern end of Brewster shall be implemented.
D.) Google document link: XXXXXXXXXXXXXXXXXXXXX
Section 15.23 Minimum Harvest Requirements
A.) Mid-year harvest minimum – By August 12, 2021 all regular harvesters must have a minimum of 8
documented harvest days or their license will be revoked.
B.) Yearly harvest minimum – By December 31, 2021 all harvesters (regular and student) must have a
minimum of 16 documented harvest days or they will not meet minimum requirements for
grandfathering.
C.) Any razor clam endorsement issued after August12 will not be subject to the annual minimum harvest
requirements.
Section 15.24 Transferability of License
A.) These licenses are not transferable
Section 15.25 Documented Harvest Day
A.) Is defined as a harvest day with a dealer sales slip of 8 pounds or greater.
1
Donna Kalinick
From:Ryan Bennett
Sent:Friday, August 13, 2021 11:36 AM
To:Erika Mawn; Peter Lombardi
Cc:Donna Kalinick; Lynn St. Cyr; 'Paul Wallace'
Subject:Zoning Bylaw Amendment Referral - Floodplain Article
Attachments:Floodplain_2021TM_ArticleXX_FINAL.doc; Floodplain_2021TM_ArticleXX_FINAL.pdf
Erika,
Please find attached proposed amendments to the Floodplain Zoning Bylaw (Article II, § 179-7) discussed by the
Planning Board on August 11th. The Planning Board voted to refer this amendment to the Select Board to initiate the
public hearing prior to the November Town Meeting.
We request the Select Board refer this article back to the Planning Board at your August 23rd meeting to satisfy the
Attorney General requirements for amending zoning bylaws. No formal discussion of the proposed amendments is
necessary at this time.
Let me know if you have any questions.
Thank you,
Ryan
Ryan Bennett | Town Planner
Town of Brewster
2198 Main Street
Brewster MA 02631
T: 508-896-3701
Beginning July 6th, Brewster Town Offices will be open to the public Tuesday, Wednesday, and Thursday from 8:30 to
4:00pm. For the latest updates on Town services, please visit www.brewster-ma.gov.
Article XX – Floodplain Bylaw Amendments
Purpose: To amend sections of the existing Brewster Floodplain Bylaw (179-7), and to add new sections and
definitions where necessary, to be consistent with National Flood Insurance Program (NFIP) requirements and
the Massachusetts Model Floodplain Bylaw.
§ 179-7 Floodplain District.
[Added 5-13-1985 ATM, Art. 65; amended 5-11-1992 ATM, Art. 37; 11-17-2003 FYTM, Art. 22; 5-5-2014,
ATM, Art. 24]
The Floodplain District is established as an overlay district. All uses otherwise permitted in the underlying
district are allowed, provided that they meet the following additional requirements, as well as those of the
Massachusetts State Building Code dealing with construction in floodplains and coastal high hazards.
A.Statement of purpose. The purposes of the Floodplain District are to:
(1)Regulate development in areas subject to coastal storm flowage, particularly high hazard velocity
zones. in order to minimize threats to public safety, potential loss of life, personal injury, destruction
of property, and environmental damage inevitably resulting from storms, flooding, erosion and
relative sea level rise.
(2)Enable safe access to and from coastal homes and buildings for homeowners and emergency response
personnel, such as police, fire and rescue departments or other emergency response officials.
(3)Reduce or prevent public health emergencies resulting from surface and ground water contamination
from inundation of or damage to sewage disposal systems and storage areas for typical household
hazardous substances.
(4)Minimize monetary loss and public health threats resulting from storm damage to public facilities
(water and gas mains, electric, telephone lines, streets, bridges, etc.). Avoid the loss of utility services
which, if damaged by flooding, would disrupt or shut down the utility network and impact regions of
the community beyond the site of flooding.
(5)Eliminate costs associated with the response to and cleanup of flooding conditions.
(6)Reduce damage to public and private property resulting from flooding waters.
B. Definitions. As used in this section, the following words shall have the meanings specified herein:
AREA OF SPECIAL FLOOD HAZARD The land area subject to flood hazards and shown on a Flood Insurance
Rate Map or other flood hazard map as Zone A, AE, X, and VE. [Base Code, Chapter 2, Section 202]
BASE FLOOD The flood having a one-percent chance of being equaled or exceeded in any given year.
COASTAL HIGH HAZARD AREA The area subject to high-velocity waters, including but not limited to
hurricane wave wash or tsunamis. The area is designated on a FIRM as Zone VE.
DEVELOPMENT Any man-made change to improved or unimproved real estate, including but not limited to Draft Only
building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or
storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]
DISTRICT Floodplain District.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be fixed
(including, at minimum, the installation of utilities, the construction of streets, and either final site grading
or pouring of concrete pads) is completed before the effective date of this section.
EXPANSION TO AN EXISTING MANUFACTURED HOMEPARK OR SUBDIVISION The preparation of
additional sites by the construction of facilities for servicing lots on which the manufactured homes are to
be affixed (including the installation of utilities, the construction or streets, and either final site grading or
pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) Administers the National Flood Insurance Program
(NFIP). FEMA provides a nationwide flood hazard mapping study program for communities as well as
regulatory standards for development in the flood hazard areas.
FLOOD INSURANCE RATE MAP (FIRM) An official map of a community on which FEMA has delineated both
areas of special flood hazard and risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) An examination, evaluation, and determination of flood hazards, and, if
appropriate, corresponding water surface elevations, or an examination, evaluation and determination of
flood-related erosion hazards.
FUNCTIONALLY DEPENDENT USE A use which cannot perform its intended purpose unless it is located or
carried out in close proximity to water. The term includes only docking facilities, port facilities that are
necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities,
but does not include long-term storage or related manufacturing facilities. [US Code of Federal
Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]
HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to construction next
to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]
HISTORIC STRUCTURE Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation
programs that have been certified either: Draft Only
(1) By an approved state program as determined by the Secretary of the Interior or
(2) Directly by the Secretary of the Interior in states without approved programs.
[US Code of Federal Regulations, Title 44, Part 59]
LAND SUBJECT TO COASTAL STORM FLOWAGE Land subject to inundation caused by coastal storms up to
and including the one-hundred-year flood, surge of record, or flood of record, whichever is greater. The
one-hundred-year flood (or base flood as it is also referred to) means the flood having a one-percent
chance of being equaled or exceeded in any given year. The seaward limit is mean low water.
LOWEST FLOOR The lowest floor of the lowest enclosed areas (including basement or cellar). An unfinished
or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area
other than a basement area is not considered a building's lowest floor, provided that such enclosure is not
built so as to render the structure in violation of the applicable non-elevation design requirements of NFIP
Regulations 60.3.
MANUFACTURED HOME A structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when connected to the required
utilities. For purposes of the application of this Floodplain District Bylaw, the term "manufactured home"
also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180
consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers,
travel trailers, and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP) Is administered by the Federal Emergency Management
Agency (FEMA).
NEW CONSTRUCTION Structures for which the start of construction commenced on or after June 6, 1985
(the effective date of the first Flood Insurance Rate Map and accompanying regulations). New construction
includes work determined to be substantial improvement.
NEW MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including, at minimum, the installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed on or after the effective date of this Floodplain District
Bylaw.
ONE HUNDRED YEAR FLOOD See "base flood."
RECREATIONAL VEHICLE A vehicle which is:
(a) Built on a single chassis,
(b) 400 square feet or less when measured at the largest horizontal projection,
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use. Draft Only
(Note: Recreational Vehicles are only allowed in Brewster in licensed camping facilities)
SEA-LEVEL RISE BASE FLOOD ELEVATION (SLR-BFE) The elevation of surface water resulting from any
inundation caused by coastal storms up to and including that predicted to be caused by the 1% annual
storm for the Target Year, as defined by the best available coastal flooding model.
SPECIAL FLOOD HAZARD AREA An area having special flood and/or flood related erosion hazards, and
shown on a FIRM as Zone A, AE, VE.
START OF CONSTRUCTION The date of issuance for new construction and substantial improvements to
existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement or other improvement is within 180 days after the date of issuance. The actual start of
construction means the first placement of permanent construction of a building (including a manufactured
home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling),
the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the
erection of temporary forms or the installation of accessory buildings such as garages or sheds not
occupied as dwelling units or not part of the main building. For a substantial improvement, the actual
“start of construction” means the first alteration of any wall, ceiling, floor or other structural part of a
building, whether or not that alteration affects the external dimensions of the building. [Base Code,
Chapter 2, Section 202]
STRUCTURE For floodplain management purposes, a walled and roofed building, including a gas or liquid
storage tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE Damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before-damaged condition would equal or exceed 50% of the market value of the structure
before the damage occurred.
SUBSTANTIAL IMPROVEMENT Any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of
construction of the improvement. This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed.
SUBSTANTIAL REPAIR OF A FOUNDATION When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter along the base of the foundation
that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation,
the building official shall determine it to be substantial repair of a foundation. Applications determined by
the building official to constitute substantial repair of a foundation shall require all existing portions of the
entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]
VARIANCE A grant of relief by a community from the terms of a flood plain management regulation. [US
Code of Federal Regulations, Title 44, Part 59]
VIOLATION The failure of a structure or other development to be fully compliant with the community's
flood plain management regulations. A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in §60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), Draft Only
(e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. [US Code
of Federal Regulations, Title 44, Part 59]
ZONES
ZONE A The one-hundred-year floodplain area where the base flood elevation (BFE) has not been
determined. To determine the BFE, use the best available federal, state, local or other data.
ZONE AE The one-hundred-year floodplain where the base flood elevation has been determined.
ZONE X Areas identified in the community Flood Insurance Study as areas of moderate or minimal
flood hazard.
ZONE VE Special flood hazard areas along a coast subject to inundation by the one-hundred-year
flood with additional hazards due to velocity (wave action). Base flood elevations have been
determined.
C. Floodplain District boundaries and base flood elevation data.
(1) The Floodplain District includes all special flood hazard areas within the Town of Brewster
designated as Zone A, AE, AH, AO, A99, V or VE on the Barnstable County Flood Insurance Rate Map
(FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the
National Flood Insurance Program dated July 14, 2016. The exact boundaries of the District may be
defined by the 1% chance base flood elevations shown on the FIRM and further defined by the
Barnstable County Flood Insurance Study (FIS) report. The FIRM and FIS report are incorporated
herein by reference and are on file with the Town Clerk, Planning Board, Building Commissioner and
Conservation Commission.
(2) Base flood elevation data. Base flood elevation data is required for subdivision proposals or other
developments greater than 50 lots or five acres; whichever is the lesser, within unnumbered A
zones.
a.Within Zone A, where the base flood elevation is not provided on the FIRM, the applicant
shall cause a qualified professional to provide any existing base flood elevation data, which
data shall be reviewed by the Building Commissioner/Zoning Agent for its reasonable
utilization toward meeting the elevation or floodproofing requirements as appropriate, of
the State Building Code.
b.Through the Wetlands Protection Act, the Brewster Conservation Commission may require
any building or other structure, in the event of any substantial repair of the foundation, any
substantial improvement, or any restoration of substantial damage, the entire building or
structure shall be elevated at least two (2) feet above the SLR-BFE.
D. Use regulations.
(1) All provisions of the Code of' the Town of Brewster, Chapter 179, shall remain applicable within the
Floodplain District; provided, however, where the Floodplain District Bylaw imposes additional or
conflicting regulations, the more stringent local regulations shall prevail. All development in the
Floodplain District, including structural and nonstructural activities, whether permitted by right or
by special permit, most be in compliance with (Chapter 131, Section 40, of the Massachusetts
General Laws and with the following: Draft Only
a.Section of the Massachusetts State Building Code which addresses floodplain and coastal
high hazard areas (currently 780 CMR).
b.Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently
310 CMR 10.00).
c.Inland Wetlands Restriction, IMP (currently 310 CMR 13.00).
d.Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00).
e.Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310
CMR 15, Tile 5).
f.Brewster Wetlands Protection Bylaw (currently Chapter 172, Brewster Town Code).
g.Brewster Wetlands Conservancy District (currently Chapter 179, Article II, § 179-6, Brewster
Town Code).
(2) Any departure from the provisions and requirements of the above-referenced state or local
regulations may only be granted in accordance with the required variance procedures of these state
or local regulations. A variance from these floodplain bylaws must meet the requirements set out
by State law, and may only be granted if: 1) Good and sufficient cause and exceptional non-financial
hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary
public expense, or fraud or victimization of the public; and 3) the variance is the minimum action
necessary to afford relief.
a.The Town will request from the State Building Code Appeals Board a written and/or audible
copy of the portion of the hearing related to the variance and will maintain this record in the
community’s files.
b.The Town shall also issue a letter to the property owner regarding potential impacts to the
annual premiums for the flood insurance policy covering that property, in writing over the
signature of a community official that (i) the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the
base flood level increases risks to life and property.
c.Such notification shall be maintained with the record of all variance actions for the
referenced development in the floodplain overlay district.
E. Recommended uses. The following uses, which present low flood damage potential and are unlikely to
cause obstructions to flood flows, are encouraged, provided they are permitted in the underlying
district and do not require structures, fill, or the storage of either materials or equipment.
1.Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
2.Forestry and nursery uses. Draft Only
3.Outdoor recreational uses, including play areas, nature study, boating, fishing and hunting
where otherwise legally permitted.
4.Conservation of water, plants and wildlife.
5.Wildlife management areas, foot, bicycle, and/or horse paths and bridges provided such
uses do not affect the natural flow pattern of floodwaters or of any watercourse.
6.Temporary nonresidential structures used in connection with fishing, hunting, bird watching,
growing, harvesting, storage, or sale of crops raised on the premises.
7.Buildings and uses lawfully existing prior to the adoption of these provisions.
F. Use limitations.
1.Man-made alteration of sand dunes within Zone VE that increase potential flood damage is
prohibited.
2.All new construction within Zone VE is required to be located landward of the reach of mean
high tide.
3.All subdivision proposals shall be reviewed to assure that:
i.Such proposals minimize flood damage;
ii.All public utilities and facilities are located and constructed to minimize or eliminate
flood damage; and
iii.Adequate drainage is provided to reduce exposure to flood hazards.
4.Existing contour intervals of site and elevations of existing structures must be included on
plan proposals.
5.Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around
structures on slopes, to guide floodwaters around and away from proposed structures.
6.All recreational vehicles to be placed on a site must be:
iv.elevated and anchored in accordance with the zone’s regulations for foundation and
elevation requirements; or
v.be on the site for less than 180 consecutive days; or
vi.be fully licensed and highway ready.
G. Administration.
1.The Town Brewster requires a permit for all proposed construction or other development in the
floodplain overlay district, including new construction or changes to existing buildings, placement of
manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling,
mining, paving and any other development that might increase flooding or adversely impact flood
risks to other properties. Draft Only
2.There shall be established a routing procedure which will circulate or transmit one copy of the
development plan to the Conservation Commission, Planning Board, Board of Health, Town
Engineer and Building Commissioner for comments which will be considered by the appropriate
permitting board prior to issuing applicable permits. The proponent must obtain all local, state, and
federal permits necessary to carry out the proposed development in the floodplain overlay district
and must verify that all necessary permits have been acquired.
3.The Building Inspector shall require the applicant to cause a qualified professional to provide
records of elevation and/or floodproofing levels for new construction or substantial improvement
within the flood district.
H.Designation of community Floodplain Administrator. The Town of Brewster hereby designates the
position of Building Commissioner to be the official floodplain administrator for the Town.
I.Severability. If any provision of this section should be disapproved by the Attorney General or
invalidated by a court of competent jurisdiction, the remainder of the section shall not be affected
thereby. The invalidity of any section or sections or parts of any section or sections of this § 179-7 shall
not affect the validity of the remainder of the Town of Brewster's Zoning Bylaw.
J.Abrogation. The floodplain management regulations found in this Floodplain Overlay District section
shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
K.Liability. The degree of flood protection required by this bylaw is considered reasonable but does not
imply total flood protection.
L. Requirement to submit new technical data. If the Town acquires data that changes the base flood
elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within 6 months, notify
FEMA of these changes by submitting the technical or scientific data that supports the change(s.)
Notification shall be submitted to:
FEMA Region I Risk Analysis Branch Chief
99 High St., 6th floor, Boston, MA 02110
And copy of notification to:
Massachusetts NFIP State Coordinator
MA Dept. of Conservation & Recreation, 251 Causeway Street, Boston, MA 02110 Draft Only
Draft Only
FY 21 CONSENT AGENDA
BOARD OF SELECTMEN
4/1/21 - 6/30/21
DONATION APPROVAL LIST:
DEPARTMENT:AMOUNT:DESCRIPTION:Account #
1 Dog Park Donation from Stanton Foundation 225,000.00$ for Dog Park Design/Constructions 017-122-0034
2 Brewster Covid Relief Trust Fund Doantions 2,126.36$ Covid Relief 082-122-1284
3 Crosby Gifts & Donations 100.00$ Crosby Mansion Private Tour 017-670-1008
4 Council on Aging Donations 1,948.00$ COA General Donations 017-541-6172
5 Mill Sites & Museum Donations 100.00$ Mill Sites & Museum Donations 017-699-0483
TOTAL:229,274.36$
APPROVED:____________________________DATE:__________________________
TOWN OF BREWSTER
2298 MAIN STREET
BREWSTER,MA 02631
PHONE:(508)896-9430
WWW.BREWSTERRECREATION.COM
WWW.BREWSTER-MA.GOV
OFFICE OF
RECREATION COMMISSION
August 17, 2021
Dear Select Board members,
I am writing you today to let you know of some items that the Recreation
Department will be disposing of at the Brewster Recycle Center. Many of these
items are between 5-10 years old, used, and have no real value.
2 dozen old cotton candy cones
Sno-cone syrup (12 half used bottles)
Sugar for cotton candy
Table umbrellas (4)
Archery targets and covers (6)
Archery stands (6)
Used craft materials
Old prizes from road races
Half used paint cans (4)
Christmas wrapping materials
We also have about 100 old youth sports t-shirts that we will be donating to Good
Will.
I hope this information is sufficient. Please let me know if you need anything else
from the Recreation Department.
Thank you for your consideration,
Mike Gradone
Recreation Director
Town of Brewster
1
Public Forum:
Potential Town
Acquisition of the
Cape Cod Sea Camps
Brewster Select Board &
Brewster Town Administration
August 17, 2021
2
Forum Purpose
Provide information about:
Potential Town purchase of the Cape
Cod Sea Camps parcels for public use
Property details
Acquisition costs, financing & tax rate
impact
Possible Town partnerships
Potential future Town uses
Concerns about private development
Next steps Credit: Town of Brewster
3
The Cape Cod Sea Camps’ Legacy
Owned and operated by the Delahanty family for almost 100 years.
More than 17,000 campers attended the Sea Camps since 1922.
The Camps had a fleet of 50 boats & offered 35 activities including
waterskiing, drama, windsurfing, woodworking, marksmanship & art.
Credit: capecodseacamps.com
4
Sale of the Cape Cod Sea Camps
The Sea Camps closed in November 2020
after operating nearly 100 years as a
residential children’s camp.
The sale offers the people of Brewster an
unexpected opportunity.
The Select Board & Town Administration
have evaluated acquisition since the closing
was announced.
Town acquisition would prevent private
development and offer the public many
benefits.
Credits: Town of Brewster
5
A Rare Opportunity
Most Cape Cod parcels of this size have
been developed.
It is extremely rare for parcels as large as
these, especially with waterfront, to
become available.
An opportunity like this is unlikely to occur
again in Brewster.
Credits: Town of Brewster
The Long Pond Parcel:
Largest privately-owned parcel in Brewster & one
of the largest undeveloped parcels on Cape Cod.
The Bay Parcel:
4th largest privately-owned parcel in Brewster.
6
Overview of the Bay Parcel
Credit: capecodseacamps.com
Address 3057 Main Street, Brewster
Owner Camp Wono, Inc.
Size 54.92 acres
Parcel ID 101-45
Zoning RM (Residential Medium Density)
Zoning Old King’s Highway Historic District,
Considerations soil conservancy district & wetlands
Frontage 824 feet (on Main Street)
Shoreline ~800 feet
Buildings More than 50 cabins, cottages, dorms & other
structures
Utilities Town water, solar meets 20% of energy needs,
natural gas in some buildings, 2 back-up
generators
Credit: Town of Brewster
Credit: Town of Brewster
7
Sea Camps Bay Parcel Location
8
Sea Camps Bay Parcel Location
Route 6A
Part of the Bay parcel abuts
the Town-owned Spruce Hill
Conservation area.
9
Sea Camps Bay Parcel Facilities
Administration building
50+ cabins, cottages & dorms
Beachfront
Boathouse
Dining hall with commercial kitchen area
Olympic-sized swimming pool with swimming
pavilion
Art center
Basketball courts
9 lighted tennis courts
Fields for soccer, lacrosse, baseball, archery,
field hockey & other sports
2 outdoor theatres
Maintenance building & garage
Woodworking shop
Credit: Cape Cod Sea Camps
Credit: Keen-Summit; Phoenix Management
10
How Could Brewster Use the Bay Parcel?
New public beach & beach parking (residents only?)
Community center(s) & group meeting spaces
Expanded municipal recreation facilities: swimming
pool, tennis, basketball, outdoor theatres, basketball,
boating/sailing, playgrounds, trails
Town offices
Conservation, open space & habitat protection,
coastal resiliency
Potential partnerships to expand recreational
activities & programs
Bike trail spur from Cape Cod Rail Trail to beach
Boat moorings
Credit: Town of Brewster
Credit: Town of Brewster
www.Catalystarchitects.com
11
Overview of the Long Pond Parcel
Credits: Town of Brewster
Address 500 W.H. Besse Cartway
Owner Camp Wono, Inc.
Size 66 acres
Parcel ID 84-45
Zoning Residential Medium (RM) &
Residential Rural (RR)
Zoning About half of parcel is in Zone II
Considerations (aquifer recharge area), Brewster
Water Protection District & Natural
Resource Protection District
Frontage 765 feet (Route 137)
Shoreline ~1,200 feet
Buildings Undeveloped; equipment storage
12
Sea Camps Long Pond Parcel Location
This Sea Camps parcel abuts the Town-owned Robinson parcel.Credit: Town of Brewster
13
Sea Camps Long Pond Parcel Facilities
• The Pond parcel is largely
undeveloped
• Structures include boating
equipment storage & an office
• At 66 acres, there is
sufficient space to meet
multiple community needs.
Credits: Keen-Summit; Phoenix Management
14
How Could Brewster Use the Pond Parcel?
New public beach on Long Pond (residents only?)
Recreation activities, e.g., swimming lessons, boating,
sailing
Conservation/open space, habitat & watershed
protection
Public watercraft storage (kayak, canoe, stand-up
paddleboard)
Partnership with Brewster Conservation Trust to develop
extensive hiking/trail system of 100+ acres when
combined with adjacent Robinson property
Partnership with Massachusetts Audubon Society to
develop on-site programs
Appropriately-scaled community housing near Route 137
(partnering with Brewster Affordable Housing Trust)
Credit: Town of Brewster
Credit: Cape Cod Sea Camps Facebook
15
Would Acquiring the Sea Camps
Achieve Vision Plan Goals? Yes.
The Brewster Vision Plan “expresses the community’s preferences for how it intends to evolve socially, physically, and economically.” (2018)
Vision Plan Goals that Support Acquisition:
“We preserve our historical setting…”
“We protect our bayside coastline which defines our sense
of place and provides special recreational and economic
opportunities.”
“We seek to offer housing that is affordable to residents of
all ages and economic standing.”
“We strive to provide the infrastructure necessary to ensure that all citizens – particularly
elders and families with children – are safe, healthy and supported, so they can work, learn,
participate, and give back to the community.”
“We are committed…to improve our community and protect what we value about Brewster.”
16
Would Acquiring the Sea Camps
Achieve Vision Plan Goals? Yes.
“Provide a Community Center for all ages”
“Provide services and infrastructure for an age friendly
community…”
“Maintain and expand open space assets to provide public recreation,
protect fragile natural habitat, and protect water resources.”
“Improve public access to and expand use of recreational areas.”
“Pursue land acquisition opportunities for additional recreational
areas.”
“Expand beach access to new areas…”
“Identify techniques such as…land acquisition for retreat locations to
adapt to coastal change.”
“…identify potential locations for new facilities such as a community
pool, pickleball, volleyball and basketball courts.”
Credit: Cape Cod Sea Camps Facebook
www.Catalystarchitects.com
More Vision Plan Goals That Support Acquiring the Camps:
Credit: Town of Brewster
17
Would Acquiring the Sea Camps
Achieve Open Space Plan Goals? Yes.
Open Space & Recreation Plan Goals Aligned with Acquisition:
“Acquire & preserve lands with significant scenic, historical, cultural and/or archeological
value.
“Acquire & protect upland wooded, open field, coastal, and wetland parcels that preserve
and enhance community character.”
“Identify opportunities to connect existing open space resources with new resources
created from….open space acquisitions.”
“Protect the Town’s recreational and outdoor educational amenities that support the local
tourism economy by acquiring and preserving lands which: Abut Town beaches/landings,
provide additional public places, protect or expand…haul-out locations, and provide for
expanded or new recreational/open space facilities in areas of town that are underserved.”
“Increase public access to marine and freshwater resources.”
“Provide multi-use open space and recreation areas that can be used for a variety of uses by
people of different ages and abilities.”
Brewster Open Space & Recreation Plan provides a framework and guide for
continued conservation & recreation planning. (2020)
18
Would Acquiring the Sea Camps Achieve Coastal
Resource Management Plan Goals? Yes.
Brewster’s Coastal Resource Management Plan offers vision & policy
direction for future management of Brewster’s coastal resources. (2019)
Coastal Resource Priorities Aligned with Acquisition Include:
“Provide access for water dependent activities…”
“Maintain or enhance peak-season access to public beaches and landings.”
“Protect…visual access and sense of place threatened by changing conditions….”
Credit: Town of Brewster
19
Would Acquiring the Sea Camps Align with Brewster
Housing Production Plan Goals? Yes.
Brewster’s Housing Production Plan is the town’s strategy for planning
and creating affordable housing. (2017)
Housing Goals Aligned with Acquisition Include:
Credit: Keen-Summit; Phoenix Management
Build support for addressing housing
needs through partnerships, including
conservation groups.
Increase the variety of mixed-income
housing choices in Brewster, particularly
in or near commercial areas.
Provide at least 10% of Brewster’s year-
round housing units as affordable
housing to meet local and regional
needs.
20
Would Acquiring the Sea Camps Align with the
State Heritage Landscape Inventory? Yes.
Heritage Landscapes are:
“Special places created by human interaction with the natural environment
that help define the character of a community and reflect its past.”
The Inventory Classified the Cape Cod Sea Camps Bay Parcel as Threatened
“Subdivision of this land would greatly impact the scenic view along Main
Street as well as the view from Cape Cod Bay.”
The Massachusetts Heritage Landscape Inventory identifies
threats to heritage landscapes. (2009)
Credit: Keen-Summit; Phoenix Management
21
Select Board’s Due Diligence: November 2020 –June 2021
The Select Board:
Met 26 times in Executive Session through June 23 (when bids were due)
to evaluate if acquisition of the Sea Camps should be pursued and what
the lowest cost and most expeditious strategy would be; meetings have
continued since then.
Consulted with Town Counsel on legal options and requirements.
Hired an appraiser who worked with local expert consultants.
Authorized Town Administrator to conduct confidential meetings to
gather information.
Acquired title research and found no impediments.
Conducted site visits to both parcels.
Recognizing a rare opportunity for the Town, the Select Board
conducted a 7-month analysis of the Sea Camps parcels.
22
Sea Camps Property Appraisals
The Sea Camps were appraised for the Town of Brewster by a certified general
real estate appraiser.
Local land use experts consulted with the appraiser.
Credits: Keen-Summit; Phoenix Management
Bay Parcel Appraisal: $15,215,000 Pond Parcel Appraisal: $4,200,000
23
Assessed Versus Appraised Value
Real estate assessed values are different from appraised values:
Assessed value: A value assigned only for property tax purposes based
on current uses and recent market history; it does not reflect what a
property would be likely to sell for.
Appraised value: What a buyer might expect to pay for a property
based on its highest and best use; reflects analysis of many factors
including regulations affecting how property uses could be maximized.
Camp Parcel Assessed Value Appraised Value
Bay Parcel $8,760,000 $15,215,000
Pond Parcel $1,150,000 $4,200,000
24
Town Bids on the Sea Camps Properties
The sellers:
Invited bids on both parcels to be submitted by June 23, 2021.
No listing price was offered.
The Town followed the prescribed process & submitted these bids:
Long Pond Parcel: $4,200,000
Bay Parcel: $15,215,000
The Town’s bids were:
Contingent on Town Meeting authorizations & a local ballot vote.
Based on our appraisals and other information.
An effort to acquire the Sea Camps at the lowest cost through a
negotiated agreement.
At the Select Board’s direction, the Town submitted bids
on both Sea Camps parcels.
25
Long Pond Parcel Acquisition:
Town Financing Plan
Financing Plan
Proposed Financing Plan for $4.2 Million Long Pond Acquisition
Brewster Water Commissioners: $250,000
Free Cash and/or CPA funding Up to $1.5 million
Measures to Reduce Town Costs
Conceptual Partnerships
Brewster Conservation Trust: $1.5 million
Massachusetts Audubon Society: $1 million
Potential Grant Funding
State LAND grant (up to $400,000) and/or
Federal Land/Water grant (up to $750,000)
Credits: Town of Brewster
26
Long Pond Parcel Acquisition:
Impact on Brewster’s Tax Rate
The Town would issue debt only for financing purposes for the Long Pond
Parcel (likely for a 5-year term).
This would cover the period the Town would be receiving
contributions from potential partners.
Projected impact on a property tax bill: $0
Credit: Keen-Summit; Phoenix Management
27
Bay Parcel Acquisition:
Town Financing Plan
Financing Plan
Proposed Financing Plan for $15,215,000 Million Acquisition
Debt exclusion: $15,215,000
Measures to Reduce Town Costs
Private Donation(s)$750,000+
Potential Partnerships
Massachusetts Audubon Society: $1 million
Credits: Keen-Summit; Phoenix Management
28
Bay Parcel Acquisition:
Impact on Brewster’s Tax Rate
Tax Rate Implications of Acquisition
Projected impact on tax rate: $.20 per $1,000 assessed property value
Brewster median home value: $461,500
Projected impact on median home tax bill: $90/year*
* Based on 25-year, level debt term & $461,500 current median single family residential home value
Credits: Town of Brewster
29
Potential Actions That Could Reduce Town
Costs or Generate Revenue
Potential Partnerships
Brewster Conservation Trust
Massachusetts Audubon Society
Trustees of Reservations
YMCA
Others
Private Donors
Potential Revenue Generation
Conservation Grants
Credit: Town of Brewster
30
If the Town Is Unable to Negotiate a Sale
The Town’s primary focus has been to negotiate a sale with the
sellers – this would likely be the least expensive path to
acquisition.
The Town made carefully-considered offers.
We have communicated our desire to continue negotiating.
However, negotiations have stalled.
Because this potential acquisition is so significant to the future
of the Town, the Select Board is offering Brewster voters the
option to acquire the Sea Camps by eminent domain.
31
What is Eminent Domain?
A right given to Massachusetts
municipalities, and other
governments, to acquire property for
a public purpose.
Voters must authorize the Select
Board to carry out an eminent
domain action.
Property owners receive fair
market value compensation.
1975 Brewster Eminent Domain Order
32
Eminent Domain Has Shaped Brewster As We Know It Today
Public landings/beaches
Land for golf courses
Land to establish a public water supply off Freeman’s Way
Land to construct schools and housing
Conservation areas including Quivet Creek parcel
“The Egg” park (next to Brewster Store)
A recreational camp on Walker’s Pond
Brewster has used eminent domain at least 31 times from
1918 to 2007 to acquire significant properties for public use
including:
Brewster has also used eminent domain hundreds of times for
smaller road & drainage projects.
33
Examples of Brewster’s Use of Eminent Domain
Paines Creek
(Annual Town Meeting, Mar. 1949)
Brewster acquired at least 6 beaches by eminent domain.Credit: www.youtube.com/watch?v=-IUHYOvPrEUCrosby Landing
(Annual Town Meeting, Mar. 1960)
Ellis Landing
(Annual Town Meeting, Mar. 1960)
Linnell Landing
(Annual Town Meeting, Mar. 1958)
Fisherman’s Landing
(Annual Town Meeting, Mar. 1957)
Saints Landing
(Selectmen vote, Jan. 1918)Credit: Town of BrewsterCredit: Flickr.comCredit: Realtor.comCredit: Realtor.comCredit: Town of Brewster
34
Examples of Brewster’s Use of Eminent Domain
Brewster Special Town Meeting
(Apr. 1961) approved using
eminent domain to acquire
Wing’s Island
Purpose: “a public beach and
recreational area for public use.”
123 acres was acquired.
Credit: Cape Cod Museum of Natural History
Brewster acquired Wing’s Island by eminent domain.
35
Examples of Brewster’s Use of Eminent Domain
Brewster Annual Town Meeting (May 1983) approved the use of eminent domain to acquire land for a town golf course.
Purpose of the acquisition: “Municipal recreational use including a municipal golf course”.
Voters approved a $400,000 appropriation.
Brewster acquired land for Captains Golf Courses by eminent domain.
Credit: captainsgolfcourse.com
36
Examples of Brewster’s Use of Eminent Domain
Brewster Special Town Meeting
(May 1987):
Voters approved 4 eminent
domain warrant articles for 566
acres.
Voters approved a total
appropriation of $5,512,215.
Purpose of acquisition:
“Conservation and preservation
of natural resources”
Brewster acquired much of the Punkhorn Parklands by eminent
domain, including:
37
Examples of Brewster’s Use of Eminent Domain
Brewster Special Town Meeting
(Aug. 1975):
Voters approved eminent
domain to acquire 51 acres.
Purpose of acquisition:
“Educational use”
Brewster acquired land by eminent domain to build the Eddy and
Stony Brook Schools.
Credit: nausetschools.org.com
38
Requirements for Brewster to Acquire the
Sea Camps by Eminent Domain
Acquisition must be for a “public purpose.”
Property must be clearly identified.
Title research is required.
Town Meeting must authorize eminent domain & appropriate funds.
Property inspection is required.
Just compensation must be provided to the seller.
39
Steps That Follow Town Meeting
Authorization of Eminent Domain
•Select Board Adopts the Order of Taking: The Select Board, when authorized by Town Meeting, votes for and signs an “Order of Taking.”
•Order of Taking is Recorded: The Order is recorded by the Barnstable County Registrar of Deeds
•Once recorded the Town acquires title to the property.
•Recording gives former owner the right to be compensated for the property.
•Notice of Taking: The Town must give written notice of the Order of Taking to the owner within 60 days and to any others with an interest in the property (like a bank holding a mortgage).
40
Fair Compensation for the Former Owner
The Town:
Must provide fair compensation to the former owners.
Will use its carefully prepared appraisals, local expert consultation,
and other information to determine a fair compensation amount.
The Former Owner May Appeal
The former owner has 3 years from the recording to appeal the (1)
validity or (2) compensation amount paid by the Town.
Appeals are filed in Superior Court and a jury would hear the case.
The jury can confirm the amount paid by the Town or order a
different amount.
If a higher award were made, the additional funds would need to
be approved by Brewster voters at another Town Meeting.
41
What if the Town Doesn’t Buy
the Bay Parcel?
The Bay parcel is in the Residential-Medium (RM) Zoning District.
Uses allowed with a special permit include:
Cluster, major residential or planned residential development
Subsidized elderly housing, cemetery, large scale ground-mounted solar,
assisted living, bed & breakfast, lodging house
Uses allowed without special permit include:
Church, educational use, non-profit recreation, Town building except
equipment garage, children’s camp, golf or other club
The Bay parcel could be privately developed –
with or without subdivision.
42
What if the Town Doesn’t Buy
the Long Pond Parcel?
The parcel is in the Residential Rural (RR) & Residential Medium (RM)
zoning district.
RR rules apply to entire parcel unless Special Permit applies.
Located in Zone II/Water Protection District; subject to Water Quality
Protection District regulations.
Uses allowed with a special permit include:
Cluster development, major residential residential development,
educational use.
Uses allowed without special permit include:
Church, non-profit recreational facility, Town building
The Long Pond parcel could be privately developed –
with or without subdivision.
43
Would a Future Residential Camp Be Viable?
Recent trends indicate a future residential camp may not be viable
here.
The Sea Camps failed after decades of success, wonderful locations & a huge
alumni base.
The Sea Camps apparently experienced financial stress even before COVID.
Tuition for 7-week session in 2019 was $11,995
Enrollment declined since about 2015 (according to former Sea Camps
administrative staff)
The sellers auctioned the camp’s goods & equipment in 2021.
Restarting a residential camp would be more difficult & expensive.
Operating a residential camp on these properties would be difficult to
sustain and would prevent public access to the properties during
peak summer months.
44
Other Regulations Affecting Development
Cape Cod Commission Review
Development of any parcel in Barnstable County larger than
30 acres triggers Cape Cod Commission “Development of
Regional Impact (DRI) review.”
Both Sea Camps parcels would be subject to DRI review.
These regulations would limit to some extent the scope of
development but would not block it.
The only way to fully control development on the Sea Camps
is for the people of Brewster to acquire the parcels.
The Cape Cod Commission is the Cape’s regional land use
and planning agency.
45
Recent Example of Proposed Cape Cod Development
A developer recently proposed a 312-unit apartment complex with 468 parking
spaces on the 40-acre former Twin Brooks Golf Course in Hyannis.
Though Cape Cod Commission & local regulations limit private development to
some extent, these type of intensive uses may still be permitted on parcels of
this size.
Credit: Savetwinbrooks.orgCredit: Steve Heaslip/Cape Cod Times
46
LaSalette Seminary sold ~48 acres north of Route 6A in Brewster to a developer for
$1.5 million in 1975.
Property had 2 historic structures, several outbuildings & ~1,100 feet of beach.
The Town had the opportunity to acquire the property but declined.
The property was developed into Ocean Edge Resort by 1982.
LaSalette Seminary:
A Property Brewster Did Not Acquire
Boston Globe, May 30, 1976, p. 111 Cjhospitality.com
47
In 2019, Brewster voters purchased the 42-
acre Robinson property on Long Pond for
$1,750,000.
Before the Town’s acquisition, a plan for a
24-lot cluster subdivision demonstrated how
the parcel could be developed.
Brewster’s purchase forever preserved the
parcel for watershed protection,
conservation & passive recreation.
The Robinson property is adjacent to the
northwest of the Sea Camps Pond parcel.
Robinson parcel appears in grey.
The Robinson Property: A Brewster
Acquisition That Prevented Development
48
Next Steps: Special Town Meeting & Special Town Election
Credit: Keen-Summit; Phoenix Management
Special Town Meeting – Saturday, September 25
Brewster voters will determine if the Town will acquire one or both Sea
Camps properties for public use.
Special Election/Ballot Questions – Tuesday, October 5
A special election will be held shortly after Town Meeting, with ballot
questions asking voters to authorize debt exclusion funding.
Credit: Town of Brewster
49
Overview: September 25 Special Town
Meeting Warrant Articles
Warrant Article 1: 500 W. H. Besse Cartway (Pond Parcel) Acquisition 2/3 Majority Vote
To see if the Town will authorize the Select Board to acquire, by purchase, gift, and/or eminent
domain, the parcel of land identified as the Cape Cod Sea Camps Long Pond parcel for public
purposes including habitat protection, watershed protection, open space, conservation,
recreation, community housing and or general municipal purposes.
Authorize the Town to raise, appropriate or borrow the sum required.
Authorize a debt exclusion from Proposition 2 ½ subject to local election vote.
Warrant Article 2: 3057 Main Street (Bay Parcel) Acquisition 2/3 Majority Vote
To see if the Town will authorize the Select Board to acquire, by purchase, gift, and/or eminent
domain, the parcel of land identified as the Cape Cod Sea Camps Bay parcel for public purposes
including habitat protection, watershed protection, open space, conservation, recreation,
community housing, a community center, and or general municipal purposes.
Authorize the Town to raise, appropriate or borrow the sum required.
Authorize a debt exclusion from Proposition 2 ½ subject to local election vote.
Warrant Article 3: Operating Expenses Simple Majority Vote
To see if the Town will authorize the use of $200,000 from free cash for operating expenses.
50
Special Election Ballot Questions
• Two debt exclusion questions will be presented to Brewster voters at a
Special Election on October 5, 2021.
• To acquire each parcel, Brewster voters must approve both an
appropriation and a debt exclusion.
• Proposition 2 1/2 limits the amount of increased debt a municipality can
add in a certain year; a debt exclusion authorized by voters allows a
municipality to take on more debt temporarily for a specific project.
• The ballot questions require simple majority votes to pass.
51
If We Acquire Them…What Happens Next?
SHORT TERM, the Town will:
Insure properties.
Arrange property management and security
to care for and protect the Town’s
investment.
Determine public access to the properties
while future uses are considered.
LONGER TERM, the Town will:
Facilitate a public engagement process to
inform how the properties will be used.Credit: Town of Brewster
If the Town acquires one or both Sea Camps parcels:
52
Possible Town Priorities forCape Cod Sea Camps Uses
New Beaches
The Bay parcel would add a large beach & offer parking well back from the water.
The Pond parcel beach is in a quiet corner of busy Long Pond.
Creation of a Community Center: Bay parcel buildings might house activities in the short
term while a plan to establish a multigenerational facility is developed.
Expanded Active Recreation: E.g., tennis, pickleball, basketball, athletic fields &
swimming pool.
Expanded Passive Recreation: Interconnections with abutting Town-owned properties
(Spruce Hill & Robinson parcel)
Conservation/open space protection; habitat & watershed protection
Housing: Appropriately-scaled community housing
A Master Plan for each parcel, informed by public engagement, would
require Town Meeting approval to move forward.
53
Town Leadership Wants Brewster
Voters to Be Fully Informed
A Town webpage offers information about these potential acquisitions.
www.brewster-ma.gov/cape-cod-sea-camps-properties
Print information is available at Town Hall & the Brewster Ladies Library.
The Town Warrant will contain voter information.
A video/drone tour of the properties will be available.
FAQs will provide answers to
common questions.
Press releases will continue to be
posted with updates & news.
Reverse 911 calls will alert voters to
critical information and dates.
54
Questions & Answers
Credit: Town of Brewster
55
Credit: Town of Brewster
The Town of Brewster thanks you for taking part in this public forum.
WHAT’S FOR SALE & WHY SHOULD THE TOWN ACQUIRE IT?
What is for sale? Two Cape Cod Sea Camps properties are for sale:
The Bay parcel: 55-acre parcel with frontage on Main Street (Route 6A) with
~800 feet of Cape Cod bay shoreline.
The Long Pond parcel: 66-acre parcel with frontage on Long Pond Road
(Route 137) and ~1,200 feet of Long Pond shoreline.
Why is the Town interested in
acquiring the Sea Camps?
Acquiring the Sea Camps would give the Town control of two of the largest
undeveloped properties in town, both with significant waterfront. It would prevent
private development of the properties and would offer Brewster residents
numerous benefits.
What are the potential benefits
for the Town?
The two Sea Camps properties offer opportunities for substantial public benefits
including:
conservation of land, coastal dunes, and wetlands
habitat and drinking water protection
beach access and parking
a home for a community center
extensive recreational amenities
potential for appropriately sized housing
ability to determine the future of the properties
Are others interested in buying
the Sea Camps?
Yes, the Town has confirmed other parties have submitted bids to buy the Sea
Camps including at least 2 major developers.
Who decides if the Town buys
one or both Sea Camps
properties?
Brewster voters have the authority to decide if the Town buys the Sea Camps
properties. To acquire these properties, Brewster voters will need to approve the
acquisitions at Special Town Meeting in September and approve debt exclusions
at the ballot in a special Town election in October.
ABOUT THE SEA CAMPS PROPERTIES
What buildings are on the Bay
parcel?
The Bay parcel has more than 50 cottages, cabins and dorms that were used to
house campers and staff; most are not winterized. The Bay parcel also has a new
arts center and boathouse as well as a dining hall with a commercial kitchen, an
infirmary and an administration building. There is a garage and maintenance
building onsite.
What buildings are on the
Long Pond parcel?
There are several small boating equipment storage buildings on the Long Pond
parcel; it is otherwise undeveloped.
What recreation facilities are
on the Bay parcel?
The Bay parcel offers these recreation facilities:
Beachfront (~800 feet)
Boathouse
Olympic-sized outdoor swimming pool
Art center with ceramics studio
Basketball courts
9 lighted tennis courts
Fields for soccer, lacrosse, baseball, archery, field hockey, & other sports
2 outdoor theatres
Woodworking shop
What recreation facilities are
on the Long Pond parcel?
The Long Pond parcel has these recreation facilities:
1,200 feet of pond shoreline
66 acres of undeveloped land with the potential for an extensive trail system
A. FAQS ABOUT THE CAPE COD SEA CAMPS SALE
Credits: Keen-
Summit Capital
Partners,
Phoenix
Management
THE SELECT BOARD’S ROLE
How long has the Select Board
and Town Administration been
working on this?
Recognizing a rare opportunity, the Select Board and Town
Administration began to explore a possible acquisition as soon as the
Sea Camps announced their impending closure and sale in November
2020.
The Select Board convened in executive session to protect the interests
of Brewster taxpayers and has met nearly 40 times on this matter.
The Board confidentially conducted research into a possible acquisition
in an effort to attempt to negotiate an agreement with the sellers which is
likely to be the lowest cost real estate transaction.
Why did the Select Board meet so
many times in Executive Session?
The Select Board conducted extensive research and analysis to determine if
acquiring the Sea Camps would be feasible, beneficial, and aligned with the
Town’s values. Specific activities included:
Title research
Appraisals of both properties.
Zoning and potential development scenarios.
Cape Cod Commission and local regulations.
Legal aspects
What has been the Select Board’s
goal?
The Select Board’s overarching goal was to identify and pursue the lowest
cost and most expeditious route to a potential acquisition.
What are the roles of the Select
Board and voters in this matter?
The Select Board is responsible for determining if a possible acquisition
should be brought to Town Meeting and for negotiating the terms of an
acquisition, subject to voter approval.
Brewster voters will make the decision about whether to acquire the Sea
Camps properties.
SPECIAL TOWN MEETING & THE SPECIAL ELECTION
When is Brewster’s Special Town
Meeting?
Special Town Meeting to consider acquisition of the Sea Camps for
public use will be held on September 25, 2021, at 10AM on the Stony
Brook field.
What is the purpose of the Special
Town Meeting?
Brewster voters will decide if the Town should acquire one or both Sea
Camps parcels.
When is the Special Election? A special election will be held on October 5 from 7AM to 8PM at the
Brewster Baptist Church.
What is the purpose of the Special
Election?
On the ballot, Brewster voters will be asked if they approve debt
exclusions to finance the costs of acquiring one or both properties.
B. FAQS ABOUT SEA CAMPS SPECIAL TOWN MEETING, SPECIAL ELECTION & ROLE OF
THE BREWSTER SELECT BOARD
Credits: Cape Cod Fieldtrips.com; Keen-Summit Capital Partners, Phoenix Management
DEVELOPMENT & ZONING
Can the Sea Camps
properties be developed?
Yes. Though there are certain limits on the extent of development, both can be
developed.
What zoning areas are
the properties in?
The Bay parcel is in Residential Medium (RM) zoning. About a third of the
parcel is in the Old King’s Highway Historic District.
The Pond parcel is in both the Residential Rural (RR) and Residential Medium
(RM) zoning districts. About half of the Pond parcel is in Brewster’s public
drinking water protection district known as Zone II and is in the Natural
Resources Protection District.
How could the Bay parcel
be developed?
Cluster development, major residential development, planned development,
church, educational uses, and others. See Brewster’s zoning table of uses (Ch.
179-11) for all possible uses.
How could the Pond
parcel be developed?
Cluster development, major residential development, church, non-profit
recreational facilities, and others. See Brewster’s zoning table of uses (Ch. 179-
11) for all possible uses.
What role would the Cape
Cod Commission have in
regulating future
development of the Sea
Camps properties?
Because each Sea Camps property is larger than 30 acres, their size would trigger
a Cape Cod Commission regulatory process called Development of Regional
Impact (DRI). The Cape Cod Commission Act charges the Cape Cod Commission
with reviewing certain proposed developments which, because of size or other
characteristics, are presumed to have development effects beyond their local area.
FUTURE USES OF THE SEA CAMPS
How could the Town use
the Bay parcel?
Possible uses of the Bay parcel could include:
New public beach (potential resident-only) & beach parking
Community center and group meeting spaces
Municipal recreation facilities: athletic fields, swimming pool, tennis/pickleball,
basketball, outdoor theatres, boating/sailing, playground, trails
Town offices
Conservation land, open space & habitat protection, & coastal resiliency –
conservation restriction on portion of property
Potential partnerships to expand recreational activities & programs
Public watercraft storage (kayak, canoe, SUP)
Bike trail spur from Cape Cod Rail Trail to beach
How could the Town use
the Long Pond parcel?
Possible uses of the Long Pond parcel would include:
New public beach (potential resident-only) and beach parking
Recreation Department activities, e.g., swimming lessons, boating, & sailing
Conservation land, open space & habitat protection, & watershed protection –
conservation restriction on majority of property
Public watercraft storage (kayak, canoe, SUP)
Potential partnerships with other agencies to manage open space and develop
on-site programs
Appropriately scaled affordable housing off Long Pond Road (Route 137) in
partnership with Brewster Affordable Housing Trust
C. FAQS ABOUT DEVELOPMENT, ZONING & POSSIBLE FUTURE USES OF THE
CAPE COD SEA CAMPS
Credits: Cape Cod Sea Camps Facebook; Keen-Summit Capital Partners, Phoenix Management; Town of Brewster
COSTS & FINANCING
How much were the two
properties appraised for?
The Town hired a professional appraiser to appraise the market value
of both Sea Camps properties. Because the parcels are unusual in
their size and waterfront locations, local land use and conservation
experts consulted during the appraisal process to verify the accuracy of
the appraisal analysis.
The Bay parcel was appraised at $15,215,000 and the Pond parcel
was appraised at $4,200,000.
Are the ASSESSED property
values the same as APPRAISED
values?
No, assessed property values are used only for property tax purposes
utilizing current uses and data from previous fiscal years. The appraised
value is based on analysis of the property and reflects what a buyer might
expect to pay for one if it is on the current market.
What were the listing prices for
the CCSC properties?
The sellers did not identify listing prices; they only invited confidential bids
from interested parties.
Why did the Town bid on the
properties?
The sellers set out a process for parties interested in buying the Sea
Camps which the Town followed in an effort to negotiate a sale with the
sellers.
How much did the Town of
Brewster bid for the properties?
The Town submitted bids on June 23, 2021 of $15,215,000 for the Bay
parcel and $4,200,00 for the Pond parcel.
How will acquiring the Sea
Camps affect my taxes?
The Long Pond acquisition will require a debt exclusion for financing
purposes only and would have no impact on resident tax bills. The
projected impact of acquiring the Bay parcel on Brewster’s tax rate would
be 20 cents per $1,000 of assessed property value. For the FY21 median
home value of $461,500, the Bay parcel debt would increase annual
property bills by about $90 for the next 25 years.
Are there other parties interested
in working with the Town and
making contributions toward the
properties’ costs?
The Town has been in communication with several possible partners and
other interested parties to create relationships that could reduce the costs
of acquisition to Brewster taxpayers. For the Long Pond acquisition, the
Brewster Conservation Trust has offered $1.5 million, Massachusetts
Audubon has offered $1 million, and the Brewster Water Commissioners
voted to make a $250,000 contribution from available funds over a 5-year
period. For the Bay parcel, Massachusetts Audubon has pledged $1
million and an anonymous private donor has offered $750,000.
What happens if the Town is not
the winning bidder on the
properties?
The public has the opportunity to use eminent domain to acquire important
properties for public purposes. If the Town is unable to negotiate a sale,
which is the priority, Brewster voters can authorize the Town to proceed
with eminent domain and acquire them through a legal process. The
owners would be compensated at fair market value through this process.
D. FAQS ABOUT COSTS & FINANCING A POSSIBLE ACQUISITION OF THE
CAPE COD SEA CAMPS
Credits: Town of Brewster; Keen-Summit Capital Partners, Phoenix Management
EMINENT DOMAIN
What is eminent domain? Eminent domain is a legal right given to municipalities and other
governments to acquire property for public use.
Why use eminent domain in
this case?
The Town may not be the winning bidder in this matter. The Select
Board believes Brewster voters deserve the opportunity to decide the
future of these parcels – and the possibility of eminent domain ensures
that the Town isn’t precluded from competing with private developers
to acquire these or similar properties. Eminent domain gives a local
government, working on behalf of its residents, the chance to acquire
property for public benefit.
Has the Town used eminent
domain before?
Yes, Brewster has used eminent domain at least 31 times to acquire
major properties like public beach and hundreds of times for small
acquisitions needed for road improvements. These acquisitions
through this process have fundamentally shaped the Town.
What has the Town of Brewster
acquired by eminent domain?
Our first eminent domain acquisition appears to have been Saint’s
Landing beach in 1918 and the most recent was about 56 acres off
Slough Road for watershed protection and recreation in 2007. Other
eminent domain acquisitions include:
At least 6 public beaches including Crosby, Fisherman’s Landing,
Ellis Landing, and Paines Creek.
Land for Captains Golf Courses
Land for Eddy and Stony Brook schools
Land to establish and protect our drinking water supply
Land for conservation including the Punkhorn parklands.
What are the risks of using
eminent domain to acquire the
Sea Camps?
Eminent domain consists of a legal process that may end in a jury trial.
The jury would hear evidence about the value of the property and then
determine the amount that the Town would have to pay the sellers.
This might be higher than an amount reached through a negotiated
agreement. Since the sellers have recently received multiple bids on
these properties, the acquisition costs would be informed by those
amounts, thereby limiting the Town’s potential financial exposure.
E. FAQS ABOUT USING EMINENT DOMAIN TO ACQUIRE THE CAPE COD SEA CAMPS
FOR PUBLIC USE
Credits: Town of Brewster; Keen-Summit Capital Partners, Phoenix Management
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96191227v.2
CCSC Articles – Special Town Meeting (09.25.21)
Article 1 - 500 W.H. Besse Cartway
To see if the Town will authorize the Select Board to acquire, by purchase, gift, and/or eminent
domain, the parcel of land with the improvements thereon located at 500 W.H. Besse Cartway,
Brewster, containing 66 acres, more or less, shown on Assessors Map 84 as Parcel 45, and
described in a deed recorded with the Barnstable Registry of Deeds in Book 1388, Page 1185, for
habitat protection, watershed protection, open space, conservation and passive recreation, active
recreation, community housing, and/or general municipal purposes, and for the purpose of
granting conservation easements and/or restrictions on such portions of the property that the
Select Board may determine to provide for habitat protection, watershed protection, open space,
conservation and passive recreation purposes, and to raise and appropriate, transfer from
available funds, and/or borrow a sum to fund the foregoing acquisition and the payment of all
costs incidental or related thereto; provided, however, that the appropriation authorized
hereunder shall be contingent upon approval by the voters of a ballot question to exclude the
amounts to pay for any bonds or notes authorized for this purpose from the provisions of
Proposition 2½, so called, and to authorize the Select Board to convey the foregoing
conservation easements and/or restrictions to charitable corporations or trusts whose purposes
include conservation of land or water areas on such terms and conditions as the Select Board
deems appropriate, and, further, to authorize the Select Board and/or its designee to apply for,
accept and expend any state and/or federal grants and/or loans or other public or private funds
that may be available for the foregoing purposes and to take any and all actions and execute any
and all documents necessary or convenient to accomplish the foregoing purposes; or take any
other action in relation thereto.
Motion 1 – 500 W.H. Besse Cartway
That the Select Board is authorized to acquire, by purchase, gift, and/or eminent domain, the
parcel of land with the improvements thereon located at 500 W.H. Besse Cartway, Brewster,
containing 66 acres, more or less, shown on Assessors Map 84 as Parcel 45, and described in a
deed recorded with the Barnstable Registry of Deeds in Book 1388, Page 1185, for habitat
protection, watershed protection, open space, conservation and passive recreation, active
recreation, community housing, and/or general municipal purposes, and for the purpose of
granting conservation easements and/or restrictions on such portions of the property that the
Select Board may determine to provide for habitat protection, watershed protection, open space,
conservation and passive recreation purposes; that $4,200,000 is appropriated to pay costs of the
foregoing acquisition, including the payment of all costs incidental or related thereto, and that to
meet this appropriation, $250,000 shall be transferred from water system retained earnings,
$1,500,000 shall be transferred from [Free Cash][Community Preservation Act Funds], and the
Treasurer, with the approval of the Select Board, is authorized to borrow $2,450,000 under and
pursuant to G.L. c. 44, §7(1) or pursuant to any other enabling authority, and to issue bonds or
notes of the Town therefor; provided, however, that the appropriation authorized hereunder shall
be contingent upon approval by the voters of a ballot question to exclude the amounts to pay for
any bonds or notes authorized for this purpose from the provisions of Proposition 2½, so called,
and to authorize the Select Board to convey the foregoing conservation easements and/or
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restrictions to charitable corporations or trusts whose purposes include conservation of land or
water areas on such terms and conditions as the Select Board deems appropriate, and, further, to
authorize the Select Board and/or its designee to apply for, accept and expend any state and/or
federal grants and/or loans or other public or private funds that may be available for the
foregoing purposes, which amounts shall reduce the amount of the total borrowing authorized for
this purpose, and to take any and all actions and execute any and all documents necessary or
convenient to accomplish the foregoing purposes. Any premium received upon the sale of any
bonds or notes approved by this vote, less any such premium applied to the payment of the costs
of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote
in accordance with G.L. c. 44, §20, thereby reducing the amount authorized to be borrowed to
pay such costs by a like amount.
Ballot Question
Shall the Town of Brewster be allowed to exempt from the provisions of proposition two and
one-half, so-called, the amounts required to pay for the bond issued in order to acquire some or
all of the parcel of land with the improvements located at 500 W.H. Besse Cartway, Brewster,
containing 66 acres, more or less, shown on Assessors Map 84 as Parcel 45, and described in a
deed recorded with the Barnstable Registry of Deeds in Book 1388, Page 1185, for habitat
protection, watershed protection, open space, conservation and passive recreation, active
recreation, community housing and/or general municipal purposes, and for the purpose of
granting conservation easements and/or restrictions on such portions of the property as the Select
Board may determine to provide for habitat protection, watershed protection, open space,
conservation and passive recreation purposes?
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Article 2 - 3057 Main Street
That the Select Board is authorized to acquire, by purchase, gift, and/or eminent domain, the
parcel of land with the improvements thereon located at 3057 Main Street, Brewster, containing
54.7 acres, more or less, shown on Assessors Map 101 as Parcel 45, and described in a deed
recorded with the Barnstable Registry of Deeds in Book 1388, Page 1188 (excluding therefrom
the parcel shown on Assessors Map 101 as Parcel 46) and in Certificate of Title No. 30242, for
habitat protection, watershed protection, open space, conservation and passive recreation, active
recreation, community housing, community center and/or general municipal purposes, and for
the purpose of granting conservation easements and/or restrictions on such portions of the
property that the Select Board may determine to provide for habitat protection, watershed
protection, open space, conservation and passive recreation purposes, and to raise and
appropriate, transfer from available funds, and/or borrow a sum to fund the foregoing acquisition
and all costs incidental or related thereto; provided, however, that the appropriation authorized
hereunder shall be contingent upon approval by the voters of a ballot question to exclude the
amounts to pay for any bonds or notes authorized for this purpose from the provisions of
Proposition 2½, so called, and to authorize the Select Board to convey the foregoing
conservation easements and/or restrictions to charitable corporations or trusts whose purposes
include conservation of land or water areas on such terms and conditions as the Select Board
deems appropriate, and, further, to authorize the Select Board and/or its designee to apply for,
accept and expend any state and/or federal grants and/or loans or other public or private funds
that may be available for the foregoing purposes and to take any and all actions and execute any
and all documents necessary or convenient to accomplish the foregoing purposes; or take any
other action in relation thereto.
Motion 2 - 3057 Main Street
To see if the Town will authorize the Select Board to acquire, by purchase, gift, and/or eminent
domain, the parcel of land with the improvements thereon located at 3057 Main Street, Brewster,
containing 54.7 acres, more or less, shown on Assessors Map 101 as Parcel 45, and described in
a deed recorded with the Barnstable Registry of Deeds in Book 1388, Page 1188 (excluding
therefrom the parcel shown on Assessors Map 101 as Parcel 46) and in Certificate of Title No.
30242, for habitat protection, watershed protection, open space, conservation and passive
recreation, active recreation, community housing, community center and/or general municipal
purposes, and for the purpose of granting conservation easements and/or restrictions on such
portions of the property that the Select Board may determine to provide for habitat protection,
watershed protection, open space, conservation and passive recreation purposes; that
$15,215,000 is appropriated to pay costs of the foregoing acquisition, including the payment of
all costs incidental or related thereto, and that to meet this appropriation, the Treasurer, with the
approval of the Select Board, is authorized to borrow said amount under and pursuant to G.L. c.
44, §7(1) or pursuant to any other enabling authority, and to issue bonds or notes of the Town
therefor; provided, however, that the appropriation authorized hereunder shall be contingent
upon approval by the voters of a ballot question to exclude the amounts to pay for any bonds or
notes authorized for this purpose from the provisions of Proposition 2½, so called, and to
authorize the Select Board to convey the foregoing conservation easements and/or restrictions to
charitable corporations or trusts whose purposes include conservation of land or water areas on
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such terms and conditions as the Select Board deems appropriate, and, further, to authorize the
Select Board and/or its designee to apply for, accept and expend any state and/or federal grants
and/or loans or other public or private funds that may be available for the foregoing purposes,
which amounts shall reduce the amount of the total borrowing authorized for this purpose, and
to take any and all actions and execute any and all documents necessary or convenient to
accomplish the foregoing purposes. Any premium received upon the sale of any bonds or notes
approved by this vote, less any such premium applied to the payment of the costs of issuance of
such bonds or notes, may be applied to the payment of costs approved by this vote in accordance
with G.L. c. 44, §20, thereby reducing the amount authorized to be borrowed to pay such costs
by a like amount.
Ballot Question
Shall the Town of Brewster be allowed to exempt from the provisions of proposition two and
one-half, so-called, the amounts required to pay for the bond issued in order to acquire some or
all of the parcel of land with the improvements located at 3057 Main Street, Brewster, containing
54.7 acres, more or less, shown on Assessors Map 101 as Parcel 45, and described in a deed
recorded with the Barnstable Registry of Deeds in Book 1388, Page 1188 (excluding therefrom
the parcel shown on Assessors Map 101 as Parcel 46) and in Certificate of Title No. 30242, for
habitat protection, watershed protection, open space, conservation and passive recreation, active
recreation, community housing and/or general municipal purposes, and for the purpose of
granting conservation easements and/or restrictions on such portions of the property that the
Select Board may determine to provide for habitat protection, watershed protection, open space,
conservation and passive recreation purposes?
Article 3 - Maintenance and Upkeep of Properties
To see if the Town will vote to transfer from free cash the sum of $200,000 to pay costs
associated with the maintenance, security, operations, repair and/or rehabilitation of the parcels
of land and the improvements thereon located at 3057 Main Street and 500 W.H. Besse Cartway,
with said moneys to be expended under the direction of the Select Board; or take any other
action in relation thereto.
Motion 3- Maintenance and Upkeep of Properties
That $200,000 shall be transferred from free cash to pay costs associated with the maintenance,
security, operations, repair and/or rehabilitation of the parcels of land and the improvements
thereon located at 3057 Main Street and 500 W.H. Besse Cartway, with said moneys to be
expended under the direction of the Select Board.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
TO: Select Board
FROM: Peter Lombardi, Town Administrator
RE: IAFF Local 3763 FY22-23 Tentative Agreement
DATE: August 20, 2021
The Town and Fire union have tentatively agreed to the following contract terms. The
Fire union voted in support of this agreement last week. If the Select Board approves
this new contract, we will the place an article on the warrant for Special Town Meeting
approval in November. All compensation elements agreed to will be retroactive to July
1, 2021, subject to approval by Town Meeting.
1. 2 Year Term (FY22-23 – July 1, 2021 through June 30, 2023)
2. Incorporate terms of Fire Academy & Training MOA approved by union & Town
in January 2021
3. Amend Article 33 Shift Coverage for Extended Leave as follows (changes in
red and strikethrough):
A. If a person goes out on unplanned injury or extended medical
leave the following procedure will be used (more than two weeks):
1. Shift Personnel.
a. For the first two four work weeks, the shift
coverage will be done strictly by the card system.
(A tour is now defined as two day shifts and two
night shifts in a row.) A work week will be defined
as stated in Article 11 Section 2 of the CBA.
b. For the next two tours, the day shifts will first be
covered by any call paramedic. If there are less
than two firefighter/apparatus driver/EMT on duty,
then the shift has to be filled with a person that is
at a minimum a firefighter/apparatus driver/
paramedic (on weekends you only need one
firefighter/apparatus driver/EMT). If this cannot be
accomplished, then you have to go back to the
card system. The night shifts during this time will be
Office of:
Select Board
Town Administrator
covered by the card system.
c. After four tours weeks of duty, the Chief can hire a
temporary full time firefighter/ paramedic or EMT
to fill the shift. If the person is not an apparatus
driver, they have to be trained immediately. If a
firefighter/paramedic cannot be found, then the
Chief shall give first choice to the day personnel by
seniority to fill the shift and hire a temporary full
time firefighter/EMT to fill the day shifts. (Has to
become an apparatus driver immediately.)
2. Day Shift Personnel.
a. Day shift personnel on medical or injury leave will be
covered by the card system for the first four weeks and
then by a temporary full time firefighter/Paramedic or
EMT (Has to become an apparatus driver immediately).
B. If a person goes out on maternity leave or any planned
extended leave, then the Chief can hire a temporary full time
Firefighter/ Paramedic or EMT (Has to become an apparatus driver
immediately)employee that fits above qualifications in 1.A.b. and
1.A.c. to start the first day of the planned leave.
4. Amend Article 34 General Coverage of Shifts as follows (changes in red
and strikethrough):
Once the Chief or his designee has determined that a shift vacancy will
be filled, the following policy shall apply:
For SICK or EMERGENCY time off, start the process as soon as notified.
(Less than 48 hours' notice.)
For PLANNED TIME OFF (more than 48 hours' notice). If it is a day or
night shift, start the process at 1900 hours two days before the shift coverage is
needed. Example: Wednesday day/night shift would be filled Monday evening
at 1900 hours.
1. Take the first career card and call the person on the phone. If
person answers, then go to the appropriate part of step 2. If no answer,
then use pager/alpha page to notify and put a page out using the Full
Department and pager tones and announce that you are looking for shift
coverage, and announce the name on the card. f'To all personnel, we will
be looking for shift coverage at this time and would (name) please
call the station.") Then go to step 2.
2A. Person answers and says, "Yes". If the person does call in and
states he/she can take the shift, then mark the card with the shift
date and yea and put the card on the bottom on the career pile.
Then make an announcement that the coverage has been filled
on the radio (no tones) and stop.
2B. No answer to page or person answers page, but says "No".
After 10 minutes with no response or if person does call, but
refuses the shift coverage, then mark the card with the shift date
and "No" and leave the card where it is in the pile. Then go to step
3.
3. Take the next card in the career pile and phone that person. If the
person answers, then go to appropriate part of step 2. If no
answer, leave a message.if possible and just announce with no
tones for that person to call the station and go to the appropriate
part of step 2.
4. If there is no success with the career people, then page with tones
for a call firefighter/EMT to call the station for shift coverage
(specify shift) and
take the highest qualified person that calls within the next ten (10)
minutes. Then announce on the radio "shift coverage has been
filled".
If the shift to be filled is a paramedic shift Monday through Friday
day and both EMT drivers are working, then a Call Paramedic is
offered the shift before a firefighter/EMT driver is. If the shift is a
weekend day shift when a full apparatus driver is working, then the
Call Paramedic is also offered the shift first.
If no call personnel can work the shift, a second try through the
career cards and with acceptance of the shift, that person's card
will got to the top.
If no shift coverage and/or if a mandatory holdover is decided on,
the holdover person's card will go to the top.
In order to prevent Quadruple shifts, the Chief has the right to
order a member in to work.
A separate order in card system shall be used based on career
seniority to start. If a member is ordered in that person's card will
go to the bottom of the cards. The member will be compensated
their normal time and one half (1 ½) and their career overtime card
will be moved to the top.
Subject to the needs of the Department and the discretion of the
Chief, the Chief will endeavor to maintain the current staffing
policies.
5. If any career or call personnel know they will be unavailable when
a shift will be covered, they can leave a note on the shift cards or
in the shift coverage slot that they will take the shift if it gets to their
name.
If the coverage is less than one half (1/2) of a shift, then try to get
coverage from the people you will be relieving. If unsuccessful,
then any career person, then any firefighter/Paramedic or EMT.
Do not use the cards for this.
NOTE: Should a career or call person accept an overtime shift and
then for any reason not be able to work that shift, it shall be
considered a shift worked and that person's card will remain where
it has already been moved due to the taking of the shift, at the
bottom of the order. The shift shall then be opened to the people
in the card order. No sick leave shall be charged to a person who
fails to fill a shift he/she has accepted and then is unable to work
due to illness.
6. Administrative Assistant Shift Coverage:
The Fire Chief shall maintain the ability to make all
determinations regarding the coverage of the Administrative
Assistant position. During the weekdays when the Administrative
Assistant is on an approved full shift
(8) hours of leave time and the staffing for the shift is below
minimum, the Fire Chief may assign anyone outside the
bargaining to cover the position.
5. Add new Section 11 to Article 27 Miscellaneous to read as follows:
“Fire Station Coverage. It is recognized that adequate fire department
station coverage is essential in providing efficient and effective fire
suppression and EMS services to the community and ensuring the
safety and wellbeing of firefighters operating at emergency incidents. To
ensure the department meets these commitments the following protocol
shall be utilized during instances requiring station coverage.
a. No member shall be considered relieved of duty at the
completion of their shift or coverage assignment unless staffing
levels that meet station coverage minimum requirements are
present at the fire station.
6. Add new Section 12 to Article 27 Miscellaneous to read as follows:
“Pregnant On Duty. When a female employee becomes pregnant at her
discretion and timing she should furnish the Fire Chief with
documentation from her physician stating the approximate date of her
delivery. To best address the health and safety of the female employee,
unborn child, and co-workers, this notification should usually be made
no later than the end of the first trimester. The female employee may
continue to work as long as her physician determines she is medically fit
to perform the duties of her job. The pregnant employee will not be
required to work in any IDLH (Immediately Dangerous to Life or Health)
atmospheres but may continue to perform any duties at those incidents
of which she is capable. Reasonable accommodations will be made to
enable the pregnant employee to continue to work in her assigned
capacity while protecting the safety of the employee, the unborn child,
and her co-workers.
At the point in the pregnancy when the employee’s physician
determines the pregnant employee can no longer safely perform the
duties of the job, the employee shall be reassigned to a pregnancy duty
assignment within the Fire Department consistent with her medical and
physical limitations. These duties will be based on the individual
capacities of the employee, the employee’s ability to perform specific
duties, the needs of the Fire Department and the safety of the employee
and the unborn child. Employees working on pregnancy duty
assignment shall not be included shift coverage calculations.”
7. See attached correspondence and related proposed policy regarding
MassHealth’s annual CORI requirement.
8. Amend wage and classification schedule as follows (details in Appendix
2 – see attached):
a. FY22 COLA – 2.0%
b. FY23 COLA – 2.75%
c. Increase Step 1 FF to $24.99/hour effective FY22 (inclusive of
2% COLA)
d. Decrease total number of steps from 11 to 9 (top step reached in
9 years instead of 15)
e. Increase increment between steps from 2.65% to 3.25%
f. Increase rank differential between Lieutenants and Captains by
3%, from 2% (current) to 5% (proposed)
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9
$51,979 $53,669 $55,413 $57,214 $59,073 $60,993 $62,975 $65,022 $67,135
Cola Adj 102.0% $24.99 $25.80 $26.64 $27.51 $28.40 $29.32 $30.28 $31.26 $32.28
Step Adj.103.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%
$54,578 $56,352 $58,183 $60,074 $62,027 $64,043 $66,124 $68,273 $70,492
Cola Adj 102.0% $24.99 $25.80 $26.64 $27.51 $28.40 $29.32 $30.28 $31.26 $32.28
Step Adj.103.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%
$57,177 $59,035 $60,954 $62,935 $64,980 $67,092 $69,273 $71,524 $73,849
Cola Adj 102.0%$27.49 $28.38 $29.30 $30.26 $31.24 $32.26 $33.30 $34.39 $35.50
Step Adj.103.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%
$60,036 $61,987 $64,002 $66,082 $68,229 $70,447 $72,736 $75,100 $77,541
Cola Adj 102.0%$27.49 $28.38 $29.30 $30.26 $31.24 $32.26 $33.30 $34.39 $35.50
Step Adj.103.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%
$61,128 $63,114 $65,165 $67,283 $69,470 $71,728 $74,059 $76,466 $78,951
Cola Adj 102.0%$27.99 $28.90 $29.84 $30.81 $31.81 $32.84 $33.91 $35.01 $36.15
Step Adj.103.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%
$62,219 $64,241 $66,329 $68,485 $70,711 $73,009 $75,381 $77,831 $80,361
Cola Adj 102.0%$28.49 $29.41 $30.37 $31.36 $32.38 $33.43 $34.52 $35.64 $36.80
Step Adj.103.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%
$64,948 $67,059 $69,238 $71,488 $73,812 $76,211 $78,688 $81,245 $83,885
Cola Adj 102.0%$29.74 $30.70 $31.70 $32.73 $33.80 $34.90 $36.03 $37.20 $38.41
Step Adj.103.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%
$66,040 $68,186 $70,402 $72,690 $75,052 $77,492 $80,010 $82,610 $85,295
Cola Adj 102.0%$30.24 $31.22 $32.24 $33.28 $34.36 $35.48 $36.63 $37.83 $39.05
Step Adj.103.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%
E) Captain / EMT (42hr/wk)
(19% increase over base FF rate)
F) Captain/Medic (42 hr/wk)
(21% increase over base FF rate)
Appendix 2 / Wage & Classification Schedule
FISCAL YEAR 2022 (2% COLA)
B) Firefighter/Medic (42 hr/wk)
(10% increase over base FF rate)
C) Lieutenant/EMT (42 hr/wk)
(12% increase over base FF rate)
D) Lieutenant/Medic (42 hr/wk)
(14% increase over base FF rate)
A) Firefighter/EMT (40 hr/wk)
A) Firefighter/EMT (42 hr/wk)
B) Firefighter/Medic (40 hr/wk)
(10% increase over base FF rate)
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9
$53,414 $55,150 $56,943 $58,793 $60,704 $62,677 $64,714 $66,817 $68,989
Cola Adj 102.75% $25.68 $26.51 $27.38 $28.27 $29.18 $30.13 $31.11 $32.12 $33.17
Step Adj.103.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%
$56,085 $57,908 $59,790 $61,733 $63,739 $65,811 $67,950 $70,158 $72,438
Cola Adj 102.75% $25.68 $26.51 $27.38 $28.27 $29.18 $30.13 $31.11 $32.12 $33.17
Step Adj.103.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%
$58,756 $60,665 $62,637 $64,673 $66,775 $68,945 $71,185 $73,499 $75,888
Cola Adj 102.75%$28.25 $29.17 $30.11 $31.09 $32.10 $33.15 $34.22 $35.34 $36.48
Step Adj.103.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%
$61,694 $63,699 $65,769 $67,906 $70,113 $72,392 $74,745 $77,174 $79,682
Cola Adj 102.75%$28.25 $29.17 $30.11 $31.09 $32.10 $33.15 $34.22 $35.34 $36.48
Step Adj.103.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%
$62,815 $64,857 $66,965 $69,141 $71,388 $73,708 $76,104 $78,577 $81,131
Cola Adj 102.75%$28.76 $29.70 $30.66 $31.66 $32.69 $33.75 $34.85 $35.98 $37.15
Step Adj.103.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%
$63,937 $66,015 $68,160 $70,376 $72,663 $75,024 $77,463 $79,980 $82,580
Cola Adj 102.75%$29.28 $30.23 $31.21 $32.22 $33.27 $34.35 $35.47 $36.62 $37.81
Step Adj.103.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%
$66,741 $68,910 $71,150 $73,462 $75,850 $78,315 $80,860 $83,488 $86,202
Cola Adj 102.75%$30.56 $31.55 $32.58 $33.64 $34.73 $35.86 $37.02 $38.23 $39.47
Step Adj.103.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%
$67,863 $70,069 $72,346 $74,697 $77,125 $79,631 $82,219 $84,891 $87,650
Cola Adj 102.75%$31.07 $32.08 $33.13 $34.20 $35.31 $36.46 $37.65 $38.87 $40.13
Step Adj.103.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%3.25%
E) Captain / EMT (42hr/wk)
(19% increase over base FF rate)
F) Captain/Medic (42 hr/wk)
(21% increase over base FF rate)
B) Firefighter/Medic (42 hr/wk)
(10% increase over base FF rate)
C) Lieutenant/EMT (42 hr/wk)
(12% increase over base FF rate)
D) Lieutenant/Medic (42 hr/wk)
(14% increase over base FF rate)
(10% increase over base FF rate)
Appendix 2 / Wage & Classification Schedule
FISCAL YEAR 2023 (2.75% COLA)
A) Firefighter/EMT (40 hr/wk)
A) Firefighter/EMT (42 hr/wk)
B) Firefighter/Medic (40 hr/wk)
29th Day of March, 2021
Doc ID: ca041b865dba78c0608a7a43ad5d18ac99ce612b
Doc ID: ca041b865dba78c0608a7a43ad5d18ac99ce612b
Doc ID: ca041b865dba78c0608a7a43ad5d18ac99ce612b
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Fire Side Letter Agreement
4. Fire Academy S...reement 01.21.pdf
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Sent for signature to Mary Chaffee
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(dwhitney@brewster-ma.gov), Cindy Bingham
(cbingham@brewster-ma.gov), Ben deRuyter
(bderuyter@brewster-ma.gov) and Ned Chatelain
(nchatelain@brewster-ma.gov) from ryoung@brewster-ma.gov
IP: 131.109.131.20
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12:53:03 UTC
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IP: 73.167.234.228
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Fire Side Letter Agreement
4. Fire Academy S...reement 01.21.pdf
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Fire Side Letter Agreement
4. Fire Academy S...reement 01.21.pdf
ca041b865dba78c0608a7a43ad5d18ac99ce612b
MM / DD / YYYY
Completed
2352801_1
To: President Daniel Kimball, IAFF Local 3763
From: Peter Lombardi, Town Administrator
Robert Moran, Fire Chief
Date: February 21, 2020
RE: Annual CORI Checks
Dear Local 3763 Members:
The Town of Brewster is in the process of Medicaid Revalidation by the Commonwealth
of Massachusetts Executive Office of Health and Human Services Office of Medicaid. The
Town of Brewster in its capacity of providing ALS ambulance service is a transportation
provider for MassHealth members and its EMTs and Paramedics have the potential for
unsupervised contact with MassHealth members.
By correspondence dated February 18, 2020, a copy of which is enclosed, the Town has
been advised that the Affordable Care Act requires a review by MassHealth of all providers.
Please note that among the required documents to be produced by the Town is proof of annual
Criminal Offender Record Information (CORI) checks on all employees. The Town has
conducted CORI checks at the time of hire for all EMTs and Paramedics. It will now be required
to conduct annual CORI checks in order to satisfy the requirements of MassHealth.
Set forth below and highlighted for your convenience is the section from the Code of
Massachusetts Regulations, 130 CMR 407.000: TRANSPORTATION SERVICES that requires
the annual CORI check.
407.405: Provider Eligibility: In-state
(B) The provider must ensure that applicants and employees whose positions entail the
potential for unsupervised contact with MassHealth members including, but not limited
to, drivers and attendants, provide written references and undergo a Criminal Offender
Record Information (CORI) check before any contact with a MassHealth member. The
provider must ensure that all new employees whose positions entail the potential for
unsupervised contact with MassHealth members, including but not limited to drivers and
attendants, undergo a CORI check prior to employment. The provider must ensure that
all existing employees whose positions entail the potential for unsupervised contact
with MassHealth members, including but not limited to drivers and attendants,
undergo a CORI check annually to recertify their eligibility for their position. The
CORI must be in compliance with guidelines that the Executive Office of Health and
2352801_1
Human Services may issue. The CORI must remain on file at the transportation
provider's place of business.
The Town is prepared to meet and bargain with Local 3673 over the impact of the
requirement of annual CORI checks. Please advise of your availability to meet but note that time
is of the essence since the Town must satisfy the requirement of annual CORI checks and
respond to MassHeatlh by April 2, 2020
Brewster Fire Department Operational Policy
SUBJECT: Criminal Offender Records Inquiry (CORI)
S.O.P.
XXXXX
PAGE 1 of 3
CATEGORY: Personnel SUBCATEGORY:
APPROVED BY: EFFECTIVE DATE: 04/29/20
ROBERT G. MORAN, CHIEF OF DEPARTMENT
ADDITIONAL MATERIALS:
PURPOSE:
Criminal Offender Record Information (CORI) history checks are required components of mandatory
background checks for all current and new employees, volunteers, interns, and for licensure of specific
positions.
SCOPE:
This policy applies to all uniformed and civilian fire department personnel, as well as prospective
employees, volunteers and interns.
RESPONSIBILITY: All uniformed and civilian personnel are responsible to comply with this policy. The
Fire Chief, Deputy Fire Chief, Town Human Resource Manager, and IAFF Local 3763 shall be
responsible to ensure compliance.
ADOPTED STANDARD:
Conducting a CORI Check:
CORI checks will only be conducted as authorized by the Department of Criminal Justice Information
Services (DCJIS) and MGL Chapter 6, Section 172, and only after a CORI Acknowledgment Form has
been completed.
If a new CORI check is to be made on a subject within a year of his/her signing of the CORI
Acknowledgment Form, the subject shall be given seventy-two (72) hours’ notice that a new CORI
check will be conducted.
Initial Hire: All personnel initially hired by the Brewster Fire Department will be
required to undergo a CORI check under Standard Access provisions. All volunteers
and interns shall also undergo this process.
Annual: All personnel employed by the Brewster Fire Department are required to
undergo annual CORI checks under Open Access provisions after one-year of
employment. All volunteers and interns shall also undergo this process.
*See Appendix “A” for Definitions of Open and Standard Access
Access to CORI:
All CORI obtained from the DCJIS is confidential, and access to the information must be limited to
those individuals that have a “need to know”. This may include, but not be limited to the Town of
STANDARD:
Criminal Offender Records
Inquiry (CORI)
EFFECTIVE DATE: 04/29/20 S.O.P. PAGE
XXXX 2 of 3
Brewster Human Resource Manager, Town Administrator, Fire Chief, and Deputy Fire Chief. The
Human Resource Manager shall maintain and keep a current list of individuals authorized to have
access to, or view CORI records.
CORI Training:
An informed review of a criminal record requires training. Accordingly, all personnel authorized to
review or access CORI shall review and be familiar with the educational and relevant training materials
regarding CORI laws and regulations made available by the DCJIS.
The Fire Chief and the Human Resource Manager shall have the sole authority to conduct CORI
checks for the Brewster Fire Department. The Fire Chief and/or Human Resource Manager will notify
the President of Brewster Firefighters Local 3763 prior to conducting annual CORI checks on full-time
union employees. Access to the CORI report is limited to the Fire Chief, Deputy Fire Chief, Human
Resource Manager, and Town Administrator only.
Use of CORI History in Background Screening:
CORI used for employment purposes shall only be accessed for applicants who are otherwise qualified
for the position for which they have applied.
Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant.
Rather, determinations of suitability based on background checks will be made consistent with this
policy and any applicable laws or regulations.
Verifying Identity:
If a criminal record is received from the DCJIS, the information is to be closely compared with the
information on the CORI Acknowledgement Form and any other identifying information provided by the
applicant to ensure the record belongs to the applicant.
If the information in the CORI record provided does not exactly match the identification information
provided by the applicant, a determination shall be made by the Fire Chief and Human Resource
Manager based on a comparison of the CORI record and documents provided by the applicant.
Disclosure of CORI Information:
In connection with any decision regarding employment, volunteer or intern opportunities, or professional
licensing, the employee or subject shall be provided with a copy of the criminal history record, whether
obtained from the DCJIS or from any other source, prior to questioning the subject about his/her
criminal history. The source(s) of the criminal history record is also to be disclosed to the subject.
Determining Suitability:
If a determination is made, based on the information as provided that the criminal record belongs to the
subject, and the subject does not dispute the records accuracy, then the determination of suitability for
the position or license will be made by the Fire Chief, HR Manager, and Town Administrator. Unless
otherwise provided by law, factors considered in determining suitability may include, but not be limited
to the following:
Relevance of the record to the position sought;
STANDARD:
Criminal Offender Records
Inquiry (CORI)
EFFECTIVE DATE: 04/29/20 S.O.P. PAGE
XXXXX 3 of 3
The nature of the work to be performed;
Time since the conviction;
Age of the candidate at the time of the offense;
Seriousness and specific circumstances of the offense;
The number of offenses;
Whether the applicant has pending charges;
Any relevant evidence of rehabilitation, or lack thereof; and
Any other relevant information, including information submitted by the
candidate or requested by the organization.
Adverse Decisions Based on CORI History:
If an authorized official is inclined to make an adverse decision based on the results of a criminal
history background check, the applicant will be notified immediately. The subject shall be provided with
a copy of the organization’s CORI policy and a copy of the criminal history. The source(s) of the
criminal history will also be revealed. The subject will then be provided with an opportunity to dispute
the accuracy of the CORI record. Subjects shall also be provided a copy of DCJIS’ Information
Concerning the Process for Correcting a Criminal Record.
Disciplinary Process:
In the event an adverse decision is made against the employee the Town reserves the right, based on
the degree of the offense to take disciplinary and/or administrative action against the employee up to
and including termination. The disciplinary process shall follow all contractually agreed upon sections
provided in the current agreement with Brewster Permanent Firefighters IAFF Local 3763.
Dissemination Logs
All CORI obtained from the DCJIS is confidential and can only be disseminated as authorized by law
and regulation. A central dissemination log shall be used to record any dissemination of CORI outside
of the Town of Brewster including dissemination at the request of the subject. The Town Human
Resource Manager shall be responsible for this log.
FYI ITEMS (MAIL) August 23, 2021
1. Quarterly report from April 1- June 30, 2021, all Weights & Measures
activity
2. Elder Services meal statistics for the 3rd & 4th Q of FY21
3. Volunteer resignation, Joan Carstanjen, Veterans of Brewster plaques
and placements.
4. Serenity Apartments at Brewster Opening Celebration postponed
5. Extension of 90-day review period of Article 25 Brewster Annual Town
Meeting of May 15, 2021, Case #10110
6. Brewster Annual Town Meeting of May 15, 2021- Case #10110 Warrant
Articles #23 and 25 (General)
7. Prim Update Quarter (2) 2021
8. Letter from the Recycle Commission to local businesses re: single use
plastic water bottle ban
9. Moderator appointment to the Finance Committee
10. Moderator appointment to the Audit Committee
11. Moderator appointment to the CC Technical School Committee
Archive d: Friday, August 13, 2021 9:43:42 AM
From: Donna Kalinick
Se nt: Fri, 13 Aug 2021 13:15:14 +0000Authentication
To: Ben Friedman; Erika Mawn
Cc: Tammi Mason; Sherrie McCullough; Jill Scalise
Subje ct: RE: Temporary Food Permit questions
Se ns itivity: Normal
Thanks Ben, a di ffi cul t but good deci si on. We will have a lot to celebrate whe n Phase II ope ns. We wi l l let our committe e s know. Donna
Donna J. Kalinick
Assi stant Town Admi ni strator
Town of Brewster
508-896-3701 X1130
Begi nni ng July 6th, Brewster Town Offi ces will be open to the publ i c Tue sday, We dne sday, and Thursday from 8:30 to 4:00pm. Be ach and Re cycle Pe rmits are
not avai l able i n person but can be purchased online or through our mai l -in program. For the l atest updates on Town se rvi ce s, please vi si t www.bre wste r-
ma.gov
From: Be n Friedman <bfri e dman@el evationfinanci algroup.com>
Sent: Thursday, August 12, 2021 5:46 PM
To: Erika Mawn <e mawn@brewster-ma.gov>; Donna Kal i ni ck <dkalinick@bre wste r-ma.gov>
Cc: Tammi Mason <tmason@brewster-ma.gov>; Sherrie McCul l ough <smccullough@bre wste r-ma.gov>
Subject: RE: Temporary Food Permit questions
Thanks for this i nformati on, Erika.
Afte r consul ting wi th l e aders from the Town of Brewster and the Bre wste r Chamber of Commerce, we have decided to postpone our ope ni ng ce l e bration for
Se renity at Bre wste r to protect the health and wellbeing of our re si de nts, staff, and neighbors.
It is our i ntenti on to safely and comfortably celebrate this e l e gant ne w se ni or apartme nt communi ty when Phase II of Se renity at Bre wste r i s complete d next
summer, and we hope that you will joi n us then.
Thank you for your understandi ng.
Ben
From: Eri ka Mawn <emawn@brewster-ma.gov>
Sent: Wednesday, August 11, 2021 4:01 PM
To: Ben Fri e dman <bfriedman@elevati onfinancial group.com>; Donna Kal i ni ck <dkalinick@bre wster-ma.gov>
Cc: Tammi Mason <tmason@brewster-ma.gov>; Sherrie McCul l ough <smccullough@bre wste r-ma.gov>
Subject: RE: Temporary Food Permit questions
Hi Ben,
Thanks for reachi ng out, I am happy to answer your que stions he re, pl e ase know that we wi l l work wi th you along the way to make sure we have e verythi ng
needed for your e vent.
The 2-we e k de adline i s for us to manage the many re que sts for the se types of e vents we re ce i ve on a regular basis. These applications must be pre se nted to
the Board at one of their re gular scheduled meetings, whi ch the y have twice pe r month. So, thi s ti me frame allows us to make sure we can place the eve nt
on the age nda. The next meeting is the 23rd, so we have ti me to work wi th you to get al l needed permits in place for the Board to re view and vote on.
I apologi ze that thi s was not mentioned in earlier conversati ons, it wasn’t unti l I receive d the appl i cati ons and reviewed them, that i t tri gge red me to re que st
the food permi t. Afte r spe aki ng with Sherri (copied i n) i t i s a re qui red pe rmit for food safe ty handl i ng. Please note that the Temp food pe rmit is a generi c
form and we do re alize that not everything on the form wi l l pertai n to your e vent, I would suggest for any questions dire ctly re garding the permi t you spe ak
dire ctly wi th the Board of Health.
Whi l e our offices cl ose today at 4pm, we will be ope n agai n at 830am tomorrow, pl e ase revi e w the form or complete to the be st of your abi l i ty and the n
contact the Board of Heal th for addi tional questions, they can be reache d at (508) 896-3701 x1120.
Thank you,
Erika
Erika Mawn
Executi ve As s i s ta nt to the Town Admi ni s tra tor
2198 Ma i n Street Brews ter, MA 02631
(508) 896-3701 ext. 1100
www.brews ter-ma .gov
Beginning July 6th, Brewster Town Offices will be open to the public Tuesday, Wednesday, and Thursday from 8:30 to 4:00pm. Beach and Recycle Permits are not
available in person but can be purchased online or through our mail-in program.
For the latest updates on Town services, please visit www.brewster-ma.gov
From: Be n Friedman <bfri edman@elevationfinanci algroup.com>
Sent: Wednesday, August 11, 2021 2:47 PM
To: Erika Mawn <e mawn@brewster-ma.gov>; Donna Kal i ni ck <dkalinick@bre wste r-ma.gov>
Cc: Tammi Mason <tmason@brewster-ma.gov>; Sherrie McCul l ough <smccullough@bre wster-ma.gov>
Subject: Temporary Food Permit questions
Erika and Donna,
Dawn forwarde d me this message from this morni ng about another permi t we ne e d for our ribbon cutting and I have a fe w que stions about it.
Fi rst, it says i t ne e ds to be submi tted at least 2 weeks before the e vent, whi ch for our e vent, is today. It also refere nce s another $30 fe e . Whe n we have to cut
a check, we have to print it in Orlando and mail i t up, so there ’s just no way we can do that immediately. Is this ti me frame flex i bl e ? We would l i kely not be
abl e to submit thi s form and the additional fee unti l nex t week.
Al so, I’m confused about the appl i cability here. Si nce thi s was ne ver menti one d in any of our previous conversations with the town about permi ts we would
need for thi s eve nt, I’m hoping maybe we don’t ri se to the leve l whe re i t i s re qui red. Our pl an i s to have wine and cheese, charcuteri e board, and cake . We
do not pl an to se rve a ful l meal , and no hot food at all. Is thi s sti l l re qui red for that leve l of food?
The appl i cati on al so re ferences a required certif i cati on for food safe ty and al l e rge n awareness, which we do not have . I’m not sure how we can sati sfy that
re qui rement. If we use a l ocal caterer for this, is that a way to sati sfy the se re qui rements? Can we si mply hire a local catere r and assume they meet al l the
re qui rements for the town’s regulations?
Please let me know as soon as possible so we can prope rly plan for this e vent to celebrate wi th town leaders. Addi tional l y, pl e ase feel fre e to cal l me any
ti me if I can answe r any questi ons and help achi e ve a sati sfactory result for the town.
Thanks so much,
Ben
Ben Friedman, Esq.
Director of Public Affairs
He/ Him/ His
E leva tion Financial Group, LLC
201 E ast Pine Street, Suite 200
O rla ndo, Florida 32801
www.elev ationfinancialgroup.com
407-2 1 5 -1350 (Main)
904-5 0 1 -2800 (Mobile)
THE COMMONWEALTH OF MASSACHUSETTS
OFFICE OF THE ATTORNEY GENERAL
CENTRAL MASSACHUSETTS DIVISION
10 MECHANIC STREET, SUITE 301
WORCESTER, MA 01608
(508) 792-7600
(508) 795-1991 fax
www.mass.gov/ago
August 4, 2021
Jonathan Silverstein, Esq.
KP Law
101 Arch Street
Boston, MA 02110
Re: Extension of 90-day review period of Article 25
Brewster Annual Town Meeting of May 15, 2021
Case # 10110
Dear Attorney Silverstein:
Pursuant to the requirements of G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of
2000, the Attorney General and Town Counsel are authorized to extend the 90-day period provided
for the Attorney General’s review of town by-laws for not more than an additional 90 days. This
letter serves to satisfy the requirements of G.L. c. 40, § 32, as amended. In light of our need for time
to further discuss the proposed by-law’s consistency with state law, we hereby jointly agree to extend
the Attorney General’s review period of Article 25 for an additional 60 days. Our decision on Article
25 will now be due on October 17, 2021.
Please sign this letter to reflect your agreement and return the signed letter to us. We will
then file the letter with the Town Clerk, with a copy to you. Thank you for your accommodation in
this matter.
Very truly yours,
MAURA HEALEY
ATTORNEY GENERAL
Nicole B. Caprioli
By: Nicole B. Caprioli
Assistant Attorney General
Municipal Law Unit
10 Mechanic Street, Suite 301
Worcester, MA 01608
(508) 792-7600 ext. 4418
Jonathan Silverstein / nbc August 6, 2021
Town Counsel Date
THE COMMONWEALTH OF MASSACHUSETTS
OFFICE OF THE ATTORNEY GENERAL
CENTRAL MASSACHUSETTS DIVISION
10 MECHANIC STREET, SUITE 301
WORCESTER, MA 01608
(508) 792-7600
(508) 795-1991 fax
www.mass.gov/ago
August 6, 2021
Colette M. Williams, Town Clerk
Town of Brewster
2198 Main Street
Brewster, MA 02631
Re: Brewster Annual Town Meeting of May 15, 2021 -- Case # 10110
Warrant Articles # 23 and 25 (General)
Dear Ms. Williams:
Article 23 - We approve Article 23 from the May 15, 2021 Brewster Annual Town
Meeting.
Article 25 – The Attorney General’s deadline for a decision on Article 25 is extended for
sixty days under the authority conferred by G.L. c. 40, § 32, as amended by Chapter 299 of the
Acts of 2000. The agreement with Town Counsel for the sixty-day extension is attached hereto.
We will issue our decision on Article 25 on or before October 17, 2021.
Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless the Town
has first satisfied the posting/publishing requirements of that statute. Once this statutory
duty is fulfilled, (1) general by-laws and amendments take effect on the date these posting
and publishing requirements are satisfied unless a later effective date is prescribed in the
by-law, and (2) zoning by-laws and amendments are deemed to have taken effect from the
date they were approved by the Town Meeting, unless a later effective date is prescribed in
the by-law.
Very truly yours,
MAURA HEALEY
ATTORNEY GENERAL
Nicole B. Caprioli
By: Nicole B. Caprioli
Assistant Attorney General
Municipal Law Unit
10 Mechanic Street, Suite 301
Worcester, MA 01608
(508) 792-7600 ext. 4418
cc: Town Counsel Jonathan Silverstein
NAV $ (000)Target Allocation RangeActual Allocation % Month FY '22Calendar YTD 1 Year 3 Year 5 Year 10 YearSince InceptionGLOBAL EQUITY41,169,128 34 - 44% 42.6% 0.71 0.71 14.02 36.52 13.63 14.18 10.62 7.40 CORE FIXED INCOME14,937,974 12 - 18% 15.5% 2.28 2.28 0.11 -1.24 7.96 3.53 5.04 7.29VALUE ADDED FIXED INCOME *6,612,740 5 - 11% 6.8% 0.61 0.61 7.13 16.00 6.75 6.86 5.40 7.95 PRIVATE EQUITY *13,707,126 11 - 17% 14.2% -0.13 -0.13 32.43 71.53 28.83 25.85 20.79 16.00REAL ESTATE *7,991,372 7 - 13% 8.3% 1.04 1.04 12.10 17.19 8.06 7.83 10.06 6.81TIMBERLAND *2,783,120 1 - 7% 2.9% -0.29 -0.29 4.28 7.17 2.52 4.58 4.96 7.99PORTFOLIO COMPLETION STRATEGIES *7,700,867 7 - 13% 8.0% -0.06 -0.06 6.97 14.30 3.38 4.934.53 4.46OVERLAY1,576,916 0.0% 1.6% 0.10 0.10 4.91 14.97 8.04 6.46 6.16TOTAL CORE96,547,901 100% 100% 0.75 0.75 12.35 27.09 12.02 11.53 9.639.690.53 0.53 11.20 25.04 11.76 11.06 8.99 10.03TOTAL CORE BENCHMARK (using private equity and private debt benchmark) 20.70 0.70 7.96 18.11 9.88 9.64 8.01 9.75PARTICIPANTS CASH 252,772 0.01 0.01 0.04 0.09 1.30 1.28 0.73 3.53TEACHERS' AND EMPLOYEES' CASH47,593 0.01 0.01 0.04 0.09 1.28 1.27 0.72 2.38 TOTAL FUND96,848,266 0.75 0.75 12.32 27.00 11.99 11.50 9.60 9.73PENSION RESERVES INVESTMENT TRUST* Certain Value-Added Fixed Income investments, Private Equity, certain Real Estate investments, Timberland, and certain Portfolio Completion Strategy investments are valued only at calendar quarter ends (March 31, June 30, September 30, and December 31).Periods Ending July 31, 2021*RATES OF RETURN (GROSS OF FEES)SUMMARY OF PLAN PERFORMANCEIMPLEMENTATION BENCHMARK (using short term private equity benchmark and private debt returns) 13
mapension.com | 84 State Street, Suite 250, Boston, MA 02109 | (617) 946-8401
PRIM Board Quarterly Update
Second Quarter 2021
PRIM Executive Director and Chief Investor Officer Michael G. Trotsky, CFA provided the following information
to the PRIM Board at its August 17, 2021, meeting:
Executive Director and Chief Investment Officer Report
The PRIT Fund recorded the highest fiscal year performance in PRIM’s entire history with a return of 30.0%
(29.5%, net), surpassing the previous high in 1986 when the Fund returned 25.6%. Moreover, the Fund
outperformed its benchmark by 8.9% (net), the largest fiscal year outperformance in PRIM ’s history,
surpassing the previous high in 2000 when the Fund outperformed by 5.9%.
The return equates to a net investment gain of $22.1 billion for the fiscal year, $6.7 billion above a benchmark
return. Assets under management were a record $95.7 billion, while outflows to pay pension benefits were
approximately $1.2 billion.
We are pleased with the strong one-year performance, but more pleased that over longer periods and
through strong markets and market corrections the PRIT Fund has proven to be high-performing, resilient,
and cost-effective. The PRIT Fund’s trailing 3-, 5-, and 10-year returns remain strong and consistently above
benchmarks, and also above the required actuarial rate of return (7.0%). Much of the success can be
attributed to our individual asset class teams who are disciplined and focused on identifying the most
profitable sectors and most skillful managers. We also believe our innovative and acclaimed work over the
last ten years, in which we developed our own proprietary and statistically driven tools for asset allocation
and also manager selection is paying off. We have successfully engineered a portfolio that performs well in a
variety of market conditions.
One of PRIM’s principal investment beliefs is that all investment programs must be evaluated on three equally
important parameters: return, risk, and cost, and while we are delighted with the record return of fiscal year
2021, we are equally pleased that risk was well controlled, and our costs remain low. Excellent results in a
period, when by design, we invested more of the Fund in higher-performing and higher-cost private
investments.
Too often in strong markets like we have just experienced investors become more focused on returns and
Mass PRIM Quarterly Update – Q2 2021
2
less focused on risk and cost. However, PRIM is still as focused as ever on risk and cost, too. In fact, for FY21
the risk adjusted returns were at a multi-year high, while costs were at a multi-year low. The PRIT Fund’s
Sharpe Ratio was 4.05 and total costs, all costs, were 51 basis points. As a reminder a Sharpe Ratio over 1 is
generally considered acceptable to most investors, and larger is better; and 51 basis points total cost, is very
low especially for a portfolio that utilizes approximately 35% high-performing and high-cost private assets
such as Private Equity, Private Debt, Real Estate, and Timberland. Project SAVE initiatives now total $250
million, annually. Importantly, we believe our returns will be near the top of our peer group, even while risk
will be near the bottom and costs remain low and well controlled. In short, the PRIT Fund is high return, lower
risk, less volatile and low cost. We believe this is an indication that our manager selection, asset allocation
and diversification techniques and tools have been working as expected since they were designed and
implemented. It also indicates the success of our maniacal focus on controlling costs.
Operationally, we had a very productive year; we researched and deployed more than $4.4 billion in new
investments, hired and onboarded seven new full-time employees, promoted five of our highest-performing
rising stars, hired thirteen interns, and launched several new initiatives including a groundbreaking
agreement with MIT Sloan School designed to improve ESG investing, and a program called the FUTURE
Initiative, which is designed to implement the newly created Investment Equity law, the law created and
championed by Treasurer Goldberg and signed into law in January 2021. The new law will help PRIM create
an enhanced pathway for diverse investment managers and vendors to compete successfully for contracts,
with the ultimate goal of achieving at least 20% diversity in PRIM’s vendor base.
There is always room to improve on Diversity and Inclusion metrics; nonetheless we are extremely proud of
our results to date, both in regard to internal staff and external contracts. Last fiscal year, PRIM placed $1.2
billion with diverse investment management firms and now has more than $6 billion in assets deployed. We
will add an additional $1 billion mandate to the program in September bringing our total to more than $7
billion. PRIM ranks sixth in the nation in funds invested with diverse managers, according to a recent Pensions
and Investments survey. Internally, 64% of PRIM’s workforce is diverse in regard to gender, race, or both,
49% of PRIM’s workforce is female, 38% of PRIM’s Senior Management is diverse in regard to gender, race,
or both, and 33% of PRIM’s Senior Management is female. And importantly, we continue to enhance our
proxy voting guidelines to require the boards of our publicly traded companies to be diverse in terms of both
gender and race. Clearly, there is room to improve, but we are consistently and materially making progress
each year.
Last, a word about the environment of last year. I am extremely proud of our record setting accomplishments
this year and even more pleased with our long-term successes, but I believe this year’s achievements are
particularly remarkable because the COVID pandemic was a major distraction, if not a major headwind, to
our efforts. It was an extremely difficult year. I could not be prouder of this team and how we responded
during the crisis and how we overcame the challenges to deliver these strong results. I am thankful to the
entire PRIM staff and to our Board and committee members, for their support, dedication, and hard work
over the past year -- a year we will not soon forget.
PRIT Fund Performance Summary
The PRIT Fund recorded its single best year in our history, setting records in three metrics: absolute return,
relative return, and assets under management. The PRIT Fund returned 29.5% (net) for the fiscal year ended
June 30, 2021, outperforming the benchmark by 8.9% (net) of fees. The outperformance was widespread as
six of the seven major asset classes outperformed their benchmarks. Assets under management at year end
were $95.7 billion and net outflows to pay benefits were $1.2 billion. Risk adjusted returns were at a multi -
year high, while costs were at a multi-year low. (Sharpe Ratio of 4.05, cost of 51 basis points.)
The PRIT Fund’s trailing 3-, 5-, and 10-year returns remain strong, above benchmark, and above the Actuarial
Mass PRIM Quarterly Update – Q2 2021
3
Rate of Return, which is currently 7.00%.
For the one-year period ended June 30, 2021:
• The PRIT Fund was up 29.5%, outperforming the total core benchmark of 20.6% by 891 basis points,
net of fees.
• This performance equates to an investment gain of $22.1 billion.
• This outperformance equates to $6.7 billion of value above the benchmark return.
• Net total outflows to play benefits for the one-year ended June 30, 2021, were approximately $1.2
billion.
• Six of the seven major asset classes outperformed their respective benchmarks.
Risk
The one-year realized Sharpe Ratio of the PRIT Fund was 4.05; this compares to a Sharpe Ratio of 2.32 for a
60/40 mix of stocks and bonds, indicating that overall return, manager selection, asset allocation and
diversification is achieved in a risk efficient manner. (A Sharpe Ratio of 1 is considered acceptable to most
investors; larger is better.) More important, the risk return efficiency of the PRIT Fund is also observed looking
at longer time periods. For example, the five-year trailing Sharpe Ratio for the PRIT Fund has been higher
than a 60/40 mix in each fiscal year since 2014, while the five-year trailing Sharpe Ratio for the PRIT Fund had
been lower than a 60/40 mix for each of the five fiscal year ends prior to 2014.
Total PRIT Fund Returns
Annualized Returns as of June 30, 2021 (Gross of Fees)
Source: BNY Mellon.
Total Core Benchmark includes private equity benchmark.
30.0%
12.2%12.0%
9.5%
20.6%
10.1%10.1%
7.9%
9.4%
2.1%1.9%1.6%
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
30.0%
35.0%
1 Year 3 Year 5 Year 10 YearReturns
Total Fund Return Total Core Benchmark Value Added
Mass PRIM Quarterly Update – Q2 2021
4
PRIT Asset Class Performance Summary
One Year Ended June 30, 2021 (Gross of Fees)
Source: BNY Mellon. Totals may not add due to rounding. *Benchmark is actual performance.
PRIT Fund Periodic Table of Returns
(Gross of Fees) as of June 30, 2021
1 Year 3 Year 5 Year 10 Year
PRIVATE EQUITY
72.7%
PRIVATE EQUITY
28.8%
PRIVATE EQUITY
25.9%
PRIVATE EQUITY
20.8%
GLOBAL EQUITY
42.4%
GLOBAL EQUITY
14.3%
GLOBAL EQUITY
15.1%
GLOBAL EQUITY
10.4%
VALUE-ADDED FIXED
INCOME
18.5%
REAL ESTATE
7.9%
REAL ESTATE
7.9%
REAL ESTATE
10.0%
REAL ESTATE
17.0%
CORE FIXED INCOME
7.0%
VALUE-ADDED FIXED
INCOME
7.0%
VALUE-ADDED FIXED
INCOME
5.4%
PCS
15.6%
VALUE-ADDED FIXED
INCOME
6.9%
PCS
5.2%
TIMBER
5.0%
TIMBER
8.0%
PCS
3.8%
TIMBER
4.8%
CORE FIXED INCOME
5.0%
CORE FIXED INCOME
(0.8%)
TIMBER
2.6%
CORE FIXED INCOME
3.5%
PCS
4.5%
Source: BNY Mellon. 72.7%42.4%18.5%17.0%15.6%8.0%-0.8%72.7%40.5%15.1%8.6%17.1%1.5%-1.4%0.0%2.0%3.3%8.5%-1.6%6.5%0.6%-20.0%
-10.0%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
80.0%
90.0%
Private
Equity*
Global Equity Value Added
Fixed Income
Real Estate Portfolio
Completion
Strategies
Timberland Core Fixed
IncomeReturns
Asset Class Benchmark Value Added
Mass PRIM Quarterly Update – Q2 2021
5
Organizational Updates
New Hires
Seth Gitell will join the leadership team in late August as PRIM’s Chief External Affairs Officer. Seth is a
seasoned public strategist, experienced in strategic communications and media relations as well as being a
trusted counsel to senior leaders. Most recently, Seth was the Chief of Staff for the Office of Massachusetts
House Speaker Robert DeLeo. His responsibilities included directing and coordinating the daily and long-term
operations of the Speaker’s office and overseeing the office’s communications efforts. Prior to this role, Seth
served as Speaker DeLeo’s Director of Communications, and, before that, in what was the top
communications role in City Hall, Seth was Mayor Menino’s Press Secretary.
Seth is a talented writer, having begun his career in political journalism. A former reporter with The Boston
Phoenix and Forward, he has been published in The Atlantic Monthly, The Wall Street Journal, The Boston
Globe, and The Los Angeles Times. Seth is well-known for his sound judgment and professionalism. He has a
Bachelor of Arts, Magna Cum Laude in American History from Harvard College and a law degree from New
York University School of Law.
Helen Huang joined PRIM on June 1, 2021, as a Senior Investment Officer on the Private Equity team,
reporting to Michael McGirr. Helen has more than twelve years of investment management experience and
will be responsible for portfolio construction, manager selection, and contributing to PRIM’s cutting-edge
private equity research. Helen joined PRIM from China Growth Capital, where she was a senior advisor. Prior
to that she worked for Harvard Management Company and Summit Partners in investment roles, and started
her career at Merrill Lynch/Bank of America. Helen has a Bachelor of Science degree in Finance from the
University of Virginia and an MBA from Harvard Business School.
Mini Kouame joined PRIM on July 26, 2021, as an Investment Analyst on the Research team reporting to
Maria Garrahan, PRIM’s Director of Research. Mini comes to us from Potomac Group LLC, a sovereign
advisory firm, as a Senior Associate. He has prior experience as a Consultant for the World Bank and was a
Project Manager at KPMG Advisory. Mini recently received his Master’s in Public Administration in
International Development, with a major in Financial Economics from Harvard University. Mini also has his
Master’s in Management with a major in Finance from ESCP Europe Business School in Paris, France, and a
Bachelor of Science in Statistics from ENSEA in Ivory Coast.
Joseph Kamotho joined PRIM on August 16, 2021, as a Business Systems Analyst on the IT Team. He will be
working to help IT support PRIM’s systems and onboard new technologies. Joseph previously worked at Man
Numeric as a Database Administrator where he was responsible for database design, management, and
administration. Previously, Joseph was a Systems Administrator at Numeric Investors. Joseph holds a
Bachelor of Science in Management Information Systems from Northeastern University.
Recognition
The American Investment Council announced in July that PRIM Private Equity ranked #4 in private equity
returns among nearly 200 U.S. public pension funds based on 10-year performance. PRIM is the only fund
that has been in the Top 5 of all private equity portfolios in every year the American Investment Council has
performed the study – including #1 rankings in 2019, 2018, 2015 and 2013. We are extremely proud of this
accomplishment. Congratulations to the Private Equity team for this outstanding accomplishment.
The Portfolio Completion Strategies team is one of four finalists for “Partnership of the Year” at the 2021
Institutional Investor Allocators’ Choice Awards, to be held in New York in September. This is the sixth time
PRIM has been recognized for outstanding innovation by Institutional Investor, as nominated by our industry
peers and colleagues, including “Plan of the Year” – winner 2016, “Plan of the Year” – nominee 2017, 2018,
2019, and Lifetime Achievement Award in 2019 – winner Michael G. Trotsky, CFA.
Mass PRIM Quarterly Update – Q2 2021
6
This year PRIM is being recognized for our PCS partnership with Fir Tree Partners, because as Institutional
Investor noted “PRIM kicked off a SPAC investment mandate before SPAC became a buzz.” The deal made
MassPRIM money while “reinvigorating Fir Tree’s business.”
PRIM Board Actions
Public Markets
New Investment Recommendation: Rhumbline Advisers, LP – Passive S&P 500 Index
The PRIM Board approved an initial allocation of up to $1 Billion to Rhumbline Passive S&P 500 Index.
Rhumbline is a Boston-based diverse (women and minority) institutional investment management firm
specializing in the development, management, and customization of index-based strategies.
Other Credit Opportunities - New Investment Recommendation: Newmarket IIFC III Fund-of-One
The PRIM Board approved an initial allocation of $150 million to Newmarket IIIFC III Fund-of-One LLC, subject
to satisfactory contract negotiations. If approved, Newmarket will be added to the OCO co -investment
program in accordance with the Board-approved PCS and OCO co-investment guidelines in assessing the
opportunities.
Strategy Group
Research: Asset Allocation Advisory Services Request for Proposals (RFP) Recommendation
The PRIM Board approved the selection of NEPC to provide asset allocation advisory services to PRIM.
Real Estate Leverage Recommendation
The PRIM Board approved the following:
1. eSecLending, PRIM’s current securities lending manager, to manage a general collateral (primarily
U.S. Treasuries) securities lending program, Repurchase Agreements (Repos), as needed; and
2. Parametric, PRIM’s current overlay manager, to manage Futures, Total Return Swaps, and Repos as
needed.
PRIM’s Real Estate Leverage Program currently utilizes direct financing through property-level mortgages,
bank loans, private notes, and internal financing through PRIM’s securities lending program. PRIM staff
recommends expanding its sources of internal financing options to include the use of:
• General collateral (primarily U.S. Treasuries) on PRIM’s securities lending.
• Repurchase Agreements (Repo).
• Futures (Equity and U.S. Treasury futures).
• Total Return Swaps (Equity and U.S. Treasury total return swaps).
PRIM staff will continue to ensure that the use of leverage remains in compliance with Board approved Real
Estate Leverage policy and guidelines, as detailed in the Investment Policy Statement.
Real Estate & Timberland
Non-Core Real Estate – New Investment Recommendation: Berkshire Multifamily Value Fund V and Co-
Investment
The PRIM Board approved the following, subject to satisfactory completion of due diligence and successful
contract negotiations:
• $25 million commitment to Berkshire Multifamily Value Fund V (“BMVF V”);
• Up to $75 million investment in the Texas Multifamily Co-Investment Opportunity (the “Co-
Investment Portfolio”)
Mass PRIM Quarterly Update – Q2 2021
7
Private Equity
Follow-on Investment Recommendation: Stone Point Trident IX, L.P.
The PRIM Board approved a commitment of up to $150 million to Trident IX, L.P. (“Trident IX”). PRIM has
invested in two prior Stone Point Capital (“Stone Point”) funds since 2017. Stone Point is an established
private equity manager and will primarily make investments in large and middle market financial services
companies in North America. Stone Point’s senior team has worked together for an average of 16 years. The
majority of Stone Point’s funds are either in Cambridge Associates’ first or second quartile for fund
performance.
New Investment Recommendation: Tidemark Fund I, L.P.
The PRIM Board approved a commitment of up to $75 million to Tidemark Fund I L.P. (“Fund I”). Fund I will
be led by David Yuan, former General Partner at Technology Crossover Ventures (“TCV”), with whom PRIM
has invested since 2006. In January 2021, Mr. Yuan founded Tidemark Capital (“Tidemark”), a San Francisco-
based private equity firm. Tidemark is an emerging manager and is a diverse investment manager. Tidemark
Fund I will target growth equity investments in the technology industry. PRIM has no prior investments with
Tidemark as Fund I is the firm’s inaugural investment product.
New Co-Investment Manager Recommendation: Tidemark
The PRIM Board approved the addition of Tidemark Capital to the Board-approved co-investment manage
bench because Tidemark meets PRIM’s co-investment criteria. Those criteria include: a superior track record;
a strong co-investment history; and a willingness to partner with PRIM.
Finance & Administration
Request for Proposals (RFP) for Board Governance Consulting and Fiduciary Education Services
The PRIM Board approved the issuance of an RFP for Board governance consulting and fiduciary education
services. PRIM’s current governance consultant, Cortex Applied Research, will be winding down their
governance consulting practice by the end of the year.
Request for Proposals (RFP) for Information Technology Consulting and Support Services
The PRIM Board approved the issuance of an RFP for information technology consulting and support services.
The contract extension with PRIM’s current information technology consultant, Edge-Tech Consulting,
expires on December 31, 2021.
The Client Services team -- Francesco Daniele, Laura Strickland, and Emily Green – will continue to meet with
the retirement boards of PRIM’s member retirement systems throughout the year. To schedule a visit, please
contact Francesco at fdaniele@mapension.com, Laura at lstrickland@mapension.com, Emily at
egreen@mapension.com, or call 617-946-8401. We look forward to seeing you soon.
A Special Letter from the Brewster Recycling Commission
Brewster, Massachusetts
August 12, 2021
Dear Brewster Business Member,
Thanks to everyone for your cooperation regarding the Thin-Film Plastic Bag Ban; Brewster will
be a cleaner community because of your help.
As you know from prior correspondence and news articles, a ban on the Commercial Sale of
Single-use Plastic Water Bottles was passed and becomes effective on September 1, 2021. On
that date “it shall be unlawful to sell [any] non-carbonated, unflavored drinking water in
single-use plastic bottles of less than one gallon” capacity in the Town of Brewster.
We recognize that some businesses have already stopped selling water in the smaller plastic
bottles and we appreciate your efforts! For those that haven’t, the Brewster Recycling
Commission is prepared to help you transition to a greener alternative should you want our
assistance. Commission members may be stopping by during August to address any concerns. If
you feel you received this letter in error, you didn’t. As some businesses are not as readily
identifiable, we felt that it was better to err on the side of inclusiveness.
Two questions that have already arisen are 1.) whether a case of individual bottles (6, 12 or 24
pack in shrink wrap) can be sold and 2.) whether businesses can give away single-serve bottled
water for free. The answer to the first is “no” as they remain single-serve (less than a gallon
apiece) plastic water bottles. The answer to the second is that while the bylaw does not
specifically restrict the giving away of bottled water in less than one gallon containers, we hope
that Brewster businesses will respect the spirit of the bylaw, which was to significantly reduce
the sale and use of single-serve bottled water.
For your reference, a copy of the bylaw appears on the reverse of this letter.
Please feel free to reach out to the Town Administrator’s office (email: townadmin@brewster-
ma.gov) if you have questions about this bylaw.
Sincerely,
s/ Meg Morris
Margretta “Meg” Morris
Chair, Brewster Recycling Commission
Cc: Brewster Recycling Commission Members
Town Administration